Sunday, September 15, 2019

Wisconsin appellate court week September 16th-20th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

October 3rd "Judicial Nominations in the Trump Administration" Ed Whelan, President, Ethics and Public Policy Center, presented by Milwaukee Lawyers Chapter (details and registration)

November 14th-16th "Originalism", National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)


Supplement to last week

Monthly Statistical Report - August 2019, Wisconsin Court System

Wisconsin Supreme Court oral argument
- State v. Schultz, 2017 AP 1977-CR;
- State v. Lopez, 2017 AP 014-CR;
WisconsinEye video

- Supreme Court Digest and
- Court of Appeals Digest, by Profs. Daniel D. Blinka and Thomas J. Hammer, Marquette University Law School, Milwaukee
- Lawyer Discipline, Office of Lawyer Regulation
Wisconsin Lawyer - September 2019

- What Does the State Bar Do for Me? by Jill M. Kastner, Legal Action of Wisconsin Inc., Milwaukee, President, State Bar of Wisconsin;
- When a House Becomes a Home, by Larry J. Martin, executive director, State Bar of Wisconsin;
Wisconsin Lawyer - September 2019

Appeals Court: Voluntary Retirement Precludes Worker’s Compensation Benefits, by Joe Forward, WisBar News

Fiction or Felony? An Uber Driver's Facebook Posts Inspire Fear, by Jeremy Conrad, FindLaw 7th Circuit

“Women and the Wisconsin Supreme Court”: An Update through 2018-19, by Alan Ball, Marquette University, SCOWstats

Defense win! SCOW reverses courts of appeals’ dismissal of Chapter 51 appeal for mootness, On Point blog, Wisconsin State Public Defender

Wisconsin Court of Appeals Enforces Knowledge Requirement for Preference Claims, by Rachel M. Blise, Foley & Lardner LLP, Milwaukee

Appeals court reduces award in legal battle over bedbugs, Associated Press, Wisconsin Law Journal

State Bar of Wisconsin Policy Positions - 2019

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- October 2019 (October 7-16, 2019)
- November 2019 (November 4-13, 2019)
- December 2019(December 2-11, 2019P

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Saturday, September 7, 2019

Wisconsin appellate court week September 9th-13th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

September 11th Annual Judge Rudolph T. Randa Lecture, “Happy (Almost) Constitution Day ... If You Can Keep It” by Judge Don Willett of the United States Court of Appeals for the Fifth Circuit, and presentation of the Judge Rudolph T. Randa Award, for work on behalf of the rule of law and the legal principles our Society exists to uphold, to Richard M. Esenberg, at the University Club, Milwaukee Lawyers Chapter (details and registration)

November 14th-16th National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (save the date)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)


Supplement to last week

Court of Appeals Opinions Published Order - August 2019, 2019 WI APP 40-47

Supreme Court Oral Argument video
- State v. Anderson, 2017AP1104-CR
- Lamar Central Outdoor, LLC v. Division of Hearing & Appeals, 2017AP1823
- State v. Hinkle, 2017AP1416-CR
WisconsinEye

Family-law case raises questions about mandatory court rulings, by Gregg Herman, Wisconsin Law Journal

SCOW to address mootness, the due process right interpreters, and other Chapter 51 issues, On Point, Wisconsin State Public Defender

SCOW to address interrogations and equivocal/unequivocal assertions of Miranda rights, On Point, Wisconsin State Public Defender

Three judges appointed to Milwaukee-area courts, including "Judge Joe Donald to the Court of Appeals (District I), Attorney Jeffrey O. Davis to the Court of Appeals (District II)", Wisconsin Law Journal

Supreme Court Oral Argument video
- State v. Pope, 2017AP1720-CR
- Wren v. Richardson, 2017AP880-W
WisconsinEye

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- October 2019 (October 7-16, 2019)
- November 2019 (November 4-13, 2019)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, September 1, 2019

Wisconsin appellate court week September 3rd-6th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

September 11th Annual Judge Rudolph T. Randa Lecture, “Happy (Almost) Constitution Day ... If You Can Keep It” by Judge Don Willett of the United States Court of Appeals for the Fifth Circuit, and presentation of the Judge Rudolph T. Randa Award, for work on behalf of the rule of law and the legal principles our Society exists to uphold, to Richard M. Esenberg, at the University Club, Milwaukee Lawyers Chapter (details and registration)

November 14th-16th National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (save the date)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)


Supplement to last week

Public Defender Outcomes Compared to the “Field”: An Update for 2014-15 through 2018-19, by Alan Ball, Marquette University, SCOWstats

