How Appealing


Tuesday, July 26, 2016

Programming note: Additional posts will appear here tonight.
Posted at 10:40 AM by Howard Bashman




"Chevron Deference and the Proposed 'Separation of Powers Restoration Act of 2016': A Sign of the Times." Law professor Vikram David Amar has this essay today at Justia.com's "Verdict."
Posted at 09:40 AM by Howard Bashman




"Scott Walker Just Put An Insane Person On His State's Supreme Court": Ian Millhiser has this post online at ThinkProgress.
Posted at 09:36 AM by Howard Bashman




"Court says Obamacare birth control option may violate Catholics' rights, even if they don't use it": Columnist Michael Hiltzik has this essay online at The Los Angeles Times.
Posted at 09:33 AM by Howard Bashman




"Federal judge from Palmer Township has died": Rudy Miller of The Express-Times of Easton, Pennsylvania has this report.
Posted at 09:26 AM by Howard Bashman




"Government's Privacy Rights Don't Exceed the Public's": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:23 AM by Howard Bashman




"Alameda County defends restrictions on gun-shop locations": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 09:22 AM by Howard Bashman




Monday, July 25, 2016

"If a seventh grader starts trading fake burps for laughs in gym class, what's a teacher to do?" So beings a dissenting opinion that Tenth Circuit Judge Neil M. Gorsuch issued today.
Posted at 11:07 PM by Howard Bashman




"State intends to fight new trial ruling for Adnan Syed of 'Serial'": Justin Fenton of The Baltimore Sun has this report.
Posted at 05:56 PM by Howard Bashman




"Ancient Treasures Shouldn't Be Compensation for Terror Victims": Law professor Noah Feldman has an essay online today at Bloomberg View that begins, "A federal appeals court has ruled that terrorism victims can't seize priceless Iranian artifacts held by the University of Chicago in fulfillment of a judgment against the Islamic Republic of Iran."
Posted at 05:46 PM by Howard Bashman




"Two judges, best friends, bonded by gift of life": Bill Glauber of The Milwaukee Journal Sentinel has this heartwarming report.
Posted at 05:32 PM by Howard Bashman




"'Activist judge' compares surrogacy to human trafficking": Daniel Bice has this front page article in today's edition of The Milwaukee Journal Sentinel.
Posted at 05:30 PM by Howard Bashman




"George Ryan lawyer blasts Easterbrook": Patricia Manson of the Chicago Daily Law Bulletin has this report today.

Law professor emeritus Albert W. Alschuler's article, described as a "Memoir," appears in the current issue of the Valparaiso University Law Review under the title "How Frank Easterbrook Kept George Ryan in Prison."
Posted at 05:22 PM by Howard Bashman




"The Top 5 Law Blogs All Lawyers Should Be Reading": Bryan Koenig of Law360.com has an article (subscription required for full access) today that begins, "Attorneys everywhere are reading blogs for meaningful discussion on major events in their profession, and while exact interests vary by practice area, a number of blogs top the list of favorites for those looking to follow major happenings in the legal community."

I am honored to see that "How Appealing" appears in second place on this list of the top-five must-read law blogs.
Posted at 05:04 PM by Howard Bashman




In the August 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "Juror strikes in capital murder case were based on race, SCOTUS rules."

And Victor Li has an article headlined "50-year story of the Miranda warning has the twists of a cop show."

Thanks to the excess of link-worthy material that accompanied the end of the U.S. Supreme Court's most recent Term, I previously neglected to link to the contents of the July 2016 issue of the ABA Journal magazine.
Posted at 04:16 PM by Howard Bashman




"Longtime federal judge Franklin Van Antwerpen has died": Dan Sheehan of The Morning Call of Allentown, Pennsylvania has an article that begins, "Franklin Van Antwerpen of Palmer Township, a senior judge with the U.S. 3rd Circuit Court of Appeals, died Monday."
Posted at 04:10 PM by Howard Bashman




"Daily Mail Must Face Defamation Suit After Using Photo of Porn Star in HIV Story; The 9th Circuit Court of Appeals concludes that reasonable readers could have assumed that Danni Ashe had tested positive": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:18 PM by Howard Bashman




"[S]tate supreme courts have become, at least for the time being, the last safeguard of the United States Constitution in the vast majority of criminal cases": So writes Circuit Judge Stephen Reinhardt, concurring in a decision that the en banc U.S. Court of Appeals for the Ninth Circuit issued today in a post-AEDPA case.

