The State of Wisconsin’s Administrative State

The Madison Lawyers Chapter of the Federalist Society and the WMC Foundation

The State of Wisconsin’s Administrative State

March 19, 2019
Wisconsin Manufacturers and Commerce
501 E. Washington
Madison, WI
Moderated by Andy Cook – Partner, Hamilton Consulting and former Deputy Attorney General

RSVP

9:00a.m. – 9:30
The December 2018 Extraordinary Session – The Speaker’s Perspective
Speaker Robin Vos – Speaker of the Wisconsin State Assembly

9:30 – 10:20
The Administrative State and Constitutional Self-Government
Professor Adam White – Executive Director, The C. Boyden Gray Center for the Study of  the Administrative State, Assistant Professor, George Mason University Antonin Scalia Law School
Professor White will kick off the seminar by discussing administrative law generally and more specifically, on the growth of administrative power at both the state and federal level.

10:20 – 10:30 BREAK

10:30 – 11:20
Rulemaking 101 – An Introduction to Wisconsin’s Administrative State
Bob Fassbender – President and General Counsel of the Great Lakes Legal Foundation
Delanie Breuer – Former Chief of Staff to Attorney General Schimel
This panel will discuss the numerous regulatory reforms enacted by the Wisconsin legislature over the past eight years, including 2011 Wisconsin Act 21 and the REINS Act.

11:20 – 11:50
December 2018 Extraordinary Session – Reasserting Legislative Authority of the Administrative State
Lane Ruhland – Director of Environmental and Energy Policy, Wisconsin Manufacturers and Commerce
Kevin LeRoy – Litigation Associate, Foley & Lardner, LLP and former Deputy Solicitor General
This panel will discuss a number of recent changes made in 2017 Wisconsin Act 369, passed during the December 2018 Extraordinary Session, including legislative oversight on administrative rulemaking and the Attorney General’s powers and changes to Chapter 227 relating to guidance documents.

11:50 – Noon BREAK

Noon – 1:00
Extraordinary Session Litigation
Misha Tseytlin – Partner, Troutman Sanders, LLP and former Solicitor General of WI
Jeff Mandell – Partner, Stafford Rosenbaum, LLP
Professor Miriam Siefter – Assistant Professor, University of Wisconsin Law School
This panel will discuss the legal merits in two of the pending cases brought against the laws enacted in the December 2018 Extraordinary Session. The two cases are

  •  League of Women Voters, et. al. v, Knudson
    2017 Act 369 is invalid because the legislature does not have the authority to call this extraordinary session.
  • SEIU, et. al. v. Vos
    Provisions of 2017 Act 369 are unconstitutional because they violate separation of powers principles.
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The 2017 – 2018 U.S. Supreme Court Term

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Please join special guest Christopher Walker and the Madison Lawyers Chapter of the Federalist Society Monday, November 6th, for a preview and discussion of the 2017 – 2018 U.S. Supreme Court term.

Professor Walker is an associate professor at the Ohio State University Moritz College of Law.   Prior to joining the law faculty in 2012, Professor Walker clerked for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. He also worked for several years at a litigation boutique in Washington, D.C., as well as on the Civil Appellate Staff at the U.S. Department of Justice, where he represented federal agencies and defended federal regulations in a variety of contexts.  Professor Walker received his law degree from Stanford and a master’s in public policy from Harvard’s Kennedy School of Government.  At Stanford, he served as managing editor of the Stanford Law Review and editor-in-chief of the Stanford Law and Policy Review.

Lunch is served at 11:30 a.m. and the program concludes at 1:00 p.m.

Cost:  $15 Members/$20 Guests

To RSVP, click here.

Madison Club
5 East Wilson Street
Madison, WI

CLE Materials:   https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3032248

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The Future of Judicial Nominations under President Trump

Join special guest Ilya Shapiro and the Lawyers Chapter of the Madison Federalist Society to discuss the future of judicial nominations under President Trump.

Wednesday, June 21
Lunch Begins at 11:30
Program begins at noon.

Madison Club
5 East Wilson Street
Madison, WI

$15 Federalist Society Member
$20 Non-Federalist Society Member
Please Complete the RSVP Form

 

CLE Materials:

https://www.cato.org/publications/legal-policy-bulletin/what-kind-judge-neil-gorsuch

 https://www.cato.org/publications/commentary/justice-kennedy-once-future-swing-vote

https://www.cato.org/publications/commentary/7-things-trump-win-means-supreme-court

https://www.cato.org/publications/commentary/the-senate-should-refuse-confirm-all-of-hillary-clintons-judicial-nominees

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August 26th – Political Speech and the First Amendment

Political Speech and the First Amendment

One of the core principles of the First Amendment is the right to engage in political speech.  The United States Supreme Court has long protected that right, striking down a number of campaign finance restrictions.  Recent court decisions have also struck down several portions of Wisconsin’s campaign finance laws prompting a call from the Seventh Circuit Court of Appeals for state lawmakers to update the statutes. 

Join us next Wednesday, August 26th, as the Heritage Foundation’s Hans von Spakovsky discusses recent case developments in campaign finance law and calls for legislative reform.

Hans von Spakovsky is the manager of the Heritage Foundation’s Election Law Reform Initiative.  He studies and writes on elections issues such as campaign finance restrictions along with voter fraud and voter ID issues.  He is the co-author of the book “Who’s Counting?: How Fraudsters and Bureaucrats Put Your Vote At Risk.”  Before joining Heritage, von Spakovsky was responsible for enforcing campaign finance laws as a member of the Federal Election Commission.


Wednesday, August 26, 2015
12:00 p.m. – 1:30 p.m.

Lunch Available at 12:00 p.m.
Program Begins at 12:30 p.m.

Madison Club
5 East Wilson Street
Madison, WI

$15 Federalist Society Member
$20 Non-Federalist Society Member
(lunch included)
CLE Pending
 

Please Complete the RSVP Form 

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July 6, 2015 – The Aftermath of King v. Burwell

Event Recap:

Video coverage is available from WisconsinEye of our event on July 6th on the aftermath of King v. Burwell.

King v Burwell


 

The Aftermath of King v. Burwell

Join us for a timely post-decision discussion on the legal and policy implications of King v. Burwell featuring a distinguished panel of health care policy scholars and U.S. Senator Ron Johnson.

At issue in the case was whether Obamacare tax subsidies are available to individuals who purchased insurance under the federal health care exchange. By a vote of 6-3, the court ruled against a plain-language reading of the law holding instead that the subsidies are such an integral part of the law that Congress meant for the subsidies to apply in every state.

Legal analysis of the case will be given by health care policy experts Thomas Miller of the American Enterprise Institute and UW-Madison Political Science Professor Howard Schweber.  Following the analysis on the court case outcome, Senator Johnson will discuss Congressional reaction to the decision and whether Congress may act to repeal or reform the law.

Monday, July 6, 2015
11:30 a.m. – 1:00 p.m.

Lunch Available at 11:30 a.m.
Program Begins at 12:00 p.m.

Madison Club
5 East Wilson Street
Madison, WI

$15 Federalist Society Member
$20 Non-Federalist Society Member
(lunch included)
CLE Pending

Please Complete the RSVP Form

Guests:
U.S. Senator Johnson is a first-term Senator from Oshkosh, Wisconsin who defeated three-term incumbent Senator Russ Feingold in 2010.  Prior to being elected to the Senate, Johnson was CEO of a plastics manufacturing company, PACUR.  Johnson is up for re-election in 2016 and is being challenged by former Senator Russ Feingold.

Howard Schweber is a Professor of Political Science and Legal Studies at the University of Wisconsin-Madison, where he is also an affiliate faculty member of the Law School, the Integrated Liberal Studies program, and the Center for the Advancement of Postsecondary Education.  He is the author of books on the First Amendment, American legal history, constitutional philosophy and democratic theory, most recently “Democracy and Authenticity” (2012, Cambridge University Press).

Thomas Miller is a resident fellow at the American Enterprise Institute (AEI), where he studies health care policy, including health insurance and market-based alternatives to the Affordable Care Act. A former senior health economist for the Joint Economic Committee (JEC) in Congress, Miller was previously a trial attorney, journalist, and sports broadcaster. He is the coauthor of the bestseller “Why ObamaCare Is Wrong For America” (HarperCollins, 2011), the first in-depth examination of the impact of the new health care law.

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April 28, 2015 – 25th Anniversary of Milwaukee School Choice Program

Event Recap:

Video coverage is available from WisconsinEye of our event on April 28th on the 25th Anniversary of the Milwaukee School Choice Program.

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25th Anniversary of the Milwaukee School Choice Program

Join us to welcome school choice legal expert Clint Bolick from the Goldwater Institute. Mr. Bolick, author of Voucher Wars: Waging the Legal Battle Over School Choice (2003), will provide a history on the creation of Wisconsin’s school choice program, a summary of legal challenges to the program and legislative updates on programs in other states.

Tuesday, April 28, 2015
11:30 a.m. – 1:00 p.m.
Lunch Available at 11:30 a.m.
Program Begins at 12:00 p.m.

Madison Club
5 East Wilson Street
Madison, WI

$15 Federalist Society Member
$20 Non-Federalist Society Member (lunch included) CLE Pending

Please Complete the RSVP Form by Thursday, April 24

Guest:

Clint Bolick, Goldwater Institute, Vice President for Litigation In a recent profile, the New York Times said that Bolick is “known for his aggressive litigation to defend individual liberties.” He has argued and won cases in the United States Supreme Court, the Arizona Supreme Court, and state and federal courts from coast to coast. He has won landmark precedents defending school choice, freedom of enterprise, and private property rights and challenging corporate subsidies and racial classifications. He is widely considered the nation’s foremost legal expert on school vouchers and tax credits.

Before joining the Goldwater Institute in 2007, Bolick was co-founder of the Institute for Justice and later served as president of the Alliance for School Choice. Bolick helped author the Health Care Freedom Act and the Save Our Secret Ballot amendment, which were added to the Arizona Constitution in 2010 and adopted in several other states. He also has assisted policy activists in several states to establish litigation centers based on the Goldwater Institute model. In 2003, American Lawyer recognized Bolick as one of three lawyers of the year for his successful defense of school choice programs, culminating in Zelman v. Simmons-Harris in the U.S. Supreme Court. In 2009, Legal Times named Bolick one of the “90 Greatest D.C. Lawyers in the Past 30 Years.” Bolick received one of the freedom movement’s most prestigious awards, the Bradley Prize, in 2006 for advancing the values of democratic capitalism. Bolick has authored several books, most recently with Governor Jeb Bush, Immigration Wars: Forging an American Solution. Other titles include Death Grip: Loosening the Law’s Stranglehold Over Economic Liberty (2011), David’s Hammer: The Case for an Activist Judiciary (2007), and Voucher Wars: Waging the Legal Battle Over School Choice (2003).

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Oct 28th – Reflections from Office: The Role of the Attorney General

MADISON LAWYERS CHAPTER
PRESENTS:
Reflections from Office: The Role of the Attorney General

-featuring-

Attorney General JB Van Hollen

van-hollen

-moderated by-

Patrick J. Fiedler
Partner at Axley

PFiedler-small

Tuesday, October 28th, 2014
11:30am – 1:00pm
Lunch Available at 11:30 a.m.
Program Begins at 12:00 p.m.

The Madison Club
5 East Wilson Street
Madison, WI

Complete the RSVP Form
$15 Federalist Society Member

$20 Non-Federalist Society Member
(lunch included)

In two weeks, Wisconsinites will elect one of two candidates to replace AG Van Hollen as the state’s “top cop.”  AG Van Hollen was first elected to office in 2006 and after serving two four-year terms, he will not seek a third term.  AG Van Hollen will join us next Tuesday, October 28th to discuss the role of Wisconsin’s Attorney General and reflect on his successes and challenges over his eight years in office.

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Sept. 10 – Act 10: A Postmortem

Event Recap:

On September 10th, the Madison Federalist Society held an event reviewing the past legal challenges to 2011 Wisconsin Act 10.

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Video coverage of the event is available from WisconsinEye


MADISON LAWYERS CHAPTER

PRESENTS:

Act 10: A Postmortem

-featuring-

Deputy Attorney General Kevin St. John
Attorney Eric Mcleod
Attorney Lester Pines

Moderated by Brian Hagedorn

2011 Wisconsin Act 10, better known as the “Budget Repair Bill,” garnered national attention when thousands of protestors filled the state Capitol day-in and day out in opposition to its collective bargaining provisions; comprising one of the largest protests ever seen in Wisconsin. Before it was even published, Act 10 became mired in complex state and federal litigation. With last week’s WI Supreme Court decision to uphold Act 10 in its entirety, the legal challenges to the law have finally been exhausted. Join us on September 10th to discuss the entire legal trajectory of Act 10 with a panel discussion by Wisconsin Deputy AG Kevin St. John and Attorneys Eric Mcleod and Lester Pines.

Wednesday, September 10, 2014
11:30am – 1:00pm
Lunch Available at 11:30 a.m.
Program Begins at 12:00 p.m.

The Madison Club
5 East Wilson Street
Madison, WI

Complete the RSVP Form
$15 Federalist Society Member
$20 Non-Federalist Society Member
(lunch included)
1.0 hour of CLE will be applied for.

 

About the Speakers:

Deputy Attorney General Kevin St. John was appointed Deputy Attorney General by Attorney General J.B. Van Hollen on January 8, 2011. As Deputy Attorney General, Kevin St. John is the chief operating officer of the Department of Justice. Immediately prior to his appointment as Deputy Attorney General, Kevin St. John served as the Department of Justice’s Special Assistant Attorney General for Public Affairs and Policy. He joined the Department of Justice in that role on January 1, 2007. Prior to his government service, Kevin St. John practiced law with the Madison office of Michael Best & Friedrich LLP and the Washington, D.C., office of Gibson, Dunn & Crutcher LLP. St. John is a graduate of the University of Wisconsin-Madison and earned his law degree from the University of Chicago. Kevin St. John represented the State of Wisconsin in the Act 10 case and argued on its behalf before the Wisconsin Supreme Court on November 11, 2013.

Attorney Eric McLeod is an attorney in the Madison office of Whyte Hirschboeck Dudek S.C. where he is a member of the firm’s Litigation Practice Group and Energy & Mining Team. Mr. McLeod’s more than 20 years of professional experience includes complex business litigation, as well as administrative, regulatory, and constitutional law. His practice focuses on land use and large facility siting, involving the development of nonmetallic/industrial sand mining facilities, large agricultural facilities and related litigation. Prior to joining WHD, he practiced with a large Wisconsin-based law firm and more recently was a sole practitioner at Eric McLeod Law, LLC. Attorney Eric Mcleod served as special counsel to Governor Scott Walker on state and federal challenges to 2011 Wisconsin Act 10.

Attorney Lester Pines is a Senior Partner in the firm Cullen Weston Pines & Bach LLC. In practice since 1975, he leads the Litigation area, concentrating in civil trials, criminal defense, labor & employment, and business. His wide-ranging civil trial practice encompasses intellectual property disputes, constitutional and civil rights claims, employment, personal injury and commercial cases. He regularly defends doctors and lawyers who have been administratively accused of violating the rules governing their professions. His criminal defense work has involved many high profile cases, especially involving teachers, police officers and other public employees. He is counsel to Madison Teachers, Inc., which represents the employees of the Madison Metropolitan School District. Attorney Lester Pines represented clients who challenged 2011 Wisconsin Act 10 and argued before the Wisconsin Supreme Court on November 11, 2013.

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Flat, Fair or Fundamental: The Future of Tax Reform in Wisconsin

Event Recap:

Video coverage is available from WisconsinEye of our event on April 24th on the future of tax reform in Wisconsin.

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MADISON LAWYERS CHAPTER
PRESENTS: 

Flat, Fair or Fundamental:
The Future of Tax Reform in Wisconsin

 Featuring:

  • Dale Kooyenga, 14th Assembly District
  • Robert Kraig, Citizen Action
  • Todd Berry, Wisconsin Taxpayers Alliance

Todd Berry of the WI Taxpayers Alliance will moderate a debate between State Representative Dale Kooyenga and Robert Kraig of Citizen Action of Wisconsin on the future of tax reform in Wisconsin.   Video coverage available at WisconsinEye.

Complete the RSVP Form by Sunday, April 20

Thursday, April 24, 2014
11:30am – 1:00pm
Lunch Available at 11:30 a.m.
Program Begins at 12:00 p.m.
The Madison Club
5 East Wilson Street
Madison, WI

$15 Federalist Society Member
$20 Non-Federalist Society Member
(lunch included)
1.0 hour of CLE will be applied for.

About the Event:
Flat, fair, or fundamental; what is the future of tax reform in the state of Wisconsin? While most dread April 15th, the vast majority believe that some level of taxation is necessary for essential services. As Justice Oliver Wendell Holmes said, “taxes are what we pay for a civilized society.” Beyond this recognition that some taxes are necessary, the differing philosophies on tax policy are as complex as our tax laws themselves. On April 24th, Representative Dale Kooyenga and Robert Kraig of Citizen’s Action of Wisconsin will debate these myriad tax policy philosophies.

About the Speakers:

Todd Berry, President of the Wisconsin Taxpayers Alliance

Todd Berry has been the President of the Wisconsin Taxpayers Alliance since 1994.  Founded in 1932, the Alliance is a nonprofit which serves to educate the public on government taxing, spending and the state’s economy.  Prior to his work with the Alliance, Berry served as Wisconsin’s Assistant Secretary of Revenue and has served on numerous gubernatorial and legislative commissions and task forces.

Representative Dale Kooyenga (R-Brookfield) of the 14th Assembly District of Wisconsin

Representative Dale Kooyenga began his career as a CPA working for a large international accounting firm. During his career as a public accountant he worked with the State of Wisconsin’s largest manufacturing, health care, financial services and not-for-profit organizations. Dale is also a graduate of Marquette University’s MBA program.

In 2005, Dale left his career in public accounting to serve his country. He attended the United States Army’s basic training, Officer Candidate School and the Military Intelligence Officer Course. After completing the year-long Army training Dale returned to his career in public accounting and married.

Dale was called up for service in Iraq in 2008. Although trained as a Military Intelligence Officer, Dale was quickly assigned as the 4th Infantry Division’s Officer in Charge of Economic Development in Baghdad. Dale served in Iraq from January 2008 to November 2008. Dale was awarded the Bronze Star for his service.

In the Fall of 2010, Dale was elected to represent the 14th District for the Wisconsin State Assembly. He was sworn into office on January 3rd, 2011.

As a member of the “CPA Caucus” in the Wisconsin Assembly Dale has made his mark as a leader in conservative tax reform. Click here to view a memo on Representative Kooyenga’s tax reform plan passed in Wisconsin’s 2013-2015 Biennial Budget.

Robert Kraig, Executive Director of Citizen Action of Wisconsin

Over the past 14 years, Robert has played a significant role in the Wisconsin public policy arena.  Robert is a leading strategist in the Wisconsin progressive movement, and is especially known for developing innovative approaches to promote health care reform.

In October of 2011 Robert was one of the recipients of the Citizen Leadership Award from the Campaign for America’s Future.  In January of 2009 Families USA, the national organization for health care consumers, presented Robert with its “Consumer Health Advocate of the Year Award.”

He has authored eleven reports on various aspects of the health care crisis, and speaks throughout the country on reform legislation, including tax policy.  Robert earned a Ph.D. at the University of Wisconsin-Madison, holds a B.A. from the University of Pittsburgh, and an M.A. from the University of Georgia.  He is the author of several major academic articles on American political rhetoric and a well-regarded book, Woodrow Wilson and the Lost World of the Oratorical Statesman (Texas A&M Press).

From 1999-2005 he was the Wisconsin Political Director for SEIU, where he helped develop and win the passage of several policy innovations which enabled over twelve thousand low- wage workers to form unions. He grew up in Oak Park, Illinois, and has lived in Wisconsin since 1989.

 

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