Book Reviews

The February 2007 issue of Engage, Journal of the Federalist Society Practice Groups, concludes with reviews of Richard A. Posner’s Not a Suicide Pact, John Yoo’s The Powers of War and Peace, Jerome Karabel’s The Chosen, and John Ashcroft’s Never Again.

The Illinois Pilot Program on Sequential Double-blind Indentification Procedures

Report [76 pp. pdf] to the Legislature of the State of Illinois

(via The Economist)

Appellate Opinions Released March 30, 2007

The Wisconsin Supreme Court did not release any opinions today (other than a decision denying a motion for reconsideration).

The Wisconsin Court of Appeals did not release any opinions or certify any questions today.

Public Interest Law Section opposes SB 67 - Student Financial Aid Eligbility

Our State Bar's Public Interest Law Section has announced it opposes SB67, a bill

relating to: making a postsecondary student who has been convicted of possessing, with intent to manufacture, distribute, or deliver, or of manufacturing, distributing, or delivering, a controlled substance or controlled substance analog based on conduct that occurred during a period of enrollment for which the postsecondary student was receiving any state financial assistance ineligible for state financial assistance and granting rule-making authority.

Appellate Opinions Released March 29, 2007

The Wisconsin Supreme Court released its opinion in Aslakson v. Gallagher Bassett Services, Inc. today. The Court held that an injured worker may maintain an action against the administrator of the Uninsured Employers Fund for injuries arising from the administrator's allegedly bad-faith conduct.

The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:

Dane Co. DHS v. Dyanne M. (court competency in termination of parental rights).

Town of Delton v. City of Baraboo (city may not make approval of a subdivision plat in its extraterritorial jurisdiction conditional on the subdivider installing public improvements).

Appellate Opinions Released March 28, 2007

The Wisconsin Supreme Court did not release any opinions on this date.

The Wisconsin Court of Appeals released these opinions on this date, but did not recommend either of them for publication.

The Wisconsin Court of Appeals did not certify any questions on this date.

Political Tidbits March 29, 2007

The latest report

Bill Would Repeal Tax Loophole

Fund Transfer Not Advised

Property Tax Effects Summarized by LFB

DOT Requests Federal Appropriations

Committee Hearings

Donnelly Named Employment Relations Director

Wisconsin SeniorCare Subject of Hearing

from The Hamilton Consulting Group.

2008 US News Rankings

Dave Hoffman at Concurring Opinions

It looks like the 2008 US News law school rankings have leaked, a few days early. ... and the claim is that US News allowed (for a brief time) subscribers to see them this [March 27, 2007] morning. I can't warrant the accuracy of the data, nor do I know who deserves credit for this "scoop."
...
31. Wisconsin
...
97. Marquette

(via Professor Bainbridge)

Federalist Society's web site redesigned

Maybe now that guy will quit asking about it at the Regional Leadership Meeting. Oh, wait, that was me.

I have to say it looks very good, and is easier to navigate. Go take a look around.

The new "Originally Speaking" Online Debate Series starts out with Wendy Long and Jennifer Brown on Abortion and the Courts.

Appellate Opinions Released March 27, 2007

The Wisconsin Supreme Court released its opinion in Pool v. City of Sheboygan today. The Court held that a city's notice of disallowance of a claim must be served on the claimant by registered or certified mail -- service was deficient when the notice was received by the claimant's adult daughter.

The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:

State v. One 2000 Lincoln Navigator (the failure to hold a hearing on a forfeiture petition within 60 days requires dismissal with, rather than without, prejudice).

Dettwiler v. Wisconsin Department of Revenue (gambling losses are not a "recovery of federal itemized deductions," and therefore may not be deducted from gambling winnings).

The Wisconsin Court of Appeals did not certify any questions today.

"Final order" clarified

Effective September 1, all final orders and judgments must state explicitly that they are final for purposes of appeal. Absent such a statement, appellate courts should liberally construe ambiguities to preserve the right of appeal.

Good argument forfeited

After agreeing to a settlement in open court, a plaintiff can't renege.

However, if the defendant is a city that has to get approval from the city council, you can ... if you raise the issue in the district court, and don't forfeit the argument for appeal, that is.

