How Appealing

Thursday, February 28, 2013

"U.S. Asks That Justices Reject California Gay Marriage Ban": John Schwartz and Adam Liptak will have this article Friday in The New York Times.

In Friday's edition of The Washington Post, Robert Barnes will have an article headlined "Obama urges Supreme Court to overturn California same-sex marriage ban."

In Friday's edition of The Los Angeles Times, David G. Savage and Christi Parsons will have an article headlined "White House asks justices to reject Prop. 8; In a Supreme Court brief backing same-sex marriage, the Obama administration makes an argument that would also affect laws in seven other states."

In Friday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Obama Urges End to Gay Ban."

Michael Doyle of McClatchy Newspapers reports that "In upcoming Supreme Court fight, Obama lines up behind gay marriage."

Howard Mintz of The San Jose Mercury News reports that "President Obama calls for U.S. Supreme Court to strike down California's gay marriage ban."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had audio segments titled "Obama Administration To File Brief Urging Supreme Court To Strike Down Prop. 8" and "Obama Administration Brief Doesn't Call For End To Bans On Gay Marriage."
Posted at 11:35 PM by Howard Bashman



"Court decision on Voting Rights Act could spur election changes, but not turn back the clock": Tom Curry, national affairs writer for NBC News, has this report.
Posted at 10:32 PM by Howard Bashman


"Senate must act on appeals court vacancies": Patricia M. Wald will have this op-ed Friday in The Washington Post.
Posted at 10:18 PM by Howard Bashman


"Visit by Supreme Court Justice Anthony M. Kennedy to Bolster Civic Education Efforts": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 08:05 PM by Howard Bashman


"Has Power Tipped in Favor of High Court?" Amanda Becker of Roll Call has this report.
Posted at 08:02 PM by Howard Bashman


"U.S. endorses limited gay marriage right": Lyle Denniston has this post at "SCOTUSblog," which has posted a copy of the brief at this link.

In conjunction with the filing of the brief, the U.S. Department of Justice issued the "Statement by Attorney General Eric Holder on the U.S. Government's Filing in Hollingsworth v. Perry."

In other coverage, The Associated Press reports that "Obama urges court to overturn gay marriage ban."

An updated report from Lawrence Hurley and David Ingram of Reuters is headlined "Obama urges high court to allow gay marriage in California."

Richard Wolf and David Jackson of USA Today report that "Obama forcefully opposes ban on gay marriage; The Supreme Court filing in the California case is significant because the administration did not have to get involved at all; It completes President Obama's 'evolution' on the controversial issue."

And Bob Egelko of The San Francisco Chronicle reports that "Obama adminstration urges end to Prop. 8."
Posted at 07:32 PM by Howard Bashman



"Obama Lawyers Said to Back Gay Marriage at U.S. High Court": Greg Stohr of Bloomberg News has a report that begins, "The Obama administration will urge the U.S. Supreme Court to reinstate same-sex marriage in California, taking a stand in a historic case that could lead to gay nuptials across the country, an administration official said. The filing will come just hours before the court's deadline, ending months of White House and Justice Department deliberations."

Lawrence Hurley and David Ingram of Reuters report that "Obama to urge Supreme Court to allow gay marriage in California."

Adam Liptak of The New York Times has a news update headlined "U.S. to Urge Justices to End California Gay Marriage Ban."

And Christi Parsons and David G. Savage of The Los Angeles Times have a news update headlined "Obama administration urges Supreme Court to strike down Prop. 8."
Posted at 05:50 PM by Howard Bashman



"Hustler v. Falwell: 25 Years of Protected Satire." Roy S. Gutterman has this blog entry today at The Huffington Post.
Posted at 05:46 PM by Howard Bashman


"Snyder taps Macomb judge Viviano for Michigan high court": This article appears today in The Detroit News.

The Detroit Free Press reports today that "Macomb County Circuit Judge David Viviano named to Michigan Supreme Court."

The Macomb Daily reports that "Macomb's Viviano new Supreme Court justice."

And MLive.com has a report headlined "Snyder gets his nerd: How new Supreme Court justice may help modernize judicial system."
Posted at 03:38 PM by Howard Bashman



"Chief justice out to end affirmation action": Jeffrey Toobin has this essay at CNN.com.
Posted at 02:20 PM by Howard Bashman


"Amicus Curious: Will a Republican friend-of-the-court brief tip the Supreme Court in favor of gay marriage?" Brian Palmer has this "Explainer" essay online at Slate.
Posted at 01:48 PM by Howard Bashman


"You be the prosecutor: what state sentence should be sought for Joan Orie Melvin and her sister?" Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog.
Posted at 01:45 PM by Howard Bashman


"In Voting Rights, Scalia Sees a 'Racial Entitlement'": Amy Davidson of The New Yorker has this blog post.

And the "Democracy in America" blog of The Economist has a post titled "The Voting Rights Act: Antonin Scalia's uber-activism."
Posted at 01:38 PM by Howard Bashman



"In DOMA Supreme Court Case, 15 States Say Not Recognizing Gay Marriage Is Unconstitutional": Ryan J. Reilly of The Huffington Post has this report.
Posted at 01:34 PM by Howard Bashman


"Khalid Sheikh Mohammed's Trial at Gitmo -- Neal Katyal; The former Acting Solicitor General talks about the U.S. justice system, courtroom bugging and the future of Guantanamo Bay": This video segment appeared on last night's broadcast of Comedy Central's "The Colbert Report."
Posted at 01:22 PM by Howard Bashman


Girls Gone Wild concedes its economic bankruptcy: Bloomberg News reports that "'Girls Gone Wild' Files Bankruptcy to Fight Vegas Debt."

And in other coverage, the "Betabeat" blog of The New York Observer has a post titled "Girls No Longer Wild: Infamous Porn Franchise Files for Bankruptcy; Who needs to buy VHS tapes when free porn can be yours for just one click?"

Stay tuned to see whether this development will affect next Wednesday's GGW-related oral argument scheduled at the U.S. Court of Appeals for the Third Circuit, which I previously previewed in the second half of my earlier post titled "Boobies now and boobies later in the U.S. Court of Appeals for the Third Circuit."
Posted at 01:11 PM by Howard Bashman



"Voting Rights Act Supporters See Glimmers Of Hope In Anthony Kennedy": Sahil Kapur of TPM DC has this report.
Posted at 01:06 PM by Howard Bashman


"State Supreme Court throws out two-thirds vote to raise taxes; The state Supreme Court on Thursday struck down a requirement for a two-thirds vote in the Legislature to increase taxes": The Seattle Times has a news update that begins, "The state Supreme Court on Thursday made it easier for state lawmakers to increase taxes. The court, in a 6-3 ruling, decided a state law requiring a two-thirds vote in the Legislature to increase taxes is unconstitutional."

And SeattlePI.com reports that "High court guts voter-approved tax control initiative."

You can access today's ruling of the Supreme Court of Washington at this link.
Posted at 01:03 PM by Howard Bashman



"Flyers deemed hate speech": Today's edition of The StarPhoenix of Saskatoon, Saskatchewan, Canada contains an article that begins, "To many, the Supreme Court of Canada's decision in the case of the Saskatchewan Human Rights Commission vs. William Whatcott was a triumph for the rights of vulnerable groups to be protected from the harm caused by extreme expressions of hate and discrimination. To others, it was a triumph of censorship and a blow against the democratic principles of freedom of expression and religion."

And the Toronto Globe and Mail reports today that "Supreme Court ruling upholds limits on free speech in case involving anti-gay proselytizer."

You can access yesterday's unanimous ruling of the Supreme Court of Canada at this link.
Posted at 11:50 AM by Howard Bashman



"It's time to stop electing judges": Lynn A. Marks and Suzanne Almeida have this op-ed today in The Patriot-News of Harrisburg, Pennsylvania.
Posted at 11:44 AM by Howard Bashman


"Policy Change: Electronic Devices." The U.S. Court of Appeals for the Sixth Circuit is today notifying counsel by email of that court's new policy regarding the use of electronic devices by counsel at oral argument.
Posted at 11:38 AM by Howard Bashman


"Sperm donor case: Former same-sex partner seeks involvement; Supreme Court decision cited in court filings made Wednesday." In today's edition of The Topeka Capital-Journal, Tim Hrenchir has an article that begins, "Citing a first-of-its-kind Kansas Supreme Court ruling made Friday, Topekan Angela Bauer on Wednesday sought the right to intervene in a case in which the state contends sperm donor William Marotta is legally the father of the daughter born to her former lesbian partner, Jennifer Schreiner."
Posted at 11:33 AM by Howard Bashman


"Same-sex marriage: Field Poll finds California voters now strongly support gay marriage." Howard Mintz of The San Jose Mercury News has this report.
Posted at 11:23 AM by Howard Bashman


"Obama nears deadline on gay marriage decision": The Associated Press has a report that begins, "The next phase of President Barack Obama's evolving position on gay marriage may come Thursday, the deadline for his administration to weigh in on a landmark Supreme Court case that could determine whether same-sex couples have a constitutional right to wed."
Posted at 11:11 AM by Howard Bashman


"Senate overrides veto of 20-week abortion ban": Arkansas News has this report. According to the article, "With the Senate action, the 20-abortion ban became effective immediately, giving Arkansas one of the most restrictive abortion laws in the nation."
Posted at 11:09 AM by Howard Bashman


"Idaho baseball fan permitted to sue stadium over lost eye": Reuters has a report that begins, "An Idaho man who lost an eye after being hit by a ball during a minor league baseball game can move forward with a lawsuit against stadium owners and the team, the Idaho Supreme Court said."

And The Associated Press reports that "Man who lost eye at Hawks Stadium can sue for damages."

You can access last Friday's unanimous ruling of the Supreme Court of Idaho at this link.

The injury was sustained at Memorial Stadium, home of the Boise Hawks, the Northwest League short season class A affiliate of the Chicago Cubs.

Based solely on team logo design, my favorite Northwest League team is the Everett, Washington-based Aquasox, host of the 2013 Northwest League All-Star Game.
Posted at 11:04 AM by Howard Bashman



Supreme Court of Virginia issues ruling in law blog-related attorney discipline, free speech case: Thanks to a reader who forwarded a link to the decision while noting that the "How Appealing" blog is mentioned on page 11 of the majority opinion.

If I understand today's ruling correctly, "How Appealing" is cited as an example of an attorney's blog that would enjoy full First Amendment protection under the Supreme Court of Virginia's ruling, while the blog that is the subject of today's ruling, by a vote of 5-to-2, does not.
Posted at 10:33 AM by Howard Bashman



"Corporate Call for Change in Gay Marriage Case": This article appears today in The New York Times.

And Reuters reports that "Briefs in same-sex marriage cases cite burdens on employers."
Posted at 10:14 AM by Howard Bashman



"Voting Law Decision Could Sharply Limit Scrutiny of Rules": Charlie Savage will have this article in Friday's edition of The New York Times.
Posted at 10:09 AM by Howard Bashman


"Supreme Court split on merchants' antitrust case vs American Express": Andrew Longstreth of Reuters has this report.

My earlier coverage of yesterday's oral argument appears at this link.
Posted at 10:06 AM by Howard Bashman



"In voting-rights case, liberal justices pitch to Kennedy": Joan Biskupic of Reuters has this report.
Posted at 08:59 AM by Howard Bashman


Wednesday, February 27, 2013

"Does the Government Deserve Your DNA? The crucial privacy case before the Supreme Court." Law professor Jeffrey Rosen has this essay online today at The New Republic.
Posted at 11:48 PM by Howard Bashman


"Sotomayor, Kagan ready for battles": Columnist Dana Milbank will have this op-ed Thursday in The Washington Post.
Posted at 11:25 PM by Howard Bashman


"Voting Rights Law Draws Skepticism From Justices": 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 conservatives express skepticism over voting law provision."

In Thursday's edition of The Los Angeles Times, David G. Savage and David Lauter will have an article headlined "Supreme Court voices skepticism about Voting Rights Act; Conservative justices question whether racial discrimination remains a problem and therefore whether a section of the historic 1965 law unfairly restricts Southern states today."

Jess Bravin of The Wall Street Journal has an article headlined "Voting Act Under Scrutiny; Justices Weigh Challenge to Federal Oversight of Some States' Electoral Practices."

The Fort Worth Star-Telegram reports that "Supreme Court to decide future of Voting Rights Act."

The Birmingham News has reports headlined "U.S. Supreme Court justices point to need for Voting Rights Act in Shelby County case" and "Voting Rights Act supporters travel from Shelby County to attend U.S. Supreme Court case."

The Washington Times has an article headlined "Conservative court justice: Voting rights law perpetuates 'racial entitlement.'"

Warren Richey of The Christian Science Monitor has an article headlined "Voting Rights Act case: Supreme Court questioning is lively, pointed."

Bill Mears of CNN.com has a blog post titled "Justices offer split views on Voting Rights Act enforcement."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices Weigh Future of Key Voting Rights Act Section."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Conservative Justices Skeptical Of Key Part Of Voting Law" featuring Nina Totenberg.

This evening's broadcast of The PBS NewsHour contained segments titled "Supreme Court Hears Arguments Against Key Provision of Voting Rights Act" and "Is Discrimination History Provision of Voting Rights Act Still Relevant?"

And online at Slate, Emily Bazelon has a Supreme Court dispatch titled "Is the South Still Racist? The Supreme Court's conservatives seem to think the answer is no -- and that the Voting Rights Act has outlived its purpose."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Shelby County v. Holder, No. 12-96.
Posted at 11:15 PM by Howard Bashman



"Argentina Says It Won't Voluntarily Comply With Bond Ruling": Bloomberg News has this report on a case argued today before a three-judge panel of the U.S. Court of Appeals for the Second Circuit.
Posted at 10:42 PM by Howard Bashman


"Justices Appear Skeptical Over a Challenge to Required Arbitration": Binyamin Appelbaum will have this article Thursday in The New York Times.

And Tom Schoenberg of Bloomberg News reports that "Amex Policy Reopens High Court Debate on Arbitration."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in American Express Co. v. Italian Colors Restaurant, No. 12-133.
Posted at 10:40 PM by Howard Bashman



"Appeals court panel rejects constitutional challenge to Mississippi's noneconomic damages cap": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 10:22 PM by Howard Bashman


"Court Won't Let Terrorism Victims Claim Persian Artifacts From Harvard": The Chronicle of Higher Education has this blog post about a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 10:12 PM by Howard Bashman


"Judge sets May 7 sentencing for Joan Orie Melvin": The Pittsburgh Tribune-Review has this news update.
Posted at 10:04 PM by Howard Bashman


"DOJ: Dismiss Suit Over Supreme Court Visitor's 'Occupy Everywhere' Jacket." Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 08:15 PM by Howard Bashman


"Circuit Nominee Enjoys Extra Friendly Reception at Senate Committee Hearing": At "The BLT: The Blog of Legal Times," Todd Ruger has a post that begins, "Jane Kelly got an extra friendly reception from the Senate Judiciary Committee at her confirmation hearing Wednesday for the U.S. Court of Appeals for the Eighth Circuit, soaking up a stream of compliments and fielding questions about why diversity in the courts is important."
Posted at 06:09 PM by Howard Bashman


"Supreme Court Dismisses Challenge to FISA Amendments Act; EFF's Lawsuit Over NSA Warrantless Wiretapping Remains": The Electronic Frontier Foundation has this blog post today.
Posted at 06:07 PM by Howard Bashman


U.S. Senate confirmation is not required for this appointment to take effect: The University of Pennsylvania Law School today issued a news release titled "Federal Judge Anthony J. Scirica appointed to Penn Law faculty."

According to the news release, "Upon assuming his Penn law position, he will take senior status" at the U.S. Court of Appeals for the Third Circuit.
Posted at 06:04 PM by Howard Bashman



Programming note: I will be away from the computer this afternoon to meet with trial counsel in connection with an appeal on which I may be working. Consequently, additional posts will appear here this evening.

Once the U.S. Supreme Court posts online the transcript of this morning's oral argument in Shelby County, Alabama v. Holder, No. 12-96, you will be able to access the transcript via this link.
Posted at 01:32 PM by Howard Bashman



"Sixth Circuit weigh in with instructions on restitution sentencing in child porn cases": At his "Sentencing Law and Policy" blog, Douglas A. Berman has this post about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:17 PM by Howard Bashman


"Voting rights law gets Supreme Court challenge": Mark Sherman of The Associated Press has this report.

Greg Stohr of Bloomberg News reports that "Voting Rights Act Questioned as Top Court Weighs Rollback."

Adam Liptak of The New York Times has a news update headlined "Conservative Justices Voice Skepticism on Voting Law."

David G. Savage and David Lauter of The Los Angeles Times have a news update headlined "Supreme Court justices sharply divided in Voting Rights Act case."

Richard Wolf of USA Today reports that "Supreme Court raises doubts about Voting Rights Act; The case is sandwiched between several other civil rights cases in a Supreme Court term that could be even more consequential than the previous one, when President Obama's health care law was salvaged."

Lawrence Hurley of Reuters reports that "Conservatives on high court cast doubt on voting law."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Voting law in peril -- maybe."

And Sahil Kapur of TPM DC reports that "Conservative Justices Hammer The Voting Rights Act."
Posted at 12:53 PM by Howard Bashman



"Appeals court voids Encore debt settlement": Jonathan Stempel of Reuters has a report that begins, "A federal appeals court on Tuesday voided a controversial $5.2 million settlement intended to resolve allegations that Encore Capital Group Inc used false affidavits and other illegal tactics to collect debts from 1.44 million consumers."

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



"Superior Court opens its doors at Northampton County College to veterans and students": Peter Hall has this article today in The Morning Call of Allentown, Pennsylvania.
Posted at 11:07 AM by Howard Bashman


"Brief Supporting Same-Sex Marriage Gets More Republican Support": This article will appear in Thursday's edition of The New York Times.
Posted at 11:03 AM by Howard Bashman


"Justice Souter: Working in Reverse, by Choice." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 10:52 AM by Howard Bashman


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

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085. Justice Samuel A. Alito, Jr. issued a concurring opinion. Justice Antonin Scalia issued a dissenting opinion. And Justice Clarence Thomas issued a dissenting opinion, in which Justice Anthony M. Kennedy joined in full and Justice Scalia joined in part. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Gabelli v. SEC, No. 11-1274. You can access the oral argument via this link.

In early news coverage, The Associated Press has a report headlined "Court: No extra time to sue for securities fraud."

Greg Stohr of Bloomberg News reports that "Securities-Fraud Suits Backed by Supreme Court in Amgen Case" and "SEC Must File Fraud Suits Sooner, U.S. Supreme Court Rules."

And Lawrence Hurley and David Ingram of Reuters report that "Supreme Court rules against Amgen in class action" and "Supreme Court limits SEC authority to seek penalties."
Posted at 10:06 AM by Howard Bashman



"Ohio court hearing arguments in school Bible case": The Associated Press has a report that begins, "Attorneys for a fired public school science teacher who kept a Bible on his desk plan to argue before the Ohio Supreme Court that the teacher's dismissal was unconstitutional."

The case is scheduled for oral argument today in the Supreme Court of Ohio. That court's Public Information Office has prepared a summary of the case headlined "Did Public School Teacher's Firing for Presenting Religious Doctrine In Science Class Violate His Free Speech Rights? Suit Alleges School Board Policy Barring Teaching of Creationism Is Unconstitutional."

The teacher case is the second case scheduled for oral argument this morning. The summary of the first case scheduled for oral argument is headlined "May Plaintiff Pursuing Civil Claim Based on Alleged Sexual Assault File Suit and Proceed Under 'John Doe' Pseudonym? Does Intimate Nature of Conduct Support Exception to Rule Requiring Use of Real Name."

The court provides a live video stream of the oral arguments beginning at 9 a.m eastern time at this link.
Posted at 08:54 AM by Howard Bashman



"Voting Act Challenge Hinges on a Formula": Adam Liptak has this article today in The New York Times.

Mark Sherman of The Associated Press reports that "Voting rights law gets Supreme Court challenge."

Today's broadcast of NPR's "Morning Edition" contained an audio segment titled "Supreme Court Weighs Future Of Voting Rights Act" featuring Nina Totenberg.

And online at Mother Jones, Adam Serwer has an article headlined "Chief Justice Roberts' Long War Against the Voting Rights Act: Roberts has been a critic of the Voting Rights Act for 30 years; Now he will help decide whether the law's most important section lives or dies."
Posted at 08:35 AM by Howard Bashman



"Supreme Court questions sides in challenge of Md. DNA law; Ruling from justices could come in a few months": This article appears today in The Baltimore Sun.

The Daily Times of Salisbury, Maryland reports today that "DNA decision to affect nation; Wicomico case heard by Supreme Court."

Adam Liptak of The New York Times reports that "Justices Wrestle Over Allowing DNA Sampling at Time of Arrest."

Robert Barnes of The Washington Post reports that "Supreme Court weighs DNA 'fingerprinting.'"

David G. Savage of The Los Angeles Times reports that "Justices closely split on routine DNA sampling by police."

And yesterday evening's broadcast of The PBS NewsHour contained a segment titled "Case on Police Collecting DNA From Criminals Reaches Supreme Court" featuring Marcia Coyle.
Posted at 08:30 AM by Howard Bashman



"Central Va. psychic loses appeal to US panel": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.

And at "walshsblog," Kevin C. Walsh has a post titled "Fourth Circuit rejects psychic's free speech and free exercise challenges to Chesterfield County (VA) regulatory scheme."

In earlier coverage, The Richmond Times-Dispatch previously reported that "'Psychic Sophie' takes constitutional case to appeals court."
Posted at 08:17 AM by Howard Bashman



Breaking Bad, starring Mr, Dude: Circuit Judge Neil M. Gorsuch issued this opinion yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit. The opinion begins, "Harald Dude's real estate dealings began breaking bad in 2003."
Posted at 08:09 AM by Howard Bashman


Tuesday, February 26, 2013

"Supreme Court to Tackle Voting-Rights Case": Jess Bravin of The Wall Street Journal has this report.

Sahil Kapur of TPM DC reports that "Overturning The Voting Rights Act Would Be Seminal Moment For Conservative Legal Movement."

Lawrence Hurley of Reuters reports that "Supreme Court to weigh ongoing validity of voting rights law."

Warren Richey of The Christian Science Monitor has an article headlined "Voting Rights Act: Is major portion outdated? Supreme Court to hear arguments."

The Washington Times reports that "Supreme Court to take key voting rights case."

The Austin American-Statesman reports that "Voting rights case has Texas implications."

Richard Wolf of USA Today has an article headlined "For '60s civil rights leader, the march isn't over."

Ariane De Vogue of ABC News reports that "Challenge to the Voting Rights Act Reaches Supreme Court."

Ryan J. Reilly of The Huffington Post has an article headlined "Supreme Court Voting Rights Act Case: DOJ's Tom Perez Calls Section 5 'Regrettably' Necessary."

