Sunday, April 23, 2017

Peter Kirsanow 'The Status and Future of Religious Liberty in the United States' May 4, 2017

Commissioner Peter Kirsanow of the United States Commission on Civil Rights will speak on 'The Status and Future of Religious Liberty in the United States' at a Noon luncheon Thursday, May 4, 2017, at the Milwaukee Athletic Club, 758 North Broadway. He has been a frequent contributor to Federalist Society publications.

The cost to attend, for those who reserve by Thursday, April 27, 2017, is $20 ($15 for students, teachers, judges and other government employees, clergy, and employees of nonprofits). After that date the cost to attend is $25. Reservations may be made in any of the following ways:

  • Visit EventBrite and make your reservation with credit card payment.
  • E-mail with payment at the door.
Seating is limited. Refunds cannot be given to those who reserve but do not attend.

Presented by the Milwaukee Lawyers Chapter.

Wisconsin appellate court week April 24th-28th 2017

Strange Bedfellows in 4-3 Decisions at the Wisconsin Supreme Court, by Alan Ball, SCOWstats

Supreme Court Dismisses Retired Judges’ Petition on Recusal, Campaign Contributions, by Joe Forward, WisBar News



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints have no argument scheduled.

The next conference on pending petitions for review is May 15th.

Here are links to final Orders on Supreme Court Rules petitions.

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

The Court of Appeals has oral argument scheduled for April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Commission latest Annual Report 2015 Calendar Year



Wisconsin Judicial Council:
  • next meeting May 19th;
  • latest posted agenda for meeting April 21st, with notice of meetings of the Appellate Procedure Committee and Evidence & Civil Procedure Committee that day, and Criminal Procedure Committee May 9th
  • latest posted minutes for meeting March 17th;
  • latest Projects Update - March 2017.

Sunday, April 16, 2017

Wisconsin appellate court week April 17th-21st 2017

Wisconsin Supreme Court accepts four new cases, Wisconsin Court System

Wisconsin Supreme Court Statistics, 1988-1989, by Alan Ball, SCOWstats

Wisconsin Supreme Court selects Chief Justice Patience Drake Roggensack to continue as Chief, Wisconsin Court System



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument April 19th. (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;)

The next conference on pending petitions for review is May 15th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference April 20th. (see Agenda; a link to live streaming audio of rule hearings and conferences is available;)

The Court of Appeals has oral argument scheduled for April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Commission latest Annual Report 2015 Calendar Year



Wisconsin Judicial Council:
  • next meeting April 21st;
  • latest posted agenda for meeting April 21st, with notice of meetings of the Appellate Procedure Committee and Evidence & Civil Procedure Committee that day, and Criminal Procedure Committee May 9th
  • latest posted minutes for meeting February 17th;
  • latest Projects Update - March 2017.

Sunday, April 9, 2017

Wisconsin appellate court week April 10th-14th 2017

Ziegler unopposed for 10-year Supreme Court term, by Associated Press, Wisconsin Law Journal



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument April 12th and 19th. (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;)

The next conference on pending petitions for review is April 10th, followed by May 15th.

Here are links to final Orders on Supreme Court Rules petitions.

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

The Court of Appeals has oral argument scheduled for April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Commission latest Annual Report 2015 Calendar Year



Wisconsin Judicial Council:
  • next meeting April 21st;
  • latest posted agenda for meeting March 17th, with notice of meetings of the Appellate Procedure Committee March 17th, Evidence & Civil Procedure Committee March 28th, and Criminal Procedure Committee April 21st
  • latest posted minutes for meeting February 17th;
  • latest Projects Update - March 2017.

Sunday, April 2, 2017

Wisconsin appellate court week April 3rd-7th 2017

Remarks by Patience Drake Roggensac, Chief Justice, Wisconsin Supreme Court, before the Joint Committee on Finance, Wisconsin Court System

Is Stare Decisis Dead? by Alan Ball, SCOWstats

Wisconsin chief justice asks lawmakers to preserve Judicial Commission's independence, by Jessie Opoien, The Capital Times

Winter/Spring 2017 issue of The Third Branch, , Wisconsin Court System



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument April 12th and 19th.

The next conference on pending petitions for review is April 10th.

Here are links to final Orders on Supreme Court Rules petitions.