Supreme Court to consider rules for multijurisdictional practice

The Wisconsin Supreme Court is now accepting comment on a State Bar of Wisconsin proposal [14 pp. pdf] to change the rules governing lawyers who provide legal services in jurisdictions where they are not licensed to practice. The Court will conduct a public hearing on this proposed amendment to the attorney ethics code on Thursday, April 12 at 9:30 a.m. in the Supreme Court Hearing Room on the second floor of the Capitol's East Wing.

Appellate Opinions Released March 26, 2007

The Wisconsin Supreme Court did not release any opinions today.

The Wisconsin Court of Appeals neither released any opinions nor certified any questions today.

Appellate Opinions Released March 23, 2007

The Wisconsin Supreme Court released its opinion in Estate of Frank P. Rille v. Physicians Ins. Co. on this date. The case addressed issue preclusion in the context of contribution and indemnity claims.

The Wisconsin Court of Appeals did not release any opinions on this date, nor did it certify any questions.

March 26, 2007: A Court Unbound?

This white paper [31 pp. pdf] by Rick Esenberg, on The Recent Jurisprudence of the Wisconsin Supreme Court, is part of a Federalist Society's series on the state of a state's judiciary.

He discussed the paper at a noon luncheon Monday, March 26, 2007 in the Marshall Room of the Milwaukee Bar Association, 424 East Wells Street, Milwaukee.

(1.0 CLE credit, pending approval)

Judicial restraint is the notion that judges ought to base their decisions upon a source of authority that is outside of themselves and their own notions of the just. In a democracy, this source should be rooted, at some point, in the formal consent of the governed. As Chief Justice John Roberts has put it, "[j]udges are like umpires. Umpires don't make the rules; they apply them . . . ."

A court's willingness to restrict itself to interpretation of laws that are made by others is vital not only to the maintenance of democracy, but to the very notion of judicial independence. If judges come to be another set of political actors – deciding which set of policies are best – there is no compelling reason to regard their decisions as final or to respect their independence from the political fray.

Judicial restraint is not synonymous with "pro-business" or "anti-liability" or even "conservative" decisions. Although our recent judicial history may be comprised largely of "activist" decisions advancing what may be seen as the goals of the political left, there is nothing inherently "liberal" or "conservative" in this view of restraint. In fact, one of the most notorious manifestations of judicial activism occurred in the first part of the twentieth century when the United States Supreme Court consistently struck down Progressive-era economic legislation on grounds not set forth in, or fairly inferable from, the constitutional text.

Recently, the Wisconsin Supreme Court has shown a willingness to abandon long accepted principled constraints on the court's use of its power. In adopting an extraordinarily aggressive form of equal protection analysis, it has substantially weakened the presumption that statutes are constitutional. By adopting an expansive view of its supervisory powers and evincing a willingness to re-examine factual findings to which courts customarily defer (or to make findings normally made by other branches of governments), the court has demonstrated an increased affinity for the imposition of grand judicial solutions to difficult social problems.

Much of this has been the product of a sharply divided court, suggesting that we have reached a critical juncture. The court is now more or less evenly divided between two groups of justices who have dramatically different notions of the role of the judiciary. It is the purpose of this white paper to facilitate a discussion about this important trend and to foster a dialogue about the proper role of the courts in our state.

This Week in Liberal Judicial Activism: Week of March 26, 2007

Ed Whelan at Bench Memos.

Mr. Whelan was the featured speaker at our chapter's March 8th luncheon.

State Court Docket Watch, April 2007

In this issue [20 pp. pdf]

Washington Union Fees Law Goes to Supreme Court

Missouri Supreme Court Extends Workers Compensation Benefits

Gay Marriage in the State Courts: New Jersey

Georgia Supreme Court Strikes Down Asbestos Litigation Reform

Alabama Supreme Court Considers Companion Separation of Powers Challenges

Engage, February 2007

In this issue [164 pp. pdf] of the The Journal of the Federalist Society Practice Groups

State-Level Protection for Good-Faith Pharmaceutical Manufacturers
by Daniel Troy

The Vienna Convention and the Supreme Court: Reaching the Limits of Internationalism?
by Kent Scheidegger

The McNulty Memorandum: Recent Modifications to Federal Prosecutorial Policy Regarding Corporations
by George J. Terwilliger III

Standing in the Hot Seat: Climate Change Litigation
by Jonathan H. Adler

NSA Surveillance: The Litigation and its Implications
by Thomas R. McCarthy

The Blaine Amendment: Harbinger of Secularism?
by Gerard V. Bradley

and much more.

