How Appealing


Tuesday, November 13, 2012

"Professionalism on Appeal: The Good, the Bad and the Ugly." That's the headline of this month's installment of my "Upon Further Review" column, which appears in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 11:12 AM by Howard Bashman




Tuesday, November 13, 2012

"Krumholz on Access to Oral Argument Recordings": The post appears today at the blog "D.C. Circuit Review."
Posted at 11:02 AM by Howard Bashman




Tuesday, November 13, 2012

"Nominations Battle Could Resume in Lame Duck": Roll Call has a report that begins, "Senate Democrats could be on a collision course with Senate Republicans when it comes to using the lame-duck session to confirm 19 judicial nominations that have been held up this Congress."
Posted at 11:00 AM by Howard Bashman




Tuesday, November 13, 2012

Access online today's Order List and opinion in an argued case of the U.S. Supreme Court: You can access today's Order List at this link. The Court did not grant review in any new cases.

Justice Antonin Scalia delivered the opinion for a unanimous Court in United States v. Bormes. No. 11-192. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Lawyer can't sue gov't over receipt mistake" and "Court won't hear appeal in witness tampering case."

And at "SCOTUSblog," Lyle Denniston has posts titled "Government may be immune on credit revelation" and "One voting rights case denied."
Posted at 10:55 AM by Howard Bashman




Monday, November 12, 2012

"State courts struggle with Supreme Court ruling on young killers; The Miller v. Alabama decision banned automatic life prison terms without chance of parole for minors convicted of murders": The Miami Herald has this report.
Posted at 10:18 PM by Howard Bashman




Monday, November 12, 2012

"Coffey dies; was municipal, circuit and appeals court judge": The Milwaukee Journal Sentinel has an obituary that begins, "John L. Coffey, whose judicial career spanned nearly 60 years, died Saturday of congestive heart failure. He was 90."

And the State Bar of Wisconsin has posted online a news item headlined "Hon. John L. Coffey, U.S. Court of Appeals for the Seventh Circuit, Dies at 90."
Posted at 09:52 PM by Howard Bashman




Monday, November 12, 2012

"Kline disciplinary case goes before Kansas Supreme Court; Panel recommends Kline suspension, disciplinary office wants disbarment": This article appears today in The Topeka Capital-Journal.
Posted at 09:48 PM by Howard Bashman




Monday, November 12, 2012

"Remembering Betty Fletcher, 1923-2012": The Recorder has posted online these remarks from Senior Ninth Circuit Judge Dorothy Nelson.
Posted at 09:45 PM by Howard Bashman




Monday, November 12, 2012

"Supreme Court: No Invitation for President Obama." Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 09:10 PM by Howard Bashman




Monday, November 12, 2012

"In Defense of the Electoral College: Five reasons to keep our despised method of choosing the president." Seventh Circuit Judge Richard A. Posner has this essay online at Slate.
Posted at 09:00 PM by Howard Bashman




Monday, November 12, 2012

"Beating Back the War on Judges: Voters rejected the crusade to politicize the courts." Bert Brandenburg has this essay online at Slate.
Posted at 08:56 PM by Howard Bashman




Monday, November 12, 2012

"Case Asks When New Evidence Means a New Trial": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 03:12 PM by Howard Bashman




Monday, November 12, 2012

"Mojave Desert: Cross stands again." Today's edition of The Press-Enterprise of Riverside, California contains an article that begins, "After more than a decade of First Amendment court battles, a cross stands again in the Mojave National Preserve, for the first time with the legal blessing of the U.S. Supreme Court."

