Circuit Courts of Wisconsin Handout
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2019 Spring Programs
CLINICS, JUDICIAL INTERNSHIPS AND SUPERVISED FIELDWORK PROGRAMS 2019 SPRING PROGRAMS APPLICATIONS SHOULD BE SUBMITTED TO FACULTY ASSISTANT DEBBIE MOORE IN ECKSTEIN HALL SUITE 453 NO LATER THAN 12:00 NOON ON TUESDAY, NOVEMBER 6, 2018. INTRODUCTION The Marquette University Law School offers an upper level curriculum that is both rich and diverse in its offerings. Its components include traditional classroom courses, seminars, workshops, perspectives and advanced legal research courses, clinics and internships, directed studies, laws reviews and moot courts, etc., each contributing in its own way to your legal education and formation as a lawyer. When planning a course of study for the remainder of your legal education, you ought to consider how each of these curricular components can best serve your professional needs. Planning is essential so that you can maximize the benefits you derive from the curriculum, take care of satisfying degree requirements and course prerequisites, and otherwise develop the competencies you will need as a lawyer. An important and popular1 component of the curriculum is the segment that is known as “Clinics, Judicial Internships and Supervised Fieldwork Programs.” This component has long been a part of the Marquette curriculum and takes full advantage of the Law School’s proximity to and relationship with the courts, prosecution and defense agencies, and a host of other governmental and public interest agencies. Each program is different and each offers its participants a different kind of experiential learning. In considering these programs, you ought to evaluate how they complement classroom 1 More than 70% of recent graduates participated in at least one internship and many completed more than one. -
OWRB's Brief in Support of Application to Assume Original Jurisdiction
Case No. #11037 5 IN THE SUPREME COURT OF THE STATE OF OKLAHOMA Oklahoma Water Resources Board, Petitioner, vs. The United States on behalf of the Choctaw Nation of Oklahoma, a federally recognized Indian Tribe; the United States on behalf of the Chickasaw Nation" et aI., Respondents. BRIEF IN SUPPORT OF APPLICATION TO ASSUME ORIGINAL JURISDICTION PATRICK R. WYRICK, OBA #21874 NEAL LEADER, OBA #5310 Solicitor General Senior Assistant Attorney General 313 NE 21 ST Street 313 NE 21 ST Street Oklahoma City, OK 73105 Oklahoma City, OK 73105 (405) 522-4448 (405) 522-4393 (405) 522-0669 FAX (405) 522-0669 FAX [email protected] [email protected] TABLE OF CONTENTS PAGE Background Information 2 Relevant Facts 4 Arizona v. San Carlos Apache Tribe, 463 U.S. 545 (1983) 6 Ethics Comm'n v. Cullison, 1993 OK37, 850 P.2d 1069 8 43 U.S.C. § 666 6 82 O.S. § 105.6 7 Art. 7, Sec. 4 of the Oklahoma Constitution 8 Summary of the Argument 8 Argument and Authorities - 9 I. The Court should assume original jurisdiction because the adjudication is of critical importance to the State of Oklahoma and to the health, safety, and general welfare of its citizens 9 Keating v. Johnson, 1996 OK 61 , 918 P.2d 51 9 Sporhase v. Nebraska., 458 U.S. 941 (1982) 10 82 O.S. §§ 1-1801.4 10 Art. X, §§ 27A & 39, of the Oklahoma Constitution 10 Okla. Admin. Code §§ 785:1-1-1 10 II. The Court's exercise of original jurisdiction will allow for an expeditious final resolution of claims and issues of critical importance to the State, the Nations, and all other claimants to the water resources at issue ' 11 III. -
Guantanamo, Boumediene, and Jurisdiction-Stripping: the Mpei Rial President Meets the Imperial Court" (2009)
University of Minnesota Law School Scholarship Repository Constitutional Commentary 2009 Guantanamo, Boumediene, and Jurisdiction- Stripping: The mpI erial President Meets the Imperial Court Martin J. Katz Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Katz, Martin J., "Guantanamo, Boumediene, and Jurisdiction-Stripping: The mpeI rial President Meets the Imperial Court" (2009). Constitutional Commentary. 699. https://scholarship.law.umn.edu/concomm/699 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Article GUANTANAMO, BOUMEDIENE, AND JURISDICTION-STRIPPING: THE IMPERIAL PRESIDENT MEETS THE IMPERIAL COURT Martin J. Katz* INTRODUCTION In Boumediene v. Bush,1 the Supreme Court struck down a major pillar of President Bush's war on terror: the indefinite de tention of terror suspects in Guantanamo Bay, Cuba. The Court held that even non-citizen prisoners held by the United States government on foreign soil could challenge their confinement by seeking a writ of habeas corpus in federal court, and that the procedures the government had provided for such challenges were not an adequate substitute for the writ." As a habeas corpus case, Boumediene may well be revolu tionary.3 However, Boumediene is more than merely a habeas * Interim Dean and Associate Professor of Law. University of Denver College of Law; Yale Law School. J.D. 1991: Harvard College. A.B. 1987. Thanks to Alan Chen. -
