Wisconsin appellate court week May 13th-17th 2019

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

June 20th Rachel Barkow of New York University School of Law, presented by Milwaukee Lawyers Chapter (save the date)

November 14th-16th National Lawyers Convention, Washington DC, DC Young Lawyers Chapter, Washington DC Lawyers Chapter, and Capitol Hill Chapter (save the date)

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Supplement to last week

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

Practitioners Handbook for Appeals revised and updated through May 2, 2019, United States Court of Appeals for the Seventh Circuit

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session, Action Dates 04/02/2019-05/14/2019

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:

• May 15th (Case Synopses) (a link to live streaming audio of oral arguments is available) (WisconsinEye has scheduled video coverage) (Oral Argument Schedule)

Next conferences on pending petitions for review are

• May 14th

Pending rules petitions include those scheduled for hearing or conference

• June 6th

The Court of Appeals has oral argument scheduled for

• June 4th and 25th, and August 6th.

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U.S. Supreme Court 2018 Term:
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Truth in Spending

An Analysis of K-12 Spending in Wisconsin, by Will Flanders, Research Director, at the Wisconsin Institute for Law & Liberty.

Harvard Journal of Law & Public Policy, Volume 41 – Issue 3

This latest issue is now available.

Harvard Journal of Law & Public Policy, Volume 41 – Issue 1

The Thirty-Sixth Annual Federalist Society National Student Symposium on Law and Public Policy 2017, articles posted.

2017 National Student Symposium video

The Federalist Society has posted video at YouTube from the 2017 National Student Symposium, held at Columbia Law School March 3rd and 4th.

Panel 1. Privacy and Freedom of the Press

Panel 2, Campaign Finance and Free Speech

Debate: ABA Model Rule 8.4

Panel 3. Religious Liberty after the USCCR Report

Panel 4. Universities and the First Amendment

Richard A. Epstein delivered the keynote address

(via How Appealing)

#FedSocEvents

Religious Liberties (through Feb 1)

7th Circuit revives Muslim inmate's suit over Ramadan meals, by Bruce Vielmetti, Milwaukee Journal Sentinel, Proof and Hearsay

Should Religious Organizations Be Able to Receive Neutral Government Funding? by Bryan C. Whitehead, Axley Brynelson LLP, Madison

The First Amendment and School Choice - To Fund or Not to Fund? by Alexandra Hudson, Wisconsin Institute for Law & Liberty, Milwaukee, WILLblog

Muslim Flight Attendant Suspended When Religious Accommodation Revoked

Randy T. Enochs at Wisconsin Employment & Labor Law Blog

Do many reporters get why Kim Davis is in jail? Hint: Investigate Kentucky laws

Terry Mattingly at Get Religion.

"Here is a crucial question to which I cannot find an answer: Does Kim Davis, under current Kentucky law, have to put her name on a license to make it valid. I ask because Davis is on record as supporting compromises in which gay citizens could receive marriage licenses without a signature from the local clerk or with the signature of another willing clerk appointed by a judge or the state.
[...]
"And there is one other legal complication, at the state level. You are not seeing this fact in the national-level coverage, either.

'Martin Cothran, an analyst for the Family Foundation of Kentucky, criticized [Kentucky Gov. Steve] Beshear for not issuing an executive order or calling a special session to accommodate the religious beliefs of Davis and other clerks.
[...]
'He also criticized [U.S. District Judge David L.] Bunning for failing to comply with the state Religious Freedom Restoration Law, which requires the government to pursue the least restrictive option when curtailing religious rights.'"

The Sharia Problem with Sharia Legislation

Asifa Quraishi-Landes of the University of Wisconsin Law School, Madison, available for download at Social Science Research Network, Ohio North University Law Review, Vol. 41, No. 545, 2015, Univ. of Wisconsin Legal Studies Research Paper No. 1361.

"Abstract:

"A much-cited 2013 Pew poll reported that a strong majority of Muslims around the world favor making sharia the 'official law of the land' in their countries. This was alarming news for many, especially when followed by further statistics supporting things like hand amputation and stoning as criminal punishment. But does a Muslim desire for sharia necessarily mean 'sharia legislation'? Does public support for sharia have to mean Muslim theocracy? The answer is 'yes' if law sharia is defined as scripturally derived religious legal doctrine. But that is a very narrow definition of religious law, and it is an especially inappropriate way to understand sharia. In this article, I will explain why a country that 'follows sharia' need not — indeed, should not — be one that 'legislates sharia.' I will also show how an appreciation of this distinction — among Muslims as well as non-Muslims — will open up new solutions to the apparently intractable and politicized conflicts between Islamism and secularism in many Muslim majority countries today.

