How Appealing

Wednesday, November 22, 2017

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

"Justice at Last for the Youngest Inmates?" The New York Times has published an editorial that begins, "How many times does the Supreme Court have to repeat itself before its message gets through? In the case of life-without-parole sentences for juveniles, the answer seems to be: at least one more time."
Posted at 08:40 PM by Howard Bashman

"Who's On the Case: Successful Cert Petitions 2017." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 05:52 PM by Howard Bashman

"Is Trump Restoring Separation of Powers? Several of his officials are working to contain the administrative state." Law professor Josh Blackman has this essay online at National Review.
Posted at 02:00 PM by Howard Bashman

"The Supreme Court sets a date for Georgia's water wars dispute": Greg Bluestein of The Atlanta Journal-Constitution has this report.
Posted at 01:50 PM by Howard Bashman

"Burlington lawyer joins U.S. Supreme Court Bar": The Times-News of Burlington, North Carolina has this report.
Posted at 01:48 PM by Howard Bashman

DRI's 2018 Appellate Advocacy seminar will take place on March 14-15, 2018 in Las Vegas: You can access additional details at this link.

According to an email that I received from one of the seminar's planners, "The 2018 seminar will include valuable insights into effective advocacy (including tips from Bryan Garner), and joint sessions with trial court practitioners. The seminar promises great networking opportunities with judges, appellate practitioners and trial advocates from across the country. The seminar coincides with the beginning of the NCAA men's basketball tournament, a great time to enjoy the excitement of Las Vegas."
Posted at 01:23 PM by Howard Bashman

"Republicans just eliminated blue slips for circuit nominees, and the Third Circuit is where that matters most": Matthew Stiegler has this post at his "CA3blog."
Posted at 01:18 PM by Howard Bashman

"Chief Justice Roberts returns to Harvard Law for the Ames Competition": Harvard Law Today has this report.

Harvard Law School has posted on YouTube at this link the final round of the 2017 Ames Moot Court Competition.
Posted at 01:14 PM by Howard Bashman

"After Eight Years On The Sidelines, This Conservative Group Is Primed To Reshape The Courts For Decades": Zoe Tillman of BuzzFeed News has this report.
Posted at 09:45 AM by Howard Bashman

"Serving Extra Years in Prison, and the Courthouse Doors Are Closed": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:42 AM by Howard Bashman

Sunday, November 19, 2017

"Roy Moore is not a pedophile": Professors Rachel Hope Cleves and Nicholas L. Syrett have this essay online at The Washington Post.
Posted at 10:45 PM by Howard Bashman

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