Monday, April 30, 2007
President-elect post goes to Diel, Connolly wins treasurer, La Fleur wins Judicial Council
Our State Bar reports these and other election results for its year beginning July 1.
2007 Annual Student Symposium audio
Audio of this event, held February 23-24 at Northwestern University School of Law
Opening Remarks
Debate: Religion in the Public Square
Panel: What is Morality? The Philosophical and Theological Foundations of Moral Debate
Panel: Moral Choices and the Eighth Amendment
Debate: Same-Sex Marriage: Marriage, Public Policy, and the Constitution
Panel: Government Promotion of Moral Issues
Panel: Morality of First Amendment Jurisprudence
Banquet, Presentation of Bator Award, and Keynote Speaker
Appellate Opinions Released April 30, 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.
The Court of Appeals did not certify any questions today.
Saturday, April 28, 2007
Liveblogging from the 2nd Annual Wisconsin Blogger Summit
Not by me, by The Triumvirate, two rows ahead; I've just now got technical help with the wireless connection.
Update: They've packed it in before the Noon panel; maybe it's a students on a warm Saturday afternoon thing.
"Are all voices being heard in the blogosphere?" is the next panel, with
Eugene Kane, Milwaukee Journal Sentinel columnist
Dasha Kelly, author and poet
Jennifer Morales, Milwaukee School Board
Mike Gousha notes audience white male.
Kane notes news organization seeks representative staff; would benefit blogosphere.
Kelly started blogging for her personal notes, e.g., for her poetry. Surprised there was a readership.
Morales says takes time for oppressed people to achieve benefit of elimination of barriers. She holds down gay Latina blog niche. Almost no Latino blogs, she attributes to disenfranchisement by demands of daily living.
Kane saw blogging as opportunity to be not only most hated black columnist but also most hated black blogger. Blog for topics he wouldn't use for his column.
Kelly sought out-of-ordinary in everyday, not a LiveJournal "what I ate today" but how she dealt with forgetting tooth fairy payment for daughter. Sees politics as making complexity where good policies are obvious.
Morales post on going to Canada to marry gay partner (motivated by "Catholic guilt") in United Church of Canada (their United Church of Christ affiliate) got positive feedback.
Kane notes Milwaukee's three black newspapers and black radio stations are not making much use of web, let alone blogging. Black barber shop and beauty shop rants would make blog material.
Questions from the audience:
What does it feel like to ba a target? Kane says used to being called racist, doesn't look for blog criticism, not really under siege. Morales coming out gay got extensive comment on its not being a story.
Is there more diversity in community forums rather than blogs? Morales agrees with Kane that it's not about access, it's about available time. MySpace mostly teens who have more time. Kelly says sense of community a draw; bloggers might explicitly solicit various kinds of feedback.
How encourage diversity in blogosphere? Kelly says inviting comment might lead commenters to go on to blogging. Kane says web chats might serve that purpose or be substitute for blogging.
Suggestion recruiting bloggers, with an eye on diversity.
Another suggestions linking to diversity of opinion.
"Future of blogging in Wisconsin" is the final panel:
Jay Bullock
Owen Robinson
Bullock announces after conference get-together, his next concert date, posted opening statement. Positives: increased cooperation and coordination of blogs, goals accountability of media and action in MeetSpace. Negatives/concerns: corporatization overshadowing citizen bloggers; groupthink, easy to seek out views confirming one's own; bloggers becoming tools of political campaigns, or what Brian Fraley called "free focus groups".
Robinson: personal medium, so no obligation to make it something else, or make it something for someone else.
Joint questions for audience.
Paid bloggers impact:
Paid media remains much better known and widely read than citizen bloggers, still has gatekeeper function for general public; bloggers would need to get paid media's attention.
Biggest spikes in traffic from link at another blogger, rather than a media blogger.
FoxSix blogmaster notes history of creation of mass media, might be means to get mass audience for mass of bloggers, notes whiteness of audience [and we won't even get a tan sitting inside on a warm sunny day]. Robinson says some citizen bloggers wary of media fora for bloggers. Bullock concurs.
