How Appealing

Monday, June 24, 2013

The U.S. Court of Appeals for the Third Circuit launched its redesigned web site today: You can access the new site by clicking here.
Posted at 11:38 PM by Howard Bashman


"Supreme Court limits workers' discrimination, retaliation suits; The court makes it harder to blame an employer for harassment by a co-worker and rules that in retaliation suits, it's not enough to prove illegal bias was one of multiple reasons for a firing": David G. Savage will have this article in Tuesday's edition of The Los Angeles Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court splits openly on worker protection suits." In addition, columnist Dana Milbank has an essay titled "Justice Samuel Alito's middle-school antics."

In Tuesday's edition of The New York Times, Steven Greenhouse will have an article headlined "Supreme Court Raises Bar to Prove Job Discrimination."

Richard Wolf of USA Today reports that "Justices narrow scope for workplace discrimination; A kitchen employee's lawsuit had been pending before the court since November, reflecting the difficulty of the case."

The Indianapolis Star reports that "U.S. Supreme Court rules Ball State not liable for alleged hostile work environment."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "High Court Sides With Employers In Discrimination Suits."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices Back Educational Employers in Title VII Rulings."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Justice Alito's Inexcusable Rudeness; A justice of the Supreme Court should not act like a high schooler on the bench; when the target is a fellow justice, the offense is even greater."
Posted at 11:30 PM by Howard Bashman



"Journalists and the Espionage Act: Prosecution risk is remote but real." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:58 PM by Howard Bashman


"Guantanamo prosecutor uncovers secret CIA photos of accused bomber": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:56 PM by Howard Bashman


"Federal court halts execution of Miami killer Marshall Lee Gore": The Miami Herald has a news update that begins, "A federal appeals court on Monday temporarily halted the execution of Miami killer Marshall Lee Gore, about an hour before he was set to die by lethal injection."
Posted at 10:55 PM by Howard Bashman


Access the most recent entries in Slate's "The Breakfast Table" discussion titled "Supreme Court 2013: The Year in Review." Walter Dellinger has a post titled "It's not hypocritical to want the Supreme Court to strike down DOMA but not the Voting Rights Act."

Seventh Circuit Judge Richard A. Posner has a post titled "Can't Justice Scalia learn a little science?"

Emily Bazelon has a post titled "Why did the Supreme Court punt the affirmative-action case?"

And law professor Eric Posner has a post titled "Monday's affirmative action ruling brings us no closer to meritocracy."
Posted at 10:48 PM by Howard Bashman



"Impatient Nation Demands Supreme Court Just Get To The Gay Stuff": The Onion has this report today.

And Howard Mintz of The San Jose Mercury News has an update headlined "Gay marriage suspense mounts at U.S. Supreme Court."
Posted at 09:18 PM by Howard Bashman



In the July 2013 issue of ABA Journal magazine: Mark Walsh will have an article headlined "SCOTUS limits the Alien Tort Statute, slowing suits against U.S. companies for action overseas."

L. Jay Jackson will have an article headlined "Legislators and special interests are making sure we get the state court judges they want."

And the newest installment of Bryan A. Garner's "On Words" column is titled "7 steps for producing top-notch text with a co-author."
Posted at 09:10 PM by Howard Bashman



"Supreme Court will review cross-state ruling in win for EPA": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:04 PM by Howard Bashman


"At the Supreme Court, A Great Day for Corporations: Taken together, three of today's decisions continue the Roberts Court's pro-business streak." Andrew Cohen has this essay online at The Atlantic.
Posted at 03:02 PM by Howard Bashman


"Supreme Court rules generic-drug makers can't be sued over defects": David G. Savage of The Los Angeles Times has this news update.

And Richard Wolf of USA Today reports that "Court relieves generic drug maker of injury liability; Decision provides generic drug manufacturers with more protection from lawsuits than their brand-name counterparts."
Posted at 01:15 PM by Howard Bashman



"Justices Agree to Hear Case on President's Recess Appointments": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to weigh in on Obama's recess appointments."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court agrees to decide recess-appointments issue."

Richard Wolf of USA Today reports that "President-Congress showdown reaches high court; In the court's next term, the battle over President Obama's labor board appointments could result in landmark decision about presidential power and congressional oversight."

And Warren Richey of The Christian Science Monitor has an article headlined "Were Obama recess appointments constitutional? Supreme Court takes case; The Supreme Court will weigh in on a major flash point between President Obama and Senate Republicans, who challenge his use of recess appointments while their chamber is holding 'pro forma' sessions."
Posted at 01:12 PM by Howard Bashman



"With big rulings left, U.S. high court sets next session for Tuesday": Joan Biskupic of Reuters has this report.
Posted at 12:11 PM by Howard Bashman


"Supreme Court Orders Lower Court to Reconsider Affirmative Action Case": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court sends Texas affirmative action plan back for further review."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court issues narrow affirmative action ruling."

Richard Wolf of USA Today reports that "Court calls for tougher scrutiny of affirmative action; The conservative court has long has expressed skepticism about programs giving racial and ethnic minorities a leg up on others."

Jess Bravin and Brent Kendall of The Wall Street Journal have a news update headlined "Supreme Court Returns Affirmative-Action Case to Lower Court."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court sends affirmative action case back to lower court."

Stephen Dinan of The Washington Times has a news update headlined "Supreme Court sends affirmative action case back to lower courts."

The Austin American-Statesman has news updates headlined "U.S. Supreme Court orders lower court to review UT's use of affirmative action" and "Plaintiff in case against UT 'grateful' for high court ruling."

And Josh Gerstein of Politico.com reports that "SCOTUS passes on big affirmative action decision."
Posted at 11:48 AM by Howard Bashman



"NY court upholds ex-billionaire's conviction": The Associated Press has a report that begins, "A federal appeals court in New York City is upholding the conviction of a onetime billionaire on insider trading charges."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:54 AM by Howard Bashman



Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued five decisions in argued cases. At the close of today's session, the Court announced that it will issue additional rulings in argued cases tomorrow.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Vance v. Ball State Univ., No. 11-556. Justice Clarence Thomas issued a concurring opinion. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Mutual Pharmaceutical Co. v. Bartlettt, No. 12-142. Justice Breyer issued a dissenting opinion, in which Justice Kagan joined. And Justice Sotomayor issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

3. Justice Breyer delivered the opinion of the Court in United States v. Kebodeaux, No. 12-418. Chief Justice John G. Roberts, Jr. and Justice Alito each issued an opinion concurring in the judgment. Justice Antonin Scalia issued a dissenting opinion. And Justice Thomas issued a dissenting opinion, in which Justice Scalia joined in part. You can access the oral argument via this link.

4. Justice Anthony M. Kennedy delivered the opinion of the Court in Fisher v. University of Texas at Austin, No. 11-345. Justices Scalia and Thomas each issued a concurring opinion. And Justice Ginsburg issued a dissenting opinion. Justice Kagan was recused from the ruling. You can access the oral argument via this link.

5. And Justice Kennedy delivered the opinion of the Court in University of Tex. Southwestern Medical Center v. Nassar, No. 12-484. Justice Ginsburg issued a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "High court sends back Texas race-based plan"; "Court says no to generic drug design lawsuits"; and "Court: Supervisors must be able to hire and fire."

Greg Stohr of Bloomberg News reports that "Affirmative Action Case Yields Compromise Court Ruling"; "Patient Drug Suits Curbed as U.S. Supreme Court Backs Takeda"; and "Job-Supervisor Harassment Suits Limited by U.S. Supreme Court."

And from Reuters,Lawrence Hurley reports that "U.S. justices send affirmative action case back to lower court." In addition,Hurley and Jonathan Stempel report that "U.S. justices rule against college employee in harassment case."
Posted at 10:04 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review in nine new cases. The Court also called for the views of the Solicitor General in two cases. And the Court issued a per curiam opinion in Ryan v. Schad, No. 12-1084.

In early news coverage, The Associated Press reports that "High court to hear Obama recess appointments case"; "High court to review cross-border pollution rule"; "Court to hear appeal of abortion buffer zone"; "High court to review immigration dispute"; "Court to referee union-company agreement"; "Court nixes appeal over added ethanol in gasoline"; and "High court reinstates Schad's death sentence."

Greg Stohr of Bloomberg News reports that "Obama's Recess Appointments Draw Supreme Court Scrutiny"; "Obama's EPA Gets Supreme Court Hearing on Coal Pollution"; "Abortion Clinic Buffer Zone Gets U.S. High Court Review"; "Ethanol Increase Survives as Top Court Rejects Challenges"; and "Pfizer Loses Top Court Bid for Shield From Asbestos Suits."

Lawrence Hurley of Reuters reports that "U.S. justices to hear presidential appointments case."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Declines Appeal on IDEA Residential Placements."
Posted at 09:34 AM by Howard Bashman



"LBJ Vision for Racial Justice Weighed as Ruling Nears": Michael Tackett of Bloomberg News has this report.

And yesterday's broadcast of NPR's "Weekend Edition Sunday" contained an audio segment titled "What Happens Without Affirmative Action: The Story Of UCLA."
Posted at 07:22 AM by Howard Bashman



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