Federalist Society of Madison: Political Speech and the First Amendment

Video at WisconsinEye [link fixed -ed.]

"On August 26, 2015, the Federalist Society of Madison held a meeting on political speech and the First Amendment. The keynote speaker was the Heritage Foundation’s Hans von Spakovsky who discussed recent case developments in campaign finance law and calls for legislative reform."

Wisconsin Legislative Spotlight - The Week of August 31, 2015

Prepared by the Legislative Reference Bureau.

Rewind - August 24-28

Video at WisconsinEye.

"...Senior Producer Steve Walters and WisPolitics.com Editor JR Ross discussed the week that was in politics ... ."

Wisconsin appellate court week August 31st-September 4th 2015

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

• Supreme Court opinions scheduled for release, and to this week's
• Supreme Court opinions, and
• Court of Appeals opinions scheduled for release, and to this week's
• Court of Appeals opinions,
• Court of Appeals summary dispositions, and
• Court of Appeals certifications,

as they are posted.

Supreme Court pending cases include those scheduled for oral argument September 8th, 17th, 18th and 22nd, and October 5th, 6th and 12th, and November 9th.

The next conference on pending petitions for review is September 9th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference September 21st and October 13th.

The Court of Appeals has oral argument scheduled for September 24th.

WSLL Recommends: Bankruptcy Law Reporter

Library Highlights at Wisconsin State Law Library

U.S. EPA Finalizes the Clean Power Plan, Sets the Stage for Increased Role of Renewable Energy and Energy Efficiency in a Carbon Constricted Economy

R. Lynn Parins, Milwaukee and Madison, von Briesen & Roper s.c.

9-0 Decisions Down, 5-4 Decisions Up in U.S. Supreme Court’s 2014-15 Term

Joe Forward at Inside Track

Court’s Free-Speech Expansion Has Far-Reaching Consequences

Adam Liptak on Reed v. Town of Gilbert at The New York Times

(via Althouse)

Assembly Committee on Judiciary - AB68 John Doe proceedings

Video at WisconsinEye.

"On August 20, 2015, the Assembly Committee on Judiciary held an executive session at the state Capitol on Assembly Bill 68, relating to John Doe proceedings."

On Appellate Practice: Should the Appellate Rules Allow Compact Discs and Other Media in Appendices?

Jacob J. Wittwer, Wisconsin Department of Justice, Madison, at Inside Track

Speakers can't be kicked out of the pool

Rick Esenberg at Shark and Shepherd.

Ralph Nader Invites You to the Grand Opening of the American Museum of Tort Law

Christopher J. Robinette at TortsProf Blog

'The Conservatarian Manifesto'

Professor Jeremy Rabkin reviews The Conservatarian Manifesto by Charles C.W. Cooke at the latest issue of Engage: The Journal of the Federalist Society Practice Groups. [link fixed -ed.]

Say What? An Employee Can Sue for Discriminatory Termination After Resigning?

Elizabeth Odian of Hinshaw & Culbertson LLP, Milwaukee at JD Supra Business Advisor

(via Topix Seventh Circuit Court of Appeals News)

Cagle: Law and lawyers have certain jobs to do

Executive Q&A interview of State Bar President Ralph Cagel, by Patricia Simms, at Wisconsin State Journal

(via University of Wisconsin Law School)

No, The 14th Amendment Doesn’t Guarantee Birthright Citizenship

Ann Coulter comments at Daily Caller.

"Citizenship in our nation is not a game of Red Rover with the Border Patrol! The Constitution does not say otherwise."

(via Mickey Kaus)

Joint Committees on Judiciary - AB90/SB82 criminal procedure

Video at WisconsinEye.

"The Senate Committee on Judiciary and Public Safety and the Assembly Committee on Judiciary held a joint public hearing on Assembly Bill 90 / Senate Bill 82, relating to criminal procedure and providing penalties, on August 20, 2015 at the state Capitol."

