Saturday, November 22, 2014
"Obama's overreach? Look in the mirror, Congress." Law professor Josh Blackman has this op-ed in today's edition of The Los Angeles Times.
Posted at 10:48 PM by Howard Bashman
"Legal battle over Prince Charles' letters reaches supreme court; After nine years, Guardian fight to force publication of 'black spider memos' to government ministers may be nearing end": The Guardian (UK) has an article that begins, "A nine-year battle to force the publication of a set of secret letters written by Prince Charles reaches the highest court in the UK next week."
Posted at 01:07 PM by Howard Bashman
"Supreme Court Declines to Peek at 'Pole Tax'": The Texas Tribune has this report.
Posted at 01:03 PM by Howard Bashman
"Judge rules against N.J. sports betting, but state plans to appeal": NJ.com has this report.
Posted at 10:40 AM by Howard Bashman
"Aereo Investors Lose a $95.6 Million Bet on Future of Television; According to bankruptcy papers, Aereo has just $4.6 million in cash left": Eriq Gardner had this post yesterday at the "Hollywood, Esq." blog of The Hollywood Reporter.
"Kagan discusses the Constitution, the Supreme Court and her time at Princeton": Princeton University issued this news release yesterday.
Posted at 10:06 AM by Howard Bashman
Friday, November 21, 2014
"Iowa's high court referees teen girls' fight": The Associated Press has this report on a ruling that the Supreme Court of Iowa issued today.
Posted at 05:02 PM by Howard Bashman
"Virginia Supreme Court rejects Huguely appeal; Herring hope conviction 'gives some comfort' to Love's family, friends": The Cavalier Daily has this news update.
The Eleventh Circuit is halfway to a barbershop quartet: On September 16, 2014, The Orlando Sentinel published online an article headlined "Excessive force used in 2010 barbershop raid, appeal court says" reporting on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued the preceding day.
"Oklahoma Attorney General Scott Pruitt seeks Supreme Court review of case against health care law; AG Scott Pruitt wants the nation's high court to add his case to one already under review of the subsidies given to people who buy health insurance under the Affordable Care Act": Chris Casteel has this article in today's edition of The Oklahoman.
Posted at 01:23 PM by Howard Bashman
"A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA; Jackie was just starting her freshman year at the University of Virginia when she was brutally assaulted by seven men at a frat party; When she tried to hold them accountable, a whole new kind of abuse began." Sabrina Rubin Erdely has this article in the December 4, 2014 issue of Rolling Stone magazine.
Posted at 01:20 PM by Howard Bashman
"Is the Criminal Justice System Defensible? A debate between Judge Harvie Wilkinson III and Stephen Bright." Andrew Cohen has posted this debate online today at The Marshall Project.
Posted at 12:23 PM by Howard Bashman
"SCOTUSblog on camera: Eric Schnapper (Part two)." After a day off yesterday in honor of New Jersey's having become the first state to ratify the Bill of Rights on November 20, 1789, "SCOTUSblog" has today posted part two of this interview at this link.
Posted at 11:16 AM by Howard Bashman
"House Republicans Sue Obama Administration Over Health Law": The New York Times has this news update.
USA Today reports that "House GOP sues White House over health care law."
The Associated Press reports that "House GOP sues administration over health care law."
Amanda Becker of Reuters reports that "House Republicans sue over Obama's healthcare law."
Bloomberg News reports that "House Republicans Sue Obama Over Health Law Implementation."
And at TPM DC, Sahil Kapur reports that "House GOP Finally Sues Obama On Obamacare."
"Coming Soon: Posner on Posner, a Crowd-Sourced Interview." Tony Mauro of The National Law Journal has this very interesting article today. You can freely access the full text of the article via Google.
The interview will appear at the "Concurring Opinions" blog, and I will do my best to link to its installments as they appear.
Here's an update from Ronald Collins, who will be posting the interview at "Concurring Opinions." In an email, Collins reports, "The series starts on Monday followed by a second post on Wednesday and then will resume after Thanksgiving. The first two pieces are my own biographical profiles of the Judge. The Q&A posts begin the following week." According to Collins, "there are 50 questions from 24 scholars and the remaining 100 or so are from me."
"Are federal trial judges who write bluntly in law reviews, blogs, etc., 'flashers' who expose too much of themselves?" Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 09:34 AM by Howard Bashman
"The Awakening of Thurgood Marshall: The case he didn't expect to lose; And why it mattered that he did." Gilbert King has this essay online at The Marshall Project.
