How Appealing

Thursday, January 31, 2013

"Oprah Talks to Sonia Sotomayor": The O Magazine article is now available online at this link.

And the February 2, 2013 issue of The Economist contains a review of Justice Sotomayor's book headlined "Before judgment days: America's first Hispanic Supreme Court justice recounts her youthful struggles."
Posted at 10:22 PM by Howard Bashman



"Patrick Fitzgerald takes on Socrates in mock trial": The Associated Press has this report, which notes that "Among the judges presiding over the retrial [will] be Richard Posner, who sits on the 7th U.S. Circuit Court of Appeals."
Posted at 05:38 PM by Howard Bashman


"Obama nominates Wyoming attorney general for appeals court": The Casper (Wyo.) Star-Tribune has this news update.

My earlier coverage of today's U.S. Court of Appeals nominations can be accessed here.
Posted at 04:12 PM by Howard Bashman



"Sonia Sotomayor's Best Seller": Lincoln Caplan has this post today at the "Taking Note" blog of The New York Times.

And the Pasadena Weekly has posted online a written interview with Justice Sotomayor headlined "The World According To Sonia."
Posted at 04:03 PM by Howard Bashman



"Access to Court Opinions Expands": The U.S. Courts web site posted this item today.
Posted at 03:46 PM by Howard Bashman


"Sotomayor notes one 'over the edge' criticism from a fellow justice, but there's no hard feelings": Stephanie Francis Ward has this post at the ABA Journal's "Law News Now" blog.
Posted at 02:26 PM by Howard Bashman


"The Supreme Court's War on the Twentieth Century": Law professor Bruce Ackerman has this blog entry today at The Huffington Post.
Posted at 02:20 PM by Howard Bashman


Access online the midday updates on the criminal trial underway against suspended Pa. Supreme Court Justice Joan Orie Melvin and one of her sisters: Updates are available from The Pittsburgh Tribune-Review and The Pittsburgh Post-Gazette.
Posted at 01:42 PM by Howard Bashman


"President Obama Nominates Two to Serve on the US Court of Appeals": The White House issued this news release today.

In early coverage, The Gazette of Cedar Rapids, Iowa has a news update headlined "Cedar Rapids attorney Jane Kelly nominated to federal appeals court; Federal public defender survived 2004 attack on Cedar Rapids recreational trail."

The other nominee announced today is Wyoming Attorney General Gregory A. Phillips to serve on the U.S. Court of Appeals for the Tenth Circuit.

Update: In other coverage, Todd Ruger of "The BLT: The Blog of Legal Times" has a post titled "Obama Nominates Two for Federal Appellate Judgeships."
Posted at 01:32 PM by Howard Bashman



"Wash. Supreme Court weighs in on 'phlegm-burger' served to cop": SeattlePI.com has this report.

My earlier coverage of today's ruling appears at this link.
Posted at 01:22 PM by Howard Bashman



"SCOTUSblog on camera -- Adam Liptak interview, Part Three": Today, "SCOTUSblog" has posted at this link part three of its interview with New York Times U.S. Supreme Court correspondent Adam Liptak.
Posted at 01:15 PM by Howard Bashman


"Senate Committee to Vote on Appeals Court Nominees, Again": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 01:11 PM by Howard Bashman


"U.S. appeals court denies Apple in Samsung patent fight": Dan Levine of Reuters has this report.
Posted at 01:08 PM by Howard Bashman


"'Not some god': Supreme Justice Sotomayor opens up to Chicago audience." The Chicago Tribune has this report.
Posted at 12:20 PM by Howard Bashman


"Ohio Supreme Court Justice William O'Neill dissents from death penalty ruling": The Cleveland Plain Dealer has an article that begins, "The Ohio Supreme Court's newest justice wants no part in scheduling state executions."
Posted at 12:16 PM by Howard Bashman


"Judge in 9/11 Case Orders End to Outside Government Censors": Charlie Savage of The New York Times has this news update.

Carol Rosenberg of The Miami Herald has a news update headlined "Guantanamo judge unplugs hidden censors from 9/11 trial."

The Associated Press reports that "Sept 11 case judge ousts Guantanamo gov't censor."

And Reuters has a report headlined "Remove secret censoring system from Guantanamo court, judge orders."
Posted at 12:08 PM by Howard Bashman



May a deputy sheriff recover damages from Burger King Corp. under Washington State's Product Liability Act by claiming that he suffers ongoing emotional distress from discovering that he was served a burger with phlegm inside the bun? The Supreme Court of Washington State decided that issue in a decision announced today on certified question from the U.S. Court of Appeals for the Ninth Circuit.

By a vote of 6-to-3, Washington State's highest court has ruled in favor of the deputy sheriff, holding that "The WPLA permits relief for emotional distress damages, in the absence of physical injury, caused to the direct purchaser by being served and touching, but not consuming, a contaminated food product, if the emotional distress is a reasonable response and manifest by objective symptomatology."

Today's ruling consists of a majority opinion and a dissenting opinion.

My earlier coverage of the Ninth Circuit's order certifying this question can be accessed here and here.
Posted at 11:54 AM by Howard Bashman



D.C. Court of Appeals affirms $750,000 award against Wilson Sporting Goods Co. and in favor of MLB umpire Ed Hickox, who was injured when a foul ball struck his umpire's mask: You can access today's ruling of the District of Columbia Court of Appeals at this link. Judge Roy W. McLeese III wrote the opinion on behalf of a unanimous three-judge panel.

Previously, "The BLT: The Blog of Legal Times" covered the jury's verdict in a post titled "MLB Umpire Injured by Foul Ball Awarded $775K in Suit Against Sporting Goods Company."

Today at that blog, Zoe Tillman has a post titled "Appeals Court Affirms $775K Judgment for Injured MLB Umpire."
Posted at 11:23 AM by Howard Bashman



"If the Court Strikes Down Section 5 of the Voting Rights Act: An Online Reuters Symposium." Rick Hasen has the links to the individual entries in this symposium in a post at his "Election Law Blog."
Posted at 09:16 AM by Howard Bashman


"The Word -- It Gets Worse: Pro-DOMA lawyer Paul Clement thinks the struggle for gay rights has just been too successful, so it therefore must end in failure." This video segment appeared on last night's broadcast of Comedy Central's "The Colbert Report."
Posted at 09:12 AM by Howard Bashman


"Activists Flood Government Agencies With FOIA Requests in Tribute to Aaron Swartz": Kim Zetter has this post at Wired.com's "Threat Level" blog.

Today's edition of The San Diego Union-Tribune contains an article headlined "Suicide prompts demand for answers."

Politico.com reports that "Online activists fret over extremism."

Online at Slate, Farhad Manjoo has an essay titled "How MIT Can Honor Aaron Swartz: Fight to make academic journals open to everyone."

And at The Huffington Post, Nathan Robinson has a blog entry titled "Prosecutors Sought 30 Years for Swartz's JSTOR Download, 35 for Headley's Mumbai Massacre."
Posted at 09:05 AM by Howard Bashman



"Health trust verdict overturned; Court rules against two districts in $8 million suit, but their lawyer says he'll appeal to state Supreme Court": The Times Leader of Wilkes-Barre, Pennsylvania contains this article today.

And today's edition of The Citizens' Voice of Wilkes-Barre, Pennsylvania contains an article headlined "Appeals court reverses health trust award for Dallas, Pittston Area."

My earlier coverage of yesterday's en Pa. Commonwealth Court ruling, in a case in which I am appellate counsel for the defendant-appellant, can be accessed here, here, and here.
Posted at 08:54 AM by Howard Bashman



"Judge Overrules Censors in Guantanamo 9/11 Hearing": Charlie Savage has this article today in The New York Times.
Posted at 08:50 AM by Howard Bashman


"Former staffer says she regularly scheduled political events for Melvin on state time": This article appears today in The Pittsburgh Tribune-Review.

In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article headlined "Pa. ex-Sen. Orie's staffers testify at Justice Melvin's trial."

And The Associated Press reports that "Aide to jailed Pa. Sen. says she worked for Melvin."
Posted at 08:44 AM by Howard Bashman



"Validity of Consumer Bureau at Stake in Legal Challenge": Bloomberg News has a report that begins, "A law firm sued by the Consumer Financial Protection Bureau over its treatment of struggling homeowners may be the first to contest the validity of Richard Cordray's status as the agency's director after a federal court's ruling on presidential appointees."
Posted at 08:35 AM by Howard Bashman


"Law Schools' Applications Fall as Costs Rise and Jobs Are Cut": Ethan Bronner has this front page article today in The New York Times.
Posted at 08:30 AM by Howard Bashman


"Senate Democracy Is Dead; Or at least seriously wounded by the failure of filibuster reform and the court ruling against the president's recess appointments": Law professor Akhil Reed Amar has this jurisprudence essay online at Slate.

Today's edition of The Washington Post contains an editorial titled "In appointment ruling, judges take a recess from common sense."

And online at Reuters, Andrew Blotky has an essay titled "Judicial overreach to redefine presidential power."
Posted at 08:22 AM by Howard Bashman



Wednesday, January 30, 2013

"Diminishing the Presidency: The overreaching White House has prompted a court to reverse nearly two centuries of constitutional practice." In Thursday's edition of The Wall Street Journal, law professor John Yoo will have an op-ed that begins, "A year ago this month, President Obama bypassed the Senate's advice-and-consent power by naming three new members to the National Labor Relations Board and appointing Richard Cordray to head the Consumer Financial Protection Bureau."

You can freely access the full text of the op-ed via Google News.
Posted at 10:44 PM by Howard Bashman



"Fixing the Judicial Clerkship Crisis": Aaron Zelinsky has this blog entry today at The Huffington Post.
Posted at 10:22 PM by Howard Bashman


"I really must protest the paltry and even silly treatment of the Scalia-Garner event in the January 29 edition": Bryan A. Garner has posted online this commentary regarding a recent article that The Dallas Morning News published.
Posted at 10:15 PM by Howard Bashman


"Rifle Group Loses Challenge to New Jersey Gun-Buying Law": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:01 PM by Howard Bashman


"Justice to SCOTUS: Don't allow direct corporate campaign spending." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:25 PM by Howard Bashman


"D.C. Circuit Rejects Law Clerk Hiring Plan": Matthew Huisman has this post at "The BLT: The Blog of Legal Times."
Posted at 04:23 PM by Howard Bashman


"Judge reminds Melvin attorney he's not in Philly": The Associated Press has a report that begins, "The judge at suspended state Supreme Court Justice Joan Orie Melvin's corruption trial has reminded her attorney that he's not trying the case in Philadelphia."
Posted at 03:30 PM by Howard Bashman


"Minnesota Supreme Court: Website comments about Duluth doctor not defamatory; Critical comments a patient's son made about a Duluth neurologist are not cause for a lawsuit, the Minnesota Supreme Court ruled": The Duluth News Tribune has this update.

The Minneapolis Star Tribune has a news update headlined "Duluth doctor's lawsuit against patient's son over online criticism dismissed."

And The Associated Press reports that "Minn. high court says online post legally protected."

You can access today's unanimous ruling of the Supreme Court of Minnesota at this link.
Posted at 02:18 PM by Howard Bashman



"Appeals court overturns Health Trust ruling": The Times Leader of Wilkes-Barre, Pennsylvania has this news update. [A later version of the article is headlined "Health Trust ruling likely headed to state's top court."]

My earlier coverage of today's en Pa. Commonwealth Court ruling, in a case in which I served as appellate counsel for the defendant-appellant, can be accessed here and here.
Posted at 02:06 PM by Howard Bashman



"Testimony: Pa. Senate worker spent half of 2003 working on Judge Orie Melvin's campaign." Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And The Pittsburgh-Tribune-Review is providing updates on today's trial proceedings via an article headlined "Former staffer says she regularly scheduled political events for Melvin on state time."
Posted at 02:03 PM by Howard Bashman



If you thought that The Los Angeles Times' coverage of Ninth Circuit Chief Judge Alex Kozinski was already too negative, just wait and see how it turns out to be going forward: Today's edition of The Los Angeles Times reports that "Tribune taps former FCC official Edward Lazarus as general counsel."

Judge Kozinski's harsh review of Lazarus's book "Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court" appeared in the January 1999 issue of the Yale Law Journal.

More recently, Emily Bazelon's profile of Judge Kozinski, which appeared in the January-February 2004 issue of Legal Affairs magazine, devoted four paragraphs to Judge Kozinski's "excoriation" of Lazarus.
Posted at 01:28 PM by Howard Bashman



Access online the State of California's opening brief on appeal from a preliminary injunction prohibiting enforcement of a state law banning therapies to change children's sexual orientation: Via the Ninth Circuit's web site, you can freely access the State of California's opening brief at this link. The brief was electronically filed in the Ninth Circuit on Monday of this week.
Posted at 01:12 PM by Howard Bashman


"[W]e have occasion here to address an issue of first impression in this circuit, namely whether a witness's testimony in disguise at trial violates the Confrontation Clause of the Sixth Amendment to the United States Constitution." So states an opinion that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

The unanimous panel proceeds to hold "that in this case, the disguise in the form of a wig and mustache did not violate the Confrontation Clause."
Posted at 01:08 PM by Howard Bashman



"$7.4 million health trust award overturned": The Citizens' Voice of Wilkes-Barre, Pennsylvania has this news update.

My earlier coverage of today's en Pa. Commonwealth Court ruling, in a case in which I served as appellate counsel for the defendant-appellant, can be accessed here.
Posted at 01:02 PM by Howard Bashman



"Texas Supreme Court Justice Don Willett: master of the Twitterverse." Angela Morris has this post at the "Tex Parte Blog" of Texas Lawyer.
Posted at 12:50 PM by Howard Bashman


"The Law Clerk Hiring Plan: Really, Really Dead Now." David Lat has this post at "Above the Law."
Posted at 12:48 PM by Howard Bashman


"DOJ/FDA Brief in SCOTUS Generic Drug Preemption Case Hands Plaintiffs New Liability Theories": Richard Samp of the Washington Legal Foundation has this blog post at Forbes.com.
Posted at 12:44 PM by Howard Bashman


"SCOTUSblog on camera -- Adam Liptak interview, Part Two": Today, "SCOTUSblog" has posted at this link part two of its interview with New York Times U.S. Supreme Court correspondent Adam Liptak.
Posted at 12:34 PM by Howard Bashman


"Guantanamo Lawyers Seeking 48-Hour Visits": Charlie Savage has this article in today's edition of The New York Times.

And online at The New Yorker, Amy Davidson has a blog post titled "A Red Light at Guantanamo."
Posted at 11:46 AM by Howard Bashman



Unanimous en banc Pa. Commonwealth Court ruled in my client's favor today in an appeal that I argued last month: You can access today's ruling of the Commonwealth Court of Pennsylvania at this link.

I previously previewed the oral argument in a post that you can access here. That post provided access to the Brief for Appellant and Reply Brief for Appellant that I filed on my client's behalf, together with the trial court's ruling and earlier news coverage of the trial court's ruling.
Posted at 11:30 AM by Howard Bashman



"Boston College asks court to throw out ruling on IRS tapes, citing death of IRA veteran": The Associated Press has a report that begins, "Boston College wants a federal appeals court to throw out a ruling that orders the college to turn over audiotaped interviews with former members of the Irish Republican Army, citing the death of a key figure in the legal battle."
Posted at 10:37 AM by Howard Bashman


"United States Supreme Court Undergoes Facelift with Help from Merritt Graphics; Merritt Graphics Contracted for Mesh Replica of US Supreme Court": You can access the company's press release at this link.
Posted at 09:00 AM by Howard Bashman


"Massachusetts Supreme Judicial Court upholds state's gun storage law, rejects challenge by Springfield man": The Republican of Springfield, Massachusetts has this report.

My earlier coverage of yesterday's rulings appears at this link.
Posted at 08:57 AM by Howard Bashman



"Oil-and-gas lobby might take ethanol fight to Supreme Court": The Hill has this blog post.
Posted at 08:52 AM by Howard Bashman


"California prisons: Federal judges give governor, prison officials extra six months to end overcrowding." Howard Mintz of The San Jose Mercury News has this report.

And in today's edition of The Sacramento Bee, Sam Stanton and Denny Walsh have a front page article headlined "U.S. judges give California six more months to cut inmate population."
Posted at 08:42 AM by Howard Bashman



"Feds stumbling after Anonymous launches 'Operation Last Resort'; The U.S. Department of Justice still has two Federal websites down since Friday when Anonymous launched 'Operation Last Resort' demanding legal reform": ZDNet has this report.

Today's edition of The Los Angeles Times contains an article headlined "A martyr in the fight for free online access to research; By killing himself, Internet activist Aaron Swartz has heated up the battle over whether the works of scientists and scholars should be available for free."

The Vancouver Observer has an article headlined "How Aaron Swartz paved way for Jack Andraka's revolutionary cancer test; Jack Andraka's studies about pancreatic cancer would have never come about were it not for open access to online journals -- the very thing Aaron Swartz was promoting before his death."

And the blog "Main Justice" has a post titled "With Bipartisan Letter on Swartz, Criticism of Plea Bargain Tactics Gains New Prominence."
Posted at 08:34 AM by Howard Bashman



"Former Michigan Justice Hathaway admits fraud, may face jail time": The Detroit News contains this article today.

And today's edition of The Detroit Free Press contains an article headlined "Retired Michigan Supreme Court Justice Diane Hathaway admits fraud in house sale."
Posted at 08:24 AM by Howard Bashman



"Pennsylvania Justice Melvin's defense grills central witness; Corruption trial focuses on aide's inconsistencies": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

And today's edition of The Pittsburgh Tribune-Review contains an article headlined "Orie aide's testimony on emails assailed."
Posted at 08:20 AM by Howard Bashman



"U.S. court rejects Apple's bid to raise damages in Samsung case": Reuters has this report.

The Associated Press reports that "Judge rejects Apple's patent award demands."

Bloomberg News reports that "Apple's $1 Billion Verdict Against Samsung Left Intact."

And the blog "Foss Patents" has a post titled "Judge, unlike jury, finds Samsung's infringement of Apple's patents was not willful."
Posted at 08:14 AM by Howard Bashman



Tuesday, January 29, 2013

"Christian school's lawsuit may test court ruling": The Associated Press has a report that begins, "A lawsuit by a Southern California Christian school against two former teachers who refused to provide proof of their faith could pose one of the first court tests of a U.S. Supreme Court ruling on religious freedom."
Posted at 10:00 PM by Howard Bashman


"Committee keeps law allowing people to sue others for breaking up their marriage": The Argus Leader of Sioux Falls, South Dakota has this news update.

And The Associated Press reports that "SD senator seeks to get rid of alienation lawsuits."
Posted at 09:44 PM by Howard Bashman



"Should Federal Circuit hear standard essential antitrust appeals?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:22 PM by Howard Bashman


"A new gun rights issue arises": Lyle Denniston has this post at "SCOTUSblog."

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

Update: In other coverage, The Associated Press reports that "Sandra Day O'Connor steps carefully in NY gun case."

And Nate Raymond of Reuters reports that "2nd Circuit sends gun case to N.Y.'s top court."
Posted at 06:14 PM by Howard Bashman



"US gay marriage foes suffer from fundraising shortfall; Urgent call to donors ahead of March Supreme Court arguments; Mormon fundraising falls off after 2008 California battle; Big donor sees 'intensity of anger' over gay marriage issue": Dan Levine and Peter Henderson of Reuters have this report.
Posted at 05:40 PM by Howard Bashman


"Mass. high court upholds gun storage law": The Associated Press has a report that begins, "The highest court in Massachusetts has rejected challenges to a state law that requires gun owners to keep their weapons in a locked container or equipped with a safety device."

You can access today's rulings of the Supreme Judicial Court of Massachusetts in two related cases here and here.
Posted at 04:39 PM by Howard Bashman



"Notice Regarding Law Clerk Hiring By D.C. Circuit Judges for the 2014-2015 Term": The U.S. Court of Appeals for the D.C. Circuit has posted this notice online.
Posted at 04:35 PM by Howard Bashman


"Portland lawyer reconsidered for federal bench": Today's edition of The Portland (Me.) Press Herald contains an article that begins, "The U.S. Senate Judiciary Committee on Thursday will consider the renomination of William Kayatta to the 1st Circuit Court of Appeals on Thursday."
Posted at 04:23 PM by Howard Bashman


"Attorney for suspended Justice Orie Melvin highlights witness' inconsistencies": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And The Pittsburgh Tribune-Review has a news update headlined "Attorney reviewing dozens of email exchanges with Pavlot at Melvin trial."
Posted at 04:22 PM by Howard Bashman



"Truth and justice are elusive in Chevron Ecuador case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:15 PM by Howard Bashman


"Guantanamo judge says 'external body' was wrong to censor war court": Carol Rosenberg of The Miami Herald has this news update.

Ryan J. Reilly of The Huffington Post reports that "Guantanamo Censor Remains Mysterious After Sept. 11 Hearing."

And in somewhat related news, Reuters reports that "Guantanamo defense lawyers want prison camp sleep-over."
Posted at 04:08 PM by Howard Bashman



"A Clinic's Place in the Supreme Court Bar": Law professor Jeffrey L. Fisher has this article in the January 2013 issue of the Stanford Law Review.
Posted at 02:37 PM by Howard Bashman


In appeal asserting that New York State's ban on home handgun possession by part-time state residents violates the Second Amendment, Second Circuit certifies predicate question to New York State's highest court: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit, written by retired Justice Sandra Day O'Connor sitting by designation, at this link.

Attorney Paul D. Clement argued the case for the plaintiff-appellant, whose opening brief you can access here.
Posted at 01:44 PM by Howard Bashman



"From Fighting Same-Sex Marriage to Forging a Pro-Marriage Coalition for All": Wednesday's edition of The New York Times will contain an article that begins, "David Blankenhorn, a traditional-marriage advocate and star witness in the Proposition 8 trial in California in 2010, shocked his allies with an Op-Ed article in The New York Times last June announcing that he was quitting the fight against same-sex marriage."
Posted at 01:27 PM by Howard Bashman


"Congress Demands DoJ Explain Prosecution of Aaron Swartz": Kim Zetter has this post today at Wired.com's "Threat Level" blog.

And today at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Congress Weighs in on DOJ's Handling of Swartz Prosecution."
Posted at 01:12 PM by Howard Bashman



"Senate committee backs bill to make cohabitation legal; Breaking 19th-century law is still a misdemeanor punishable by $500 fine": Today's edition of The Richmond Times-Dispatch contains an article that begins, "In 1877 in Virginia, it was considered 'lewd and lascivious' for two adults who were not married to cohabitate -- and it was a crime. In 2013, it still is."
Posted at 01:08 PM by Howard Bashman


"Former Michigan Supreme Court Justice Diane Hathaway pleads guilty to felony bank fraud": The Detroit Free Press has this news update.

The Detroit News has an update headlined "Hathaway pleads guilty to bank fraud charge."

And The Associated Press reports that "Ex-Mich. justice pleads guilty to bank fraud."
Posted at 01:04 PM by Howard Bashman



"SCOTUSblog on camera -- Adam Liptak interview part one." "SCOTUSblog" has this post.
Posted at 11:26 AM by Howard Bashman


"Sonia Sotomayor talks affirmative action in San Francisco": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "Supreme Court Justice Sonia Sotomayor, in town Monday to promote her newly released memoir, said she couldn't talk about affirmative action because of a pending court case. In the next breath, she talked about what it had meant to her -- admission to Princeton and Yale Law School and the launching of a legal career."
Posted at 10:30 AM by Howard Bashman


"Workers Griping by Facebook May Lose Jobs After Ruling": Brian Wingfield of Bloomberg News has a report that begins, "Workers who gripe about the boss or their colleagues on Facebook may again be at risk of getting fired unless a U.S. appeals court decision is reversed."
Posted at 10:24 AM by Howard Bashman


Available online from The New Republic: Law professor Jeffrey Rosen has an essay titled "The War Over Recess Appointments Is Not for the Supreme Court to Settle; Last week's decision threatens to resurrect Bush v. Gore-style judicial activism with a vengeance."

And Timothy Noah has an essay titled "Don't Ban Recess Appointments! The D.C. Circuit presumes to know the original meaning of the Constitution better than the Founding Fathers."
Posted at 10:20 AM by Howard Bashman



"A Judicial Atrocity": Online today at The New Yorker, Jeffrey Toobin has a blog post that begins, "Right-wing judicial activism has been ascendant in recent years."
Posted at 09:55 AM by Howard Bashman


"Obama lawyers to argue recess appointments again in March": David Ingram and Aruna Viswanatha of Reuters have this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Spreading challenge to appointment power."
Posted at 08:47 AM by Howard Bashman



"Supreme Court Justice Scalia offers perspective on the law at SMU lecture": This article appears today in The Dallas Morning News.
Posted at 08:45 AM by Howard Bashman


"At Guantanamo, a minor mystery as audio, video feeds are cut at hearing": Peter Finn has this article today in The Washington Post.
Posted at 08:44 AM by Howard Bashman


"Orie aide tells jury of work done for judicial sister; Campaign-related duties are detailed": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

The Pittsburgh Tribune-Review reports today that "Pavlot's testimony addresses heart of case against Melvin."

