How Appealing

Tuesday, April 30, 2013

"Quebec government berates Supreme Court of Canada over Laskin review": The Toronto Globe and Mail has this news update.
Posted at 11:27 PM by Howard Bashman


"On California Prisons, It's The Governor Vs. The Courts": Richard Gonzales of NPR has this report.
Posted at 11:25 PM by Howard Bashman


"Justice Department says Edmond soldier's case does not deserve U.S. Supreme Court review": Chris Casteel of The Oklahoman has this report.
Posted at 11:24 PM by Howard Bashman


"U.S. Supreme Court to review Ames man's drug conviction": This article appears today in The Des Moines Register.
Posted at 11:22 PM by Howard Bashman


"Mike Bolin withdraws as Jefferson County attorney, to remain on Alabama Supreme Court": The Birmingham News has this report.
Posted at 11:20 PM by Howard Bashman


"Conversation with Supreme Court Justice Clarence Thomas": C-SPAN has posted online at this link the video of Justice Thomas's recent talk earlier this month at Duquesne Law School in Pittsburgh.
Posted at 11:16 PM by Howard Bashman


"This Note addresses the question of whether the President is constitutionally empowered to make recess appointments to newly created offices and concludes that he is not." Amelia Frenkel will have a student Note titled "Defining Recess Appointments Clause 'Vacancies'" in the May 2013 issue of the New York University Law Review.
Posted at 08:10 PM by Howard Bashman


"MO Sup Court hears cases of two St. Louis juveniles sentenced to life without parole": Jennifer Mann of The St. Louis Post-Dispatch has this news update.
Posted at 07:51 PM by Howard Bashman


"FBI hints at OK to question terror suspects who ask for lawyer": Josh Gerstein of Politico.com has this blog post.
Posted at 07:36 PM by Howard Bashman


"Military court sidesteps ruling on whether suicide is a crime": Michael Doyle of McClatchy Newspapers has this report on a 3-to-2 ruling that the U.S. Court of Appeals for the Armed Forces issued yesterday.

Update: In other coverage, The Associated Press reports that "Military court reverses suicide attempt conviction."
Posted at 04:12 PM by Howard Bashman



The deadline for participating in the current "How Appealing" book give-away is 20 hours from now: Up for grabs, a copy of Marcia Coyle's new book, "The Roberts Court: The Struggle for the Constitution." As I had suspected, this is proving to be the most popular book give-away item yet.

I started reading the book last Friday, and I have found it to be very interesting and very well-written. The book contains frequent quotes from U.S. Supreme Court Justices speaking on background, in addition to many quotes that are attributed to Justices who are identified by name. It is a fun exercise to attempt to figure out which Justices are speaking in the quotes that appear without specific attribution.

It comes as no surprise that a book about the Roberts Court would contain many mentions of law blogs and law bloggers. This book does not disappoint in that respect either.

For the details on how to participate in the book give-away, see this post of mine from yesterday. For an entry to be timely, it must arrive at my blog's email account no later than noon eastern time tomorrow, Wednesday, May 1, 2013.
Posted at 04:00 PM by Howard Bashman



"How Sandra Day O'Connor's Vote In Bush v. Gore Helped Unravel Her Own Legacy": Sahil Kapur of TPM DC has this report today.
Posted at 02:57 PM by Howard Bashman


By a vote of 8-7, Fifth Circuit declines to consider en banc the constitutionality, under the Second Amendment, of federal laws barring licensed gun dealers from selling handguns or handgun ammunition to people less than 21 years old: You can access today's order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc, and the dissent therefrom, at this link.

Yesterday, the original three-judge panel issued a revised opinion in the case, as I noted in this post from last night.
Posted at 01:25 PM by Howard Bashman



"Welcome to the Eighth Circuit's new web page": You can access it at this link.

Update: Now you see it, now you don't. As Steve Klepper suggested on Twitter, perhaps the new web page was taken down for additional proofreading.

Second update (at 2:30 p.m.): The new web page has returned!
Posted at 12:15 PM by Howard Bashman



"The Guantanamo Memoirs of Mohamedou Ould Slahi: How the United States kept him silent for 12 years." Available online at Slate via this link.
Posted at 10:26 AM by Howard Bashman


"Poll: 42 percent of Americans unsure if Obamacare is still law." The Washington Post's "Wonkblog" has this entry today reporting on the results of a Kaiser Family Foundation tracking poll released today.
Posted at 10:25 AM by Howard Bashman


"AMA opposes forced feedings at Guantanamo": Carol Rosenberg of The Miami Herald has an article that begins, "The American Medical Association has written a letter to the Pentagon stating that 'force feeding of detainees violates core ethical values of the medical profession.'"
Posted at 10:22 AM by Howard Bashman


"Prophets of Oak Ridge: How 3 peace activists broke into a U.S. nuclear site." The Washington Post has this very lengthy report.
Posted at 10:20 AM by Howard Bashman


"Constitution Check: Will the court repudiate decisions from the World War II era?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:44 AM by Howard Bashman


"Portsmouth medics respond to Gitmo hunger strike": This article appears today in The Virginian-Pilot.

And in today's edition of The New York Times, columnist Joe Nocera has an op-ed titled "The Detainees' Dilemma."
Posted at 08:37 AM by Howard Bashman



"Immigration reform: While Congress debates, Supreme Court stays clear; With the White House and Congress working on immigration reform, the Supreme Court rejected an appeal from Alabama and let stand a finding that the state's statute was preempted by federal law." Warren Richey of The Christian Science Monitor has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court won't revive Alabama immigration law; Justices decline to hear an Alabama appeal, making it clear that enforcing immigration law is up to federal authorities, not the states."

And at the "Taking Note" blog of The New York Times, Lawrence Downes has a post titled "Alabama's Loss, Alabama's Gain."
Posted at 08:36 AM by Howard Bashman



"Supreme Court says states may bar information requests from nonresidents": Robert Barnes has this article today in The Washington Post.

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Non-residents have no right to a state's records, court rules; Supreme Court upholds Virginia laws that deny public records to residents of other states; The trend has been for states to open their records on an equal basis."

In today's edition of The Wall Street Journal, Jess Bravin reports that "Virginia Records Rule Upheld by High Court." You can freely access the full text of the article via Google.

Today's edition of The Richmond Times-Dispatch reports that "Supreme Court rules Va. can deny out-of-state FOIA use; U.S. justices rule out-of-state requests can be denied."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Supreme Court Says States Are Allowed to Favor Their Own Citizens; A unanimous decision on FOIA rules suggests the justices are in a rather modest mood."
Posted at 08:32 AM by Howard Bashman



Monday, April 29, 2013

"Handgun Sales Age Requirement Upheld by Appeals Court": Bloomberg News today has this article reporting on a revised opinion that the U.S. Court of Appeals for the Fifth Circuit issued today.

My earlier coverage of the court's original ruling can be accessed here.
Posted at 10:54 PM by Howard Bashman



"Wins and Losses in the Fight Against Tobacco": This editorial appears today in The New York Times.
Posted at 09:10 PM by Howard Bashman


"Justices Decline Appeal on 'Aversive Interventions'": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 08:52 PM by Howard Bashman


"As cyberthreats mount, hacker's conviction underscores criticism of government overreach": Jerry Markon will have this lengthy article in Tuesday's edition of The Washington Post.
Posted at 07:52 PM by Howard Bashman


"Obama's Judicial Nominees Blocked On All Sides By Senate Republicans": Jennifer Bendery of The Huffington Post has this report.
Posted at 07:02 PM by Howard Bashman


"Court appoints Jared Loughner's defense attorney for accused Boston bomber": Josh Gerstein of Politico.com has this blog post.
Posted at 05:46 PM by Howard Bashman


"Do Louisianans Have the Right to a Speedy Trial? The Supreme Court brushes away a man who waited seven years to get his case before a judge." Andrew Cohen has this essay online at The Atlantic.
Posted at 05:44 PM by Howard Bashman


In the May 2013 issue of ABA Journal magazine: Mark Walsh has an article headlined "Law prof Chemerinsky offers a syllabus on how the high court can polish its publicity."

Stephanie Francis Ward has an article headlined "Hacker's Hell: Many want to narrow the Computer Fraud and Abuse Act."

And Bryan A. Garner's "On Words" column is headlined "For the Word Lovers: A look at linguistic phenomena."
Posted at 05:36 PM by Howard Bashman



"The Delete Squad: Google, Twitter, Facebook and the new global battle over the future of free speech." Law professor Jeffrey Rosen will have this cover story in the May 13, 2013 issue of The New Republic.

And online at the magazine's web site, Marc Tracy has an article titled "Eulogy for the Blog: As the 'Times' moves to eliminate theirs, we should remember its golden age."
Posted at 05:30 PM by Howard Bashman



"Justice Breyer released from Washington hospital": The Associated Press has this report. He and his lengthy hypothetical questions are expected to make a full recovery.

And Lawrence Hurley of Reuters reports that "Justice Breyer released from hospital after bicycle fall."
Posted at 05:08 PM by Howard Bashman



"O'Connor Regrets Bush v. Gore": Andrew Rosenthal has this post today at the "Taking Note" blog of The New York Times.
Posted at 04:18 PM by Howard Bashman


"Justices Back State Restrictions on Information Requests": Adam Liptak will have this article Tuesday in The New York Times.

And Lawrence Hurley of Reuters reports that "Justices say states can limit access to public records."
Posted at 04:16 PM by Howard Bashman



"Tsarnaev: Right to Counsel, Not Miranda, Is the Key." bmaz has this post today at "emptywheel."
Posted at 01:44 PM by Howard Bashman


"Court to rule on deadly drugs": Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:42 PM by Howard Bashman


"When may a judge instruct jurors not to speculate?" So begins an opinion that Chief Judge Alex Kozinski issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:40 PM by Howard Bashman


"Professor judges high court's ways; Noah Feldman from Harvard puts Supreme Court's workings in focus in Max Rosenn Lecture": GOlackawanna.com has this report.

And speaking of lectures, on June 3, 2013 in Philadelphia, Seventh Circuit Judge Ilana Diamond Rovner will be delivering a lecture titled "A Conversation on Laws, Ethics and Lessons of Life" on the occasion of the 31st Annual Jewish Law Day. I am hoping to attend.
Posted at 01:35 PM by Howard Bashman



"Cruz Breaks With Senate Tradition While Criticizing Colleagues": Jonathan Weisman has this post today at "The Caucus" blog of The New York Times.
Posted at 01:27 PM by Howard Bashman


"YLW and ACS Present Judge Pat Wald '51 and Jodie Bernstein '51": Yale Law School has posted online the video of this event, at which Linda Greenhouse served as moderator.
Posted at 01:24 PM by Howard Bashman


"Guantanamo Hunger Strike: Military Reinforcements To Help Prevent Detainees From Starving Themselves." Ryan J. Reilly of The Huffington Post has this report.

Update: In other coverage, Carol Rosenberg of The Miami Herald reports that "More Navy medics arrive at Guantanamo to help out on forced feedings."

And today's broadcast of NPR's "The Diane Rehm Show" contained an audio segment titled "Hunger Strike At Guantanamo Prison" featuring, among other guests, Charlie Savage of The New York Times.
Posted at 01:22 PM by Howard Bashman



"Court says states can restrict access to public records; Justices rule unanimously that favoring state residents under the Freedom of Information Act is constitutional": Richard Wolf of USA Today has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Only one argument needed."
Posted at 01:18 PM by Howard Bashman



"Is 100 Years a Life Sentence? Opinions Are Divided." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:05 PM by Howard Bashman


"U.S. Supreme Court rejects Alabama request to consider key part of immigration law": Brian Lawson of The Huntsville Times has this report.

And at Politico.com, Tal Kopan has a blog post titled "Supreme Court rejects Alabama immigration case."
Posted at 12:58 PM by Howard Bashman



"She Works: The Only Woman in the Room." As part of a series titled "The Changing Lives Of Women," NPR provides Nina Totenberg's answer to the question "When have you been the only woman in the room?"
Posted at 12:55 PM by Howard Bashman


I am pleased to announce the latest "How Appealing" book give-away -- a copy of Marcia Coyle's new book, "The Roberts Court: The Struggle for the Constitution." Thank goodness for the power of suggestion. This post of mine from last Wednesday has resulted in an additional copy of Coyle's new book, which I'm sure many of this blog's visitors are looking forward to reading.

Coyle has covered the U.S. Supreme Court for 19 years and serves as chief Washington correspondent for The National Law Journal. She also regularly appears on the PBS NewsHour's coverage of the Court.

Although the book's official release date is May 7, 2013, I now possess an additional copy that I will give away to a reader of this blog. The rules remain the same as before:

(1) This offer is open only to individuals who have a mailing address in the United States; (2) You must send me an email explaining why you want the book; (3) The person whom I choose to receive the book will have the opportunity to email me a two-paragraph review of the book due not later than 30 days after receiving the book, which I may choose to publish at "How Appealing" together with the reviewer's name or (at a minimum) a description of the reviewer's relevant qualifications; and (4) The person whom I choose to receive the book will need to provide me with his or her name and mailing address, either in the original email or in response to my email advising that he or she has been selected to receive the book. This book has a hardcover list price of $28.00, and it will be mailed free of charge to the winner of this give-away.

Any reader who is interested in receiving this book should send me an email that arrives at my blog's email account (appellateblog@hotmail.com) between now and noon eastern time on Wednesday, May 1, 2013. The selection of a recipient will be within the sole discretion of this blog's author, and no appeals or original writs will be entertained.
Posted at 11:12 AM by Howard Bashman



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

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in McBurney v. Young, No. 12-17. And Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.

2. And the Court issued an order dismissing the grant of certiorari as improvidently granted in Boyer v. Louisiana, No. 11-9953. Justice Alito issued a concurring opinion, in which Justices Antonin Scalia and Thomas joined. Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: State can block out of state use of FOIA" and "Justices dismiss La. case over trial delays."
Posted at 10:05 AM by Howard Bashman



"Scalia's limited understanding of the Voting Rights Act": Gary May has this essay online at The Washington Post.
Posted at 09:54 AM by Howard Bashman


"The New Deal Constitution at 75: Many happy returns?" The American Enterprise Institute for Public Policy Research has posted the video of this event, which occurred last Thursday, at this link.
Posted at 09:48 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: You can access the Order List at this link. The Court granted review in one new case.

In early news coverage, The Associated Press reports that "Court rejects Alabama appeal over immigration law."

Greg Stohr of Bloomberg News reports that "Alabama Rejected by U.S. Court On Immigrant-Harboring Law."

