How Appealing



Friday, October 26, 2012
Thursday, October 25, 2012

“Ky. court trims rights of grandparents to visit grandchildren”: The Louisville Courier-Journal has a news update that begins, “The Kentucky Supreme Court has made it harder for grandparents to win visitation with their grandchildren when the child’s parents object. In a 6-1 ruling, the state’s high court ruled Thursday that parents who oppose giving a grandparent visitation must be presumed to be acting in the child’s best interests. The court did not strike down Kentucky’s 1984 grandparent visitation law but said a grandparent must present ‘clear and convincing’ evidence to win the right to visit a grandchild over a parent’s objection.”

You can access today’s ruling of the Supreme Court of Kentucky at this link.

Posted at 11:33 PM by Howard Bashman



“U.S. Supreme Court Justice Scalia warns against ‘living’ Constitution”: The Billings Gazette has this news update.

And The Associated Press has a report that begins, “Passing through Laramie after an unsuccessful antelope hunt, U.S. Supreme Court Justice Antonin Scalia stopped at the University of Wyoming on Thursday to make an impassioned and humorous case for sticking to the original meaning of the U.S. Constitution.”

Posted at 11:23 PM by Howard Bashman



“Supreme Court Weighing ‘First Sale’ Copyright Doctrine”: David Kravets has this post at Wired.coms “Threat Level” blog.

Posted at 11:05 PM by Howard Bashman



“Retired Supreme Court Justice sits on NY court”: The Associated Press has a report that begins, “The first woman to sit on the U.S. Supreme Court has taken a chair for a day on a panel of the federal appeals court in New York.”

Posted at 11:03 PM by Howard Bashman



“How do you feel about Justice Roberts’ ruling on the Affordable Care Act? Were you surprised?” That’s one of the questions from historian Douglas Brinkley that President Obama answers in an interview Rolling Stone magazine posted online today.

Posted at 4:40 PM by Howard Bashman



“Court upholds ban on handgun sales to people under 21”: Jonathan Stempel of Reuters has a report that begins, “The United States may ban federally licensed firearms dealers from selling handguns to people under age 21, an appeals court ruled on Thursday, in a defeat for the National Rifle Association.”

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

Posted at 2:24 PM by Howard Bashman



“Diversity as a commodity: Affirmative Action warrants extensive reform, for this policy serves as an excuse for colleges to sacrifice equitable admissions policies in favor of a fetishized form of diversity.” Columnist James Yoon has this op-ed today in The Columbia Spectator.

Posted at 11:07 AM by Howard Bashman



“Critical online reviews can carry legal risks”: The Associated Press has this report on a case pending for decision before the Supreme Court of Minnesota.

Last month, The Duluth News Tribune reported on the oral argument in an article headlined “Minnesota Supreme Court hears Duluth neurologist’s defamation lawsuit against patient’s son; The Minnesota Supreme Court heard the case of a Duluth neurologist Tuesday who sued a patient’s son after being criticized on rate-your-doctor websites for his bedside manner.”

You can view the oral argument video by clicking here.

Posted at 11:02 AM by Howard Bashman



“Court: A woman with no genetic connection to baby is not the mother unless she adopts.” MaryAnn Spoto of The Newark (N.J.) Star-Ledger has an article that begins, “A woman who arranges for a surrogate to give birth by using someone else’s eggs cannot be considered the mother unless she adopts the child, a sharply divided state Supreme Court ruled today.”

Today’s edition of The New York Times contains an article headlined “Court’s Split Decision Provides Little Clarity on Surrogacy.”

The Record of Bergen County, New Jersey reports today that “Court upholds N.J. surrogate parent law.”

The Courier-Post of Cherry Hill, New Jersey reports that “Supreme Court rules in New Jersey fertility case.”

And The Associated Press has a report headlined “NJ court: Infertile men, women not treated same.”

Yesterday, the Supreme Court of New Jersey affirmed the judgment under review by an equally divided court. You can access at this link the court’s per curiam opinion and the opinions concurring in and dissenting from the result.

Posted at 10:48 AM by Howard Bashman



“The Court Crasher: Tom Goldstein changed how lawyers get to the Supreme Court–and how news gets out of it.” Stephanie Mencimer has this article in the November 2012 issue of The Atlantic magazine.

Posted at 10:25 AM by Howard Bashman



Wednesday, October 24, 2012

“Scores of women win equal pay compensation fight against Birmingham council”: The Independent (UK) has this news update.

The Guardian (UK) has a news update headlined “Birmingham equal pay victory for women may impact City of London; Lawyers say court ruling on equal pay claim for female council workers will have ‘serious ramifications’ for employers elsewhere.”

And BBC News reports that “Birmingham City Council loses equal pay appeal bid.”

You can access today’s ruling of the Supreme Court of the United Kingdom at this link. A related court press release can be accessed here.

Posted at 7:58 PM by Howard Bashman



“Judge’s death brings new twist in high-stakes climate case”: Lawrence Hurley of Greenwire has an article that begins, “The outcome of a prominent climate case has become even more shrouded in mystery after one of the three judges considering the matter died this week.”

Posted at 2:50 PM by Howard Bashman



“Justice Kennedy to Deliver Joseph Story Distinguished Lecture”: Robert Alt recently had this post at “The Foundry” blog of The Heritage Foundation.

The lecture is scheduled to take place today, beginning at 5:30 p.m. eastern time, and you can view it live, online via this link.

Update: You can also view Justice Kennedy’s remarks live, online via C-SPAN by clicking here.

Posted at 2:20 PM by Howard Bashman



“Flu Season Health Precautions”: Teddy Wayne recently had this post at the “Opinionator” blog of The New York Times.

Posted at 2:04 PM by Howard Bashman



“Appeals court orders political committees to return Stanford donations”: Loren Steffy has this article today in The Houston Chronicle.

Bloomberg News reports that “Stanford’s Political Donations Must Be Returned, Court Says.”

The Houston Business Journal reports that “National political campaigns must return money to Stanford receiver, court rules.”

And at the “Tex Parte” blog of Texas Lawyer, John Council has a post titled “5th Circuit rules on whether Republican, Democrat groups can keep political contributions from R. Allen Stanford and his companies.”

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

Posted at 2:00 PM by Howard Bashman



“Does the Supreme Court Have a Free Policy Choice in Wiley v. Kirtsaeng?” Marketa Trimble has this post today at the “Technology & Marketing Law Blog.”

Posted at 1:54 PM by Howard Bashman