How Appealing

Friday, May 10, 2013

"Packing the Courts": In the Sunday Book Review section of this Sunday's edition of The New York Times, Jeffrey Rosen will have this review of "The Federalist Society: How Conservatives Took the Law Back From Liberals," by Michael Avery and Danielle McLaughlin.

Update: The authors of this book had an article in the April 15, 2013 issue of The Chronicle Review of The Chronicle of Higher Education headlined "How Conservatives Captured the Law."
Posted at 06:04 PM by Howard Bashman

"Ask the author: Marcia Coyle on the Roberts Court." "SCOTUSblog" has posted at this link Ronald Collins's interview of Marcia Coyle.
Posted at 05:06 PM by Howard Bashman

"Grassley aims for GOP political spin on federal judiciary": Doug Kendall has this post today at "The Great Debate" blog of Reuters.

In addition, in the May/June 2013 issue of The Environmental Forum, Kendall and Simon Lazarus have a cover story titled "Broken Circuit: A new breed of activism on the Court of Appeals for the D.C. Circuit -- for environmental cases second in importance only to the Supreme Court and the central venue for high-profile lawsuits -- threatens decades of progress." On the last page of the PDF document, linked immediately above, law professor Jonathan H. Adler has a response essay titled "The D.C. Circuit Is Hardly in Crisis."
Posted at 04:56 PM by Howard Bashman

"DOJ Asks D.C. Circuit to Keep Surveillance Law Memo Secret": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:52 PM by Howard Bashman

"D.C. Circuit Grapples with Judicial Independence Case": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:08 PM by Howard Bashman

"Appeals Court Upholds Nashville Student Assignment Plan": Mark Walsh has this post at the "School Law" blog of Education Week reporting on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 03:00 PM by Howard Bashman

"Judge sets resentencing hearing for Joan Orie Melvin; Judge says he will address technicality, but sentence will not really change": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "The judge who sentenced a former state Supreme Court justice to three years house arrest has scheduled a resentencing hearing for Tuesday."

And Adam Brandolph of The Pittsburgh Tribune-Review has a news update headlined "Judge says he will resentence former Justice Melvin next week 'out of extreme caution.'"
Posted at 02:44 PM by Howard Bashman

"Female HLS Graduates Enter a Job Market Dominated by Men": This article -- part three in a three-part series -- appears today in The Harvard Crimson.
Posted at 02:33 PM by Howard Bashman

"The N.L.R.B.'s Contested Poster": Today's edition of The New York Times contains an editorial that begins, "The subject of the latest outrageous ruling by the United States Court of Appeals for the District of Columbia Circuit is an 11-by-17-inch poster."
Posted at 02:30 PM by Howard Bashman

"Federal court defends judicial conference at Georgia resort": Jamie Dupree of The Atlanta Journal-Constitution had this post last night at his "Washington Insider" blog.
Posted at 02:19 PM by Howard Bashman

"'Look, you may hate me': 90 minutes with John Steele, porn troll; Says Judge Wright's Star Trek references were 'beneath the dignity of the court.'" Joe Mullin of Ars Technica has this interview.
Posted at 01:00 PM by Howard Bashman

"Man who stripped at Portland International Airport fights $1,000 fine from TSA": This article appears today in The Oregonian. According to the article, the case could eventually reach the U.S. Court of Appeals for the Ninth Circuit.
Posted at 12:53 PM by Howard Bashman

"'Morning-After' Pill Judge Won't Delay Ruling for Appeal": Bloomberg News has this report.

And The Associated Press reports that "Judge in NYC refuses to suspend his Plan B ruling."
Posted at 12:50 PM by Howard Bashman

"Chamber Of Commerce Is Big Winner With Increasingly Conservative Supreme Court": Sahil Kapur of TPM DC has this report.
Posted at 12:44 PM by Howard Bashman

En banc Federal Circuit issues decision addressing the patentability of a computer-assisted business method that reduces risks in financial situations: Today's en banc ruling of the U.S. Court of Appeals for the Federal Circuit begins with a one-paragraph per curiam opinion stating:
Upon consideration en banc, a majority of the court affirms the district court's holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. sec. 101. An equally divided court affirms the district court's holding that the asserted system claims are not directed to eligible subject matter under that statute.
In addition to that short per curiam opinion, six judges issued separate opinions.

Last month, Erin Geiger Smith of Reuters wrote about the case that the en banc Federal Circuit decided today in an article headlined "In gene case, Supreme Court to again address patent eligibility."
Posted at 12:40 PM by Howard Bashman

"Appeals court rules that Righthaven lacked standing to sue over copyrights": This article appears today in The Las Vegas Sun.

And Erin Geiger Smith of Reuters has an article headlined "Assignment to sue for copyright not enough for standing -- appeals court."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 12:30 PM by Howard Bashman

"High court's hospital merger ruling could spur antitrust challenges": Terry Baynes of Reuters has a report that begins, "A ruling this year by the U.S. Supreme Court in a hospital merger case could embolden federal regulators to bring more antitrust challenges against healthcare deals, said Sara Razi, a deputy assistant director at the Federal Trade Commission."
Posted at 12:25 PM by Howard Bashman

"Altering a culture in which much of the bar had come to believe that briefing schedules were issued only to be automatically extended until convenient for counsel to file a brief was difficult." The U.S. Court of Appeals for the Second Circuit today issued an interesting per curiam ruling reminding counsel that repeated extensions of time in which to file a brief are disfavored, even for exceptional circumstances. Unlike many courts, however, the Second Circuit initially allows counsel to more or less set the original timetable for briefing an appeal.
Posted at 11:47 AM by Howard Bashman

"How Vacancies on the D.C. Circuit Court Are Swaying Policy in America: The court's judges are obstructing appointments to a key regulatory body; But since the Senate won't confirm Obama's own judicial picks, the appointments will stay stuck." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 07:53 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