And Lawrence Hurley of Reuters reports that "Justices decline to review Alabama immigration law."
Posted at 09:33 AM by Howard Bashman



"'Public Safety Exception' Stretched in Bombing Case": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 09:25 AM by Howard Bashman


"Unequal protection: In the first of three pieces on race-based preferences around the world, we look at America's pending Supreme Court decisions on diversity at universities." This article appears in the April 27, 2013 issue of The Economist.

The magazine also contains an editorial titled "Time to scrap affirmative action: Governments should be colour-blind."
Posted at 08:09 AM by Howard Bashman



Sunday, April 28, 2013

"NBA referee Ken Mauer loses tax dispute at Minnesota Supreme Court; Ken Mauer's residency in Afton was the focus of a Minnesota Supreme Court case that raises questions for others": The Minneapolis Star Tribune has this article reporting on a recent ruling of the Supreme Court of Minnesota.
Posted at 03:45 PM by Howard Bashman


"Privacy is overrated: And it can even be dangerous, says a leading federal judge and law professor." Seventh Circuit Judge Richard A. Posner has this op-ed today in The New York Daily News.
Posted at 11:30 AM by Howard Bashman


"Court may limit use of race in college admission decisions": Joan Biskupic of Reuters has this report.
Posted at 10:40 AM by Howard Bashman


"Life under lockdown at America's hunger-striking prison camps; America's offshore war-on-terror prison camp has gone from peaceable routine to hunger-striking nightmare; A look at life at the prison where nearly every captive is under lockdown": Carol Rosenberg of The Miami Herald has this report.

And The Associated Press reports that "Fight against terror takes pals to the White House."
Posted at 10:38 AM by Howard Bashman



"Breyer's Bicycle Accident Not His First": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 10:34 AM by Howard Bashman


"Under the U.S.Supreme Court: Dzhokhar Tsarnaev entitled to a lawyer?" Michael Kirkland of UPI has this report.

And in today's edition of The Detroit Free Press, columnist Brian Dickerson has an essay titled "Meet Miriam Conrad, the woman who's defending Boston bombing suspect."
Posted at 09:52 AM by Howard Bashman



Saturday, April 27, 2013

"Breyer has shoulder surgery after bike accident": Mark Sherman of The Associated Press has this report.

Bloomberg News reports that "Supreme Court Justice Breyer Undergoes Shoulder Surgery."

David G. Savage of The Los Angeles Times reports that "Supreme Court Justice Stephen Breyer breaks shoulder in bike crash."

The Washington Post reports that "Supreme Court Justice Stephen Breyer fractures shoulder in biking accident in D.C."

Ariane de Vogue of ABC News reports that "Justice Breyer Hospitalized After Accident."

USA Today reports that "Justice Breyer has shoulder surgery after bike accident."

CNN.com reports that "Supreme Court Justice Breyer has surgery after bicycle fall."

And at "SCOTUSblog," Lyle Denniston has a post titled "Justice Breyer injured in fall."
Posted at 09:00 PM by Howard Bashman



"Second Amendment Challenges to Student Housing Firearms Bans: The Strength of the Home Analogy." Michael L. Smith has this student Comment in the current issue of the UCLA Law Review.
Posted at 02:15 PM by Howard Bashman


"Court says businesses can't automatically seek federal help in legal disputes on reservations": Howard Fischer has this article today in The East Valley (Ariz.) Tribune.

The Arizona Republic reports today that "Skywalk feud sent to Tribal Court; Hualapais call 9th Circuit ruling a victory; attraction's developer downplays decision."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Skywalk's Financial Balancing Act."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:22 PM by Howard Bashman



"Court issues mixed ruling on Mo. funeral protests": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued yesterday.
Posted at 01:15 PM by Howard Bashman


"Secrecy in court for the rich and powerful": Sunday's edition of The Chicago Tribune will contain an article that begins, "Cook County judges have helped the wealthy, well-known and well-connected to keep their family matters hidden while using the public's courts, according to a Tribune investigation."
Posted at 01:12 PM by Howard Bashman


"Inside America's Dirty Wars: How three US citizens were killed by their own government in the space of one month in 2011." Jeremy Scahill has this cover story in the May 13, 2013 issue of The Nation.
Posted at 01:00 PM by Howard Bashman


"100 Guantanamo Hunger Strikers Recognized By U.S. Military": Ryan J. Reilly of The Huffington Post has this report.
Posted at 10:38 AM by Howard Bashman


"SEC Foreign Payment Rule Challenge Declined by Court": Bloomberg News has this report.

Reuters reports that "U.S. appeals court won't rule on energy, mining companies' foreign payments."

And at "The BLT: The Blog of Legal Times," Jenna Greene has a post titled "D.C. Circuit Won't Hear Challenge to SEC Resource Rule -- Yet."

You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:30 AM by Howard Bashman



"AstraZeneca denied extended rights to antipsychotic drug": The Hill has this blog post reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 10:25 AM by Howard Bashman


"Oregon same-sex marriage ban unconstitutional, federal judge says in employee discrimination case": Bryan Denson of The Oregonian has an article that begins, "A federal appeals judge found this week in a bias complaint that federal and Oregon bans on same-sex marriages violate the U.S. Constitution." You can access the ruling at this link.
Posted at 10:18 AM by Howard Bashman


"Canadian Omar Khadr to appeal terrorism convictions": Today's edition of The Toronto Globe and Mail contains an article that begins, "Omar Khadr's plea-bargained guilty plea and conviction on murder, terrorism and spying charges will be appealed to a U.S. civilian federal court that has tossed out similar Guantanamo military tribunal convictions for two high-profile al-Qaeda defendants. If the appeal succeeds, Mr. Khadr could be freed immediately."
Posted at 09:54 AM by Howard Bashman


Friday, April 26, 2013

Should Senior Second Circuit Judge Pierre N. Leval recuse from deciding the appeal in The Authors Guild, Inc. v. Google, Inc.? Judge Leval has given the parties until today to file letters anonymously objecting to his participation in the case.
Posted at 10:48 PM by Howard Bashman


"Boston bombing interrogation: Will prosecutors have a Miranda problem? The government has cited public safety in its decision to question Dzhokhar Tsarnaev, the alleged Boston Marathon bomber, for 16 hours before reading him his Miranda rights; Legal experts differ on whether that's OK." Ron Scherer of The Christian Science Monitor has this report.

And online at Slate, law professor Patrick Weil has a jurisprudence essay titled "Citizen Bomber: Why can't Dzhokhar Tsarnaev be stripped of his citizenship? History."
Posted at 10:22 PM by Howard Bashman



"In force-feeding detainees, Obama has courts on his side": David Ingram and Jane Sutton of Reuters have this news analysis.

And Carol Rosenberg of The Miami Herald reports that "Some force-fed captives are cleared for release from Guantanamo."
Posted at 09:40 PM by Howard Bashman



"N.J. Supreme Court toughens rule on experts in medical malpractice cases": The Star-Ledger of Newark, New Jersey has an article that begins, "In a decision that could make it more difficult to sue for medical malpractice in New Jersey, the state Supreme Court ruled yesterday that doctors called as expert witnesses on a patient's behalf must hold the same credentials as the physicians accused of making a mistake."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 09:32 PM by Howard Bashman



"Appeals panel asks state Supreme Court to take up union bargaining law": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "An appeals panel asked the state Supreme Court on Thursday to quickly take up a case over Gov. Scott Walker's controversial law on collective bargaining, saying the high court should decide the issue without an appellate ruling on it."
Posted at 09:25 PM by Howard Bashman


"Va. Supreme Court to hear Va. Tech appeal aimed at Steger": The Associated Press has a report that begins, "In a reversal, the state Supreme Court has decided to hear arguments that Virginia Tech's president should be put on trial for his actions during the 2007 campus massacre."
Posted at 09:23 PM by Howard Bashman


"Trinity Students Meet Supreme Court Justice on D.C. Trip; Justice Samuel Anthony Alito, Jr., a former Trinity parent, answers students' questions about U.S. Supreme Court": The Caldwells Patch has this report.
Posted at 09:18 PM by Howard Bashman


"Tulsan whose criminal past took him to Supreme Court now charged in meth case": Today's edition of The Tulsa World contains this article.
Posted at 09:14 PM by Howard Bashman


"O'Connor questions court's decision to take Bush v. Gore; In interview at Tribune, retired justice also calls for merit selection of judges": This article will appear Saturday in The Chicago Tribune.
Posted at 08:50 PM by Howard Bashman


"Boston bombing case may take years to unfold": Michael Doyle of McClatchy Newspapers has an article that begins, "Boston Marathon bombing suspect Dzhokhar Tsarnaev faces the prospect of a long and tortuous legal road."
Posted at 08:12 PM by Howard Bashman


"When Clarence Thomas Wrote To George Jones": Melissa Block of NPR has this report.
Posted at 07:58 PM by Howard Bashman


"Obama and the Myth of Arm-Twisting": At the blog of The New York Review of Books, Elizabeth Drew has a post that begins, "The nonsense about what it takes for a president to win a victory in Congress has reached ridiculous dimensions."
Posted at 07:25 PM by Howard Bashman


"In Executive's Trade Secret Prosecution, a Company's Outsized Role": Vanessa Blum of The Recorder has an article that begins, "The trial of executive recruiter David Nosal for computer hacking and theft of trade secrets drew attention from many quarters."
Posted at 07:20 PM by Howard Bashman


"Guantanamo Military Commissions: Lessons Learned and the Way Forward -- A Book Discussion of 'The Terror Courts,' by Jess Bravin." The American Society of International Law hosted this event (online video) yesterday.
Posted at 07:15 PM by Howard Bashman


Programming note: Today I will be attending a day-long continuing legal education course. As a result, additional posts will appear here this evening.
Posted at 06:33 AM by Howard Bashman


Thursday, April 25, 2013

"Obama asks Supreme Court to uphold recess appointments; Court case could determine a president's authority to evade Senate confirmation when his appointments are being blocked": Richard Wolf of USA Today has this report.

Greg Stohr of Bloomberg News reports that "Obama Administration Asks High Court to Back Labor Picks."

And Ariane de Vogue of ABC News reports that "Obama Recess Appointment Case Comes to the Supreme Court."
Posted at 11:58 PM by Howard Bashman



"Iowa House conservatives want pay cut for justices in same-sex marriage decision": The Gazette of Cedar Rapids, Iowa has this report.
Posted at 11:54 PM by Howard Bashman


"Va. Supreme Court justice crossed finish line minutes before blast": CBS 6 WTVR in Richmond, Virginia has a report that begins, "A Virginia Supreme Court justice had a narrow escape running in the Boston Marathon."
Posted at 11:52 PM by Howard Bashman


"The Antitrust-Busters With Gavels: Lower courts are trying an end-run around the Supreme Court's consumer-friendly rulings; Utah Pie, anyone?" Law professors Daniel A. Crane and D. Daniel Sokol had this op-ed today in The Wall Street Journal.

You can freely access the full text of the op-ed via Google.
Posted at 11:46 PM by Howard Bashman



"What's the Best Jury Size? The Supreme Court rejected math before, but it's now possible to calculate the jurors and margins you need for justice." Dana Mackenzie has this essay online at Slate.
Posted at 11:35 PM by Howard Bashman


"Fed appeals court won't rule on secretive US agency's decision to pull security clearance": The Associated Press has a report that begins, "Decisions on whether to grant employees security clearance should be left up to the agencies assessing national security risks -- not the courts -- a federal appeals court ruled Thursday."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:26 PM by Howard Bashman



"Legal issues surround Boston suspect's questioning": Mark Sherman of The Associated Press has this report.
Posted at 06:12 PM by Howard Bashman


"Scalia challenges notion of Constitution as 'Living'": California News Service has this report.
Posted at 06:09 PM by Howard Bashman


"After Supreme Court GPS Ruling, Disparity in Lower Courts": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:05 PM by Howard Bashman


"Dzhokhar Tsarnaev Talked for 16 Hours Before He Was Read His Rights: That's too long." Emily Bazelon has this jurisprudence essay online at Slate.

And The Wall Street Journal has a news update headlined "Judge Made Miranda-Rights Call in Boston Bombing Case; FBI Wanted to Question Dzhokhar Tsarnaev Further Under Public-Safety Exception."
Posted at 03:33 PM by Howard Bashman



"Justice Dept. appeals recess case to Supreme Court": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Recess appointments defended." You can access the petition for writ of certiorari at this link.

Update: In other coverage, Lawrence Hurley of Reuters reports that "Obama asks Supreme Court to review appointments ruling."

And at Politico.com, Tal Kopan has a blog post titled "Administration asks Supreme Court to overturn recess-appointments decision."
Posted at 03:21 PM by Howard Bashman



"Appeals Court Ruling Favors Richard Prince in Copyright Case": The New York Times has a news update that begins, "The United States Court of Appeals for the Second Circuit has decided largely in favor of the artist Richard Prince in a closely watched copyright case, which has broad implications for the contemporary art world."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appropriation Artist Richard Prince Prevails Against Photographer at Appeals Court; In an important copyright ruling, the Second Circuit rules that most of the artist's use of Patrick Cariou's photographs was transformative."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:24 PM by Howard Bashman



"Federal Judge Refuses to Dismiss Supermax Abuse Lawsuits; Mentally ill prisoners at America's most famous prison win the day in court -- but still have a long way to go to get the relief they've requested": Andrew Cohen has this essay online at The Atlantic.
Posted at 01:18 PM by Howard Bashman


"Law Requiring Warrants for E-mail Wins Senate Committee Approval": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 01:17 PM by Howard Bashman


"State's high court won't review Fremont County fetus case": Tuesday's edition of The Pueblo Chieftain contained an article that begins, "The Colorado Supreme Court will not take up a Fremont County case that could have determined whether unborn fetuses are recognized as persons under Colorado law."
Posted at 09:00 AM by Howard Bashman


"Korematsu and the dangers of waiving constitutional rights": Columnist George F. Will has this op-ed in The Washington Post.
Posted at 08:55 AM by Howard Bashman


"Leach's Supreme Court candidate list stirs ire in GOP quarters": At the "Harrisburg Politics" blog of Philly.com, Amy Worden has a post that begins, "The ranking Democrat on the Senate Judiciary Committee did something no other lawmaker has done publicly: he offered the governor his list of 'confirmable' nominees for the Pennsylvania Supreme Court."
Posted at 08:52 AM by Howard Bashman


"What's the Most Important Supreme Court Case No One's Ever Heard Of?" The Atlantic has asked the experts.
Posted at 08:24 AM by Howard Bashman


"Woman ordered to remove veil to testify in rape case; No way to accommodate both religious beliefs and right to fair trial, judge says": The Canadian Press has this report.