Parallel to commercialization of pop music, limited range of opinion on left and right. Robinson draws parallel to rise of talk radio, outlet for opinions not being heard.
Journal Sentinel seeking a Pulitzer, any bloggers have a shot at it? Bullock suggests Josh Marshall, someday. Robinson suggests Tom McMahon.
Trackbacks and Comments build mutual traffic which helps influence of bloggers generally. Robinson cautions can make blogging a chore.
Trend of bloggers being picked up by media as columnists or other roles. Robinson notes no need for journalism credentials, judged by blog writing.
Political blogs at their best when self-critical, that is, of own party. Bullock says useful but not essential.
Trend to group blogging: Robinson has a partner in blogging, notes Badger Blog Alliance.
Becoming adjunct to campaigns more a problem in blogosphere than in paid media: Bullock notes editors or reporters sympathies but try to report straight story, bloggers have no such obligation. Robinson notes bloggers do not have editors, though is self-correcting function, e.g., commenters pointing out inconsistencies.
Net neutrality to avoid individuals in second tier internet: Bullock concurs.
Politicians downplay influence of blogs: Bullock says they might monitor but that isn't necessarily influence, bloggers not necessarily representative. Robinson says campaigns include an internet strategy, politicians dislike loss of control of message, suggests might be particular problem for Sen. Clinton.
Threats from blog readers: Robinson says occasionally. Bullock edits out some kinds of personal or job information.
Adjourned 1:30 p.m.
Update: They've packed it in before the Noon panel; maybe it's a students on a warm Saturday afternoon thing.
"Are all voices being heard in the blogosphere?" is the next panel, with
Eugene Kane, Milwaukee Journal Sentinel columnist
Dasha Kelly, author and poet
Jennifer Morales, Milwaukee School Board
Mike Gousha notes audience white male.
Kane notes news organization seeks representative staff; would benefit blogosphere.
Kelly started blogging for her personal notes, e.g., for her poetry. Surprised there was a readership.
Morales says takes time for oppressed people to achieve benefit of elimination of barriers. She holds down gay Latina blog niche. Almost no Latino blogs, she attributes to disenfranchisement by demands of daily living.
Kane saw blogging as opportunity to be not only most hated black columnist but also most hated black blogger. Blog for topics he wouldn't use for his column.
Kelly sought out-of-ordinary in everyday, not a LiveJournal "what I ate today" but how she dealt with forgetting tooth fairy payment for daughter. Sees politics as making complexity where good policies are obvious.
Morales post on going to Canada to marry gay partner (motivated by "Catholic guilt") in United Church of Canada (their United Church of Christ affiliate) got positive feedback.
Kane notes Milwaukee's three black newspapers and black radio stations are not making much use of web, let alone blogging. Black barber shop and beauty shop rants would make blog material.
Questions from the audience:
What does it feel like to ba a target? Kane says used to being called racist, doesn't look for blog criticism, not really under siege. Morales coming out gay got extensive comment on its not being a story.
Is there more diversity in community forums rather than blogs? Morales agrees with Kane that it's not about access, it's about available time. MySpace mostly teens who have more time. Kelly says sense of community a draw; bloggers might explicitly solicit various kinds of feedback.
How encourage diversity in blogosphere? Kelly says inviting comment might lead commenters to go on to blogging. Kane says web chats might serve that purpose or be substitute for blogging.
Suggestion recruiting bloggers, with an eye on diversity.
Another suggestions linking to diversity of opinion.
"Future of blogging in Wisconsin" is the final panel:
Jay Bullock
Owen Robinson
Bullock announces after conference get-together, his next concert date, posted opening statement. Positives: increased cooperation and coordination of blogs, goals accountability of media and action in MeetSpace. Negatives/concerns: corporatization overshadowing citizen bloggers; groupthink, easy to seek out views confirming one's own; bloggers becoming tools of political campaigns, or what Brian Fraley called "free focus groups".
Robinson: personal medium, so no obligation to make it something else, or make it something for someone else.
Joint questions for audience.
Paid bloggers impact:
Paid media remains much better known and widely read than citizen bloggers, still has gatekeeper function for general public; bloggers would need to get paid media's attention.
