How Appealing



Tuesday, May 29, 2012

“Colorado Supreme Court to hear oral arguments next week in Ward Churchill’s appeal; Justices to review whether fired CU-Boulder professor should get job back”: The Boulder Daily Camera has this news update.

Posted at 7:48 PM by Howard Bashman



“Circuit Declines En Banc Review of Amex Arbitration Ruling”: Mark Hamblett of the New York Law Journal has an article that begins, “The U.S. Court of Appeals for the Second Circuit will not rehear en banc a decision that holds a class action arbitration waiver provision between American Express and its merchants unenforceable as against public policy.”

You can access today’s order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, together with the concurrence and dissents therefrom, at this link.

Posted at 6:02 PM by Howard Bashman



“Supreme Court won’t review SPD use of Taser on pregnant woman; The U.S. Supreme Court won’t review the case of Malaika Brooks, who was seven months pregnant when she was repeatedly tased by Seattle police during a traffic stop in 2004”: The Seattle Times has this news update.

Warren Richey of The Christian Science Monitor has an article headlined “Was Taser use on pregnant woman excessive force? Supreme Court declines case; The Supreme Court refused the case of a pregnant woman who was ticketed for speeding in a school zone in Seattle; When she refused to get out of her car, police used a Taser to shock her three times.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Police power to use stun guns left unclear.”

Posted at 2:40 PM by Howard Bashman



“Move to Declassify FISA Court Rulings Yields No Results”: This post appears today at the “Secrecy News” blog.

Posted at 2:09 PM by Howard Bashman



“Appellate specialist takes seat on D.C. Court of Appeals”: Todd Ruger has this post today at “The BLT: The Blog of Legal Times.”

Posted at 12:03 PM by Howard Bashman



“Clash Over Town’s Ten Commandments Monument Highlights Division Over Standing”: Nicholas J. Wagoner has this post today at the “Circuit Splits” blog.

Posted at 10:45 AM by Howard Bashman



“Court Allows Suit Over School Gun Death to Proceed”: At the “School Law” blog of Education Week, Mark Walsh has a post that begins, “A ruling by Utah’s highest court will allow a lawsuit to go forward against a school district over the accidental gun death of a high school student.”

Posted at 10:44 AM by Howard Bashman



Access online today’s Order List and ruling in an argued case of the U.S. Supreme Court: You can access today’s Order List at this link. The Court today granted review in one case.

Justice Antonin Scalia delivered the opinion for a unanimous Court (with Justice Anthony M. Kennedy not participating) in RadLax Gateway Hotel, LLC v. Amalgamated Bank, No. 11-166. You can access the oral argument via this link.

Finally, the Supreme Court issued a summary, per curiam reversal in Coleman v. Johnson, No. 11-1053.

In early news coverage, The Associated Press has reports headlined “Court: Judges shouldn’t have overturned conviction“; “Court won’t review police use of stun guns“; “High court turns down former hostages in Iran“; and “Court won’t block suit in Minn. bridge collapse.”

Posted at 10:05 AM by Howard Bashman



“Orie Melvin should resign”: Today’s edition of The Scranton (Pa.) Times Tribune contains an editorial that begins, “Like any other citizen, Joan Orie Melvin is entitled to a constitutionally guaranteed presumption of innocence regarding criminal charges brought against her. But, as a Pennsylvania Supreme Court justice, Justice Orie Melvin is not like any other citizen.”

Posted at 9:30 AM by Howard Bashman



“Constitution Check: Do women have a constitutional right to serve in military combat?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 9:22 AM by Howard Bashman



“Overturning or Modifying ‘Grutter v. Bollinger?'” Richard Kahlenberg has this post today at the “Innovations” blog of The Chronicle of Higher Education.

Posted at 9:18 AM by Howard Bashman



“Top UK court to rule on Assange sex case extradition”: Reuters has a report that begins, “Britain’s Supreme Court will rule on Wednesday on whether to allow WikiLeaks founder Julian Assange’s extradition to Sweden over alleged sex crimes, the latest chapter in the saga of the self-styled Internet whistleblower and bane of Washington.”

Posted at 9:14 AM by Howard Bashman



“Grassley as a watchdog and as a scold”: Today’s edition of The Des Moines Register contains an editorial that begins, “Sen. Chuck Grassley, R-Ia., has gone after a San Francisco-based federal appeals court for a legal conference at a resort in Hawaii that could cost more than $1 million.”

Posted at 9:12 AM by Howard Bashman