How Appealing

Monday, April 30, 2012

"Sidley Austin taps Carter Phillips to lead firm": Reuters has this report.
Posted at 04:03 PM by Howard Bashman


"Supreme Court to follow up on immigration lawyer case": James Vicini of Reuters has this report.
Posted at 02:08 PM by Howard Bashman


"Originalist Sin: A brilliant article shows that the Founding Fathers not only supported mandates, they passed laws imposing them; Take that, Scalia!" Eliot Spitzer has this essay online at Slate.
Posted at 12:14 PM by Howard Bashman


"Appeals court nominee from Oklahoma still awaiting U.S. Sen. Tom Coburn's consent for hearing": This article appears today in The Oklahoman.
Posted at 12:08 PM by Howard Bashman


"Carter Phillips to Lead Sidley Austin": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Veteran Supreme Court advocate Carter Phillips will become chair of Sidley Austin's worldwide executive committee in 2013, the firm announced Sunday."
Posted at 10:27 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 granted review in one case.

Update: In early news coverage, The Associated Press reports that "Court to decide if deportation ruling retroactive."

And at "SCOTUSblog," Lyle Denniston has a post titled "New look at lawyers' advice."
Posted at 10:03 AM by Howard Bashman



Sunday, April 29, 2012

"High court's stance could spur immigration laws": The Associated Press has a report that begins, "Emboldened by signals that the U.S. Supreme Court may uphold parts of Arizona's immigration law, legislators and activists across the country say they are gearing up to push for similar get-tough measures in their states."
Posted at 01:48 PM by Howard Bashman


"Debate rages over severity of child-porn sentences": The Associated Press has this report.
Posted at 01:45 PM by Howard Bashman


"Under the U.S. Supreme Court: Affirmative action headin' for a Texas showdown." Michael Kirkland of UPI has this report.
Posted at 08:54 AM by Howard Bashman


Saturday, April 28, 2012

In the May 2012 issue of ABA Journal magazine: Leslie A. Gordon will have an article headlined "Citizens Dis-United: Justices May Take Another Look at Campaign Finance Case."

And Eriq Gardner has an article headlined "The Righthaven Experiment: A Journalist Wonders If a Copyright Troll Was Right to Sue Him."
Posted at 03:56 PM by Howard Bashman



"D.C. Circuit Fills in Some Blanks in Guantanamo Mad Libs Opinion": The blog "D.C. Circuit Review" has this post.
Posted at 03:00 PM by Howard Bashman


"Fetish filmmaker convicted of obscenity charges; Ira Isaacs, who made and sold fetish movies, could face up to 25 years; The Web 'superstore' owner, who sometimes acted in his own productions, argued he was an artist protected by the 1st Amendment": This article appears today in The Los Angeles Times.

The Associated Press reports that "Adult film producer convicted in obscenity trial."

Mark Kernes of AVN News reports that "Isaacs Guilty On All Counts in L.A. Obscenity Trial."

And XBIZ Newswire reports that "Ira Isaacs Found Guilty on Five Counts of Federal Obscenity."
Posted at 10:15 AM by Howard Bashman



Friday, April 27, 2012

"Dukes-ing it out: Wal-Mart versus Concepcion, one year later." Erin Geiger Smith has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight.
Posted at 05:23 PM by Howard Bashman


"Justices, Advocates Gather at Georgetown Law": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 12:20 PM by Howard Bashman


Thursday, April 26, 2012

"Congratulations to Georgetown's Supreme Court Institute": Randy Barnett has this post at "The Volokh Conspiracy."
Posted at 08:36 PM by Howard Bashman


"1st Circuit joins debate over leftover class settlement funds": At Alison Frankel's "On the Case" from Thomson Reuters News & Insight, Nate Raymond has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued Tuesday.
Posted at 08:00 PM by Howard Bashman


"As Supreme Court mulls healthcare, rumors fly": Joan Biskupic of Reuters has this report.
Posted at 07:55 PM by Howard Bashman


"Judge: Images of Bin Laden Death, Burial Can Remain Secret." Mike Scarcella has this post at "The BLT: The Blog of Legal Times" reporting on a ruling that the U.S. District Court for the District of Columbia issued today.
Posted at 07:52 PM by Howard Bashman


"Supreme court moves to center of presidential race": The Associated Press has this report.
Posted at 07:46 PM by Howard Bashman


"Justice Kagan Headlines Sixth Circuit Conference": This post, in which the "How Appealing" blog is mentioned, appears today at the "Sixth Circuit Appellate Blog."
Posted at 06:14 PM by Howard Bashman


"Lee Holds Fast to Principle with 'No' Votes for Judicial Nominees": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 03:36 PM by Howard Bashman


"Ariz. migrant case could lead to sweeping changes": The Associated Press has this report.
Posted at 02:05 PM by Howard Bashman


Wednesday, April 25, 2012

"FTC Loses Appeal in Androgel 'Pay-for-Delay' Patent Case": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:09 PM by Howard Bashman


"Health care debate: high stakes for those with HIV." The Associated Press has an article that begins, "For many HIV-positive Americans, and those who advocate on their behalf, these are days of anxious waiting as the Supreme Court ponders President Barack Obama's health care overhaul."
Posted at 10:24 PM by Howard Bashman


Supreme Court of Pennsylvania issues 4-to-3 ruling in case involving separation of powers and judicial deference to the legislative branch concerning whether an organization qualifies as a "purely public charity" under Pennsylvania's Constitution: Today's ruling of Pennsylvania's highest court consists of a majority opinion and a dissenting opinion.
Posted at 08:50 PM by Howard Bashman


"Supreme Court hears Arizona immigration law; SB 1070 supporters hopes for enforcement bolstered by justices' questions": The Arizona Republic has this news update.

Adam Liptak of The New York Times has a news update headlined "Justices Seem Sympathetic to Central Part of Arizona Law."

Robert Barnes of The Washington Post has a news update headlined "Arizona immigration law: Supreme Court seems receptive to parts of crackdown."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court skeptical of striking down Arizona immigration law."

And Michael Doyle of McClatchy Newspapers has an article headlined "Many questions as Supreme Court hears Arizona immigration case."
Posted at 02:41 PM by Howard Bashman



"High Court Limits IRS Time to Challenge Tax Shelters": Greg Stohr of Bloomberg News has this report.
Posted at 01:18 PM by Howard Bashman


"Supreme Court appears to back Arizona on immigration": James Vicini and Joan Biskupic of Reuters have this report.

Greg Stohr of Bloomberg News reports that "Arizona's Immigration Crackdown Gets Support at Top Court."

Mike Sacks of The Huffington Post has an article headlined "SB 1070: Supreme Court Appears To Favor Arizona On Controversial Immigration Law."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: A choice between radical and reasonable?"

