How Appealing



Monday, February 8, 2010

“Harry Reid ready to play at recess”: Politico.com has a report that begins, “Senate Majority Leader Harry Reid used to consider recess appointments ‘an end run around the Senate and the Constitution’ — so much so that he kept the chamber open during breaks to prevent President George W. Bush from making any more of them. But with a Democrat in the White House, and Republicans blocking executive branch nominees, Reid and his allies are starting to sing a different tune.”

Posted at 7:55 AM by Howard Bashman



“The Trials of Felipe Reyna”: The Texas Tribune today has posted online an article that begins, “Two former Texas Supreme Court justices and a Goliath of the state judicial lobby have lined up to drive Felipe Reyna from the Waco courthouse where he once worked as a janitor. The Tenth Court of Appeals Judge is undeterred.”

Posted at 7:54 AM by Howard Bashman



“Campaign case may have set course for court; Ruling’s impact might be seen in 2nd half of term”: Joan Biskupic has this article today in USA Today.

Posted at 7:25 AM by Howard Bashman



Sunday, February 7, 2010

“Democrats Divide on Voice of Possible Top-Court Pick”: In Monday’s edition of The Wall Street Journal, Jess Bravin will have an article that begins, “Democrats gearing up for a possible Supreme Court vacancy are divided over whether President Barack Obama should appoint a prominent liberal voice while their party still commands a large Senate majority, or go with someone less likely to stoke Republican opposition.”

Posted at 10:09 PM by Howard Bashman



“NRA, onetime ally feud over next big guns case to go before Supreme Court”: Robert Barnes will have this article Monday in The Washington Post.

Posted at 10:07 PM by Howard Bashman



“Federal judge breathes new life into 30-year-old death penalty case from San Jose”: Howard Mintz has this article today in The San Jose Mercury News.

Posted at 10:07 AM by Howard Bashman



Saturday, February 6, 2010

“Race & Gender of Judges Make Enormous Differences in Rulings, Studies Find”: Edward A. Adams has this post this evening at the ABA Journal’s “Law News Now” blog.

Posted at 7:54 PM by Howard Bashman



“SJC says lewd IMs to minors not illegal; Patrick, legislators aim to close loophole”: Today’s edition of The Boston Globe contains a front page article that begins, “A Beverly man who sent a series of sexually explicit instant messages to someone he thought was a 13-year-old girl had his convictions overturned yesterday by the state’s highest court, which declared that state law does not bar people from sending lewd computer messages to minors.”

My earlier coverage of yesterday’s Supreme Judicial Court of Massachusetts ruling appears at this link.

Posted at 4:30 PM by Howard Bashman



“A move to strike ‘all men’ from N.H. constitution; Some say it’s time to make document gender-neutral”: This article appears today in The Boston Globe.

Posted at 4:25 PM by Howard Bashman



“In Restraint of Liberty: Citizens United and the problem with conservative judicial restraint.” Damon W. Root has this essay online at Reason.

Posted at 10:42 AM by Howard Bashman



“3rd Circuit to Mull Privacy of Cell Phone Data; Case offers rare glimpse into the mechanics of federal criminal investigations where nearly all documents are filed ex parte and stay under seal until indictments are handed up”: Shannon P. Duffy will have this article Monday in The Legal Intelligencer.

Posted at 10:35 AM by Howard Bashman



Friday, February 5, 2010

“SJC: Instant messages are not illegal when used by sexual predators.” The Boston Globe has a news update that begins, “The state’s high court said today that sexually explicit instant messages used by a Beverly man to arrange a sexual encounter with someone he thought was a 13-year-old girl are not illegal under current state law.”

And The Associated Press has a report headlined “Mass. court: Sexual e-messages to minors legal.”

You can access today’s ruling of the Supreme Judicial Court of Massachusetts at this link.

Posted at 10:37 PM by Howard Bashman



“Justice Thomas Gives Shout-Out to Florida Lawyer”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 3:02 PM by Howard Bashman



“Ex-justice spent 4 decades on bench”: Today’s edition of The Columbus Dispatch contains an obituary that begins, “J. Craig Wright, a pugnacious justice who served 11 years on the Ohio Supreme Court, died Wednesday in California. He was 80.”

According to the obituary, Wright was “involved in one of the most infamous episodes in court history” when he had a physical altercation with another Justice serving on Ohio’s highest court that caused the other Justice to sustain three broken ribs. But, the obituary goes on to report, “The two justices later reconciled and became friends.”

