How Appealing



Thursday, November 15, 2012

“Affirmative Action Ban in Michigan Is Rejected”: This article will appear Friday in The New York Times.

Warren Richey of The Christian Science Monitor has an article headlined “US appeals court strikes down Michigan ban on affirmative action; While the 8-7 ruling did not address the constitutionality of race-conscious admissions, the majority said Michigan’s prohibition on the policy ‘places special burdens on racial minorities.’

The Detroit News has an update headlined “Michigan’s affirmative action ban unconstitutional, federal appeals court rules.”

AnnArbor.com reports that “Appeals court strikes down ban on affirmative action in university admissions.”

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “Michigan Ban on College Affirmative Action Struck Down.”

Posted at 10:57 PM by Howard Bashman



“At long last, battle over Bush ozone standard heads to court”: Lawrence Hurley and Jeremy P. Jacobs of Greenwire have this report.

Posted at 3:40 PM by Howard Bashman



“Software Speech”: At Stanford Law Review Online, Andrew Tutt has a Note that begins, “When is software speech for purposes of the First Amendment?”

Posted at 2:58 PM by Howard Bashman



“The courts and public opinion: Klarman examines the legal fight for same-sex marriage.” This article appears in the Fall 2012 issue of the Harvard Law Bulletin.

Posted at 2:53 PM by Howard Bashman



Sixth Circuit issues its en banc ruling in Coalition to Defend Affirmative Action v. Regents of the University of Michigan: You can access the ruling at this link. A majority on the en banc court has ruled that “those provisions of Proposal 2 affecting Michigan’s public colleges and universities [are] unconstitutional.”

The majority opinion explains that Proposal 2 “eliminated the consideration of ‘race, sex, color, ethnicity, or national origin’ in individualized admissions decisions” at Michigan’s public colleges and universities.

The en banc court’s vote was 8-to-7 in favor of invalidating Proposal 2. Five of the seven dissenting judges issued dissenting opinions.

Update: In early news coverage, The Associated Press reports that “US court strikes down Mich. affirmative action ban.”

Terry Baynes of Reuters reports that “Michigan affirmative action ban unconstitutional, court rules.”

Paul Egan of The Detroit Free Press has a news update headlined “Court: Michigan’s ban on affirmative action is unconstitutional.”

The Michigan Daily reports that “Court rules Michigan’s ban on affirmative action unconstitutional.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Michigan affirmative action ban nullified.”

Posted at 1:51 PM by Howard Bashman



“Appeals court upholds Diehl-Armstrong’s conviction”: The Erie Times-News has an update that begins, “A federal appeals court today affirmed the conviction and life sentence of Marjorie Diehl-Armstrong in the bombing death of pizza deliveryman Brian Wells in 2003.”

You can access today’s non-precedential ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 1:18 PM by Howard Bashman



“Court hears appeal from Ciavarella; Former judge wants conviction tossed”: Terrie Morgan-Besecker has this article today in The Times Leader of Wilkes-Barre, Pennsylvania.

And today’s edition of The Citizens’ Voice of Wilkes-Barre contains an article headlined “Judges consider Ciavarella appeal.”

Posted at 1:05 PM by Howard Bashman



“Federal court vacates 6 of 13 child pornography convictions against former state prosecutor; Appeals court says James Cameron, 50, formerly of Hallowell, should have been able to cross-examine Yahoo employees who compiled reports about his accounts”: The Morning Sentinel of Waterville, Maine contains this article today.

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

Posted at 9:34 AM by Howard Bashman