National Post has an article headlined "After years and a sharply divided supreme court decision, judge rules woman must remove niqab to testify."

And today's edition of The Toronto Globe and Mail contains an editorial titled "Removing the niqab is a bona fide requirement in court."
Posted at 08:20 AM by Howard Bashman



"Updating an E-Mail Law From the Last Century": This article appears today in The New York Times.
Posted at 08:05 AM by Howard Bashman


"Nosal Found Guilty in Trade Secret Case": Vanessa Blum of The Recorder has this report.

Bob Egelko of The San Francisco Chronicle reports that "Man convicted of stealing Korn/Ferry data."

Bloomberg News reports that "Ex-Korn/Ferry Executive Convicted of Trade-Secret Theft."

The Verge reports that "'Hacker' convicted by US court despite never hacking."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Exec Recruiter Nosal Convicted in Trade Secret Theft."
Posted at 08:03 AM by Howard Bashman



Wednesday, April 24, 2013

"Despair Drives Guantanamo Detainees to Revolt": Charlie Savage will have this article Thursday in The New York Times.
Posted at 09:57 PM by Howard Bashman


"Once Under Wraps, Supreme Court Audio Trove Now Online": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:05 PM by Howard Bashman


Good time was not had by all: Not only is being held as an enemy combatant no fun, but it also does not entitle the former detainee to good time credit against a subsequently imposed federal criminal sentence, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit held in a ruling issued today.

On the losing side of today's ruling is Ali Saleh Kahlah al-Marri, who is currently serving a 100-month federal sentence at ADX-Florence (more information available here, here, here, here, and here) for conspiracy to provide material support or resources to a foreign terrorist organization (al-Qaeda).
Posted at 07:32 PM by Howard Bashman



"Ninth Circuit Judge M. Margaret McKeown to Lead Federal Judges Association": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.

Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "McKeown Named Federal Judges Association President."
Posted at 07:10 PM by Howard Bashman



"Pa. high court settles shale gas rights question": The Associated Press has a report that begins, "Pennsylvania's Supreme Court is reinforcing long-standing case law on mineral rights that has guided the natural gas industry since it began exploring the Marcellus Shale formation."

Today's ruling of the Supreme Court of Pennsylvania consists of the opinion of the court and a concurring opinion.
Posted at 06:18 PM by Howard Bashman



"Military Declassifies Motion To Declassify Guantanamo Detainees' Thoughts On Torture": Ryan J. Reilly of The Huffington Post has this report.
Posted at 05:58 PM by Howard Bashman


"Man Convicted of Hacking Despite Not Hacking": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 05:12 PM by Howard Bashman


"The United States Can't Be the World's Courthouse: Why the Supreme Court just killed off a whole category of human rights suits." Law professor Eric Posner has this essay online at Slate.
Posted at 04:15 PM by Howard Bashman


"Argument recap: Who makes law?" Lyle Denniston has this post at "SCOTUSblog."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Metrish v. Lancaster, No. 12-547.
Posted at 03:54 PM by Howard Bashman



"Court seems split on doctor's discrimination suit": Jesse J. Holland of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in University of Tex. Southwestern Medical Center v. Nassar, No. 12-484.
Posted at 03:52 PM by Howard Bashman



"Military tribunals don't work": Columnist Dana Milbank of The Washington Post has this op-ed.
Posted at 02:00 PM by Howard Bashman


"Is This the Supreme Court's Next Big Economic Liberty Case?" Damon W. Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 01:55 PM by Howard Bashman


"Caught in the System, Ex-Hacker Is Stalked by His Past": Kim Zetter has this post today at Wired.com's "Threat Level" blog.
Posted at 01:54 PM by Howard Bashman


"Circuit Judge Gets Quick Confirmation": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 01:34 PM by Howard Bashman


"Bad Supreme Court decision for Lewis & Clark: 200 wiseguy words." Columnist David Sarasohn of The Oregonian has this essay.
Posted at 01:30 PM by Howard Bashman


"Blogger, Federal Judge, Supreme Court Critic": Ashby Jones has this post (subscription required for full access) today at WSJ.com's "Law Blog."
Posted at 01:27 PM by Howard Bashman


"Supreme Court watchers keeping an eye on Justice Ruth Bader Ginsburg's possible retirement": Cheryl K. Chumley of The Washington Times has this report.
Posted at 01:24 PM by Howard Bashman


By a vote of 96-to-0, the U.S. Senate has confirmed Jane Kelly of Iowa to serve on the U.S. Court of Appeals for the Eighth Circuit: The official roll call vote tally can be accessed here.
Posted at 01:05 PM by Howard Bashman


"Only judges may make decisions in child custody cases." Yesterday, the Supreme Court of Pennsylvania issued an order adopting a new Pennsylvania Rule of Civil Procedure that will eliminate the use of parent coordinators in child custody cases.

On December 31, 2008, a former client of mine lost his appeal challenging the legality of parent coordinators under Pennsylvania law. Although that battle was lost, the war (as they say) appears to have been won.
Posted at 12:20 PM by Howard Bashman



In today's mail: I received a pre-release copy of Marcia Coyle's new book, "The Roberts Court: The Struggle for the Constitution," signed by the author and containing a short, personalized note. I was already very much looking forward to reading this book. Thus far, no extra give-away copy of the book has arrived, but stay tuned!
Posted at 12:12 PM by Howard Bashman


"Military says Guantanamo hunger strike grows again": Carol Rosenberg of The Miami Herald has this report.

And Ryan J. Reilly of The Huffington Post reports that "Guantanamo Hunger Strike Grows To 92 Detainees, Military Says."
Posted at 11:20 AM by Howard Bashman



"How Appealing" book give-away wrap-up -- we have a winner! Thanks so very much to those readers who submitted entries for this blog's current book give-away for a chance to receive my extra copy of Laurence Leamer's new book, "The Price of Justice: A True Story of Greed and Corruption."

Each entrant in the contest submitted a compelling argument for receiving the book, making me wish that I had more than one copy to give away. The winner of the contest works as an attorney at a federal public defender's office located within the U.S. Court of Appeals for the Tenth Circuit. Because of federal budget constraints, the winner has additional spare time resulting from work furloughs but less money available for discretionary spending to put toward pleasure reading.

Speaking of which, yesterday at his blog "Hercules and the Umpire," Senior U.S. District Judge Richard G. Kopf had a furlough-related post titled "Congress is herewith warned."
Posted at 10:35 AM by Howard Bashman



"The frequent irrelevancy of the Supreme Court": Senior U.S. District Judge Richard G. Kopf, who has been generating lots of interesting content recently at his blog "Hercules and the Umpire," has this post today.
Posted at 10:20 AM by Howard Bashman


"Circuit Split Watch: Will the Court Bury Casket Cases?" Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 09:42 AM by Howard Bashman


"In circuit split, court says inherited IRA fair game in bankruptcy": Reuters has this report.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 08:50 AM by Howard Bashman



"Supreme Court justices tread murky waters in Texas-Oklahoma dispute": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:46 AM by Howard Bashman


"Executing the Mentally Handicapped Is Illegal -- Except When It Isn't; In spite of the Supreme Court's 2002 ban on such executions, Warren Hill, a convicted murder whom all experts now agree is mentally retarded, once again faces lethal injection": Andrew Cohen has this essay online at The Atlantic.
Posted at 08:45 AM by Howard Bashman


"Edward de Grazia, Lawyer Who Fought Censorship of Books, Is Dead at 86": This obituary appears today in The New York Times.
Posted at 08:42 AM by Howard Bashman


"What If They Treated Gene Patents Like Nautical Charts?" Daniel Fisher has this post at Forbes.com.
Posted at 08:40 AM by Howard Bashman


Tuesday, April 23, 2013

"Supreme Court Scrutinizes Inmate's Challenge To Provision In Death Penalty Repeal; Justice Asks Attorney: You Could End Up Winning This Battle But Losing The War, Right?" Alaine Griffin will have this article Wednesday in The Hartford Courant.

And The Connecticut Law Tribune reports that "State Supreme Court Hears Arguments Against Retroactive Use Of Death Penalty."

You can access the video of today's order argument before the Supreme Court of Connecticut at this link.
Posted at 11:14 PM by Howard Bashman



"High court: Minor pot offenses need not mean mandatory deportation." Robert Barnes will have this article Wednesday in The Washington Post.

David G. Savage of The Los Angeles Times reports that "Justices give break to legal immigrants convicted of pot possession."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Justices Say U.S. Improperly Deported Man Over Marijuana" featuring Nina Totenberg.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Easing a severe drug law."
Posted at 10:08 PM by Howard Bashman



"Argument preview: Taking away a defense to crime." Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:54 PM by Howard Bashman


"John Roberts on Computer Crime Legislation (1984)": Law professor Kyle Graham has this post today at his blog, "noncuratlex.com."
Posted at 09:20 PM by Howard Bashman


"Court Upholds School's Use of 'Timeout Room'": At the "School Law" blog of Education Week, Mark Walsh has this post reporting on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 04:35 PM by Howard Bashman


"Court Rules for Immigrant in Deportation Case Over Drug Offense": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 04:11 PM by Howard Bashman


"Appeals court backs EPA in battle over retroactive veto of Clean Water Act permit": Manuel Quinones of Greenwire has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 03:42 PM by Howard Bashman


"Argument recap: Killing an argument in one easy blow." Lyle Denniston has this post at "SCOTUSblog."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Sekhar v. United States, No. 12-357.
Posted at 03:40 PM by Howard Bashman



"Oklahoma-Texas water dispute at high court": Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "Supreme Court justices tackle Texas-Oklahoma water fight."

Richard Wolf of USA Today reports that "Texas-Oklahoma water fight could wash over West."

And Jeremy P. Jacobs of Greenwire reports that "Justices struggle with interstate compact at heart of Texas-Okla. water war."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Tarrant Regional Water Dist. v. Herrmann, No. 11-889.
Posted at 03:38 PM by Howard Bashman



Retired Justice David H. Souter rejects adult entertainment establishment's First Amendment challenge to zoning ordinances of City of Fall River, Mass. You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 02:11 PM by Howard Bashman


"Court to review overturned terror conviction": The Associated Press has a report that begins, "A federal appeals court is taking another look at a three-judge panel's decision to overturn the military commission conviction of an alleged al-Qaida propagandist."

And at the "Lawfare" blog, Wells Bennett and Benjamin Wittes have a post titled "Breaking News: D.C. Circuit Grants En Banc Rehearing in Al-Bahlul."

You can access today's order of the U.S. Court of Appeals for the D.C. Circuit granting rehearing en banc at this link.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Congress's war crimes power at issue."
Posted at 01:40 PM by Howard Bashman



Seventh Circuit creates circuit split on whether a non-spousal inherited individual retirement account is exempt from creditors' claims in bankruptcy: Chief Judge Frank H. Easterbrook issued today's opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:30 PM by Howard Bashman


"Founding Firearms": In the May/June 2013 issue of Boston Review, law professor Pamela S. Karlan has an essay that begins, "The idea that the meaning of a constitutional provision is frozen at the moment of its ratification -- and that its meaning can be discerned and applied to contemporary controversies in an incontestable manner -- lies at the heart of arguments for originalism, an interpretive method Supreme Court Justice Antonin Scalia has spent his career championing."
Posted at 12:58 PM by Howard Bashman


"Appeals Court Lifts Stay of Execution for Warren Lee Hill": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

Update: In other coverage, Bill Rankin of The Atlanta Journal-Constitution has a news update headlined "Court lifts execution stay; state out of lethal-injection drugs."
Posted at 11:02 AM by Howard Bashman



Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Sonia Sotomayor delivered the opinion of the Court in Moncrieffe v. Holder, 11-702. Justices Clarence Thomas and Samuel A. Alito, Jr. issued dissenting opinions. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court limits deportations over marijuana crimes."

Update: In other coverage, Lawrence Hurley of Reuters reports that "Justices say marijuana possession not a deportable offense."
Posted at 10:09 AM by Howard Bashman



"What is the Supreme Court? Why was it established in 2009? And what issues does it hear about?" The Supreme Court of the United Kingdom has posted online an introductory film "primarily aimed at GSCE/Standard Grade students."
Posted at 09:00 AM by Howard Bashman


"The Case Against Dzhokhar Tsarnaev: A Guide." Jeffrey Toobin has this blog post online today at The New Yorker.

Online at The Atlantic, Adam Goodman has an essay titled "How the Media Have Misunderstood Dzhokhar Tsarnaev's Miranda Rights: A primer on Miranda and the public-safety exception." And Andrew Cohen has an essay titled "Tsarnaev's Now Been Charged: Five Questions, Five Answers; Understanding what happened today and what comes next for the Boston bombing suspect."

And at Slate, Emily Bazelon has a jurisprudence essay titled "Of Course Dzhokhar Tsarnaev Is Not an Enemy Combatant; John McCain and Lindsey Graham's ludicrous, harmful campaign to get him declared one."
Posted at 08:57 AM by Howard Bashman



"JPMorgan's huge win vs Dexia could be undone by Edge Act ruling": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 08:52 AM by Howard Bashman


"New Mexico Horse Meat Facility Moves a Step Closer to Operation": This article appears today in The New York Times.
Posted at 08:49 AM by Howard Bashman


"Justices Weigh Conditions In Awarding U.S. Grants": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court weighs restrictions that Congress can impose on groups it funds."

In today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court weighs 'loyalty oaths' for groups fighting AIDS; The groups object to having to explicitly oppose prostitution and sexual trafficking in order to receive U.S. aid."