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Arizona v. United States, No. 11-182.
Posted at 01:15 PM by Howard Bashman



"Supreme Court takes up Arizona immigration law": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court appears ready to allow Arizona to enforce a state law provision that requires police officers to check the immigration status of people they think are in the country illegally."
Posted at 12:07 PM by Howard Bashman


"Immigration Fight Echoes Health-Care Case at High Court": Greg Stohr of Bloomberg News has this report.
Posted at 11:10 AM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Stephen G. Breyer delivered the opinion of the Court (except as to one subsection of the opinion) in United States v. Home Concrete & Supply, LLC, No. 11-139. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment. Justice Anthony M. Kennedy issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that "Court says IRS has 3 years in tax shelter case."
Posted at 10:06 AM by Howard Bashman



File under the heading "I thought I was mistaken once, but I was wrong": In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Deportation Practices Shift" that begins, "The Justice Department said Tuesday that it inadvertently misled the Supreme Court in January 2009 by asserting that officials routinely 'facilitate' the return of erroneously deported immigrants, but it said new procedures would now ensure that the government's practices matched its earlier assertions."
Posted at 09:16 AM by Howard Bashman


"U.S. Supreme Court Justice Samuel Alito Says Pragmatism, Stability Should Guide Court; Addresses Jurisprudence at Law School Conference on Burkean Constitutionalism": Columbia Law School issued this news release yesterday.
Posted at 09:14 AM by Howard Bashman


"SB 1070 supporters, opponents are clashing in Washington": This article appears today in The Arizona Republic.

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Controversial Arizona Law Reaches Supreme Court."

Today's edition of The New York Times contains an editorial entitled "Arizona and Interposition."

And The Washington Post contains an editorial entitled "Supreme Court takes up Arizona's immigration law."
Posted at 08:14 AM by Howard Bashman



"2011 Law Prof Blog Traffic Rankings": Paul L. Caron has this post today at his "TaxProf Blog."
Posted at 08:09 AM by Howard Bashman


Tuesday, April 24, 2012

"Justice by the Numbers: When it comes to deciding the future of Obamacare, the Supreme Court should ignore public opinion." Barry Friedman and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 08:35 PM by Howard Bashman


"Settlement clears way for cross in Mojave Desert": The Associated Press has this report.
Posted at 06:10 PM by Howard Bashman


"SCOTUS: Corporations are people, unless they torture other people." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 01:36 PM by Howard Bashman


"High court says Colo. inmate can pursue appeal": The Associated Press has this report.
Posted at 10:55 AM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Ruth Bader GInsburg delivered the opinion of the Court in Wood v. Milyard, No. 10-9995. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Justice Antonin Scalia joined. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman


"U.S. Supreme Court Declines to Hear Suit Challenging the Rent Stabilization Law": Adam Liptak has this article today in The New York Times.
Posted at 09:50 AM by Howard Bashman


"Which Federal Appeals Court Cites Wikipedia Most Often?" Joe Palazzolo had this post last night at WSJ.com's "Law Blog."
Posted at 09:03 AM by Howard Bashman


"Supreme Court is political by design": Professor Anna Harvey has this op-ed today in The Philadelphia Inquirer.
Posted at 07:38 AM by Howard Bashman


"High court hears Arizona immigration dispute": Mark Sherman of The Associated Press has this report.
Posted at 07:34 AM by Howard Bashman


"The Case of the 22 Lewd Chinese Women: A crazy 19th-century case shows how the Supreme Court should deal with Arizona's immigration law." Professor Paul A. Kramer has this jurisprudence essay online at Slate.
Posted at 07:32 AM by Howard Bashman


Monday, April 23, 2012

"Justices bring end to human rights case against Chevron": Lawrence Hurley of Greenwire has this report.
Posted at 05:36 PM by Howard Bashman


"Padilla to Supreme Court: Reinstate torture case." The Associated Press has this report.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Padilla torture claim back in the Court."
Posted at 11:47 AM by Howard Bashman



"New York City Rent Limits Left Intact by Supreme Court": Greg Stohr and Henry Goldman of Bloomberg News have this report.

And James Vicini of Reuters reports that "Supreme Court won't hear New York City rent case."
Posted at 11:45 AM by Howard Bashman



"UT selects private legal team for Fisher case": This article appears today in The Daily Texan.
Posted at 10:18 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.

Update: In early news coverage, The Associated Press reports that "Court won't hear appeal over NYC rent control"; "Court rejects torture victims' appeal vs. Chevron"; and "Supreme Court rejects appeal in Enron-related case."
Posted at 10:03 AM by Howard Bashman



"Justices to Rule on Role of the States in Immigration": Julia Preston has this front page article today in The New York Times. In commentary, law professor Peter J. Spiro has an op-ed entitled "Let Arizona's Law Stand."

And today's edition of The Arizona Republic contains an article headlined "Immigration law, politics see wave of change in 2 years; Push for SB 1070-style laws wanes; impact on state's economy debated."
Posted at 07:56 AM by Howard Bashman



Sunday, April 22, 2012

"Arizona Immigration Law Faces Supreme Court Test": Jess Bravin and Miriam Jordan will have this article Monday in The Wall Street Journal.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court to hear Arizona immigration case this week."

And Monday's edition of The Houston Chronicle will contain an article headlined "Arizona decision could shape election of 2012."
Posted at 10:32 PM by Howard Bashman



"US Republicans eye health plan should court overturn reform": Reuters has this report.
Posted at 08:22 PM by Howard Bashman


"Supreme Court lawyers cautious when offering one specific piece of evidence": Robert Barnes will have this article Monday in The Washington Post.
Posted at 08:14 PM by Howard Bashman


"U.S. Supreme Court immigration case weighs states' powers": James Vicini of Reuters has this report.
Posted at 04:35 PM by Howard Bashman


"Arizona Immigration Law Arriving At Supreme Court This Week": Mike Sacks of The Huffington Post has this report.
Posted at 02:48 PM by Howard Bashman


"Cruel and unusual -- a test case": Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 11:52 AM by Howard Bashman


"Under the U.S. Supreme Court: Gray market case may pack Internet wallop." Michael Kirkland of UPI has this report.
Posted at 08:40 AM by Howard Bashman


"Arizona immigration law: Supreme Court again examines federal power." Robert Barnes has this article today in The Washington Post.

And today's edition of The Arizona Republic contains articles headlined "Arizona to defend SB 1070 this week; State argues case in Supreme Court"; "Key issues to watch in SB 1070 hearing; Possible court outcome could include 4-4 tie"; "Court's review of SB 1070 provokes dozens of briefs"; and "Attorneys in SB 1070 case sparred in court before."
Posted at 08:12 AM by Howard Bashman



Saturday, April 21, 2012

"Pfizer Ordered to Pay $4 Million in Damages in Prempro Case": Jef Feeley of Bloomberg News has this report.
Posted at 08:44 PM by Howard Bashman


"Showdown on Arizona immigration law goes to Supreme Court; The case has major implications for the presidential campaign and other states where similar crackdowns on illegal immigrants are being challenged": David G. Savage will have this article Sunday in The Los Angeles Times.

Sunday's edition of The New York Times will contain an editorial entitled "An Invitation to Abuse and Chaos."

