Tuesday, July 8, 2014

Wisconsin Federalinks Tues July 8th

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

IRS releases Form 1023-EZ – Streamlined Application for Recognition of Exemption Under Section 501(c)(3), by Christopher Schmidt, Boardman & Clark LLP, Madison

Corporations, Securities & Antitrust

A Review of Recent Whistleblower Developments, by Pam L. Johnston, Los Angeles, Bryan B. House, Milwaukee, and Courtney Worcester, Boston, Foley & Lardner LLP

Criminal Law & Procedure

No Due Process Violation Despite Destruction of Blood Sample, Court Says, WisBar News, on State v. Weissinger, 2013AP218-CR

Mother’s no-contest plea in TPR was knowing and voluntary, On Point, Wisconsin State Public Defender, on State v. Connie P., 2013AP2854

US Supreme Court Review: Should the Court Care How Effective a Statute Is? by Michael M. O'Hear, Marquette University Law School Faculty Blog

Managing Prisons by the Numbers: Using the Good-Time Laws and Risk-Needs Assessments to Manage the Federal Prison Population, by Paul J. Larkin, Jr., Harvard Journal of Law & Public Policy: Federalist

Environmental Law & Property Rights

Supreme Court Rules on Greenhouse Gases, with Robert R. Gasaway, Practice Group Podcast, Federalist Society

Looking for a New Space to Call Home for Your Business? Three Common Types of Commercial Leases – Their Pros and Cons, by Brittany L. Finlayson, von Briesen & Roper S.C., Milwaukee

Federalism & Separation of Powers

Ron Johnson's Obamacare lawsuit gets hearing in Green Bay, By Patrick Marley, Milwaukee Journal Sentinel (via Wisconsin Institute for Law & Liberty)

Letter from Seth Barrett Tillman to Professor Anonymous, The Quorum Clause, by Seth Barrett Tillman, National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law, Social Science Research Network

Financial Services & E-Commerce

Gross Negligence in Wisconsin Loan Documents, by John M. Murphy, Milwaukee, Nathan J. Wautier and Joseph D. Shumow, Madison, Reinhart Boerner Van Deuren S.C.

Wisconsin Trust Code, by Gardner Govan and Shannon L. Brusda, Godfrey & Kahn, S.C., Milwaukee

Free Speech & Election Law

Madison ceases enforcement of buffer zone because of U.S. Supreme Court ruling, by Joe Tarr, Isthmus (via Badger Catholic)

Intellectual Property

After the Supreme Court's Limelight Decision, Attention May Shift to Contract Analysis in Patent Cases, by Jean-Paul Ciardullo, Los Angeles, and Cynthia J. Rigsby, Milwaukee, Foley & Lardner LLP

Labor & Employment Law

DOL Proposes to Change Definition of “Spouse” under FMLA, Melli Law S.C., Madison

Union dues ruling bodes well for Wisconsin’s Act 10, experts say, by M.D. Kittle, Wisconsin Reporter, on Harris v. Quinn, USSC 11-681

Litigation

Articles from Perspectives on Mass Tort Litigation, Part II, by Christopher J. Robinette, TortsProf Blog

Professional Responsibility & Legal Education

Grafton lawyer in prison can practice law 8 months after release, by Cary Spivak, Watchdog Online, Milwaukee Journal Sentinel, on Office of Lawyer Regulation v. Kranitz, 2014 WI 47 (2013AP2128-D)

Former court commissioner's law license suspended 60 days, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel, on Office of Lawyer Regulation v. McKinley, 2014 WI 48 (2013AP2685-D)

Five Things Solo and Small Firm Lawyers Should Do Before Taking Down Their Shingles, by Aviva Meridian Kaiser, assistant ethics counsel, State Bar of Wisconsin, Inside Track

Religious Liberties

Supreme Court Rules that Closely Held, For-Profit Corporations Can Opt Out of Certain Contraceptive Coverage Requirements for Employees, by Charles P. Stevens and Kirk A. Pelikan, Michael Best & Friedrich LLP, Milwaukee

Legal experts say doors open for corporations to discriminate, by Bob McGovern, Boston Herald (via Marquette Law School News)

The difference between requiring a business to cover contraceptives for employees and barring it from committing acts of racial discrimination, by Ann Althouse, Madison

What Hobby Lobby Means, by Robert P. George, First Things (via Badger Catholic)