And The Associated Press has a report headlined "Sen. Orie chief: Orders from Melvin to be followed."
Posted at 08:40 AM by Howard Bashman



"House panel demands answers regarding Swartz prosecution; Letter to Attorney General Eric Holder says committee has 'many questions' about the Justice Department's handling of prosecution of the Internet activist, who committed suicide earlier this month": c|net has this report.

The blog "Main Justice" has a post titled "White House Petition to Fire Boston AUSA over Swartz Probe Lags."

In today's edition of The Boston Globe, columnist Kevin Cullen has an essay titled "When judgment comes with wisdom" that begins, "Before there was Aaron Swartz, there was David LaMacchia."

At "Boing Boing," Cory Doctorow has a post titled "Aaron Swartz's San Francisco memorial will make you stand up and salute." That post provides access to video of the memorial, which you can also access here and here.

And The Huffington Post has an item headlined "Read Aaron Swartz's Afterword From Cory Doctorow's 'Homeland.'"
Posted at 08:33 AM by Howard Bashman



Monday, January 28, 2013

Justice Sonia Sotomayor's "My Beloved World" will debut at number one on the February 3, 2013 New York Times hardcover nonfiction best sellers list: You can view the list at this link.
Posted at 11:12 PM by Howard Bashman


"9/11 relatives, defense attorneys share emotional meeting; For 90 minutes, family members of 9/11 victims met with the lawyers who are defending the men accused of planning the attacks that killed almost 3,000 people": Carol Rosenberg of The Miami Herald has this report, along with an article headlined "Strange censorship episode at Guantanamo enrages judge; Unseen monitor censors public's view of war court, which surprises and angers the judge during hearings in the death-penalty case of accused 9/11 planners."

Ryan J. Reilly of The Huffington Post reports that "Guantanamo Secret Censor Frustrates Judge In 9/11 Case."

And Bloomberg News reports that "Terror Court Hearing Ends With Lawyer Trust Complaints."
Posted at 11:09 PM by Howard Bashman



"Special court session held in honor of federal judge at Portland's Pioneer Courthouse": The Oregonian has a news update that begins, "The 9th U.S. Circuit Court of Appeals held a special session Monday in memory of Judge Otto R. Skopil Jr., described by his friends and colleagues as a charismatic man who worked diligently to improve the atmosphere of the courtroom."

Today, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled "Colleagues Gather to Remember Ninth Circuit Judge Otto R. Skopil, Jr."
Posted at 10:58 PM by Howard Bashman



"'Judicial icon' had wide impact": The front page of today's edition of The Richmond Times-Dispatch contains an obituary that begins, "Harry L. Carrico was known as a gentleman and expected the same from those who came through his court. His service on the bench spanned nearly eight decades, including a 50-year-plus career as a justice on the Supreme Court of Virginia, including 22 years as chief justice until his retirement in 2003."

And The Washington Post has an obituary headlined "Harry L. Carrico, Virginia Supreme Court justice, dies at 96."
Posted at 10:53 PM by Howard Bashman



"Ex-chief of staff for Jane Orie takes stand in corruption trial of Justice Joan Orie Melvin": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.
Posted at 10:46 PM by Howard Bashman


"Courts? Who Listens to Courts? The NLRB tells the D.C. Circuit to take a hike." This editorial will appear Tuesday in The Wall Street Journal.

You can freely access the full text of the editorial via Google News.
Posted at 10:44 PM by Howard Bashman



"Homebuyer Appeals to Pa. Supreme Court on Her Home's Bloody Past": ABC News has a report that begins, "A Pennsylvania woman has appealed to the state Supreme Court in her suit against a home seller and real estate agent who failed to disclose that a murder-suicide had taken place in the home she purchased."

My earlier coverage of the case appears at this link.
Posted at 10:34 PM by Howard Bashman



"Aaron Swartz Case Draws Letter To Eric Holder From Darrell Issa, Elijah Cummings": The Huffington Post has this report.

The Hill has a blog post titled "House panel demands briefing over prosecution of Web activist Swartz."

And at "The Volokh Conspiracy," Stewart Baker has a post titled "A dubious proposal for amending the Computer Fraud and Abuse Act."
Posted at 09:50 PM by Howard Bashman



"4th Cir. orders hearing for inmate seeking sex change": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 09:40 PM by Howard Bashman


"More Thoughts on the Six CFAA Scenarios About Authorized Access vs. Unauthorized Access": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 03:45 PM by Howard Bashman


"Ex-judge says he was bribed by Ecuadorians' suing Chevron; A former Ecuadorian judge says that he and a colleague let plaintiffs lawyers write their own $18.2 billion judgment against the oil company in exchange for a promise of $500,000": Roger Parloff has this blog post online at Fortune.

Update: At a blog Chevron operates called "The Amazon Post," today's entry is titled "Former Ecuadorian Judge Admits Role in Orchestrating Fraudulent Judgment Against Chevron." That blog entry contains a link to the former judge's sworn declaration.

And in other coverage, Reuters reports that "Former Ecuador judge on Chevron case says plaintiffs bribed court."
Posted at 03:42 PM by Howard Bashman



"State Dept. Closes Office Working on Shutting Guantanamo Prison": Charlie Savage of The New York Times has this news update.
Posted at 03:36 PM by Howard Bashman


"After Landmark Supreme Court Win, Drug Defendant Represents Himself at Retrial": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 02:33 PM by Howard Bashman


"Madoff Victims Can't Sue SEC for Failed Oversight": At her "Trial Insider" blog, Pamela A. MacLean has this post reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Appeals court shields SEC from Madoff investor lawsuit."
Posted at 01:36 PM by Howard Bashman



"Supreme Court weighs whether Virginia can deny public records to noncitizens": David L. Hudson Jr. will have this article in the February 2013 issue of ABA Journal magazine.
Posted at 01:30 PM by Howard Bashman


"How Congress Could Defend DOMA in Court (and Why the BLAG Cannot)": Law professor Matthew I. Hall has this essay at the SLR Online web site of the Stanford Law Review.
Posted at 01:20 PM by Howard Bashman


Listen live to Justice Sonia Sotomayor's appearance on KQED Public Radio's "Forum" with Michael Krasny: You can listen live via this link. Justice Sotomayor is scheduled to appear today at 1 p.m. eastern time, 10 a.m. pacific time.
Posted at 01:03 PM by Howard Bashman


"D.C. Circuit's Astounding Decision on Recess Appointments": Kenneth Jost has this post at his blog, "Jost On Justice."
Posted at 12:24 PM by Howard Bashman


"State's star witness in Melvin corruption trial takes the stand": Bobby Kelik and Adam Brandolph of The Pittsburgh Tribune-Review are providing updated reports on today's trial proceedings at this link.
Posted at 12:21 PM by Howard Bashman


"ACS Issue Brief Offers Suggestions to Reform Dysfunctional Judicial Nomination Process": The American Constitution Society for Law and Policy issued this news release today linking to an issue brief titled "Is Our Dysfunctional Process for Filling Judicial Vacancies an Insoluble Problem?" written by Russell Wheeler of The Brookings Institution.
Posted at 12:15 PM by Howard Bashman


"Obama Defeat on NLRB Picks a Rare Loss on Recess Power": Tom Schoenberg of Bloomberg News has a report that begins, "A court ruling that President Barack Obama's recess appointment of labor board members was illegal in part because the Senate was in session stands against rulings by three sister courts supporting the power, one of which warned that 'executive paralysis' would result otherwise."
Posted at 11:35 AM by Howard Bashman


"Top Guantanamo Prosecutor Says He Hasn't Gone Rogue": Ryan J. Reilly has this blog entry at The Huffington Post.

And Charlie Savage of The New York Times has posted a related document online.

In other coverage, The Associated Press reports that "Sept. 11 defendants won't respond to Gitmo judge."

And Bloomberg News reports that "Sept. 11 Defense Seeks Torture Evidence at Cuba Hearing."
Posted at 11:30 AM by Howard Bashman



"Aaron Swartz Protesters Take Over Government Websites, Install Asteroids": Will Oremus has this post at Slate's "Future Tense" blog. According to that blog post, "the hackers [have] moved on to a different government website: that of the U.S. Probation Office for the Eastern District of Michigan."
Posted at 11:26 AM by Howard Bashman


"HLS Professor Files DOMA Amicus Brief": This article appears today in The Harvard Crimson.
Posted at 10:45 AM by Howard Bashman


"Bond v. United States and the Treaty Power Debate": Law professor Curtis Bradley has this post at the "Lawfare" blog.
Posted at 08:34 AM by Howard Bashman


"Constitution Check: What are the limits on the president's appointment powers?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:33 AM by Howard Bashman


"Down the Rabbit Hole: A Review of Errol Morris's A Wilderness of Error: The Trials of Jeffrey MacDonald." Rodger Citron has this review at Justia's Verdict.
Posted at 08:32 AM by Howard Bashman


"Sister's former Senate office chief of staff set to testify against Pa. Justice Joan Melvin": The Associated Press has this report.
Posted at 08:27 AM by Howard Bashman


"Anonymous re-hacks US Sentencing site into video game Asteroids; The U.S. Sentencing Commission website has been hacked a second time; A code distributed by Anonymous 'Operation Last Resort' turns ussc.gov into a game of Asteroids": ZDNet has this report, along with an article headlined "Torvalds slams prosecutor for Swartz's suicide."

The Christian Science Monitor has an article headlined "Aaron Swartz and Motel Caswell: Book ends to prosecutorial reform? A judge this week dismissed a drug forfeiture case involving a motel owner; The prosecutor, US Attorney Carmen Ortiz, is also facing criticism for her role in the prosecution of Internet hacker Aaron Swartz, who committed suicide earlier this month."

In Saturday's edition of The San Francisco Chronicle, law professor Pamela Samuelson had an op-ed titled "Aaron Swartz: Opening access to knowledge."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Aaron's Law, Drafting the Best Limits of the CFAA, And A Reader Poll on A Few Examples."
Posted at 08:20 AM by Howard Bashman



"Lawyers Behaving Badly Get A Dressing Down From Civility Cops; Adversarial System Grows Obscenely Nasty; 'Get More Results With Sugar'": Jennifer Smith has this front page article today in The Wall Street Journal.
Posted at 07:58 AM by Howard Bashman


Sunday, January 27, 2013

"Sotomayor's secrets of success: Work hard, dare to dream." The San Diego Union-Tribune has this news update.
Posted at 10:33 PM by Howard Bashman


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments titled "The Senate And Its Finicky Filibuster Relationship" and "'Manifest Injustice': A 40-Year Fight For Freedom."

And yesterday's broadcast of "Weekend Edition Saturday" contained an audio segment titled "Prosecuting Socrates All Over Again."
Posted at 10:28 PM by Howard Bashman



"Can the President Appoint Principal Executive Officers Without a Senate Confirmation Vote?" Law professor Matthew C. Stephenson has this essay in the January 2013 issue of The Yale Law Journal.

The essay begins, "A widespread, seemingly unquestioned assumption regarding the process for appointing federal officers is that the Constitution requires the Senate to vote to confirm the President's nominee before the appointee may take office on a permanent basis. This Essay challenges that assumption by arguing that as a matter of constitutional text, structure, and history, it is not at all clear that the Senate must affirmatively vote in favor of a nominee in order to provide the required advice and consent."
Posted at 08:56 PM by Howard Bashman



"How Newegg crushed the 'shopping cart' patent and saved online retail; It's game over for a patent troll that sued nearly 50 big retailers": At Ars Technica, Joe Mullin has this interesting article reporting on a ruling that the U.S. Court of Appeals for the Federal Circuit issued last Tuesday.
Posted at 08:44 PM by Howard Bashman


"Permitting Legislative Repeal by Blocking Nominations: The DC Circuit Recess Appointment Disaster." Law professor Peter M. Shane has this blog entry at The Huffington Post.
Posted at 06:54 PM by Howard Bashman


"John Roberts bankrupts law students; The Supreme Court justice is paid thousands to 'teach' in Europe -- and his law students are footing the bill": Law professor Paul Campos has this essay at Salon.com.
Posted at 06:04 PM by Howard Bashman


"Fed computers hijacked in Swartz tribute": This article appears today in The Boston Herald.

The Washington Times reports today that "Hackers take over federal website, threatens 'war' on U.S. government."

The New York Post reports that "Hacking is 'Reddit revenge.'"

The Independent (UK) reports that "Anonymous hacks US government agency website after Aaron Swartz suicide."

Edward Moyer of c|net has a report headlined "In Swartz protest, Anon hacks U.S. site, threatens leaks; Saying 'a line was crossed' with the treatment of tech activist Aaron Swartz, the group hacks a government site related to the justice system and distributes encrypted files it says it will decrypt unless demands are met."

At the "Bits" blog of The New York Times, Nick Bilton has a post titled "Disruptions: A Fuzzy and Shifting Line Between Hacker and Criminal."

And Friday online at The Telegraph (UK), Brendan O'Neill had a blog post titled "Only one person is responsible for Aaron Swartz's death, and that is Aaron Swartz."
Posted at 05:52 PM by Howard Bashman



"Yet More G.O.P. Obstruction": Friday at the "Taking Note" blog of The New York Times, Lincoln Caplan had a post that begins, "In his first term, President Obama tried to fill two vacancies on the U.S. Court of Appeals for the District of Columbia."
Posted at 02:23 PM by Howard Bashman


"Retrial begins in D.C. case that prompted Supreme Court GPS ruling": Yesterday's edition of The Washington Times contained this article.

And yesterday's edition of The Washington Post contained an article headlined "Accused drug dealer, representing himself, hears prosecutors open their case."
Posted at 01:23 PM by Howard Bashman



"Judicial elections lead to distrust of the courts": This editorial appeared yesterday in The Philadelphia Inquirer.
Posted at 01:22 PM by Howard Bashman


"GOP Senator Says Labor, Consumer Finance Rulings May Be Invalid": Tom Schoenberg of Bloomberg News has a report that begins, "Senator Bob Corker, a Tennessee Republican, said hundreds of U.S. labor rulings may be invalid due to a court decision that found President Barack Obama's appointments to the National Labor Relations Board are unconstitutional."
Posted at 01:20 PM by Howard Bashman


"Under the U.S. Supreme Court: Nation marks 40th anniversary of Roe." Michael Kirkland of UPI has this report.
Posted at 01:15 PM by Howard Bashman


"Lawyers in gay marriage cases aim pitches at Obama": Joan Biskupic of Reuters has this report.
Posted at 01:14 PM by Howard Bashman


Saturday, January 26, 2013

"Forty years later, Roe v. Wade still divides": In today's edition of The Kansas City Star, Brad Cooper has a front page article that begins, "The number of abortions performed in America has been on the decline for a generation. Yet in few states has the trend been more dramatic in recent years than in Kansas, a change driven by a series of laws limiting the procedure and by the violent death of the state's most prominent abortion doctor in 2009."
Posted at 11:30 PM by Howard Bashman


"Alabama Supreme Court mostly reverses jury awards for plaintiffs -- or rules in private": The Huntsville Times has this report.
Posted at 11:26 PM by Howard Bashman


"Gay marriage opponents take unusual tack with Supreme Court; Lawyers defending the Defense of Marriage Act and California's Prop. 8 argue that marriage should be limited to opposite-sex unions because they alone can 'produce unplanned and unintended offspring'"; David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 11:10 PM by Howard Bashman


"How Congress Should Fix Personal Jurisdiction": Law professor Stephen E. Sachs has posted this paper online at SSRN.
Posted at 09:54 PM by Howard Bashman


"Who Decides the Laws of War?" Charlie Savage will have this news analysis in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 09:45 PM by Howard Bashman


"Focus on Preserving Heritage Can Limit Foster Care for Indians": This article will appear Sunday in The New York Times.

The article notes that the Indian Child Welfare Act of 1978's "interpretation has been tested in a case that will be heard by the United States Supreme Court this year and is being watched closely by child welfare experts."
Posted at 09:12 PM by Howard Bashman



"U.S. Supreme Court should not decide federal same-sex marriage ban yet, Harvard professor argues": Howard Mintz of The San Jose Mercury News has this report.
Posted at 05:45 PM by Howard Bashman


"Will Obama the Constitutional Lawyer Please Stand Up?" David K. Shipler will have this article in the February 11, 2013 issue of The Nation.
Posted at 05:44 PM by Howard Bashman


"Gitmo prosecutor's rejected memo released": Josh Gerstein of Politico.com has this blog post.

The Telegraph (UK) reports that "September 11 trial threatened by legal dispute; The trial of Khalid Sheikh Mohammed has been thrown into turmoil by a legal dispute that could hand the alleged mastermind of the September 11 attacks and his alleged co-conspirators strong grounds for appeal."

At "SCOTUSblog," Lyle Denniston has a post titled "Guantanamo and the Court: Next round."

And at the "Lawfare" blog, Alan Rozenshtein has a post titled "Military Commission Prosecutor's Filings Regarding 9/11 Conspiracy Charges."
Posted at 04:16 PM by Howard Bashman



"US Sentencing Commission site down, Anonymous claims responsibility; Group says it will release information on Supreme Court Justices if reforms aren't made": Ars Technica has this report.

My related coverage from earlier today appears at this link.
Posted at 04:05 PM by Howard Bashman



"For Sotomayor, Bronx School's Closing Prompts Heartache -- and Memories": This post appeared yesterday at the "City Room" blog of The New York Times.
Posted at 03:26 PM by Howard Bashman


"A Flood of Suits Fights Coverage of Birth Control": In Sunday's edition of The New York Times, Ethan Bronner will have an article that begins, "In a flood of lawsuits, Roman Catholics, evangelicals and Mennonites are challenging a provision in the new health care law that requires employers to cover birth control in employee health plans -- a high-stakes clash between religious freedom and health care access that appears headed to the Supreme Court."
Posted at 01:54 PM by Howard Bashman


"Obama's recess appointments bet sours": Josh Gerstein of Politico.com has this report.

Today's edition of The Wall Street Journal contains an article headlined "Court Throws Out Recess Picks; Long Tradition of Presidential Appointments During Senate Breaks Faces Constitutional Challenge." The newspaper also contains an editorial entitled "Obama's Abuse of Power: An appeals court says his recess appointments are unconstitutional."

And today's edition of The New York Times contains an editorial titled "A Court Upholds Republican Chicanery."
Posted at 01:48 PM by Howard Bashman



"Suit against Austria's railroad gets new shot": Bob Egelko has this article today in The San Francisco Chronicle reporting on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

The original three-judge panel's 2-to-1 ruling in the case failed to produce a majority opinion.
Posted at 01:44 PM by Howard Bashman



"First day of Joan Orie Melvin corruption trial ends early": This article appears today in The Pittsburgh Tribune-Review, along with a related article headlined "Judge rules against Supreme Court Justice Melvin accuser's hidden identity in federal lawsuit."

My earlier coverage of yesterday's federal district court ruling can be accessed here.
Posted at 01:28 PM by Howard Bashman



"Hackers take over Sentencing Commission website": The Associated Press has a report that begins, "The hacker-activist group Anonymous says it hijacked the website of the U.S. Sentencing Commission to avenge the death of Aaron Swartz, an Internet activist who committed suicide."

A statement from "Anonymous" can be accessed here. The statement can also be accessed in video format via a YouTube video titled "Anonymous Operation Last Resort."

Update: At his "Sentencing Law and Policy" blog, Douglas A. Berman has a post titled "Anonymous hacks USSC website to avenge Aaron Swartz's suicide."

CNN.com reports that "Anonymous threatens Justice Department over hacktivist death."

And Reuters reports that "Hackers claim attack on Justice Department website."
Posted at 10:09 AM by Howard Bashman



Friday, January 25, 2013

"Parnell elevates Anchorage judge to Supreme Court; Ends line of justices from Juneau dating back to statehood": The Juneau Empire has this news update.

Alaska Governor Sean Parnell's news release issued today is titled "Governor Elevates Bolger to Supreme Court."
Posted at 11:00 PM by Howard Bashman



"Man With 4th Amendment Written on Chest Wins Trial Over Airport Arrest": David Kravets has this post at Wired.com's "Threat Level" blog.

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Court Upholds Airline Passenger's Claim of First Amendment Retaliation."

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Man Who Took off His Shirt at TSA Checkpoint, to Reveal Fourth Amendment Written on His Chest, May Proceed with First and Fourth Amendment Claim."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:44 PM by Howard Bashman



Washington Nationals to announce that team's first racing Chief Justice: Dan Steinberg of The Washington Post has a blog post titled "Nats will name William Howard Taft new racing president."

In recognition of Taft's service as Chief Justice, his Twitter account is titled @NatsBigChief27.
Posted at 10:08 PM by Howard Bashman



"Court: WikiLeaks Suspects Denied List of Companies Who Received Orders for Records." At Wired.com's "Threat Level" blog, Kim Zetter has this post reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 06:07 PM by Howard Bashman


"Court Ruling Upsets Conventional Wisdom On Recess Appointments": Carrie Johnson had this audio segment on this evening's broadcast of NPR's "All Things Considered."

Terry Moran of ABC News has a report headlined "Obama's 'Abuse of Power' Argument on Recess Appointments."

Online at Slate, Emily Bazelon has a jurisprudence essay titled "The Meaning of The: How that one little word has gotten Obama into a heap of constitutional trouble."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Democrats Reap the Fruits of Filibuster Fecklessness at the D.C. Circuit Court: On Friday, judges ruled that Obama appointments to the NLRB were unconstitutional; After years of Bush-era grandstanding, Democrats have no one to blame but themselves."

My earlier coverage of today's D.C. Circuit ruling appears here and here.
Posted at 06:04 PM by Howard Bashman



"40 Years After Roe v. Wade, Thousands March to Oppose Abortion": This article will appear Saturday in The New York Times.
Posted at 05:58 PM by Howard Bashman


"Has Justice changed sides on pre-emption of claims vs generics?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:56 PM by Howard Bashman


"Aaron Swartz didn't face prison until Feds took over his case; The late Internet activist was facing a stern warning from local prosecutors; But then the U.S. Attorney's office, run by Carmen Ortiz, chose to make an example of Aaron Swartz, a new report says": Declan McCullagh of c|net has this article reporting on an essay titled "The Swartz suicide and the sick culture of the Justice Dept." that Harvey A. Silverglate published this week in Massachusetts Lawyers Weekly.
Posted at 04:44 PM by Howard Bashman


"Mistrial in ex-cheerleader's libel lawsuit": The Associated Press has a report that begins, "Jurors couldn't decide whether two lewd posts about a former Cincinnati Bengals cheerleader were substantially true or not, leading a federal judge to declare a mistrial Friday in her $11 million defamation lawsuit against a gossip website."
Posted at 04:33 PM by Howard Bashman


"Judge unseals 'Jane Doe' lawsuit documents sought by suspended Justice Orie Melvin": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update reporting on a ruling that the U.S. District Court for the Western District of Pennsylvania issued today.

In related coverage, The Post-Gazette has a news update headlined "Lawyer: Justice Orie Melvin worked too hard to be corrupt political operative."

And The Associated Press has a report headlined "Justice Melvin's 'innocent' attorney tells jury."
Posted at 03:52 PM by Howard Bashman



"DOJ: Obama Recess Appointments 'Constitutionally Sound.'" Ryan J. Reilly of The Huffington Post has this report.

The Associated Press has a report headlined "White House: Ruling won't affect other Obama picks."

And The Wall Street Journal has a news update headlined "Court Rules Obama Recess Appointments Unconstitutional."

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 03:16 PM by Howard Bashman



"Adoptive Parents vs. Tribal Rights": The New York Times has posted online this "Room for Debate" discussion.
Posted at 02:44 PM by Howard Bashman


"Court says EPA overestimates biofuels production": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And in other coverage, Lawrence Hurley of Greenwire reports that "Court faults EPA over cellulosic standards."
Posted at 02:41 PM by Howard Bashman



"Federal court cancels al Qaida filmmaker's Guantanamo conviction": Carol Rosenberg of The Miami Herald has this news update reporting on an order that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 02:10 PM by Howard Bashman


"My Girlfriend (A Manti Te'o Satire)": Jeremy Blachman has this blog entry today at The Huffington Post.
Posted at 01:26 PM by Howard Bashman


"Corruption trial of suspended Justice Orie Melvin and her sister starts": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And Adam Brandolph and Bobby Kerlik of The Pittsburgh Tribune-Review have a news update headlined "Opening statements begin in Joan Orie Melvin corruption trial."
Posted at 12:55 PM by Howard Bashman



"Altria to Appeal Court Order on Cigarette Ads, Packaging": Bloomberg News has this report.
Posted at 12:51 PM by Howard Bashman


"Casey Anthony: Appeal court tosses two of four charges." The Orlando Sentinel has this news update.

And The Associated Press reports that "Court sets aside 2 of Casey Anthony's convictions."

You can access today's ruling of Florida's Fifth District Court of Appeal at this link.
Posted at 12:50 PM by Howard Bashman



"Appeals court upholds lobbyist's conviction": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:12 AM by Howard Bashman


D.C. Circuit rules that President Obama's recess appointments to the NLRB were invalid: You can access today's very important ruing of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Chief Judge David B. Sentelle wrote the majority opinion, in which Circuit Judge Karen LeCraft Henderson joined in full and Circuit Judge Thomas B. Griffith joined in part. Judge Griffith also issued an opinion concurring in part and concurring in the judgment.

