How Appealing



Thursday, October 16, 2014

Programming note: On Friday morning, I will be attending an oral argument on post-trial motions in a case on which I am working. Additional posts will appear here on Friday afternoon.

Posted at 11:06 PM by Howard Bashman



“Will the Supremes Finally Rule? Another housing discrimination case is ripe.” Terry Eastland has this article in the October 27, 2014 issue of The Weekly Standard.

Posted at 10:52 PM by Howard Bashman



“Government’s stance on assisted-suicide runs into skepticism from Supreme Court”: In today’s edition of The Toronto Globe and Mail, Sean Fine has an article that begins, “The federal government defended the criminalizing of assisted suicide and said it sought to protect disabled people from a ‘prevalent bias’ that their lives have less value than those of other people, as it urged the Supreme Court to reject doctor-assisted death for the second time in 20 years.”

Posted at 10:46 PM by Howard Bashman



“11th Circ. Tosses $6M Engle Verdict Over Alcohol Evidence”: Law360.com has a report (subscription required for full access) that begins, “The Eleventh Circuit on Thursday overturned a nearly $6 million verdict against R.J. Reynolds Tobacco Co. in a case that was once part of the historic Engle class action, finding a trial judge improperly excluded key evidence about a deceased smoker’s alcohol use.”

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

Posted at 10:42 PM by Howard Bashman



“Marshall Islands nuke suit against U.S. gets Nobel winners’ support”: Bob Egelko of The San Francisco Chronicle has this blog post today.

Posted at 9:00 PM by Howard Bashman



In jurisprudence essays recently posted online at Slate: Today, Dahlia Lithwick has an essay titled “Injunction Junction: What is the Supreme Court thinking behind its unfathomable silence?

Yesterday, Mark Joseph Stern had an essay titled “Justice for Sale: The Supreme Court is poised to make judicial elections even more corrupt.”

And on Tuesday, Dahlia Lithwick had an essay titled “This Year’s Most Outrageous Anti-Abortion Strategy: Tennessee out-crazies all the other states with its proposed constitutional amendment.”

Posted at 5:50 PM by Howard Bashman



In papers of interest recently posted at SSRN: Law professor A. E. Dick Howard has posted online an article titled “The Changing Face of the Supreme Court” (via “Legal Theory Blog“).

Law professor Steven G. Calabresi has posted online a paper titled “Gay Marriage and the Fourteenth Amendment” (via “Legal Theory Blog“).

Law professor John E. Campbell has posted online an article titled “Unprotected Class: Five Years, Five Judges, and Wholesale Changes to Class Action Law” (via “Legal Theory Blog“).

Law professor Anil Kalhan has posted online an article titled “Stop and Frisk, Judicial Independence, and the Ironies of Improper Appearances” (via “Legal Theory Blog“).

Law professor Steven J. Willis and Hans G. Tanzler IV have posted online a paper titled “Obama Care Fails the Origination Clause: Why Sissel and Hotze Should Be Reversed” (via “Legal Theory Blog“).

Law professor Jason Mazzone has posted online a paper titled “Obamacare and Problems of Legal Scholarship” (via “Legal Theory Blog“).

And law professor Dan T. Coenen has posted online an article titled “The Commerce Power and Congressional Mandates” (via “Legal Theory Blog“).

Posted at 4:08 PM by Howard Bashman



“Clement Marks Milestone of 75 Supreme Court Arguments”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”

You can freely access the full text of the post via Google.

Posted at 3:21 PM by Howard Bashman



“McCaffery apologizes for porn e-mail, accuses Castille of ‘cooked-up controversy'”: Jeremy Roebuck of The Philadelphia Inquirer has this news update.

The Patriot-News of Harrisburg, Pennsylvania has a news update headlined “Supreme Court Justice Seamus McCaffery apologizes for ‘lapse in judgment’ regarding pornographic emails.”

The Associated Press reports that “Justice sorry for porn email, blasts colleague.”

Mark Abrams of KYW Newsradio reports that “Pa. Supreme Court Justice McCaffery Says He’s Being Railroaded by Chief Justice.”

Philadelphia Magazine has a blog post titled “McCaffery Sorry for Porn Emails, Rips Pa. Chief Justice; Pennsylvania Supreme Court Justice Seamus McCaffery said he ‘erred’ in sending pornographic emails; He also ripped his colleague, Chief Justice Ron Castille.”

And PoliticsPA reports that “Justice McCaffery Responds, Slams Chief Justice Castille.”

Posted at 3:18 PM by Howard Bashman



“Arkansas Supreme Court Strikes Down Voter ID Law, Saying It Exceeds State Constitution”: This article appears in today’s edition of The New York Times.

Arkansas News Bureau reports that “State Supreme Court strikes down voter ID law.”

USA Today reports that “Arkansas high court invalidates voter ID.”

Reuters reports that “Arkansas Supreme Court strikes down state’s voter ID law.”

And The Associated Press reports that “Arkansas high court strikes down voter ID law.”

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

Posted at 1:32 PM by Howard Bashman



“Texas Abortion Clinics to Reopen Despite a Future in Legal Limbo”: Erik Eckholm has this article in today’s edition of The New York Times.

Posted at 1:16 PM by Howard Bashman