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






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