How Appealing

Thursday, April 24, 2014

"The Sotomayor Style: A stirring dissent shows why the justice is a national treasure." Law professor David Fontana has this essay online today at The New Republic.
Posted at 11:14 PM by Howard Bashman


"Fifth Circuit rules that a federal law punishing hate crimes is a permissible exercise of Congress' power under the Thirteenth Amendment": Ilya Somin has this post at "The Volokh Conspiracy" about an interesting ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.

Circuit Judge Jennifer Walker Elrod wrote both the majority opinion and an opinion specially concurring. In the latter opinion, Elrod noted the existence of "a growing tension between the Supreme Court's precedent regarding the scope of Congress's powers under sec. 2 of the Thirteenth Amendment and the Supreme Court's subsequent decisions regarding the other Reconstruction Amendments and the Commerce Clause" that "would benefit from additional guidance from the Supreme Court on how to harmonize these lines of precedent."
Posted at 11:00 PM by Howard Bashman



"Who cares if the Supreme Court is bad at computers?" Sarah Jeong had this post yesterday at her blog "five-tweet-thoughts," following-up on her post from a day earlier titled "Supreme Court Justices Are Not Good With Computers."

Online at Vox, Timothy B. Lee has a post titled "The Supreme Court's technical cluelessness makes them better justices."

At "The Switch" blog of The Washington Post, Brian Fung has an entry titled "The Aereo case is being decided by people who call iCloud 'the iCloud.' Yes, really."

And at Bloomberg View, law professor Noah Feldman has an essay titled "Justice Scalia Is Not a 'Game of Thrones' Fan."
Posted at 10:52 PM by Howard Bashman



"Low-level federal judges balking at law enforcement requests for electronic evidence": Ann E. Marimow and Craig Timberg will have this article in Friday's edition of The Washington Post.
Posted at 10:30 PM by Howard Bashman


"Colleges Seek New Paths to Diversity After Court Ruling": Tamar Lewin had this article in yesterday's edition of The New York Times.

In Friday's edition of The Wall Street Journal, Rebecca Ballhaus will have an article headlined "Supreme Court Affirmative Action Ruling Seen Having Limited Reach; Efforts to End Race-Based Admissions in Other States Are in Early Stages." You can freely access the full text of the article via Google.

In yesterday's edition of The Washington Post, Robert Barnes had an article headlined "Sotomayor accuses colleagues of trying to 'wish away' racial inequality."

On Tuesday, Ariane de Vogue of ABC News had a blog post titled "Justice Sonia Sotomayor: Affirmative Action 'Opened Doors in My Life.'"

Today at WSJ.com's "Law Blog," Jess Bravin had a post titled "Another Look at the Affirmative-Action Ruling: What the Justices Didn't Do."

Online at The New Republic, law professor Jeffrey Rosen has an essay titled "Liberals Should Be Happy About the Supreme Court's Affirmative Action Decision."

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled "What We Talk About When We Talk About Talking About Race: Deep inside the Supreme Court's affirmative action decision lies a fight about how we speak about race in America."

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Affirmative Action Will Die Another Day."

Online at The Daily Beast, Mike Sacks has an essay titled "Affirmative Action Isn't Oppressive, but the Roberts Court Wants to End It Anyway; By upholding Michigan's ban on race as a factor in college admissions, the Supreme Court chips away at the idea that diversity is good for all and worth promoting via special treatment."

At Justia's Verdict, law professor Michael C. Dorf has an essay titled "The Supreme Court Again Fractures Over Race."

And at The Huffington Post, law professor Geoffrey R. Stone has a blog entry titled "The National Review, Justice Sonia Sotomayor, and Affirmative Action." The National Review Online editorial to which Stone is responding is titled "Half a Win on Racial Discrimination."
Posted at 10:26 PM by Howard Bashman



"Retired Justice John Paul Stevens: Marijuana Should Be Legal." NPR has this report.
Posted at 05:22 PM by Howard Bashman


"Trinity Western law grads won't be allowed to practise in Ontario": The Toronto Globe and Mail has a news update that begins, "Ontario's law society has voted not to accredit graduates of a controversial faith-based law school which has drawn opposition over concerns it would discriminate against gays and lesbians."

