Wisconsin appellate court week August 3rd-7th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

August 4th (corrected date) "A Virtual Conversation with Betsy DeVos", with Hon. Betsy DeVos - Secretary, Department of Education, Robert Eitel - Senior Counselor to the Secretary, U.S. Department of Education, and Candice Jackson - Deputy Chief of Staff for Policy & Deputy General Counsel, U.S. Department of Education, presented by Madison Lawyers Chapter (details and registration)

August 6th (new date) "Corpus Linguistics in Legal Interpretation" with Donald A. Daugherty Jr., Wisconsin Institute for Law & Liberty, Stephen Mouritsen, Parr Brown Gee & Loveles, and Dr. James C. Phillips, Fowler School of Law, Chapman University, Litigation Practice Group Teleforum

August 18th "Recent Trends in the Roberts Court", Don Daugherty, Senior Counsel, Wisconsin Institute for Law & Liberty, presented by Milwaukee Lawyers Chapter (details and registration)

September 3rd Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

February 26-27 National Student Symposium, University of Pennsylvania Carey Law School (save the dates)

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Supplement to last week

July 24, 2020 Agenda and Budget committee agenda, and August 20, 2020 Agenda, Wisconsin Judicial Council

Expanded Court of Appeals' eFiling pilot project begins Aug. 3, Wisconsin Court System

The 2019-20 Term: Some More Impressions, by Alan Ball, Marquette University, SCOWstats

Court upholds ruling against former Dassey attorney, by Scott Bauer, Associated Press, Wisconsin Law Journal, on State v. Kachinsky, 2020AP118-CR

Court of Appeals Opinion Publication Order - July 2020, 2020 WI App 42-46, Wisconsin Court System

Garage within statuory prohibition of entry of "dwelling" to repossess collateral, Duncan v. Asset Recovery Specialists Inc., 2019AP1365 [Recommended for Publication]

Oneida tribe wins closely watched Wisconsin legal fight, by Scott Bauer, Associated Press, Wisconsin Law Journal, on Oneida Nation v. Hobart, No. 19-1981 (7th Cir. 2020)

Wisconsin Supreme Court Accepts New Cases, Wisconsin Civil Justice Council

- Supreme Court Digest, and
- Court of Appeals Digest,
by Prof. Daniel Blinka and Prof. Thomas Hammer, Marquette University Law School, Wisconsin Lawyer, August 2020

- Leading in Unprecedented Times, by Ed Finkel, profile of State Bar of Wisconsin president Kathleen A. Brost
- Racial Equity: It's Time to Step Up, Your State Bar column by Larry J. Martin, executive director, State Bar of Wisconsin
Wisconsin Lawyer, August 2020

A Wisconsin Supreme Court justice was sworn in after she ran 35 miles. Then she started running another 65. Patrick Marley, Milwaukee Journal Sentinel

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:

• September 8th, 11th, 14th, and 29th (Oral Argument Schedule)

Next conferences on pending petitions for review:

• August 19th

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 Calendars and Lists, Argument Calendar:

Calendar for October Term 2020
Argument for
- October 2020 (Oct. 5th-14th)
Latest slip opinions (2019 Term)

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

Wisconsin appellate court week July 20th-24th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

July 29th "The Constitutionality of Pandemic Executive Orders", Misha Tseytlin, Partner, Troutman Sanders LLP & Former Wisconsin Solicitor General, and Ryan Walsh, Partner, Eimer Stahl LLP & Former Chief Deputy Solicitor General of Wisconsin, presented by Chicago Lawyers Chapter (details and registration)

August 18th "Recent Trends in the Roberts Court", Don Daugherty, Senior Counsel, Wisconsin Institute for Law & Liberty, presented by Milwaukee Lawyers Chapter (details and registration)

September 3rd Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

February 26-27 National Student Symposium, University of Pennsylvania Carey Law School (save the dates)

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Supplement to last week

No harm where the defendant’s lawyer was also the judge who bound him over for trial, Wisconsin State Public Defender, on State v. Henyard, 2019AP548-CR (recommended for publication)

Defense win in unusual self-defense homicide case, Wisconsin State Public Defender, on State v. Johnson, 2018AP2318-CR (recommended for publication)

SCOW: expert testimony needn’t meet Daubert if it’s not "opinion," Miranda violation was harmless, Wisconsin State Public Defender, on State v. Dobbs, 2020 WI 64

Fractured SCOW okays restitution order on top of civil settlement, Wisconsin State Public Defender, on State v. Muth, 2020 WI 65

Federal District Court Dismisses Lawsuit Challenging Mandatory Bar, WisBar News, on File v. Kastner, No. 19-C-1063 (E.D. Wis.)