And in Sunday's edition of The Arizona Republic, columnist Robert Robb will have an op-ed entitled "Arizona's SB1070: Supreme Court will hear 2 strikingly different views."
Posted at 08:40 PM by Howard Bashman



"Guantanamo defense team cites Santeria case as due-process precedent": Carol Rosenberg of The Miami Herald has this report.
Posted at 01:24 PM by Howard Bashman


"Campus diversity suffers under race-blind policies": The Associated Press has this report.
Posted at 12:58 PM by Howard Bashman


Friday, April 20, 2012

"An Interview with David Lat": The Virginia Law Weekly newspaper has published this interview, in which "How Appealing" is mentioned.
Posted at 11:44 PM by Howard Bashman


"The Princess Bride," on appeal: In dissenting in part from the ruling that a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today, Circuit Judge Jennifer Walker Elrod begins:
An employee either is or is not at-will. There is no such thing as somewhat at-will, or as the majority puts it "sufficiently non-at-will." In fact, the majority's conclusion brings to mind Miracle Max's diagnosis that Westley was "mostly dead." See Princess Bride (20th Century Fox released Sep. 25, 1987).
You can access the complete ruling at this link.
Posted at 08:14 PM by Howard Bashman


"U.S. appeals court upholds criminal cockfighting laws": Terry Baynes of Reuters has this report on two rulings (here and here) that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 08:00 PM by Howard Bashman


"Judges Drive Truck Through Loophole in Supreme Court GPS Ruling": Kim Zetter has this post today at Wired.com's "Threat Level" blog.
Posted at 04:48 PM by Howard Bashman


"Women's Work": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "We're accustomed to talking about a 'divided' Supreme Court, riven with ideological conflict."
Posted at 04:33 PM by Howard Bashman


"The constitutional right to be left alone": In yesterday's edition of The Washington Post, columnist George F. Will had an op-ed that begins, "Judge J. Harvie Wilkinson III, a Reagan appointee to the U.S. Court of Appeals for the 4th Circuit, is a courtly Virginian who combines a manner as soft as a Shenandoah breeze with a keen intellect."
Posted at 04:32 PM by Howard Bashman


"Senate panel endorses Kayatta for judgeship; The trial lawyer from Cape Elizabeth wins strong support as his 1st Circuit nomination heads toward a final floor vote": This article appears today in The Portland (Me.) Press Herald.
Posted at 04:28 PM by Howard Bashman


"Judges seem wary of overruling tobacco judgment": The Associated Press has this report.
Posted at 03:33 PM by Howard Bashman


"Jury Statute Not Violated by Protester, Judge Rules": This article appears today in The New York Times.

Reuters reports that "Judge tosses jury nullification case."

And The Teaneck (N.J.) Patch reports that "Jury Tampering Case Against Teaneck Man Dropped; Former state Assembly candidate could have faced prison time for advocacy efforts."
Posted at 11:34 AM by Howard Bashman



Thursday, April 19, 2012

"Why the Mandate Is Constitutional: The Real Argument." Ronald Dworkin will have this essay in the May 10, 2012 issue of The New York Review of Books.
Posted at 07:00 PM by Howard Bashman


"NY judge tosses out jury nullification charges": The Associated Press has a report that begins, "A New York federal judge has thrown out charges against a man who urges jurors to sometimes disregard the law and vote their conscience."
Posted at 06:20 PM by Howard Bashman


"A Romney pick for top U.S. court? Frontrunners emerge." David Ingram of Reuters has this report.
Posted at 03:20 PM by Howard Bashman


"The Supreme Court's Bad Precedent: Conservative judges increasingly feel free to inject ideology into their decisions; Don't just look at what they say, but how they say it." Dahlia Lithwick has this jurisprudence essay online at Slate.

And at The Huffington Post, Doug Kendall has a blog entry entitled "What a Conservative Judicial Revolution Looks Like."
Posted at 11:03 AM by Howard Bashman



Wednesday, April 18, 2012

"Torture Suits Against Companies Blocked by Top U.S. Court": Greg Stohr of Bloomberg News has this report.

And James Vicini of Reuters has a report headlined "Supreme Court: torture law applies only to people."
Posted at 12:28 PM by Howard Bashman



Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Mohamad v. Palestinian Authority, No. 11-88. Justice Antonin Scalia did not join one section of the Court's opinion. And Justice Stephen G. Breyer issued a concurring opinion. You can access the oral argument via this link.

2. And Justice Clarence Thomas delivered the opinion of the Court in Kappos v. Hyatt, No. 10-1219. Justice Sotomayor issued a concurring opinion, in which Justice Breyer joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press has reports headlined "High court limits suits under torture victim law" and "Court: Judges can consider new patent evidence."
Posted at 10:03 AM by Howard Bashman



"Court Weighs Revisions in Cocaine-Case Sentences": Adam Liptak has this article today in The New York Times. The newspaper also contains an editorial entitled "Abiding by the Fair Sentencing Act."

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court weighs whether law reducing crack cocaine sentences is retroactive."

David G. Savage of The Los Angeles Times reports that "Supreme Court told unfair crack sentences may number in thousands; A Justice Department lawyer tells the Supreme Court that a law repealed in 2010 as racially biased should not be applied for crack cocaine convicts not yet sentenced when the rule was stricken."

And Mike Sacks of The Huffington Post reports that "Supreme Court Weighs Fate Of Crack Dealers Caught In Mandatory Minimum Sentence Squeeze."
Posted at 08:10 AM by Howard Bashman



"Justices Cite Protections for Lawyers in Inquiries": Adam Liptak has this article today in The New York Times.

And David G. Savage of The Los Angeles Times reports that "Supreme Court reverses 9th Circuit to shield private lawyers."
Posted at 08:03 AM by Howard Bashman



"Obama's recess actions spur Republicans to join lawsuit": Stephen Dinan has this article today in The Washington Times.

And Jennifer Bendery of The Huffington Post reports that "Senate Republicans Join Legal Challenge Of Obama's Recess Appointments."
Posted at 08:00 AM by Howard Bashman



Tuesday, April 17, 2012

"Ruling on Arizona voter requirement mixed": The Arizona Republic has this news update.

Reuters reports that "Court says Arizona can demand voter identification."

And Bloomberg News reports that "Arizona Voter Registration Mandate Rejected by Appeals Court."

You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:15 PM by Howard Bashman



"Sex tapers can thank 3rd Circuit for First Amendment protection": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:05 PM by Howard Bashman


"Court considers Chevron's request for documents in Ecuador litigation": Lawrence Hurley of Greenwire has this report.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Chevron, Consulting Firm Battle In D.C. Circuit Over Documents."
Posted at 06:00 PM by Howard Bashman



"Despite Senate Deal on Judges, Panel Finds Partisan Acrimony Worse Than Ever": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 03:15 PM by Howard Bashman


"Court seems split on when to apply new sentences": Jesse J. Holland of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: A dilemma over race."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Dorsey v. United States, No. 11-5683.
Posted at 03:12 PM by Howard Bashman



Reuters is reporting: James Vicini has an article headlined "Supreme Court: lawyers hired by cities can seek immunity."

And Anna Yukhananov and James Vicini report that "U.S. top court rules for generic drugmaker on patent."
Posted at 03:07 PM by Howard Bashman



"Generic-Drug Makers Win at High Court on Brand-Name Patents": Greg Stohr of Bloomberg News has this report.
Posted at 03:04 PM by Howard Bashman


Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, No. 10-844. Justice Sonia Sotomayor issued a concurring opinion. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Filarsky v. Delia, No. 10-1018. Justices Ruth Bader Ginsburg and Sotomayor each filed a concurring opinion. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that "Court rules for private lawyer hired by CA city" and "Court says patent correction needed."
Posted at 10:04 AM by Howard Bashman



"Court revives case against pornography record-keeping laws": Terry Baynes of Reuters has this report.

And yesterday, XBIZ Newswire posted an analysis by attorney Corey D. Silverstein headlined "What Today's 2257 Ruling Means."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 09:55 AM by Howard Bashman



"Supreme Court to Revisit 'First-Sale' Copyright Doctrine": David Kravets has this post at Wired.com's "Threat Level" blog.

