How Appealing


Thursday, February 2, 2012

"Court rules against abortion protester": The Philadelphia Daily News has an update that begins, "An antiabortion protester who was arrested for refusing to move to another spot on Independence Mall in 2007 can't collect damages from two park rangers who detained him, a federal appeals court in Philadelphia ruled Thursday."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:06 PM by Howard Bashman




"Colbert v. the Court: Why, in the battle over Citizens United, the Supreme Court never had a chance." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:26 PM by Howard Bashman




"Court sanctions lawyers behind 9/11 case": Terry Baynes of Reuters has this report.

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 04:35 PM by Howard Bashman




Ninth Circuit rejects federal Fair Housing Act and California Fair Employment and Housing Act claims against Roommate.com for allowing users to select roommates based on their sex, sexual orientation, and familial status: You can access today's ruling of a partially-divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Chief Judge Alex Kozinski wrote the majority opinion.
Posted at 01:20 PM by Howard Bashman




"[W]e conclude that the district court abused its discretion by ordering the unsealing of the recording of the trial notwithstanding the trial judge's commitment to the parties that the recording would not be publicly broadcast." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit on the issue of the public release of the Proposition 8 federal district court trial videos at this link.

The unanimous three-judge panel's opinion concludes, "For the reasons discussed above, we reverse the order of the district court as an abuse of its discretion and remand with instructions to maintain the trial recording under seal." Circuit Judge Stephen Reinhardt wrote the opinion of the Court.

In early news coverage, The Associated Press reports that "Court won't release CA gay marriage trial videos."

And at "SCOTUSblog," Lyle Denniston has a post titled "Prop. 8: Video release barred."
Posted at 01:06 PM by Howard Bashman




Justice Sonia Sotomayor appeared on a new episode of "Sesame Street" last week: Reporter Jonathan Ringel has this blog post, while Brandon Kraft offers an even more humorous take.

You can access Justice Sotomayor's "Muppet Wiki" page at this link.
Posted at 11:40 AM by Howard Bashman




"Female veteran sues U.S. over denial of full benefits; The Pasadena woman, a 12-year Army veteran who served in Iraq, says she was denied full benefits because she is married to a woman; The suit targets the 1996 Defense of Marriage Act": Carol J. Williams has this article today in The Los Angeles Times.

And in today's edition of The San Francisco Chronicle, Bob Egelko reports that "Same-sex couple sues military over benefits."
Posted at 11:20 AM by Howard Bashman




"'Defending Unpopular Positions Is What Lawyers Do'; In an era of ideological fencing, Paul Clement '92 won't be fenced in": Natalie Singer has this article in the Winter 2012 issue of the Harvard Law Bulletin.
Posted at 11:12 AM by Howard Bashman




"Ruling due on release of gay marriage trial videos": The Associated Press has this report.
Posted at 11:08 AM by Howard Bashman




Second Circuit denies rehearing en banc of decision striking down a provision of a federal statute denying federal monetary assistance in the fight against AIDS to any organization "that does not have a policy explicitly opposing prostitution and sex trafficking": You can access today's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, and the related concurrence and dissent, at this link.

Although the judges' opinions correctly use the term "en banc," the Clerk's Office's order appears wedded to the now-abandoned "in banc."

My earlier coverage of the divided three-judge panel's ruling in the case can be accessed here. As I explained in that earlier post, "this case may present a strong candidate for U.S. Supreme Court review."
Posted at 11:04 AM by Howard Bashman




Second Circuit issues what could be that court's final sanctions-related decision relating to appeal from dismissal of lawsuit against high-ranking federal officials alleging "a fantastical alternative history" of 9/11 attacks: You can access today's decision of the U.S. Court of Appeals for the Second Circuit at this link.

My earlier coverage of the Second Circuit's ruling on the appeal and that court's previous sanctions-related decision in the case can be accessed here and here.
Posted at 10:54 AM by Howard Bashman




"Court finds AmEx arbitration clause unenforceable": Terry Baynes of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 10:45 AM by Howard Bashman




"Justice Ginsburg visits mark Arab Spring uprisings": Mark Sherman of The Associated Press has this report.

And Mike Sacks of The Huffington Post reports that "Supreme Court Justice Ruth Bader Ginsburg Talks Constitution, Women And Liberty On Egyptian TV."
Posted at 10:42 AM by Howard Bashman




Wednesday, February 1, 2012

"Don Siegelman asks U.S. Supreme Court to review bribery conviction": The Montgomery Advertiser has this news update.

