How Appealing

Thursday, July 28, 2016

"Ohio Supreme Court throws out law barring police from sex acts with minors": Robert Higgs of The Cleveland Plain Dealer has this report.

Alan Johnson of The Columbus Dispatch has an article headlined "Supreme Court: Police can't be penalized more than public for crimes involving sex with minors."

And The Associated Press reports that "Court rejects Ohio law that bans police from sex with minors."

You can access today's 4-to-3 ruling of the Supreme Court of Ohio at this link.
Posted at 03:57 PM by Howard Bashman

"Justice Ruth Bader Ginsburg Presides Over Shylock's Appeal": Rachel Donadio has this article in today's edition of The New York Times.
Posted at 03:44 PM by Howard Bashman

Programming note: Thanks to an oral argument prep session, additional posts will appear here later this afternoon. As always while I am away from my office, new appellate-related retweets may appear on this blog's Twitter feed in the interim.
Posted at 09:37 AM by Howard Bashman

"Constitution Check: Does the First Amendment protect a wedding cake as an art form?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:34 AM by Howard Bashman

Wednesday, July 27, 2016

"Ruth Bader Ginsburg attends premiere of 'Merchant of Venice' in city's ghetto": The Jewish Telegraphic Agency has this report.
Posted at 03:38 PM by Howard Bashman

"CJ Roberts Congratulates Judge Boggs on his 30th Anniversary": Josh Blackman has this blog post today.
Posted at 03:33 PM by Howard Bashman

"A Belch in Gym Class. Then Handcuffs and a Lawsuit." Law professor Noah Feldman has this essay online today at Bloomberg VIew.
Posted at 03:30 PM by Howard Bashman

"The Three Shifts of Chief Justice John Roberts": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 03:28 PM by Howard Bashman

"Pa. high court agrees to hear challenge on ballot-question wording": Kathy Boccella of The Philadelphia Inquirer has an article that begins, "The lawsuit by two retired Supreme Court justice and a prominent Philadelphia attorney challenging the wording of this fall's referendum on the state's judicial retirement age took a major step forward Wednesday when the Supreme Court agreed to hear their case on an emergency basis."

You can view at this link today's order of the Supreme Court of Pennsylvania accepting jurisdiction over the case.
Posted at 02:54 PM by Howard Bashman

"Law Review Article Puts Respected Appeals Court Judge on Trial": Jacob Gershman has this post -- which links to one of my blog's "20 questions for the appellate judge" interviews -- at's "Law Blog."
Posted at 01:46 PM by Howard Bashman

"Verdict over Led Zeppelin's 'Stairway to Heaven' is appealed": Jonathan Stempel of Reuters has this report.
Posted at 01:32 PM by Howard Bashman

"Pa. Supreme Court rejects Philly D.A.'s appeal in church sex-abuse case": Joseph A. Slobodzian of The Philadelphia Inquirer has this report.
Posted at 01:04 PM by Howard Bashman

"Roy Moore says he did not order probate judges to ignore U.S. Supreme Court": Kent Faulk of The Birmingham News has this report.

And Kelsey Davis of The Montgomery Advertiser has an article headlined "Moore: Same-sex marriage order result of Justices' inaction."

You can access at this link yesterday's filing of the Chief Justice of Alabama in that state's Court of the Judiciary.
Posted at 11:42 AM by Howard Bashman

Welcome new "How Appealing" readers: Although nearly 99 percent of "How Appealing" readers who I meet on my various blog-related travels tell me that they have been reading this blog since shortly after its inception in May 2002, it appears that this blog's inclusion on's list (subscription required for full access) of the top-five must-read law blogs has produced some new visitors in recent days.

Indeed, one sure sign of that arrived yesterday when an administrative assistant at a Baltimore law firm sent me the email addresses of three lawyers at the law firm who wished to be added to this blog's mailing list. Many blogs have mailing lists, but "How Appealing" is not one of them.

Here's a guide for new (or not so new) visitors to this blog. In lieu of a mailing list, you can follow this blog on Twitter via this link. Thanks to all of this blog's new visitors in recent days who have already figured that out on their own.

This blog does not permit readers to append comments to posts, nor have comments ever been enabled at any point over this blog's long history. If you have a comment, question, correction, suggestion, link, resource, or other communication that you would like to send to the author of this blog -- meaning me -- you can reach me directly 24/7 at this blog's email address.

