How Appealing

Wednesday, January 29, 2014

"Supreme Court lifts lower court stay of execution": The Associated Press has this report.
Posted at 10:43 PM by Howard Bashman

Law professor Rory Little interviews Solicitor General Donald B. Verrilli, Jr. You can view the video at this link, beginning at approximately the 30-minute mark (via Scott Graham).
Posted at 10:38 PM by Howard Bashman

"Defense in Loop bomb plot case to get secret terror court filings": The Chicago Tribune has this news update.

In Thursday's edition of The New York Times, Charlie Savage will have an article headlined "Warrantless Surveillance Challenged by Defendant."

Spencer Ackerman of The Guardian (UK) has an article headlined "Defence lawyers granted access to Fisa surveillance documents in terror case; Representatives for Adel Daoud allowed for the first time to view origins of evidence collected against him under surveillance law."

And The Associated Press has a report headlined "Judge: Defense in terror case can see secret docs."

You can access at this link today's ruling of the U.S. District Court for the Northern District of Illinois.
Posted at 10:28 PM by Howard Bashman

"Court fight stalling Mo. execution in final hours": The Associated Press has this report.
Posted at 10:18 PM by Howard Bashman

"Wash. to increase execution access": The Associated Press has this report.
Posted at 10:16 PM by Howard Bashman

"God vs. the Government: The Little Sisters case is not about a form; It's about who gets to decide what the form means." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:12 PM by Howard Bashman

"Supreme Court Ousts Attorney Who Sued to Oust Obama": Jess Bravin has this post at's "Law Blog."
Posted at 10:08 PM by Howard Bashman

"Strine confirmed as next chief justice of Delaware Supreme Court": The News Journal of Wilmington, Delaware has this news update.

Update: Tom Hals of Reuters reports that "Leo Strine confirmed as chief justice of Delaware's Supreme Court."
Posted at 07:21 PM by Howard Bashman

"US Supreme Court lifts stay of Missouri execution": The Associated Press has this report.
Posted at 05:58 PM by Howard Bashman

"Judge, 90: 'I Was Not Asleep.'" The afternoon, The New Haven Independent posted online a report that begins, "In a rare self-defense from the bench, a nonagenarian federal judge said she was merely 'bored,' not catching a few winks, while presiding over a New Haven trial involving the largest federal drug sweep in state history."

According to the article, "Judge Burns addressed the rumors from the bench. She said she wasn't sleeping, just taking notes." Last night, a photographer also captured Justice Ruth Bader Ginsburg taking notes during the State of the Union address.

Nearly two years ago, The New Haven Register published a profile of Senior U.S. District Judge Ellen Bree Burns headlined "Revered Judge Ellen Bree Burns, 88, still rules."
Posted at 05:55 PM by Howard Bashman

"Death penalty decision imminent in Boston bombing": Pete Yost of The Associated Press has this report.
Posted at 05:22 PM by Howard Bashman

"Hearing Offers Rare Peek at Guantanamo; Reporters, Advocates Observe Arguments on Whether a Detainee Can Return to Yemen": Jess Bravin has this article in today's edition of The Wall Street Journal.
Posted at 03:32 PM by Howard Bashman

"Obama wants to fix the patent system; Here's a crucial reform he overlooked": Timothy B. Lee has this entry, which is highly critical of the U.S. Court of Appeals for the Federal Circuit, online today at "The Switch" blog of The Washington Post.
Posted at 03:27 PM by Howard Bashman

"Same-sex marriage at the Supreme Court, again; The justices will probably have to face the issue again soon, and they should rule unequivocally that state bans violate the Constitution": This editorial appears today in The Los Angeles Times.
Posted at 03:22 PM by Howard Bashman

Hope to see you at the 2014 Third Circuit judicial conference: This year, the judicial conference of the U.S. Court of Appeals for the Third Circuit is taking place at the Hershey Lodge & Conference Center in Hershey, Pennsylvania from May 7 through 9, 2014 and is open to all lawyers. I have just booked my registration and lodging.