And The Birmingham News has an update headlined "Former Alabama Gov. Don Siegelman asks Supreme Court to review conviction."
Posted at 10:30 PM by Howard Bashman




"After high court ruling, advocates question rules on police searches using GPS": FOXNews.com has this report.
Posted at 10:28 PM by Howard Bashman




"Prop. 8: Video ruling due." Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:26 PM by Howard Bashman




"Live, From the Supreme Court": This editorial will appear Thursday in The New York Times.
Posted at 10:22 PM by Howard Bashman




"Mississippi Supreme Court takes Barbour pardons case": The Clarion-Ledger of Jackson, Mississippi has this news update.

And The Associated Press reports that "Miss. high court takes ex-gov pardons case."
Posted at 08:20 PM by Howard Bashman




"Court: Man with HIV denied Atlanta police job must get hearing." The Atlanta Journal-Constitution has a news update that begins, "A federal appeals court ruled Wednesday that a man with HIV is entitled to a hearing on whether he can legally be denied a spot on the Atlanta police force because of his medical condition."

And The Associated Press reports that "HIV-positive man who sued Atlanta gets new hearing."

You can access today's unpublished ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 05:52 PM by Howard Bashman




"Can a Shoe Color Really Be Trademarked? With a Federal Court Case underway many are asking can the color of the soles of shoes be protected as a trademark; The answer may surprise you." Matthew Swyers has this article online at Inc.
Posted at 04:46 PM by Howard Bashman




"Gay Ca. veteran sues over denial of benefits": The Associated Press has a report that begins, "A gay Army veteran and her wife sued the federal government on Wednesday after they were denied military benefits granted to straight spouses."
Posted at 04:44 PM by Howard Bashman




"The Tort Heard Round the World: A decade ago, Texaco told Ecuadorean plaintiffs in a U.S. court to file their pollution claim at home; They did, and now the company's successor -- Chevron -- is fighting an $18 billion foreign judgment." Lawrence Hurley has this cover story in the February 2012 issue of California Lawyer magazine.
Posted at 04:07 PM by Howard Bashman




"Don't judge me harshly just because justice wasn't served": Columnist Frank Cerabino has this essay today in The Palm Beach Post (via Jess Bravin).
Posted at 03:46 PM by Howard Bashman




"7th Cir. to wage-and-hour defendants: No Dukes for you!" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued last Friday.
Posted at 03:40 PM by Howard Bashman




"Advance Notice of Opinion Filing": The Public Information office of the U.S. Court of Appeals for the Ninth Circuit issued this announcement today. According to the announcement, tomorrow the Ninth Circuit will issue its decision concerning the public release of videotapes made of the civil bench trial in Perry v. Hollingsworth.
Posted at 03:35 PM by Howard Bashman




"The Incredible Ordinariness of Federal Penalties for Inactivity": Law professor Corey Rayburn Yung has posted this essay online at SSRN.
Posted at 02:14 PM by Howard Bashman




"Jesus statue saved -- for now; Group vows to file suit over permit renewal": This article appears today in The Daily Inter Lake of Kalispell, Montana.
Posted at 01:15 PM by Howard Bashman




"Appeals court set to hear Alabama trademark suit": The Associated Press has a report that begins, "A federal appeals court is set to hear arguments in the trademark infringement case between sports artist Daniel Moore and the University of Alabama, whose football program is portrayed in a number of his works."

And last week, columnist Jon Solomon of The Birmingham News had an essay entitled "Alabama's embarrassing lawsuit against artist Daniel Moore continues."
Posted at 01:07 PM by Howard Bashman




"Electing judges still works for N.C." Law professor Scott W. Gaylord has this op-ed today in The News & Observer of Raleigh, North Carolina.
Posted at 08:20 AM by Howard Bashman




"Sotomayor's visit inspires students, judges, lawyers": This article appeared yesterday in The Saipan Tribune.
Posted at 08:14 AM by Howard Bashman




"Orie wants jurors sequestered in trial": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "State Sen. Jane Orie asked an Allegheny County judge to sequester the jury in her upcoming retrial, fearing jurors may hear about a grand jury investigation of her sister, state Supreme Court Justice Joan Orie Melvin."
Posted at 08:03 AM by Howard Bashman




"Consumer agency chief's appointment is invalid, GOP senators say; New rules adopted by the Consumer Financial Protection Bureau would be challenged in court because President Obama appointed Richard Cordray as its director while the Senate was in recess, Republicans say": Jim Puzzanghera has this article today in The Los Angeles Times.

And Politico.com reports that "Rand Paul to challenge appointments."
Posted at 07:58 AM by Howard Bashman




"UCLA Law professor lends expertise": In today's edition of The Daily O'Collegian, law professor Eugene Volokh of "The Volokh Conspiracy" has a letter to the editor that begins, "I'm afraid there is a major error in [the article headlined] 'Bill would end recognition of Supreme Court authority.'" The letter to the editor appears on page four of today's print edition.

Update: The newspaper's own correction of this error appears on page five of today's print edition.
Posted at 07:44 AM by Howard Bashman




Tuesday, January 31, 2012

"Justices may eye pardons; Attorney for former inmates hopes to halt nullification effort": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 11:04 PM by Howard Bashman




In Bashman news from Australia: The Age newspaper of Melbourne, Australia has a news update headlined "Robbers bash man, 80, flee empty handed."
Posted at 05:10 PM by Howard Bashman




"Murder conviction stands for 'Bird Rock Bandit'": This article appears today in The San Diego Union-Tribune.

And The Associated Press reports that "CA Supreme Court reinstates murder conviction."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 11:58 AM by Howard Bashman




"Sane defendants may be denied self-representation, court rules; The California Supreme Court unanimously decides that a person could be sane enough to be tried but too mentally ill to act as his own lawyer": Maura Dolan has this article today in The Los Angeles Times.

And in today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court sets rule on mentally disturbed defendants."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 11:55 AM by Howard Bashman




"GOP Seeks Big Changes In Federal Prison Sentences": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:50 AM by Howard Bashman




"Go Shorty, It's Your Birthday": Astute "How Appealing" reader Richard Winger emails, in response to this post from earlier today:
Oklahoma State Senator Ralph Shortey's SJR84 refers to the Oklahoma Supreme Court, not the US Supreme Court. That student newspaper story you linked to got it wrong. I know this from (1) reading the bill on-line; (2) talking to Senator Shortey's office at [phone number redacted].

The student newspaper doesn't seem to let anyone either leave a comment or e-mail the reporter who wrote the story.

Mr. Winger appears to be correct, as the proposed legislation can be downloaded via this link.

Update: I originally linked to the mobile version of this article. Comments can be posted online at the "full version" of the article. Finally, the PDF version of today's newspaper, in which the article appears on page one, can be accessed here.
Posted at 11:27 AM by Howard Bashman




"GW Law School to host four Supreme Court justices": This article appeared yesterday in The GW Hatchet.
Posted at 11:18 AM by Howard Bashman




"Court to weigh restitution for child porn victim": The Associated Press has a report that begins, "A federal appeals court in New Orleans has agreed to rehear two cases in which a victim of child pornography sought restitution from men who viewed sexually explicit photographs of her on the Internet."

My earlier coverage of last week's Fifth Circuit orders granting rehearing en banc can be accessed here.
Posted at 11:15 AM by Howard Bashman




But is she smarter than a 5th grader? According to an item posted online at The Harvard Law Record, "Former Dean Elena Kagan received several B's during law school, especially her first year. She went on to become the first female dean of Harvard Law School, the U.S. Solicitor General, and the 112th Supreme Court Justice."

And in other news, The HLRecord reports that "'Survivor' Contestant Returns to Campus."
Posted at 09:43 AM by Howard Bashman




"CIA Claims Publication of Bin Laden Death Photos Would 'Trigger Violence'": David Kravets has this post at Wired.com's "Threat Level" blog.

My most recent earlier coverage appears here.
Posted at 07:50 AM by Howard Bashman




"N.J. senator: State Supreme Court nominee's confirmation chances 'jeopardized' by legal issues." This article appears today in The Newark (N.J.) Star-Ledger. The newspaper also contains an editorial entitled "Financial improprieties by N.J. Supreme Court nominee's family merits investigation."

In related news coverage, Bloomberg News reports that "Christie Says Gay Supreme Court Nominee Won't Rule on Same-Sex Marriage."
Posted at 07:45 AM by Howard Bashman




"Bill would end recognition of Supreme Court's authority": The Daily O'Collegian, the student newspaper of Oklahoma State University, has an article that begins, "A bill introduced Monday in the Oklahoma state Senate would forbid the United States Supreme Court from reviewing Oklahoma laws."

