How Appealing

Thursday, May 1, 2014

"A Surge Forward on Marriage Equality": This editorial will appear in Friday's edition of The New York Times.
Posted at 11:22 PM by Howard Bashman

"States are now targets of 'Citizens United'": Byron Tau of has this report today.
Posted at 11:14 PM by Howard Bashman

"5 Law Blogs To Add To Your Daily Routine": Ama Sarfo of tonight has this article (subscription required for full access), which includes "How Appealing" as first on its list of five law blogs to read on a daily basis.
Posted at 11:09 PM by Howard Bashman

"Harper alleges Supreme Court Chief Justice broke key rule with phone call": Sean Fine of The Toronto Globe and Mail has this news update.

The Toronto Star has a news update headlined "PM refused to take 'inadvisable, inappropriate' call from chief justice, PMO says; An unprecedented rift between the Prime Minister's Office and the Supreme Court of Canada -- the executive and judicial branches of government -- burst into the open Thursday evening."

And The Ottawa Citizen has a news update headlined "PMO says Harper avoided 'inappropriate' call from chief justice on Nadon."
Posted at 11:02 PM by Howard Bashman

"The New Aaron Swartz Documentary Looks Powerful; Here's the Trailer": Lily Hay Newman has this blog post online at Slate (linking to the movie trailer).

The movie's web site can be accessed here. The film is scheduled for release on June 27, 2014.
Posted at 10:34 PM by Howard Bashman

"Blessings in Disguise: The religious-freedom battle." Kelefa Sanneh has this Talk of the Town Comment in the May 5, 2014 issue of The New Yorker.
Posted at 10:03 PM by Howard Bashman

"New York court hears appeal of 9/11 detainees": The Associated Press has this report.
Posted at 08:34 PM by Howard Bashman

"Convicted murderer Lockett was hit with Taser leading up to execution; State Corrections Department report details events leading up to Lockett's execution": The Oklahoman has this news update. You can view the report at this link.

The Tulsa World has reports headlined "Execution proceeded despite vein damage, report says" and "Officials refuse to say if they tried to revive Clayton Lockett."

The New York Times has a news update headlined "Oklahoma Official Calls for Outside Review of Botched Execution."

And The Associated Press reports that "Oklahoma took 51 minutes to find vein in execution."
Posted at 08:30 PM by Howard Bashman

"Mary Yu becomes first Asian American, first gay on State Supreme Court": has this report.
Posted at 08:20 PM by Howard Bashman

"Senate Confirms Nine Judges This Week": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 06:12 PM by Howard Bashman

"Judges seem open to second-guessing FERC in N.Y. pipeline case": Jeremy P. Jacobs of Greenwire has this report.

You can access the audio of today's D.C. Circuit oral argument via this link (18.9 MB mp3 audio file).
Posted at 03:26 PM by Howard Bashman

"Commentary: From the bench to the podium." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 03:09 PM by Howard Bashman

"Appeals Court: Book Publisher Must Face Self-Dealing Lawsuit; Suing romance novelists believe that Harlequin used foreign subsidiaries to create artificially low net receipts on eBooks." Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:07 PM by Howard Bashman

"Legal Watchers Anticipate Supreme Court Decision On Vanderbilt Casino": Interlochen (Mich.) Public Radio has this report today (via "Turtle Talk").
Posted at 03:04 PM by Howard Bashman

Access online the audio of today's Sixth Circuit oral argument in Sarah Jones v. Dirty World Entertainment et al., No. 13-5946: The U.S. Court of Appeals for the Sixth Circuit has posted online today's oral argument of this case at this link (embedded audio).

This blog's related posts from earlier today can be accessed here and here.

And The Associated Press reports that "Internet giants eye cheerleader's defamation suit."
Posted at 02:55 PM by Howard Bashman

"Lawsuit seeks access to more secret court opinions": The Associated Press has this report.
Posted at 02:44 PM by Howard Bashman

"The Legal Foundation of NSA Surveillance on Americans: What the final clause of the Fourth Amendment means in interpreting the government's rights." Conor Friedersdorf has this essay online today at The Atlantic.
Posted at 01:56 PM by Howard Bashman

"Oklahoma execution nightmare shines light on California policies": Bob Egelko of The San Francisco Chronicle has this report.

The Guardian (UK) has a report headlined "Botched Oklahoma execution turns spotlight on US pharmaceutical firms; Loopholes found in US companies' policies for drugs used; White House says execution 'fell short of humane standards." In addition, law professor Randall T Coyne has an essay titled "It's time for the US supreme court to declare a death penalty moratorium; Clayton Lockett's agonizing final minutes were the results of a failed experiment, proving states can no longer be trusted to run their laboratories. Let's stop tinkering with the machinery of death."

Today's edition of The New York Times contains an editorial titled "State-Sponsored Horror in Oklahoma."

Online at The Atlantic, Matt Ford has an essay titled "Clayton Lockett and the World's Deepening Death-Penalty Divide; 'As a very sincere friend, I think this is unworthy of the United States of America,' one European lawmaker says."

