How Appealing

Monday, November 30, 2015

"When the mother is a soldier: Supreme Court needs to correct a 1950 ruling resulting in military gender discrimination." Tony Mauro has this essay online at USA Today.
Posted at 08:22 AM by Howard Bashman

"Scalia's Zingers Good Copy in Slow News Month": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 08:20 AM by Howard Bashman

"Argument preview: States' legal immunity at stake." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:17 AM by Howard Bashman

Sunday, November 29, 2015

"Supreme Court should learn from Prop. 209 mistake": The Fresno Bee has an editorial that begins, "It has been nearly 20 years since California voters banned affirmative action in college admissions. Campus diversity here has never recovered from the chain saw that was Proposition 209."
Posted at 10:30 PM by Howard Bashman

"Should state Supreme Court tell Klan to clean the road or hit the road?" Columnist Joe Hotchkiss of The Augusta (Ga.) Chronicle has this essay.
Posted at 10:28 PM by Howard Bashman

"Dickson reflects on judges, judging, growing up in Hobart": In today's edition of The Times of Munster, Indiana, Dan Carden has a front page article that begins, "Indiana Supreme Court Justice Brent Dickson, a Hobart native, announced Nov. 9 he will retire from the state's high court early next year, a few months before he otherwise would hit the mandatory retirement age of 75."
Posted at 10:24 PM by Howard Bashman

"The Execution of Joseph Wood: An execution of a man in Arizona with a new cocktail of drugs was supposed to take about 10 minutes; It took almost two hours, the longest execution in U.S. history." Bill Whitaker had this segment (transcript) on this evening's broadcast of the CBS News program "60 Minutes."

You can view the video of the segment by clicking here.
Posted at 09:26 PM by Howard Bashman

"Battling the modern American administrative state": In today's edition of The Washington Post, columnist George F. Will has an op-ed that begins, "As the administrative state distorts the United States' constitutional architecture, Clarence Thomas becomes America's indispensable constitutionalist."
Posted at 09:12 PM by Howard Bashman

"Turnover on state Supreme Court isn't expected to overturn rulings": The Post and Courier of Charleston, South Carolina has an article that begins, "The retirement of two South Carolina Supreme Court justices by the end of next year isn't expected to result in immediate or drastic changes in its rulings, primarily because of the importance of legal precedent."
Posted at 09:03 PM by Howard Bashman

"Abortion clinic owner mulls Supreme Court case impact": The Clarion-Ledger of Jackson, Mississippi has a news update that begins, "The fate of Mississippi's lone abortion provider hangs in the balance of the first Supreme Court case in decades to address restrictions on abortion clinics."
Posted at 09:00 PM by Howard Bashman

"Judge to hear Boston Marathon bomber's request for new trial": The Associated Press has this report.
Posted at 08:57 PM by Howard Bashman

"Stephen Breyer, Justice for the Global Age": Albert R. Hunt has this essay online today at Bloomberg View.
Posted at 08:54 PM by Howard Bashman

"Posner: The 14th Amendment is 'Old, Cryptic, or Vague.' But What About Article III?" Josh Blackman has this blog post today.
Posted at 08:12 PM by Howard Bashman

Saturday, November 28, 2015

Access online the contents of the November 2015 issue of The Yale Law Journal: Via this link.

The issue includes a book review written by Seventh Circuit Judge Richard A. Posner titled "Eighteen Years On: A Re-Review" (also available in HTML format), in which Judge Posner re-reviews law professor William N. Eskridge, Jr.'s 1996 book titled "The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment." Judge Posner's original review of the book, from 1997, can be accessed here.
Posted at 10:08 PM by Howard Bashman

"These 3 judges hold the fate of the Internet in their hands": Brian Fung had this post Tuesday at "The Switch" blog of The Washington Post.
Posted at 08:53 PM by Howard Bashman

"Supreme Court of Canada rules human smuggling laws unconstitutional": In today's edition of The Toronto Globe and Mail, Sean Fine has this article reporting on two rulings (access here and here) that the Supreme Court of Canada issued yesterday.

And in other coverage, Reuters has a report headlined "Canada's top court: some human smugglers can't be denied refugee status."
Posted at 03:48 PM by Howard Bashman

"Anti-apartheid hero urges Canada to rethink solitary confinement in prisons": Sean Fine has this article in today's edition of The Toronto Globe and Mail.
Posted at 03:28 PM by Howard Bashman

"In Scalia lecture, Kagan discusses statutory interpretation": Harvard Law Today has this report.

You can view the lecture, which was in fact a dialogue, on YouTube via this link.
Posted at 03:20 PM by Howard Bashman

"Supreme Court removes judge in Kane feud": In today's edition of The Philadelphia Inquirer, Chris Palmer has a front page article that begins, "The Pennsylvania Supreme Court has removed a senior judge who once presided over many of the state's biggest grand jury investigations, accusing him of judicial misconduct and abandoning his sense of objectivity during a feud with Attorney General Kathleen G. Kane."
Posted at 02:57 PM by Howard Bashman

"That was fast! When Howard Bashman (of our sister site How Appealing) talks, the U.S. Supreme Court listens." So wrote David Lat in his round-up of legal news and blog coverage yesterday evening at "Above the Law."
Posted at 02:53 PM by Howard Bashman

"Lawyers' Class-Action Payouts Face Court Challenge; Case in California would base attorneys' compensation on hours, not a percentage": Sara Randazzo has this article in today's edition of The Wall Street Journal about a case pending in the Supreme Court of California.

You can freely access the full text of the article via Google.
Posted at 02:40 PM by Howard Bashman

"Republicans are running against the Supreme Court. Will Democrats?" Irin Carmon of has this report.
Posted at 02:28 PM by Howard Bashman

"Supreme Court Justice Intervenes in Native Hawaiian Election": Adam Liptak has this article in today's edition of The New York Times.