And Politico.com reports that "Supreme Court takes copyright case."
Posted at 09:52 AM by Howard Bashman



"Justices Weigh Overtime Exemption for Drug Firm Representatives": Adam Liptak has this article today in The New York Times.
Posted at 09:45 AM by Howard Bashman


"Judges, journalists clash over courtroom tweets": The Associated Press has this report.
Posted at 09:42 AM by Howard Bashman


"Anna Nicole Smith meets Bernie Madoff: What has Rakoff wrought?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:40 AM by Howard Bashman


Monday, April 16, 2012

In Bashman news from Australia: The Advertiser of Adelaide, Australia has a news update headlined "Gang of home invaders bash man unconscious at Thebarton."
Posted at 09:50 PM by Howard Bashman


"Ideologues In Robes: The major theories about interpreting the Constitution serve competing schools of activism and give cover to partisan results." In today's edition of The Wall Street Journal, Adam J. White has this review of Fourth Circuit Judge J. Harvie Wilkinson III's new book, "Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance."
Posted at 07:30 PM by Howard Bashman


"Battleground America: The insanity of our gun laws." Jill Lepore has this article in the April 23, 2012 issue of The New Yorker.
Posted at 07:23 PM by Howard Bashman


"U.S. Senate confirms Thacker to federal appeals court": The West Virginia Record has this news update.
Posted at 07:21 PM by Howard Bashman


"U.S. Appeals Court Sides With FSC Over 2257 Challenges": XBIZ Newswire has this report.

And AVN News reports that "Third Circuit Reverses 2257 Decision on Appeal."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 04:50 PM by Howard Bashman



"2011 Ninth Circuit Annual Report is Now Available Online!" You can access it at this link.
Posted at 03:55 PM by Howard Bashman


In news coverage of today's U.S. Supreme Court Order List: Mark Sherman of The Associated Press reports that "High court steps into copyright case." The AP also reports that "Court won't hear appeal over ministerial exception"; "Court won't hear argument over NFL arbitration"; and "Court rejects Skilling appeal again."

Greg Stohr of Bloomberg News reports that "Discounted 'Gray Market' Goods Draw Top U.S. Court Review" and "Enron's Skilling Rejected by Top U.S. Court on Conviction."

James Vicini of Reuters reports that "Supreme Court to hear reach of copyright law abroad" and "Supreme Court rejects Skilling's Enron case appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Orders: One new grant, on copyright."
Posted at 03:33 PM by Howard Bashman



"High court weighs overtime pay for drug sales reps": Mark Sherman of The Associated Press has this report.

And James Vicini of Reuters reports that "Supreme Court hears Glaxo overtime pay case."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Christopher v. SmithKline Beecham Corp., No. 11-204.
Posted at 03:20 PM by Howard Bashman



"Death Row Inmate's Best Lawyer Was Himself": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 03:12 PM 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 today granted review in one case.
Posted at 10:01 AM by Howard Bashman


Sunday, April 15, 2012

"Undocumented immigrant seeks admission to Florida Bar; State Supreme Court to consider whether lack of legal status can bar FSU grad": This article will appear Monday in The South Florida Sun-Sentinel.
Posted at 07:50 PM by Howard Bashman


"Prosser asks two judges to drop out of ethics case": Friday's edition of The Milwaukee Journal Sentinel contained an article that begins, "State Supreme Court Justice David Prosser asked Chief Justice Shirley Abrahamson and Justice Ann Walsh Bradley to step aside in his ethics case Thursday in filings that accused Bradley of conducting a public-relations campaign against him." And yesterday's newspaper contained an article headlined "Justices disagree on ethics case's standing; Prosser, Abrahamson dispute phase of complaint amid demands for recusal."

Meanwhile, in other coverage, Bloomberg News reports that "Wisconsin High Court Judge Seeks Accuser's Recusal From Case."
Posted at 07:56 AM by Howard Bashman



"Supreme Court ruling vital to Indian health coverage; At stake are aspects of reform law to enhance access, behavioral care": This article appears today in The Sioux Falls (S.D.) Argus Leader.
Posted at 07:54 AM by Howard Bashman


"Supreme Court to hear Ariz. pharmaceutical case; It pits drugmakers, sales reps over OT": Today's edition of The Arizona Republic contains an article that begins, "A Mesa-based law firm will bring a case before the U.S. Supreme Court this week that could answer whether 90,000 pharmaceutical sales representatives nationwide are eligible for overtime pay."
Posted at 07:52 AM by Howard Bashman


"Under the U.S. Supreme Court: Do Arizona, Obamists even like each other?" Michael Kirkland of UPI has this report.
Posted at 07:44 AM by Howard Bashman


Saturday, April 14, 2012

"Mitt Romney, the Supreme Court's Best Friend? The Republican presidential candidate once worried about 'judicial activism,' but now 'judicial review' is the buzzword for Obama's opponents." Molly Ball has this article online at The Atlantic.

And in yesterday's edition of The Chicago Tribune, law professor Geoffrey R. Stone had an op-ed entitled "When is judicial activism appropriate?"
Posted at 10:50 PM by Howard Bashman



"Age discrimination case has been stressful for Iowan; His Supreme Court battle resulted in a tighter standard for proving age bias; Now, lawmakers are trying to change it back": The Des Moines Register contains this article today.
Posted at 10:45 PM by Howard Bashman


"Pa. appeals court upholds awarding of embryos to wife": This article appears today in The Philadelphia Inquirer reporting on a ruling that the Superior Court of Pennsylvania issued on Wednesday.
Posted at 10:44 PM by Howard Bashman


"Wal-Mart ruling that quashed many class actions helps bolster Merrill Lynch broker's case; Victory in federal appeals court surprises many legal experts": Ameet Sachdev will have this article Sunday in The Chicago Tribune.
Posted at 10:40 PM by Howard Bashman


Friday, April 13, 2012

"America's cowboy capitalism was long ago disarmed by a democratic process increasingly dominated by powerful groups with economic interests antithetical to competitors and consumers. And the courts, from which the victims of burdensome regulation sought protection, have been negotiating the terms of surrender since the 1930s." So writes D.C. Circuit Judge Janice Rogers Brown in a must-read concurring opinion issued today.
Posted at 07:54 PM by Howard Bashman


In commentary available online at The Atlantic: Law professor Lawrence Lessig has an essay entitled "Why Scalia Could Uphold Obamacare."

And law professor Jack M. Balkin has an essay entitled "How Obama Can Attack the Supreme Court -- and Win."
Posted at 07:46 PM by Howard Bashman



"If Health Insurance Mandates Are Unconstitutional, Why Did the Founding Fathers Back Them?" Law professor Einer Elhauge has this essay online at The New Republic.
Posted at 07:42 PM by Howard Bashman


"Judges sharply question EPA, petitioners during cross-state rule arguments": Lawrence Hurley of Greenwire has a report that begins, "In a vigorously contested oral argument, a federal appeals court today considered the legality of a key Obama administration regulation aimed at limiting air pollution that crosses state lines."
Posted at 03:28 PM by Howard Bashman


"Clemens Retrial Set to Begin With Prosecutors on Notice": This article appears today in The New York Times.
Posted at 11:12 AM by Howard Bashman


"Interview: How District Judge Jed Rakoff makes the calls." Reuters has this interesting report.
Posted at 11:10 AM by Howard Bashman


"Review of 28 of disgraced judge's cases finds no bias, impairment": Bill Rankin and Rhonda Cook have this article today in The Atlanta Journal-Constitution.

And The Associated Press reports that "Review finds judge showed no bias."
Posted at 11:08 AM by Howard Bashman



"Lawyers spar over funding in Guantanamo court; The legal team defending the Saudi man accused of planning the bombing of the USS Cole say they don't have adequate resources to prepare their case": Carol Rosenberg has this article today in The Miami Herald.
Posted at 10:44 AM by Howard Bashman


Thursday, April 12, 2012

"Public TV Political Ad Ban Unconstitutional, Court Rules": Bloomberg News has this report.

