How Appealing

Wednesday, November 22, 2017

"Top Ten Things I Am Thankful For On Thanksgiving": Senior U.S. District Judge Richard G. Kopf (D. Neb.) has this post at "Simple Justice." The post includes a shout-out to #AppellateTwitters, in a footnote no less.
Posted at 08:25 PM by Howard Bashman

"Conservatives have a breathtaking plan for Trump to pack the courts": Ronald A. Klain has this op-ed in today's edition of The Washington Post.
Posted at 08:07 PM by Howard Bashman

"Judges Over Principles: The never-Trump legal movement has morphed into a push to pack the courts with Trump-selected judges." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:02 PM by Howard Bashman

"Why the Law Might Not Allow the Senate to Expel Roy Moore": Stan Brand has this essay online at Politico Magazine.
Posted at 07:58 PM by Howard Bashman

"Why the Courts Will Have to Save Net Neutrality": Law professor Tim Wu has this essay online at The New York Times.
Posted at 07:56 PM by Howard Bashman

"Fighting Gay Rights and Abortion With the First Amendment": Jeremy W. Peters of The New York Times has this report.
Posted at 03:05 PM by Howard Bashman

"Against the positive law model in the Carpenter cell-site case": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 02:00 PM by Howard Bashman

"U.S. appeals court revives claims in $1.7 billion Iran terrorism lawsuit": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 01:48 PM by Howard Bashman

"Let's Settle the Legality of DACA Now; The Trump administration can bypass lower courts by asking the Supreme Court to hear an Arizona case": Law professor Josh Blackman has this essay online at National Review.
Posted at 01:35 PM by Howard Bashman

"Appeals court skeptical of privacy-focused suit against Trump voter fraud panel": Josh Gerstein of has this blog post about a case argued yesterday before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

You can access the oral argument audio via this link (28.6 MB mp3 audio file).
Posted at 01:30 PM by Howard Bashman

"Former UMKC lecturer sues over class cancellation; Henry Lyons claims he was improperly punished after calling attention to alleged academic irregularities involving an athlete at UMKC": Dave Helling of The Kansas City Star had this article back in July 2013.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued this decision ordering the dismissal of the lecturer's damages claims.
Posted at 01:12 PM by Howard Bashman

Majority on divided three-judge Second Circuit panel rules against Almighty Supreme Born Allah: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

In early news coverage, Jonathan Stempel of Reuters reports that "Award reversed for Connecticut inmate who challenged confinement."
Posted at 01:00 PM by Howard Bashman

Tuesday, November 21, 2017

"7th Circ. Denies EEOC Rehearing Bid In Autozone Bias Suit": Adam Lidgett of has a report (subscription required for full access) that begins, "A split Seventh Circuit rejected Tuesday the U.S. Equal Employment Opportunity Commission's request for a full court review of a June panel finding that AutoZone did not discriminate against a black employee by transferring him because of his race."

You can access today's order of the U.S. Court of Appeals for the Seventh Circuit denying rehearing en banc, and the dissent therefrom, at this link.
Posted at 09:57 PM by Howard Bashman

"Seek balance on polling place speech: Preserving free speech while protecting voters is a balance that deserves careful consideration." The Minneapolis Star Tribune has published this editorial.
Posted at 09:48 PM by Howard Bashman

"Federal court affirms deal for Gordie Howe Bridge": Michael Gerstein of The Detroit News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 09:44 PM by Howard Bashman

"Roy Moore misconduct, assault allegations continue to rile campaign": Brian Lyman of The Montgomery Advertiser has this report.