And from National Public Radio, yesterday evening's broadcast of "All Things Considered" contained an audio segment titled "Alabama Divided As Court Prepares To Hear Voting Rights Challenge." And yesterday's broadcast of "Talk of the Nation" contained an audio segment titled "Is The Voting Rights Act Relevant In 2013?"
Posted at 11:46 PM by Howard Bashman



"Abortion rights: Why New York is swimming against the national tide; New York Gov. Andrew Cuomo has come under fire for proposing a bill relaxing abortion controls even as many other states push restrictions; His office says the bill aims to strengthen Roe v. Wade." The Christian Science Monitor has this report.
Posted at 11:26 PM by Howard Bashman


"Sen. Ted Cruz's crusade draws praise from allies, scorn from critics": This article appears today in The Fort Worth Star-Telegram.
Posted at 11:18 PM by Howard Bashman


"Justices Turn Back Challenge to Broader U.S. Eavesdropping": Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court dismisses challenge to surveillance law."

In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court rules out secret surveillance lawsuits; The ruling is the latest to shield the U.S. government's anti-terrorism surveillance programs from court challenge; Critics see a setback for privacy rights."

Warren Richey of The Christian Science Monitor has an article headlined "Surveillance law: US group can't challenge it, Supreme Court rules; A 2008 surveillance law allows the US government to detect and track the messages of would-be foreign terrorists; Critics say it is overly broad, but on Tuesday the Supreme Court blocked a challenge to it."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Supreme Court Makes It Harder To Challenge Foreign Intelligence Surveillance Act" featuring Nina Totenberg.

Greg Stohr of Bloomberg News reports that "Wiretapping-Law Challenges Barred by U.S. Supreme Court."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Thwarts Challenge to Warrantless Surveillance."

At Ars Technica. Joe Mullin reports that "Supreme Court kills activists' challenge to FISA spying law; 5-4 decision holds groups can't sue unless they can prove they were spied on."

And Matt Sledge of The Huffington Post has an article headlined "Clapper v. Amnesty International, Warrantless Wiretapping Challenge, Struck Down By Supreme Court."
Posted at 11:04 PM by Howard Bashman



"High court throws out $1B fraud verdict in Exxon leak case": The Baltimore Sun has this news update.

And Jonathan Stempel and Anna Driver of Reuters report that "Court throws out much of $1.6 bln leak case vs Exxon."

You can access today's rulings of the Court of Appeals of Maryland -- that state's highest court -- in these two cases here and here.
Posted at 09:47 PM by Howard Bashman



"Halligan Vote Could Rekindle Judges Fight": Roll Call has a report that begins, "The battle over judicial nominations in the Senate could reignite as soon as next week as Democrats look to fill what they argue are pressing vacancies."
Posted at 09:40 PM by Howard Bashman


"Gay Couples Face a Mixed Geography of Marriage": This article will appear Wednesday in The New York Times.
Posted at 09:00 PM by Howard Bashman


"9th Circuit OKs Facebook settlement, despite judges' grumbling": Dan Levine of Reuters has this report on an order denying rehearing en banc, and dissent therefrom, that the U.S. Court of Appeals for the Ninth Circuit issued today.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Facebook Privacy Settlement 'Muddles' Law."
Posted at 08:46 PM by Howard Bashman



"Live robed girls on your home screen": In today's edition of The San Francisco Chronicle, columnist Jon Carroll has an op-ed that begins, "Justice Sonia Sotomayor has been pretty much everyplace recently; having a book to flog will do that to a person. Suddenly her opinions on a wide variety of issues are being parsed for their possible impact on her Supreme Court votes."
Posted at 08:40 PM by Howard Bashman


"2nd Circuit upholds NYC ordinance on flavored tobacco": Reuters has this report.

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 03:56 PM by Howard Bashman



"DOMA: Describing a life in the shadows." Lyle Denniston has this post at "SCOTUSblog."
Posted at 03:55 PM by Howard Bashman


"Federal Judge Oberdorfer, Who Died at 94, 'Tried to Do Justice Wherever Possible'": Zoe Tillman and Tony Mauro have this post today at "The BLT: The Blog of Legal Times."
Posted at 03:54 PM by Howard Bashman


"Arkansas governor vetoes 20-week abortion bill": The Associated Press has this report.
Posted at 03:51 PM by Howard Bashman


"9th Circuit judges split over anti-Bush protest": Josh Gerstein of Politico.com has this blog post reporting on an order denying rehearing en banc, and dissent therefrom, that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:44 PM by Howard Bashman


"Police use of DNA samples at issue in Supreme Court case": Lawrence Hurley of Reuters has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Does crime-solving trump privacy?"
Posted at 03:38 PM by Howard Bashman



"The Roberts Court vs. Voting Rights": Law professor David Cole has this blog post online today at The New York Review of Books.
Posted at 02:26 PM by Howard Bashman


"Influential Republicans Champion Same Sex Marriage": Sahil Kapur has this report at TPM DC.

Update: In other coverage, Howard Mintz of The San Jose Mercury News has a report headlined "Proposition 8 case: Conservatives line up against gay marriage ban in U.S. Supreme Court."
Posted at 01:54 PM by Howard Bashman



"Circuit Blocks Sea Shepherd Anti-Whaling Actions": Pamela A. MacLean has this post at her "Trial Insider" blog reporting a decision, and a partial dissent from the decision, that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued late yesterday.

Update: In other coverage, The Associated Press has a report headlined "Court: Anti-whaling protesters are 'pirates.'"
Posted at 01:46 PM by Howard Bashman



"Circuit Reconsiders Muzzling Defense Closings": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 01:42 PM by Howard Bashman


"Racial Prejudice at Trial? Sorry, Can't Help, Says Supreme Court; Justice Sotomayor blasts a federal prosecutor for racially charged comments during a trial; But for the one person most affected by his slurs -- the defendant -- there's no relief in sight." Andrew Cohen has this essay online at The Atlantic.
Posted at 01:34 PM by Howard Bashman


"Court takes up question of arrestee DNA sampling": Jesse J. Holland of The Associated Press has this report.

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Maryland v. King, No. 12-207.
Posted at 01:26 PM by Howard Bashman



"DOMA plaintiff's brief filed": "SCOTUSblog" has this post. The brief itself can be accessed here.
Posted at 01:24 PM by Howard Bashman


"Federal court rejects Florida's welfare drug-testing appeal": The Miami Herald has this blog post.

And The Associated Press reports that "Temporary ban on Fla. welfare drug testing upheld."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 01:14 PM by Howard Bashman



In the March 2013 issue of ABA Journal magazine: Mark Walsh has articles headlined "Justices will probe Arizona's voter registration law" and "Fifty years after Gideon, lawyers still struggle to provide counsel to the indigent."

Terry Carter's cover story is headlined "Meet the man who would save Guantanamo."

Anna Stolley Persky has an article headlined "District attorneys are declining to defend controversial state and federal laws."

And this month's installment of Bryan A. Garner's "On Words" column is headlined "Why lawyers can't write."
Posted at 12:16 PM by Howard Bashman



"Judge lifts order sealing Tucson shooting records": The Associated Press has a report that begins, "A judge has lifted his order that prevented the release of investigation records in the Tucson shooting rampage that killed six people and wounded former U.S. Rep. Gabrielle Giffords two years ago."
Posted at 11:52 AM by Howard Bashman


"Supreme Court blocks challenge to anti-terrorism law": Richard Wolf of USA Today has this news update.

Adam Liptak of The New York Times has a news update headlined "Supreme Court Rejects Challenge to Surveillance Law."

And Politico.com reports that "Supreme Court dismisses surveillance case."
Posted at 11:45 AM by Howard Bashman



"Obama May Bolster Gay-Marriage Bid in California Case": Greg Stohr of Bloomberg News has this report.
Posted at 11:34 AM by Howard Bashman


Second Circuit holds that federal law does not preempt a New York City ordinance governing the sale of flavored smokeless tobacco products: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:04 AM by Howard Bashman


"Ted Cruz Doubles Down On Idiotic, Incorrect Statement About Harvard Law School": Elie Mystal has this post at "Above the Law."
Posted at 10:54 AM by Howard Bashman


"Enraged by abusive lawsuits, anonymous troll slayers fight back; Growing community of online activists is making life difficult for porn trolls": Timothy B. Lee has this article online today at Ars Technica.
Posted at 10:45 AM by Howard Bashman


"EU judges to hear arguments in Google test privacy case": Reuters has a report that begins, "Google will do battle with Spain's data protection authority in Europe's highest court on Tuesday in a landmark case with global implications which poses one of the thorniest questions of the Internet age: When is information really private?"
Posted at 10:37 AM by Howard Bashman


"Appointment of The Right Honourable Lord Justice Toulson, The Right Honourable Lord Justice Hughes and Lord Hodge as Justices of the Supreme Court of the United Kingdom": The British Prime Minister's Office issued this news release today.

Thereafter, the Supreme Court of the United Kingdom issued a news release titled "Trio of judicial appointments to the Supreme Court."
Posted at 10:35 AM by Howard Bashman



"Constitution Check: Would a 'drone court' be unconstitutional?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:32 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 Samuel A. Alito, Jr. delivered the opinion of the Court in Clapper v. Amnesty International USA, No. 11-1025. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

2. And Justice Clarence Thomas delivered the opinion of the Court in Marx v. General Revenue Corp., No. 11-1175. Justice Sotomayor issued a dissenting opinion, in which Justice Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court won't allow challenge to surveillance law."

And Lawrence Hurley and Jonathan Stempel of Reuters report that "Supreme Court throws out challenge to surveillance law."
Posted at 10:12 AM by Howard Bashman



"Wisconsin is next Wal-Mart battleground": Carlyn Kolker of Reuters has this report.
Posted at 09:54 AM by Howard Bashman


"Preview: U.S. Supreme Court revisits scope of arbitration agreements." Andrew Longstreth of Reuters has this report.
Posted at 09:52 AM by Howard Bashman


"Warren wins court battle over holiday display": The Detroit Free Press contains this article today.

My earlier coverage of yesterday's Sixth Circuit ruling appears at this link.

Update: In other coverage, at Politico.com, Tal Kopan has a blog post titled "Court upholds town holiday display, rejection of anti-religious message."
Posted at 09:50 AM by Howard Bashman



"Republicans Sign Brief in Support of Gay Marriage": This article appears today in The New York Times.
Posted at 09:44 AM by Howard Bashman


"Argument preview: The Court's options on voting rights." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:40 AM by Howard Bashman


"Supreme Court Considers If Warrantless DNA Swab Violates Constitution": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

Lawrence Hurley of Reuters reports that "DNA a civil rights issue in Supreme Court case."

Ariane De Vogue of ABC News has a report headlined "Arrestee DNA and Rape: One Prosecutor's Story Arrives at Supreme Court."

The Daily Times of Salisbury, Maryland reports today that "Supreme Court to hear first Wicomico Case in a century; DNA matches 2003 rape case."

And Bill Mears of CNN.com has a report headlined "Privacy vs. prosecution: DNA testing gets high court review."
Posted at 08:37 AM by Howard Bashman



"Two rulings that benefited a powerful few": Columnist Farah Stockman has this op-ed today in The Boston Globe.
Posted at 08:30 AM by Howard Bashman


"Supreme Court set to update legal definition of hate-speech in first ruling of Internet age": The National Post has an article that begins, "Canada's controversial 20-year-old legal definition of hatred is set to be updated or even overturned on Wednesday, as the Supreme Court of Canada rules in the case of William Whatcott, a born-again anti-gay pamphleteer who ran afoul of Saskatchewan's Human Rights Code."
Posted at 08:15 AM by Howard Bashman


"Lesson with merit: Orie Melvin case has a bigger point for lawmakers." This editorial appears today in The Pittsburgh Post-Gazette.

And today's edition of The Times-Tribune of Scranton, Pennsylvania contains an editorial entitled "Orie Melvin should resign."
Posted at 08:14 AM by Howard Bashman



"NJ's highest court to hear 'joking judge' appeal": The Associated Press has this report.

And yesterday's edition of The Record of Bergen County, New Jersey contained an article headlined "Ethics panel says South Hackensack judge can't be stand-up comic; court to rule."
Posted at 08:10 AM by Howard Bashman



"Robert E. Bacharach confirmed as federal appeals court judge; The Oklahoma City magistrate judge's confirmation was delayed by politics for nearly nine months before he was unanimously approved by U.S. Senate": Chris Casteel has this article today in The Oklahoman.

And The Norman Transcript reports today that "Senate confirms OU grad to post."
Posted at 08:04 AM by Howard Bashman



Monday, February 25, 2013

"Edward Blum defies odds in getting cases to Supreme Court": This article will appear Tuesday in The Washington Post.
Posted at 10:36 PM by Howard Bashman


"The Tortuous, Protracted Wait to Confirm Judges -- From Abe to Obama: The Senate confirmed Robert Bacharach as a U.S. circuit judge Monday after 399 days in limbo; In Lincoln's day, it often took less than 10 days." Russell Wheeler has this essay online at The Atlantic.
Posted at 09:38 PM by Howard Bashman


"Sotomayor chides prosecutor for 'racially charged' question": Robert Barnes will have this article Tuesday in The Washington Post.

David G. Savage of The Los Angeles Times has a news update headlined "Justice Sotomayor criticizes prosecutor for racial remark."

The San Antonio Express-News reports that "Supreme Court justices rip S.A. prosecutor."

Bill Mears of CNN.com has a blog post titled "Sotomayor slams controversial remarks by prosecutor."

At Politico.com, Tal Kopan has a blog post titled "Sotomayor slams prosecutor's racial remarks."

And The Hill has a blog post titled "Justice Sotomayor reprimands federal prosecutor for racial remark."
Posted at 08:52 PM by Howard Bashman



"Justices Hear Arguments on Missed Deadline in Murder Case": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 08:46 PM by Howard Bashman


"After Months of Delay, Senate Confirms Tenth Circuit Nominee Unanimously": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 06:23 PM by Howard Bashman


Access parts four and five of Brandi Grissom's six-part series in The Texas Tribune "exploring the intersections of the mental health and criminal justice systems in Texas": Part four is headlined "Andre Thomas: Gaps in a 30-Year-Old Mental Health Code," while part five is headlined "Andre Thomas: Struggling to Maintain Sanity In Prison."

My earlier coverage of the series can be accessed here, here, and here.
Posted at 06:05 PM by Howard Bashman



"Bork: Nixon offered next high court vacancy in '73." The Associated Press has this report.
Posted at 05:51 PM by Howard Bashman


"Roe v Wade: 40 Years On. . . The Legal History & Future of Reproductive Rights." Some careful readers may recall that recently I was involved in a taping of an episode of The American Law Journal television show. The program is scheduled for broadcast tonight, and it can be viewed online, on-demand at this link.
Posted at 05:46 PM by Howard Bashman


"Court takes up question of arrestee DNA sampling": Jesse J. Holland of The Associated Press has this report.
Posted at 05:42 PM by Howard Bashman


"Supreme Court Denies Certiorari in Butt v. Utah": Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 03:28 PM by Howard Bashman


"Would-Be Federal Judges Face The Washington Waiting Game": Carrie Johnson will have this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 03:26 PM by Howard Bashman


"D.C. Circuit Appears Skeptical of FCC in Tennis Channel Case": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."

Update: In other coverage, Reuters reports that "Court grills FCC, Tennis Channel in Comcast discrimination suit."
Posted at 03:22 PM by Howard Bashman



"Obama Justice Department Won't Disclose Number Of Classified OLC Opinions": Ryan J. Reilly of The Huffington Post has this report.
Posted at 03:21 PM by Howard Bashman


"St Joe investors lose in court; Einhorn had shorted stock": Reuters has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 03:17 PM by Howard Bashman


"Alabama will not challenge ban on collecting immigration information from students": The Huntsville Times has a news update that begins, "The State of Alabama will not ask the U.S. Supreme Court to rule on its efforts to collect immigration information on public school students, Alabama Solicitor General John Neiman said this morning."
Posted at 01:02 PM by Howard Bashman


"Does the Fourth Amendment still fit the 21st Century?" Law professor Erwin Chemerinsky has this essay online today at the ABA Journal's "Law News Now" blog.
Posted at 12:20 PM by Howard Bashman


"Justice laments prosecutor's racially charged question": Lawrence Hurley of Reuters has a report that begins, "U.S. Supreme Court Justice Sonia Sotomayor on Monday condemned racially charged language used by a federal prosecutor in Texas."

Update: In other coverage, The Associated Press reports that "Sotomayor criticizes prosecutor for racial remark."
Posted at 12:07 PM by Howard Bashman



"Ted Talks: Why Sen. Ted Cruz gets rewarded for saying a lot of things that no one would take seriously anywhere else." David Weigel has this essay online at Slate.

The essay contains a discussion of some of the cases that U.S. Senator Ted Cruz (R-TX) argued at the U.S. Supreme Court when he served as Solicitor General of Texas.
Posted at 12:00 PM by Howard Bashman



"Argentina Bets on Skeptical U.S. Judges to Avoid Crisis": Bloomberg News has this report.
Posted at 11:34 AM by Howard Bashman


"Harvard Law Review Increases Online Presence": This article appears today in The Harvard Crimson.
Posted at 11:09 AM by Howard Bashman


"So Open It Hurts: What the Internet did to Aaron Swartz." Noam Scheiber has this cover story in the March 11, 2013 issue of The New Republic.
Posted at 11:03 AM by Howard Bashman


Sixth Circuit rejects Freedom from Religion Foundation's claim that the City of Warren, Michigan must add a "Winter Solstice" sign criticizing religious belief to the city's pre-Christmas holiday display of secular and religious symbols: Circuit Judge Jeffrey S. Sutton wrote today's opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 10:24 AM by Howard Bashman


"Will the Supreme Court Open the Door to Voter Discrimination?" Adam Cohen has this essay online today at the web site of Time magazine.
Posted at 10:09 AM by Howard Bashman


"Money Managers: The justices might not be done ruining our campaign finance system." Michael Tomasky has this essay online today at The Daily Beast.
Posted at 09:48 AM by Howard Bashman


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

In addition, Justice Sonia Sotomayor issued a statement, in which Justice Stephen G. Breyer joined, respecting the denial of certiorari in Calhoun v. United States, No. 12-6142.

In early news coverage, The Associated Press reports that "High court to review Kansas sheriff's killing"; "Court won't hear campaign contributions appeal"; and "Court nixes Va. appeal in case of low IQ inmate."

Reuters reports that "U.S. justices agree to weigh defendant's self-incrimination claim"; "Supreme Court to hear claim over withdrawn guilty plea"; and "U.S. justices decline to hear campaign finance case."

Greg Stohr of Bloomberg News reports that "Clinton Backers Rejected by High Court on Campaign Charge."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court grants two cases."
Posted at 09:38 AM by Howard Bashman



"In Maryland, five wait on death row": This article appears today in The Washington Post.
Posted at 08:10 AM by Howard Bashman


"FBI cyberwar's poor aim: Swartz case a sorry use of resources." Rachelle G. Cohen has this op-ed today in The Boston Herald.
Posted at 08:09 AM by Howard Bashman


"Shame in the family: Justice Joan Orie Melvin needs to resign her seat." The Pittsburgh Post-Gazette contains this editorial today.
Posted at 08:06 AM by Howard Bashman


Sunday, February 24, 2013

"Can escape clause save voting rights provision?" Mark Sherman of The Associated Press has this report.
Posted at 11:14 PM by Howard Bashman


"DNA and the Constitution": This editorial will appear Monday in The New York Times.
Posted at 11:09 PM by Howard Bashman


"Generic-Drugs Ruling Stirs Backlash": In Monday's edition of The Wall Street Journal, Joe Palazzolo will have an article that begins, "Business groups are urging Alabama's highest court to reconsider its recent ruling that name-brand drug makers can be held liable for injuries caused by the generic versions of their products."

You can freely access the full text of the article via Google News.
Posted at 10:50 PM by Howard Bashman



"Case law precedent murky on prayer before government meetings": Today's edition of The Rapid City (S.D.) Journal contains an article that begins, "The legal case against prayer at government meetings isn't nearly as clear-cut as the Freedom From Religion Foundation would have Rapid City officials believe."
Posted at 09:30 PM by Howard Bashman


"'Blessed' Sotomayor wins against-all-odds journey": Brenlee Carrington had this book review in yesterday's edition of The Winnipeg Free Press.
Posted at 09:26 PM by Howard Bashman


"Anti-communist oaths persist despite court rulings": The Associated Press has this report.
Posted at 09:22 PM by Howard Bashman


"U.S. Supreme Court to hear arguments over Md. DNA case; Justices' decision will have national implications on future crime-fighting procedures": This article will appear Monday in The Baltimore Sun.

And in Monday's edition of USA Today, Richard Wolf will have an article headlined "High court's DNA case pits crime solving vs. privacy."
Posted at 09:10 PM by Howard Bashman



"Welcome to the blogosphere Judge Richard Kopf via 'Hercules and the Umpire'": Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog about a new blog titled "Hercules and the Umpire," written by Senior U.S. District Judge Richard G. Kopf.

I had the pleasure of speaking with Judge Kopf at a few events sponsored by the Eighth Circuit that I have attended. His blog's first post, explaining the motiviation and title of the blog, is very much worth a look.
Posted at 01:24 PM by Howard Bashman



"Time to change the way top judges get their jobs": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "With its conviction of a member of the state's highest court on election campaign corruption charges, a Pittsburgh-area jury on Thursday, in effect, issued a parallel indictment of the way Pennsylvania voters pick their top judges."

Over eleven years ago, the installment of my "Upon Further Review" column published in The Legal Intelligencer on Monday, September 10, 2001 was titled "Pennsylvania Should Keep, But Reform, Its System Of Electing Appellate Judges."
Posted at 11:32 AM by Howard Bashman



"Servant of the Law: The experience, and good sense, of Robert Bork." In the March 4, 2013 issue of The Weekly Standard, Fourth Circuit Judge J. Harvie Wilkinson III has this review of Robert H. Bork's new book, "Saving Justice: Watergate, the Saturday Night Massacre, and Other Adventures of a Solicitor General."

And speaking of Judge Wilkinson, yesterday at the blog "washslaw," law professor Kevin C. Walsh had a post titled "Some JHW III for AMK and others re: same-sex marriage and indulging 'the impulse to constitutionalize.'"
Posted at 11:15 AM by Howard Bashman



"Justices poised to query voting rights focus on South": Joan Biskupic of Reuters has this report.
Posted at 11:08 AM by Howard Bashman


"Under the U.S. Supreme Court: Prisoners at the mercy of abusive guards?" Michael Kirkland of UPI has this report.
Posted at 09:25 AM by Howard Bashman


Saturday, February 23, 2013

"Ted Cruz Responds: Harvard Law Was Full of Communists." Jane Mayer has this blog post online today at The New Yorker.
Posted at 11:30 PM by Howard Bashman


"Melvin conviction may reignite talk of reform in Pennsylvania": Sunday's edition of The Pittsburgh Tribune-Review will contain an article that begins, "As lawmakers and court officials assess how suspended Supreme Court Justice Joan Orie Melvin will leave the bench, others are pondering whether her corruption conviction will stop the pervasive use of tax dollars in Pennsylvania political campaigns."
Posted at 11:28 PM by Howard Bashman


"Supreme Court considers South's legacy and progress on voting rights": Robert Barnes will have this article Sunday in The Washington Post.
Posted at 11:26 PM by Howard Bashman


"The Miami Herald's Carol Rosenberg on How to Report From Guantanamo Bay": Petra Bartosiewicz has this blog post at New York magazine's web site.
Posted at 01:37 PM by Howard Bashman


"States Take Sides As Court Revisits Voting Rights Act": Nina Totenberg and Angela Chang have this blog post at NPR.org.
Posted at 01:33 PM by Howard Bashman


"Former Justice O'Connor visits Watsonville": The Register-Pajaronian of Watsonville, California has this report.
Posted at 08:35 AM by Howard Bashman


"Kansas Supreme Court upholds lesbian mother's rights": Tony Rizzo has this front page article today in The Kansas City Star.

