Wednesday, May 10, 2017
"West Virginia Supreme Court Rules Anti-Gay Assaults Are Not Hate Crimes": Mark Joseph Stern has this essay online at Slate about a 3-to-2 ruling (the dissenting opinion can be accessed here) that the Supreme Court of Appeals of West Virginia issued yesterday.
"Oregon's Supreme Court Will Be Majority Female For The 1st Time": Chris Lehman of Oregon Public Broadcasting has this report.
Posted at 10:56 PM by Howard Bashman
"Trump's Smart Outsourcing of Judicial Picks; Nominees for the appeals court bench are brilliant lawyers, who happen to be conservative": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:36 PM by Howard Bashman
"FTC lawsuit against AT&T over iPhone data speeds may be revived": Bob Egelko of The San Francisco Chronicle has this report.
Reuters has a report headlined "U.S. regulator's 'throttling' lawsuit against AT&T to be reheard: court."
And Jon Brodkin of Ars Technica reports that "AT&T could be punished for unlimited data throttling after all; Ajit Pai cheers court decision, says case to overturn Title II is strengthened."
You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link. And my earlier coverage of the now-vacated three-judge panel ruling can be accessed here and here.
In Wendi Adelson news from Miami: Patricia Mazzei of The Miami Herald has an article headlined "Miami billionaire plans political fund to defend unauthorized immigrants."
According to the article:
Fernandez has hired immigration attorney Wendi Adelson as the fund's executive director. Adelson is a former Florida State University immigration law professor who also directed FSU's Human Rights and Immigration Law Project. Her brother has been investigated, but not charged, in connection with a criminal investigation into the high-profile murder of her ex-husband, the late FSU law professor Daniel Markel. Adelson herself has not been accused of wrongdoing.
Posted at 09:18 PM by Howard Bashman
"Democrats Can't Stop Trump's Agenda; But They Can Block His Judicial Nominees; Get ready for a hugely consequential Senate fight over blue pieces of paper": Jennifer Bendery of HuffPost has this report.
According to the article, "Trump is close to nominating David Porter to the Third Circuit Court of Appeals, a source familiar with the nomination process told HuffPost." I got to know David during my time at Buchanan Ingersoll, and I most recently said hello to him last month at the Third Circuit's Judicial Conference in Lancaster a day or two after the dinner for all attendees, during which a U.S. District Judge based in Pittsburgh told me that David likely would be the next Third Circuit nominee.
"Belated congratulations, and thanks, to Howard Bashman (How Appealing) on his blog's 15th birthday": Eugene Volokh has this very kind post today at "The Volokh Conspiracy."
As Eugene knows, his blog -- which similarly just celebrated its 15th birthday last month -- inspired me to launch "How Appealing" and helped my blog gain a following right away by generously linking to some of my blog's early posts.
"Aaron Nielson, 'The Past and Future of Deference: From Justice Scalia to Justice Gorsuch.'" The University of Chicago Law School has posted the audio of this recent presentation on SoundCloud.
Posted at 03:44 PM by Howard Bashman
"The Only Constitutional Right That Matters: Conservative judges want to protect domestic abusers' right to bear arms; Why don't they care about protecting the right to vote?" Perry Grossman and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 03:36 PM by Howard Bashman
"Tymkovich Lecture: Civil Discourse Isn't Essential for Judicial Independence -- But it Still Matters." Alison Frost of the University of Chicago Law School has this report.
Posted at 03:33 PM by Howard Bashman
Access the contents of the May 2017 issue of the Harvard Law Review: Via this link.
Posted at 03:22 PM by Howard Bashman
"Death row inmate asks for hanging or firing squad; court says no": Bill Rankin of The Atlanta Journal-Constitution has this blog post.
And The Associated Press reports that "Court rejects inmate's claims for firing squad or hanging."
"Decisionmaking on Multimember Courts: The Assignment Power in the Circuits." Law professor Daniel J. Hemel (whose work I have been linking to since he was in college) and Kyle Rozema have posted this article on SSRN.
Posted at 03:07 PM by Howard Bashman
"Cotton prepared to toss Senate's 'blue slip' rule on judicial nominees": Seung Min Kim of Politico.com has this report.
In today's edition of The New York Times, Carl Hulse has a new installment of his "On Washington" column headlined "Senate Custom Could Trip Up G.O.P.'s March to Reshape Courts."
15 years of "How Appealing" -- reader mail: Thanks to all of the many readers of this blog who accepted my invitation to send me an email describing what "How Appealing" means to them, why they read this blog, what they like or dislike about it, or describing a moment in the history of this blog that was memorable for them.
As promised, today I begin posting those emails, one per day, until no more remain. The email I am posting today was received from Adam Liptak, who covers the U.S. Supreme Court for The New York Times:
I joined The New York Times's news staff in April of 2002 after 14 years of practicing law. I was now the paper's national legal reporter, and I was lost. I had no sources, few ideas and no way to feel confident I was not missing important legal developments around the country.Thanks so very much, Adam, for those very kind words. I will post another reader email tomorrow.
Posted at 02:11 PM by Howard Bashman
"Attorneys and Firms in the Supreme Court 2016": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 02:04 PM by Howard Bashman
"Ex-AIG CEO Greenberg loses appeal over 2008 bailout": Jonathan Stempel of Reuters has this report.
And Marcy Gordon of The Associated Press has a report headlined "US court: ex-AIG CEO hasn't right to challenge bailout."
"In Wisconsin, ID law proved insurmountable for many voters": Christina A. Cassidy and Ivan Moreno of The Associated Press have this report.
Posted at 01:42 PM by Howard Bashman
"Oregon may allow drivers to choose nonbinary, rather than male or female, for licenses": Casey Parks of The Oregonian has this report.
And Terray Sylvester of Reuters reports that "Oregon moves toward allowing third gender option on drivers' licenses."
"Yorie Kahl won't get a trial on his defamation lawsuit": The Associated Press has a report that begins, "A North Dakota man serving life in prison for the killing of two federal marshals outside Medina in 1983 won't get a trial on a defamation lawsuit he filed against a news agency."
"Another Addition to the Chevron Anticanon: Judge Kavanaugh on the 'Major Rules' Doctrine." Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 12:58 PM by Howard Bashman
"Anthony Kennedy's Choice: The Supreme Court's conservative swing vote faces a fateful decision." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:48 AM by Howard Bashman
"OT2016 #21: 'Good Snake.'" You can access this week's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
"How Trump Will Transform the Federal Courts: One young judge at a time." Law professor Micah Schwartzman and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 11:11 AM by Howard Bashman
"Judges Doubt Trump's Travel-Ban Motives": Amy Davidson has this post online at The New Yorker.
And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Trump Poisons His Own Laws: The latest oral arguments over the administration's travel ban show how the president's words and intentions taint his agenda and the lawyers who defend it."
"Former US Solicitor General Ian Gershengorn Re-Joins Jenner & Block as a Partner In Washington, DC": Jenner & Block recently issued this news release.
Posted at 11:02 AM by Howard Bashman
"Taking Down Terrorists in Court: Zainab Ahmad has prosecuted thirteen international terrorist suspects for the American government; She hasn't lost yet." William Finnegan has this Annals of Law article in the May 15, 2017 issue of The New Yorker.
Posted at 11:00 AM by Howard Bashman