Saturday, October 10, 2015
"U.S. Appeals Court Blocks EPA Water Rule Nationwide; Rule seeks to expand federal protection of water and wetlands": Brent Kendall and Amy Harder of The Wall Street Journal have this report.
Ben Wolfgang and Stephen Dinan of The Washington Times have an article headlined "Another setback for Obama: Court halts EPA's controversial water rule."
The Cleveland Plain Dealer reports that "Court stays controversial EPA water regulation."
Reuters reports that "U.S. court places hold on clean water rule nationwide."
The Associated Press reports that "Appeals court puts hold on regulation protecting waterways."
And The Texas Tribune reports that "To Paxton's Cheers, Court Blocks EPA Clean Water Rule."
"Mass. General Hospital wins gender discrimination lawsuit": This article appeared in The Boston Globe in May 2014.
Yesterday, in a 66-page(!) unanimous opinion whose length cannot entirely be attributed to the use of inscrutable language, Senior Circuit Judge Bruce M. Selya on behalf of a three-judge panel of the U.S. Court of Appeals for the First Circuit concluded that the judgment should be affirmed.
"Ninth Circuit Strikes a Blow Against Civil Forfeiture Abuse": Evan Bernick has this blog entry online at The Huffington Post.
Posted at 10:57 AM by Howard Bashman
"Scott Walker names Rebecca Bradley to Supreme Court": Patrick Marley And Jason Stein of The Milwaukee Journal Sentinel have an article that begins, "Republican Gov. Scott Walker on Friday appointed state Appeals Judge Rebecca Bradley to the Wisconsin Supreme Court, strengthening conservative control of the high court and giving Bradley a boost in her bid for a full term in the spring."
Posted at 07:50 AM by Howard Bashman
"Gun laws across U.S. in balance as Supreme Court considers Chicago case": David G. Savage of The Los Angeles Times has this report.
Posted at 07:49 AM by Howard Bashman
"Judicial panel indicates Kane withheld Eakin emails": Craig R. McCoy and Angela Couloumbis have this article in today's edition of The Philadelphia Inquirer.
Wallace McKelvey of The Harrisburg Patriot-News has an article headlined "Supreme Court justice shared offensive emails with law enforcement officials: Report."
Terrie Morgan-Besecker of The Scranton Times-Tribune has an article headlined "Judicial Conduct Board confirms new investigation of Supreme Court justice."
And The Associated Press reports that "PA conduct board opens email probe of Supreme Court Justice Michael Eakin amid new disclosures."
"Argument preview: Defining the jury's role on death penalty." Lyle Denniston has this post today at "SCOTUSblog."
And yesterday, Denniston had a post titled "Argument preview: A new look -- maybe -- at life sentences for youths."
"The Justices Are Irked With One Another Over the Death Penalty: Two cases from Kansas bring out their irritation." Mark Joseph Stern recently had this Supreme Court dispatch online at Slate.
Posted at 07:30 AM by Howard Bashman
Thursday, October 8, 2015
Programming note: Additional posts will appear here on Friday night. During the day Friday, I will be driving from the Philadelphia suburbs to Atlanta, Georgia, where this weekend I will be visiting my son (who will be on fall break from college until next Tuesday), other family, and friends.
As is often the case, while I am away from the computer additional appellate-related posts may appear at this blog's Twitter feed.
"Downward dog duplication? Relax, yoga poses can't be copyrighted, court rules." Maura Dolan of The Los Angeles Times has this news update.
Dan Levine of Reuters reports that "U.S. court says yoga sequence cannot be copyrighted."
The Associated Press has a report headlined "Court: Yoga sequence not entitled to copyright protection."
And David Kravets of Ars Technica reports that "Guru denied copyright protection for Bikram yoga sequence of postures; Brushing teeth, pushing lawnmowers, shaking Polaroids also not copyrightable."
"Legal experts decry offensive Eakin emails": Craig R. McCoy and Angela Couloumbis of The Philadelphia Inquirer have a news update that begins, "Experts on legal ethics condemned state Supreme Court Justice J. Michael Eakin on Thursday following disclosures that he had sent or received emails that mocked Muslim children as suicide bombers, called Mexicans 'beaners,' and joked about domestic-assault victims."
Posted at 09:35 PM by Howard Bashman
"Constitution Check: If a particular gun is widely popular, does that put it under the Second Amendment?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
"Minnesota Supreme Court upholds constitutionality of Minnesota's payday lending law; Out-of-state lenders must obey strict Minnesota law": The Minneapolis Star Tribune has this report.
"MBTA's acceptance, rejection of ads may land before Supreme Court; Free-speech dispute on court's radar": Kimberly Atkins of The Boston Herald has this report.
Posted at 01:32 PM by Howard Bashman
"Erie diocese awaits word from U.S. Supreme Court": Ed Palattella of The Erie Times-News has this report.
Posted at 01:26 PM by Howard Bashman
Ninth Circuit holds that a sequence of yoga poses and breathing exercises is not entitled to copyright protection: The U.S. Court of Appeals for the Ninth Circuit issued this decision today.
Posted at 01:22 PM by Howard Bashman
"Report: Oklahoma used wrong drug in January execution." The Associated Press has this report.
Posted at 01:18 PM by Howard Bashman
"Appeals court rules for heirs of Santa Claus song composer": The Associated Press has this report.
And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Rules EMI's 'Santa Claus Is Coming to Town' Rights Terminate Next Year; Songwriter's heirs win hard-fought case over holiday classic."
"A Supreme Court justice's indecent inbox": This cover story appears in today's edition of The Philadelphia Daily News.
And columnist Helen Ubinas has an essay titled "Indecent judicial inboxes are about more than just dirty minds."
"Enough is a enough on capital punishment": Mark White and Mark Earley had this op-ed in yesterday's edition of The Tulsa World.
Posted at 11:09 AM by Howard Bashman
"Were These Transgender Prisoners Paroled -- Or Just Kicked Out? Three prisons were ordered to provide transgender health care; Three prisoners were suddenly set free." Beth Schwartzapfel has this report online at The Marshall Project.
Posted at 11:08 AM by Howard Bashman
"Coming Your Way Soon: The Little Book Of Big Appellate Tips!" Dan Klau recently had this post at his "Appealingly Brief!" blog.
Posted at 11:04 AM by Howard Bashman
"Kane's release of complaint against Supreme Court justice mirrors leaks in her case": Terrie Morgan-Besecker has this front page article in today's edition of The Scranton Times-Tribune.
Posted at 08:25 AM by Howard Bashman
"Governor Wants To Pack Georgia Supreme Court And Give Republicans A Majority": Ian Millhiser has this post at ThinkProgress.
Posted at 08:22 AM by Howard Bashman
"Donald Trump goes to Supreme Court over Menie wind farm; Donald Trump's challenge to a planned offshore wind farm is being heard at the UK's Supreme Court": BBC News has this report.
Posted at 08:20 AM by Howard Bashman
"Supreme Court Probes Protections in Death-Penalty Cases; Passions run high in arguments devoted to capital punishment": Jess Bravin has this article in today's edition of The Wall Street Journal.
Posted at 08:12 AM by Howard Bashman
"Bob Dylan and the supremes -- Ginsburg and Scalia, that is": Reuters has this report on an interview with Justice Ruth Bader Ginsburg that appears today in the Swiss newspaper Neue Zuercher Zeitung.
Posted at 08:06 AM by Howard Bashman
"Death Penalty States Face Hurdles in Carrying Out Executions": Manny Fernandez will have this article in Friday's edition of The New York Times.
Posted at 08:00 AM by Howard Bashman
"The Supreme Court's Loss of Prestige: For the first time in a long time, more people disapprove than approve of its performance." Law professor Eric Posner has this essay online at Slate.
Posted at 07:56 AM by Howard Bashman
Wednesday, October 7, 2015
"For Justices, Death Penalty Cases Are Personal": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:27 PM by Howard Bashman
"Justices appear skeptical at reversal of Wichita murderers' death sentences": Robert Barnes of The Washington Post has this report.
Ariane de Vogue of CNN.com reports that "Supreme Court hears new death penalty arguments."
Cristian Farias of The Huffington Post reports that "Supreme Court Obsesses Over Death Again In 'Wichita Massacre' Cases; For two hours, the justices grappled with the process of death sentencing."
And on today's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Justices Deeply Divided Over Death Penalty In New Term."
"Cuozzo Takes IPR Challenge to the Supreme Court": Dennis Crouch has this post today at the "Patently-O" blog.
"The rule of necessity thus permits a district judge to hear a case in which he is named as a defendant where a litigant sues all the judges of the district." Circuit Judge Carlos T. Bea issued this interesting opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
"Craig's Attorney Cites Roll Call Report in Appeals Court Case": Todd Ruger of Roll Call has this report.
Posted at 07:48 PM by Howard Bashman
"Justices Hear Cases on Death Penalty, Without the Bitterness of June": Adam Liptak of The New York Times has this news update.
Richard Wolf of USA Today reports that "Supreme Court defends contested death penalty verdicts in Kansas."
And Michael Doyle of McClatchy reports that "Supreme Court wrestles with legal aftermath of 'Wichita Massacre.'"
"High court weighs 3 death sentences in Kansas cases": Sam Hananel of The Associated Press has this report.
Lawrence Hurley of Reuters reports that "Supreme Court tackles 'Wichita Massacre' death penalty case."
And Lyle Denniston has a blog post titled "Pondering an issue that's not at stake -- or is it?"
"Appeals court throws out Texas flag-desecration law": Chuck Lindell of The American-Statesman has this news update.
Today's 6-to-3 ruling of the Texas Court of Criminal Appeals -- that state's highest court in criminal cases -- consists of a majority opinion, a concurring opinion, and two dissenting opinions (here and here).
"U.S. Supreme Court skeptical of Kansas Supreme Court's decision in Carr, Gleason cases; AG Schmidt argued juries understood their role in death sentences": Justin Wingerter of The Topeka Capital-Journal has this news update.
"Judicial Internet Research: Does the First SCOTUS Decision of OT 2015 Bode Ill for Dr. Posner?" Eric G. Pearson had this interesting post yesterday at the "Wisconsin Appellate Law" blog.
Posted at 11:00 AM by Howard Bashman
"Supreme Court tells lawyers: Stand in line yourselves; You can't pay others to hold a spot." Robert Barnes has this front page article in today's edition of The Washington Post.
Posted at 10:58 AM by Howard Bashman
"How the Supremes Rule on Global Law: Justice Stephen Breyer's new book thoughtfully discusses how the Court should reconcile foreign and domestic legal issues; But it may be too little too late." Law professor David Fontana has this essay online today at The Daily Beast.
Posted at 08:34 AM by Howard Bashman
"Alabama probate judge: Let federal government issue same-sex marriage licenses." Kent Faulk of The Birmingham News has this report.
Posted at 08:32 AM by Howard Bashman
Tuesday, October 6, 2015
"Alaska Supreme Court Justice Fabe to retire next year": Alaska Dispatch News has an article that begins, "Alaska Supreme Court Justice Dana Fabe announced Tuesday that she would retire in June, after more than 20 years with the state's highest court."
Posted at 11:06 PM by Howard Bashman
"Texas Cases Factor in New Supreme Court Term": The Texas Tribune has this report.
Posted at 11:03 PM by Howard Bashman
"Cleveland asks U.S. Supreme Court to overturn 'jock tax' ruling": The Cleveland Plain Dealer has this news update.
Posted at 11:00 PM by Howard Bashman
"Brevard judge in viral fight video suspended by Florida Supreme Court": News Service of Florida has this report.
"Data Transfer Pact Between U.S. and Europe Is Ruled Invalid": Wednesday's edition of The New York Times will contain an article that begins, "Europe's highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people's web search histories and social media updates between the European Union and the United States."
Bloomberg News reports that "EU Privacy Ruling May Disrupt U.S. Tech Firms, Spy Programs."
Reuters has reports headlined "Europe-U.S. data transfer deal used by many firms ruled invalid" and "Schrems: the law student who brought down a transatlantic data pact."
And The Associated Press reports that "Top EU court rules data sharing pact with US invalid."
"U.S. Supreme Court lets Jim Thorpe's body stay in Pennsylvania, but controversy continues": Michael Overall has this front page article in today's edition of The Tulsa World.
Posted at 10:09 PM by Howard Bashman
"Ten Commandments monument removed from Capitol grounds Monday night": Barbara Hoberock has this front page article in today's edition of The Tulsa World.
The Oklahoman reports that "Workers remove Ten Commandments from Oklahoma Capitol grounds."
And The Associated Press reports that "Company that built Ten Commandments monument still unpaid."
"Supreme Court Sees DirecTV Class Action as Too Big and Too Small": Adam Liptak will have this article in Wednesday's edition of The New York Times.