And online at The Week, Scott Lemieux has an essay titled "John Paul Stevens is right: The death penalty is unconstitutional; Oklahoma's botched execution of Clayton Lockett has only underscored the barbarism of capital punishment."
Posted at 01:52 PM by Howard Bashman

"Never Scared Straight": Chris Weller and Elijah Wolfson have this article online at Newsweek.
Posted at 01:40 PM by Howard Bashman

"How judges are selected in Utah": Chief Justice Matthew B. Durrant of the Supreme Court of Utah has this op-ed today in The Salt Lake Tribune.
Posted at 01:36 PM by Howard Bashman

"Indiana Supreme Court upholds conviction of blogger who threatened judge": Tim Evans of The Indianapolis Star has this news update reporting on a ruling that the Supreme Court of Indiana issued today.

Update: At "The Volokh Conspiracy," Eugene Volokh has a post titled "First Amendment protects speech that threatens to expose judges to 'hatred, contempt, disgrace, or ridicule.'"
Posted at 01:25 PM by Howard Bashman

"Gossip website operator confident 'we just won'": Amber Hunt of The Cincinnati Enquirer has this news update.
Posted at 01:18 PM by Howard Bashman

"Roy Englert on the Oklahoma executions": Will Baude has this post today at "The Volokh Conspiracy."

Related video of Englert's appearance on yesterday evening's broadcast of The PBS NewsHour can be accessed here.
Posted at 01:15 PM by Howard Bashman

"Oklahoma Vows Review of Botched Execution": Erik Eckholm and John Schwartz have this front page article today in The New York Times.

And The Associated Press reports that "Botched execution could renew 'cruel' challenges."
Posted at 12:55 PM by Howard Bashman

"NC Supreme Court race sees outside money and negative ads": The News & Observer of Raleigh, North Carolina has this report.
Posted at 12:52 PM by Howard Bashman

"What the Supreme Court Doesn't Know About Smartphones Could Put You in Jail": Joe Kloc of Newsweek has this report.
Posted at 12:48 PM by Howard Bashman

"Sarah Jones' lawsuit against website packs big impact; Tech firms and First Amendment lawyers nationwide await a decision on suit against the gossip website": In today's edition of The Cincinnati Enquirer, Amber Hunt has this front page article previewing a case being argued today at the U.S. Court of Appeals for the Sixth Circuit.

I will link to the oral argument audio once the Sixth Circuit posts it online. The panel hearing oral argument in the case consists of Circuit Judges Julia Smith Gibbons and Richard Allen Griffin and Senior Circuit Judge Ralph B. Guy, Jr.
Posted at 11:24 AM by Howard Bashman

Welcoming one of this blog's newest Twitter followers: Welcome to "Anti Bryan A. Garner," which is among the newest followers of "How Appealing" on Twitter.

Only days old, the Twitter feed "Anti Bryan A. Garner" already offers many high-value Tweets, including "The no. 1 rule of legal writing is verbosity" (inaugural Tweet); "The winning brief shows dedication to emotional appeals rather than a needless obsession with grammar or reasoning"; "You may disagree with his politics, but you can't rebuke the clarity and reasoning of Anthony Kennedy"; "Filing a brief on time leads a judge to believe you have too much free time, not enough clients, and therefore are a bad lawyer"; and "There are no strict rules when it comes to statutory interpretation."
Posted at 11:08 AM by Howard Bashman

"Home Stretch at the Supreme Court": Beginning now, the Constitutional Accountability Center is hosting this panel presentation at the National Press Club.

You can access the video live, online via this link. According to the event announcement emailed to me yesterday, "The panel will be moderated by Slate's Dahlia Lithwick and feature Erin Murphy, who recently argued and won McCutcheon v. FEC, Marty Lederman of Georgetown Law, and CAC's Elizabeth Wydra."
Posted at 09:29 AM by Howard Bashman

Fifth Circuit to decide whether "committee" of Congress includes "subcommittee" for purposes of federal criminal law: The Associated Press reports that "US seeks reinstatement of charge in BP spill case."

You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link (20.0 MB Windows Media audio file).
Posted at 08:54 AM by Howard Bashman

"The Supreme Court Will Never Kill the Death Penalty, Even With Botched Executions; Capital punishment is constitutional, but the way it's performed may never be; Only the public can shut down the machinery of death -- if it sees it killing": Mike Sacks has this essay online today at The Daily Beast.

In today's edition of The Oklahoman, Chris Casteel has an article headlined "U.S. Supreme Court has allowed 'some risk of pain' in executions; In a 2008 decision that upheld the three-drug protocol for lethal injections in Oklahoma and other states, the court acknowledged that errors could lead to pain for death row inmates." In addition, Jaclyn Cosgrove has an article headlined "How Oklahoma's execution drugs work: The three drugs used in a botched execution of convicted killer Clayton Derrell Lockett on Tuesday likely did not perform as intended, potentially leaving him 'paralyzed and burning' until his death, one pharmacology expert said Wednesday."

And today's edition of The Tulsa World contains an article headlined "Execution scrutiny rages after botched execution of Oklahoma inmate Clayton Lockett; Gov. Mary Fallin orders a review of the botched lethal injection of Clayton Lockett."
Posted at 08:44 AM by Howard Bashman

"Fired science teacher Freshwater petitions U.S. Supreme Court": The Associated Press has this report from Ohio.
Posted at 08:42 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links'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




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


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




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


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


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


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

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


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

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


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


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



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


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog