Sunday, May 19, 2019

Wisconsin appellate court week May 20th-24th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

June 20th Rachel Barkow of New York University School of Law, presented by 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)


Supplement to last week

Supreme Court Oral Argument,
League of Women Voters v. Evers, No. 2019AP559,
WisconsinEye audio/video

Wisconsin Supreme Court Hears Oral Arguments in First Extraordinary Session Challenge, HCG Blog, Hamilton Consulting Group, Madison

Lawyers Petition for Voluntary State Bar of Wisconsin, Inside Track, State Bar of Wisconsin [Rule petition 19-14]
We Need You: Improving Access to Justice in Wisconsin, Inside Track, State Bar of Wisconsin

Wisconsin Supreme Court accepts six new cases, Wisconsin Court System

Wisconsin Judicial Council - May 17, 2019 Meeting Agenda, Wisconsin State Law Library

Supreme Court Digest, by Prof. Daniel D. Blinka and Prof. Thomas J. Hammer, Marquette University Law School, Wisconsin Lawyer
Court of Appeals Digest, by Prof. Daniel D. Blinka and Prof. Thomas J. Hammer, Marquette University Law School, Wisconsin Lawyer
Lawyer Discipline, by the Office of Lawyer Regulation, Wisconsin Lawyer

Strong Leadership Ahead, President's Message by Christopher Earl Rogers, Habush Habush & Rottier SC, Madison, president-elect, State Bar of Wisconsin, Wisconsin Lawyer
Passing the Gavel, Your State Bar column by Larry J. Martin, executive director, State Bar of Wisconsin, Wisconsin Lawyer
From Lip Service to Commitment: A More Inclusive Profession, by Ed Finkel, Wisconsin Lawyer

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 have no argument scheduled.

No conference on pending petitions for review is currently scheduled.

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, May 12, 2019

Wisconsin appellate court week May 13th-17th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

June 20th Rachel Barkow of New York University School of Law, presented by 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)


Supplement to last week

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

Practitioners Handbook for Appeals revised and updated through May 2, 2019, United States Court of Appeals for the Seventh Circuit

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session, Action Dates 04/02/2019-05/14/2019

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:

Next conferences on pending petitions for review are

Pending rules petitions include those scheduled for hearing or conference

  • June 6th

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Latest slip opinions

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

Sunday, May 5, 2019

Wisconsin appellate court week May 6th-10th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

May 8th Regulatory Reform "Report Card", Seventh Annual Executive Branch Review Conference, Washington, D.C. (registration and details)

June 20th Rachel Barkow of New York University School of Law, presented by 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)


Supplement to last week

Neenah financial advisor wins top State Bar post, by Erika Strebel, Wisconsin Law Journal

Chief Justice Roggensack re-elected as chief justice of the Wisconsin Supreme Court, Wisconsin Court System

Dane County Judge Karofsky running for Supreme Court, by Associated Press, Wisconsin Law Journal

Crowd-Source Reminder, SCOWstats, by Alan Ball, Marquette University

Waukesha judge announces bid for Neubauer’s seat, by Erika Strebel, Wisconsin Law Journal

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:

Next conferences on pending petitions for review are

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

  • June 6th

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Latest slip opinions

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

Monday, April 29, 2019

For Russell Kirk

[born October 19, 1918 in Plymouth, Michigan, died April 29, 1994 in Mecosta, Michigan]

James Matthew Wilson at National Review

Sunday, April 28, 2019

Wisconsin appellate court week April 29th-May 3rd 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

CANCELED; registration payments will be refuned.May 6th Richard Brookhiser, John Marshall: The Man Who Made the Supreme Court, presented by Milwaukee Lawyers Chapter, the Wisconsin Institute for Law & Liberty, and the National Review Institute (details and registration)

May 8th Regulatory Reform "Report Card", Seventh Annual Executive Branch Review Conference, Washington, D.C. (registration and details)

June 20th Rachel Barkow of New York University School of Law, presented by 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)


Supplement to last week

Court of Appeals Annual Report - 2018, Wisconsin Court System

Court of Appeals Orders of Published Opinions - April 2019, 2019 WI App 16-18, Wisconsin Court System

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:

Next conferences on pending petitions for review are

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

  • June 6th

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Latest slip opinions

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

Thursday, April 25, 2019

The Costs of 'Janus v. AFSCME'

Edward A. Fallone, at the Marquette University Law School Faculty Blog, posted his prepared remarks from this April 10, 2019 panel discussion presented by the School's Federalist Society Student Chapter.