In today's ruling, the three-judge panel first unanimously holds that, for purposes of the U.S. Constitution's Recess Appointments clause, a "Recess" of the U.S. Senate "is limited to intersession recesses." Second, Chief Judge Sentelle, joined by Judge Henderson, proceed to hold "that the President may only make recess appointments to fill vacancies that arise during the recess" in which the recess appointment is made. Thus, vacancies that existed before the recess began cannot be filled under the Recess Appointments clause, according to today's ruling.

In early coverage, Tom Schoenberg of Bloomberg News reports that "Obama NLRB Recess Appointments Unlawful, Court Says."

And The Associated Press has a report headlined "Court: Obama appointments are unconstitutional."

Update: In other news coverage, Steven Greenhouse of The New York Times has a news update headlined "Court Rejects Recess Appointments to Labor Board."

Robert Barnes of The Washington Post has a news update headlined "Court says Obama exceeded authority in making appointments."

David G. Savage of The Los Angeles Times has a news update headlined "Court rules Obama recess appointments unconstitutional."

Stephen Dinan of The Washington Times has a news update headlined "Obama recess appointments unconstitutional, court."

David Jackson of USA Today has a news update headlined "Appeals court strikes down Obama recess appointments; It's not known whether the Supreme Court will step into this White House-Congress dispute."

Bill Mears of CNN.com has a blog post titled "Appeals court rules Obama recess appointments unconstitutional."

Reuters reports that "Court says Obama recess appointments invalid."

Politico.com reports that "Appeals Court rules Obama recess appointments unconstitutional."

Roll Call reports that "Federal Appeals Court Rules Obama Recess Appointments Were Unconstitutional."

The Hill has a blog post titled "Obama recess appointments to labor board ruled unconstitutional."

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Declares NLRB Recess Appointments Unconstitutional."

And at "SCOTUSblog," Lyle Denniston has a post titled "President's appointment power curbed."
Posted at 10:48 AM by Howard Bashman



"Supreme Court justice gives LAW's first Esdaile Lecture; Breyer: 'We are Sergeant Preston of the Yukon.'" BU Today has this report. The article begins, "Not long ago Stephen Breyer was in the Burkina Faso capital of Ouagadougou addressing that nation's 72 judges."

And The Associated Press reports that "Supreme Court Justice Breyer says court applies old values to new events."

You can view the video of U.S. Supreme Court Justice Stephen G. Breyer's lecture yesterday at the Boston University School of Law online and on-demand by clicking here.
Posted at 10:28 AM by Howard Bashman



"Dealing With Aaron Swartz in the Nixonian Tradition: Overzealous Overcharging Leads to a Tragic Result." John Dean has this essay today at Justia's Verdict.

And Carl Malamud's remarks at the memorial for Aaron Swartz at the Internet Archive can be accessed online under the heading "Aaron's Army."
Posted at 09:02 AM by Howard Bashman



"Jurors to hear openings in Justice Melvin trial": The Associated Press has this report.

Paula Reed Ward of The Pittsburgh Post-Gazette reports that "Juror replaced in Orie Melvin case."

And The Pittsburgh Tribune-Review reports that "Juror in Melvin trial drops out due to personal obligations."
Posted at 08:50 AM by Howard Bashman



"New Senate Rules to Curtail the Excesses of a Filibuster": This article appears today in The New York Times.

The Washington Post reports today that "Senate leaders reach deal modifying filibuster rules, keep 60-vote hurdle."

Today's edition of The Los Angeles Times reports that "Senate approves modest filibuster changes; The two packages will alter procedural rules to speed up the process in certain cases, but they fall far short of the sweeping reforms sought by liberal senators and their allies."

USA Today reports today that "U.S. Senate OKs tweak to filibuster rules."

The Washington Times reports today that "'Nuclear option' averted as Senate leaders reach agreement on filibuster rules; Liberals call move insufficient."

The Associated Press reports that "Senate OKs modest restrictions on filibusters."

Bloomberg News reports that "Senate Changes Rule on Filibusters, Keeps Supermajority."

Reuters reports that "Senate changes its rules to ease gridlock."

Politico.com has an article headlined "On filibuster, Harry Reid puts pin back in Democrats' nuclear threat."

The Hill reports that "Liberals irate as Senate passes watered-down filibuster reform."

Roll Call has articles headlined "Filibuster Changes Get Senate Approval" and "Changes to Filibuster May Give Senate Leaders Political Heartburn."

TPM DC has articles headlined "Senate Approves Modest Changes To Filibuster Rule" and "Filibuster Reform Ends With A Whimper: How It Fell Apart."

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Informal Senate Agreement on Filibuster Reform Could Speed Confirmations."
Posted at 08:36 AM by Howard Bashman



"Obama short of judges for his liberal agenda; GOP appointees dominate bench": Today's edition of The Washington Times contains this article.
Posted at 08:26 AM by Howard Bashman


Thursday, January 24, 2013

"Roe v. Wade at 40: A Look at Its Legacy." This audio segment featuring Linda Greenhouse appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 09:57 PM by Howard Bashman


"DOMA: Amicus Art. III brief filed." Lyle Denniston has this post at "SCOTUSblog," which has posted a copy of the brief at this link.
Posted at 09:15 PM by Howard Bashman


"9/11 Defendants Seek to Preserve CIA Sites Where They Were Tortured": Spencer Ackerman has this post today at Wired.com's "Danger Room" blog.
Posted at 08:57 PM by Howard Bashman


"Jurors at odds in ex-cheerleader's libel suit": The Associated Press has this report.
Posted at 08:27 PM by Howard Bashman


"Lawyer who missed deadline can't appeal: court." Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 06:02 PM by Howard Bashman


"Gays Can Take Care of Themselves, Say Same-Sex Marriage Opponents; Like the sophisticated defenders of Proposition 8, DOMA's proponents are making a strong argument -- but one that may belong in a different case": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 04:52 PM by Howard Bashman


"Jack Dickey: Breaking the Manti Te'o Story." The Columbia Spectator has posted this video interview online at YouTube.
Posted at 04:45 PM by Howard Bashman


"Why U.S. is forgoing appeal of landmark 2nd Circuit off-label ruling": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:11 PM by Howard Bashman


"State high court waffles on racially charged eyewitness accounts; Supreme Court: Judges don't have to warn jurors about problems of cross-racial identification." SeattlePI.com has this report on a ruling that the Supreme Court of Washington State issued today.

The decision consists of a lead opinion announcing the judgment of the court; a concurring opinion; an opinion concurring in the result; and a dissenting opinion.
Posted at 03:00 PM by Howard Bashman



"MGA Bratz Win Over Mattel Partly Erased by Appeals Court": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

And in other coverage, Dan Levine of Reuters reports that "Appeals court sides with Mattel in latest Bratz fight."

Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Kozinski to Mattel/MGA: Don't be Bratz."

And The Associated Press reports that "Court cuts $172 million from Bratz doll verdict."
Posted at 02:54 PM by Howard Bashman



"Citi and UBS must arbitrate auction rate case -- court; Brokerage argued that client was not a 'customer'; Court disagrees, says brokerages must arbitrate": Suzanne Barlyn of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 02:51 PM by Howard Bashman


"Ex-cheerleader's libel lawsuit in jury's hands": The Associated Press has a report that begins, "The attorney for a former Cincinnati Bengals cheerleader who had sex with her underage student is telling jurors they have an opportunity to send a message across the U.S. by finding that a gossip website defamed her in lewd online posts."
Posted at 02:48 PM by Howard Bashman


"Rivera's Record Runs Deep but Is Limited to Social Justice Issues": Today's edition of the New York Law Journal contains an article that begins, "A review of Court of Appeals nominee Jenny Rivera's scholarly writings portrays an attorney intensely proud of her Puerto Rican heritage and deeply concerned with social justice, women's rights and feminist issues, especially as they impact the Hispanic population."
Posted at 01:13 PM by Howard Bashman


"Senate Leaders Finalize Scaled-Back Filibuster Deal": Sahil Kapur of TPM DC has this report.

Politico.com reports that "Reid, McConnell reach Senate filibuster deal."

Alexander Bolton of The Hill reports that "Reid and McConnell reach tentative deal to change filibuster rules."

And Roll Call reports that "Filibuster Deal Reached in Senate."

You can access the proposed resolutions here and here.
Posted at 01:03 PM by Howard Bashman



"Inaugural Esdaile Lecture featuring Supreme Court Justice Stephen Breyer": Boston University School of Law provides live video coverage at this link. The lecture is scheduled to begin at 1 p.m. eastern time today. Additional details can be accessed here and here.
Posted at 12:22 PM by Howard Bashman


"Judge refuses to dismiss Ten Commandments case, which heads to trial": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "A federal judge will allow the lawsuit against New Kensington-Arnold School District's Ten Commandments monument to proceed."

I have posted at this link Tuesday's ruling of the U.S. District Court for the Western District of Pennsylvania.
Posted at 11:11 AM by Howard Bashman



"The Long Slog to Legalizing Marijuana in the U.S. Is Just Beginning; Popular support may be rising, but a ruling from a federal appeals court shows that Washington regulators still hold the power": Andrew Cohen has this essay online at The Atlantic.
Posted at 10:00 AM by Howard Bashman


"Jurors selected for Orie Melvin trial": Late yesterday, Paula Reed Ward of The Pittsburgh Post-Gazette had a report that begins, "In jury selection that began this morning, attorneys trying the case against suspended state Supreme Court Justice Joan Orie Melvin agreed upon 12 jurors and four alternates."

And The Pittsburgh Tribune-Review reports that "Jurors selected in Joan Orie Melvin corruption trial."
Posted at 09:00 AM by Howard Bashman



"Top Supreme Court Advocates of the Twenty-First Century": Kedar Bhatia has this post today at his blog, "DailyWrit." And you can access his related article at this link via SSRN.
Posted at 08:54 AM by Howard Bashman


"The Price of a Stolen Childhood: Victims of child pornography can now collect damages directly from those convicted of possessing their images; But how much can restitution help them repair their lives?" Emily Bazelon will have this lengthy cover story in this upcoming Sunday's issue of The New York Times Magazine.
Posted at 08:42 AM by Howard Bashman


Wednesday, January 23, 2013

"In the beginning of the 20th century the great masters of American Jurisprudence -- Oliver W. Holmes, Jr., Benjamin N. Cardozo and Professor Roscoe Pound -- rejected the jurisprudence of concepts for what they called a jurisprudence of results." The U.S. Court of Appeals for the Third Circuit today issued a decision from which Senior Circuit Judge Ruggero J. Aldisert concurred in part and dissented in part.

In an interesting passage that begins at page 21 of his opinion, Judge Aldisert explains that "Because this discussion has not often appeared in many judicial opinions, if any at all, I will summarize how the great change came about, a change in the nature of jurisprudence doctrine that our courts have now followed for almost 100 years, a change that was advocated by these great American masters."
Posted at 11:38 PM by Howard Bashman



"Is a fetus a person? The Colorado Supreme Court may have to decide." This lengthy article will appear in tomorrow's edition of The Denver Westword.
Posted at 11:11 PM by Howard Bashman


Access online video of Justice Sonia Sotomayor's appearance on the Univision program, "Al punto, con Jorge Ramos": The video segments are titled "Sonia Sotomayor del Bronx a la Corte Suprema"; "Las decisiones de la Jueza Sonia Sotomayor"; and "Juez Sotomayor orgullosa de ser latina."
Posted at 11:00 PM by Howard Bashman


"Supreme Court won't hear Bald Knob cross challenge": The Southeast Missourian has this report.

And The Southern Illinoisan reports that "Atheist's Cross of Peace lawsuit ends."
Posted at 10:45 PM by Howard Bashman



"Michigan's newest justice takes seat on Supreme Court": The Detroit News has an update that begins, "Bridget Mary McCormack was sworn in as Michigan's newest Supreme Court justice Wednesday afternoon in a festive and traditional investiture ceremony attended by family and friends. McCormack, who left a University of Michigan law professorship to join the state's highest court, was the top vote-getter among candidates for two eight-year seats. She's the only member of the court not to have served as a judge before her election."
Posted at 10:42 PM by Howard Bashman


"Supreme Court Justice Clarence Thomas finishes his thought": Robert Barnes of The Washington Post has this news update.
Posted at 10:38 PM by Howard Bashman


"Reid, McConnell Close To Filibuster Reform Deal": Sahil Kapur of TPM DC has this report.

And Thursday's edition of The New York Times will contain an article headlined "Bipartisan Filibuster Deal Is Taking Shape in Senate."
Posted at 09:58 PM by Howard Bashman



"FDA Won't Appeal Free-Speech Marketing Decision": The Wall Street Journal has this news update. You can freely access the full text of the article via Google News.
Posted at 09:44 PM by Howard Bashman


"Misconceptions": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:26 PM by Howard Bashman


"Justice and Prosperity": Today's edition of The New York Times contains an editorial that begins, "When Chief Justice John Roberts Jr. congratulated President Obama after he completed his oath of office on Monday, Americans heard the cordial, affirming voice that regularly fills the courtroom of the Supreme Court."
Posted at 09:23 PM by Howard Bashman


"Aaron Swartz's supporters hack MIT site again": This article appears today in The Boston Globe.

Today's edition of The Tech, MIT's student newspaper, contains articles headlined "MIT DNS hacked; traffic redirected; Emails sent to KAIST, other traffic redirected to Harvard" and "MIT Aaron Swartz report to be released 'in a few weeks.'" The second of those articles links to additional materials pertaining to MIT's review of the events preceding Aaron Swartz's suicide, which you can access here, here, and here.

Declan McCullagh of c|net reports that "MIT review into Aaron Swartz's death complete in 'a few weeks'; Massachusetts Institute of Technology, under fire for its role in the felony prosecution of Internet activist who downloaded academic papers, elaborates on its ongoing internal probe."

Clay Shirky has a blog post titled "Remembering Aaron by taking care of each other."

At The Huffington Post, Gareth Price has a blog entry titled "Aaron Swartz: A Libertarian Dilemma," while Justin Beach has a blog entry titled "Was Wikileaks the Root of Aaron Swartz's Problems?"

MarketWatch columnist David Weidner has an essay titled "Aaron Swartz believed a wrong made a right; If he didn't want to pick a fight, why bother at all?"

Peter Martin of The Sydney Morning Herald has an essay titled "Hacker's suicide a warning to those seeking to punish copyright breaches; Harsh penalties for violating websites' terms of service are hugely out of proportion."

At Inside Higher Ed, Rob Weir has an essay titled "Free Comes with a Price Tag."

In today's edition of The Daily Reveille of Louisiana State University, David Scheuermann has an essay titled "In wake of Aaron Swartz's death, professors should consider open access."

And Electronic Frontier Foundation has a blog post titled "Part 2: EFF's Additional Improvements to Aaron's Law."
Posted at 06:07 PM by Howard Bashman



"Yes, it was a joke by Supreme Court's Thomas": Jonathan Stempel of Reuters has this report.

My coverage from earlier today appears at this link.

Update: Elsewhere, Ariane de Vogue of ABC News has a blog post titled "Mystery Solved: Justice Clarence Thomas Cracked Joke About Harvard Law School."
Posted at 05:04 PM by Howard Bashman



"GOP Senators Delay Hearing on D.C. Circuit Nominee": At "The BLT: The Blog of Legal Times," Todd Ruger has a post that begins, "Senate Republicans are holding up the nomination of Sri Srinivasan for the U.S. Court of Appeals for the D.C. Circuit, saying they want to know more about his role in the abrupt settlement of a Fair Housing Act case a year ago."
Posted at 03:44 PM by Howard Bashman


"Immigration fallout from saying no to 'Obamacare'": The Associated Press has this article reporting on "an unintended consequence of how last year's Supreme Court decision changed the Medicaid provisions of President Barack Obama's health care law."
Posted at 03:14 PM by Howard Bashman


"Blogger contests ex-cheerleader's libel suit": The Associated Press has this report.
Posted at 03:10 PM by Howard Bashman


"Jury selection begins in Joan Orie Melvin corruption trial": The Pittsburgh Tribune-Review has this news update.

And Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Seven jurors selected for Orie Melvin trial."
Posted at 02:40 PM by Howard Bashman



What does an official U.S. Supreme Court oral argument transcript have in common with the Congressional Record (at least if you're a Justice)? Apparently you can revise and extend your remarks. See page 42 of the newly revised official transcript of oral argument in Boyer v. Louisiana, No. 11-9953, to find the latest version of what Justice Clarence Thomas said after seven years of silence.
Posted at 02:30 PM by Howard Bashman


"U.S. Supreme Court Justice Sonia Sotomayor signs copies of her memoir in Houston": Brenda Sapino Jeffreys has this post at the "Tex Parte Blog" of Texas Lawyer.
Posted at 02:03 PM by Howard Bashman


"Courts as Managers: American Tradition Partnership v. Bullock and Summary Disposition at the Roberts Court." Alex Hemmer has this essay (available in both HTML and PDF) today at YLJ Online.
Posted at 01:56 PM by Howard Bashman


"Judge Arthur Gajarsa joins WilmerHale as senior counsel": Reuters has this report.
Posted at 01:54 PM by Howard Bashman


"Former Michigan Supreme Court justice expected to plead guilty": This article appears today in The Detroit News.
Posted at 01:52 PM by Howard Bashman


"Senate Democrats Moving Quickly on Judicial Nominees": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 01:35 PM by Howard Bashman


"can't get enough of #scotus wandering out into the world. @kevinomccarthy's portrait of badass Sam Alito." Robert Barnes of The Washington Post has a tweet linking to this photograph.
Posted at 01:30 PM by Howard Bashman


Unanimous three-judge Seventh Circuit panel declares unconstitutional a recent Indiana statute prohibiting most registered sex offenders from using social networking websites, instant messaging services, and chat programs: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit in John Doe v. Prosecutor at this link.

Update: In early news coverage, The Indianapolis Star has a news update headlined "Court overturns Indiana ban on sex offenders using social networks."

The Associated Press has a report headlined "Court: Sex offender Facebook ban unconstitutional."

Declan McCullagh of c|net reports that "Sex offenders have right to tweet, appeals court says."

Tal Kopan of Politico.com has a blog post titled "Court upholds sex offenders' right to social media."

And Reuters reports that "Appeals court strikes down Indiana sex offender law."
Posted at 11:28 AM by Howard Bashman



"At Supreme Court, Gay Marriage Foes Make Their Strongest Case Yet; With an eye to persuading Justice Kennedy, Prop 8's supporters finally have laid out the best version of their argument": Andrew Cohen has this essay online at The Atlantic.
Posted at 11:22 AM by Howard Bashman


Warren Richey of The Christian Science Monitor is reporting: He has articles headlined "'Piracy' at sea: Has definition changed? Supreme Court declines to enter fray" and "Did judge insert his religious views into case? Supreme Court refuses appeal."
Posted at 11:15 AM by Howard Bashman


"Huguely files appeal for new trial": Today's edition of The Daily Progress of Charlottesville, Virginia contains an article that begins, "Attorneys representing convicted murderer George W. Huguely V are asking the Court of Appeals of Virginia to grant him a new trial, arguing that the former University of Virginia lacrosse player was denied his constitutional right to be represented by an attorney of his choosing, that the evidence didn't support his conviction and citing what they call procedural errors."

According to the article, "Washington-based attorney Paul D. Clement and attorney Craig S. Cooley, of Richmond, filed a 57-page petition for appeal Tuesday."

The Baltimore Sun reports today that "Huguely petitions to appeal conviction in Yeardley Love death; Attorneys argue procedural missteps mean he should get new trial."

ABC News reports that "UVa. Lacrosse Killer George Huguely Appeals for New Trial."

And Bloomberg News reports that "Ex-UVA Lacrosse Player Seeks New Trial in Girlfriend Murder."
Posted at 11:14 AM by Howard Bashman



"Innocence Project co-founder pushes scientific proof in law; Defense lawyer Barry Scheck spoke in honor of the 2012-2013 academic year ­theme, 'Year of Proof'": This article appears today in The Daily Pennsylvanian.
Posted at 11:05 AM by Howard Bashman


"Prop. 8 backers argue for states' rights": Bob Egelko has this article today in The San Francisco Chronicle.

And Jonathan Stempel of Reuters reports that "Supreme Court urged to support gay marriage limits."
Posted at 09:02 AM by Howard Bashman



"Marijuana still a drug with no accepted medical use, court says; Appellate judges defer to federal health experts and side with the DEA": David G. Savage has this article today in The Los Angeles Times.

And Mike Scarcella of The National Law Journal reports that "D.C. Circuit snuffs challenge over marijuana classification."

My earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 08:57 AM by Howard Bashman



"Obama's Promise To Close Guantanamo Prison Falls Short": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:46 AM by Howard Bashman


"Supreme Commuter: Justice Is Swift -- and in a Hurry." Kara Bloomgarden-Smoke of The New York Observer has an article that begins, "If Supreme Court justice Sonia Sotomayor has a fan club, you could have found its members on Saturday afternoon at El Museo del Barrio on Fifth Avenue and 104th Street."
Posted at 08:44 AM by Howard Bashman


"Orie Melvin jury selection begins today": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "Jury selection begins this morning in the criminal case against suspended state Supreme Court Justice Joan Orie Melvin."

The Pittsburgh Tribune-Review reports today that "Trial to open in corruption case against Melvin and sister, former aide Orie."

And The Associated Press reports that "Jury picking set for Pa. Justice Joan Orie Melvin."
Posted at 08:32 AM by Howard Bashman



"Obama's Gay-Rights Words Raise Advocate Hopes in Court": Greg Stohr of Bloomberg News has this report.
Posted at 08:25 AM by Howard Bashman


Tuesday, January 22, 2013

"Ex-Bengals cheerleader's libel lawsuit trial starts": The Associated Press has this report.
Posted at 10:38 PM by Howard Bashman


"Cary wins appeal in sign case against homeowner": The News & Observer of Raleigh, North Carolina has an update that begins, "A federal appeals court has ruled in favor of the town in the 'Screwed By The Town of Cary' lawsuit, signaling that the long saga may be nearing its end."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:36 PM by Howard Bashman



"How Aaron Swartz's Cause Wins in the End: The protests against his prosecution will promote open access." Law professor Eric Posner has this essay online at Slate.

Declan McCullagh of c|net has a follow-up report headlined "Senator disputes Aaron Swartz's SOPA, Protect IP role; Senate Judiciary spokeswoman denies that a meeting between a committee aide and the late activist Aaron Swartz led to the creation of the anti-SOPA advocacy group Demand Progress."

And at his blog "it is NOT junk," professor Michael Eisen has a post titled "How academia betrayed and continues to betray Aaron Swartz."
Posted at 10:28 PM by Howard Bashman



"States Become Battlegrounds For Nation's Deep Abortion Divide": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:16 PM by Howard Bashman


"House GOP leaders defend DOMA": Lyle Denniston has this post at "SCOTUSblog." You can access the brief at this link.
Posted at 10:00 PM by Howard Bashman


"How Aaron Swartz helped to defeat Hollywood on SOPA: Aaron Swartz's former roommate, Peter Eckersley, says the late activist started Demand Progress because from D.C.'s perspective, it 'doesn't matter' if their laws break the Internet." Declan McCullagh of c|net has this report.

Newsday columnist Cathy Young has an essay titled "Aaron Swartz was unreasonable about information access."

At The Huffington Post, Steven Strauss has a blog entry titled "Are We a Nation of Sheep?"

And at "the media guy" blog of Ad Age, Simon Dumenco has a post titled "Why the Prosecution of Internet Activist Aaron Swartz Matters to You, Personally; Bad Laws Can and Will Be Used Against You."
Posted at 05:50 PM by Howard Bashman



"Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second." Law professor Darrell A.H. Miller has this article in the January 2013 issue of The Yale Law Journal.
Posted at 05:42 PM by Howard Bashman


"Reid Delays Vote on Filibuster Reform": Todd Ruger has this post at "The BLT: The Blog of Legal Times."

Online at The New Republic, Timothy Noah has a blog post titled "The Filibuster and 'The Fermata.'"

And in the January 2013 issue of The Yale Law Journal, Benjamin Eidelson has a Note titled "The Majoritarian Filibuster."
Posted at 05:37 PM by Howard Bashman



"California's Proposition 8: Backers of same-sex marriage ban make their arguments to U.S. Supreme Court." Howard Mintz of The San Jose Mercury News has this update.
Posted at 05:32 PM by Howard Bashman


"Fourth Circuit to Hear Dispute Over Cell Phone Contraband Conviction": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 05:18 PM by Howard Bashman


"'Proposition 8' merits brief filed": Lyle Denniston has this post at "SCOTUSblog," which has posted the brief at this link.
Posted at 04:27 PM by Howard Bashman


The contents of the January 2013 issue of the Harvard Law Review are now available online: You can access the contents via this link.
Posted at 04:25 PM by Howard Bashman


"Gupta Says in Appeal Trial Judge Hampered Defense Case": Bloomberg News has this report.
Posted at 04:05 PM by Howard Bashman


"Top court rejects hospitals' Medicare claims suit": Terry Baynes of Reuters has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Saving the U.S. billions."
Posted at 04:03 PM by Howard Bashman



"Lawyers for Huguely file appeal in slaying of former girlfriend": The Richmond Times-Dispatch has a news update that begins, "Lawyers for former University of Virginia lacrosse player George W. Huguely V today appealed his conviction for the murder of fellow student Yeardley Love, arguing that jury selection in the high-profile case was flawed and that evidence in the case was insufficient to support a second-degree murder conviction."
Posted at 04:00 PM by Howard Bashman


"Justice Sotomayor tells Oprah her feelings about lawyers": Katheryn Hayes Tucker has this post today at the "ATLaw" blog of The Fulton County Daily Report.
Posted at 03:32 PM by Howard Bashman


"Supreme Court declines to hear challenge to SO2 rule": Lawrence Hurley and Jeremy P. Jacobs of Greenwire have this report.
Posted at 03:18 PM by Howard Bashman


"Court considering UT campus speech challenge": The Associated Press has a report that begins, "John McGlone went to the University of Tennessee campus in Knoxville intent on preaching God's word to college students but found himself tangled up with university administrators over a policy requiring student sponsorship to speak at the school."