And The Topeka Capital-Journal reports that "Parental rights upheld for same-sex partner."

You can access yesterday's ruling of the Supreme Court of Kansas at this link.
Posted at 08:32 AM by Howard Bashman



"Supreme Court to weigh divisive voting rights case": Bill Mears of CNN.com has this report.
Posted at 08:26 AM by Howard Bashman


"Iowa court: Estranged husband can disregard dead wife's burial plan; Mary Whalen will be buried in Iowa rather than Montana -- against her wishes." This article appears today in The Des Moines Register.

And at "On Brief: Iowa's Appellate Blog," Jay Syverson has a post titled "Bury Me in Satin, Pretty Please."

You can access yesterday's ruling of the Supreme Court of Iowa at this link.
Posted at 08:25 AM by Howard Bashman



"Measure drafted for impeachment of judge": The Associated Press has a report that begins, "A legislator has drafted a resolution that would be the first step in the possible impeachment of Pennsylvania Supreme Court Justice Joan Orie Melvin following her conviction on six counts of corruption, the lawmaker said Friday."

KDKA-2, Pittsburgh's CBS affiliate, reports that "House Judiciary Committee Leader Begins Impeachment Process Against Justice Melvin."

And in related news, The Express-Times of Easton, Pennsylvania reports today that "Judge Jack Panella, of Palmer Township, unlikely to be appointed to state Supreme Court."
Posted at 08:20 AM by Howard Bashman



"Supreme Court justices: The case for hanging it up; Justices can be independent of the elected branches and of the people without serving for life." Law professor Eric J. Segall will have this op-ed Sunday in The Los Angeles Times.
Posted at 08:09 AM by Howard Bashman


"Argument preview: Crime, technology, and privacy." Lyle Denniston has this post at "SCOTUSblog."
Posted at 07:40 AM by Howard Bashman


Friday, February 22, 2013

"Federal court: No Second Amendment guarantee for concealed carry." The Denver Post has a news update that begins, "The Second Amendment's guarantee of a right to bear arms does not extend to the right to carry a concealed weapon in public, a federal appeals court in Denver has ruled."

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



"DOMA: U.S. takes tough line on marriage denial." Lyle Denniston has this post at "SCOTUSblog."

And Howard Mintz of The San Jose Mercury News has an update headlined "President Obama opposes federal gay marriage ban in U.S. Supreme Court argument."

Update: Josh Gerstein of Politico.com reports that "Obama brief fuels marriage fight."
Posted at 09:12 PM by Howard Bashman



"Are some civil rights era protections still relevant? Supreme Court will decide." Michael Doyle of McClatchy Newspapers has this report, along with an article headlined "Landmark Supreme Court voting rights debate will have California impact."
Posted at 05:02 PM by Howard Bashman


"Federal Circuit Discusses Judicial Takings . . . In A Disbarment Case?" Robert H. Thomas has this blog post at "inversecondemnation.com" about a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 03:20 PM by Howard Bashman


"Pendent Appellate Bootstrapping": Law professor Stephen I. Vladeck has this article in the Winter 2013 issue of The Green Bag.
Posted at 03:08 PM by Howard Bashman


"Feds Focused on Aaron Swartz's Manifesto to Unshackle 'Privatization of Knowledge'": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 02:24 PM by Howard Bashman


"Cherokee National Supreme Court Museum offering free admission this weekend": The Cherokee Nation issued this news release yesterday. You can learn more about the museum at this link.
Posted at 01:52 PM by Howard Bashman


"Trade-Worker Funds Can't Recover Madoff Losses Says Court": Bloomberg News has a report that begins, "Building-trade worker benefit funds that invested in feeder funds to Bernard L. Madoff Investment Securities LLC won't be able to recover money from the Ponzi schemer's estate, a federal appeals court ruled."

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

Update: In other coverage, Jonathan Stempel of Reuters reports that "Madoff indirect investors lose U.S. court appeal."
Posted at 01:42 PM by Howard Bashman



"Court to Lisa Madigan: No rehearing on concealed-carry guns ruling." The Chicago Tribune has this news update.

Bloomberg News reports that "Illinois Bid for Rehearing of Gun-Carry Appeal Rejected."

And The Associated Press reports that "Court won't reconsider Ill. concealed carry ruling."

My earlier coverage of today's Seventh Circuit order appears at this link.
Posted at 01:18 PM by Howard Bashman



"Andre Thomas: Services Scarce for Troubled Youths." Part three of Brandi Grissom's six-part series "Trouble in Mind" appears online at this link at The Texas Tribune. My earlier coverage of the series can be accessed here and here.
Posted at 12:18 PM by Howard Bashman


"VAWA Renewal Could Spell Change": Today's edition of The Harvard Crimson contains an article that begins, "To some, the 'preponderance of the evidence' standard is 'crucial to the fair and equal treatment of women.' To others, it is a 'fatally flawed' path to 'injustice' that erodes the rights of students. In recent months, an expired piece of legislation has placed a few words of legal jargon, tucked away in the disciplinary codes of colleges and universities all over the country, at the forefront of a polarizing national debate."
Posted at 12:14 PM by Howard Bashman


"Is Senator Ted Cruz our new McCarthy?" Jane Mayer has this blog post, containing an interesting discussion of Harvard Law School, online today at The New Yorker.

Update: Online at The New Republic, Alec MacGillis has an essay headlined "Washington Is Wrong About Cruz and Warren: The freshmen senators are exactly who they promised to be."
Posted at 12:00 PM by Howard Bashman



"D.C. Circuit Presentation: Deleted Scenes." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 11:52 AM by Howard Bashman


"The Other Crisis Facing the Federal Judiciary": At Bloomberg View, law professor Stephen L. Carter has an essay that begins, "Pope Benedict XVI's announcement that he will step down at the end of this month has prompted some commentators to wonder why we don't encourage U.S. federal judges to retire early, too. Actually, we do -- and too many are."
Posted at 11:40 AM by Howard Bashman


"Obama: Keep key Voting Rights Act provision." The Associated Press has this report.
Posted at 10:59 AM by Howard Bashman


By a vote of 5-to-4, Seventh Circuit denies rehearing en banc of divided three-judge panel ruling that invalidated under the Second Amendment an Illinois law forbidding most people from carrying a loaded gun in public: You can access today's order of the U.S. Court of Appeals for the Seventh Circuit denying rehearing en banc, and the dissent therefrom, at this link.

My earlier coverage of the original three-judge panel's ruling in the case, which survives undisturbed, can be accessed here.
Posted at 10:48 AM by Howard Bashman



In today's mail: Today I received a review copy of Jess Bravin's new book, "The Terror Courts: Rough Justice at Guantanamo Bay."

On Wednesday, Bravin appeared on American University Radio's "The Diane Rehm Show" to discuss the book. You can now access both the audio and the transcript of that interview.
Posted at 09:51 AM by Howard Bashman



"Aaron Swartz Prosecutors Weighed 'Guerilla' Manifesto, Justice Official Tells Congressional Committee": Ryan J. Reilly of The Huffington Post has this report.
Posted at 09:45 AM by Howard Bashman


"Split 5th Circuit Denies En Banc Review In Prisoner Kosher Food Case": Howard Friedman has this post today at his "Religion Clause" blog.

You can access Wednesday's order of the U.S. Court of Appeals for the Fifth Circuit, denying rehearing en banc by the vote of 8-to-7, and the dissent therefrom at this link.
Posted at 09:22 AM by Howard Bashman



Chief Justice of the Supreme Court of Tasmania reaches mandatory retirement age and will step down from that post: The Examiner of Launceston, Tasmania, Australia has an article headlined "Rule over for Chief Justice."
Posted at 08:05 AM by Howard Bashman


"Gwen's Take: Inside the Supreme Court with Sonia Sotomayor." Gwen Ifill of PBS NewsHour has this essay at that program's web site.
Posted at 07:53 AM by Howard Bashman


"Supreme Court could gut key protection for minority voters": Zachary Roth of msnbc has this report.

At TPM DC, Sahil Kapur has an article headlined "How The Voting Rights Act, Now In Danger, Came To Pass And Shaped History."

And online at The Atlantic, Andrew Cohen has an essay titled "The Supreme Court's Threat to the Voting Rights Act: A History; One of the most popular and successful federal laws in America survived decades of partisan congresses and administrations; Next week, the justices may finally dismantle it."
Posted at 07:50 AM by Howard Bashman



"Snyder still working on Hathaway replacement for Michigan Supreme Court": The Associated Press has this report.
Posted at 07:48 AM by Howard Bashman


"DNA Privacy Gets First U.S. Supreme Court Test in Rape Case": Greg Stohr of Bloomberg News has this report.
Posted at 07:44 AM by Howard Bashman


"Justice Orie Melvin, sister found guilty; Jury finds that pair used state workers to run campaigns": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette. The newspaper also reports that "Orie Melvin faces removal from state Supreme Court."

The Pittsburgh Tribune-Review reports today that "State Supreme Court Justice Joan Orie Melvin, sister Janine Orie found guilty on almost all counts." In addition, columnist Eric Heyl has an essay titled "Orie story has reality TV written all over it."

The Philadelphia Inquirer reports that "Convicted Justice Joan Orie Melvin could be ordered from office or impeached."

The Associated Press reports that "Pa. judge, her 2 sisters convicted of corruption."

And The Philadelphia Daily News contains an editorial titled "Time to put merit selection of judges on the fast track."
Posted at 07:42 AM by Howard Bashman



Thursday, February 21, 2013

"Court panel overturns dismissal of Charlottesville panhandling suit": The Daily Progress of Charlottesville, Virginia has a news update that begins, "Five homeless men who challenged a Charlottesville ordinance prohibiting panhandling along part of the Downtown Mall will have their day in court after all, a federal appeals panel ruled Thursday."

You can access today's ruling by a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:52 PM by Howard Bashman



"U.S. attorney: Criticism of Aaron Swartz prosecution is 'unfair'; Carmen Ortiz, who previously compared the late Internet activist to a common criminal, tells a Boston radio station that charges of overzealousness by her office are 'unfair.'" Declan McCullagh of c|net has this report.
Posted at 10:45 PM by Howard Bashman


"Georgia rushes to carry out executions before lethal drug supply expires; State's entire supply of pentobarbital runs out on March 1 with Georgia seeking permission from courts to block legal delays": The Guardian (UK) has this report.
Posted at 10:44 PM by Howard Bashman


"Prop. 8 Supreme Court: Gay Marriage Supporters Want Obama To Weigh In." Ryan J. Reilly of The Huffington Post has this report.
Posted at 10:38 PM by Howard Bashman


"Sandusky attorney Joe Amendola appealing to Superior Court for new trial": The Centre Daily Times of State College, Pennsylvania has this news update.
Posted at 10:32 PM by Howard Bashman


"Anticipating Patentable Subject Matter": Stanford Law Review Online has today posted an essay (available in PDF and HTML) written by law professor Dan L. Burk addressing the question "Are human genes patentable?"
Posted at 08:32 PM by Howard Bashman


"Pryor Cashman wins trademark suit over the movie '50/50'": Erin Geiger Smith of Reuters has this report on a ruling that Chief Judge Frank H. Easterbrook issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 06:08 PM by Howard Bashman


"The Lawfulness of Section 5 -- and Thus of Section 5": Law professor Akhil Reed Amar has this article (available in PDF and HTML) at Harvard Law Review's online Forum.
Posted at 05:52 PM by Howard Bashman


"Morning-After Pills Don't Cause Abortion, Studies Say": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 05:48 PM by Howard Bashman


"Two new camera-shy Supreme Court justices": Michael McGough has this essay online at The Los Angeles Times.
Posted at 05:42 PM by Howard Bashman


"Harvard Law Review Expands Affirmative Action Program to Include Gender": Orin Kerr has this post at "The Volokh Conspiracy."

And at "walshslaw," Kevin C. Walsh has a post titled "What is Harvard Law Review's new gender-based affirmative-action membership policy?"

My coverage from earlier today can be accessed here.
Posted at 04:35 PM by Howard Bashman



"Victim in SCOTUS generics case has powerful amici: Harkin and Waxman." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:20 PM by Howard Bashman


"U.S. oil, food groups petition Supreme Court over ethanol blend": Reuters has this report.
Posted at 03:08 PM by Howard Bashman


"Judge: No sleepover but lawyers can spend 12 hours in Guantanamo's secret prison." Carol Rosenberg of The Miami Herald has this report.

And Reuters reports that "Guantanamo lawyers can visit top-secret cells, judge says."
Posted at 03:07 PM by Howard Bashman



"After Scalia: Don't give up on campaign finance reform, however hopeless it seems now." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 03:00 PM by Howard Bashman


"Judge's Use of Electronic Social Networking Media": The American Bar Association issued Formal Opinion 462 today.
Posted at 02:11 PM by Howard Bashman


"All-out assault on Proposition 8": Lyle Denniston has this post at "SCOTUSblog."

And The Associated Press reports that "Gay couples ask high court for marriage equality."

Update: Howard Mintz of The San Jose Mercury News has a report headlined "Proposition 8 challenge: Same-sex marriage advocates urge U.S. Supreme Court to strike down California's gay marriage ban."
Posted at 01:44 PM by Howard Bashman



"Melvin guilty of six of seven counts": The Pittsburgh Tribune-Review has a news update that begins, "An Allegheny County jury on Thursday convicted suspended Supreme Court Justice Joan Orie Melvin on six counts for misusing state-paid employees to campaign for a seat on the high court in 2003 and 2009. Although the jury acquitted her of one count, Melvin, 56, will likely be stripped of her seat on the state's highest court, and will likely lose her pension."

And Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Jury finds Orie Melvin guilty on all but one count."

The Wikipedia entry for the last Pa. Supreme Court Justice convicted of a crime indicates that official removal from judicial office will not occur until sentencing. Moreover, removal from office may not take effect immediately if the conviction is appealed. According to Wikipedia, former Justice Rolf Larsen's impeachment conviction occurred nearly six months after the jury returned a guilty verdict in his case.

Update: In other coverage, The Associated Press reports that "Guilty on all but 1 count for Justice Melvin."
Posted at 01:26 PM by Howard Bashman



"Melvin jury says it has a verdict, is being brought back into the courtroom": The Pittsburgh Tribune-Review has this news update.

Update: Via Twitter, Mark Scolforo of The Associated Press reports that "Jury has verdict on all but 1 count in corruption trial of Pa. Justice Joan Orie Melvin."

Further update: The Pittsburgh Tribune-Review's trial reporter, via Twitter, is reporting that "Melvin guilty on all counts, jury hung on one. Orie guilty on all."
Posted at 01:11 PM by Howard Bashman



"Harvard Law Review Expands Affirmative Action": Today's edition of The Harvard Crimson contains an article that begins, "The Harvard Law Review, which has historically been staffed by disproportionately more men than women, has expanded its affirmative action policy to include gender as a criteria in its editor selection process."
Posted at 01:09 PM by Howard Bashman


"SCOTUS won't lift stay of execution for Ga. inmate": The Associated Press has this report.
Posted at 01:07 PM by Howard Bashman


"Judges learn it's human to have feelings on bench": Mark Sherman of The Associated Press has this report.
Posted at 01:04 PM by Howard Bashman


"Can They Patent Your Genes?" Professor Daniel J. Kevles has this article in the March 7, 2013 issue of The New York Review of Books.
Posted at 12:09 PM by Howard Bashman


Access online the merits Brief for Respondents filed today in the U.S. Supreme Court in the Proposition 8 same-sex marriage case: You can access the brief at this link.
Posted at 12:03 PM by Howard Bashman


"Jury deliberating Orie Melvin public corruption case 'close' to verdict": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

Although I am reluctant to speculate on a verdict based on a jury's question to the court, this morning's question from the jury, as described in the article linked above, would not seem to portend an acquittal on all charges for Pennsylvania Supreme Court Justice Joan Orie Melvin.

Update: In other coverage, The Pittsburgh Tribune-Review reports that "Melvin jury says it is close to a verdict."
Posted at 10:46 AM by Howard Bashman



"Andre Thomas: The Mentally Ill, From Asylums to Jails." Part two of Brandi Grissom's six-part series "Trouble in Mind" appears online at this link at The Texas Tribune. My earlier coverage of the series can be accessed here.
Posted at 10:44 AM by Howard Bashman


"The case for the Voting Rights Act isn't made with exaggerations": Columnist Linda P. Campbell has this op-ed today in The Fort Worth Star-Telegram.
Posted at 10:40 AM by Howard Bashman


"McCutcheon case could give Citizens United a run for its money in Supreme Court": T.W. Farnam has this article today in The Washington Post.
Posted at 10:37 AM by Howard Bashman


"Judge Pauline Newman '58 honored by NYU Law Women as Alumna of the Year": New York University School of Law has issued this news release, which provides access to video of the event.
Posted at 10:35 AM by Howard Bashman


"Top court unlikely to decide conditional sale issue in Monsanto case": Lawrence Hurley of Reuters has this news analysis.
Posted at 10:26 AM by Howard Bashman


"Why Clarence Thomas Uses Simple Words in His Opinions; The law ought to be accessible to the average person, he argued during a recent appearance at Harvard": Conor Friedersdorf has this essay online at The Atlantic.
Posted at 10:12 AM by Howard Bashman


"Constitution Check: Do states have the power to block new federal gun controls?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:49 AM by Howard Bashman


"Who Will Mind the Drones?" Neal K. Katyal has this op-ed today in The New York Times.
Posted at 08:45 AM by Howard Bashman


"Easton Area School District hopes judges in 'Boobies' case clarify educators' power to limit speech": In today's edition of The Morning Call of Allentown, Pennsylvania, Peter Hall has this article reporting on yesterday's reargument en banc in the U.S. Court of Appeals for the Third Circuit.

Yesterday afternoon, I had this post linking to additional news coverage and the audio of yesterday's oral argument.

Update: At the "School Law" blog of Education Week, Mark Walsh has a post titled "'Boobies' Wristbands in Schools Weighed by Full Appeals Court."
Posted at 08:42 AM by Howard Bashman



"When solitude is torture": Columnist George F. Will has this op-ed in The Washington Post.
Posted at 08:37 AM by Howard Bashman


"Supreme Court Limits Reach of 2010 Ruling on Deportation Warning": Adam Liptak has this article today in The New York Times.

And in today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court refuses to block legal immigrant's deportation; The justices won't apply a ruling retroactively to cases of immigrants like Roselva Chaidez who pleaded guilty to 'aggravated felonies' without being warned of the consequences."
Posted at 08:32 AM by Howard Bashman



"Justice Sotomayor Talks Life Before and on the Bench in 'My Beloved World'": This segment appeared on yesterday evening's broadcast of PBS NewsHour.

NewsHour has also posted a web-only excerpt from the interview headlined "Sotomayor: 'Every Day We Live Our Life, We Make a Choice.'"
Posted at 08:06 AM by Howard Bashman



Wednesday, February 20, 2013

Reuters reports on today's U.S. Supreme Court rulings: Lawrence Hurley reports that "Supreme Court says patent case could be heard in state court."

Jonathan Stempel reports that "Supreme Court bars defendant's retrial after judge errs."

Lawrence Hurley and Jonathan Stempel report that "Top court won't apply 2010 immigration ruling retroactively."

And Joseph Ax reports that "N.Y. cases in limbo after Supreme Court immigration ruling."
Posted at 11:16 PM by Howard Bashman



"Puerto Rico's Supreme Court narrowly upholds law that bars gay couples from adopting children": The Associated Press has this report.
Posted at 11:10 PM by Howard Bashman


"Supreme Court rejects one inmate's plea but leaves others a lifeline": Michael Doyle of McClatchy Newspapers has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Silence speaks a little louder."
Posted at 11:04 PM by Howard Bashman



"U.S. Supreme Court agrees to hear GOP donor from Alabama's lawsuit on campaign limits": Mary Orndorff Troyan has this article today in The Montgomery Advertiser.
Posted at 10:54 PM by Howard Bashman


"Justices Eye Limitations on Offering Information": 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 ponders Virginia's 'discriminatory' records act."

And Josh Gerstein of Politico.com reports that "Justices tussle over interstate FOIA rights."
Posted at 10:50 PM by Howard Bashman



"Supreme Court weighs UK-related foreign tax credit dispute": Reuters has this report.

And MarketWatch reports that "Supreme Court hears case on foreign-tax credits."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in PPL Corp. v. Commissioner, No. 12-43.
Posted at 10:26 PM by Howard Bashman



"Will 2nd Circuit limit on UBS liability in terror case have ripples?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:09 PM by Howard Bashman


"The More Things Change . . ." Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:42 PM by Howard Bashman


"Georgia Death Penalty Under Renewed Scrutiny After 11th-Hour Stay": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:02 PM by Howard Bashman


"Obama considers weighing in on gay marriage case": The Associated Press has this report.
Posted at 08:25 PM by Howard Bashman


"Orie Melvin jury to resume deliberations Thursday": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "The jury deliberating the case of suspended Pennsylvania Supreme Court Justice Joan Orie Melvin and her sister, Janine Orie, will return Thursday to begin its fourth day of discussions."
Posted at 04:48 PM by Howard Bashman


"Lessig on 'Aaron's Laws -- Law and Justice in a Digital Age'": Harvard Law School has posted this video online at YouTube. And the audio of the presentation together with the slides used during the presentation can be heard and viewed via this link.

And this afternoon's broadcast of "Radio Boston" on Boston's NPR News station WBUR-FM 90.9 contained an audio segment titled "Carmen Ortiz: A Case Of Prosecutorial Diligence Or Legal Overreach?"
Posted at 04:25 PM by Howard Bashman



Boobies now and boobies later in the U.S. Court of Appeals for the Third Circuit: The Express-Times of Easton, Pennsylvania has a news update headlined "'I Heart Boobies!' bracelets arguments heard by full appellate court."

Peter Hall of The Morning Call of Allentown, Pennsylvania has a news update headlined "Easton's 'boobies' case before federal appeals court."

And The Associated Press reports that "US appeals court hears Pa. girls' fight over 'boobies' bracelets at school."

When the audio of today's en banc reargument becomes available online, I will link to it. My most recent earlier coverage of this case appears in this post from last night. [Update: The audio of today's en banc reargument can be accessed via this link (30.5 MB Windows Media audio file).]

Meanwhile, two weeks from today, the Third Circuit will return to the same topic in a slightly different context, when a three-judge panel of the court is scheduled to hear oral argument in the case captioned Amber Arpaio v. Ashley Alexandra Dupre.

At Forbes,com, Kashmir Hill had a post titled "'Girls Gone Wild' Owes $3 Million To Amber Arpaio, The Woman Ashley Dupre Pretended to Be." The federal district court's ruling refusing to vacate default judgment can be accessed here.

Earlier coverage of the lawsuit's initiation is available from The Philadelphia Inquirer and The New York Daily News.
Posted at 04:16 PM by Howard Bashman



"Ortiz Under Fire: Critics Say Swartz Tragedy Is Evidence Of Troublesome Pattern." Boston's NPR News station WBUR-FM 90.9 had this report today. That link also provides free access to the text of an article headlined "Ortiz under fire -- Critics: Swartz tragedy evidence of troublesome pattern at USAO" that recently appeared in Massachusetts Lawyers Weekly. A related report that WBUR posted online today is headlined "U.S. Attorney's Office Takes Heat From Judges."

Online at Nieman Journalism Lab, Ann Marie Lipinski has an essay titled "Eugene Patterson and Aaron Swartz: Ghosts speaking across the page."

In the current issue of Seattle Weekly, Chris Ruen has an article headlined "The Misplaced Zeal of Aaron Swartz: The late activist's efforts helped put power and public sympathy into the hands of corporations at the expense of artists, musicians, and the people."

And rt.com reports that "Anonymous hacked US State Dept, investment firm in homage to Aaron Swartz, Lulzsec."

Lastly, yesterday evening law professor Lawrence Lessig delivered a lecture titled "Aaron's Laws: Law and Justice in a Digital Age." When the video of that lecture becomes available online for on-demand viewing, I will link to it.
Posted at 04:00 PM by Howard Bashman



The contents of the February 2013 issue of the Harvard Law Review are now available online: You can access the contents via this link.
Posted at 03:05 PM by Howard Bashman


"Uighur sent to Palau not missing after all": Carol Rosenberg of The Miami Herald has this report.
Posted at 02:54 PM by Howard Bashman


"Justices question Va. limits on access to public records; Two men claim Virginia's law limiting access to public records discriminates against out-of-state residents": Brad Heath of USA Today has this news update.

And Jesse J. Holland of The Associated Press reports that "Court conflicted on allowing outside use of FOIA."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in McBurney v. Young, No. 12-17.

Update: In other coverage, at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Agnosticism as an argument."
Posted at 02:20 PM by Howard Bashman



"This appeal requires us to decide whether the attorney work product privilege protects from pretrial discovery work product exchanged between Justice Department lawyers who are assigned to provide legal assistance to federal agencies that have conflicting interests." Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:48 PM by Howard Bashman


"Jury has question in third day of deliberations in trial of Pa. Justice Joan Orie Melvin": The Associated Press has this report.
Posted at 01:40 PM by Howard Bashman


U.S. Court of Appeals for the Federal Circuit refuses to show Jerry McGuire the money: A three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this decision today.
Posted at 11:08 AM by Howard Bashman


"Trouble in Mind: Andre Thomas is deeply mentally ill; He is also a vicious murderer; How should he be punished?" Brandi Grissom will have this article in the March 2013 issue of Texas Monthly magazine.

And online at The Texas Tribune, she has a related article headlined "Andre Thomas: Mental Health, Criminal Justice Collide."
Posted at 10:39 AM by Howard Bashman



"Voting Rights Act In The Supreme Court's Crosshairs": Sahil Kapur has this report at TPM DC.
Posted at 10:34 AM by Howard Bashman


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

1 Justice Elena Kagan delivered the opinion of the Court in Chaidez v. United States, No. 11-820. Justice Clarence Thomas issued an opinion concurring in the judgment. Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

2. Justice Sotomayor delivered the opinion of the Court in Evans v. Michigan, No. 11-1327. Justice Samuel A. Alito, Jr. issued a dissenting opinion. You can access the oral argument via this link.

3. Justice Alito delivered the opinion of the Court in Johnson v. Williams, No. 11-465. Justice Antonin Scalia issued an opinion concurring in the judgment. You can access the oral argument via this link.

4. Justice Stephen G. Breyer delivered the opinion of the Court in Henderson v. United States, No. 11-9307. Justice Scalia issued a dissenting opinion, in which Justices Thomas and Alito joined. You can access the oral argument via this link.

5. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Gunn v. Minton, No. 11-1118. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court narrows scope of previous immigration ruling" and "Court bars retrial of Michigan arson suspect."
Posted at 10:05 AM by Howard Bashman



"Sunstein Named University Professor": This article appears today in The Harvard Crimson.
Posted at 09:58 AM by Howard Bashman


"Supreme Court rules in favor of drug-sniffing dog; Court reverses earlier decision that had required documentation of dog's 'hits and misses'": Richard Wolf has this article today in USA Today.

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "High Court Rules On Detaining Suspects, Sniffer Dogs."
Posted at 09:06 AM by Howard Bashman



"Wiccan inmates can sue to gain chaplain": In today's edition of The San Francisco Chronicle, Bob Egelko has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

Update: In other coverage, Maura Dolan of The Los Angeles Times has an article headlined "Appeals court revives women inmates' bid for Wiccan chaplain; Female prisoners at the Central California Women's Facility say Wiccans outnumber Jews, Muslims and Catholics; A district court rejected their suit."

And The Associated Press reports that "California may have to hire Wiccan chaplain."
Posted at 09:00 AM by Howard Bashman



"Toys 'R' Us $35 Million Antitrust Accord Overturned": Sophia Pearson of Bloomberg News has this report.

My earlier coverage of yesterday's Third Circuit ruling appears here and here.
Posted at 08:50 AM by Howard Bashman



"U.S. Supreme Court sides with optometrists": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:45 AM by Howard Bashman


"The Supreme Court Takes on A Case Regarding 'Arising Under' Jurisdiction: A Prediction as to How the Court Will Resolve Gunn v. Minton." Rodger Citron has this essay online today at Justia's Verdict.
Posted at 08:42 AM by Howard Bashman


"The Minnesota Supreme Court Rules for the Defendant in a Suit Alleging Online Defamation": Julie Hilden has this essay online today at Justia's Verdict.
Posted at 08:40 AM by Howard Bashman


"Politicizing Justice: Attorney General Eric Holder's agenda begins and ends with delivering favors to Obama's constituencies." Charlotte Allen has this cover story in the February 25, 2013 issue of The Weekly Standard magazine.

The issue also contains G. Edward White's review, headlined "On the Other Hand . . . The judicial temperament, in private," of the book "Reason and Imagination: The Selected Correspondence of Learned Hand."
Posted at 08:32 AM by Howard Bashman



"Unanimous juries for criminal convictions? Supreme Court declines case; The Supreme Court declines to take up a case challenging the right of states to permit non-unanimous verdicts; Critics say verdicts reached by divided juries violate the Sixth Amendment." Warren Richey of The Christian Science Monitor has this report.
Posted at 08:22 AM by Howard Bashman


In Bashman newz from New Zealand: The Dominion Post of Wellington, New Zealand reports that "Trio rob, bash man in central city."
Posted at 08:20 AM by Howard Bashman


Tuesday, February 19, 2013

"Easton Area gets second hearing in 'boobies' bracelet case; 3rd Circuit judges on Wednesday will hear about Easton district's ban on breast cancer bracelets": In Wednesday's edition of The Morning Call of Allentown, Pennsylvania, Peter Hall will have an article that begins, "More than a year-and-a-half after a judge nixed a ban on Easton Area School District students' wearing 'I [heart] Boobies!' breast cancer awareness bracelets, a federal appeals court on Wednesday will take a second look at the district's appeal."

Fourteen judges serving on the U.S. Court of Appeals for the Third Circuit are scheduled to hear reargument en banc in the case tomorrow at 10 a.m. eastern time. I will link to the audio of the oral argument when it becomes available online.

My earlier coverage of the Third Circuit's order granting rehearing en banc, which issued before the original three-judge panel had announced any decision on this appeal, can be accessed here and here.
Posted at 11:09 PM by Howard Bashman



"Supreme Court Gives F.T.C. a Win on Hospital Mergers": Wednesday's edition of The New York Times will contain this article.

And The Albany (Ga.) Herald reports that "Supreme Court rules in favor of FTC in Palmyra acquisition."
Posted at 10:54 PM by Howard Bashman



"A Company That Runs Prisons Will Have Its Name on a Stadium": This article will appear Wednesday in The New York Times.

Additional information appears in a news release headlined "The GEO Group Names Football Stadium" from Florida Atlantic University.
Posted at 10:48 PM by Howard Bashman



"Roggensack, Fallone advance out of Supreme Court primary": Patrick Marley of The Milwaukee Journal Sentinel has this news update.
Posted at 10:33 PM by Howard Bashman


"Brand-name drug makers ask Alabama Supreme Court to reconsider ruling that generic drug consumers can sue them": The Birmingham News has this report.
Posted at 10:20 PM by Howard Bashman


"Supreme Court to consider limits on individual political contributions": Robert Barnes will have this article Wednesday in The Washington Post.

Politico.com reports that "Supreme Court will hear appeal of campaign donation limits."

The Hill reports that "High court to look at unlimited campaign contributions."

And Wednesday's edition of The New York Times will contain an editorial titled "Campaign Donations and Political Corruption."
Posted at 10:12 PM by Howard Bashman



"Supreme Court Appears to Defend Patent on Soybean": Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Court weighs 'progeny' patent protections."

In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Justices skeptical of farmer who planted patented Monsanto seeds; Supreme Court justices suggest they would agree with Monsanto that its patent protection covers not just the first planting but also seeds generated later."

In Wednesday's edition of USA Today, Richard Wolf will have an article headlined "Supreme Court seems on Monsanto's side over seed patent; The patent case pits the future of biotechnology innovation against high farm prices; For now, it looks like innovation is winning."

The St. Louis Post-Dispatch reports that "Supreme Court hears arguments over Monsanto soybean patents."

The Indianapolis Star reports that "High court seems to favor Monsanto over Indiana farmer."

Jack Kaskey and Susan Decker of Bloomberg News report that "Top Court Justices Signal Support for Monsanto on Patents."

And at Ars Technica, Joe Mullin reports that "Farmer's Supreme Court fight to limit Monsanto seed patents looks bleak; Can patents on crops and seeds live on through the generations? Seems likely."
Posted at 09:22 PM by Howard Bashman



"Aaron Swartz files reveal how FBI tracked internet activist; Firedoglake blogger Daniel Wright publishes once-classified FBI documents that show extent of agency's investigation into Swartz": The Guardian (UK) has this report on a blog entry that Daniel S. Wright posted today at "Firedoglake." You can access the FBI file directly at this link.
Posted at 09:00 PM by Howard Bashman


"Microsoft sides with Oracle against Google in Java appeal": Dan Levine of Reuters has this report.
Posted at 08:52 PM by Howard Bashman


"Court rebuffs antitrust settlement with baby product companies": Andrew Longstreth of Reuters has this report.

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 08:50 PM by Howard Bashman



"Hill granted stays of execution": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Condemned killer Warren Hill has been granted stays of execution by the federal appeals court in Atlanta and the Georgia Court of Appeals, his lawyer said Tuesday."

The Associated Press reports that "Georgia execution halted at the last minute."

And online at The Atlantic, Andrew Cohen has an essay entitled "Warren Lee Hill, and His Cause, Live to Fight Another Day; 30 minutes before the moment of his lethal injection, two courts stay the execution of a mentally retarded prisoner so that they can evaluate his case."
Posted at 08:44 PM by Howard Bashman



"The Lesser Evil -- What the Obama administration isn't telling you about drones: The standard rule is capture, not kill." Law professor Ryan Goodman has this jurisprudence essay online at Slate.
Posted at 08:32 PM by Howard Bashman


"Sunstein appointed as Harvard University Professor": Harvard Law School issued this news release today.
Posted at 08:27 PM by Howard Bashman


"Jury deliberating case of Orie Melvin breaks for the day": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "The jury deliberating the case of suspended state Supreme Court Justice Joan Orie Melvin and her sister, Janine Orie, broke for the day about 4 p.m."

The Pittsburgh Tribune-Review has a news update headlined "Melvin jury will continue deliberations on Wednesday."

And The Associated Press reports that "Jury ends second day of deliberations for Melvin."
Posted at 08:22 PM by Howard Bashman



"U.S. justices hostile to farmer's argument against Monsanto": Lawrence Hurley of Reuters has this report.

And Ariane de Vogue of ABC News reports that "Indiana Farmer Takes on Seed Behemoth Monsanto; Justices Skeptical of Farmer's Claim."
Posted at 06:14 PM by Howard Bashman



"Antitrust Suits Backed by High Court in FTC Hospital Case": Greg Stohr of Bloomberg News has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: A warning about competition."
Posted at 06:12 PM by Howard Bashman



"Voting Rights Act: Do we still need it?" Richard Wolf will have this article Wednesday in USA Today.
Posted at 06:02 PM by Howard Bashman


"Supreme Court to Hear Campaign Finance Case": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 06:00 PM by Howard Bashman


"Ronald Dworkin's Error: The distinguished legal scholar, who died last week, gave judges too much license to draw on their own sense of morality." Law professor Eric Posner has this essay online at Slate.
Posted at 04:37 PM by Howard Bashman


"A Bona Fide American Tragedy In 'The Terror Courts'": NPR Books today has this review of Jess Bravin's new book, "The Terror Courts: Rough Justice at Guantanamo Bay."

Tomorrow morning at 11 a.m. eastern time, Bravin is scheduled to appear on the second hour of American University Radio's "The Diane Rehm Show" to promote his book.

You can read an excerpt of the book at this link.
Posted at 04:33 PM by Howard Bashman



"Court Rejects $14 Million Fee For Lawyers, $3 Million For Their Clients": Daniel Fisher has this blog post at Forbes.com about a ruling that the U.S. Court of Appeals for the Third Circuit issued today.

And at PointofLaw.com, Ted Frank -- who argued the appeal on behalf of the objectors to the class action settlement -- has a post titled "Third Circuit victory for CCAF in Baby Products settlement."
Posted at 04:12 PM by Howard Bashman



"Supreme Court sides with drug-sniffing dog": Robert Barnes of The Washington Post has this news update.

Michael Doyle of McClatchy Newspapers has an article headlined "Every drug dog has his day -- in court; even Supreme Court."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court: Dog's Sniff Is 'Up to Snuff.'" You can freely access the full text of the article via Google News.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court rules that dog's sniff was up to snuff in roadside search; Supreme Court rules that a signal from a properly trained drug-detecting dog is enough to establish probable cause for a warrantless search of a vehicle during a roadside stop."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Trust the police dog."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Supreme Court Decides Florida v. Harris: No Bright Line Rules for Probable Cause, But Perhaps A Presumption or Two."
Posted at 03:15 PM by Howard Bashman



"Georgia court denies Hill stay of execution": The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court has voted 5-2 to deny Warren Hill a stay of execution."
Posted at 03:04 PM by Howard Bashman


"U.S. Supreme Court clears way for former Redstone Arsenal soldier to pursue custody of daughter in Scotland": Brian Lawson of The Huntsville Times has this report.
Posted at 03:02 PM by Howard Bashman


"Columbia Law Professors Weigh in on Noel Canning": This post about the D.C. Circuit's recent recess appointment decision appeared yesterday at the "CLS Blue Sky Blog."
Posted at 02:58 PM by Howard Bashman


"FOIA case with Henrico roots heads to Supreme Court; In 2008, two agencies denied non-Virginians' requests for records": This article appeared yesterday in The Richmond Times-Dispatch.
Posted at 02:30 PM by Howard Bashman


"Supreme Court hears arguments over soybean patents": Mark Sherman of The Associated Press has this report.

Update: In other coverage, Jeremy P. Jacobs of Greenwire reports that "Justices seem skeptical about soybean farmer's challenge of biotech patents."

And David G. Savage of The Los Angeles Times has a news update headlined "Justices skeptical of farmer who planted patented seeds."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Bowman v. Monsanto Co., No. 11-796.
Posted at 01:37 PM by Howard Bashman



"Campaign donation issue reopened": Lyle Denniston has this post at "SCOTUSblog."

And Paul Blumenthal of The Huffington Post reports that "Supreme Court Takes Campaign Finance Case, Will Rule On Contribution Limits."
Posted at 01:33 PM by Howard Bashman



"Supreme Court to hear case of PPL and Lady Thatcher's legacy": Reuters has this report.
Posted at 11:37 AM by Howard Bashman


"Today at noon: Akhil Amar on the future of American rights -- live and on the web." Yale News has an event preview that begins, "In the months ahead the U.S. Supreme Court will consider disputes about same-sex marriage, voting rights, DNA testing, self-incrimination, and other urgent questions of Americans' rights."

The event, featuring law professor Akhil Reed Amar, can be viewed live online beginning at noon eastern time via YouTube at this link.
Posted at 11:30 AM by Howard Bashman



"Supreme Court Advocacy Clinic Files Petition with High Court Over 'Norfolk Four' Case": Yale Law School issued this news release today.
Posted at 11:25 AM by Howard Bashman


"The Recess Appointments Clause (Part 1)": Neal Goldfarb has this post today at his blog, "LAWnLinguistics." His verdict: "the Recess Appointments Clause is a lot less clear than the D.C. Circuit makes it out to be, and the court's reasoning isn't very good."
Posted at 10:36 AM by Howard Bashman


"Voting Rights Act faces key test in Supreme Court; The Supreme Court will decide whether to strike a key part of the Voting Rights Act, which conservatives say is outdated and unfair to the South": David G. Savage of The Los Angeles Times has this report.
Posted at 10:28 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Florida v. Harris, No. 11-817. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in FTC v. Phoebe Putney Health System, Inc., No. 11-1160. You can access the oral argument via this link.

3. Justice Anthony M. Kennedy delivered the opinion of the Court in Bailey v. United States, No. 11-770. Justice Antonin Scalia issued a concurring opinion, in which Justices Ruth Bader Ginsburg and Kagan joined. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

4. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Chafin v. Chafin, No. 11-1347. Justice Ginsburg issued a concurring opinion, in which Justices Scalia and Breyer joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court says police don't have to prove dog training"; "High court limits detention powers in searches"; "High court rules against Georgia hospital merger"; and "Court: US custody case not moot with child abroad."

From Reuters, Jonathan Stempel reports that "Supreme Court upholds police 'dog sniff' of truck." Lawrence Hurley and Jonathan Stempel report that "Top court rules for Army father in custody battle." And David Ingram reports that "Top court rules antitrust laws apply to hospital authority."

And Greg Stohr of Bloomberg News reports that "Police Dog Alert Justifies Search of Car, High Court Says."
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 granted certiorari in one case and noted probable jurisdiction in a direct appeal. In addition, the Court requested the views of the Solicitor General in one case.

In early news coverage, The Associated Press reports that "Court will hear campaign donation limits appeal" and "High court rejects rapper C-Murder's appeal."

Lawrence Hurley of Reuters reports that "Supreme Court to hear workers' claims vs U.S. Steel" and "High court to consider campaign contribution limits." In addition, Jonathan Stempel of Reuters reports that "Supreme Court won't hear ex-Illinois Gov. George Ryan's appeal."

Greg Stohr of Bloomberg News reports that "Court Rejects LensCrafters on California Eye-Exam Rules." And Greg Stohr and Jonathan D. Salant report that "Supreme Court to Review Aggregate Campaign Donation Limit."
Posted at 09:47 AM by Howard Bashman



"Muskegon County juvenile lifer Amy Black seeks overturn of no-parole sentence": The Muskegon Chronicle has this report.
Posted at 08:37 AM by Howard Bashman


"British soldiers protected under human rights law, supreme court told; Families challenging ruling that soldiers conducting operations outside their base are not covered by convention": The Guardian (UK) has an article that begins, "British soldiers have the right, enshrined in European human rights law, to expect the government to take all reasonable steps to prevent them getting killed, the supreme court heard on Monday, in a case with profound implications for military commanders and their conduct of future operations."
Posted at 08:34 AM by Howard Bashman


"Decades after early battles, attorney tracks new challenge to voting act": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 08:33 AM by Howard Bashman


"Famed attorney talks LGBT rights": The Daily Athenaeum, the student newspaper of West Virginia University, has an article that begins, "Yesterday evening at the West Virginia University College of Law, famed Supreme Court Attorney Paul M. Smith spoke about his experiences with LGBT law in the United States."
Posted at 08:27 AM by Howard Bashman


"Cameras in Courtrooms": Mike Dorf has this post today at his blog, "Dorf on Law."
Posted at 08:14 AM by Howard Bashman


"Prisoner's Handwritten Petition Prompts Justices To Weigh Government Immunity": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:12 AM by Howard Bashman


"Judicial merit selection is the wrong choice for Pennsylvania": Dan Pero has this op-ed today in The Patriot-News of Harrisburg, Pennsylvania.

And today in The Badger Herald, a student newspaper of the University of Wisconsin-Madison, Aaron Loudenslager has an op-ed titled "Elections undermine judicial system."
Posted at 08:09 AM by Howard Bashman



Monday, February 18, 2013

"Execution of 'mentally retarded' Warren Hill still set for Tuesday": The Atlanta Journal-Constitution has this news update.
Posted at 11:23 PM by Howard Bashman


"Proposition 8 case: Judge who struck down California's gay marriage ban speaks out." Howard Mintz will have this article Tuesday in The San Jose Mercury News.
Posted at 11:22 PM by Howard Bashman


"Roberts to mark 10th anniversary of Jackson Center": The Buffalo News has a report that begins, "Chief Justice John G. Roberts Jr., a Buffalo native, will travel to Jamestown in May to speak at the Robert H. Jackson Center, which honors another Supreme Court justice with Western New York roots."
Posted at 11:20 PM by Howard Bashman


"Argument preview: Stakes are high in dispute over rights to genetically modified seeds." Law professor Ronald Mann has this post at "SCOTUSblog."

And in Tuesday's edition of The Los Angeles Times, George Kimbrell and Debbie Barker will have an op-ed titled "Monsanto, the court and the seeds of dissent: Should Monsanto, or any corporation, have rights to a self-replicating natural product?"
Posted at 11:17 PM by Howard Bashman



"Ronald Dworkin: A Tribute from the Other Side of the Political Spectrum." Law professor Richard Epstein has this post at Ricochet.
Posted at 09:40 PM by Howard Bashman


One man's story of do-it-yourself U.S. Supreme Court brief printing: Aaron Greenspan has this blog post (via "Above the Law").
Posted at 05:49 PM by Howard Bashman


"No, Aaron Swartz Was Not Charged With Violating JSTOR's Terms of Service": Orin Kerr has this post today at "The Volokh Conspiracy."