The "Media Decoder" blog of The New York Times has a post titled "Ruling Clears Way for Political Ads on Public Stations."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "9th Circuit: Public Radio, TV Stations Can Run Political Advertising."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 07:10 PM by Howard Bashman



Harvey Birdman loses Third Circuit appeal: The U.S. Court of Appeals for the Third Circuit issued this ruling today.
Posted at 04:17 PM by Howard Bashman


"Honoring O'Connor's Legacy at the Supreme Court": Adam Liptak has this post at "The Caucus" blog of The New York Times.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Women: The Power of Four."

C-SPAN provides access to the video of yesterday evening's event via this link.
Posted at 02:45 PM by Howard Bashman



"U.S. ban on political ads on public TV struck down": Jonathan Stempel and Terry Baynes of Reuters have a report that begins, "A divided U.S. appeals court struck down a federal ban on political advertising on public TV and radio stations, a decision that could open the public airwaves to a heavy dose of campaign ads leading up to the November elections."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:38 PM by Howard Bashman



"Calif high court rules in lunch break labor case": The Associated Press has a report that begins, "The California Supreme Court said Thursday that employers are under no obligation to ensure that workers take legally mandated lunch and rest breaks."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 01:40 PM by Howard Bashman



"Calif high court to decide lunch break lawsuit": The Associated Press has this report.
Posted at 07:35 AM by Howard Bashman


"Obama Won't Order Ban on Gay Bias by Employers": The New York Times contains this article today.
Posted at 07:34 AM by Howard Bashman


"One gay marriage case slowing": Lyle Denniston has this post at "SCOTUSblog."
Posted at 07:33 AM by Howard Bashman


"Gov. Christie's office continues search for new N.J. Supreme Court nominee": MaryAnn Spoto has this article today in The Newark Star-Ledger.
Posted at 07:32 AM by Howard Bashman


"In wake of 'Taj Mahal' scandal, Florida Supreme Court approves new lobbying rules for judges": This article appeared yesterday in The Tampa Bay Times.
Posted at 07:30 AM by Howard Bashman


"Women Supreme Court Justices Celebrate 30 Years Since Court's First Female": Mike Sacks of The Huffington Post has this report.
Posted at 07:28 AM by Howard Bashman


Wednesday, April 11, 2012

"4 Supreme Court women take same stage": The Associated Press has this report.
Posted at 11:35 PM by Howard Bashman


"MPAA: you can infringe copyright just by embedding a video." "ars technica" has this post about an appeal pending in the U.S. Court of Appeals for the Seventh Circuit.
Posted at 02:47 PM by Howard Bashman


"Agency and Equity: Why Do We Blame Clients for Their Lawyers' Mistakes?" Adam Liptak has this article in the April 2012 issue of the Michigan Law Review.
Posted at 02:42 PM by Howard Bashman


"Ross Guberman critiques the government's health care brief": This post appears today at "SCOTUSblog."
Posted at 12:44 PM by Howard Bashman


"Poll: More Americans expect Supreme Court's health-care decision to be political." Robert Barnes and Scott Clement have this article today in The Washington Post.
Posted at 12:33 PM by Howard Bashman


"Court restricts U.S. in Goldman programmer ruling": Reuters has a report that begins, "A federal appeals court set limits on the government's ability to prosecute alleged corporate espionage, in an opinion Wednesday explaining its February decision to throw out the conviction of a former Goldman Sachs Group Inc computer programmer."

You can access today's opinion of the U.S. Court of Appeals for the Second Circuit at this link.

Peter Lattman of The New York Times covered the Second Circuit's announcement of its decision in February 2012 in an article headlined "Government Dealt Setback in Case Against Ex-Goldman Programmer."
Posted at 11:03 AM by Howard Bashman



Access online the current installment of the "Appellate Issues" newsletter of the American Bar Association's Council of Appellate Lawyers: The Spring 2012 issue can be accessed here.
Posted at 09:25 AM by Howard Bashman


"Easton Area School District 'Boobies' appeal goes before federal court; Attorneys in Easton Area bracelet case argue over the meaning of the word, students' intent": Peter Hall has this article today in The Allentown Morning Call.

And The Associated Press reports that "Appeals court hears Pa. 'boobies' bracelets case."

I will provide a link to the audio of yesterday's oral argument once the U.S. Court of Appeals for the Third Circuit posts the file online.
Posted at 09:10 AM by Howard Bashman



Tuesday, April 10, 2012

"Court dismisses charges of computer-file pilfering": Bob Egelko of The San Francisco Chronicle has this news update.

Bloomberg News reports that "Checking Facebook at Work Isn't Crime, Appeals Court Rules."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Court Rebukes DOJ, Says Hacking Required to be Prosecuted as Hacker."

My earlier coverage of today's en banc Ninth Circuit ruling appears here and here.

Update: Ginny LaRoe of The Recorder reports that "With 9-2 Ruling, Circuit Narrows Scope of Computer Fraud and Abuse Act."
Posted at 07:18 PM by Howard Bashman



Congratulations to "The Volokh Conspiracy" blog on the occasion of its ten-year anniversary today! As noted here.

The "How Appealing" blog, by contrast, was fashionably late to the party and thus won't be celebrating its tenth anniversary until May 6, 2012.
Posted at 04:42 PM by Howard Bashman



"I Say Dissental, You Say Concurral": The Yale Law Journal Online has today posted this essay written by Ninth Circuit Chief Judge Alex Kozinski and attorney James Burnham.
Posted at 03:25 PM by Howard Bashman


"Court hears case of fired Fla. teacher": The Associated Press has a report that begins, " After fourth-grade teacher Jarretta Hamilton went to the principal of her Christian school with the news she was pregnant, he responded: You're fired. Her lawsuit against the school came before the 11th U.S. Circuit Court of Appeals on Tuesday, and the three-judge panel is wrestling with its decision."
Posted at 02:50 PM by Howard Bashman


"Federal anti-hacking prosecutions reined in by appeals court ruling": Howard Mintz of The San Jose Mercury News has this update.

My earlier coverage of today's en banc Ninth Circuit ruling can be accessed here.

Update: In other coverage, Terry Baynes and Jonathan Stempel of Reuters report that "Court narrows reach of computer fraud law."
Posted at 02:48 PM by Howard Bashman



"Fired SEC lawyer wins reversal in case over emails; Trial lawyer Jeffrey Norris had been fired in 2009; One email to Washington Post, another had secret report; Earlier emails questioned Mark Cuban's patriotism; US appeals court says new evidence should be reviewed": Jonathan Stempel of Reuters has a report that begins, "A longtime U.S. Securities and Exchange Commission trial lawyer who was fired for sending inappropriate emails deserves a chance to get his job back by presenting medical evidence that those actions won't happen again, a federal appeals court ruled."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 02:45 PM by Howard Bashman



"U.S. court rules Pfizer can face some asbestos suits": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:35 PM by Howard Bashman


"DOJ Urges D.C. Circuit to Support Cigarette Graphic Warning Labels": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

And The Associated Press reports that "Court weighs graphic health warnings on cigarettes."
Posted at 01:27 PM by Howard Bashman



"Many employers have adopted policies prohibiting the use of work computers for nonbusiness purposes. Does an employee who violates such a policy commit a federal crime? How about someone who violates the terms of service of a social networking website?" The U.S. Court of Appeals for the Ninth Circuit today has issued its en banc ruling in United States v. Nosal. Chief Judge Alex Kozinski wrote the majority opinion.