Biggest spikes in traffic from link at another blogger, rather than a media blogger.
FoxSix blogmaster notes history of creation of mass media, might be means to get mass audience for mass of bloggers, notes whiteness of audience [and we won't even get a tan sitting inside on a warm sunny day]. Robinson says some citizen bloggers wary of media fora for bloggers. Bullock concurs.
Parallel to commercialization of pop music, limited range of opinion on left and right. Robinson draws parallel to rise of talk radio, outlet for opinions not being heard.
Journal Sentinel seeking a Pulitzer, any bloggers have a shot at it? Bullock suggests Josh Marshall, someday. Robinson suggests Tom McMahon.
Trackbacks and Comments build mutual traffic which helps influence of bloggers generally. Robinson cautions can make blogging a chore.
Trend of bloggers being picked up by media as columnists or other roles. Robinson notes no need for journalism credentials, judged by blog writing.
Political blogs at their best when self-critical, that is, of own party. Bullock says useful but not essential.
Trend to group blogging: Robinson has a partner in blogging, notes Badger Blog Alliance.
Becoming adjunct to campaigns more a problem in blogosphere than in paid media: Bullock notes editors or reporters sympathies but try to report straight story, bloggers have no such obligation. Robinson notes bloggers do not have editors, though is self-correcting function, e.g., commenters pointing out inconsistencies.
Net neutrality to avoid individuals in second tier internet: Bullock concurs.
Politicians downplay influence of blogs: Bullock says they might monitor but that isn't necessarily influence, bloggers not necessarily representative. Robinson says campaigns include an internet strategy, politicians dislike loss of control of message, suggests might be particular problem for Sen. Clinton.
Threats from blog readers: Robinson says occasionally. Bullock edits out some kinds of personal or job information.
Adjourned 1:30 p.m.
Friday, April 27, 2007
State Bar Elder Law Section supports SB153 and AB279 Guardianship Reconciliation Bills
Our State Bar's Elder Law Section has announced it supports SB 153 and AB 279, companion bills
relating to: protective placements and protective services; involuntary administration of psychotropic medication; guardianships, conservatorships, and wards; and services for adults at risk and elder adults at risk.
Labels: Bar Watch
SCOTUScast: John Eastman and Erwin Chemerinsky on Gonzales v. Carhart
Audio of an April 20, 2007 discussion
On Wednesday, April 18, 2007, the United States Supreme Court issued its decision in a pair of abortion related cases: Gonzales v. Carhart et al. and Gonzales v. Planned Parenthood Federation of America, Inc., et al. In a 5-4 decision, the Court upheld the constitutionality of the Partial Birth Abortion Act on all challenged grounds. The Federalist Society offers a podcast analysis of the Court’s opinion featuring noted experts Chapman University Law School Professor John Eastman and Duke University School of Law Professor Erwin Chemerinsky.
Reading the Constitution Right
Stephen B. Presser, writing in City Journal about Justice Clarence Thomas.
Appellate Opinions Released April 27, 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.
The Court of Appeals did not certify any questions today.
Thursday, April 26, 2007
Appellate Opinions Released April 26, 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:
United Rentals, Inc. v. City of Madison (taxability of rental company's for-hire personal property).
The Court of Appeals did not certify any questions today.
The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:
United Rentals, Inc. v. City of Madison (taxability of rental company's for-hire personal property).
The Court of Appeals did not certify any questions today.
Appellate Opinions Released April 25, 2007
The Wisconsin Supreme Court released its order in Green for Wisconsin v. State of Wisconsin Elections Board on this day. Unusually, the order was accompanied by two concurrences. The order accepted the stipulated dismissal of Green for Wisconsin's challenge to the Elections Board's retroactive rule-making. Justice Prosser's concurrence detailed the Wisconsin Supreme Court's failure to address the petition prior to the election. Justice Crooks' concurrence took issue with that of Justice Prosser.
The Wisconsin Court of Appeals released these opinions on this day, recommending the following for publication:
Acuity, A Mutual Insurance Company v. Bagadia (scope of "advertising injuries" in insurance policy).