And as noted in this news release posted by Harvard Law School, tomorrow at 5 p.m. eastern time "Lawrence Lessig will mark his appointment as Roy L. Furman Professor of Law and Leadership at Harvard Law School with a lecture honoring the memory and work of Aaron Swartz, the programmer and activist who took his own life on Jan. 11, 2013 at the age of 26." When the lecture gets underway tomorrow, a live webcast will be available online via this link.
Posted at 03:35 PM by Howard Bashman



"New D.C. Circuit Chief Judge Dreading the Sequester": Michelle Olsen has this guest post today at "Above the Law."
Posted at 02:40 PM by Howard Bashman


"As More Courts Allow Video, Justices Dig In Heels": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:58 PM by Howard Bashman


"Aaron Swartz May Have Violated JSTOR's Terms of Service. Should That Be a Crime?" Justin Peters has this blog post online at Slate.
Posted at 12:20 PM by Howard Bashman


"After 15 years in solitary, convicted terrorist pleads for contact with others; Ramzi Yousef, convicted in the 1993 bombing of the World Trade Center, asks a judge to move him into a more open prison environment; Some agree his treatment is unconstitutional": Richard A. Serrano had this article yesterday in The Los Angeles Times.
Posted at 12:07 PM by Howard Bashman


"Hints Of Progress After Investigation At Guantanamo Court": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:03 PM by Howard Bashman


"Remembering Ronald Dworkin": Law professor Charles Fried has this essay online today at The New Republic.
Posted at 11:02 AM by Howard Bashman


"High-stakes fight over soybeans at high court": Mark Sherman of The Associated Press has this report.
Posted at 10:25 AM by Howard Bashman


"Ronald Dworkin: A Eulogy." Law professor Jim Fleming had this blog post yesterday at "Balkinization."
Posted at 10:22 AM by Howard Bashman


"Inside The Supreme Court: A look inside the Supreme Court, a storied and influential institution." Today's broadcast of "The Kojo Nnamdi Show" from American University Radio will feature Adam Liptak and Joan Biskupic as guests. You can listen live beginning at 12:06 p.m. eastern time today by clicking here to launch the live audio feed.
Posted at 10:20 AM by Howard Bashman


"How Westboro Baptist Church Accidentally Raised $75,000 for LGBT Youth: The hate-spewing church works against itself by inciting college students." Camille Beredjick has this article online at In These Times.
Posted at 10:14 AM by Howard Bashman


"Farmer's Fight With Monsanto Reaches The Supreme Court": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

And at Time magazine's web site, Adam Cohen has an essay titled "Is It A Crime to Plant A Seed?"
Posted at 08:45 AM by Howard Bashman



"Hawaii should walk away from Steven Tyler Act": Online at USA Today, Josh Blackman and Ilya Shapiro have an essay that begins, "In a brazen giveaway to celebrities who like to like to vacation on its pristine beaches, Hawaii is about to bid a sorry aloha to the First Amendment."
Posted at 08:40 AM by Howard Bashman


"A Critical Look at the 'Critical Mass' Argument": Online at The Chronicle of Higher Education, law professor Dawinder S. Sidhu has an essay that begins, "The Supreme Court's pending ruling in Fisher v. University of Texas at Austin is expected to largely decide how or even whether affirmative action can be used in college admissions."
Posted at 08:33 AM by Howard Bashman


"Assault, Battery and Government Liability": This editorial appears today in The New York Times.
Posted at 08:22 AM by Howard Bashman


"Argument preview: How open are public records?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:00 AM by Howard Bashman


Sunday, February 17, 2013

"Voting Rights Act Is Challenged as Cure the South Has Outgrown": Adam Liptak will have this article Monday in The New York Times.
Posted at 10:09 PM by Howard Bashman


"Guantanamo trials plunged into deeper discord as confidence in court wanes; Revelations in pre-trial hearings further undermine US military court as defence lawyers paint legal proceedings as illegitimate": The Guardian (UK) has this report.
Posted at 08:32 PM by Howard Bashman


"Maker's Mark backtracks on plan to water down its bourbon": The Louisville Courier-Journal has this news update.
Posted at 08:24 PM by Howard Bashman


"The question of Clarence Thomas": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 08:02 PM by Howard Bashman


"Monsanto's Supreme Court Seed Fight: What Would Woody Guthrie Think?" Andrew Cohen has this essay online at The Atlantic.
Posted at 03:57 PM by Howard Bashman


In Bashman news from Australia: The Advertiser of Adelaide, South Australia reports that "Three men attack, bash man with metal pole at West Croydon."

Lest this blog's ongoing coverage of Bashman-related news from Australia threaten to dissuade anyone from visiting Australia, a longtime reader of this blog recently emailed that he "spent 2 weeks there in December and saw no bashing at all." As for New Zealand, however, no similar firsthand reports of prevailing safety and security have yet arrived.
Posted at 03:55 PM by Howard Bashman



"Marijuana industry awaiting high court ruling on its future; California Supreme Court to decide whether local governments can ban shops from opening in their areas": This article appears today in The Desert Sun of Palm Springs, California.
Posted at 02:11 PM by Howard Bashman


"Supreme Court Chief Justice coming to county": The Observer of Dunkirk, New York has this report.

And in related coverage, The Times Observer of Warren, Pennsylvania recently published an article headlined "Bringing REALLY Bad People To Justice; How a county native led the way" that begins, "Wednesday would have been former U.S. Supreme Court Justice and Warren County native Robert H. Jackson's 121st birthday."
Posted at 02:00 PM by Howard Bashman



"Monsanto Takes on 76-Year-Old Farmer Over Seed Patents": Bloomberg News has this report.
Posted at 01:58 PM by Howard Bashman


"2-star: SEAL shooter knew he'd lose benefits." Navy Times has a report that begins, "The 'man who killed Osama bin Laden,' featured in the March issue of Esquire, knew full-well he was leaving the service short of a retirement and without benefits, the commander of Naval Special Warfare Command has said."
Posted at 01:52 PM by Howard Bashman


"Wait continues for cleared Guantanamo detainees": Michael E. Mone Jr. has this op-ed today in The Boston Globe.
Posted at 01:49 PM by Howard Bashman


"Cuomo Bucks Tide With Bill to Ease Limits on Abortion": Today's edition of The New York Times contains a front page article that begins, "Bucking a trend in which states have been seeking to restrict abortion, Gov. Andrew M. Cuomo is putting the finishing touches on legislation that would guarantee women in New York the right to late-term abortions when their health is in danger or the fetus is not viable."
Posted at 01:44 PM by Howard Bashman


"Raising Adam Lanza: Who Was Adam Lanza, And What Was The Nature Of His Relationship With His Mother?" Alaine Griffin and Josh Kovner have this length article in today's edition of The Hartford Courant. The PBS program "Frontline" will have a related broadcast on Tuesday.
Posted at 01:30 PM by Howard Bashman


"Wider legal rights at stake in U.S. gay marriage cases": Lawrence Hurley of Reuters has this news analysis.
Posted at 01:14 PM by Howard Bashman


"Judges prefer to keep grades in classroom; Before Lehigh University case, other students failed in suing over marks they considered unfair": Peter Hall and Matt Assad have this article today in The Morning Call of Allentown, Pennsylvania.
Posted at 01:02 PM by Howard Bashman


"Under the U.S. Supreme Court: Drones over America." Michael Kirkland of UPI has this report.
Posted at 10:09 AM by Howard Bashman


Saturday, February 16, 2013

"Supreme Court fracas in 2011 figures in race": Patrick Marley will have this article in Sunday's edition of The Milwaukee Journal Sentinel.
Posted at 09:40 PM by Howard Bashman


"Obama's Guantanamo Is Never Going To Close, So Everyone Might As Well Get Comfortable": Ryan J. Reilly of The Huffington Post has this report.
Posted at 05:38 PM by Howard Bashman


"Sentenced to life at 16, woman hopes for freedom": The Associated Press has this lengthy report.
Posted at 04:52 PM by Howard Bashman


"Orie Melvin jury to reconvene Tuesday": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "Deliberations will resume Tuesday in the criminal trial of suspended state Supreme Court Justice Joan Orie Melvin and her sister, Janine Orie."

And coverage from The Pittsburgh Tribune-Review can be accessed here.
Posted at 01:44 PM by Howard Bashman



"Florida Supreme Court snubs Palm Beach County judge-lawyer Facebook case": The Palm Beach Post has this report.
Posted at 01:40 PM by Howard Bashman


"Courting Disaster: A new idea to limit drone strikes could actually legitimize them." Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 01:38 PM by Howard Bashman


"Appellate Lawyer Sanford Svetcov, 1940-2013": This obituary, written by Scott Graham, appears online at The Recorder.
Posted at 01:30 PM by Howard Bashman


"The Most Important Legal Philosopher of Our Time": Online at Bloomberg View, law professor Cass R. Sunstein has an essay that begins, "Ronald Dworkin, a professor at New York University and the University of Oxford who died this week, was one of the most important legal philosophers of the last 100 years. He may well head the list."
Posted at 01:18 PM by Howard Bashman


"Tubbs issues statement saying security plan given to Supreme Court": Patrick Marley of The Milwaukee Journal Sentinel has a blog post that begins, "Former Capitol Police Chief Charles Tubbs issued a statement Friday backing Supreme Court Justice Ann Walsh Bradley's claim that a security plan was put in place because of safety concerns."
Posted at 01:12 PM by Howard Bashman


"Man Accused of Robbing US Supreme Court Judge Claims He's Innocent; Magistrate says it's time to bring the matter before the court": The St. Kitts-Nevis Observer has an article that begins, "'I have been wrongfully accused of a crime and I want my life back,' says the young Nevisian charged with robbing Associate Justice of the US Supreme Court Stephen Breyer."
Posted at 01:07 PM by Howard Bashman


"Who Owns Seeds? Monsanto Says Not You." CNBC.com has this report.
Posted at 12:58 PM by Howard Bashman


"Think Hagel's bad? Just wait until there's a Supreme Court opening; The Hagel battle is actually a dry run for the next justice fight -- and it's clear that the GOP will filibuster." Jonathan Bernstein has this essay at Salon.com.
Posted at 12:55 PM by Howard Bashman


Friday, February 15, 2013

"Texas Senator Goes on Attack and Raises Bipartisan Hackles": Saturday's edition of The New York Times will contain this article about U.S. Senator Ted Cruz (R-TX).

And in Sunday's edition of that newspaper, columnist Frank Bruni will have an op-ed titled "The G.O.P.'s Nasty Newcomer."
Posted at 10:26 PM by Howard Bashman



"Farmer's Supreme Court Challenge Puts Monsanto Patents at Risk": This article will appear Saturday in The New York Times.
Posted at 09:54 PM by Howard Bashman


"Jury in Orie Melvin case goes home; to resume Tuesday": The Pittsburgh Post-Gazette has this news update.

Update: In other coverage, The Pittsburgh Tribune-Review reports that "Melvin jury finishes deliberations for the day, will resume on Tuesday."
Posted at 05:48 PM by Howard Bashman



"SCOTUSblog on camera -- Linda Greenhouse interview, Part Five": Today, "SCOTUSblog" has posted at this link part five of its interview with former New York Times U.S. Supreme Court correspondent Linda Greenhouse.
Posted at 05:46 PM by Howard Bashman


"Robert E. Bacharach to Get Full Senate Vote": Chris Casteel of The Oklahoman has a blog post today that begins, "Senate leaders have agreed to a vote on Feb. 25 on the nomination of Robert E. Bacharach for the 10th U.S. Circuit Court of Appeals."

And The Newark (N.J.) Star-Ledger reports that "Senate Judiciary approves nomination of Judge Patty Shwartz to high-ranking federal appeals court."
Posted at 05:26 PM by Howard Bashman



"Charter flight from Guantanamo makes emergency landing in Miami": Carol Rosenberg of The Miami Herald has this report.
Posted at 05:03 PM by Howard Bashman


"Ninth Circuit Chief Judge Remarks Upon Passing of Renowned Lawyer": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit today issued this news release regarding the death from pancreatic cancer earlier today of attorney Sanford "Sandy" Svetcov.
Posted at 04:08 PM by Howard Bashman


"How an Ind. farmer's 'cheap' soybean seeds grew into showdown with agribusiness giant": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 03:24 PM by Howard Bashman


"DNA Collection After Arrest: A Few Thoughts on Maryland v. King." Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 03:14 PM by Howard Bashman


"Copyright suit dismissed against Lexis, Westlaw": Reuters has a report that begins, "A federal judge in Manhattan has thrown out a copyright lawsuit brought by an attorney who sued legal research companies Westlaw and LexisNexis, claiming they had unlawfully profited from his copyrighted legal filings."

Update: You can access Monday's ruling of the U.S. District Court for the Southern District of New York at this link. The ruling states that an opinion explaining the reasons for the court's ruling will follow in due course.
Posted at 03:11 PM by Howard Bashman



"DOJ To Brief Congress On Aaron Swartz Prosecution": Ryan J. Reilly of The Huffington Post has a report that begins, "Justice Department officials will give a congressional briefing Friday afternoon on DOJ's handling of the case against Aaron Swartz, the Internet activist who was facing years in prison when he took his own life, a congressional aide tells The Huffington Post."

And in the February 28, 2013 issue of Rolling Stone magazine, David Amsden will have an article headlined "The Brilliant Life and Tragic Death of Aaron Swartz: He was a child prodigy, an Internet pioneer and an activist who refused to back down -- even when the feds tried to break him."
Posted at 02:40 PM by Howard Bashman



"Democrats Should Blame Themselves for the Hagel Filibuster; The Framers didn't mean to let minority parties hijack the Senate; But when the Democrats had a chance to reform the voting rules last month, they threw it away": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 01:30 PM by Howard Bashman


"Questions raised about evidence for strip club bill; Lobbyist presents independent study disputing negative effects": The Topeka Capital-Journal has this news update.
Posted at 01:28 PM by Howard Bashman


"Jury to begin deliberating in Justice Orie Melvin criminal case": The Pittsburgh Post-Gazette has this news update.

And The Pittsburgh Tribune-Review has a news update headlined "Melvin jury expected to begin deliberations Friday afternoon."
Posted at 01:14 PM by Howard Bashman



"Dworkin's Death Deprives Scalia of His Moral Foil": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:50 AM by Howard Bashman


"Ninth Circuit's Tips on Brief Writing and Oral Argument": Rebecca A. Copeland has this post today at her blog, "Record on Appeal."
Posted at 11:20 AM by Howard Bashman


"State experts change opinions in condemned killer's case": In today's edition of The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "Days before condemned killer Warren Lee Hill's is scheduled to die, the same state experts who testified Hill was eligible for execution now say they were wrong, according to affidavits released Thursday."
Posted at 11:15 AM by Howard Bashman


The audio of Wednesday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in USA v. Barry Bonds, No. 11-10669, is now available online: You can access the audio at this link.

The Ninth Circuit has also posted video of the oral argument online at YouTube, and you can access that video by clicking here.
Posted at 11:00 AM by Howard Bashman



"10 Years of the Election Law Blog": Rick Hasen has this post today at his "Election Law Blog."
Posted at 10:54 AM by Howard Bashman


"Closing arguments set in campaign corruption trial of Pa. Justice Joan Orie Melvin, sister": The Associated Press has this report.
Posted at 09:03 AM by Howard Bashman


"Supreme Court Justice David Prosser's case appears stuck in neutral": In today's edition of The Milwaukee Journal Sentinel, Patrick Marley has an article that begins, "The state Judicial Commission has told its special prosecutor -- at least for the moment -- not to pursue new avenues to forward its ethics case against state Supreme Court Justice David Prosser."
Posted at 09:02 AM by Howard Bashman


"Supreme court denies government pressure to select a woman; Senior legal figures believe promotion of three male judges to highest court delayed because ministers want a woman to fill one of the vacancies": The Guardian (UK) has this report.
Posted at 08:51 AM by Howard Bashman


"U.S. agriculture wary as Monsanto heads to Supreme Court": Reuters has this report.

And today's edition of The Wall Street Journal contains an article headlined "The Future of Patent Law Rests in a Farmer's Hands; Dispute Pits Farmer vs. Monsanto in Case That May Affect Industries From Software to Nanotech." You can freely access the full text of the article via Google News.
Posted at 08:50 AM by Howard Bashman



"Legal Clashes at Hearing for Defendants in 9/11 Case": Charlie Savage has this article today in The New York Times.
Posted at 08:35 AM by Howard Bashman


"N.J. clashes with sports leagues, feds over sports betting law": The Star-Ledger of Newark, New Jersey has this report.

And The Associated Press reports that "NJ argues constitutionality of sports betting ban."
Posted at 08:24 AM by Howard Bashman



"Grad loses in C+ lawsuit against Lehigh University; Northampton County judge rules that university didn't discriminate against her or breach contract": Today's edition of The Morning Call of Allentown, Pennsylvania contains an article that begins, "A Northampton County judge on Thursday rejected the claims of a Lehigh University graduate suing over her C+ grade, a verdict that upheld the school's insistence that she earned the mark she got."
Posted at 08:22 AM by Howard Bashman


"Obama attempting to change face of the judiciary": The Associated Press has this report.
Posted at 08:07 AM by Howard Bashman


"Racist Alabama Legacy Shadows High Court on Voting Rights": Greg Stohr of Bloomberg News has this report.
Posted at 08:06 AM by Howard Bashman


Thursday, February 14, 2013

"Witnesses' inconsistencies of alleged politicking on job likely benefit Melvin": Friday's edition of The Pittsburgh Tribune-Review will contain an article that begins, "Lawyers didn't deliver any knockout blows during 14 days of testimony in suspended state Supreme Court Justice Joan Orie Melvin's corruption trial. But legal experts said they didn't expect any."
Posted at 11:56 PM by Howard Bashman


"National media covers Wisconsin Supreme Court 'Fight Club'": The Capital Times of Madison, Wisconsin has this report.

My most recent earlier coverage appears at this link.
Posted at 11:44 PM by Howard Bashman



"Supreme Court vs. history: As justices return, key decisions on civil rights, same-sex marriage, new technologies await them." Tony Mauro will have this op-ed Friday in USA Today.
Posted at 11:40 PM by Howard Bashman


"Mecca photo, FBI agent's book, pen refill seized in Guantanamo search of 9/11 plotters' cells": Carol Rosenberg of The Miami Herald has this report.
Posted at 09:28 PM by Howard Bashman


"After Hacking Attack, Sentencing Body Asks Blogger for Help": Jacob Gershman has this post at WSJ.com's "Law Blog."
Posted at 05:44 PM by Howard Bashman


According to the Ninth Circuit's web site, "Recordings appear on this site by 12:00 p.m. PT the day after argument." Except, perhaps, in the case of United States v. Bonds, No. 11-10669, where the audio of yesterday's oral argument in the home run king's appeal hasn't yet appeared.

My earlier posts collecting news coverage of yesterday's Ninth Circuit oral argument in the case can be accessed here and here.
Posted at 05:02 PM by Howard Bashman



"Senate confirms Portland lawyer for federal judgeship; The Cape Elizabeth man is easily confirmed for the 1st Circuit Court of Appeals after a year of delays by Republicans": This article appears today in The Portland Press Herald.
Posted at 04:56 PM by Howard Bashman


"Justices' hefty IP docket is patently logical": Reynolds Holding has this essay online today at Reuters Breakingviews.
Posted at 04:55 PM by Howard Bashman


"Prosecutor: Kennebunk 'johns' have a right to privacy, too; Maine's highest court is urged to reinstate 46 invasion-of-privacy charges against Mark Strong Sr. in the prostitution case." The Portland (Me.) Press Herald contains this article today.
Posted at 03:24 PM by Howard Bashman


"SCOTUSblog on camera -- Linda Greenhouse interview, Part Four": Today, "SCOTUSblog" has posted at this link part four of its interview with former New York Times U.S. Supreme Court correspondent Linda Greenhouse.
Posted at 03:12 PM by Howard Bashman


"Ronald Dworkin RIP": Randy Barnett has this post at "The Volokh Conspiracy."
Posted at 03:08 PM by Howard Bashman


Seventh Circuit issues important bankruptcy decision addressing "whether competition is essential when a plan of reorganization gives an insider an option to purchase equity in exchange for new value": Chief Judge Frank H. Easterbrook wrote today's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 02:10 PM by Howard Bashman


"Jury convicts Cuyahoga County Common Pleas Judge Steven Terry of 3 corruption-related counts": The Cleveland Plain Dealer published this article in June 2011 about the jury's verdict in a federal criminal prosecution. The newspaper's other coverage of the trial, while underway, included an article headlined "Cuyahoga County Common Pleas Judge Steven Terry testifies he did nothing wrong when he talked to county Auditor Frank Russo about a case."

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit affirmed the convictions in an opinion written by Circuit Judge Jeffrey S. Sutton.
Posted at 02:03 PM by Howard Bashman



"2nd Circuit finds UBS not liable in lawsuit by attack victims": Nate Raymond of Reuters has an article that begins, "A U.S. appeals court refused Thursday to revive a lawsuit against UBS AG by U.S. victims of Hamas and Hezbollah attacks in Israel who claimed the bank aided international terrorism."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:48 PM by Howard Bashman



"Grossman elected 127th president of the Harvard Law Review": Harvard Law School has issued a news release that begins, "The Harvard Law Review has elected Gillian Grossman '14 as its 127th president. Grossman succeeds Conor Tochilin '13."
Posted at 01:40 PM by Howard Bashman


"Two appellate-jurisdiction issues; two circuit splits. Next year's moot-court competition?" Ryan Koopmans has this post today at "On Brief: Iowa's Appellate Blog."
Posted at 12:09 PM by Howard Bashman


"The Decline of Oral Argument in the Third Circuit Court of Appeals": Bruce D. Greenberg has this post today at his blog, "New Jersey Appellate Law."
Posted at 12:08 PM by Howard Bashman


"Controversial D.C. Circuit Prospect Among Nominees Clearing Committee": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 11:58 AM by Howard Bashman


"Twitter: Free Speech in 140 Characters; The virtues of pseudonymity in an age of full disclosure." Greg Beato will have this article in the March 2013 issue of Reason magazine.
Posted at 11:54 AM by Howard Bashman


"Ronald Dworkin, Legal Philosopher, Dies at 81": This obituary, written by Adam Liptak, will appear in Friday's edition of The New York Times.

And the New York University School of Law has posted online a news release headlined "In Memoriam: Ronald Dworkin."

Update: The Guardian (UK) has posted online an obituary headlined "Ronald Dworkin: Brilliant philosopher of law who put human dignity at the centre of his moral system."

And Reuters reports that "U.S. legal philosopher Ronald Dworkin dies in London."
Posted at 11:50 AM by Howard Bashman



"Gov. 1310 Verdicts Leave Door Open for Lawsuits": Today's edition of The Harvard Crimson contains an article that begins, "Days after Harvard announced the results of its massive Government 1310 cheating investigation, lawyers who have consulted with accused students say the door is still open for legal challenges against the University."
Posted at 09:40 AM by Howard Bashman


"Four Years Later, Slain Abortion Doctor's Aide Steps Into the Void": This article appears today in The New York Times.
Posted at 09:38 AM by Howard Bashman


"Illinois Supreme Court to meet in Chicago during Springfield rehab": Crain's Chicago Business has an article that begins, "Illinois Supreme Court justices will hear cases in Chicago for at least a year while the court's century-old building in Springfield is renovated."
Posted at 09:18 AM by Howard Bashman


"U.S. Supreme Court considering affirmative action, same-sex marriage cases, Case Western Reserve professor says": The Cleveland Plain Dealer has this report.

And The Chicago Maroon has an article headlined "Law prof. on 'State of the Supreme Court'; Geoffrey Stone discussed last year's most important decisions and previewed some upcoming cases."
Posted at 09:14 AM by Howard Bashman



"Congress: Is Computer Law Too Tough on Hackers?" Roll Call has this report.

Online at The New Republic, Noam Scheiber has an article headlined "The Real Reason Aaron Swartz Broke Into MIT and JSTOR: The Italian retreat that radicalized the Internet prodigy."

