Thursday, July 17, 2014

Wisconsin Federalinks Thur July 17th

Milwaukee Chapter events: Today Jeremy Rabkin (more); July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

Wisconsin elections board can keep records secret, by Associated Press, Wisconsin Law Journal, and
AG opinion means accountability board’s John Doe secrets are safe — for now, by M.D. Kittle, Wisconsin Reporter,
on Access to Investigative Records of the Government Accountability Board (OAG-03-14)

July 24, 2014 Meeting, Legislative Council Study Committee on the Review of Wisconsin Technical College System Funding and Governance

Criminal Law & Procedure

SCOW: State can’t use defendant’s incriminating statements made as part of on-going, State-initiated, plea negotiations, On Point, Wisconsin State Public Defender, on State v. Myrick, 2014 WI 55 (2012AP2513-CR)

Supreme Court Upholds New Law: Hearsay Okay at Preliminary Hearings, by Joe Forward, WisBar News, on State v. O’Brien, 2014 WI 54 (2012AP1769-CR, 2012AP1770-CR, and 2012AP1863-CR) and 2011 Wisconsin Act 285

On Cruelty, by Judith Butler, review of The Death Penalty: Vol. I, by Jacques Derrida, translated by Peggy Kamuf, London Review of Books

Environmental Law & Property Rights

Chicken Restaurant Case Serves Up A Bucket of Sound Contract Principles for Commercial Leases, by Chris A. Jenny, Madison, William R. West, Milwaukee, and Megan L.W. Jerabek, Madison, von Briesen & Roper S.C., on Tufail v. Midwest Hospitality LLC, 2013 WI 62 (2011AP1451)

Changes in Property Condition Reports and Vacant Land Disclosure Reports, by Nancy Leary Haggerty, Michael Best & Friedrich LLP, Milwaukee

Wisconsin court: Hunters can train dogs on wolves, by Todd Richmond, Associated Press, Wisconsin Law Journal, on Wisconsin Federated Humane Societies Inc. v. Stepp, 2013AP902

Federalism & Separation of Powers

Wisconsin appeals ruling allowing gay marriages, by Scott Bauer, Associated Press, Wisconsin Law Journal

It's Not a Federal Question: 7th Circuit Sends Case Involving Affordable Care Act Funds Back to State Court, by Eric G. Pearson, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee

Financial Services & E-Commerce

Financial Institutions Should Tread Cautiously — Whistleblower Protections Remain Plentiful and Strong, by James Kaplan, Chicago, and Judith Williams-Killackey, Milwaukee, Quarles & Brady LLP

Free Speech & Election Law

More John Doe Docs Released, Blagojovich's Appeal and Wheaton College, by Gabriella Khorasanee, 7th Circuit News and Information Blog

Intellectual Property

Patent Club Convergence Among Nations, article by Daniel Benoliel, Marquette Intellectual Property Law Review

Labor & Employment Law

US Supreme Court Review: Lane v. Franks, by Paul M. Secunda, Marquette University Law School Faculty Blog

Supreme Court Rejects "Presumption of Prudence" in Employer Stock Drop Cases, by Todd G. Smith, Godfrey & Kahn S.C., Madison, on Fifth Third Bancorp v. Dudenhoeffer (USSC 12-751)

U.S. Department of Labor Proposes Extending FMLA Benefits to Same-Sex Partners, by Colin Good, Hawks Quindel S.C., Madison

Religious Liberties

As a Practical Matter, What Does the Supreme Court’s Decision in the Hobby Lobby Case Mean to You? More Likely Than Not, Not Much, by Michael Mishlove, Gonzalez Saggio & Harlan LLP, Milwaukee

Telecommunications & Electronic Media

Technology at the Court: Riley and Aereo, by Joel Graczyk, Marquette University Law School Faculty Blog