In today's edition of The Wall Street Journal, Jess Bravin reports that "Justices Weigh Conditions on Funding for Aid Groups."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Weigh Speech Rights For Groups Getting U.S. Funds."
Posted at 08:40 AM by Howard Bashman



Monday, April 22, 2013

"'Times' hires Jesse Wegman as editorial-board writer on law, Supreme Court": Joe Pompeo of Capital New York has this report on the person hired to replace the departing Lincoln Caplan at The New York Times.
Posted at 08:52 PM by Howard Bashman


"What If Dzhokhar Tsarnaev Decides Not to Talk? The police should be able to use all civilized means to make him -- as the Fifth Amendment should allow." Law professor Akhil Reed Amar has this jurisprudence essay online at Slate.
Posted at 05:56 PM by Howard Bashman


"High court aims to balance AIDS, sex trafficking fights; Two worthy goals collide in court as justices consider free speech rights, conditions on funding": Richard Wolf of USA Today has this report.
Posted at 05:54 PM by Howard Bashman


"Mirandizing Terrorists? An Empirical Analysis of the Public Safety Exception." Joanna Wright, a recent graduate of Columbia Law School who is now clerking for a judge serving on the U.S. Court of Appeals for the Seventh Circuit, had this student note (also available via SSRN) published in 2011 in the Columbia Law Review.
Posted at 04:58 PM by Howard Bashman


"Justices leave ruling against Occidental over rainforest pollution in place": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:42 PM by Howard Bashman


20 hours remain to enter the current "How Appealing" book give-away: Details can be found in this post from last Friday night.
Posted at 04:01 PM by Howard Bashman


"Circuit Cites Conflict of Interest, Invalidates $45 Million Class Settlement": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Court throws out settlement with credit-reporting agencies."
Posted at 03:02 PM by Howard Bashman



"D.C. Circuit leaves no easy out for Hungary in Nazi art recovery suit": 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 D.C. Circuit issued last Friday.
Posted at 03:00 PM by Howard Bashman


"High court weighs dispute over AIDS funding": Mark Sherman of The Associated Press has this report.

Greg Stohr of Bloomberg News reports that "Anti-Prostitution Rule Questioned by U.S. Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Anxiously seeking simplicity."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Agency for Int'l Development v. Alliance for Open Society Int'l, Inc., No. 12-10.

Update: In other coverage, Lawrence Hurley of Reuters reports that "Supreme Court justices conflicted over AIDS funding case."
Posted at 02:44 PM by Howard Bashman



"The New Law We Need in Order to Deal With Dzhokhar Tsarnaev: Congress should authorize the isolation and detention of suspected terrorists." Law professor Eric Posner has this essay online at Slate.
Posted at 02:24 PM by Howard Bashman


"The Constitutional Flaws of the Indian Child Welfare Act: The Supreme Court weighs a contentious dispute over adoption, Indian lineage, and child welfare." Walter Olson has this essay online today at Reason.
Posted at 01:35 PM by Howard Bashman


"Hacking Trial Devoid of Hacking Awaits Jury Verdict": Today at Wired.com's "Threat Level" blog, David Kravets has a post that begins, "The same hacking statute internet sensation Aaron Swartz was being prosecuted under until his January suicide is quietly being tested in a San Francisco federal courtroom -- to little fanfare in a case devoid of hacking in the traditional sense."
Posted at 01:20 PM by Howard Bashman


"AIG beats Bank of America by a comma in removal dispute": Jonathan Stempel of Reuters has this article reporting on a ruling that the U.S. Court of Appeals for the Second Circuit issued last Friday.
Posted at 10:54 AM by Howard Bashman


"Why Is Congress Trying to Make Our Internet Abuse Laws Worse, not Better? The Computer Fraud and Abuse Act is too vague and broad to make sense in an increasingly computer-mediated world; Yet legislators don't seem to get it." Law professors Orin Kerr and Lawrence Lessig have this essay online at The Atlantic.
Posted at 10:50 AM by Howard Bashman


"Do You Have the Right to Remain Silent? The Obama administration's radical view of Miranda rights was in place well before Boston." Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 10:48 AM by Howard Bashman


"YaleWomen conference unites alumnae": Today's edition of The Yale Daily News contains an article that begins, "Supreme Court Justice Sonia Sotomayor LAW '79 told a ballroom packed with around 425 women about her grueling work ethic, the importance of not being limited by personal circumstance and even her occasional feelings of inadequacy despite her successes."
Posted at 10:10 AM by Howard Bashman


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

Update: In early news coverage, Greg Stohr of Bloomberg News reports that "Rio Tinto Gets New Hearing in Bid to End Genocide Lawsuit" and "Tobacco Industry Spurned by Top Court on Package Warnings."

The Associated Press reports that "High court to look at Daimler appeal"; "Court won't stop judges from getting raises"; and "High court rejects tobacco marketing appeal."

Lawrence Hurley of Reuters reports that "Top court agrees to hear Daimler human rights case"; "High court declines to hear judicial pay case"; and "Justices decline to hear challenge to tobacco law."

And at "SCOTUSblog," Lyle Denniston has a post titled "New case on foreign corporations."
Posted at 09:33 AM by Howard Bashman



"Should Bombing Suspect Be Treated As An Enemy Combatant?" This audio segment appears on today's broadcast of NPR's "Morning Edition."

Bloomberg News reports that "Boston Bombing's Brutality No Guarantee of Death Penalty."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: Are there limits on questioning a bombing suspect?"
Posted at 08:30 AM by Howard Bashman



"Topekan honors twins with tattoo; Current 'sperm donor' case drudges up memories for Daryl Hendrix": Ann Marie Bush of The Capital-Journal of Topeka, Kansas has an article that begins, "The U.S. Supreme Court five years ago sided with the Kansas high court that Topekan Daryl Hendrix couldn't be a part of the lives of two children conceived by artificial insemination using his sperm."
Posted at 08:27 AM by Howard Bashman


"Stream the High Court": Doug Kendall has this letter to the editor in today's edition of The New York Times.
Posted at 08:25 AM by Howard Bashman


"Fights against AIDS, sex traffic collide at high court; Does requiring groups fighting HIV/AIDS to oppose prostitution violate the right to free speech?" Richard Wolf has this article today in USA Today.
Posted at 08:24 AM by Howard Bashman


"Water Rights Tear at an Indian Reservation": This article appears today in The New York Times.
Posted at 08:22 AM by Howard Bashman


Sunday, April 21, 2013

"Texas water fight could have implications for Utah and thirsty West": The Deseret News has an article that begins, "The U.S. Supreme Court is set to hear arguments Tuesday in a case that could have implications for states that rely on interstate water compacts."
Posted at 10:44 PM by Howard Bashman


"Supreme Court to hear arguments on 'prostitution pledge'": Cheryl Wetzstein of The Washington Times has this report.
Posted at 10:40 PM by Howard Bashman


"Law school dean regrets 'censorship' of Chief Justice Roberts visit": Robert Barnes will have this article Monday in The Washington Post.

The Oregonian reported Friday that "Student journalists chastise Lewis & Clark College for holding up story on Chief Justice John Roberts' visit."

And earlier on Friday, the editor-In-chief and sports editor of The Daily Pioneer, the student newspaper of Lewis & Clark College, posted online an essay titled "Four days of prior restraint: A call for journalism at Lewis & Clark."
Posted at 10:34 PM by Howard Bashman



"G.O.P. Lawmakers Push to Have Boston Suspect Questioned as Enemy Combatant": Charlie Savage will have this article Monday in The New York Times.

Michael Doyle of McClatchy Newspapers reports that "Bombing suspect still hospitalized as battle brews over his right to remain silent."

And Carol Rosenberg of The Miami Herald has an article headlined "Boston Marathon bombing suspect: enemy combatant or common criminal?"
Posted at 10:20 PM by Howard Bashman



"Judge: Criticized conference won't be back for years." The Maui News yesterday posted online an article that begins, "Richard Clifton, a judge on the U.S. Court of Appeals, believes Maui will host another 9th Circuit Judicial Conference in four to six years, but he's not optimistic about it happening sooner."

At her blog "Record on Appeal," Rebecca A. Copeland has a post titled "Ninth Circuit Judge Richard Clifton's Practice Pointers and Other Tips on Brief Writing and Oral Arguments." And via YouTube, you can access related video at this link.
Posted at 03:27 PM by Howard Bashman



"Thirsty States Take Water Battle To Supreme Court": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 03:14 PM by Howard Bashman


"Lawmakers Push for Federal Trial of Boston Suspect": The New York Times has this news update. And today's newspaper contains an article headlined "Legal Questions Riddle Boston Marathon Case."

Today's broadcast of NPR's "Weekend Edition Sunday" had an audio segment titled "Concerns Raised With Legal Issues In Bombing Case."

And at Politico.com, Josh Gerstein has an article headlined "Next for Boston Marathon suspect: 5 legal questions."
Posted at 03:09 PM by Howard Bashman



"Gene Patents Are Sabotaging the Future of Medicine": Daniela Hernandez has this blog post at Wired.com.
Posted at 01:55 PM by Howard Bashman


"After months of speculation, Eisgruber '83 named next Princeton president": The Daily Princetonian has this news update.

Update: Later, The Princetonian posted online an article headlined "New president brings broad background in law, public service, academia."
Posted at 01:36 PM by Howard Bashman



"Under the U.S. Supreme Court: Can companies patent genes?" Michael Kirkland of UPI has this report.
Posted at 10:28 AM by Howard Bashman


Saturday, April 20, 2013

"Nearly half of Guantanamo prisoners now on hunger strike; A prison spokesman says 77 of the 166 captives had missed enough meals or become malnourished enough to meet the detention-center definition of a hunger strike": Carol Rosenberg of The Miami Herald has this report.
Posted at 02:10 PM by Howard Bashman


"Pennsylvania Supreme Court opening could empower Senate Democrats": This article appeared yesterday in The Pittsburgh Tribune-Review.
Posted at 01:12 PM by Howard Bashman


"Banned by Moscow, and Proud of It: Old-style Russian moral equivalence is the latest chapter in the sad case of Sergei Magnitsky." In yesterday's edition of The Wall Street Journal, law professor John Yoo had an op-ed that begins, "Some kids dream of winning the World Series, others of going to outer space. I dreamed of being declared persona non grata by Moscow."

You can freely access the full text of the op-ed via Google News.
Posted at 09:24 AM by Howard Bashman



"British Institutions: The Supreme Court; The most striking fact about this place is its informality; Grandeur and remoteness have been swept away." In FT Magazine of The Financial Times, Matthew Engel has this article.
Posted at 09:17 AM by Howard Bashman


"After 121-year absence, appeals court comes to Syracuse": The Post-Standard of Syracuse, New York yesterday posted online a report that begins, "A federal courtroom was standing-room-only this morning for the first-ever arguments in Syracuse before the 2nd U.S. Circuit Court of Appeals."
Posted at 09:14 AM by Howard Bashman


"Military Says Hunger Strike by Detainees Is Growing": Charlie Savage has this article today in The New York Times.
Posted at 09:06 AM by Howard Bashman


"Why Should I Care That No One's Reading Dzhokhar Tsarnaev His Miranda Rights? When the law gets bent out of shape for him, it's easier to bend out of shape of the rest of us." Emily Bazelon has this jurisprudence essay online at Slate.

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Tsarnaev and Miranda Rights."
Posted at 09:03 AM by Howard Bashman



"Argument preview: He who pays the piper . . ." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:00 AM by Howard Bashman


Friday, April 19, 2013

"U.S. Truckers Lose Mexican Cross-Border Delivery Appeal": Bloomberg News has this report.

And The Associated Press reports that "Court turns down lawsuits against Mexican trucks."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:20 PM by Howard Bashman



"Virginia court says Caperton lawsuit against former Massey Coal can proceed": This article appears today in The Charleston (W. Va.) Gazette.

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report headlined "Virginia Supreme Court revives epic suit against Massey Coal."

You can access yesterday's ruling of the Supreme Court of Virginia at this link.

On a somewhat related note, in today's mail I received a second advance review copy of Laurence Leamer's new book, "The Price of Justice: A True Story of Greed and Corruption." As a result, it's time for another "How Appealing" book give-away. The rules remain the same as before:

(1) This offer is open only to individuals who have a mailing address in the United States; (2) If you want the book, you must send me an email explaining why you want the book; (3) The person whom I choose to receive the book will have the opportunity to email me a two-paragraph review of the book due not later than 30 days after receiving the book, which I may choose to publish at "How Appealing" together with the reviewer's name or (at a minimum) a description of the reviewer's relevant qualifications; and (4) The person whom I choose to receive the book will need to provide me with his or her name and mailing address, either in the original email or in response to my email advising that he or she has been selected to receive the book. This book apparently will be sold at retail for $30.00, and it will be mailed free of charge to the winner of this give-away.

Any reader who is interested in receiving this book should send me an email that arrives at my blog's email account (appellateblog@hotmail.com) between now and noon eastern time on Tuesday, April 23, 2013. The selection of a recipient will be within the sole discretion of this blog's author, and no appeals or original writs will be entertained.
Posted at 09:00 PM by Howard Bashman



"Terrorism Comes to Cambridge": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 05:28 PM by Howard Bashman


In posts of interest at "The BLT: The Blog of Legal Times." Todd Ruger has a post titled "Study Finds Shared Blame for Judicial Vacancies."

And Mike Scarcella has a post titled "U.S. Supreme Court Visitor Presses False Arrest Case."
Posted at 04:18 PM by Howard Bashman



"Industry seeks Supreme Court review of landmark GHG ruling": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:02 PM by Howard Bashman


"Court guilty of age denial?" Yesterday's edition of The Philadelphia Inquirer contained an editorial that begins, "In an age of long-term unemployment, crippled investments, and actuarial uncertainty, many Americans have discovered that they no longer get to choose their own retirement date. But the justices of the Pennsylvania Supreme Court will have none of that."

And in Monday's edition of The Philadelphia Daily News, columnist John Baer had an essay titled "This Case for the Ages should be dropped."
Posted at 02:48 PM by Howard Bashman



"Could We Have Foreseen the Boston Attack?" Jeffrey Toobin has this blog post online at The New Yorker.
Posted at 02:40 PM by Howard Bashman


"U.S. Supreme Court deciding today if it will hear Alabama immigration law case": The Huntsville Times has this report.
Posted at 01:03 PM by Howard Bashman


Thursday, April 18, 2013

"Justice Scalia, 'Originalism' and Homosexuality": Law professor Geoffrey R. Stone has this blog entry at The Huffington Post.
Posted at 06:00 PM by Howard Bashman


"On Anthony Lewis (1927-2013)": Law professor David Cole will have this essay in the May 9, 2013 issue of The New York Review of Books.
Posted at 05:58 PM by Howard Bashman


Access online the contents of the April 2013 issue of The Harvard Law Review: Via this link.
Posted at 04:05 PM by Howard Bashman


"What's Behind all Those Judicial Vacancies Without Nominees?" Russell Wheeler ofThe Brookings Institution has this report. You can access Wheeler's complete paper at this link.
Posted at 04:02 PM by Howard Bashman


Justice Elena Kagan is among those listed in "The 2013 TIME 100": Retired Justice Sandra Day O'Connor is the author of Justice Kagan's entry.
Posted at 03:25 PM by Howard Bashman


In today's mail: I received an advance review copy of Laurence Leamer's new book, "The Price of Justice: A True Story of Greed and Corruption."
Posted at 03:18 PM by Howard Bashman


Access online the contents of the April 2013 issue of The Yale Law Journal: Via this link.
Posted at 02:30 PM by Howard Bashman


"New Mexico Gay Marriage Lawsuit May End Couple's Decade in Limbo": Bloomberg News has this report.
Posted at 01:32 PM by Howard Bashman


"O'Connor's Regrets": Former U.S. Representative Barny Frank (D-Mass.) will have this letter to the editor in the next issue of the Sunday Book Review section of The New York Times.
Posted at 01:04 PM by Howard Bashman


"SCOTUSblog" on the verge of receiving U.S. Supreme Court press credentials: Tom Goldstein has this post today.
Posted at 11:10 AM by Howard Bashman


"Supreme Court denial of cert in Glaxo case could prompt new suits": Reuters has this report.
Posted at 11:07 AM by Howard Bashman


"Trump School Must Show Malice to Prove Defamation in Suit": Karen Gullo of Bloomberg News has this report.