Tuesday, April 23, 2019

Electoral College Reform: Déjà vu

Ann Althouse, 95 Nw. U. L. Rev 993 (2001), via her blog.
"The 2000 presidential election has stirred up a great deal of concern about the evils of the electoral college. [footnote omitted] Before deciding to plunge into a new effort to abolish that seeming relic of an eighteenth-century compromise, one would do well to revisit a more recent era, the period from 1960 to 1971, when the proposal to amend the Constitution to provide for the direct election of the President came as close as it has ever come to success. This Review considers three books from that era that recount the story of how the idea of the direct election of the President gained currency and eventually met defeat. What can the story of the 1960s era effort tell us about the newly stimulated move to amend the Constitution? Does the 2000 election any more than the 1960 and the 1968 elections demonstrate the folly of the electoral college? If the legal and political climate has changed since then, is it a change more favorable to amending the Constitution, or less?"

Friday, April 19, 2019

Wisconsin appellate court week April 22nd-26th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

May 6th Richard Brookhiser, John Marshall: The Man Who Made the Supreme Court, presented by Milwaukee Lawyers Chapter, the Wisconsin Institute for Law & Liberty, and the National Review Institute (details and registration)

May 8th Regulatory Reform "Report Card", Seventh Annual Executive Branch Review Conference, Washington, D.C. (registration and details)

June 20th Rachel Barkow of New York University School of Law, presented by 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)


Supplement to last week

Supreme Court Oral Argument:
- State v. Cooper, 2016AP375-CR
- State v. Hanson, 2016AP2058-CR
WisconsinEye

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:

Next conferences on pending petitions for review are

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

  • June 6th

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Argument for
- April 2019 (April 15-24, 2019)
Latest slip opinions

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

Monday, April 15, 2019

Wisconsin appellate court week April 15th-19th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

April 15th "Reviving Lochner?: Recent Challenges to Economic Regulation" Rick Esenberg, Wisconsin Institute for Law & Liberty, and Professor Howard Schweber, UW Law School, at The Madison Club, Madison, presented by the Madison Lawyers Chapter, 1.0 CLE credit applied for (details and registration)

May 6th Richard Brookhiser, John Marshall: The Man Who Made the Supreme Court, presented by Milwaukee Lawyers Chapter, the Wisconsin Institute for Law & Liberty, and the National Review Institute (details and registration)

June 20th Rachel Barkow of New York University School of Law, presented by 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)


Supplement to last week

Court of Appeals Orders of Published Opinions - March 2019, 2019 WI App 9-14, Wisconsin Court System

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

Supreme Court Rules Hearings:
- OLR appointment and training of referees, 19-01
- Affording OLR referees more authority to rule on certain matters, 19-02
WisconsinEye

Text Mining at the Wisconsin Supreme Court: Majority Opinions, by Alan Ball, Marquette University, SCOWstats

Supreme Court oral argument:
- State v. Garcia, 2016AP1276-CR
- State v. Pegeese, 2017AP741-CR
- Koschkee v. Taylor, 2017AP2278-OA
WisconsinEye

Neubauer defeat dashes liberals’ hope for Supreme Court majority, Bridgetower Media Newswires, Wisconsin Law Journal

State Bar Board Acts on OLR Petitions, Approves Budget, Takes Other Actions, WisBar News

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session, Action Dates 03/28/2019-04/24/2019

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 - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Argument for
- April 2019 (April 15-24, 2019)
Latest slip opinions

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

Sunday, April 7, 2019

Wisconsin appellate court week April 8th-12th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

April 10th Matthew Krueger, U.S. Attorney for the Eastern District of Wisconsin, “The Federal Response to the Opioid Crisis”, presented by Milwaukee Lawyers Chapter (details and registration)

April 10th "Lawyers, Plaintiffs, and Professors, Oh My!: Janus v. AFSCME", with Ed Fallone and Mark Janus, presented by Marquette Student Chapter (details and registration)

