Monday, September 15, 2014

FS WI law & policy review - week of September 8th (part 1)

Recent news and comment on law and policy:

Administrative Law & Regulation

Wisconsin Administrative Register No. 705 [part a]; Published by the Legislative Reference Bureau; Publication Date: September 14, 2014; Effective Date: September 15, 2014

Proposed changes to Medicare and Medicaid fire safety regulations, by Thomas N. Shorter and Danny S. Tang, Godfrey & Kahn S.C., Madison

Criminal Law & Procedure

Police had probable cause to arrest for operating with a detectable amount of a controlled substance, On Point, Wisconsin State Public Defender, on State v. Shah, 13AP2755

Police misconduct claims deserve day in court, On the Defensive column by Anthony Cotton, Kuchler & Cotton SC, Waukesha, Wisconsin Law Journal

Marijuana Regulation in the States, Wisconsin Briefs, No. 14-8, Legislative Reference Bureau

Environmental Law & Property Rights

Do Sue and Settle Practices Undermine Congressional Intent for Cooperative Federalism on Environmental Matters? by David B. Rivkin, Jr., Baker & Hostetler LLP, and Center for Law and Counterterrorism, and Adam Doverspike, GableGotwals, Engage: The Journal of the Federalist Society Practice Groups

Don't Forget Your Hard Hat: Preserving Your Visibility, Access, and Use During Construction, by Chris A. Jenny, Madison, and William R. West and Lauren A. Triebenbach, Milwaukee, von Briesen & Roper, s.c.

Financial Services & E-Commerce

Deal sought in Milwaukee archdiocese bankruptcy, by M.L. Johnson, Associated Press, Wisconsin Law Journal

Free Speech & Election Law

Judge orders state not to enforce PAC limits law, by Scott Bauer, Associated Press, Wisconsin Law Journal

Litigation

Blackstone and Booze: Wisconsin Court of Appeals Discusses Retroactivity of Judicial Decisions, by Philip C. Babler, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee, on Mixx Night Club v. Milwaukee, 13AP2599

Mandatory E-filing: Proposal Mandates Electronic Court Filings in Wisconsin, by Joe Forward, Inside Track

Advance eSheet September 1-5, 2014, Wisconsin Defense Counsel

Professional Responsibility & Legal Education

What Comes First the Software or the Hardware? by Jeff Krause, Solfecta LLC, Waterford, Inside Track

Marriage, “Magic Bullets,” and Medical Decision-Making: Contemporary Reflections on Themes in the Scholarship of Professor Marygold S. Melli, by Lynn D. Wardle, J. Reuben Clark Law School, Brigham Young University, Wisconsin Journal of Law, Gender & Society

A Global Survey on the Study of International Law, by Ryan Scoville, Marquette University Law School Faculty Blog

Wisconsin's Drinking Problem Doesn't Stem From Cultural Heritage, Expert Says, Wisconsin Public Radio (via University of Wisconsin Law School)

It's About Opportunities: Reflections on Celebrating National Library Week, by Bonnie J. Shucha, University of Wisconsin Law School, AALL Spectrum, p. 8, November 2005, Univ. of Wisconsin Legal Studies Research Paper No. 1281