Appellate Opinions Released March 22, 2007

The Wisconsin Supreme Court did not release any opinions today.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

State v. Dartez (for purpose of the hit and run statute, an accident occurred "upon a highway" when the driver lost control of her car on a highway and then crashed into the bedroom of a private residence).

The Court of Appeals did not certify any questions today.

Board tackles issues from 17-year olds legal status to proposed amendments to Wisconsin Constitution, and more

Our State Bar reports on the March 9, 2007 meeting of its Board of Governors

On WisTAF

The board approved the WisTAF Assessment Task Force’s request to prepare and file a petition with the supreme court to amend SCR 13.045. The petition will seek to allow attorneys the option of certifying on their annual dues statement a donation of $50 or more to a law-related civil legal service entity, other than WisTAF, provided the entity has eligible programs for the purposes specified in SCR 13.03(2)(a)(1). The petition also will seek to include judges as payers of the WisTAF assessment.

The board opposed task force recommendations to: permit credit for nonresident members for similar home state assessments; allow members to provide pro bono services instead of paying the assessment; and modify the amount of the assessment owed based upon years of practice. The board did not vote on a provision to establish a separate fund to manage the assessment.

On the age for adult criminal proceedings

The board adopted a public policy position at the request of the Children and the Law Section supporting legislation to raise from 17 to 18 the age at which persons are subject to adult court.

Constitutional amendments

The board opposed, 36 - 2, three proposed amendments to the Wisconsin Constitution prohibiting the Wisconsin Supreme Court from assessing lawyers to pay for civil services to poor people, prohibiting the Wisconsin Supreme Court from requiring attorneys to join or pay dues to the State Bar or any bar association, and requiring the Wisconsin Supreme Court to open its case conferences to the public and publicly notice issues to be considered.

Administrative law judges

The board opposed a Social Security Administration administrative law judge (ALJ) petition seeking State Bar judicial membership status. ...

A public hearing is scheduled before the supreme court on April 12 at 9:30 a.m.

Among other actions

The board set the fiscal year (FY) 08, July 1, 2007 - June 30, 2008, Keller dues at $5.25 per member, under the standard set in SCR 10.03(5). Under Keller, the State Bar cannot use compulsory dues of objecting members for political or ideological activities that are not reasonably related to regulating the legal profession or improving the quality of legal services.

Sullivan's fairness never tired

Amy Rabideau Silvers reports in today's Milwaukee Journal Sentinel on the death of Michael T. Sullivan, who served as a judge on the Circuit Court and then the Court of Appeals from 1953 to 1996.

The Employee Free Choice Act: Who Benefits?

Audio of a March 13, 2007 panel discussion at the Capitol Hill Club, Washington, DC, presented by the Federalist Society's Labor & Employment Law Practice Group

Appellate Opinions Released March 21, 2007

The Wisconsin Supreme Court released opinions in the following cases today:


Wamboldt v. Illinois Farmers Ins. Co. The Court clarified how to identify the court document that triggers the time within which to file a notice of appeal, as provided by Wis. Stat. sec. 808.03(1). Beginning on September 1, 2007, the final order or judgment will have "a statement on the face of [it] that it is final for the purpose of appeal. Absent such a statement, appellate courts should liberally construe ambiguities to preserve the right of appeal." And all across the State appellate counsel heave a huge sigh of relief.

Tyler v. The Riverbank (same as Wambolt).


State v. Johnson (suppression of evidence found in a protective search of suspect's vehicle).


The Wisconsin Court of Appeals released these opinions today, but did not recommend either of them for publication.

The Court of Appeals did not certify any questions today.

'Philip Morris' Redux

Paula Duggan Vraa with "This Week's Feature" in DRI's The Voice

A Lawyer Walks into a Bar. . .

We'll be at Chicago Intl Doc Film Festival.
Sun, April 1, 1:00 PM
Chopin Theater, Chicago, IL

Wed, April 4, 4:00 PM
Wilmette Theater, Wilmette, IL

(via WisBlawg)

Sordid Business:

The Supreme Court Confronts the Constitutionality of Racial Preferences in K-12 Education
by Virginia Solicitor General William E. Thro & University of Dayton Professor Charles J. Russo--March 2007

A Federalist Society White Paper [17 pp. pdf]

SCOTUScast 3-20-07

Expert Case Summaries and Opinions Audio

Erik S. Jaffe on:
Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp.
Lance v. Coffman
Whorton v. Bockting

This audio broadcast provides expert commentary on U.S. Supreme Court cases as they are issued and is intended to help foster a serious dialogue about legal issues in the public square. To supplement our scholars' analysis, we provide copies of the opinions issued since the immediately preceding edition of SCOTUScast, along with brief summaries intended to serve as a reference for listeners interested in remaining informed on the general activities of the Court. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important, current issues.

Bills enacted March 16, 2007, Acts 4-5

Act 4 Providing loans to persons who are paying more property taxes as a result of the Department of Revenue's error in calculating equalized value and making an appropriation.

Act 5 Authorizing the secretary of administration to lapse moneys from appropriation accounts and transfer moneys between funds during the 2006-07 fiscal year, affecting position authorizations for certain state agencies, requiring the secretary of administration to lapse or transfer moneys to the general fund related to unfunded retirement liability debt service, and making appropriations.
Update: Vetoed in part

Appellate Opinions Released March 20, 2007

The Wisconsin Supreme Court did not release any opinions today.

The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:

Progressive Casualty Ins. Co. v. Bauer (requiring insurance company to make maximum liability coverage available to both motorcycle owner and motorcycle driver (who in this case was an additional insured) did not violate anti-stacking statute).

State v. LaCount (the court resolved issues related to a search warrant, expert witness testimony regarding the nature of investment contracts, insufficiency of evidence to support a conviction, and whether there is a right to a jury to determine habitual criminality).

The Court of Appeals did not certify any questions today.

International Law and the State of the Constitution

The Harvard Journal of Law & Public Policy, Volume 30, Number 1, Fall 2006, includes the presentations from last year's Federalist Society National Student Symposium, held February 26, 2006 at Columbia Law School.

Andrew Hitt of the Marquette Law School Chapter was among the Federalist Society members who served as General Editors in preparing the Symposium for publication.

Board of Governors: Draft Minutes: December 8, 2006

Our State Bar has posted these, from the BOG's previous meeting [19 pp. doc].

Appellate Opinions Released March 19, 2007

Neither the Wisconsin Supreme Court nor the Wisconsin Court of Appeals released any opinions today.

The Court of Appeals did not certify any questions today.

Political Tidbits, March 19, 2007

The latest report

Doyle Signs Budget Repair Bill

Budget Briefings Wrapping Up

DOT Chief Re-confirmed

DNR Staff Proposes Increased Mercury Regulations

State to Continue Nuisance Suit Versus Cranberry Industry

Study Highlights Legal Needs of Poor

Hearing Set on Video Franchising Bill

Red Cross Legislative Day

Likely Voters Demonstrate "Lack of Connection" to Wisconsin Supreme Court

Green Campaign, Elections Board Reach Settlement

from The Hamilton Consulting Group.

Counting angels on a pin

An unmarried man can file a wrongful death action on behalf of a stillborn, and then seek to establish his paternity within that action.

But he cannot file a paternity action as a prerequisite to filing a wrongful death claim.

Why he should have any rights at all, the court doesn't address.

Ready. aim. fire.

Judge Posner unleashes the fury on attorneys.

Law professors are irrelevant

NYTimes article about a conference where federal judges told the professors what they've been needing to hear for years: nobody reads their useless, irrelevant articles, because the professors have no interest in writing about actual, existing statutes and precedents.

This Week in Liberal Judicial Activism: Week of March 19, 2007

Ed Whelan at Bench Memos.

Mr. Whelan was the featured speaker at our chapter's March 8th luncheon.

Administrative Register effective March 15, and decisions

The Revisor of Statutes Bureau has issued the first/second half of No. 615 [22 pp. pdf].

