How Appealing



Friday, November 23, 2012

“Did the Founders’ Constitution Permit Federal Tort Reform?” Randy Barnett has this post today at “The Volokh Conspiracy,” linking to two contrasting views on the subject that you can access here and here.

Posted at 2:03 PM by Howard Bashman



“Justice Diane Hathaway’s legal troubles tarnish Michigan Supreme Court”: Columnist Tim Skubick has this essay today at MLive.com.

Posted at 1:00 PM by Howard Bashman



“Supreme Court case wouldn’t affect Kansas admissions requirements; Standard university entry based on tests and high school record”: This article appears today in The Topeka Capital-Journal.

Posted at 9:25 AM by Howard Bashman



“Argentina willing to go to U.S. Supreme Court in bond row”: Reuters has a report that begins, “Argentina will appeal a U.S federal court ruling ordering it to pay $1.33 billion to holdout bond investors, the government said on Thursday, vowing to fight ‘judicial colonialism’ all the way to the U.S. Supreme Court if necessary.”

Posted at 9:22 AM by Howard Bashman



Thursday, November 22, 2012

“Wash. high court wrestles with public trial right”: The Associated Press has this report, which notes that “The justices wrestled with the topic, issuing 14 lead, concurring and dissenting opinions Wednesday in four separate cases.”

You can access yesterday’s rulings of the Washington State Supreme Court via this link.

Posted at 10:46 AM by Howard Bashman



“S.C. Supreme Court, holding all the cards, finds poker players guilty, again”: This article appears today in The Post and Courier of Charleston, South Carolina. In addition, columnist Brian Hicks has an essay entitled “South Carolina has no room to lecture us on gambling.”

And Pokerfuse.com reports that “South Carolina Supreme Court Reinstates Guilty Verdicts in Poker Case; Skill game argument noted, but deemed irrelevant in decision to overturn Circuit Court’s previous ruling.”

You can access yesterday’s 3-to-2 ruling of the Supreme Court of South Carolina at this link.

Posted at 10:38 AM by Howard Bashman



“William Jefferson, Corey Miller should learn Monday if Supreme Court will hear appeals”: Bruce Alpert of The Times-Picayune of New Orleans has this report.

Posted at 10:27 AM by Howard Bashman



“Unfortunately, plaintiff’s briefs are textbook examples of how not to litigate a case on appeal”: Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued this per curiam opinion.

Although the decision does not identify its author, the opinion reflects the writing style of the First Circuit’s newest arrival, Circuit Judge O. Rogeriee Thompson. President Obama and the U.S. Senate deserve credit for nominating and confirming a talented writer to fill the vacancy created when another talented writer, Circuit Judge Bruce M. Selya, took senior status. Back in March 2004, Judge Selya took part in this blog’s “20 questions for the appellate judge” feature. You can read his interview at this link.

Posted at 10:12 AM by Howard Bashman



Wishing the readers of this blog a very happy Thanksgiving! Thank you for inspiring this blog to exist for the past ten years and into the future.

In a nod to new technology, earlier this year “How Appealing” made the leap to Twitter. You can be notified of new posts here by following this blog’s Twitter feed, which you can access here.

Posted at 9:46 AM by Howard Bashman



Wednesday, November 21, 2012

“As Supreme Court Software Patent Ban Turns 40, It’s Time To Stop Ignoring It”: Timothy B. Lee has this post today at Forbes.com.

Posted at 1:26 PM by Howard Bashman



“FBI job applicant can’t take back pornography admission — court”: David Ingram of Reuters has a report that begins, “A man who applied for a job with the FBI and told agents he owned pictures of naked children cannot take back the interview answers that led to his conviction for possession of child pornography, a federal appeals court ruled on Wednesday.”

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

Posted at 1:15 PM by Howard Bashman



“Supreme Court to hear California raisin growers’ case; Fresno raisin growers Marvin and Laura Horne are challenging a New Deal-era federal program that aims to prop up raisin prices by keeping some of the crop off the market”: David G. Savage has this article today in The Los Angeles Times.

Posted at 8:33 AM by Howard Bashman



“Michigan’s Burdensome Amendment”: Today’s edition of The New York Times contains an editorial that begins, “In a persuasive ruling last week, a majority of the United States Court of Appeals for the Sixth Circuit struck down Michigan’s ban on race-conscious affirmative action policies.”

Posted at 8:32 AM by Howard Bashman



Tuesday, November 20, 2012

“Warren Rudman, Dead at 82, Played Key Role in Souter Confirmation”: Todd Ruger has this post today at “The BLT: The Blog of Legal Times.”

Posted at 9:02 PM by Howard Bashman



“In pay-for-delay cert competition, Merck offers SCOTUS an option”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 6:00 PM by Howard Bashman



“Souter, back on the bench: Retired justice presides over Ames competition at HLS.” Harvard Law School has posted online this news release, which provides access to video of the competition.

Posted at 1:36 PM by Howard Bashman



“The next big affirmative-action case”: Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 1:30 PM by Howard Bashman