Friday, November 30, 2007
The Revisor of Statutes Bureau has issued the second half of Administrative Register No. 623 [32 pp. pdf].
Bills enacted November 28, 2007, Act 36
Act 36 Health insurance coverage of a full-time student on medical leave.
The Third Branch, Fall 2007
The latest issue [17 pp. pdf] of the quarterly newsletter of the Wisconsin Court System.
Thursday, November 29, 2007
NLG Film: "The Paper Chase" w/discussion
On the University of Wisconsin Law School events calendar, a presentation in the National Lawyers Guild Social Justice Film Series.
A discussion on "Surviving Law School While Being True to Yourself" is to follow.
The very environment of the classroom is intimidating and scary for most of us. It's confusing and causes even the most competent and brilliant students to doubt whether they made the right decision.
A discussion on "Surviving Law School While Being True to Yourself" is to follow.
Mark Behrens on 'Hall Street Associates v. Mattel'
November 20, 2007 SCOTUScast video
On November 7th, 2007, the Supreme Court heard oral arguments in the Hall Street Associates v. Mattel case. The Court was asked to consider whether or not a federal court can enforce an arbitration agreement that provides for more expansive judicial review of an arbitration award than the narrow standard of review provided for in the Federal Arbitration Act. In this episode of SCOTUScast, Mark Behrens, a partner at the DC based law firm, Shook Hardy & Bacon, offers his own analysis of the case.
Wednesday, November 28, 2007
Proposed Amendment to Wis. Stat. Rule 809.18 (Voluntary Dismissal)
07-15, listed has having been heard November 27, 2007
State Court Docket Watch November 2007
In this issue [32 pp. pdf]
Missouri Looks to Reform the Missouri Plan, by Jonathan Bunch
Gay Marriage Update: Iowa & Maryland, by John Shu
Missiouri Supreme Court Unanimously Upholds Statute In Part Creating Civil Liability for Abortion Providers, by Matthew J. Brooker
Missouri and New Jersey Courts Reject "Market Share" Liability for Lead Paint Manufacturers by Brian P. Brooks
Michigan Supreme Court Upholds Voter Phote ID Law
Parental Law in the States: Maryland, Minnesota, Pennsylvania, by James A. Haynes
Tribal Sovereign Immunity Does Not Bar California's Suit over Campaign Contribution Disclosure Violations, by Tom Gede
Court Bars California Governments from Retaining Private Contingency-Fee Counsel in Nuisance Suits, by Tom Gede
Nevada Legislature Passes Proposal to Change Judicial Selection Process, by Matthew D. Saltzman
Proposals to End Judicial Elections in Minnesota
Is the Tennessee Plan Constitutional? by Maclin P. Davis, Jr.
Judicial Selection Litigation in New York, by Benjamin L. Ginsburg & John Hilton
Missouri Looks to Reform the Missouri Plan, by Jonathan Bunch
Gay Marriage Update: Iowa & Maryland, by John Shu
Missiouri Supreme Court Unanimously Upholds Statute In Part Creating Civil Liability for Abortion Providers, by Matthew J. Brooker
Missouri and New Jersey Courts Reject "Market Share" Liability for Lead Paint Manufacturers by Brian P. Brooks
Michigan Supreme Court Upholds Voter Phote ID Law
Parental Law in the States: Maryland, Minnesota, Pennsylvania, by James A. Haynes
Tribal Sovereign Immunity Does Not Bar California's Suit over Campaign Contribution Disclosure Violations, by Tom Gede
Court Bars California Governments from Retaining Private Contingency-Fee Counsel in Nuisance Suits, by Tom Gede
Nevada Legislature Passes Proposal to Change Judicial Selection Process, by Matthew D. Saltzman
Proposals to End Judicial Elections in Minnesota
Is the Tennessee Plan Constitutional? by Maclin P. Davis, Jr.
Judicial Selection Litigation in New York, by Benjamin L. Ginsburg & John Hilton
Miller Baker on 'Washington State Grange v. Washington State Republican Party'
November 20, 2007 SCOTUScast video
On October 1st, 2007, the Supreme Court heard oral arguments in the Washington State Grange v. Washington State Republican Party case. The Court was asked to consider whether or not Washington's "modified blanket primary" system violates the First and Fourteenth Amendment right to freedom of association by denying political parties control over which candidates to endorse? In this episode of SCOTUScast, Miller Baker, a partner in the DC based law firm, McDermott Will & Emery, offers his own analysis of the case.
