On July 15, 2020, the Appellate Practice Section announced its winners of its third Best Briefs competition. The biennial competition looks for excellence in brief writing amongst the Wisconsin bar.Because appellate practice centers around brief writing, the competition’s goal is to recognizes personal achievement that also aids appellate attorneys striving to improve their writing and argumentation skills.
To be chosen is no easy task. First, it takes nomination. Anyone can nominate a brief – the authors, colleagues, friends,…
Continue Reading Meet the Brief-Writing Champions of Appellate Practice Section’s Best Brief Competition

In January 2020, Max Stephenson and Erin Strohbehn wrote a blog entry related to cases that were pending before the U.S. Supreme Court.
The cases involve the scope of the Civil Rights Act of 1964 and the incredibly important question of whether Title VII’s prohibition on sex discrimination encompasses claims of discrimination on the basis of sexual orientation and gender identity.

Max T. Stephenson, Marquette 2013, is an attorney with Gimbel, Reilly, Guerin & Brown, LLP, in…
Continue Reading A ‘Monumental’ Decision: U.S. Supreme Court and LGBTQ Discrimination

In October 2019, the United States Supreme Court heard oral arguments in three cases expected to have a major impact upon the more than 11 million members of the LGBTQ community.

At issue is the scope of the Civil Rights Act of 1964 and the incredibly important question of whether Title VII’s prohibition on sex discrimination encompasses claims of discrimination on the basis of sexual orientation and gender identity.
Background
Since the passage of the Civil Rights Act, it…
Continue Reading U.S. Supreme Court, LGBTQ Discrimination, and Title VII Protections

Note: This is the first of six articles on the appellate standards of review.Year after year, the first Saturday in May marks arguably the greatest event in horse racing: the Kentucky Derby. This year’s derby was no exception, albeit perhaps for different reasons.
Held on May 4, 2019, a field of 19 3-year-old thoroughbred horses took to the turf in sloppy, rain-soaked conditions. On the line was a seven-figure purse to the winner. A horse named Maximum Security, the…
Continue Reading Appellate Standards of Review: 'Neigh' to Kentucky Derby Appeal (Part 1)

Note: This is the second of six articles on the appellate standards of review. Start at part one.

In legal parlance, many Latin terms have become so commonplace they are neither hyphenated nor highlighted: the terms are part of everyday nomenclature.
One example is “sua sponte,” the name by which this blog is known.
Another, at issue in this blog, is the term “de novo.” Black’s Law Dictionary defines “de novo” as meaning “anew; afresh; a second time,”…
Continue Reading Appellate Standards of Review: De Novo Has Many Meanings (Part 2)

Note: This is the third of six articles on the appellate standards of review. Start at part one.

In part 2 of this series, I briefly discussed de novo review, a reviewing standard commonly understood as the least deferential standard of appellate review.
I am now going to discuss what deference means as it moves across the legal spectrum from least to most deferential – at which point terminology poses an immediate obstacle, as does context.
For…
Continue Reading Appellate Standards of Review: The Lingo of Deference (Part 3)

Note: This is the fifth of six articles on the appellate standards of review. Start at part one.

In the final two installments of this series on appellate standards of review, I harken back to the first post. There, I discussed the 2019 Kentucky Derby result where racing stewards, reviewing post-race objections, upheld at least one of the objections and found that a foul occurred. For the first time in the 145 years of the running of…
Continue Reading Appellate Standards of Review: Maximizing an Appeal for Maximum Security (Part 5)

Note: This is the last of six articles on the appellate standards of review. Start at part one.

In the final entry on this series covering standards of review, we now move from the internal appeal process to the next step: review through the courts. In doing so, I discuss the appeal process involving the Kentucky Derby, as well as the considerations that apply to review.
In terms of review, I’ve previously discussed commonly understood reviewing standards, ranging…
Continue Reading Appellate Standards of Review: Finding Justice for Maximum Security (Part 6)