April 15th "Reviving Lochner?: Recent Challenges to Economic Regulation" Rick Esenberg, Wisconsin Institute for Law & Liberty, and Professor Howard Schweber, UW Law School, at The Madison Club, Madison, presented by the Madison Lawyers Chapter, 1.0 CLE credit applied for (details and registration)

May 6th Richard Brookhiser, John Marshall: The Man Who Made the Supreme Court, presented by Milwaukee Lawyers Chapter, the Wisconsin Institute for Law & Liberty, and the National Review Institute (save the date)

June 20th Rachel Barkow of New York University School of Law, presented by 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)


Supplement to last week

Hagedorn declares victory in high court race, Neubauer not conceding, by Associated Press, Wisconsin Law Journal

Justice Daniel Kelly: Liberty Rests Upon Equal Justice, Inside Track, State Bar of Wisconsin

Spring Update: Status of Important Legislation, Rotunda Report, State Bar of Wisconsin

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 - 2018/2019 Term.

Next conferences on pending petitions for review are

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Argument for
- April 2019 (April 15-24, 2019)
Latest slip opinions

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

Sunday, March 31, 2019

Wisconsin appellate court week April 1st-5th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

April 10th Matthew Krueger, U.S. Attorney for the Eastern District of Wisconsin, “The Federal Response to the Opioid Crisis”, presented by Milwaukee Lawyers Chapter (details and registration)

May 6th Richard Brookhiser, John Marshall: The Man Who Made the Supreme Court, presented by Milwaukee Lawyers Chapter, the Wisconsin Institute for Law & Liberty, and the National Review Institute (save the date)

June 20th Rachel Barkow of New York University School of Law, presented by 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)


Supplement to last week

Admission to the Bar: Requests for testing accomodation, No. 18-07, 2019 WI 32

Wisconsin Supreme Court Oral Argument:
- State v. Trammell, 2017AP1206-CR
- L. G. v. Aurora Residential Alternatives Inc., 2018AP656
- Enbridge Energy Company Inc. v. Dane County, 2016AP2503 and 2017AP13
audio/video, WisconsinEye

Ed Fallone announces run for Wisconsin Supreme Court in 2020, by Scott Bauer, Associated Press, Wisconsin Law Journal

Wisconsin Supreme Court Debate, Marquette University Law School, WISN-TV

Annual Report 2018, Wisconsin Judicial Commission

Published Judicial Disciplinary Cases through 2018, Wisconsin Judicial Commission

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session, Action Dates 02/08/2019-04/24/2019

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 - 2018/2019 Term.

Next conferences on pending petitions for review are

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Argument for
- April 2019 (April 15-24, 2019)
Latest slip opinions

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

Thursday, March 28, 2019

Prison time without a crime

There are high social and fiscal costs to monitoring and incarcerating parolees. Wisconsin policy-makers should consider reasonable reforms from other states that have reduced the number of ex-offenders who end up back in prison, says Julie Grace at Badger Institute.

Tuesday, March 26, 2019

Institute for Legal Reform Issues Reports on Rise of Public Nuisance Lawsuits

On reports by the U.S. Chamber of Commerce's Institute for Legal Reform (ILR), Mitigating Municipality Litigation and The Misuse of Public Nuisance Actions, at Wisconsin Civil Justice Council.

Sunday, March 24, 2019

Wisconsin appellate court week March 25th-29th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

May 6th Richard Brookhiser, John Marshall: The Man Who Made the Supreme Court, presented by Milwaukee Lawyers Chapter, the Wisconsin Institute for Law & Liberty, and the National Review Institute (save the date)

June 20th Rachel Barkow of New York University School of Law, presented by 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)


Supplement to last week

Supreme Court Candidates Highlight Judicial Philosophies, Debate Other Issues, by Joe Forward, State Bar of Wisconsin, Inside Track

Elections: Who Will Represent You on the State Bar Board of Governors? Inside Track, State Bar of Wisconsin

Notice of State Bar Bylaw Amendment: Allowing Electronic Voting for Officers and Members of the State Bar Board of Governors, Inside Track, State Bar of Wisconsin

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session, Action Dates 02/08/2019-03/20/2019

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 - 2018/2019 Term.

