How Appealing


Wednesday, September 28, 2016

"Obama's Clean Power Plan gets court showdown": Richard Wolf of USA Today has an article that begins, "The nation's second most powerful court spent nearly seven hours Tuesday trying to decide whether President Obama's signature plan to fight global warming represents a transformative environmental initiative or tramples on the prerogatives of Congress and the states."

Ann E. Marimow and Brady Dennis of The Washington Post report that "Appeals court considers Obama's climate change plan."

Coral Davenport of The New York Times reports that "Appeals Court Hears Challenge to Obama's Climate Change Rules."

Amy Harder of The Wall Street Journal reports that "Power-Plant-Emissions Court Case Raises Questions on EPA Rules' Scope; Judges focus on whether the agency overstepped its legal authority."

Oliver Milman of The Guardian (UK) reports that "Obama's climate change legacy at stake as Clean Power Plan has its day in court; Seven hours of legal argument on states' right to allow carbon pollution may determine the fate of the centerpiece of US efforts to limit climate change."

Andrew M. Harris and Jennifer A. Dlouhy of Bloomberg News report that "Obama's Climate Legacy Under Fire as Power Plan Faces Test."

Valerie Volcovici of Reuters reports that "Obama power plant rules face key test in court."

Ariane de Vogue of CNN.com reports that "Appeals court hears high-stakes challenge to Obama's clean power plan."

Lastly, Amanda Reilly of Greenwire has an article headlined "Lawyers, law profs dish in marathon court session's wake," while Ellen M. Gilmer of EnergyWire has an article headlined "Oral arguments: the blow by blow."

You can access here (part one) and here (part two) the audio of yesterday's marathon oral argument before the en banc U.S. Court of Appeals for the D.C. Circuit.
Posted at 11:22 PM by Howard Bashman




"9th Circuit in Picasso case: U.S. judges can look beyond briefs to interpret foreign law." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.
Posted at 10:48 PM by Howard Bashman




"5th Circuit ponders New Orleans' Confederate monuments": Kevin Litten of The Times-Picayune of New Orleans has this report.

And The Associated Press reports that "New Orleans tells court it can remove Confederate statues."

You can access via this link (59.0 MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 10:20 PM by Howard Bashman




"Obama's former Supreme Court lawyer, Don Verrilli, joins L.A. law firm": David G. Savage of The Los Angeles Times has this report.

Sari Horwitz of The Washington Post reports that "Former solicitor general Donald Verrilli to open D.C. office of California law firm."

And Elizabeth Olson of The New York Times reports that "Donald Verrilli, Former Solicitor General, to Join Law Firm."

Today, the law firm of Munger, Tolles & Olson LLP issued a news release titled "Former Solicitor General Don Verrilli Joins Munger Tolles to Open DC Office."
Posted at 03:38 PM by Howard Bashman




"You Can't Strip Dancers of the Right to Bare All": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 03:33 PM by Howard Bashman




"Supreme Court on Verge of Historic Shift Is Stuck in Limbo for Now": Greg Stohr of Bloomberg News has this report.
Posted at 03:30 PM by Howard Bashman




"Moore goes before ethics panel on gay marriage order": The Associated Press has this report.
Posted at 01:46 PM by Howard Bashman




"Death-Penalty Drugmaker Shouldn't Be Anonymous": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:35 PM by Howard Bashman




"A Leading Light Of The Federal Judiciary Will Take Senior Status By Year's End": David Lat has this post at "Above the Law."
Posted at 10:54 AM by Howard Bashman




"Ruth Bader Ginsburg: Justice For All." In the newest installment of the "what it takes" podcast from the Academy of Achievement, Nina Totenberg speaks with Justice Ruth Bader Ginsburg.
Posted at 09:10 AM by Howard Bashman




"Tilton Rejected as U.S. Supreme Court Lets SEC Case Proceed": Greg Stohr of Bloomberg News has this report.

And Lawrence Hurley of Reuters reports that "Supreme Court declines financier's bid to block SEC action."
Posted at 09:00 AM by Howard Bashman




"Roy Moore trial Wednesday: Will he lose chief justice job twice in 13 years?" Kent Faulk has this front page article in today's edition of The Birmingham News.

AL.com will be offering live updates via this link.
Posted at 08:56 AM by Howard Bashman




"Trudeau waffles on approach to appointing Supreme Court judge": In today's edition of The Toronto Globe and Mail, Sean Fine has a front page article that begins, "Prime Minister Justin Trudeau joined a unanimous vote in the House of Commons on Tuesday on an opposition motion that urges his government to 'respect the custom of regional representation' when it fills a current opening on the Supreme Court."
Posted at 08:44 AM by Howard Bashman




"Comparing the ideologies of Supreme Court nominees": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 08:34 AM by Howard Bashman




"Constitution Check: Could Roe v. Wade be overruled without amending the Constitution?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:24 AM by Howard Bashman




"Why Nobody's Talking About the Supreme Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:22 AM by Howard Bashman




Tuesday, September 27, 2016

"Ala. PAC-to-PAC transfer ban upheld by appeals court": Brian Lyman of The Montgomery Advertiser has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:20 PM by Howard Bashman




As expected, the Seventh Circuit plans to opt-out of the forthcoming FRAP word-limit reductions for appellate briefs: On Friday of last week, the U.S. Court of Appeals for the Seventh Circuit published these proposed changes to its local rules.