"Specifically, I will explain why sharia is best understood as an Islamic rule of law, rather than just the collections of Islamic doctrinal rules known as fiqh. Looking at pre-modern Islamic jurisprudence and Muslim history, I show that sharia rule of law systems were made up of two branches: 1) fiqh rules extrapolated from scripture by religious legal scholars articulating right conduct for Muslims, and 2) siyasa laws created by temporal rulers, legitimated on service of the public good. The role of siyasa as the second of these two branches is especially important to understanding sharia as a rule of law system, but unfortunately is virtually absent in contemporary discourses. As a result, sharia-minded Muslims tend to advocate theocratic systems of government. That is, without an appreciation of the importance of how and why siyasa is part of sharia, average Muslims presume that sharia corresponds only to the doctrinal rules of fiqh, thus leading them to believe that state legislation of fiqh rules is the only way their government can follow sharia. In short, they understand sharia as a collection of rules rather than as a rule of law. This then leads to public support of sharia legislation in politics and in polls. The result is theocracy — government articulating and enforcing religious law upon its people. In opposition to this trend, I will show why 'sharia legislation' efforts around the world are misguided attempts by Muslims to make their governments more Islamic. Ironically, these sharia legislation efforts operate from a European paradigm of the nation-state rather than pre-colonial Muslim norms of law and government, and they stand in the way of deeper, more creative and authentic thinking about Islamic constitutionalism in the modern world."

Will Religiously Based Federal Contractors Challenge OFCCP’s New LGBT Regulations?

Jill Pedigo Hall at Gonzalez Saggio & Harlan LLP, Milwaukee

800 Years of Magna Carta!

Final Thought column by John Skilton of Perkins Coie, Madison, in the latest issue of Wisconsin Lawyer

Magna Carta: Muse & Mentor - Exhibition Video

At the Federalist Society, video:

"The Library of Congress celebrates the 800th anniversary of the first issue of Magna Carta with a 10-week exhibition, with the 1215 Lincoln Cathedral Magna Carta as its centerpiece. The Federalist Society is cosponsoring the exhibit."

The Contraception Mandate and the Forgotten Constitutional Question

Zoe Robinson in the latest issue of Wisconsin Law Review.

Religious Liberty after Hobby Lobby - Event Video

Federalist Society 2014 National Lawyers Convention video featuring Kim Colby, William P. Marshall, Robin Fretwell Wilson, Diarmuid F. O'Scannlain, and William L. Saunders

"The U.S. Supreme Court’s 2013-14 Term included two major religion cases, Town of Greece v. Galloway and Burwell v. Hobby Lobby. In Galloway, the Court held that prayers offered by local clergy at the start of town board meetings did not violate the Establishment Clause. In Hobby Lobby, the Court held that the Religious Freedom Restoration Act required that corporations whose owners object to the HHS contraceptive mandate be exempt from it. The panel will explore, from a range of perspectives, the significance of Hobby Lobby and the religious freedom jurisprudence of the Roberts Court. Among the topics to be considered are the analysis under RFRA of the government’s compelling interest and the narrow tailoring requirements, the interplay between religious exemptions and the Establishment Clause, emerging issues at the intersection of religious freedom and anti-discrimination laws, ongoing challenges to the HHS contraceptive mandate, and the legacy of Hobby Lobby for future First Amendment and religious freedom cases."

Is it constitutional for a court to enforce a subpoena of ministers’ sermons?

Eugene Volokh posted at The Volokh Conspiracy in The Washington Post in a case in Houston, Texas.

Religious Accommodation in the Workplace: Current Trends Under Title VII

J. Gregory Grisham, Of Counsel to Leitner Williams Dooley & Napolitan PLLC, and Robbin W. Hutton, Partner in Ford & Harrison LLP, at Engage: The Journal of the Federalist Society Practice Groups.

Executive Order 13672: The LGBT Executive Order

Federalist Society Practice Group Podcast, with Carl H. Esbeck, Stanley Carlson-Thies, and Robin Fretwell Wilson

ACLU Disappointed by Supreme Court decision allowing sectarian prayer

According to a press release from the ACLU of Wisconsin on Town of Greece v. Galloway, (U.S. S. Ct., No. 12-696) (via The Wheeler Report)

Choice cuts

Recent news and comment on religious liberties:

DOJ probe into WI School Choice ‘another massive power grab’ by feds, by M.D. Kittle, Wisconsin Reporter, April 28, 2014 (via Wisconsin Institute for Law & Liberty)

WILL Comments on U.S. DOJ Investigation into Wisconsin School Choice, Wisconsin Institute for Law & Liberty, April 28, 2014

The home-school conundrum

'Lexington' writes at The Economist on 'Meeting the German Christians who claimed asylum in America'.