Next conferences on pending petitions for review are

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Argument for
- March 2019 (March 18-27, 2019)
- April 2019 (April 15-24, 2019)
Latest slip opinions

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

Thursday, March 21, 2019

'Banning the box,' or boxing people out?

Fair-chance hiring policies may hurt the job-seekers they aim to help, says this Policy Brief at Badger Insitute.

Sunday, March 17, 2019

Wisconsin appellate court week March 18th-22nd 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

March 19th " The State of Wisconsin's Administrative State" Seminar presented by the Madison Lawyers Chapter of the Federalist Society, co-sponsored by the Federalist Society Regulatory Transparency Project and the WMC Foundation (details and registration)

March 20th "On the Wisconsin Department of Justice", Waukesha County Circuit Judge Brad Schimel, former Attorney General, and Misha Tseytlin of Troutman Sanders LLP, former Solicitor General, moderator Steven Biskupic of Biskupic & Jacobs S.C., former U.S. Attorney, at Westmoor Country Club in Brookfield, presented by Milwaukee Lawyers Chapter (save the date)

May 6th Richard Brookhiser, John Marshall: The Man Who Made the Supreme Court, presented by Milwaukee Lawyers Chapter, the Wisconsin Institute for Law & Liberty, and the National Review Institute (save the date)

June 20th Rachel Barkow of New York University School of Law, presented by 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)


Supplement to last week

Supreme Court Digest and Court of Appeals Digest, by Prof. Daniel D. Blinka, professor of law, and and Thomas J. Hammer, law professor and Director of Clinical Education, Marquette University Law School, Milwaukee, Wisconsin Lawyer - March 2019

Justices Rebecca Bradley, Daniel Kelly, and their Predecessors: Some Perspectives After the 2017-18 Term, by Alan Ball, Marquette University, SCOWstats

Lawyer Discipline, Office of Lawyer Regulation, Wisconsin Lawyer - March 2019

A Collaboration of Wisconsin Lawyers, for Wisconsin Lawyers, President's Message, by Christopher Earl Rogers, Habush Habush & Rottier SC, Madison, president-elect, State Bar of Wisconsin, Wisconsin Lawyer - March 2019

Telling Your Story, Your State Bar column, by Larry J. Martin, executive director, State Bar of Wisconsin, Wisconsin Lawyer - March 2019

Wisconsin Judicial Council March 15th 2019 Meeting Agenda, Wisconsin State Law Library

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session, Action Dates 02/08/2019-03/19/2019

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 - 2018/2019 Term.

Next conferences on pending petitions for review are

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Argument for
- March 2019 (March 18-27, 2019)
- April 2019 (April 15-24, 2019)
Latest slip opinions

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

Thursday, March 14, 2019

Dental Therapists: A Solution to Wisconsin's Costly Dental Access Problem?

Dental therapists could improve access, use and outcomes, while reducing economic costs associated with the dental care monopoly and unnecessary ER visits for dental treatment, say Jason Hicks and Morris M. Kleiner in this Policy Brief at Badger Insitute.

Tuesday, March 12, 2019

State high court should review legal fees case

M. Samir Siddique and John McAdams at The Capital Times on a lawsuit against the University of Wisconsin-Milwaukee by author Saddique, over the campus administration's replacement of the elected student government, including then-student Saddique, and its related imposition of disciplinary sanctions on Siddique.

"After years in court, UWM relented and absolved Siddique of misconduct. (See Milwaukee County Case No. 14-CV-10381.) Siddique had won, right?

"In 1985, the Wisconsin Legislature passed the WEAJA [Wisconsin Equal Access to Justice Act, Wis. Stat. sec. 814.245] to allow any individual, like Siddique (or any small business) wronged by government agencies, to recoup attorneys’ fees upon prevailing in a lawsuit against the agency. So Siddique sought his attorneys’ fees, citing the WEAJA. But the Circuit Court and Court of Appeals [opinion] denied his request.

"Why? Simply because there had been no final judicial order in Siddique's case. There was no final order because UWM decided to withdraw and retreat before the circuit court issued a final verdict.

"Siddique, now a third-year law student, has petitioned the Wisconsin Supreme Court to review his case in Siddique v. Board of Regents (17-AP-1443) [docket] and award legal fees."