How Appealing

Tuesday, July 30, 2013

Promise kept: Back on December 11, 2012, in previewing an oral argument that I would be delivering the next day, I wrote "Eventually, the video of the oral argument should be available online via the web site of the Pennsylvania Cable Network. I will link to the video when it becomes available."

Unfortunately, as time passed, the video did not become available online. In relatively short order, my client won the appeal (and I collected news coverage of the outcome here, here, and here). Once the decision issued, I stopped checking to see if the oral argument had become available online.

Now, however, I see that PCN at some point finally posted the video of the oral argument online. The oral argument video is the first case that appears in "part two" of the video proceedings available online via this link.
Posted at 11:57 PM by Howard Bashman

"Senators Coons, Leahy introduce bill to create 91 new judgeships; Legislation is based on recommendations of nonpartisan Judicial Conference led by Chief Justice John Roberts": U.S. Senator Chris Coons (D-DE) issued this news release today.
Posted at 11:40 PM by Howard Bashman

"SCOTUSblog on camera: Geoffrey Stone part two." Today at "SCOTUSblog," you can access at this link part two of a video interview with law professor Geoffrey R. Stone.
Posted at 11:38 PM by Howard Bashman

"Warrantless Cellphone Tracking Is Upheld": This article will appear Wednesday in The New York Times.

Cyrus Farivar of Ars Technica has a report headlined "Again, federal court finds cops don't need a warrant for cellphone location data; If you want your records anonymized, tell 'the market or the political process.'"

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Fifth Circuit Hands Down Long-Awaited Case on the Fourth Amendment, Cell-Site Data, and Ex Parte Decisionmaking."
Posted at 10:55 PM by Howard Bashman

"Pentagon: Guantanamo tab $5.2B and counting." Carol Rosenberg of The Miami Herald has this report.
Posted at 10:22 PM by Howard Bashman

"Underemployed Cooley Law grads lose the war, but win the battle": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 10:11 PM by Howard Bashman

"Obama administration to release secret court order on phone records": The Los Angeles Times has this news update.
Posted at 10:05 PM by Howard Bashman

"Lawyer Who Beat Chevron in Ecuador Faces Trial of His Own": This article will appear Wednesday in The New York Times.
Posted at 10:00 PM by Howard Bashman

"Holder's Texas-Sized Gambit after Voting Act Loss": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The National Law Journal.
Posted at 07:05 PM by Howard Bashman

"The Next Big Test of Corporate Personhood": David H. Gans has this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 05:30 PM by Howard Bashman

"Cops Can Track Cellphones Without Warrants, Appeals Court Rules": David Kravets has this post today at's "Threat Level" blog.

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Cellphone privacy case on way to Court?"
Posted at 02:47 PM by Howard Bashman

"Lawsuit over 2009 Oscar Grant BART fracas can proceed": Howard Mintz of The San Jose Mercury News has this update.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Ex-BART Cop Must Face Civil Suit in Oscar Grant Shooting."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:26 PM by Howard Bashman

"Air Marshal Disclosed 'Sensitive' Info Online, D.C. Circuit Says": At "The BLT: The Blog of Legal Times," Mike Scarcella had this post reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit unsealed today.
Posted at 01:26 PM by Howard Bashman

"Appeals court upholds ruling striking down NYC's large soda ban; Mayor Michael Bloomberg had advanced the regulation as a way to combat obesity among city residents": The New York Daily News has this update.

The New York Post has a news update headlined "Appeals court upholds ruling slapping down Mayor Bloomberg's soda ban."

Bloomberg News reports that "N.Y.'s Large Soda Ban Block Ruling Upheld on Appeal."

Reuters reports that "Appeals court upholds ruling that halted NYC's large-soda ban."

The Associated Press has a report headlined "Appeals court: NYC's big-soda ban unconstitutional."

You can access today's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.
Posted at 01:16 PM by Howard Bashman

"MIT report finds university never pushed for prosecution or punishment for Aaron Swartz": The Boston Globe has this news update.

John Schwartz of The New York Times has a news update headlined "M.I.T. Releases Report on Its Role in the Case of Aaron Swartz."

And The Boston Herald has a news update headlined "MIT report finds 'no wrongdoing' in Aaron Swartz case."

I previously linked to the report in this post from earlier today.
Posted at 01:08 PM by Howard Bashman

"Imprisoned Al-Qaeda Translator Cites Speech Freedom in Appeal": Bloomberg News has this report.

Update: In other coverage, The Associated Press reports that "Mass. convict in terror case argues court appeal."
Posted at 01:02 PM by Howard Bashman

"The Third Circuit Is Wrong Again: 'For-Profit, Secular Corporations' Can Engage in the 'Exercise of Religion.'" At "walshsblog," law professor Kevin C. Walsh has this post today.
Posted at 12:02 PM by Howard Bashman

"Report to the President: MIT and the Prosecution of Aaron Swartz." MIT today posted online this lengthy report, along with a letter from MIT's president.

The web page where the report is posted online also provides access to some related materials.
Posted at 11:54 AM by Howard Bashman

"The plaintiffs, twelve graduates of the Thomas M. Cooley Law School, sued their alma mater in district court, alleging that the school disseminated false employment statistics which misled them into deciding to attend Cooley." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:18 AM by Howard Bashman

"A Judicial Whodunnit: Shedding Light On Unsigned Opinions." Andrew Lo has this essay online today at the "Cognoscenti" page of Boston's WBUR Radio.

Earlier this month, I had this post linking to the full paper.
Posted at 11:15 AM by Howard Bashman

In the August 2013 issue of ABA Journal magazine: Mark Walsh has an article headlined "DNA from arrested suspects is like any valid booking process, SCOTUS says."

David L. Hudson has an article headlined "Courts in a muddle over 4th Amendment's community caretaking exception."

And Bryan A. Garner's "On Words" column is titled "How attention to style improves substance."
Posted at 10:55 AM by Howard Bashman

"16-year terms for Wisconsin Supreme Court justices get nod from progressive group": The Capital Times of Madison, Wisconsin has this report.
Posted at 09:14 AM by Howard Bashman

"At The Supreme Court, The Number Of Women Advocates Is Increasing; Panelists at talk in D.C. discuss how women attorneys have broken into the exclusive 'club' of advocates": Tony Mauro of The National Law Journal has this report.
Posted at 09:10 AM by Howard Bashman

"Supreme Court Justice Ginsburg Speaks At Chautauqua Institution": Today's edition of The Post-Journal of Jamestown, New York contains this article.
Posted at 09:08 AM by Howard Bashman

"Supreme Court justices get defensive when losing a vote, BYU study says": This article appears today in The Deseret News.

Law professor Lance N. Long and statistics professor William F. Christensen have posted online at SSRN their article titled "When Justices (Subconsciously) Attack: The Theory of Argumentative Threat and the Supreme Court."
Posted at 09:05 AM by Howard Bashman

"Another Citizens United -- but Worse": Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 09:00 AM by Howard Bashman

"Charleston adoption hearing to weigh Veronica's transition as U.S. Supreme Court ponders stepping in": The Post and Courier of Charleston, South Carolina has this report.
Posted at 08:57 AM by Howard Bashman

"Ripped to Shreds on the Way to the D.C. Circuit: In the hyperpartisan battle over Obama's nominees to a key appeals court, the candidates' qualifications don't really matter." James Oliphant will have this essay in the August 2013 issue of The American Lawyer.
Posted at 08:47 AM by Howard Bashman

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