How Appealing



Monday, March 30, 2015

“Supreme Court Leaves Intact New York’s Ban on Religious Services in Schools”: This article will appear in Tuesday’s edition of The New York Times.

Posted at 11:30 PM by Howard Bashman



“Supreme Court questions lifetime monitoring of sex offenders”: David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that “High court orders review of sex offender GPS monitoring.”

Michael Doyle of McClatchy Washington Bureau reports that “Supreme Court questions North Carolina sex offender law.”

Warren Richey of The Christian Science Monitor has an article headlined “GPS monitoring of sex offenders for life? Supreme Court reverses N.C. case.”

The News & Observer of Raleigh, North Carolina reports that “NC sex-offender monitoring’s constitutionality questioned by U.S. Supreme Court; Justices send issue back for further consideration by state’s highest court.”

David Kravets of Ars Technica reports that “Supreme Court questions involuntary human GPS monitoring; Justices order examination of constitutionality, justification for surveillance.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “A modest gain for electronic privacy.”

Posted at 11:24 PM by Howard Bashman



“U.S. Supreme Court to review Carr brothers, Gleason cases; Schmidt appealed Kansas decision overturning death sentences”: Jonathan Shorman of The Topeka Capital-Journal has this report.

Posted at 11:10 PM by Howard Bashman



“What Makes Indiana’s Religious-Freedom Law Different? The new statute’s defenders claim it simply mirrors existing federal rules, but it contains two provisions that put new obstacles in the path of equality.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 11:06 PM by Howard Bashman



“American flag case: U.S. Supreme Court ends Morgan Hill flap over shirts.” Howard Mintz of The San Jose Mercury News has this report.

Bob Egelko of The San Francisco Chronicle reports that “Supreme Court turns away Bay Area students’ free-speech case.”

David G. Savage of The Los Angeles Times reports that “Ruling on U.S. flag raises questions about students’ free-speech rights.”

And Warren Richey of The Christian Science Monitor has an article headlined “Does wearing American flag incite violence? Supreme Court lets stand ruling.”

Posted at 11:04 PM by Howard Bashman



“Bradley outpaces Daley in fundraising for Supreme Court race”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 10:55 PM by Howard Bashman



“4th Circ. Trims $4.6M Georgia-Pacific Trademark Award”: Kat Greene of Law360.com has this report (subscription required for full access) on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.

Carter G. Phillips argued the appeal on behalf of the defendant-appellant, while Miguel A. Estrada argued the appeal on behalf of the plaintiff-appellee. The appeal was argued in December 2014, and you can access the oral argument audio via this link (64.6 MB mp3 audio file).

Posted at 9:54 PM by Howard Bashman



“Former Burns Power Washing owner’s conviction upheld”: Patrick McNamara of The Arizona Daily Star has a news update that begins, “The conviction of a man who ignited a chemical bomb in an attack on a former customer has been upheld in the Ninth Circuit Court of Appeals.”

My earlier coverage of today’s Ninth Circuit ruling appears at this link.

Posted at 8:20 PM by Howard Bashman



“EXCLUSIVE: Judge Mark Fuller’s Attorney Says ‘Drunk’ Wife Kelli Faked Being Beaten on 911 Call; Barry Ragsdale says audible smacks likely ‘attempt by Kelli Fuller to imitate sounds of slapping’; Says she was ‘drunk’, ‘hysterical’…” Brad Friedman has this post today at “The Brad Blog.”

Posted at 1:55 PM by Howard Bashman



“Canada’s Hobby Lobby Moment?” John Boersma has this blog post today at the “Center for Law and Religion Forum” of St. John’s University School of Law.

Posted at 1:02 PM by Howard Bashman



“Superior Court to sit in city for 2-day session”: The Republican-Herald of Pottsville, Pennsylvania has an article that begins, “One of the busiest courts in the United States will be coming to Pottsville, as the Superior Court of Pennsylvania will hold a two-day special session April 14 and 15 in the Schuylkill County Courthouse.”

I lived in Pottsville for two years while serving as a law clerk to Third Circuit Judge William D. Hutchinson, whose chambers were based there.

Posted at 12:53 PM by Howard Bashman



Lawrence Hurley of Reuters is reporting: In coverage of today’s developments at the U.S. Supreme Court, he has articles headlined “U.S. Supreme Court revives sex offender’s ankle bracelet case“; “U.S. top court agrees to hear ‘Wichita Massacre’ appeals“; “U.S. justices to hear drunken driving victim’s medical expenses case“; “U.S. Supreme Court rejects Obamacare ‘death panel’ challenge“; “Supreme Court preserves New York ban on worship services in schools“; “U.S. top court rejects free speech appeal over Cinco de Mayo school dispute“; “U.S. justices rebuff lawsuit against banks over Madoff Ponzi scheme“; and “U.S. justices send ING securities case back to appeals court.”

Posted at 12:44 PM by Howard Bashman



“Prosecution rests case in Marathon bombing trial”: Patricia Wen, Kevin Cullen, Milton J. Valencia, John R. Ellement, and Martin Finucane of The Boston Globe have this news update.

Laurel J. Sweet of The Boston Herald has a news update headlined “Government rests its case in Tsarnaev trial.”

The Associated Press reports that “Prosecution rests its case against Boston Marathon bomber.”

And Reuters reports that “Defense moves into spotlight in Boston Marathon bombing trial.”

Posted at 12:34 PM by Howard Bashman



“The Influence of Immanuel Kant on Evidentiary Approaches in Eighteenth Century Bulgaria”: Law professor Orin S. Kerr has posted this paper online at SSRN.

Kerr’s paper fills a void in legal academic research that many have incorrectly assumed since June 2011 not to have existed.

Coincidentally, I was also a speaker at the very same Fourth Circuit judicial conference in June 2011, but for better or worse it appears that my remarks have yet to inspire any SSRN papers.

Posted at 9:52 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court today granted review in three new cases.

In addition, the Court issued per curiam decisions in Grady v. North Carolina, No. 14-593, and in Woods v. Donald, No. 14-618.

In early news coverage, The Associated Press reports that “Court says lawyer’s brief absence doesn’t merit a retrial“; “High court to hear Kansas plea to reinstate death sentences“; “High court sends back ruling on Virginia redistricting“; “High court rejects church appeal over use of public school“; “Justices reject appeal by US flag-wearing students“; and “Supreme Court won’t hear pastor’s appeal of abuse conviction.”

Posted at 9:33 AM by Howard Bashman