And at Slate, Adam Sneed has a blog post titled "Can Hacktivists Turn Their Current Moment Into Real Change? A Future Tense Event Recap."
Posted at 09:08 AM by Howard Bashman



"Orie Melvin declines to testify, defense rests": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Melvin will not take stand in her defense."

Closing arguments in the criminal trial against the suspended Pa. Supreme Court justice are scheduled to occur on Friday.
Posted at 08:55 AM by Howard Bashman



"Supreme Court Preview: Affirmative Action, Gay Marriage, Altered Seeds." Ariane De Vogue of ABC News has this report.
Posted at 08:52 AM by Howard Bashman


"Obama's speech didn't excite Ginsburg": Al Kamen and Emily Heil had this post yesterday at the "In the Loop" blog of The Washington Post.
Posted at 08:51 AM by Howard Bashman


"US legal scholar Ronald Dworkin dies in UK aged 81": The Associated Press has this report.

And at the "Legal Theory Blog," Lawrence Solum has a post titled "Ronald Dworkin: December 11, 1931 - February 14, 2013" that begins, "I am sad to report that Ronald Dworkin, one of the most important legal theorists of the past sixty years, has passed away."
Posted at 08:34 AM by Howard Bashman



Wednesday, February 13, 2013

"U.S. court revives antitrust claims against wholesale grocers": Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 10:22 PM by Howard Bashman


"Circuit split over parties' expanding a bankruptcy court's power": Law professor Erwin Chemerinsky had this essay recently in The Daily Journal.
Posted at 10:20 PM by Howard Bashman


"Barry Bonds seeks to overturn conviction": Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "Barry Bonds case: Appeals court weighs home run king's bid to set aside BALCO conviction."

Scott Graham of The Recorder reports that "Latest Inning in Bonds Criminal Case Ends With No Home Runs."

And MLB.com reports that "Panel of judges hears arguments in Bonds' appeal."
Posted at 10:00 PM by Howard Bashman



"FBI hid microphones in Guantanamo, but no one listened, prison commander testifies": Carol Rosenberg of The Miami Herald has this report.
Posted at 08:42 PM by Howard Bashman


"Bradley received more security before Prosser incident, safety concerns remain": Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, "State Supreme Court Justice Ann Walsh Bradley received stepped-up security from law enforcement more than two months before Justice David Prosser put his hands around her neck in a dispute over a controversial case, according to a court document issued Wednesday."

The Wisconsin State Journal has an article headlined "Supreme Court justice: Security plan made with police in case colleague had 'tantrum'" that begins, "Two months before state Supreme Court Justice David Prosser put his hands on Justice Ann Walsh Bradley's neck during a heated argument, Bradley and Chief Justice Shirley Abrahamson devised a security plan with Capitol Police that included locking themselves in their offices when working at night and weekends, Bradley revealed in a legal memo Wednesday."

The articles report on a recusal decision that Justice Ann Walsh Bradley of the Supreme Court of Wisconsin issued today.
Posted at 08:32 PM by Howard Bashman



"WLF Program Panelists Discuss Supreme Court's 'Deja Vu Docket'": "The Legal Pulse" blog of the Washington Legal Foundation has a post that begins, "On Tuesday, February 12, WLF held its annual media briefing on the U.S. Supreme Court at its mid-term/winter break point."

You can view a video of the media briefing online through a registration process that you can access via this link.
Posted at 05:50 PM by Howard Bashman



"FDA confirms: It's considering rule change for generic labels." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:42 PM by Howard Bashman


"SCOTUSblog on camera -- Linda Greenhouse interview": Yesterday, I neglected to link to part two of this interview, which you can access here. And today, part three was posted.
Posted at 05:38 PM by Howard Bashman


"Defense rests without Orie Melvin taking the stand": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "The defense rested this afternoon the public corruption trial of suspended Pennsylvania Supreme Court Justice Joan Orie Melvin without her taking the stand. That means she will not testify in a trial that has reached its 14th day. Closing arguments are scheduled for Friday."

And The Pittsburgh Tribune-Review has a news update headlined "Melvin will not take stand in her defense."
Posted at 05:18 PM by Howard Bashman



"Senate confirms Cape Elizabeth attorney for federal bench": The Portland (Me.) Press Herald has a news update that begins, "The Senate voted overwhelmingly on Wednesday to confirm the nomination of a Cape Elizabeth attorney for the federal bench, more than one year after he was nominated by President Barack Obama."

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "New Judge for the First Circuit."

You can access at this link the U.S. Senate's official roll call vote tally.
Posted at 04:50 PM by Howard Bashman



The Commonwealth Club of California has posted online today the video of Justice Sonia Sotomayor's discussion with Stanford Law Dean M. Elizabeth Magill at the Herbst Theatre in San Francisco on January 28, 2013: You can view the video via YouTube by clicking here.
Posted at 02:58 PM by Howard Bashman


"Barry Bonds case: Appeals court weighs home run king's bid to set aside Balco conviction." Howard Mintz of The San Jose Mercury News has this update.

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Judges Grill Both Sides in Barry Bonds Appeal."

Additional coverage of the oral argument is available from Bloomberg News and The Associated Press.
Posted at 02:24 PM by Howard Bashman



"Vote looms on Maine lawyer's nomination as federal judge": The Bangor Daily News has an update that begins, "The long-delayed vote on Cape Elizabeth lawyer William Kayatta Jr.'s nomination to the U.S. Court of Appeals for the 1st [Circuit] could come Wednesday."
Posted at 12:45 PM by Howard Bashman


"In this interlocutory appeal, we must determine whether one lawful act in isolation -- driving a car of one color with a registration number attached to a car of a different color -- gives rise to reasonable suspicion that a driver is engaged in criminal activity." So explains an opinion that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today. The question of the stop's legality arises because the car's contents included nearly one pound of heroin.
Posted at 12:44 PM by Howard Bashman


"Chief Judge Traxler to Chair Executive Committee": Administrative Office of the U.S. Courts has today issued a news release that begins, "Chief Justice John G. Roberts, Jr. has appointed Chief Judge William B. Traxler, Jr. (4th Cir.) Chairman of the Executive Committee of the Judicial Conference of the United States."
Posted at 11:40 AM by Howard Bashman


"Supreme Court notebook: Sitting out the speech." Mark Sherman of The Associated Press has this report.
Posted at 08:37 AM by Howard Bashman


"Maine high court to hear appeal in Kennebunk prostitution case; Prosecutors are seeking to restore 46 invasion-of-privacy counts against Mark Strong Sr., 57": This article appears today in The Portland Press Herald.

And The Associated Press reports that "Maine's supreme court to decide whether prostitution johns have a right to privacy."
Posted at 08:33 AM by Howard Bashman



"Denied evidence exasperates Orie Melvin's defense": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "After losing an argument over a key piece of evidence in the defense case, an attorney for suspended state Supreme Court Justice Joan Orie Melvin questioned the trial judge's fairness."

And The Pittsburgh Tribune-Review reports today that "Melvin defense witnesses say workload proves no politicking by staff."
Posted at 08:32 AM by Howard Bashman



"Oracle vs Google legal war begins a new chapter": Dan Levine of Reuters has this report on the Brief for Appellant that Oracle filed earlier this week in the U.S. Court of Appeals for the Ninth Circuit.

And the blog "Foss Patents," which has posted the brief at this link, has a post titled "Oracle's appeal brief likens Google to fictitious Harry Potter knockoff author 'Ann Droid.'"
Posted at 08:27 AM by Howard Bashman



"Barry Bonds seeks dismissal of felony conviction": The Associated Press has this report.

Later today, Howard Mintz of The San Jose Mercury News will provide live coverage at this link of the oral argument of this appeal before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. And when the audio of the oral argument becomes available online, I will provide a link to it.

Update: In other coverage, Bloomberg News previews the oral argument in a report headlined "Bonds Asks Court to Overturn Obstruction Conviction."
Posted at 08:22 AM by Howard Bashman



"Burger King Suit Over Spit in Sandwich Revived by Court": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

This blog's most recent earlier coverage of the case can be accessed here.
Posted at 08:17 AM by Howard Bashman



Tuesday, February 12, 2013

"White House Must Respond to Petition Seeking Swartz Prosecutor's Firing": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 09:30 PM by Howard Bashman


"Justice Alito returns to Hamilton for mother's funeral": The Trentonian has this report.

And The Times of Trenton, New Jersey reports that "Rose Alito, mother of Supreme Court Justice Samuel Alito Jr., is mourned during funeral in Hamilton." You can access the obituary at this link.
Posted at 06:24 PM by Howard Bashman



"How Sonia Sotomayor's Memoir Outsold Clarence Thomas's: The charming and intelligent justice has a great story -- one that's been topping bestseller lists for the past month." Peter Osnos has this essay online at The Atlantic. Apparently the headline writer does not find Justice Thomas to be both charming and intelligent.
Posted at 06:00 PM by Howard Bashman


"Justice Scalia to deliver own speech on State of the Union night": Sam Baker has this report online at The Hill.

Update: And at WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "Supreme Court Splits 6-3 on State of the Union."
Posted at 05:46 PM by Howard Bashman



"Jenny Rivera '85 is confirmed to the New York State Court of Appeals": The New York University School of Law issued this news release today.
Posted at 03:15 PM by Howard Bashman


"Chief Judge Sentelle of D.C. Circuit Takes Senior Status": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:14 PM by Howard Bashman


"Gun Debate on Capitol Hill Turns to Constitutional Issues": The New York Times has this news update.
Posted at 03:09 PM by Howard Bashman


"Tech talk: Who's listening in Guantanamo court and how?" Carol Rosenberg of The Miami Herald has this report.

And Reuters reports that "Guantanamo hearing gets tutorial in courtroom recording technology."
Posted at 03:08 PM by Howard Bashman



"Too Much Information: Why collecting DNA from people who are arrested won't help solve more crimes." Law professors Brandon L. Garrett and Erin Murphy have this jurisprudence essay online at Slate.
Posted at 10:16 AM by Howard Bashman


"Statistics Confirm Growing Rarity of Oral Arguments at Third Circuit": This month's installment of my "Upon Further Review" column appears in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

If any readers of this blog would like to share their thoughts for publication at "How Appealing" on the increasing rarity of oral argument in federal appellate courts -- either at the Third Circuit or elsewhere -- please feel free to forward your comments to me at this blog's email address.
Posted at 09:54 AM by Howard Bashman



"School Districts Denied Surplus Funds From Health Care Trust": In today's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- Ben Present has this article in which I am quoted.
Posted at 09:44 AM by Howard Bashman


"Campaign manager for Orie Melvin testifies": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Former Melvin campaign workers say they had little or no contact with state workers."
Posted at 08:30 AM by Howard Bashman



"In horseman logo battle, Ralph Lauren prevails at 2nd Circuit": Erin Geiger Smith has this report on a summary order that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 08:26 AM by Howard Bashman


Bob Egelko of The San Francisco Chronicle is reporting: In today's newspaper, he has articles headlined "Unintended effects in Prop. 8 appeal?" and "Court weighs road contract preferences."
Posted at 08:24 AM by Howard Bashman


"Arbitration case this term could lead to broadest ruling against class actions; American Express asks U.S. Supreme Court to overturn ruling by Second Circuit holding arbitration agreement unenforceable": Marcia Coyle has this article in this week's issue of The National Law Journal.
Posted at 08:12 AM by Howard Bashman


"Constitution Check: Is a limit on the number of bullets a gun can fire unconstitutional?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:07 AM by Howard Bashman


"The Death of a Prodigy and the Limitations of Talent": Online at The New York Times, Michael Winerip has a very interesting essay that begins, "I keep thinking of Aaron Swartz, the 26-year-old computer genius who apparently hanged himself last month."
Posted at 12:08 AM by Howard Bashman


Monday, February 11, 2013

Here and there: Earlier tonight, I traveled to Allentown, Pennsylvania to tape an upcoming telecast of "The American Law Journal" on the subject of Roe v. Wade at 40. My earlier appearance on that program can be viewed via YouTube at this link. The other guests on the upcoming telecast recorded tonight are law professors John G. Culhane and Kimberly Mutcherson, along with Ilya Shapiro of the Cato Institute. When the program recorded tonight becomes available on YouTube, I will link to it.

And tomorrow at noon, I will be at the University of Pennsylvania Law School to see Eleventh Circuit Judge Ed Carnes talk about effective writing and editing. Proving that Wikipedia can indeed sometimes be reliable, the entry for Judge Carnes under the heading "Writing style" states: "Judge Carnes has a precise yet folksy writing style, often engaging in wordplay and the use of literary allusions. He has been described as 'one of the more talented writers on the federal appellate bench.'" Wikipedia's cite for the quotation found at the end of that passage is this "How Appealing" post from February 8, 2007.
Posted at 11:40 PM by Howard Bashman



"Rivera confirmed to Court of Appeals seat": Reuters has a report that begins, "Law professor Jenny Rivera has become the second Hispanic judge to be confirmed by the New York state Senate to a seat on the Court of Appeals, in spite of concerns from some Republican lawmakers about her objectivity and qualifications for the bench."

And New York Law Journal reports that "Rivera Confirmed for Court of Appeals Seat."
Posted at 11:22 PM by Howard Bashman



"Embattled San Jose attorney's money laundering case heads to federal appeals court": Howard Mintz of The San Jose Mercury News has this report.
Posted at 11:17 PM by Howard Bashman


"Voting Rights 2.0: Why we still need the Voting Rights Act, and how the Supreme Court could make it work better instead of striking it down." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 11:14 PM by Howard Bashman


"Feds Urge Supreme Court to Let Stand $222K Landmark File-Sharing Verdict": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 11:09 PM by Howard Bashman


"Press Release -- New Chief Judge beginning February 12, 2013": The U.S. Court of Appeals for the D.C. Circuit issued this press release today.
Posted at 04:48 PM by Howard Bashman


"Obama Team To Make Important, If Symbolic, Choice On Gay Marriage": Nina Totenberg had this audio segment on last Friday evening's broadcast of NPR's "All Things Considered."
Posted at 04:08 PM by Howard Bashman


"Clerkship Quest," a blog seeking to report on judicial clerkship hiring trends: Sarah Shalf has launched this new blog, which seeks to report on the judicial clerkship hiring market now that the federal judicial clerkship hiring plan appears to be defunct.
Posted at 04:05 PM by Howard Bashman


"Justice Thomas speaks at Harvard Law": Harvard Law School posted this report (featuring video) online today.
Posted at 03:57 PM by Howard Bashman


"Congressman seeks to overturn Citizens United": The Associated Press has this report.
Posted at 03:54 PM by Howard Bashman


"Former campaign worker said he had little contact with Justice Melvin's judicial staff": The Pittsburgh Tribune-Review has this news update.
Posted at 01:30 PM by Howard Bashman


"9/11 hearings bogged down on attorney-client privilege; Defense attorneys are raising concerns that their conversations with clients may not be confidential": Carol Rosenberg of The Miami Herald has this report.

Update: In other coverage, Charlie Savage of The New York Times reports that "9/11 Case Is Delayed as Defense Voices Fears on Eavesdropping."

And The Associated Press reports that "9/11 lawyers fear gov't eavesdropping at Gitmo."
Posted at 01:28 PM by Howard Bashman



"Pa. legal bills exceed $550,000 in dispute over shale drilling law": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "With a state Supreme Court ruling still pending regarding the legality of the Marcellus Shale gas drilling law passed last year, billing documents show that the case already has cost the commonwealth more than $550,000."
Posted at 01:20 PM by Howard Bashman


"SCOTUSblog on camera -- Linda Greenhouse interview, Part One": Today, "SCOTUSblog" has posted at this link part one of its interview with former New York Times U.S. Supreme Court correspondent Linda Greenhouse.
Posted at 01:15 PM by Howard Bashman


"Ex-Virginia executioner becomes opponent of death penalty": This article appears today in The Washington Post.
Posted at 01:14 PM by Howard Bashman


"Judge: Despite Dukes, ex-workers can bring class injunction claims." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 01:12 PM by Howard Bashman


"The Federal Common Law of Statutory Interpretation: Erie for the Age of Statutes." Law professor Abbe R. Gluck has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 10:54 AM by Howard Bashman


"AP Exclusive: Inmate lawsuits cost Calif. $200M." The Associated Press has a report that begins, "Gov. Jerry Brown has begun aggressively challenging federal court oversight of California's prison system by highlighting what he says is a costly conflict of interest: The private law firms representing inmates and the judges' own hand-picked authorities benefit financially by keeping the cases alive."
Posted at 09:35 AM by Howard Bashman


"Tab for wrongful convictions in Texas: $65 million and counting; State the most generous in compensating exonerees; legislators ponder changes to safeguard against future false convictions." Mike Ward has this article today in The Austin American-Statesman.
Posted at 09:32 AM by Howard Bashman


"Attorneys mum about whether Melvin will testify": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "Attorneys for state Supreme Court Justice Joan Orie Melvin are expected to spend most of the week calling witnesses to convince the jury she's not guilty of corruption charges. But they will not say whether the suspended justice will testify."
Posted at 08:02 AM by Howard Bashman


"The Man Who Killed Osama bin Laden . . . Is Screwed": This cover story will appear in the March 2013 issue of Esquire magazine.
Posted at 07:56 AM by Howard Bashman


Sunday, February 10, 2013

"Memorials for Aaron Swartz Turn to Discussion of How to Honor His Legacy": Online at The Chronicle of Higher Education, Jake New has an article that begins, "An event held in a Congressional office building last week to honor Aaron H. Swartz, the young computer programmer and open-access advocate who committed suicide last month, was as much a rally calling for change in the U.S. justice system as a memorial service."
Posted at 11:27 PM by Howard Bashman


"Gun Control and the Constitution: The courts would no more allow government to undermine the Second Amendment than the First." David B. Rivkin Jr. and Andrew M. Grossman will have this op-ed in Monday's edition of The Wall Street Journal.
Posted at 11:22 PM by Howard Bashman


"AB InBev-Modelo Deal May Be Derailed by Slow-Track Judge": Tom Schoenberg of Bloomberg News has a report that begins, "Anheuser-Busch InBev NV's bid to buy Grupo Modelo SAB may face an obstacle unforeseen by the parties when the Justice Department sued to block the deal -- assignment of the case to Washington's slowest federal judge. U.S. District Judge Richard Roberts, who was randomly picked to handle antitrust litigation over the $20.1 billion deal, carries the largest backlog of unfinished cases and unresolved motions among his Washington colleagues, according to federal court data."
Posted at 11:20 PM by Howard Bashman


"The Conscience of a Corporation": Columnist Bill Keller will have this contraceptives mandate-related op-ed in Monday's edition of The New York Times.
Posted at 11:18 PM by Howard Bashman


"Ex-Phoenix officer in sex case fighting HIV-test order": This article appears today in The Arizona Republic.
Posted at 01:25 PM by Howard Bashman


"State College man 'a voice in the process' of choosing high-court candidates": Chip Minemyer has this essay in today's edition of The Centre Daily Times of State College, Pennsylvania.
Posted at 01:22 PM by Howard Bashman


"Policing state's highest court: Hathaway's quick resignation helps colleagues skirt a disciplinary thicket." Columnist Brian Dickerson has this essay today in The Detroit Free Press.
Posted at 01:11 PM by Howard Bashman


"Obama's Drone Attack on Your Due Process": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 12:56 PM by Howard Bashman


"Meatball murder threatens plea deals; Critics blame Hamilton County prosecutors for confusion": The Cincinnati Enquirer has this report.
Posted at 12:54 PM by Howard Bashman


"The Barry Bonds case: Federal judges to hear home run king's appeal Wednesday." Howard Mintz has this article today in The San Jose Mercury News.
Posted at 12:48 PM by Howard Bashman


"Justices to hear Virginia Tech suit arguments; Both sides are asking the Virginia Supreme Court for appeals on different grounds, an unusual development": Today's edition of The Roanoke Times contains an article that begins, "The wrongful death lawsuits lodged against the state for Virginia Tech's handling of the April 16, 2007, shootings go to the Virginia Supreme Court on Tuesday in what is the first step toward a full court review."
Posted at 10:20 AM by Howard Bashman


"Confederate flag mistakenly raised over court building; State banner requested, not received": Jerry Mitchell had this article yesterday in The Clarion-Ledger of Jackson, Mississippi.
Posted at 10:15 AM by Howard Bashman


"Under the U.S. Supreme Court: Privacy invasion on a parking ticket?" Michael Kirkland of UPI has this report.
Posted at 09:58 AM by Howard Bashman


Saturday, February 9, 2013

"Petition to 'fire' Aaron Swartz prosecutor Garners 25,000 Signatures": Main Justice has this report.

And the February 18, 2013 issue of New York Magazine will contain a lengthy article written by Wesley Yang headlined "The Life and Afterlife of Aaron Swartz: The precocious coder, hacker visionary, and 'pirate' was already a tech legend by the time he'd turned 17; But in the weeks since his suicide last month, at 26, his friends and comrades have tried to turn him into something else -- a martyr."
Posted at 11:44 PM by Howard Bashman



"Farmer's use of genetically modified soybeans grows into Supreme Court case": Robert Barnes will have this article Sunday in The Washington Post.
Posted at 11:15 PM by Howard Bashman


"Appeals Court Hears Arguments on Judge Rakoff's Rejection of Citigroup Deal": Peter Lattman has this article today in The New York Times.

And Nate Raymond of Reuters reports that "Appeals court hears arguments in SEC's case against Citigroup."
Posted at 11:11 PM by Howard Bashman



"Appeals court upholds Gilbert sign ordinance in feud with church": Cronkite News has a report that begins, "A divided appeals court Friday upheld a Gilbert sign ordinance, saying it did not infringe on the First Amendment rights of Good News Presbyterian Church."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "This Way to Salvation."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:48 PM by Howard Bashman



"Torture Memo Author, Now a Federal Judge, Still Justifying Torture; Jay Bybee -- who signed off on waterboarding as a Justice Department lawyer -- ruled last week that the government should be immune from liability for torture": Andrew Cohen has this essay online today at The Atlantic.

And on Wednesday, Bob Egelko of The San Francisco Chronicle had a blog post titled "Bybee ruling tosses inmate 'mental torture' suit."

You can access the recent ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:32 PM by Howard Bashman



"Judges split over birth control coverage and religious liberty; The growing legal dispute over paying for contraception is the latest in a long-running battle over how to weigh claims involving matters of faith": David G. Savage has this article today in The Los Angeles Times.
Posted at 10:20 PM by Howard Bashman


"Lawmakers propose giving federal judges role in drone strikes, but hurdles await": This article appears today in The Washington Post.

And in today's edition of The New York Times, Scott Shane has a news analysis headlined "Debating a Court to Vet Drone Strikes."
Posted at 10:18 PM by Howard Bashman



"The Third Circuit is wrong: RFRA protects corporations, without any carve-out of for-profit corporations from its protections." Law professor Kevin C. Walsh has this post today at his blog, "walshslaw."
Posted at 04:15 PM by Howard Bashman


"Defense opens in trial of suspended Pennsylvania justice": Molly Born and Paula Reed Ward have this article today in The Pittsburgh Post-Gazette.

The Pittsburgh Tribune-Review reports that "Judge sends Melvin jury home for the weekend."

