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Constitutional Digest

Jul 18, 2013

Constitutional Law; Due process; debarment

12-3352 Blackout Sealcoating, Inc., v. Peterson

Jul 17, 2013

Constitutional Law; Sovereign immunity

12-2702 McDonough Associates, Inc., v. Grunloh

Jan 18, 2013

Constitutional Law; Freedom of speech; equal protection

12-1854, 12-2011 & 12-2058 WEAC v. Walker

Aug 2, 2012

Constitutional Law – Prisons – freedom of speech

11-3914 Toston v. Thurmer

Apr 12, 2012

Constitutional Law – FIPOF; constitutionality

2011AP1035-CR State v. Pocian

Apr 11, 2012

Constitutional – Law FIPOF; constitutionality

2011AP1035-CR State v. Pocian

Jul 19, 2011

10-3339 Woods v. IDOC

Constitutional Law Freedom of speech

Jul 6, 2011

10-3525 Ezell v. City of Chicago

Constitutional Law Right to bear arms; firing ranges

May 23, 2011

09-1233 Brown v. Plata

Constitutional Law Cruel and Unusual Punishment A court-mandated population limit is necessary to remedy the violation of prisoners’ constitutional rights and is authorized by the PLRA. The evidence supports the three-judge court’s finding that “no other relief [would] remedy the violation,” §3626(a)(3)(E)(ii). The State’s claim that out-of-state transfers provide a less restrictive alt[...]

May 20, 2011

2008AP1139 State v. Ninham

Constitutional Law Cruel and unusual punishment Sentencing a 14-year-old to life imprisonment without the possibility of parole for committing intentional homicide is not categorically unconstitutional. “We arrive at our holding by applying the two-step approach employed by the United States Supreme Court, most recently in Graham v. Florida, 130 S. Ct. 2011 (2010). First, we […]

May 19, 2011

10-1948 Keene v. Consolidation Coal Co.

Constitutional Law Due process; takings; black lung disease Section 1556 of the PPACA, amending the Black Lung Benefits Act, to create a retroactive presumption in favor of benefits, is not unconstitutional. “Consol falls far short of meeting its burden. Notably, the Supreme Court has already rejected an argument that the BLBA as a whole violates […]

May 10, 2011

2010AP342 Brenner, et al. v. City of New Richmond, et al.

Constitutional Law Takings; avigation easements Robert Brenner, Steven and Cristy Wickenhauser, and Allan and Susan Seidling (collectively, the Landowners) appeal an order dismissing their Wis. Stat. § 32.10 petition for inverse condemnation proceedings. The Landowners argue the circuit court applied the wrong legal standard when it concluded that there was no taking because the Landowners [&hell[...]


Should Justice Protasiewicz recuse herself on gerrymandering cases that go before the Wisconsin Supreme Court?

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