Amicus Brief More Than Ten Days Before Its Due Date
No. 22O154 In the Supreme Court of the United States _______________________________________________________________________________________________________________ NEW HAMPSHIRE, Plaintiff, v. MASSACHUSETTS, Defendant. _______________________________________________________________________________________________________________ BRIEF OF AMICI CURIAE STATES OF OHIO, ARKANSAS, INDIANA, KENTUCKY, LOUISIANA, MISSOURI, NEBRASKA, OKLAHOMA, TEXAS, AND UTAH IN SUPPORT OF NEW HAMPSHIRE’S MOTION FOR LEAVE TO FILE BILL OF COMPLAINT _______________________________________________________________________________________________________________ DAVE YOST BENJAMIN M. FLOWERS* Ohio Attorney General *Counsel of Record 30 E. Broad St., 17th Ohio Solicitor General Floor MICHAEL J. HENDERSHOT Columbus, Ohio 43215 Chief Deputy Solicitor General KYSER BLAKELY Deputy Solicitor General 30 E. Broad St., 17th Floor Columbus, Ohio 43215 614-466-8980 [email protected] Counsel for Amicus Curiae State of Ohio (additional counsel listed at the end of the brief) i TABLE OF CONTENTS Page TABLE OF AUTHORITIES ....................................... ii STATEMENT OF AMICI INTEREST ....................... 1 SUMMARY OF ARGUMENT .................................... 1 ARGUMENT ............................................................... 5 I. This Court’s original jurisdiction in cases between States is mandatory. ......................... 5 II. This Court’s cases holding that original jurisdiction is discretionary should not be applied to disputes between -
Courts at a Glance
Courts at a Glance For Everyone From Students to Seniors Published by Iowa Judicial Branch Branches of American Government Separation of Powers The governmental system of the United States uses separation of powers. This means that the government has separate branches that deal with different as- pects of governing. These three branches are the legislative, executive, and judicial branches. This system is in place for both the federal (national) and state governments. The legislative branch, which on the national level is the U.S. Congress, passes new laws. The executive branch, headed by the president, enforces laws. The judicial branch, headed by the U.S. Supreme Court, inter- prets laws. While each branch has its own duties, the other branches of govern- ment have some control over its actions. These interactions are called checks and balances. Checks and balances keep one branch of government from being much stronger than the others. See the diagram below for U.S. checks and balances. U.S. Checks & Balances Confirms or rejects appointments by executive (including judges) Can veto legislation Apppoints judges È È È È Legislative Executive Judicial Writes laws Enforces laws Interprets laws Ç Ç Can declare acts of the legislative or executive branch to be unconstitutional Role of the Judicial Branch Every state and the federal government have an independent judicial branch to interpret and apply state and federal laws to specific cases. By providing a place where people can go to resolve disputes according to law, through a fair process, and before a knowledgeable and neutral judge or jury, the judicial branch helps to maintain peace and order in society. -
Office of Lawyer Regulation Annual Report 2012-2013
REGULATION OF THE LEGAL PROFESSION IN WISCONSIN ________________________________________________________ FISCAL YEAR 2012-2013 __________________________________________________________________ Report of the Lawyer Regulation System Keith L. Sellen, Director Attorney Rod Rogahn, Chairperson Office of Lawyer Regulation Board of Administrative Oversight 110 East Main Street, Suite 315, Madison, WI 53703 (608) 267-7274 www.wicourts.gov/olr ANNUAL REPORT FISCAL YEAR 2012-2013 Introduction Pursuant to Supreme Court Rule (SCR) 21.03(6)(n) and 21.10(2)(e), the Office of Lawyer Regulation and Board of Administrative Oversight are filing this fiscal year 2012-2013 report on the lawyer regulation system. Composition of the Lawyer Regulation System “The lawyer regulation system is established to carry out the Supreme Court’s constitutional responsibility to supervise the practice of law and protect the public from misconduct by persons practicing law in Wisconsin.” SCR Chapter 21, Preamble. The composition and organization of the lawyer regulation system is depicted in Appendix 1. The persons currently serving in these organizations are identified in Appendix 2. Following is a description of the components. Supreme Court The Supreme Court supervises the lawyer regulation system, determines attorney misconduct and medical incapacity, and imposes discipline or directs other appropriate action in proceedings filed with the Court. Office of Lawyer Regulation The Office of Lawyer Regulation (OLR) consists of the Director, investigative and support staff, litigation counsel, and retained counsel. The office has the following duties. • To receive and to respond to inquiries and grievances relating to attorneys. • To investigate allegations of attorney misconduct or medical incapacity. • To divert matters into an alternative to discipline program. -