Tuesday, November 27, 2007
Engage Volume 8, Issue 4, October 2007
The latest issue of the Federalist Society's practice groups is now posted online [160 pp. pdf]. In this issue
members and others review the Supreme Court’s last term and recent developments in the federal and state courts, as well as news in the public policy realm. Harry J.F. Korrell, who successfully represented the plaintiffs in the Seattle schools case, provides a recounting of the issues at stake in the headline-making decision. Roger Clegg of the Center for Equal Opportunity and Wade Henderson of the Leadership Conference on Civil Rights, in a point-counterpoint, debate the fate of affirmative action hiring practices in the new Court era. Steve Erickson of Yale reviews the Court’s mental health rulings. Professors Josh Wright and Robert Miller consider the Court’s antitrust rulings in light of the larger trend and influence of Chicago School economics. Washington Assistant Attorney General Geoffrey Hymans considers the issues at stake in a recent ban on violent video games. Professor F. Scott Kieff argues that intellectual property rights can help those interested in conservation and world health. And former Assistant Attorney General Jack Park recounts his experience with class actions, and the problem of attorneys’ fees. Also: reviews of Clint Bolick’s The Case for an Activist Judiciary, Louis Seidman’s Silence and Freedom, Michael Ramsey’s The Constitution’s Text in Foreign Affairs, Stuart Taylor’s Until Proven Innocent, and The Founders on Citizenship and Immigration.
Appellate Opinions Released November 27, 2007
The Wisconsin Supreme Court did not release any opinions.
The Wisconsin Court of Appeals released these opinions, but did not recommend any for publication.
The Wisconsin Court of Appeals released these opinions, but did not recommend any for publication.
Oral argument November 28, 2007
The Wisconsin Supreme Court has scheduled oral argument in the following.
9:45 a.m. Gregory A. Liebovich v. Minnesota Insurance Co., et al. (06AP405)
10:45 a.m. Wisconsin Department of Revenue v. Menasha Corp. (04AP3239)
1:30 p.m. Wisconsin Realtors Assoc., et al. v. Town of West Point (06AP2761)
Synopses of the above and live audio of arguments are available. WisconsinEye has live video and audio of arguments.
The Wisconsin Court of Appeals [pdf] has scheduled oral argument in the following at Dist. I, 633 W. Wisconsin Ave., #1400, Milwaukee.
10:30 a.m. State of Wisconsin v. Robert T. (2006AP2206)
9:45 a.m. Gregory A. Liebovich v. Minnesota Insurance Co., et al. (06AP405)
10:45 a.m. Wisconsin Department of Revenue v. Menasha Corp. (04AP3239)
1:30 p.m. Wisconsin Realtors Assoc., et al. v. Town of West Point (06AP2761)
Synopses of the above and live audio of arguments are available. WisconsinEye has live video and audio of arguments.
The Wisconsin Court of Appeals [pdf] has scheduled oral argument in the following at Dist. I, 633 W. Wisconsin Ave., #1400, Milwaukee.
10:30 a.m. State of Wisconsin v. Robert T. (2006AP2206)
Monday, November 26, 2007
1.8 million pages of federal case law to become freely available
Public.Resource.Org and Fastcase, Inc. announced today that they will release a large and free archive of federal case law, including all Courts of Appeals decisions from 1950 to the present and all Supreme Court decisions since 1754. The archive will be public domain and usable by anyone for any purpose. ...
This corpus will be integrated into the ongoing public services from organizations such as AltLaw and the Legal Information Institute, thus providing continuity of coverage into the future. ...
(via WisBlawg)
Oral argument November 27, 2007
The Wisconsin Supreme Court has scheduled oral argument in the following.
9:45 a.m. Berner Cheese Corp. v. Lyle A. Krug, et al. (05AP1527)
10:45 a.m. Estate of James H. Matteson v. Robert Matteson, et al. (05AP2607)
1:30 p.m. Shannon Nichols, et al. v. Progressive Northern Ins., et al. (06AP364)
Synopses of the above and live audio of arguments are available. WisconsinEye has live video and audio of arguments.
9:45 a.m. Berner Cheese Corp. v. Lyle A. Krug, et al. (05AP1527)
10:45 a.m. Estate of James H. Matteson v. Robert Matteson, et al. (05AP2607)
1:30 p.m. Shannon Nichols, et al. v. Progressive Northern Ins., et al. (06AP364)
Synopses of the above and live audio of arguments are available. WisconsinEye has live video and audio of arguments.
Rules Hearings November 27, 2007 9:30 a.m.
07-07 [3 pp. pdf] In re amendment of SCR 32.01 filed 06/05/07 by David A. Flesch, President, Wis. Assoc. of Judicial Court Commissioners and Patricia M. Crowe, President, Wis. Family Court Commissioners Association
07-08 [2 pp. pdf] and 07-08 amended [2 pp. pdf] In the Matter of the Petition for Amendment to Supreme Court Rule SCR 31.04 Relating to Creation of a Comity Rule for Continuing Legal Education filed 06/18/07 by John E. Kosobucki, Director, Board of Bar Examiners; Amended petition filed on 11/14/07 [same link and appears identical]
07-08 [2 pp. pdf] and 07-08 amended [2 pp. pdf] In the Matter of the Petition for Amendment to Supreme Court Rule SCR 31.04 Relating to Creation of a Comity Rule for Continuing Legal Education filed 06/18/07 by John E. Kosobucki, Director, Board of Bar Examiners; Amended petition filed on 11/14/07 [same link and appears identical]
Friday, November 23, 2007
Of horses' teeth and liberty
The 'Lexington' column in The Economist says "The home of unbridled capitalism has more red tape than you think".
Many of the effects of regulation are hard to measure. But a deeper problem is that politicians often don't try very hard to weigh costs against benefits at all. After an exhaustive study of American regulations, Robert Hahn of the American Enterprise Institute, a think-tank, concluded that quite a lot of cost-benefit analysis is done, but it is sometimes shoddy and politicians often ignore it.
Politicians are reluctant to be seen opposing almost any rule aimed at thwarting terrorists, or to allow economists to put a price on a human life (hence all the health-care rules) or a pristine landscape. And even the worst regulation usually heaps benefits on a small group, while its costs are widely spread. The beneficiaries thus lobby hard to keep each rule, while its victims do nothing. The late Mancur Olson, an economist, predicted that interest groups will grow in number until they cause their host society to slip into economic decline.
Wednesday, November 21, 2007
Appellate Opinions Released November 21, 2007
The Wisconsin Supreme Court did not release any opinions.
The Wisconsin Court of Appeals released these opinions, recommending publication of the following:
State v. Weidman (Wisconsin Statutes are the official laws of the State of Wisconsin. I know, but you heard it here first.)
The Wisconsin Court of Appeals released these opinions, recommending publication of the following:
State v. Weidman (Wisconsin Statutes are the official laws of the State of Wisconsin. I know, but you heard it here first.)
Appellate Opinions Released November 20, 2007
The Wisconsin Supreme Court did not release any opinions.
The Wisconsin Court of Appeals released these opinions, recommending the following for publication:
State v. Ndina (court's removal of a defendant's disruptive family members from his trial raises a Sixth Amendment public trial issue only in the context of whether defendant's counsel was ineffective for failing to object when the court ordered the removal).
Anderson v. Quinn (merger of title; actual notice of prior right in property; indefiniteness of easement in context of statute of frauds).
The Wisconsin Court of Appeals released these opinions, recommending the following for publication:
State v. Ndina (court's removal of a defendant's disruptive family members from his trial raises a Sixth Amendment public trial issue only in the context of whether defendant's counsel was ineffective for failing to object when the court ordered the removal).
Anderson v. Quinn (merger of title; actual notice of prior right in property; indefiniteness of easement in context of statute of frauds).
PDFs are not "photocopies"
Even though the PDF technology is the same as that used by a modern digital photocopier, and old analog photocopiers are no longer in production, a PDF is not a photocopy, and the cost of producing them cannot be recovered as "costs" by a prevailing party.
Alcohol ban in new strip clubs unlawful
A village can't bar new strip clubs from selling booze, while allowing existing clubs to continue to do so.
Tuesday, November 20, 2007
Foundation inducts 2007 Class of Fellows; guest speaker cites the need for embryonic stem cell research
Our State Bar's newsletter reports on this Wisconsin Law Foundation event. The Foundation is described as
Guest speaker Robyn S. Shapiro
dedicated to enhancing, promoting, funding, and developing charitable and educational programs to promote public understanding of the law.
Guest speaker Robyn S. Shapiro
spoke about embryonic stem cell research. "Ideally in most circumstances there would be a lot of overlap in that the law would reflect what would be the optimal ethical resolution of a dilemma," she said. "That does not always happen because sometimes we do not have consensus in society."
