Thursday, July 3, 2014

Wisconsin Federalinks Thur July 3rd

Milwaukee Chapter events: July 17th Jeremy Rabkin; July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

Brushing Up On Fireworks Law in Wisconsin, by Joe Forward, State Bar of Wisconsin, Inside Track

2013 Insurance Complaints and Administrative Actions, Wisconsin Office of the Commissioner of Insurance

No More Marijuana Taxes! by Amy E. Wesner, The Blue Ink, Ruder Ware L.L.S.C., Wausau

Corporations, Securities & Antitrust

The Sports Broadcasting Act of 1961: A Comparative Analysis of its Effects on Competitive Balance in the NFL and NCAA Division I FBS Football, by Matt Mitten, Marquette University - Law School, and Aaron Hernandez, Marquette University, Ohio North University Law Review, Forthcoming, Marquette Law School Legal Studies Paper No. 14-22, Social Science Research Network

Criminal Law & Procedure

Failure to preserve evidence rule from Youngblood applies even though defendant wasn’t notified of right to test evidence before it was destroyed, On Point, Wisconsin State Public Defender, and
Court upholds driving conviction, despite blood sample's destruction before charges filed, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel,
on State v. Weissinger, 2013AP218-CR

US Supreme Court Review: Crime and Causation, by Michael M. O'Hear, Marquette University Law School Faculty Blog, on Burrage v. United States, 134 S. Ct. 881, and Paroline v. United States, 134 S. Ct. 1710

Cedarburg man wins back money seized from RV years ago in Nebraska, by Bruce Vielmetti, Milwaukee Journal Sentinel

Environmental Law & Property Rights

U.S. Supreme Court Decision - EPA Loses the Battle, But Wins the War, Hamilton Consulting Group, Madison

Federalism & Separation of Powers

Sykes, Hamilton Give Insights on Theories of Interpretation, Disclose Philosophies, WisBar News

Experts: Ruling tees up gay marriage for top court, by Nicholas Riccardi and Brady McCombs, Associated Press, Wisconsin Law Journal

U.S. Supreme Court Strikes Down Recess Appointments to NLRB in Noel Canning Case, by Robert W. Mulcahy, Jose A. Olivieri, and Carlos R. Pastrana-Torres, Michael Best & Friedrich LLP, Milwaukee

Robert Woodson: Milwaukee Key to New U.S. Approach to Poverty, WPRI Commentary

Textualism and the Bill of Rights, by Nadine Strossen, Harvard Journal of Law & Public Policy, Volume 37 – Issue 3, based on remarks at the The Federalist Society National Lawyers’ Convention—2013

Little-Known Facts About The Founding Fathers, The Onion

Financial Services & E-Commerce

‘Setback’ for archdiocese in Chapter 11, by Brian T. Olszewski, Milwaukee Catholic Herald

Protecting Your and Your Loved One’s Credit, by Donald J. Murn and Katie Shaw, Axley Brynelson LLP, Madison

A Conversation with SEC Commissioners Daniel Gallagher and Paul Atkins, Practice Group Podcast, Federalist Society

Free Speech & Election Law

Prosecutors want more time on John Doe filings, by Associated Press, Wisconsin Law Journal

Prosecutor: No conclusion on Walker’s activity, by Scott Bauer, Associated Press, Wisconsin Law Journal

Intellectual Property

Sherlock Holmes and the Adventure of Copyright Protection, by Gabriella Khorasanee, 7th Circuit News and Information Blog, on Klinger v. Conan Doyle Estate, Ltd.

Indigenous Peoples' Rights At The Intersection of Human Rights And Intellectual Property Rights, article by Chidi Oguamanam, Marquette Intellectual Property Law Review, Volume 18, Issue 2

Labor & Employment Law

New Regulations Allow Orientation Period Prior to to ACA's Maximum Waiting Period Before Mandatory Health Plan Coverage, by Alan M. Levy, Lindner & Marsack S.C., Milwaukee

FMLA: 'Spouse' Definition Expanded to Include Out-of-State Same-Sex Marriages Under Proposed DOL Rule, by Geoffrey S. Trotier, von Briesen & Roper S.C., Milwaukee

The Role of Confidentiality Agreements in a Corporate Compliance Program, by John H. Fisher, II, The Blue Ink, Ruder Ware L.L.S.C., Wausau


"The number of medical malpractice lawsuits filed in Wisconsin fell to 140 last year, a drop of more than 50% since 1999." by Ann Althouse

Professional Responsibility & Legal Education

New fee for admission pro hac vice, Wisconsin Court System

Veterans Law Center receives state bar's pro bono award, UW Law School News

New features on Congress.Gov, by Kris Turner, WisBlawg

Educating for Health Advocacy in Settings of Higher Learning, by Marsha Hurst, University of Wisconsin - Madison, Martha Gaines, University of Wisconsin - Madison, Rachel Grob, University of Wisconsin - Madison, Laura Weil, Independent, and Sarah Davis, Independent, Settings of Higher Learning in Patient Advocacy for Health Care Quality, 2008: Jones & Bartlett Learning, Burlington, MA. Reprinted with permission. Univ. of Wisconsin Legal Studies Research Paper No. 1268, Social Sciences Research Network

The Proper Pronunciation of Certiorari: The Supreme Court’s Surprising Six-Way Split, by James J. Duane. 17 Green Bag 2d