How Appealing

Wednesday, March 10, 2010

"Appeals court hears arguments on forest roads rule": The Associated Press has this report.
Posted at 04:22 PM by Howard Bashman


"Spouses have bathroom privacy rights, Minnesota appeals court says; Princeton man had no right to secretly videotape his wife": This article appears today in The Pioneer Press of St. Paul, Minnesota.

You can access yesterday's ruling of the Court of Appeals of Minnesota at this link.
Posted at 03:10 PM by Howard Bashman



Articles of interest available online from SSRN: Law professor Ross E. Davies has posted an article titled "The Last Word" that will appear in a forthcoming issue of the Journal of Appellate Practice and Process (via "Legal Theory Blog").

G. Mitu Gulati, David Klein, and David F. Levi have posted an article titled "Evaluating Judges and Judicial Institutions: Reorienting the Perspective" (via "Legal Theory Blog").

And David L. Noll has posted an article titled "The Indeterminacy of Iqbal" (via "Legal Theory Blog").
Posted at 02:04 PM by Howard Bashman



In federal court, must the party seeking a preliminary injunction establish a likelihood of success on the merits, or will it suffice to demonstrate a serious question going to the merits to make them a fair ground for trial, with a balance of hardships tipping decidedly in plaintiff's favor? In a ruling issued today, the U.S. Court of Appeals for the Second Circuit rejects the argument that recent U.S. Supreme Court precedent requires the party seeking a preliminary injunction to establish a likelihood of success on the merits.
Posted at 01:50 PM by Howard Bashman


"This case requires us to resolve an interesting and surprisingly unanswered question of First Amendment law: whether the constitutionality of a zoning ordinance should only be evaluated with regard to the 'alternative avenues of communication' it leaves open at the time it is passed, or also those it leaves open at the time it is challenged." So begins the adult entertainment zoning decision that the U.S. Court of Appeals for the Second Circuit issued today.

Senior Circuit Judge Guido Calabresi issued the opinion on behalf of a unanimous three-judge panel.
Posted at 01:45 PM by Howard Bashman



"SJC upholds trigger locks in Massachusetts": The Boston Globe has a news update that begins, "In a victory for law enforcement and gun control advocates, the state's high court today said state law requiring gun owners to use trigger locks on their weapons inside their homes passes constitutional muster."

And The Associated Press reports that "Mass. court upholds state gun-lock requirement."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 11:36 AM by Howard Bashman



Chief Justice John G. Roberts, Jr. reports the retirement from teaching of the law professor who reported Chief Justice Roberts's retirement last week: You can hear that just after the one-hour mark in the podcast (54.0MB mp3 audio file) of the Chief Justice's remarks yesterday at the University of Alabama School of Law in the question-and-answer session that followed the spring 2010 Albritton Lecture.

Earlier in that question-and-answer session, the Chief Justice explained the unsuccessful "eat a donut" approach he employed one year in selecting judicial law clerks.
Posted at 11:30 AM by Howard Bashman



"Attacks on Detainee Lawyers Split Conservatives": John Schwarts has this article today in The New York Times.
Posted at 10:12 AM by Howard Bashman


"Roberts chides Senate, Obama": Today's edition of The Tuscaloosa News contains an article that begins, "United States Chief Justice John Roberts was harshly critical of the U.S. Senate's confirmation process for federal judges Tuesday, calling it 'broken down.'"

The Crimson White reports today that "Chief justice speaks at UA."

David G. Savage of The Los Angeles Times reports that "Chief justice unsettled by Obama's criticism of Supreme Court; John G. Roberts Jr. tells law students that the president's rebuke of a ruling on corporate campaign funding and the subsequent cheering at the State of the Union address were 'very troubling.'"

Joan Biskupic of USA Today has an article headlined "Roberts: Presidential address is 'pep rally.'"

The Birmingham News reports that "U.S. Chief Justice John Roberts Jr. addresses University of Alabama law students."

And Bloomberg News reports that "Obama Aide Defends Reproof of U.S. Court After Roberts Comment."

Via the web site of the University of Alabama School of Law, you can download a podcast of the remarks of Chief Justice John G. Roberts, Jr. at the spring 2010 Albritton Lecture by clicking here (54.0MB mp3 audio file).
Posted at 08:30 AM by Howard Bashman



"Despite High Court Skepticism, Advocates Defend Privileges Clause Push": Tony Mauro of The National Law Journal has this report.
Posted at 08:20 AM by Howard Bashman






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