How Appealing


Sunday, January 6, 2013

"When should judges be put out to pasture?" This audio segment appeared on Friday's broadcast of "AirTalk" on Southern California Public Radio.

The written description of the audio segment begins, "Several Pennsylvania judges are suing the state over mandatory retirement. The judges argue forcing them to retire at age 70 is unconstitutional. Last week, the case moved up to federal court."

In news coverage of the lawsuit's removal to federal court, on December 28, 2012, The Patriot-News of Harrisburg, Pennsylvania posted online an article headlined "Fight over mandatory retirement for PA judges moves to federal court."
Posted at 10:28 PM by Howard Bashman




Sunday, January 6, 2013

"Circuit Reviews Execution of Accomplice": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "Can the death sentence be applied to the driver of a getaway car in an armed robbery if he did not participate in the resulting double murder? That's the question the 9th U.S. Circuit Court of Appeal has voted to reconsider in an Arizona appeal granted rehearing by a full 11-judge panel Friday."

My earlier coverage appears at this link.
Posted at 02:44 PM by Howard Bashman




Sunday, January 6, 2013

"An academic's work distorted": Law professor Pamela S. Karlan has this letter to the editor in today's edition of The Washington Post.
Posted at 02:20 PM by Howard Bashman




Sunday, January 6, 2013

"School voucher case moves to Louisiana Supreme Court": The Times-Picayune of New Orleans has this report.
Posted at 01:52 PM by Howard Bashman




Sunday, January 6, 2013

"Woman fired in 'too irresistable' case asks court to reconsider ruling": The Associated Press has this report.
Posted at 01:50 PM by Howard Bashman




Sunday, January 6, 2013

"Obama advisor who had decried 'war on terror' now defends drones; Harold Hongju Koh has become a symbol of national security policies that many feel are not significantly different than those of the Bush administration that he once criticized": David G. Savage has this article today in The Los Angeles Times.
Posted at 01:48 PM by Howard Bashman




Sunday, January 6, 2013

"Bankers' Group Supports Bond Trustee in Argentina Appeal": Bloomberg News has this report.
Posted at 01:02 PM by Howard Bashman




Sunday, January 6, 2013

"Under the U.S. Supreme Court: Spying on Americans, phase 2." Michael Kirkland of UPI has this report.
Posted at 09:54 AM by Howard Bashman




Saturday, January 5, 2013

"Obama struggles to nominate, confirm federal judges; Obama has been slow to nominate judges and Senate Republicans even slower to confirm them": David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 10:28 PM by Howard Bashman




Saturday, January 5, 2013

"Legislators vow to change law on rape by impersonation; The reversal of a conviction based on an 1870s state statute prompts the promise; The Assembly speaker says the issue will be a top priority": Maura Dolan and Michael J. Mishak have this article today in The Los Angeles Times.

And The Sacramento Bee reports today that "Rape case ruling sparks legislative proposals in California."
Posted at 07:18 PM by Howard Bashman




Saturday, January 5, 2013

"Guantanamo: a place of sometimes-puzzling secrecy; The war court proclaims that transparency is a priority in testimony and legal filings; But when a claim of national security is invoked, secrecy wins out." Carol Rosenberg of The Miami Herald has this report.
Posted at 05:14 PM by Howard Bashman




Saturday, January 5, 2013

"Can Forgiveness Play a Role in Criminal Justice?" Paul Tullis will have this lengthy article in tomorrow's edition of The New York Times Magazine.
Posted at 04:12 PM by Howard Bashman




Saturday, January 5, 2013

"Home sellers can keep murders, suicides secret": Yesterday's edition of The Philadelphia Inquirer contained this article reporting on a recent 6-to-3 ruling of the Superior Court of Pennsylvania sitting en banc. Video of the en banc reargument of the case can be viewed by clicking here.
Posted at 03:47 PM by Howard Bashman




Saturday, January 5, 2013

"The Constitutionalist": In the January 14, 2013 issue of The Weekly Standard, Terry Eastland has an article that begins, "Robert H. Bork, we all know, didn't sit on the Supreme Court. His legacy thus cannot lie in votes cast and opinions written."
Posted at 01:42 PM by Howard Bashman




Saturday, January 5, 2013

"Supreme Court to review judge's role in plea talks": Jonathan Stempel of Reuters has this report.
Posted at 01:38 PM by Howard Bashman




Saturday, January 5, 2013

"Former C.I.A. Officer Is the First to Face Prison for a Classified Leak": This article will appear Sunday in The New York Times.
Posted at 01:32 PM by Howard Bashman




Saturday, January 5, 2013

"Justices Take Case on Adoption of Indian Child": Adam Liptak has this article today in The New York Times.

The Post and Courier of Charleston, South Carolina reports today that "Baby Veronica case to be considered by highest court."

Bill Mears of CNN.com reports that "High court to tackle Native American adoption dispute."

Agence France-Presse reports that "US top court to hear Native American adoption case."