The Associated Press reports that "Court tosses Trump U's defamation claims."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Defamation Case Trumped."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:32 AM by Howard Bashman



"Native American tribes challenge NLRB jurisdiction": Amanda Becker of Reuters has this report.
Posted at 09:27 AM by Howard Bashman


"Constitution Check: Is the hunger strike at Guantanamo Bay beyond court review?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.

And Carol Rosenberg of The Miami Herald reports that "Almost a third of Guantanamo captives now considered hunger strikers."
Posted at 09:02 AM by Howard Bashman



"Supreme Court Urged to Correct Korematsu Decision": Tony Mauro of The National Law Journal has this report (free registration required for full access).
Posted at 08:54 AM by Howard Bashman


"'Gay therapy' ban may get judges' support": Bob Egelko has this article today in The San Francisco Chronicle.

Today's edition of The New York Times contains an article headlined "Court Hears Gay 'Conversion Therapy' Arguments."

Maura Dolan of The Los Angeles Times reports that "9th Circuit hears arguments on therapy aimed at converting gays."

Karen Gullo of Bloomberg News reports that "California Seeks to Enforce Ban on Gay Conversion Therapy."

The Associated Press reports that "Appeals court hears challenge to gay therapy ban."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Should Gay Conversion Therapy be Legal?"

By clicking on the case names, you can access online the audio of yesterday's Ninth Circuit oral arguments in Pickup v. Brown and Welch v. Brown.
Posted at 08:36 AM by Howard Bashman



Wednesday, April 17, 2013

"At Supreme Court, suspect's silence speaks volumes; A Texas murder case hinged on one question that went unanswered; Now it could give new meaning to the Fifth Amendment's right to remain silent": Richard Wolf of USA Today has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Reading silence's meaning."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Salinas v. Texas, No. 12-246.
Posted at 10:42 PM by Howard Bashman



"Ron Johnson and Tammy Baldwin reach deal on nominating federal judges": Craig Gilbert has this post at the "All Politics Blog" of The Milwaukee Journal Sentinel.
Posted at 10:32 PM by Howard Bashman


"If (and when?) confirmed, will Judge William Pryor champion federalism concerns within the US Sentencing Commission?" Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog.
Posted at 10:25 PM by Howard Bashman


"TV Broadcasters Petition for En Banc Review of Aereo Ruling": Lisa Shuchman of Corporate Counsel has this report.
Posted at 10:15 PM by Howard Bashman


"Supreme Court limits warrantless blood tests for drunken driving suspects": Robert Barnes of The Washington Post has this news update.

Richard Wolf of USA Today reports that "High court wants warrants before testing drivers' blood; But justices are willing to consider warrantless blood tests in some cases, citing drunken driving statistics and dissipation of blood-alcohol levels."

And NPR's Nina Totenberg has a blog post titled "Supreme Court Backs Warrants For Blood Tests In DUI Cases."
Posted at 10:11 PM by Howard Bashman



"Of Judges and Judging": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:32 PM by Howard Bashman


"Vanishing files delay Guantanamo hearings in 9/11 case": Jane Sutton of Reuters has this report.
Posted at 04:20 PM by Howard Bashman


"Court considers California ban on gay conversion therapy": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court on Wednesday tussled with the legality of California's unprecedented ban on gay conversion therapy for minors, suggesting it could be upheld despite reservations about the free speech rights of counselors who support the practice."

Once the U.S. Court of Appeals for the Ninth Circuit posts online the audio of today's oral argument, I will link to it.
Posted at 04:00 PM by Howard Bashman



"Court Rules Warrants Are Needed to Draw Blood in Drunken-Driving Cases": Adam Liptak of The New York Times has this news update.

And Lawrence Hurley of Reuters reports that "Justices limit police power in drunken driver stops."

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Limit on DUI blood testing."
Posted at 03:37 PM by Howard Bashman



"Justices Bar U.S. Suit in Nigerian Human Rights Case": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court limits civil lawsuits alleging atrocities committed abroad."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court blocks overseas human rights cases from U.S. courts."

Richard Wolf of USA Today reports that "Justices close U.S. courts to foreign human rights cases; Justices' unanimous ruling closes courthouse doors to most cases with no direct connection to the United States, despite protests from human rights groups."

Lawrence Hurley of Reuters reports that "Rights questions remain in top court ruling for Shell."

Bill Mears of CNN.com reports that "Justices back corporations in overseas abuses case."

Jeremy P. Jacobs of Greenwire reports that "Justices back Royal Dutch Shell in landmark human rights case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Backing off of human rights cases."
Posted at 03:30 PM 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 Sonia Sotomayor announced the judgment of the Court and delivered the opinion of the Court in large measure in Missouri v. McNeely, No. 11-1425. Justice Anthony M. Kennedy issued an opinion concurring in part. Chief Justice John G. Roberts, Jr. issued an opinion concurring in part and dissenting in part, in which Justices Stephen G. Breyer and Samuel A. Alito, Jr. joined. And Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. And Chief Justice Roberts delivered the opinion of the Court in Kiobel v. Royal Dutch Shell Co., No. 10-1491. Justice Kennedy issued a concurring opinion. Justice Alito issued a concurring opinion, in which Justice Thomas joined. And Justice Breyer issued an opinion concurring in the judgment, in which Justices Ruth Bader Ginsburg, Sotomayor, and Elena Kagan joined. You can access the reargument of the case from earlier this Term via this link.

Update: In early news coverage, Greg Stohr of Bloomberg News reports that "Companies Shielded as U.S. Court Cuts Human-Rights Suits" and "Forced Blood Tests Often Need Warrant, U.S. Court Says."

The Associated Press reports that "High court limits suits over foreign abuses" and "Court rejects routine no-warrant DUI blood tests."
Posted at 10:07 AM by Howard Bashman



"Expert Testimony Restored": Inside Higher Ed has a report that begins, "A federal appeals court on Tuesday reinstated a former student's negligence lawsuit against Carthage College, saying that a lower court had incorrectly deemed an expert witness's testimony to be inadmissible."

You can access yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 08:46 AM by Howard Bashman



"U.S. Supreme Court rules against nurse in wage-and-hour case": Amanda Becker of Reuters has this report.

And Lyle Denniston of "SCOTUSblog" has a post titled "Opinion recap: A 'pick off' strategy works."
Posted at 08:34 AM by Howard Bashman



"High court says health plan terms prevail in ERISA case": Terry Baynes of Reuters has this report.
Posted at 08:32 AM by Howard Bashman


"Circuit Rejects Most Allegations Overseas Groups Aided al Qaeda": Mark Hamblett of New York Law Journal has this report.

And The Associated Press reports that "NY court spares bin Laden family from lawsuits."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:30 AM by Howard Bashman



"Suit Seeks to Block Arkansas Abortion Law": This article appears today in The New York Times.

And in related news, The Associated Press reports that "North Dakota governor signs 'fetal pain' measure."
Posted at 08:25 AM by Howard Bashman



"Wal-Mart plaintiffs, in second try, hope to distinguish case": Carlyn Kolker of Reuters has a report that begins, "The plaintiffs who filed the original class action discrimination case against Wal-Mart that led to a signature Supreme Court decision limiting large class actions are asking a judge to certify a different, smaller class of women in an attempt to distinguish the case from its predecessor."
Posted at 08:22 AM by Howard Bashman


"A Pulitzer Prize, but Without a Newsroom to Put It In": Brian Stelter has this article today in The New York Times.
Posted at 08:20 AM by Howard Bashman


"Religion Clause Blog Is 8 Years old Today!" Howard Friedman has this post today.
Posted at 08:17 AM by Howard Bashman


"Argument preview: A penalty for silence?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:15 AM by Howard Bashman


Tuesday, April 16, 2013

"In Defense of Citizens United": Law professor Michael W. McConnell has posted this article online at SSRN (via "Election Law Blog").
Posted at 11:40 PM by Howard Bashman


"Justices Hear Case of Indian Child Caught in Custody Fight": Adam Liptak will have this article Wednesday in The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court conflicted about what law dictates for Baby Veronica."

Richard Wolf of USA Today has an article headlined "Native American adoption case creates high court rift; The Indian Child Welfare Act was intended to prevent the breakup of Native American families and tribes; Has it gone too far?"

The Post and Courier of Charleston, South Carolina has a news update headlined "Attorneys in Veronica case warn Supreme Court of decision's effects."

Chris Casteel of The Oklahoman has a news update headlined "U.S. Supreme Court wrestles with case of Cherokee child at center of adoption dispute; Justices appear torn about whether a federal law passed in 1978 should give an Oklahoma man the right to take his biological daughter from a couple that raised her for more than two years."

Bill Mears of CNN.com reports that "Supreme Court tackles Native American adoption dispute."

Lawrence Hurley of Reuters reports that "Justices struggle in weighing American Indian adoption case."

Marcia Coyle of The National Law Journal reports that "Justices Struggle With Indian Adoption Case."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Emotions Run High As Supreme Court Hears Adoption Case."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "American Indian Education Legacy Cited in Bitter Custody Case."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Adoptive Couple v. Baby Girl, No. 12-399.
Posted at 11:25 PM by Howard Bashman



"Supreme Court seems open to nixing L.A. 'clean truck' program": Jeremy P. Jacobs of Greenwire has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in American Trucking Assns., Inc. v. Los Angeles, No. 11-798.
Posted at 11:02 PM by Howard Bashman



"Justices Rule on 2 Disputes With Plaintiffs' Employers": Adam Liptak will have this article Wednesday in The New York Times.

And The Associated Press has a report headlined "Court: Man doesn't have to pay back all of money."
Posted at 10:25 PM by Howard Bashman



"Panel rules immigrants in S. Calif. can't be held indefinitely": Maura Dolan of The Los Angeles Times has this news update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

And Bob Egelko of The San Francisco Chronicle reports that "Court backs detained illegal immigrants."
Posted at 09:25 PM by Howard Bashman



"Details emerge of guards' skirmish with Guantanamo captives": Carol Rosenberg of The Miami Herald has this report.

Update: In other coverage, Ryan J. Reilly of The Huffington Post reports that "Guantanamo Prison Raid Defended By U.S. Officials."
Posted at 09:10 PM by Howard Bashman



"Scalia Calls Voting Act A 'Racial Preferment'": Jess Bravin will have this article Wednesday in The Wall Street Journal.
Posted at 08:57 PM by Howard Bashman


Sunday, April 14, 2013

Programming note: I will be spending Monday and Tuesday visiting the Chenango Valley area of central New York State. Additional posts will appear here Tuesday night.

On Monday at 9:30 a.m. eastern time, the U.S. Supreme Court will issue an Order List, which you can access via this link. And on Tuesday at 10 a.m. eastern time, the U.S. Supreme Court is expected to issue one or more opinions in argued cases, which you can access very soon thereafter via this link.
Posted at 12:56 PM by Howard Bashman



"After court, gay rights spotlight shifts back to Obama": Reuters has this report.
Posted at 12:54 PM by Howard Bashman


"Supreme Court may decide who can carry guns; As Congress and state legislatures debate gun control, the high court is likely to hear a case in the near future challenging state restrictions on carrying guns outside the home": Richard Wolf will have this article Monday in USA Today.
Posted at 12:38 PM by Howard Bashman


"Supreme Court case asks: Are human genes patentable?" This article appears today in The Philadelphia Inquirer.
Posted at 08:00 AM by Howard Bashman


"Supreme Court weighs whether to hear case on guns in public; Justices could raise their profile in the gun debate if they hear a challenge to a New York law that limits who can carry firearms in public": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:58 AM by Howard Bashman


"Under the U.S. Supreme Court: Proposal could drag political funding into the light." Michael Kirkland of UPI has this report.
Posted at 07:55 AM by Howard Bashman


Saturday, April 13, 2013

"Mounting Tensions Escalate Into Violence During Raid at Guantanamo Prison": Charlie Savage will have this article Sunday in The New York Times.

And Ryan J. Reilly of The Huffington Post has an article headlined "Guantanamo Hunger Strike: Guards Fire Four Non-Lethal Shots, Force Detainees Into Single Cells."
Posted at 05:44 PM by Howard Bashman



"Antonin Scalia's anti-gay words are poison; so I confronted him: The justice has made his views on gay relationships painfully clear; But I know from personal experience that poisonous language like Scalia's can be devastatingly hurtful." Princeton University freshman Duncan Hosie will have this op-ed Sunday in The Los Angeles Times.
Posted at 02:00 PM by Howard Bashman


"Hacktivists as Gadflies": Peter Ludlow has this interesting post today at the "Opinionator" blog of The New York Times.
Posted at 01:56 PM by Howard Bashman


"Troops forcibly move hunger strikers at Guantanamo into cells": Carol Rosenberg of The Miami Herald has this news update.

And Josh Gerstein of Politico.com has a blog post titled "Shots fired amid violence at Guantanamo Bay."
Posted at 01:48 PM by Howard Bashman



"Faltering Courts, Mired in Delays": Sunday's edition of The New York Times will contain this article, the first in a three-part series titled "Justice Denied: Inside the Bronx's Dysfunctional Court System."
Posted at 01:30 PM by Howard Bashman


"Gov. Jerry Brown vows fight with judges over prisons; Gov. Jerry Brown challenges judges' rebuke, saying he will carry the battle over crowding to the Supreme Court": This article appears today in The Los Angeles Times.