Similarly, in June 2016, the U.S. Court of Appeals for the Ninth Circuit published amendments to its local rules that likewise will retain the current word limits for appellate briefs effective December 1, 2016, rejecting the FRAP word-limit reductions scheduled to take effect on that date.
Posted at 10:58 PM by Howard Bashman




"Appeals judges halts Pinnacle-Hershey merger": David Wenner of The Patriot-News of Harrisburg, Pennsylvania has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:48 PM by Howard Bashman




"Vivendi loses U.S. appeal in long-running investor lawsuit": Nate Raymond of Reuters has this report.

Bob Van Voris of Bloomberg News reports that "Vivendi Loses Appeal of 2010 Securities Fraud Verdict."

At the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Upholds Verdict Against Vivendi for Misleading Shareholders; The case began in 2003 and dealt with statements about the conglomerate's liquidity after a $77 billion buying spree."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a post titled "2nd Circuit in Vivendi case: Corporations can be liable for prolonging misconceptions."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:42 PM by Howard Bashman




"Dancers sue to overturn Louisiana strip club age requirements": Kevin Litten of The Times-Picayune of New Orleans has an article that begins, "Three dancers have filed a federal lawsuit alleging that a law requiring performers in strip clubs be at least age 21 is unconstitutional."
Posted at 07:46 PM by Howard Bashman




"Applying Game Theory to the Supreme Court Confirmation Fight": Avinash K. Dixit and David McAdams have this article online at the Harvard Business Review.
Posted at 07:42 PM by Howard Bashman




"Appeals court upholds $2 million judgment against SF art editor": Bob Egelko of The San Francisco Chronicle has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 10:22 AM by Howard Bashman




"2016 Ninth Circuit Judicial Conference Videos Now Available": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.

The videos -- including one titled "A Conversation with Associate Justice Anthony M. Kennedy" -- can all be accessed online via this link.
Posted at 10:15 AM by Howard Bashman




Monday, September 26, 2016

"Appeals Court Tosses Antitrust Judgment Against American Express; Court rules AmEx can bar merchants from steering customers toward other cards with lower fees": Robin Sidel and Christopher M. Matthews of The Wall Street Journal have this report.

Jonathan Stempel of Reuters reports that "AmEx can bar merchants from steering card customers elsewhere."

Bob Van Voris and Jennifer Surane of Bloomberg News report that "AmEx Can Bar Merchants From Steering Users to Rival Cards."

And Larry Neumeister of The Associated Press reports that "Appeals court rules for American Express in fee dispute."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:00 PM by Howard Bashman




"After A Very Bad Year, Americans Like The Supreme Court Again, Survey Finds; A bit of good news while the court limps along with only eight members": Cristian Farias of The Huffington Post has this report.
Posted at 05:48 PM by Howard Bashman




"Judge Leonard I. Garth, 1921-2016": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 05:44 PM by Howard Bashman




"SCOTUS 2016 Term: By the Numbers." Kimberly Robinson of Bloomberg BNA has this report.
Posted at 05:38 PM by Howard Bashman




In the October 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined "SCOTUS considers death penalty case in which expert testified race could predict future violence."

Leslie A. Gordon has an article headlined "Law profs create 4th Amendment warning signs for lawns."

And David L. Hudson Jr. has articles headlined "Lawsuits fail to loosen bar admission rules, but issue isn't going away" and "Ex-con fights for prisoner rights and battles censorship."
Posted at 05:36 PM by Howard Bashman




"After 30 years, influential 9th Circuit judge will shift to half-time": Aimee Green of The Oregonian has this report.

Jeff Mapes of Oregon Public Broadcasting reports that "Influential Federal Appeals Judge From Oregon Reduces Role."

And today, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled "Ninth Circuit Judge Diarmuid O'Scannlain to Assume Senior Status."

Longtime readers of "How Appealing" will recall that Judge O'Scannlain was the second appellate judge to participate in the original iteration (as contrasted with the forthcoming reprise in conjunction with this blog's approaching 15th anniversary) of this blog's "20 Questions for the Appellate Judge" feature. You can read his interview at this link.
Posted at 05:24 PM by Howard Bashman




"How Clinton's or Trump's Nominees Could Affect the Balance of the Supreme Court": Adam Liptak and Alicia Parlapiano have this interactive report online at The New York Times.
Posted at 01:02 PM by Howard Bashman




"The Supreme Court After Scalia: There has not been a liberal majority of Justices since Nixon was President; If Hillary Clinton is elected, that will change." Jeffrey Toobin has this Annals of Law article in the October 3, 2016 issue of The New Yorker.
Posted at 12:54 PM by Howard Bashman




"Friends, Foes, and Votes": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 12:46 PM by Howard Bashman




"The battle to save the Earth from Scalia's ghost: The Obama administration's most ambitious effort to fight climate change hangs in the balance." Ian Millhiser has this post at ThinkProgress.
Posted at 10:05 AM by Howard Bashman




"Coal industry mounts unusual court-focused ad campaign; Radio ads urge a favorable decision from judges hearing high-stakes case Tuesday over Obama administration's greenhouse gas policy": Josh Gerstein of Politico.com has this report.
Posted at 10:03 AM by Howard Bashman







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