A separate concurring opinion that Circuit Judge Jay S. Bybee issued in the same case is also worth a look.
Posted at 03:12 PM by Howard Bashman




"Slate's Dahlia Lithwick on What's Wrong (and Right) With the Media": Nick Tabor has this Daily Intelligencer interview online at New York magazine.
Posted at 02:26 PM by Howard Bashman




"There ought to be a law, but there isn't: Upskirting not a crime in Ga." Bill Rankin of The Atlanta Journal-Constitution has this report.

And The Associated Press reports that "Georgia appeals court says 'upskirting' not against the law."

You can access this month's 6-to-3 en banc ruling of the Court of Appeals of Georgia at this link.
Posted at 02:24 PM by Howard Bashman




"Justices Show How Disclosing Revisions Offers (Confers?) Benefits": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:30 AM by Howard Bashman




"The Supreme Court Smacked Down this Draconian Anti-Abortion Law, but Texas Has Other Plans; The war on women is far from over": Becca Andrews has this article online at Mother Jones.
Posted at 08:10 AM by Howard Bashman




"Property rights disputes might dominate docket": Robin Bravender of Greenwire has this report.
Posted at 08:02 AM by Howard Bashman




"Why Obama Has Failed to Close Guantanamo: Congress is blamed for preventing the President from fulfilling his pledge; But that's not the whole story." Connie Bruck has this article in the August 1, 2016 issue of The New Yorker.
Posted at 07:58 AM by Howard Bashman




Sunday, July 24, 2016

"Bringing in the Big Guns": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 10:58 PM by Howard Bashman




"For Prosser, long career overshadowed by one heated moment": The Associated Press has a report that begins, "David Prosser filled a lot of roles: prosecutor, legislator, state Supreme Court justice. But he's likely to be best remembered for getting into a physical altercation with another justice that brought national ridicule to Wisconsin's highest court."
Posted at 09:20 PM by Howard Bashman




"Seymour Abrahamson, husband of Supreme Court justice, studied radiation": The Milwaukee Journal Sentinel has published this obituary.
Posted at 09:18 PM by Howard Bashman




If you're an appellate lawyer, here's a good reason to visit Philadelphia in November when it's not 100 degrees outside: The Democratic National Convention gets underway in Philadelphia tomorrow afternoon, when the high temperature is projected to be 98 degrees.

In connection with this week's festivities, today's broadcast of the CBS News program "Sunday Morning" contained a segment titled "Philadelphians say: Love it or leave it."

I am a native of the Philadelphia area who frequently travels for speaking engagements and for work, and I regularly talk with people elsewhere who tell me they last visited Philadelphia many years ago. Since then, Philadelphia has become an even more amazing tourist destination, not only because of its historical offerings but also for its incredible restaurants, museums, educational offerings, varied neighborhoods, and cultural events.

This November, the Appellate Judges Education Institute will be hosting its annual summit in Philadelphia. The program for the 2016 AJEI Summit can be accessed here.

Headlining the program will be a conversation with U.S. Supreme Court Justice Elena Kagan.

Other federal and state appellate judges who will be participating in the programming as speakers or panelists include: Brent Benjamin, Consuelo Callahan; Mariano-Florentino Cuellar; Steven David; Barbara Jackson; Michael Keasler; Anne Lazarus; Thomas G. Saylor; D. Brooks Smith; N. Randy Smith; Jeffrey S. Sutton; and James Wynn Jr., just to name a few.

Additionally, the panelists on the "Supreme Court Preview" and the "Handling the Big Case" panels are outstanding. And I will be the moderator of a panel titled "Unreported Opinions; Declining News Coverage of Appellate Courts," which has its own excellent group of panelists.