Administrative decisions posted online since March 1, 2007

Labor and Industry Review Commssion

> Equal Rights Decisions:

Fink v. Sears Roebuck & Co. Conviction record discrimination - sexual assault of a child / asst. manager in auto repair shop; Hoell "mixed motive" case: discharge based in part on employer's belief that employee provided misleading information about circumstances of conviction, and in part because of that conviction, but employer would have fired him even absent the misleading information; this offense not "substantially related" to this job - cease/desist order, atty's fees

> Unemployment Insurance Decisions:

Crum v. Kelly Services, Inc. Failure to provide correct/complete info during investigation - s. 108.04(13)( g ) - employee was at fault for initially not disclosing work with/discharge by this employer

Zingale v. Liftco Domestic and Personal Circumstances, VL 1033 - Move from locality employee moved to another county to take job, then had to quit it when his probation could not be transferred and he was required by terms of his probation to return to previous residence - a quit, not for good cause attributable to employer - BR 335.01 - Waiver granted - 'department error' - misapplication of law - ALJ decision allowing benefits under § 108.07(8)(b), concerning charging of benefits for state prisoners, was department error

Hansen v. Great Lakes Water, Inc. Wages - Failure or refusal to pay - employer knew there was insufficient money in account to cover paycheck but hoped (in vain) there would be when check was cashed, - employee did not need to inform employer she was quitting due to NSF paychecks because employer was aware her checks were bouncing; employer failed to file quarterly UI reports, made no effort to transfer duites to anyone else or seek help - not necessary for employee to complain prior to quitting, employer knew what it was doing

Hartman v. Wauwatosa Day Care & Learning Centers, Inc. Absence, tardiness without notice - s. 108.04(5g) not applicable where policy's notice of possible discharge only related to absences, not tardies; MC 605.09 - Absence, Reason, General - 9 tardies, but record improving, significant mitigating factors as to several, most tardies were of only a few minutes - no misconduct

Blunt v. Madison Metropolitan School District Leave under Family Medical Leave Act -- after 12 weeks, employee's entitlement to leave was "exhausted" so ineligibility provided for by §108.04(1)(b)3. ends, issue becomes general A&A; Health - physical condition - employee, on doctors advice, was refusing all work, not A&A

Schroeder v. Paper Transport of Green Bay, Inc. Insubordination, Disobedience - employee refused assignment to drive different truck than the one he usually drove - his objections, that his CDL and log were in other truck so he could not drive legally, rejected - discharge for misconduct

Bahr v. Hometown, Inc. Absence, Notice - employee had three no-call-no-shows, followed by an unexcused absence - employee's attendance improved after final warning and his last absence was for valid reasons and with notice - no misconduct; other attendance decisions distinguished; Absence, tardiness without notice - s. 108.04(5g) not applicable, fewer than 5 absences w/o notice

> Workers Compensation Decisions:

Stuhr v. Dairyland Power Cooperative Permanent Partial Disability, Non-Schedule Injury, Proof Necessary - weight of evidence establishes pseudoarthrosis, permanent functional disability - injured workers not required to undergo back surgery if they choose not to but the reasonableness of such choice is a factor to be considered in assessing LOEC - applicant here needs further surgery, can't have it until he loses weight, is able to do so, after a reasonable period of time, should he fail to lose the weight necessary to allow surgery, LOEC assessment will be required

Kaap v. County of Milwaukee Schedule Injury - applicant's computer work was a least a material, contributory causative factor in onset / progression of carpal tunnel syndrome - opposing opinion, that computer work in absence of forceful grasping has not been shown to have been causative of carpal tunnel syndrome, not credible

Henry v. General Motors Corporation Bad faith and Delay in Payment - employer never denied work-relatedness, had no medical evidence, relied upon claims adjuster's analysis, which was not competent medical opinion and subsequently proven incorrect - full 200 % penalty appropriate

Jerome v. Jackson Schedule Injury - separate injuries to wrist, elbow, fingers/thumb - separately addressing each of the scheduled disabilities sustained at the wrist, elbow, and fingers/thumb, was appropriate

Administrative & Local Government Law Section News: March 2007

Our State Bar's Administrative & Local Government Law Section newsletter contains