The case was argued today before a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 03:10 PM by Howard Bashman



"In securities litigation, SCOTUS has Congress's back": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:07 PM by Howard Bashman


"When Universities Sell Art: The Case of Columbia's Rembrandt." Jon Wiener has this blog post online today at The Nation.
Posted at 03:02 PM by Howard Bashman


"Gitmo prosecutor not backing down": Josh Gerstein of Politico.com has a blog post that begins, "The chief prosecutor for the military commissions at Guantanamo Bay, Brig. Gen. Mark Martins, isn't backing down from his effort to eliminate conspiracy charges from the case against the alleged 9/11 conspirators."
Posted at 02:55 PM by Howard Bashman


"Court ruling casts doubt on future of EPA monitoring program": Jeremy P. Jacobs of Greenwire has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 02:45 PM by Howard Bashman


"U.S. Supreme Court cert grant is bittersweet for Sawicki & Lauten lawyer": John Council has this post today at the "Tex Parte Blog" of Texas Lawyer.
Posted at 02:40 PM by Howard Bashman


"Medical Marijuana Backers Lose Bid for Looser Regulations": Tom Schoenberg of Bloomberg News has this report.

The Associated Press reports that "Court rejects bid to have marijuana reclassified."

And David Ingram of Reuters has a report headlined "Medical benefits of marijuana still hazy -- appeals court."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:24 AM by Howard Bashman



"Supreme Court Justice Sotomayor: The best thing you can do with your life is . . ." Part two of Soledad O'Brien's interview with Justice Sonia Sotomayor appeared on this morning's broadcast of CNN's "Starting Point." You can access the video and a transcript via this link.

An interview with Justice Sotomayor also appeared on last night's broadcast of Comedy Central's "The Daily Show with Jon Stewart." You can view that interview at this link. The Daily Show has also posted online the complete unedited video of the interview in three parts, which you can access at the following links: part one; part two; and part three.
Posted at 10:42 AM by Howard Bashman



"Straight Up, With Multiple Twists: Bond v. United States." Law professor Michael S. Greve has this post at the "Liberty Law" blog.
Posted at 10:24 AM by Howard Bashman


"Reid to lay out plans for filibuster reform": The Hill has this blog post today.

And today's edition of The New York Times contains an editorial titled "A Chance to Fix the Senate."
Posted at 10:20 AM by Howard Bashman



"'Roe v. Wade' Turns 40, But Abortion Debate Is Even Older": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

The Associated Press reports that "40 years after Roe v. Wade, abortion foes march on."

And Bloomberg News reports that "Women Would Travel for Abortions If Roe Falls, Study Says."
Posted at 10:14 AM by Howard Bashman



Access online today's opinion in an argued case of the U.S. Supreme Court: Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Sebelius v. Auburn Regional Medical Center, No. 11-1231. Justice Sonia Sotomayor issued a concurring opinion. You can access the oral argument via this link.
Posted at 10:06 AM by Howard Bashman


"At Stanford, Clinical Training for Defense of Religious Liberty": In today's edition of The New York Times, Ethan Bronner has an article that begins, "Backed by two conservative groups, Stanford Law School has opened the nation's only clinic devoted to religious liberty, an indication both of where the church-state debate has moved and of the growth in hands-on legal education."
Posted at 09:40 AM by Howard Bashman


"Barnes collection's move is now grist for law schools": Chris Mondics has this article today in The Philadelphia Inquirer.
Posted at 09:38 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.

In early news coverage, The Associated Press reports that "Court rejects appeal from Somali pirates" and "Court won't hear challenge to Clean Air Act rule."

Greg Stohr of Bloomberg News reports that "Sulfur Dioxide Emission Curbs Left Intact by High Court."

And Jonathan Stempel of Reuters reports that "Supreme Court rejects Asarco challenge to EPA rule" and "Supreme Court won't hear retaliation case against Sears."
Posted at 09:35 AM by Howard Bashman



Monday, January 21, 2013

"At Memorial for Aaron Swartz, Seeking Inspiration From an Activist's Life": Patrick Clark has this post today at the "Betabeat" blog of The New York Observer.

The organization Democracy Now! has posted the video of this past weekend's memorial ceremony at this link.
Posted at 10:55 PM by Howard Bashman



"Anita Hill takes her story to film in new Sundance documentary; More than 20 years after she ignited the issue of sexual harassment, 'Anita' reveals the woman behind the testimony": Ben Fulton will have this article in Tuesday's edition of The Salt Lake Tribune.

Today's edition of The Toronto Star contains an article headlined "Sundance: Anita Hill finds hope reliving painful history."

And today at the "Jezebel" blog, Dodai Stewart has a post titled "The Anita Hill Documentary Can Teach a New Generation About Sexual Harassment."
Posted at 10:40 PM by Howard Bashman



"Claire McCaskill Live-Tweets From Inauguration, Shares Photo Of Scalia's 'Weird Hat'": TPMLiveWire has this blog post.

Comedy Central's "Indecision" blog has a post titled "Claire McCaskill Is Obsessed With Antonin Scalia's Hat."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "About the Justices' Skullcaps."
Posted at 10:35 PM by Howard Bashman



"Abortion battle rages 40 years after Roe decision; Protests planned in Washington": Cheryl Wetzstein of The Washington Times has this article, along with a related article headlined "A lot happened on one day, but only Roe decision remains relevant."

And Tuesday's edition of The Wall Street Journal will contain an article headlined "Support Grows for Roe v. Wade."
Posted at 10:26 PM by Howard Bashman



"Michigan Gov. Rick Snyder taking suggestions from justices, staff to fill state Supreme Court spot after Justice Diane Hathaway's exit": The Detroit Free Press has this news update.
Posted at 10:20 PM by Howard Bashman


"The Bronx, the Bench and the Life in Between: 'My Beloved World,' a Memoir by Sonia Sotomayor." Michiko Kakutani will have this book review in Tuesday's edition of The New York Times.
Posted at 08:50 PM by Howard Bashman


"They have always been us": The blog "a public defender" has this post today concerning the Aaron Swartz prosecution and the reaction it has evoked.
Posted at 06:22 PM by Howard Bashman


"Obama stumbles on 'states' during swearing in": The Associated Press has a report that begins, "Chief Justice John Roberts got it right this time -- but President Barack Obama appeared to stumble over the word 'states' during his ceremonial swearing in."
Posted at 01:30 PM by Howard Bashman


"A chance to stop judicial forum shopping; Current case could rectify Marshall's mistake": In today's edition of The Washington Times, attorney Charles J. Cooper has an op-ed that begins, "A case now before the U.S. Supreme Court could clarify a 200-year-old mistake by the great Chief Justice John Marshall."
Posted at 11:42 AM by Howard Bashman


"Hathaway retires amid fraud case; Justice is first sitting Mich. Supreme Court judge charged with a crime since 1975": The Detroit News has this update.
Posted at 11:28 AM by Howard Bashman


"UK Supreme Court judgment summaries on YouTube . . . now we need the full hearings": Adam Wagner has this post today at the "UK Human Rights Blog" reporting on a news release that the Supreme Court of the United Kingdom issued today.

You can access that court's official YouTube channel by clicking here.
Posted at 11:17 AM by Howard Bashman



"Ex-Bengals cheerleader's lawsuit trial to begin": The Associated Press has a report that begins, "A former Cincinnati Bengals cheerleader who had sex with her underage student is about to begin another court battle on Tuesday in a bizarre case stemming from sexually tinged, disparaging comments made about her on a website long before the scandal was revealed."
Posted at 11:02 AM by Howard Bashman


"Employers challenging health law contraceptive provision": Robert Barnes has this new installment of his "The High Court" column in today's edition of The Washington Post.
Posted at 10:09 AM by Howard Bashman


"Sotomayor's path to the Supreme Court: U.S. Supreme Court Justice Sonia Sotomayor on her upbringing and judgeship, and her memoir 'My Beloved World.'" CNN has posted online this video. Earlier, CNN "Starting Point" host Soledad O'Brien had a blog post titled "My conversation with Supreme Court Justice Sotomayor: The power of a role model."

And yesterday, NY1 News had a report headlined "Justice Sotomayor Reflects On Her Life At East Harlem Book Signing."
Posted at 09:02 AM by Howard Bashman



"Justice Kelly reflects on Michigan's top court": The Observer & Eccentric Newspapers of Michigan contained this article yesterday.
Posted at 08:50 AM by Howard Bashman


"How M.I.T. Ensnared a Hacker, Bucking a Freewheeling Culture": This article appears today in The New York Times.

The Boston Herald reports today that "Ortiz says suicide will not change handling of cases."

Newsweek has an article headlined "Cyber Martyr: The Tragedy of Aaron Swartz."

And in The Boston Globe, John E. Sununu has an essay titled "A crisis of values at MIT."
Posted at 08:44 AM by Howard Bashman



"The People's Choice: Roe v. Wade at forty." Jeffrey Toobin has this Comment in the January 28, 2013 issue of The New Yorker.
Posted at 08:33 AM by Howard Bashman


Sunday, January 20, 2013

"California death penalty: Will state follow Arizona, which has resumed executions after a long hiatus?" Howard Mintz will have this article in Monday's edition of The San Jose Mercury News.
Posted at 11:14 PM by Howard Bashman


"No flubs, no re-dos for Obama and Roberts at swearing-in": Reuters has this report, along with a report headlined "Hurry up Mr Vice President, I've got a train to catch."
Posted at 11:05 PM by Howard Bashman


"Obama officially begins his second term with oath": Robert Barnes of The Washington Post has this news update.
Posted at 04:37 PM by Howard Bashman


"Crowd mourns Reddit founder Aaron Swartz; Friends and family mourned the Web prodigy at the Great Hall in Cooper Union; Swartz was due to stand trial for computer hacking, but hanged himself before it could begin": This article appears today in The New York Daily News.

The Boston Herald reports today that "Kin, friends hail Aaron Swartz as pols push for action."

The "City Room" blog of The New York Times has a post titled "At a Memorial, Love for an Internet Activist and Anger Over His Death."

The Associated Press has a report headlined "Aaron Swartz Tribute: Hundreds Honor Information Activist."

Edward Moyer of c|net has reports headlined "Memorial service honors Swartz as activist, individual; At a memorial gathering for Aaron Swartz in New York City, the tech activist's death prompts tender recollections and fierce resolve" and "WikiLeaks says Aaron Swartz may have been a 'source'; Group says the late tech activist talked with editor Julian Assange and may have been a WikiLeaks source; But it doesn't offer any details or corroborating evidence."

The Guardian (UK) has a report headlined "Aaron Swartz: a bittersweet memorial; Mourners exchange fond memories and angry calls for justice." In addition, John Naughton has an essay titled "Aaron Swartz: cannon fodder in the war against internet freedom; Governments are determined to control the internet, and if hackers like Swartz get in the way, they will be crushed."

New York magazine has a blog post titled "Anger at Prosecutors Boils Over at Aaron Swartz Memorial."

The Verge has blog posts titled "Aaron Swartz memorial evokes strong emotions and political urgency; Friends, family, and colleagues share stories of the activist's life and work" and "After Aaron: how an antiquated law enables the government's war on hackers, activists, and you; At the center of Aaron Swartz's controversial case is a 1986 anti-hacking law gone horribly wrong."

Online at The Toronto Globe and Mail, Simona Chiose has an essay titled "Aaron Swartz: A Julian Assange for the academic crowd."

At Wired.com's "GeekDad" blog, Jonathan H. Liu has a post titled "Wizzywig: Portrait of a Serial Hacker."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Proposed Amendments to 18 U.S.C. 1030."
Posted at 01:45 PM by Howard Bashman



"Home sellers don't have to disclose murder; Crime isn't a 'material defect' that potential buyers are entitled to know about, court says": In today's edition of The Morning Call of Allentown, Pennsylvania, Paul Muschick has this installment of his column, "The Watchdog."

This blog's earlier coverage of last month's en banc Pennsylvania Superior Court ruling can be accessed here.
Posted at 12:18 PM by Howard Bashman



"No classified FISA court rulings made public as a result of review": The Washington Post has this news update.
Posted at 12:08 PM by Howard Bashman


"Barack Obama vs. John Roberts, round 2": Josh Gerstein of Politico.com has this report.
Posted at 12:03 PM by Howard Bashman


"Four decades after Roe: A legacy of law and morality." Bill Mears of CNN.com has this report.

And The Associated Press has a report headlined "Roe v Wade: After 40 years, deep divide is legacy."
Posted at 12:00 PM by Howard Bashman



"The time bomb in Obamacare?" Columnist George F. Will has an op-ed in The Washington Post that begins, "A willow, not an oak. So said conservatives of Chief Justice John Roberts when he rescued the Affordable Care Act (ACA) -- a.k.a. Obamacare -- from being found unconstitutional. But the manner in which he did this may have made the ACA unworkable, thereby putting it on a path to ultimate extinction."
Posted at 11:37 AM by Howard Bashman


"Justice Sotomayor's memoir a story of stubborn optimism; Her candid book, 'My Beloved World,' details her improbable journey from the projects in the South Bronx to her appointment as a federal district judge": David G. Savage has this article today in The Los Angeles Times.

And last week, columnist Ruth Marcus of The Washington Post had an op-ed entitled "Sonia Sotomayor, one wise Latina" that begins, "To grasp the remarkable nature of Sonia Sotomayor's new autobiography, consider this: The justice pokes fun at her own unfashionable underwear."
Posted at 11:30 AM by Howard Bashman



"US high court taking American Indian adoption case": The Associated Press has this report.
Posted at 11:26 AM by Howard Bashman


"Under the U.S. Supreme Court: Justices getting ready to handcuff police?" Michael Kirkland of UPI has this report.
Posted at 09:23 AM by Howard Bashman


Saturday, January 19, 2013

"Michigan Supreme Court Justice Diane Hathaway charged with bank fraud over Fla. real estate deal": The Detroit Free Press has this news update.

And The Detroit News has an update headlined "Hathaway expected to plead guilty to bank fraud."
Posted at 11:58 PM by Howard Bashman



"For President and Chief Justice, Another Chance to Get It Right": Adam Liptak will have this new installment of his "Sidebar" column in Sunday's edition of The New York Times.
Posted at 11:32 PM by Howard Bashman


"Michigan Supreme Court justice charged with fraud": The Associated Press has a report that begins, "Michigan Supreme Court Justice Diane Hathaway has been charged with bank fraud just a few days before quitting the state's highest court. The charge was filed Friday and titled as a criminal 'information,' which means a guilty plea is expected."
Posted at 02:28 PM by Howard Bashman


"Aaron Swartz suicide has U.S. lawmakers scrutinizing prosecutors": The Los Angeles Times has this report. Yesterday's newspaper contained an editorial entitled "Aaron Swartz and the law: The Internet activist's suicide may prod Congress to narrow the scope of two laws that federal prosecutors were using against him." In addition, Jon Healey has an essay titled "The pushback against Aaron Swartz misses the point."

The Hill has a blog post titled "Democrat warns revamp of hacking law could take 'a very long time.'"

At The Huffington Post, Zach Carter has an article headlined "John Cornyn Criticizes Eric Holder Over Aaron Swartz's Death." And law professor Bennett L. Gershman has an essay titled "Was Aaron Swartz a Victim of Prosecutorial Overkill?"

Jason Leopold of Truthout has an article headlined "Aaron Swartz's FOIA Requests Shed Light on His Struggle."

Andrew F. Sellars of the Citizen Media Law Project has a blog post titled "The Impact of 'Aaron's Law' on Aaron Swartz's Case."

Online at Reuters, Jocelyn Sze has an essay titled "After Aaron Swartz."

Columnist Froma Harrop of The Providence (R.I.) Journal has an essay titled "Aaron Swartz was accused of real crimes."

And at his "noncuratlex.com" blog, Kyle Graham has a post titled "Some Thoughts on the Computer Fraud and Abuse Act."
Posted at 02:22 PM by Howard Bashman



"What Will That Feisty SCOTUS Do Next? Journalist Linda Greenhouse Assesses the Trajectory of the Roberts-Era Supreme Court." Zocalo Public Square has posted online the video of a discussion between law professor Henry Weinstein, formerly of The Los Angeles Times, and Linda Greenhouse.
Posted at 02:00 PM by Howard Bashman


"Military Prosecutor to Keep Conspiracy Charge in 9/11 Case": Charlie Savage has this article today in The New York Times.

In today's edition of The Miami Herald, Carol Rosenberg reports that "Pentagon, prosecution disagree on dropping 9/11 conspiracy charge; Rebuffed by a senior Pentagon official, who's taking a wait-and-see approach, the 9/11 prosecutor wants a judge to scratch a conspiracy charge from the death-penalty case."

And Jess Bravin of The Wall Street Journal reports that "U.S. Won't Appeal Ruling for Bin Laden's Driver."
Posted at 01:54 PM by Howard Bashman



"The Prosecution of Aaron: A Response to Orin Kerr." Law professor James Boyle has this post at his blog. You can also access it via The Huffington Post. I will post additional news coverage and commentary on this subject later today.
Posted at 10:00 AM by Howard Bashman


"The Making of a Justice": Emily Bazelon will have this review of Justice Sonia Sotomayor's book, "My Beloved World," in the Sunday Book Review section of tomorrow's edition of The New York Times.

And on today's broadcast of NPR's "Weekend Edition Saturday," Nina Totenberg had an audio segment titled "For Justice Sotomayor, Books Unlocked Imagination."
Posted at 09:42 AM by Howard Bashman



"Judge in Orie Melvin case grants prosecution requests": Today's edition of The Pittsburgh Post-Gazette contains a newsbrief that begins, "The judge presiding over the trial of suspended state Supreme Court Justice Joan Orie Melvin granted a number of prosecution requests Friday for the case, which is scheduled to begin Wednesday with jury selection."
Posted at 09:37 AM by Howard Bashman


"U.S. Supreme Court will reconsider case of woman who tried to poison romantic rival": Robert Barnes has this article today in The Washington Post.
Posted at 09:35 AM by Howard Bashman


"Sotomayor scheduling conflict leads to Biden's early swearing-in": David G. Savage and Michael A. Memoli of The Los Angeles Times have this report.
Posted at 09:30 AM by Howard Bashman


Friday, January 18, 2013

"Pentagon slaps down Guantanamo prosecutor": Josh Gerstein of Politico.com has this blog post.

And The Associated Press reports that "Charges stay for now in Sept. 11 at Guantanamo."
Posted at 04:35 PM by Howard Bashman



"The Death of Aaron Swartz": Peter Singer and Agata Sagan have this post today at the blog of The New York Review of Books.
Posted at 04:32 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court granted review in four cases.

In early news coverage, The Associated Press has reports headlined "High court may block Stanford investor lawsuits" and "High court to hear appeal in case of jilted woman."

Greg Stohr of Bloomberg News reports that "Stanford Suits Get Court Review in Securities-Fraud Test."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court grants four cases."
Posted at 03:37 PM by Howard Bashman



Now you, too, can hear and try to make sense of Justice Clarence Thomas's words spoken earlier this week at a U.S. Supreme Court oral argument: The Court today has posted online at this link the audio of Monday's oral argument in Boyer v. Louisiana, No. 11-9953. Justice Thomas can be heard saying "He did not" shortly after the 41-minute mark.
Posted at 02:04 PM by Howard Bashman


"Cornyn Questions Holder Over Death of Reddit Co-Founder Aaron Swartz": U.S. Senator John Cornyn (R-TX) issued this news release today. You can access Senator Cornyn's letter to Attorney General Eric Holder at this link.
Posted at 01:56 PM by Howard Bashman


Seventh Circuit overturns that portion of a federal district court's ruling holding that parts of Wisconsin's Act 10, regulating collective bargaining for public employees, are unconstitutional: You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

Previously, Bruce Vielmetti and Patrick Marley of The Milwaukee Journal Sentinel reported on the district court's ruling in an article headlined "Federal court strikes down parts of union law."

Update: In early news coverage of today's ruling, The Milwaukee Journal Sentinel has a blog post titled "Federal court of appeals upholds Gov. Walker's union law."

The Wisconsin State Journal has a news update headlined "Appeals court reverses federal judge's decision, upholds collective bargaining law in its entirety."

The Associated Press reports that "Federal appeals court upholds Wis. union limits."

Bloomberg News reports that "Wisconsin Union Law Backed by Walker Upheld by U.S. Court."

Jonathan Stempel of Reuters reports that "Appeals court upholds controversial Wisconsin union law."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Federal Appeals Court Upholds Wisconsin Law Curbing Public Unions."
Posted at 01:50 PM by Howard Bashman



"After Losing Injunction Bid, Apple Tries to Leapfrog Panel Review": Vanessa Blum of The Recorder has this report.
Posted at 01:11 PM by Howard Bashman


"Meet the College Senior Who Helped Expose the Manti Te'o Hoax; Veteran scribes, eat your hearts out: Jack Dickey is a senior in college." The "Boston Daily" blog of Boston magazine has this post today.
Posted at 12:21 PM by Howard Bashman


"A final, for now, Aaron Swartz post: 'A time for silence.'" Law professor Lawrence Lessig has this blog post today.

And online at The Nation, Michelle Dean has a blog post titled "The Case of Aaron Swartz."

Meanwhile, in news coverage, today's edition of The Boston Herald contains an article headlined "Experts: Show of emotion won't save career" that begins, "U.S. Attorney Carmen Ortiz's teary defense of her case against Internet prodigy Aaron Swartz showed an emotional side of the embattled prosecutor, but that won't stop foes from using the controversy as a 'weapon' against her if she pursues what appeared to be a burgeoning political career, one expert said." In addition, columnist Peter Gelzinis has an essay titled "Carmen Ortiz 'terribly upset' by Swartz death."

Peter Schworm and Martin Finucane of The Boston Globe report that "US Attorney Carmen Ortiz says she's 'terribly upset' about computer activist's suicide." And columnist Kevin Cullen has an op-ed titled "Ortiz should offer answers."
Posted at 11:04 AM by Howard Bashman



"Understanding standing: The Court's Article III questions in the same-sex marriage cases (II)." Marty Lederman has this post today at "SCOTUSblog."
Posted at 10:54 AM by Howard Bashman


"Patent Trial Awards Soar With Some Big Ones Cut by Judges": Margaret Cronin Fisk of Bloomberg News has this report.
Posted at 10:38 AM by Howard Bashman


"Vibrator With 3 Balls Can't Win EU Trademark, Court Says": Bloomberg News has this report on a ruling that a three-judge panel of the General Court of the European Union issued today. The decision is currently available in French and German.
Posted at 10:32 AM by Howard Bashman


"Bryan takes seat on state Supreme Court": The Greenville (Ala.) Advocate has an article that begins, "After years of working in state courts, one of Crenshaw County's own has taken his place on the highest court in Alabama." And a related article is headlined "Butts served as county's first state Supreme Court Justice."
Posted at 09:15 AM by Howard Bashman


"Guns, Democracy, and the Supreme Court": Law professor Patricia J. Williams will have this essay in the February 4, 2013 issue of The Nation.
Posted at 09:08 AM by Howard Bashman


"Daytona lawyer on winning team as highest court rules house not a boat": This article appears today in The Daytona Beach News-Journal.
Posted at 09:06 AM by Howard Bashman


"Black conservatives launch effort to scrap part of Voting Rights Act; Argument focuses on requirement that areas with a history of discrimination must let US government approve voting changes": The Guardian (UK) has this report.
Posted at 09:04 AM by Howard Bashman


"Clarence Thomas's supreme silence": Jena McGregor has this essay online at The Washington Post.
Posted at 09:02 AM by Howard Bashman


"This is Forty: The Anniversary of Roe v. Wade." Jill Lepore has this blog post online today at The New Yorker.
Posted at 08:52 AM by Howard Bashman


"Military Judge Rejects Defense Requests at Terror Hearings": In today's edition of The New York Times, Charlie Savage has an article that begins, "A military judge at the prison at Guantanamo Bay, Cuba, declined this week to rule on whether the Constitution applied to the military tribunal case involving the terrorist attacks on Sept. 11, 2001."
Posted at 08:50 AM by Howard Bashman


Thursday, January 17, 2013

"Joan Rivers Wins Privacy Dispute at Appeals Court; A woman who approached the comedian and appeared briefly in her 2010 documentary didn't have a reasonable expectation of privacy": Eriq Gardner has this post at The Hollywood Reporter's "Hollywood, Esq." blog reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 10:44 PM by Howard Bashman


"Aaron Swartz's Father: MIT Put 'Institutional Concerns Ahead Of Compassion.'" Gerry Smith of The Huffington Post has this report.

