How Appealing



Wednesday, March 31, 2010

“The Power of Posner: A Study of Prestige and Influence in the Federal Judiciary.” Christopher C. McCurdy and Ryan P. Thompson have posted this paper online at SSRN.

Posted at 4:22 PM by Howard Bashman



“Islamic charity wins suit over wiretapping”: At his “Under the Radar” blog at Politico.com, Josh Gerstein has a post that begins, “A defunct Islamic charity has won its closely watched lawsuit over the Bush administration’s warrantless wiretapping program, a federal judge ruled Wednesday.” You can access the opinion at this link.

And at Wired.com’s “Threat Level” blog, David Kravets has a post titled “Court Says Bush Illegally Wiretapped Two Americans.”

Posted at 4:15 PM by Howard Bashman



“Communicating With Those Who Have No Privacy Rights: The Hard Question in City of Ontario v. Quon.” Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 11:17 AM by Howard Bashman



Access online today’s opinions of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases.

1. Justice Antonin Scalia announced the judgment of the Court and delivered the opinion of the Court in part in Shady Grove Orthopedic Associates, P.A. v. Allstate Ins. Co., No. 08-1008. You can access the Court’s ruling at this link, while the oral argument transcript can be accessed here. This case produced an interesting line-up of Justices in that the result was 5-4 and the dissenting opinion was written by Justice Ruth Bader Ginsburg and joined in by Justices Anthony M. Kennedy, Stephen G. Breyer, and Samuel A. Alito, Jr.

2. In the final ruling issued today, Justice John Paul Stevens delivered the opinion of the Court in Padilla v. Kentucky, No. 08-651. Justice Alito issued an opinion concurring in the judgment, in which the Chief Justice joined. And Justice Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument transcript at this link.

Update: In early news coverage, The Associated Press has a report headlined “Court: Defendants entitled to immigration advice.”

Posted at 10:07 AM by Howard Bashman



“N.J. Supreme Court upholds privacy of personal e-mails accessed at work”: Today’s edition of The Newark Star-Ledger contains an article that begins, “A company should not have read e-mails a former employee wrote to her lawyer from a private, password-protected web account, even though she sent them from her employer’s computer, according to a state Supreme Court ruling today that attorneys said could influence workplace privacy rules across the country.”

You can access yesterday’s ruling of the Supreme Court of New Jersey at this link. The opinion’s syllabus begins, “This case presents novel questions about the extent to which an employee can expect privacy and confidentiality in e-mails with her attorney, which she sent and received through her personal, password-protected, web-based e-mail account using an employer-issued computer.”

Posted at 9:04 AM by Howard Bashman



“Supreme Court’s first female justice lectures in Claremont”: This article appears today in The Inland Valley Daily Bulletin of Ontario, California.

Posted at 9:00 AM by Howard Bashman



“Abortion bill clears Round 1”: Today’s edition of The Omaha World-Herald contains an article that begins, “Nebraska lawmakers moved the state back into the spotlight of the national debate over abortion on Wednesday night. On a 38-5 vote, senators advanced a bill that would set a ‘bright line’ when abortions could no longer be performed in the state.”

And The Lincoln Journal Star reports today that “Bill to tighten abortion restrictions gains first-round approval.”

Posted at 8:57 AM by Howard Bashman



“Is mandate constitutional? If the individual health insurance mandate survives court challenges, states’ rights will have withered before our eyes.” Law professor Jonathan Turley has this op-ed today in USA Today.

Posted at 8:52 AM by Howard Bashman



“Justices Set Aside Ruling on Mutual Fund Fees”: Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that “Supreme Court sticks with longtime stand on fees for mutual funds.”

David G. Savage of The Los Angeles Times reports that “Justices give mutual fund investors a crack at suing over exorbitant fees; In one of its most closely watched business cases this term, the Supreme Court still made it hard to win such claims and warned against judicial ‘second-guessing’ of independent boards’ fee decisions.”

USA Today reports that “Mutual fund fees case goes back to lower court; High court says fees hinge on criteria set in 1982 case.”

And Tony Mauro of The National Law Journal has an article headlined “Spin or Win for Investment Industry in High Court Mutual Funds Case?

Posted at 8:42 AM by Howard Bashman



Tuesday, March 30, 2010

“Ken Starr tells Texas Wesleyan law students that legal profession is ‘under a lot of stress'”: The Fort Worth Star-Telegram has a news update that begins, “Ken Starr — the independent counsel who investigated Whitewater and former President Bill Clinton’s relationship with intern Monica Lewinsky — says he’s had one key disappointment in his professional career: not being named to serve on the U.S. Supreme Court.”