You can access the agenda at this link. Associate Justice Samuel A. Alito, Jr. is scheduled to speak at dinner on the first night of the event, and Solicitor General Donald B. Verrilli, Jr. is scheduled to speak at lunch on the second day.

It does not appear that the conference as of yet includes any formal law blog-related discussions, although a breakfast meeting on the second day of the event is titled "Ensuring Access to the Courts," with further details to be announced.
Posted at 03:06 PM by Howard Bashman

The ghost of Jimi Hendrix rocks the Ninth Circuit: Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued its ruling in Experience Hendrix, L.L.C. v.

Update: At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Jimi Hendrix Estate Wins Appeal Over Unlicensed Merchandise; The 9th Circuit reverses a decision that declared Washington's publicity rights law to be unconstitutional."
Posted at 02:08 PM by Howard Bashman

"Lavabit case highlights legal fuzziness around encryption rules": PC World has this report on an appeal argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.

Sometime soon, a link to the oral argument audio should be available from the Fourth Circuit via this link.
Posted at 02:00 PM by Howard Bashman

"Kansas Supreme Court hears case of Roeder, killer of abortion doctor George Tiller; Argument focuses on jury instructions in 2009 trial": The Topeka Capital-Journal has this news update.

The Wichita Eagle has a news update headlined "Kansas Supreme Court skeptical of Roeder defense in Tiller shooting."

And The Associated Press reports that "Kan. court skeptical of defense in Tiller shooting."

At some point next week, the audio from today's oral argument in the Supreme Court of Kansas should be available online via this link.
Posted at 01:55 PM by Howard Bashman

"Paying a price for child pornography: Should a man who bought two photos of a girl being raped a decade before be held responsible for paying her full restitution?" This editorial appears today in The Los Angeles Times.
Posted at 11:23 AM by Howard Bashman

"Ex-AIG CEO loses appeal of bailout lawsuit vs N.Y. Fed": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:20 AM by Howard Bashman

Ninth Circuit denies rehearing en banc of decision upholding California gay conversion therapy ban: Today, the original three-judge Ninth Circuit panel issued an amended opinion, which I have posted online at this link.

The amended opinion also includes an order denying rehearing en banc in these two related cases.

Circuit Judge Diarmuid F. O'Scannlain issued a dissent from the denial of rehearing en banc, in which two other judges joined. His dissent begins, "May the legislature avoid First Amendment judicial scrutiny by defining disfavored talk as 'conduct'? That is what these cases are really about."

My earlier coverage of the panel's original ruling can be accessed here.
Posted at 11:14 AM by Howard Bashman

"Kansas Supreme Court to hear Scott Roeder's appeal in abortion doctor George Tiller's death": The Associated Press has this report.
Posted at 09:35 AM by Howard Bashman

"Supreme Court Justice Temporarily Halts Execution Of Missouri Inmate": St. Louis Public Radio has this report.

And at's Verdict, law professor Michael C. Dorf has an essay titled "The Supreme Court's Responsibility for Recent Death Penalty Mishaps."
Posted at 09:34 AM by Howard Bashman

"6 nominees selected for Hawaii Supreme Court": The Associated Press has this report.
Posted at 09:30 AM by Howard Bashman

"Dee Farmer Won a Landmark Supreme Court Case on Inmate Rights; But that's Not the Half of It": Alison Flowers has this lengthy cover story in the current issue of The Village Voice.
Posted at 09:28 AM by Howard Bashman

"Welcome to Tennessee, where lawmakers are trying to kneecap judges; So much for checks and balances": Andrew Cohen has this essay online today at The Week.
Posted at 09:18 AM by Howard Bashman

"3rd Circuit chief judge satisfied with Cebull investigation": This front page article appears today in The Billings (Mont.) Gazette.
Posted at 09:16 AM by Howard Bashman

"Justices Have Spotty Attendance at State of the Union": Tony Mauro had this post last night at "The BLT: The Blog of Legal Times."

And last night at's "Washington Wire" blog, Jess Bravin had a post titled "Obama Delivers Subtle Messages to Justices."
Posted at 09:12 AM by Howard Bashman

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