How Appealing



Thursday, September 8, 2016

Programming note: I will be traveling during the day Friday to Albuquerque, New Mexico. As a result, additional posts will not appear here until Friday night.

In the interim, as is often the case while I am traveling, additional appellate-related retweets will appear on this blog’s Twitter feed.

Posted at 11:28 PM by Howard Bashman



“E&Y asks for SCOTUS review of employee class waivers, days after Epic petition”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 10:40 PM by Howard Bashman



“Constitution Check: Do online publishers have a right to gather news?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 3:25 PM by Howard Bashman



“Why is Judicial Biography So Hard To Write?” At the “Notice & Comment” blog of the Yale Journal on Regulation, Peter Conti-Brown has a post that begins, “I don’t envy the reading load that William Domnarski undertook on his way to writing his biography of Richard Posner.”

Posted at 3:22 PM by Howard Bashman



“How One of DC’s Most Powerful Judges Got Accused of Rape: Richard Roberts was the star prosecutor who helped lock up Marion Barry, then became DC’s chief federal judge; Now comes the revelation that Roberts slept with a 16-year-old witness in a career-making case 35 years ago; As his accuser doubles down, and an ethics probe plods on, here’s a look at how Roberts rose to the top in spite of his past.” Marisa M. Kashino of Washingtonian magazine has this article.

Posted at 1:45 PM by Howard Bashman



“Ginsburg suggests Senate should act on Garland nomination, but says it cannot be forced to”: Robert Barnes of The Washington Post has this report.

Posted at 8:00 AM by Howard Bashman



“Should ex-Philly cop suspected of sharing child porn be forced to divulge computer passwords?” In today’s edition of The Philadelphia Inquirer, Chris Palmer has a front page article that begins, “If police think someone has child pornography on his computer, should investigators be able to force him to provide his passwords — or would that violate his constitutional right against self-incrimination? That issue was at the heart of an appellate hearing Wednesday in federal court in Philadelphia in the case of Francis Rawls, a former Philadelphia police sergeant, who has not been charged with a crime but who has been in custody for nearly a year in contempt of court for failing to unlock his encrypted electronic devices.”

Once the U.S. Court of Appeals for the Third Circuit posts online the audio of yesterday’s oral argument, I will link to it.

Update: You can access the audio of yesterday’s Third Circuit oral argument via this link (24.2 MB mp3 audio file).

Posted at 7:50 AM by Howard Bashman