Citing abortion as one of the areas where it is impossible to draw lines about what behavior should be allowed, she noted that Britain has legalized stem cell research and permits cloning and that other European countries have much more lenient policies than does our country.
Noting that researchers ultimately could begin leaving this country if the policy is not changed, she said, "The biggest ethical issue regarding stem cell research may well be missed potential opportunities, which would be the case if these restrictions preclude or even just delay investigation that might lead to cures or amelioration of many diseases thought to be amenable to the promise of stem cell therapy."
Monday, November 19, 2007
Does Death Penalty Save Lives? A New Debate
Adam Liptak in yesterday's New York Times
(via Althouse)
According to roughly a dozen recent studies, executions save lives. For each inmate put to death, the studies say, 3 to 18 murders are prevented.
The effect is most pronounced, according to some studies, in Texas and other states that execute condemned inmates relatively often and relatively quickly.
(via Althouse)
Bills enacted November 16, 2007, Acts 31-34
Act 31 Continuing education for dentists and granting rule-making authority.
Act 32 Motor vehicle manufacturers, importers, distributors, and dealers.
Act 33 Neighborhood electric vehicles.
Act 34 The disclosure of certain library records to law enforcement officers.
Act 32 Motor vehicle manufacturers, importers, distributors, and dealers.
Act 33 Neighborhood electric vehicles.
Act 34 The disclosure of certain library records to law enforcement officers.
Does the Attorney-Client Privilege Protect Communications Among the Attorney, Client, and Public Relations Consultant?
by Angela R. Rogers, of Bradley Arant Rose & White LLP, Montgomery, Alabama
This Week's Feature, DRI's The Voice, November 14, 2007, Vol. 6, Issue 45
This Week's Feature, DRI's The Voice, November 14, 2007, Vol. 6, Issue 45
Saturday, November 17, 2007
2007 National Lawyers Convention
Shining City Upon a Hill: American Exceptionalism
Convention program with video and audio
The Madisonian Precedent
by Jonathan Adler at Bench Memos 11/17 09:14 AM
The Chief Speaks--But What Does He Say?
posted by Matthew J. Franck at Bench Memos 11/16 08:25 PM
Chief Justice John Roberts remarks to the Federalist Society
liveblogged by Alexham at RedState
(Perhaps because a hisory major is such a common prelude to law school, the Chief Justice referred to the Republican Party of President Madison's time without explanation.)
A Constitutional Amendment on Foreign Law
Jonathan Adler at The Volokh Conspiracy, November 17, 2007 at 9:46am, reports on a proposal from a Convention panel discussion
Rudy's Naked Spot
by Kathryn Jean Lopez at The Corner 11/16 03:35 PM
Giuliani to Federalists: Nation needs more justices like Scalia, Thomas, Alito & Roberts
Mark Memmott and Jill Lawrence at USA Today link to a transcript provided by the Giuliani campaign of Rudy Giuliani, to the Federalist Society on Nov. 16, 2007 during this year's National Lawyers Convention in Washington, DC. [12 pp. pdf]
(I met Steve "Feddie" Dillard, of the late Southern Appeal weblog, at a morning meeting.)
Justice Thomas to Federalist Society: 'What Happened to My Life?'
by Joe Palazzolo, Legal Times, November 16, 2007
Let's Do the Time Warp Again
by Dana Milbank, Washington Post, November 16, 2007
on the media board at the convention
Remarks of Justice Scalia, Justice Thomas, and Justice Alito to the Federalist Society
liveblogged by Alexham at RedState
Federalists Relish Well-Placed Friends
by Robert Barnes, Washington Post, November 16, 2007
President Bush Delivers Remarks at Federalist Society's 25th Annual Gala
Union Station, Washington, D.C., with audio and video links
(I saw Ed Whelan at the convention and asked his plans for his "This Week in Liberal Judicial Activism" feature at National Review's Bench Memos weblog. He didn't indicate any definite plans. I'd suggest after a year they might be collected like Matthew J. Franck's The Perennial Publius [80 pp. pdf], his series on posts on each of number of The Federalist.)
