How Appealing


Tuesday, August 30, 2016

"The Court after Scalia: Standing at the crossroads on voting rights." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this post today at "SCOTUSblog."
Posted at 04:18 PM by Howard Bashman




"Court: Texas death row inmate may have faked mental illness." The Associated Press has this report on an unpublished per curiam opinion that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 01:38 PM by Howard Bashman




"Justice Department Gave Supreme Court Incorrect Data in Immigration Case; Department won the 2003 case after understating the time certain immigrants spend in detention without bail": Jess Bravin of The Wall Street Journal has this report.
Posted at 01:30 PM by Howard Bashman




"New York Court Expands Definition of Parenthood": Alan Feuer of The New York Times has this report.

And The Associated Press has a report headlined "Court: Gays can seek parental rights for nonbiological kids."

You can access today's ruling of the Court of Appeals of New York -- that state's highest court -- at this link.
Posted at 01:23 PM by Howard Bashman




"Constitution Check: Might the courts end the Senate impasse on Garland?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:14 PM by Howard Bashman




"Alleged al Qaeda bomber loses pretrial challenge": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Appeals court refuses to halt trial in USS Cole attack."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 12:56 PM by Howard Bashman




"Court lets suit against maker of blood thinner be tried in SF": Bob Egelko of The San Francisco Chronicle has an article that begins, "Heart patients who say the anticlotting drug Plavix has caused internal bleeding, heart attacks and even deaths can sue manufacturer Bristol-Myers in San Francisco, even though the company and most of the plaintiffs are based in other states, the California Supreme Court ruled Monday."

You can access yesterday's 4-to-3 ruling of the Supreme Court of California at this link.
Posted at 11:08 AM by Howard Bashman




"Court denies appeal in case about Native Hawaiian election": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 10:26 AM by Howard Bashman




"Applying Johnson, we join the increasing majority of our sister circuits in holding that the residual clause in [Sentencing Guidelines section] 4B1.2(a)(2) is unconstitutionally vague." So held a majority of the en banc U.S. Court of Appeals for the Seventh Circuit in a decision issued yesterday.
Posted at 10:18 AM by Howard Bashman




"The Honorable Merrick Garland addresses HLS Class of 2019": Harvard Law School has posted the video of this recent event on YouTube at this link.

And Peter DeMarco of the Harvard Gazette has a report on the event titled "The makings of Merrick Garland: Supreme Court nominee tells new law students it doesn't take wizardry to thrive, just 'good choices'"
Posted at 10:02 AM by Howard Bashman




"Founders Meet Brand X": David Feder has this post at the "Fed Soc Blog."
Posted at 09:54 AM by Howard Bashman




"Strange Goings On in 7th Circuit En Banc WI Voter ID Case: A 9th Vote Appears." Rick Hasen has this post at his "Election Law Blog."

You can view the amended en banc per curiam decision that the U.S. Court of Appeals for the Seventh Circuit issued yesterday at this link.
Posted at 09:48 AM by Howard Bashman




Monday, August 29, 2016

"Suit over AT&T iPhone data plans dismissed": Bob Egelko of The San Francisco Chronicle has this report.

Mike Snider of USA Today reports that "Federal court dismisses AT&T throttling case."

The Associated Press reports that "Court dismisses data speed reduction suit against AT&T."

And Reuters reports that "U.S. appeals court dismisses AT&T data throttling lawsuit."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:25 PM by Howard Bashman




"Court denies asylum to 28 detained Latin American mothers": The Associated Press has this report.

And at "Just Security," Steve Vladeck has a post titled "Third Circuit Holds Suspension Clause Does Not Apply to Non-Citizens Physically (But Not Lawfully) Present in the United States."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 08:36 PM by Howard Bashman




Programming note: After a thoroughly enjoyable if all-too-brief visit to Portland, Maine -- featuring back-to-back extra-inning Portland Sea Dogs games -- today my vacation week transitions closer to home.

This week, after watching the Philadelphia Phillies host the Washington Nationals joined by the same DC-based baseball superfan with whom I attended a Nationals game in DC last Wednesday evening, I will be heading to Margate, New Jersey for a few days.

Because I will be traveling for most of the day today, additional posts will appear here tonight. In the interim, additional appellate-related retweets may appear on this blog's Twitter feed.
Posted at 09:28 AM by Howard Bashman




"Reject ugly political attacks in Kansas and retain Supreme Court justices": The Kansas City Star has an editorial that begins, "A few days ago Kansas House Republicans called on voters to oust four of the five state Supreme Court justices standing for retention later this year."
Posted at 09:18 AM by Howard Bashman




"Selfies in voting booths: Depending on where you live, they may be illegal; A New Hampshire law says selfie ban is needed to curtail vote buying and coercion." David Kravets of Ars Technica has this report.
Posted at 09:14 AM by Howard Bashman




"A very different court": Law professor Erwin Chemerinsky has this analysis in the August 2016 issue of the California Bar Journal.
Posted at 09:12 AM by Howard Bashman




Sunday, August 28, 2016

"7th Circuit Refuses En Banc in Both WI Voter ID Cases; No More Changes Unless #SCOTUS Intervenes": Rick Hasen has this post at his "Election Law Blog."