The Court of Appeals did not certify any questions on this day.
The Wisconsin Court of Appeals released these opinions on this day, recommending the following for publication:
Acuity, A Mutual Insurance Company v. Bagadia (scope of "advertising injuries" in insurance policy).
The Court of Appeals did not certify any questions on this day.
State Bar Public Interest Law Section supports SB129 Compassionate Care for Rape Victims
Our State Bar's Public Interest Law Section has announced it supports SB 129, a bill
Update: It also supports companion bill AB377.
relating to: requiring a hospital to provide to a sexual assault victim information and, upon her request, emergency contraception and providing a penalty.
Update: It also supports companion bill AB377.
Labels: Bar Watch
Judge Duane Benton on the Missouri Supreme Court's Dred Scott Decision
Audio of this April 19, 2007 event presented by the Kansas City Lawyers Chapter at Chappell's Restaurant, North Kansas City, MO
For the Kansas City Lawyers Chapter Third Thursday Luncheon, Judge Duane Benton of the United States Court of Appeals for the Eighth Circuit delivered a lecture on the Missouri Supreme Court's Dred Scott decision. [Scott vs. Emerson, 15 Mo., 682 (1852)]
Speaker: Judge Duane Benton, United States Court of Appeals for the Eighth Circuit
Political Tidbits April 19, 2007
The latest report
from The Hamilton Consulting Group.
State Budget Hearings Have Concluded; Committee to Begin Voting Soon
The Legislature Has Returned for Floor Periods on April 17 and April 24
Legislative Audit Bureau Recommends Oversight for State IT Projects
State-Local Tax Burden at a Record High
Extension Requested for SeniorCare
Senate Committee to Hear Testimony
Gov. Doyle Announces Energy Policy
Jan Alf Appointed Interim Director of Forward Wisconsin
Craig Thompson to Head Transportation Development Association
Commerce Appointments
Former Chief Justice Nathan Heffernan Passed Away on Friday, April 13
Criminal Defense Lawyers Support Jensen’s Request for a New Trial
from The Hamilton Consulting Group.
Wednesday, April 25, 2007
Are American Businesses a Threat to American Sovereignty?
Audio of an April 11, 2007 panel discussion at The National Press Club, Washington, DC
The panel will explore the practice of American businesses, having received an unfavorable outcome in U.S. courts or agencies, particularly in anti-competition cases, taking their disputes to multinational authorities (such as the EU) or to foreign courts and other international bodies. How prevalent is this practice? Does this practice undermine American sovereignty and the rule of law here at home? If so, is there something to be done about it, or is this merely the natural and unavoidable consequence of the globalization of industry and commerce? Our panel of experts will examine these and other related issues.
Panelists include:
Hon. Ronald A. Cass, President, Cass & Associates, PC and Dean Emeritus, Boston University School of Law
Mr. Bert Foer, President, American Antitrust Institute
Prof. Keith N. Hylton, Boston University School of Law
Mr. R. Hewitt Pate, Hunton & Williams
Ms. Lorraine Woellert, Business Week - (Moderator)
Tuesday, April 24, 2007
Appellate Opinions Released April 24, 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:
Hatch v. Hatch (application of the Uniform Child Custody Jurisdiction and Enforcement Act in determining proper forum to adjudicate custody of a child).
The Court of Appeals did not certify any questions today.
The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:
Hatch v. Hatch (application of the Uniform Child Custody Jurisdiction and Enforcement Act in determining proper forum to adjudicate custody of a child).
The Court of Appeals did not certify any questions today.
Marquette Lawyer, Spring/Summer 2007
This issue [60 pp. pdf] contains:
Dean's Column
Two Guys from Milwaukee (and Chicago)
A conversation between Father Wild and Dean Kearney
Religion and Government—An Ongoing Experiment
An interview with Professor Scott C. Idleman
Summer of Service: Marquette Law School Students in Public Service Law
Law School News
Alumni Class Notes
Alumni Profile
Cliff Steele, Marquette lawyer: Resilient. Resolute. Remarkable.