My earlier coverage of the case appears here, here, and here.
Posted at 01:09 PM by Howard Bashman



"Supreme Court misunderstanding on health overhaul?" The Associated Press has this report.
Posted at 01:05 PM by Howard Bashman


"First Amendment lawyer heads to Guantanamo to challenge closures; A consortium of media companies, including The Miami Herald, is protesting the Department of Defense decision to keep secret testimony regarding the detention and treatment of the alleged planner of the attack on the USS Cole": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:42 AM by Howard Bashman


"Circuit Sides with Anti-Bush Protesters Moved by Secret Service": Ginny LaRoe of The Recorder has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 11:40 AM by Howard Bashman


"False Equivalence Watch, Judiciary Edition: President Obama tried one kind of attack on judicial independence; The Republican candidates have been trying another. Both are bad -- but one is worse." Andrew Cohen has this essay online at The Atlantic.
Posted at 11:37 AM by Howard Bashman


"The University of Minnesota and the Supreme Court: too close for comfort? The University of Minnesota has two cases in the state Supreme Court this year -- for both, more than half of the justices won't have a say because of University-related conflicts of interest." Minnesota Daily contains this article today.
Posted at 08:17 AM by Howard Bashman


"Federal Court To Weigh Graphic Cigarette Labels": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

And today's edition of The New York Times contains an editorial entitled "Bogus Challenge to Cigarette Warnings."
Posted at 08:11 AM by Howard Bashman



"Bring the Justices Back to Earth": Law professor Paul D. Carrington has this op-ed today in The New York Times.
Posted at 08:09 AM by Howard Bashman


"Appeals court calls Iowa method to vet justices acceptable; Lawyers are in better position to evaluate nominees than the public, 8th Circuit says": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued yesterday.
Posted at 08:03 AM by Howard Bashman


"Rosetta Stone Trademark Claims Against Google Revived": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 07:56 AM by Howard Bashman


Monday, April 9, 2012

"A court's conundrum: When same-sex partners want to split." Tuesday's edition of The Washington Post will contain this article.
Posted at 11:54 PM by Howard Bashman


"Health-care law will add $340 billion to deficit, new study finds": This article will appear in Tuesday's edition of The Washington Post.
Posted at 11:50 PM by Howard Bashman


"Health-law challenger raises specter of campaign-finance case": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 11:40 PM by Howard Bashman


Programming note: It's opening day for the Philadelphia Phillies. As a result, additional posts will appear here this evening.
Posted at 10:45 AM by Howard Bashman


"Pioneer says birth control battle had a cost": The Associated Press has a report that begins, "Vice squad cops were waiting for Bill Baird that day and he knew it."
Posted at 09:18 AM by Howard Bashman


Sunday, April 8, 2012

"Report: Obamacare mandate isn't really an issue; Few Americans seen facing enrollment or penalty." The Washington Times has this report.

Today's edition of The San Francisco Chronicle contains an article headlined "Obama echoes conservatives on 'activist' court."

And at CNN.com, Kevin Liptak reports that "Former solicitors general weigh in on high court."
Posted at 10:25 PM by Howard Bashman



"Under the Supreme Court: High court agrees to consider corporate free speech." Nicole Debevec of UPI has this report.
Posted at 10:09 PM by Howard Bashman


"Under the U.S. Supreme Court: Getting naked down at the jail." Michael Kirkland of UPI has this report.

And at Bloomberg News, law professor Noah Feldman has an essay entitled "Strip-Search Case Reflects Death of American Privacy."
Posted at 10:01 PM by Howard Bashman



"Health-care arguments recall a Supreme Court case that is an equal-opportunity offender": Robert Barnes will have this article Monday in The Washington Post.
Posted at 09:03 PM by Howard Bashman


"Alabama a top stop for justices": The Associated Press has a report that begins, "The University of Alabama isn't an Ivy League law school like Yale or Harvard, yet few colleges are better at luring U.S. Supreme Court justices as speakers: Every current justice has either addressed 'Bama students or agreed to speak in coming years."
Posted at 09:00 PM by Howard Bashman


"Paul Clement: A high-profile lawyer who likes soccer and Nirvana." This item, in which the "How Appealing" blog is mentioned, appears in the Sunday Review section of today's edition of The New York Times.
Posted at 01:12 PM by Howard Bashman


Saturday, April 7, 2012

"Brown commutes sentence of woman convicted of killing grandson; Shirley Ree Smith was serving time for the Van Nuys death when an appeals court freed her; Then the Supreme Court ruled she should return to prison; Questions over whether the baby was shaken arose": Carol J. Williams has this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko has an article headlined "Woman gets clemency in death of infant grandson."

The Associated Press reports that "Calif. gov. commutes sentence in shaken baby case."

And at "SCOTUSblog," Lyle Denniston has a post titled "'Shaken baby' case -- An update."
Posted at 11:42 PM by Howard Bashman



Friday, April 6, 2012

"Seeking an End to an Execution Law They Once Championed": This article will appear Saturday in The New York Times.
Posted at 10:30 PM by Howard Bashman


"Md. high court hears lesbian divorce case": The Associated Press has a report that begins, "Lawyers for a lesbian couple told Maryland's highest court that the state routinely grants divorces for couples who married in other states, and same-sex divorces should be no different."
Posted at 03:47 PM by Howard Bashman


"Court rejects order for mentally ill housing in NY": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:20 PM by Howard Bashman


"Allies: Judge upset by Obama remarks not political." The Associated Press has this report, in which I am mentioned.

The AP's report quotes my "20 questions for the appellate judge" interview with Fifth Circuit Judge Jerry E. Smith. You can access the complete interview at this link.
Posted at 03:10 PM by Howard Bashman



"The 5th Circuit Court's insult to Obama": Law professor Laurence H. Tribe has this essay today at CNN.com.

In today's edition of USA Today, Richard Wolf has an article headlined "Other presidents took on high court before Obama."

And Politico.com has a report headlined "Jeffrey Toobin: Judges 'deranged' by Obama hatred."
Posted at 02:41 PM by Howard Bashman



"Md. high court poised to hear lesbian divorce case": The Associated Press has this report.
Posted at 09:40 AM by Howard Bashman


"At UK, Clarence Thomas talks about his upbringing, Supreme Court": This article appears today in The Lexington Herald-Leader.

And The Associated Press reports that "Thomas chides colleagues for too many questions."
Posted at 09:35 AM by Howard Bashman



"Sotomayor reflects on her law career; Justice's visit to Penn ends a week of celebrations to open a new hall": The Philadelphia Inquirer contains this article today.

And The Daily Pennsylvanian reports today that "Supreme Court Justice Sonia Sotomayor celebrates Penn Law makeover; The ceremony marked the opening of Golkin Hall, as well as a scholarship named in Sotomayor's honor."
Posted at 09:21 AM by Howard Bashman



"9th Circuit to investigate Cebull's email": This article appears today in The Great Falls (Mont.) Tribune.
Posted at 09:17 AM by Howard Bashman


Thursday, April 5, 2012

"Obama setting up Supreme Court as a campaign issue": Anne Gearan of The Associated Press has this report.

Online at The Washington Post, columnist Charles Krauthammer has an essay entitled "Obama v. SCOTUS."

And in yesterday's edition of The New York Times, columnist Maureen Dowd had an op-ed entitled "Men in Black."
Posted at 10:58 PM by Howard Bashman



"Viacom video lawsuit vs Google's YouTube revived": Reuters has this report. In addition, Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report headlined "2nd Circ. to Internet (and YouTube): You can't knowingly infringe."

Bloomberg News reports that "Viacom's Copyright Suit Against Google's YouTube Reinstated."

The Associated Press reports that "NY appeals court reinstates case against YouTube."

And at Wired.com's "Threat Level" blog, Ryan Singel has a post titled "Appeals Court Revives Viacom's Billion-Dollar YouTube Lawsuit."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:12 PM by Howard Bashman



"Administration Concedes Courts' Review Power": The New York Times has this news update.

Jerry Markon of The Washington Post has a news update headlined "In letter to judge, Holder defends Obama's comments urging Supreme Court to uphold health-care law."

Pete Yost of The Associated Press reports that "Holder assures judge of administration's respect."

Jeremy Pelofsky and James Vicini of Reuters report that "Obama seeks to defuse healthcare row with court."

Bloomberg News reports that "Holder Memo Says Obama Didn't Question Powers of Courts."

Warren Richey of The Christian Science Monitor reports that "Holder answers judge, defending both judiciary and Obama health care remarks."

Josh Gerstein of Politico.com reports that "Eric Holder defends Obama's SCOTUS comments."

Mike Sacks of The Huffington Post reports that "Eric Holder Clarifies President Obama's Supreme Court Comments In Letter To Lower Court."

At "SCOTUSblog," Lyle Denniston has a post titled "Holder reaffirms Marbury."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "AG Eric Holder to 5th Circuit: We're aware of Marbury v. Madison."

You can access the letter that Attorney General Eric H. Holder, Jr. sent today to a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:20 PM by Howard Bashman



"Analysis: Justice Kagan -- Giving liberals a rhetorical lift." Joan Biskupic of Reuters has this report.
Posted at 07:30 PM by Howard Bashman


Programming note: Due to today's college visit, which will bring us back to the Fourth Circuit, additional posts will appear here this evening.
Posted at 08:27 AM by Howard Bashman


"White House seeks to head off showdown with judges over health-care comments": Warren Richey of The Christian Science Monitor has this report.
Posted at 07:54 AM by Howard Bashman


"Courts orders gun show owners, Calif. county to mediate dispute": Carol J. Williams has this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Alameda County gun ban sent to arbitration."

And Howard Mintz of The San Jose Mercury News reports that "Alameda County gun show case may end without definitive legal shot fired."

You can access yesterday's order of an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:46 AM by Howard Bashman



"Appeals Court Hears Arguments on Gay Marriage Law": This article appears today in The New York Times.

And David G. Savage of The Los Angeles Times reports that "Appeals court hearing challenge to Defense of Marriage Act."
Posted at 07:36 AM by Howard Bashman



"Robert R. Beezer, Conservative Voice on Liberal Court, Dies at 83": The New York Times contains this obituary today.
Posted at 07:32 AM by Howard Bashman


"Court's Potential to Goad Voters Swings to Democrats": This article appears today in The New York Times.
Posted at 07:30 AM by Howard Bashman


Wednesday, April 4, 2012

"President Obama Locks Horns With Chief Justice Roberts Over Health Care Case": Mike Sacks of The Huffington Post has this report.
Posted at 11:46 PM by Howard Bashman


"'Embarrass the Future?'" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 10:09 PM by Howard Bashman


"Obama's high court row recalls previous battles": James Vicini of Reuters has this report.
Posted at 06:20 PM by Howard Bashman


"Pentagon approves 9/11 death penalty trial; Khalid Sheik Mohammed and four other detainees in Guantanamo Bay will soon be presented with charges, then face a joint trial before a military commission": Carol Rosenberg of The Miami Herald has this news update.

The Washington Post has a news update headlined "Khalid Sheik Mohammed to face death penalty trial."

The Los Angeles Times has a news update headlined "Accused Sept. 11 plotters to face death penalty trial at Guantanamo."

And The Associated Press reports that "Sept. 11 trial to resume at Guantanamo."
Posted at 04:05 PM by Howard Bashman



"Boston federal court hears appeals over anti-gay marriage law": Reuters has this report.

The U.S. Court of Appeals for the First Circuit has made available online all but the first 18 minutes of today's oral argument via this link.

Update: In other coverage, The Associated Press reports that "Boston appeals court hears gay-marriage law case."

And The Boston Globe has a news update headlined "Lawyers joust over Defense of Marriage Act in Boston federal appeals court."
Posted at 02:44 PM by Howard Bashman



"US attorney general says courts have 'final say'": The Associated Press has a report that begins, "U.S. Attorney General Eric Holder says the Justice Department will respond 'appropriately' to a federal appellate judge in Texas who demanded a letter recognizing the authority of the federal courts to strike down laws passed by Congress."

And The Chicago Tribune has a news update headlined "Holder backs Obama, to outline Justice Dept. stand on health care."
Posted at 02:34 PM by Howard Bashman



"For Barack Obama, Law Professor, the Time to Lecture Is Now; The president has been criticized for defending the health-care law while the Supreme Court is still in session; But perhaps, like Roosevelt 75 years ago, he should be even more vocal": Andrew Cohen has this essay online at The Atlantic.
Posted at 12:20 PM by Howard Bashman


"Gay Marriage Lawsuit Presses For Survivor Benefits": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:18 PM by Howard Bashman


"Appeals court fires back at Obama's comments on health care case": Jan Crawford of CBS News had this post yesterday at her "Crossroads" blog. And this morning, she has a follow-up report headlined "Obama court comments create stir."

The Associated Press reports that "Judge upset by Obama's comments on health care law."

Sam Stein of The Huffington Post reports that "Obama's Supreme Court Comments Prompt GOP Worries About Judicial Independence."

And in related coverage, The Washington Times reports today that "Obama softens attack on Supreme Court's impending health-care decision; Tones down rhetoric on 'unelected' judges."
Posted at 10:28 AM by Howard Bashman



Tom Goldstein of "SCOTUSblog" appeared on yesterday's broadcast of "The Daily Show with Jon Stewart": You can access the video online here and here.
Posted at 10:14 AM by Howard Bashman


"Visiting MU, Justice Kagan tells of hunting with Scalia; U.S. justice says Supreme Court collegial despite divided decisions": This article appears today in The Milwaukee Journal Sentinel.
Posted at 10:08 AM by Howard Bashman


"Boston appeals court hears gay-marriage law case": The Associated Press has this report.
Posted at 10:02 AM by Howard Bashman


Tuesday, April 3, 2012

"The flawed case against Donald Verrilli": James A. Feldman has this essay online at The Washington Post.
Posted at 01:52 PM by Howard Bashman


"The Losing Argument For the Defense of Marriage Act; As he defends the federal gay marriage ban, Solicitor General Paul Clement wants you to forget everything he said last week about the federal health care law": Andrew Cohen has this essay online at The Atlantic.
Posted at 01:27 PM by Howard Bashman


"Leahy Presses DOJ on 'Potentially Misleading' Statement in Immigration Case": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 01:20 PM by Howard Bashman


"Advocate in Health Care Cases Predicts His Own Defeat": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:17 AM by Howard Bashman


"President Confident Health Law Will Stand": The New York Times contains this article today.

The Washington Post reports today that "Obama 'confident' Supreme Court will uphold health care law."

Richard Wolf and David Jackson of USA Today report that "Obama warns against 'judicial activism' on health care law."