Lastly, you can access every single post that has ever appeared at "How Appealing" via this blog's archives at this link.
Posted at 11:28 AM by Howard Bashman

"Supreme Court Repeaters": Jason Iuliano and Ya Sheng Lin have posted this paper on SSRN.
Posted at 11:04 AM by Howard Bashman

"Va. transgender student's lawyers tell high court it need not take on bathroom case": Robert Barnes and Moriah Balingit have this article in today's edition of The Washington Post.

And David Ingram of Reuters reports that "Transgender student asks U.S. high court to keep out of bathroom case."

You can access yesterday's U.S. Supreme Court filing at this link.
Posted at 11:02 AM by Howard Bashman

"Professor Richard Schneider, law students join Justice Ruth Bader Ginsburg on July 27 in special 'Merchant of Venice' experience in Italy": Wake Forest University School of Law has posted online this news release.
Posted at 10:54 AM by Howard Bashman

"2016 Annual Supreme Court Round Up": The Federalist Society has posted this video featuring Miguel A. Estrada online at YouTube.
Posted at 10:50 AM by Howard Bashman

"Constitution Check: Will the Citizens United decision be overturned?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:45 AM by Howard Bashman

Tuesday, July 26, 2016

"GOP: Challenge to ballot question on judges' retirement age 'flawed.'" Kathy Boccella of The Philadelphia Inquirer has this report.

And this past Sunday's edition of The Philadelphia Inquirer contained an editorial titled "The misleading Pa. ballot question that shouldn't be asked" that begins, "The underhanded lengths taken to extend the tenure of Pennsylvania judges nearing mandatory retirement are yet another example of why distrust in government looms large in American politics today."
Posted at 11:42 PM by Howard Bashman

"FIU loses appeal in trademark lawsuit against Florida National University": The Miami Herald has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:20 PM by Howard Bashman

"State outlines evidence, witnesses in Markel case": Sean Rossman has this front page article in today's edition of The Tallahassee Democrat.
Posted at 10:52 PM by Howard Bashman

"New York State Makes It Legal to Cry in Your Funeral Pie": Sarah Maslin Nir will have this article in Wednesday's edition of The New York Times.
Posted at 10:42 PM by Howard Bashman

"'Rosetta Stone' Needed to Decode California's Supreme Court": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "It isn't often that Stephen Reinhardt, arguably the most liberal member of the federal bench, agrees with Jay Bybee, the judge who was head of former President George W. Bush's Office of Legal Counsel when the torture memos were produced."
Posted at 10:38 PM by Howard Bashman

"The Ghosts of Shelby County: Despite some recent wins, voting rights are still under siege." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 10:35 PM by Howard Bashman

"How to Libel a Porn Star": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:32 PM by Howard Bashman

"What Law Firms Can Learn From SCOTUSblog": Andrew Longstreth has this article online at Bloomberg Law.
Posted at 10:14 PM by Howard Bashman

Programming note: Additional posts will appear here tonight.
Posted at 10:40 AM by Howard Bashman

"Chevron Deference and the Proposed 'Separation of Powers Restoration Act of 2016': A Sign of the Times." Law professor Vikram David Amar has this essay today at's "Verdict."
Posted at 09:40 AM by Howard Bashman

"Scott Walker Just Put An Insane Person On His State's Supreme Court": Ian Millhiser has this post online at ThinkProgress.
Posted at 09:36 AM by Howard Bashman

"Court says Obamacare birth control option may violate Catholics' rights, even if they don't use it": Columnist Michael Hiltzik has this essay online at The Los Angeles Times.
Posted at 09:33 AM by Howard Bashman

"Federal judge from Palmer Township has died": Rudy Miller of The Express-Times of Easton, Pennsylvania has this report.
Posted at 09:26 AM by Howard Bashman

"Government's Privacy Rights Don't Exceed the Public's": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:23 AM by Howard Bashman

"Alameda County defends restrictions on gun-shop locations": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 09:22 AM by Howard Bashman

Monday, July 25, 2016

"If a seventh grader starts trading fake burps for laughs in gym class, what's a teacher to do?" So beings a dissenting opinion that Tenth Circuit Judge Neil M. Gorsuch issued today.
Posted at 11:07 PM by Howard Bashman

"State intends to fight new trial ruling for Adnan Syed of 'Serial'": Justin Fenton of The Baltimore Sun has this report.
Posted at 05:56 PM by Howard Bashman

"Ancient Treasures Shouldn't Be Compensation for Terror Victims": Law professor Noah Feldman has an essay online today at Bloomberg View that begins, "A federal appeals court has ruled that terrorism victims can't seize priceless Iranian artifacts held by the University of Chicago in fulfillment of a judgment against the Islamic Republic of Iran."
Posted at 05:46 PM by Howard Bashman

"Two judges, best friends, bonded by gift of life": Bill Glauber of The Milwaukee Journal Sentinel has this heartwarming report.
Posted at 05:32 PM by Howard Bashman

"'Activist judge' compares surrogacy to human trafficking": Daniel Bice has this front page article in today's edition of The Milwaukee Journal Sentinel.
Posted at 05:30 PM by Howard Bashman

"George Ryan lawyer blasts Easterbrook": Patricia Manson of the Chicago Daily Law Bulletin has this report today.

Law professor emeritus Albert W. Alschuler's article, described as a "Memoir," appears in the current issue of the Valparaiso University Law Review under the title "How Frank Easterbrook Kept George Ryan in Prison."
Posted at 05:22 PM by Howard Bashman

"The Top 5 Law Blogs All Lawyers Should Be Reading": Bryan Koenig of has an article (subscription required for full access) today that begins, "Attorneys everywhere are reading blogs for meaningful discussion on major events in their profession, and while exact interests vary by practice area, a number of blogs top the list of favorites for those looking to follow major happenings in the legal community."

I am honored to see that "How Appealing" appears in second place on this list of the top-five must-read law blogs.
Posted at 05:04 PM by Howard Bashman

In the August 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "Juror strikes in capital murder case were based on race, SCOTUS rules."

And Victor Li has an article headlined "50-year story of the Miranda warning has the twists of a cop show."

Thanks to the excess of link-worthy material that accompanied the end of the U.S. Supreme Court's most recent Term, I previously neglected to link to the contents of the July 2016 issue of the ABA Journal magazine.
Posted at 04:16 PM by Howard Bashman

"Longtime federal judge Franklin Van Antwerpen has died": Dan Sheehan of The Morning Call of Allentown, Pennsylvania has an article that begins, "Franklin Van Antwerpen of Palmer Township, a senior judge with the U.S. 3rd Circuit Court of Appeals, died Monday."
Posted at 04:10 PM by Howard Bashman

"Daily Mail Must Face Defamation Suit After Using Photo of Porn Star in HIV Story; The 9th Circuit Court of Appeals concludes that reasonable readers could have assumed that Danni Ashe had tested positive": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:18 PM by Howard Bashman

"[S]tate supreme courts have become, at least for the time being, the last safeguard of the United States Constitution in the vast majority of criminal cases": So writes Circuit Judge Stephen Reinhardt, concurring in a decision that the en banc U.S. Court of Appeals for the Ninth Circuit issued today in a post-AEDPA case.

A separate concurring opinion that Circuit Judge Jay S. Bybee issued in the same case is also worth a look.
Posted at 03:12 PM by Howard Bashman

"Slate's Dahlia Lithwick on What's Wrong (and Right) With the Media": Nick Tabor has this Daily Intelligencer interview online at New York magazine.
Posted at 02:26 PM by Howard Bashman

"There ought to be a law, but there isn't: Upskirting not a crime in Ga." Bill Rankin of The Atlanta Journal-Constitution has this report.

And The Associated Press reports that "Georgia appeals court says 'upskirting' not against the law."

You can access this month's 6-to-3 en banc ruling of the Court of Appeals of Georgia at this link.
Posted at 02:24 PM by Howard Bashman

"Justices Show How Disclosing Revisions Offers (Confers?) Benefits": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:30 AM by Howard Bashman

"The Supreme Court Smacked Down this Draconian Anti-Abortion Law, but Texas Has Other Plans; The war on women is far from over": Becca Andrews has this article online at Mother Jones.
Posted at 08:10 AM by Howard Bashman

"Property rights disputes might dominate docket": Robin Bravender of Greenwire has this report.
Posted at 08:02 AM by Howard Bashman

"Why Obama Has Failed to Close Guantanamo: Congress is blamed for preventing the President from fulfilling his pledge; But that's not the whole story." Connie Bruck has this article in the August 1, 2016 issue of The New Yorker.
Posted at 07:58 AM by Howard Bashman

Sunday, July 24, 2016

"Bringing in the Big Guns": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 10:58 PM by Howard Bashman

"For Prosser, long career overshadowed by one heated moment": The Associated Press has a report that begins, "David Prosser filled a lot of roles: prosecutor, legislator, state Supreme Court justice. But he's likely to be best remembered for getting into a physical altercation with another justice that brought national ridicule to Wisconsin's highest court."
Posted at 09:20 PM by Howard Bashman

"Seymour Abrahamson, husband of Supreme Court justice, studied radiation": The Milwaukee Journal Sentinel has published this obituary.
Posted at 09:18 PM by Howard Bashman

If you're an appellate lawyer, here's a good reason to visit Philadelphia in November when it's not 100 degrees outside: The Democratic National Convention gets underway in Philadelphia tomorrow afternoon, when the high temperature is projected to be 98 degrees.

In connection with this week's festivities, today's broadcast of the CBS News program "Sunday Morning" contained a segment titled "Philadelphians say: Love it or leave it."

I am a native of the Philadelphia area who frequently travels for speaking engagements and for work, and I regularly talk with people elsewhere who tell me they last visited Philadelphia many years ago. Since then, Philadelphia has become an even more amazing tourist destination, not only because of its historical offerings but also for its incredible restaurants, museums, educational offerings, varied neighborhoods, and cultural events.

This November, the Appellate Judges Education Institute will be hosting its annual summit in Philadelphia. The program for the 2016 AJEI Summit can be accessed here.

Headlining the program will be a conversation with U.S. Supreme Court Justice Elena Kagan.

Other federal and state appellate judges who will be participating in the programming as speakers or panelists include: Brent Benjamin, Consuelo Callahan; Mariano-Florentino Cuellar; Steven David; Barbara Jackson; Michael Keasler; Anne Lazarus; Thomas G. Saylor; D. Brooks Smith; N. Randy Smith; Jeffrey S. Sutton; and James Wynn Jr., just to name a few.

Additionally, the panelists on the "Supreme Court Preview" and the "Handling the Big Case" panels are outstanding. And I will be the moderator of a panel titled "Unreported Opinions; Declining News Coverage of Appellate Courts," which has its own excellent group of panelists.

The AJEI 2016 Summit will take place at the centrally located Loews Hotel in Philadelphia. Jeffrey Rosen, president of the National Constitution Center, will be the speaker at the Summit's first session, and the first night's welcoming event will take place at the Constitution Center.

I am hoping that many "How Appealing" readers will be able to attend this year's AJEI Summit in Philadelphia. If you are like me, it is far easier to block off on your calendar now the dates of the Summit -- from November 10 to 13, 2016 -- before work or other obligations inevitably intrude. Another reason to register now is that on Friday afternoon, November 11, 2016, a number of optional fun events around town with limited availability are offered for sign-up on a first-come, first-served basis, including a guided tour of Philadelphia's must-see, recently relocated cultural offering, The Barnes Foundation. In the past I have always signed-up to attend the Summit too late to obtain my first choice fun event, but not this year.

You can sign-up to attend the 2016 AJEI Summit in Philadelphia now via this link. I hope to see you there!
Posted at 04:55 PM by Howard Bashman

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Posted at 04:00 PM by Howard Bashman

"D.C. Circuit Review -- Reviewed: Resolved Redux." Aaron Nielson had this post yesterday at the "Notice & Comment" blog of the Yale Journal of Regulation.
Posted at 03:54 PM by Howard Bashman

"Supreme Court ruling denies second chance for inmates; PA Supreme Court: Inmates serving mandatory minimums can't retroactively challenge them." Riley Yates of The Morning Call of Allentown, Pennsylvania has this report.
Posted at 02:03 PM by Howard Bashman

"N.J. Supreme Court to decide if government metadata is public": Jan Hefler of The Philadelphia Inquirer has an article that begins, "The New Jersey Supreme Court has agreed to hear a case brought by an open-government activist who contends that the public should be allowed to view electronic data and metadata kept by local government agencies."
Posted at 01:50 PM by Howard Bashman

"Behind the Supreme Court's Abortion Decision, More Than a Decade of Privately Funded Research; Research funded by the Susan Thompson Buffett Foundation and others not only helped spur the nation's top court to strike down key parts of a Texas abortion law, but also has fueled a string of other changes making abortion more accessible": Nina Martin of ProPublica has this report.
Posted at 01:45 PM by Howard Bashman

"Colorado baker wants U.S. Supreme Court to hear gay wedding cake case; The Colorado Supreme Court decided last month not to hear the case": Yesenia Robles of The Denver Post has this report.

In addition, the newspaper has published an essay by Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood, Colorado, titled "Why I'm asking the U.S. Supreme Court to protect artistic freedom."
Posted at 01:40 PM by Howard Bashman

"Presidential Election Will Shape Supreme Court, and National Policies, for Years to Come; Evenly split bench is likely to shift with appointment of Scalia successor and two or more justices retiring": Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.
Posted at 01:34 PM by Howard Bashman

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