And The Associated Press reports that "Veterans resurrect cross at Calif. desert site."
Posted at 09:24 AM by Howard Bashman




Monday, November 12, 2012

"Study: U.S. judges' criminal caseloads vary widely." The Associated Press has this report on a study issued yesterday.
Posted at 09:21 AM by Howard Bashman




Monday, November 12, 2012

"Gay Marriage and Marijuana Are Coming to the Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:18 AM by Howard Bashman




Monday, November 12, 2012

"What did Supreme Court hear about same-sex marriage on Election Day?" Robert Barnes has this article today in The Washington Post.
Posted at 08:20 AM by Howard Bashman




Monday, November 12, 2012

"Condoms and Content-Based Discrimination: The First Amendment Implications of 'The Safer Sex in the Adult Film Industry Act.'" Antonio M. Haynes has this essay online at Justia.com's Verdict.
Posted at 08:15 AM by Howard Bashman




Sunday, November 11, 2012

"What Happens To Supreme Court In Obama's Second Term?" This audio segment featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:24 PM by Howard Bashman




Sunday, November 11, 2012

"Dems, GOP fight brewing over curbing filibusters": The Associated Press has this report.
Posted at 11:18 PM by Howard Bashman




Sunday, November 11, 2012

"Under the U.S. Supreme Court: Karl Rove's efforts go down in flames." Michael Kirkland of UPI has this report.
Posted at 09:40 AM by Howard Bashman




Saturday, November 10, 2012

"Hamilton wore, without authorization, a military uniform of a rank he had not obtained that was adorned with numerous military medals he had not earned." Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued an opinion affirming Hamilton's convictions and sentence, which on these charges consisted of "a term of 6 months' imprisonment for wearing a military uniform without authorization, and a term of 12 months' imprisonment for wearing military medals without authorization."

In so ruling, the Fourth Circuit rejected the defendant's argument that "the statutes underlying those convictions either are facially invalid under the First Amendment, or are invalid as applied to Hamilton in this case."
Posted at 08:23 PM by Howard Bashman




Saturday, November 10, 2012

"Court: Starbucks owes more than $14m to Mass. baristas." The Boston Globe has this article reporting on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 08:15 PM by Howard Bashman




Saturday, November 10, 2012

"As minorities gain electoral power, Supreme Court asks: Why the Voting Rights Act? After minorities played a major role in reelecting President Obama, the US Supreme Court agrees to decide whether the goals of the 1965 Voting Rights Act in reforming the South have been met." Patrik Jonsson of The Christian Science Monitor has this article.
Posted at 08:11 PM by Howard Bashman




Saturday, November 10, 2012

"Supreme Court will review Md. DNA law; Overturned law allows police to collect DNA from suspects": This article appears today in The Baltimore Sun.
Posted at 08:09 PM by Howard Bashman




Saturday, November 10, 2012

"David Boies predicts Prop 8 win in U.S. Supreme Court": Bay City News has this report.
Posted at 03:35 PM by Howard Bashman




Saturday, November 10, 2012

"U.S. Supreme Court to hear Alabama voting rights challenge": Mary Orndorff Troyan has this article today in The Montgomery Advertiser.

The Birmingham News reports that "Supreme Court decision to hear Shelby Voting Rights challenge met with praise, worry."

And in commentary, today's edition of The New York Times contains an editorial entitled "A Supreme Test on the Right to Vote."
Posted at 03:32 PM by Howard Bashman




Saturday, November 10, 2012

"Sesame Street: Sonia Sotomayor and Abby -- Career." Yesterday, Sesame Street posted online at YouTube this video clip featuring U.S. Supreme Court Justice Sonia Sotomayor.
Posted at 03:02 PM by Howard Bashman




Saturday, November 10, 2012

"In Unusual Move, the Delaware Supreme Court Rebukes a Judge": Peter Lattman has this article today in The New York Times.

My earlier coverage of Wednesday's Delaware Supreme Court ruling can be accessed here.
Posted at 09:36 AM by Howard Bashman




Friday, November 9, 2012

"Expert Witness Dinged $300,000 for Making Fake Child Porn": David Kravets has this post at Wired.com's "Threat Level" blog.

And Terry Baynes of Reuters reports that "Lawyer owes $300,000 for using child pornography at trial."

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

Update: In other coverage, Ars Technica has a post titled "Ohio attorney creates fake child porn for case, now must pay $300,000; He altered pics of girls to be explicit in arguing against 'overbroad' law."
Posted at 07:50 PM by Howard Bashman




Friday, November 9, 2012

"Supreme Court to decide if police can collect DNA from suspects": David G. Savage of The Los Angeles Times has this news update.

Warren Richey of The Christian Science Monitor has an article headlined "Can police collect DNA before conviction? Supreme Court to hear case; Many states allow police to collect DNA samples from people who have been arrested; But others see that as a violation of the Fourth Amendment; Now, the Supreme Court will step in."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Pivotal DNA Privacy Case Gets Supreme Court Hearing."
Posted at 07:48 PM by Howard Bashman




Friday, November 9, 2012

"In View of a Changing South, Court Will Revisit Voting Act": Adam Liptak will have this article Saturday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to review key section of Voting Rights Act."

David G. Savage of The Los Angeles Times has a news update headlined "Is part of Voting Rights Act outdated, unfair? High Court to decide."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court agrees to hear challenge to Voting Rights Act."

Richard Wolf of USA Today has a news update headlined "Supreme Court to hear voting rights case; The Supreme Court will consider a challenge to Congress' reauthorization of the Voting Rights Act of 1965, which could lead to less federal oversight of the racial impact of state election laws."

Warren Richey of The Christian Science Monitor reports that "Supreme Court to rule on scope of federal powers in Voting Rights Act case; A landmark civil-rights-era law will come before the US Supreme Court later this year, when the justices will consider if Congress was out of bounds in renewing a part of the Voting Rights Act."

Nina Totenberg of NPR reports that "Supreme Court To Review Voting Rights Act."

Roll Call reports that "Supreme Court to Examine Need for Critical Part of Voting Rights Law."

Politico.com reports that "Supreme Court will hear voting rights case."

Ariane de Vogue of ABC News has a blog post titled "Supreme Court Will Take Up Major Voting Rights Case."

Online at The Atlantic, law professor Garrett Epps has an essay entitled "The Supreme Court Will Hear a Challenge to the Voting Rights Act; Three days after an election that dramatically tested the right to vote, the court sends a major signal to Obama and Congress."

And online at Slate, Emily Bazelon has a jurisprudence essay entitled "It's Appalling that Gerrymandering Is Legal; And if the Supreme Court guts the Voting Rights Act, it's going to get a lot worse."
Posted at 07:28 PM by Howard Bashman




Friday, November 9, 2012

"Foreword: Academic Influence on the Court." Law professor Neal K. Katyal had this essay in the October 2012 issue of Virginia Law Review.
Posted at 05:03 PM by Howard Bashman




Friday, November 9, 2012

A glimpse at what I've been working on: Yesterday, I filed a Brief for Appellant in the U.S. Court of Appeals for the Third Circuit in a case arising out of an arbitration proceeding that Reuters previously reported on here. As the district court's opinion noted, the case presents the Third Circuit with two questions of first impression.
Posted at 04:33 PM by Howard Bashman




Friday, November 9, 2012

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

In early news coverage, Mark Sherman of The Associated Press reports that "High court to take new look at Voting Rights Act." The AP also reports that "Court will decide on collection of DNA samples."

Terry Baynes and Jonathan Stempel of Reuters report that "High Court to review Amex arbitration case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on voting rights law, DNA case."

Update: Reuters reports that "Supreme Court to review collection of DNA samples."

Greg Stohr of Bloomberg News reports that "Voting Rights Act Challenge Gets U.S. High Court Hearing" and "Business Groups Get Top U.S. Court Hearing on Arbitration."

At WSJ.com's "Law Blog," Brent Kendall has a post titled "Supreme Court to Review DNA Law."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Supreme Court to Hear Critical Voting Rights Act Challenge."
Posted at 03:50 PM by Howard Bashman




Friday, November 9, 2012

"D.C. Circuit Voids $743K Restitution Order in Pirated Software Case": Mike Scarcella has this post at "The BLT: The Blog of Legal Times" reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 03:48 PM by Howard Bashman



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