How Appealing



Monday, December 3, 2012

“The government switches position”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The Supreme Court, told by the federal government that it is changing its position on a prison sexual assault case, on Monday named a neutral lawyer to take on the defense of a lower-court ruling in that case.”

Posted at 11:12 PM by Howard Bashman



“Border Agents’ Power to Search Devices Is Facing Increasing Challenges in Court”: This article will appear Tuesday in The New York Times.

Posted at 11:09 PM by Howard Bashman



“NY court OKs $1 M school racial harassment award”: The Associated Press has a report that begins, “A $1 million award that’s one of the biggest ever issued for racial harassment in high school has been upheld by a New York court.”

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “Court Upholds $1M Award in School Race-Harassment Case.”

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

Posted at 5:55 PM by Howard Bashman



“Federal court voids drug rep’s conviction, cites free speech”: Jonathan Stempel of Reuters has a report that begins, “A divided federal appeals court on Monday threw out the conviction of a sales representative for promoting off-label use of a prescription drug, a ruling that could make it harder for the government to police how drugs are marketed and sold.”

My earlier coverage of today’s Second Circuit ruling appears at this link.

Update: In other coverage, The Wall Street Journal reports that “Conviction Overturned in Drug-Marketing Case.”

Posted at 5:44 PM by Howard Bashman



“In gene case, SCOTUS to confront Federal Circuit on patentability”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 3:00 PM by Howard Bashman



“A Question of Accountability: Harvard Law School’s International Human Rights Clinic argues that the Alien Tort Statute applies to corporations.” Harvard Law School has posted online this report.

Posted at 1:47 PM by Howard Bashman



Majority on divided three-judge Second Circuit panel vacates criminal conviction of pharmaceutical sales representative for promoting off-label use of prescription drug as obtained in violation of the defendant’s First Amendment free speech rights: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link. The appeal was argued two years and one day ago.

Posted at 1:40 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in one case.

Justice Sonia Sotomayor issued a dissent from the denial of certiorari in Hodge v. Kentucky, No. 11-10974.

At “SCOTUSblog,” Lyle Denniston has a post titled “Again, no gay marriage orders.”

Posted at 9:34 AM by Howard Bashman



“Winning the Moot Court Oral Argument: A Guide for Intra- and Intermural Moot Court Competitors.” Gerald Lebovits, Drew Gewuerz, and Christopher Hunker have this article online at SSRN.

Posted at 9:02 AM by Howard Bashman



“Argument preview: Hospitals, money, and missing a deadline.” Lyle Denniston has this post today at “SCOTUSblog.”

Posted at 8:57 AM by Howard Bashman



“Australians Face Gangrene Photos as Tobacco Brands Vanish”: Bloomberg News has a report that begins, “Australians buying cigarettes are now guaranteed to face warnings that include photos of a gangrenous limb and a cancer victim as the world’s first law requiring tobacco sales in uniform packages takes effect.”

And The Sydney Morning Herald reported Friday that “Plain packs ‘put off’ smokers.”

Posted at 7:46 AM by Howard Bashman



“Fugitive ex-prosecutor caught in New Mexico; James Cameron was on the run for more than two weeks before being arrested in Albuquerque”: The Portland (Me.) Press Herald has this news update.

Posted at 7:42 AM by Howard Bashman



“Married — but not here in Michigan; Supreme Court may decide to rule on gay marriage laws”: The Detroit News contains this article today.

Posted at 7:40 AM by Howard Bashman