Previously, the Charleston City Paper published an article headlined "Broken Home: The Save Veronica story; Matt and Melanie Capobianco lost custody of their adopted daughter Veronica, but they refuse to give up hope."
Posted at 01:06 PM by Howard Bashman




Saturday, January 5, 2013

Ninth Circuit grants rehearing en banc in state habeas appeal challenging whether convict who helped plan a robbery resulting in death, knew his accomplice was armed, and drove the getaway car may lawfully be subjected to death penalty: The majority on a divided three-judge panel had rejected the convict's challenge to the death penalty in a decision you can access here. Circuit Judge Stephen Reinhardt issued a lengthy dissenting opinion.

Yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc can be accessed here.
Posted at 10:45 AM by Howard Bashman




Saturday, January 5, 2013

"Pregnancy Centers Gain Influence in Anti-Abortion Arena": This front page article appears today in The New York Times.

And yesterday at the blog "walshslaw," law professor Kevin C. Walsh had a somewhat related post titled "Artful characterization of allegedly misleading advertisement in Baltimore pregnancy center oral argument."
Posted at 10:33 AM by Howard Bashman




Saturday, January 5, 2013

"Judge blasts sentencing guidelines; Man's original punishment tossed on appeal": Today's edition of The Columbus (Ohio) Dispatch contains an article that begins, "A federal judge in Columbus criticized sentencing guidelines for child-pornography offenses yesterday as he imposed a stricter sentence on a Mount Vernon man whose original sentence was rejected by an appeals court." (Via "Sentencing Law and Policy" blog.)
Posted at 10:30 AM by Howard Bashman




Saturday, January 5, 2013

"More Guns = More Killing": Elisabeth Rosenthal will have this news analysis in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 10:28 AM by Howard Bashman




Friday, January 4, 2013

"The President Has the Power To Raise the Debt Ceiling on His Own; And if Congress won't act, he should use it": Law professor Eric Posner has this essay online at Slate.
Posted at 10:40 PM by Howard Bashman




Friday, January 4, 2013

"Monday at SCOTUS: revisiting the Class Action Fairness Act." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:22 PM by Howard Bashman




Friday, January 4, 2013

"FBI: 2nd escaped bank robber caught in Palos Hills." The Chicago Tribune has a news update that begins, "The second inmate who made a daring escape last month from a high-rise federal jail in the South Loop was captured today in South Suburban Palos Hills, according to FBI officials."

And The Associated Press has a report headlined "US Marshals: 2nd Chicago escapee caught in suburbs."
Posted at 06:05 PM by Howard Bashman




Friday, January 4, 2013

"Man Arrested for Flipping Off Cop Gets Day in Court": At Wired.com's "Threat Level" blog, David Kravets has this post today.
Posted at 06:00 PM by Howard Bashman




Friday, January 4, 2013

"Legislators vow to shut legal loophole in Los Angeles rape case": The Sacramento Bee has a blog post that begins, "Three California lawmakers vowed separately Friday to eliminate a legal disparity that allowed a man to escape a rape conviction in Los Angeles County this week because the victim was not married."
Posted at 05:33 PM by Howard Bashman




Friday, January 4, 2013

"In D.C. Circuit, bin Laden Death Photos Take Spotlight": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:32 PM by Howard Bashman




Friday, January 4, 2013

"Influential Bush Administration Lawyer to Head Heritage Legal Shop": Jess Bravin had this post yesterday at WSJ.com's "Law Blog."
Posted at 04:27 PM by Howard Bashman




Friday, January 4, 2013

"Ninth Circuit Judge Raymond C. Fisher to Assume Senior Status": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.

Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Judge Fisher Steps Aside in April, Opens Circuit Vacancy."
Posted at 04:22 PM by Howard Bashman




Friday, January 4, 2013

"Appeals court faults EPA for soot regulation": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Bloomberg News reports that "EPA Gave States Too Much Leeway on Soot Rules, Court Says."

And Lawrence Hurley of Greenwire reports that "Court orders EPA to try again on soot standards implementation."
Posted at 02:57 PM by Howard Bashman




Friday, January 4, 2013

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

At "SCOTUSblog," Lyle Denniston has a post titled "Three cases granted."

Update: In other news coverage, The Associated Press reports that "Court to review Native American adoption case."

Jonathan Stempel and Terry Baynes of Reuters report that "Top court to hear American Indian adoption case."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Agrees to Hear 'Baby Veronica' Case."

Lawrence Hurley of Greenwire reports that "Justices agree to hear Texas-Okla. water dispute."

And The Texas Tribune reports that "Supreme Court Will Hear Texas-Oklahoma Water Case."
Posted at 02:34 PM by Howard Bashman




Friday, January 4, 2013

"2nd Circuit reinstates lawsuit in middle-finger arrest": David L. Hudson Jr. has this news analysis online at the First Amendment Center.
Posted at 01:40 PM by Howard Bashman




Friday, January 4, 2013

"Reverse-Mortgage Suit Against HUD Revived on Appeal": Tom Schoenberg of Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:15 PM by Howard Bashman




Friday, January 4, 2013

"What will Cruz's seat on Senate Judiciary Committee mean for vacancies in Texas district courts and the 5th Circuit?" John Council has this post at the "Tex Parte Blog" of Texas Lawyer.
Posted at 01:09 PM by Howard Bashman




Friday, January 4, 2013

"Orly Taitz's Obama 'birther' claims rejected in court -- again": This article appears today in The Sacramento Bee.
Posted at 01:00 PM by Howard Bashman



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