How Appealing



Monday, June 6, 2011

“Split between Alex Salmond and Kenny MacAskill over UK Supreme Court; A major split has emerged between Alex Salmond and his Justice Minister after the First Minister said he would not withhold funding from the UK Supreme Court”: This article appears today in The Telegraph (UK).

And today’s edition of The Herald of Scotland contains an article headlined “Salmond in bid to brush off Supreme Court attacks.”

Posted at 8:20 AM by Howard Bashman



“Is California crime drop due to ‘three-strikes’ law?” Columnist Dan Walters has this op-ed today in The Sacramento Bee.

Posted at 8:17 AM by Howard Bashman



“When fear trumps liberty: The recently renewed Patriot Act interferes with freedoms in the name of preserving them; Sixty years earlier, a communist-fearing U.S. government went down the same path, with the help of the Supreme Court.” Scott Martelle has this op-ed today in The Los Angeles Times.

Posted at 8:06 AM by Howard Bashman



“Paw Paw & Lady Love: Has the Supreme Court ever heard such a peculiarly American story as that of Anna Nicole Smith? And they didn’t know the half of it.” Dan P. Lee has this article in the June 13, 2011 issue of New York magazine.

Posted at 7:58 AM by Howard Bashman



Sunday, June 5, 2011

“Medina Valley graduates hear prayers aplenty; Repeated ‘amens’ draw applause”: This article appears today in The San Antonio Express-News.

Posted at 10:30 PM by Howard Bashman



“Plessy and Ferguson: Descendants of a divisive Supreme Court decision unite.” Robert Barnes will have this article Monday in The Washington Post.

Posted at 10:28 PM by Howard Bashman



Saturday, June 4, 2011

“A new ‘Kennedy doctrine’: Justice Kennedy puts forth a broad new theory of legal immunity for members of the President’s Cabinet.” Lyle Denniston has this post at “SCOTUSblog.”

Posted at 11:26 PM by Howard Bashman



“Q-C lawyer officially joins state’s high court”: Today’s edition of The Quad-City Times of Davenport, Iowa contains an article that begins, “The state’s highest court officially inducted three new members into its ranks during a relatively quick Friday afternoon ceremony that was light on pomp, circumstance and politics, even though it was the result of the latter.”

Posted at 11:22 PM by Howard Bashman



“Delaware courts: Police use of tracking devices at issue.” Today in The News Journal of Wilmington, Delaware, Sean O’Sullivan has an article that begins, “A criminal case making its way to the Delaware Supreme Court could help define personal privacy and set limits on how far police can go when using electronic surveillance in Delaware and perhaps across the United States.”

Posted at 11:18 PM by Howard Bashman



Friday, June 3, 2011

Ninth Circuit grants rehearing en banc to consider constitutional challenge to amendments to the federal Bail Reform Act requiring the defendant to provide a DNA sample as a condition for pre-trial release: You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

The earlier ruling of a divided three-judge Ninth Circuit panel in this case can be accessed here. My earlier coverage of the three-judge panel’s ruling appears at this link.

As Shannon P. Duffy of The Legal Intelligencer has reported, a similar constitutional challenge is now pending before the en banc U.S. Court of Appeals for the Third Circuit. My post collecting news coverage of that en banc rehearing and linking to the oral argument audio can be accessed here.

Posted at 2:34 PM by Howard Bashman



“The regulated activity”: At the “aca litigation blog,” Brad Joondeph has an interesting post that begins, “Much ink has been spilled over whether Congress–using its commerce power alone, or its commerce power in conjunction with the Necessary and Proper Clause–has the authority to regulate ‘inactivity.’ But there is a logically prior question–a question that is often quite tricky in enumerated powers cases–that must be resolved before reaching the inactivity issue. Namely, one has to define exactly what conduct Congress is regulating in the challenged provision.”

Posted at 11:52 AM by Howard Bashman



“TN Supreme Court may shape alimony; Woman who makes $72,000 a year says she deserves award”: This article appears today in The Tennessean.

Posted at 8:20 AM by Howard Bashman



“Airman discharged under ‘don’t ask, don’t tell'”: The Associated Press has a report that begins, “The Air Force has discharged an airman under the law banning gays from serving openly in the military, the first firing since President Barack Obama signed legislation aimed at ending the ban.”

Posted at 8:16 AM by Howard Bashman



“Lawyers will be the stars as NFL labor battle goes back in session; Owners and players turn to star lawyers to argue case in appellate court today”: This article appears today in The Florida Times-Union of Jacksonville.

Today’s edition of USA Today contains an article headlined “Next steps unclear after NFL, players face off in court Friday.”

Wednesday’s edition of The New York Times contained an article headlined “Headed Back to Court, N.F.L. May Gain Clarity.”

ESPN.com has an article headlined “Owners, players at critical juncture; Friday’s court proceedings will be intense and perhaps even productive; here’s a primer.”

SI.com’s “Sports Law” columnist has an essay entitled “What to expect at the NFL hearing.”

And The Associated Press reports that “NFL and players meet, court date next.”

Today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit is scheduled to begin at 10 a.m. central time. You can access the appellate filings via this link. I will provide a link to the oral argument audio once the court posts it online.

Posted at 7:55 AM by Howard Bashman



“About That Precedent”: Today’s edition of The New York Times contains an editorial that begins, “It’s a rare day that a federal judge decides to revisit a decision the week after making it or that the Justice Department apologizes for failing to brief him on the crucial precedent.” The editorial also praises law professor Rick Hasen’s “Election Law Blog.”

Posted at 7:42 AM by Howard Bashman



Thursday, June 2, 2011

“Court Lets City Ban Worship Services in Schools”: This article will appear Friday in The New York Times.

The New York Daily News has an update headlined “Appeals court backs NYC over keeping religious services out of public schools.”

The Associated Press has a report headlined “Appeals court: NY can block school worship service.”

And Reuters has a report headlined “New York public schools may bar after hours religion: court.”

My earlier coverage of today’s Second Circuit ruling appears at this link.

Posted at 10:28 PM by Howard Bashman



“Army judges weigh military trials for civilians”: Mark Sherman of The Associated Press has a report that begins, “Three Army judges are weighing a question that hasn’t cropped up in decades: whether a civilian contractor working for the U.S. military can be tried in a military court. The issue eventually could end up at the Supreme Court.”

Posted at 6:02 PM by Howard Bashman



“Chevron Looks to Arbitrators to Save It From $18B Pollution Payout”: Lawrence Hurley of Greenwire has this article (via The New York Times). The article is the third in a three-part series. Parts one and two can be accessed here and here, respectively.

Posted at 5:52 PM by Howard Bashman



Today’s Pa. Supreme Court filing: Today in the case captioned Daniel v. Wyeth, I filed plaintiffs’ answer in opposition to Wyeth’s petition for allowance of appeal. Wyeth is asking the Supreme Court of Pennsylvania to review a ruling that the Superior Court of Pennsylvania issued in the case earlier this year.

Bloomberg News has previously covered the case in articles headlined “Pfizer Told to Pay $10 Million Over Prempro Verdict“; “Pfizer Jury Said to Set Prempro Punitive Damages at $8 Million“; and “Wyeth’s Prempro Caused Woman’s Cancer, Jury Says.”

Posted at 5:44 PM by Howard Bashman