How Appealing



Saturday, March 19, 2011

“The Business of the Court: Liberals say the Supreme Court has a pro-corporate bias; Are they right?” Damon W. Root has this essay online at Reason.com.

Posted at 9:40 AM by Howard Bashman



“Showdown on Wal-Mart sex-discrimination case: Supreme Court ruling could open the door for broader use of statistics to prove job bias.” David G. Savage has this article today in The Chicago Tribune.

Posted at 9:38 AM by Howard Bashman



Friday, March 18, 2011

“The judge who writes like a paperback novelist”: In last Friday’s edition of The Toronto Globe and Mail, Kirk Makin had an article that begins, “A prominent judge whose decisions are sometimes reminiscent of crime novels is causing a rumble amongst traditionalists who favour solemn rulings. Ontario Court of Appeal Judge David Watt, a jurist once known for using complex sentence structure and legalistic embellishment, has transformed himself into a writer more in the vein of American best-selling novelist Elmore Leonard.”

Posted at 10:35 PM by Howard Bashman



“Contracts can’t stop class actions in B.C., top court says”: The Toronto Globe and Mail has a news update that begins, “The Supreme Court of Canada ruled Friday that a B.C. woman has the right to launch a class-action lawsuit against her cellphone provider — even though her mobile-service contract waived her right to sue.”

Postmedia News reports that “Supreme Court overrules B.C. top court, says consumers can join class actions despite signed contracts.”

And CBC News reports that “B.C. consumers can’t sign away class-action right; Supreme Court rules against clause in Telus service contract.”

You can access today’s 5-4 ruling of the Supreme Court of Canada at this link.

Posted at 8:26 PM by Howard Bashman



“Mysterious Justice”: In this upcoming Sunday’s edition of The New York Times Magazine, Emily Bazelon will have an essay that begins, “Five years into his tenure, Justice Samuel Alito is the one conservative on the Supreme Court without a flashy legal signature.”

Posted at 8:14 PM by Howard Bashman



“DOJ Weighs Supreme Court Challenge in GPS Surveillance Dispute”: Mike Scarcella has this post at “The BLT: The Blog of Legal Times.”

Posted at 1:57 PM by Howard Bashman



“D.C. Circuit Nominee Caitlin Halligan to Argue Before U.S. Supreme Court on Monday”: Judith E. Schaeffer has this post at the “Text & History” blog of the Constitutional Accountability Center.

Posted at 1:54 PM by Howard Bashman



“The off-color personalized license plates that are banned in Illinois”: The Chicago Sun-Times contains this article today. The newspaper has also published a list of the personalized license plates that Illinois will not allow you to have.

Posted at 1:50 PM by Howard Bashman



“Northwestern at odds with star professor; E-mails raise questions about how Medill Innocence Project director handled potential evidence”: This article appears today in The Chicago Tribune.

The Daily Northwestern has an article headlined “NU removes David Protess as professor of Investigative Journalism in spring; ‘Disappointed’ Protess: No reason given, unclear if new class will focus on wrongful convictions.”

And The Associated Press reports that “Innocence Project professor pulled from class.”

Posted at 1:42 PM by Howard Bashman



“U.S. Dist. Judge Bernice Donald of Memphis breezes through confirmation hearing”: Yesterday’s edition of The Memphis Commercial Appeal contained an article that begins, “A federal judge from Memphis who has been nominated to the Sixth U.S. Circuit Court of Appeals breezed through her confirmation hearing before a congressional panel on Wednesday.”

Posted at 9:18 AM by Howard Bashman



“Supreme Court agrees to hear niqab case”: The Canadian Press has a report that begins, “The Supreme Court of Canada has agreed to hear the case of a woman who wanted to wear a niqab while testifying.”

Posted at 9:14 AM by Howard Bashman



“Vander Plaats continues campaign against 4 remaining justices”: This article appears today in The Quad-City Times of Davenport, Iowa.

Posted at 9:10 AM by Howard Bashman



Thursday, March 17, 2011

Seventh Circuit reverses entry of summary judgment in favor of the City of Chicago in civil rights class action suit filed by protesters against the Iraq war: Circuit Judge Richard A. Posner wrote the opinion for a unanimous three-judge panel. The opinion features two Google Maps images.

Judge Posner offers this practice pointer for appellate advocates:

We’ll state the facts as favorably to the plaintiffs as the record permits, as we must given the procedural posture. The statements of facts in the defendants’ briefs present the evidence they’d like a jury to accept, rather than just the evidence that, being unrefuted or irrefutable, provides a permissible basis for a grant of summary judgment. Such a mode of presentation is unhelpful to the court.

No doubt it pains many advocates to actually set forth the evidence in the light most favorable to the opposing party in an appellate brief, but failing to do so (when it is necessary to do so under the applicable standard of review) can inflict real harm on your own client’s chances of prevailing on appeal.

Posted at 2:37 PM by Howard Bashman



“Supreme Court Lecture Recalls Amish School Case”: Mark Walsh has this post today at the “School Law” blog of Education Week.

Posted at 10:28 AM by Howard Bashman



“TriMet loses free speech case over bus, train ads — again”: Today’s edition of The Oregonian contains an article that begins, “Atheism. Booze. Sex. Charlie Sheen reruns. Political agendas. Anyone selling anything can keep plastering TriMet buses and MAX trains with ads, despite the transit agency’s objections.”

You can access yesterday’s ruling of the Oregon Court of Appeals at this link.

Posted at 8:36 AM by Howard Bashman



“SF lesbian wife’s benefits denial upheld by judge”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal judge refused Wednesday to order the government to provide insurance benefits to the wife of a lesbian court employee in San Francisco, coverage the Obama administration has denied because of a law the president considers unconstitutional.”

Dan Levine of Reuters reports that “Lesbian U.S. employee set back in benefits fight.”

And The Recorder reports that “Court Employee Loses Bid to Get Spousal Benefits.”

Lambda Legal has issued a news release titled “Judge Dismisses Federal Family Benefits Case, Invites Lambda Legal to File New DOMA Complaint” and has posted yesterday’s ruling of the U.S. District Court for the Northern District of California at this link.

Posted at 8:15 AM by Howard Bashman



Wednesday, March 16, 2011

“Voters may decide to make major changes in Florida’s courts”: Today’s edition of The Gainesville Sun contains an article that begins, “Leander Shaw would never have finished his term as the first African-American chief justice on the Florida Supreme Court if the judicial changes lawmakers want to impose had been in place when he served.”

And in today’s edition of The Orlando Sentinel, columnist Scott Maxwell has an op-ed entitled “Politicians vs. judiciary: A misguided war” that begins, “State House Speaker Dean Cannon says they threaten the freedom and liberty of Americans. U.S. Rep. Sandy Adams says they disregard our ‘national sovereignty.’ Are they talking about Al-Qaida? Osama bin Laden? No. American judges.”

Posted at 10:30 PM by Howard Bashman



“Clarence Thomas’ Legal Challenges Continue to Build — Will the Next Come From Congress?” Andrew Reinbach has this entry at “The Huffington Post.”

A related video clip featuring Tom Goldstein interviewed on Fox News can be accessed via this link.

Posted at 9:03 PM by Howard Bashman



“Sam Alito: Setting the ‘Empathy Standard’ for the Supreme Court.” John Paul Rollert has this entry at “The Huffington Post.”

Posted at 9:00 PM by Howard Bashman



“TSA Admits Bungling of Airport Body-Scanner Radiation Tests”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 11:06 AM by Howard Bashman



“Sotomayor: Inequality in Education Biggest Hurdle to Diversity; During a Q&A, Sotomayor called her confirmation process in 2009 ‘horrible’ and ‘grueling.'” Amaris Elliott-Engel of The Legal Intelligencer has this report.

Posted at 10:12 AM by Howard Bashman