Wednesday, September 3, 2014

FS WI law & policy review - week of August 25th (part 2)

Recent news and comment on law and policy:

Civil Rights

Bullying: Fighting Back by William L. Brown, Kasieta Legal Group LLC, Madison, Wisconsin Lawyer

Criminal Law & Procedure

Supreme Court: Defendants Did Not Clearly Invoke the Right to Remain Silent, by Joe Forward, WisBar News, on State v. Cummings, 2014 WI 88 (2011AP1653-CR & 2012AP520-CR)

Retrograde extrapolation of blood alcohol concentration survives Daubert challenge, On Point, Wisconsin State Public Defender, on State v. Giese, 2013AP2009-CR

Sheboygan Wal-Mart shooter loses appeal, by Associated Press, Wisconsin Law Journal, on State v. Yang, 2013AP1976-CR

Federalism & Separation of Powers

Act 10: A Postmortem, Federalist Society Madison Chapter, September 10, 2014

Oral Argument Recording, Wolf v. Walker, 7th Cir., No. 12-2526

"While lawyers for Wisconsin and Indiana attempted to defend their state’s marriage bans, Posner issued a series of withering bench slaps...", by Ann Althouse, Madison

You've Got to Feel Bad for Attorneys Arguing the SSM Cases, by William Peacock, Seventh Circuit News and Information Blog, on Wolf v. Walker, 7th Cir., 12-2526

Under Indictment: Governor Rick Perry, with John S. Baker, Jr., Visiting Professor, Georgetown University Law Center and Professor Emeritus, LSU Law School, Practice Group Podcast, Federalist Society

Free Speech & Election Law

More Problems Plague The Legal Theories of the John Doe Prosecutors, by Rick Esenberg, Right Wisconsin

Intellectual Property

7th Cir. Confirms Protections for Sealing Parties' Confidential Documents, by Eric J. Hatchell , Wisconsin Appellate Law, Foley & Lardner LLP, Madison, on City of Greenville, Illinois v. Syngenta Crop Protection, LLC, No. 13-1626

Labor & Employment Law

Two Important Deadlines Approaching for Self-Insured Group Health Plans, by Casey K. Fleming and Leigh C. Riley, Foley & Lardner LLP, Milwaukee

Protecting Your Workplace May Be Getting Easier, by Kevin J.T. Terry, The Blue Ink, Ruder Ware L.L.S.C., Wausau (via Wisconsin Defense Counsel)

Lawsuits don’t discriminate among discriminators, LawBiz Coaches Corner column by Ed Poll, Wisconsin Law Journal

US Supreme Court Review: Two Labor Law Cases (Noel Canning and Harris v. Quinn), by Paul M. Secunda, Marquette University Law School Faculty Blog

Litigation

Two by Solomon on Juries, by Christopher J. Robinette, TortsProf Blog (via Wisconsin Defense Counsel)

Negotiating the Recline Function on your Airline Seat, by Andrea Schneider, ADR Prof Blog

How much would I have to pay an economist to get him to stop annoying me by talking like an economist? by Ann Althouse, Madison

Professional Responsibility & Legal Education

State Bar Seeks Officer Candidates for 2015, Inside Track

Campaign 2014: Brad Schimel (R) Candidate for Attorney General, Steve Walters interview, Wisconsin Eye