How Appealing

Monday, March 4, 2013

"From Wary To Full Embrace: Obama's Complete Turnaround On Gay Marriage." Sahil Kapur of TMP DC has this report.

Bloomberg News reports that "Wealthy Gay Couples Seen Paying More If Unions Legalized."

Online at Bloomberg View, law professor Cass R. Sunstein has an essay titled "Same-Sex Marriage and the Long Arc of History."

Online at Slate, Emily Bazelon has a jurisprudence essay titled "How the Supreme Court Should Rule on Gay Marriage: The justices don't need to make gay marriage legal everywhere; In fact, a more modest ruling could be much more powerful."

In today's edition of The Los Angeles Times, law professor Erwin Chemerinsky has an op-ed titled "A third possibility on Prop. 8: The Supreme Court could decide the opponents of gay marriage have no legal standing."

And Columbia Law School today issued a news release headlined "Professor Sarah H. Cleveland and Visiting Scholar Harold Hongju Koh File Brief in Marriage Case; Amicus Brief Argues U.S. Supreme Court Should Consider Example of Other Liberal Democracies, Which Have Determined Excluding Gay Couples From Marriage Violates Their Fundamental Rights." You can view the amicus brief at this link.
Posted at 10:48 PM by Howard Bashman



"Judge Declares Mistrial in Drug Case at Center of Landmark Supreme Court Ruling": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Alleged Drug Dealer at Center of Supreme Court GPS Case Wins Mistrial."

In late January 2013, the North Carolina Journal of Law and Technology held a symposium about the case. You can view video from the symposium via this link.
Posted at 10:42 PM by Howard Bashman



"SCOTUSblog on camera: Nina Totenberg interview, Part 1." Today, "SCOTUSblog" has posted at this link part one of its interview with NPR's legal affairs correspondent, Nina Totenberg.
Posted at 10:16 PM by Howard Bashman


"EPA nomination sets stage for court struggles on climate change": Tom Curry, national affairs writer for NBC News, has this report.
Posted at 10:09 PM by Howard Bashman


"Fearing Deluge of Litigation, Supreme Court Works the Floodgates": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:46 PM by Howard Bashman


"Lawyers: Conditions deteriorating at Guantanamo prison." Carol Rosenberg of The Miami Herald has this report.
Posted at 09:44 PM by Howard Bashman


"Bumpy Start for a Court Cloaked in Grandeur: Sandra Day O'Connor's 'Out of Order'" In Tuesday's edition of The New York Times, Michiko Kakutani will have this review of retired Justice Sandra Day O'Connor's newest book, "Out of Order: Stories From the History of the Supreme Court."
Posted at 09:34 PM by Howard Bashman


"Noncuratlex.com Breaking News: SCOTUSblog Unveils Plan to 'Eliminate the "Middle Man,"' Start Issuing Own Opinions." Kyle Graham has this post at his blog, "Noncuratlex.com."
Posted at 09:00 PM by Howard Bashman


"Senate Democrats Again to Push for Vote on D.C. Circuit Nominee Halligan": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 08:57 PM by Howard Bashman


Programming note: This afternoon, I will be meeting with co-counsel in an appeal I am working on that will be argued tomorrow in the U.S. Court of Appeals for the Third Circuit. Additional posts will appear here tonight.
Posted at 01:22 PM by Howard Bashman


Ninth Circuit affirms entry of preliminary injunction against Arizona law that makes it unlawful for a motor vehicle occupant to hire or attempt to hire a person for work at another location from a stopped car that impedes traffic: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:18 PM by Howard Bashman


"[P]ublic services provided in response to an emergency are just that -- public services -- and therefore are not subject to reimbursement." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today.

The Court's opinion begins, "After the February 12, 2009 crash of Continental Connection Flight 3407 on approach to Buffalo-Niagara International Airport, plaintiff-appellant County of Erie, New York sued defendants-appellees Colgan Air, Inc., Pinnacle Airlines Corp., and Continental Airlines, Inc. to recover its expenditures in responding to, and cleaning up after, the accident."
Posted at 11:52 AM by Howard Bashman



In today's mail: I received a review copy of the book "Covering America's Courts: A Clash of Rights," by Toni Locy.

Some may remeber that Locy herself was in the news back in February 2008, as reflected in this earlier "How Appealing" post.
Posted at 11:38 AM by Howard Bashman



"Q&A: Ted Boutrous on Wal-Mart litigation and employment law." Reuters has posted online this interview conducted by Carlyn Kolker.
Posted at 10:28 AM by Howard Bashman


"Life Inside the Aaron Swartz Investigation: A reluctant witness's account of a Federal prosecution." Quinn Norton has this essay online at The Atlantic, which has also posted a related editor's note.

Earlier today, I had this post linking to an article about Aaron Swartz that appears in the March 11, 2013 issue of The New Yorker.
Posted at 10:20 AM by Howard Bashman



"Federal courts brace for sequestration cuts": Reuters has this report.
Posted at 10:14 AM by Howard Bashman


Access online today's ruling in an argued case of the U.S. Supreme Court: The Court today issued one decision in an argued case.

Justice Ruth Bader Ginsburg delivered the opinion of the Court in Levin v. United States, No. 11-1351. All of the Justices other than Antonin Scalia joined the decision in full. Justice Scalia joined the decision nearly in full. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court says Guam man can sue gov't over surgery."
Posted at 10:06 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court granted review in one new case.

In early news coverage, The Associated Press has a report headlined "Court: Can Ga. Officer be sued in Nevada?"

And Lawrence Hurley of Reuters reports that "Justices agree to hear dispute over gamblers' seized money."
Posted at 09:33 AM by Howard Bashman



"The Next Gun Control Battle: A Right To Carry Firearms in Public?" Adam Cohen has this essay online today at Time magazine's web site.
Posted at 08:25 AM by Howard Bashman


"Heavyweight: How Ruth Bader Ginsburg has moved the Supreme Court." Jeffrey Toobin has this profile (free access to preview only) in the March 11, 2013 issue of The New Yorker. Toobin speaks about his profile of Justice Ginsburg in an audio segment that can be accessed here.

In early news coverage, TPM Livewire reports that "Justice Ginsburg Says She Won't Step Down This Year: 'After That, Who Knows?'"
Posted at 08:23 AM by Howard Bashman



"Injured worker lawsuit at Ohio Supreme Court spotlights deliberate-intent-to-harm standard": This article appears today in The Cleveland Plain Dealer.
Posted at 08:17 AM by Howard Bashman


"Requiem for a dream: Aaron Swartz was brilliant and beloved; But the people who knew him best saw a darker side." Larissa MacFarquhar has this lengthy article in the March 11, 2013 issue of The New Yorker.
Posted at 08:15 AM by Howard Bashman


"State Supreme Court Justice Orie Melvin might 'want to fight until very end'": This article appears today in The Pittsburgh Tribune-Review.

And the web site of The Pittsburgh Post-Gazette has posted an article from The Legal Intelligencer headlined "Who might replace Joan Orie Melvin?"
Posted at 08:10 AM by Howard Bashman



"Referral fees given to wife of Pa. Supreme Court justice raises questions": Craig R. McCoy has this front page article today in The Philadelphia Inquirer.
Posted at 08:04 AM by Howard Bashman


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