Benchmarks of judicial elections?
commentary by Dan Pero, The Washington Times, November 15, 2007
on the media board at the convention
Justice for Sale
by Sandra Day O'Connor, Opinion Journal, November 15, 2007
on the media board at the convention
Convention program with video and audio
The Madisonian Precedent
by Jonathan Adler at Bench Memos 11/17 09:14 AM
The Chief Speaks--But What Does He Say?
posted by Matthew J. Franck at Bench Memos 11/16 08:25 PM
Chief Justice John Roberts remarks to the Federalist Society
liveblogged by Alexham at RedState
(Perhaps because a hisory major is such a common prelude to law school, the Chief Justice referred to the Republican Party of President Madison's time without explanation.)
A Constitutional Amendment on Foreign Law
Jonathan Adler at The Volokh Conspiracy, November 17, 2007 at 9:46am, reports on a proposal from a Convention panel discussion
Rudy's Naked Spot
by Kathryn Jean Lopez at The Corner 11/16 03:35 PM
Giuliani to Federalists: Nation needs more justices like Scalia, Thomas, Alito & Roberts
Mark Memmott and Jill Lawrence at USA Today link to a transcript provided by the Giuliani campaign of Rudy Giuliani, to the Federalist Society on Nov. 16, 2007 during this year's National Lawyers Convention in Washington, DC. [12 pp. pdf]
(I met Steve "Feddie" Dillard, of the late Southern Appeal weblog, at a morning meeting.)
Justice Thomas to Federalist Society: 'What Happened to My Life?'
by Joe Palazzolo, Legal Times, November 16, 2007
Let's Do the Time Warp Again
by Dana Milbank, Washington Post, November 16, 2007
on the media board at the convention
Remarks of Justice Scalia, Justice Thomas, and Justice Alito to the Federalist Society
liveblogged by Alexham at RedState
Federalists Relish Well-Placed Friends
by Robert Barnes, Washington Post, November 16, 2007
President Bush Delivers Remarks at Federalist Society's 25th Annual Gala
Union Station, Washington, D.C., with audio and video links
(I saw Ed Whelan at the convention and asked his plans for his "This Week in Liberal Judicial Activism" feature at National Review's Bench Memos weblog. He didn't indicate any definite plans. I'd suggest after a year they might be collected like Matthew J. Franck's The Perennial Publius [80 pp. pdf], his series on posts on each of number of The Federalist.)
Benchmarks of judicial elections?
commentary by Dan Pero, The Washington Times, November 15, 2007
on the media board at the convention
Justice for Sale
by Sandra Day O'Connor, Opinion Journal, November 15, 2007
on the media board at the convention
Administrative Register effective November 15, 2007
The Revisor of Statutes Bureau has issued the first half /second half of Administrative Register No. 623 [42 pp. pdf].
Friday, November 16, 2007
Appellate Opinions Released November 14, 2007
The Wisconsin Supreme Court did not release any opinions.
The Wisconsin Court of Appeals released these opinions, recommending the following for publication:
State v. Torkelson (defendant was not in police custody during conversation in police station lobby when he was not under arrest and had not been told he could not leave).
State v. Ramel (before imposing a fine court must ascertain that the defendant has the ability to pay it).
Keene v. Sippel (court may grant default judgment without first striking an answer filed after the statutory deadline).
Zurich American Ins. Co. v. Wisconsin Physicians Services Ins. Corp. (subrogated insurance claims, prejudgment interest, cost for electronically imaging documents).
The Wisconsin Court of Appeals released these opinions, recommending the following for publication:
State v. Torkelson (defendant was not in police custody during conversation in police station lobby when he was not under arrest and had not been told he could not leave).
State v. Ramel (before imposing a fine court must ascertain that the defendant has the ability to pay it).
Keene v. Sippel (court may grant default judgment without first striking an answer filed after the statutory deadline).
Zurich American Ins. Co. v. Wisconsin Physicians Services Ins. Corp. (subrogated insurance claims, prejudgment interest, cost for electronically imaging documents).
Thursday, November 15, 2007
Bankruptcy complaint must be served on individual
Even if a creditor only lists its corporate name and address in its proof of claim, a debtor must still name and serve and individual officer or agent in an adversary action.
Sentencing in abstentia upheld
A defendant who voluntarily absents himself from sentencing can be sentenced in abstentia.
Wednesday, November 14, 2007
What Makes this Association Great?
Our State Bar's President, Thomas J. Basting Sr., in his November 2007 column in Wisconsin Lawyer.
Member volunteers, not volunteer members.
The answer, as you might have guessed, is our volunteers.
Member volunteers, not volunteer members.
Planning to Lead
Our State Bar's executive director, George C. Brown, in his column in the November 2007 Wisconsin Lawyer, on the Bar's planning process.
Yet all must belong.