And The Sacramento Bee reports today that "Jerry Brown pledges to take prison crowding case to Supreme Court."
Posted at 01:22 PM by Howard Bashman



"In SCOTUS Rarity, Orrick Associate to Handle Oral Arguments in High Court Case": Claire Zillman of The Am Law Daily has this report.
Posted at 01:15 PM by Howard Bashman


"Consultant Recants in Chevron Pollution Case in Ecuador": This article appears today in The New York Times.
Posted at 01:00 PM by Howard Bashman


"Chief Justice Roberts presides over inaugural moot court competition": The Pioneer Log, the student newspaper of Lewis & Clark College, posted this article online yesterday afternoon.

And in related news, today's edition of The Oregonian reports that "Chief Justice John Roberts' visit to Lewis & Clark College sparks a press freedom controversy."
Posted at 09:44 AM by Howard Bashman



Yoo can't go to Russia: The Associated Press reports that "Russia bans 18 Americans after similar US move."

Update: In other coverage, Sunday's edition of The New York Times will contain an article headlined "Russia Bars 18 Americans in Tit for Tat on Rights."
Posted at 09:28 AM by Howard Bashman



Friday, April 12, 2013

"Supreme Court becoming 'Charter-averse,' expert says": In Saturday's edition of The Toronto Globe and Mail, Kirk Makin will have an article that begins, "Constitutional experts are questioning whether the Supreme Court of Canada still has the stomach to guarantee fundamental rights."
Posted at 11:54 PM by Howard Bashman


"Supreme Court to consider whether firms can patent genes, the essence of life": Michael Doyle of McClatchy Newspapers has this report.
Posted at 05:58 PM by Howard Bashman


"Justice Clarence Thomas gives shout-out to Duquesne grad who helped through confirmation process": Kaitlynn Riely of The Pittsburgh Press has this report.
Posted at 05:50 PM by Howard Bashman


"Chevron says Ecuador environmental claims now in question": Jonathan Stempel of Reuters has this report.
Posted at 05:48 PM by Howard Bashman


"Judge: DOJ Victory a 'Warning, Not an Invitation.'" At "The BLT: The Blog of Legal Times," Mike Scarcella has this post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 05:26 PM by Howard Bashman


"Married in New York but Not in Texas: Which states will let gay couples divorce if the Defense of Marriage Act is struck down? How will federal benefits work? A handy map." William Baude has this jurisprudence essay online at Slate.
Posted at 05:22 PM by Howard Bashman


"Big Question For Supreme Court: Can You Patent A Gene?" Daniel Fisher has this post at Forbes.com.
Posted at 04:38 PM by Howard Bashman


"'Fetal pain' measure sent to ND governor's desk": The Associated Press has this report.
Posted at 03:55 PM by Howard Bashman


"Appeals panel upholds Miss. corruption conviction": The Associated Press has a report that begins, "A federal appeals court panel on Friday upheld the conviction of Richard 'Dickie' Scruggs, one of Mississippi's most prominent attorneys before going to prison on judicial corruption charges."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 03:52 PM by Howard Bashman



"Federal judges rebuff arguments from both sides in case on lead smelter rules": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:38 PM by Howard Bashman


"House Votes to Shut Down Labor Board": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 02:33 PM by Howard Bashman


"Let's Stop Treating the Constitution Like the Da Vinci Code: 'Originalism' allows judges to read into the founding document any ideas they want; Nowhere is the problem clearer than in the ongoing saga of the presidential recess appointment power." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 01:46 PM by Howard Bashman


"Case on IRA Troubles escalates in US Supreme Court": Lyle Denniston has this post today at the "UK Supreme Court Blog."
Posted at 12:14 PM by Howard Bashman


"Republican Effort to Unpack the Court": Jeremy W. Peters has this post at "The Caucus" blog of The New York Times.
Posted at 12:10 PM by Howard Bashman


"Indian Affairs, Adoption, and Race: The Baby Veronica Case Comes to Washington; A little girl is at the heart of a big case at the Supreme Court next week, a racially-tinged fight over Native American rights and state custody laws." Andrew Cohen has this essay online at The Atlantic.
Posted at 11:44 AM by Howard Bashman


"Biotech Industry at Stake in Human Gene Patent Decision": Greg Stohr and Susan Decker of Bloomberg News have this report.
Posted at 11:00 AM by Howard Bashman


"Robert H. McWilliams, Jr., retired city, state and federal judge, dies": The Denver Post has this report.
Posted at 09:05 AM by Howard Bashman


"2 Studies Released: Religious Courts In US and State Bans on Applying Foreign Or Religious Law." Howard Friedman has this post today at his "Religion Clause" blog.
Posted at 09:02 AM by Howard Bashman


"In a League of Their Own: Judge Landis loved baseball and hated trusts; He believed organized baseball was a monopoly; The Supreme Court disagreed." In today's edition of The Wall Street Journal, Andrew Zimbalist has this review of law professor Stuart Banner's new book, "The Baseball Trust: A History of Baseball's Antitrust Exemption."
Posted at 09:00 AM by Howard Bashman


"Philly's Power Players Bombard City Newspapers With Libel Suits; Could the newspaper industry's economic crisis further empower litigious public figures?" Philadelphia City Paper posted this article online yesterday.
Posted at 08:56 AM by Howard Bashman


"Plaintiffs' Experts Disavow Work in $19 Billion Chevron Case": Paul M. Barrett of Bloomberg Businessweek has this essay.
Posted at 08:54 AM by Howard Bashman


"The Precarious Status of Class Action Antitrust Litigation after Comcast v. Behrend": Law professor Richard A. Epstein has this post at PointofLaw.com.
Posted at 08:52 AM by Howard Bashman


"In Latest War Between the States, Georgia Says Tennessee Is All Wet; Wayward Surveyors Blocked River Access; Is Jack Daniel's Whiskey Next on the List?" This front page article appeared yesterday in The Wall Street Journal.
Posted at 08:50 AM by Howard Bashman


"In gene case, Supreme Court to again address patent eligibility": Erin Geiger Smith of Reuters has this report.
Posted at 08:47 AM by Howard Bashman


"Clerkship Hiring Is Getting Earlier and Earlier": David Lat has this post at "Above the Law."
Posted at 08:44 AM by Howard Bashman


"Hearing in Cole Attack Is Delayed Again, This Time by E-mail Security Issue": Charlie Savage has this article today in The New York Times.
Posted at 08:42 AM by Howard Bashman


"Federal judges deny California bid to end prison oversight": Denny Walsh has this front page article today in The Sacramento Bee.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court rejects Brown on prison crowding."

The Los Angeles Times reports that "Judges threaten Gov. Jerry Brown with contempt of court; Federal jurists demand Brown and the state quickly produce a plan to remove thousands of convicts from California's packed prisons; They reject Brown's bid to end court-ordered restrictions on the prisons."

And The Associated Press reports that "Judges deny Calif. bid to end prison oversight."
Posted at 08:24 AM by Howard Bashman



Thursday, April 11, 2013

"Read the fine print; Florida high court rules consumers disputing contracts can't join class-action lawsuits." The Palm Beach Post has this report.

And The Associated Press reports that "Supreme Court ruling affects class action suits."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 11:00 PM by Howard Bashman



"U.S. Supreme Court Justice Clarence Thomas to speak at University of Portland": The Oregonian has this report.

And The Portland Business Journal reports that "Clarence Thomas to speak at University of Portland."
Posted at 10:56 PM by Howard Bashman



"Montana Hutterite colony asks Supreme Court to hear religious liberty case": The Deseret News has this report.
Posted at 10:52 PM by Howard Bashman


"Court rejects governor's bid to end judge control over California prisons": Howard Mintz of The San Jose Mercury News has this report.
Posted at 10:46 PM by Howard Bashman


"A Few Good Defense Lawyers: Beware of clients who ask if your fee includes a bribe to the judge -- and other best-practice tips from the country's top defense attorneys." In today's edition of The Wall Street Journal, David Lat of "Above the Law" has this review of the book "Mistrial: An Inside Look at How the Criminal Justice System Works...and Sometimes Doesn't" by Mark Geragos and Pat Harris.
Posted at 09:58 PM by Howard Bashman


"High court weighs taking up new case on gun rights": Mark Sherman of The Associated Press has this report.
Posted at 08:16 PM by Howard Bashman


"No monetary award for a Texas dog whose primary worth was just love": Columnist Linda P. Campbell of The Fort Worth Star-Telegram has this essay today in that newspaper.
Posted at 05:32 PM by Howard Bashman


"Battle over judicial appointments approaches crucial point": Tom Curry, national affairs writer for NBC News, has this report.
Posted at 05:28 PM by Howard Bashman


"SCOTUSblog publisher calls out press corps": Josh Gerstein of Politico.com has this blog post.
Posted at 05:10 PM by Howard Bashman


"'Diesel death zone' cleanup faces Supreme Court challenge": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:33 PM by Howard Bashman


In today's mail: I received a copy of law professor Stuart Banner's new book, "The Baseball Trust: A History of Baseball's Antitrust Exemption."

Last month, The New York Times published Adam Liptak's very favorable review of the book.
Posted at 12:00 PM by Howard Bashman



"Guantanamo defense lawyers ordered to stop computer use": Josh Gerstein has this blog post at Politico.com.

Update: In related news, Cora Currier of ProPublica reports that "Gitmo Defense Lawyers Say Somebody Has Been Accessing Their Emails."

Reuters reports that "Guantanamo pretrial hearing delayed as legal files vanish."

Carol Rosenberg of The Miami Herald reports that "Pentagon computer problems postpone Guantanamo hearing."

And The Washington Post has a news update headlined "Guantanamo dogged by new controversy after mishandling of e-mails."
Posted at 11:14 AM by Howard Bashman



"New Journalism: SCOTUSblog publisher Tom Goldstein on winning the court press wars." Eric Benson has this interview in the April 15, 2013 issue of New York magazine.
Posted at 10:42 AM by Howard Bashman


Second Circuit issues ruling in Sotomayor v. City of New York: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:35 AM by Howard Bashman


"Retired Supreme Court Justice Souter pays surprise visit to Manchester courthouse": This article appears today in The New Hampshire Union Leader.
Posted at 08:47 AM by Howard Bashman


"Constitution Check: Can constitutional rights be suspended for lack of funding?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:46 AM by Howard Bashman


"House committee debates bill to pause NLRB": Reuters has a report that begins, "Lawmakers held a spirited discussion on the immediate future of the National Labor Relations Board on Wednesday, after a recent appeals court ruling that cast doubt on the board's authority to make decisions."
Posted at 08:45 AM by Howard Bashman


"Easy Hearing for Obama's Choice for Court": This article appears today in The New York Times.

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Obama appeals court pick has Republican support; Sri Srinivasan, a corporate lawyer and deputy solicitor general, appears headed for an easy confirmation, unlike other Obama nominees."

And on today's broadcast of NPR's "Morning Edition," Justice correspondent Carrie Johnson has an audio segment titled "D.C. Circuit Court Limps Along With Four Vacancies."
Posted at 08:44 AM by Howard Bashman



Wednesday, April 10, 2013

"Obama's top judicial nominee wins Republicans' praise": Richard Wolf will have this article Thursday in USA Today.

In Thursday's edition of The Wall Street Journal, Evan Perez will have an article headlined "GOP Senator Likely to Back Key Judicial Nominee." You can freely access the full text of the article via Google News.

Deseret News reports that "Orrin Hatch, Mike Lee and shaping tomorrow's Supreme Court."

Lawrence Hurley of Reuters reports that "Obama nominee to key appeals court sails through hearing."

Bloomberg News reports that "Senate Republicans Show Scant Opposition to Court Nominee."

Todd Ruger of The National Law Journal reports that "Confirmation hearing turns political for D.C. Circuit nominee."

And Main Justice reports that "Srinivasan Hearing Dominated by Debate Over Judicial Vacancies."
Posted at 11:18 PM by Howard Bashman



"A Mother's Fight Against 3 Strikes Law 'A Way of Life'": This audio segment appeared on today's broadcast of NPR's "All Things Considered."
Posted at 11:02 PM by Howard Bashman


"Dean Richard Revesz honored at unveiling of his official portrait": New York University School of Law posted online this news release today.
Posted at 10:40 PM by Howard Bashman


"Bankruptcy clouds 'Girls Gone Wild' collection path": Jennifer Mann of The St. Louis Post-Dispatch has this report.
Posted at 10:36 PM by Howard Bashman


"Canon Law in American Courts, or, Real Nun or Fake Nun?" At "The Volokh Conspiracy," Eugene Volokh has this post about an interesting ruling that Seventh Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel.

Update: In other coverage, The Associated Press has a report headlined "A nun or not? Panel says it's not up to courts."
Posted at 06:24 PM by Howard Bashman



"Can human genes be patented?" Richard Wolf will have this article in Thursday's edition of USA Today.
Posted at 06:22 PM by Howard Bashman


"Florida and federal court clash over health privacy laws": Michael Doyle of McClatchy Newspapers has this report.

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 05:27 PM by Howard Bashman



"NY appeals court puts stop to Madoff SEC lawsuit": The Associated Press has this report.

Nate Raymond of Reuters has an article headlined "Victims of Madoff fraud can't sue SEC: appeals court."

Bloomberg News reports that "Madoff Investors Can't Sue SEC, U.S. Appeals Court Rules."

And Peter Lattman of The New York Times has a blog post titled "Court Expresses Antipathy for S.E.C. in Handling of Madoff Case."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:00 PM by Howard Bashman



"GOP senator says he'll support judicial nominee": The Associated Press has this report.

At "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Hearing Turns Political for D.C. Circuit Nominee."

And at his "Suits & Sentences" blog, Michael Doyle of McClatchy Newspapers live-blogged the confirmation hearing, culminating in a post titled "Sri Srinivasan confirmation hearing a love fest."
Posted at 04:36 PM by Howard Bashman



"A question of balance: Conflicting views on intellectual diversity in legal education." The Harvard Gazette has a report that begins, "At Harvard Law School on Friday, a panel of four leading legal scholars examined a single question: Is there a lack of intellectual diversity at law schools?"

You can access video from the conference online via this link.
Posted at 12:28 PM by Howard Bashman



"Who Is Sri Srinivasan, Obama's 'Supreme Court Nominee in Waiting?'" Adam Serwer has this blog post online at Mother Jones.

