Monday, June 9, 2014

Wisconsin Federalinks Mon June 9th

Milwaukee Chapter events: June 25th Hans von Spakovsky; July 17th Jeremy Rabkin; July 24th summer reception

Recent news and comment on law and policy:

Administrative Law & Regulation

Taxation With or Without Physical Representation: Update on the Marketplace Fairness Act, by Chris A. Jenny, William R. West and Brittany L. Finlayson, von Briesen & Roper S.C., Milwaukee

CMS's Focus on DMEPOS Fraud and Abuse Risks Continues, by Brandon O. Young, Health Care Law Today blog, Foley & Lardner LLP, Milwaukee

Corporations, Securities & Antitrust

Lights On: Litigating Shareholder Disputes, by Stephan J. Nickels and Matthew R. Lynch, Foley & Lardner LLP, Madison, Wisconsin Lawyer

Criminal Law & Procedure

SCOTUS reads chemical weapons statute narrowly, avoiding constitutional issue, On Point, Wisconsin State Public Defender, on Bond v. United States, USSC No. 12-148

Federalism & Separation of Powers

Democratic AG candidates promise to keep Republicans in check, by Patrick Marley, Milwaukee Journal Sentinel. "They said they would not defend the voter ID law or a 2013 law requiring doctors who perform abortions to have admitting privileges at a hospital within 30 miles."

Federal judge overturns state's gay marriage ban; Van Hollen vows appeal, WisPolitics on Wolf v. Walker (W.D. Wis., 14CV64)

Federal judge overturns Wisconsin's gay marriage ban, by Jason Stein, Patrick Marley and Dana Ferguson, Milwaukee Journal Sentinel, on Wolf v. Walker (W.D. Wis., 14CV64)

Abortion rights activists angered by Wisconsin assistant attorney general's question, by Jessica VanEgeren, The Capital Times (via The Wheeler Report)

Pro-life advocate Vincent Rue assists state in Wisconsin abortion law defense: Activist recruits expert witnesses, helps prepare testimony, by Judith Davidoff, Isthmus (via The Wheeler Report)

Free Speech & Election Law

Candidates could operate secret committees under John Doe ruling, elections head warns, by Mary Spicuzza, The Journal Times, Racine (via WisPolitics)

Legal price tag for officials sued in John Doe probe nears $300,000, by Jason Stein, Milwaukee Journal Sentinel

New filings detail reasons for John Doe investigation’s secrecy by, Scott Bauer, Associated Press, Wisconsin Law Journal

All Doe all the time, part II, by Rick Esenberg, Shark and Shepherd

International & National Security Law

No Claims in the US for International Flight Delays Without Breach of Contract, by Anna Kazaz, SmithAmundsen LLC, Chicago, DRI Featured Article

Labor & Employment Law

Kenosha School District CBA Declared Void, by C. J. Szafir, Wisconsin Institute for Law & Liberty, Milwaukee, on Lacroix v. Kenosha School District, Kenosha County Circuit Court, No. 13CV1889

Litigation

Restatement of Intentional Torts: Transferred Intent, by Christopher J. Robinette, TortsProf Blog

Advance eSheet May 26-30, 2014, Wisconsin Defense Counsel

Professional Responsibility & Legal Education

State Supreme Court justice seeks review of attorney discipline system, by Bruce Vielmetti and Cary Spivak, Milwaukee Journal Sentinel

Abrahamson and Prosser sound off in Friday opinions, by Eric Heisig, Court Gestures, Wisconsin Law Journal

Ken Kratz Law License Suspended, WBAY, Green Bay, on Office of Lawyer Regulation v. Kenneth R. Kratz, 2014 WI 31 (2011AP2758-D) (via WisPolitics)