The sponsor of the legislation, Oklahoma State Senator Ralph Shortey, was most recently in the news for proposing a law to protect the food supply (see articles here and here).
Posted at 07:40 AM by Howard Bashman




"Moot Court Is Anything But": Today's edition of The Hoya, the student newspaper of Georgetown University, contains an article that begins, "Of the 78 cases brought before the Supreme Court since its term began in October, 73 had been argued beforehand -- in a moot court at the Georgetown University Law Center."
Posted at 07:32 AM by Howard Bashman




"WikiLeaks founder's hearing set to boost supreme court audience; Case of Julian Assange likely to provide useful insight into impact of televising high-profile court hearings": The Guardian (UK) has this report.
Posted at 07:30 AM by Howard Bashman




"Contraceptive mandate could face tough sledding in Supreme Court; The healthcare law's mandate to require religious-affiliated employers to pay for contraception for their workers has prompted two lawsuits; If the matter gets to the Supreme Court, it will go before justices who recently affirmed == in a 9-0 ruling == that the 1st Amendment gives special leeway to religious employers": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:28 AM by Howard Bashman




Monday, January 30, 2012

"Sarah Palin email hacker loses appeal": Terry Baynes of Reuters has this report.

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 05:40 PM by Howard Bashman




"Full D.C. Circuit Examines Use Of Machine Guns In Violent Crime": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 04:44 PM by Howard Bashman




"Long-Dead Ohio Farmer, Roscoe Filburn, Plays Crucial Role in Health Care Fight": Ariane de Vogue of ABC News has this report.
Posted at 04:40 PM by Howard Bashman




In today's mail: An advance review copy of the book "The Last Justice," by Anthony J. Franze.

And speaking of works of fiction involving U.S. Supreme Court Justices being gunned down, last month attorney David A. Wollin sent me a letter announcing his new e-book -- "Death to the Bone" -- which according to the author was inspired in part by a post (perhaps this one?) that the author read here at "How Appealing."
Posted at 02:14 PM by Howard Bashman




"Why Jones is still less of a pro-privacy decision than most thought": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 01:28 PM by Howard Bashman




"TN Supreme Court to decide role of Nashville sheriff's office in immigration; Immigration enforcement is at heart of lawsuit": Today's edition of The Tennessean contains an article that begins, "The future role of the Davidson County Sheriff's Office is in the hands of the Tennessee Supreme Court, which has been asked to weigh in on a federal lawsuit that challenges the authority of the department to enforce federal immigration law."
Posted at 01:24 PM by Howard Bashman




"Supreme Court Fails to Communicate Effectively to Public, Law Scholar Argues": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:23 PM by Howard Bashman




"Conviction and sentence upheld in Palin email case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:14 PM by Howard Bashman




Sunday, January 29, 2012

"Supreme Court has shown unity, but little guidance": Robert Barnes will have this article Monday in The Washington Post.
Posted at 07:16 PM by Howard Bashman




"Liquor store run by Supreme Court nominee's family settles with U.S. authorities over $2M in deposits": The Newark (N.J.) Star-Ledger has this news update.
Posted at 05:22 PM by Howard Bashman




"Privacy, Technology And Law": Law professor Barry Friedman has this essay in the Sunday Review section of today's edition of The New York Times.
Posted at 01:05 PM by Howard Bashman




"Another misstep in the fight over crosses: The Senate should reject a House-passed bill that would allow religious symbols on war memorials." This editorial appears today in The Los Angeles Times.
Posted at 09:52 AM by Howard Bashman




"Sotomayor discovers the delights of the CNMI": Monday's edition of The Saipan Tribune contains this article.
Posted at 09:46 AM by Howard Bashman




"Filibustering Nominees Must End": This editorial appears today in The New York Times.
Posted at 09:26 AM by Howard Bashman




"Under the U.S. Supreme Court: State of the Union ducks healthcare." Michael Kirkland of UPI has this report.
Posted at 09:24 AM by Howard Bashman




Saturday, January 28, 2012

"California high court backs panel's new state Senate districts; Even if a GOP-backed proposal to scrap the new plan qualifies for the November ballot, the map produced by a citizens commission is 'clearly the most appropriate' for the election, the court says": Maura Dolan and Patrick McGreevy have this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court rejects bid to hold up new voting districts."

The Sacramento Bee reports that "Supreme Court validation of maps could give Democrats two-thirds Senate majority."

The San Jose Mercury News reports that "State Supreme Court spurns Republican request to keep old maps."

And Jason Hoppin of The Santa Cruz Sentinel reports that "State high court allows new political maps; Decision likely means Sen. Blakeslee won't run."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 01:52 PM by Howard Bashman




"New fire-expert analysis allowed in father's 1990 arson conviction": Emilie Lounsberry has this article today in The Philadelphia Inquirer reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 01:42 PM by Howard Bashman




"Evidence Mounts Against Justice Kagan For Recusal In ObamaCare Suit": Law professor Ronald Rotunda has this essay at FoxNews.com.
Posted at 08:27 AM by Howard Bashman




"US Justice Sotomayor arrives on Saipan": The Saipan Tribune has a news update that begins, "U.S. Supreme Court Associate Justice Sonia Sotomayor received a warm island greeting and leis when she arrived on Saipan around 6:30pm Saturday. Sotomayor, the first Hispanic justice, is the first sitting U.S. Supreme Court justice to step foot in the CNMI." Yesterday's edition of the newspaper reported that "Fitial to meet with Sotomayor on Sunday."

