How Appealing



Wednesday, May 25, 2011

“Records suffice for breath evidence in DUI, court says”: Today’s edition of The Boston Globe contains an article that begins, “The state’s highest court ruled yesterday that prosecutors in drunken driving cases do not have to call a technician to testify that the breath-analysis device used by police worked properly.”

You can access yesterday’s Confrontation Clause-related ruling of the Supreme Judicial Court of Massachusetts at this link.

Posted at 8:02 AM by Howard Bashman



“U.S. official cites misconduct in Japanese American internment cases; Acting Solicitor Gen. Neal Katyal says one of his predecessors, Charles Fahy, deliberately hid from the Supreme Court a military report that Japanese Americans were not a threat in World War II”: David G. Savage has this article today in The Los Angeles Times.

And at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “In DOJ Speech, Katyal Addresses Japanese Internment Cases.”

Posted at 7:46 AM by Howard Bashman



Tuesday, May 24, 2011

“Fifth Circuit Issues Proposed En Banc Rule, Addressing Previous Kerfuffle”: Michelle Olsen has this post at her “Appellate Daily” blog.

Posted at 3:05 PM by Howard Bashman



“The question we consider under [the Fair and Accurate Credit Transactions Act] is the meaning of the words ‘print’ and ‘electronically printed’ in connection with an emailed receipt.” So states an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.

The opinion offers the following summary of the court’s holding: “We conclude that under FACTA, a receipt that is transmitted to the consumer via email and then digitally displayed on the consumer’s screen is not an ‘electronically printed’ receipt.”

Posted at 2:10 PM by Howard Bashman



“NJ Supreme Court orders state to give schools more”: The Associated Press has a report that begins, “The New Jersey Supreme Court has rebuked Gov. Chris Christie and ordered the state to increase spending on poor schools by an estimated $500 million.”

You can access today’s 3-2 ruling of the Supreme Court of New Jersey at this link.

Update: The Newark Star-Ledger reports that “Poor N.J. districts must receive $500M more in school funding, state Supreme Court rules.”

Posted at 10:15 AM by Howard Bashman



“U.S. Supreme Court orders massive inmate release to relieve California’s crowded prisons; Justice Kennedy cites inhumane conditions, while dissenters fear a crime rampage; Gov. Jerry Brown seeks tax hike to fund transfers to county jails as prison officials hope to avoid freeing anyone”: David G. Savage and Patrick McGreevy have this article today in The Los Angeles Times. The newspaper also contains an editorial entitled “Time for California to tackle prison overcrowding; With the U.S. Supreme Court upholding an order to reduce the state’s inmate population, the Legislature should take a first step by creating a panel to revise sentencing guidelines.”

Today in The San Francisco Chronicle Bob Egelko reports that “California must cut prison population by 30,000.”

Howard Mintz of The San Jose Mercury News reports that “Supreme Court upholds order requiring California to reduce prison population.”

The Sacramento Bee reports that “U.S. Supreme Court says California must reduce prison population.”

The New York Times contains an article headlined “Prison Ruling Raises Stakes in California Fiscal Crisis” and an editorial entitled “California’s Prison Crisis.”

And Warren Richey of The Christian Science Monitor reports that “Supreme Court orders California to slash prison population by more than 30,000; In a 5-to-4 ruling, the Supreme Court says severe overcrowding in the prisons violates the Eighth Amendment ban on cruel and unusual punishment; A minority opinion offers a sharp dissent.”

Posted at 8:10 AM by Howard Bashman



“Judge to rule on Jared Loughner’s mental fitness for trial; The suspect in the shooting of Rep. Gabriel Giffords and 18 others in Tucson has been examined by two mental health specialists; If he is found unfit for trial, he could be held indefinitely”: This article appears today in The Los Angeles Times.

Posted at 7:56 AM by Howard Bashman



Monday, May 23, 2011

“State Secrets Block Resolution of Contractors’ Suit, Justices Say”: Adam Liptak will have this article Tuesday in The New York Times.

Posted at 10:32 PM by Howard Bashman



“Panel and date set in Seven-Sky v. Holder”: Today at the “aca litigation blog,” Brad Joondeph has a post that begins, “Yet another big development today: the D.C. Circuit has announced the identity of the panel to hear Seven-Sky v. Holder and set the date for oral argument, September 23.” That blog has posted the order identifying the panel at this link.

Posted at 8:10 PM by Howard Bashman



“Justices, 5-4, Tell California to Cut Prisoner Population”: Adam Liptak will have this article Tuesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court upholds order that may release thousands of California inmates.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “High Court Rules Calif. Must Cut Prison Population.”

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled “Show, Don’t Tell: Do photographs of California’s overcrowded prisons belong in a Supreme Court decision about those prisons?

Posted at 7:54 PM by Howard Bashman



“N.C. judges get busy on 4th Circuit Court; The state struggled for years to get more representation on the influential court”: Barbara Barrett had this article yesterday in The Charlotte Observer.

Posted at 2:14 PM by Howard Bashman



“Supreme Court orders California to release tens of thousands of prison inmates; The 5-4 decision represents one of the largest prison release orders in U.S. history; The court majority says overcrowding has caused ‘suffering and death’; In a sharp dissent, Justice Antonin Scalia warns ‘terrible things are sure to happen'”: David G. Savage of The Los Angeles Times has this news update.