Srinivasan's confirmation hearing for a seat on the U.S. Court of Appeals for the D.C. Circuit is scheduled to get underway before the U.S. Senate's Judiciary Committee at 2:30 p.m. eastern time today. You can access the video of the hearing online via this link once underway. And a copy of Srinivasan's answers to the Judiciary Committee's questionnaire can be accessed here.
Posted at 12:20 PM by Howard Bashman



"Moneyball for Judges: The statistics of judicial behavior." Online at The New Republic, law professor Cass R. Sunstein has this review of the book "The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice," written by Lee Epstein, William M. Landes, Richard A. Posner.
Posted at 12:06 PM by Howard Bashman


Seventh Circuit upholds bankruptcy court's discharge of debtor's student loan obligations in opinion written by Chief Judge Frank H. Easterbrook: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 12:00 PM by Howard Bashman


"U.S. Supreme Court should allow cameras": Chief Justice Maureen O'Connor of the Supreme Court of Ohio had this op-ed recently in The Columbus Dispatch.
Posted at 11:33 AM by Howard Bashman


"Justice Thomas speaks at length about high court to Duquesne University audience": This article appears today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Justice Thomas talks at Duquesne University, offers surprises about life journey."
Posted at 11:24 AM by Howard Bashman



"The Judicial Fight That Could Reignite Filibuster Reform": Sahil Kapur of TPM DC has this report.
Posted at 09:37 AM by Howard Bashman


"Showdown on the D.C. Circuit Court": Law professor Erwin Chemerinsky and law student Sam Kleiner have this essay today at Politico.com.
Posted at 09:18 AM by Howard Bashman


"A FoxNews.com Reporter Is Facing Jail for Refusing to Identify Police Sources": This article appears today in The New York Times. And the newspaper has posted online an op-ed by Theodore J. Boutrous Jr. titled "A Killer's Notebook, a Reporter's Rights."
Posted at 09:14 AM by Howard Bashman


"A federal judge takes on 'copyright trolls'; Prenda Law Inc. made a business out of extracting settlements from people who had downloaded porn movies; Now it's in legal hot water": Columnist Michael Hiltzik has this essay today in The Los Angeles Times.
Posted at 09:06 AM by Howard Bashman


"Argument preview: The right to study genes." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:02 AM by Howard Bashman


"Prostitution policy splits NGOs in top court AIDS case": Lawrence Hurley of Reuters has this report.
Posted at 08:57 AM by Howard Bashman


Tuesday, April 9, 2013

"Pennsylvania's top court to rule on judges' retirement": This article appears today in The Pittsburgh Post-Gazette.
Posted at 09:52 PM by Howard Bashman


"Justice Thomas: many black communities in decline." The Associated Press has this report.

And Pittsburgh's NPR station, 90.5 WESA, has a report headlined "SCOTUS Justice Clarence Thomas Visits Duquesne University."
Posted at 09:50 PM by Howard Bashman



"Obama Pushes Choice to Join Appeals Court": Wednesday's edition of The New York Times will contain an article that begins, "With a coordination and an energy that echo a Supreme Court nomination fight, the Obama administration is pushing for the confirmation of a senior Justice Department lawyer to the country's most prestigious appellate court."

In Wednesday's edition of The Wall Street Journal, Even Perez will have an article headlined "Obama Bench Picks Hit by Long Delays." You can freely access the full text of the article via Google.

And Tom Curry of NBC Politics has a blog post titled "Reid not ready to move on changing filibuster rule on nominations."
Posted at 09:40 PM by Howard Bashman



"Republicans' D.C. Circuit barricade": This editorial will appear Wednesday in The Washington Post.
Posted at 09:34 PM by Howard Bashman


"Reid Downplays 'Nuclear Option' Threat on Judges": Roll Call has this report.
Posted at 05:48 PM by Howard Bashman


"Senate approves New Jersey judge for appeals court": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "U.S. Senate Confirms Patty Shwartz for Third Circuit Seat."
Posted at 03:48 PM by Howard Bashman



"Senate confirms Pompton Lakes native Patty Schwartz for lifetime federal judgeship": The Bergen County (N.J.) Record has a news update that begins, "The Senate voted today to confirm Pompton Lakes native Patty Shwartz, a Rutgers graduate now serving as a federal magistrate judge in Newark, to a lifetime appointment on the Third U.S. Circuit Court of Appeals."

The U.S. Senate's official roll call vote tally can be accessed here.
Posted at 01:08 PM by Howard Bashman



Perhaps that's one way to have judges take a more favorable view of cy pres: The Times and Democrat of Orangeburg, South Carolina reports today that "Williams honored with $2 million donation."
Posted at 11:15 AM by Howard Bashman


"Justice Breyer Inducted Into French Academy": This article appears today in The New York Times.
Posted at 11:06 AM by Howard Bashman


"Federal appeals court clears Judge Kendall in contempt case": The Virgin Islands Daily News has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued last week.
Posted at 08:57 AM by Howard Bashman


"NM plastic fetuses lawsuit dismissal upheld": The Associated Press has this report.

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Court Upholds Curb on 'Fetus Dolls' at School."

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 08:47 AM by Howard Bashman



"No Lawyer for 100 Country Miles, So One Rural State Offers Pay": Ethan Bronner has this front page article today in The New York Times.
Posted at 08:30 AM by Howard Bashman


"The Supreme Court Nominee-in-Waiting": Jeffrey Toobin has this blog post online today at The New Yorker.

Michael Doyle of McClatchy Newspapers has an article headlined "Will another Obama judicial nominee face GOP roadblocks? Recent history says 'yes.'"

And Sahil Kapur of TPM DC reports that "Reid Threatens Filibuster Reform With Nuclear Option."
Posted at 08:26 AM by Howard Bashman



Saturday, April 6, 2013

Programming note: I will be in Atlanta from this afternoon through Monday night. As a result, blogging will be sporadic to non-existent during that period. Regular posting will resume Tuesday morning.
Posted at 08:10 AM by Howard Bashman


"Contraception Mandate Likely Headed To Supreme Court, Experts Say": Laura Bassett of The Huffington Post has this report.
Posted at 08:06 AM by Howard Bashman


"Head v. Heart: How Supreme Court justices wrestle with tough decisions." Top Line from ABC News, via Yahoo! News, has this report.
Posted at 08:04 AM by Howard Bashman


"State Supreme Court to hear arguments May 8 in judges' retirement challenge; Meanwhile, a case involving Judge Leonard Zito in federal court is on hold": Peter Hall has this article today in The Morning Call of Allentown, Pennsylvania.
Posted at 08:02 AM by Howard Bashman


"Prosser: High court's division overblown; Justice says he works hard to respect others." This article appeared yesterday in The Post-Crescent of Appleton, Wisconsin.
Posted at 08:00 AM by Howard Bashman


"Sandra Day O'Connor on the History of the Supreme Court in 'Out of Order'": Thursday's edition of The PBS NewsHour contained this segment.
Posted at 07:56 AM by Howard Bashman


"Less Culpable, but With Longer Sentences": This article appears today in The New York Times.
Posted at 07:48 AM by Howard Bashman


Friday, April 5, 2013

"Cuomo Picks Judge in City to Fill Spot at Top Court": Saturday's edition of The New York Times will contain an article that begins, "Gov. Andrew M. Cuomo nominated Justice Sheila Abdus-Salaam on Friday to fill a vacancy on the state's highest court, and if confirmed, she would become the first African-American woman to serve on it."

The Times Union of Albany, New York reports that "First black woman tapped for state's top court."

Reuters reports that "Cuomo selects Abdus-Salaam for Court of Appeals seat."

And New York Law Journal reports that "First Department Justice Tapped for Top Bench."
Posted at 09:50 PM by Howard Bashman



"Qurans at crux of Guantanamo hunger strike": Carol Rosenberg of The Miami Herald has this report.

And Ryan J. Reilly of The Huffington Post reports that "Guantanamo Hunger Strike Grows As Military Locks Out Press."
Posted at 09:42 PM by Howard Bashman



Programming note: This afternoon, the Philladelphia Phillies play their home opener against the Kansas City Royals. I will at Citizens Bank Park for the game, enjoying the view from this section on what is turning out to be quite a nice afternoon in Philadelphia.

Additional posts will appear here this evening.
Posted at 01:04 PM by Howard Bashman



"Judge Orders Morning-After Pill Available for All Ages": The New York Times has this news update reporting on a ruling that the U.S. District Court for the Eastern District of New York issued yesterday.
Posted at 12:56 PM by Howard Bashman


"Texas Supreme Court rules against Fort Worth family whose dog accidentally euthanized": The Star-Telegram of Fort Worth, Texas has this news update.

Justice Don R. Willett wrote today's ruling of the Supreme Court of Texas. You can also access online the briefs and the oral argument video.
Posted at 12:48 PM by Howard Bashman



"The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications." The Congressional Research Service issued this report last week.
Posted at 12:28 PM by Howard Bashman


"U.S. judge gives PA Supreme Court first crack at judge retirement dispute": The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 11:38 AM by Howard Bashman


"The Constitution and graduation ceremonies in church": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:12 AM by Howard Bashman


"Pharma lawyers debate pay-for-delay settlements": Erin Geiger Smith of Reuters has this report.
Posted at 08:10 AM by Howard Bashman


"U.S. judge: Bork's antitrust legacy endures." David Ingram of Reuters has this report.
Posted at 08:05 AM by Howard Bashman


"Lewis & Clark Law School showcases top students -- with help from U.S. Chief Justice John Roberts": This article appears today in The Oregonian.
Posted at 08:02 AM by Howard Bashman


Thursday, April 4, 2013

"Ecuador judge rejects bribe claims against him in Chevron case": Reuters has this report.
Posted at 10:48 PM by Howard Bashman


"Cameras belong in the Supreme Court": Tony Mauro will have this letter to the editor in Friday's edition of The Washington Post.
Posted at 10:44 PM by Howard Bashman


"Military porn case shrinks barracks privacy": Michael Doyle of McClatchy Newspapers has this report.
Posted at 10:36 PM by Howard Bashman


"Harvard asks: Are law school faculties too liberal? Despite improvements, conservative legal activists are pushing for more intellectual diversity at the nation's top law schools." In Friday's edition of USA Today, Richard Wolf will have an article that begins, "The chief justice of the Supreme Court and the two senior justices, all Republicans, graduated from Harvard Law School. But on Friday, it will hold a conference to address an age-old topic: Are law school faculties too liberal?"

More information about the conference can be accessed at this link.
Posted at 09:23 PM by Howard Bashman



"Court Says Using Cell Phone GPS While Driving Is Illegal": Metropolitan News-Enterprise yesterday had this article reporting on a ruling that the Fresno, California Superior Court Appellate Division issued last month.
Posted at 09:10 PM by Howard Bashman


"Steps and Missteps at Guantanamo Bay": In today's edition of The New York Times, Charlie Savage has this review of Jess Bravin's new book, "The Terror Courts: Rough Justice at Guantanamo Bay."
Posted at 02:54 PM by Howard Bashman


"7th Circuit debates 'what's a gun?'" Bruce Vielmetti has this post at the "Proof & Hearsay" blog of The Milwaukee Journal Sentinel about an interesting opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 02:45 PM by Howard Bashman


"Cert.-stage amicus All-Stars: Where are they now?" Adam Chandler has this post today at "SCOTUSblog."
Posted at 02:43 PM by Howard Bashman


"Soda ban appeal to focus on scope of city's power, not size of drinks": Joseph Ax of Reuters has this report.
Posted at 02:40 PM by Howard Bashman


"A case for yawn-free civics: Souter, O'Connor join Law School conversation." The Harvard Gazette has this report.
Posted at 01:52 PM by Howard Bashman


"Senate Democrats Warn Republicans Not To Filibuster Obama's Pick For Top Judge": At TPM DC, Sahil Kapur has this report.

In addition, Kapur has a related report headlined "28 Former SCOTUS Clerks Write Letter Backing Srinivasan For D.C. Circuit Judge."
Posted at 01:09 PM by Howard Bashman



"O'Connor Promotes and Defends Her Book at Wiley Rein": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 01:07 PM by Howard Bashman


"Cebull set to retire May 3 as misconduct investigation concludes": The Billings Gazette has this report.

Yesterday, I collected additional coverage in a post you can access here.
Posted at 11:23 AM by Howard Bashman



"The Problem of Settlement Class Actions": Law professor Howard M. Erichson has posted this article online at SSRN (via "Class Action Countermeasures").
Posted at 11:14 AM by Howard Bashman


"Court upholds $142 mln verdict against Pfizer over Neurontin": Reuters has this report.

I previously linked to yesterday's three related First Circuit rulings in this post from last night.
Posted at 11:11 AM by Howard Bashman



"Federal court to hear Hobby Lobby arguments in May; 10th U.S. Circuit Court of Appeals earlier granted Oklahoma City retailer's bid to speed up legal proceedings": The Oklahoman has an article that begins, "A panel of nine federal appeals court judges will hear oral arguments in Hobby Lobby Stores Inc.'s fight against part of the Affordable Care Act on May 23 in Denver."
Posted at 11:07 AM by Howard Bashman


"Enron's Jeff Skilling Could Get Early Release From Prison": Scott Cohn of CNBC has this report.
Posted at 11:04 AM by Howard Bashman


"Scandal Suggests Narrower Corruption Law Still Survived": Today's edition of The New York Times contains an article that begins, "A federal law used to prosecute corrupt politicians lost some of its teeth when the Supreme Court significantly narrowed its scope in 2010. But in New York, the law governing theft of 'honest services' seems to be alive and well, if recent cases are any clue."
Posted at 08:34 AM by Howard Bashman


"Noel Canning cited as employers challenge NLRB": Reuters has this report.
Posted at 08:33 AM by Howard Bashman


"Alabama Legislature Approves New Limits on Abortion Clinics": This article appears today in The New York Times.
Posted at 08:32 AM by Howard Bashman


"Judges For Lax Border Security: The Ninth Circuit ignores 127 years of precedent allowing U.S. agents to search those trying to enter the country." Miami-based Assistant U.S. Attorney Roy K. Altman has this op-ed today in The Wall Street Journal.
Posted at 08:30 AM by Howard Bashman


Wednesday, April 3, 2013

"Pfizer Neurontin Class Improperly Denied, Appeals Court Says": Bloomberg News has this report on three related rulings (available here, here, and here) that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 10:25 PM by Howard Bashman


"Trojan Horse": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:20 PM by Howard Bashman


"Ken Cuccinelli Fights To Keep Sodomy Law On The Books; The conservative Virginia attorney general asked an appeals court to allow the state to use to the sodomy law to prosecute a man for soliciting a minor": Chris Geidner of BuzzFeed has this report.