The Associated Press reports that "Supreme Court justice blocks Native Hawaiian vote count."

And at "SCOTUSblog," Lyle Denniston has a post titled "Kennedy temporarily blocks Hawaii vote count."
Posted at 02:25 PM by Howard Bashman

Friday, November 27, 2015

"NSA to shut down bulk phone surveillance program by Sunday": Reuters has this report.
Posted at 08:07 PM by Howard Bashman

"Gay marriage is legal but not on tribal lands": The Associated Press has this report.
Posted at 08:05 PM by Howard Bashman

U.S. Supreme Court web site's home page now has a page title: The Court is hard at work today. Justices -- or at least one Justice -- are issuing orders (see, e.g., this one). At his "Election Law Blog," Rick Hasen discusses the order in a post titled "Breaking: Justice Kennedy Enjoins Counting of Ballots in Hawaii Election."

But, perhaps even more extraordinarily, the home page of the Court's web site now has a page title -- namely, "Home - Supreme Court of the United States." Yesterday evening at 10:45 p.m. eastern time, I published a post titled "Does it really require a 'How Appealing' post to convince the U.S. Supreme Court to implement a page title for its home page?"

I heartily praise the Court for fixing this oversight on its newly redesigned web site, and on the Friday after Thanksgiving no less!
Posted at 02:08 PM by Howard Bashman

"Black Tape at Harvard Law": Law professor Randall Kennedy has this op-ed in today's edition of The New York Times.
Posted at 02:01 PM by Howard Bashman

"How to Prosecute Abusive Prosecutors": Brandon Buskey has this op-ed in today's edition of The New York Times.
Posted at 02:00 PM by Howard Bashman

"Supreme Court judge could rule a 'cuckoo in the nest' topples ancient lineage; The decision would have 'startling consequences' for the British aristocracy": Lucy Clarke-Billings of The Telegraph (UK) has this report.

You can learn more about the case, which is now pending before the United Kingdom's Judicial Committee of the Privy Council, at this link.
Posted at 09:50 AM by Howard Bashman

"Texas immigrants rest case with Supreme Court": Richard Wolf of USA Today has this report.
Posted at 09:40 AM by Howard Bashman

Thursday, November 26, 2015

"The Supremes take up abortion rights, again; Supreme Court must not validate sham law designed to deprive women of safe, legal abortion": Nancy Northup has this op-ed online at USA Today.
Posted at 11:00 PM by Howard Bashman

Does it really require a "How Appealing" post to convince the U.S. Supreme Court to implement a page title for its home page? Some time ago, the U.S. Supreme Court redesigned its web site. Since then, however, the Court's home page has lacked a page title (the text that appears in your web browser tab at the very top of the page).

Instead, at present, the Court's home page title simply reiterates the web site's online address, beginning with the beloved "http" text (at least when using Firefox; other browsers may replicate the address differently in the page title, but none reveals an actual page title for the Court's home page). Other pages within the Court's web site, such as the current Term's orders page, do contain page titles (in this instance, "2015 Term Court Orders").

Because courts have generally exhibited amazing responsiveness in correcting flaws in their online information in response to "How Appealing" posts noting such flaws, I have decided to start the clock on this one at 10:45 p.m. eastern time on Thanksgiving night. Perhaps the Court's home page will sport a title as early as tomorrow, perhaps one won't appear until next week, or perhaps the Court has decided to keep its home page title-less into the foreseeable future.

Update: For what it's worth, the home pages of the Supreme Court of Canada and the Supreme Court of the United Kingdom both have page titles (the former is bilingual, of course).
Posted at 10:45 PM by Howard Bashman

"The Struggle for Justice on Tribal Lands": In yesterday's edition of The New York Times, Ned Blackhawk had this op-ed discussing the pending U.S. Supreme Court case captioned Dollar General v. Mississippi Band of Choctaw Indians.
Posted at 10:34 PM by Howard Bashman

"In Supreme Court case, university defends race-based policy giving middle-class minorities an edge": David G. Savage of The Los Angeles Times has this report.
Posted at 10:22 PM by Howard Bashman

"Sex After 50 at the Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 02:00 PM by Howard Bashman

Wednesday, November 25, 2015

"Why Texas Shouldn't Be Allowed To Run Out the Clock": Brianne Gorod has this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 12:14 PM by Howard Bashman

"Antonin Scalia, Bogeyman of the Liberal Imagination: The justice stars in Hollywood revenge fantasies." Christopher J. Scalia has this blog post online today at The Weekly Standard.

Next up, law professor Jane C. Ginsburg will be blogging about the incredible cuteness of Ruth Baby Ginsburg.
Posted at 11:46 AM by Howard Bashman

Just in time for the busiest holiday shopping day of the year: Subscribing to The Green Bag -- the only law review-type publication that I pay money to receive -- has just become more interesting, to say the least. Details can be found here and here.

You can choose to spend zillions on eBay to obtain a U.S. Supreme Court Justice bobblehead doll, or you can simply subscribe to The Green Bag and obtain them for no additional cost.*
*Terms and conditions may apply.
Posted at 09:54 AM by Howard Bashman

"Does the First Amendment Protect Professionals? The bizarre case law that upholds free speech courts like and bans speech they don't." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 09:36 AM by Howard Bashman

"Wisconsin's Abortion Law Is Unconstitutional: These are the greatest quotes from a ruling that slams the state for feigning an interest in women's health." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:35 AM by Howard Bashman

"The chief justice speaks: John Roberts reflects on leadership at the Supreme Court." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 09:32 AM by Howard Bashman

"In Texas, going the distance for an abortion": Richard Wolf of USA Today has this report.
Posted at 09:30 AM by Howard Bashman

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