How Appealing


Friday, November 28, 2014

"Obama Pushed 'Fullest Extent' of His Powers on Immigration Plan": Michael D. Shear and Julia Preston will have this article in Saturday's edition of The New York Times.
Posted at 09:48 PM by Howard Bashman




"America Tortured -- And We Need to Shed Some Light on It: Khalid Sheikh Mohammed's former lawyer speaks out." Jason D. Wright has this essay online at Politico Magazine.
Posted at 09:44 PM by Howard Bashman




"Hacker Lexicon: What Is the Computer Fraud and Abuse Act?" Kim Zetter has this post today at Wired.com's "Threat Level" blog.
Posted at 09:40 PM by Howard Bashman




"Ginsburg back at home, expected at court next week": Mark Sherman and Sam Hananel of The Associated Press have this report.
Posted at 08:52 AM by Howard Bashman




"Utah professor pushes for 'drone court' to approve U.S. strikes; University of Utah professor calls for a judicial review before the government targets a suspect": This front page article appears in today's edition of The Salt Lake Tribune.
Posted at 08:42 AM by Howard Bashman




"This judge is the reason we're still fighting over net neutrality: All roads seem to lead to David S. Tatel." Peter Weber of The Week has this report.
Posted at 08:33 AM by Howard Bashman




"The coming wave of anti-abortion laws: New GOP state legislatures will make access to abortion harder than ever." Paige Winfield Cunningham of Politico.com has this report today.
Posted at 08:27 AM by Howard Bashman




"New Supreme Court of Canada appointee Suzanne Cote has national profile, known for taking on big cases": Financial Post has this report.

Chris Hall of CBC News has a news analysis headlined "Suzanne Cote, Harper's Supreme Court pick, soothes a self-inflicted wound; PM clearly in fence-mending mode these days."

And in today's edition of The Toronto Globe and Mail, Irwin Cotler has an op-ed titled "The dismantling of Supreme Court reform."
Posted at 08:14 AM by Howard Bashman




"U.S. Supreme Court to hear Lehigh Valley Facebook threats case Monday": Peter Hall has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.

Online at Time magazine, Jack Linshi reports that "The Supreme Court Is About to Make a Big Decision About Facebook Free Speech."

And online at USA Today, Erik Nielson has an essay titled "Poetic (In)justice: The Supreme Court is finally getting schooled in hip-hop; Music is not a threat to safety."
Posted at 08:04 AM by Howard Bashman




"The Monitoring of Protests at the Supreme Court": Gabe Roth has this letter to the editor in today's edition of The New York Times.
Posted at 08:00 AM by Howard Bashman




"Judge on the Spot": Linda Greenhouse has this essay online at The New York Times.
Posted at 07:56 AM by Howard Bashman




Thursday, November 27, 2014

"Jerry Brown's judges, no experience necessary": Marshall Kilduff has this essay online at The San Francisco Chronicle.
Posted at 11:44 PM by Howard Bashman




"Harvard under fire: Does the university impose silent quotas against Asian-Americans?" The November 29, 2014 issue of The Economist magazine contains an article that begins, "In 1978 the Supreme Court, in the Bakke case, struck down racial quotas in higher education."
Posted at 11:42 PM by Howard Bashman




"Netflix, Facebook, Twitter Voice Support for Google in 'Innocence of Muslims' Case": Variety has this report.

You can access the amicus briefs filed in connection with the Ninth Circuit's upcoming rehearing en banc via this link.
Posted at 11:40 PM by Howard Bashman




"CV appeal granted in defamation case": The Citizen's Voice of Wilkes-Barre, Pennsylvania has this report.

And The Times Leader of Wilkes-Barre reports that "State Supreme Court to hear Citizen's Voice $3.5 million defamation case appeal."

You can access Tuesday's order granting allowance of appeal of the Supreme Court of Pennsylvania at this link.
Posted at 11:36 PM by Howard Bashman




"Should Tour Guides Be Licensed?" Newsweek has this report.
Posted at 11:27 PM by Howard Bashman




"Alleged Internet threats key in case before high court": Chris Mondics has this article in today's edition of The Philadelphia Inquirer.