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

The Court of Appeals has oral argument scheduled for April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Commission latest Annual Report 2015 Calendar Year



Wisconsin Judicial Council:
  • next meeting April 21st;
  • latest posted agenda for meeting March 17th, with notice of meetings of the Appellate Procedure Committee March 17th, Evidence & Civil Procedure Committee March 28th, and Criminal Procedure Committee April 21st
  • latest posted minutes for meeting February 17th;
  • latest Projects Update - March 2017.

Monday, March 27, 2017

Happy Hour, County Clare, March 29, 2017

Our next happy hour event this Wednesday, March 29th from 5:30 to 8:00 p.m. at County Clare Irish Inn & Pub. Our special guest will be Judge Brian Hagedorn of the Wisconsin Court of Appeals - District II. No "RSVP" required.

Sunday, March 26, 2017

Wisconsin appellate court week March 27th-31st 2017

Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument April 12th and 19th.

The next conference on pending petitions for review is April 10th.

Here are links to final Orders on Supreme Court Rules petitions.

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

The Court of Appeals has oral argument scheduled for March 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:
  • latest Projects Update - March 2017.
  • next meeting April 21st;
  • latest posted agenda for meeting March 17th, with notice of meetings of the Appellate Procedure Committee March 17th, Evidence & Civil Procedure Committee March 28th, and Criminal Procedure Committee April 21st
  • latest posted minutes for meeting January 20th;

Sunday, March 19, 2017

Wisconsin appellate court week March 20th-24th 2017

Supreme Court Digest, by Prof. Daniel Blinka and Prof. Thomas Hammer, Marquette University Law School, Wisconsin Lawyer - March 2017

Court of Appeals Digest, by Prof. Daniel Blinka and Prof. Thomas Hammer, Marquette University Law School, Wisconsin Lawyer - March 2017

Lawyer Discipline, Office of Lawyer Regulation, Wisconsin Lawyer - March 2017

Judicial recusal proposal bumped off agenda, by Erika Strebel, Wisconsin Law Journal



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument April 12th and 19th. )

The next conference on pending petitions for review is April 10th.

Here are links to final Orders on Supreme Court Rules petitions.

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

The Court of Appeals has oral argument scheduled for March 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:
  • next meeting April 21st;
  • latest posted agenda for meeting March 17th, with notice of meetings of the Appellate Procedure Committee March 17th, Evidence & Civil Procedure Committee March 28th, and Criminal Procedure Committee April 21st
  • latest posted minutes for meeting January 20th;
  • latest Projects Update - January 2015.

Wednesday, March 15, 2017

Trump's Safe and Sane 'Regulatory Reform' Idea

Cass R. Sunstein at BloombergView,
"Because the White House itself lacks the capacity to scrutinize the stock of existing regulations, the Trump administration was smart to call for task forces within each agency to do that -- and to require them to engage with the public to see which regulations are really causing trouble.

"In addition, Trump’s emphasis on cost-benefit analysis is both welcome and hugely important. Some regulations impose significant costs, and the private sector really doesn’t like them. But they also create significant benefits, by helping consumers save money, preventing illness and saving lives. It would be a mistake, and it could be a tragedy, to repeal them."

(via Althouse)

Sunday, March 12, 2017

Wisconsin appellate court week March 13th-17th 2017

Wisconsin Supreme Court accepts 12 new cases, Wisconsin Court System

High court to discuss judicial recusal proposal, by Associated Press, at Wisconsin Law Journal

“Tough Talk and the Institutional Legitimacy of Our Courts”, by Wisconsin Supreme Court Chief Justice Patience Drake Roggensack, 2017 E. Harold Hallows Lecture at Marquette University Law School, video

Attorney-Discipline Cases, 2014-15 and 2015-16, by Alan Ball, SCOWstats



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument March 15th (see Synopses; a link to live streaming audio of oral arguments is available; ) and April 12th and 19th.

The next conference on pending petitions for review is March 13th, followed by April 12th.

Here are links to final Orders on Supreme Court Rules petitions.

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

The Court of Appeals has oral argument scheduled for March 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:
  • next meeting March 17th;
  • latest posted agenda for meeting March 17th, with notice of meetings of the Appellate Procedure Committee March 17th, Evidence & Civil Procedure Committee March 28th, and Criminal Procedure Committee April 21st
  • latest posted minutes for meeting January 20th;
  • latest Projects Update - January 2015.

The Right to Assisted Suicide and Euthanasia, by Neil M. Gorsuch

at Harvard Journal of Law & Public Policy, Vol. 23, p. 599 (Summer 2000)

Judge Gorsuch was then a partner in Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, DC.

Friday, March 10, 2017

March 13th, Wisconsin Constitution Day?