Friday's edition of The Wall Street Journal will contain an editorial titled "Cyber Crime and Punishment: Digital justice after Aaron Swartz's suicide." You can freely access the full text of the editorial via Google News.

At Ars Technica, Nate Anderson has a blog post titled "Opening arguments in the court of public opinion after Aaron Swartz' death; You don't have to follow tech to find lessons in the young activist's suicide."

And the Electronic Frontier Foundation has a blog post titled "EFF's Initial Improvements to Aaron's Law for Computer Crime Reform."
Posted at 09:04 PM by Howard Bashman



"Florida high court upholds pension changes, but on narrow grounds": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

My earlier coverage of today's Florida Supreme Court ruling appears at this link.
Posted at 06:20 PM by Howard Bashman



"Justice Wil Schroder retires from Ky. Supreme Court to deal with brain tumor": The Lexington Herald-Leader has this news update. You can view Justice Schroder's official online biography at this link.
Posted at 06:15 PM by Howard Bashman


"Aaron Swartz Prosecution Sparks Push For Changes To Law By Top Tech Representative": Zach Carter and Ryan J. Reilly of The Huffington Post have this report.

And the January 19, 2013 issue of The Economist will contain this obituary.
Posted at 05:14 PM by Howard Bashman



"Supreme Court conundrum: How far does a soybean seed patent go?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:21 PM by Howard Bashman


In today's mail: I received a review copy of the book "My Beloved World," by U.S. Supreme Court Justice Sonia Sotomayor.
Posted at 02:44 PM by Howard Bashman


"Justices Pay Tribute to Former Longtime Supreme Court Official": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:40 PM by Howard Bashman


"Sons of Confederate Veterans Seek to Remove Plaque": The Texas Tribune today has an article that begins, "Lawyers for the Sons of Confederate Veterans have filed a motion in a state district court seeking to remove a plaque in the Texas Supreme Court building that the historical group says inadequately honors the Confederacy."
Posted at 02:36 PM by Howard Bashman


"U.S. Attorney Says Aaron Swartz Prosecution 'Was Appropriate'": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 02:28 PM by Howard Bashman


"Florida Supreme Court upholds law requiring state workers to contribute 3 percent of pay to state pension plan": The Miami Herald has this news update.

The South Florida Sun-Sentinel has a news update headlined "High court upholds required pension contributions from public employees."

And Bloomberg News reports that "Florida Worker Pension Changes Are Legal, Court Rules."

You can access today's 4-to-3 ruling of the Supreme Court of Florida at this link.
Posted at 01:18 PM by Howard Bashman



"UVA Law Professor Takes Students Inside Office of Solicitor General": The University of Virginia School of Law issued this news release today.
Posted at 12:43 PM by Howard Bashman


"Dubina to hand Eleventh Circuit chief post to Carnes this summer; still not committing on senior status": Alyson M. Palmer has this post today at The Fulton County Daily Report's "ATLaw" blog.
Posted at 12:26 PM by Howard Bashman


"Understanding standing: The Court's Article III questions in the same-sex marriage cases (I)." Marty Lederman has this lengthy post today at "SCOTUSblog."
Posted at 11:30 AM by Howard Bashman


"Circuit Split Watch: Gun Rights Outside the Home." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 11:28 AM by Howard Bashman


"Appeals court reinstates lawsuit over Royals' hot dog toss; The case involves food flung by mascot Sluggerrr at Royals game": In yesterday's edition of The Kansas City Star, Mark Morris had an article that begins, "A Kansas man injured by a flying hot dog at a 2009 Royals game will get another bite at the sausage, a state appeals court ruled Tuesday."

You can access Tuesday's ruling of the Missouri Court of Appeals, Western District, at this link (via "JonathanTurley.org" and "Lowering the Bar").

For those who may be concerned about the absence of a blog entirely devoted to the fertile area of mascot law, I'm pleased to note that "Lowering the Bar" offers a series of posts on the subject.
Posted at 11:20 AM by Howard Bashman



"Producer of pornographic fetish films gets 4 years in prison; Ira Isaacs is sentenced after a six-year prosecution that included two mistrials; He defended his work as protected by the 1st Amendment, but a judge sharply disagreed": This article appears today in The Los Angeles Times.

And Josh Gerstein of Politico.com has a blog post titled "X-rated video maker gets 4-year prison term."
Posted at 10:34 AM by Howard Bashman



"Appeals court rules on news media access to polling places": The Pittsburgh Post-Gazette has this article reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued Tuesday.

Update: In other coverage, Tal Kopan of Politico.com has a blog post titled "Court: OK to block press from polling sites."
Posted at 09:12 AM by Howard Bashman



"Roberts Roils Obama as Hughes Stymied Roosevelt in Supreme Times": Greg Stohr of Bloomberg News has this report.
Posted at 09:10 AM by Howard Bashman


"U.S. Supreme Court asked to hear Greece lawsuit": The Rochester (N.Y.) Democrat and Chronicle has an article that begins, "A religious freedom lawsuit over prayers used to start Greece Town Board meetings could land before the U.S. Supreme Court, if the town's legal defense group has its way."
Posted at 09:07 AM by Howard Bashman


"U.S. feels like 1973 with hot abortion issue": Richard Wolf of USA Today has this report.
Posted at 09:04 AM by Howard Bashman


"Alabama appeals part of immigration law decision to U.S. Supreme Court": This article appears today in The Montgomery Advertiser.
Posted at 08:57 AM by Howard Bashman


"Orie Melvin attorneys seek identity of woman who filed lawsuit": Yesterday evening, Paula Reed Ward of The Pittsburgh Post-Gazette had a news update that begins, "Attorneys for suspended state Supreme Court Justice Joan Orie Melvin entered another document under seal today in federal court."
Posted at 08:46 AM by Howard Bashman


"The Criminal Charges Against Aaron Swartz (Part 2: Prosecutorial Discretion)." Orin Kerr has this post at "The Volokh Conspiracy."

And at Forbes.com, Timothy B. Lee has a post titled "Aaron Swartz and the Corrupt Practice of Plea Bargaining."
Posted at 08:30 AM by Howard Bashman



"US attorney defends office's action in MIT hacker case": This article appears today in the Boston Globe. In addition, columnist Joan Vennochi has an op-ed titled "Swartz case is sad, but not an overreach."

Today's edition of The Boston Herald contains an article headlined "Ortiz: We never intended full penalty for Swartz." In addition, columnist Margery Eagan has an op-ed titled "Outrage over zealous feds; Statement too little, too late."

The Wall Street Journal reports that "Swartz Prosecutor Defends Stance." You can freely access the full text of the article via Google News. WSJ.com's "Law Blog" has a post titled "US Attorney Statement on the Prosecution of Aaron Swartz."

Bloomberg News reports that "Prosecutors Intended Six-Month Sentence for Aaron Swartz."

The Guardian (UK) has a report headlined "Aaron Swartz: US attorney says she only sought six-month jail term; Carmen M Ortiz responds to pressure over death of Reddit co-founder by saying her office acted reasonably."

Ryan J. Reilly of The Huffington Post has a report headlined "Aaron Swartz Prosecutor Defends Charges, Days After Activist's Suicide."

And c|net reports that "U.S. Attorney defends office's conduct in Aaron Swartz case; Challenging the notion that her office's actions led to the suicide of the Internet activist, Carmen Ortiz said that the conduct of her prosecutors was appropriate."
Posted at 08:24 AM by Howard Bashman



Wednesday, January 16, 2013

"Democrats Blast Increased House Legal Fees for Defense of DOMA": Roll Call has this report.
Posted at 11:12 PM by Howard Bashman


"Supreme Court Hears Argument on the F.C.C.'s Authority to Rule on Cellphone Towers": Adam Liptak will have this article Thursday in The New York Times.
Posted at 10:30 PM by Howard Bashman


"Iowa Supreme Court worked through transition": The Waterloo-Cedar Falls Courier has a news update that begins, "State Court Administrator David Boyd said Wednesday he believes the Iowa Supreme Court has weathered a 'perfect storm' of anti-judicial sentiment that brewed in 2010 following a controversial same-sex marriage decision and disruptive state budget cuts."
Posted at 10:28 PM by Howard Bashman


"Maker of porn films gets 4 years in prison in federal obscenity case": The Los Angeles Times has this news update.

My earlier coverage of today's sentencing appears at this link.
Posted at 10:00 PM by Howard Bashman



"The Next Second Amendment War: How will the Supreme Court view gun rights after Newtown?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 09:48 PM by Howard Bashman


"To supporters, Swartz was protagonist for a cause": The Associated Press has this interesting report.
Posted at 06:18 PM by Howard Bashman


"Deal puts first Asian-American on state appellate court": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Gov. Nathan Deal on Wednesday appointed Fayette County State Court Judge Carla Wong McMillian to be the first Asian-American to serve on a Georgia appellate court."
Posted at 05:16 PM by Howard Bashman


"Aaron's Law: It won't bring him back; But the loss of the Internet activist has prompted a bill in Congress that would protect others from the same kind of prosecutorial abuse." Law professor Lawrence Lessig has this essay online at The Atlantic.
Posted at 05:14 PM by Howard Bashman


"Surveillance Strategy Is 'Privileged and Confidential,' FBI Says": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 05:09 PM by Howard Bashman


"Ira Isaacs Sentenced to 48 Months in Prison in Los Angeles Adult Obscenity Case": The U.S. Department of Justice issued this news release today.

And in news coverage, XBIZ.com reports that "Ira Isaacs Sentenced to 4 Years in Federal Prison, Fined $10K." According to the article, "Isaacs attorney Roger Jon Diamond indicated that his client will appeal the ruling to the 9th U.S. Circuit Court of Appeals."

Earlier, The Associated Press previewed today's sentencing in an article headlined "Porn producer to be sentenced in obscenity case." According to The AP's report, "The Wednesday sentencing caps a five-year legal saga that led to two mistrials. A 2008 trial was halted after the Los Angeles Times reported Alex Kozinski, chief judge of the 9th Circuit Court of Appeals, had sexually explicit material on a personal website. Kozinski, who presided over the trial, recused himself and was admonished by a special committee of his colleagues."
Posted at 05:04 PM by Howard Bashman



First it was WSJ.com's "Law Blog," and now Weekly World News is planning to implement a paywall: Andrew Beaujon has the details here, at Poynter.org.
Posted at 04:44 PM by Howard Bashman


"Media join fight against Delaware's 'secret' court hearings; Media groups say closed hearings hurt court's integrity; Appeals court to decide if judges can hear arbitrations; Business groups say Delaware system benefits shareholders": Tom Hals of Reuters has this report.
Posted at 04:26 PM by Howard Bashman


"Former Federal Prosecutor Calls Tweets Attacking Swartz Family 'Mind-Boggling Offensive'; 'For the US attorney's spouse to get out there, in a way that can only be viewed as acting as her agent, is a complete and utter lack of judgment'": Patrick Clark has this post today at the "Betabeat" blog of The New York Observer. That blog's earlier coverage appeared in a post titled "IBM Exec Husband of Aaron Swartz Prosecutor Takes to Twitter to Defend His Wife."

Radley Balko, at his blog "The Agitator," has a post titled "The Power Of The Prosecutor."

And at "The Laboratorium," law professor James Grimmelmann has a post titled "My Career as a Bulk Downloader."
Posted at 03:54 PM by Howard Bashman



"Supreme Court weighs limits to federal agency powers": Jonathan Stempel of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Arlington v. FCC, No. 11-1545.
Posted at 03:14 PM by Howard Bashman



"Court Definitively Rejects AFP's Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It -- AFP v. Morel": Venkat Balasubramani has this post today at the "Technology & Marketing Law Blog."

U.S. District Judge Alison J. Nathan issued Monday's ruling of the U.S. District Court for the Southern District of New York.
Posted at 02:44 PM by Howard Bashman



"Court in NYC upholds geriatric gangster conviction": The Associated Press has this report on a summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 02:08 PM by Howard Bashman


"Justice Department Refuses to Release GPS Tracking Memos": Catherine Crump, staff attorney for the ACLU Speech, Privacy and Technology Project, has this blog post today.

Update: In early news coverage, Ryan J. Reilly of The Huffington Post reports that "FBI GPS Tracking Memos Kept Mostly Secret By Justice Department."
Posted at 01:45 PM by Howard Bashman



"As 'Roe v. Wade' turns 40, most oppose reversing abortion ruling": Reuters has this report on the results of a poll by the Pew Research Center.
Posted at 01:37 PM by Howard Bashman


"The Silence of the Clarence: Justice Clarence Thomas breaks a self-imposed seven-year silence to take a four-word jab at the Ivy League." This video segment appeared on last night's broadcast of Comedy Central's "The Daily Show with Jon Stewart."
Posted at 01:25 PM by Howard Bashman


"Really!?!" with Judge Posner and Amy: The second-to-last paragraph of an opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit states, "Really the Social Security Administration and the Justice Department should have been able to do better than they did in this case."
Posted at 11:44 AM by Howard Bashman


"'Aaron's law,' Congressional investigation in wake of Swartz suicide; Computer Fraud and Abuse Act would be amended to exclude EULA violations": Timothy B. Lee has this post at Ars Technica.
Posted at 11:23 AM by Howard Bashman


"Scalia Gives the Government a Surprise Boost in Property Rights Case; Property rights advocates faced an unlikely opponent during Supreme Court oral argument this week": Damon W. Root has this essay online today at Reason.

And yesterday, he had an essay titled "Sonia Sotomayor's Disappointing Memoir: The Supreme Court justice sheds little light on her legal approach."
Posted at 11:20 AM by Howard Bashman



"Media allies support lawsuit; Briefs argue for openness": Today's edition of The News Journal of Wilmington, Delaware contains an article that begins, "Twelve of the world's top news organizations, including Gannett Co. Inc., The New York Times Co., News Corp., Bloomberg and the Associated Press, have lined up against Delaware's secret arbitration court for high-stakes business disputes."
Posted at 11:14 AM by Howard Bashman


"Retired Federal Judge Joins Criticism Over Handling Of Swartz Case": Boston's 90.9 WBUR Radio has this report.

Today's edition of The Chicago Tribune contains an article headlined "Family, Web celebs mourn Internet activist; At Highland Park service, father blames government for open-access advocate's suicide."

Declan McCullagh of c|net reports that "Prosecutor in Aaron Swartz 'hacking' case comes under fire; Carmen Ortiz was being talked about last month as the next Massachusetts governor; Now she's being investigated for threatening the late Aaron Swartz with decades in prison."

Gerry Smith of The Huffington Post reports that "Aaron Swartz Case 'Snowballed Out Of MIT's Hands,' Source Says."

The Hill has a blog post titled "Lawmakers slam DOJ prosecution of Swartz as 'ridiculous, absurd.'"

The Tech, MIT's student newspaper, has articles titled "Aaron Swartz found dead Friday; Internet legend faced copyright-related legal issues before death" and "Anonymous hacks MIT," along with a related interactive item headlined "Timeline: USA v. Swartz and the aftermath."

Online at BuzzFeed, Justine Sharrock has a report headlined "Who Prosecuted Aaron Swartz? People across the internet are calling for District Attorney Carmen Ortiz to be fired. Who is she?"

And at "readwrite social," Fruzsina Eordogh has a blog post titled "What It Was Like Attending Aaron Swartz's Funeral."
Posted at 09:08 AM by Howard Bashman



"Floating home is not vessel, Supreme Court says": Robert Barnes has this article today in The Washington Post.

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court upholds state laws on floating homes; Floating houses are governed by laws applying to homes, not those for ships and boats, the justices find; The ruling also covers dockside casinos and restaurants.."

In today's edition of The Wall Street Journal, Brent Kendall and Jess Bravin have an article headlined "High Court Ruling a Relief for Floating Casinos." You can freely access the full text of the article via Google News.

USA Today has an article headlined "High Court: Not every floating home is a boat."

The Tampa Bay Times reports that "U.S. Supreme Court sides with Florida man who said his boat was a home."

The South Florida Sun-Sentinel reports that "U.S. Supreme Court rules in favor of South Florida floating home owner; Court reverses decision that resulted in Riviera Beach destroying Fane Lozman's floating home."

And The Palm Beach Post reports that "Fane Lozman, winner in Supreme Court case against Riviera Beach, calls it 'an amazing day.'"
Posted at 08:54 AM by Howard Bashman



Tuesday, January 15, 2013

"Federal court upholds decision to allow higher ethanol blends": Reuters has this report on an order denying rehearing en banc, accompanied by a dissent, that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 09:34 PM by Howard Bashman


"Lofgren to introduce bill amending computer hacking law in honor of Swartz": The Hill has this report. You can view the proposed legislation by clicking here.

Reuters reports that "Anti-hacking law questioned after death of Internet activist."

The Huffington Post reports that "Darrell Issa Probing Prosecution Of Aaron Swartz, Internet Pioneer Who Killed Himself."

In Wednesday's edition of The Chicago Tribune, columnist Clarence Page will have an essay titled "Sad farewell to an Internet freedom fighter."

And at the blog of the Center for Internet and Society, Jennifer Granick has a post titled "Towards Learning from Losing Aaron Swartz: Part 2."
Posted at 09:24 PM by Howard Bashman



"Dish Freed From U.S. Rules on Cable Set-Top Boxes": Bloomberg News has this report.

And Reuters reports that "Court sides with Dish in striking down FCC TV rule."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 06:22 PM by Howard Bashman



"Supreme Court Rules That Houseboats Are Houses, Not Boats": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:03 PM by Howard Bashman


"High court reviews property rights in Florida case": Jonathan Stempel of Reuters has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: An ever-shrinking 'takings' claim."
Posted at 06:00 PM by Howard Bashman



"Did Prosecutors Go Too Far In Swartz Case?" Carrie Johnson had this audio segment on this evening's broadcast of NPR's "All Things Considered."

The Dallas Morning News has a blog post titled "Read the full court file of the government's prosecution of open government hacktivist Aaron Swartz." The post provides access to all 603 pages of the federal district court's file.

The Daily Beast reports today that "Aaron Swartz's Unbending Prosecutors Insisted on Prison Time; Swartz faced tough U.S. Attorney Carmen Ortiz and her assistant Stephen Heymann, who rejected any deal that did not involve a prison sentence -- which may have helped drive the cyber programmer to despair."

Today at the "Health Care Renewal" blog, Roy M. Poses MD has a post titled "The Tragic Case of Aaron Swartz: Unequal Justice for Web Activists vs Health Care Corporate Executives."

And The Freedom of the Press Foundation has a blog post by Michael Morisy titled "How Aaron Swartz Fought For Government Transparency."
Posted at 05:54 PM by Howard Bashman



"Argument preview: Making a federal case out of legal malpractice claims." Ronald Mann has this post today at "SCOTUSblog."
Posted at 04:28 PM by Howard Bashman


"Floating Home, Like Pinocchio in the Whale, Is Not a Vessel, Justices Rule": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 04:25 PM by Howard Bashman


"Aaron Swartz was 'killed by government,' father says at funeral": The Chicago Sun-Times has this news update.

And The Chicago Tribune has a news update headlined "Aaron Swartz funeral: Internet prodigy mourned in Highland Park." Earlier, today's edition of The Chicago Tribune contains an article headlined "Local tech star's suicide puts Web info fight in spotlight."
Posted at 03:56 PM by Howard Bashman



"The Seventh Circuit Needs to Rein in Richard Posner; The conservative jurist made a joke out of a deadly serious case": Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 03:54 PM by Howard Bashman


"Opinion recap: Reasonable observer at dockside." Lyle Denniston has this post at "SCOTUSblog."
Posted at 03:42 PM by Howard Bashman


"Justices weigh Fla. property rights dispute": Lawrence Hurley of Greenwire has this report.
Posted at 03:35 PM by Howard Bashman


In today's mail: I received a review copy of the book "Manifest Injustice: The True Story of a Convicted Murderer and the Lawyers Who Fought for His Freedom," by Pulitzer Prize-winning author Barry Siegel. The book is scheduled to go on sale January 22, 2013.
Posted at 02:22 PM by Howard Bashman


"NY appeals court denies bail in cannibalism case": The Associated Press has a report that begins, "A federal appeals court denied bail Tuesday for a New York City police officer charged with conspiring to rape, kill and eat women after a judge cited evidence that the case wasn't built on a fantasy."
Posted at 02:16 PM by Howard Bashman


"Avast! Supreme Court sinks Florida houseboat ruling." Michael Doyle of McClatchy Newspapers has this report.
Posted at 02:14 PM by Howard Bashman


"Prosecutor's Husband Fights Back Against Everyone Criticizing The Case Against Aaron Swartz": Abby Rogers has this report online at Business Insider.
Posted at 02:09 PM by Howard Bashman


"City's Argument Is All Wet, Supreme Court Says": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 12:22 PM by Howard Bashman


"DOMA: House Republicans Poised To Spend $3 Million On Legal Defense." Jennifer Bendery of The Huffington Post has a report that begins, "House Republican leaders have signed on to spend up to $3 million to keep defending the Defense of Marriage Act in court, according to a copy of their newly revised legal contract obtained by The Huffington Post."
Posted at 11:24 AM by Howard Bashman


"Congress has a Constitution problem -- many don't understand document": Stephen Dinan of The Washington Times has this report.
Posted at 11:22 AM by Howard Bashman


"Supreme Court refuses to hear appeal in Erie pizza bomber case": Ed Palattella has this article today in The Erie Times-News.
Posted at 10:40 AM by Howard Bashman


"Pittsburgh Post-Gazette pursues details on Joan Orie Melvin filing; Justice seeks name of STD suit woman": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "The Pittsburgh Post-Gazette on Monday filed a motion seeking to unseal documents in federal court filed by suspended state Supreme Court Justice Joan Orie Melvin. Last week, Justice Orie Melvin, who faces criminal trial later this month, filed a motion seeking to reveal the identity of a woman who claimed in a federal lawsuit that she contracted a sexually transmitted disease from a doctor she'd been dating."
Posted at 10:37 AM by Howard Bashman


"Web Activist's Suicide Highlights Tech Law": Joe Palazzolo and Spencer E. Ante have this article today in The Wall Street Journal.

Today's edition of The Boston Herald contains an article headlined "Petition to boot U.S. Attorney Ortiz in Aaron Swartz case tops 25,000."

In The Boston Globe, columnist Kevin Cullen has an op-ed titled "On humanity, a big failure in Aaron Swartz case."

Online at Slate, Marcia Hofmann has an essay titled "How To Honor Aaron Swartz: In the wake of the brilliant technology activist's death, let's fix the draconian Computer Fraud and Abuse Act."

And Aaron Greenspan has a blog post titled "A Sad Irony: The Federal Judiciary's PACER Pricing Is Illegal."
Posted at 10:14 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 in Lozman v. Riviera Beach, No. 11-626. Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Anthony M. Kennedy joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that "Floating home not covered under maritime law."

Jonathan Stempel of Reuters reports that "Supreme Court says floating home is not a vessel."

And Greg Stohr of Bloomberg News reports that "Floating-Home Owner Backed by Top Court in Casino Victory."
Posted at 10:05 AM by Howard Bashman



"Court To Weigh In On Concealed Weapons In Md." Today's broadcast of NPR's "Morning Edition" had this audio segment focusing on a case pending at the U.S. Court of Appeals for the Fourth Circuit.

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Setting some limits on gun rights."
Posted at 09:55 AM by Howard Bashman



"Supreme Court to hear Florida property-rights case": Reuters has this report.

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: When is a civic task a 'taking'?"

And today's edition of The Tampa Bay Times contains an editorial entitled "Environmental protection at stake in high court case."
Posted at 09:52 AM by Howard Bashman



"Speak, Clarence, Speak!" Andrew Cohen has this essay online at The Atlantic.
Posted at 09:44 AM by Howard Bashman


"Interview: Justice Sonia Sotomayor writes of life's struggles." Terry Baynes of Reuters has this report.

Bill Mears of CNN.com reports that "New Sotomayor memoir reveals pain, joys of an 'extraordinary journey.'"

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Sotomayor Memoir: Don't Let A Door Stop You." In addition, online at NPR Books, Jason Farago has a review of the book headlined "Of The People: Sonia Sotomayor's Amazing Rise."

And this morning's broadcast of the NBC News program "Today" contained a segment titled "Sonia Sotomayor opens up about childhood of 'neglect.'"
Posted at 09:26 AM by Howard Bashman



Monday, January 14, 2013

"Clarence Thomas speaks, but does it break his silent streak?" David G. Savage of The Los Angeles Times has this news update.

And online at The New Yorker, Jeffrey Toobin has a blog post titled "Clarence Thomas Speaks, Finally."

Update: At "SCOTUSblog," Tom Goldstein has a post titled "Justice Thomas speaks."
Posted at 09:12 PM by Howard Bashman



"Aaron Swartz's Lawyer: Prosecutor Stephen Heymann Wanted 'Juicy' Case For Publicity." The Huffington Post has this report.

At the blog of the Center for Internet and Society, Jennifer Granick has a post titled "Towards Learning from Losing Aaron Swartz."