Posted at 09:32 AM by Howard Bashman
Access online the redesigned "Above the Law" blog: At this link.
Posted at 08:32 AM by Howard Bashman
"YLS students give mixed reviews of clerkship process": This article appears in today's edition of The Yale Daily News.
Posted at 08:30 AM by Howard Bashman
"Supreme Court should rehear Abigail Fisher's case, put the issue to rest": Columnist Jazmyn Griffin has this essay in today's edition of The Daily Texan.
Posted at 08:17 AM by Howard Bashman
"Aereo Seeks Bankruptcy After Losing Supreme Court Fight": Michael Bathon and Alex Barinka of Bloomberg News have this report.
Thursday, November 20, 2014
"More Judges Question Use Of Fake Drugs In Sting Cases": Erik Eckholm will have this article in Friday's edition of The New York Times.
Posted at 10:05 PM by Howard Bashman
"Judge Won't Let SiriusXM Immediately Appeal Turtles Ruling; The hot-button legal issue is the unlicensed broadcasting of pre-1972 sound recordings": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 10:03 PM by Howard Bashman
"Justice Kagan '81 discusses legal analysis, Court's perception": The Daily Princetonian has this report.
And The Times of Trenton has a news update headlined "Justice Kagan talks equality, justice with Princeton president, denies Supreme Court corruption."
"5th Circuit refuses to reconsider Mississippi's abortion law": The Clarion-Ledger of Jackson, Mississippi has this news update.
And Reuters reports that "Appeals court order keeps Mississippi's sole abortion clinic open."
Access online the audio of yesterday's Third Circuit oral argument in Christian college's challenge to contraceptive mandate opt-out rules: You can access at this link (28.4 MB mp3 audio file) yesterday's oral argument in Geneva College v. Burwell.
Supreme Court of Pennsylvania rules that the use of pre-arrest silence as substantive evidence of guilt violates a non-testifying defendant's rights under the Pennsylvania Constitution: Today's ruling of the Supreme Court of Pennsylvania consists of an opinion announcing the judgment of the court, a concurring opinion, and two dissenting opinions (here and here).
Posted at 04:23 PM by Howard Bashman
"Judge Easterbrook delivers inaugural Scalia lecture: Interpreting the Unwritten Constitution." Harvard Law Today has this report.
"PA: Court Declines to Adopt R3: Products Liability." Christopher J. Robinette has this post today at "TortsProf Blog."
"State Supreme Court upholds $500K damage cap for suits against schools, municipalities": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this update.
And The Associated Press has a report headlined "Court: $500K limit proper for girl run over by Pennsbury bus."
"US Supreme Court says 'no' to SC's request for more time on same-sex marriage decision": The State of Columbia, South Carolina has this news update.
And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriages can go ahead in South Carolina."
"Measuring the Fortress: Explaining Trends in Supreme Court and Circuit Court Dictionary Use." John Calhoun has this note in the November 2014 issue of The Yale Law Journal.
Posted at 10:44 AM by Howard Bashman
"Obamacare provision challenged in court; Catholic organizations oppose opt-out policy": Karen Langley has this article in today's edition of The Pittsburgh Post-Gazette.
The appeal was argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Third Circuit consisting of Chief Judge Theodore A. McKee, Circuit Judge Marjorie O. Rendell, and Senior Circuit Judge Dolores K. Sloviter.
"Chief Judge Kozinski Responds": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
"White House readies immigration legal defense; Court and historical precedents eyed as bolstering case for unilateral action": Josh Gerstein of Politico.com has this report.
Posted at 09:30 AM by Howard Bashman
"Alaska Loses Round in Gay Marriage Appeal": At her "Trial Insider" blog, Pamela A. MacLean has this post about the denial of an initial en banc hearing that the U.S. Court of Appeals for the Ninth Circuit noted online yesterday.
Posted at 09:24 AM by Howard Bashman
"Three Things Congress Should Do in 2015 About Judges": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 09:20 AM by Howard Bashman
"Judges question ATF stings that lure suspects into fictitious stickups": Victoria Kim of The Los Angeles Times has this report.
Posted at 07:40 AM by Howard Bashman
Wednesday, November 19, 2014
"Why Voter ID Laws Don't Swing Many Elections": Nate Cohen will have this essay in Thursday's edition of The New York Times.