And The Associated Press reports that "Justice Melvin's defense team makes case."
Posted at 04:05 PM by Howard Bashman



"No retirement plans for Justice Ginsburg": Greg Moran of The San Diego Union-Tribune has this report.
Posted at 09:48 AM by Howard Bashman


"Mental-health experts get access to detainee's CIA file; The judge in the USS Cole death-penalty case has ordered a mental-health review to determine the fitness of the accused to stand trial": Carol Rosenberg of The Miami Herald has this report.
Posted at 09:46 AM by Howard Bashman


"Innovation Nation at War": In today's edition of The New York Times, columnist Joe Nocera has an op-ed that begins, "'I decided it would be fun to do patent trials,' said Richard Posner."
Posted at 09:44 AM by Howard Bashman


Friday, February 8, 2013

"A life cut short: A reporter remembers a classmate who became another victim of violence against lawyers." Jenna Greene will have this article in next Monday's edition of The National Law Journal.
Posted at 07:33 PM by Howard Bashman


"Lawyers Debate Meaning of 'Abstract' in Federal Circuit Patent Case": Matthew Huisman has this post today at "The BLT: The Blog of Legal Times." The audio of today's en banc oral argument at the U.S. Court of Appeals for the Federal Circuit should soon be available via this link.
Posted at 03:11 PM by Howard Bashman


"Cruz Digs for Judicial Nominees' Views": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:08 PM by Howard Bashman


"Court tosses efficiency standard for decorative fireplaces": Jeremy P. Jacobs of Greenwire has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 03:06 PM by Howard Bashman


"Obama is Wrapping Himself in the Constitution. Finally." Simon Lazarus has this essay online at The New Republic.
Posted at 03:04 PM by Howard Bashman


"New York strip club to take tax case to Supreme Court": Reuters has a report that begins, "A New York strip club that lost a bid to avoid paying taxes on money earned from lap dances is taking its case to the U.S. Supreme Court, the club's attorney said."

My earlier coverage of the case can be accessed here.
Posted at 01:50 PM by Howard Bashman



Divided Third Circuit panel yesterday denied injunction pending appeal against Obamacare's contraception coverage rules: I have posted at this link the order that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday. Each of the three judges on the panel wrote separately.

My earlier coverage of the trial court's ruling can be accessed here.

Thanks much to the reader who sent along a copy of yesterday's Third Circuit order.
Posted at 12:00 PM by Howard Bashman



"Case overturned against crack-carrying man who told cop off": Today's edition of The Rochester Democrat and Chronicle contains an article that begins, "The F-word isn't always a fighting word, and carrying copious amounts of crack cocaine isn't always a crime. So says the state's highest court, which ruled Thursday that a Rochester man should never have been charged with disorderly conduct for uttering the four-letter profanity at police."

And The Associated Press reports that "NY court dismisses charge for swearing at officer."

You can access yesterday's ruling of the New York State Court of Appeals -- that state's highest court -- at this link.
Posted at 11:03 AM by Howard Bashman



"The inside story of Aaron Swartz's campaign to liberate court filings; And how his allies are trying to finish the job by tearing down a big paywall": Timothy B. Lee has this report online today at Ars Technica.
Posted at 10:50 AM by Howard Bashman


Terry Baynes of Reuters is reporting: She has articles headlined "Exemptions to birth control mandate unlikely to defuse lawsuits" and "The key healthcare cases of 2013: Where they stand."
Posted at 10:46 AM by Howard Bashman


"Voting Rights Act at Risk?" Amanda Becker had this cover story recently in CQ Weekly.
Posted at 10:44 AM by Howard Bashman


"Federal Circuit to hear high-profile patent eligibility case": Erin Geiger Smith of Reuters has this report.
Posted at 10:42 AM by Howard Bashman


"To go or not to go: Supreme Court at the State of the Union": Bill Mears of CNN.com has this report today.
Posted at 08:55 AM by Howard Bashman


"How the Supreme Court Could Scuttle Critical Fair Housing Rule": Nikole Hannah-Jones has this article online today at ProPublica.
Posted at 08:54 AM by Howard Bashman


"Wisconsin Supreme Court candidates mix it up during first joint forum": Bruce Vielmetti has this article today in The Milwaukee Journal Sentinel.

And The Associated Press reports that "Civility a factor in Wis. Supreme Court election."
Posted at 08:50 AM by Howard Bashman



"Prosecution over in Justice Melvin corruption case": The Associated Press has a report that begins, "The prosecution rested in the corruption trial of suspended state Supreme Court Justice Joan Orie Melvin and her aide and sister, Janine Orie, after an accountant testified Thursday that illegal campaign work allegedly done for Melvin by state-paid employees had cheated taxpayers out of more than $33,000."

In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article headlined "Accountant: Campaign work cost taxpayers $33,475."

And today's edition of The Pittsburgh Tribune-Review contains an article headlined "Taxpayers paid $33,475 for staffers to work on Melvin's campaigns, accountant testifies."
Posted at 08:47 AM by Howard Bashman



"Following Aaron Swartz's suicide, MIT network attacked three times": The Boston Globe has this report. A related news release from MIT can be accessed here.

Main Justice reports that "Aaron Swartz's Partner Makes Appeal for 'Fire Heymann' Signatures."

National Journal reports that "The Petition to Fire Aaron Swartz's Lawyer Is Almost Complete."

Politico.com has a report headlined "After activist Aaron Swartz's death, a tough slog for Aaron's Law."

Boston Globe columnist Joan Vennochi has an essay titled "The fallout for Carmen Ortiz."

At her "Wired State" blog, Catherine Fitzpatrick has a post titled "Definitive -- and Not Surprisingly, Supportive -- Slate Piece on Swartz."

And at his "Simple Justice" blog, Scott H. Greenfield has a post titled "Law, Integrity and Prestige Whoring."
Posted at 08:42 AM by Howard Bashman



"As Gun Debate Grows, Second Amendment Champion Gura Girds for Battles Ahead": The Am Law Daily has this report.
Posted at 08:24 AM by Howard Bashman


"California Supreme Court alters how bias cases will be handled; Justices rule even if bias plays a role in worker's firing, employer will not be liable for back pay if the employee would have been fired for poor performance": Maura Dolan has this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko has an article headlined "Employers' liability in bias cases eased."

The Recorder reports that "Justices Reach Middle Ground in Pregnancy Bias Suit."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Employers Gain Ground in Job Bias Defenses."

Associate Justice Goodwin Liu wrote yesterday's ruling on behalf of a unanimous Supreme Court of California.
Posted at 08:20 AM by Howard Bashman



Thursday, February 7, 2013

"Uighurs who went from Guantanamo to paradise running out of money and patience; Palau was to be a temporary home for six detainees from China's Muslim minority group while negotiations continued to find a permanent country of refuge; They're still here": The Toronto Star has this report.
Posted at 11:03 PM by Howard Bashman


"The Idealist: Aaron Swartz wanted to save the world; Why couldn't he save himself?" Justin Peters has this lengthy article online at Slate.
Posted at 10:44 PM by Howard Bashman


"Bishops Reject Birth Control Compromise": Friday's edition of The New York Times will contain an article that begins, "The nation's Roman Catholic bishops on Thursday rejected the latest White House proposal on health insurance coverage of contraceptives, saying it did not offer enough safeguards for religious hospitals, colleges and charities that objected to providing such coverage for their employees. The bishops said they would continue fighting the federal mandate in court."
Posted at 10:32 PM by Howard Bashman


"In memoir, Sotomayor '76 discusses experiences at U." This article will appear Friday in The Daily Princetonian.
Posted at 10:30 PM by Howard Bashman


"Obama nominates openly gay lawyer for patent appeals court": Dan Levine of Reuters has this report.
Posted at 05:20 PM by Howard Bashman


"Limerick link to Obama oath": A few weeks ago, The Limerick Leader of Limerick, Ireland published an article that begins, "Barack Obama may have been the most photographed man on the planet this week, but coming in a close second was a man with strong County Limerick connections. Chief Justice of the USA, John G Roberts, who administered the oath of office to President Barack Obama on the steps of the US Capitol building both in 2009 and again this week, has spent several holidays in both Knocklong and Charleville."
Posted at 04:15 PM by Howard Bashman


"U.S. appeals court takes up closely watched patent fight": Erin Geiger Smith of Reuters has this report.
Posted at 03:34 PM by Howard Bashman


"Obama nominates two government lawyers to Federal Circuit": Erin Geiger Smith of Reuters has this report.

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Obama Makes Two Noteworthy Picks for Federal Circuit Bench."
Posted at 02:50 PM by Howard Bashman



"Is the Supreme Court Argument Over Gay Marriage Really All About Straight People?" Law professor Nan Hunter has this blog post online today at The Nation.
Posted at 02:48 PM by Howard Bashman


"Obama Nominee Would Be First Out Gay Federal Appeals Court Judge; Todd M. Hughes, an attorney with the Department of Justice, is the second out gay judge nominated to the Federal Circuit Court of Appeals": Chris Geidner of BuzzFeed has this report.
Posted at 02:40 PM by Howard Bashman


"First Latina Supreme Court Justice Shares Her 'Beloved Life' With President Bellows": The American Bar Association issued this news release yesterday.
Posted at 02:36 PM by Howard Bashman


"Appeals court upholds patent on Merck's Vytorin": Reuters has this report on a judgment order that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 02:33 PM by Howard Bashman


"Houston judge accused of racist remarks": The Houston Chronicle has an article that begins, "Widely known in the local federal courthouse for his tendency to say what he thinks about some of the cases brought before him, U.S. District Judge Lynn Hughes has found himself under fire again for remarks that a Texas civil rights group claims are racist."
Posted at 01:37 PM by Howard Bashman


"President Obama Nominates Two to Serve on the US Court of Appeals for the Federal Circuit": The White House issued this news release today.
Posted at 01:30 PM by Howard Bashman


"Making Excuses for Fees on Electronic Public Records": Steve Schultze has a very interesting post today at the blog "Freedom to Tinker" that begins, "I recently posted about my draft bill to make electronic public access to federal court records free."
Posted at 01:16 PM by Howard Bashman


"Ginsburg holds court: Supreme Court justice discusses career, cases during Harvard Law School session." The Harvard Crimson has this report.
Posted at 12:56 PM by Howard Bashman


You can now view online the video of U.S. Supreme Court Justice Sonia Sotomayor's appearance on last night's broadcast of the Charlie Rose show: You can access the video by clicking here.
Posted at 12:45 PM by Howard Bashman


"Senate Committee Approves Three Circuit Nominees": Todd Ruger has this post at "The BLT: The Blog of Legal Times."

The Portland (Me.) Press Herald has a news update headlined "Senate panel endorses Cape attorney for US judgeship."

And Chris Casteel of The Oklahoman has a blog post titled "Senate Judiciary Committee Clears Robert E. Bacharach for 10th Circuit Post."
Posted at 12:38 PM by Howard Bashman



"Supreme Court to Hear Major DNA Case": Ariane de Vogue of ABC News has this report.
Posted at 08:37 AM by Howard Bashman


"Former Melvin fundraiser testifies she didn't know who campaign manager was": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "Allegheny County prosecutors expect to rest their corruption case on Thursday against state Supreme Court Justice Joan Orie Melvin, capping 10 days of testimony from two dozen witnesses."

In today's edition of The Pittsburgh Post-Gazette, Molly Born and Paula Reed Ward have an article headlined "Testimony focuses on Janine Orie."

And The Associated Press has a report headlined "Joan Orie Melvin trial: Fundraiser says she worked with state staff on judge's campaign."
Posted at 08:30 AM by Howard Bashman



"Supreme Court upholds GPS placement on burglary suspect's car": Bruce Vielmetti has this post at the "Proof & Hearsay" blog of The Milwaukee Journal Sentinel.

And The Associated Press has a report headlined "Wis. court: Police use of GPS in burglary case OK."

You can access yesterday's ruling of the Supreme Court of Wisconsin at this link.
Posted at 08:26 AM by Howard Bashman



Wednesday, February 6, 2013

"Sonia Sotomayor No Longer Interested in Bringing Cameras Into the Supreme Court": Jordan Teicher has this blog post online at New York Magazine.
Posted at 10:30 PM by Howard Bashman


"Genetic Privacy Front and Center at Supreme Court": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 10:28 PM by Howard Bashman


"New York defends its 'Amazon tax' in court": Reuters has a report that begins, "Major online retailers Amazon.com Inc and Overstock.com on Wednesday told a New York state court that they should be allowed to not charge state sales tax. The case, in the State of New York Court of Appeals, represents one of the first legal tests of recent 'Amazon taxes' meant to make online retailers start charging state sales taxes."
Posted at 09:25 PM by Howard Bashman


"Justice(s) At Work": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:12 PM by Howard Bashman


"Justice's Plans for Event Tied to Pepsi Stir Outcry by Yale Alumni": In Thursday's edition of The New York Times, Adam Liptak will have an article that begins, "A long-running dispute between Yale University and some of its alumni over the university's connections to PepsiCo, the giant beverage and snack company, has -- in a way -- reached the Supreme Court."
Posted at 08:40 PM by Howard Bashman


"Court bypasses recess issue": Lyle Denniston has this post at "SCOTUSblog" reporting on an order that the U.S. Supreme Court issued late this afternoon.

Update: In other coverage, Lawrence Hurley of Reuters reports that "High court stays out of Obama recess appointment issue."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Supreme Court Declines to Wade Into Recess Appointments Case."
Posted at 05:54 PM by Howard Bashman



"U.S. seeks reversal of indefinite military detention ruling": Bernard Vaughan of Reuters has a report that begins, "The U.S. Justice Department urged an appeals court on Wednesday to reverse a judge's decision blocking part of a law allowing indefinite military detention, a ruling that the government has said would hurt its ability to fight terrorism."
Posted at 04:48 PM by Howard Bashman


"Report Shows Judicial Vacancies Stretching Into the Thousands of Days": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 03:02 PM by Howard Bashman


"The Targeted Killing Memo: A Weak Brief Begging For A Court Case; The Obama Administration finally offers up its legal justifications for drone strikes, describing a shaky policy that already is being challenged in federal court." Andrew Cohen of The Atlantic has this essay.
Posted at 09:04 AM by Howard Bashman


"Pol: Carmen Ortiz abused her power; Says 'ambition' pushed Swartz case." The Boston Herald contains this article today.

The Boston Globe reports that "Activist Aaron Swartz's suicide echoes in Congress; Reddit founder's kin urge easing of Internet laws."

Bloomberg News reports that "Issa Says Prosecutors to Brief House Panel on Swartz Case."

Online at The Los Angeles Times, columnist Michael Hiltzik has an essay titled "Congress' horse-and-buggy computer laws;:The prosecution of software programmer Aaron Swartz exposes the poorly written, anachronistic laws governing a range of computer use."

And in The Williams Record of Williams College, David Michael has an essay titled "Fraudulent Claims" that begins, "By now, many of you have heard of the tragic loss of technology wunderkind and Reddit Co-Founder Aaron Swartz on Jan. 11."
Posted at 09:02 AM by Howard Bashman



"Janine Orie ordered destruction of campaign documents, longtime Melvin secretary testifies": This article appears today in The Pittsburgh Tribune-Review.

And The Pittsburgh Post-Gazette reports that "Two former employees testify they did campaign work for Orie Melvin."
Posted at 08:40 AM by Howard Bashman



"Military Arrest in Doubt as U.S. Fights Rookie Judge": Bloomberg News has a report that begins, "Katherine Forrest, a federal judge appointed by President Barack Obama who less than a year later blocked a controversial military-detention law, will have that ruling tested when an appeals court hears the government's claim that her decision would irreparably damage national security."
Posted at 08:30 AM by Howard Bashman


"9th Circ. Doubts Newspapers Can Pass Along IP Rights": Law360.com has a report that begins, "A Ninth Circuit panel on Tuesday appeared skeptical that Righthaven LLC, a holding company set up to enforce newspapers' copyrights, had standing to sue people who posted newspaper articles online, saying that publishing companies aren't allowed to assign their rights to bring copyright infringement lawsuits to third parties."

You can access at this link the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 08:22 AM by Howard Bashman



Tuesday, February 5, 2013

"Detroit group asks Supreme Court to strike down affirmative action bans across nation": MLive.com has this report.
Posted at 11:32 PM by Howard Bashman


"The Boy Scouts vs. the Supreme Court": Law professor Cass R. Sunstein has this essay at Bloomberg View.
Posted at 11:24 PM by Howard Bashman


"Rejected By One Supreme Court Justice, HealthBridge Tries Another": The Hartford Courant has this news update.
Posted at 11:22 PM by Howard Bashman


"Report on Targeted Killing Whets Appetite for Less Secrecy": Scott Shane and Charlie Savage will have this news analysis in Wednesday's edition of The New York Times.
Posted at 11:20 PM by Howard Bashman


"Ortiz on the hot seat; U.S. attorney facing Congressional scrutiny": The Boston Herald has an article that begins, "The Justice Department is scrambling to answer pointed inquiries from a congressional committee about U.S. Attorney Carmen M. Ortiz's prosecution of Internet whiz Aaron Swartz, raising the specter of a brutal Beltway hearing that could call her judgment into question as she pursues high-profile cases, including her Probation Department probe."

The Boston Globe has a blog post titled "US Department of Justice to brief House committee on Aaron Swartz prosecution."

The Los Angeles Times has a news update headlined "Aaron Swartz's suicide continues to ripple through Congress."

Main Justice reports that "Justice Dept. To Brief Issa and Cummings on Swartz Case."

Boston Public Radio has an audio report titled "U.S. Attorney Carmen Ortiz Faces Congressional Scrutiny."

Mark Walker of The San Diego Union-Tribune has articles headlined "Issa defends Internet freedom" and "Issa to get briefing on Internet activist."

Zach Carter of The Huffington Post reports that "Aaron Swartz Memorial On Capitol Hill Draws Darrell Issa, Elizabeth Warren."

Boston's 90.9 WBUR has audio segments titled "Swartz Remembered In Capitol Hill Tribute" and "Reforming Laws Used To Prosecute Aaron Swartz."

Online at Slate, Andrea Peterson has a blog post titled "Battle for Aaron Swartz's Legacy Breaks Out at His Capitol Hill Memorial."

VentureBeat reports that "MIT admits to 3 separate hacks following death of Aaron Swartz."

The Washington Post reports that "Anonymous posts file claiming to have information from 4,000 bank execs."

ZDNet reports that "Anonymous posts over 4000 U.S. bank executive credentials; Anonymous appears to have published login and private information from over 4000 American bank executive credentials its Operation Last Resort, demanding US computer crime law reform."

The American Prospect has an article headlined "I Can Haz Internet Freedom? The Prospect explains the murky underpinnings of Anonymous' brand of cyber-activism."

At Reason.com's "Hit & Run" blog, Scott Shackford has a post titled "Crowdsourced 'Aaron's Law' Taking Shape to Restrain Overprosecution in Computer Cases."

At Harvard Business Review's blog network, Doc Searls has a post titled "How 'Aaron's Law' Is Good for Business."

At Wired.com, Micah Schaffer has an essay titled "We Need to Think Beyond the Aaron in 'Aaron's Law.'"

At The Daily Caller, Josh Peterson has a report titled "Girlfriend: Aaron Swartz's suicide not caused by depression" reporting on this Tumblr entry.

And at ZDNet, Tom Foremski has an essay titled "Aaron Swartz's suicide note and the missing activists; The tragic death of a brilliant young man is being used by many to push through new laws and demands for changes in government and academia."
Posted at 10:36 PM by Howard Bashman



"California Judges Say Cities Might Be Able to Ban Pot Clubs": Bloomberg News has this report.
Posted at 10:28 PM by Howard Bashman


"California high court backs online retailers in privacy battle; The state Supreme Court rules that Apple and other firms that sell music and other downloadable products can ask for personal information from credit card users": Maura Dolan has this article today in The Los Angeles Times.

Bob Egelko of The San Francisco Chronicle reports that "Retailers can demand personal data for downloads."

Scott Graham of The Recorder reports that "4-3 Ruling Backs Online Retailers Who Collect Cardholder Data."

And at the "Technology & Marketing Law Blog," Venkat Balasubramani has a post titled "California Supreme Court: Retail Privacy Statute Doesn't Apply to Download Transactions."

My earlier coverage of yesterday's California Supreme Court ruling appears at this link.
Posted at 09:54 PM by Howard Bashman



"Proposition 8: Will Verrilli follow Dellinger's lead?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:52 PM by Howard Bashman


"The law clerk hiring plan is dead, and good riddance": Law professor Aaron L. Nielson has this essay in this week's issue of The National Law Journal.
Posted at 05:34 PM by Howard Bashman


"Rivera Nomination Advances to Full Senate Without Recommendation": The New York Law Journal has a news update that begins, "The nomination of Court of Appeals candidate Jenny Rivera advanced this morning to the full Senate, but without the endorsement of the Judiciary Committee."

And the "Capitol Confidential" blog of The Times-Union of Albany, New York has a post titled "Rivera moves to full Senate after party-line vote."
Posted at 05:21 PM by Howard Bashman



"Obama's Memo on Targeted Killings is a Drone Strike on the Law": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "What do you call a country where an unelected bureaucrat has the ability to order the execution of its citizens? Answer: President Barack Obama's America."

And online at Slate, law professor Eric Posner (now available on Twitter, as is the "How Appealing" blog) has an essay titled "President Obama Can Do Anything He Wants To Fight Terrorism; That's the lesson of the leaked drone memo."
Posted at 05:12 PM by Howard Bashman



You can now access online the Winter 2013 edition of Appellate Issues, the publication of the ABA's Council of Appellate Lawyers: Available at this link, featuring a lengthy article about attorney Kannon K. Shanmugam's interview of Justice Antonin Scalia at the November 2012 Appellate Judges Education Institute Summit in New Orleans.
Posted at 05:00 PM by Howard Bashman


"California cities likely to keep right to ban medical pot dispensaries": Howard Mintz of The San Jose Mercury News has an update that begins, "The California Supreme Court on Tuesday appeared likely to allow cities to ban medical marijuana dispensaries, a move opposed by medical pot advocates who argue such restrictions undermine the state law allowing the use of cannabis for medical reasons."
Posted at 04:20 PM by Howard Bashman


"Recess Appointments: An Alternative History." Lincoln Caplan has this post today at the "Taking Note" blog of The New York Times.
Posted at 04:15 PM by Howard Bashman


"Second Circuit judges sparring after denial of [en banc] review of long child porn sentence": Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog reporting on an order denying rehearing en banc, and the opinions accompanying the order, that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:56 PM by Howard Bashman


"Pennsylvania Superior Court will hold session later this month at Northampton Community College": The Express-Times of Easton, Pennsylvania has this news update.
Posted at 03:50 PM by Howard Bashman


"U.S. Voting Flaws Are Widespread, Study Shows": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 03:45 PM by Howard Bashman


"Sonia Sotomayor: Justice Sotomayor discusses her funny colleagues, self-sufficient childhood and most conservative belief as an Independent." You can view the video of Justice Sonia Sotomayor's appearance last night on Comedy Central's "Colbert Report" by clicking here.
Posted at 03:24 PM by Howard Bashman


Monday, February 4, 2013

Programming note: On Tuesday, I will be presenting an oral argument to a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here on Tuesday afternoon.
Posted at 10:02 PM by Howard Bashman


"EXCLUSIVE: Justice Department memo reveals legal case for drone strikes on Americans." Michael Isikoff of NBC News has this report, which includes a link to the memo.
Posted at 09:36 PM by Howard Bashman


"NY Governor Cuomo nominates Rivera '82 to state appeals court": This article appears today in The Daily Princetonian.

