How Appealing

Monday, December 3, 2012

"Irrational Basis: The judge in Nevada who upheld a gay marriage ban had no good reason at all." Nathaniel Frank has this jurisprudence essay online at Slate.
Posted at 11:47 PM by Howard Bashman

"E.P.A. Rule Complicates Runoff Case for Justices": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 11:15 PM by Howard Bashman

"The government switches position": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court, told by the federal government that it is changing its position on a prison sexual assault case, on Monday named a neutral lawyer to take on the defense of a lower-court ruling in that case."
Posted at 11:12 PM by Howard Bashman

"Border Agents' Power to Search Devices Is Facing Increasing Challenges in Court": This article will appear Tuesday in The New York Times.
Posted at 11:09 PM by Howard Bashman

"Argument recap: Will sympathy or technicality prevail?" At "SCOTUSblog," Lyle Denniston has this post.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Genesis HealthCare Corp. v. Symczyk, No. 11-1059.
Posted at 09:44 PM by Howard Bashman

"NY court OKs $1 M school racial harassment award": The Associated Press has a report that begins, "A $1 million award that's one of the biggest ever issued for racial harassment in high school has been upheld by a New York court."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Court Upholds $1M Award in School Race-Harassment Case."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:55 PM by Howard Bashman

"Federal court voids drug rep's conviction, cites free speech": Jonathan Stempel of Reuters has a report that begins, "A divided federal appeals court on Monday threw out the conviction of a sales representative for promoting off-label use of a prescription drug, a ruling that could make it harder for the government to police how drugs are marketed and sold."

My earlier coverage of today's Second Circuit ruling appears at this link.

Update: In other coverage, The Wall Street Journal reports that "Conviction Overturned in Drug-Marketing Case."
Posted at 05:44 PM by Howard Bashman

"U.S. law targeting drug smugglers in foreign waters is deemed illegal; An appeals court ruled that a 1986 law used to convict four suspected drug smugglers arrested in Panama waters is illegal": Jay Weaver has this article today in The Miami Herald reporting on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued early last month.

My previous coverage of that ruling can be accessed here.
Posted at 04:58 PM by Howard Bashman

"New EPA rule could upend high court runoff case": Mark Sherman of The Associated Press has this report.

And Lawrence Hurley of Greenwire reports that "Justices consider whether logging case moot in light of new EPA rule."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Decker v. Northwest Environmental Defense Center, No. 11-338.
Posted at 03:07 PM by Howard Bashman

"In gene case, SCOTUS to confront Federal Circuit on patentability": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:00 PM by Howard Bashman

Terry Baynes of Reuters is reporting: She has articles headlined "Supreme Court rejects appeal of Kentucky fen-phen lawyer" and "Top court lets GM workers pursue case against State Street."
Posted at 01:52 PM by Howard Bashman

"Defending the Voting Rights Act From Its Conservative Critics": Doug Kendall has this blog entry today at The Huffington Post.
Posted at 01:48 PM by Howard Bashman

"A Question of Accountability: Harvard Law School's International Human Rights Clinic argues that the Alien Tort Statute applies to corporations." Harvard Law School has posted online this report.
Posted at 01:47 PM by Howard Bashman

Majority on divided three-judge Second Circuit panel vacates criminal conviction of pharmaceutical sales representative for promoting off-label use of prescription drug as obtained in violation of the defendant's First Amendment free speech rights: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. The appeal was argued two years and one day ago.
Posted at 01:40 PM by Howard Bashman

"Rating agencies win dismissal of Ohio funds lawsuit": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:32 AM by Howard Bashman

"U.S. Supreme Court again delays decision on gay marriage": Howard Mintz of The San Jose Mercury News has this update.

Update: Terry Baynes of Reuters reports that "Supreme Court takes no action on same-sex marriage cases."
Posted at 09:55 AM by Howard Bashman

Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in one case.

Justice Sonia Sotomayor issued a dissent from the denial of certiorari in Hodge v. Kentucky, No. 11-10974.

At "SCOTUSblog," Lyle Denniston has a post titled "Again, no gay marriage orders."
Posted at 09:34 AM by Howard Bashman

"Judicial Vacancies Skyrocket During President Obama's First Term": Jennifer Bendery of The Huffington Post has this report.

And in today's edition of The Honolulu Star-Advertiser, Ken Kobayashi has an article headlined "Seeing a need, Judge Ezra to take gavel to Texas; The federal jurist expects to be busy in the Lone Star State." According to the article's non-subscriber preview, the relocation is expected to be permanent.
Posted at 09:12 AM by Howard Bashman

"At 83, Plaintiff in Gay Marriage Case Just 'Wants to be Alive When She Wins'": The New York Observer has this report.
Posted at 09:06 AM by Howard Bashman

"Winning the Moot Court Oral Argument: A Guide for Intra- and Intermural Moot Court Competitors." Gerald Lebovits, Drew Gewuerz, and Christopher Hunker have this article online at SSRN.
Posted at 09:02 AM by Howard Bashman

"Argument preview: Hospitals, money, and missing a deadline." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:57 AM by Howard Bashman

"Australians Face Gangrene Photos as Tobacco Brands Vanish": Bloomberg News has a report that begins, "Australians buying cigarettes are now guaranteed to face warnings that include photos of a gangrenous limb and a cancer victim as the world's first law requiring tobacco sales in uniform packages takes effect."

And The Sydney Morning Herald reported Friday that "Plain packs 'put off' smokers."
Posted at 07:46 AM by Howard Bashman

"Fugitive ex-prosecutor caught in New Mexico; James Cameron was on the run for more than two weeks before being arrested in Albuquerque": The Portland (Me.) Press Herald has this news update.
Posted at 07:42 AM by Howard Bashman

"Married -- but not here in Michigan; Supreme Court may decide to rule on gay marriage laws": The Detroit News contains this article today.
Posted at 07:40 AM by Howard Bashman

"Breyer's recusal complicates outcome in environmental cases": Reuters has this report.
Posted at 07:36 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog