How Appealing

Thursday, September 14, 2017

"Here's what Supreme Court Justice Sonia Sotomayor had to say at Clemson": Georgie Silvarole of The Anderson (S.C.) Independent Mail has this report.
Posted at 11:58 PM by Howard Bashman


"'Think like a lawyer' US Supreme Court Justice Alito says at USC law school dedication": John Monk of The State of Columbia, South Carolina has this report.
Posted at 11:57 PM by Howard Bashman


"Advice for appellate lawyers doing their first Third Circuit case": Matthew Stiegler has this post at his "CA3blog."
Posted at 11:07 PM by Howard Bashman


"Child porn conviction upheld in youth sexting case": Jim Camden of The Spokesman-Review of Spokane, Washington has an article that begins, "A Spokane youth who texted a picture of his genitals to a woman can be convicted under the state laws against child pornography even though he is the child involved, the Washington Supreme Court said Thursday."

Rachel La Corte of The Associated Press has a report headlined "Court: Washington state teen who sent image committed crime."

And Cyrus Farivar of Ars Technica has an article headlined "Teen sends dick pic to 22-year-old woman, now he's a child pornographer; Washington Supreme Court: Child porn laws apply even if perp, victim are the same."

My earlier coverage of today's Washington State Supreme Court ruling can be accessed here.
Posted at 10:09 PM by Howard Bashman



"Supreme Court Term Preview: The American Constitution Society for Law and Policy hosted a discussion on the 2017-18 Supreme Court term." C-SPAN has posted online the video of this event from earlier today.
Posted at 10:02 PM by Howard Bashman


"After Justice Department yields, federal judge still not ready to toss Arpaio conviction": Megan Cassidy of The Arizona Republic has this report.

And Chris Geidner of BuzzFeed News reports that "Judge Questions If Court Can Toss Out Joe Arpaio's Conviction After Trump's Pardon."
Posted at 09:10 PM by Howard Bashman



"Judge Posner, Uncensored: 'I Don't Really Care What People Think'; The recently retired Richard Posner has lost none of his famous candor." David Lat has this post at "Above the Law." And Posner's newest book is now available for purchase.
Posted at 08:57 PM by Howard Bashman


"South Dakota tax law headed to Supreme Court": Jonathan Ellis and Dana Ferguson of The Argus Leader of Sioux Falls, South Dakota have an article that begins, "The South Dakota Supreme Court has ruled that the state cannot force out-of-state retailers to collect sales tax, setting up a possible appeal to the U.S. Supreme Court that will have national implications."

Jef Feeley of Bloomberg News reports that "Internet Tax Ruling Worth Billions Poised for Supreme Court Review."

The Associated Press reports that "South Dakota court rejects law aimed at online sales taxes."

And in commentary, online at Medium, law professor Daniel Hemel has a post titled "The Common Law and the Commerce Clause: There's a strong argument for overturning the Supreme Court's Quill precedent based on . . . Supreme Court precedent."

You can access yesterday's ruling of the Supreme Court of South Dakota at this link.
Posted at 08:45 PM by Howard Bashman



"A Federal Judge Was Ordered To Take A Mental Health Exam; He Refused -- And Is Suing Over It": Zoe Tillman of BuzzFeed News has this report.
Posted at 05:58 PM by Howard Bashman


"Trump Humiliated Jeff Sessions After Mueller Appointment": Michael S. Schmidt and Maggie Haberman of The New York Times have this report.
Posted at 05:54 PM by Howard Bashman


"Supreme Court by the Numbers: Kicking Off the 2017 Term." Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 05:50 PM by Howard Bashman


"Democrats Could Soon Lose Leverage In The Fight Over Trump's Judicial Nominees": Zoe Tillman of BuzzFeed News has this report.
Posted at 03:24 PM by Howard Bashman


"Figuring Out What Young Associates Want, Over 15 Coffees": Katelyn Polantz of The National Law Journal has an article that begins, "Sean Marotta put on Twitter an open offer to have coffee, thinking that one or two young lawyers in Washington, D.C., might have interest in meeting him, a seventh-year associate in Hogan Lovells' appellate practice."
Posted at 03:20 PM by Howard Bashman