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- October 2019 (October 7-16, 2019)
- November 2019 (November 4-13, 2019)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, August 25, 2019

Wisconsin appellate court week August 26th-30th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

September 11th Annual Judge Rudolph T. Randa Lecture, “Happy (Almost) Constitution Day ... If You Can Keep It” by Judge Don Willett of the United States Court of Appeals for the Fifth Circuit, and presentation of the Judge Rudolph T. Randa Award, for work on behalf of the rule of law and the legal principles our Society exists to uphold, to Richard M. Esenberg, at the University Club, Milwaukee Lawyers Chapter (details and registration)

November 14th-16th National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (save the date)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)


Supplement to last week

BBE Proposes Changes to Bar Applicants’ Character and Fitness Inquiries and Requirements to Reactivate Law License to Active Status, Inside Track, State Bar of Wisconsin

First Published Wisconsin Appellate Opinion Applying New Class Action Rule, Thomas L. Shriner Jr., Foley & Lardner LLP, Milwaukee

State Budget and Legislation: State Bar Makes Progress on Policy Priorities, by Joe Forward, Inside Track, State Bar of Wisconsin

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- October 2019 (October 7-16, 2019)
- November 2019 (November 4-13, 2019)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Friday, August 23, 2019

What is the Federalist Society?

Law school classes are about to resume. In this video "Students, lawyers, and faculty describe how their ideas about the law and their careers have been shaped by being a part of the Federalist Society."

Monday, August 19, 2019

Wisconsin appellate court week August 19th-23rd 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

September 11th Judge Don Willett of the United States Court of Appeals for the Fifth Circuit will deliver this year's Judge Rudolph T. Randa Lecture, University Club, Milwaukee Lawyers Chapter (save the date)

November 14th-16th National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (save the date)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)


Supplement to last week

An Update on Fourth-Amendment Cases: 2017-18 and 2018-19, by Alan Ball, Marquette University, SCOWstats

Wisconsin Supreme Court: Justice Hagedorn Investiture Ceremony, WisconsinEye

Wisconsin Supreme Court accepts three new cases, Wisconsin Court System

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- October 2019 (October 7-16, 2019)
- November 2019 (November 4-13, 2019)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, August 11, 2019

Wisconsin appellate court week August 12th-16th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

September 11th Judge Don Willett of the United States Court of Appeals for the Fifth Circuit will deliver this year's Judge Rudolph T. Randa Lecture, University Club, Milwaukee Lawyers Chapter (save the date)

November 14th-16th National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (save the date)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)


Supplement to last week

Court of Appeals Orders of Published Opinions - July 2019, 2019 WI App 34-38, Wisconsin Court System

Supreme Court Monthly Statistical Report - July 2019, Wisconsin Court System

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- October 2019 (October 7-16, 2019)
- November 2019 (November 4-13, 2019)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, August 4, 2019

Wisconsin appellate court week August 5th-9th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

September 11th Judge Don Willett of the United States Court of Appeals for the Fifth Circuit will deliver this year's Judge Rudolph T. Randa Lecture, University Club, Milwaukee Lawyers Chapter (save the date)

November 14th-16th National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (save the date)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)


Supplement to last week

Stare Decisis and Fractured Majorities, by Daniel Suhr, Marquette University Law School Faculty Blog

Supreme Court Digest, and
Court of Appeals Digest, by Prof. Daniel Blinka and Prof. Thomas Hammer, Marquette University Law School, and
Lawyer Discipline, Office of Lawyer Regulation,
Wisconsin Lawyer - July 2019

Conservatives ask state Supreme Court to block Gov. Tony Evers' budget vetoes, by Patrick Marley, Milwaukee Journal Sentinel [Petition and Supporting Memorandum]

The Third Branch, spring/summer 2019, the quarterly newsletter of the Wisconsin court system

Conservative-Backed Judge Brian Hagedorn Sworn Into Wisconsin Supreme Court: Hagedorn Begins 10-Year Term On State's Highest Court, by Laurel White, Wisconsin Public Radio

Republican lawmakers sue Democratic attorney general in fifth lame-duck lawsuit, by Patrick Marley, Milwaukee Journal Sentinel

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- October 2019 (October 7-16, 2019)
- November 2019 (November 4-13, 2019)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Friday, August 2, 2019

Did In-Chambers Concerns Help Derail a Supreme Court Nominee's Confirmation?