The Toronto Star has a news update headlined "Law Society votes against accrediting controversial Christian law school; The Law Society of Upper Canada has voted against accrediting B.C.'s Trinity Western University law school that bans gay sexual intimacy."

And The Canadian Press reports that "Ontario law society votes 'no' to accrediting Trinity Western University; Speakers say school's community covenant discriminates against LGBTQ students."
Posted at 04:55 PM by Howard Bashman



"Texas appeals court halts ruling in gay-divorce case": Chuck Lindell of The Austin American-Statesman has this news update.
Posted at 04:48 PM by Howard Bashman


"In defense of political lying": Jack Shafer has this essay online at Reuters.
Posted at 04:13 PM by Howard Bashman


"Chiquita asks court to toss terror payments case": The Associated Press has this report on an appeal argued today at the U.S .Court of Appeals for the Eleventh Circuit.
Posted at 03:16 PM by Howard Bashman


"State Farm Ducks Coverage For Decaying Body In Fla. Appeal": Law360.com has this report (subscription required for full access) on a ruling that Florida's Fourth District Court of Appeal issued yesterday.

According to the opinion, "the decomposed body leaked bodily fluids, which infiltrated the walls and the insured's apartment causing damage. This is the event that gave rise to the insured's claim."
Posted at 11:00 AM by Howard Bashman



"Sam Alito: A Civil Man; The pleasure of Justice Alito's company." Matthew Walther has this cover story in the May 2014 issue of The American Spectator.
Posted at 10:45 AM by Howard Bashman


"Supreme Court hears crucial N.C. water pollution case": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 09:22 AM by Howard Bashman


"Judge Vaughn Walker tells his side of Prop. 8 trial": Bob Egelko of The San Francisco Chronicle has this report.

I recently received a review copy of Jo Becker's controversial new book, "Forcing the Spring: Inside the Fight for Marriage Equality."
Posted at 09:18 AM by Howard Bashman



"Oklahoma Supreme Court lets executions go forward; Justices lift stay after ruling inmates don't have right to know source of drugs": Nolan Clay has this front page article today in The Oklahoman.

In today's edition of The Tulsa World, Ziva Branstetter and Barbara Hoberock have a front page article headlined "Path to executions cleared as Oklahoma Supreme Court reverses lower court's ruling; It reverses a court's ruling that Oklahoma's execution-secrecy law is unconstitutional."

And The Associated Press reports that "Oklahoma court rejects death-row inmates' claims."

Yesterday's ruling of the Supreme Court of Oklahoma consisted of a per curiam opinion and an opinion concurring in the result.
Posted at 09:10 AM by Howard Bashman



"The Supreme Court's Unprecedented Public Clash Over Race": Sahil Kapur of TPM DC has this report.
Posted at 08:54 AM by Howard Bashman


"Top court rejects award for Pa. child porn victim": Tracie Mauriello has this front page article today in The Pittsburgh Post-Gazette.

Today's edition of The Houston Chronicle contains a front page article headlined "Supreme Court ups the ante for porn victims; Court limits amount defendant must pay in Texas abuse case." You can freely access the full text of the article via Google.

Warren Richey of The Christian Science Monitor has an article headlined "US Supreme Court limits restitution payments to child pornography victims; The Supreme Court said federal law does not require a defendant to pay the entire amount of a multimillion-dollar restitution award owed to a child pornography victim whose abuse is depicted in images widely distributed on the Internet."

Cheryl Wetzstein of The Washington Times reports that "Divided court strikes down big porn award; Victim sought $3.4M from one viewer."

And David Kravets of Ars Technica reports that "Online child porn victims lose at Supreme Court; Victims can't recoup 100% of damages from criminals who viewed their images online."
Posted at 08:52 AM by Howard Bashman



"Will the Supreme Court Address Louisiana's Flawed Jury System? By allowing non-unanimous verdicts in murder trials, the state makes it possible for prosecutors to accept minority jurors -- and then discount their views." Andrew Cohen has this essay online at The Atlantic.
Posted at 08:42 AM by Howard Bashman


"Transcript gives glimpse into deadly courtroom shooting": Dennis Romboy has this article today in The Deseret News.
Posted at 08:40 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