Saturday, December 20, 2014
"Texas Supreme Court judge uses 'Ferris Bueller' references in libel case dissent": The Houston Chronicle has this report.
"Oklahoma plans to use same drugs for upcoming executions": Graham Lee Brewer has this article in today's edition of The Oklahoman.
And today's edition of The Tulsa World contains a front page article headlined "DOC director says state will use same execution drugs; Lethal combo used in April only one available, DOC chief says."
In related news, The Associated Press reports that "Judge dismisses suit on Oklahoma execution access."
I have posted at this link yesterday's ruling of the U.S. District Court for the Western District of Oklahoma on the issue of media access to executions in Oklahoma.
"Lawmakers jab Supreme Court: bill would make races partisan": The Seattle Times has this report.
Posted at 12:30 PM by Howard Bashman
"U.S. Supreme Court to hear Gilbert church sign case in Jan." The Arizona Republic has this report.
Posted at 11:14 AM by Howard Bashman
"The Greatest Lawyer Who Ever Lived: He's the brashest, most generous, most foul-mouthed trial attorney in the country; And at 89, Joe Jamail can still command a courtroom, mother%*!$#@." John Spong has this profile in the January 2015 issue of Texas Monthly magazine.
Posted at 11:11 AM by Howard Bashman
Friday, December 19, 2014
"SCOTUSblog on camera: Dahlia Lithwick (Part four)." You can view the video via this link.
Posted at 09:58 PM by Howard Bashman
"Ferris Bueller's day in the Texas Supreme Court": Eugene Volokh has this post at "The Volokh Conspiracy."
"Review of justices' email after porn scandal finds nothing else inappropriate": Peter Hall of The Morning Call of Allentown, Pennsylvania has this news update.
And Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined "Email review finds no improper contact between state Supreme Court justices, lawyers."
"U.S. court backs $2.1 million copyright award for song 'Whoomp!'" Reuters has this report.
"Two states sue to block Colorado marijuana markets": Lyle Denniston has this post today at "SCOTUSblog."
And at "The Volokh Conspiracy," Jonathan H. Adler has a post titled "Are Nebraska and Oklahoma just fair-weather federalists?"
"The 'nuclear option' transforms Obama's judicial legacy": James Downie has this entry today at the "PostPartisan" blog of The Washington Post.
Some of your favorite law blogs and Ferris Bueller's Day Off, forever linked in S.W.3d: Justice Don R. Willett of the Supreme Court of Texas issued this dissent from the denial of review today. In footnote three, Justice Willett's dissent mentions various law blogs, including "How Appealing" and the guy who writes it.
"Policing Vanity License Plates Is No Job for an EJIT; It Takes a Trained Eye, a Wide Vocabulary and a Dirty Mind": Jacob Gershman had this article in yesterday's edition of The Wall Street Journal.
Posted at 08:22 AM by Howard Bashman
"Should En Banc Review Correct Obvious Errors?" Richard M. Re has this post at "Re's Judicata."
Posted at 08:07 AM by Howard Bashman
"Lawyer Won't Have to Pay Up After Issuing $1 Million Challenge on TV; Appeals court says the 'offer,' made on NBC's 'Dateline,' was merely a figure of speech": Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.
At "Concurring Opinions," Lawrence Cunningham has a post titled "Million Dollar Reward Case Over."
And at "Appellate Briefs," Benjamin Gould has a post titled "A million-dollar challenge isn't a contract, says the Eleventh Circuit."
"U.S. Appeals Court Expands Gun Rights; Man Committed to Mental Institution Decades Ago Can't Be Blocked From Buying Gun": Ashby Jones of The Wall Street Journal has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Thursday, December 18, 2014
"Whoomp! (There It Is)" on appeal: Circuit Judge Stephen A. Higginson (whom I had the pleasure of meeting at last month's AJEI Summit in Dallas) issued this ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
In early news coverage, Law360.com reports that "5th Circ. Affirms $2.1M Verdict In Rap Song Rights Fight" (subscription required for full access).
Second Circuit goes all "in": Via the Second Circuit's web site, you can access the text of Federal Rule of Appellate Procedure 35, which governs rehearing en banc.
Unwilling to bow to the pressure of conformity, however, today the Second Circuit issued an order granting rehearing "in banc" in a case. Lest anyone think that might represent an unintentional oversight, today's order invokes the term "in banc" a total of five times.
Back in December 2008, I had a post in which I non-prophetically observed that "[i]n news of significance to appellate geeks everywhere, it appears that the Second Circuit has finally abandoned 'in banc' in favor of 'en banc.'"
Thank you, Second Circuit, for prolonging this controversy. Were it not for you, I might have spent the past 30 minutes covering the actual substance of appellate court rulings issued today.
"Terror victims to 2nd Circuit: Let case vs PLO go to trial next month." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:54 PM by Howard Bashman
"Broad liability waivers are 'unconscionable,' paralyzed snowboarder can sue Mt. Bachelor, Supreme Court rules": Aimee Green of The Oregonian has this news update.
And The Associated Press reports that "Oregon high court says injured snowboarder can sue."
"Nebraska and Oklahoma Sue Colorado Over Marijuana Law": Jack Healy will have this article in Friday's edition of The New York Times.
The Los Angeles Times reports that "Nebraska, Oklahoma sue Colorado over legal marijuana."
USA Today reports that "Colorado sued by neighboring states over legal pot."
Nathan Koppel of The Wall Street Journal has a news update headlined "Colorado's Marijuana Law Challenged by Nebraska, Oklahoma; Supreme Court Ruling Sought in Legal Rift Between States." You can freely access the full text of the article via Google.
John Ingold of The Denver Post reports that "Nebraska and Oklahoma sue Colorado over marijuana legalization."
Lori Pilger of The Lincoln Journal Star reports that "Nebraska, Oklahoma sue over Colorado marijuana law."
The Omaha World-Herald reports that "Bruning files lawsuit over Colorado's legalization of marijuana."
The Tulsa World reports that "Oklahoma AG Pruitt joins Nebraska suit against Colorado marijuana law."
The Washington Times reports that "Oklahoma, Nebraska ask Supreme Court to overturn Colorado pot law."
The Associated Press reports that "2 states challenge Colorado marijuana legalization."
And Reuters reports that "Neighboring states challenge Colorado pot laws in top U.S. court."
"Does judicial disagreement imply ambiguity?" Will Baude had this post yesterday at "The Volokh Conspiracy."
Posted at 09:51 PM by Howard Bashman
The American Academy of Appellate Lawyers opposes amending the Federal Rules of Appellate Procedure to reduce the word limits on briefs and to apply a conversion rate of 250 words per page when switching from a page limit to a word limit: The organization's position paper can accessed at this link.
"The value of law reviews to judges": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 09:06 PM by Howard Bashman
"SCOTUSblog on camera: Dahlia Lithwick (Part three)." You can view the video via this link.
Posted at 03:02 PM by Howard Bashman
Solicitor General files U.S. Supreme Court invitation brief in generic prescription drug failure to update warning label case initiated in California state court: You can access the CVSG brief filed today in Teva Pharmaceuticals USA, Inc. v. Superior Court of Calif., No. 13-956, at this link.
Programming note: This morning, I am visiting an appellate client who is incarcerated in a nearby federal correctional institution. As a result, additional posts will appear here this afternoon.
Posted at 09:06 AM by Howard Bashman
"Judge Kermit Bye to assume senior status on appeals court": The Forum of Fargo-Moorhead, North Dakota has this report.
And The Associated Press reports that "Judge Bye taking senior status on 8th Circuit federal appeals court."
"Executions, new death sentences continue to fall": Mark Sherman of The Associated Press has this report.
Posted at 07:54 AM by Howard Bashman
Wednesday, December 17, 2014
Fifth Circuit affirms denial of qualified immunity to Louisiana prison officials in lawsuit filed by Albert Woodfox, who asserts that his nearly 39 years in solitary confinement persists indefinitely without justification or adequate procedural protections: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:23 PM by Howard Bashman
"County loses prayer appeal; Board's next move: File petition asking 2013 injunction be lifted." The Danville (Va.) Register & Bee has this news update.
And The Associated Press reports that "Appeals court tosses Pittsylvania County board prayer case."
"Myriad Loses Appeals Court Bid to Block Breast Cancer Tests": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 09:58 PM by Howard Bashman
"The Senate Just Cemented Obama's Judicial Legacy": Jennifer Bendery of The Huffington Post has this report.