Posted at 11:07 PM by Howard Bashman
"Meet Michael Cannon, the man who could bring down Obamacare": Sarah Kliff has this interview today at Vox.com.
Posted at 10:54 PM by Howard Bashman
"Is the Supreme Court Objective? Cases For and Against." The National Constitution Center has posted on YouTube at this link the video of yesterday's discussion between law professors Erwin Chemerinsky and Nicholas Quinn Rosenkranz.
Posted at 10:52 PM by Howard Bashman
"Missouri Attorney General Puts Limit on Contributions": Eric Lipton will have this article in Thursday's edition of The New York Times.
Posted at 10:48 PM by Howard Bashman
"Obama Is Not a Monarch: The president cannot act alone; the Constitution requires compromise." U.S. Senator Ted Cruz (R-TX) has this essay online at Politico Magazine.
Posted at 10:45 PM by Howard Bashman
"N.S.A. Phone Data Collection Could Go On, Even if a Law Expires": Charlie Savage will have this article in Thursday's edition of The New York Times.
Posted at 10:42 PM by Howard Bashman
"Was He Lying? Or Negotiating? Ex-Jefferies Trader Warns Court of Chilling Effect." Bloomberg News has this report.
Posted at 08:55 PM by Howard Bashman
"SCOTUSblog on camera: Eric Schnapper (Part one)." You can access the video at this link.
Posted at 08:10 PM by Howard Bashman
"After three decades, does Zauderer need updating?" Lyle Denniston had this post yesterday at "SCOTUSblog."
Posted at 08:09 PM by Howard Bashman
"Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?" Adam Steinman had this post Monday at the "Civil Procedure & Federal Courts Blog."
"Women's Equality: Not a Radical Idea." Monday at the blog "Hamilton and Griffin on Rights," Leslie C. Griffin had a post that begins, "When President Obama first nominated Georgetown Law Professor Cornelia 'Nina' Pillard to the United States Court of Appeals for the District of Columbia Circuit, Republicans strenuously opposed her nomination."
Posted at 06:17 PM by Howard Bashman
"Chief Judge Alex Kozinski at NACDL; Chief Judge Alex Kozinski discussing fair evidence disclosure in criminal cases": C-SPAN has posted this video online today (via "Above the Law").
Posted at 05:42 PM by Howard Bashman
A blog post about blog posts: Readers, I feel your pain. For many of you, this blog has been loading more slowly. At times, refreshing this blog may tie up your browser with an unresponsive script; yes, I have experienced that too, maybe even more often than you have.
Here is the game plan: first, I have reduced the size of this blog's home page from 10 days of posts to five days of posts, thereby cutting in half the amount of text that must load when you hit refresh; second, if you receive an error message while trying to access this blog, please email it to me and I will have the tech people behind this blog's operation (yes, they exist!) seek to eliminate it; and third, sometime early in 2015 this blog will move to a new publishing platform that may result in faster access.
Dahlia Lithwick's on the radio: Yesterday's broadcast of The Majority Report with Sam Seder was titled "Dahlia Lithwick: What's Ruining the Supreme Court."
And the most recent installment of her Amicus podcast online at Slate was titled "Amicus: Jerusalem Born; Dahlia Lithwick talks with lawyer Alyza Lewin about Zivotofsky v. Kerry, which debates whether Congress or the President has ultimate authority over passports."
"Massive Failures of Justice: Why Texas is about to execute a profoundly mentally ill man." Boer Deng and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 03:08 PM by Howard Bashman
"The End of Immunity? Why Foreign Consular Employees Should be Worried." Online at Foreign Affairs, Rebecca M. Aragon and Jean M. Flannery have an article that begins, "In June of this year, the U.S. Supreme Court held that, despite the Foreign Sovereign Immunities Act (FSIA), investigators could conduct post-judgment discovery into the Republic of Argentina's assets outside the United States."
Posted at 03:00 PM by Howard Bashman
"Legal Panel At Federalist Society Begrudgingly Accepts Obama's Immigration Powers": Sam Stein of The Huffington Post has this report today.
And at ThinkProgress, Ian Millhiser has a post titled "The Roberts Court Has Already Said That Obama Has The Power To Issue His Immigration Order."
"Gallery: A look inside the 2014 Ames Moot Court Competition." Harvard Law Today has posted this photo gallery from yesterday's final round of the competition.