Civil Rights, Constitutional Law, Criminal Law, Justia Opinion Summary, on Brown v. Polk County, No. 19-2698 (7th Cir. 2020)

Divided Wisconsin Supreme Court Rules on Governor’s Partial Vetoes, by Joe Forward, WisBar News, on Bartlett v. Evers, 2020 WI 68

Labor & Employment Law, Justia Opinion Summary, on McCann v. Badger Mining Corp., No. 19-2420 (7th Cir. 2020)

Final Orders 19-06 through 19-12: Amending Supreme Court Rules Pertaining to Attorney Disciplinary Proceedings, Inside Track, State Bar of Wisconsin, on 2020 WI 62

Civil Rights, Constitutional Law, Criminal Law, Justia Opinion Summary, on Pulera v. Sarzan, No. 19-2291 (7th Cir. 2020)

Executive Committee Takes Up Keller Dues Evaluation Aug. 21 for Fiscal Year, Inside Track, State Bar of Wisconsin

Supreme Court: Challenge to Former Gov. Walker's Budget Bill Vetoes Barred, by Joe Forward, WisBar News, on Wisconsin Small Business United Inc. v. Brennan, 2020 WI 69

Candidates, groups spent record $10M on Wisconsin court race, by Associated Press, Wisconsin Law Journal

Labor & Employment Law, Justia Opinion Summary, on McCray v. Wilkie, No. 19-3145 (7th Cir. 2020)

Appeals court won’t reinstate Democrats’ lame-duck challenge, by Associated Press, Wisconsin Law Journal, on Democratic Party of Wisconsin v. Vos, No. 19-3138 (7th Cir. 2020)

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:

• September 8th, 11th, 14th, and 29th (Oral Argument Schedule)

Next conferences on pending petitions for review:

• August 19th

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 Calendars and Lists, Argument Calendar:

Calendar for October Term 2020
Argument for
- October 2020 (Oct. 5th-14th)
Latest slip opinions (2019 Term)

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

Wisconsin appellate court week June 29th-July 3rd 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

September 3rd Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

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Supplement to last week

Whatever Happened to Intervention?, on SEIU v. Vos, Wisconsin Civil Justice Council

Wisconsin Supreme Court accepts three new cases, Wisconsin Court System

Ramirez v. Tegels, No. 19-3120 (7th Cir. 2020), Civil Rights, Constitutional Law, Criminal Law, Justia Opinion Summary

The March 31, 2020, order suspending the paper copy requirements set forth in F.R.A.P. 30(a)(3), C.R. 31(b) and C.R. 40(b) is VACATED and the requirements in those rules are once again in effect. News and Announcements, 7th Cir.

State v. Brooks, 2020 WI 60, Criminal Law, Justia Opinion Summary

Brey v. State Farm Mutual Automobile Insurance Co., 2019AP1320, UIM Coverage (recommended for publication), Hamilton Consulting Group

United States v. Wade, No. 19-2061 (7th Cir. 2020), Criminal Law, Justia Opinion Summary

WI Supreme Court Accepts Anderson v. Town of Newbold, Great Lakes Legal Foundation

Balsewicz v. Pawlyk, No. 19-3062 (7th Cir. 2020), Civil Rights, Constitutional Law, Criminal Law, Justia Opinion Summary

Pro Bono in a Pandemic, video with Jeffrey Louis Brown, Pro Bono Program Manager, State Bar of Wisconsin, Rotunda Report

Purtue v. Wisconsin Department of Corrections, Civil Rights, Labor & Employment Law, Justia Opinion Summary

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 have no argument scheduled. Any 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:

• July 14th

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

The Court of Appeals has oral argument scheduled for:

• June 22nd, 25th and 30th

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U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- May 2020 (May 4th-13th)
Latest slip opinions

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

Judicial Ecology:

Judicial Ecology: Reconciling a Normative Critique of Hively v. Ivy Tech Community College with the Current Sociopolitical Context, by Eric M. Clarkson, 33 Wisconsin Journal of Law, Gender & Society 1

Civil Rights (through Apr 21)

State appeals court clarifies ‘webcam abortion’ law, by Bryna Godar, Associated Press, Wisconsin Law Journal

The Trouble with Tenure, by Mike Nichols and Mike Flaherty with Charles Sorensen, WPRI Report, Wisconsin Policy Research Institute

Concealed Carry on City Buses Among Cases Added to Supreme Court Docket, WisBar News

Milwaukee Not Among Most Racist Cities: So says new study, which also ranks state as among the most tolerant in America, by Bruce Murphy, Urban Milwaukee

Municipalities May Continue to Draw Districts Based on Total Population, by Holly J. Wilson and Susan Allen

Let Them Eat Lobster, by Charles Sykes, review of Evicted, by Matthew Desmond, Commentary

Taxing trend: Wisconsinites voting to raise own taxes to pay for schools, by James Wigderson, Wisconsin Watchdog

Civil Rights update (through Jan 8th)

Who Really Benefits from Racial Affirmative Action? by John McAdams, Marquette Warrior

Feds close investigation into Milwaukee voucher program, by Todd Richmon, Associated Press, Wisconsin Law Journal

Legal Considerations Regarding Transgender Students by JoAnn Hart and M. Tess O’Brien-Heinzen, Boardman & Clark LLP, Madison, FYI School Law Newsletter - January 2016

MPS must embrace new ideas, by C.J. Szafir, Wisconsin Institute for Law & Liberty, Milwaukee, Milwaukee Journal Sentinel

The death of "Poor Joshua!" by Ann Althouse

Civil Rights update Dec 21-24

Newsmakers: DPI Superintendent Tony Evers, WisconsinEye Video, "On December 21, 2015, Newsmakers host and senior producer, Steve Walters, discussed the new federal ESEA education law, replacing No Child Left Behind, with DPI Superintendent Tony Evers."

Is Your Company’s Website Compliant with the Americans with Disabilities Act (ADA)?, by Paul Zimmer and Erica Reib, O'Neil, Cannon, Hollman, DeJong & Laing S.C., Milwaukee

John Doe investigators argue Supreme Court ruling handcuffs them in Cindy Archer suit, by Katelyn Ferral, The Capital Times (via The Wheeler Report)

Why Linda Greenhouse can't remember the Supreme Court's affirmative action doctrine, by Ann Althouse, Madison, Althouse blog

Milwaukee finds new way to delay selling empty school buildings

Paul Brennan at Wisconsin Watchdog,

"The city claims a new state law prevents it from moving forward with any sale of any surplus Milwaukee Public Schools building, even though that law is intended to force the city to sell its many empty schools."

Supreme Court Preview—Universities, Unions, & Equal Protection

Audio at The Claremont Institute,

"In this town hall, Dr. John C. Eastman, Founding Director of the Claremont Institute's Center for Constitutional Jurisprudence, discusses the Supreme Court's upcoming term and several of the most important cases they will hear. In Fisher v. University of Texas at Austin, the Court is asked to finally end racial preferences in education. Friedrichs v. California Teachers Association presents the Court a chance to end mandatory union dues, and Evenwel v. Abbott could change the way we think about 'one-man-one-vote'."

Anecdotes as Evidence: Proving Public Contracting Discrimination in a Strict Scrutiny World

John Sullivan at the latest issue of Engage: The Journal of the Federalist Society Practice Groups.

Non-Citizens Have a Right to Bear Arms -- With 1 Major Catch

Casey C. Sullivan at FindLaw 7th Circuit News and Information Blog.

New Home-School Sports Law Creates Confusion as Districts Work to Clarify their Obligations Prior to the Start of the School Year

Christine V. Hamiel at von Briesen & Roper, s.c., Milwaukee.

It’ll cost you

'Charging for public services sometimes makes sense. Often, though, it is a racket' says The Economist

Second Amendment Protects Unauthorized Non-U.S. Citizens, Seventh Circuit Court Rules

Joe Forward at WisBar News.

Also, Todd Richmond of the Associated Press, '7th Circuit panel: Second Amendment also covers those in US illegally', at Wisconsin Law Journal.

#BlackLivesMatter and Nativism: Demagoguery at work

Rick Esenberg at Shark and Shepherd.

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)

The School Choice Myth That Just Won’t Die

Jason Bedrick at Cato at Liberty

(via Wisconsin Institute for Law & Liberty)

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."

Prosecutors ask judge to dismiss John Doe search lawsuit

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

Democrats want to remove marriage definition in constitution

Dana Ferguson, Associated Press, reported at Wisconsin Law Journal