Making the Leap: Administrative & Local Government Law News Goes Electronic

Meet me in Milwaukee - Louis! Message from the Chair, Christopher J. Jaekels, Cook & Franke S.C., Milwaukee

Section CLE Program at the State Bar Annual Convention

Spring Election for Section Board of Directors

Do Unto Religious Uses As You Do Unto Others: RLUIPA law starting to settle as the 7th Circuit reaffirms its definition of "substantial burden"; Peace Lutheran still coexists, Jesse A. Wesolowski, Wesolowski, Reidenbach & Fleming, S.C., Franklin

Milwaukee Files Suit Against AT& T: Is U-Verse a Cable Service? Anita T. Gallucci, Boardman Suhr Curry & Field LLP, Madison

State Bar Online Research Panel seeks participants

Racine Harley-Davidson v. Div. of Hearings and Appeals and Hilton v. DNR: Clarifying the Standard of Review for Legal Findings of Non-Line Agencies, Attorney Richard A. Lehmann, of Counsel, and Andrew Meehan, Law Clerk, Boardman Suhr Curry & Field LLP Madison

Legislative Proposals Seek to Revise City of Janesville v. WERC. Attorney Judith Schmidt Lehman, De Pere City Attorneys Office, De Pere

Municipalities Must Provide Original Electronic/Digital Copies under the Open Records Law WIREdata, Inc. v. Village of Sussex, 2007 WL 10110 (Wis.App.)(Slip Copy), Prof. Ramon A. Klitzke, Marquette U. Law School

State Supreme Court not well known, poll says

Dee J. Hall reports in today's Wisconsin State Journal on a poll commissioned by the Federalist Society

Appellate Opinions Released March 16, 2007

Neither the Wisconsin Supreme Court nor the Wisconsin Court of Appeals released any opinions today.

The Wisconsin Court of Appeals did not certify any questions today.

Appellate Opinions Released March 15, 2007

The Wisconsin Supreme Court released its opinion in State v. Townsend on this day. The Court dismissed the petition as improvidently granted because the defendant had absconded and could therefore not be made to respond to the court's judgment.

The Wisconsin Court of Appeals released these opinions on this day, but did not recommend any for publication.

The Wisconsin Court of Appeals did not certify any questions on this day.

Appellate Opinions Released March 14, 2007

The Wisconsin Supreme Court did not release any opinions on this day.

The Wisconsin Court of Appeals released these opinions on this day, recommending publication of the following:

State v. Bons (admissibility of evidence found in an automobile following a traffic stop).

Langone v. American Family Mut. Ins. Co. (insurance policy's pollution exclusion did not prevent coverage for death from carbon monoxide poisoning).

Hall v. Gregory A. Liebovich Living Trust (plaintiff not entitled as a matter of law to a raze order for a deck on a neighboring lakefront house that violates the setback provision of a restrictive covenant; monetary damages were sufficient).

The Wisconsin Court of Appeals did not certify any questions on this day.

Chief Justice Abrahamson's comments before Joint Committee on Finance

Madison, Wisconsin - March 14, 2007

Are Patents "Private Property" Under the Fifth Amendment?

Audio and video of this March 6, 2007 panel discussion in Washington, DC, presented by the Federalist Society's Intellectual Property Practice Group.

Appellate Opinions Released March 13, 2007

The Wisconsin Supreme Court released its opinion in Oneida County Dept. of Social Services v. Nicole W. today. The court addressed the termination of parental rights.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Eli Environmental Contractors, Inc. v. 435 Partners, LLC (consideration sufficient to support note).

Kainz v. Ingles (determining competency for purposes of allowing a guardian ad litem to accept a settlement offer).

The Court of Appeals did not certify any questions today.

State Consumer Protection Statutes

A Boon or Bane for Consumers?

Audio of this February 15, 2007 panel discussion presented by the Federalist Society's Litigation Practice Group and its Boston Lawyers Chapter.

Appellate Opinions Released March 12, 2007

Neither the Wisconsin Supreme Court nor the Wisconsin Court of Appeals released any opinions today. Also, the Court of Appeals did not certify any questions today.

Albers Introduces Reforms Aimed at State Supreme Court

State Representative Sheryl Albers (R – Reedsburg) announced [pdf] introduction of three proposed amendments to the Wisconsin Constitution.