Posted at 10:02 AM by Howard Bashman



“Conflicting opinions complicate students’ cases”: Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, “A federal appeals court Thursday issued what could be conflicting opinions on cases that involve students creating parody profiles on social networking sites.”

The Republican Herald of Pottsville, Pennsylvania reports today that “Blue Mountain discipline in MySpace case upheld by federal court.”

The Times-Tribune of Scranton, Pennsylvania reports that “Judge Munley’s ruling against student in MySpace case upheld by appeals court.”

And Shannon P. Duffy of The Legal Intelligencer has an article headlined “Do 3rd Circuit Rulings Over Student Speech on MySpace Pages Contradict?

The two Third Circuit rulings issued yesterday that are the subject of this press coverage can be accessed here and here.

Posted at 7:40 AM by Howard Bashman



“Illinois Supreme Court strikes down medical malpractice law; Court says limiting damages violates separation-of-powers clause by allowing lawmakers to interfere with a jury’s right to determine damages”: This article appears today in The Chicago Tribune. The newspaper also contains an editorial entitled “A disastrous decision.”

The New York Times reports today that “Illinois Court Overturns Malpractice Statute.”

Nathan Koppel of The Wall Street Journal reports that “Illinois Supreme Court Tosses Malpractice-Award Curbs.”

The St. Louis Post-Dispatch reports that “Illinois Supreme Court throws out medical malpractice award limits.”

The State Journal-Register of Springfield, Illinois reports that “Malpractice cap supporters, opponents continue long-running debate following court ruling.”

The Belleville News-Democrat reports that “Metro-east plaintiff lawyers applaud malpractice ruling; doctors fear new exodus from area.” The newspaper also contains an editorial entitled “Turn for worse for health care.”

The Bloomington Pantagraph reports that “Downstate lawmakers disappointed by court decision on malpractice.”

The Quad-City Times reports that “Downstate lawmakers disappointed by court decision.”

The Herald-News of Joliet, Illinois has an article headlined “Malpractice caps controversial.”

And as for how the decision is playing in Peoria, The Peoria Journal Star reports that “Attorneys say malpractice ruling will have little effect on Peoria.”

My earlier coverage of yesterday’s Illinois Supreme Court ruling appears at this link.

Posted at 7:28 AM by Howard Bashman



“Cox: Close canal to stop carp; DNA data was kept from U.S. Supreme Court, he says.” Today’s edition of The Detroit Free Press contains an article that begins, “Michigan Attorney General Mike Cox filed a renewed request for an immediate injunction Thursday with the U.S. Supreme Court, asking the justices to close locks on the Chicago shipping canal leading to Lake Michigan.”

And The Associated Press reports that “Michigan renews push to close Chicago ship locks.”

Posted at 7:10 AM by Howard Bashman



Thursday, February 4, 2010

“Notes on Justice Kennedy”: As I noted in this post from earlier today, Justice Anthony M. Kennedy spoke yesterday at the Pepperdine University School of Law.

Attorney Ben Shatz was present at the event, and you can access his notes on Justice Kennedy’s remarks via this post at “Southern California Appellate News.”

Posted at 8:37 PM by Howard Bashman



“A Conversation with Associate Justice Clarence Thomas”: This morning’s event at the University of Florida Levin College of Law can now be viewed online, on-demand by clicking here.

Posted at 2:33 PM by Howard Bashman



U.S. Court of Appeals for the Third Circuit today decides two student online free speech cases: Today’s ruling by a divided three-judge panel in J.S. v. Blue Mountain School District begins, “This appeal presents a challenge to J.S.’s suspension from Blue Mountain Middle School after she created from her home computer a MySpace.com Internet profile featuring her principal, James McGonigle.”

And today’s ruling by a different, unanimous three-judge panel in Layshock v. Hermitage School District begins, “In this appeal and cross-appeal, we are asked to determine if a school district can punish a student for expressive conduct that originated outside of the classroom, when that conduct did not disturb the school environment and was not related to any school sponsored event.”

Posted at 2:25 PM by Howard Bashman



“D.C. Circuit to Ex-Judge in Pants Suit: Follow the Rules.” Mike Scarcella has this post today at “The BLT: The Blog of Legal Times.”

Posted at 2:03 PM by Howard Bashman