Wisconsin appellate court week January 27th-31st 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

February 3rd Nadine Strossen "Hate: Why We Should Resist it with Free Speech, Not Censorship" Marquette Student Chapter (details)

February 4th Nadine Strossen "Hate: Why We Should Resist it With Free Speech, Not Censorship" University of Wisconsin Student Chapter (details)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

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Supplement to last week

Wisconsin Judicial Council, January 17, 2020 Meeting Agenda

Wisconsin Supreme Court Statistics, 1970-71, by Alan Ball, Marquette University, SCOWstats

Sentencing Court Relied on Inaccurate Information but Error was Harmless, by Joe Forward, WisBar News, on State v. Coffee, 2020 WI 1

State Bar Testifies on Assembly "Ghostwriting" Bill, Rotunda Report, State Bar of Wisconsin

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

• February 10th (Oral Argument Schedule)
• March 18th and 30th (Oral Argument Schedule)

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

• February 12th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for:

• January 27th, February 12th and March 4th

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U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- January 2020 (January 13th-22nd)
- February 2020 (February 24th-March 4th
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Governance by Index: Mutual Fund Involvement in Corporate Governance, video from Faculty Conference 2020

Mutual funds, particularly index funds, increasingly find themselves in a position to influence the governance of the companies in which they invest. Accordingly, campaigners of every sort—from hedge fund activists to advocates for environmental and social causes—now lobby mutual funds for voting support. But how should mutual funds wield their power in corporate governance? This panel will discuss the nature of mutual fund investing, the shift to indexing, its impact on the market, and how mutual funds ought to exercise their influence over the companies in which they invest.

Featuring:
- Moderator: M. Todd Henderson, University of Chicago Law School


Panelists:
- Sean J. Griffith, Fordham University School of Law
- Ann M. Lipton, Tulane University Law Schoolv
- Adriana Z. Robertson, University of Toronto Faculty of Law

Why hiring the previously incarcerated is good business

Employer Handbook by Julie Grace and Thomas Lyons, Badger Institute

Wisconsin appellate court week February 11th-15th 2019

Upcoming Federalist Society events include

February 23rd Midwest Regional Conference, hosted by Chicago Lawyers Chapter and University of Chicago Student Chapter, at University of Chicago Law School (details and registration)

February 25th Rick Esenberg of the Wisconsin Institute for Law & Liberty, "Is Our First Freedom in Danger?" at the Milwaukee Club, presented by Milwaukee Lawyers Chapter (details and registration)

March 15th-16th "The Resurgence of Economic Liberty" Federalist Society National Student Symposium, Arizona State Student Chapter, Phoenix (details and registration)

March 20th "On the Wisconsin Department of Justice", Waukesha County Circuit Judge Brad Schimel, former Attorney General, and Misha Tseytlin of Troutman Sanders LLP, former Solicitor General, moderator Steven Biskupic of Biskupic & Jacobs S.C., former U.S. Attorney, at Westmoor Country Club in Brookfield, presented by Milwaukee Lawyers Chapter (save the date)

May 6th Richard Brookhiser, John Marshall: The Man Who Made the Supreme Court, presented by Milwaukee Lawyers Chapter, the Wisconsin Institute for Law & Liberty, and the National Review Institute (save the date)

June 20th Rachel Barkow of New York University School of Law (save the date)

Supplement to last week

Supreme Court Disposition table - January 2019, Wisconsin Court System, 2019 WI 10

Register Now for the Wisconsin Equal Justice Conference, Inside Track, State Bar of Wisconsin

Wisconsin Supreme Court Statistics, 1976-1977, by Alan Ball, Marquette University, SCOWstats

Supreme Court Monthly Statistical Report- January 2019, Wisconsin Court System

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

• February 11th, 14th, and 21st (Case Synopsis) (a link to live streaming audio of oral arguments is available) (WisconsinEye has tentatively scheduled video coverage) (Oral Argument Schedule)
• March 18th, 20th, and 26th (Oral Argument Schedule)

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conferences on pending petitions for review are

• February 12th followed by March 12th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has no oral argument scheduled.