Posted at 02:54 PM by Howard Bashman
"Supreme Court eyed to halt Obama's immigration executive orders": The Washington Times has this report.
Posted at 01:34 PM by Howard Bashman
"Remembering Alice Lee: Alabama Supreme Court justice, former Circuit Court judge share thoughts on a 'dynamo.'" AL.com has this report.
Posted at 01:33 PM by Howard Bashman
"The Supreme Court Won't Be Getting Another Sotomayor Anytime Soon": Harry Enten has this post today at FiveThirtyEight.
Posted at 01:32 PM by Howard Bashman
"Ky. same-sex marriage may head to Supreme Court": The Courier-Journal of Louisville has this report.
Posted at 01:30 PM by Howard Bashman
"No ruling on motion to dismiss 'Under God' pledge lawsuit": NJ.com has this report.
"When judges say too much": Alison Frankel's "On the Case" from Thomson Reuters News & Insight had this report yesterday.
Posted at 11:44 AM by Howard Bashman
"The Supreme Court: Selective empathy." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 11:42 AM by Howard Bashman
"The Life and Death Stakes of Supreme Court Informal Practices": Michael Dorf had this post this past March at his blog, "Dorf on Law."
"Which Justices Are in Play in the New Obamacare Case?" Law professor Michael C. Dorf has this essay online today at Justia.com's Verdict.
Update: Also today, Dorf has a related post at his blog titled "Issue Voting Versus Outcome Voting in King v. Burwell."
"Kane says porn e-mails contained images of children": In today's edition of The Philadelphia Inquirer, Angela Couloumbis and Craig R. McCoy have an article that begins, "Pennsylvania Attorney General Kathleen G. Kane made a new accusation Tuesday in the pornographic e-mail scandal, saying the sexually explicit messages exchanged by state officials and employees sometimes contained images involving children."
And The Associated Press has an article headlined "Pennsylvania attorney general: Porn email had kids."
"Judge to hear lawsuit over Pledge of Allegiance": The Associated Press has this report from New Jersey.
Posted at 07:30 AM by Howard Bashman
Tuesday, November 18, 2014
"Libertarians and Conservatives Battle Over the Supreme Court: Holmes, Brandeis and Frankfurter -- the most overrated justices in our history -- had not the foggiest notions of the Constitution." In today's edition of The Wall Street Journal, law professor Michael Greve had this review of Damon Root's new book, "Overruled: The Long War for Control of the U.S. Supreme Court."
"The NFL Concussion Settlement: Class Action Exploitation." Law professor Howard Erichson has this post today at the "Mass Tort Litigation Blog."
Posted at 11:57 PM by Howard Bashman
"Prosecutor asks Pa. high court to reinstate Lynn conviction": The Philadelphia Inquirer has this news update.
"Lawyer who defended ex-Judge Thomas Porteous hired for Obama lawsuit, WSJ reports": Andy Grimm of The Times-Picayune of New Orleans has this report.
Posted at 10:32 PM by Howard Bashman
"Court bars state from curbing sex offenders' Internet privacy": Bob Egelko of The San Francisco Chronicle has this news update.
Maura Dolan of The Los Angeles Times has a news update headlined "9th Circuit says sex offender Internet rules violate free speech."
And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Sex Offender Free Speech Ruling Upheld."
"Srinivasan Tells Del. Audience of U.S. Supreme Court Experiences": Jeff Mordock will have this article in tomorrow's edition of Delaware Law Weekly.
"Gilbert religious sign fight headed for Supreme Court": Howard Fischer of The Arizona Capitol Times has this report today.
Posted at 09:37 PM by Howard Bashman
"Inverted equal protection: same-sex marriage at the Sixth Circuit (Part II, rational-basis review)." Dale Carpenter has this post today at "The Volokh Conspiracy."
Posted at 09:34 PM by Howard Bashman
"There Is No 'Glitch' in Obamacare: Liberals need to stop recycling a dangerous piece of conservative spin." Simon Lazarus has this essay online today at The New Republic.
Posted at 09:02 PM by Howard Bashman
"Fast-tracked bill would shield execution drug": The Associated Press has this report from Ohio.
Posted at 05:03 PM by Howard Bashman
Tony Mauro of The National Law Journal is reporting: He has an article headlined "Fresh Look At Cameras In High Court; Grassley urged to renew push for transparency" (free access via Google) and a Supreme Court Brief titled "Sotomayor Sees Return to Trial Courts After Retirement" (free access via Google).
