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Credit: PBS Wisconsin Image/James Gill, Photographer Jan. 18, 2021 – A statue of the Hon. Vel Phillips, one of Wisconsin’s most prominent and influential attorneys over the last 100 years, could be placed on the state Capitol grounds later this year, should the State Capitol and Executive Residence Board approve a proposal at its Jan. 25 meeting. The statue of Phillips will be the first on the Capitol Square to honor a person of color. The State Bar of Wisconsin and its charitable arm, the Wisconsin Law Foundation, strongly support the siting of a statue honoring Hon. Vel Phillips, states…
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On the latest episode of the WI Law in Action podcast from the UW Law Library, we talk with Professor Emeritus Stewart Macaulay, an internationally recognized leader of the law in action approach to the study of contracts – and an amazing storyteller. Macaulay’s legacy was recently highlighted in the new book, “Stewart Macaulay: Selected Works,” which contains some of his best-known research from the last 60 years, as well as some of his more obscure publications. Professor Macaulay on inspirations for the law in action approach to the study of contracts. I used the contracts casebook…
Public Health Madison & Dane County (PHMDC) issued Emergency Order #12, which went into effect as of 12:01am on January 13, 2021. The Order mirrors the previous emergency orders, but makes three changes that ease previous restrictions. First, the Order allows outdoor gatherings with up to 50 individuals in attendance (not including employees). The previous order limited outdoor gatherings to 25 individuals. Individuals who attend an outdoor gathering must continue to maintain six (6) feet of physical distancing from anyone they do not live with. Additionally, indoor gatherings continue to be limited to 10 individuals, with physical distancing…
“Suppose I could become Mrs. ‘M.D.’ if I chose. Don’t choose.” Lavinia Goodell, January 11, 1868 In the fall of 1867, Lavinia Goodell began a new job at the newly minted Harper’s Bazar magazine. (Read more about her experiences here and here.) She was living in the Greenpoint section of Brooklyn with Aunt Mira andContinue reading → The post “Suppose I could become Mrs. ‘M.D.’ if I chose. Don’t choose.” appeared first on Lavinia Goodell.…
In response to new measures to enhance the safety of the campus community during the spring semester, on-site access to the UW Law Library will be limited to UW Law School students, faculty, and staff as of January 19, 2021. However, the Law Library remains committed to remotely supporting our campus and community members to the best of our ability.  Please contact our reference librarians using the chat now feature on our website, emailing  askuwlaw@law.wisc.edu, or calling 608-262-3394 for assistance.  Library cardholders can still request that Law Library materials be delivered to Memorial Library for pick up.  …
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Hurley Burish, S.C. is proud to announce that we have seven attorneys selected to the 2020 Wisconsin Super Lawyers and Rising Stars list. Congratulations to Attorney Stephen Hurley, Attorney John Mitby, Attorney Marcus Berghahn, Attorney Andrew Erlandson, Attorney Jonas Bednarek, and Attorney Patrick Fiedler. A special congratulations to Attorney Peyton Engel on being selected to the 2020 Rising Stars list.…
“Mrs. Bascom and her husband sympathized warmly with my effort to be admitted.” Lavinia Goodell, December 20, 1875 Throughout her life, Lavinia Goodell cultivated a network of prominent people who championed her efforts to be admitted to the Wisconsin bar and supported, at least to some degree, her other varied causes, such as temperance andContinue reading → The post “Mrs. Bascom and her husband sympathized warmly with my effort to be admitted.” appeared first on Lavinia Goodell.…
Wisconsin prohibits discrimination in employment decisions based on criminal convictions. One defense to such claims is that the circumstances of the crime the applicant or employee was convicted of are “substantially related” to the job duties. The Wisconsin Court of Appeals recently considered the substantial-relationship test when the conviction was for domestic violence crimes and the job was a lighting application specialist. It ruled in the applicant’s favor, finding the employer—which declined to hire him based on the criminal convictions—hadn’t met its burden of establishing the defense. What Wisconsin Law Says As all employers are keenly aware, various federal, state,…
Although the COVID-19 pandemic has changed many things about how companies operate, most employers still have formal disciplinary policies establishing ground rules for employee conduct and setting out consequences for failure to meet expectations. If an employee still required to work in person has been exposed to the coronavirus and gotten tested without notifying her employer (and later is confirmed positive), can she be fired for violating a formal disciplinary policy that includes prohibitions on actions that pose a danger to others or jeopardize the business’s safe and efficient operations? Knowingly Exposing Others to COVID-19 The short answer is a…