The AJEI 2016 Summit will take place at the centrally located Loews Hotel in Philadelphia. Jeffrey Rosen, president of the National Constitution Center, will be the speaker at the Summit's first session, and the first night's welcoming event will take place at the Constitution Center.

I am hoping that many "How Appealing" readers will be able to attend this year's AJEI Summit in Philadelphia. If you are like me, it is far easier to block off on your calendar now the dates of the Summit -- from November 10 to 13, 2016 -- before work or other obligations inevitably intrude. Another reason to register now is that on Friday afternoon, November 11, 2016, a number of optional fun events around town with limited availability are offered for sign-up on a first-come, first-served basis, including a guided tour of Philadelphia's must-see, recently relocated cultural offering, The Barnes Foundation. In the past I have always signed-up to attend the Summit too late to obtain my first choice fun event, but not this year.

You can sign-up to attend the 2016 AJEI Summit in Philadelphia now via this link. I hope to see you there!
Posted at 04:55 PM by Howard Bashman




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Posted at 04:00 PM by Howard Bashman




"D.C. Circuit Review -- Reviewed: Resolved Redux." Aaron Nielson had this post yesterday at the "Notice & Comment" blog of the Yale Journal of Regulation.
Posted at 03:54 PM by Howard Bashman




"Supreme Court ruling denies second chance for inmates; PA Supreme Court: Inmates serving mandatory minimums can't retroactively challenge them." Riley Yates of The Morning Call of Allentown, Pennsylvania has this report.
Posted at 02:03 PM by Howard Bashman




"N.J. Supreme Court to decide if government metadata is public": Jan Hefler of The Philadelphia Inquirer has an article that begins, "The New Jersey Supreme Court has agreed to hear a case brought by an open-government activist who contends that the public should be allowed to view electronic data and metadata kept by local government agencies."
Posted at 01:50 PM by Howard Bashman




"Behind the Supreme Court's Abortion Decision, More Than a Decade of Privately Funded Research; Research funded by the Susan Thompson Buffett Foundation and others not only helped spur the nation's top court to strike down key parts of a Texas abortion law, but also has fueled a string of other changes making abortion more accessible": Nina Martin of ProPublica has this report.
Posted at 01:45 PM by Howard Bashman




"Colorado baker wants U.S. Supreme Court to hear gay wedding cake case; The Colorado Supreme Court decided last month not to hear the case": Yesenia Robles of The Denver Post has this report.

In addition, the newspaper has published an essay by Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood, Colorado, titled "Why I'm asking the U.S. Supreme Court to protect artistic freedom."
Posted at 01:40 PM by Howard Bashman




"Presidential Election Will Shape Supreme Court, and National Policies, for Years to Come; Evenly split bench is likely to shift with appointment of Scalia successor and two or more justices retiring": Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.
Posted at 01:34 PM by Howard Bashman




Saturday, July 23, 2016

"Anthony Kennedy's 80th Birthday and Trump's Legacy": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 02:03 PM by Howard Bashman




"Indiana Court of Appeals tosses Granger woman's feticide conviction": Margaret Fosmoe of The South Bend Tribune has this report.

Brian Eason of The Indianapolis Star reports that "Indiana court overturns Purvi Patel feticide conviction."

The Associated Press reports that "Indiana court tosses woman's feticide conviction."

The Indiana Lawyer reports that "COA tosses feticide conviction, says statute doesn't apply to self abortion."

And online at Slate, Christina Cauterucci has an essay titled "Court Vacates Purvi Patel's Feticide Conviction, Landing a Blow Against 'Personhood' Laws."

You can access yesterday's ruling of the Court of Appeals of Indiana at this link.
Posted at 01:42 PM by Howard Bashman




"Alaska Supreme Court rejects parent-notification law for abortions": Nathaniel Herz of Alaska Dispatch News has an article that begins, "The Alaska Supreme Court has invalidated the state law requiring physicians to give two days notice to parents before performing abortions on girls under 18 years of age."

You can access yesterday's ruling of the Supreme Court of Alaska at this link.
Posted at 11:20 AM by Howard Bashman




"This Is What 'Travesty of Justice' Looks Like": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "Call it Scalia's revenge."
Posted at 11:12 AM by Howard Bashman




"U.S. seeks nationwide advice on birth-control dispute": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:09 AM by Howard Bashman




"Justices Ignored: The Supreme Court is the most important issue of the election for Republicans; So they're not talking about it." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:07 AM by Howard Bashman




"Va. Supreme Court strikes down McAuliffe's order on felon voting rights": Graham Moomaw of The Richmond Times-Dispatch has this report.

In today's edition of The Washington Post, Fenit Nirappil and Jenna Portnoy have a front page article headlined "Va. high court invalidates McAuliffe's order restoring felon voting rights."

Dave Boyer of The Washington Times reports that "McAuliffe begins to grant voting rights for convicted felons individually after court ruling."

The Associated Press reports that "Virginia court strikes down order giving felons voting right."

And Reuters reports that "Virginia's top court rules against move to restore felons' voting rights."

You can access yesterday's 4-to-3 ruling of the Supreme Court of Virginia at this link.
Posted at 10:55 AM by Howard Bashman




"Scott Walker picks Waukesha lawyer Daniel Kelly for seat on Supreme Court": Molly Beck of The Wisconsin State Journal has an article that begins, "Gov. Scott Walker has picked Daniel Kelly -- a conservative Waukesha lawyer who has built a lengthy career in commercial litigation -- to join the state Supreme Court."

And Patrick Marley of The Milwaukee Journal Sentinel reports that "Scott Walker names Daniel Kelly to high court." According to the article, "Kelly -- who in his application called affirmative action and slavery the same morally -- will replace retiring Justice David Prosser on Aug. 1, the start of the court's new term."
Posted at 10:46 AM by Howard Bashman




Friday, July 22, 2016

"Appeals courts split on seizing assets connected to state terror sponsors": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 08:15 PM by Howard Bashman




Ninth Circuit hands victory to Las Vegas strip club Crazy Horse III in trademark dispute: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:54 PM by Howard Bashman




"Colin O'Kroley googled himself and did not like the results." So begins an opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.

As the opinion's concluding paragraph notes, even before today's ruling, the case already had its own Wikipedia entry.
Posted at 01:32 PM by Howard Bashman




"Strange question on the Vineyard: Who owns a beach that has moved?" Frank Phillips of The Boston Globe has this report.

According to the article, "The matter has occupied the state Land Court, the Appeals Court, the Supreme Judicial Court, and the Legislature. Just recently, the SJC threw up its hands over the situation, rejecting a plea from lawmakers to help sort out the ownership dispute because their questions were too murky."
Posted at 01:24 PM by Howard Bashman




"Zubik remand developments": Marty Lederman had this post yesterday at "Balkinization."
Posted at 12:09 PM by Howard Bashman




"The Clerk, The Thief, His Life as a Baker: Ashton Embry and the Supreme Court Leak Scandal." In 2002, John B. Owens published an article bearing that title in the Journal of Supreme Court History, a publication of the Supreme Court Historical Society.

Since April 2014, the article's author has been more commonly known by his current job title, Ninth Circuit Judge John B. Owens. Owens reached the federal appellate bench after compiling a notable record of academic, judicial clerkship, and work-related achievements. This year, he celebrates his 45th birthday. Already, Judge Owens has distinguished himself as an appellate judicial writer of note, including interesting observations and notable turns of phrases in his opinions.

Yesterday, I had this post linking to a report on a talk that Judge Owens recently presented at the University of Chicago Law School about the Ashton Embry matter.

I am now pleased to be able to post online, with the permission of the article's author, this PDF copy of the article that Owens published back in 2002 in the Journal of Supreme Court History on this interesting subject.
Posted at 10:25 AM by Howard Bashman




"Appeals court won't let journalist convicted in hacking case stay out of jail pending appeal": Josh Gerstein of Politico.com has this blog post.
Posted at 10:03 AM by Howard Bashman




"Appeals court asked to delay acting on McDonnell case": Frank Green has this article in today's edition of The Richmond Times-Dispatch.
Posted at 10:02 AM by Howard Bashman




"How the G.O.P. Outsourced the Judicial Nomination Process": Linda Greenhouse has this essay online at The New York Times.
Posted at 10:00 AM by Howard Bashman




Thursday, July 21, 2016

"Museums win bid to keep antiquities": The Chicago Daily Law Bulletin has an article that begins, "A federal appeals court Tuesday declined to clear the way for victims of a terrorist attack financed by Iran to use ancient Persian artifacts to help satisfy a $71.5 million judgment against that nation."

You can access Tuesday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:16 PM by Howard Bashman




"Why do securities class actions drag on once SCOTUS gets involved?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 08:15 PM by Howard Bashman




"Texans may use postcard, affidavit for voter ID after court faults law": Jon Herskovitz of Reuters has this report.
Posted at 08:09 PM by Howard Bashman




"Southwest, Delta feud over Love Field headed back to court": Dallas Business Journal has an article that begins, "Southwest Airlines and Delta have received a Sept. 26 court date for oral arguments to a federal appeals panel in the carriers' feud over gate space at Dallas' Love Field."
Posted at 07:54 PM by Howard Bashman




"Rulings may make voter ID laws presidential race nonfactors": The Associated Press has this report.
Posted at 07:20 PM by Howard Bashman




"Burning the Flag Is OK, But Starting Fires Sometimes Isn't": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "The man who established the constitutional right to burn the American flag almost 30 years ago may go to prison for doing the same thing outside the Republican National Convention in Cleveland yesterday."
Posted at 04:26 PM by Howard Bashman




"90 Second Recess with Bloomberg BNA": Josh Blackman has this post today at his blog. You can view the video of Blackman's interview with Kimberly Robinson of Bloomberg BNA via this link.
Posted at 04:22 PM by Howard Bashman




"The Clerk, The Thief, His Life As A Baker: Visiting Judge Tells Story of 1919 Supreme Court Leak." Chinwe Chukwuogo has this post online at the web site of the University of Chicago Law School.
Posted at 04:08 PM by Howard Bashman




"ACLU Taps Constitutional Expert David Cole as National Legal Director; High-Profile Litigator, Scholar, and Prominent Author Will Direct Legal Program for Premier Civil Liberties Organization": The American Civil Liberties Union issued this news release today.
Posted at 04:02 PM by Howard Bashman




"SCOTUS Usually Steers Clear of Politics . . . Sort of": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 03:56 PM by Howard Bashman




"Government Playbook for Prosecutors Should Be Public": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:54 PM by Howard Bashman




"Texas voter photo ID law nullified": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

And in today's edition of The Austin American-Statesman, Julie Chang and Tim Eaton have a front page article headlined "Appeals court strikes down Texas voter ID law."
Posted at 03:48 PM by Howard Bashman




"The Voting Rights Act Might Get Some Teeth Back: Thanks to an appeals ruling, Texas' discriminatory voting laws could end up under federal oversight." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online today at Slate.

And online today at Bloomberg View, law professor Noah Feldman has an essay titled "Political Reality Smacks Down Texas' Voter ID Law."
Posted at 03:36 PM by Howard Bashman




"Suit: Wording of Pa. referendum on judges' retirement age 'deceitful'": Angela Couloumbis of The Philadelphia Inquirer has an article that begins, "Two former Pennsylvania Supreme Court justices and one of the region's most prominent lawyers filed suit Thursday to stop an eleventh-hour change in wording to an upcoming ballot question raising the retirement age for judges, calling it an attempt to hoodwink voters and influence the outcome."

In the April 2016 installment of my monthly "Upon Further Review" column published in The Legal Intelligencer -- headlined "Delay of Vote on Judicial Retirement Age Could Make One Cynical" -- I offered a similar take on the delay and rewording of Pennsylvania's judicial retirement age increase ballot proposal.
Posted at 02:41 PM by Howard Bashman







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