Donor Profile
Marybeth Anzich Mahoney remembers the past and secures
the future
Alumni Association and Alumni Awards
Commencement Remarks
Honorable Paul D. Clement
Solicitor General of the United States
Faith, Justice, and the Teaching of Criminal Procedure
Essay by Professor Michael M. O’Hear
Orientation Remarks
Steven M. Radke
Libraries: Stability and Change
Remarks of Nicholas C. Burckel
Dean Emeritus of Libraries
Voter backlash
John Fund in the Wall Street Journal discusses Wisconsin voters' recent rejection of judicial activism.
Monday, April 23, 2007
State Bar supports SB138 Medical Malpractice: Loss of Companionship
Our State Bar has announced it supports SB 138, a bill
relating to: claims for loss of society and companionship in medical malpractice cases.
Rationale: The State Bar of Wisconsin supports any legislation which would permit a parent to recover for loss of society and companionship of an adult child.
Labels: Bar Watch
War on Terror or War on Freedom?
Lew Rockwell of the Mises Institute addresses the Wisconsin Forum May 1, 2007
State banking laws preempted
The U.S. Supreme Court held that federal law preempts state laws regulating subsidiaries of national banks.
Tuesday, April 17, 2007
Appellate Opinions Released April 17, 2007
The Wisconsin Supreme Court did not release any opinions today.
The Wisconsin Court of Appeals released these opinions today, but did not recommend any for publication.
The Court of Appeals did not certify any questions today.
The Wisconsin Court of Appeals released these opinions today, but did not recommend any for publication.
The Court of Appeals did not certify any questions today.
Monday, April 16, 2007
Appellate Opinions Released April 16, 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.
The Court of Appeals did not certify any questions today.
Harrison Bergeron
I wonder why none of the mainstream media's coverage of Kurt Vonnegut mentions this little story.
Probation-only sentence vacated
The Seventh Circuit tosses yet another probation-only sentence imposed on a white-collar criminal.
"Equal payments" defined
A bubble payment in the final month of a Chapter 13 plan runs afoul of the "equal payment" requirement. But if the creditor doesn't object, the trustee's objection should be overruled.
Friday, April 13, 2007
Appellate Opinions Released April 13, 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.
The Court of Appeals did not certify any questions today.
Justice for Poor People
Our State Bar's President Steve Levine reports from the Equal Justice Conference.
On the WisTAFtax,
On the WisTAFtax,
Paying a mandatory assessment is not a pro bono act.
Are Judicial Elections a Threat to Judicial Independence?
Video of this debate, presented November 2, 2006 at Kilpatrick Stockton LLP, Atlanta, GA, by The Federalist Society's Atlanta Lawyers Chapter, the Southeastern Legal Foundation and the Georgia Public Policy Foundation.
Justice Harold F. See, Jr., Alabama State Supreme Court
Jay Cook, President, State Bar of Georgia
Leonard A. Leo, Executive Vice President of The Federalist Society, moderator
Thursday, April 12, 2007
The Verdict (Vol 30:1, Winter 2007)
From the Wisconsin Academy of Trial Lawyers
The U.S. Supreme Court Holds That Medicaid Liens are Subject to the Defense of Contributory Negligence
Settlement Practice Under Schulte v. Frazin in Light of Paulson and Baumgarten
Paralegal Resource: Helping Clients with Common Property Damage Questions & Protocols Established Now Can Save Heartache Later
Appellate Opinions Released April 12, 2007
The Wisconsin Supreme Court did not release any opinions today.
The Wisconsin Court of Appeals released these opinions today, but did not recommend any of them for publication.
The Court of Appeals did not certify any questions today.
The Wisconsin Court of Appeals released these opinions today, but did not recommend any of them for publication.
The Court of Appeals did not certify any questions today.
Wednesday, April 11, 2007
Appellate Opinions Released April 11, 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:
Dyer v. Law (a stipulated dismissal order allowing the plaintiff to re-file one of the dismissed claims after resolution of the appeal is not a final order appealable as of right).
The Court of Appeals did not certify any questions today.
The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:
Dyer v. Law (a stipulated dismissal order allowing the plaintiff to re-file one of the dismissed claims after resolution of the appeal is not a final order appealable as of right).