"When voters rejected the first draft (1846) of the Wisconsin constitution, a second constitutional convention was called in 1847. This produced a less controversial document that was approved on Feb. 1, 1848, adopted by voters on March 13, 1848, and is still, with amendments, the basic law of the land in Wisconsin.

"As soon as it was approved by the delegates, newspaper publishers rushed copies into print so voters could evaluate it. The first printing appears to have been in the Potosi Republican on Feb. 10, 1848; Madison printers H.A. Tenney and Beriah Brown issued it in pamphlet form about the same time. We give here a color facsimile of the Beriah Brown edition, which accurately reflects the document that voters endorsed and the U.S. Congress approved when it made Wisconsin a state on May, 29, 1848"

at Wisconsin Historical Society

Thursday, March 9, 2017

Karin Agness, 'The Women’s March, Feminism, and Conservatism' March 20th 2017

Karin Agness, founder and president of the Network of Enlightened Women (NeW) will speak on 'The Women’s March, Feminism, and Conservatism' at a Noon luncheon Monday, March 20, 2017 at the Milwaukee Athletic Club, 758 North Broadway.

The cost to attend, for those who reserve by March 13th, is $20 ($15 for students, teachers, judges and other government employees, clergy, and employees of nonprofits). After March 13th the cost to attend is $25. Reservations may be made in any of the following ways:

  • Visit EventBrite and make your reservation with credit card payment.
  • E-mail with payment at the door.
Seating is limited. After that date, the cost is $25. Refunds cannot be given to those who reserve but do not attend.

Presented by the Milwaukee Lawyers Chapter.

Monday, March 6, 2017

Wisconsin appellate court week March 6th-10th 2017

Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument March 15th.

The next conference on pending petitions for review is March 13th.

Here are links to final Orders on Supreme Court Rules petitions.

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

The Court of Appeals has oral argument scheduled for March 8th, 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:

Thursday, March 2, 2017

National Student Symposium 2017 @Twitter usernames and hashtags

If you follow #FedSocEvents you know @ColumbiaLaw hosts this year's National Student Symposium March 3rd-4th. Here's a summary schedule with presenters.


Panel 1: Privacy and Freedom of the Press

@RichardAEpstein @nyulaw
@irina_manta @Hofstra_Law
@JameelJaffer @Columbia
@SteveCollNY @columbiajourn
Judge Reena Raggi (2nd Cir)


Panel 2: Campaign Finance and Free Speech

Prof Brad Smith @CapitalLaw
Prof Richard Pildes @nyulaw
@joldmcginn @NorthwesternLaw
Ciara Torres-Spelliscy @BrennanCenter
Judge Richard J. Sullivan (SDNY)


Debate: ABA Model Rule 8.4

Eugene Volokh @UCLA_Law
Robert N. Weiner @apks_law
Judge Lavenski Smith (8th Cir)


Panel 3: Religious Liberty after the USCCR Report

Prof Bill Marshall @unc_law
Prof Michael Paulsen @USTLawMN
@Marci_Hamilton @CardozoLaw
Prof Douglas Laycock @UVALaw
Judge William H. Pryor Jr (11th Cir)


Panel 4: Universities and the First Amendment

Prof Robert Post @YaleLawSch
Prof Phillip Hamburger @ColumbiaLaw
Prof Suzanne Goldberg @ColumbiaLaw
Prof Michael McConnell @StanfordLaw
Judge Thomas Hardiman (3rd Cir)


Banquet Dinner

@RichardAEpstein @nyulaw

Sunday, February 26, 2017

Wisconsin appellate court week February 27th-March 3rd 2017

Wisconsin Supreme Court Statistics, 1989-1990, by Alan Ball, SCOWstats



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument February 28th (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and March 15th.

The next conference on pending petitions for review is March 13th.

Here are links to final Orders on Supreme Court Rules petitions.

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

The Court of Appeals has oral argument scheduled for March 8th, 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:

Thursday, February 23, 2017

Woe, Nelly: Ed Garvey R.I.P.

'Ed Garvey, labor lawyer and progressive firebrand, has died' Dave Zwiefel reported yesterday at The Capital Times.

Here's our post quoting from his comments at 'Fighting Bob' on the occasion of Elena Kagan's nomination to the U.S. Supreme Court.

Monday, February 20, 2017

Wisconsin appellate court week February 20th-24th 2017

Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument February 28th (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and March 15th.

The next conference on pending petitions for review is March 13th.