Ariane de Vogue of CNN.com reports that "Court declines to hear appeal on Wisconsin voter ID law before election."

And Cristian Farias of The Huffington Post reports that "Wisconsin Gets To Enforce Restrictive Voter ID Law, With One Big Twist; An appeals court rejected a softening device that would've made it easier for people without a voter card."

You can access Friday's en banc per curiam opinion of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 09:12 PM by Howard Bashman




"U.S. Court Rules Infringement Suit by Trader Joe's Can Proceed Against Pirate Joe's": Kenneth R. Rosen of The New York Times has this report.

And The Associated Press reports that "Court sides with Trader Joe's in suit over alleged knockoff."

You can access Friday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:57 PM by Howard Bashman




"Reversal of death sentence reflects leftward tilt of California Supreme Court": Maura Dolan of The Los Angeles Times has this report on a 4-to-3 ruling that the Supreme Court of California issued on Monday.
Posted at 09:30 AM by Howard Bashman




"UR law professor on Gov. McAuliffe's intemperate attacks on the Supreme Court of Virginia": Law professor Kevin C. Walsh has this essay online at The Richmond Times-Dispatch.
Posted at 09:25 AM by Howard Bashman




"Google Asks Supreme Court to Hear Chrome Case Over Patent History": Jeff John Roberts of Fortune.com has this report.
Posted at 09:20 AM by Howard Bashman




Saturday, August 27, 2016

"Jaycee Dugard loses court case against federal parole officials": Maura Dolan of The Los Angeles Times has this report.

Malaika Fraley of The San Jose Mercury News has an article headlined "Jaycee Dugard can't sue federal parole officials, says court."

And Reuters has a report headlined "Woman kidnapped, held for 18 years cannot sue U.S. over parole failures: court."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:08 PM by Howard Bashman




"Beneath Louis Vuitton's inability to take a joke, a serious First Amendment question": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 04:56 PM by Howard Bashman




"Wal-Mart takes Texas to court to crack liquor-sales market": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued on Monday.
Posted at 04:18 PM by Howard Bashman




"Using a false Social Security number is a crime -- but is it a crime 'of moral turpitude'?" Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 09:50 AM by Howard Bashman




"Court says it's OK for city to use GPS to track taxi drivers": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 09:45 AM by Howard Bashman




"University of Chicago Strikes Back Against Campus Political Correctness": Richard Perez-Pena, Mitch Smith, and Stephanie Saul have this front page article in today's edition of The New York Times.
Posted at 09:40 AM by Howard Bashman




"Porngate report delayed amid protest from email senders": Craig R. McCoy and Angela Couloumbis have this article in today's edition of The Philadelphia Inquirer.
Posted at 09:37 AM by Howard Bashman




"This New Mexico lawyer is suing the Senate to force action on Merrick Garland": Mike DeBonis of The Washington Post has this report.

And ABCNews.com has posted online a video segment titled "President Obama Not Throwing In Towel for Merrick Garland's Supreme Court Nomination."
Posted at 09:34 AM by Howard Bashman




"Wendi Adelson: Brother joked about hiring hitman." Karl Etters has this front page article in today's edition of The Tallahassee Democrat.

And ABCNews.com has posted online a report (with accompanying video) titled "Police Video Shows Woman Hearing About Shooting Death of Her Ex, an FSU Law Professor."
Posted at 09:28 AM by Howard Bashman




Friday, August 26, 2016

"Garland tells law students that careers can be unpredictable": The Associated Press has this report.

Earlier, Harvard Law Today had a report titled "The Honorable Merrick Garland '77 addresses HLS Class of 2019." As noted in that report, Harvard live-streamed D.C. Circuit Chief Judge Merrick B. Garland's remarks today, so perhaps archived video of his remarks will become available online soon.
Posted at 10:00 PM by Howard Bashman




Greetings from Portland, Maine: Where it is currently sunny and warm, and fortunately the weather appears favorable for the entire weekend. Thanks to those readers sent along unsolicited suggestions of fun things to do and places to eat. They are very much appreciated!

Here's something I didn't know until today -- you can eat at a pizza restaurant in South Portland, Maine that's located on John Roberts Road. To be clear, I haven't eaten there yet, although one reader did recommend the restaurant (which has several locations around town) for its fine pizza.
Posted at 06:08 PM by Howard Bashman




"Obama's judges leave liberal imprint on U.S. law": Lawrence Hurley of Reuters has this report. Accompanying the article are a graphic titled "Circuit switches" and a factbox titled "Cases where Obama judges on appeals courts left a mark."
Posted at 06:00 PM by Howard Bashman







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