Posted at 04:15 PM by Howard Bashman
"High-stakes suit pits ranchers against water-sampling greens": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:11 PM by Howard Bashman
"Turley Agrees to Serve as Lead Counsel for House of Representatives in Constitutional Challenge": Law professor Jonathan Turley has this post today at his blog.
In news coverage, Politico.com reports that "GOP hires legal scholar to oversee Obama lawsuit."
The Hill reports that "Boehner hires new lawyer for Obama suit."
WSJ.com's "Washington Wire" has a post titled "House Republicans Hire Jonathan Turley to Pursue Obama Lawsuit."
"California Can't Enforce Rules Tracking Sex Offenders Online": Karen Gullo of Bloomberg News has this report on the ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:20 PM by Howard Bashman
"U.S. court to rehear Africa 'conflict minerals' disclosure rule": Lawrence Hurley of Reuters has this report on an order granting panel rehearing that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:17 PM by Howard Bashman
"Hijinks in the Ninth Circuit Clerk's Office?" Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
"Appeal pending for Missouri man awaiting execution": The Associated Press has this report.
Posted at 11:48 AM by Howard Bashman
"Whether New Orleans's tour-guide licensing requirements violate the First Amendment." So asks a petition for writ of certiorari that the Institute for Justice filed today in the U.S. Supreme Court.
A related news release that the organization issued today can be accessed here.
"Sunnyvale gun law up in the air in federal appeals court": Howard Mintz of The San Jose Mercury News has this report.
And Courthouse News Service reports that "9th Circuit Hears Arguments on Ammo Law." (This article's identification of the judges on the oral argument panel seems a little creative, to say the least.)
"High court allows delta water contracts to be challenged": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 10:50 AM by Howard Bashman
"Nurses take Michigan gay marriage case to high court": This article appears in today's edition of The Detroit Free Press.
Today's edition of The Detroit News contains an article headlined "Michigan couple take gay marriage plea to high court."
"Key abortion lawsuit judge recuses himself": On Saturday, The Cincinnati Enquirer posted this article online.
Posted at 10:30 AM by Howard Bashman
"Certiorari Practices When Lower Federal Courts Hold State Laws Unconstitutional": Michael Dorf had this post yesterday at his "Dorf on Law" blog.
Posted at 10:27 AM by Howard Bashman
"There is no such thing as objective judging": Law professor Erwin Chemerinsky has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:25 AM by Howard Bashman
"Stephen Breyer and Elena Kagan on Being Jewish Justices": Religion & Ethics NewsWeekly has posted this video online at YouTube.
Posted at 10:20 AM by Howard Bashman
"Copyright for APIs is going to be a disaster and only the Supreme Court can stop it": Timothy B. Lee has this post today at Vox.com.
Posted at 10:16 AM by Howard Bashman
"Judge Pamela Harris and the Fourth Circuit's Collaborative Culture": Derek Stikeleather has this post today at the "Maryland Appellate Blog."
Posted at 10:15 AM by Howard Bashman
"Appeals court blocks LePage's MaineCare cuts for young people; The ruling preserves health coverage for about 6,000 of Maine's 19- and 20-year-olds, which costs the state roughly $4 million a year": Today's edition of The Portland Press Herald contains this report.
The Bangor Daily News reports that "Federal appeals court rejects LePage administration attempt to trim Medicaid rolls."
And Reuters reports that "U.S. court rejects Maine's effort to trim Medicaid rolls."
"Suit Alleges Race-Based Discrimination in Harvard Admissions Practices": This article appears in today's edition of The Harvard Crimson.
Posted at 08:20 AM by Howard Bashman
"Samuel Alito v. The Press": Ed O'Keefe of CNN.com has this interesting report.
Posted at 07:51 AM by Howard Bashman
Monday, November 17, 2014
"Guantanamo prosecutors: Prison needs female guards touching, moving ex-CIA captives." Carol Rosenberg of The Miami Herald has this report today.
Posted at 11:16 PM by Howard Bashman
"Is Texas Getting Ready to Kill An Innocent Man?" Jordan Smith has this article online today at The Intercept.
Posted at 11:11 PM by Howard Bashman
"'Grubergate' Is Giving the Supreme Court Cover to Destroy Obamacare": Brian Beutler has this essay online today at The New Republic.
Posted at 11:08 PM by Howard Bashman