How Appealing


Wednesday, August 16, 2017

"How Roy Moore Won Alabama": Quin Hillyer has this essay online at The New York Times.
Posted at 08:40 PM by Howard Bashman




"Can Lower Courts Identify Scrivener's Errors on Remand in Higher Courts' Opinions? A Thought on Judge Posner in Sears." Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 05:26 PM by Howard Bashman




"3rd Circuit backtracks (a teeny bit) on ascertainability, adding to SCOTUS drama": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 04:58 PM by Howard Bashman




"U.S. court rules Arkansas can block Planned Parenthood funding": Nate Raymond of Reuters has this report.

And The Associated Press has a report headlined "Federal court: Arkansas can block Planned Parenthood money."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit -- in which all three judges on the panel wrote separately -- at this link.
Posted at 02:30 PM by Howard Bashman




Access Judge Thapar's first published Sixth Circuit opinion since he joined that court: Today, Circuit Judge Amul R. Thapar issued this published opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a case captioned Gerboc v. ContextLogic, Inc.

As some readers will know, Judge Thapar had previously been the author of published Sixth Circuit opinions, but those issued while he was sitting by designation in his former capacity as a federal district judge.
Posted at 02:16 PM by Howard Bashman




"We should join the Second, Sixth, Seventh, and Ninth Circuits in rejecting our added ascertainability requirement." So writes Senior Circuit Judge Julio M. Fuentes in an opinion concurring in the decision that a three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today in City Select Auto Sales Inc. v. BMW Bank of North America Inc.
Posted at 01:57 PM by Howard Bashman




"Swing time: Justice Kennedy will take centre stage during the Supreme Court's upcoming term; Disputes over gerrymandering, gay rights and Donald Trump's travel ban may hinge on his vote." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 01:44 PM by Howard Bashman




"NY Times must face defamation lawsuit over professor's slavery comments": Jonathan Stempel of Reuters has this report on a unanimous per curiam decision that a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 09:50 AM by Howard Bashman




Tuesday, August 15, 2017

"LinkedIn data-scraping case highlights calls for SCOTUS review of computer fraud law": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:58 PM by Howard Bashman




"Texas is Ground Zero as Trump steers the federal judiciary to the right; With 13 federal spots open, Trump set to impact legal climate": Kevin Diaz of The Houston Chronicle has this report.
Posted at 03:55 PM by Howard Bashman




"Lawsuit over false online data revived after U.S. top court review": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:40 PM by Howard Bashman




"Tech companies urge Supreme Court to boost cellphone privacy": Andrew Chung of Reuters has this report.
Posted at 01:18 PM by Howard Bashman




"We Have Every Free PACER Opinion on CourtListener.com": Free Law Project has this post.
Posted at 01:12 PM by Howard Bashman




"Showdown Coming over Antidiscrimination Law": Mark Pulliam has this post at the blog of the Library of Law and Liberty about the Second Circuit's decision to rehear en banc a case asking whether Title VII's prohibition on sex discrimination encompasses discrimination based on sexual orientation.

And at Fortune.com, law professor Andrew Koppelman recently had a related post titled "Why the Trump Administration Will Lose its Case Against Gay Rights."
Posted at 10:25 AM by Howard Bashman




"A Top Lawyer Asks Supreme Court To Hear A Major Death Penalty Case; In a new filing, Neal Katyal is asking the high court to consider Arizona's death penalty law -- and whether the death penalty itself is unconstitutional": Chris Geidner of BuzzFeed News has this report.
Posted at 10:18 AM by Howard Bashman




"Assessing the Path to Confirmation for Current and Future Trump Nominees to the Third Circuit": That was my proposed headline for this month's installment of my "Upon Further Review" column, which appears in today's print edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 10:05 AM by Howard Bashman




Monday, August 14, 2017

He is Groot, and he wins this appeal: Fans of the "Guardians of the Galaxy" movie franchise may be interested to learn that the U.S. Court of Appeals for the Seventh Circuit today issued a ruling in the case captioned Walker v. Groot.
Posted at 10:50 PM by Howard Bashman