Warren Richey of The Christian Science Monitor has an article headlined "Would overturning health-care reform be 'judicial activism'? For the Supreme Court to strike down health-care law, including its key individual mandate, smacks of the judicial activism typically denounced by conservatives, President Obama says."

Politico.com reports that "Obama, the left take on Supreme Court."

The Associated Press reports that "Obama confident health care law will be upheld."

Bloomberg News reports that "Obama Says Court Overturning Health-Care Law Would Be 'Activism.'"

Reuters reports that "Obama takes a shot at Supreme Court over healthcare."

Yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Obama 'Confident' Health Care Law Will Be Upheld."

At "SCOTUSblog," Lyle Denniston has a post titled "President lobbying the Court?"

And The Wall Street Journal contains an editorial entitled "Obama vs. Marbury v. Madison: The President needs a remedial course in judicial review."
Posted at 10:58 AM by Howard Bashman



"A Prosecutor Makes The Case For Military Trials": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:40 AM by Howard Bashman


"Ban on racial preferences in California university admissions upheld; A three-judge panel of the U.S. 9th Circuit Court of Appeals upholds an earlier ruling, rejecting the plaintiffs' contention that the ban violates the Equal Protection Clause of the 14th Amendment": Carol J. Williams has this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko has an article headlined "Affirmative action: Attempt to lift ban rejected."

Howard Mintz of The San Jose Mercury News reports that "California affirmative action ban challenge rejected."

Warren Richey of The Christian Science Monitor has an article headlined "Groundhog Day in court? California ban on affirmative action is upheld. Again. A three-judge panel from the Ninth US Circuit cited a 1997 appeals court decision upholding the affirmative action ban, which led to a sharp decline in minority enrollment at California state universities."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Court Upholds California Ban on Race Preferences, Again."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:27 AM by Howard Bashman



"Justices wade into dispute between Army Corps, Ark. over flooded habitat": Lawrence Hurley of Greenwire has this report.
Posted at 10:07 AM by Howard Bashman


"Burlington County man loses Supreme Court decision on strip searches": This article appears today in The Philadelphia Inquirer.

The Newark (N.J.) Star-Ledger reports today that "U.S. Supreme Court rules detainees can be strip-searched without cause."

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Jail strip searches OKd, even for minor offenses."

From National Public Radio, on yesterday evening's broadcast of "All Things Considered," Nina Totenberg had an audio segment entitled "Supreme Court OKs Strip Searches For Minor Offenses." And on today's broadcast of "Morning Edition," Totenberg had an audio segment entitled "Supreme Court Rules On Strip Search Issue."
Posted at 09:58 AM by Howard Bashman



"Robert R. Beezer dies at 83; judge on 9th Circuit Court of Appeals; Beezer, who was appointed to the appeals bench in 1984 by President Reagan, was author of landmark decisions on judicial authority and digital media sharing": Carol J. Williams is the author of this obituary published in today's edition of The Los Angeles Times.

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued a news release headlined "Ninth Circuit Court of Appeals Mourns Passing of Judge Robert R. Beezer."
Posted at 09:54 AM by Howard Bashman



Monday, April 2, 2012

"Sotomayor gives no hints on health care decision": The Associated Press has this report.
Posted at 11:57 PM by Howard Bashman


"Supreme Court Ruling Allows Strip-Searches for Any Arrest": Adam Liptak will have this article Tuesday in The New York Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court upholds jail strip searches, including for minor offenses."

In Tuesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court upholds strip-searches for jail inmates; In a 5-4 ruling, justices say it's more important to screen out weapons and drugs than to preserve the privacy of those arrested."

In Tuesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Jail Strip-Searches Allowed."

Warren Richey of The Christian Science Monitor reports that "Supreme Court approves strip searches for minor offenses; Jail officials are justified in performing strip searches as a reasonable precaution to maintain safety and order at their facilities, the Supreme Court said Monday."

Mark Sherman of The Associated Press reports that "Supreme Court OKs routine jailhouse strip searches."

James Vicini of Reuters reports that "Supreme Court upholds jail strip-searches."

Greg Stohr of Bloomberg News reports that "Jailhouse Strip Searches Backed by U.S. Supreme Court Ruling."

Mike Sacks of The Huffington Post reports that "Supreme Court OKs Strip Searches Without Suspicion For New Jail Inmates."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Routine jail strip searches OK."
Posted at 11:54 PM by Howard Bashman



"Justices' Cerebral Combativeness on Display": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

And Charles Lane of The Washington Post has an essay entitled "The war on terror and Obamacare: Mirror images."
Posted at 11:07 PM by Howard Bashman



"Heavy Burden: The Supreme Court's contempt for Congress." Jeffrey Toobin has this essay in the April 9, 2012 issue of The New Yorker.

Online at Slate, Eliot Spitzer has an essay entitled "Why Conservatives Shouldn't Gloat Yet: The right is giddy after last week's Supreme Court arguments on Obamacare; Their glee may come back to haunt them."

At "Above the Law," Christopher Danzig has a blog post titled "ATL Interview: Carter Phillips Talks About the Obamacare Arguments."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report headlined "Meet the Massachusetts man who teed up the healthcare challenge."
Posted at 10:54 PM by Howard Bashman



Programming note: My son is on spring break this week, meaning it's time for a couple more college visits. Today we will be in New York City visiting my undergraduate alma mater.

The U.S. Supreme Court is scheduled to issue an Order List today, which should be available at this link shortly after 10 a.m. eastern time. In addition, the Court will issue one or more rulings in argued cases today. Once the Court posts the opinion(s) online moments after they are announced, you can access them via this link.

Additional posts will appear here this evening.
Posted at 07:30 AM by Howard Bashman



Sunday, April 1, 2012

"Biden says Supreme Court will uphold health-care law": Monday's edition of The Washington Post will contain this article.
Posted at 11:22 PM by Howard Bashman


"To Enroll More Minority Students, Colleges Work Around the Courts": This article will appear Monday in The New York Times, along with an article headlined "At the University of Texas, Admissions as a Mystery."
Posted at 11:18 PM by Howard Bashman


"Under the U.S. Supreme Court: Defending property from the EPA." Michael Kirkland of UPI has this report.
Posted at 01:52 PM by Howard Bashman


"Signs of Supreme Court activism worry Reagan administration lawyers; Advocates of judicial restraint say conservative justices should be wary of the impulse to strike down the healthcare law passed by Congress": David G. Savage has this article today in The Los Angeles Times.

And The Associated Press has a report headlined "Obama's insurance requirement not the only mandate."
Posted at 01:34 PM by Howard Bashman



"Police Are Using Phone Tracking as a Routine Tool": Eric Lichtblau has this front page article today in The New York Times.
Posted at 01:24 PM by Howard Bashman


"The Roberts Court Defines Itself": This editorial appears today in The New York Times.
Posted at 01:12 PM by Howard Bashman


"Gay marriage law heads to appeals court in Mass." The Associated Press has a report that begins, "A legal battle over a law that denies federal benefits to married gay couples is headed to a federal appeals court in Massachusetts, the first state in the nation to legalize gay marriage."
Posted at 09:33 AM by Howard Bashman


"U.S. Supreme Court: Trial court must hear merits of 'Israel' documents issue." Harriet Robbins Ost of UPI has this report.
Posted at 09:02 AM by Howard Bashman


"Congress gets rough treatment at Supreme Court": Mark Sherman of The Associated Press has this report.
Posted at 09:00 AM by Howard Bashman






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