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U.S. Supreme Court 2018 Term:
Argument for
- February 2019 (February 18th-27th)
- March 2019 (March 18-27, 2019)
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Corporations, Securities & Antitrust (through Apr 29)

Mergers & Acquisitions 'The Year in Review' 2015, by Brett D. Koeller and C.J. Wauters, Godfrey & Kahn S.C., Milwaukee

Benefit Corporations and B Corps: Socially Responsible For-Profit Companies, by Danielle M. Johnson and Brian L. Anderson, DeWitt Ross & Stevens S.C., Madison

Affiliations and Strategic Alliances in Long Term Care, by Robert J. Heath and John A. Kramp, Reinhart Boerner Van Deuren s.c., Milwaukee

Advisory Boards: Do I Really Want Advice? by Buck Sweeney, Axley Brynelson LLP, Madison

How to Build a Startup, Chicago-Style, by Christopher C. Cain, Foley & Lardner LLP, Madison

Investment Management Legal and Regulatory Update - April 2016, by Leah Cry, Ellen R. Drought, Susan M. Hoaglund, Milwaukee, and Pamela M. Krill, Madison, Godfrey & Kahn S.C.

A Compilation of Non-Enforcement Actions, by Peter D. Fetzer, Milwaukee, Stuart E. Fross, Michelle E.P. Nunez and Gustavo Resendiz, Boston, Foley & Lardner LLP

Corporations, Securities & Antitrust (through Apr 13)

The First Investor-State Arbitration, by Jason W. Yackee, University of Wisconsin Law School, Social Science Research Network

Basics & Beyond: An Annotated List for Startups #4-6, by Joe Boucher and Drew Coursin, Neider & Boucher S.C., Madison

Resale Price Maintenance & State Law Holdups White Paper by David S. Olson, Associate Professor of Law, Boston College Law School, The Federalist Society

What Are Statutory Close Corporations and How Are They Different from Regular Corporations? by Jennifer M. Krueger, Boardman & Clark LLP, Madison

Small Providers Beware: Antitrust Enforcement Applies Regardless of Size, by Brad M. Dennis, Nicole S. Dermer, and Tracey L. Klein, Reinhart Boerner Van Deuren s.c., Milwaukee

Criminal Law & Procedure (through Apr 7)

Appeals Court: Man Convicted in 1982 Murder Can have Evidence Tested for DNA, by Joe Forward, WisBar News

Supreme Court Oral Argument: State of Wisconsin v. Eric L. Loomis, WisconsinEye video and Wisconsin Court System synopsis

Appeals Court Grants New Trial for 2009 Milwaukee Murder, Attempted Murder, by Joe Forward, WisBar News

Supreme Court Oral Argument: State of Wisconsin v. Timothy L. Finley, Jr., WisconsinEye video and Wisconsin Court System synopsis

Supreme Court Oral Argument: City of Eau Claire v. Melissa M. Booth, WisconsinEye video and Wisconsin Court System synopsis

Supreme Court Oral Argument: State of Wisconsin v. Rory A. McKellips, WisconsinEye video and Wisconsin Court System synopsis

Corporations, Securities & Antitrust (through Jan 22)

Birth of the 'LLC' SOP? by Andrew J. Bezouska, DeWitt Ross & Stevens S.C., Madison [link fixed -ed.]

Basics & Beyond: An Annotated List for Startups #1-3, by Joe Boucher and Drew Coursin, Neider & Boucher S.C., Madison

Investment Management Legal and Regulatory Update - January 2016, by Christopher M. Cahlamer, Carol A. Gehl, Susan M. Hoaglund and Kristen A. Irgens, Godfrey & Kahn S.C., Milwaukee

UW Law and Entrepreneurship Clinic Helps Out Start-ups

Kris Turner at WisBlawg

Progress Through Business Urges ESOP Awareness

Timothy L. Stewart at DeWitt Ross & Stevens S.C., Brookfield

Debate over Wisconsin beer law comes to a head

Ken Wysocky commentary at Wisconsin Policy Research Institute

Are the Green Bay Packers Socialists?

