Confusion continues over the new Department of Administration rules announced December 1 which require advance permits for many demonstrations held within the Wisconsin State Capitol. Among the more controversial aspects of the policy are its applicability to small groups of protestors and the discretion granted to the State Capitol police to require permit seekers to [...]

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The ownership rights to live athletic events has been the subject of much legal controversy since the rise of commercialized spectator sports a century and a half ago. In 1885, the Detroit Wolverines baseball club, then a member of the National League, sued John Deppert ,who owned a barn adjacent to Recreation Field, where the [...]

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I am not going to go ballistic over Judge Barbara Crabb’s decision that the National Day of Prayer – an event that has gone on for 58 years and mirrors, in many respects, actions of our federal government throughout the history of the Republic – violates the Establishment Clause. She is, I think, wrong and [...]

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As Dean Kearney observed in an earlier post, I am chairing the Federal Nominating Commission that is reviewing applications for the United States Attorney post in the Eastern District of Wisconsin.  Dean Ken Davis of Wisconsin is chairing a counterpart commission that is reviewing applications for a federal judgeship in the Western District.  Both sets [...]

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Much of the attention following yesterday’s decision in Siefert v. Alexander focuses upon the invalidation of prohibitions against judges or judicial candidates belonging to political parties and endorsing partisan candidates for office. That part of Judge Crabb’s decision seems to me, given the balance between regulatory interests and the protection of speech struck by the United States [...]

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As Dean Kearney noted in an earlier post, I am serving as chair of the Federal Nominating Commission for the United States Attorney position in the Eastern District of Wisconsin.  The Commission completed its first item of business this past week by approving the questionnaire to be used by applicants.  The forms and instructions are [...]

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The Madison-based Freedom From Religion Foundation has sent a letter of complaint regarding the  recognition of Good Friday as a campus holiday by fifteen of the state’s sixteen technical colleges, apparently pursuant to collective bargaining agreements with instructional staff. The FFRF argues that closing on Good Friday (not just calling the off day “Good Friday’) [...]

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Another SCR Bites the Dust?

Posted by: | December 3, 2008 | 8 Comments

In Duwe v. Alexander, prominent First Amendment attorney James Bopp won a federal district court decision (PDF) striking down SCR 60.06(3)(b), part of the Wisconsin Code of Judicial Ethics. Bopp convinced Judge Shabaz that the Code’s section prohibiting judges from making “pledges, promises, or commitments” interfered with their free speech rights under Republican Party of [...]

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Biskupic Stepping Down

Posted by: | December 3, 2008 | Leave a Comment

Our graduate and adjunct faculty member Steven Biskupic announced yesterday that he is stepping down from his post as U.S. Attorney for the Eastern District of Wisconsin, effective January 9.  Steve made us proud over his six years of distinguished service in this important position, winning convictions in many high-profile public corruption cases.  It is customary for [...]

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Of Speeches and Sermons

Posted by: | October 1, 2008 | 1 Comment

Last week saw another round in the ongoing legal battle between the University of Wisconsin and the Madison campus’ Roman Catholic Foundation. In Roman Catholic Foundation v. Regents, 2008 U.S. Dist. LEXIS 72980 (W.D. Wis., September 24, 2008), the court addressed the University’s refusal to allow segregated fees (that portion of a student’s tuition reserved [...]

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The Open Door Church has sued the Sun Prairie (Wis.) Area School District in federal court in Madison. The complaint alleges that the district has adopted a broad policy permitting community groups to use the district’s facilities. However, the district seems to have adopted a policy of permitting waiver of rental charges for all potential users, except [...]

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