How Appealing



Wednesday, July 13, 2011

A clear case of cruel and unusual punishment: An unsolicited letter that I received today from an inmate confined at the Pennsylvania state correctional institution known as SCI Frackville concludes, “I know you are a very busy lawyer as I gleaned from your comments on C-Span on June 24, 2011 at the Fourth Circuit Court of Appeals conference.”

The correctional institution at which inmates are apparently being subjected to my recent C-SPAN appearance is just a bit north of Pottsville, Pennsylvania, where I lived from 1989 through 1991 while clerking for a judge serving on the U.S. Court of Appeals for the Third Circuit whose chambers were based in Pottsville.

Posted at 2:33 PM by Howard Bashman



“Appeals court overturns judge in eminent domain sign case”: The St. Louis Post-Dispatch has a news update that begins, “A federal appeals court on Wednesday reversed a lower court and ruled that a St. Louis man had the right to protest eminent domain with a mural on the side of an apartment building near Soulard.”

You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

Posted at 2:16 PM by Howard Bashman



“Tune in For Live Webcast of Supreme Court Term in Review at UC Irvine Featuring Chemerinsky, Eastman, Levenson, Lithwick and Savage”: Law professor Rick Hasen has this post at his “Election Law Blog.” Rick is serving as moderator of the event, which you can watch live, online via this link starting at 3 p.m. eastern time today.

Posted at 11:24 AM by Howard Bashman



“State Supreme Court justices rule not to force recusals”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “State Supreme Court justices can’t kick each other off cases for alleged bias, the court ruled Tuesday in a bitterly divided decision along now-familiar 4-3 lines.”

You can access yesterday’s ruling of the Supreme Court of Wisconsin at this link.

Posted at 8:52 AM by Howard Bashman



“Not Ready to Change Baseball History?” In today’s edition of The New York Times, Richard Sandomir has an article that begins, “‘The Curious Case of Curt Flood,’ a new HBO Sports documentary, raises a tantalizing question: what if Flood’s legal challenge to baseball’s reserve clause had had a better advocate before the United States Supreme Court than Arthur J. Goldberg, a former associate justice?”

Posted at 8:44 AM by Howard Bashman



“Prison doctor gets paid for doing little or nothing; A California surgeon has mostly been locked out of his job: on paid leave, fired or fighting his termination; When he does work, it’s reviewing records; He made $777,000 last year, including back pay.” This front page article appears today in The Los Angeles Times.

Posted at 8:42 AM by Howard Bashman



“Campus diversity challenges may send affirmative action back to high court”: This article appears today in The Washington Times.

Posted at 8:33 AM by Howard Bashman



“Court rules against lesbian ‘co-parent’ in custody fight”: This article appears today in The Cincinnati Enquirer.

The Columbus Dispatch reports today that “‘Co-parents’ need formal agreement, justices rule; Former partner of woman loses battle for shared custody of child.”

And The Associated Press reports that “Lesbian ‘co-parent’ loses bid for shared custody.”

You can access yesterday’s 4-3 ruling of the Supreme Court of Ohio at this link. In addition, the court’s public information office issued a news release headlined “Supreme Court Upholds Ruling That Child’s Mother Did Not Surrender Partial Custody to Same-Sex ‘Co-Parent.’

Posted at 8:27 AM by Howard Bashman