The State Bar of Wisconsin is a complex organization with numerous programs, projects, and policies, but it cannot be all things to all people.
Yet all must belong.
Supreme Court Orders November 14, 2007
Rule Order 07-01 In the matter of the Revision of SCR 11.06 Concerning Group and Prepaid Legal Services Plans (Effective 11-14-2007)
Rule Order 07-02 In the matter of the Amendment of SCR 10.05(1) Nonresident Lawyer Representation on the State Bar of Wisconsin Board of Governors (Effective 11-14-2007)
Rule Order 07-02 In the matter of the Amendment of SCR 10.05(1) Nonresident Lawyer Representation on the State Bar of Wisconsin Board of Governors (Effective 11-14-2007)
Bills enacted November 13, 2007, Acts 29-30
Act 29 A speed limit for the operation of snowmobiles during the hours of darkness.
Act 30 Designating and marking a bridge on STH 156 in the town of Navarino as the Avery Wilber Memorial Bridge.
Act 30 Designating and marking a bridge on STH 156 in the town of Navarino as the Avery Wilber Memorial Bridge.
State Bar president welcomes legislation adding new circuit courts in six Wisconsin counties
Our State Bar's President Tom Basting in a press release [pdf] thanking "legislators for promptly enacting AB 393, which adds six new circuit court branches in Barron, Chippewa, Dodge, Green, Monroe, and St. Croix counties."
"The State Bar of Wisconsin strongly supports this legislation, along with provisions included in the state budget adding courts in Juneau and Kenosha Counties," Basting said.
Tuesday, November 13, 2007
Bills enacted November 12th, 2007 Acts 26-28
Act 26 An assessment on growers that sell corn
Act 27 Conservation wardens employed by the Great Lakes Indian Fish and Wildlife Commission.
Act 28 Adding a circuit court branch in Barron, Chippewa, Dodge, Green, Monroe, and St. Croix counties, and making an appropriation.
Act 27 Conservation wardens employed by the Great Lakes Indian Fish and Wildlife Commission.
Act 28 Adding a circuit court branch in Barron, Chippewa, Dodge, Green, Monroe, and St. Croix counties, and making an appropriation.
Bills enacted November 9th, 2007 Acts 22-25
Act 22 Hire a Veteran Week, Veteran Recognition Week, and veterans who volunteer in schools.
Act 23 Issuing fish and game approvals to members of the Wisconsin national guard and to members of reserve units of the U.S. armed forces.
Act 24 Issuance of certain hunting approvals to certain members of the U.S. armed forces.
Act 25 Changing the members of the Council on Veterans Programs.
Act 23 Issuing fish and game approvals to members of the Wisconsin national guard and to members of reserve units of the U.S. armed forces.
Act 24 Issuance of certain hunting approvals to certain members of the U.S. armed forces.
Act 25 Changing the members of the Council on Veterans Programs.
A chilling reminder of the rule of law’s fragility
Our State Bar's President, Tom Basting, cites Shakespeare's Henry VI [Part II, Act IV, Scene II] in connection with martial law in Pakistan, concluding
Update: The Economist reported on Lawyers against the general
I will share my sense of outrage over these sad developments in Pakistan with my elected representatives. But even as I do so I know this is an insufficient response. As President of the State Bar of Wisconsin, which represents the aspirations of over 22,000 lawyers, I propose that all of us pledge to keep the rule of law (and the lawyers) alive and well so the beacon of democracy can continue to shine across America and around the world.
Update: The Economist reported on Lawyers against the general
Almost all of those detained belong to the tiny, politically active portion of Pakistani society that tends to be arrested in such times. Monstrous as this is, they can usually find friends to help them wriggle out of trouble—unlike the hapless poor. In a typical scene, in front of the Supreme Court in Islamabad, a small crowd of slogan-chanting lawyers, including several well-groomed women wearing expensive sunglasses, took turns to get bundled into the back of a police van. From there they flashed victory salutes to assembled photographers. It will take more than this to trouble the general [General Pervez Musharraf, Pakistan's president] and his spies.
Monday, November 12, 2007
Parents not liable for child's negligent ATV use
Parents are not liable for failing to require their child to take an ATV safety course, provided the accident occurred on their own property.