U.S. Judicial Branch 176 U.S
U.S. GOVERNMENT IN N EBRASKA 175 U.S. JUDICIAL BRANCH 176 U.S. GOVERNMENT IN NEBRASKA U.S. JUDICIAL BRANCH1 U.S. SUPREME COURT U.S. Supreme Court Building: 1 First St. N.E., Washington, D.C. 20543, phone (202) 479-3000, website — www.supremecourtus.gov Chief Justice of the United States: John G. Roberts, Jr. Article III, Section 1 of the U.S. Constitution provides that “the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” The Supreme Court is composed of the chief justice of the United States and such number of associate justices as may be fixed by Congress. The current number of associate justices is eight. The U.S. president nominates justices, and appointments are made with the advice and consent of the Senate. Article III, Section 1, further provides that “the Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.” A justice may retire at age 70 after serving for 10 years as a federal judge or at age 65 after serving 15 years. The term of the court begins, by law, the first Monday in October of each year and continues as long as the business before the court requires, usually until the end of June. Six members constitute a quorum. Approximately 7,500 cases are filed with the court in the course of a term. -
'The Laws Are Yours" Is the Latest in a Series of Projects Undertaken by the Lawyers' Wives of Wisconsin to Further Public
Appendix 29 1 'The Laws Are Yours" is the latest in a series of projects undertaken by the Lawyers' Wives of Wisconsin to further public understanding of the law and of the legal profession . Lawyers' Wives of Wisconsin has approximately 1400 members in 24 charter county groups throughout the state. Among their varied activities are Law Day observances, welcoming of newly naturalized citizens and the recently completed law-related education program, "You and the Law." A scholarship for a law student is presented annually to each Law School in Wisconsin. We hope that you, the reader, will have a better understanding of the Wisconsin legal system after reading "The Laws Are Yours." We have not attempted to answer specific questions about the law since facts, situations, circumstances and persons differ and the application of the law to such cases may also vary. For specific answers to legal advice it is suggested that you consult a lawyer in your community. We would appreciate your comments: Please send them to: Lawyers' Wives of Wisconsin c/o 4001 Haven Avenue Racine, Wisconsin, 53405 1979 Appendix 29 2 INTRODUCTION We live in a land of freedom, free to do as we wish and to go where we please, as long as we do not infringe on the rights of others. It has been said that one's right to swing his fist ends at the point where the other fellow's nose begins. Law began when man discovered he could not live alone - that there had to be rules in order for people to live together. -
The Constitutionality of Federal Jurisdiction-Stripping Legislation and the History of State Judicial Selection and Tenure, 98 Virginia Law Review
Vanderbilt University Law School Scholarship@Vanderbilt Law Vanderbilt Law School Faculty Publications Faculty Scholarship 2012 The onsC titutionality of Federal Jurisdiction- Stripping Legislation and the History of State Judicial Selection and Tenure Brian T. Fitzpatrick Follow this and additional works at: https://scholarship.law.vanderbilt.edu/faculty-publications Part of the Constitutional Law Commons, Judges Commons, and the Jurisdiction Commons Recommended Citation Brian T. Fitzpatrick, The Constitutionality of Federal Jurisdiction-Stripping Legislation and the History of State Judicial Selection and Tenure, 98 Virginia Law Review. 839 (2012) Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/592 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law School Faculty Publications by an authorized administrator of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. +(,1 2 1/,1( Citation: 98 Va. L. Rev. 839 2012 Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Jan 9 12:51:39 2013 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0042-6601 Retrieved from DiscoverArchive, Vanderbilt University’s Institutional Repository Originally Published as Brian T. Fitzpatrick, The Constitutionality of Federal Jurisdiction-stripping Legislation and the History of State Judicial Selection and Tenure in 98 Va. -
Bridging the Distance: Implementing Videoconferencing in Wisconsin Manual
