How Appealing



Wednesday, January 8, 2014

“Supreme Spin Cycle: Two cases test whether lower-court judges can ignore precedents.” This editorial will appear in Thursday’s edition of The Wall Street Journal.

You can freely access the full text of the editorial via Google.

Posted at 11:35 PM by Howard Bashman



“On Senate Blue-Slips, A Modest Proposal”: Andrew Cohen has this essay online today at the Brennan Center for Justice.

Posted at 5:46 PM by Howard Bashman



“Flurry of Legal Wrangling Follows Third Circuit’s Holding that GSK is Delaware Citizen for Diversity Purposes”: Today at the “Civil Procedure & Federal Courts Blog,” law professor Patricia W. Moore has a post that begins, “Back in June, we reported that the Third Circuit held that a ten-by-ten foot subleased office made Delaware the principal place of business of a GlaxoSmithKline holding company, and thus upheld diversity jurisdiction over a personal injury action.”

Posted at 5:16 PM by Howard Bashman



“The other shoe: Same-sex marriage in Utah.” A post today at the “Democracy in America” blog of The Economist begins, “Antonin Scalia pens his irascible, shoot-from-the-hip dissents ‘for law students,’ but apparently judges sometimes read them too.”

Posted at 4:28 PM by Howard Bashman



“New Delaware Supreme Court nominee Strine speaks! (Well, sort of).” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight today has this report, with an assist from Reuters correspondent Tom Hals.

Posted at 4:20 PM by Howard Bashman



“Sewell pushes for more black federal judges”: Mary Orndorff Troyan of The Montgomery (Ala.) Advertiser today has an article that begins, “Civil rights advocates are encouraging President Barack Obama to nominate an African-American to the 11th U.S. Circuit Court of Appeals, which would be a first from Alabama.”

Posted at 3:55 PM by Howard Bashman



“Forget the Framers: The Supreme Court should not rely on James Madison in deciding how much power the president has to make recess appointments.” Law professor Eric Posner has this essay online today at Slate.

Posted at 3:50 PM by Howard Bashman



“The Supreme Court and the Dragon: Like Smaug from The Hobbit, the Roberts Court is remote, protective, and prone to sudden displays of fierceness.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 2:54 PM by Howard Bashman



“Pennsylvania courts ban nepotism, judges serving on corporate boards”: The Morning Call of Allentown, Pennsylvania has a news update that begins, “Pennsylvania judges will be barred from serving on corporate boards under new rules announced by the state Supreme Court on Wednesday, part of an overhaul of the state’s dated judicial canons.”

You can access today’s order of the Supreme Court of Pennsylvania adopting a new Code of Judicial Conduct at this link.

Posted at 2:53 PM by Howard Bashman



“State recognition of same-sex marriage ‘on hold,’ governor’s office says”: The Deseret News has this update.

Brooke Adams and Matt Piper of The Salt Lake Tribune have a news update headlined “Utah puts hold on same-sex marriages that occurred before stay.”

Jack Healy of The New York Times has a news update headlined “Utah Governor’s Office Says State Won’t Recognize Same-Sex Marriages.”

And The Associated Press reports that “Supreme Court complicates gay marriages in Utah.”

Posted at 2:44 PM by Howard Bashman



Access online recent filings in connection with the petition for permission to appeal now pending in the U.S. Court of Appeals for the Third Circuit relating to the so-called “GSK venue question“: Yesterday, GSK electronically filed this opposition to the petition for permission to appeal.

And earlier today, on behalf of the plaintiffs/petitioners, I filed a motion for leave to file reply in support of petition for permission to appeal, which contains as an attachment the plaintiffs’ reply.

Posted at 2:33 PM by Howard Bashman



“Markell picks Strine for chief justice”: The News Journal of Wilmington, Delaware has an update that begins, “Gov. Jack Markell today announced the nomination of Chancellor Leo E. Strine Jr. to serve as chief justice of Delaware’s Supreme Court.”

And Reuters reports that “Outspoken Strine nominated to lead Delaware Supreme Court.”

The Governor of Delaware’s office issued a news release today titled “Governor Markell Nominates Leo E. Strine, Jr. for Chief Justice of Delaware Supreme Court.”

Posted at 2:10 PM by Howard Bashman



“On Thursday, the Virginia Supreme Court will hear oral arguments in the American Tradition Institute’s lawsuit seeking the private correspondence of climate scientist Michael Mann and dozens of other scientists.” So begins a post that Michael Halpern had yesterday at “The Equation” blog of the Union of Concerned Scientists.

Posted at 8:37 AM by Howard Bashman



“Halliburton alert! New briefs argue Congress never endorsed Basic.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 8:00 AM by Howard Bashman