The Court of Appeals did not certify any questions today.
Marquette Law Review, Volume 90 Number 2 (Winter 2006)
EXPERT TESTIMONY AND THE RELEVANCY RULE IN THE AGE OF DAUBERT
Daniel D. Blinka: Published on Page 173
EXPERT THE SKY REMAINS INTACT: WHY ALLOWING SUBGROUP EVIDENCE IS CONSISTENT WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT
Sandra S. Sperino: Published on Page 227
LIMITED LIABILITY COMPANY CITIZENSHIP: RECONSIDERING AN ILLOGICAL AND INCONSISTENT CHOICE
Debra R. Cohen: Published on Page 269
CRITICIZING THE CRITICS: SARBANES-OXLEY AND QUACK CORPORATE GOVERNANCE
J. Robert Brown, Jr.: Published on Page 309
A NEW ROUTINE: ASSISTING PATIENTS IN RESPONDING TO PRENATAL DIAGNOSIS
Angela M. Hannemann: Published on Page 337
HUNTER V. HUNTER: THE CASE FOR DISCRIMINATORY NONRESIDENT HUNTING REGULATIONS
Jodi A. Janecek: Published on Page 355
THE ICEBERG EMERGED: WISCONSIN'S EXTENSION OF RISK CONTRIBUTION THEORY BEYOND DES
Laura L.Worley: Published on Page 383
Tuesday, April 10, 2007
Is the Military Commissions Act Constitutional?
Audio of this San Francisco Lawyers Chapter event presented April 5, 2007 at The Bankers Club of San Francisco
Congress passed the Act to overrule Hamdan v. Rumsfeld and to divest federal courts of jurisdiction over detainees at Guantanamo Bay. These scholars will debate whether the Act is constitutional. ...
Prof. Jesse Choper, Boalt Hall School of Law
Prof. John Yoo, Boalt Hall School of Law
Wisconsin Law Review, Volume 2006 Number 6
Articles
Coercion in the Ranks: The Establishment Clause Implications
of Chaplain-Led Prayers at Mandatory Military Events
William Dobosh, Jr.
Bringing Coherence to Mens Rea Analysis for Securities-Related Offenses
Michael L. Seigel
Comment
Get Cash Until Payday!: The Payday-Loan Problem in Wisconsin
Kelly Noyes
Note
Untangling Charlotte's Web: Balancing the Confidentiality Rights of Patients and Third-Party Negligent Therapy Claims in Johnson v. Rogers Memorial Hospital
Liza Roberson-Young
Appellate Opinions Released April 10, 2007
The Wisconsin Supreme Court did not release any opinions today.
The Wisconsin Court of Appeals released these opinions today, but did not recommend any for publication.
The Court of Appeals did not certify any questions today.
The Wisconsin Court of Appeals released these opinions today, but did not recommend any for publication.
The Court of Appeals did not certify any questions today.
Monday, April 09, 2007
This should get reversed
A one-party consent recording of a schoolbus driver abusing a child with Down Syndrome is inadmissible in court.
Oh, my!
Among the reasons given for a recent below-guideline sentence was the following: “Finally, defendant was African-American, as are the vast majority of those sentenced for trafficking in crack while powder cocaine offenders are usually white. This raised the specter of racial disparity, the most pernicious type.”
Needless to say, this is not a constitutionally permissible reason.
Needless to say, this is not a constitutionally permissible reason.
Using Race As A Factor In Grade School Student Placement?
Audio of this March 22, 2007 Marquette Student Chapter event. Prof. Scott Moss of Marquette University Law School and Prof. Michael Krauss of George Mason Law School discussed two recent U.S. Supreme Court cases: Parents Involved in Community Schools v. Seattle School District and Meredith v. Jefferson County Board of Education.
