How Appealing



Wednesday, February 29, 2012

“Federal Circuit Nominee Faces Tough Questions During Senate Hearing”: At “The BLT: The Blog of Legal Times,” Todd Ruger has a post that begins, “D.C. lawyer Richard Taranto, nominated for a slot on the U.S. Court of Appeals for the Federal Circuit, handled some tough questioning during a Senate Judiciary Committee hearing Wednesday over his views on the Defense of Marriage Act and whistleblower litigation.”

Posted at 8:57 PM by Howard Bashman



“Supreme Court appears split on Indy sewer tax case”: The Indianapolis Star has a news update that begins, “The U.S. Supreme Court appeared split Wednesday over whether Indianapolis treated some homeowners fairly when it forgave the outstanding debt their neighbors owed for sewer hookups.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: That old slippery slope — again.”

You can access the transcript of today’s U.S. Supreme Court oral argument in Armour v. Indianapolis, No. 11-161, at this link. Mark T. Stancil argued for the petitioners, and Paul D. Clement argued for the respondents.

Posted at 8:55 PM by Howard Bashman



“Constitutional Showdown Voided: Feds Decrypt Laptop Without Defendant’s Help.” David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 8:33 PM by Howard Bashman



“Bad Marriage: Why the Supreme Court should stay out of affirmative action.” Richard Thompson Ford has this jurisprudence essay online at Slate.

This blog’s earlier Bad Marriage coverage — from 2006 and 2004 — can be accessed here and here.

Posted at 4:17 PM by Howard Bashman



“Court Wary of Torture Cases; Conservative Justices Suggest Foreign Organizations Can’t Be Sued in the U.S.” Jess Bravin has this article today in The Wall Street Journal.

Posted at 2:24 PM by Howard Bashman



“This appeal requires us to consider the circumstances in which the search of a cell phone is permitted by the Fourth Amendment even if the search is not authorized by a warrant.” So begins an interesting opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

And in somewhat related news, you can now access online via this link video from the 2012 symposium of the Stanford Law Review, titled “The Privacy Paradox: Privacy and Its Conflicting Values.” Ninth Circuit Chief Judge Alex Kozinski delivered the keynote address, which you can view online via this link.

Posted at 12:50 PM by Howard Bashman



“Obama makes a play for Scalia”: Politico.com has a report that begins, “The Obama administration needs to win over at least one conservative Supreme Court justice to save its health care reform law and it’s pulling out the stops to get one.”

Posted at 12:26 PM by Howard Bashman



Access online today’s ruling in an argued case of the U.S. Supreme Court: The Court issued one opinion today in an argued case.

Justice Clarence Thomas delivered the opinion of the Court in Kurns v. Railroad Friction Products Corp., No. 10-879. Justice Elena Kagan issued a concurring opinion. And Justice Sonia Sotomayor issued an opinion concurring in part and dissenting in part, in which Justices Ruth Bader Ginsburg and Stephen G. Breyer joined. You can access the oral argument via this link.

Posted at 10:04 AM by Howard Bashman



“Supreme Court Debates Rights Case Aimed at Corporations”: Adam Liptak has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that “Supreme Court appears to back corporations in torture cases; Conservative justices indicate that multinational firms and political groups should be shielded from lawsuits in the U.S. over atrocities overseas.”

And yesterday evening’s broadcast of The PBS NewsHour contained a segment entitled “Supreme Court Weighs Corporate Liability in Human Rights Cases” featuring Marcia Coyle.

Posted at 8:10 AM by Howard Bashman



Tuesday, February 28, 2012

“Court skeptical about overseas corporate abuse suits”: Robert Barnes of The Washington Post has this news update.

Warren Richey of The Christian Science Monitor has an article headlined “Can foreigners sue international corporations in US courts? A 223-year-old law says foreigners can file lawsuits in American courts for alleged violations of international law; But whether they can sue corporations remains a question for the Supreme Court.”

Marcia Coyle of The National Law Journal reports that “Court skeptical of using U.S. laws in foreign human rights cases.”

The Voice of America reports that “Nigerian Activists Press US Supreme Court Case Against Shell.”

Lawrence Hurley of Greenwire reports that “Justices weigh Shell’s liability in Nigeria case.”

Ariane de Vogue of ABC News has a blog post titled “Justices Divided on Corporate Liability for Human Rights Violations.”

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled “Justice on the High Seas: The Supreme Court says corporations have a right to free speech; But can they get away with murder?

Posted at 8:42 PM by Howard Bashman



“House acts against high court on eminent domain”: The Associated Press has a report that begins, “The House sought Tuesday to undercut a 2005 Supreme Court ruling that gives state and local governments eminent domain authority to seize private property for economic development projects.”

Posted at 5:56 PM by Howard Bashman



“Jury Selection Begins in Latest Ira Isaacs Obscenity Trial”: Yesterday, Mark Kernes of AVN News had a report that begins, “Jury selection in the second obscenity trial of producer Ira Isaacs began today, more than a year after the agreed-upon retrial date, and more than four years after Judge Alex Kozinski declared a mistrial in Isaacs’ original prosecution because the Los Angeles Times had revealed that Kozinski, who also serves as Chief Judge of the Ninth Circuit Court of Appeals, had maintained a private website containing humorous sexually oriented photos and videos.”

In related coverage, XBIZ.com reports today that “Salon Reporter May Testify at Isaacs Obscenity Trial.”

And today at Salon.com, Tracy Clark-Flory has an essay entitled “My obscenity trial subpoena: I’ve been called to testify in a federal trial against a pornographer; Here’s why this case really matters.” Her interview with the defendant, which Salon published last April, was headlined “An obscene filmmaker defends himself: As senators push for more porn prosecutions, we talk to the man at the center of the next federal obscenity trial.”

Posted at 4:52 PM by Howard Bashman



“Corporate Immunity Looks Likely: Supreme Court Seems Ready To Side With Shell In Human Rights Suit.” Mike Sacks of The Huffington Post has this report.

You can access the transcript of today’s U.S. Supreme Court oral argument in Kiobel v. Royal Dutch Petroleum Co., No. 10-1491, at this link.

Posted at 1:14 PM by Howard Bashman



“2nd Circuit greenlights novel vehicle for BofA’s MBS settlement”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 9:30 AM by Howard Bashman