Ethical Dilemmas: Conflicts When Representing an Opposing Law Firm

Timothy J. Pierce, State Bar of Wisconsin, Madison, at Inside Track

Swelling Supreme Court Decisions: An Update for 2014-15

Alan Ball at SCOWstats

Ensure Your Wellness Program Compliance is (Legally) Healthy

With Barabara J. Zabawa of the Center for Health Law Equity LLC, McFarland, at Inside Track

Dr. Posner Will See You Now: 7th Circuit Judges Reignite a Spirited Debate over Judicial Internet Research

Thomas L. Shriner Jr. of Foley & Larner LLP, Milwaukee, at Wisconsin Appellate Law.

Wisconsin Legislative Spotlight - The Week of August 24, 2015

Prepared by the Legislative Reference Bureau.

Rewind - week of August 17-21

Video at WisconsinEye.

"...Senior Producer Steve Walters and WisPolitics.com editor JR Ross discussed the week that was in politics... .

Wisconsin appellate court week August 24th-28th 2015

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

• Supreme Court opinions scheduled for release, and to this week's
• Supreme Court opinions, and
• Court of Appeals opinions scheduled for release, and to this week's
• Court of Appeals opinions,
• Court of Appeals summary dispositions, and
• Court of Appeals certifications,

as they are posted.

Supreme Court pending cases include those scheduled for oral argument September 8th, 17th, 18th and 22nd, and October 5th, 6th and 12th.

The next conference on pending petitions for review is September 9th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference September 21st and October 13th.

The Court of Appeals has oral argument scheduled for September 24th.

The Circuit Splits Are Out There—and the Court Should Resolve Them

Evan Bernick, Assistant Director, Center for Judicial Engagement, Institute for Justice, at the latest issue of Engage: The Journal of the Federalist Society Practice Groups

Despite naysayers, skills gap exists

Mike Nichols commentary at Wisconsin Policy Research Institute

Newsmakers: Dean of UW School of Medicine and Public Health Dr. Robert Golden on Fetal Tissue Bill

Video at WisconsinEye,

"...Steve Walters interviewed the dean of the UW School of Medicine and Public Health Dr. Robert Golden regarding Assembly Bill 305, relating to selling fetal body parts."

After Further Review: 7th Circuit Strikes Down Anti-Panhandling Law; Concurrence Muses on First Amendment’s Effect on Laws Restricting Speech on Religion, Abortion

Kellen C. Kasper of Foley & Lardner LLP, Milwaukee, at Wisconsin Appellate Law

The School Choice Myth That Just Won’t Die

Jason Bedrick at Cato at Liberty

(via Wisconsin Institute for Law & Liberty)

'The Conservative Heart: How to Build a Fairer, Happier, and More Prosperous America' - Author Podcast

Practice Groups Podcast, featuring Arthur C. Brooks, President of the American Enterprise Institute, at the Federalist Society

Schools are not "underfunded" and have sold "local control"

Rick Esenberg at Shark and Shepherd,

"Over almost any significant period of time you want to look at, per pupil expenditures on K-12 education has increased at a rate well above the rate of inflation. For example, according to the United States Department of Education, from 1987 to 2012, real per pupil spending on K-12 education in Wisconsin increased from $ 7960 to $ 11,946. That is a real increase of 50.1%. This is exclusive of federal funds (which have also increased).
[...]
"During this same period in which school districts received much more funding, certainly we saw improved results. No. No, we actually didn't. By every measure we have, achievement and attainment remained flat."

Judicial Oversight: 7th Cir. Literally Lost a Case for 5 Years

Casey C. Sullivan reported at Findlaw's 7th Circuit News and Information Blog.

Newsmakers: State Superintendent Tony Evers on Civics Test

Video at WisconsinEye,

"...Senior Producer Steve Walters and State Superintendent Tony Evers discussed the civics test students must pass in order to graduate high school."

Conservatives ask for justice’s communication in John Doe

The Associated Press reported at Wisconsin Law Journal.

"Attorneys for the conservative Wisconsin Club for Growth want state Supreme Court Justice Shirley Abrahamson to turn over records related to her communication with those involved in a secret investigation into whether Gov. Scott Walker’s 2012 recall campaign illegally coordinated with outside groups. ..."

Supreme Court Accepts Case on Governor’s School Regulation Authority, Four Others

Joe Forward reported at WisBar News.

