How Appealing

Tuesday, May 27, 2008

"Justices Say Law Bars Retaliation Over Bias Claims": Linda Greenhouse will have this article Wednesday in The New York Times.

And Wednesday in The Washington Post, Robert Barnes and William Branigin will have a front page article headlined "Justices Uphold Retaliation Lawsuits; Federal, Private Workers Have Same Protections."
Posted at 11:04 PM by Howard Bashman



"Philadelphia to challenge boy scouts on gay stance": Reuters provides this report.
Posted at 10:55 PM by Howard Bashman


"U.S. Supreme Court rejects Ryan appeal; Ex-Illinois governor runs out of legal options": The Chicago Tribune provides this news update.
Posted at 10:45 PM by Howard Bashman


"Does the Supreme Court's Current Doctrine of Stare Decisis Require Adherence to the Supreme Court's Current Doctrine of Stare Decisis?" Law Professor Michael Stokes Paulsen has posted this article (abstract with link for download) online at SSRN (via "Legal Theory Blog").
Posted at 10:38 PM by Howard Bashman


"Firm's unlikely client: Bin Laden's ex-driver; Seattle lawyers taking on Bush, Guantanamo." Today's edition of The Seattle Post-Intelligencer contains an article that begins, "With corporate clients such as The Boeing Co. and more than a third of a billion dollars in annual revenue, it might seem odd that lawyers from the Seattle firm of Perkins Coie would find themselves defending a dirt-poor Yemeni tribesman with a fourth-grade education. But the tribesman is Osama bin Laden's former driver. And defending him, the lawyers say, means checking the power of the president of the United States and exposing inhumane conditions at the Guantanamo Bay prison."
Posted at 07:58 PM by Howard Bashman


"Workers can sue firms over retaliation, Supreme Court rules; In two rulings Tuesday, the justcies took an expansive view of civil rights law": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 06:08 PM by Howard Bashman


"Texas appeal says FLDS families are flight risks": The Associated Press provides a report that begins, "Families of children seized from their polygamist sect's ranch could flee Texas if they regain custody, child welfare authorities said Tuesday as they urged the state Supreme Court to block a ruling that found the massive removals to be improper."
Posted at 06:00 PM by Howard Bashman


State of California, don't tax Eugene Volokh's porn! Law Professor Volokh (the elder) explains why a proposed California tax on "the sale of, or the storage, use, or other consumption of, tangible personal property that is adult material" would be unconstitutional in a post that you can access here.
Posted at 05:20 PM by Howard Bashman


"Boy Scouts sue Phila. to stay in headquarters": The Philadelphia Inquirer provides a news update that begins, "The Boy Scouts of America's Philadelphia chapter has sued the City of Philadelphia in federal court to block the city's May 31 deadline for the scouts to open membership to gays and atheists, or vacate their historic 1928 headquarters off Logan Square. The civil rights lawsuit, filed Friday in federal court in Center City, contends that the city's ultimatum violates the scouts' rights under the U.S. and Pennsylvania Constitutions."

And The Associated Press reports that "Boy Scouts sue Philadelphia over rent, policy barring gays."
Posted at 03:34 PM by Howard Bashman



"Supreme Court bolsters anti-bias protections for workers in 2 rulings; In one case, justices back a fired black man's bias claim based on the nation's first civil rights law; In the other, a federal clerk wins an anti-retaliation safeguard enjoyed in the private sector": David G. Savage of The Los Angeles Times has this news update.
Posted at 03:08 PM by Howard Bashman


Access online today's decisions in argued cases and Order List of the U.S. Supreme Court: The Court today issued three decisions in argued cases but did not grant review in any new cases, although the Court did call for the views of the Solicitor General in one case.

