How Appealing



Wednesday, September 5, 2012

“Court: Colorado can’t regulate weapon storage at Pueblo Chemical Depot.” The Denver Post has a news update that begins, “The state health department does not have the authority to regulate the handling of aging chemical weapons stored at the U.S. Army’s Pueblo Chemical Depot, a federal appellate court ruled Wednesday.”

You can access today’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Posted at 11:22 PM by Howard Bashman



“Accused prison guard killer’s mental status in question at trial”: Michael Doyle of McClatchy Newspapers has a report that begins, “One of two inmates accused of killing a federal prison guard in Atwater, Calif., would have his mental travails aired in public under an appellate court ruling that potentially brings a long-delayed trial closer.”

Posted at 6:17 PM by Howard Bashman



“Supreme Ambitions: One First Street. . . or die trying.” David Lat announced today that he “is writing a serialized web novel about a young lawyer’s quest for a Supreme Court clerkship.” You can access the preface at this link.

Posted at 6:14 PM by Howard Bashman



“Response to Richard A. Posner”: Bryan A. Garner has posted online an essay that begins, “Hardly was I surprised that Judge Richard A. Posner did not warmly embrace Reading Law, the book on textualism I coauthored with Justice Antonin Scalia. But I was unduly sanguine in thinking that my friendship with Judge Posner (such as it is–we’ve shared several meals since the 1990s and have always had convivial conversations) would ensure at least a fair reading of our book on ‘fair reading.'”

Posted at 6:07 PM by Howard Bashman



“Ark. agency rejects chance to settle takings case”: Lawrence Hurley of Greenwire has a report that begins, “The Arkansas Game and Fish Commission has rejected a $13 million offer from the Obama administration to settle a dispute over timber damage that is due to be argued before the Supreme Court next month.”

Posted at 3:24 PM by Howard Bashman



“8th Circuit Unanimously Rejects Challenge to MN Corporate Contribution Ban; Divides on Disclosure Requirements”: Rick Hasen has this post at his “Election Law Blog” about an en banc ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.

Update: In other coverage, Terry Baynes of Reuters reports that “Appeals court blocks Minnesota law on corporate political spending.”

And Bloomberg News reports that “Minnesota Campaign Cash Rules May Be Unlawful, Court Says.”

Posted at 2:03 PM by Howard Bashman



“Planned Parenthood asks court to reconsider Texas health ruling”: Reuters has a report that begins, “Planned Parenthood asked a federal appeals court on Tuesday to reconsider a ruling that would allow Texas to exclude it from a health program for low-income women, as opponents of the rule packed a public hearing to express their outrage.”

Posted at 1:36 PM by Howard Bashman



“The Benchslap Dispatches: Posner v. Scalia — Is It Personal?” David Lat has this post today at “Above the Law.”

Posted at 1:33 PM by Howard Bashman



“2 N.J. appellate judges reassigned to state Supreme Court to cover shortage”: MaryAnn Spoto of The Newark Star-Ledger has this report.

Posted at 7:54 AM by Howard Bashman



“NY Court to decide if lap dance is tax-exempt art”: The Associated Press has a report that begins, “New York’s highest court will consider legal arguments by a strip club on whether nude dancing is an art and deserves a state tax exemption as such.”

Posted at 7:38 AM by Howard Bashman



Tuesday, September 4, 2012

“[An Idaho state prisoner named] Wood allegedly engaged in a romantic, but not sexual, relationship with a female prison guard, Sandra de Martin. Wood alleges that both during and after the relationship, Martin perpetrated sexual acts on him without his consent.” So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.

Posted at 1:33 PM by Howard Bashman



“When Government Distorts the Truth: Is the state violating the First Amendment rights of tobacco companies?” Law professor Richard A. Epstein has this essay today at the “Defining Ideas” site of the Hoover Institution.

Posted at 11:33 AM by Howard Bashman



Monday, September 3, 2012

“Richard A. Posner’s Badly Confused Attack on Scalia/Garner–Part 3”: Ed Whelan has this post today at National Review Online’s “Bench Memos” blog.

Posted at 11:00 AM by Howard Bashman



“Public outrage may trump judicial independence in referendum on judges’ salaries”: Columnist Bob Braun has this op-ed today in The Newark (N.J.) Star-Ledger.

Posted at 8:44 AM by Howard Bashman



“Bill Gates Sends Ex-Con To Law School After Supreme Court Win”: Craig Seligman of Bloomberg News has an article that begins, “Shon Hopwood robbed five banks, went to jail, learned law, wrote a petition that made it to the Supreme Court, served his time, got out, got married, had kids and is now in law school at the University of Washington on a scholarship from the Bill and Melinda Gates Foundation.”

Posted at 8:40 AM by Howard Bashman



Sunday, September 2, 2012

“Prying Open a Cold Case”: In today’s edition of The New York Times, David Carr has an article that begins, “Did Jeffrey MacDonald, an Army doctor and Green Beret stationed at Fort Bragg, stab and bludgeon his family to death early on the morning of Feb. 17, 1970? Over the last four decades many courts and more than a few journalists have concluded that he did, but for Errol Morris that settled nothing.”

Posted at 9:34 AM by Howard Bashman



“9th Circuit’s Clarion Calls Are Being Heard”: Scott Graham of The Recorder has an article that begins, “During her review of the U.S. Supreme Court at this year’s Ninth Circuit Judicial Conference in Hawaii, appellate star Kathleen Sullivan paid special attention to United States v. Alvarez, the high court decision striking down the Stolen Valor Act.”

At this link, the U.S. Court of Appeals for the Ninth Circuit has posted online various videos from its recent judicial conference, including a video of the presentation discussed in Graham’s article.

Posted at 9:30 AM by Howard Bashman



“Richard A. Posner’s Badly Confused Attack on Scalia/Garner–Part 2”: Ed Whelan has this post at National Review Online’s “Bench Memos” blog.

Posted at 9:25 AM by Howard Bashman