Friday, September 12, 2014

FS WI law & policy review - week of September 1st (part 5)

Recent news and comment on law and policy:

Criminal Law & Procedure

Extended statute of limitation for theft runs from actual discovery, not from when theft should have been discovered, On Point, Wisconsin State Public Defender, on State v. Simmelink, 2013AP2491-CR

Tip from one student provided reasonable grounds for search of another student, On Point, Wisconsin State Public Defender, on State v. Chase A.T., 2014AP260

Police had reasonable basis to stop car for failing to signal, On Point, Wisconsin State Public Defender, on State v. Salzwedel, 2014AP301-CR

Pro se defendant’s appellate arguments too undeveloped to address, On Point, Wisconsin State Public Defender, on State v. Grant, 2013AP1829-CR and 2013AP1830-CR

Book Review: Shaken Baby Syndrome on Trial, by Keith A. Findley, University of Wisconsin Law School, and Barry Scheck, Benjamin N. Cardozo School of Law, 29 Criminal Justice #2 (Summer 2014), American Bar Association, Univ. of Wisconsin Legal Studies Research Paper No. 1279, Social Science Research Network

Environmental Law & Property Rights

Administrative Decision Signals Potential Shift in Wisconsin Water Law, by David A. Crass, Jordan J. Hemaidan, Anna J. Wildeman, and Michael P. Screnock, Michael Best & Friedrich LLP, Madison

Federalism & Separation of Powers

Unconstitutional: Wisconsin, Indiana Offer No Good Reasons for Gay Marriage Bans, Seventh Circuit Says, by Joe Forward, WisBar News, on Wolf v. Walker, No. 14-2526

Posner notable, quotable in same-sex marriage decision, by Eric Heisig, Court Gestures, Wisconsin Law Journal

"We're sorry if campaign law has become so complex that the relevant details can't fit in a newspaper article...", by Ann Althouse, Madison

Labor & Employment Law

Managing Never-Ending Leaves Under the ADA, by Saul C. Glazer, Axley Brynelson LLP, Madison

Using “Like” on Facebook may be Protected Speech, by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C., Wausau

Getting Paid – Redux, by Alan G. B. Kim, Jr., von Briesen & Roper s.c., Madison

Litigation

Turning a Mediation Failure into a Mediation Success - Specific Things Counsel Can Do to Make a Difference, by Russell Ware, SmithAmundsen LLC, Milwaukee, and Brent Smith, Johns Flaherty & Collins S.C., Wisconsin Defense Counsel Summer 2014 Conference

Providing Initial Defense for Insured’s in Cases Where Coverage is Questionable Can Provide Insurers with Procedural Leverage to Later Disclaim its Duty to Defend, Corneille Law Group LLC, Madison, on Pumpkin, Inc., v. Ryan, No. 2013AP1320

Plaintiff Can’t Win Suit for Popcorn Lung, Moen Sheehan Meyer Ltd., La Crosse

Professional Responsibility & Legal Education

Attack groups scour attorney general candidate records, by Todd Richmond, Associated Press, Wisconsin Law Journal

Pending disciplinary complaints, through August 29, 2014, Office of Lawyer Regulation