"The Circuit Justice Is a Very Important Person" Did In-Chambers Concerns Help Derail a Supreme Court Nominee's Confirmation? by Ira Brad Matetsky in the Introduction to Journal of In-Chambers Practice, Vol. 3, No. 1

Wednesday, July 31, 2019

The Haves of Procedure

Ion Meyn, University of Wisconsin Law School, in William & Mary Law Review, Vol. 60, 2019, Univ. of Wisconsin Legal Studies Research Paper No. 1476; at SSRN.
Abstract

In litigation, “haves” and “have-nots” battle over what procedures should govern. Yet, much greater hostilities have been avoided—a war between the “haves” themselves. “Criminal haves” (prosecutors) and “civil haves” (institutional players) litigate in separate territories and under different sets of rules. This is good, for them, because they have incompatible objectives. This Article contends that protecting the “haves” from each other has profoundly influenced the development of procedure in the United States.

The “haves” reap significant benefits in being insulated from each other as they seek rules responsive to their unique preferences. A “criminal have” seeks easy access to the forum and thus prefers a permissive pleading standard. In contrast, a “civil have” seeks to impede a plaintiff from bringing suit and thus prefers a demanding pleading standard. As to discovery, “criminal haves,” possessing actionable facts and seeking to control the pretrial distribution of information, resist discovery and judicial involvement. In contrast, “civil haves” often need information to pursue legal objectives, and thus prefer a formal discovery phase, along with the option of judicial intervention to temper instances of discovery abuse. The procedural divide allows the “haves” to achieve these otherwise incompatible objectives.

In the absence of a procedural divide, “criminal haves” and “civil haves” would engage in contestation over what rules govern litigation. This Article suggests that, should civil and criminal litigants be subject to the same rules, as initially proposed during federal reform in the 1940s, the introduction of litigants into a unified forum would result in a fairer approach to procedure, mitigate existing inequalities, and accomplish some litigation objectives of the “havenots.”

Sunday, July 28, 2019

Wisconsin appellate court week July 29th-August 2nd 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

August 1st cocktail reception, Milwaukee Lawyers Chapter (by invitation)

November 14th-16th National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (save the date)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)


Supplement to last week

Conservative Group Seeks To End Requirement For Lawyers To Join Wisconsin State Bar, by Latoya Dennis, WUWM

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- October 2019 (October 7-16, 2019)
- November 2019 (November 4-13, 2019)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Friday, July 26, 2019

Judging Power Plays in the American States

Miriam Seifter of the University of Wisconsin Law School at the Texas Law Review, Vol. 97, 2019, Univ. of Wisconsin Legal Studies Research Paper No. 1480, at SSRN.
Abstract

Around the country, officials in “purple” states are waging high-stakes battles in which they alter government institutions for partisan advantage. Lame-duck legislatures have divested newly elected executive-branch officials of their power, and governors have unilaterally claimed new authority over appointments or elections. In other instances, state officials have boldly leveraged existing powers: one governor line-item vetoed the state legislature’s entire operating budget, and another state legislature impeached its entire supreme court. If federal officials are playing “hardball,” state governments are playing hand grenades.

Commentators to date have largely viewed these developments in political terms, as evidence of eroding democracy. This Essay, prepared for a symposium on “Reclaiming—and Restoring—Constitutional Norms,” urges another lens: the recent power plays raise significant, justiciable questions of state constitutional law. Indeed, state courts have begun to decide these cases, despite apparent misgivings and dissenting opinions regarding the conflicts’ political nature.

The Essay describes this growing body of case law and identifies its common features. Zooming out from the outcomes of the lawsuits, the Essay highlights a set of more systemic implications: power play litigation is dialogue-forcing in a state realm that needs dialogue. In addition to providing healthy friction against power plays, state litigation spurs media coverage, social movement mobilization, and public conversation about constitutions that are otherwise low salience and about power plays that transpired quickly. This litigation-fostered dialogue also serves the separation-of-powers value of bringing multiple different perspectives and modes of argument to bear on state decision-making. In flagging this benefit, the Essay does not attempt a full normative analysis or attempt to weigh these benefits against inevitable costs. It simply suggests that, as the full picture takes shape, we should be watching to see whether adjudicating power plays can help to foreground the role of state constitutions in state governance.