And at The Verge, Sarah Jeong has an article headlined "The Supreme Court is about to tackle online threats for the first time; A case about violent Facebook posts could change how internet speech is prosecuted."
Posted at 11:18 PM by Howard Bashman




"Facebook Threats Go to High Court in Hip-Hop Free-Speech Case": David McLaughlin of Bloomberg News has this report.
Posted at 11:32 AM by Howard Bashman




"PM picks Quebec lawyer Suzanne Cote for Supreme Court seat": Sean Fine of The Toronto Globe and Mail has a news update that begins, "Prime Minister Stephen Harper named Suzanne Cote of Montreal to the Supreme Court of Canada today, raising the complement of women back to its high-water mark of four on the nine-member court."

The Ottawa Citizen has a news update headlined "Harper names Montreal lawyer to Supreme Court."

Reuters reports that "Quebec litigator to join Canada's top court."

The Canadian Press reports that "Quebec lawyer Suzanne Cote named to Supreme Court of Canada; Suzanne Cote is the first woman from private practice to be directly appointed to the Supreme Court."

CBC News reports that "Suzanne Cote, Quebec lawyer, named by Harper to Supreme Court; Justice Louis LeBel to retire Sunday, vacating seat for Harper's 7th appointment to top court."

Prime Minister of Canada Stephen Harper today issued a news release titled "PM announces the appointment of Ms. Suzanne Cote to the Supreme Court of Canada."

You can access the nominee's law firm biography at this link.
Posted at 11:30 AM by Howard Bashman




"Justice sent home after heart stent implanted": The Associated Press has this report.
Posted at 11:16 AM by Howard Bashman




Wednesday, November 26, 2014

"Texas appeals court judge calls for abolishing death penalty": Allan Turner of The Houston Chronicle has this report.

The Texas Tribune has an article headlined "Criminal Appeals Judge Price: I Oppose Death Penalty."

And Chris Geidner of BuzzFeed reports that "Republican Texas Criminal Appeals Judge Calls For End To Death Penalty."

You can access the dissenting statement issued today at this link.
Posted at 11:52 PM by Howard Bashman




"The Supreme Court's New EPA Case Has More to Do With Climate Change Than You Think": Rebecca Leber has this essay online at The New Republic.
Posted at 10:18 PM by Howard Bashman




"Judge puts Arizona 'revenge porn' law on hold": The Associated Press has this report.
Posted at 10:14 PM by Howard Bashman




"Obamacare Returns To SCOTUS: Will John Roberts Crush It This Time?" Sahil Kapur of TPM DC has this report.
Posted at 10:12 PM by Howard Bashman




"Kern chosen for South Dakota Supreme Court": Today's edition of The Rapid City Journal contains an article that begins, "For the first time in South Dakota's history, the state Supreme Court will have two women among the five justices, and one of the two will be a Rapid City resident, Circuit Judge Janine Kern."
Posted at 08:52 PM by Howard Bashman




"High court to hear S.F. appeal of ruling in police-shooting suit": Bob Egelko has this article in today's edition of The San Francisco Chronicle.
Posted at 08:45 PM by Howard Bashman




"'Notorious RBG' goes to the hospital; expect revived debate": Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:40 PM by Howard Bashman




"The Disgrace of Our Criminal Justice": Law professor David Cole has this book review in the December 4, 2014 issue of The New York Review of Books.
Posted at 06:05 PM by Howard Bashman




"Supreme Court faces a new frontier: Threats on Facebook." Richard Wolf of USA Today has this report.
Posted at 03:15 PM by Howard Bashman




"U.S. court rejects Motorola Mobility price-fixing appeal": Jonathan Stempel of Reuters has an article that begins, "A federal appeals court on Wednesday rejected Motorola Mobility LLC's attempt to hold several Asian suppliers liable under U.S. antitrust law for fixing prices of mobile phone displays sold to its foreign units."

Circuit Judge Richard A. Posner wrote today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.

