Tuesday, July 29, 2014

Wisconsin Federalinks Tues July 29th 2014

Milwaukee Chapter events: August 19th F.H. Buckley;

Recent news and comment on law and policy:

Criminal Law & Procedure

SCOW: Violation of right to public trial is forfeited if defendant doesn’t object, On Point, Wisconsin State Public Defender, on State v. Pinno and State v. Seaton, 2014 WI 74 (2011AP2424-CR and 2012AP918-CR)

Wisconsin Supreme Court reverses rape ruling, by Associated Press, Wisconsin Law Journal, and
SCOW: Circuit court properly excluded evidence of prior sexual activity under rape shield law, On Point, Wisconsin State Public Defender,
on State v. Sarfraz, 2014 WI 78 (2012AP337-CR)

Court of appeals holds evidence supports instructions and conviction on lesser-included offense of 1st-degree reckless homicide, On Point, Wisconsin State Public Defender, on State v. Patterson, 2013AP749-CR

Counsel wasn’t ineffective for following client’s decision to proceed to trial instead of seeking adjournment, On Point, Wisconsin State Public Defender, on State v. James, 2013AP2409-CR

Legislative Council Study Meeting on Problem-Solving Courts, Alternatives and Diversions, Wisconsin Eye video

Remorse, Cooperation, and 'Acceptance of Responsibility': The Structure, Implementation, and Reform of Section 3E1.1 of the Federal Sentencing Guidelines, by Michael M. O'Hear, Marquette University - Law School; Independent; Northwestern University Law Review, Vol. 91, No. 4, 1997, Marquette Law School Legal Studies Paper No. 14-24

Federalism & Separation of Powers

A big defeat for Obamacare in the D.C. Court of Appeals, and
The other Obamacare lawsuit: "A federal judge threw out a lawsuit Monday brought by U.S. Sen. Ron Johnson..., by Ann Althouse, Madison

Tejani on Torts & Federalism, by Christopher J. Robinette, TortsProf Blog

Labor & Employment Law

Proposed Amendment to FMLA Regulations Extends Rights to Legally Married Same Sex Couples, Regardless of State of Residence, Reinhart Boerner Van Deuren s.c., Milwaukee

Wisconsin Employers Should Monitor State Minimum Wage Debate, by J. Wesley Webendorfer, DeWitt Ross & Stevens S.C., Madison

Litigation

7th Circuit: ‘Common Damage’ Not Required for Class Certification, by Gerald Maatman Jr. and Jennifer Riley, Seyfarth Shaw LLP, Chicago, Risk Monitor

Comments on 'The Implications of Rule 26(g) on the Use of Technology-Assisted Review, by Maura R. Grossman and Gordon V. Cormack, Federal Courts Law Review

Professional Responsibility & Legal Education

Law Firm Boot Camp: Hanging Out Your Own Shingle, by Thomas J. Watson, Wisconsin Lawyers Mutual Insurance Co., Madison, Wisconsin Lawyer

Sue, and lose a client, LawBiz Coaches Corner column by Ed Poll, Wisconsin Law Journal

UW law student Lola Bovell wins Ms. JD fellowship, University of Wisconsin Law School

Wisconsin Defense Counsel Summer Conference, July 31st-August 1st, La Crosse