And Leada Gore of has reports headlined "Trump on Roy Moore: President indicates support for Moore, calls Democrat Doug Jones 'terrible'" and "Mitch McConnell, Roy Moore's favorite target, is Alabama native."
Posted at 07:50 PM by Howard Bashman

"The Supreme Court Is a Dangerous Conservative Obsession; The Courts are important, but cultural arguments have a larger impact": David French has this essay online at National Review.
Posted at 07:46 PM by Howard Bashman

"Patent 'Trolls' Recede as Threat to Innovation. Will Justices Change That?" Eduardo Porter has this post online at The New York Times.
Posted at 07:42 PM by Howard Bashman

"U.S. patent review board becomes conservative target": Jan Wolfe of Reuters has this report.
Posted at 01:25 PM by Howard Bashman

"Making the judiciary great again: Donald Trump's new contenders for the Supreme Court; The president's new list sends an unsubtle message to Justice Anthony Kennedy." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 01:22 PM by Howard Bashman

"Appeals Court Rules 'NBA 2K' Players Lack Standing to Sue Over Face-Scanning; The privacy battle isn't quite over, but suing gamers experience a setback at the 2nd Circuit": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:15 PM by Howard Bashman

"Carpenter v. United States and the positive law model": Will Baude has this post at "The Volokh Conspiracy."
Posted at 01:07 PM by Howard Bashman

"Judge Kim McLane Wardlaw Makes Her Mark": Ed Whelan has this post at National Review's "Bench Memos" blog.
Posted at 01:04 PM by Howard Bashman

"Justice Department investigating Harvard over its admission policies": Laura Krantz and Deirdre Fernandes of The Boston Globe have this report.

Susan Svrluga and Nick Anderson of The Washington Post report that "Justice Department investigating Harvard's affirmative-action policies."

Laura Jarrett of reports that "Justice Dept. investigating Harvard over affirmative action policies."

And Dominic Holden and Molly Hensley-Clancy of BuzzFeed News report that "The Justice Department Is Threatening To Sue Harvard To Get Its Admissions Records; The Trump administration is drilling down on affirmative action."
Posted at 12:54 PM by Howard Bashman

"Will the Supreme Court Kill The Death Penalty This Term?" Jordan S. Rubin of Bloomberg BNA has this report.
Posted at 12:46 PM by Howard Bashman

"The Sinister Influence of Charles Manson": Jeffrey Toobin has this post online at The New Yorker.

And in the November 27, 2017 issue of that magazine, Alec Wilkinson has an Annals of Crime article headlined "The Serial-Killer Detector: A former journalist, equipped with an algorithm and the largest collection of murder records in the country, finds patterns in crime."
Posted at 09:46 AM by Howard Bashman

"Don't believe Roy Moore's accusers? Then listen to Moore." Columnist Kyle Whitmire has this essay online at
Posted at 09:40 AM by Howard Bashman

"Trump administration asks SCOTUS to allow all of travel ban to go into effect pending appeal": Ariane de Vogue of has this report.

And Josh Gerstein of reports that "Trump administration takes travel ban back to Supreme Court; Justice Department asks to fully implement revised policy president issued in October."
Posted at 09:36 AM by Howard Bashman

"Mobile-Phone Case at U.S. Supreme Court to Test Privacy Protections": Greg Stohr of Bloomberg News has this report.
Posted at 09:34 AM by Howard Bashman

Monday, November 20, 2017

"Text and History Fed Soc Style": Eric Segall has this post at "Dorf on Law."
Posted at 10:22 PM by Howard Bashman

"Supreme Court Justice Stephen Breyer speaking at University of South Carolina's winter commencement": Andy Shain of The Post and Courier of Charleston, South Carolina has this report.
Posted at 09:58 PM by Howard Bashman

"NFL concussion case: Can MDL judges police plaintiffs' funding deals?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:50 PM by Howard Bashman

"Too much ado about Trump's 'outsourced' Supreme Court list": Michael McGough has this essay online at The Los Angeles Times.
Posted at 09:42 PM by Howard Bashman

"Gov. Scott asks for Justice Pariente recusal in judicial powers case": Gray Rohrer of The Orlando Sentinel has this report.

And Mary Ellen Klas of The Tampa Bay Times reports that "Gov. Scott asks Justice Pariente to recuse herself from appointment case; Governor argues Pariente can't be impartial."
Posted at 09:38 PM by Howard Bashman

"Every Other Terrible Thing About Roy Moore": Katherine Stewart has this essay online at The New York Times.
Posted at 09:06 PM by Howard Bashman

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