"U.S. Supreme Court Justices Samuel Alito and Sonia Sotomayor speaking today in South Carolina": Andrew Brown and Jamie Lovegrove of The Post and Courier of Charleston, South Carolina have this report.
Posted at 02:14 PM by Howard Bashman


"Waymo Trade Secrets Trial to Proceed After Uber Loses Appeal": Susan Decker and Joel Rosenblatt of Bloomberg News have this report on two rulings (here and here) that the U.S. Court of Appeals for the Federal Circuit issued yesterday.
Posted at 02:10 PM by Howard Bashman


Judge Sutton on the Confrontation Clause tension between Craig and Crawford: Sixth Circuit Judge Jeffrey S. Sutton issued this important concurring opinion today.
Posted at 01:57 PM by Howard Bashman


Washington State Supreme Court rules 6-3 that minor may be convicted for disseminating sexually explicit image of himself: You can access today's ruling of the Supreme Court of Washington State at this link.
Posted at 01:50 PM by Howard Bashman


"Justice Souter's Common Law": Law professor Charles L. Barzun has posted this article on SSRN (via "Legal Theory Blog").
Posted at 01:42 PM by Howard Bashman


"Supreme Court Could Dismantle Popular Patent Challenge Next Term": Tony Dutra of Bloomberg BNA has this report.
Posted at 01:37 PM by Howard Bashman


"The Racist Map Wins: The Supreme Court's conservatives just ensured that Latino votes still won't count in Texas." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 01:34 PM by Howard Bashman


"Bakers Can Be Artists, But They Still Can't Discriminate; The Supreme Court should recognize that, however symbolic their products, Colorado businesses aren't allowed to be anti-gay": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:32 PM by Howard Bashman


"Edie Windsor Gave Me My Wife. And My Life." Rhea Butcher has this op-ed in today's edition of The New York Times.
Posted at 01:26 PM by Howard Bashman


Ramble on: Y. Peter Kang of Law360.com reports that "Pa. Court Tosses 'Excessively Rambling' Med Mal Appeal" (subscription required for full access).

You can access Tuesday's ruling of the Superior Court of Pennsylvania at this link.

Regardless of how rambling the brief turned out to be -- and it can be persuasively argued that any amount of rambling is too much where an appellate brief is concerned -- the brief's critical objective flaw, according to Tuesday's ruling, was that it was 4,548 words longer than the applicable 14,000-word limit for principal briefs in Pennsylvania state court appeals.
Posted at 11:44 AM by Howard Bashman



"10 Things You Need To Know About Blue Slips: Republicans repeatedly used the tradition to block President Obama's judicial nominees." Christopher Kang has this entry online at HuffPost.
Posted at 11:28 AM by Howard Bashman


Wax eloquently: Law professor Amy Wax discussed on two occasions (here and here) with Glenn Loury at bloggingheads.tv the controversial op-ed she recently co-authored.

You can access all of Wax's blogginghead.tv appearances via this link.
Posted at 10:58 AM by Howard Bashman



"Court reveals another overseas-data fight between Google and feds": Josh Gerstein of Politico.com has this blog post.
Posted at 10:48 AM by Howard Bashman


"When Junk Science About Sex Offenders Infects the Supreme Court": David Feige has this essay online at The New York Times.
Posted at 10:44 AM by Howard Bashman


"CEI Opposes PETA Monkey Business in Selfie Settlement": The Competitive Enterprise Institute issued this news release regarding a proposed amicus brief that the organization submitted yesterday to the U.S. Court of Appeals for the Ninth Circuit.

On Tuesday, I had this post collecting coverage of the settlement.
Posted at 10:28 AM by Howard Bashman



"An Old Supreme Court Dream": Linda Greenhouse has this essay online at The New York Times.

And in case you missed them, as I apparently did, in the second half of August, Greenhouse had essays titled "What We're in Danger of Losing" and "Eclipsing Dreams of Better Lives."
Posted at 08:52 AM by Howard Bashman







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