How Appealing

Tuesday, November 27, 2012

Programming note: On Wednesday morning, I will be presenting oral argument on behalf of the plaintiffs-appellees in four related cases scheduled for hearing before a three-judge panel of the Superior Court of Pennsylvania (additional details can be found in the second-to-last paragraph of this recent post). Consequently, new entries won't appear here until Wednesday afternoon.
Posted at 10:06 PM by Howard Bashman


"San Francisco officials ask court for advance warning if gay marriages are formally legalized": Howard Mintz of The San Jose Mercury News has this update.
Posted at 10:02 PM by Howard Bashman


"Chief Justice Roberts accuses U.S. lawyer of being disingenuous": Jonathan Stempel of Reuters has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in US Airways, Inc. v. McCutchen, No. 11-1285, at this link.
Posted at 06:14 PM by Howard Bashman



"SCOTUS confirms deference to arbitration, bench-slaps Oklahoma court": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:38 PM by Howard Bashman


"U.S. Senate is wrong to block Maine man's judicial appointment": The Bangor Daily News has an editorial that begins, "It is nonsensical that the U.S. Senate has held up for so long the confirmation of William Kayatta Jr., of Cape Elizabeth, to the U.S. Court of Appeals for the First District."
Posted at 05:22 PM by Howard Bashman


"Justices to consider Los Angeles' unusual stormwater problem": Lawrence Hurley of Greenwire has this report.
Posted at 05:16 PM by Howard Bashman


"Circuit Dissents Fail to Halt Stokley Execution Date": Pamela A. MacLean has this post today at her "Trial Insider" blog.

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc and the dissents therefrom at this link.
Posted at 04:18 PM by Howard Bashman



"A conversation on the legal legacy of Judge Henry Friendly": Harvard Law School has posted online this report, which also features a video of the panel discussion.
Posted at 02:50 PM by Howard Bashman


Winning despite losing on appeal: Having a petition for writ of mandamus denied by a federal appellate court may not seem like a victory for the party seeking appellate relief, but the final footnote contained in a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday may have been welcomed as the next best thing to an outright victory.

In news coverage of the ruling, The Pittsburgh Post-Gazette reports today that "Appeals court upholds civil case time limits."
Posted at 02:14 PM by Howard Bashman



"Can 'Human Drama' Help To Fill the D.C. Circuit's Three Empty Seats?" The blog "D.C. Circuit Review" has this post today.
Posted at 02:06 PM by Howard Bashman


"Citizens United Ruling": Attorney Floyd Abrams has this letter to the editor today in The New York Times.
Posted at 02:04 PM by Howard Bashman


"Gay Marriage Comes to Supreme Court Friday": Ariane de Vogue of ABC News has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriage I: The constitutional standard."
Posted at 01:44 PM by Howard Bashman



"Argentina urges U.S. appeals court to delay payment to creditors": Nate Raymond of Reuters has this report.
Posted at 01:28 PM by Howard Bashman


Second Circuit decides whether New York State's handgun licensing scheme violates the Second Amendment by requiring an applicant to demonstrate "proper cause" to obtain a license to carry a concealed handgun in public: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

In today's ruling, a unanimous three-judge panel has rejected the Second Amendment challenge.

Update: In news coverage, Terry Baynes of Reuters reports that "Appeals court upholds New York gun licensing law."
Posted at 01:26 PM by Howard Bashman



Programming note: Due to an oral argument that I am presenting this morning in the Supreme Court of Pennsylvania (detailed in this earlier post), additional posts will not appear here until this afternoon.

Update: This morning's oral argument seemed to go very well. I will link to the video of the oral argument session when it becomes available online.
Posted at 07:38 AM by Howard Bashman



"Justices reject Delling appeal": This article appears today in The Idaho Statesman.

David G. Savage of The Los Angeles Times reports that "Supreme Court rejects murder appeal claiming right to insanity defense."

And Warren Richey of The Christian Science Monitor reports that "Supreme Court rejects Idaho case on prohibiting the insanity defense; Idaho is one of four states that do not permit criminal defendants to claim they are innocent by reason of insanity; On Monday, the US Supreme Court declined to take a case testing whether an insanity defense is a constitutional right."
Posted at 07:35 AM by Howard Bashman



"Perry names chief of staff to Supreme Court": Chuck Lindell of The Austin American-Statesman has an article that begins, "Gov. Rick Perry on Monday appointed his chief of staff, Jeffrey S. Boyd, to fill a vacancy on the Texas Supreme Court."
Posted at 07:32 AM by Howard Bashman


"Oklahoma Supreme Court reversed for failing to follow law in contract dispute; The U.S. Supreme Court says the Oklahoma high court wrongly got involved in a case that should have been decided by an arbitrator": Chris Casteel has this article today in The Oklahoman.
Posted at 07:30 AM by Howard Bashman


"Supreme Court rejects plea to ban taping of police in Illinois": This article appears today in The Chicago Tribune.

The Christian Science Monitor has an article headlined "Can people record police officers? Illinois ban gets no help at Supreme Court; Supreme Court justices refused to hear an appeal on behalf of Illinois' tough eavesdropping law; A federal appeals court had ruled that the law 'likely violates' free speech guarantees."

And at Politico.com, Tal Kopan has a blog post titled "Supreme Court won't hear police recording case."
Posted at 07:26 AM by Howard Bashman



"Justices Consider Definition of Supervisor in Job Discrimination Case": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "In harassment case, Supreme Court ponders: Who qualifies as a supervisor?"

Yesterday evening's broadcast of the PBS program "NewsHour" contained a segment entitled "Hinging on Supervisor Definition, Supreme Court Reviews Work Harassment Case" featuring Marcia Coyle.

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Supreme Court Hears Case Asking: Who's A Boss?"
Posted at 07:24 AM by Howard Bashman







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