An explanation of the state’s new reforms to Milwaukee’s unused school buildings problem - and why it was necessary

Why the State of Wisconsin Forced Coca-Cola to Sell to Pepsi, by Rick Esenberg, President, CJ Szafir, Education Policy Director, and Elena Ramlow, Research Assistant, of the Wisconsin Institute for Law & Liberty, Milwaukee.

Hamilton Political Tidbits - August 14, 2015

Prepared by Hamilton Consulting Group, Madison.

Wisconsin Legislative Spotlight- The Week of August 17, 2015

Prepared by the Legislative Reference Bureau.

Rewind - August 10-14

Video at WisconsinEye

"...Senior Producer Steve Walters and WisPolitics.com editor JR Ross discussed the week that was in politics... ."

Wisconsin appellate court week August 17th-21st 2015

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

• Supreme Court opinions scheduled for release, and to this week's
• Supreme Court opinions, and
• Court of Appeals opinions scheduled for release, and to this week's
• Court of Appeals opinions,
• Court of Appeals summary dispositions, and
• Court of Appeals certifications,

as they are posted.

Supreme Court pending cases include those scheduled for oral argument September 8th, 17th, 18th and 22nd, and October 5th, 6th and 12th.

The next conference on pending petitions for review is September 9th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference September 21st and October 13th.

The Court of Appeals has oral argument scheduled for August 18th and September 24th.

Your Patriotic Duty?: Post-9/11 Federal Compliance Requirements in Real Estate Transactions

Chris A. Jenny, Madison, and William R. West and Brittany L. Finlayson, Milwaukee, at von Briesen & Roper, s.c.

Wisconsin Department of Natural Resources Announces Reorganization

David A. Crass and Todd E. Palmer at Michael Best & Friedrich LLP, Madison

The Quickie Elections Survive all Court Challenges

Dean R. Dietrich at Ruder Ware, L.L.S.C., Wausau

Obama's Clean Power Plan final rule will bring challenges and opportunities

John L. Clancy, Arthur J. Harrington and Edward (Ned) B. Witte at Godfrey & Kahn, S.C., Milwaukee

Newsmakers: Understanding Political Polling, with Charles Franklin

Video at WisconsinEye,

"...Senior Producer Steve Walters hosted a Newsmakers program with Charles Franklin to discuss the limits of political polling."

Should language banning same-sex marriage be removed from the state constitution?

Pro: Tamara B. Packard, Con: Michael Dean, Closing Arguments feature, Dolan Media Newswires, at Wisconsin Law Journal

Prosecutors ask judge to dismiss John Doe search lawsuit

Todd Richmond of the Associated Press reported last week at Wisconsin Law Journal.

Wisconsin Supreme Court Statistics 1994-1995

Alan Ball at SCOWstats,

"These tables are derived from information contained in 73 Wisconsin Supreme Court decisions filed between September 1, 1994, and August 31, 1995."

Special prosecutor asks high court to reconsider Walker decision

Scott Bauer of the Associated Press reported last week at Wisconsin Law Journal.

"Online court records show [special prosecutor] Francis Schmitz filed a motion Tuesday with Wisconsin’s highest court to put that decision on hold and reconsider the ruling.
[...]
"Schmitz’s filing is the clearest sign yet that he may ultimately ask the U.S. Supreme Court to take the case. ..."

A Buckley Revival

Andrew Ferguson at The Weekly Standard

(via Grace Paine Terzian)

Capitol Roundtable - August 4, 2015

Video at WisconsinEye,

"...Senior Producer Steve Walters hosted a Capitol Roundtable discussion on the Bucks arena financing, the budget, and the end of the legislative session and what to look forward to moving into the fall session, with Capitol reporters, Scott Bauer of the Associated Press; Andrew Beckett of Wisconsin Public Radio; Jason Stein of the Milwaukee Journal Sentinel; and Shawn Johnson of Wisconsin Public Radio."

Wisconsin Legislative Spotlight - The Week of August 10, 2015

Prepared by the Legislative Reference Bureau

Week In Review: GOP Debate, New EPA Rules, John Doe And More

Rick Esenberg and Matt Rothschild are guests of Joy Cardin on Wisconsin Public Radio.

