How Appealing

Monday, April 29, 2013

"Handgun Sales Age Requirement Upheld by Appeals Court": Bloomberg News today has this article reporting on a revised opinion that the U.S. Court of Appeals for the Fifth Circuit issued today.

My earlier coverage of the court's original ruling can be accessed here.
Posted at 10:54 PM by Howard Bashman



"Wins and Losses in the Fight Against Tobacco": This editorial appears today in The New York Times.
Posted at 09:10 PM by Howard Bashman


"Justices Decline Appeal on 'Aversive Interventions'": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 08:52 PM by Howard Bashman


"As cyberthreats mount, hacker's conviction underscores criticism of government overreach": Jerry Markon will have this lengthy article in Tuesday's edition of The Washington Post.
Posted at 07:52 PM by Howard Bashman


"Obama's Judicial Nominees Blocked On All Sides By Senate Republicans": Jennifer Bendery of The Huffington Post has this report.
Posted at 07:02 PM by Howard Bashman


"Court appoints Jared Loughner's defense attorney for accused Boston bomber": Josh Gerstein of Politico.com has this blog post.
Posted at 05:46 PM by Howard Bashman


"Do Louisianans Have the Right to a Speedy Trial? The Supreme Court brushes away a man who waited seven years to get his case before a judge." Andrew Cohen has this essay online at The Atlantic.
Posted at 05:44 PM by Howard Bashman


In the May 2013 issue of ABA Journal magazine: Mark Walsh has an article headlined "Law prof Chemerinsky offers a syllabus on how the high court can polish its publicity."

Stephanie Francis Ward has an article headlined "Hacker's Hell: Many want to narrow the Computer Fraud and Abuse Act."

And Bryan A. Garner's "On Words" column is headlined "For the Word Lovers: A look at linguistic phenomena."
Posted at 05:36 PM by Howard Bashman



"The Delete Squad: Google, Twitter, Facebook and the new global battle over the future of free speech." Law professor Jeffrey Rosen will have this cover story in the May 13, 2013 issue of The New Republic.

And online at the magazine's web site, Marc Tracy has an article titled "Eulogy for the Blog: As the 'Times' moves to eliminate theirs, we should remember its golden age."
Posted at 05:30 PM by Howard Bashman



"Justice Breyer released from Washington hospital": The Associated Press has this report. He and his lengthy hypothetical questions are expected to make a full recovery.

And Lawrence Hurley of Reuters reports that "Justice Breyer released from hospital after bicycle fall."
Posted at 05:08 PM by Howard Bashman



"O'Connor Regrets Bush v. Gore": Andrew Rosenthal has this post today at the "Taking Note" blog of The New York Times.
Posted at 04:18 PM by Howard Bashman


"Justices Back State Restrictions on Information Requests": Adam Liptak will have this article Tuesday in The New York Times.

And Lawrence Hurley of Reuters reports that "Justices say states can limit access to public records."
Posted at 04:16 PM by Howard Bashman



"Tsarnaev: Right to Counsel, Not Miranda, Is the Key." bmaz has this post today at "emptywheel."
Posted at 01:44 PM by Howard Bashman


"Court to rule on deadly drugs": Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:42 PM by Howard Bashman


"When may a judge instruct jurors not to speculate?" So begins an opinion that Chief Judge Alex Kozinski issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:40 PM by Howard Bashman


"Professor judges high court's ways; Noah Feldman from Harvard puts Supreme Court's workings in focus in Max Rosenn Lecture": GOlackawanna.com has this report.

And speaking of lectures, on June 3, 2013 in Philadelphia, Seventh Circuit Judge Ilana Diamond Rovner will be delivering a lecture titled "A Conversation on Laws, Ethics and Lessons of Life" on the occasion of the 31st Annual Jewish Law Day. I am hoping to attend.
Posted at 01:35 PM by Howard Bashman



"Cruz Breaks With Senate Tradition While Criticizing Colleagues": Jonathan Weisman has this post today at "The Caucus" blog of The New York Times.
Posted at 01:27 PM by Howard Bashman


"YLW and ACS Present Judge Pat Wald '51 and Jodie Bernstein '51": Yale Law School has posted online the video of this event, at which Linda Greenhouse served as moderator.
Posted at 01:24 PM by Howard Bashman


"Guantanamo Hunger Strike: Military Reinforcements To Help Prevent Detainees From Starving Themselves." Ryan J. Reilly of The Huffington Post has this report.

