How Appealing



Monday, December 11, 2017

“The Kozinski sexual-misconduct allegations and the Third Circuit”: Matthew Stiegler has this post at his “CA3blog.”

Posted at 9:30 PM by Howard Bashman



“Suspect Evidence Informed a Momentous Supreme Court Decision on Criminal Sentencing; The U.S. Sentencing Commission helped send more people to prison for longer terms; It’s a shame it was created to address a nonexistent crisis; Here’s how the Supreme Court got misled”: Ryan Gabrielson of ProPublica has this report.

Posted at 9:05 PM by Howard Bashman



“More Women Acknowledge Judge Kozinski’s Behavior Was An ‘Open Secret’; This is what happens when you dare women to tell their stories”: Kathryn Rubino has this post at “Above the Law.”

Online at “The Cut,” Rebecca Traister has an essay titled “This Moment Isn’t (Just) About Sex. It’s Really About Work.”

Online at The Washington Post, columnist Petula Dvorak has an essay titled “How many men are harassers or predators?

And if you think reporting on the matter sounds creepy in English, consider how it sounds in Filipino, as Abante of Manila reports that “US judge inireklamo, staff pinaghuhubad, pinapanood ng porn video.”

Posted at 5:38 PM by Howard Bashman



“Don’t be fooled: New SCOTUS grant in China Agritech isn’t about securities litigation.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 5:20 PM by Howard Bashman



“Is the Judiciary Ready to Handle Harassment Charges?” Cristian Farias has this post at the “Daily Intelligencer” blog of New York magazine.

Posted at 2:58 PM by Howard Bashman



“Ghost of Justice Scalia looms as Supreme Court debates religion and civil rights law”: David G. Savage of The Los Angeles Times has this report.

Posted at 1:28 PM by Howard Bashman



“Clerkships Are, Or Can Be, Just Jobs. Maybe it’s Better That Way.” Paul Horwitz has this post at “PrawfsBlawg.” Although that blog generally allows comments, the comments to this particular post are closed for whatever reason.

Posted at 1:23 PM by Howard Bashman



“Supreme Court Won’t Hear Case on Bias Against Gay Workers”: Adam Liptak of The New York Times has this report.

Richard Wolf of USA Today reports that “Supreme Court won’t hear LGBT job discrimination case.”

Greg Stohr of Bloombeg News reports that “U.S. Supreme Court Turns Away Sexual-Orientation Bias Case.”

Andrew Chung of Reuters reports that “U.S. high court turns away dispute over gay worker protections.”

And Chris Geidner of BuzzFeed News reports that “Justices Pass On Deciding If Anti-Gay Workplace Discrimination Is Banned Under Current Law.”

Posted at 1:18 PM by Howard Bashman



See Ninth Circuit Judge Alex Kozinski in action, live at 1 p.m. eastern time on YouTube: In today’s edition of The New York Times, Jacey Fortin has an article headlined “Federal Appeals Court Judge Is Accused of Sexual Harassment.” Of course, The Washington Post broke this news Friday evening in an article that appeared on the newspaper’s front page, above-the-fold, in its Saturday print edition.

For all that one might say about this brash, outspoken, and incredibly talented jurist, he did have the highly praiseworthy idea to begin live-broadcasting the Ninth Circuit’s oral arguments on YouTube. Today at 10 a.m. pacific time, 1 p.m. eastern time, Judge Kozinski is scheduled to participate on a three-judge panel that will hear oral argument in San Francisco in a potentially significant environmental case. Ninth Circuit Judge Marsha S. Berzon will also be on the panel, although due to seniority rules, she won’t have to sit next to Judge Kozinski. Natasha Geiling of ThinkProgress previews the oral argument in an article headlined “Here’s what’s at stake for the 21 kids suing the Trump administration over climate change; Arguments before the Ninth Circuit will decide whether the case goes to trial.”

In any event, those wishing to tune-in to see how Judge Kozinski has weathered what may have been a difficult weekend can view the oral argument beginning at 1 p.m. eastern time live on YouTube via this link.

Posted at 10:40 AM by Howard Bashman



You can follow “How Appealing” on Twitter: Every new post that appears here also appears as a new tweet on this blog’s Twitter feed. And thanks to Twitter’s expansion of the maximum tweet size from 140 to 280 characters, tweets of this blog’s longer posts now contain more information.

Plus, as an added bonus, early in the morning, late at night, and other times when I am away from the computer, this blog’s Twitter feed often will feature appellate-related retweets that haven’t yet been posted to this blog and may never be posted to this blog. To be sure, following this blog on Twitter is far from a perfect substitute for visiting this blog directly, but it is a good way to be notified of new posts promptly.

Posted at 9:54 AM by Howard Bashman



“Probing the Mueller Probe, and Inside the Chamber for Masterpiece Cakeshop: The (legal) highs and lows of the Russia investigation, and oral arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission.” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 8:26 AM by Howard Bashman



“Mostly White and Male: Diversity Still Lags Among SCOTUS Law Clerks; Research conducted by The National Law Journal found 85 percent of all law clerks since 2005 have been white and twice as many men as women gain entry.” Tony Mauro of The National Law Journal has this report.

Posted at 8:06 AM by Howard Bashman