And at "Patterico's Pontifications," Patterico has posts titled "Wall Street Journal on the Swartz Plea Bargain" and "EXCLUSIVE: Attorney for Aaron Swartz: Prosecutors' Arguments Were 'Disingenuous and Contrived.'"

Update: Kevin Cullen and John R. Ellement of The Boston Globe report that "MIT hacking case lawyer says Aaron Swartz was offered plea deal of six months behind bars."
Posted at 09:02 PM by Howard Bashman



"Everyone Interesting is a Felon: How the Legal System Failed Aaron Swartz -- And Us." Law professor Tim Wu has this blog post online at The New Yorker.

This evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Internet Activist Memorialized As Leader Of 'Free Culture' Movement."

And The Associated Press has a report headlined "Mass. lawyer: Told prosecutor Swartz suicidal."
Posted at 06:10 PM by Howard Bashman



"Sotomayor Found Her 'Competitive Spirit' In Gold Stars": Nina Totenberg of NPR had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:03 PM by Howard Bashman


"When 5,000 more words are too many": Lyle Denniston has this post at "SCOTUSblog."
Posted at 06:00 PM by Howard Bashman


"Justice Department asks Supreme Court to review appellate ruling on judges' pay": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

You can view the federal government's petition for writ of certiorari at this link.
Posted at 05:48 PM by Howard Bashman



"When the Law Is Worse Than the Crime: Why was a prosecutor allowed to intimidate Aaron Swartz for so long?" Emily Bazelon has this essay online at Slate.
Posted at 04:48 PM by Howard Bashman


"Justice Thomas Breaks His Silence in Court": Adam Liptak of The New York Times has this news update.

Jonathan Stempel of Reuters reports that "Clarence Thomas breaks nearly 7-year court silence."

Greg Stohr of Bloomberg News reports that "Thomas Makes Joke in First High Court Argument Words Since 2006."

And Ariane de Vogue of ABC News has a blog post titled "Justice Clarence Thomas Speaks, but What Does He Say?"
Posted at 04:40 PM by Howard Bashman



"SCOTUS won't disturb GOP voter fraud decree": Tal Kopan and Josh Gerstein of Politico.com have this blog post.
Posted at 04:15 PM by Howard Bashman


"5th Circuit has to explain a 'long-standing racial slur' to U.S. District Judge Lynn Hughes": John Council has this post today at the "Tex Parte Blog" of Texas Lawyer.
Posted at 04:11 PM by Howard Bashman


"Clarence Thomas breaks long silence during Supreme Court oral arguments": Robert Barnes of The Washington Post has this news update.

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Clarence Thomas Breaks His Silence from the Bench."

At The Huffington Post, Mike Sacks has a report headlined "Justice Clarence Thomas Speaks After Almost 7 Years Of Silence."

And at WSJ.com's "Law Blog," Jess Bravin has a post titled "Seven-Year Itch: Thomas Breaks Silence."
Posted at 02:50 PM by Howard Bashman



"Court seems split on mandatory minimum issue": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Just what does Apprendi mean?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Alleyne v. United States, No. 11-9335.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Supreme Court weighs overturning sentencing precedent."
Posted at 02:45 PM by Howard Bashman



"NY appeals court hears nuclear plant arguments": The Associated Press has this report.

And Bloomberg News has an updated report headlined "Vermont Fights Ruling It Can't Shut Entergy Nuclear Plant."

Update: In other coverage, Nate Raymond of Reuters reports that "Vermont urges court to let state close Entergy nuclear reactor."
Posted at 02:44 PM by Howard Bashman



"Carmen Ortiz, U.S. Attorney, Under Fire Over Suicide Of Internet Pioneer Aaron Swartz": The Huffington Post has this report.
Posted at 02:22 PM by Howard Bashman


"Justice Thomas speaks for 1st time in 7 years": At oral argument, that is. The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Boyer v. Louisiana, No. 11-9953. Alas, the audio from the oral argument will not become available online until Friday afternoon.
Posted at 02:11 PM by Howard Bashman



"Too Rich to Lose Money? AIG, the Takings Clause and the Roberts Court." Doug Kendall and Tom Donnelly have this entry today at The Huffington Post.
Posted at 12:04 PM by Howard Bashman


"High court takes up case on compelled speech." Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 12:03 PM by Howard Bashman


"Charles Cooper: The Other Superlawyer in the Gay Marriage Case." Eliza Gray has this blog post online today at The New Republic.
Posted at 11:45 AM by Howard Bashman


"Feds dismiss charges against Swartz, cite suicide": The Associated Press has this report.
Posted at 11:18 AM by Howard Bashman


"Vermont Fights Ruling It Can't Shut Entergy Nuclear Plant": Bloomberg News has this report.
Posted at 10:40 AM by Howard Bashman


"U.S. Supreme Court declines to take up custody battle over accused killer Pleau": Katie Mulvaney of The Providence (R.I.) Journal has this news update.
Posted at 09:55 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: You can access today's Order List at this link. The Court did not grant review in any new cases. The Court did, however, call for the views of the Solicitor General in two cases.

In early news coverage, The Associated Press has reports headlined "Court continues order targeting voter intimidation" and "Court won't get involved in inmate tug-of-war."

Reuters reports that "Supreme Court declines to hear Republican voting challenge."

Bloomberg News has reports headlined "Pfizer Gets High Court Inquiry on Asbestos Suit Shield"; "Otsuka Can Block Generic Abilify as Court Rejects Appeal"; and "Bard Wins Round as High Court Rejects Gore Patent Appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "GOP request denied."
Posted at 09:35 AM by Howard Bashman



"Sonia Sotomayor: 'Each decision comes at a cost."' Today's broadcast of the NBC News program "Today" contained this video segment consisting of an interview with U.S. Supreme Court Justice Sonia Sotomayor.
Posted at 09:00 AM by Howard Bashman


"A Justice Deliberates: Sotomayor On Love, Health And Family." Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 08:00 AM by Howard Bashman


"The Supreme Court Justice Death Calculator: How likely is it Antonin Scalia will die in the next four years? Two liberals? Find out with this grim calculator." Chris Kirk and Stephen Laniel have this item online today at Slate.
Posted at 07:56 AM by Howard Bashman


"Gay military spouses continue to face hurdles; Even after the repeal of ''don't ask, don't tell,' same-sex marriages are still not federally recognized, restricting families' access to services and benefits": Saturday's edition of The Los Angeles Times contained this article.
Posted at 07:53 AM by Howard Bashman


"In California, It's U.S. vs. State Over Marijuana": This front page article appears today in The New York Times.
Posted at 07:50 AM by Howard Bashman


"Unspeedy Trial in Louisiana": Today's edition of The New York Times contains an editorial that begins, "It has been nearly 50 years since the Supreme Court held that the Constitution guarantees every indigent criminal defendant a right to counsel."
Posted at 07:46 AM by Howard Bashman


"Legal Case Strained Troubled Web Activist": This article appears today in The Wall Street Journal.

Today's edition of The Boston Globe contains an article headlined "MIT will investigate its role in Aaron Swartz case; School, US criticized after hacker's suicide."

Today's edition of The New York Times contains an article headlined "A Data Crusader, a Defendant and Now, a Cause."

Today's broadcast of NPR's "Morning Edition" contained an audio segment titled "Internet Activist Aaron Swartz Dies At 26."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "The Criminal Charges Against Aaron Swartz (Part 1: The Law)."
Posted at 07:45 AM by Howard Bashman



Sunday, January 13, 2013

"Memoir Details Justice's Difficult Ascent": Jess Bravin will have this article in Monday's edition of The Wall Street Journal.

And in Monday's edition of USA Today, Richard Wolf will have an article headlined "Sotomayor makes surprising revelations in book; Sonia Sotomayor's candid memoir discusses her struggle with diabetes, her family's speckled past and her failed marriage."
Posted at 10:50 PM by Howard Bashman



"U.S. Supreme Court hears arguments in Central Florida land-development case": This article will appear Monday in The Orlando Sentinel.
Posted at 10:40 PM by Howard Bashman


"US Petitions SCOTUS To Rule On Judge Salary Dispute": Law360 has a report that begins, "The federal government has asked the U.S. Supreme Court to weigh in on a Federal Circuit en banc ruling that found congressional efforts to withhold judicial salary adjustments violated the compensation clause of Article III of the U.S. Constitution."
Posted at 10:36 PM by Howard Bashman


"Justice Sotomayor prefers 'Sonia from the Bronx'": You can view this evening's segment from the CBS News program "60 Minutes" at this link.

"60 Minutes Overtime" has a report (with related video) headlined "How affirmative action divides two justices."

And additional "60 Minutes" video segments bear the titles "Constitution: A living document or not?"; "Justice Sotomayor: 'A fantasy come true'"; "Sotomayor on the 'having-it-all' debate"; "When RFK came to Sotomayor's housing project"; and "A Yankee fan that risked her life for the Mets."
Posted at 08:50 PM by Howard Bashman



"A fair trial for James 'Whitey' Bulger?" In today's edition of The Boston Globe, columnist Joan Vennochi has an op-ed that begins, "Take ego out of the equation. Take out one jurist's desire to preside over the trial of the century. What's left is good reason for US District Court Judge Richard G. Stearns to step down from the James 'Whitey' Bulger trial."
Posted at 08:06 PM by Howard Bashman


"MIT president orders review of Aaron Swartz episode": Josh Gerstein of Politico.com has this report.

At the "Opinionator" blog of The New York Times, Peter Ludlow has a post titled "What is a 'Hacktivist'?"

And The Associated Press has a report headlined "Swartz' death fuels debate over computer crime."
Posted at 08:02 PM by Howard Bashman



"John Shick case reflects gun issues in U.S.; The system to stop mentally ill people from acquiring guns is a messy conglomerate of state and federal laws that often don't align and of databases that don't communicate": Moriah Balingit has this article today in The Pittsburgh Post-Gazette.
Posted at 03:20 PM by Howard Bashman


"Worried about word counts? Your choice of word processor matters a great deal." Don Cruse has this post today at "The Supreme Court of Texas Blog."
Posted at 03:06 PM by Howard Bashman


"Alcohol ruling examined; Servers' liability may have lessened": In today's edition of The Cincinnati Enquirer, Jim Hannah has an article that begins, "A Kentucky Supreme Court opinion that the Fort Mitchell County Club cannot be held liable for serving a golf cart driver alcohol may make it harder to hold establishments liable for their patrons' actions."

You can access last month's ruling of the Supreme Court of Kentucky at this link.
Posted at 02:51 PM by Howard Bashman



"From the Bronx to One of the Biggest Seats in Washington": In Monday's edition of The New York Times, Adam Liptak will have an article that begins, "Justice Sonia Sotomayor is a proud daughter of New York City, and her adjustment to life in the nation's capital has been rocky. Do not get her started, for instance, about ordering takeout."
Posted at 02:40 PM by Howard Bashman


"Veronica could make history": This very lengthy article about the Baby Veronica case that the U.S. Supreme Court recently agreed to review appears today in The Charleston (S.C.) Post and Courier.
Posted at 02:30 PM by Howard Bashman


"Fight over Vt. nuclear plant oversight in NY court": The Associated Press has a report that begins, "The question of whether Vermont's only nuclear plant can continue operating without the approval of state regulators goes before a federal appeals court Monday in a dispute that has gained increasing attention nationally about the boundaries of federal authority over a controversial power source."
Posted at 02:26 PM by Howard Bashman


"Death Row 'class of 1972' in spotlight after parolee's murder arrest": The Contra Costa Times contains this article today.

And in Friday's edition of The San Francisco Chronicle, Bob Egelko had an article headlined "Killer's death wish led to landmark ruling."
Posted at 02:24 PM by Howard Bashman



"Anita Hill: 'It was worth it'; The law professor is the subject of a new documentary on the 1991 Senate Judiciary Committee hearings in which she accused Supreme Court nominee Clarence Thomas of sexual harassment." This interview appears today in The Los Angeles Times.

The Sundance Film Festival's web site offers additional information about the documentary.
Posted at 02:06 PM by Howard Bashman



"Sotomayor tells life story shaped by disease, overcoming adversity": Robert Barnes will have this article Monday in The Washington Post.
Posted at 01:57 PM by Howard Bashman


"Supreme Court to rule on Texas districts; State argues it's not discriminating": In today's edition of The San Antonio Express-News, Gary Martin has an article that begins, "Texas redistricting plans that were ruled discriminatory to minorities now are before the U.S. Supreme Court, where justices are weighing whether to hear an appeal by the state."
Posted at 01:54 PM by Howard Bashman


"Under the U.S. Supreme Court: Justices set same-sex cases for March." Michael Kirkland of UPI has this report.
Posted at 01:52 PM by Howard Bashman


"Gun Owners Of America Chief: Scalia Wrong On Second Amendment." Pema Levy has this entry today at TPM LiveWire.
Posted at 01:42 PM by Howard Bashman


"Aaron Swartz And Our Broken Justice System": Jonathan Blanks has this interesting post at his blog, "The Blanks Slate."
Posted at 01:40 PM by Howard Bashman


"A Chicago Jail Break Right Out Of Central Casting": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 01:35 PM by Howard Bashman


"The 10th Anniversary of Balkinization": Law professor Jack M. Balkin has this post today.

"How Appealing" first linked to Jack's blog on January 15, 2003.
Posted at 01:33 PM by Howard Bashman



"The Views of the SG Aren't Worth a Dang": Law professor Michael S. Greve has this post at the "Liberty Law" blog.

A related law review article from 2009, which mentions the "How Appealing" blog in footnote one, can be accessed here.
Posted at 01:22 PM by Howard Bashman



"Argument preview: Back to the sentencing puzzle." Lyle Denniston has this post at "SCOTUSblog."

And today's edition of The New York Times contains an editorial titled "Restoring Due Process."
Posted at 10:06 AM by Howard Bashman



"Cabinet Picks Come As Democrats Push To Change Filibuster": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."

And last Thursday, David Weigel had an essay online at Slate titled "How To Destroy the Filibuster: Republicans say they'll block Chuck Hagel and Jack Lew; Democrats are using that threat to change the filibuster."
Posted at 10:04 AM by Howard Bashman



"The Sad Irony of Affirmative Action": Law professor Gail Heriot has this essay in the Winter 2013 issue of National Affairs.
Posted at 10:00 AM by Howard Bashman


"Under the U.S. Supreme Court: Bill Suter stepping down after 22 years." Michael Kirkland of UPI has this report.

My earlier coverage appears at this link.
Posted at 09:54 AM by Howard Bashman



Saturday, January 12, 2013

"Wisconsin Supreme Court race could shape several key rulings": In Sunday's edition of The Milwaukee Journal Sentinel, Patrick Marley will have an article that begins, "The spring race for state Supreme Court will determine the course the state's fractured high court takes for years as it likely addresses limits on collective bargaining and Wisconsin's stalled voter ID law."
Posted at 11:09 PM by Howard Bashman


"'My Beloved World' By Sonia Sotomayor": Law professor Jay Wexler has this book review in The Boston Globe.
Posted at 11:00 PM by Howard Bashman


"Contraception coverage heads to high court": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "In the wake of the U.S. Supreme Court's narrow decision to uphold the federal health care law, another challenge to the mandate for insurance coverage is headed toward the court. This one involves contraception, religion and, most likely, corporate 'personhood.'"
Posted at 05:47 PM by Howard Bashman


"Prominent porn producer suing L.A. County over new condom law; Vivid Entertainment, one of the nation's most prominent porn producers, is suing Los Angeles County in federal court to overturn a new law requiring actors to wear condoms during filming": This article appears today in The Los Angeles Times.

XBIZ.com reports that "Adult Entertainment Industry Files Suit Challenging Measure B."

And Mark Kernes of AVN News has a report headlined "So...What's That Measure B Lawsuit All About?"

You can view the complaint initiating suit in the U.S. District Court for the Central District of California at this link.
Posted at 05:32 PM by Howard Bashman



"High court to hear case on Port of L.A.'s Clean Truck Program; The trucking industry is challenging rules that Los Angeles adopted five years ago to reduce air pollution from trucks at the nation's busiest port": David G. Savage has this article today in The Los Angeles Times.
Posted at 05:24 PM by Howard Bashman


"At one point, he singlehandedly liberated 20 percent of US law." Today at "Boing Boing," Cory Doctorow has a post titled "RIP, Aaron Swartz" (via Denise Howell).

Back on February 2009, John Schwartz of The New York Times has an article headlined "An Effort to Upgrade a Court Archive System to Free and Easy."
Posted at 12:36 PM by Howard Bashman



"Makers of Violent Video Games Marshal Support to Fend Off Regulation": Eric Lichtblau has this article today in The New York Times.
Posted at 12:03 PM by Howard Bashman


"Can police use your silence against you? Supreme Court to decide; The Supreme Court is reviewing a case in which a Texas man's silence while voluntarily answering police questions was presented as evidence at trial; His murder conviction was upheld on appeal." Warren Richey of The Christian Science Monitor has this report.
Posted at 09:14 AM by Howard Bashman


"Justices to Hear Case on Groups' Free Speech": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court to decide restrictions on groups fighting HIV/AIDS."

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court to hear free speech case on anti-prostitution rule; Congress requires groups receiving funds to fight HIV and AIDS globally to have a standard opposing prostitution; Justices will hear the case in spring."

And in today's edition of The Wall Street Journal, Jess Bravin has an article headlined "High Court to Rule on U.S. Forcing Charities to Adopt Views." You can freely access the full text of the article via Google News.
Posted at 09:12 AM by Howard Bashman



"Man Taking Generic Drug Can Sue Branded Maker": Today's edition of The New York Times contains an article that begins, "The Alabama Supreme Court ruled on Friday that a patient could sue a brand-name company for failing to warn about a drug's risks even though he had taken a generic version of the product that the company did not make."

You can access yesterday's ruling of the Supreme Court of Alabama at this link (via "Lightfoot Appellate Watch").
Posted at 09:03 AM by Howard Bashman



"Alabama Supreme Court: Unborn children protected under state's chemical endangerment law." The Birmingham News has this report.

And today's edition of The Montgomery Advertiser contains an article headlined "Strange: Alabama Supreme Court ruling protects 'all life'; Chemical endangerment statute includes the unborn, justices state."

You can access yesterday's ruling of the Supreme Court of Alabama at this link (via "Lightfoot Appellate Watch").
Posted at 09:00 AM by Howard Bashman



"Sotomayor Opens Up About Childhood, Marriage In 'Beloved World'": Nina Totenberg has this report online at NPR.org, along with a report headlined "A Justice Deliberates: Sotomayor On Love, Health And Family."
Posted at 08:50 AM by Howard Bashman


Friday, January 11, 2013

"Sotomayor on role affirmative action played in her life": The CBS News program "60 Minutes" has posted online this written report and a related video setment.

And online at The Atlantic, Andrew Cohen has a review titled "Sonia Sotomayor and the Real Lessons of Affirmative Action; In a new memoir, the Supreme Court justice underlines the importance of optimism and perseverance" of Justice Sonia Sotomayor's autobiography "My Beloved World."
Posted at 08:54 PM by Howard Bashman



"Oh, Alabama. Not Roy Moore Again? The Ten Commandments chief justice is back, and he has not evolved." Mark Joseph Stern has this essay online today at Slate.

The Montgomery Advertiser has a news update headlined "Roy Moore sworn in for 2nd term as Chief Justice."

And The Birmingham News has an update headlined "Roy Moore in as Alabama's chief justice, while new justice Tommy Bryan steals show with compliment to wife."
Posted at 07:33 PM by Howard Bashman



"Book review: 'My Beloved World' by Sonia Sotomayor." Dahlia Lithwick will have this review of Justice Sonia Sotomayor's autobiography this weekend in The Washington Post.

The book is formally scheduled to go on sale January 15, 2013. This weekend will mark the launch of Justice Sotomayor's media blitz in support of the book, beginning with a segment Sunday evening on "60 Minutes."

Update: Earlier this week, Ariane de Vogue of ABC News had a blog post titled "Justice Sonia Sotomayor Gets Personal."
Posted at 06:05 PM by Howard Bashman



"Voter ID battle set to rage again": Politico.com has this report.
Posted at 05:44 PM by Howard Bashman


"Appeals Court Denies Copyright Claim Over Furniture on TV Show; HGTV's 'Selling New York' digitally recreated what one apartment would look like furnished much to the chagrin of one furniture maker": Eriq Gardner has this post at The Hollywood Reporter's "Hollywood, Esq." blog reporting on a summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 05:06 PM by Howard Bashman


"USS Cole defendant seeks dismissal of conspiracy charge": Carol Rosenberg of The Miami Herald has this news update.
Posted at 05:00 PM by Howard Bashman


"Judge says Mennonite owners must abide by health care law": The Philadelphia Inquirer has a news update that begins, "A judge on Friday rejected claims by the Mennonite owners of a Lancaster County furniture maker that new federal health care laws violate their free speech and religion rights by making them pay for employees' contraceptive services."

I have posted online at this link today's opinion and order of the U.S. District Court for the Eastern District of Pennsylvania.
Posted at 04:40 PM by Howard Bashman



"Florida land-use case at Supreme Court may have national impact": Michael Doyle of McClatchy Newspapers has this report.
Posted at 04:07 PM by Howard Bashman


"Elected Judges and Statutory Interpretation": Law professors Aaron-Andrew P. Bruhl and Ethan J. Leib have this article in the Fall 2012 issue of The University of Chicago Law Review.
Posted at 03:44 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 granted review in six new cases.

In early news coverage, The Associated Press reports that "High court to look at anti-sex-work pledge" and "Court to hear arguments on sex offender registry."

Greg Stohr of Bloomberg News reports that "Anti-Prostitution Rule Draws Top Court Review in HIV Case."

Reuters reports that "Supreme Court to review free speech of HIV/AIDS groups" and "Supreme Court to consider if silence can be evidence of guilt."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court grants six new cases."
Posted at 03:14 PM by Howard Bashman



"Parental rights, personal injury verdicts decided by Va. Supreme Court": In today's edition of The Richmond Times-Dispatch, Frank Green has an article that begins, "A man who agreed to have a child with a woman by in-vitro fertilization but later separated from her is entitled to parental rights, the Virginia Supreme Court ruled [Thursday]."

And The Associated Press has a report headlined "Va. Supreme Court: Sperm donor law not intended to block unmarried man's parental rights."

You can access yesterday's ruling of the Supreme Court of Virginia in the parental rights case at this link.
Posted at 01:54 PM by Howard Bashman



"Gun Buy Can Be Blocked by 1968 Misdemeanor Conviction": Andrew Zajac of Bloomberg News has a report that begins, "A U.S. Navy veteran can be barred from owning a gun because of a 1968 misdemeanor conviction over a fistfight, a federal appeals court ruled."

And The Associated Press has a report headlined "Court: Vet can't get gun after old conviction."

You can access today's ruling of a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:44 PM by Howard Bashman



"Netflix gets unfair postal advantage -- U.S. court": David Ingram of Reuters has this report.

Tom Schoenberg of Bloomberg News reports that "Netflix Improperly Favored by Post Office, Court Says."

And The Associated Press reports that "Court says Post Office must do better by Gamefly."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Update: In other coverage, at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Video Game Rental Company Says U.S. Postal Service Playing Favorites."

And Tal Kopan of Politico.com has a blog post titled "GameFly scores snail-mail legal win."
Posted at 01:22 PM by Howard Bashman



"Ninth Circuit Backs Plaintiffs in Medical Device Litigation": Scott Graham has this article today in The Recorder.

My earlier coverage of yesterday's en banc Ninth Circuit ruling appears here and here.
Posted at 08:24 AM by Howard Bashman



"Meet The Hero Of The Marriage Equality Movement: Edith Windsor never meant to be the face of a decades-long political, legal and civil-rights battle; But it's a role that suits her well." Chris Geidner has this report online at BuzzFeed Politics.
Posted at 08:14 AM by Howard Bashman


"Investigation shows Scalia-Hosie-CIA-Obama conspiracy": Today's edition of the annual joke issue of The Daily Princetonian contains an article that begins, "When Duncan Hosie '16 stood up in Richardson Auditorium to criticize Associate Justice Antonin Scalia's rhetoric on gay rights, Scalia knew what was coming. In fact, Scalia wrote Hosie's monologue himself."
Posted at 08:12 AM by Howard Bashman


Thursday, January 10, 2013

"Court upholds controversial dialysis law": The News Service of Florida has a report that begins, "A federal appeals court Thursday upheld the constitutionality of a heavily lobbied 2002 law that prevents Florida doctors from referring kidney-dialysis patients to labs in which the doctors have financial stakes."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:38 PM by Howard Bashman



"9th Circuit revives Medtronic pain pump suit": Terry Baynes of Reuters has this report.

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 08:44 PM by Howard Bashman



"The Danger Lurking Behind the Platinum Coin: This way lies the risk of impeachment." Law professor Eric Posner has this essay online today at Slate.
Posted at 06:07 PM by Howard Bashman


"Bin Laden death photos might not see the light of day": Michael Doyle of McClatchy Newspapers has this report.

I linked to additional coverage of today's D.C. Circuit oral argument in this earlier post.
Posted at 05:57 PM by Howard Bashman



"Lincoln, the Supreme Court, and the Reconstruction Revolution": The McClatchy-Tribune News Service has posted online this essay written by Doug Kendall and Tom Donnelly.
Posted at 05:08 PM by Howard Bashman


"Texas court asks: Is man's best friend priceless?" The Associated Press has a report that begins, "They say all dogs go to heaven. But if they get there before their time, should someone pay up? The Texas Supreme Court began mulling Thursday whether grieving dog owners should be able to sue for the 'emotional value' of man's best friend."