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Happy New Year!  As we move into 2021, we know that many of you are considering whether to require employees to get the COVID-19 vaccination.  The current COVID-19 vaccines have received Emergency Use Authorization (“EUA”) from the Food and Drug Administration.  The Federal Food, Drug and Cosmetic Act (“FDCA”) governs the conditions of emergency use authorization including the condition that: “individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product…” Section 546(e)(1)(A). Both the Pfizer-BioNTech COVID-19 EUA Fact Sheet and the Moderna COVID-19 EUA Fact Sheet clearly specify that…
The Families First Coronavirus Response Act (the FFCRA) required most private employers with less than 500 employees and certain public employers to provide paid leave benefits to eligible employees for specified qualifying reasons related to COVID-19.  Full-time employees, unable to work or telework for qualifying reasons, were eligible to receive a total of up to 80 hours of paid sick leave.  Another 10-12 weeks of paid expanded family medical leave was available to eligible employees unable to work or telework because of school or daycare closures related to COVID-19.  The leave benefits became effective April 1, 2020, with a sunset…
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Dec. 28, 2020 – The Centers for Disease Control (CDC) has outlined three tiers of population groups that should be within Phase 1 of the COVID-19 rollout, and lawyers and judges should be in the third tier, according to recent guidance from the CDC. In early December, the CDC’s Advisory Committee on Immunization Practices (ACIP) recommended that health care personnel and residents of long-term care facilities be offered COVID-19 vaccines first, in Phase 1a of the vaccination program. Phase 1b, the second recommended group for prioritization, includes those aged 75 years and older and “front-line essential workers (non-health care workers).”…
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On the evening of December 21, 2020 the House and Senate passed the Consolidated Appropriations Act, 2021 (the “Act”), a 5,593 page bill that funds the federal government for the next fiscal year and provides long anticipated COVID-19 pandemic relief to individuals and businesses.  President Trump is expected to sign the legislation shortly. It is hard to believe that the first COVID-19 relief legislation (the CARES Act) was enacted on March 27, 2020, because it seems like it has been around forever.  A significant piece of that legislation was the Paycheck Protection Program (PPP), a loan program under Section 7(a)…
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On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021, which President Trump is expected to sign.  The Act does not extend the Family First Coronavirus Response Act (“FFCRA”).  The FFCRA mandated leave is still set to expire on December 31, 2020. In 2021, covered employers (less than 500 employees) can choose to continue to provide the same paid sick leave and paid family leave, but they are not required to do so. If an employer chooses to extend the leave for their employees, they can still take the tax credit under the FFCRA. Under the Act, employers can…
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Dec. 22, 2020 – As leaders of the State Bar of Wisconsin, we denounce vicious personal attacks targeting Wisconsin Supreme Court justices and any judge for the decisions they are asked to make while upholding our Constitution and the rule of law. According to various media reports, justices and judges are being threatened with acts of violence and personally attacked in emails, anonymous voicemails, and blog posts.  Among many disturbing words, justices were referred to as “terrorist,” “traitor,” and “tyrant bitch.” Of even greater concern are the vehement anti-Semitic attacks towards individual members of the Court. Sadly, these unconscionable attacks…
The American Association of Law Libraries reports that academic librarians may now qualify for exemption from FOIA request fees as educational institution requestors.  From the AALL Washington Update: The  Office of Management and Budget (OMB) accepted AALL’s recommendation that federal agencies should consider librarians at educational institutions, including academic law librarians, as eligible for fee exemptions under the Freedom of Information Act (FOIA). The FOIA requires federal government agencies to disclose government information upon request unless it falls under a specific exemption, such as to protect national security. Federal agencies are permitted to charge fees for responding to FOIA requests,…