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Annual Constitutional Law Symposium 2019

Product ID: CA2935D
Presented By: State Bar of Wisconsin PINNACLE

The bumpy road to a more perfect union

The Constitution was drafted in a profoundly different world, but more than two hundred years later, this document continues to affect the most important areas of Americans’ lives.

At the Annual Constitutional Law Symposium 2019, you’ll explore hot topics in modern constitutional law, as well as take a look back at the Founding Fathers’ original struggles to create and ratify a document that would serve the needs of a diverse citizenry.

Common good>personal liberty?

In 2000, the CDC declared that the measles—one of the world’s most contagious diseases—was eliminated in the United States.1 In 2018, an outbreak occurred north of New York City. To date, measles cases have been confirmed in 31 states,2 threatening to reverse the U.S.’s measles-elimination status.

With the re-emergence of this extremely infectious virus has also come the age-old question of individual liberty vs. the common good: what can public health officials do when faced with a contagious disease outbreak but are limited in their ability to require mandatory medical treatments such as vaccinations? Using modern due process analysis, predict what a court might do when facing a due process challenge to government actions taken to protect public health.

8th Amendment challenges to civil forfeitures

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Under controversial civil asset forfeiture laws, the police can seize and keep a person’s assets without having to prove a crime was committed. The potential financial incentive has led to more aggressive policing tactics around the country; some municipal and country agencies have gone as far as to use forfeiture funds to supplant their entire departmental budgets.3

In May 2013, the police seized a man’s Land Rover because they said he used the vehicle to deal heroin. In Timbs v. Indiana, the U.S. Supreme Court unanimously ruled that states are barred from imposing excessive fines. While the Court didn’t rule whether seizing Timbs’ car qualified as “excessive,” explore how this sweeping ruling could limit future seizures by local and state police.

Read More ↓

Interested in sponsoring this program? Find out more.

Select a Format

OnDemand Seminar

Pricing

Member $259.00

Non-Member $339.00

Credits

6 CLE

Credits are available only if viewed prior to 12/31/2020.

Quantity:
Maximum quantity must be less than or equal to 1.

The bumpy road to a more perfect union

The Constitution was drafted in a profoundly different world, but more than two hundred years later, this document continues to affect the most important areas of Americans’ lives.

At the Annual Constitutional Law Symposium 2019, you’ll explore hot topics in modern constitutional law, as well as take a look back at the Founding Fathers’ original struggles to create and ratify a document that would serve the needs of a diverse citizenry.

Common good>personal liberty?

In 2000, the CDC declared that the measles—one of the world’s most contagious diseases—was eliminated in the United States.1 In 2018, an outbreak occurred north of New York City. To date, measles cases have been confirmed in 31 states,2 threatening to reverse the U.S.’s measles-elimination status.

With the re-emergence of this extremely infectious virus has also come the age-old question of individual liberty vs. the common good: what can public health officials do when faced with a contagious disease outbreak but are limited in their ability to require mandatory medical treatments such as vaccinations? Using modern due process analysis, predict what a court might do when facing a due process challenge to government actions taken to protect public health.

8th Amendment challenges to civil forfeitures

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Under controversial civil asset forfeiture laws, the police can seize and keep a person’s assets without having to prove a crime was committed. The potential financial incentive has led to more aggressive policing tactics around the country; some municipal and country agencies have gone as far as to use forfeiture funds to supplant their entire departmental budgets.3

In May 2013, the police seized a man’s Land Rover because they said he used the vehicle to deal heroin. In Timbs v. Indiana, the U.S. Supreme Court unanimously ruled that states are barred from imposing excessive fines. While the Court didn’t rule whether seizing Timbs’ car qualified as “excessive,” explore how this sweeping ruling could limit future seizures by local and state police.

Read More ↓

Program Chair:

Grant C. Killoran
O'Neil, Cannon, Hollman, DeJong & Laing, S.C.
Milwaukee

Presenters:

Chad Baruch
Johnston Tobey Baruch
Dallas, TX

Asma Imtiazali Kadri
ACLU of Wisconsin Foundation, Inc.
Milwaukee

Christopher Keeler
O'Neil, Cannon, Hollman, DeJong & Laing, S.C.
Milwaukee

Carrie Norbin Killoran
Advocate Aurora Health
Milwaukee

Ian A.J. Pitz
Michael Best
Madison

Robyn S. Shapiro
Health Sciences Law Group LLC
Fox Point

Christa D. Wittenberg
O'Neil, Cannon, Hollman, DeJong & Laing, S.C.
Milwaukee

8:00 a.m. : Registration

8:30 a.m. : The Drafting of the Constitution

  • Collapse of the Articles
  • The Constitutional Convention
  • Ratification
  • The role of the Bill of Rights
  • The role of James Madison

Chad Baruch

9:30 a.m. : The Excessive Fines Clause of the Eighth Amendment and Civil Asset Forfeiture

  • Historical framework for the Clause
  • “Fines” defined
  • Tests used by various courts: Instrumentality test, proportionality test, excessiveness test, Bajakajian factors
  • Consideration of the individual’s ability to pay
  • Application to the states – Timbs v. Indiana

Ian. A.J. Pitz

10:30 a.m. : Break

10:45 a.m. : Due Process Uncertainty While Confronting a Measles Outbreak

  • Reactive mechanisms available to public health officials
  • Constitutional limits on public health officials’ authority under the Due Process Clause
  • Factors that may be considered by a court applying modern day Due Process analysis to public health measures (e.g. quarantines, vaccinations)

Carrie Norbin Killoran, Robyn S. Shapiro, Christa D. Wittenberg

11:45 a.m. : Lunch (on your own)

12:45 p.m. : Juveniles in the Criminal Justice System

  • Conditions in youth facilities
  • Life without parole
  • The application of the Eighth Amendment to juveniles
  • How might Mathena v. Malvo impact the substantive rights of juvenile prisoners?

Asma Imtiazali Kadri, Christopher Keeler

1:45 p.m. : The Third Amendment: The Runt Piglet of the Bill of Rights

  • A restriction on governmental intrusions upon individuals or ammunition for expansive Executive power in times of conflict?
  • Does the Third Amendment have modern applications?

Grant Killoran

2:45 p.m. : Program Concludes

Following program start times, webcast replay schedule will vary slightly from above listed times.

  • Find out what’s in store for the law surrounding civil asset forfeitures after Timbs v. Indiana
  • Explore how Mathena v. Malvo may retroactively impact the sentencing of juveniles sentenced to life without parole
  • Understand due process limits on governmental measures to address public health emergencies
  • Examine the Third Amendment’s modern day applicability
  • Review the tumultuous process that led to the ratification of the Constitution
  • Individual rights & liberties attorneys
  • Criminal lawyers
  • Public interest attorneys
  • Government lawyers

Attorney's Guide to the Seventh Circuit Court of Appeals
Save 20% on the Attorney's Guide to the Seventh Circuit Court of Appeals.* Plus, all seminar attendees receive a free two-week trial of the Books UnBound® version. It's your roadmap to delivering a successful appeal. Use discount code CA2935 when you order online or by calling (800) 728-7788.

*Discount applies to both print and digital Books UnBound editions of this title and cannot be applied to previous purchases. Offer valid as long as CLE credit is available for this program. For Books UnBound users, discount may be applied to purchase of individual Books UnBound title only and may not be used on purchase of full library.

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