You can view the video of today's oral argument in the Supreme Court of Texas by clicking here. And the briefs filed in the case can be accessed via this link.
Posted at 04:56 PM by Howard Bashman



"Supreme Court won't block Orie Melvin's prosecution": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update reporting on an order that the Supreme Court of Pennsylvania issued this afternoon.

Earlier this afternoon, The Pittsburgh Tribune-Review had a news update headlined "DA's office says state Supreme Court should not dismiss Orie Melvin charges."
Posted at 04:44 PM by Howard Bashman



"U.S. Death Penalty Support Stable at 63%; Decade-long decline in support after 2001 seen mostly among Democrats": Gallup Politics issued this news release yesterday.
Posted at 04:20 PM by Howard Bashman


"Warner Bros. Wins Blockbuster Victory in Legal Battle for Superman; An appeals court finds that Jerome Siegel's heirs made a deal with the studio in 2001 over rights to Superman": Eriq Gardner has this post at The Hollywood Reporter's "Hollywood, Esq." blog.

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

Update: A reader kindly points out that the Ninth Circuit today also issued two related unpublished rulings (here and here) addressing the merits of this matter.
Posted at 03:45 PM by Howard Bashman



"Wetlands regulation at heart of Fla. property rights dispute": Lawrence Hurley of Greenwire has this article reporting on a case that is scheduled for oral argument next Tuesday in the U.S. Supreme Court.
Posted at 02:44 PM by Howard Bashman


"In Nike opinion, justices reaffirm limits on who has the right to sue": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

At Forbes.com, Daniel Fisher has a blog post titled "Supreme Court Rejects Lawsuit Over Nike Trademarks."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: A promise better be a promise."
Posted at 02:33 PM by Howard Bashman



Unanimous 11-judge en banc Ninth Circuit panel holds that federal law does not preempt a state law failure to warn claim concerning an FDA-approved "Class III" medical device manufactured by Medtronic: You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The majority on a divided three-judge Ninth Circuit panel had originally affirmed a federal district judge's ruling that the failure to warn claim was preempted under federal law. My earlier coverage of that ruling and the Ninth Circuit's order granting rehearing en banc can be accessed here.
Posted at 01:36 PM by Howard Bashman



"Jerry Brown wants feds to back off on prisons": Columnist Debra J. Saunders has this essay today in The San Francisco Chronicle.
Posted at 01:15 PM by Howard Bashman


"Brewer officially joins Oregon Supreme Court": Peter Wong has this article today in The Statesman Journal of Salem, Oregon.
Posted at 01:12 PM by Howard Bashman


"Why Has Obama Pardoned So Few Prisoners?" Sasha Abramsky will have this article in the January 28, 2013 issue of The Nation.
Posted at 01:08 PM by Howard Bashman


"Bin Laden Corpse Photos Should Be Released, Group Argues": Tom Schoenberg of Bloomberg News has a report that begins, "Photos of Osama bin Laden's corpse and burial at sea, ordered to be kept secret by President Barack Obama, should be made public, a self-described conservative watchdog group told a federal appeals court."

The Washington Post has a news update headlined "Court looks likely to defer to U.S. in barring release of postmortem bin Laden photos."

David Ingram of Reuters has a report headlined "Images of a dead bin Laden still dangerous: U.S. lawyer."

The Associated Press reports that "Judges seem wary of release of bin Laden photos."

CNN.com reports that "Court considers demand that U.S. release photos of bin Laden's body."

Ryan J. Reilly of The Huffington Post reports that "Osama Bin Laden Photo Release Considered By Appeals Court."

At Politico.com, Josh Gerstein has a blog post titled "Court skeptical on release of Osama bin Laden photos."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "DOJ Defends Secrecy of Post-Mortem Osama bin Laden Photos."
Posted at 12:55 PM by Howard Bashman



"Hamdan case back to Court?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 12:26 PM by Howard Bashman


"Federalism and Marriage: The Supreme Court should stay out of the way." Edward Whelan has this essay in the December 31, 2012 issue of National Review magazine.
Posted at 11:27 AM by Howard Bashman


"What's Lost if the Voting Rights Act Falls? Minority voters will lose a key bargaining chip." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 09:00 AM by Howard Bashman


"Constitution Check: Is the 'war on terrorism' coming to an end?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:54 AM by Howard Bashman


"Appeals court: RMNP right to rule out reintroducing wolves." The Denver Post contains this article today.

And The Associated Press reports that "Court upholds decision on elk thinning in US park."

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 08:32 AM by Howard Bashman



"US judge voices concerns on Bulger; Says public may question fairness of mobster's trial": This article appeared yesterday in The Boston Globe.

Yesterday's edition of The Boston Herald contained an article headlined "Lawyer: Whitey's judge too close to bad old days."

And yesterday's broadcast of NPR's "All Things Considered" contained an audio segment titled "'Whitey' Bulger's Lawyers Want Judge Off The Case."

The U.S. Court of Appeals for the First Circuit has posted the audio of Tuesday's oral argument at this link (featuring, among other things, the voice of retired Justice David H. Souter).
Posted at 08:24 AM by Howard Bashman



"Orie Melvin asks colleagues on high court to dismiss charges; Same argument was rejected in Common Pleas Court": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.
Posted at 08:16 AM by Howard Bashman


"Pennsylvania justices vote Castille out as overseer of Philadelphia courts": This front page article appears today in The Philadelphia Inquirer.

Update: Later today, the Administrative Office of Pennsylvania Courts issued a news release titled "Justice Eakin Succeeds Chief Justice Castille as Philadelphia Courts Liaison."
Posted at 08:14 AM by Howard Bashman



"Likelihood of a Petition Being Granted": Kedar Bhatia has this post today at his blog, "DailyWrit."
Posted at 08:10 AM by Howard Bashman


Wednesday, January 9, 2013

"U.S. to Press Fight of Detainee's Appeal": Charlie Savage will have this article Thursday in The New York Times.

Thursday's edition of The Washington Post will contain an article headlined "Al-Qaeda propagandist's conviction must be overturned, Justice Department says."

Via the blog "Lawfare," you can access the federal government's supplemental D.C. Circuit brief at this link.
Posted at 10:54 PM by Howard Bashman



"Supreme Court To Discern Meaning Of Class Action Law": Michael Bobelian has this blog post today at Forbes.com.
Posted at 10:46 PM by Howard Bashman


"The Woes of Roe": Columnist Gail Collins will have this op-ed Thursday in The New York Times.
Posted at 10:44 PM by Howard Bashman


"Federal appeals court considers release of postmortem Osama bin Laden photos": This article will appear Thursday in The Washington Post.
Posted at 10:42 PM by Howard Bashman


"From Wolves, Lambs: The Case for Gradual Abolition of the Death Penalty." Law professor Kevin M. Barry has posted this article online at SSRN (via "Legal Theory Blog").

The article's syllabus begins, "This spring, the Connecticut Supreme Court will decide a novel issue in all of modern death penalty jurisprudence. The issue is this: Can a state gradually abolish its death penalty, that is, can it leave in place the sentences of those currently on death row but abolish the death penalty going forward? This Article argues that it can."
Posted at 10:24 PM by Howard Bashman



"Justices Look at Legality of Drunken-Driving Test": Adam Liptak will have this article Thursday in The New York Times.

In Thursday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court seems unlikely to let police order blood tests for drunk-driving suspects."

In Thursday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Justices wary of mandatory blood tests in drunk driving cases; Supreme Court justices express skepticism toward a request to set aside the search warrant requirement before police can force a motorist to submit to a blood test."

In Thursday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Court Wary on Warrantless DUI Tests." You can freely access the full text of the article via Google News.

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Weighs Warrantless Blood Tests In Drunken-Driving Cases."

And this evening's broadcast of The PBS NewsHour contained a segment titled "High Court Examines Whether the Police Need a Warrant to Test Blood Alcohol" featuring Marcia Coyle.
Posted at 10:15 PM by Howard Bashman



"Robert Bork's Tragedy": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:20 PM by Howard Bashman


"Attorneys for Joan Orie Melvin file motion asking Pa. Supreme Court to halt her prosecution": The Pittsburgh Tribune-Review has a news update that begins, "Attorneys for suspended state Supreme Court Justice Joan Orie Melvin asked the judge's former peers on the high court to block the Allegheny County District Attorney's Office from prosecuting her on public corruption charges."

Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Melvin asks Supreme Court colleagues to block her criminal trial."

And The Associated Press reports that "Melvin wants Pa. high court to halt prosecution."
Posted at 08:56 PM by Howard Bashman



"Castille plans new court run; Even though he would have to retire the following year under current law": In today's edition of The Philadelphia Inquirer, Tom Infield has an article that begins, "Judicial turnover could bring major change to the Pennsylvania Supreme Court over several years, but Chief Justice Ronald D. Castille isn't ready to leave the bench one day sooner than he must."

And CBS Philly reports that "Castille Hopes To Stay on Pa. Supreme Court Bench Until Mandatory Retirement."
Posted at 08:40 PM by Howard Bashman



"Class Action, SCOTUS, and Statutory Evasion": Law professor Richard Epstein has this post at "Ricochet."
Posted at 05:50 PM by Howard Bashman


"Federal appeals court again upholds Mass. abortion clinic buffer zone law": The Boston Globe has this blog post reporting on a ruling that the U.S. Court of Appeals for the First Circuit issued today.

Update: In other coverage, The Boston Herald has a news update headlined "Appeals court upholds state's abortion clinic buffer zone."
Posted at 05:32 PM by Howard Bashman



"Govt: Reverse terror convictions -- for now." Pete Yost of The Associated Press has a report that begins, "The Justice Department says a federal appeals court must reverse the military commission convictions in a terrorism case even though the Obama administration believes the convictions are consistent with the Constitution and federal law."
Posted at 05:02 PM by Howard Bashman


"Motorist Claims Corporation Papers are Carpool Passengers": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 05:00 PM by Howard Bashman


"Supreme Court declines to halt 2nd Circuit's Twiqbal pushback": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:05 PM by Howard Bashman


"Appeals court hears gun-sale reporting arguments": Josh Gerstein of Politico.com has this blog post.

Update: In other coverage, David Ingram of Reuters reports that "U.S. judges look favorably on Obama gun reporting rule."
Posted at 01:32 PM by Howard Bashman



"Court weighs warrantless blood tests in DUI cases": Mark Sherman of The Associated Press has this report.

Update: In other coverage, Greg Stohr of Bloomberg News reports that "Court Questions Forced Blood Tests in Drunk Driving Cases."

Warren Richey of The Christian Science Monitor has an article headlined "Drunk driving: Supreme Court considers whether forced blood tests are OK; The case, which the Supreme Court heard arguments on Wednesday, pits the requirements of the Fourth Amendment against the need for effective enforcement of drunk-driving laws nationwide."

Ariane de Vogue of ABC News has a blog post titled "Supreme Court Argues DWI Blood Tests Without a Warrant."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Compromise on DUI blood tests?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Missouri v. McNeely, No. 11-1425.
Posted at 01:15 PM by Howard Bashman



"The Second Amendment: 27 Words, Endless Interpretations." NPR has this report.

And today at The Huffington Post, law professor Geoffrey R. Stone has an essay titled "Understanding the Second Amendment."
Posted at 12:58 PM by Howard Bashman



"Can Police Force Drunken Driving Suspects To Take Blood Test?" This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:14 AM 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 Antonin Scalia delivered the opinion for a unanimous Court in Smith v. United States, No. 11-8976. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Already, LLC v. Nike, Inc., No. 11-982. Justice Anthony M. Kennedy issued a concurring opinion, in which Justices Clarence Thomas, Samuel A. Alito, Jr., and Sonia Sotomayor joined. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



"Influence game: NRA lobbying targets courthouses." The Associated Press has this report on the National Rifle Association's involvement in the federal judicial confirmation process.
Posted at 09:50 AM by Howard Bashman


"Legislature needs to shut loophole in dentist case": In today's edition of The Des Moines Register, attorney Paige Fiedler has an op-ed that begins, "The Iowa Supreme Court recently decided that a dentist was within his rights to fire a longtime employee because he found her irresistibly attractive." Attorney Fiedler represents the plaintiff-employee in that lawsuit.
Posted at 09:48 AM by Howard Bashman


"1965 Voting Rights Act: Alabama attorney general says there's no need for federal input; Arguments set for Feb. 27 in U.S. Supreme Court." Mary Orndorff Troyan has this article today in The Montgomery Advertiser.
Posted at 09:45 AM by Howard Bashman


"Justices Rule on Staying Death Row Challenges": Adam Liptak has this article today in The New York Times.
Posted at 09:38 AM by Howard Bashman


"U.S. Supreme Court hands L.A. County a victory in water lawsuit; The Supreme Court overturns a ruling won by environmental groups that said the flood control district had violated its storm water permit": Abby Sewell and David Savage have this article today in The Los Angeles Times.
Posted at 09:36 AM by Howard Bashman


"Texas calls on Supreme Court to settle water dispute with New Mexico": This article appears today in The Austin American-Statesman.
Posted at 09:34 AM by Howard Bashman


"U.S. Argument Is Assailed by Justices in Fraud Case": Adam Liptak has this article today in The New York Times.

And in today's edition of The Washington Post, Robert Barnes reports that "Supreme Court seems reluctant to extend time limits for SEC actions."
Posted at 09:30 AM by Howard Bashman



Tuesday, January 8, 2013

"Appeals Court Rejects Photographer's Claim That Sony TV Movie Stole Image": At The Hollywood Reporter's "Hollywood, Esq." blog, Eriq Gardner has this post today reporting on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 11:07 PM by Howard Bashman


"Supreme Court weighs case of disabled child and medical malpractice award": Michael Doyle of McClatchy Newspapers has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Delia v. E.M.A., No. 12-98.
Posted at 09:02 PM by Howard Bashman



"Drunk driving: Can blood-alcohol test be forced? Case reaches Supreme Court; The justices will hear arguments Wednesday in the case of a drunk driver forced to submit to a blood test; State supreme courts are divided on whether that violates the Fourth Amendment." Warren Richey of The Christian Science Monitor has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Blood tests and privacy."
Posted at 05:50 PM by Howard Bashman



"Top court says prisoner incompetence no bar to appeal": Jonathan Stempel of Reuters has this report.

The Associated Press has a report headlined "Court: Judges cannot indefinitely delay appeals."

And at "SCOTUSblog," Lyle Denniston has a post titled "Rees clarified, after forty-six years."

Justice Clarence Thomas delivered the opinion for a unanimous U.S. Supreme Court today in Ryan v. Valencia Gonzales, No. 10-930.
Posted at 05:46 PM by Howard Bashman



Turnabout is fair play when it comes to book reviews? Last month, the Los Angeles Review of Books published Bryan A. Garner's review of law professor Akhil Reed Amar's new book, "America's Unwritten Constitution: The Precedents and Principles We Live By."

This month, Democracy: A Journal of Ideas has published law professor Amar's review of "Reading Law: The Interpretation of Legal Texts," by Antonin Scalia and Bryan A. Garner. The review is titled "Originalist Sin: The new book by Antonin Scalia and Bryan A. Garner is very sure of itself -- in fact, far too much so."
Posted at 05:14 PM by Howard Bashman



"Corporation not person in carpool lanes; Marin County Driver in carpool lane cites legal notice of personhood": In today's edition of The San Francisco Chronicle, Justin Berton has an article that begins, "Some people will do anything to get out of a traffic ticket. It is the rare motorist, however, who hopes his explanation will overturn more than 100 years of Supreme Court rulings and challenge the legal notion of corporate personhood."

And today's edition of The Marin Independent Journal contains an article headlined "San Rafael activist's corporation was his carpool buddy."
Posted at 05:00 PM by Howard Bashman



"Fish story lands in NC's high court, $1M on line": The Associated Press has this report.

And in earlier coverage, today's edition of The News & Observer of Raleigh, North Carolina contains an article headlined "Big Rock fishermen still trying to reel in the prize that got away."
Posted at 04:48 PM by Howard Bashman



"Who's the Mother in Kansas? What happens when a state refuses to recognize same-sex relationships? The Kansas sperm-donor fiasco." William Saletan has this essay online at Slate today.
Posted at 04:44 PM by Howard Bashman


"Landmark Student-Press Ruling Resonates Decades Later": In the January 9, 2013 issue of Education Week, Mark Walsh has an article that begins, "In late 1987, U.S. Supreme Court Justice Byron R. White circulated a draft opinion to his colleagues in a case about whether high school journalists had the right to be free of interference from school administrators."
Posted at 04:30 PM by Howard Bashman


"AG Madigan asks full appeals court to review Illinois gun ban ruling": The Chicago Tribune has this news update.

Bloomberg News reports that "Illinois Asks U.S. Appeals Court to Rehear Gun-Carry Case."

And The Associated Press reports that "Illinois AG seeks new hearing on concealed carry."
Posted at 04:00 PM by Howard Bashman



"Supreme Court throws out L.A. County storm water lawsuit": David G. Savage of The Los Angeles Times has this news update.

The Associated Press reports that "High Court throws out storm water runoff ruling."

And Lawrence Hurley of Greenwire reports that "Los Angeles water district wins stormwater dispute."

Justice Ruth Bader Ginsburg delivered the opinion of the U.S. Supreme Court today in Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc., No. 11-460. All of the Justices joined in the opinion except for Justice Samuel A. Alito, Jr., who concurred in the judgment without opinion.

In that regard, at his "DailyWrit" blog, Kedar Bhatia today has a post titled "Concurring or Dissenting Without an Opinion."
Posted at 03:57 PM by Howard Bashman



"SEC's Window for Fraud Suits May Be Narrowed by Top Court": Greg Stohr of Bloomberg News has this report.

Sarah N. Lynch and Jonathan Stempel of Reuters report that "U.S. Supreme Court to weigh in on SEC powers in Gabelli case."

And Jesse J. Holland of The Associated Press reports that "Court seems skeptical about gov't extension."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Gabelli v. SEC, No. 11-1274.
Posted at 03:46 PM by Howard Bashman



"Halt in inmate releases sought": In today's edition of The Sacramento Bee, Denny Walsh and Sam Stanton have a front page article that begins, "Claiming that the state has made substantial progress in solving its prison overcrowding problem, California officials asked a federal court late Monday to dismiss its requirements for huge reductions in inmate populations."

Howard Mintz of The San Jose Mercury News has an update that begins, "Governor argues California prisons should be removed from court orders to shed inmates."

And Bloomberg News reports that "California Asks Federal Judges to Cancel Inmate Cuts."
Posted at 02:55 PM by Howard Bashman



Monday, January 7, 2013

Programming note: My first appellate oral argument of 2013 will occur tomorrow before a three-judge panel of the Superior Court of Pennsylvania. Consequently, additional posts will not appear here until Tuesday afternoon.
Posted at 11:02 PM by Howard Bashman


"Supreme Court nominee praised for efforts to reduce backlog": Tuesday's edition of The Bergen County (N.J.) Record will contain an article that begins, "David F. Bauman was a lawyer in the Marine Corps until he left to join one of New Jersey's largest law firms, where he counted Whitney Houston among his clients and won a case that expanded free speech in the state."
Posted at 10:54 PM by Howard Bashman


"If Judges Aren't Politicians, What Are They?" Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 10:48 PM by Howard Bashman


"Espinosa Nominated To Be State's First Hispanic Supreme Court Justice": The Hartford Courant has this news update.
Posted at 10:44 PM by Howard Bashman


"Justices Weigh Intent of a Class-Action Law": Adam Liptak will have this article Tuesday in The New York Times.

And in Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Court considers limits on class-action suits."
Posted at 08:52 PM by Howard Bashman



"Hathaway to retire after judicial agency calls for her suspension": The Detroit Free Press has this news update.

And The Detroit News has an update headlined "Michigan Supreme Court Justice Hathaway to retire amid scandal."
Posted at 05:58 PM by Howard Bashman



"Judge Bryson Assumes Senior Status": Law professor Jason Rantanen has this post today at "Patently-O" containing comments from himself and from other law clerks to now-Senior Federal Circuit Judge William Curtis Bryson.

Back on September 2, 2003, I published my "20 questions for the appellate judge" interview with Judge Bryson. You can access the interview at this link.
Posted at 04:10 PM by Howard Bashman



"Apple bid for Samsung sales ban faces skeptical court": Dan Levine of Reuters has a news analysis that begins, "Apple Inc faces long odds in its attempt to overturn a U.S. appeals court ruling that threatens to undermine its smartphone patent war against Samsung Electronics Co Ltd."
Posted at 04:02 PM by Howard Bashman


"Class-Action Limits Weighed as Court Hears Claim of Abuse": Greg Stohr of Bloomberg News has this report.

And Mark Sherman of The Associated Press reports that "High court hears dispute over class actions."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Standard Fire Ins. Co. v. Knowles, No. 11-1450.

Update: In other coverage, Jonathan Stempel of Reuters reports that "High court weighs limits on class-action tactics."
Posted at 03:14 PM by Howard Bashman



"Supreme Court rejects challenge to Obama stem cell policy": David G. Savage of The Los Angeles Times has this news update.

And Reuters has reports headlined "U.S. high court will not review federal embryonic stem cell funds"; "Supreme Court won't take combat veterans' mental health appeal"; and "Supreme Court won't hear challenge over PAC disclosures."
Posted at 03:00 PM by Howard Bashman



"Arbitration and Access to Justice: Economic Analysis." Law professor Omri Ben-Shahar has posted this paper online at SSRN.
Posted at 01:06 PM by Howard Bashman


"When Death Row Lawyers Stumble, Clients Take the Fall": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:54 PM by Howard Bashman


"Supreme Court Won't Hear Challenge to Federal Milk Price-Fixing": Damon W. Root has this post today at the "Hit & Run" blog at Reason.com.
Posted at 12:18 PM by Howard Bashman


"Marriage arguments March 26-27": Lyle Denniston has this post at "SCOTUSblog."

Update: At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "High Court Schedules Arguments in Same-Sex Marriage Cases for March."

Update: In other coverage, Howard Mintz of The San Jose Mercury News reports that "U.S. Supreme Court to hear arguments in Proposition 8 case on March 26."

The Associated Press reports that "High court to hear 2 days of arguments on gay marriage."

And Jonathan Stempel of Reuters reports that "Top court to hear same-sex marriage cases in late March."
Posted at 12:05 PM by Howard Bashman



"A Liberal Who Preached Restraint: In his letters, as on the bench, Judge Learned Hand argued against judicial activism." In Saturday's edition of The Wall Street Journal, Adam J. White had this review of the new book "Reason and Imagination: The Selected Correspondence of Learned Hand," edited by Constance Jordan, a granddaughter of Learned Hand.
Posted at 11:52 AM by Howard Bashman


"Supreme Court case involves medical malpractice awards, Medicaid": Michael Doyle of McClatchy Newspapers has this report.
Posted at 11:36 AM by Howard Bashman


"U.S. Courthouse Renovation Completed After 6 Years, $314M": Mark Hamblett has this article today in the New York Law Journal.
Posted at 10:58 AM by Howard Bashman


In Bashman news from Australia: The Toowoomba Chronicle has a news update headlined "Police claim woman used pedestal fan to bash man."
Posted at 10:22 AM by Howard Bashman


"GOP split as gay marriage goes mainstream": Carolyn Lochhead has this article today in The San Francisco Chronicle.
Posted at 10:16 AM by Howard Bashman


"Clerk William K. Suter Retirement Announcement": The Public Information Office of the Supreme Court of the United States issued this announcement today. It has been my pleasure to visit with General Suter at various times over the years, and I was very pleased to learn that he is among the readers of "How Appealing." Please join me in wishing him the best as he looks forward to his retirement at the end of August 2013.

Update: In other coverage, at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Clerk of the Supreme Court to retire in August."
Posted at 10:12 AM by Howard Bashman



"Oklahoma's first black chief justice stresses importance of role models; Hundreds attended the historic swearing-in ceremony at the Oklahoma Capitol": This article appeared in Saturday's edition of The Oklahoman.

Earlier, The Tulsa World published an article headlined "Black jurists to head Oklahoma's two highest courts."
Posted at 10:05 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 three cases.

In early news coverage, The Associated Press has reports headlined "Court won't stop embryonic stem cell research"; "High court rejects medicare challenge"; "Court won't hear Ga. gun lawsuit"; "Court won't hear campaign finance arguments"; "Court won't hear appeal in Texas murder case."