The amendments would require all Supreme Court conferences to be open, prohibit the Court from imposing fees on attorneys to fund legal defense for the indigent, and prohibit a mandatory bar for all attorneys in Wisconsin.

(via The Wheeler Report)

Forum non conveniens

A district court can dismiss a claim on forum non conveniens grounds, without first considering whether it has jurisdiction over the action.

Negligence claim time-barred

A claim against an insurer alleging negligence does not relate back to a complaint seeking UIM benefits.

This Week in Liberal Judicial Activism: Week of March 12, 2007

Ed Whelan at Bench Memos.

Mr. Whelan was the featured speaker at our chapter's March 8th luncheon.

Public Interest Law Section opposes SB 8 and AB 30 - Employment Discrimination Against Unpardoned Felons

Our State Bar's Public Interest Law Section has announced it opposes SB 8 and AB 30, companion bills

permitting an educational agency to refuse to employ or to terminate from employment an unpardoned felon.

Our State Bar's Individual Rights and Responsibilities Section previously announced its opposition.

Criminal Law Section opposes AB1 - DNA Samples

Our State Bar's Criminal Law Section has announced it opposes AB1, a bill

Relating to requiring persons charged with a felony to provide a biological specimen for deoxyribonucleic acid analysis, inclusion of the analysis results in the Department of Justice deoxyribonucleic acid data bank, requiring the exercise of rule-making authority, and providing a penalty.

Public Interest Law Section supports SJR 2 - Equal Rights

Our State Bar's Public Interest Law Section Section has announced it supports SJR 2, a constitutional amendment

To amend section 1 of article I of the constitution; relating to: equal rights (first consideration).

Our State Bar's Individual Rights and Responsibilities Section previously announced its support.

Litigation Section opposes AB53 - Medical Apology

Our State Bar's Litigation Section has announced it opposes AB53, a bill

Relating to inadmissibility of a statement of apology or condolence by a health care provider.

Public Interest Law Section opposes AJR 17 - Photo ID for Voting

Our State Bar's Public Interest Law Section has announced it opposes AJR 17, a constitutional amendment

requiring a photographic identification to vote, or register to vote, at the polls on election day (second consideration).

Our State Bar's Individual Rights and Responsibilities Section previously announced its opposition.

Family Law Section supports AB29 - Modifications to Legal Custody/Physical Placement

Our State Bar's Family Law Section has announced it supports AB29, a bill

Relating to ordering modifications to legal custody or periods of physical placement contingent upon the occurrence of a specified future event or a specified change in conditions.

Public Interest Law Section supports AB4 - Payday Loan Finance Charge

Our State Bar's Public Interest Law Section has announced it supports AB4, a bill

Relating to finance charges for payday loans.

Update: The Elder Law Section also opposes the bill.

Marquette Law Review, Fall 2006

Vol. 90, No. 1 contained

Hooding Ceremony Remarks
by The Honorable Paul D. Clement, Solicitor General of the United States

Chasing the Illusory Pot of Gold at the End of the Rainbow: Negligence and Strict Liability in Design Defect Litigation
by Aaron D. Twerski

Questioning the Fundamental Right to Marry
by Joseph A. Pull

Faith, Justice, and the Teaching of Criminal Procedure
by Michael M. O'Hear

Navigating the "Impenetrable Jungle": Statutory Limits on Wisconsin Public Nuisance Actions
by Brigid W. Massaro

Reforming the Reform of the Cy Pres Doctrine: A Proposal to Protect Testator Intent
by Eric G. Pearson

No Closer to Clarity:The Establishment Clause and the Supreme Stumble in Van Orden v. Perry
by Brett B. Larsen

Appellate Opinions Released March 9, 2007

The Wisconsin Supreme Court released its opinion in Shannon E.T. v. Alicia M. V.M. today. The Court held that an unmarried man may not bring a paternity action (under Wis. Stat. sec. 767.45(1)) to establish he is the father of a stillborn child for the purpose of then bringing a wrongful death action. However, he may bring a motion to establish his parentage in the wrongful death case.

The Wisconsin Court of Appeals did not release any opinions today, nor did it certify any questions.