Wednesday, July 24, 2019

The Importance of Proper Citation and Research Technique

Big Trouble in Little Print: The Importance of Proper Citation and Research Technique, by Shannon Russell, 22 Green Bag 2d 17

Sunday, July 21, 2019

Wisconsin appellate court week July 22nd-26th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

August 1st cocktail reception, Milwaukee Lawyers Chapter (by invitation)

November 14th-16th National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (save the date)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)


Supplement to last week

The Supreme Court’s 2018-19 Term: Some Initial Impressions, by Alan Ball, Marquette University, SCOWstats

Kelly outraises challengers for Wisconsin Supreme Court seat, by Associated Press, Wisconsin Law Journal

Wisconsin Supreme Court Statistics, 2018-19, by Alan Ball, Marquette University, SCOWstats

A justice’s legacy: With Shirley Abrahamson's retirement, local women in law reflect on changing landscape, by Briana Reilly, The Capital Times

Hagedorn, Neubauer set spending record in court race, by Associated Press, Wisconsin Law Journal

The 2018-19 Term: Some More Impressions–and a Paradox, by Alan Ball, Marquette University, SCOWstats

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- October 2019 (October 7-16, 2019)
- November 2019 (November 4-13, 2019)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Friday, July 19, 2019

Personal Jurisdiction Based on the Location of a Server

Personal Jurisdiction Based on the Location of a Server: Chinese Territorialism in the Internet Era? by Jie (Jeanne) Huang, Wisconsin International Law Journal, Volume 36, Issue 1, p. 87.

ABSTRACT
Whether a court can exercise personal jurisdiction based on the location of a server in internet1 tort cases is a controversial issue. Its significance comes from the paradox that the internet is de-localized because it is ubiquitous, but servers are indispensable to the internet and every server has a geographic location. Since 2001, Chinese law has allowed courts to exercise personal jurisdiction solely based on the location of a server or other computing equipment in intellectual property infringement cases. Recently, it has extended this jurisdiction rule to all internet torts. This paper asks whether the location of a server should be considered the place where the tort occurs and whether this territorial-based jurisdiction rule can suffice its public-law legislative goal. It may enrich current research about technology-mediated legal challenges to private international law in two aspects. Firstly, it conducts a broad international survey by looking into laws in China, the U.S., Australia and the EU. It also analyzes where the tort occurs when servers are owned by an infringer, a third party or an infringee in domain name registration, service outsourcing, platform, cloud computing, commercial spams, etc. It concludes that in legal theory, the location of the server is not the place where an internet tort occurs. Secondly, by analyzing China’s experience, it argues that, in the internet era, states have to look for private-international-law tools to advance their public policy claims. However, the practice shows that the territorial-based jurisdiction rule is limited in fulfilling its pubic-law legislative goal.

Wednesday, July 17, 2019

The Escalating Legal Consequences of Committing a “Violent” Crime

Third-Class Citizenship: The Escalating Legal Consequences of Committing a “Violent” Crime, by Michael M. O'Hear, Marquette University Law School, at 109 Journal of Criminal Law & Criminology 165 (2019).
Abstract:

For many years, American legislatures have been steadily attaching a wide range of legal consequences to convictions — and sometimes even just charges — for crimes that are classified as “violent.” These consequences affect many key aspects of the criminal process, including pretrial detention, eligibility for pretrial diversion, sentencing, eligibility for parole and other opportunities for release from incarceration, and the length and intensity of supervision in the community. The consequences can also affect a person’s legal status and rights long after the sentence for the underlying offense has been served. A conviction for a violent crime can result in registration requirements, lifetime disqualification from employment in certain fields, and a loss of parental rights, among many other “collateral consequences.” While a criminal conviction of any sort relegates a person to a kind of second-class citizenship in the United States, a conviction for a violent crime increasingly seems even more momentous — pushing the person into a veritable third-class citizenship.

This article provides the first systematic treatment of the legal consequences that result from a violence charge or conviction. The article surveys the statutory law of all fifty states, including the diverse and sometimes surprisingly broad definitions of what counts as a violent crime. While the article’s aims are primarily empirical, concerns are raised along the way regarding the fairness and utility of the growing length and severity of sentences imposed on “violent” offenders and of the increasingly daunting barriers to their reintegration into society.

Sunday, July 14, 2019

Wisconsin appellate court week July 15th-19th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

August 1st cocktail reception, Milwaukee Lawyers Chapter (by invitation)

November 14th-16th National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (save the date)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)


Supplement to last week

Pax Americana Institute: Justice-Elect Hagedorn, audio/video, WisconsinEye

Kelly: Beware of judges looking to legislate from bench by Associated Press, Wisconsin Law Journal

GOP proposes constitutional amendment limiting veto power, by Todd Richmond, Associated Press, Wisconsin Law Journal

Wisconsin Supreme Court accepts three new cases, Wisconsin Court System

Private Bar Rate Increase an Historic Investment in Justice, Rotunda Report, State Bar of Wisconsin

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- October 2019 (October 7-16, 2019)
- November 2019 (November 4-13, 2019)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders