This week’s blog entry discusses ABA Formal Opinion 517. That opinion talks about discrimination in the jury selection process under ABA model rule 8.4(g) which prohibits attorneys from discriminating on the basis of various protected characteristics. As readers of my blog know, this has been a long-standing interest of mine. For example, we discussed peremptory
WIRTW #765: the ‘It’s a Bird… It’s a Plane…’ edition
Superman is an undocumented immigrant who punches Nazis. And if that makes him “woke,” then maybe we need more woke heroes.
MAGAworld is melting down over James Gunn’s Superman reboot because Gunn says that its a story about “immigrants and basic human kindness.” Kellyanne Conway called it a woke lecture. Jesse Watters said his
Capitol Connection, July 2025
The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the July issue of the Capitol Connection.
In this issue:
- Governor Tony Evers Signs 2025–2027 Wisconsin Biennial Budget into Law
- K-12 Education and Child Care
- UW System and Technical Colleges
- Tax Relief for Household
Apple takes a bite of the NLRB in 5th Circuit ruling
In the workplace, not all questions are coercive and not all policy enforcements are discriminatory.
Case in point: Apple v. NLRB, in which the 5th Circuit just handed the tech giant a full reversal, rejecting findings by the Board that the company violated the NLRA by:
1. Coercively interrogating an employee about union activity;
‘Big Beautiful Bill’ Leaves AI Regulation to States and Localities … For Now
On July 4, 2025, President Trump signed the One Big Beautiful Bill Act into law—a budget reconciliation bill enacting several signature policies of the President’s second-term agenda. Left on the cutting-room floor, however, was an ambitious attempt to prohibit nearly all state and local regulation of artificial intelligence (“AI”) for the foreseeable future.
The version
Yes, you can be fired for what you say outside of work… especially when it’s hateful.
In Darlingh v. Maddaleni, the Seventh Circuit just upheld the firing of a school counselor who gave a profanity-laced anti-trans tirade at a public rally. She promised “not a single” student under her watch would “ever, ever transition,” and made sure to identify herself as a Milwaukee Public Schools employee while doing it.
She
New CMS Model Targets Inefficient Medicare Spending Through AI and Clinical Oversight
The Centers for Medicare & Medicaid Services (CMS) has launched the WISeR Model (Wasteful and Inappropriate Service Reduction) to modernize and streamline Medicare’s prior authorization process. By partnering with tech companies, CMS will test the use of modern tools, such as artificial intelligence, to reduce unnecessary or low-value services that drive up costs and pose
A Crisis Threatens the Dignity of Labor
By Erika Davis
The Law Students on Workers’ Rights series publishes essays from current and incoming students from top law schools across the country. These essays, submitted for the Charles E. Joseph Employment Law Scholarship, address the question “What is the most significant challenge facing workers’ rights, and what role should employment attorneys play
California’s AI Employment Discrimination Regs Receive Final Approval
Quick Hits
- The California Civil Rights Council has received final approval for comprehensive regulations governing the use of AI and “automated-decision systems” in employment, aimed at preventing discrimination.
- These regulations clarify that employers must not use “automated-decision systems” that discriminate against applicants or employees based on protected characteristics under California antidiscrimination laws.
- California joins other
OSHA’s FY 2026 Budget Justification Offers Insight Into a Much Smaller Agency
Quick Hits
- OSHA’s FY 2026 budget request includes $582,381,000 in discretionary funding and 1,587 FTEs, reflecting a decrease of $49,928,000 and 223 FTEs from FY 2025.
- The proposed budget emphasizes targeted enforcement in high-hazard industries, modernization of technical support functions, and enhanced data-driven decision-making.
- Significant reductions include the elimination of the Susan Harwood Training Grant