Bridging the Distance: Implementing Videoconferencing in Wisconsin Revised: August 2017 Prepared by: Wisconsin Supreme Court Planning and Policy Advisory Committee Videoconferencing Subcommittee Planning and Policy Advisory Committee Chief Justice Patience Drake Roggensack, Chair 16 East State Capitol P.O. Box 1688 Madison, WI 53701 This page is intentionally left blank. 1 TABLE OF CONTENTS Foreword ..................................................................................................................................................... 3 PPAC Videoconferencing Subcommittee Members 2017 .......................................................................... 4 Section I. What is Videoconferencing? .................................................................................................... 5 Potential Benefits ................................................................................................................................ 5 Implementation Considerations .......................................................................................................... 5 Non-Courtroom Uses of Videoconferencing ...................................................................................... 5 Section II. Planning for Successfully Implementing Videoconferencing ............................................... 7 Implementation Considerations .......................................................................................................... 7 Videoconferencing and Electronic Filing .......................................................................................... -
Pennsylvania Rules of Appellate Procedure
Pennsylvania Rules of Appellate Procedure 01 Rules of Appellate Procedure - 2021.indd 1 11/26/2020 2:50:57 AM COMMONWEALTH COURT Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts; No. 126 Misc. Doc. No. 3 [47 Pa.B. 7851] [Saturday, December 30, 2017] Order And Now, this 12th day of December, 2017, in accordance with Section 7(C) of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, it is hereby Ordered that all documents filed with the Commonwealth Court of Pennsylvania that contain confidential information shall be filed in two versions, a redacted version and an unredacted version. This Order shall be effective January 6, 2018. MARY HANNAH LEAVITT, President Judge 01 Rules of Appellate Procedure - 2021.indd 2 11/26/2020 2:50:57 AM Appellate Procedure Rules Rule 102. | Definitions. “Docket Entries.” Includes the schedule of proceedings of Chapter 1 a government unit. General Provisions “General Rule.” A rule or order promulgated by or pursuant to the authority of the Supreme Court. “Government Unit.” The Governor and the departments, boards, commissions, officers, authorities and other agencies of the Commonwealth, In General including the General Assembly and its officers and agencies and any court or other officer or agency of the unified judicial Rule 101. | Title and Citation of Rules. system, and any political subdivision or municipal or other These rules shall be known as the Pennsylvania Rules of local authority or any officer or agency of any such political Appellate Procedure and may be cited as “Pa.R.A.P.” subdivision or local authority. -
Wisconsin Civil Trial Journal Summer 2020 • Volume 18 • Number 2
Wisconsin Civil Trial Journal Summer 2020 • Volume 18 • Number 2 Also In This Issue President’s Message: Getting Past the Roadblock Christine M. Rice WDC Leaders Attorney Spotlight: Henry P. Twomey Avoiding the Pitfalls in Regulatory Flexibilities Successfully Excluding and Relief Funds Heather D. Mogden, Kathryn M. Costanza & Treating Physicians’ David B. Honig Opinions Under Daubert 2020 Advocate of the Year: David J. Pliner Andrew B. Hebl & 2020 Distinguished Professional Service Award: Kathryn A. Pfefferle Carmelo A. Puglisi 2020 Publication Award: Monte E. Weiss Are Plaintiffs Overcharging Wisconsin Wage-and- Hour Claims? Wisconsin Daniel Finerty & Peter Nowak Defense Counsel News from Around the State: Defending Individuals And Businesses In Civil Litigation Trials and Verdicts OFFICERS COLUMNISTS PRESIDENT Kathryn M. Costanza Peter Nowak Christine Rice Hall, Render, Killian, Heath Steinhilber Swanson LLP Simpson & Deardorff, S.C. & Lyman, P.C. [email protected] Kathryn A. Pfefferle PRESIDENT-ELECT Daniel Finerty Boardman & Clark LLP Andrew Hebl Lindner & Marsack, S.C. Boardman & Clark LLP [email protected] Christine M. Rice Andrew B. Hebl President, Wisconsin Defense Counsel SECRETARY/TREASURER Boardman & Clark LLP Christopher Bandt EDITOR Nash, Spindler, Grimstad & McCracken, LLP David B. Honig [email protected] Vincent J. Scipior Hall, Render, Killian, Heath Coyne, Schultz, Becker & Bauer, S.C. IMMEDIATE PAST PRESIDENT & Lyman, P.C. [email protected] Ariella Schreiber Rural Mutual Insurance Heather D. Mogden [email protected] Hall, Render, Killian, Heath PROGRAM CHAIR & Lyman, P.C. Nicole Marklein Cross, Jenks, Mercer & Maffei [email protected] Amicus Curiae Committee Wisconsin Civil Jury Instructions DIRECTORS Chair: Monte Weiss Committee Gina Budzinski American Family Insurance Co.