Update: At his blog "walshslaw," law professor Kevin C. Walsh has a post titled "A Lawrence quotation prompted by Buzzfeed's pick-up of MacDonald v. Moose."
Posted at 02:23 PM by Howard Bashman



"NY court restores lawsuit against billionaire": The Associated Press has a report that begins, "A lawsuit accusing multibillionaire hedge fund founder Steven A. Cohen of hiding assets in a 1990 divorce was reinstated Wednesday -- the latest chapter in a long-running legal battle with his ex-wife."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:20 PM by Howard Bashman



"Area court case highlights legal thicket surrounding GPS data": Mark Morris has this front page article today in The Kansas City Star.
Posted at 12:03 PM by Howard Bashman


"Justice Ginsburg's Misdirection": This editorial appears today in The New York Times.
Posted at 10:50 AM by Howard Bashman


"Racist Obama e-mail leads judge to retire": Bob Egelko has this article today in The San Francisco Chronicle.

Yesterday, the U.S. Court of Appeals for the Ninth Circuit issued this statement by Chief Judge Alex Kozinski.

Update: In other coverage, at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Montana Judge Behind Racist Obama Email Retires."

And The Associated Press reports that "Judge to retire after sending racist Obama email."
Posted at 10:42 AM by Howard Bashman



"Obama Pushes Republicans to Stop Blocking Judicial Picks": Bloomberg News has this report.

The Washington Times reports that "Obama falls behind on key federal court; faltering nominations set a dubious record."

And Sahil Kapur of TPM DC reports that "Conservative Legal Stars Back 'Swift Confirmation' Of Obama's Nominee For Top Judge."
Posted at 09:06 AM by Howard Bashman



"FOIA requesters score major win over Obama Administration": At Politico.com, Josh Gerstein has this blog post reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 09:03 AM by Howard Bashman


"Lawmakers likely to battle over anti-abortion measure": This article appears today in The Richmond (Va.) Times-Dispatch.

The Montgomery (Ala.) Advertiser reports today that "Senate passes bill further restricting abortion clinics."

AL.com reports that "Lawmakers give final approval to abortion clinic legislation, bill goes to Gov. Robert Bentley."

Reuters reports that "Alabama Senate passes bill tightening rules for abortion clinics."

The Associated Press reports that "Ala. lawmakers tighten rules for abortion clinics."

Earlier, Monday's edition of The Wall Street Journal contained an article headlined "States Harden Views Over Laws Governing Abortion."

And yesterday at Justia.com's Verdict, law professor Joanna L. Grossman had an essay titled "What's the Matter with North Dakota and Arkansas? Two State Legislatures Pass Highly Restrictive and Unconstitutional Abortion Laws."
Posted at 09:02 AM by Howard Bashman



"Alabama tells U.S. Supreme Court nine other states also want arguments on immigration law": Brian Lawson of The Huntsville Times has this report.
Posted at 08:50 AM by Howard Bashman


"Justice Sotomayor visits Puerto Rico on book tour": The Associated Press has this report.
Posted at 08:40 AM by Howard Bashman


"Patience Roggensack defeats Edward Fallone for second term on state Supreme Court": Patrick Marley has this article today in The Milwaukee Journal Sentinel.

And The Associated Press has a report headlined "Supreme Court: Pat Roggensack beats Ed Fallone."
Posted at 08:36 AM by Howard Bashman



Tuesday, April 2, 2013

"Arizona defends transport portion of SB 1070": Michael Kiefer of The Arizona Republic has this news update.

And Howard Fischer of The East Valley Tribune has a news update headlined "Attorney argues Arizona should be able to enforce 'harboring' law because its unlikely anyone will be prosecuted."

My earlier coverage of today's Ninth Circuit oral argument appears at this link.
Posted at 11:32 PM by Howard Bashman



"We hold that in determining the scope of restitution to be awarded to a child pornography victim, section 2259 requires a showing that the victim's losses are proximately caused by the defendant's offense." A unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this decision today.
Posted at 11:23 PM by Howard Bashman


Fifth Circuit affirms federal district court's ruling that policy of Texas state prisons prohibiting prisoners from wearing beards for religious reasons violates the Religious Land Use and Institutionalized Persons Act: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 11:12 PM by Howard Bashman


"Obama seeks to shift conservative tilt of key court": Wednesday's edition of The Washington Post will contain an article that begins, "President Obama has pressed senators from both parties in recent weeks to confirm a new federal judge for one of the country's most powerful courts, using an aggressive strategy to campaign for a judicial nominee whom White House officials consider a potentially crucial figure in boosting the president's second-term agenda."
Posted at 10:50 PM by Howard Bashman


"For the Supreme Court, Silence Can Be Golden": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 10:18 PM by Howard Bashman


"After Protests, Prison Firm Pulls Donation": Wednesday's edition of The New York Times will contain an article that begins, "Sports stadiums have been named for fast food companies, office supply chains, and banks, but apparently there is one sector of the economy that is not welcome in the sports world: the private prison industry."
Posted at 10:11 PM by Howard Bashman


"Court asked to bar piece of Ariz. immigration law": The Associated Press has this report on a case argued today at the U.S. Court of Appeals for the Ninth Circuit.

You can access the audio of the oral argument via this link.
Posted at 06:17 PM by Howard Bashman



"Justices throw up Comcast obstacle in two more class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:50 PM by Howard Bashman


"The Real Problem With Law Schools: They train too many lawyers." Law professor Eric Posner has this essay online at Slate.
Posted at 05:44 PM by Howard Bashman


"Aaron Swartz's Prosecutors Were Threatened and Hacked, DOJ Says": David Kravets has this post at Wired.com's "Threat Level" blog.

I collected additional coverage in this post from earlier today.

In related coverage, Timothy B. Lee of Ars Technica reports this afternoon that "Swartz death inspires expanded effort to liberate paywalled court docs; Document-sharing extension for Firefox now covers Chrome and appellate courts."

And Declan McCullagh of c|net reports that "'Aaron's Law' rewrite backfires, reformers now on defensive; Congressional sausage-making in Washington threatens to rewrite a controversial anti-hacking law used against the late Aaron Swartz -- by replacing it with an even more Draconian version."
Posted at 05:32 PM by Howard Bashman



"Justice Dept. Asks Court to Dismiss Suit over Secret Court's Opinions": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 05:18 PM by Howard Bashman


Programming note: Due to a meeting out of the office with co-counsel in a pending appeal, additional posts will appear here later this afternoon.
Posted at 10:48 AM by Howard Bashman


"The next SCOTUS battle": Jonathan Bernstein had this entry yesterday at the "PostPartisan" blog of The Washington Post.
Posted at 10:42 AM by Howard Bashman


"Appeals court hears Mass. inmates sex change case": The Associated Press has this preview of a case scheduled for oral argument today at the U.S. Court of Appeals for the First Circuit.
Posted at 10:40 AM by Howard Bashman


"Could Clarence Thomas Vote In Favor Of Gay Marriage?" Sahil Kapur of TPM DC has this report.

Kapur also has a related report headlined "John Roberts' Ruse To Trap Kennedy On Marriage Equality."
Posted at 10:22 AM by Howard Bashman



"Aaron Swartz Prosecutors Threatened With Guillotine Postcards": Ryan J. Reilly of The Huffington Post has this report.

Main Justice reports that "Aaron Swartz Supporters Harass Prosecutors, Prompting U.S. to Call for Redacting Material."

Today's edition of The Tech, MIT's student newspaper, contains articles headlined "MIT in favor of redactions in Swartz case documents; Legal filing made Friday focuses on privacy" and "Faculty meeting focuses on gunman disruption response; Head of MIT Police discusses emergency alert system."

You can access the recent federal district court filings relating to the possible unsealing of the criminal case file via this link (beginning with docket entry 109).
Posted at 10:04 AM by Howard Bashman



"Judicial Vacancies Languish On Key Federal Appeals Court": NPR justice correspondent Carrie Johnson had this audio segment on today's broadcast of "Morning Edition."
Posted at 09:46 AM by Howard Bashman


"Law school graduates aren't finding much on the employment docket; The Internet and other technologies have reduced job openings for lawyers; Some graduates have joined in class-action lawsuits, alleging that schools lured them in with misleading reports of success": Maura Dolan has this article today in The Los Angeles Times.
Posted at 08:14 AM by Howard Bashman


"Aereo Wins a Court Battle, Dismaying Broadcasters": Brian Stelter has this article today in The New York Times.

The Los Angeles Times reports that "Aereo beats broadcasters' legal challenge, trial likely."

And The Philadelphia Inquirer reports that "Comcast, others angry over Aereo ruling."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:12 AM by Howard Bashman



Monday, April 1, 2013

"In Washington, Abortion Debate Counters Trend": This article will appear Tuesday in The New York Times.
Posted at 11:26 PM by Howard Bashman


"D.C. Circuit nominee wins backers": Josh Gerstein has this blog post at Politico.com.
Posted at 11:18 PM by Howard Bashman


"The States Move On Abortion": This audio segment appeared on today's broadcast of NPR's "On Point" with Tom Ashbrook.
Posted at 08:05 PM by Howard Bashman


"Marriage Equality: Not Now, But Soon?" Law professor David Cole had this post Saturday at the blog of The New York Review of Books.
Posted at 08:02 PM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Talk of the Nation" contained an audio segment titled "Life Under Death Threats: Dangers Faced By Judges, Prosecutors."

And today's broadcast of "Morning Edition" contained an audio segment titled "Supporters Of Gay Marriage Appear To Gather Momentum."
Posted at 08:00 PM by Howard Bashman



"Supreme Court sends back lawsuit on washing machines": Lawrence Hurley of Reuters has this report.

And Greg Stohr of Bloomberg News reports that "Whirlpool Gets Hearing in Bid to Stop Moldy Washer Suit."
Posted at 06:00 PM by Howard Bashman



"Confirmation Hearing Set for D.C. Circuit Nominee": At "The BLT: The Blog of Legal Times," Todd Ruger has a post that begins, "U.S. Court of Appeals for the D.C. Circuit nominee Sri Srinivasan will get a confirmation hearing this month, and he's receiving more support from some top Washington lawyers."

And in related news, The Associated Press reports that "Bipartisan group pushes appeals judge confirmation."
Posted at 05:58 PM by Howard Bashman



"Supreme Court won't hear Spirit Airlines' appeal of ad price policy": Michael Doyle of McClatchy Newspapers has this report.

Greg Stohr of Bloomberg News reports that "Airlines Rejected by Top Court on Price Advertising Rules."

And Lawrence Hurley of Reuters reports that "Supreme Court won't hear airline appeal of ad rule."
Posted at 05:30 PM by Howard Bashman



"Guantanamo Hunger Strikers Will Achieve Goals 'Or Die Trying,' Lawyer Says": Ryan J. Reilly of The Huffington Post has this report.
Posted at 04:15 PM by Howard Bashman


"Dear Justice Kennedy: Why the courts, not lawmakers, will deliver gay marriage." Law professor Nicholas Stephanopoulos has this jurisprudence essay online at Slate.
Posted at 04:08 PM by Howard Bashman


"Legal Hitch Blocks Challenge to Sex Offender Status": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 03:08 PM by Howard Bashman


"When Morality Left the Gay Marriage Debate": Law professor David Fontana has this blog entry at The Huffington Post.
Posted at 01:52 PM by Howard Bashman


"Lawsuit over health care tax could kill 'Obamacare'": The Washington Times has this report.
Posted at 01:44 PM by Howard Bashman


"Aereo wins major court battle against TV networks; A remarkably tech-savvy decision": T.C. Sottek has this blog post at The Verge discussing the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

Update: In other coverage, Erin Geiger Smith of Reuters reports that "U.S. appeals court denies broadcaster request to shut Aereo."

Bloomberg News reports that "Diller-Backed Aereo Beats Network Bid to Close TV Service."

The Associated Press reports that "NY appeals court OKs Aereo live television service."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Cord-Cutters Rejoice: Internet TV Streaming Wins Big in Court."

At Ars Technica, Timothy B. Lee has a report headlined "Appeals court upholds legality of Aereo's 'tiny antennas' scheme; Ludicrous metaphysics produce sensible policy result."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Aereo Beats Broadcasters in Big Appellate Ruling; Critics predicted that a victory for Barry Diller's Aereo would irreparably harm the TV industry, but the Second Circuit refuses to shut it down."
Posted at 12:20 PM by Howard Bashman



"Appeals court rejects Burge appeal on perjury conviction": The Chicago Sun-Times has a news update that begins, "Disgraced Chicago Police torturer Jon Burge has had his appeal against a perjury conviction rejected."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 12:14 PM by Howard Bashman



"Feds lock up fewer predators after prison sentences end": Brad Heath has this article today in USA Today.
Posted at 09:54 AM by Howard Bashman


"Tax-exempt status for nonprofit hospitals at stake in Pennsylvania": Terry Baynes of Reuters has an article that begins, "Members of the Pennsylvania legislature are pushing back against a state Supreme Court decision that made it more difficult for hospitals to prove they are nonprofit organizations deserving of tax-exempt status."
Posted at 09:50 AM by Howard Bashman


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

In addition, the Court issued a unanimous, per curiam summary reversal of the U.S. Court of Appeals for the Ninth Circuit in Marshall v. Rodgers, No. 12-382.

At "SCOTUSblog," Lyle Denniston has a post titled "Case granted on venue issue."

And in early news coverage, The Associated Press reports that "High court denies appeal from ex-prof in Colorado"; "Court leaves in place rule for ads on airfares"; and "Court turns down appeal over weapons sentences."
Posted at 09:35 AM by Howard Bashman



"Fourth Amendment creates new fault lines": Robert Barnes has this new installment of his "The High Court" column in today's edition of The Washington Post.
Posted at 08:56 AM by Howard Bashman


"Judges, Politics and George Soros: Judicial selection shouldn't be left to the lawyers guild." This editorial appears today in The Wall Street Journal.

You can freely access the full text of the editorial via Google News.
Posted at 08:52 AM by Howard Bashman



"Rivals prepare for legal battle over abortion bans": The Associated Press has this report.
Posted at 08:45 AM by Howard Bashman


"Arizona appeal aims to salvage part of controversial SB 1070 immigration law": Howard Fischer has this article today in The Arizona Daily Star.
Posted at 08:44 AM by Howard Bashman


"Ex-Supreme Court justices at Harvard Law forum": The Associated Press has this preview of an event occurring today at Harvard Law School.
Posted at 08:27 AM by Howard Bashman






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