And as Pacific Business News has noted in articles that you can access here and here, Justice Sonia Sotomayor will take part in the University of Hawaii William S. Richardson School of Law's US Supreme Court Jurists-in-Residence Program before returning to Washington, DC.
Posted at 08:11 AM by Howard Bashman




Friday, January 27, 2012

U.S. Court of Appeals for the Fifth Circuit grants rehearing en banc to reconsider the amount of restitution that a district court may order a defendant convicted of possessing child pornography to pay to children depicted in the images: Today, the Fifth Circuit posted online this order issued Wednesday granting rehearing en banc in the case captioned United States v. Wright and this order issued Wednesday granting rehearing en banc in the case captioned In re: Amy Unknown.

The original three-judge panel's opinion in the Wright case included a specially concurring opinion written by Circuit Judge W. Eugene Davis, in which all three judges on the panel joined, that began, "I write separately to express my disagreement with the recent holding by the In re Amy panel that section 2259 does not limit the victim's recoverable losses to those proximately caused by the defendant's offense and to urge the court to grant en banc review of that decision."

My earlier coverage of the three-judge panel's decision in Wright appears at this link. And earlier coverage of the Fifth Circuit's ruling in In re: Amy Unknown appears at this link.
Posted at 10:30 PM by Howard Bashman




"Obama lawyers argue rest of health law can survive": James Vicini of Reuters has this report.

And the "aca litigation blog" links here and here to the briefs filed in the case today at the U.S. Supreme Court.
Posted at 06:10 PM by Howard Bashman




"There Is a Judicial Confirmation Crisis, and the GOP Is Causing It; The abuse of chamber laws by Senate Republicans is causing a vacancy crisis in courts nationwide": Marge Baker, Executive Vice President for Policy and Program at People For the American Way, has this essay online at U.S. News & World Report.
Posted at 06:07 PM by Howard Bashman




"Report on Fourth Circuit en banc oral argument in Abu Ghraib contractor appeals": Law professor Kevin C. Walsh has this post at "Walshslaw."
Posted at 04:17 PM by Howard Bashman




"Texas Redistricting Dispute Back in San Antonio After High Court Rejection": Bloomberg News has this report.

And The San Antonio Express-News has an update headlined "Redistricting hearing gets under way."
Posted at 04:16 PM by Howard Bashman




"2d Cir. to hear case of investors who trumped Morrison": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:13 PM by Howard Bashman




"10th Circuit upholds Stolen Valor Act": The Denver Post has this news update on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.

Circuit Judge Timothy M. Tymkovich wrote the majority opinion, in which Senior Circuit Judge Bobby Ray Baldock joined. Circuit Judge Jerome A. Holmes issued a dissenting opinion.

Update: In other coverage, The Associated Press reports that "Denver appeals court upholds military impostor law."
Posted at 02:15 PM by Howard Bashman




"Civil rights law on Supreme Court's mind": Reuters has a report that begins, "A recent decision by the U.S. Supreme Court that dealt with a narrow issue in a redistricting case from Texas suggests that the nation's top court is ready to reconsider a key part of the Voting Rights Act, a major piece of civil rights legislation."
Posted at 01:38 PM by Howard Bashman




"Judge Sentences Komisarjevsky To Death; Moments Earlier, Killer Tells Court He Has To Learn To Forgive Himself": The Hartford Courant has this news update.

And The Associated Press reports that "Conn. home invasion killer is sentenced to death."
Posted at 01:20 PM by Howard Bashman




"Expelled EMU counseling student wins OK to sue after refusal to advise gays, lesbians": David Ashenfelter of The Detroit Free Press has an update that begins, "An Eastern Michigan University student who was expelled from a counseling program because she refused to counsel gays and lesbians about their lifestyles won a key victory today in the U.S. 6th Circuit Court of Appeals."

Circuit Judge Jeffrey S. Sutton wrote the opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 01:10 PM by Howard Bashman




"Alright, Fine, I'll Add a Disclaimer to My Emails": Attorney James Sinclair's excellent email disclaimer posted at McSweeney's is mentioned at the conclusion of a front page article headlined "Warning: If the Email You Just Read Isn't for You, Don't Read It; Disclaimers Proliferate, but Some Wonder About Words; Confidential Lunch Order" published in today's edition of The Wall Street Journal.
Posted at 11:58 AM by Howard Bashman




"Clarence Thomas honored at Holy Cross; 'Lonely kid' returns to alma mater": The Worcester (Mass.) Telegram & Gazette contains this article today.

The Associated Press reports that "Clarence Thomas celebrates Mass. mentor."

And New England Cable News offers a video report.

Today, the College of the Holy Cross issued a news release headlined "Justice Clarence Thomas '71 Receives Honorary Degree from Holy Cross; In remarks, gives praise to President Emeritus Fr. Brooks." Holy Cross has posted online the text of the Honorary Degree Citation at this link.
Posted at 11:38 AM by Howard Bashman




Thursday, January 26, 2012

"Puerto Rico trip by Supreme Court justices angers politicians waiting for reapportionment opinion": The Patriot-News of Harrisburg, Pennsylvania has this update.

The Pittsburgh Tribune-Review has a news update headlined "State justices drop bombshell, hurry to tropics."

And The Philadelphia Inquirer has a news update headlined "GOP blasts Justice Baer for Pa. remapping comments."
Posted at 11:16 PM by Howard Bashman




"Student Faces Town's Wrath in Protest Against a Prayer": This article will appear Friday in The New York Times.
Posted at 10:33 PM by Howard Bashman




"Obama, senators at odds over picks; ABA vetting shows White House wants Pryor for 11th Circuit, Cohen for district court; senators want opposite": R. Robin McDonald has this article today in The Fulton County Daily Report.
Posted at 06:17 PM by Howard Bashman




"DOJ Defends Keeping Bin Laden Death Photos Secret": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 05:27 PM by Howard Bashman




"Sotomayor connects Guam, Puerto Rico": This article appears in Friday's edition of The Pacific Daily News of Guam.
Posted at 05:00 PM by Howard Bashman




"11th Circuit asked to reinstate $19.6 million award against Hustler": The Associated Press has this report.
Posted at 04:58 PM by Howard Bashman




"Hating on the Ninth Circuit: Funny But a Little Depressing." Joe Palazzolo has this post at WSJ.com's "Law Blog."
Posted at 04:55 PM by Howard Bashman




"2d Cir. limits reach of NY law in long-awaited Chevron opinion": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:32 PM by Howard Bashman




"Appeals court rules against Chevron in Ecuador case": Reuters has a report that begins, "A federal appeals court threw out an injunction that Chevron Corp won to block enforcement of what it considers a fraudulent, multi-billion dollar judgment in Ecuador for polluting the Amazon jungle."

And The Associated Press has a report headlined "NY court: Judge can't block $18B Ecuador judgment" that begins, "A federal appeals court says a New York judge overstepped his authority when he tried to ban enforcement of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. According to today's Second Circuit opinion, "The story of the conflict between Chevron and residents of the Lago Agrio region of the Ecuadorian Amazon must be among the most extensively told in the history of the American federal judiciary."
Posted at 11:03 AM by Howard Bashman




"Senators send White House names for judicial vacancies": Bill Rankin has this article today in The Atlanta Journal-Constitution.
Posted at 10:50 AM by Howard Bashman




"Obama's justices: They are less enamored of government power." Columnist Steve Chapman has this op-ed today in The Chicago Tribune.
Posted at 08:22 AM by Howard Bashman




"Pa. Supreme Court tosses out redrawn legislative districts; Justices consider legislative plan 'contrary to law'": This article appears today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Pa. Supreme Court tosses revised districts."
Posted at 08:20 AM by Howard Bashman




"Consumer Group: Supreme Court Favors Businesses." The Texas Tribune has an article that begins, "In the last 10 years, the majority of Texas Supreme Court decisions have favored corporate interests over consumers, and the panel of judges has repeatedly overstepped its authority by overturning jury verdicts and interpreting the law to benefit the rich, according to a scathing report set to be released today by consumer advocacy group Texas Watch."

And the organization Texas Watch has issued a news release headlined "Report: Decade-Long Review Shows Texas Supreme Court Is Activist, Ideological." You can access the report at this link.
Posted at 08:11 AM by Howard Bashman




"Guam welcomes Sotomayor": The Pacific Daily News of Guam contains this article today.
Posted at 08:05 AM by Howard Bashman




"For a Veteran, Disability Payment Is Long in Coming": This article appears today in The New York Times.

