How Appealing

Friday, October 2, 2009

"The State of Guns: The Supreme Court is again poised to decide a historic Second Amendment question." This editorial appears today in The Washington Post.
Posted at 11:35 PM by Howard Bashman


"Newer Justices Could Transform Supreme Court": Robert Barnes of The Washington Post has this news update.
Posted at 11:15 PM by Howard Bashman


"Judge sorry for allowing cameras into federal courtroom": The News-Gazette of Champaign, Illinois today contains an article that begins, "U.S. District Judge Joe Billy McDade has apologized for allowing cameras to record a Champaign schools consent decree hearing in September. McDade issued the written apology after Judge Frank Easterbrook, chief judge of the 7th Circuit, chided McDade in a written opinion for allowing video and still photography and live broadcasting of a Sept. 15 fairness hearing over the Champaign school district's consent decree." (Via WSJ.com's "Law Blog.")

The Judicial Council of the Seventh Circuit has posted online this order and this memorandum by Chief Judge Frank H. Easterbrook and this letter of apology from U.S. District Judge Joe Billy McDade of the Central District of Illinois.
Posted at 08:54 PM by Howard Bashman



"Do Women Make Better Judges? Asked and answered--with data." Stephen Choi, Mitu Gulati, Mirya Holman, and Eric Posner have this jurisprudence essay online at Slate.

A more in-depth explanation of their findings can be found in their paper titled "Judging Women" posted at SSRN (via "The Volokh Conspiracy").
Posted at 05:33 PM by Howard Bashman



"Experts: NJ voting buffer zone ruling won't stand." The Associated Press has this report.

My earlier coverage of Wednesday's Supreme Court of New Jersey ruling can be accessed here.
Posted at 05:10 PM by Howard Bashman



"Obama begins to overhaul key US appeals court": The Associated Press has a report about the U.S. Court of Appeals for the Fourth Circuit that begins, "President Barack Obama has begun reshaping the nation's most conservative federal appeals court, one that has handled many high-profile terrorism and detainee cases and generally supported the anti-terrorism initiatives of former President George W. Bush."

And a related AP report is headlined "Obama moving slowly on judges."
Posted at 02:08 PM by Howard Bashman



"Appeals Court: Guard Can Be Sued Over Shackled Inmate In Labor." The Associated Press has a report that begins, "A federal appeals court has ruled that a jail guard can be sued by a prisoner who was shackled while in labor, but also found that the Correction Department director is immune from the suit."

By its use of the term "in labor," The AP means that a female prisoner was forced to remain shackled while giving birth to a child.

You can access today's ruling of the en banc U.S. Court of Appeals for the Eighth Circuit at this link. The en banc court divided 6-5 on the aspect of the decision that allows the lawsuit against the guard to proceed.
Posted at 01:58 PM by Howard Bashman



"All Eyes on Sunday's Red Mass, Unofficial Start of Supreme Court Season": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 12:00 PM by Howard Bashman


"Allergan suing FDA over off-label policy": The Associated Press has a report that begins, "Allergan Inc., the maker of the Botox wrinkle treatment, challenged the government's ban on off-label drug marketing to doctors, saying it violates the company's right to freedom of speech."

According to The AP's report, "Allergan is represented in its lawsuit by Paul D. Clement, a partner at King & Spalding LLP in Washington, D.C., and formerly the Solicitor General of the United States."

Allergan, Inc. issued this news release about the lawsuit yesterday.
Posted at 11:55 AM by Howard Bashman



"Court to hear case on material support for terrorists": Tony Mauro has this report online at the First Amendment Center.
Posted at 11:15 AM by Howard Bashman


The U.S. Department of Justice has a new web site: You can access the new web site at this link, while a blog post announcing the new web site can be accessed here.
Posted at 10:58 AM by Howard Bashman


Divided three-judge Sixth Circuit panel affirms the dismissal of antitrust lawsuit brought by travel agencies alleging that major airlines had conspired to reduce, cap, and eventually eliminate the payment of base commissions to drive plaintiffs out of business: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:52 AM by Howard Bashman


"German court says Demjanjuk trial can go ahead": The Associated Press has this report.
Posted at 10:48 AM by Howard Bashman


"Benched: Why the Supreme Court is irrelevant." Law professor Barry Friedman has this article online at The New Republic.

And for another recent mention of Barry Friedman here at "How Appealing," see this post from last Sunday.
Posted at 10:37 AM by Howard Bashman



"NJ court reinstates ban on voting site exit polls": The Associated Press has a report that begins, "The New Jersey Supreme Court has reinstated a ban on exit polls, surveys taken of people as they leave their voting places."

You can access Wednesday's ruling of the Supreme Court of New Jersey at this link.
Posted at 08:35 AM by Howard Bashman



"N.J. Supreme Court Likely to Ease, Not Lift, Ban on Comparative Lawyer Advertising": law.com has this report.
Posted at 08:27 AM by Howard Bashman


"High court prods panel in Sanford ethics case; Justices want more arguments about releasing report on governor": The State of Columbia, South Carolina today contains an article that begins, "The S.C. Supreme Court has asked a state ethics panel to submit arguments by noon Monday on whether it can release a preliminary investigation of Gov. Mark Sanford to lawmakers."
Posted at 08:17 AM by Howard Bashman


"Red Mass: lobbying high court or simple prayer service?" Bill Mears of CNN.com has this report.
Posted at 08:15 AM by Howard Bashman


"Prayer policy Lodi's next hurdle; New language up to city attorney": The Record of Stockton, California contains an article today that begins, "Now that the Lodi City Council has endorsed holding uncensored invocations at its regular meetings, most certainly there will be more prayers to Jesus. What about Satan?"

The Lodi News-Sentinel reports today that "Lodi may be headed for prayer lawsuit; Freedom From Religion Foundation will 'see how it pans out.'"

The Sacramento Bee reports today that "Lodi, other cities put faith in prayer diversity."

And The New York Times reports that "City Decides to Continue Pre-Meeting Invocation."
Posted at 08:11 AM by Howard Bashman



"Dallas judge paves way for gay couple to get divorce": The Dallas Morning News today contains an article that begins, "In a first for Texas, a judge ruled Thursday that two men married in another state can divorce here and that the state's ban on gay marriage violates the U.S. Constitution."

The Associated Press reports that "Texas judge clears way for gay divorce."

And the "Tex Parte" blog of Texas Lawyer has a post titled "State district judge finds Texas' ban on gay marriage unconstitutional."

The judge who issued the ruling has this reelection web site.
Posted at 08:00 AM by Howard Bashman



"The Courts and Privacy": Today's edition of The New York Times contains an editorial that begins, "To the delight of headline writers, the Alabama Supreme Court recently decided the case of 1568 Montgomery Highway Inc. -- also known as Love Stuff -- v. the City of Hoover. In a 7-to-2 ruling, it upheld a state law banning the sale of sex toys. The dispute may seem a bit frivolous, but it rests on a fundamental question: After the Supreme Court's 2003 ruling striking down sodomy laws, how free is the majority to impose its morality through the law?"

My earlier coverage of last month's Alabama Supreme Court ruling appears at this link.
Posted at 07:50 AM by Howard Bashman



"Down the Memory Hole: Justice David H. Souter has agreed to share his Supreme Court papers, but with a 50-year lock." Linda Greenhouse has this op-ed today in The New York Times.
Posted at 07:42 AM by Howard Bashman


"Justice Thomas Speaks About His Silence on the Bench": law.com has a report that begins, "For a U.S. Supreme Court justice who remains mum during oral arguments, Clarence Thomas shared a lot on Wednesday during a 90-minute conversation before an audience of 2,300 at Southern Methodist University in Dallas."

Yesterday's edition of The SMU Daily Campus contained an article headlined "Thomas reflects on Supreme Court appointment, addresses unfair media coverage."

And yesterday's edition of The Daily Skiff of Texas Christian University contained an article headlined "Justice: Oath to constitution a priority."

Video of Justice Clarence Thomas's remarks as a speaker in the Willis M. Tate Distinguished Lecture Series may eventually appear at this link.

Meanwhile, last week Justice Thomas spoke at a Lincoln conference at Washington and Lee.

The Waynesboro News Virginian reported that "Justice speaks at W&L."

You can download the audio of Justice Thomas's remarks at the Lincoln conference via this link (40.6MB mp3 audio file).
Posted at 07:35 AM by Howard Bashman



"Sotomayor won't sell NY apartment in this economy": Mark Sherman of The Associated Press has this report.
Posted at 07:20 AM by Howard Bashman


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