How Appealing

Tuesday, February 19, 2013

"Easton Area gets second hearing in 'boobies' bracelet case; 3rd Circuit judges on Wednesday will hear about Easton district's ban on breast cancer bracelets": In Wednesday's edition of The Morning Call of Allentown, Pennsylvania, Peter Hall will have an article that begins, "More than a year-and-a-half after a judge nixed a ban on Easton Area School District students' wearing 'I [heart] Boobies!' breast cancer awareness bracelets, a federal appeals court on Wednesday will take a second look at the district's appeal."

Fourteen judges serving on the U.S. Court of Appeals for the Third Circuit are scheduled to hear reargument en banc in the case tomorrow at 10 a.m. eastern time. I will link to the audio of the oral argument when it becomes available online.

My earlier coverage of the Third Circuit's order granting rehearing en banc, which issued before the original three-judge panel had announced any decision on this appeal, can be accessed here and here.
Posted at 11:09 PM by Howard Bashman



"Supreme Court Gives F.T.C. a Win on Hospital Mergers": Wednesday's edition of The New York Times will contain this article.

And The Albany (Ga.) Herald reports that "Supreme Court rules in favor of FTC in Palmyra acquisition."
Posted at 10:54 PM by Howard Bashman



"A Company That Runs Prisons Will Have Its Name on a Stadium": This article will appear Wednesday in The New York Times.

Additional information appears in a news release headlined "The GEO Group Names Football Stadium" from Florida Atlantic University.
Posted at 10:48 PM by Howard Bashman



"Roggensack, Fallone advance out of Supreme Court primary": Patrick Marley of The Milwaukee Journal Sentinel has this news update.
Posted at 10:33 PM by Howard Bashman


"Brand-name drug makers ask Alabama Supreme Court to reconsider ruling that generic drug consumers can sue them": The Birmingham News has this report.
Posted at 10:20 PM by Howard Bashman


"Supreme Court to consider limits on individual political contributions": Robert Barnes will have this article Wednesday in The Washington Post.

Politico.com reports that "Supreme Court will hear appeal of campaign donation limits."

The Hill reports that "High court to look at unlimited campaign contributions."

And Wednesday's edition of The New York Times will contain an editorial titled "Campaign Donations and Political Corruption."
Posted at 10:12 PM by Howard Bashman



"Supreme Court Appears to Defend Patent on Soybean": Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Court weighs 'progeny' patent protections."

In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Justices skeptical of farmer who planted patented Monsanto seeds; Supreme Court justices suggest they would agree with Monsanto that its patent protection covers not just the first planting but also seeds generated later."

In Wednesday's edition of USA Today, Richard Wolf will have an article headlined "Supreme Court seems on Monsanto's side over seed patent; The patent case pits the future of biotechnology innovation against high farm prices; For now, it looks like innovation is winning."

The St. Louis Post-Dispatch reports that "Supreme Court hears arguments over Monsanto soybean patents."

The Indianapolis Star reports that "High court seems to favor Monsanto over Indiana farmer."

Jack Kaskey and Susan Decker of Bloomberg News report that "Top Court Justices Signal Support for Monsanto on Patents."

And at Ars Technica, Joe Mullin reports that "Farmer's Supreme Court fight to limit Monsanto seed patents looks bleak; Can patents on crops and seeds live on through the generations? Seems likely."
Posted at 09:22 PM by Howard Bashman



"Aaron Swartz files reveal how FBI tracked internet activist; Firedoglake blogger Daniel Wright publishes once-classified FBI documents that show extent of agency's investigation into Swartz": The Guardian (UK) has this report on a blog entry that Daniel S. Wright posted today at "Firedoglake." You can access the FBI file directly at this link.
Posted at 09:00 PM by Howard Bashman


"Microsoft sides with Oracle against Google in Java appeal": Dan Levine of Reuters has this report.
Posted at 08:52 PM by Howard Bashman


"Court rebuffs antitrust settlement with baby product companies": Andrew Longstreth of Reuters has this report.

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 08:50 PM by Howard Bashman



"Hill granted stays of execution": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Condemned killer Warren Hill has been granted stays of execution by the federal appeals court in Atlanta and the Georgia Court of Appeals, his lawyer said Tuesday."

The Associated Press reports that "Georgia execution halted at the last minute."

And online at The Atlantic, Andrew Cohen has an essay entitled "Warren Lee Hill, and His Cause, Live to Fight Another Day; 30 minutes before the moment of his lethal injection, two courts stay the execution of a mentally retarded prisoner so that they can evaluate his case."
Posted at 08:44 PM by Howard Bashman



"The Lesser Evil -- What the Obama administration isn't telling you about drones: The standard rule is capture, not kill." Law professor Ryan Goodman has this jurisprudence essay online at Slate.
Posted at 08:32 PM by Howard Bashman


"Sunstein appointed as Harvard University Professor": Harvard Law School issued this news release today.
Posted at 08:27 PM by Howard Bashman


"Jury deliberating case of Orie Melvin breaks for the day": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "The jury deliberating the case of suspended state Supreme Court Justice Joan Orie Melvin and her sister, Janine Orie, broke for the day about 4 p.m."