And David G. Savage of The Los Angeles Times reports that "Justices disagree in case involving DirecTV class-action lawsuit."
"Supreme Court To Lawyers: Hold Your Own Place In Line." Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
And today at WSJ.com's "Law Blog," Jess Bravin has a post titled "High Court Bars Lawyers From Using 'Line Standing' Services."
"A discussion about the Supreme Court's new term with Jeffrey Toobin of CNN and The New Yorker and Adam Liptak of The New York Times": You can view the video of this recent segment from The Charlie Rose Show at this link.
Posted at 08:20 PM by Howard Bashman
"Chief justice won't delay wage rules for home care workers": The Associated Press has this report.
"U.S. justices weigh Baltimore cop's kickback conspiracy appeal": Lawrence Hurley of Reuters has this report.
"Constitution Check: Did the Pope intervene in America's marriage controversy?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:42 PM by Howard Bashman
"Lawyer Accused in Scandal Over MasterCard Deal Speaks Out; Keila Ravelo suggests she has some bombs to drop on big law firms if she is prosecuted": Paul Barrett of Bloomberg News has this report.
Posted at 01:38 PM by Howard Bashman
"NLRB v. Noel Canning Tests the Limits of Judicial Memory: Leon Higginbotham, Spottswood Robinson, and David Rabinovitz 'Rendered Illegitimate.'" Victor Williams has this article online at the Houston Law Review's Off the Record.
Posted at 01:22 PM by Howard Bashman
"A Supreme Court Case for Fans of 'The Wire'": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 01:12 PM by Howard Bashman
"Authority for Maryland v. Kulbicki": Colin Starger has this post today at the "In Progress" blog.
At the "Maryland Appellate Blog," Steve Klepper has a post titled "Supreme Court Summarily Reverses Maryland Court of Appeals in Kulbicki."
And in news coverage, today's edition of The Baltimore Sun contains a front page article headlined "Supreme Court reinstates 1995 murder conviction of Baltimore cop."
"Judge Easterbrook Identifies Vehicle for Supreme Court to Reconsider Auer Deference": Chris Walker has this post at the blog of the Yale Journal on Regulation about a statement concurring in the denial of rehearing en banc that Seventh Circuit Judge Frank H. Easterbrook issued yesterday.
Posted at 10:26 AM by Howard Bashman
"Supreme Court Justices Get More Liberal As They Get Older": Oliver Roeder had this post yesterday at FiveThirtyEight.
Posted at 10:23 AM by Howard Bashman
"Ninth Circuit Judge Edward Leavy to Receive Prestigious Devitt Award": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
Posted at 10:18 AM by Howard Bashman
"In Menendez case, Citizens United also on trial": Jonathan Tamari has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 08:35 AM by Howard Bashman
"The Chief, Ten Years In: A tribute to Chief Justice John G. Roberts Jr. '79 by Martha Minow." This cover story appears in the Fall 2015 issue of the Harvard Law Bulletin.
"Rekindled Email Scandal Tests State Supreme Court, Again": Lizzy McLellan and Max Mitchell have this article, in which I am quoted, in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
"Supreme Court Landmark Case Marbury v. Madison": C-SPAN has posted the video of last night's broadcast at this link.
Posted at 08:05 AM by Howard Bashman
Monday, October 5, 2015
"Supreme Court Kicks Off New Term With Collegiality": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 11:20 PM by Howard Bashman
"Supreme Court Faces Controversial Docket As New Term Opens": This audio segment featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:35 PM by Howard Bashman
"Supreme Court Justices Seem Wary of Suit in Austrian Train Injury": Adam Liptak will have this article in Tuesday's edition of The New York Times.
And Richard Wolf of USA Today reports that "In first case of new term, justices may limit access to courts."
"High court denies Huguely appeal": The Daily Progress of Charlottesville, Virginia has this report.
And The Baltimore Sun reports that "Supreme Court rejects hearing Huguely appeal in Yeardley Love death."
"Appeals of baseball, insider trading cases among those rejected as Supreme Court opens term": David G. Savage of The Los Angeles Times has this report.
Howard Mintz of The San Jose Mercury News reports that "San Jose loses legal fight against MLB over Oakland A's plan."
And Bob Egelko of The San Francisco Chronicle reports that "U.S. Supreme Court rejects San Jose's bid to lure Oakland A's."