You can access the judgment order that the U.S. Court of Appeals for the Federal Circuit issued earlier this month at this link.
Posted at 07:58 AM by Howard Bashman




Wednesday, January 25, 2012

"En Banc Briefing Complete, Oral Argument Approaches in Michigan Affirmative Action Appeal": The "Sixth Circuit Appellate Blog" has this post today.
Posted at 10:56 PM by Howard Bashman




"Citizens United v. FEC decision proves justice is blind -- politically": Law professor Jeffrey Rosen has this essay tonight at Politico.com.
Posted at 10:45 PM by Howard Bashman




"Legality of Mobile Phone Tracking Still Unclear Despite Supreme Court GPS Decision": David Kravets has this post today at Wired.com's "Threat Level" blog.

Thursday's edition of The New York Times will contain an editorial entitled "GPS and the Right to Privacy."

And Thursday's edition of The Washington Post will contain an editorial entitled "The Supreme Court left too much unresolved with its GPS ruling."
Posted at 10:42 PM by Howard Bashman




"Wesley E. Brown, Oldest Judge in Nation's History, Dies at 104": A.G. Sulzberger is the author of this obituary, which will appear in Thursday's edition of The New York Times.
Posted at 10:30 PM by Howard Bashman




"A Judgeship With Prestige, and, Oh, What a Grand Room": This article will appear in Thursday's edition of The New York Times.
Posted at 10:27 PM by Howard Bashman




"Second Chances": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "The Supreme Court's decision last week giving an Alabama death-row inmate who was abandoned by his lawyers a second chance at an appeal has been justly celebrated."
Posted at 10:25 PM by Howard Bashman




"The Political and the Personal: What the Supreme Court can learn from Gabby Giffords and Jeff Flake." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:14 PM by Howard Bashman




"Joan Biskupic is coming to Reuters as legal affairs editor-in-charge, a big title for a very talented journalist." So states Jack Shafer via Twitter.
Posted at 06:17 PM by Howard Bashman




"2nd Circuit throws wrench in GE tax machinations": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:14 PM by Howard Bashman




"Top Pa. court nixes district maps": The Philadelphia Inquirer has a news update that begins, "The Pennsylvania Supreme Court, by a 4-3 vote Wednesday, rejected a plan to remap the state's 203 House districts and 50 Senate districts."

The Pittsburgh Post-Gazette has a news update headlined "Court orders more work on new state House, Senate districts."

And The Associated Press reports that "State high court throws out legislative redistricting."

Today's ruling of the Supreme Court of Pennsylvania consists of an order and a dissenting statement.
Posted at 05:44 PM by Howard Bashman




"House GOP to draft bill replacing Obama health law": The Associated Press has a report that begins, "House Republican leaders are drafting a bill to replace President Barack Obama's health care overhaul if the Supreme Court strikes it down this summer."
Posted at 03:09 PM by Howard Bashman




"The Red Shoe Diaries, Law Blog Version": Ashby Jones has this post at WSJ.com's "Law Blog."
Posted at 01:06 PM by Howard Bashman




"Jones confounds the press": Tom Goldstein has this post at "SCOTUSblog."
Posted at 01:03 PM by Howard Bashman




"Montana Takes on Citizens United": Yesterday's edition of The New York Times contained this editorial.

And last Friday's broadcast of NPR's "On the Media" contained an audio segment entitled "Montana Goes Its Own Way on Citizens United" featuring Adam Liptak.
Posted at 11:15 AM by Howard Bashman




"Justice John Paul Stevens on How the Supreme Court Works; Supreme Court Justice Stevens discusses affirmative action, Citizens United, and his favorite chief justice": This interview appears online at U.S. News & World Report.
Posted at 11:11 AM by Howard Bashman




"Nelson, Johanns rose above the fray with confirmation of federal judge": Senior U.S. District Judge Richard G. Kopf of the District of Nebraska has this op-ed about the U.S. Senate's confirmation of his successor in today's edition of The Omaha World-Herald.
Posted at 11:09 AM by Howard Bashman




"Roberts to America: Trust us." At Politico.com, law professors William Yeomans and Herman Schwartz have an essay that begins, "Chief Justice John Roberts's response in his year-end report to the increasing controversy over the ethics of Supreme Court justices served to drive home the need for the high court to adopt reforms immediately."
Posted at 08:30 AM by Howard Bashman




"Gov. Christie's effort to bring diversity to N.J. Supreme Court deserves praise": This editorial appears today in The Newark Star-Ledger.
Posted at 08:22 AM by Howard Bashman




"Same-Sex Marriage May Hinge On Supreme Court": Yesterday evening's broadcast of NPR's "All Things Considered" contained this audio segment.
Posted at 08:14 AM by Howard Bashman