The Pittsburgh Tribune-Review has a news update headlined "Melvin jury will continue deliberations on Wednesday."

And The Associated Press reports that "Jury ends second day of deliberations for Melvin."
Posted at 08:22 PM by Howard Bashman



"U.S. justices hostile to farmer's argument against Monsanto": Lawrence Hurley of Reuters has this report.

And Ariane de Vogue of ABC News reports that "Indiana Farmer Takes on Seed Behemoth Monsanto; Justices Skeptical of Farmer's Claim."
Posted at 06:14 PM by Howard Bashman



"Antitrust Suits Backed by High Court in FTC Hospital Case": Greg Stohr of Bloomberg News has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: A warning about competition."
Posted at 06:12 PM by Howard Bashman



"Voting Rights Act: Do we still need it?" Richard Wolf will have this article Wednesday in USA Today.
Posted at 06:02 PM by Howard Bashman


"Supreme Court to Hear Campaign Finance Case": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 06:00 PM by Howard Bashman


"Ronald Dworkin's Error: The distinguished legal scholar, who died last week, gave judges too much license to draw on their own sense of morality." Law professor Eric Posner has this essay online at Slate.
Posted at 04:37 PM by Howard Bashman


"A Bona Fide American Tragedy In 'The Terror Courts'": NPR Books today has this review of Jess Bravin's new book, "The Terror Courts: Rough Justice at Guantanamo Bay."

Tomorrow morning at 11 a.m. eastern time, Bravin is scheduled to appear on the second hour of American University Radio's "The Diane Rehm Show" to promote his book.

You can read an excerpt of the book at this link.
Posted at 04:33 PM by Howard Bashman



"Court Rejects $14 Million Fee For Lawyers, $3 Million For Their Clients": Daniel Fisher has this blog post at Forbes.com about a ruling that the U.S. Court of Appeals for the Third Circuit issued today.

And at PointofLaw.com, Ted Frank -- who argued the appeal on behalf of the objectors to the class action settlement -- has a post titled "Third Circuit victory for CCAF in Baby Products settlement."
Posted at 04:12 PM by Howard Bashman



"Supreme Court sides with drug-sniffing dog": Robert Barnes of The Washington Post has this news update.

Michael Doyle of McClatchy Newspapers has an article headlined "Every drug dog has his day -- in court; even Supreme Court."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court: Dog's Sniff Is 'Up to Snuff.'" You can freely access the full text of the article via Google News.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court rules that dog's sniff was up to snuff in roadside search; Supreme Court rules that a signal from a properly trained drug-detecting dog is enough to establish probable cause for a warrantless search of a vehicle during a roadside stop."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Trust the police dog."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Supreme Court Decides Florida v. Harris: No Bright Line Rules for Probable Cause, But Perhaps A Presumption or Two."
Posted at 03:15 PM by Howard Bashman



"Georgia court denies Hill stay of execution": The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court has voted 5-2 to deny Warren Hill a stay of execution."
Posted at 03:04 PM by Howard Bashman


"U.S. Supreme Court clears way for former Redstone Arsenal soldier to pursue custody of daughter in Scotland": Brian Lawson of The Huntsville Times has this report.
Posted at 03:02 PM by Howard Bashman


"Columbia Law Professors Weigh in on Noel Canning": This post about the D.C. Circuit's recent recess appointment decision appeared yesterday at the "CLS Blue Sky Blog."
Posted at 02:58 PM by Howard Bashman


"FOIA case with Henrico roots heads to Supreme Court; In 2008, two agencies denied non-Virginians' requests for records": This article appeared yesterday in The Richmond Times-Dispatch.
Posted at 02:30 PM by Howard Bashman


"Supreme Court hears arguments over soybean patents": Mark Sherman of The Associated Press has this report.

Update: In other coverage, Jeremy P. Jacobs of Greenwire reports that "Justices seem skeptical about soybean farmer's challenge of biotech patents."

And David G. Savage of The Los Angeles Times has a news update headlined "Justices skeptical of farmer who planted patented seeds."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Bowman v. Monsanto Co., No. 11-796.
Posted at 01:37 PM by Howard Bashman



"Campaign donation issue reopened": Lyle Denniston has this post at "SCOTUSblog."

And Paul Blumenthal of The Huffington Post reports that "Supreme Court Takes Campaign Finance Case, Will Rule On Contribution Limits."
Posted at 01:33 PM by Howard Bashman



"Supreme Court to hear case of PPL and Lady Thatcher's legacy": Reuters has this report.
Posted at 11:37 AM by Howard Bashman


"Today at noon: Akhil Amar on the future of American rights -- live and on the web." Yale News has an event preview that begins, "In the months ahead the U.S. Supreme Court will consider disputes about same-sex marriage, voting rights, DNA testing, self-incrimination, and other urgent questions of Americans' rights."