Dahlia Lithwick and Mark Joseph Stern preview the October 2015 Term: Online at Slate, they have a jurisprudence essay titled "The Supreme Court's Most Important Cases of the New Term: Just how bad will things be for abortion, affirmative action, unions, and voting rights?"
In addition, Lithwick has a jurisprudence essay titled "How the Supreme Court Justices Spent Their Summer Vacation: As the new term begins, can they ever forgive one another?"
"Will Sandra Day O'Connor's Legacy Live On? We're lucky it lasted as long as it did." Linda Hirshman has this jurisprudence essay online at Slate.
Posted at 09:44 PM by Howard Bashman
"Pope Francis' Message Isn't Echoed at Red Mass: A reminder that the only faith that should matter at the Supreme Court is faith in the Constitution." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:42 PM by Howard Bashman
"U.S. Supreme Court: Jim Thorpe's body to remain in town that bears his name." Peter Hall of The Morning Call of Allentown, Pennsylvania has this report.
The New York Times reports that "Supreme Court Declines to Hear Jim Thorpe Appeal."
The Los Angeles Times reports that "Supreme Court rules on Jim Thorpe's remains."
And Reuters reports that "U.S. Supreme Court denies appeal seeking return of Jim Thorpe's remains."
"Supreme Court Plans to Highlight Revisions in Its Opinions": Adam Liptak of The New York Times has this report.
And Cristian Farias of The Huffington Post reports that "Supreme Court Stops Lawyers From Paying Line-Standers In Big Cases; The move is among measures to combat questionable court practices; But there's still more to be done."
"Plaintiff Friedrichs: I dared defy the unions." The Washington Examiner has this report.
Posted at 08:50 PM by Howard Bashman
"Why liberals fear new Supreme Court term could hurt abortion rights and unions": David G. Savage has this article in today's edition of The Los Angeles Times.
Posted at 08:46 PM by Howard Bashman
I will be attending the Appellate Judges Education Institute Summit in Washington, DC from November 12 through 15, 2015: Given how much I enjoyed attending last year's AJEI Summit in Dallas (see here and here), I am please to say that I will be attending this year's event located even closer in Washington, DC. And I have been reliably advised that the summit will be held in an even more convenient location, at least for me, in Philadelphia, PA in a year or two from now. You can access this year's program via this link.
Although registration for the program will remain open until the end of the month, this Friday marks the deadline for obtaining hotel reservations at the event's location at the AJEI's negotiated discount rate.
"The politicization of our Supreme Court": Law professor Richard Garnett has this essay online today at FoxNews.com.
Posted at 04:25 PM by Howard Bashman
"SCOTUS Inadvertently Posted, and Promptly Deleted, Same-Day Oral Argument for OBB Personenverkehr AG v. Sachs": Josh Blackman has this blog post today. Now if only he had saved the audio file so he could share it with the rest of us.
Posted at 04:10 PM by Howard Bashman
"Supreme Court Opens With a Trip to Europe": Law professor Noah Feldman has this essay online today at Bloomberg View.
Ninth Circuit dismisses appeal of transgendered former inmate Michelle Norsworthy as moot: You can access today's per curiam ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:45 PM by Howard Bashman
"Legal Writing that Moves Gavels": In a podcast you can access here, J. Craig Williams and Bob Ambrogi interview Ninth Circuit Judge Alex Kozinski and Senior U.S. District Judge Richard G. Kopf of the District of Nebraska.
Posted at 01:30 PM by Howard Bashman
"A dangerous Obamacare lawsuit": Irvin B. Nathan has this op-ed in today's edition of The Washington Post.
Posted at 01:22 PM by Howard Bashman
"U.S. court rejects creditors' bid for Argentine funds held by BNY Mellon": Reuters has this report on two non-precedential summary orders (here and here) that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:20 PM by Howard Bashman
Brent Kendall of The Wall Street Journal is reporting: He has news updates headlined "Supreme Court Denies DOJ Appeal on Insider-Trading Prosecutions; Move ends the government's effort to overturn a court ruling favoring Wall Street defendants"; "Major League Baseball Scores Victory at Supreme Court; Justices decline to review baseball's antitrust exemption"; and "Supreme Court Denies Appeal by Long-Time Madoff Investors; Action clears way for distribution of $900 million in recovered funds."
Posted at 11:40 AM by Howard Bashman