Monday, July 21, 2014

Wisconsin Federalinks Mon July 21st 2014

Sorry for the delay in publishing this issue. -ed.

Milwaukee Chapter events: July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

WEDC Moratorium on Historic Preservation Tax Credit Program Partially Lifted, by Richard W. Donner, Milwaukee, and Joseph D. Shumow, Madison, Reinhart Boerner Van Deuren S.C.

Look to regulatory, not antitrust, solution for college sports, by Matthew Mitten, Marquette University, and Stephen Ross, Penn State University, Sports Business Daily (via Marquette Law School News)

Civil Rights

Protecting Transgender Students: Application of Title IX to Gender Identity or Expression and the Constitutional Right to Gender Autonomy, by Dr. Jillian T. Weiss, Professor of Law and Society, Ramapo College of New Jersey, Wisconsin Journal of Law, Gender & Society

Criminal Law & Procedure

Wisconsin Supreme Court Upholds Reversal of Murder Conviction, by Joe Forward, WisBar News, on State v. Myrick, 2014 WI 55 (2012AP2513-CR)

SCOW uses “harmless error” to dodge further anaylsis of statute barring use of PBT tests in OWI-related trials, On Point, Wisconsin State Public Defender, on State v. Rocha-Mayo, 2014 WI 57 (2011AP2548-CR)

SCOW: Penalty provisions covering OWI 7th and above require imposition of a bifurcated sentence, On Point, Wisconsin State Public Defender, on State v. Williams, 2014 WI 64 (2011AP2868-CR)

Environmental Law & Property Rights

Does the U.S. Supreme Court Decision Limiting EPA’s Greenhouse Gas Authority Reopen the Door to Federal Common Law Litigation? by Cynthia Stroman, DRI Blog

Federalism & Separation of Powers

Court to hear gay marriage arguments Aug. 13, by Associated Press, Wisconsin Law Journal

Indian Nations Law Update - July 2014, by Brian L. Pierson, Godfrey & Kahn S.C., Milwaukee

Financial Services & E-Commerce

The Volcker Rule – The Conformance Period is Approaching, by Michelle L. Dama and Joseph D. Brydges, Michael Best & Friedrich LLP, Madison

The Conundrum of Long-Term Care Insurance, by John Bannen, Quarles & Brady LLP, Milwaukee

New Wisconsin Trust Code Now in Effect, Melli Law S.C, Madison

Intellectual Property

Wisconsin Assembly Approves Patent Troll Bill, Boyle Frederickson S.C., Milwaukee

Labor & Employment Law

OSHA Is Knocking At My Door...What Do I Do? by Geoffrey S. Trotier, von Briesen & Roper S.C., Milwaukee

Litigation

Advance eSheet July 7-11, 2014, Wisconsin Defense Counsel

Professional Responsibility & Legal Education

Not so fast, SCOTUS, Wisconsin Law Journal, on SCOTUS Servo

Religious Liberties

More misinformation on Hobby Lobby, by Rick Esenberg, Shark and Shepherd, Milwaukee