The event, featuring law professor Akhil Reed Amar, can be viewed live online beginning at noon eastern time via YouTube at this link.
Posted at 11:30 AM by Howard Bashman



"Supreme Court Advocacy Clinic Files Petition with High Court Over 'Norfolk Four' Case": Yale Law School issued this news release today.
Posted at 11:25 AM by Howard Bashman


"The Recess Appointments Clause (Part 1)": Neal Goldfarb has this post today at his blog, "LAWnLinguistics." His verdict: "the Recess Appointments Clause is a lot less clear than the D.C. Circuit makes it out to be, and the court's reasoning isn't very good."
Posted at 10:36 AM by Howard Bashman


"Voting Rights Act faces key test in Supreme Court; The Supreme Court will decide whether to strike a key part of the Voting Rights Act, which conservatives say is outdated and unfair to the South": David G. Savage of The Los Angeles Times has this report.
Posted at 10:28 AM by Howard Bashman


Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued four decisions in argued cases.

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Florida v. Harris, No. 11-817. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in FTC v. Phoebe Putney Health System, Inc., No. 11-1160. You can access the oral argument via this link.

3. Justice Anthony M. Kennedy delivered the opinion of the Court in Bailey v. United States, No. 11-770. Justice Antonin Scalia issued a concurring opinion, in which Justices Ruth Bader Ginsburg and Kagan joined. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

4. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Chafin v. Chafin, No. 11-1347. Justice Ginsburg issued a concurring opinion, in which Justices Scalia and Breyer joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court says police don't have to prove dog training"; "High court limits detention powers in searches"; "High court rules against Georgia hospital merger"; and "Court: US custody case not moot with child abroad."

From Reuters, Jonathan Stempel reports that "Supreme Court upholds police 'dog sniff' of truck." Lawrence Hurley and Jonathan Stempel report that "Top court rules for Army father in custody battle." And David Ingram reports that "Top court rules antitrust laws apply to hospital authority."

And Greg Stohr of Bloomberg News reports that "Police Dog Alert Justifies Search of Car, High Court Says."
Posted at 10:05 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted certiorari in one case and noted probable jurisdiction in a direct appeal. In addition, the Court requested the views of the Solicitor General in one case.

In early news coverage, The Associated Press reports that "Court will hear campaign donation limits appeal" and "High court rejects rapper C-Murder's appeal."

Lawrence Hurley of Reuters reports that "Supreme Court to hear workers' claims vs U.S. Steel" and "High court to consider campaign contribution limits." In addition, Jonathan Stempel of Reuters reports that "Supreme Court won't hear ex-Illinois Gov. George Ryan's appeal."

Greg Stohr of Bloomberg News reports that "Court Rejects LensCrafters on California Eye-Exam Rules." And Greg Stohr and Jonathan D. Salant report that "Supreme Court to Review Aggregate Campaign Donation Limit."
Posted at 09:47 AM by Howard Bashman



"Muskegon County juvenile lifer Amy Black seeks overturn of no-parole sentence": The Muskegon Chronicle has this report.
Posted at 08:37 AM by Howard Bashman


"British soldiers protected under human rights law, supreme court told; Families challenging ruling that soldiers conducting operations outside their base are not covered by convention": The Guardian (UK) has an article that begins, "British soldiers have the right, enshrined in European human rights law, to expect the government to take all reasonable steps to prevent them getting killed, the supreme court heard on Monday, in a case with profound implications for military commanders and their conduct of future operations."
Posted at 08:34 AM by Howard Bashman


"Decades after early battles, attorney tracks new challenge to voting act": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 08:33 AM by Howard Bashman


"Famed attorney talks LGBT rights": The Daily Athenaeum, the student newspaper of West Virginia University, has an article that begins, "Yesterday evening at the West Virginia University College of Law, famed Supreme Court Attorney Paul M. Smith spoke about his experiences with LGBT law in the United States."
Posted at 08:27 AM by Howard Bashman


"Cameras in Courtrooms": Mike Dorf has this post today at his blog, "Dorf on Law."
Posted at 08:14 AM by Howard Bashman


"Prisoner's Handwritten Petition Prompts Justices To Weigh Government Immunity": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:12 AM by Howard Bashman


"Judicial merit selection is the wrong choice for Pennsylvania": Dan Pero has this op-ed today in The Patriot-News of Harrisburg, Pennsylvania.

And today in The Badger Herald, a student newspaper of the University of Wisconsin-Madison, Aaron Loudenslager has an op-ed titled "Elections undermine judicial system."
Posted at 08:09 AM by Howard Bashman



eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek