How Appealing



Wednesday, January 4, 2012

“Does the First Amendment protect your right to speak for a living?” Clark Neily and Paul Sherman have this essay online at The National Law Journal.

Posted at 11:00 PM by Howard Bashman



“Judicial Qualifications Commission wants future jurisdiction for former Judge Paul Hawkes”: The Tampa Bay Times has a news update that begins, “On his way out the courthouse door Wednesday, 1st District Court Judge Paul Hawkes was told by the Judicial Qualifications Commission that they’ll be waiting if he ever tries to be a judge again.”

Posted at 10:52 PM by Howard Bashman



“Health-Law Opponents Try to Add Plaintiffs to Lawsuit”: In Thursday’s edition of The Wall Street Journal, Jess Bravin and Emily Maltby will have an article that begins, “A small-business group fighting President Barack Obama’s health-care law asked the Supreme Court on Wednesday to add two plaintiffs to its lawsuit after possible problems arose with an initial plaintiff.”

Posted at 10:48 PM by Howard Bashman



“Court records: Lethal injection drug was not for sale.” The Lincoln Journal Star has a news update that begins, “The lethal-injection drug that Nebraska recently bought was meant to be used for ‘test and evaluation’ purposes in Zambia only and was not supposed to be sold, according to documents filed Wednesday with the Nebraska Supreme Court.”

And The Omaha World-Herald has a news update headlined “Death-row inmate files motion with Neb. Supreme Court.”

Posted at 10:40 PM by Howard Bashman



“What is a recess? Constitution doesn’t specify.” The Associated Press has a report that begins, “The Constitution lets presidents make temporary appointments while the Senate is in recess but does not specify what a recess is or how long one must last before that power can be exercised.”

Posted at 5:35 PM by Howard Bashman



The electorate has spoken: The results of the online popularity contest that accompanied the “The 5th Annual ABA Journal Blawg 100” are now available online via this link.

Despite a complete absence of any campaigning, I’m pleased to report that “How Appealing” finished second in the voting in its newly assigned category — “Trial Practice” blogs. Perhaps next year the ABA Journal will see fit to provide appellate-related blogs with their own category for purposes of voting.

Posted at 2:07 PM by Howard Bashman



“Pfizer Must Pay $45 Million in Prempro Cases, Pennsylvania Court Rules”: Jef Feeley of Bloomberg News has this report.

My earlier post, which contains links to the appellate court’s rulings, can be accessed here.

Posted at 1:50 PM by Howard Bashman



“Western Populism and Corporate Electioneering: The Montana Supreme Court.” Richard Pildes has this post at the “Election Law Blog.”

Posted at 11:52 AM by Howard Bashman



“‘Citizens United’ Backlash: Montana Supreme Court Upholds State’s Corporate Campaign Spending Ban.” Mike Sacks of The Huffington Post has this report.

Posted at 11:33 AM by Howard Bashman



“AP sources: Obama bucks GOP, OKs consumer watchdog.” The Associated Press has a report that begins, “In a defiant display of executive power, President Barack Obama on Wednesday will buck GOP opposition and name Richard Cordray as the nation’s chief consumer watchdog even though the Senate contends the move is inappropriate, senior administration officials told The Associated Press.”

Politico.com reports that “W.H. attorneys clear Cordray nomination.”

At WSJ.com’s “Washington Wire” blog, Laura Meckler has a post titled “White House Concludes It Can Appoint Cordray.”

And Alexander Bolton of The Hill reports that “Obama under strong pressure to break precedent on recess appointments.”

Posted at 10:09 AM by Howard Bashman



“Montana Supreme Court upholds election spending limits; The high court upholds the state’s century-old corporate contribution limits, a rebuff of the U.S. Supreme Court decision that allowed businesses to spend as freely as individuals in campaigns”: The Los Angeles Times contains this article today.

And today’s edition of The Helena Independent Record contains an editorial entitled “High court stood up for disclosure.”

Posted at 8:35 AM by Howard Bashman



“Chevron Bid to Dismiss $18 Billion Judgment Rejected in Ecuador”: Bloomberg News has this report.

The Associated Press reports that “Ecuador court upholds ruling against Chevron.”

And Reuters reports that “Ecuador court upholds $18 bln ruling against Chevron.”

In somewhat related coverage, the January 9, 2012 issue of The New Yorker contains an article by Patrick Radden Keefe headlined “Reversal of Fortune: A crusading lawyer helped Ecuadorans secure a huge environmental judgment against Chevron; But did he go too far?” The full text of that article, however, is not yet freely available online.

Posted at 8:24 AM by Howard Bashman