Supreme Court accepts four new cases November 12, 2007
State v. Doss (2006AP2254-CR) 2007 WI APP 208
State v. Grunke (2006AP2744-CR, 2006AP2745-CR, and 2006AP2746-CR) 2007 WI APP 198
J.G. and R.G v. Wangard (2006AP818)
State ex rel. Hipp v. Murray (2007AP230-W) 2007 WI APP 202
State v. Grunke (2006AP2744-CR, 2006AP2745-CR, and 2006AP2746-CR) 2007 WI APP 198
J.G. and R.G v. Wangard (2006AP818)
State ex rel. Hipp v. Murray (2007AP230-W) 2007 WI APP 202
Federal Nominating Commission seeks applicants for federal judgeship
Our State Bar reports
Wisconsin's Federal Nominating Commission, a bipartisan body charged with making recommendations for vacancies in federal judgeships and U.S. attorney positions, is accepting [pdf] applications for a vacancy on the United States District Court for the Western District of Wisconsin. The opening results from the pending retirement of United States District Judge John Shabaz.
Application materials will be made available beginning November 5 and must be returned no later than 5:00 p.m. on Monday, December 3. The Commission's application [doc] and instructions [2 pp. pdf] (which are separate documents) are available, in downloadable form...
Saturday, November 10, 2007
Appellate Opinions Released November 8, 2007
The Wisconsin Supreme Court did not release any opinions.
The Wisconsin Court of Appeals released these opinions, recommending the following for publication:
State v. Schultz (jury instruction related to felony misconduct in public office inappropriately contained mandatory presumptions on elements of duty and intent).
State v. Jensen (jury instruction related to felony misconduct in public office inappropriately contained mandatory presumptions on elements of duty and intent).
The Wisconsin Court of Appeals released these opinions, recommending the following for publication:
State v. Schultz (jury instruction related to felony misconduct in public office inappropriately contained mandatory presumptions on elements of duty and intent).
State v. Jensen (jury instruction related to felony misconduct in public office inappropriately contained mandatory presumptions on elements of duty and intent).
Appellate Opinions Released November 7, 2007
The Wisconsin Supreme Court did not release any opinions.
The Wisconsin Court of Appeals released these opinions, but did not recommend them for publication.
The Wisconsin Court of Appeals released these opinions, but did not recommend them for publication.
Friday, November 09, 2007
Clarence Thomas, 'My Grandfather's Son: A Memoir'
Video from New York, Atlanta, Omaha, Chicago, and Dallas
The Heritage Foundation and the Federalist Society co-sponsored five events around the country from October 16 to October 23, 2007, with Justice Clarence Thomas of the United States Supreme Court. Justice Thomas spoke about his new autobiography, My Grandfather's Son.
Thursday, November 08, 2007
Who Owns the Intellectual Property in Your Case?
Standing as a Defense to Patent Litigation
"This Week's Feature" in DRI's The Voice, by Vickie L. Henry of Foley Hoag LLP, Boston, Massachusetts, on IpVenture, Inc. v. ProStar Computer, Inc., 2007 WL 2812677 (Fed. Cir. Sep. 28, 2007)
"This Week's Feature" in DRI's The Voice, by Vickie L. Henry of Foley Hoag LLP, Boston, Massachusetts, on IpVenture, Inc. v. ProStar Computer, Inc., 2007 WL 2812677 (Fed. Cir. Sep. 28, 2007)
Punitives, attorney fees denied
Even though a seller violated the noncompete clause of the asset purchase agreement, and committed trade name infringment, and the agreement provided that the buyer was entitled to attorney fees if it won a monetary judgment against the seller for violating the agreement, the court of appeals denied punitive damages and full attorney fees, because no compensatory damages were recovered on the tradename infringement claim.
Brannon Denning on 'Kentucky Department of Revenue v. Davis'
November 7, 2007 SCOTUScast audio
On November 5th, 2007, the Supreme Court heard oral arguments in the Kentucky Department of Revenue v. Davis case. The Court was asked to consider whether or not a state law that taxes interest income from bonds issued by other state and local governments while exempting interest income from in-state bonds violates the Commerce Clause.
Wednesday, November 07, 2007
Appellate Opinions Released November 6, 2007
The Wisconsin Supreme Court did not release any opinions.
The Wisconsin Court of Appeals released these opinions, recommending publication of the following:
Watton v. Hegerty (Emergency detention reports retained by the Milwaukee Police Department are not "treatment records" and so are not exempt from production under the open records statute.).
Tynan v. JBVBB, LLC (promissory estoppel in the context of employment relationship).
Hardy v. Hoefferle (statutory exemption from contributory negligence for a minor's failure to wear a helmet while operating an ATV on land under the management and control of the minor's family).
