Tuesday, September 2, 2014

FS WI law & policy review - week of August 25th (part 1)

Recent news and comment on law and policy:

Administrative Law & Regulation

Recent HIPAA breaches highlight need for providers to remain vigilant, by Douglas M. Poland and Thomas N. Shorter, Madison, and Scott J. Thill, Green Bay, Godfrey & Kahn S.C.

Wisconsin Administrative Register No. 704 [part b]; Published by the Legislative Reference Bureau; Effective Date: September 1, 2014

Corporations, Securities & Antitrust

Bias in the College Football Playoff Selection Process: If the Devil is in the Details, That's Where Salvation May Be Found, article by M. Mark Heekin and Bruce W. Burton Marquette Sports Law Review

Criminal Law & Procedure

Counsel’s failure to object to expert testimony and hearsay during TPR trial wasn’t ineffective, On Point, Wisconsin State Public Defender, on State v. Johnnie J., 2014AP144 & 2014AP145

Counsel wasn’t ineffective for failing to impeach witness with testimony from previous trial, On Point, Wisconsin State Public Defender, on State v. Gant, 2013AP1842-CR

Minor may consent to recording of conversation under § 968.31′s one-party consent rule, On Point, Wisconsin State Public Defender, on State v. Turner, 2013AP2101-CR

Police had sufficient basis to request PBT, On Point, Wisconsin State Public Defender, on State v. Carini, 2014AP526-CR

Environmental Law & Property Rights

“Undue Stimulus” and the Requirements for an Arm’s-Length Sale, by Amie B. Trupke, Stafford Rosenbaum LLP, Madison

Federalism & Separation of Powers

Obama's Enforcer: Eric Holder's Justice Department, with John Fund, National Affairs Columnist, National Review and Fox News Analyst, and Hans A. von Spakovsky, Senior Legal Fellow / Manager, Civil Justice Reform Initiative, The Heritage Foundation, Las Vegas Lawyers Chapter Event Audio/Video, Federalist Society

Financial Services & E-Commerce

Debt Collections in Wisconsin, Moen Sheehan Meyer Ltd, La Crosse

Free Speech & Election Law

7th Cir. Accidentally Releases Gov. Walker Campaign Probe Documents, by William Peacock, Seventh Circuit News and Information Blog

US attorney backs gay couples in marriage case, by Associated Press, Wisconsin Law Journal

Labor & Employment Law

The "Equal Pay Report" - Yet Another New Regulation Requiring Compliance by Federal Contractors, by Daniel A. Kaplan, Foley & Lardner LLP, Madison

Update: Watch Out for NLRB Activism, by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C., Wausau

Litigation

Advance eSheet August 18-22, 2014, Wisconsin Defense Counsel

The Facade of a Best Interest Standard: Moving Past the Presumption to Ensure Decisions are Made for the Right Reasons, by Jason J. Reed, University of Wisconsin Law School, Wisconsin Journal of Law, Gender & Society

Professional Responsibility & Legal Education

Campaign 2014: Rotary Club of Milwaukee Luncheon with District Attorney Candidate Susan Happ, Wisconsin Eye

Wisconsin Innovation Awards honor 10 winners, by Kathleen Gallagher, Milwaukee Journal Sentinel (via Marquette University Law School)

Wisconsin Lawyer Magazine Targets Bullying in Upcoming Children and the Law Issue, by Andrea Gage, public relations coordinator, State Bar of Wisconsin, Rotunda Report

Find an archive of legislative videos, by Beverly Butula, manager of library of services, Davis & Kuelthau S.C., Milwaukee, Wisconsin Law Journal

Religious Liberties

"Health insurance companies in California may not refuse to cover the cost of abortions...", by Ann Althouse, Madison