My earlier coverage of this case (including discussion of Judge Posner's original, later-vacated, ruling on the merits) can be accessed here and here.
Posted at 01:50 PM by Howard Bashman




"Ginsburg has surgery for coronary blockage": Sam Hananel of The Associated Press has a report that begins, "Supreme Court Justice Ruth Bader Ginsburg has had surgery to place a stent in her right coronary artery."

Greg Stohr of Bloomberg News reports that "Justice Ruth Bader Ginsburg Has Stent Implanted, Supreme Court Says."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court Justice Ginsburg recovering after heart procedure."

Adam Liptak of The New York Times has a news update headlined "Justice Ginsburg Undergoes Heart Procedure."

Robert Barnes of The Washington Post has a news update headlined "Justice Ginsburg has cardiac stent implanted, expected to be in hospital 2 days."

The Los Angeles Times has a news update headlined "Justice Ruth Bader Ginsburg recovering after heart procedure."

Jess Bravin of The Wall Street Journal has a news update headlined "Justice Ginsburg Undergoes Heart Procedure to Treat Coronary Blockage; Supreme Court Says Ginsburg 'Resting Comfortably' at Washington-Area Hospital." You can freely access the full text of the article via Google.

Richard Wolf of USA Today reports that "Justice Ginsburg has stent implanted in heart."

The Washington Times reports that "Ruth Bader Ginsburg hospitalized for heart surgery."

And at "SCOTUSblog," Lyle Denniston has a post titled "Ginsburg has heart surgery."

The news release that the U.S. Supreme Court's public information office issued today can be accessed here.
Posted at 10:42 AM by Howard Bashman




"The Maverick -- A Biographical Sketch of Judge Richard Posner: Part II, The Will to Greatness." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:12 AM by Howard Bashman




Tuesday, November 25, 2014

The Ninth Circuit has posted numerous amicus briefs filed in connection with the rehearing en banc that will occur in Garcia v. Google, Inc. You can access the amicus briefs via this link.
Posted at 10:55 PM by Howard Bashman




"Supreme Court to Hear Challenge to Rules on Mercury From Power Plants": Adam Liptak and Coral Davenport will have this article in Wednesday's edition of The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court to hear challenge to EPA's power-plant emissions rule."

Richard Wolf and Maureen Groppe of USA Today report that "Supreme Court to review EPA mercury emission rules."

And in Wednesday's edition of The Wall Street Journal, Amy Harder and Brent Kendall will have an article headlined "Supreme Court to Review EPA Rule on Power Plant Emissions; Decision to Review Air Pollution Standards Represents a Setback for Obama Administration." You can freely access the full text of the article via Google.
Posted at 10:33 PM by Howard Bashman




In the December 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Court to weigh whether employers must accommodate pregnant workers with the same limits as others."

Stephanie Francis Ward has an article headlined "Prosecutors are using rap music to convince jurors of gang ties."

Elizabeth Earl has an article headlined "Law profs develop Supreme Court predictor to better understand court decisions."

The issue includes both the "8th Annual Blawg 100" and the "2014 Blawg 100 Hall of Fame."

And this month's installment of Bryan A. Garner's "On Words" column is titled "How are your punctuation skills? Try this comparison exercise to find out."
Posted at 10:22 PM by Howard Bashman




"4th Circuit makes new law: Remands based on fraud can be undone." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on an en banc ruling (containing a very interesting dissent) that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 04:37 PM by Howard Bashman




"SCOTUSblog on camera: Eric Schnapper (Part four)." At this link.
Posted at 04:26 PM by Howard Bashman




Access online today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases.

In early coverage, The Associated Press reports that "High court to review EPA mercury limits" and "Court to weigh impact of disability law on police."

Greg Stohr of Bloomberg News reports that "EPA's Power Plant Mercury Rule Gets Review by U.S. Supreme Court."

Lawrence Hurley of Reuters reports that "Supreme court to weigh challenge to Obama mercury air pollution rule" and "U.S. justices to consider police conduct in arrest of disabled woman."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on disability rights, mercury pollution."
Posted at 02:25 PM by Howard Bashman




"Split Third Circuit panel concludes Allenye error can be harmless": Douglas A. Berman had this post at his "Sentencing Law and Policy" back on September 9, 2014 reporting on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued on that date.

