News & Pubs Archive

This month, the 21st Century Cures Act Information Blocking Rule took effect. Jonathan Klock provides a brief overview of the rule, key exceptions and tips for compliance, and helpful resources for more information.

Ruling on a moot issue that will only guide future action, the Wisconsin Supreme Court has confirmed, once again, that a statewide emergency order limiting capacity at restaurants, bars, and other indoor facilities was invalid and unenforceable.

Events of the past few years in the U.S. bear a disturbing resemblance to events of the Roman Empire before its fall, says Myron LaRowe, including polarized politics and civil unrest. What are the lessons to learn from the past?

Emerging adults – age 24 or younger – experience higher rates of racial disparity in incarceration and recidivism than older adults. Elisabeth Stockbridge discusses efforts to address the particular issues of emerging adults in Wisconsin.

Reporters from the MacIver Institute for Public Policy sued Wisconsin Gov. Tony Evers, alleging they were denied access to a press event because of their organization’s viewpoint. Recently, a federal appeals court rejected that claim.

Disabled individuals rely on public benefits that are often determined by a computer program rather than a person. Julia Veenendaal discusses computer-automated decision-making and a case study involving due process challenges to Medicaid benefits software.

How would a human rights-centered foreign policy impact U.S. businesses engaged in international trade? Ngosong Fonkem discusses compliance challenges and how companies can protect themselves from the inevitable increased trade measures that would ensue ensue from the policy shift.

The state election laws require municipal clerks or municipal election commissions to change the registration status of electors who may have moved, not the Wisconsin Election Commission (WEC), the Wisconsin Supreme Court has ruled (5-2).

Boilerplate objections in response to written discovery requests in civil cases cause undue delay, excessive costs, and needless consumption of time, say Ralph Tease and David Blinka. Wisconsin courts should not hesitate to sanction those who use boilerplate objections to evade discovery obligations.

The Wisconsin Supreme Court today, in a 4-3 decision, concluded that Gov. Tony Evers exceeded his authority when declaring a public health emergency due to COVID-19, extending previous orders, without the legislature’s consent.

The U.S. Court of Appeals for the Seventh Circuit has ruled that city of Madison and U.W. police officers are entitled to qualified immunity for excessive force claims brought by a man arrested after a U.W.-Madison Badger Football game.

The new trend of virtual mediation has been around for a while now. Michael D. Rust discusses lessons learned from 150 mediation referrals during the pandemic, and how the use of online dispute resolution is translating to the users of the services.

The CDC’s eviction moratorium ends March 31, 2021. In this Tip of the Month, Elizabeth Groeschel details Wisconsin programs that offer rental assistance to clients who need it.

The Wisconsin Supreme Court ruled that a previous decision established the “law of the case” and the wife's pre-death statements were inadmissible under the Sixth Amendment’s Confrontation Clause.

Privacy Laws are fast changing, requiring companies to frequently adapt their web presence and online security schemes. Eric A. Johnson discusses how to help business clients keep their customer data safe.

The ABA House of Delegates in February 2020 passed a resolution urging voter preregistration for 16- to 18-year-olds. James Casey talks about the resolution – and how it reinforces the importance of civics education in U.S. schools. This importance is even more critical given the November 2020 U.S. election and the January 6, 2021, insurrection at the Capitol in Washington, he says.

The Wisconsin Supreme Court has ruled (4-3) that a defendant may seek discovery of Wisconsin-specific data in a Wisconsin Department of Corrections (DOC) database to challenge his status as a sexually violent person.

Little used before COVID-19, the Public Readiness and Emergency Preparedness (PREP) Act aimed to shield drug makers from liability when bringing vaccines to market during a public health emergency. Stephen Veit gives an overview of the Act and discusses recent cases involving health care providers in the COVID-19 era.

Wisconsin’s energy market is shifting toward renewable energy – are renewable energy third-party financing arrangements the new third rail? Nathan Jurowski discusses the legislative and regulatory changes that could stimulate private investment in Wisconsin’s commercial and residential renewable energy and provide opportunities for local contractors.

The Seventh Circuit recently indicated an interest in addressing the standard of causation for disparate treatment claims under the ADA. Storm Larson discusses Seventh Circuit precedent and variations among other circuits on the issue.