"Walmart Faces Long Battle On Sex Discrimination, Despite Supreme Court Ruling": Lila Shapiro of The Huffington Post has this report.
Posted at 08:09 AM by Howard Bashman




"Penn Law students assist professor in Supreme Court; The Supreme Court Clinic prepared 12 students for a case involving immigration law": The Daily Pennsylvanian contains this article today.
Posted at 08:07 AM by Howard Bashman




"Supreme Court, Legal Issues Stay Out of the Spotlight at State of the Union": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 08:06 AM by Howard Bashman




"A Wisconsin Judge's Refusal to Recuse": This editorial appears today in The New York Times.
Posted at 08:00 AM by Howard Bashman




"The Red-Sole Case: Can the color red be trademarked? Two luxury brands took to open court Tuesday to battle over the hue." Ashby Jones has this article today in The Wall Street Journal.

And The New York Post reports today that "Louboutin defends red-sole trademark."
Posted at 07:55 AM by Howard Bashman




"Pennsylvania Supreme Court may be affected by Orie scandal": This article appears today in The Philadelphia Inquirer.
Posted at 07:52 AM by Howard Bashman




"In Vt., an attorney general's losses raise doubts": The Associated Press has this report.
Posted at 07:50 AM by Howard Bashman




Tuesday, January 24, 2012

"Shoes and herrings are red in 2d Cir. Louboutin argument": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:00 PM by Howard Bashman




"Chuck Grassley's slam of OLC chief rankles some": Josh Gerstein of Politico.com has this blog post.
Posted at 06:14 PM by Howard Bashman




"Man Sues Supreme Court Marshal For Right to Hold Sign on Court Grounds": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."
Posted at 05:30 PM by Howard Bashman




"Louboutin Seeks to Overturn Ruling on Yves Saint Laurent's Red-Soled Shoes": Bloomberg News has this report.
Posted at 05:26 PM by Howard Bashman




"Appeals court rules against GE in tax shelter case": Reuters has this report.

And Bloomberg News reports that "General Electric Co. Loses Appeal in IRS Partnership Tax Benefits Case."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:22 PM by Howard Bashman




"Federal appeals court hears NASCAR drug case": The Associated Press has this updated report.
Posted at 05:17 PM by Howard Bashman




"Megaupload, meet Morrison": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 01:46 PM by Howard Bashman




"All Hail Samuel Alito, Privacy Champion Extraordinaire!" Law professor Jeffrey Rosen has this essay online at The New Republic.

Online at The Atlantic, Garrett Epps has an essay entitled "Justice Scalia Turns to 18th-Century Wisdom for Guidance on GPS."

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Alito vs. Scalia: The two conservative Supreme Court justices brawl over technology and privacy."
Posted at 12:09 PM by Howard Bashman




In the February 2012 issue of The ABA Journal magazine: Mark Walsh has an article headlined "Dissecting the Health Care Case: Election-Year Term Mirrors New Deal Era."

Richard Brust has an article headlined "The High Bench vs. the Ivory Tower."

Stephanie Francis Ward has an article headlined "The Badgering State: Wis. Battles over Worker's Rights and Skirmishes in the Supreme Court."

And Leslie A. Gordon has an article headlined "Unknown Knowns: Torture Suits Against Rumsfeld May Revive a 40-Year-Old Liability Case."
Posted at 12:04 PM by Howard Bashman




"Federal judge Wesley Brown dies at age 104 in Wichita": The Wichita Eagle has this news update.

And The Associated Press reports that "Nation's oldest federal judge dies at age 104."
Posted at 11:54 AM by Howard Bashman




"Federal appeals court to hear NASCAR drug case": The Associated Press has this report.
Posted at 09:48 AM by Howard Bashman




"Maine lawyer named to appeals court; William Kayatta Jr., a prominent trial attorney, awaits confirmation by the U.S. Senate": This article appears today in The Portland Press Herald.

The Oklahoman reports today that "Magistrate Judge Robert E. Bacharach nominated for federal appeals court; After a long-running White House effort to find a successor for Robert Henry on the 10th Circuit Court of Appeals, President Barack Obama has nominated Oklahoma City magistrate judge who was on a list given to Sen. Tom Coburn."

And The Tulsa World reports that "Oklahoma judge nominated for 10th U.S. Circuit Court of Appeals."

Yesterday, the White House issued a news release headlined "President Obama Nominates Two to Serve on the US Court of Appeals."
Posted at 09:44 AM by Howard Bashman




Monday, January 23, 2012

"Guns and Weed: The Fourth Circuit Remands on the Second Amendment for Marijuana Users." "The Federal Criminal Appeals Blog" has this post on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:14 PM by Howard Bashman




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