Today, the Third Circuit issued an order granting rehearing en banc in the case.
Posted at 01:15 PM by Howard Bashman




"Do Online Death Threats Count as Free Speech?" Emily Bazelon will have this essay in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 11:20 AM by Howard Bashman




"Atheist group loses lawsuit to ban Colorado Day of Prayer": The Washington Times has this report.

And The Associated Press reports that "Colorado Supreme Court upholds Day of Prayer proclamations, reversing appeals court ruling."

You can access yesterday's ruling of the Supreme Court of Colorado at this link.
Posted at 08:30 AM by Howard Bashman




"Recount confirms Beasley's win in NC Supreme Court race": This article appears in today's edition of The News & Observer of Raleigh, North Carolina.
Posted at 08:24 AM by Howard Bashman




"Kentucky Supreme Court Justice Will T. Scott says he may seek GOP nomination for governor": The Lexington Herald-Leader has this report.
Posted at 08:22 AM by Howard Bashman




"Devil's Advocates: Thanks to conservative Supreme Court rulings, the government must support the Church of the Flying Spaghetti Monster and the Satanic Temple." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:20 AM by Howard Bashman




Monday, November 24, 2014

"Is Harvard Unfair to Asian-Americans?" Yascha Mounk will have this op-ed in Tuesday's edition of The New York Times.
Posted at 11:58 PM by Howard Bashman




"David Lat's Supreme Ambitions": Ilya Somin has posted this book review online today at "The Volokh Conspiracy."
Posted at 10:56 PM by Howard Bashman




"Do we need the Supreme Court to sort out our 'Choose Life' dispute?" The News & Record of Greensboro, North Carolina today has a blog post that begins, "The legal dispute over North Carolina's 'Choose Life' specialty plate could be heard by the U.S. Supreme Court."
Posted at 10:54 PM by Howard Bashman




"Priests for Life Vow to Appeal Mandate Decision to U.S. Supreme Court; The government's 'opt-out' does not allow us to exercise our religious freedom": Fr. Frank Pavone has this essay online.
Posted at 10:50 PM by Howard Bashman




"HHS's Burwell: Obamacare challenge before Supreme Court won't succeed." Tom Howell Jr. of The Washington Times has this news update.
Posted at 10:34 PM by Howard Bashman




"The Supreme Court Justices All Went to the Same Ivy League Schools. So What?" Anthony Franze has this essay online today at The New Republic.
Posted at 10:32 PM by Howard Bashman




"Why Pacer should (and should not) be like Edgar": Brian Browdie has this report online today at Quartz.
Posted at 09:25 PM by Howard Bashman




"HLS Library Book Talk | Laurence Tribe: 'Uncertain Justice: The Roberts Court and the Constitution.'" Harvard Law School posted this video online today at YouTube.
Posted at 09:10 PM by Howard Bashman




"Obama Foes Need Laws or Impeachment in Immigration Fight": Bloomberg News has this report.
Posted at 06:05 PM by Howard Bashman




"Re: Hijinks in the Ninth Circuit Clerk's Office." Ed Whelan has this follow-up post today at the "Bench Memos" blog of National Review Online.
Posted at 06:02 PM by Howard Bashman




"Governor names top Obama administration lawyer to California Supreme Court": Howard Mintz of The San Jose Mercury News has an update that begins, "Defying convention again in his picks for the California Supreme Court, Gov. Jerry Brown has decided to name a top Obama administration lawyer to a vacancy that has been lingering since early this year."

Maura Dolan of The Los Angeles Times has a news update headlined "Brown to nominate African American woman to California Supreme Court."

The Sacramento Bee has a blog post titled "Jerry Brown names Obama administration lawyer to California Supreme Court."

Dan Levine of Reuters reports that "African-American prosecutor named to California Supreme Court."

Profiles of nominee Leondra Kruger appeared at both WSJ.com's "Law Blog" and "The BLT: The Blog of Legal Times" in August 2010 when she was named acting principal deputy solicitor general in the U.S. Department of Justice.