And today at "The White House Blog," Neil Eggleston has a post titled "Judicial Nominations: Accomplishments and the Work That Lies Ahead."
"Guantanamo not part of U.S.-Cuban bargain": Carol Rosenberg of The Miami Herald has a news update that begins, "The Obama administration has no intention of withdrawing from the U.S. Navy base at Guantanamo Bay, Cuba, despite the sudden shift in U.S.-Cuban relations."
Posted at 09:40 PM by Howard Bashman
"Alabama Supreme Court gets dishonorable mention in tort reform group's 'Judicial Hellholes' report": AL.com has this article.
You can access at this link the American Tort Reform Foundation's report titled "Judicial Hellholes 2014-2015."
I usually don't pay much attention to the substance of these reports, but a decision that I won on behalf of one of my appellate clients early this year in the Supreme Court of Pennsylvania is the subject of a "dishonorable mention" in this year's report. I can't say how reliable the rest of this report happens to be, but the report's description of this particular case bears little resemblance to the case's procedural posture and actual holdings.
"Texas takes aim at the First Amendment": George F. Will has this essay online at The Washington Post.
Posted at 08:30 PM by Howard Bashman
"Must Texas Issue Confederate Flag License Plates?" Law professor Michael C. Dorf has this essay online today at Justia's Verdict.
"SCOTUSblog on camera: Dahlia Lithwick (Part two)." You can view the video via this link.
Posted at 01:02 PM by Howard Bashman
"Did 'nuclear option' boost Obama's judicial appointments?" Al Kamen and Paul Kane have this entry today at the "In the Loop" blog of The Washington Post.
Posted at 01:00 PM by Howard Bashman
"Unless I'm missing something, this is an exceedingly strange opinion": Today at "The Volokh Conspiracy," Orin Kerr has a post that begins, "I just read Judge Schwab's opinion holding that Obama's executive action on immigration is unconstitutional, and, well, yikes."
Posted at 12:57 PM by Howard Bashman
"Court turns down Arizona on immigrant issue": Lyle Denniston has this updated post at "SCOTUSblog."
Posted at 12:50 PM by Howard Bashman
"What the D.C. Circuit isn't Doing Today": Joey Meyer and Kelly Landis have this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 11:17 AM by Howard Bashman
"Stage Is Set For Supreme Court Marriage Showdown -- If The Justices Want It": Chris Geidner of BuzzFeed has this report.
Posted at 09:40 AM by Howard Bashman
"Catholic midwives must supervise abortions, Supreme Court decides; Catholic midwives Mary Doogan and Connie Wood lose case against being made to supervise other staff carrying out abortions": The Telegraph (UK) has this news update.
The Guardian (UK) has a news update headlined "Catholic midwives' abortion ruling overturned by supreme court; Judges rule against Mary Doogan and Concepta Wood, who brought case objecting to any involvement in abortions."
The Daily Mail (UK) has a news update headlined "UK's highest court rules two Catholic midwives can not object to being involved in abortions in landmark case."
The Glasgow Evening Times reports that "Supreme Court overturns midwives abortion ruling; The UK's highest court has overturned a ruling made in favour of two Catholic midwives who object to any involvement in abortion procedures."
The Daily Record of Glasgow reports that "Catholic midwives from Glasgow lose abortion case at Supreme Court."
And BBC News reports that "Catholic midwives lose abortion case at UK Supreme Court."
"U.S. Says Judge Questioning Immigration Order Is Wrong": Bloomberg News has this report.
Posted at 09:07 AM by Howard Bashman
"Who bankrolls the Illinois Supreme Court?" Robert A. Clifford had this op-ed recently in The Chicago Tribune.
Posted at 09:04 AM by Howard Bashman
"Jerry Brown calls criticism of Supreme Court pick 'logically deficient'": The Sacramento Bee has this report.
And at WSJ.com's "Law Blog," Jacob Gershman has a post titled "Gov. Brown Dismisses Criticism of Pick for State High Court."
"The Slow Death of the Death Penalty: The public supports it, but the costs are lethal." Maurice Chammah has this article online today at The Marshall Project, along with a related article headlined "Six Reasons the Death Penalty is Becoming More Expensive: Experts, experts and more experts."
Posted at 08:52 AM by Howard Bashman
"Dick Cheney's America: Of course Americans are OK with torture; Look at how we treat our prisoners." Jamelle Bouie has this essay online at Slate.
Posted at 08:44 AM by Howard Bashman
"Constitutionality of Artists' Royalty Law Challenged": Pamela A. MacLean has this post on a case reargued yesterday before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit.
On YouTube, you can view the en banc reargument via this link.
"On Judicial Reputation: More Questions for Judge Posner." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 08:30 AM by Howard Bashman
Tuesday, December 16, 2014
"FDA Ruling Blocking Celebrex Generics Voided in Mylan Win": Bloomberg News has this report on a non-precedential ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 09:58 PM by Howard Bashman
"Judge Harry Edwards Is Still Unimpressed With Legal Scholarship": Michael Dorf had this post yesterday at "Dorf on Law."
Posted at 09:50 PM by Howard Bashman
"State high court to take up Doe cases centered on Walker's campaign": Patrick Marley The Milwaukee Journal Sentinel has this news update.
And The Wisconsin State Journal has a news update headlined "Wisconsin Supreme Court agrees to hear 'John Doe' challenges."
"Judge Who Axed Obama Immigration Actions Is No Stranger To Controversy": Sahil Kapur has this "5 points" post at TPM.
Posted at 06:14 PM by Howard Bashman
"Review of Damon Root's Overruled: The Long War for Control of the Supreme Court." Ilya Somin has this post at "The Volokh Conspiracy."
Posted at 05:36 PM by Howard Bashman
"Justice Breyer, Symposium Explore Legacies of Magna Carta": Jeanine Cali had this post yesterday at the "In Custodia Legis" blog of the Library of Congress.
Posted at 05:33 PM by Howard Bashman
Double entendre: Howard Fischer of The Arizona Daily Star reports that "Supreme Court orders state to provide incontinence briefs."
"The Supreme Court Ignores the Lessons of Ferguson: As the rest of the country worries about police overreach, the justices give cops yet more latitude." Dahlia Lithwick has this jurisprudence essay online at Slate.
"Constitution Check: How much secrecy does the First Amendment give to political donors?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 04:03 PM by Howard Bashman
"Industry's mercury challenge could undermine attack on EPA climate rule": Jeremy P. Jacobs of Greenwire has a report that begins, "If coal companies get their way when the Supreme Court reviews U.S. EPA's air standards for mercury and other hazardous emissions, they could undermine their primary legal challenge to another landmark pollution rule: President Obama's greenhouse gas limits for power plants."
Posted at 04:02 PM by Howard Bashman
"The Case for Justice Anthony Kennedy to Retire": Bill Scher had this essay yesterday at Real Clear Politics.
Posted at 03:54 PM by Howard Bashman
"SCOTUSblog on camera: Dahlia Lithwick (Part one)." You can view the video via this link.
Posted at 03:45 PM by Howard Bashman
"Ruling overturned on sex-change surgery for Mass. inmate": John R. Ellement and Martin Finucane of The Boston Globe have a news update that begins, "A federal appeals court has overturned a ruling that a transgender Massachusetts prison inmate is entitled to taxpayer-funded sex change surgery."
The Boston Herald has a news update headlined "Convicted killer Michelle Kosilek's demand for sex-change operation rejected."
And The Associated Press reports that "Appeals court overturns sex-change for inmate."
You can access today's 117-page, 3-to-2 en banc ruling of the U.S. Court of Appeals for the First Circuit, consisting of a majority opinion and two dissenting opinions, at this link.
"District court declares Obama immigration action unconstitutional": Jonathan H. Adler has this post at "The Volokh Conspiracy" discussing a ruling that one of the most politically conservative judges serving on the U.S. District Court for the Western District of Pennsylvania issued today.
Update: In early news coverage, Josh Gerstein of Politico.com has a blog post titled "Obama's immigration actions ruled unconstitutional."
Brian Bowling of The Pittsburgh Tribune-Review has a news update headlined "Judge uses deportation case to say Obama's executive order is unconstitutional."
The Associated Press reports that "US judge says Obama immigration action invalid."
And at WSJ.com's "Washington Wire" blog, Jacob Gershman has a post titled "A Judge Calls Obama's Executive Action on Immigration Unconstitutional."
Access online the contents of the Autumn 2014 issue of the Green Bag: Via this link (bobbleheads not included; you need a subscription to receive those).
Speaking of which, in yesterday's mail I received a certificate from the Green Bag for the Chief Justice William Rehnquist bobblehead (Supp. 1).
"Senate may confirm up to 88 federal judges": The Associated Press has this report.
Posted at 11:14 AM by Howard Bashman
"Posner pisses off plenty of people on privacy": Senior U.S. District Judge Richard G. Kopf has this alliteratively titled post today at his "Hercules and the Umpire" blog.
Posted at 11:12 AM by Howard Bashman
"Pa. Supreme Court Sides with Cozen O'Connor in Campaign Finance Dispute": Rick Hasen has this post at his "Election Law Blog" noting a decision that the Supreme Court of Pennsylvania issued yesterday.
Update: In other coverage, The Philadelphia Daily news has a report headlined "PA Supreme Court: Law firm can forgive U.S. Rep. Bob Brady's 2007 debt."
"A Conversation with Justice Elena Kagan: A conversation between Princeton President Christopher Eisgruber and Supreme Court Justice Elena Kagan" recorded November 20, 2014. You can view the video via this link.
Posted at 08:30 AM by Howard Bashman
"If uncorrected by this Court en banc or the Supreme Court, this decision, and others like it, sends a clear message to litigants: if you don't like the factual findings of a district court, the doors of our Court are wide open to endless retrials on appeal." So writes Circuit Judge Edward C. Prado in a dissent issued yesterday from the U.S. Court of Appeals for the Fifth Circuit's denial of rehearing en banc. The revised three-judge panel's opinion in this environmental case can be accessed here.
In earlier coverage of the three-judge panel's original ruling in the appeal, The Corpus Christi Caller-Times reported that "Court reverses ruling on whooping cranes' deaths."
"When the Law Gives Everybody But You a Break": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 07:58 AM by Howard Bashman
"Appeals court rehears copyright case over anti-Muslim film": Victoria Kim of The Los Angeles Times has this report.
Monday, December 15, 2014
"L.A. Porn Film Condom Mandate Survives Industry Challenge": Bloomberg News has this report.
Reuters reports that "Los Angeles porn actors must wear condoms, appeals court rules."
The Associated Press reports that "Appeals court upholds condom use in LA porn films."
At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Adult Film Industry Loses Appeal Over Los Angeles' Condom Law; The 9th Circuit decides that making porn actors wear condoms doesn't run afoul of the First Amendment."
Courthouse News Service reports that "Ninth Circuit Upholds Condom Law For L.A.'s Porn Film Industry."
LA Weekly has a blog post titled "Condoms Do Not Muzzle Free Speech, U.S. Court Rules."
And Rhett Pardon of XBIZ Newswire has reports headlined "Vivid Loses Appeal Over Measure B" and "FSC: Measure B Plaintiffs Looking at Legal Options."
View online the video of today's en banc Ninth Circuit oral argument in Garcia v. Google, Inc. On YouTube (a co-defendant in the case) via this link. The video starts early enough that you can see Circuit Judge N. Randy Smith saying his characteristic hellos in the courtroom in advance of the oral argument.* And you can access the documents filed in the case via this link.
In early news coverage, The Associated Press reports that "Lawyer: Free speech at stake in anti-Muslim film."
"High court's ideological opposites show mutual affection": Richard Wolf of USA Today has a report from Oxford, Mississippi that begins, "The Supreme Court's most senior and junior justices are ideological opposites, but they agreed on nearly everything here Monday -- including the benefits of having an elite cadre of lawyers who dominate the court's docket."
Posted at 08:42 PM by Howard Bashman
"Pa. Supreme Court affirms $151M wages ruling against Wal-Mart": The Philadelphia Inquirer has a news update that begins, "Walmart and Sam's Club workers in Pennsylvania who worked off-the-clock and worked when they were supposed to be on break, or were forced to skip their breaks will receive $151 million in unpaid wages and damages, Pennsylvania's Supreme Court ruled Monday, upholding lower- and appellate-court decisions."