1. In Gomez-Perez v. Potter, No. 06-1321, Justice Samuel A. Alito, Jr. delivered the opinion of the Court, in which Justices John Paul Stevens, Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. The Chief Justice issued a dissenting opinion, in which Justices Antonin Scalia and Clarence Thomas joined. Justice Thomas also issued a short separate dissent, in which Justice Scalia joined. Speculation abounds that Justice Alito did not want to squelch the current meme about the Court's no longer deciding cases by 5-4 margins, and also he never really liked those Harry Potter books very much. You can access the decision at this link and the oral argument transcript at this link.

2. In CBOCS West, Inc. v. Humphries, No. 06-1431, Justice Breyer delivered the opinion of the Court, in which the Chief Justice and Justices Stevens, Kennedy, Souter, Ginsburg, Breyer, and Alito joined. Justice Thomas issued a dissenting opinion, in which Justice Scalia joined. You can access the decision at this link and the oral argument transcript at this link.

3. And in Riley v. Kennedy, No. 07-77, Justice Ginsburg delivered the opinion of the Court, in which the Chief Justice and Justices Scalia, Kennedy, Thomas, Breyer, and Alito joined. Justice Stevens issued a dissenting opinion, in which Justice Souter joined. You can access the decision at this link and the oral argument transcript at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "Court protects against retaliation."

The Associated Press provides reports headlined "Court OKs suits on retaliation in race, age cases"; "Supreme Court sides with Ala. governor"; "Court turns down former Illinois governor"; and "Justices turn down T-Mobile appeal over contracts."

Greg Stohr of Bloomberg News reports that "Worker Retaliation Suits Backed by U.S. Supreme Court."

And James Vicini of Reuters reports that "Court rejects appeal by ex-Illinois Gov. Ryan."
Posted at 12:08 PM by Howard Bashman



"Court to hear insemination case; Lesbian's suit spurred by denial of treatment": Today in The San Diego Union-Tribune, Greg Moran has an article that begins, "With its historic same-sex marriage ruling still reverberating across the state, the California Supreme Court this week will take up another case - with landmark potential - involving same-sex civil rights and religious freedom. The issue is whether fertility physicians at North Coast Women's Care in Vista discriminated against a lesbian couple from Oceanside when they cited religious beliefs in refusing to perform artificial insemination."

And The Associated Press reports that "High court to hear lesbian's case; Woman claims doctors denied artificial insemination because of sexual orientation."
Posted at 08:17 AM by Howard Bashman



"Are FLDS sect's beliefs sufficient grounds for taking the kids? Texas Supreme Court is set to weigh in on state's actions toward a polygamous sect." The Christian Science Monitor contains this article today.
Posted at 08:14 AM by Howard Bashman


"Judge's old notes shed light on last execution in R.I." This article appeared Sunday in The Providence Journal.
Posted at 08:05 AM by Howard Bashman


"Three Gavels for Tennessee": Today's edition of The Wall Street Journal contains an editorial that begins, "It was sunny in Tennessee last week, when the state's controversial method of picking judges was allowed to expire amid high-stakes legislative wrangling. The change marks the first time a merit selection plan has been ousted in any state that has adopted it."
Posted at 07:50 AM by Howard Bashman


"Off the bench, judge blogs her mind; Gertner's observations an anomaly in Mass." The Boston Globe today contains an article that begins, "For those who think the typical blogger is a twenty-something tapping on a laptop while wearing pajamas and listening to Death Cab for Cutie through earbuds, a Brookline woman who blogs on legal affairs for Slate magazine is an anomaly. At 62, she finds listening to music with lyrics too distracting when she writes, although she sometimes likes Chopin in the background. She typically composes her blogs in her work attire - a business suit or a dress. And she's a federal judge."

U.S. District Judge Nancy Gertner is among the many contributors to Slate's "Convictions" blog. You can access only her posts (totaling four, thus far) by clicking here.
Posted at 07:45 AM by Howard Bashman



"The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples: Why Domestic Partnerships Are Not Enough." Joanna Grossman and Linda McClain have this essay online today at FindLaw.
Posted at 07:35 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