Posted at 11:34 PM by Howard Bashman



“White House Court Brief Backs Race-Based Admissions”: In Wednesday’s edition of The Wall Street Journal, Jess Bravin will have an article that begins, “The Obama administration has asked a federal appeals court to uphold a race-conscious admissions system at the University of Texas at Austin, aiming to stymie a lawsuit that conservatives hope will spur the Supreme Court to limit affirmative action at public colleges.” You can freely access the full text of the article via Google News.

Posted at 11:28 PM by Howard Bashman



Access online today’s opinions of the U.S. Supreme Court in argued cases: The Court today issued three opinions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Jones v. Harris Associates L.P., No. 08-586. In addition, Justice Clarence Thomas issued a concurring opinion. You can access the oral argument transcript at this link.

2. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Berghuis v. Smith, No. 08-1402. In addition, Justice Thomas issued a concurring opinion. You can access the oral argument transcript at this link.

3. And Justice John Paul Stevens delivered the opinion of the Court in Graham County Soil and Water Conservation Dist. v. United States ex rel. Wilson, No. 08-304. Justice Antonin Scalia filed an opinion concurring in part and concurring in the judgment. Justice Sonia Sotomayor filed a dissenting opinion, in which Justice Stephen G. Breyer joined. You can access the oral argument transcript at this link.

In early news coverage, The Associated Press reports that “Court says judges can settle mutual fund fee fight” and “High court restricts whistleblower lawsuits.”

Posted at 10:03 AM by Howard Bashman



“Ruling stymies child sex-abuse case; Citing a 2004 decision that limits the use of videotaped interviews, Hennepin County won’t prosecute a case involving 4-year-old victim”: This article appears today in The Minneapolis Star Tribune.

Posted at 8:26 AM by Howard Bashman



“Majority of D.A.s in state oppose Obama nominee”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Forty-two of California’s 58 county district attorneys are opposing President Obama’s nomination of Goodwin Liu to the federal appeals court in San Francisco, saying they believe the UC Berkeley law professor is hostile to the death penalty.”

Posted at 8:10 AM by Howard Bashman



“Supreme Court cases test speech rights — and more; Politically charged disputes put a spotlight on justices”: Joan Biskupic has this article today in USA Today.

Posted at 8:04 AM by Howard Bashman



Monday, March 29, 2010

“Domestic Violence Victim Fights for Her Name at the Supreme Court; Case asks who truly enforces restraining orders”: law.com has this report.

Posted at 11:29 PM by Howard Bashman



“Justice Crooks to stay on Gableman ethics case”: The Milwaukee Journal Sentinel has a news update that begins, “State Supreme Court Justice N. Patrick Crooks will stay on the ethics case of fellow Justice Michael Gableman, who asked Crooks to step aside.”

Posted at 11:27 PM by Howard Bashman



“US judge urges skepticism on forensic evidence; Gertner says she’ll expect defense lawyers to challenge its validity”: Today in The Boston Globe, Jonathan Saltzman has an article that begins, “‘CSI’ may make for gripping television, but US District Court Judge Nancy Gertner says forensic evidence isn’t everything it’s cracked up to be. In a move that some legal scholars said may be the first by a federal judge, Gertner has ordered defense lawyers and prosecutors not to assume that evidence routinely accepted in the courts for decades is reliable. Defense lawyers, she wrote, should vigorously challenge fingerprints, bullet identification, handwriting, and other trace evidence, and prosecutors should be prepared to show it is valid.”

Posted at 3:03 PM by Howard Bashman



“Lawyers vs. Health Reform: Why the court challenges will fail.” Dahlia Lithwick has this essay in the April 5, 2010 issue of Newsweek.

Posted at 2:58 PM by Howard Bashman



“Obama backs secrecy for Bush pardon denials”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 12:33 PM by Howard Bashman



“Obama, Senate Need to Move Fast on Vacancies”: Today in Roll Call, law professor Carl Tobias has an essay that begins, “When Barack Obama was elected president, four of 15 judgeships stood vacant on the U.S. Court of Appeals for the 4th Circuit, which covers Maryland, Virginia, West Virginia and the Carolinas.”

Posted at 11:10 AM by Howard Bashman



“Tensions Flare After Recess Maneuver; Obama Bypasses Senate on 15 Stalled Appointments, Drawing Fierce GOP Criticism”: This article appears today in The Wall Street Journal. You can freely access the full text of the article via Google News.

Posted at 9:02 AM by Howard Bashman