The official news release announcing the nomination that California's Governor's office issued today is titled "Governor Brown Selects Leondra R. Kruger for California Supreme Court."
Posted at 03:48 PM by Howard Bashman




"Justices of the PA & U.S. Supreme Courts: Losing Civility?" The episode of The American Law Journal television program that I taped several weeks ago will air on TV tonight and is now available online via YouTube at this link.

Among the guests interviewed in studio, in addition to me, were law professor Garrett Epps, journalist Gina Passarella, and attorney J. Freedley Hunsicker, Jr. Video featuring comments from additional noteworthy guests -- including Lynn Marks of Pennsylvanians for Modern Courts; law professor Kermit Roosevelt; and former U.S. District Judge Edward N. Cahn -- also appears during the broadcast.
Posted at 03:40 PM by Howard Bashman




"Ex-Steelers player eyes Pennsylvania high court": The Associated Press has this report.
Posted at 03:24 PM by Howard Bashman




Answer in opposition to Third Circuit rehearing petitions filed today: One of the tasks I perform least frequently as an appellate attorney is drafting and filing answers in opposition to rehearing petitions filed in federal appellate courts.

Today, however, I filed such an answer in opposition. It came in an appeal in which my client prevailed before a three-judge panel of the U.S. Court of Appeals for the Third Circuit on October 17, 2014 by a 2-to-1 vote.

You can access the panel's opinion at this link. You can access the two rehearing petitions the defendants filed here and here. You can access the order requesting a response, which issued two Thursdays ago when I was in Dallas, at this link. And you can access my client's answer in opposition, filed today, at this link.
Posted at 03:14 PM by Howard Bashman




"SCOTUSblog on camera: Eric Schnapper (Part three)." You can access the video online at this link.
Posted at 01:30 PM by Howard Bashman




"Women still have a long way to go in judiciary": Bob Egelko has this article in today's edition of The San Francisco Chronicle.
Posted at 01:28 PM by Howard Bashman




"Hacker threatens 'bombshell' after Ottawa city websites attacked": The Toronto Globe and Mail has a news update that begins, "A hacker who took down several official websites in Ottawa during the weekend, including those of the municipality, the local police and the Supreme Court of Canada, is threatening further actions Monday."
Posted at 01:24 PM by Howard Bashman




"New 10 Commandments monument being built after first monument smashed": The Associated Press has this report from Oklahoma City.
Posted at 01:22 PM by Howard Bashman




"Here Are All The Cases Of Sexual Harassment Thrown Out Because Of One Supreme Court Decision": Bryce Covert of ThinkProgress has this report today.
Posted at 01:15 PM by Howard Bashman




"In Justices' Calculations on Gay Marriage, a Legal Golden Ratio Looms": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:00 PM by Howard Bashman




"Dear Eleventh Circuit: Please don't 'football fire' Judge Mark Fuller, just fire him." Columnist Kyle Whitmire has this essay online at AL.com.
Posted at 10:48 AM by Howard Bashman




"The Maverick -- A Biographical Sketch of Judge Richard Posner: Part I." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:45 AM by Howard Bashman




"The Great Paper Caper: Someone swiped Justice Frankfurter's papers; What else has gone missing?" Jill Lepore has this article in the December 1, 2014 issue of The New Yorker.
Posted at 08:10 AM by Howard Bashman




"In Social-Media Era, When Is Free Speech Illegal? Top Court to Decide Whether Threats on Facebook Break Law." Jess Bravin has this article in today's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 08:00 AM by Howard Bashman




"In Partisan Washington, Health Law Faces Grave Legal Technicalities": John Harwood has this article in today's edition of The New York Times.
Posted at 07:54 AM by Howard Bashman




Sunday, November 23, 2014

"Class Action Rulings Fuel Court's Reputation; That's one factor the NLJ's Supreme Court team sees driving perception that Supreme Court favors business": Amanda Bronstad will have this article in tomorrow's edition of The National Law Journal.

You can freely access the full text of the article via Google.
Posted at 09:55 PM by Howard Bashman







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