How Appealing



Wednesday, May 30, 2012

“Faculty Q&A: Kendrick Defines Pattern for Supreme Court’s First Amendment Jurisprudence.” The University of Virginia School of Law has today posted online an item that begins, “Though many critics have pegged the U.S. Supreme Court’s First Amendment doctrine as incoherent, the court’s opinions have long shown a definable pattern, argues University of Virginia law professor Leslie Kendrick in her latest article.”

You can access law professor Leslie Kendrick‘s article “Content Discrimination Revisited” via SSRN.

Posted at 11:18 AM by Howard Bashman



“Class (of One) Conflict”: At “PrawfsBlawg,” Bill Araiza has a post that begins, “A fascinating set of opinions has been released by the Seventh Circuit in a case dealing with the so-called ‘class-of-one’ theory of equal protection.”

My earlier coverage of the en banc Seventh Circuit‘s recent opinions in the case can be accessed here.

Posted at 9:52 AM by Howard Bashman



“Jennifer Granick to Direct New Civil Liberties Initiative at Stanford Law School Center for Internet and Society”: Stanford Law School has issued this news release.

Posted at 9:47 AM by Howard Bashman



“Family may keep autopsy photos private, court says”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Family members have a constitutional right to keep a loved one’s autopsy photos private and can sue law enforcement officers who release the pictures to the news media, a federal appeals court ruled Tuesday.”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “Ninth Circuit Finds Substantive Due Process Right to ‘Control Public Dissemination of a Family Member’s Death Images.’

My earlier coverage of yesterday’s Ninth Circuit ruling can be accessed here.

Posted at 9:42 AM by Howard Bashman



“Louisiana monks go to court to sell their caskets”: In today’s edition of The Washington Post, Robert Barnes has an article that begins, “Not very long after God told some at St. Joseph Abbey that the way out of financial hardship might be selling the monks’ handcrafted caskets, the state of Louisiana arrived with a different message. It was a cease-and-desist order and came with threats of thousands of dollars in fines and possible criminal prosecution.”

Posted at 8:07 AM by Howard Bashman



“British Court Clears Way for Extradition of WikiLeaks Founder”: The New York Times has a news update that begins, “Britain’s highest court ruled on Wednesday that the WikiLeaks founder, Julian Assange, should be deported to Sweden to face allegations of sexual abuse there, the culmination of an 18-month legal battle.”

The Guardian (UK) has a news update headlined “Julian Assange loses appeal against extradition; WikiLeaks founder’s lawyers given 14 days to decide whether to ask supreme court to reopen case, during which extradition will be stayed.”

The Independent (UK) has a news update headlined “Julian Assange’s fight to evade extradition to Sweden appears doomed despite stay of execution.”

The Associated Press reports that “UK’s top court backs extradition of WikiLeaks boss.”

Reuters reports that “UK court backs Assange extradition to Sweden.”

And Bloomberg News reports that “WikiLeaks’ Assange Loses U.K. Top Court Extradition Case.”

Today in the case captioned Julian Assange v. Swedish Prosecution Authority, the Supreme Court of the United Kingdom issued this ruling. The court also issued a related press summary and a further statement.

Posted at 7:22 AM by Howard Bashman



Tuesday, May 29, 2012

“Colorado Supreme Court to hear oral arguments next week in Ward Churchill’s appeal; Justices to review whether fired CU-Boulder professor should get job back”: The Boulder Daily Camera has this news update.

Posted at 7:48 PM by Howard Bashman



“Circuit Declines En Banc Review of Amex Arbitration Ruling”: Mark Hamblett of the New York Law Journal has an article that begins, “The U.S. Court of Appeals for the Second Circuit will not rehear en banc a decision that holds a class action arbitration waiver provision between American Express and its merchants unenforceable as against public policy.”

You can access today’s order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, together with the concurrence and dissents therefrom, at this link.

Posted at 6:02 PM by Howard Bashman



“Supreme Court won’t review SPD use of Taser on pregnant woman; The U.S. Supreme Court won’t review the case of Malaika Brooks, who was seven months pregnant when she was repeatedly tased by Seattle police during a traffic stop in 2004”: The Seattle Times has this news update.

Warren Richey of The Christian Science Monitor has an article headlined “Was Taser use on pregnant woman excessive force? Supreme Court declines case; The Supreme Court refused the case of a pregnant woman who was ticketed for speeding in a school zone in Seattle; When she refused to get out of her car, police used a Taser to shock her three times.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Police power to use stun guns left unclear.”

Posted at 2:40 PM by Howard Bashman



“Move to Declassify FISA Court Rulings Yields No Results”: This post appears today at the “Secrecy News” blog.

Posted at 2:09 PM by Howard Bashman



“Appellate specialist takes seat on D.C. Court of Appeals”: Todd Ruger has this post today at “The BLT: The Blog of Legal Times.”

Posted at 12:03 PM by Howard Bashman



“Clash Over Town’s Ten Commandments Monument Highlights Division Over Standing”: Nicholas J. Wagoner has this post today at the “Circuit Splits” blog.

Posted at 10:45 AM by Howard Bashman



“Court Allows Suit Over School Gun Death to Proceed”: At the “School Law” blog of Education Week, Mark Walsh has a post that begins, “A ruling by Utah’s highest court will allow a lawsuit to go forward against a school district over the accidental gun death of a high school student.”

Posted at 10:44 AM by Howard Bashman



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

Justice Antonin Scalia delivered the opinion for a unanimous Court (with Justice Anthony M. Kennedy not participating) in RadLax Gateway Hotel, LLC v. Amalgamated Bank, No. 11-166. You can access the oral argument via this link.

Finally, the Supreme Court issued a summary, per curiam reversal in Coleman v. Johnson, No. 11-1053.

In early news coverage, The Associated Press has reports headlined “Court: Judges shouldn’t have overturned conviction“; “Court won’t review police use of stun guns“; “High court turns down former hostages in Iran“; and “Court won’t block suit in Minn. bridge collapse.”

Posted at 10:05 AM by Howard Bashman



“Orie Melvin should resign”: Today’s edition of The Scranton (Pa.) Times Tribune contains an editorial that begins, “Like any other citizen, Joan Orie Melvin is entitled to a constitutionally guaranteed presumption of innocence regarding criminal charges brought against her. But, as a Pennsylvania Supreme Court justice, Justice Orie Melvin is not like any other citizen.”

Posted at 9:30 AM by Howard Bashman