Update: In other coverage, Carol Rosenberg of The Miami Herald reports that "More Navy medics arrive at Guantanamo to help out on forced feedings."

And today's broadcast of NPR's "The Diane Rehm Show" contained an audio segment titled "Hunger Strike At Guantanamo Prison" featuring, among other guests, Charlie Savage of The New York Times.
Posted at 01:22 PM by Howard Bashman



"Court says states can restrict access to public records; Justices rule unanimously that favoring state residents under the Freedom of Information Act is constitutional": Richard Wolf of USA Today has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Only one argument needed."
Posted at 01:18 PM by Howard Bashman



"Is 100 Years a Life Sentence? Opinions Are Divided." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:05 PM by Howard Bashman


"U.S. Supreme Court rejects Alabama request to consider key part of immigration law": Brian Lawson of The Huntsville Times has this report.

And at Politico.com, Tal Kopan has a blog post titled "Supreme Court rejects Alabama immigration case."
Posted at 12:58 PM by Howard Bashman



"She Works: The Only Woman in the Room." As part of a series titled "The Changing Lives Of Women," NPR provides Nina Totenberg's answer to the question "When have you been the only woman in the room?"
Posted at 12:55 PM by Howard Bashman


I am pleased to announce the latest "How Appealing" book give-away -- a copy of Marcia Coyle's new book, "The Roberts Court: The Struggle for the Constitution." Thank goodness for the power of suggestion. This post of mine from last Wednesday has resulted in an additional copy of Coyle's new book, which I'm sure many of this blog's visitors are looking forward to reading.

Coyle has covered the U.S. Supreme Court for 19 years and serves as chief Washington correspondent for The National Law Journal. She also regularly appears on the PBS NewsHour's coverage of the Court.

Although the book's official release date is May 7, 2013, I now possess an additional copy that I will give away to a reader of this blog. The rules remain the same as before:

(1) This offer is open only to individuals who have a mailing address in the United States; (2) You must send me an email explaining why you want the book; (3) The person whom I choose to receive the book will have the opportunity to email me a two-paragraph review of the book due not later than 30 days after receiving the book, which I may choose to publish at "How Appealing" together with the reviewer's name or (at a minimum) a description of the reviewer's relevant qualifications; and (4) The person whom I choose to receive the book will need to provide me with his or her name and mailing address, either in the original email or in response to my email advising that he or she has been selected to receive the book. This book has a hardcover list price of $28.00, and it will be mailed free of charge to the winner of this give-away.

Any reader who is interested in receiving this book should send me an email that arrives at my blog's email account (appellateblog@hotmail.com) between now and noon eastern time on Wednesday, May 1, 2013. The selection of a recipient will be within the sole discretion of this blog's author, and no appeals or original writs will be entertained.
Posted at 11:12 AM by Howard Bashman



Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today disposed of two argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in McBurney v. Young, No. 12-17. And Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.

2. And the Court issued an order dismissing the grant of certiorari as improvidently granted in Boyer v. Louisiana, No. 11-9953. Justice Alito issued a concurring opinion, in which Justices Antonin Scalia and Thomas joined. Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: State can block out of state use of FOIA" and "Justices dismiss La. case over trial delays."
Posted at 10:05 AM by Howard Bashman



"Scalia's limited understanding of the Voting Rights Act": Gary May has this essay online at The Washington Post.
Posted at 09:54 AM by Howard Bashman


"The New Deal Constitution at 75: Many happy returns?" The American Enterprise Institute for Public Policy Research has posted the video of this event, which occurred last Thursday, at this link.
Posted at 09:48 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: You can access the Order List at this link. The Court granted review in one new case.

In early news coverage, The Associated Press reports that "Court rejects Alabama appeal over immigration law."

Greg Stohr of Bloomberg News reports that "Alabama Rejected by U.S. Court On Immigrant-Harboring Law."

And Lawrence Hurley of Reuters reports that "Justices decline to review Alabama immigration law."
Posted at 09:33 AM by Howard Bashman



"'Public Safety Exception' Stretched in Bombing Case": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 09:25 AM by Howard Bashman


"Unequal protection: In the first of three pieces on race-based preferences around the world, we look at America's pending Supreme Court decisions on diversity at universities." This article appears in the April 27, 2013 issue of The Economist.

The magazine also contains an editorial titled "Time to scrap affirmative action: Governments should be colour-blind."
Posted at 08:09 AM by Howard Bashman







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