Here are links to final Orders on Supreme Court Rules petitions.

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

The Court of Appeals has oral argument scheduled for March 8th, 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:

Sunday, February 12, 2017

Wisconsin appellate court week February 13th-17th 2017

Supreme Court Digest, and Court of Appeals Digest, by Profs. Daniel D. Blinka and Thomas J. Hammer, Marquette University Law School, Wisconsin Lawyer, February 2017

State Bar President Urges Governor to Boost Funding for the Judicial System, by Brittney Weiland, Rotunda Report

Some Thoughts on the Supreme Court’s 2016-17 Docket, by Alan Ball, SCOWstats

Gov. Scott Walker wants Wisconsin's independent judicial watchdog under Supreme Court, by Jason Stein and Patrick Marley, Milwaukee Journal Sentinel



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument February 15th, 17th and 28th (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and March 15th.

The next conference on pending petitions for review is February 13th, followed by March 13th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference February 16th. (see Agenda; a link to live streaming audio of rule hearings and conferences is available; WisconsinEye has tentatively scheduled video coverage;)

The Court of Appeals has oral argument scheduled for March 8th, 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track



Wisconsin Judicial Council:

Wednesday, February 8, 2017

International Law in the Trump Era: Expectations, Hopes, and Fears

Video and audio from this recent national Federalist Society event:

Applying the U.S. Constitution to Foreign Asylum Seekers:

'Exposing a Curious, Inconsistent Practice in the Federal Courts', by Shalini Bhargava Ray, at Marquette Law Review.
[Abstract] "Asylum law is based on an international treaty, but federal courts routinely invoke U.S. constitutional norms in adjudicating asylum claims. Specifically, they rely on constitutional norms when gauging whether an asylum applicant has suffered harm amounting to 'persecution' and whether the harm was inflicted “on account of” a protected characteristic, such as political opinion or religion. In a close analysis of this unusual practice, this Article argues that federal courts have come to inconsistent, and often incompatible, conclusions regarding the use of constitutional norms in the analysis of asylum claims: principally, on whether constitutional norms establish sufficient, insufficient, necessary, or unnecessary conditions for qualifying for asylum. In addition to exposing these inconsistencies, this Article offers insights into improving the current practice of using constitutional norms in deciding asylum cases. Ultimately, this Article seeks to start a larger discussion of the diverse roles of constitutional law in asylum law and of the relationship between U.S. constitutional law and international human rights law—what it is and what it should be."

Sunday, February 5, 2017

Wisconsin appellate court week Feb 6th-10th 2017

Parole Commission chair resigns to work for chief justice, by Associated Press, Wisconsin Law Journal

Judge fights sanction by victims rights board, by Bruce Vielmetti, Milwaukee Journal Sentinel

Monthly Argument Calendar: For the Session Beginning March 20, 2017, Supreme Court of the United States, includes Murr v. Wisconsin



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument February 15th, 17th and 28th (see Synopses;) and March 15th.

The next conference on pending petitions for review is February 13th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference February 16th. (see Agenda;)

The Court of Appeals has oral argument scheduled for March 8th, 20th, and 28th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track



Wisconsin Judicial Council:

Whose rules, whose laws

Review of Law Professors: Three Centuries of Shaping American Law, by Stephen B. Presser, at The Economist.
"The notion of the court as a mechanism for going beyond statutes and past decisions to define justice opened up a wide field of study in the latter half of the 20th century. Among the many professors to shape the judicial system during that time were Ronald Dworkin, a professor at New York University and Oxford, who argued that law must be debated on the basis of moral concepts rather than rules; Richard Posner, a senior lecturer at the University of Chicago and a federal judge, who has been called the single most cited legal authority largely because of his development of cost-benefit analysis; and, conversely, Cass Sunstein, also of Chicago, then Harvard, then the Obama administration, who concluded that the failure of people to act rationally justifies judicial and governmental intervention.
...
"The great figure who opposed this approach was Antonin Scalia, who left the Chicago faculty to be a federal appeals court judge then a Supreme Court justice, and whose death almost exactly a year ago created the current opening.

"As Mr Presser writes, Scalia believed the law and constitution should be followed by interpreting both as they were understood at the time they were enacted rather than stretched by unelected judges, since original intent was the best means of implementing the will of the people. Change should come through popular votes and the laws enacted by elected legislators. This approach, more than any particular issue, is a fundamental challenge to an expansive court, presidency and even, perhaps, to the aristocratic position that de Tocqueville discerned in the law."