Rewind - 8/3-8/7

Video at WisconsinEye,

"senior producer Steve Walters, Wispolitics.com editor JR Ross and political strategist and lobbyist Brandon Scholz discussed the week in politics... ."

Wisconsin appellate court week August 10th-14th 2015

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

• Supreme Court opinions scheduled for release, and to this week's
• Supreme Court opinions, and
• Court of Appeals opinions scheduled for release, and to this week's
• Court of Appeals opinions,
• Court of Appeals summary dispositions, and
• Court of Appeals certifications,

as they are posted.

Supreme Court pending cases include those scheduled for oral argument September 8th, 17th, 18th and 22nd, and October 5th, 6th and 12th.

The next conference on pending petitions for review is September 9th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference September 21st.

The Court of Appeals has oral argument scheduled for August 18th.

Justice defends decision to not recuse himself from John Doe case

Todd Richmond of the Associated Press reported at Wisconsin Law Journal.

Attorney General's Open Government Summit

Video at WisconsinEye,

"...Attorney General Brad Schimel hosted the inaugural Open Government Summit. This portion of the summit included introductory remarks from the Attorney General, an overview of Wisconsin's public records law, and a panel discussing protecting open government and public safety and how to police it in the 21st century."

State asks US Supreme Court to take Ho Chunk casino case

The Associated Press reported at Wisconsin Law Journal.

"The state Department of Justice had argued that video poker at the facility is a Class III card game and therefore prohibited under the terms of the tribe’s gambling compact with the state."

Here's the Petition for Writ of Certiorari at The Wheeler Report.

Newsmakers: Kevin Kennedy, GAB Director

Video at WisconsinEye

"...Senior Producer Steve Walters interviewed Kevin Kennedy, Director & General Counsel of the Government Accountability Board at the WisconsinEye studios in Madison, WI."

Nonpartisan elections board targeted for overhaul

Scott Bauer of the Associated Press reported at Wisconsin Law Journal.

Summertime Reading

Your State Bar column by George C. Brown, executive director for the State Bar of Wisconsin, in the latest issue of Wisconsin Lawyer,

"State Bar of Wisconsin PINNACLE books provide useful, up-to-date professional development reading and research resources."

Newsmakers: Beyond John Doe

Video at WisconsinEye

"...Steve Walters discussed the aftermath of the Wisconsin Supreme Court ruling that shut down the recent John Doe investigation into Governor Walker’s campaign activities with guests, Mike Wittenwyler administrative and regulatory attorney at Godfrey & Kahn, S.C., and the lead attorney in the firm's Political Law Group; Donald Downs, UW-Madison Professor, Dept. of Political Science, and Director, Center for the Study of Liberal Democracy; and Rick Esenberg, President and General Counsel, Wisconsin Institute for Law & Liberty."

Wisconsin Legislative Spotlight - The Week of August 3, 2015

Prepared by the Legislative Reference Bureau.

Rewind - 7/27-7/31

Video at WisconsinEye,

"senior producer Steve Walters and Wispolitics.com editor JR Ross discussed the week in politics... ."

Federal judge dismisses Abrahamson lawsuit

Erika Strebel reports at Wisconsin Law Journal,

"'The court concludes that Wisconsin’s new method of selecting its chief justice was effective on April 29, 2015, when the referendum was certified, and that the Wisconsin Supreme Court was authorized to implement that method and to elect a new chief justice on that day,' wrote Judge James Peterson in Friday’s decision."

(via Althouse)

Update: Opinion and Order at Wisconsin Watchdog

Wisconsin appellate court week August 3rd-7th 2015

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

• Supreme Court opinions scheduled for release, and to this week's
• Supreme Court opinions, and
• Court of Appeals opinions scheduled for release, and to this week's
• Court of Appeals opinions,
• Court of Appeals summary dispositions, and
• Court of Appeals certifications,

as they are posted.

Supreme Court pending cases include those scheduled for oral argument September 8th, 17th, 18th and 22nd, and October 5th, 6th and 12th.

The next conference on pending petitions for review is August 5th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference September 21st.

The Court of Appeals has oral argument scheduled for August 18th.

Andy Hamilton on Conservatism

New entry today at the Stanford Encyclopedia of Philosophy