Intellectual Property Law Review, Winter 2007
Vol. 11, No. 3 contained
Why Do We Have Trade Secrets?
by Michael Risch
International Copyright Law and Litigation: A Mechanism for Improvement
by Roberto Garza Barbosa
The Proper Scope of Patentability in International Law
by Shawn J. Kolitch
What Is Patentable Subject Matter? The Supreme Court Dismisses LabCorp v. Metabolite Laboratories, But the Issue Is Not Going Away
Case Note by Sue Ann Mota
Breaking the Law to Break into the Black: Patent Infringement as a Business Strategy
Comment by Eric C. Wrzesinski
Gone in a Blink: The Overlooked Privacy Problems Caused by Contactless Payment Systems
by Shane L. Smith
Winner of the Computer Law Association Information Technology Law Writing Competition
Sunday, April 08, 2007
Oral argument week of April 8, 2007
The Wisconsin Supreme Court has scheduled oral argument in the following.
Synopses of the above and live audio of arguments are available.
Petitions Scheduled For Public Hearing:
WEDNESDAY, APRIL 11, 2007
09:45 a.m. Trinity Petroleum, Inc. v. Scott Oil Company, Inc., 05AP2837
10:45 a.m. Kristie L. M., et al. v. Dennis E. M., 05AP1034
01:30 p.m. State v. Marcus W. Johnson, 05AP1492-CR
Synopses of the above and live audio of arguments are available.
Petitions Scheduled For Public Hearing:
04/12/2007 9:30 AM
In the Matter of the Petition of the State Bar of Wisconsin to Amend Chapter 20 of the Supreme Court Rules, Rule No. 06-06
In the matter of the Petition of US Administrative Law Judges to Amend SCR 10.03(3)(a), Rule No. 06-09
Saturday, April 07, 2007
Marquette Law, WisPolitics to Convene Second Wis. Blog Summit on April 28
Attendance is free and open to all interested parties, but attendees must register in advance ...
The State of the News Media 2007
The State of the News Media 2007 is the fourth edition of our [The Project for Excellence in Journalism] annual report on the health and status of American journalism.
Friday, April 06, 2007
The U.S. Attorney Controversy
Audio of a March 27, 2007 panel discussion at the National Press Club, Washington, DC
Each day brings added controversy over the recent dismissal of eight U.S. Attorneys. Congressional oversight hearings in both chambers seem inevitable, and the scope of those hearings, including the extent of testimony by key Administration staffers, is being hotly debated. Was the President entitled to dismiss the U.S. Attorneys? Are there any limitations on the Executive's authority over the employment status of political appointees? Is the answer different if the U.S. Attorney at issue is currently leading, has decided not to pursue, or has recently concluded a politically-sensitive criminal investigation? How and by whom should the limits of Congressional oversight and Executive Privilege be determined? Our panel of experts will examine these and other important questions.
Panelists include:
Mr. Mark Agrast, Center for American Progress
Mr. Andrew McCarthy, National Review Online and former Chief Assistant U.S. Attorney
Prof. Jonathan Turley, George Washington School of Law
Mr. M. Edward Whelan III, President, Ethics and Public Policy Center
Mr. Leonard A. Leo, The Federalist Society (Moderator)
Appellate Opinions Released April 6, 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 either.
The Court of Appeals did not certify any questions today either.
Thursday, April 05, 2007
Fair-weather Federalism
Audio of a March 30, 2007 panel discussion at the U.S. Capitol
There is a longstanding debate on the appropriate division of power between the Federal Government and the various state governments. The debate has intensified as commerce and social interactions have become increasingly regional and then national. But what principles should guide the determination of whether the Federal or state governments govern? And is the answer consistent regardless of the area of regulation – that is, do the principles apply in the same manner to environmental regulation, the federalization of crime, marriage, and business regulation? These and other important federalism questions will be discussed by our panelists.
Dr. Michael S. Greve, American Enterprise Institute
Mr. Douglas T. Kendall, Community Rights Counsel
Hon. Theodore B. Olson, Gibson, Dunn & Crutcher LLP
Prof. Jonathan R. Turley, George Washington University Law School
Hon. David M. McIntosh, Mayer, Brown, Rowe & Maw LLP (Moderator)
No Golden Handcuff
Our State Bar's executive director George C. Brown in Wisconsin Lawyer
It is my belief that mandatory bars have a greater obligation to provide members with useful services than do voluntary bars precisely because we already have your money.
Policy Questions
Rebecca Mowbray in The Times-Picayune, New Orleans, on how
in areas hit by Hurricane Katrina.
(via Insurance Coverage Blog)
Insurance companies face legal challenges over whether wind coverage operates in tandem with flood coverage
in areas hit by Hurricane Katrina.
(via Insurance Coverage Blog)
The Limitations on State Medical Organizations' Ability to Regulate Expert Testimony by Physicians:
Fullerton v. The Florida Medical Assoc., 938 So. 2d 587 (Fla. App. 1st Dist. 2006)
Karen C. Duncan with This Week's Feature in DRI's The Voice
Karen C. Duncan with This Week's Feature in DRI's The Voice
Appellate Opinions Released April 5, 2007
The Wisconsin Supreme Court did not release any opinions today.
The Wisconsin Court of Appeals released these opinions today, but did not recommend any of them for publication.
The Court of Appeals did not certify any questions today.
The Wisconsin Court of Appeals released these opinions today, but did not recommend any of them for publication.
The Court of Appeals did not certify any questions today.
Wednesday, April 04, 2007
State Bar dues remain unchanged for fourth year, court assessments slide up and down
Our State Bar announced
State Bar dues remain at $224 for active members for the fourth year in a row. ...
The fees for full active licenses for lawyers in practice for three or more years include: $13 to the BBE, unchanged from last year; $144 to the OLR, up $15 from last year; and $16 to the Wisconsin Lawyers’ Fund for Client Protection, down $9 from last year. The court assesses all active-licensed attorneys $50 for the Public Interest Legal Services Fund, paid to the Wisconsin Trust Account Foundation, to provide funding for civil legal services for people who cannot afford an attorney. ...
Supreme Court appoints chief judges
In the Fourth Judicial District, which encompasses Calumet, Fond du Lac, Manitowoc, Sheboygan and Winnebago counties, Deputy Chief Judge Darryl W. Deets, Manitowoc County, succeeds Chief Judge L. Edward Stengel, Sheboygan County. ...
In the Fifth Judicial District, which encompasses Dane, Green, Lafayette and Rock counties, Judge C. William Foust, Dane County, succeeds Chief Judge Michael N. Nowakowski, Dane County. ...
In the Seventh Judicial District, which encompasses Buffalo, Crawford, Grant, Iowa, Jackson, La Crosse, Monroe, Pepin, Pierce, Richland, Trempealeau and Vernon counties, Judge William D. Dyke, Iowa County, succeeds Chief Judge Michael Rosborough. ...
Appellate Opinions Released April 4, 2007
The Wisconsin Supreme Court did not release any opinions today.
The Wisconsin Court of Appeals released these opinions today, but did not recommend them for publication.
The Court of Appeals did not certify any questions today.
The Wisconsin Court of Appeals released these opinions today, but did not recommend them for publication.
The Court of Appeals did not certify any questions today.
Our tenth anniversary online
This year marks the twenty-fifth anniversary of the founding of the Federalist Society for Law & Public Policy Studies and the fifteenth anniversary of the founding of its Milwaukee Lawyers Chapter. Less significant, of course, but today marks ten years since we first published our chapter's web site.
A Conversation on the Constitution
Perspectives from Active Liberty and A Matter of Interpretation
with Supreme Court Justices Stephen Breyer and Antonin Scalia
Video and audio of this event, presented December 5, 2006 in the Capitol Hilton Ballroom, Washington, DC, by the Federalist Society and the American Constitution Society.
with Supreme Court Justices Stephen Breyer and Antonin Scalia
Video and audio of this event, presented December 5, 2006 in the Capitol Hilton Ballroom, Washington, DC, by the Federalist Society and the American Constitution Society.
Tuesday, April 03, 2007
Administrative Register effective April 1, 2007, and decisions
The Revisor of Statutes Bureau has issued the first/second half of No. 615 [28 pp. pdf].
Since the last previous register, there have been posted:
Equal Rights Decisions
Unemployment Insurance Decisions
Since the last previous register, there have been posted:
Equal Rights Decisions
Unemployment Insurance Decisions