"Sears, Whirlpool win fee reduction in washer lawsuit": Jonathan Stempel of Reuters has this report on a ruling that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 08:56 PM by Howard Bashman




"Supreme Court 2016 Term in Review: (Apparent) Mistake, Another Textualist Possibility Unexplored in SW General": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 02:40 PM by Howard Bashman




"Clashes over Title VII protection of sexual orientation make way toward Supreme Court": Alex Swoyer has this front page article in today's edition of The Washington Times.
Posted at 01:14 PM by Howard Bashman




"Women now hold the majority on the Utah Court of Appeals for the first time; But men still wear the majority of judicial robes": Pamela Manson has this front page article in today's edition of The Salt Lake Tribune.
Posted at 01:09 PM by Howard Bashman




"In Recess #3: 'Third Class Webelo.'" You can access today's new episode of the "First Mondays" podcast, featuring Dan Epps and guest host Leah Litman, via this link.
Posted at 01:00 PM by Howard Bashman




"The spurned couple, the baker and the long wait for the Supreme Court": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 12:56 PM by Howard Bashman




"New on This Fall's Law School Syllabus: Trump." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:54 PM by Howard Bashman




Sunday, August 13, 2017

"Spanking a child isn't abuse unless there's proof of harm, Utah Supreme Court says": Tiffany Frandsen of The Salt Lake Tribune has this report.

And Wendy Leonard of The Deseret News reports that "Spanking only abusive if there is proof of harm, Utah Supreme Court says."

You can access Wednesday's ruling of the Supreme Court of Utah at this link.
Posted at 10:09 PM by Howard Bashman




"Loud Voices From Below": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 08:50 PM by Howard Bashman




"Court Lets Stand $40 Million Award To Student Sickened After A Tick Bite While On School Trip": Edmund H. Mahony of The Hartford Courant has this report.

Friday's ruling of the Supreme Court of Connecticut consists of the opinion of the court and two concurring opinions (here and here).

The case was before Connecticut's highest court on certified question of the U.S. Court of Appeals for the Second Circuit. My coverage of the Second Circuit's earlier ruling in this case can be accessed here.
Posted at 10:12 AM by Howard Bashman




"Justice Dept. Doesn't Want AmEx Case to Go to Supreme Court": Liz Crampton of Bloomberg BNA has this report.
Posted at 10:00 AM by Howard Bashman




"Senator Grassley not expecting imminent Supreme Court vacancy": Richard Cowan of Reuters has this report.
Posted at 09:42 AM by Howard Bashman




Saturday, August 12, 2017

"22 states back bid to keep New Mexico 10 Commandments statue": Susan Montoya Bryan of The Associated Press has this report.
Posted at 08:54 PM by Howard Bashman




Friday, August 11, 2017

"Supreme Court president Lord Neuberger talks future plans, Brexit nerves and what the justices do for lunch": Katie King has this post at the "Legal Cheek" blog.
Posted at 01:42 PM by Howard Bashman




"Nebraska funeral picketing law upheld in appellate court": Lori Pilger of The Lincoln Journal Star has an article that begins, "Nebraska's funeral picketing law, which creates a city-block buffer around funerals, survived a challenge by a Kansas church known for anti-gay protests outside soldiers' funerals."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:18 PM by Howard Bashman




"Supreme Court 2016 Statutory Term in Review: Disregarding Legislative History's Textualist Uses in SW General." Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 12:50 PM by Howard Bashman




"Trump's judge picks snub Democrats; Democratic senators accuse the administration of not consulting them on lifetime appointments to the bench": Seung Min Kim of Politico.com has this report.
Posted at 12:12 PM by Howard Bashman




Thursday, August 10, 2017

"[Justice Blackmun] gruffly replied, 'You couldn't possibly know my greatest achievement.' Then he smiled and said, 'I can wiggle my ears,' and proceeded to do so, adding that 'it scores great points with the grandkids.'" So reports Bryan Marquard of The Boston Globe in an obituary headlined "Georgianna Nyman Aronson, at 86; captured Supreme Court justices in portraits."
Posted at 11:40 PM by Howard Bashman







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