And in related news coverage, Reuters reports that "Court of appeals nominee faces questions about objectivity."
Posted at 08:42 PM by Howard Bashman



"Supreme Court justice denies stay in employment case": Lawrence Hurley, who is now covering the U.S. Supreme Court for Reuters, has this report.
Posted at 08:40 PM by Howard Bashman


"Eleventh Circuit chief judge may delay senior status": Jonathan Ringel has this post today at the "ATLaw" blog of The Fulton County Daily Report.

Update: In other coverage, Bill Rankin of The Atlanta Journal-Constitution has a news update headlined "Chief judge may wait before taking senior status."
Posted at 06:10 PM by Howard Bashman



"Judge Posner looks askance at wage-and-hour class action": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 06:05 PM by Howard Bashman


"Judges selected to hear Barry Bonds' appeal": The Associated Press has this report.

My earlier coverage of today's panel announcement appears at this link.
Posted at 04:52 PM by Howard Bashman



Tonight's broadcast of the Charile Rose show will feature his interview of Justice Sonia Sotomayor: As noted here. I will link to the video of the interview when it becomes available online.

Update: The Charlie Rose show's web site has since been updated to change the identity of tonight's guest. When Justice Sotomayor eventually appears on the show to promote her book, I will post a link to the video.
Posted at 04:32 PM by Howard Bashman



"DOJ Asks Supreme Court to Leave Machine Gun Ruling Untouched": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 03:38 PM by Howard Bashman


"CA high court lets online stores get personal data": The Associated Press has a report that begins, "A narrowly divided California Supreme Court has refused to block Apple Inc. and other online retailers from requiring customers using credit cards to provide their home addresses and phone numbers."

You can access today's 4-to-3 ruling of the Supreme Court of California at this link. Associate Justice Goodwin Liu wrote the majority opinion.

Update: In other coverage, Howard Mintz of The San Jose Mercury News has an update headlined "California Supreme Court makes it easier for Apple, online businesses to collect personal data."
Posted at 02:01 PM by Howard Bashman



"U.S. court says won't expedite Apple appeal vs. Samsung": Dan Levine of Reuters has this report.
Posted at 01:55 PM by Howard Bashman


"Recess appointment issue at Court": Lyle Denniston has this post at "SCOTUSblog."

At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Supreme Court Asked to Weigh Constitutionality of Obama Recess Appointments."

And in today's edition of The Washington Post, Sally Katzen has an op-ed titled "What the court got wrong about recess appointments."

Update: At Politico.com, Josh Gerstein has a blog post titled "Connecticut case could draw justices into recess appointment fight."
Posted at 01:48 PM by Howard Bashman



"Medal for Excellence Awarded to Morton L. Janklow '53, Donald B. Verrilli, Jr. '83; Honorees Selected for Exemplary Qualities of Character, Intellect, and Social and Professional Responsibility": Columbia Law School has issued this news release.
Posted at 01:42 PM by Howard Bashman


"Obama's Shifts May Affect U.S. Legal Plan on Gay Marriage": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:33 PM by Howard Bashman


"Melvin's former aide resumes testimony, judge rejects mistrial": The Pittsburgh Tribune-Review has this news update.

And Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Judge denies mistrial in Justice Orie Melvin case."
Posted at 01:28 PM by Howard Bashman



"Guantanamo war court case stalled over ethics issue": Carol Rosenberg of The Miami Herald has this news update.

And Ryan J. Reilly of The Huffington Post has a report headlined "Guantanamo Food: How To Eat At GTMO."
Posted at 01:24 PM by Howard Bashman



Ninth Circuit announces the identity of the three judges assigned to hear oral argument in United States v. Barry Bonds: According to a docket entry issued today, the three-judge panel will consist of Circuit Judge Mary H. Murguia and Senior Circuit Judges Mary M. Schroeder and Michael Daly Hawkins. All three judges are based in Arizona.

The oral argument is scheduled to occur on Wednesday, February 13, 2013. The appellate briefs can be accessed via this link. When the oral argument audio becomes available online, I will link to it.
Posted at 01:15 PM by Howard Bashman



"Law and Order on the Opera Stage": Justice Ruth Bader Ginsburg appeared on this past Saturday's broadcast of New York Public Radio station WQXR's "Operavore" program. You can access the audio via this link. A related video clip can be accessed here.
Posted at 11:35 AM by Howard Bashman


"DiMasi appeal to test ruling on bribery; High court has redefined fraud": Today's edition of The Boston Globe contains an article that begins, "Lawyers for former House speaker Salvatore F. DiMasi and a lobbyist who were found guilty of political corruption in 2011 will ask a federal appeals court Tuesday to overturn the convictions, in a case that could help to redefine the standards for political bribery in federal courts across the country."
Posted at 08:54 AM by Howard Bashman


"Amy Bishop's Tragic Past: The Alabama neurobiologist didn't fit the mass-shooter profile; Why did she just snap?" Patrick Radden Keefe has this lengthy article in the February 11, 2013 issue of The New Yorker.
Posted at 08:50 AM by Howard Bashman


"State Supreme Court Justice's Meeting With Scalia Scrutinized": Arkasas Business has this report.
Posted at 08:45 AM by Howard Bashman


"Can juries tame prosecutors gone wild? Some critics think ordinary citizens are the fix for a weak spot in the American justice system; Others think they're being naive." In the Ideas section of yesterday's edition of The Boston Globe, Leon Neyfakh had an article that begins, "The suicide of internet activist Aaron Swartz, who faced felony charges at the time of his death that could have sent him to prison for 35 years, has provoked an outpouring of debate about the power of government prosecutors."

In today's edition of The Daily Illini, Joseph Vandehey has an essay titled "Aaron Swartz reminds us of change needed in academic journals."

At The Quad, Boston University's independent online magazine, Ashley Hansberry has an essay titled "Aaron Swartz's Death Throws Internet Freedom Into The Spotlight."

The Daily Princetonian reports that "U.'s RECAP project seeks to broaden public access to federal court documents."

And yesterday, the blog "Recap Firefox Extension" had a post titled "$10,000 in Further Awards for RECAP Projects."
Posted at 08:44 AM by Howard Bashman



"Former law clerk, other staff set to continue testifying in trial of Pa. Justice Melvin": The Associated Press has this report.

And today's edition of The Pittsburgh Post-Gazette reprints an article that The Legal Intelligencer published last week headlined "Justice Joan Orie Melvin's absence means more 3-3 splits on Pa. Supreme Court."
Posted at 08:16 AM by Howard Bashman



"$109 million personal-injury award in Western Pennsylvania offers insight into tort system": Chris Mondics has this front page article today in The Philadelphia Inquirer.
Posted at 08:12 AM by Howard Bashman


Sunday, February 3, 2013

"Sotomayor, a Book-Tour Star, Sees a New Niche for a Justice": Jodi Kantor will have this article Monday in The New York Times.
Posted at 10:07 PM by Howard Bashman


"Dictionary: A way to define an argument." Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.

Monday's column reports on an article by law professors James J. Brudney and Lawrence Baum titled "Oasis or Mirage: The Supreme Court's Thirst for Dictionaries in the Rehnquist and Roberts Eras."
Posted at 09:28 PM by Howard Bashman



"Lemon law attorney Vince Megna's YouTube videos a wild card in election": In today's edition of The Milwaukee Journal Sentinel, Patrick Marley has an article that begins, "Supreme Court candidate and lemon law attorney Vince Megna built up his name over the past year with a series of web videos, but those spoofs could come to haunt him in the election."
Posted at 03:12 PM by Howard Bashman


"Supreme Court to hear fight over taking DNA from arrested people; The Supreme Court will hear a privacy rights challenge to the police practice of taking DNA from people arrested but not yet convicted": David G. Savage has this article today in The Los Angeles Times.
Posted at 03:00 PM by Howard Bashman


"A political question imperative: The D.C. Circuit's ruling against NLRB recess appointments proves DOJ should rely on the political-question defense that was upheld by the Supreme Court in 'Goldwater v. Carter.'" Victor Williams will have this essay in tomorrow's issue of The National Law Journal.
Posted at 02:01 PM by Howard Bashman


"Colleagues say Jane Kelly will be ideal appeals court judge": This article appeared yesterday in The Gazette of Cedar Rapids, Iowa.

And although the nomination is only a few days old, law professor Carl Tobias has already published an op-ed in The Des Moines Register titled "Senators must put aside partisanship and confirm Jane Kelly."
Posted at 01:54 PM by Howard Bashman



"Free speech belongs to media and bloggers alike; Iowa's libel law should treat media giants, Internet posters the same": Rox Laird has this essay in today's edition of The Des Moines Register.
Posted at 01:34 PM by Howard Bashman


"When the Law Says a Parent Isn't a Parent": Ginia Bellafante has this new installment of her "Big City" column in today's edition of The New York Times.
Posted at 01:32 PM by Howard Bashman


Andy Marso of The Topeka Capital-Journal is reporting: In today's newspaper, he has articles headlined "Enforcing topless ban has challenges; Missouri officer says law now pushed in Kansas drove industry underground" and "Cost of constitutional amendments examined; Most amendments currently proposed deal with judicial selection."
Posted at 01:11 PM by Howard Bashman


"Middle River family has second chance in federal court in Taser case; Court remands case to lower court on grounds of possible excessive use of force with Taser": This article appeared in yesterday's edition of The Baltimore Sun reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued Friday.
Posted at 12:56 PM by Howard Bashman


"U.S. faces construction quandary at aging Guantanamo camp": Reuters has this report.
Posted at 10:07 AM by Howard Bashman


"Along the U Street corridor, her honor finds all the comforts of home": This article appears today in The Washington Post.
Posted at 10:02 AM by Howard Bashman


"Under the U.S. Supreme Court: Obama's nose bloodied on recess appointments." Michael Kirkland of UPI has this report.
Posted at 10:00 AM by Howard Bashman


Saturday, February 2, 2013

"Bernette Johnson sworn in as Louisiana Supreme Court's first black chief justice": The Associated Press has this report.
Posted at 04:58 PM by Howard Bashman


"Will Justice Kennedy Vote for Voting Rights?" Lincoln Caplan will have this "Sunday Observer" essay in Sunday's edition of The New York Times.
Posted at 04:55 PM by Howard Bashman


"Crow Indians' Lawsuit Against F.B.I. Agent to Proceed": Today's edition of The New York Times contains an article that begins, "Two families from the Crow Indian Reservation in Montana can proceed with a lawsuit against an F.B.I. agent that accuses him of failing to properly investigate crimes against American Indians on and around the reservation, the United States Supreme Court has ruled."
Posted at 04:53 PM by Howard Bashman


"DOJ's Advantage-Seeking Delay Maneuvers at Supreme Court: Time for Transparency." Richard Samp of the Washington Legal Foundation has this blog post at Forbes.com.
Posted at 04:51 PM by Howard Bashman


"Supreme Court Expert Explains Why 'Dr. Death' Was A Turn-Off To The High Court": Business Insider has an article that begins, "If you want to get your case in front of the Supreme Court, don't represent yourself at trial or become a public spectacle. Otherwise, you really hurt your chances of arguing before the justices, according to experienced Supreme Court lawyer Carter Phillips."
Posted at 04:48 PM by Howard Bashman


"As Supreme Court takes up gay marriage question, foes rally; Lawful wedded partners? Foes of same-sex marriage warn that lifting state or federal restrictions would threaten their own economic and religious freedoms and lead to social and political upheaval." Richard Wolf of USA Today has this report.
Posted at 04:45 PM by Howard Bashman


"Supreme Court needs more women, departing judge says": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "The next judge appointed to the country's highest bench must be a woman or Canada risks tarnishing its reputation on gender equity, departing Supreme Court Justice Marie Deschamps says."
Posted at 04:42 PM by Howard Bashman


"Souter discusses the changing times and the Constitution": This interview with retired Justice David H. Souter appears today in The Concord (N.H.) Monitor.
Posted at 02:15 PM by Howard Bashman


"'Aaron's Law' Proposes Reining in Federal Anti-Hacking Statute": Kim Zetter has this post at Wired.com's "Threat Level" blog.

At Ars Technica, Joe Mullin has a blog post titled "Reddit review puts some teeth into 'Aaron's Law'; Bill would change computer fraud law to prevent a Swartz-like prosecution."

At "The Volokh Conspiracy," Orin Kerr has a post titled "Drafting Problems With the Second Version of 'Aaron's Law' from Rep. Lofgren."

The Hill has a blog post titled "DC memorial to honor Swartz and call for reforming hacking law."

At the blog of the Sunlight Foundation, Daniel Schuman has a post titled "Open Public Access to Court Records, For Aaron."

At U.S. News and World Report, Jennifer Chan has an essay titled "To Honor Aaron Swartz, Let Knowledge Go Free; Bringing knowledge to the public is should be the central mission of academia."

At Vice.com's "Motherboard" blog, Claire Evans has a post titled "The Great American Hack: David Foster Wallace and Aaron Swartz."

At The Huffington Post, Mary Price has a blog entry titled "Sentences So Long They Scare Us to Death."

The blog "Copyright Librarian" has a post titled "What is the government's interest in copyright? Not that of the public."

And The Washington Post has published a review written by Graham Sleight of Cory Doctorow's new book, "Homeland." The review begins, "Last month, a 26-year-old Internet activist named Aaron Swartz killed himself."
Posted at 02:06 PM by Howard Bashman



"Argentina Makes Final Bid to Reverse U.S. Court Rulings": Bloomberg News has a report that begins, "Argentina filed a final brief asking a U.S. appeals court to reverse rulings that would help Elliott Management Corp.'s NML Capital Fund among other creditors collect on sovereign debt the country repudiated more than a decade ago."

And Reuters reports that "Argentina aims at bond 'holdouts' ahead of court showdown."
Posted at 01:34 PM by Howard Bashman



"Guantanamo spills its secrets slowly, in surprising ways; The issue of secrecy was at the forefront again at hearings in the 9/11 trial, but there are far more questions than answers": Carol Rosenberg of The Miami Herald has this report.
Posted at 01:28 PM by Howard Bashman


"Gay marriage foes line up arguments in U.S. Supreme Court": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 01:20 PM by Howard Bashman


"Melvin's former law clerk takes stand against the justice": This article appears today in The Pittsburgh Tribune-Review.

And Paula Reed Ward of The Pittsburgh Post-Gazette reports today that "Former aide to Orie Melvin recounts dispute."
Posted at 11:52 AM by Howard Bashman



"Court: Strippers eligible for unemployment insurance; Decision stems from unemployment claim of Topeka dancer." Today's edition of The Topeka Capital-Journal contains an article that begins, "Exotic dancers are to be considered employees, as opposed to independent contractors, for the purpose of determining unemployment insurance, the Kansas Supreme Court ruled Friday."

You can access yesterday's ruling of the Supreme Court of Kansas at this link.
Posted at 11:44 AM by Howard Bashman



"Judicial nominee Robert E. Bacharach blocked by Republicans again; The Oklahoma City magistrate, who enjoys bipartisan support for nomination to federal appeals court, has to wait another week to clear the same committee that approved him overwhelmingly last year": Chris Casteel had this article yesterday in The Oklahoman.

And yesterday's edition of The Des Moines Register contained an article headlined "Iowa woman nominated for 8th Circuit; Four groups call for Jane Kelly to be confirmed quickly." The newspaper has also republished an essay by columnist Rekha Basu titled "An attack on attorney puts values to the test."
Posted at 11:38 AM by Howard Bashman



"At University of Miami, Justice Sonia Sotomayor gets real; The Supreme Court justice spoke on what inspired her, and shared her love of Nancy Drew with a young girl in the audience": This article appears today in The Miami Herald.
Posted at 11:33 AM by Howard Bashman


Friday, February 1, 2013

"Two House GOPers join Dems urging high court to uphold Voting Rights Act": Sam Baker of The Hill has this blog post today.
Posted at 06:11 PM by Howard Bashman


"What Did the Word 'The' Mean in 1755? And Why Does the Court Care? A decision on Obama's recess appointment power shows why judicial originalism is an exciting game without any rules." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 05:30 PM by Howard Bashman


"Making Mischief in the Blogosphere": This interview with David Lat of the blog "Above the Law" appears in the February 2013 issue of California Lawyer magazine. That magazine has also posted online video of the full interview.
Posted at 04:36 PM by Howard Bashman


"Another judicial vacancy to open up on 11th Circuit": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "A third vacancy will be opening up this summer on the busy federal appeals court in Atlanta."
Posted at 04:20 PM by Howard Bashman


"Birth Control Rule Altered to Allay Religious Objections": The New York Times has a news update that begins, "The Obama administration proposed yet another compromise on Friday in an effort to address the concerns of religious organizations that object to its policy requiring health insurance plans to cover contraceptives for women at no charge."

The Los Angeles Times has a news update headlined "Obama administration proposes contraception compromise."

The Associated Press reports that "Obama offers faith groups new birth control rule."

Reuters reports that "White House offers compromise on birth control coverage."

Bloomberg News reports that "Religious Nonprofits Won't Pay for Birth Control, U.S. Says."

And at "SCOTUSblog," Lyle Denniston has a post titled "New contraceptive mandate rules."
Posted at 02:43 PM by Howard Bashman



"Journalist has no right to AIG documents -- court": David Ingram of Reuters has this report on a ruling that the U.S. Court of Appeals for the District of Columbia Circuit issued today.

And Tom Schoenberg of Bloomberg News reports that "AIG Examiner Records Can Be Kept From Public, Court Says."
Posted at 01:46 PM by Howard Bashman



"Legal writing, save for the prose of a precious few lawyers and judges, has rarely contributed to the literary enterprise." Ian Crouch has this blog post online today at The New Yorker about a class-action lawsuit recently filed against Lance Armstrong and the publishers of his two memoirs.
Posted at 01:42 PM by Howard Bashman


"Former chief law clerk testifies in Orie Melvin trial": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And today's midday trial update from The Pittsburgh Tribune-Review can be accessed at this link.
Posted at 01:37 PM by Howard Bashman



"Socrates convicted again in modern mock trial; In benefit for Hellenic museum, philosopher is fined for corrupting youths, disrespecting Greek gods": This article appears today in The Chicago Tribune.

And The Chicago Sun-Times reports today that "Socrates convicted -- again, 2,400 years later."
Posted at 01:28 PM by Howard Bashman



"SCOTUSblog on camera -- Adam Liptak interview, Part Four": Today, "SCOTUSblog" has posted at this link part four of its interview with New York Times U.S. Supreme Court correspondent Adam Liptak.
Posted at 01:18 PM by Howard Bashman


"Phreaks and Geeks: Before Steve Jobs and Steve Wozniak invented Apple, they hacked phones." Online at Slate, Geeta Dayal has this review of the book "Exploding the Phone: The Untold Story of the Teenagers and Outlaws Who Hacked Ma Bell," by Philip Lapsley.

The review begins, "One of the most heartfelt -- and unexpected -- remembrances of Aaron Swartz, who committed suicide last month at the age of 26, came from Yale professor Edward Tufte. During a speech at a recent memorial service for Swartz in New York City, Tufte reflected on his secret past as a hacker -- 50 years ago."
Posted at 01:02 PM by Howard Bashman



"New Subcommittee to Focus on Federal Courts and Bankruptcy System": At "The BLT: The Blog of Legal Times," Todd Ruger has a post that begins, "The Senate Judiciary Committee has created a new subcommittee this year to specifically oversee the federal courts and the nation's bankruptcy system, including administration and management, judicial rules, the creation of new judgeships."
Posted at 12:52 PM by Howard Bashman


"Mainer's nomination to be federal judge delayed again; William Kayatta of Cape Elizabeth, who was nominated more than a year ago, now has to wait another week to learn his fate": The Portland Press Herald has this report.
Posted at 10:55 AM by Howard Bashman


The State Bar of Georgia presents video titled "Midyear 2013 Appellate Practice Section luncheon with Hon. Billy Ray and Hon. Lisa Branch": You can access the video via this link (h/t @JudgeDillard).
Posted at 10:48 AM by Howard Bashman


"Lord Neuberger's Judicial Assistant Lifts The Lid On Supreme Court Life": The blog "Legal Cheek" has a post (featuring video) that begins, "Amid the glow of the UK Supreme Court's psychedelic carpets (the work of Sgt Pepper's album cover designer Peter Blake), former Linklaters trainee Cameron Sim tells me what it has been like to spend the last year working as the judicial assistant to Supreme Court president Lord Neuberger."
Posted at 10:35 AM by Howard Bashman


"Opt out option expected for religious insurers who oppose contraceptives": CNN.com has a report that begins, "Religiously affiliated organizations will be able to opt out of providing their employees with insurance coverage for contraceptives under updates to an Obama administration mandate that the Department of Health and Human Services is expected to unveil on Friday, according to two sources."

Update: The U.S. Department of Health & Human Services has today issued a news release headlined "Administration issues Notice of Proposed Rulemaking on recommended preventive services policy."
Posted at 10:30 AM by Howard Bashman



Go shorty, it's your birthday: The Associated Press has a report headlined "Memphis man's restitution reduced 50 cents."

The 50-cent reduction occurred as the result of a non-precedential ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 10:21 AM by Howard Bashman



"Exclusive: Hospital chain defies NLRB rulings after court decision." Terry Baynes of Reuters has this report.
Posted at 10:16 AM by Howard Bashman


Sixth Circuit rejects challenges to Obamacare based on "freedom of expressive and intimate association," "right to liberty," and "right to privacy": You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:09 AM by Howard Bashman


Sixth Circuit issues decision involving "nude dancing" and "grandfathering": You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit, in a case involving an adult entertainment establishment located in Memphis, at this link.
Posted at 10:04 AM by Howard Bashman


"Former Senate staffer says she devoted 25 percent of day to judge's campaign": This article appears today in The Pittsburgh Tribune-Review.

And in today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article headlined "Former intern: Spent 25% of workday campaigning for Orie Melvin."
Posted at 10:00 AM by Howard Bashman



"John Cornyn appears to move to the right, pulled by new Senate partner Ted Cruz": Todd J. Gillman has this article today in The Dallas Morning News.
Posted at 08:37 AM by Howard Bashman


"Crop of New Law Schools Opens Amid a Lawyer Glut": Jennifer Smith has this article today in The Wall Street Journal.
Posted at 08:35 AM by Howard Bashman


"Patrick Fitzgerald takes on Socrates at mock trial": The Associated Press has this report.
Posted at 08:33 AM by Howard Bashman


"Megachurch's lawsuit against Montgomery Co. revived by appeals court": The Baltimore Business Journal has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 08:20 AM by Howard Bashman


"Court orders new trial in Shawn Drumgold lawsuit": Today's edition of The Boston Globe contains an article that begins, "Nearly four years after a Boston man won a high-profile, $14 million judgment against the city for his wrongful murder conviction, a federal Appeals Court has ordered a new trial in the lawsuit, citing a legal technicality that will require a jury to decide whether a police detective and the city were at fault in the man's original conviction."

You can access yesterday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 08:14 AM by Howard Bashman







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