Matthew J. Parlow and Anne-Louise Mittal, Marquette University Law School, in the Virginia Sports and Entertainment Law Journal, Vol. 14, No. 2, 2015 (Marquette Law School Legal Studies Paper No. 15-2), available for download at Social Science Research Network

"Abstract:

"The Green Bay Packers are an oft-misunderstood organization — not in the decisions that the Packers make, but in their legal status and structure. Scholars, commentators, and even the general public refer to the Packers as “community-owned.” While this characterization is true — to a degree — the specifics of this unique ownership structure in professional sports have never been comprehensively documented and analyzed. Perhaps this is the reason that some political pundits have termed the Packers “socialists.” However, such commentators also seem to not fully appreciate the historical development, and contemporary understanding, of this social, economic, and political ideology. This confluence of confusion has led to the misapplication of term socialism to the Green Bay Packers. This article seeks to set the record straight."

Lessons from Dentists? Decision May Impact Self-regulated Professions

Joe Forward reported at Inside Track.

"In North Carolina State Board of Dental Examiners v. Federal Trade Commission, [135 S.Ct. 1101 (2015)] the Court ruled (6-3) that dentists on a board that regulates the practice of dentistry in North Carolina – the North Carolina State Board of Dental Examiners – were not immune from an antitrust lawsuit by the Federal Trade Commission (FTC)."

State high court to take up some Doe cases

The Associated Press reported in the Wisconsin Law Journal.

The Short-Termism Debate - Event Video

Federalist Society 2014 National Lawyers Convention video beaturing Lucian Bebchuk, Jonathan R. Macey, Robert T. Miller, Steven A. Rosenblum, and E. Norman Veasey

"For thirty years, the economic analysis of corporate law has been based on the assumption that shareholder value is a reliable proxy for social welfare. However, for some time now, the large majority of the shares in some public companies have been held by institutional investors, including pension funds and mutual funds. These investors have some incentive to favor short-term profits at the expense longer-term benefits. Can shareholder value still be reliably equated with social welfare? Or does the current incentive structure encourage the misallocation of resources and a net social loss?"

Omnicare v. Laborers District Council Construction Industry Pension Fund - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring George Conway, Partner, Wachtell Lipton Rosen & Katz

"On November 3, 2014, the Supreme Court heard oral argument in Omnicare v. Laborers District Council Construction Industry Pension Fund. This case concerns Section 11 of the Securities Act of 1933, which authorizes suit by a purchaser of securities issued under a registration statement filed with the Securities and Exchange Commission--if the registration statement 'contained an untrue statement of material fact or omitted to state a material fact required to be stated therein or necessary to make the statement therein not misleading.'

"The question here is whether a Section 11 plaintiff may plead that a statement of opinion was 'untrue' merely by alleging that the opinion itself was objectively wrong, as the Sixth Circuit has concluded, or whether the plaintiff also must allege that the statement was subjectively false – requiring allegations that the speaker’s genuinely held opinion was different from the one expressed – as the Second, Third, and Ninth Circuits have held."

Regulating the Regulators: North Carolina Board of Dental Examiners v. Federal Trade Commission - Podcast

Federalist Society Practice Group Podcast featuring,

Prof. Rebecca Haw Allensworth, Vanderbilt University Law School, and

Misha Tseytlin, Deputy Attorney General, Office of West Virginia Attorney General

North Carolina State Board of Dental Examiners v. Federal Trade Commission - Post-Argument SCOTUScast

Federalist Society SCOTUScast,

"The question in this case is whether the state-action exemption from federal antitrust laws applies to a state dental regulatory board when the majority of board members are dental professionals who are elected by other market participants--and thus potential competitors of anyone seeking entry into the dental industry.

"To discuss the case, we have Prof. Alexander Volokh, who is an Associate Professor of Law at the Emory University School of Law."

Reflections on Judicial Contract Interpretation and the Boden Lecture

Nadelle E. Grossman posted at Marquette University Law School Faculty Blog.

Wisconsin Supreme Court Hears Argument on Consideration for Noncompetes

Brandon M. Krajewski, Milwaukee, posted at Quarles & Brady LLP.