How Appealing



Tuesday, December 27, 2011

“Battling Anew Over the Place of Religion in Public Schools”: Wednesday’s edition of The New York Times will contain an article that begins, “It has been nearly 50 years since the Supreme Court ruled that officially sponsored prayer in public schools violated the separation of church and state.”

Posted at 9:46 PM by Howard Bashman



“Copyright Troll’s Domain Name Auctioned to Pay Legal Fees”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 9:35 PM by Howard Bashman



“Proposed Guantanamo rule change sparks backlash”: The Associated Press has a report that begins, “The new commander of the Guantanamo Bay prison is seeking to impose significant changes to communications allowed between lawyers and prisoners facing war-crimes charges at the U.S. base in Cuba, The Associated Press has learned.”

Posted at 4:07 PM by Howard Bashman



“Holder’s Legacy”: Online today at The New Yorker, Jeffrey Toobin has a blog post that begins, “Two years ago, the Supreme Court decided a case that may, it now appears, save Barack Obama’s chances at reelection–and, more importantly, preserve a precious corner of American democracy.”

Posted at 4:00 PM by Howard Bashman



“Viewing justices, First Amendment through rhetorical lens”: Ronald K.L. Collins has this essay online at the First Amendment Center.

Posted at 3:15 PM by Howard Bashman



“The Solicitor General of the United States: Tenth Justice or Zealous Advocate?” Adam D. Chandler has this comment in the December 2011 issue of The Yale Law Journal.

Posted at 10:50 AM by Howard Bashman



“Reynolds selects case to take to high court; At issue: people who smoked before warning-labels law”: Today’s edition of The Winston-Salem Journal contains an article that begins, “Reynolds American Inc. appears to have chosen at least one Engle legal case to take before the U.S. Supreme Court.”

Posted at 8:32 AM by Howard Bashman



“Glass’s Road to Redemption”: In today’s edition of The New York Times, columnist Joe Nocera has an op-ed that begins, “Early next week, a lawyer will file a brief with the California State Supreme Court, arguing that his client has the good moral character to be admitted to the California Bar. His client is Stephen Glass.”

Posted at 8:30 AM by Howard Bashman



“Sandra Day O’Connor promotes civics education; Retired U.S. Supreme Court justice helped initiate an online program called iCivics because not enough Americans know how government works”: This article appears today in The Los Angeles Times.

Posted at 8:07 AM by Howard Bashman



Monday, December 26, 2011

“Could Prop. 13 fall? A lawsuit argues that Prop. 13 was improperly approved; If it succeeded, it would wipe out a system that has governed California for more than 30 years.” Columnist Jim Newton has this op-ed today in The Los Angeles Times.

Posted at 10:09 AM by Howard Bashman



“Lawyer relishes tough and unpopular cases before Supreme Court; Paul D. Clement is taking on the Obama administration in politically charged disputes over healthcare, immigration and redistricting”: David G. Savage has this article today in The Los Angeles Times.

Posted at 9:50 AM by Howard Bashman



Sunday, December 25, 2011
Saturday, December 24, 2011

“California chief justice urges reevaluating death penalty; Chief Justice Tani Cantil-Sakauye, one of the high court’s more conservative members, says the death penalty is no longer working for the state”: In today’s edition of The Los Angeles Times, Maura Dolan has an article that begins, “Chief Justice Tani Cantil-Sakauye, who heads the state’s judicial branch and its highest court, said in an interview that the death penalty is no longer effective in California and suggested she would welcome a public debate on its merits and costs.”

Posted at 1:33 PM by Howard Bashman



“New Pro Bono Case on Whether First Amendment Libel Rules Are Limited to Institutional Media Defendants”: Eugene Volokh has this post at “The Volokh Conspiracy.”

My earlier coverage of this case appears here and here.

Posted at 1:25 PM by Howard Bashman



“John Lawrence, Plaintiff in Gay Rights Case, Dies at 68”: Adam Liptak has written this obituary published today in The New York Times.

Posted at 1:18 PM by Howard Bashman



Friday, December 23, 2011
Thursday, December 22, 2011

“Pa. court: Not telling parents isn’t basis for judges to deny permission for girls’ abortions.” The Associated Press has a report that begins, “A county judge should not have decided a girl could not have an abortion simply because the teen did not tell her mother she was pregnant, the Pennsylvania Supreme Court ruled Thursday as it clarified how minors can obtain the procedures.”

Today’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion and an opinion concurring in part and dissenting in part.

Posted at 8:50 PM by Howard Bashman



The perils of courtside seats at an NBA game: The U.S. Court of Appeals for the Sixth Circuit, in an unpublished per curiam opinion issued today, has reversed the dismissal of assault and battery claims against NBA superstar Kobe Bryant arising from contact between Bryant and a man seated front-row courtside during a game.

Sadly, the spectator has since died, and the lawsuit alleges, among other things, that the death was due to the injuries sustained at the game.

On a happier note, my son and I had the pleasure of sitting front-row courtside at a Philadelphia 76ers game last season. It was an amazing experience, and no injuries — fatal or otherwise — were sustained.

Update: In other coverage, The Associated Press reports that “Appeals court in Ohio rules in fan-Bryant lawsuit.”

Posted at 11:30 AM by Howard Bashman



“Pa. court: Defendants must prove mental disability.” The Associated Press has a report that begins, “The state Supreme Court said on Wednesday juries will have to rule in most instances when a defendant in a death penalty case wants to argue that he or she is mentally disabled and therefore ineligible for execution.”

Yesterday’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion and an opinion concurring in part and dissenting in part.

Posted at 10:40 AM by Howard Bashman