Greg Stohr of Bloomberg News reports that "Stem-Cell Research Can Proceed as Court Rejects Appeal"; "Exxon Unit Rejected by High Court in Puerto Rico Gas Case"; and "Retractable Rejected by Top Court on Becton Patent Appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Stem cell dispute near end?"
Posted at 09:45 AM by Howard Bashman



"Connolly Advocates To Allow Cameras In Supreme Court": Washington, DC's American University Radio WAMU 88.5 has this audio report today.
Posted at 08:37 AM by Howard Bashman


"U.S. Supreme Court appeal filed in case of 1st Lt. Michael Behenna; A new team of lawyers for 1st Lt. Michael Behenna argue that the Oklahoma soldier's case demonstrates need for high court justices to redefine self-defense in changing landscape of war": Chris Casteel has this article today in The Oklahoman.
Posted at 08:27 AM by Howard Bashman


"Juvenile Sentencing Remains An Issue": The Associated Press has a report that begins, "A U.S. Supreme Court ruling that struck down laws requiring automatic life sentences without parole for juvenile killers is presenting some thorny legal issues for Florida judges."
Posted at 08:24 AM by Howard Bashman


"High court weighs future of a class-action 'hellhole'; Using procedural sleights-of-hand to keep big corporate defendants trapped in congenial Arkansas courts, local law firms have extracted almost $400 million in fees over seven years in one small, rural county; Can the defendants stage a breakout?" Roger Parloff has this essay today at CNNMoney.com.
Posted at 08:22 AM by Howard Bashman


"Christie Supreme Court nominee praised as 'insightful' leader": The Bergen County (N.J.) Record contains this article today.
Posted at 08:20 AM by Howard Bashman


"Missouri GOP looks to impose caps on malpractice cases; After high court strikes down liability law, Missouri legislators consider other options": The Associated Press has this report.
Posted at 08:17 AM by Howard Bashman


"Supreme Court Returns Today With Gay Marriage, Affirmative Action, Voting Rights in View": Ariane de Vogue of ABC News has this blog post today.
Posted at 08:12 AM by Howard Bashman


In the January 14, 2013 issue of The New Yorker: Jeffrey Toobin has a comment headlined "Casting Votes: Will the Supreme Court overturn the Voting Rights Act?"

And Rachel Aviv has an Annals of Crime article headlined "The Science of Sex Abuse: Serving time for crimes not yet committed."
Posted at 08:00 AM by Howard Bashman



Sunday, January 6, 2013

"When should judges be put out to pasture?" This audio segment appeared on Friday's broadcast of "AirTalk" on Southern California Public Radio.

The written description of the audio segment begins, "Several Pennsylvania judges are suing the state over mandatory retirement. The judges argue forcing them to retire at age 70 is unconstitutional. Last week, the case moved up to federal court."

In news coverage of the lawsuit's removal to federal court, on December 28, 2012, The Patriot-News of Harrisburg, Pennsylvania posted online an article headlined "Fight over mandatory retirement for PA judges moves to federal court."
Posted at 10:28 PM by Howard Bashman



"Circuit Reviews Execution of Accomplice": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "Can the death sentence be applied to the driver of a getaway car in an armed robbery if he did not participate in the resulting double murder? That's the question the 9th U.S. Circuit Court of Appeal has voted to reconsider in an Arizona appeal granted rehearing by a full 11-judge panel Friday."

My earlier coverage appears at this link.
Posted at 02:44 PM by Howard Bashman



"An academic's work distorted": Law professor Pamela S. Karlan has this letter to the editor in today's edition of The Washington Post.
Posted at 02:20 PM by Howard Bashman


"School voucher case moves to Louisiana Supreme Court": The Times-Picayune of New Orleans has this report.
Posted at 01:52 PM by Howard Bashman


"Woman fired in 'too irresistable' case asks court to reconsider ruling": The Associated Press has this report.
Posted at 01:50 PM by Howard Bashman


"Obama advisor who had decried 'war on terror' now defends drones; Harold Hongju Koh has become a symbol of national security policies that many feel are not significantly different than those of the Bush administration that he once criticized": David G. Savage has this article today in The Los Angeles Times.
Posted at 01:48 PM by Howard Bashman


"Bankers' Group Supports Bond Trustee in Argentina Appeal": Bloomberg News has this report.
Posted at 01:02 PM by Howard Bashman


"Under the U.S. Supreme Court: Spying on Americans, phase 2." Michael Kirkland of UPI has this report.
Posted at 09:54 AM by Howard Bashman


Saturday, January 5, 2013

"Obama struggles to nominate, confirm federal judges; Obama has been slow to nominate judges and Senate Republicans even slower to confirm them": David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 10:28 PM by Howard Bashman


"Legislators vow to change law on rape by impersonation; The reversal of a conviction based on an 1870s state statute prompts the promise; The Assembly speaker says the issue will be a top priority": Maura Dolan and Michael J. Mishak have this article today in The Los Angeles Times.

And The Sacramento Bee reports today that "Rape case ruling sparks legislative proposals in California."
Posted at 07:18 PM by Howard Bashman



"Guantanamo: a place of sometimes-puzzling secrecy; The war court proclaims that transparency is a priority in testimony and legal filings; But when a claim of national security is invoked, secrecy wins out." Carol Rosenberg of The Miami Herald has this report.
Posted at 05:14 PM by Howard Bashman


"Can Forgiveness Play a Role in Criminal Justice?" Paul Tullis will have this lengthy article in tomorrow's edition of The New York Times Magazine.
Posted at 04:12 PM by Howard Bashman


"Home sellers can keep murders, suicides secret": Yesterday's edition of The Philadelphia Inquirer contained this article reporting on a recent 6-to-3 ruling of the Superior Court of Pennsylvania sitting en banc. Video of the en banc reargument of the case can be viewed by clicking here.
Posted at 03:47 PM by Howard Bashman


"The Constitutionalist": In the January 14, 2013 issue of The Weekly Standard, Terry Eastland has an article that begins, "Robert H. Bork, we all know, didn't sit on the Supreme Court. His legacy thus cannot lie in votes cast and opinions written."
Posted at 01:42 PM by Howard Bashman


"Supreme Court to review judge's role in plea talks": Jonathan Stempel of Reuters has this report.
Posted at 01:38 PM by Howard Bashman


"Former C.I.A. Officer Is the First to Face Prison for a Classified Leak": This article will appear Sunday in The New York Times.
Posted at 01:32 PM by Howard Bashman


"Justices Take Case on Adoption of Indian Child": Adam Liptak has this article today in The New York Times.

The Post and Courier of Charleston, South Carolina reports today that "Baby Veronica case to be considered by highest court."

Bill Mears of CNN.com reports that "High court to tackle Native American adoption dispute."

Agence France-Presse reports that "US top court to hear Native American adoption case."

Previously, the Charleston City Paper published an article headlined "Broken Home: The Save Veronica story; Matt and Melanie Capobianco lost custody of their adopted daughter Veronica, but they refuse to give up hope."
Posted at 01:06 PM by Howard Bashman



Ninth Circuit grants rehearing en banc in state habeas appeal challenging whether convict who helped plan a robbery resulting in death, knew his accomplice was armed, and drove the getaway car may lawfully be subjected to death penalty: The majority on a divided three-judge panel had rejected the convict's challenge to the death penalty in a decision you can access here. Circuit Judge Stephen Reinhardt issued a lengthy dissenting opinion.

Yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc can be accessed here.
Posted at 10:45 AM by Howard Bashman



"Pregnancy Centers Gain Influence in Anti-Abortion Arena": This front page article appears today in The New York Times.

And yesterday at the blog "walshslaw," law professor Kevin C. Walsh had a somewhat related post titled "Artful characterization of allegedly misleading advertisement in Baltimore pregnancy center oral argument."
Posted at 10:33 AM by Howard Bashman



"Judge blasts sentencing guidelines; Man's original punishment tossed on appeal": Today's edition of The Columbus (Ohio) Dispatch contains an article that begins, "A federal judge in Columbus criticized sentencing guidelines for child-pornography offenses yesterday as he imposed a stricter sentence on a Mount Vernon man whose original sentence was rejected by an appeals court." (Via "Sentencing Law and Policy" blog.)
Posted at 10:30 AM by Howard Bashman


"More Guns = More Killing": Elisabeth Rosenthal will have this news analysis in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 10:28 AM by Howard Bashman


Friday, January 4, 2013

"The President Has the Power To Raise the Debt Ceiling on His Own; And if Congress won't act, he should use it": Law professor Eric Posner has this essay online at Slate.
Posted at 10:40 PM by Howard Bashman


"Monday at SCOTUS: revisiting the Class Action Fairness Act." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:22 PM by Howard Bashman


"FBI: 2nd escaped bank robber caught in Palos Hills." The Chicago Tribune has a news update that begins, "The second inmate who made a daring escape last month from a high-rise federal jail in the South Loop was captured today in South Suburban Palos Hills, according to FBI officials."

And The Associated Press has a report headlined "US Marshals: 2nd Chicago escapee caught in suburbs."
Posted at 06:05 PM by Howard Bashman



"Man Arrested for Flipping Off Cop Gets Day in Court": At Wired.com's "Threat Level" blog, David Kravets has this post today.
Posted at 06:00 PM by Howard Bashman


"Legislators vow to shut legal loophole in Los Angeles rape case": The Sacramento Bee has a blog post that begins, "Three California lawmakers vowed separately Friday to eliminate a legal disparity that allowed a man to escape a rape conviction in Los Angeles County this week because the victim was not married."
Posted at 05:33 PM by Howard Bashman


"In D.C. Circuit, bin Laden Death Photos Take Spotlight": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:32 PM by Howard Bashman


"Influential Bush Administration Lawyer to Head Heritage Legal Shop": Jess Bravin had this post yesterday at WSJ.com's "Law Blog."
Posted at 04:27 PM by Howard Bashman


"Ninth Circuit Judge Raymond C. Fisher to Assume Senior Status": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.

Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Judge Fisher Steps Aside in April, Opens Circuit Vacancy."
Posted at 04:22 PM by Howard Bashman



"Appeals court faults EPA for soot regulation": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Bloomberg News reports that "EPA Gave States Too Much Leeway on Soot Rules, Court Says."

And Lawrence Hurley of Greenwire reports that "Court orders EPA to try again on soot standards implementation."
Posted at 02:57 PM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: You can access the Order List at this link. The Court today granted review in three new cases.

At "SCOTUSblog," Lyle Denniston has a post titled "Three cases granted."

Update: In other news coverage, The Associated Press reports that "Court to review Native American adoption case."

Jonathan Stempel and Terry Baynes of Reuters report that "Top court to hear American Indian adoption case."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Agrees to Hear 'Baby Veronica' Case."

Lawrence Hurley of Greenwire reports that "Justices agree to hear Texas-Okla. water dispute."

And The Texas Tribune reports that "Supreme Court Will Hear Texas-Oklahoma Water Case."
Posted at 02:34 PM by Howard Bashman



"2nd Circuit reinstates lawsuit in middle-finger arrest": David L. Hudson Jr. has this news analysis online at the First Amendment Center.
Posted at 01:40 PM by Howard Bashman


"Reverse-Mortgage Suit Against HUD Revived on Appeal": Tom Schoenberg of Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:15 PM by Howard Bashman


"What will Cruz's seat on Senate Judiciary Committee mean for vacancies in Texas district courts and the 5th Circuit?" John Council has this post at the "Tex Parte Blog" of Texas Lawyer.
Posted at 01:09 PM by Howard Bashman


"Orly Taitz's Obama 'birther' claims rejected in court -- again": This article appears today in The Sacramento Bee.
Posted at 01:00 PM by Howard Bashman


"Sotomayor Set to Swear In Biden as Vice President": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 09:15 AM by Howard Bashman


"Father Or Sperm Donor? Kansas Case Says Distinction Comes From A Doctor." This audio segment featuring Tim Hrenchir of The Topeka Capital-Journal appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 09:14 AM by Howard Bashman


"Federal appeals court blocks release of former death-row inmate": Frank Green has this article today in The Richmond Times-Dispatch.

And The Washington Post reports today that "Justin Wolfe case moves back to federal appeals court."
Posted at 09:03 AM by Howard Bashman



"18th-century Italian nobleman makes waves in death penalty case; The Court of Appeals heard a novel argument based on Maryland constitution backed up by online research": This article appears today in The Baltimore Sun.
Posted at 09:00 AM by Howard Bashman


"Mass Shootings Do Little to Change State Gun Laws": Joaquin Sapien of ProPublica has this report.
Posted at 08:56 AM by Howard Bashman


"Houses of Worship Seeking FEMA Grants Face Constitutional Barrier": This article appears today in The New York Times.
Posted at 08:50 AM by Howard Bashman


"Lawyers, Saying DNA Cleared Inmate, Pursue Access to Data": Ethan Bronner has this article today in The New York Times.
Posted at 08:45 AM by Howard Bashman


"Oasis or Mirage: The Supreme Court's Thirst for Dictionaries in the Rehnquist and Roberts Eras." James J. Brudney and Lawrence Baum have posted this article online at SSRN (via "Legal Theory Blog").
Posted at 08:40 AM by Howard Bashman


"Is It Time to Scrap the Constitution?" Today's edition of The New York Times contains these letters to the editor.
Posted at 08:35 AM by Howard Bashman


Thursday, January 3, 2013

"Middle Finger Flashed in '06 Lives On in Suit": This article will appear Friday in The New York Times.

The Times Union of Albany, New York has a news update headlined "Appellate judges order trial for cops who arrested insulting motorist; Appeals court reinstates civil rights lawsuit filed by man arrested after giving cop the middle finger."

And The Associated Press has a report headlined "NY court: Flipping finger at cops not worth arrest."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 10:30 PM by Howard Bashman



"Louboutin v. YSL: the bitter end? Maybe not." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:21 PM by Howard Bashman


"McGee Brown joins Jones Day's Columbus office as litigation partner": Alison Grant of The Cleveland Plain Dealer has a news update that begins, "Former Ohio Supreme Court Justice Yvette McGee Brown is joining Jones Day as a partner in the business and tort litigation group of the law firm's Columbus office."

The law firm's news release can be accessed here.
Posted at 06:19 PM by Howard Bashman



"Tea Party-Backed Cruz Joins Senate Judiciary Committee": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 05:36 PM by Howard Bashman


"Bush-Era Wiretapping Case Killed Before Reaching Supreme Court": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 05:33 PM by Howard Bashman


"Meese to Retire as Head of Legal Center; Addington to Take on Role": The Heritage Foundation issued this news release today.

Update: Josh Gerstein of Politico.com has a blog post titled "Cheney aide Addington rises at Heritage."
Posted at 04:39 PM by Howard Bashman



"Tennessee searches for new death penalty drug": Brian Haas of The Tennessean has this news update.
Posted at 04:28 PM by Howard Bashman


"President Obama Re-nominates Thirty-Three to Federal Judgeships": The White House issued this news release today.

In related coverage, Chris Casteel of The Oklahoman has a blog post titled "Robert E. Bacharach Renominated for Federal Appeals Court."

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Obama Re-Nominates 33 to Federal Courts."
Posted at 04:02 PM by Howard Bashman



"A response from NAM's lawyers in defense of NAM's jurisdictional argument in Standard Fire Insurance Co. v Knowles": Law professor Kevin C. Walsh has this post today at his blog, "walshslaw."
Posted at 03:57 PM by Howard Bashman


"Finally, Justice at Supermax? If Anyone Can Make the Right Call, It's This Judge; He's tough. He's courageous. He tried Timothy McVeigh. Now Richard Matsch takes on another critical case: a civil rights lawsuit alleging prisoner abuse and neglect." Andrew Cohen has this essay online at The Atlantic.
Posted at 03:50 PM by Howard Bashman


"Inmate ordered retried in '80 'waiting ever since'": The Associated Press has this report from Texas.
Posted at 03:46 PM by Howard Bashman


"State says woman in Topeka sperm donor case deceived agency in child support claim; Marotta's attorney dismisses state's claims that contract may be invalid": The Topeka Capital-Journal has this news update.

And The Associated Press has a report headlined "Attorney: Kansas law on sperm donors outdated."
Posted at 03:36 PM by Howard Bashman



"Boehner Bolsters Support of Defense of Marriage Act": Ariane de Vogue of ABC News has this blog post.
Posted at 01:44 PM by Howard Bashman


"Obama: Guantanamo camps a waste of U.S. resources; President Obama signed into law a $633 billion defense bill that included restrictions on his ability to close the prison camps, then called Guantanamo a waste of national security resources." Carol Rosenberg of The Miami Herald has this news update.
Posted at 01:40 PM by Howard Bashman


"St. Louis judge's fate in hands of Missouri Supreme Court": The St. Louis Post-Dispatch has this news update.
Posted at 01:15 PM by Howard Bashman


"Ky. school shooter loses bid to withdraw plea": The Associated Press has this report on a non-precedential ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 12:30 PM by Howard Bashman


"An irate automobile passenger's act of 'giving the finger,' a gesture of insult known for centuries, to a policeman has led to a seizure of two persons ordered to return to an automobile, an arrest for disorderly conduct, a civil rights suit, and now this appeal." So begins a decision that the U.S. Court of Appeals for the Second Circuit issued today. Footnote one of the opinion traces the gesture's historic pedigree.
Posted at 11:04 AM by Howard Bashman


"Texas Officials Seek End to Federal Election Oversight": Texas Weekly has this report.
Posted at 11:00 AM by Howard Bashman


"The Libertarian Connection Between Gay Rights and Gun Rights": Damon W. Root has this post today at the "Hit & Run" blog at Reason.com.
Posted at 10:58 AM by Howard Bashman


"2nd Circuit to return to renovated Thurgood Marshall courthouse": Nate Raymond of Reuters has this report.
Posted at 10:57 AM by Howard Bashman


"Reforming The Bench Memo Process": Today's installment of Mark Herrmann's "Inside Straight" column at "Above the Law" contains a recommendation concerning how federal appellate judges should prepare for oral argument.

I agree with Mark's conclusion, although his discussion seems to overlook that each appellate judge assigned to hear an oral argument will have independently read the parties' briefs in addition to having reviewed any law clerk bench memo.

In my view, the more important problem is not how appellate judges prepare for oral argument but the increasing rarity of oral argument altogether at the federal intermediate appellate level. In that regard, the current issue of The Journal of Appellate Practice and Process contains a very interesting article by law professors David R. Cleveland and Steven Wisotsky titled "The Decline of Oral Argument in the Federal Courts of Appeals: A Modest Proposal for Reform." If I or any of this blog's readers can track down a link to an online version of that article, I will add it to this post.
Posted at 10:42 AM by Howard Bashman



"Five to Four: Why Majorities Rule on Courts." Law professor Jeremy Waldron has posted this paper online at SSRN (via "Legal Theory Blog").
Posted at 08:55 AM by Howard Bashman


"Antiquated state laws stir modern-day worry": This article appears today in The Boston Globe.
Posted at 08:52 AM by Howard Bashman


"Empty Courtrooms in Obama's First Term: A Slow Start on Judicial Nominations Magnified Many Times Over By Republican Obstruction." People For the American Way issued this news release yesterday.
Posted at 08:50 AM by Howard Bashman


"Obama signs defense bill, notes regrets": Josh Gerstein of Politico.com has this blog post.

You can view President Obama's signing statement at this link.
Posted at 08:46 AM by Howard Bashman



"Harry Reid's filibuster plan and the Supreme Court": Steven J. Duffield has this op-ed online at The Washington Examiner.
Posted at 08:42 AM by Howard Bashman


"The Supreme Court and the Next Fiscal Cliff": Simon Johnson has this post today at the "Economix" blog of The New York Times.
Posted at 08:20 AM by Howard Bashman


Wednesday, January 2, 2013

"Secrecy of Memo on Targeted Killing Upheld": Adam Liptak will have this article Thursday in The New York Times.

The Associated Press has a report headlined "Judge: US can keep secrets on targeted killings."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "'Alice in Wonderland' Ruling Lets Feds Keep Mum on Targeted-Killing Legal Rationale."

My earlier coverage of the ruling can be accessed here.

Update: Thursday's edition of The Washington Post reports that "Judge backs Obama administration on secrecy of targeted killings of terrorism suspects."
Posted at 10:38 PM by Howard Bashman



"Man Who Says He Tricked Woman Into Sex Can't Be Convicted of Rape": Scott Graham of The Recorder has this news update reporting on a ruling that the California Court of Appeal for the Second Appellate District, Division Four, issued today.
Posted at 10:32 PM by Howard Bashman


"Injunction over negative Yelp review overturned by Virginia Supreme Court": The Washington Post has this news update.

And The Associated Press reports that "Va court tosses out order to remove online reviews."
Posted at 10:28 PM by Howard Bashman



"Court: Feds can keep drone legal opinions secret." Josh Gerstein of Politico.com has this blog post reporting on a ruling that the U.S. District Court for the Southern District of New York issued today.

Update: Name of court that issued the ruling has been corrected, and the link to the ruling has been replaced with a link to the updated ruling.

In other news coverage, Jonathan Stempel and Jennifer Saba of Reuters report that "NY Times loses bid to uncover details on drone strikes."
Posted at 03:02 PM by Howard Bashman



"Why the U.S. Shouldn't Sign On to Empty Human Rights Treaties: They're a propaganda exercise for many of the world's most unsavory nations." Law professor Eric Posner has this essay online at Slate.
Posted at 12:08 PM by Howard Bashman


"2013 May Be Another Blockbuster SCOTUS Year": Erwin Chemerinsky has this post online at the "Law News Now" blog of the ABA Journal.
Posted at 10:30 AM by Howard Bashman


WSJ.com's "Law Blog" announces its new lead writer, Jacob Gershman: You can access today's post containing the announcement at this link.

Additional background can be found in an article that the online news publication "Capital" posted in late October 2012 headlined "Governor-discomfiting reporter Jacob Gershman prepares to leave the Albany beat."
Posted at 09:52 AM by Howard Bashman



"Iowa court: The wages of pulchritude is termination." Columnist Mary Sanchez had this op-ed recently in The Kansas City Star.
Posted at 08:16 AM by Howard Bashman


"Renditions continue under Obama, despite due-process concerns": The Washington Post contains this article today.
Posted at 08:15 AM by Howard Bashman


"As cameras begin to proliferate at trials, courtroom artists see themselves getting the brush; 'We've been becoming extinct for a decade,' one says": This article appears today in The Chicago Tribune.
Posted at 08:12 AM by Howard Bashman


"Who Pays for the Right to Bear Arms?" Law professor David Cole has this op-ed today in The New York Times.
Posted at 08:03 AM by Howard Bashman


"Topeka sperm donor: Child support case politically motivated; Man answered ad on Craigslist to help lesbian couple conceive." Tim Hrenchir had this article yesterday in The Topeka Capital-Journal.
Posted at 08:02 AM by Howard Bashman


"'Diversity' and its definition at issue in Christie's picks for high court": This article appears today in The Philadelphia Inquirer.
Posted at 08:00 AM by Howard Bashman


"When Government Takes You Hostage: Do property rights count for nothing when you refuse the state's unlawful demands?" At the "Defining Ideas" site of the Hoover Institution, law professor Richard A. Epstein has an essay that begins, "On January 15, 2013, the United States Supreme Court will hear Koontz v. St. Johns River Water Management District, a case that comes out of Florida."
Posted at 07:48 AM by Howard Bashman


"Constitution Check: Do profit-making corporations have religious rights?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:45 AM by Howard Bashman


Tuesday, January 1, 2013

"Supreme Court to hear Gabelli appeal of SEC civil fraud penalties": This article will appear Wednesday in The Washington Post.
Posted at 09:54 PM by Howard Bashman


"Abortion fights heat up as Roe v. Wade turns 40": The Washington Times has this report.
Posted at 09:52 PM by Howard Bashman


"The Supreme Court's disdainful approach toward U.S. democracy": Law professor Geoffrey R. Stone will have this letter to the editor in Wednesday's edition of The Washington Post.
Posted at 08:06 PM by Howard Bashman


"Health Reform May Be Headed Back to Supreme Court in 2013": The PBS NewsHour has this blog post today.
Posted at 06:25 PM by Howard Bashman


"Court case could challenge Kansas fetal pain law": This article appears today in The Kansas City Star.
Posted at 06:14 PM by Howard Bashman


"It's the law: V.I. appeals will go directly to U.S. Supreme Court." The Virgin Islands Daily News has this report.
Posted at 06:11 PM by Howard Bashman


"Bumper-car rider loses court ruling": Bob Egelko has this article today in The San Francisco Chronicle.

In today's edition of The Los Angeles Times, Maura Dolan has an article headlined "Ruling over bumper-car injury supports amusement park; The California Supreme Court says riders can't sue over injuries stemming from the inherent nature of the attraction; 'Those who voluntarily join in these activities also voluntarily take on their minor inherent risks,' the court says."

And USA Today has a report headlined "Calif. court: Can't sue park for bumper car injury; A San Jose ob-gyn broke a wrist while riding with her 9-year-old son."

My earlier coverage of yesterday's California Supreme Court ruling appears at this link.
Posted at 06:00 PM by Howard Bashman



"Chief Justice Roberts says federal courts will rein in spending; Roberts says the Supreme Court will request less funding, but he urges faster action on federal court vacancies": David G. Savage has this article today in The Los Angeles Times.

And in today's edition of The Washington Post, Robert Barnes has an article headlined "Chief Justice John Roberts stresses frugality in year-end report."
Posted at 05:46 PM by Howard Bashman



"Court: Hutterites must pay workers' compensation." The Associated Press has a report that begins, "A sharply divided Montana Supreme Court has ruled that forcing a Hutterite religious colony to pay workers' compensation insurance for jobs outside the commune is not an unconstitutional intrusion into religion."

You can access yesterday's 4-to-3 ruling of the Supreme Court of Montana at this link.
Posted at 05:21 PM by Howard Bashman







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