The Wisconsin Court of Appeals released these opinions, recommending publication of the following:
Watton v. Hegerty (Emergency detention reports retained by the Milwaukee Police Department are not "treatment records" and so are not exempt from production under the open records statute.).
Tynan v. JBVBB, LLC (promissory estoppel in the context of employment relationship).
Hardy v. Hoefferle (statutory exemption from contributory negligence for a minor's failure to wear a helmet while operating an ATV on land under the management and control of the minor's family).
Gregory Sisk on 'John R. Sand & Gravel Co. v. United States'
November 6, 2007 SCOTUScast audio
On November 6th, 2007, the Supreme Court heard oral arguments in the John R Sand & Gravel Co. v. United States case. The Court was asked to consider whether or not the Tucker Act’s six-year statute of limitations is jurisdictional (and thus may not be waived by the parties).
Effective Oct. 27, 2007: Statutory changes ensure equal access to justice for non-English speakers
Our State Bar reports
...Wis. Stat. 885.38 now requires circuit courts to appoint spoken language interpreters at public expense in any kind of case after a determination that the person has limited English proficiency. ...
The new law also allows the court to appoint an interpreter at public expense regardless of indigency.
New blog
I'm also blogging over at Wisconsin Law Journal now. And we have comments!
Recent posts on the State Bar's latest efforts to limit participation to career insiders and exclude reformers, plus the unconstitutionality of state funding for indigents in civil actions!
Recent posts on the State Bar's latest efforts to limit participation to career insiders and exclude reformers, plus the unconstitutionality of state funding for indigents in civil actions!
Key arbitration holdings
The three-month statute of limitations for vacating an arbitration award begins to run on the date the award is mailed; and
The statute of limitations is not tolled until the defendant is served with a copy of the motion to vacate; filing with the court is insufficient.
The statute of limitations is not tolled until the defendant is served with a copy of the motion to vacate; filing with the court is insufficient.
Proposal could shield open record requests
Derrick Nunnally reported in the Milwaukee Journal Sentinel on AB522.
(via WisBlawg)
[Lead sponsor Rep. Garey Bies (R-Sister Bay)] said the legislation is intended to protect records in situations where disparate police agencies use a central county communications system, as in Winnebago County. ...
[Milwaukee County Clerk of Courts John] Barrett said the vague language of the bill could lead to deep restrictions on all the records of court cases that come into his office, possibly even saying that a county's district attorney could have control over public access to them.
(via WisBlawg)
Tuesday, November 06, 2007
Rules Hearings November 7, 2007
The Wisconsin Supreme Court has scheduling hearings in the following for 9:45 a.m.
07-04 [11 pp. pdf] In the Matter of the Amendment of SCR 40.04 Legal Competence Requirement: Bar Examination; SCR 40.04(5) An Applicant who has Failed the Wisconsin Bar Examination Three Times is Ineligible to Write the Wisconsin Bar Examination Unless Special Permission is Given by the Board Under Reasonable Conditions as it May Require, filed on 03/23/07 by Arnold A. Moncada, Jr.
07-06 [3 pp. pdf] In the matter of The Petition of the State Bar of Wisconsin proposing revisions to SCR 13.015 and SCR 13.045 concerning the assessment on attorneys for WisTAF. filed 05/08/07 by Thomas J. Basting, Sr., President-elect, State Bar of Wisconsin
07-04 [11 pp. pdf] In the Matter of the Amendment of SCR 40.04 Legal Competence Requirement: Bar Examination; SCR 40.04(5) An Applicant who has Failed the Wisconsin Bar Examination Three Times is Ineligible to Write the Wisconsin Bar Examination Unless Special Permission is Given by the Board Under Reasonable Conditions as it May Require, filed on 03/23/07 by Arnold A. Moncada, Jr.
07-06 [3 pp. pdf] In the matter of The Petition of the State Bar of Wisconsin proposing revisions to SCR 13.015 and SCR 13.045 concerning the assessment on attorneys for WisTAF. filed 05/08/07 by Thomas J. Basting, Sr., President-elect, State Bar of Wisconsin
Indiana Right to Life lacks standing
Indiana Right to Life lacks standing to challenge Indiana's judicial canons. Had the court considered the merits, it could have affected Wisconsin's canons regarding pledges and commitments by judges during elections. End result: judicial candidates may answer questionnaires regarding abortion from the group without repercussions from the judicial commission.