Jess Bravin of The Wall Street Journal has a news update headlined “High Court Orders Release of California Inmates.”

Joan Biskupic of USA Today has a news update headlined “Supreme Court stands firm on prison crowding.”

Howard Mintz of The San Jose Mercury News has an update headlined “Supreme Court upholds order requiring California to reduce prison population.”

And Michael Doyle of McClatchy Newspapers has an article headlined “Supreme Court: California’s prison overcrowding is ‘serious constitutional violation.’

Posted at 1:05 PM by Howard Bashman



“State board declares Prosser winner”: The Milwaukee Journal Sentinel has a blog post that begins, “State elections officials on Monday certified the results of the recount of the April 5 election for state Supreme Court, declaring Justice David Prosser was re-elected to another 10-year term on the court by 7,004 votes.”

Posted at 11:11 AM by Howard Bashman



Access online today’s Order List and decisions in argued cases of the U.S. Supreme Court: You can access today’s Order List at this link. The Court granted review in one case.

The Court today also issued two opinions in argued cases.

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Brown v. Plata, No. 09-1233. Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which the Chief Justice joined. You can access the oral argument via this link.

2. And Justice Scalia delivered the opinion for a unanimous Court in General Dynamics Corp. v. United States. No. 09-1298. You can access the oral argument via this link.

In early news coverage, Mark Sherman of The Associated Press reports that “High court backs cuts in Calif. prison population.” In addition, The AP reports that “Long legal fight over Navy plane to continue” and “Court to decide if Japanese couple can be deported.”

Posted at 10:01 AM by Howard Bashman



“Rule shielding military doctors from liability faces legal battle; Opponents of the 60-year-old doctrine want it overturned to allow servicemen and women to pursue negligence claims against the government”: American Medical News has an article that begins, “The U.S. Supreme Court will decide in June whether to hear a case challenging a decades-old doctrine preventing military members from suing the federal government for medical negligence.”

Posted at 8:24 AM by Howard Bashman



“Katyal Speaks of SG ‘Mistakes’ in Japanese Internment Cases”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 8:22 AM by Howard Bashman



“Creating a 4th Amendment loophole: The Supreme Court failed to keep a lid on police excesses with its ruling this week in a Kentucky drug case.” This editorial appears today in The Los Angeles Times.

Posted at 8:20 AM by Howard Bashman



The Harvard Crimson profiles two U.S. Supreme Court Justices to mark the 50th anniversary of their graduations: The newspaper has published profiles of Justices Anthony M. Kennedy and David H. Souter.

Correction: The original version of this post mistakenly stated that both Kennedy and Souter graduated from Harvard Law School in 1961. Kennedy did graduate from Harvard Law that year, while Souter graduated from Harvard College in 1961.

Posted at 8:07 AM by Howard Bashman



“Madoff’s Curveball: Fred Wilpon tries to hold on to the Mets.” Jeffrey Toobin has this article in the May 30, 2011 issue of The New Yorker.

Posted at 8:04 AM by Howard Bashman



“John Boehner finds litigation suits him”: Politico.com has an article that begins, “For much of his political career, House Speaker John Boehner has railed against judicial over-reach and the harmful effects of excessive litigating. But while the congressman from Ohio and his Republican Party have a long history of bashing trial lawyers, the speaker himself has shown that he can be quite the litigator.”

Posted at 7:58 AM by Howard Bashman



Sunday, May 22, 2011

“Support in polls for same-sex marriage could influence Proposition 8 legal battle, experts say; Recent polls showing majority support for same sex marriage could have an effect on judges as the legal fight against Proposition 8 moves through the courts, experts and advocates say”: Carol J. Williams will have this article Monday in The Los Angeles Times.

Posted at 10:28 PM by Howard Bashman



“Citizens United decision reverberates in courts across country”: Robert Barnes will have this article Monday in The Washington Post.

Posted at 10:05 PM by Howard Bashman



“Iowa Chief Justice visits area; Says system at risk of becoming politicized”: Saturday’s edition of The Press-Citizen of Iowa City contained an article that begins, “Iowa’s strong judicial system is in jeopardy of becoming highly politicized if judges continue to face retention elections like that of 2010, Mark Cady, Chief Justice of the Iowa Supreme Court, said Friday.”

Posted at 8:30 PM by Howard Bashman



Saturday, May 21, 2011

West Virginia Attorney General’s parens patriae action to recover damages for alleged generic drug overcharges does not qualify as a class action for purposes of removal to federal court under the Class Action Fairness Act of 2005, majority on divided Fourth Circuit panel holds: You can access yesterday’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

In coverage of the ruling, Bloomberg News reports that “Wal-Mart, CVS, Drug Price Case Sent to West Virginia Court by U.S. Judges.”

And The Associated Press reports that “Appeals court sends W.Va. pharmacy case to Boone.”

Posted at 3:36 PM by Howard Bashman



“Denver Judge Taps Brakes on Righthaven Copyright Lawsuits”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 3:25 PM by Howard Bashman