How Appealing



Tuesday, April 23, 2013

“Oklahoma-Texas water dispute at high court”: Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that “Supreme Court justices tackle Texas-Oklahoma water fight.”

Richard Wolf of USA Today reports that “Texas-Oklahoma water fight could wash over West.”

And Jeremy P. Jacobs of Greenwire reports that “Justices struggle with interstate compact at heart of Texas-Okla. water war.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Tarrant Regional Water Dist. v. Herrmann, No. 11-889.

Posted at 3:38 PM by Howard Bashman



“Court to review overturned terror conviction”: The Associated Press has a report that begins, “A federal appeals court is taking another look at a three-judge panel’s decision to overturn the military commission conviction of an alleged al-Qaida propagandist.”

And at the “Lawfare” blog, Wells Bennett and Benjamin Wittes have a post titled “Breaking News: D.C. Circuit Grants En Banc Rehearing in Al-Bahlul.”

You can access today’s order of the U.S. Court of Appeals for the D.C. Circuit granting rehearing en banc at this link.

Update: At “SCOTUSblog,” Lyle Denniston has a post titled “Congress’s war crimes power at issue.”

Posted at 1:40 PM by Howard Bashman



“Founding Firearms”: In the May/June 2013 issue of Boston Review, law professor Pamela S. Karlan has an essay that begins, “The idea that the meaning of a constitutional provision is frozen at the moment of its ratification — and that its meaning can be discerned and applied to contemporary controversies in an incontestable manner — lies at the heart of arguments for originalism, an interpretive method Supreme Court Justice Antonin Scalia has spent his career championing.”

Posted at 12:58 PM by Howard Bashman



Access online today’s ruling of the U.S. Supreme Court in an argued case: Justice Sonia Sotomayor delivered the opinion of the Court in Moncrieffe v. Holder, 11-702. Justices Clarence Thomas and Samuel A. Alito, Jr. issued dissenting opinions. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Court limits deportations over marijuana crimes.”

Update: In other coverage, Lawrence Hurley of Reuters reports that “Justices say marijuana possession not a deportable offense.”

Posted at 10:09 AM by Howard Bashman



“What is the Supreme Court? Why was it established in 2009? And what issues does it hear about?” The Supreme Court of the United Kingdom has posted online an introductory film “primarily aimed at GSCE/Standard Grade students.”

Posted at 9:00 AM by Howard Bashman



“The Case Against Dzhokhar Tsarnaev: A Guide.” Jeffrey Toobin has this blog post online today at The New Yorker.

Online at The Atlantic, Adam Goodman has an essay titled “How the Media Have Misunderstood Dzhokhar Tsarnaev’s Miranda Rights: A primer on Miranda and the public-safety exception.” And Andrew Cohen has an essay titled “Tsarnaev’s Now Been Charged: Five Questions, Five Answers; Understanding what happened today and what comes next for the Boston bombing suspect.”

And at Slate, Emily Bazelon has a jurisprudence essay titled “Of Course Dzhokhar Tsarnaev Is Not an Enemy Combatant; John McCain and Lindsey Graham’s ludicrous, harmful campaign to get him declared one.”

Posted at 8:57 AM by Howard Bashman



“JPMorgan’s huge win vs Dexia could be undone by Edge Act ruling”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 8:52 AM by Howard Bashman



“Justices Weigh Conditions In Awarding U.S. Grants”: Adam Liptak has this article today in The New York Times.

In today’s edition of The Washington Post, Robert Barnes reports that “Supreme Court weighs restrictions that Congress can impose on groups it funds.”

In today’s edition of The Los Angeles Times, David G. Savage reports that “Supreme Court weighs ‘loyalty oaths’ for groups fighting AIDS; The groups object to having to explicitly oppose prostitution and sexual trafficking in order to receive U.S. aid.”

In today’s edition of The Wall Street Journal, Jess Bravin reports that “Justices Weigh Conditions on Funding for Aid Groups.”

And on yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Justices Weigh Speech Rights For Groups Getting U.S. Funds.”

Posted at 8:40 AM by Howard Bashman



Monday, April 22, 2013

“‘Times’ hires Jesse Wegman as editorial-board writer on law, Supreme Court”: Joe Pompeo of Capital New York has this report on the person hired to replace the departing Lincoln Caplan at The New York Times.

Posted at 8:52 PM by Howard Bashman



“High court aims to balance AIDS, sex trafficking fights; Two worthy goals collide in court as justices consider free speech rights, conditions on funding”: Richard Wolf of USA Today has this report.

Posted at 5:54 PM by Howard Bashman



“Justices leave ruling against Occidental over rainforest pollution in place”: Jeremy P. Jacobs of Greenwire has this report.

Posted at 4:42 PM by Howard Bashman



20 hours remain to enter the current “How Appealing” book give-away: Details can be found in this post from last Friday night.

Posted at 4:01 PM by Howard Bashman



“High court weighs dispute over AIDS funding”: Mark Sherman of The Associated Press has this report.

Greg Stohr of Bloomberg News reports that “Anti-Prostitution Rule Questioned by U.S. Supreme Court.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: Anxiously seeking simplicity.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Agency for Int’l Development v. Alliance for Open Society Int’l, Inc., No. 12-10.

Update: In other coverage, Lawrence Hurley of Reuters reports that “Supreme Court justices conflicted over AIDS funding case.”

Posted at 2:44 PM by Howard Bashman



“The New Law We Need in Order to Deal With Dzhokhar Tsarnaev: Congress should authorize the isolation and detention of suspected terrorists.” Law professor Eric Posner has this essay online at Slate.

Posted at 2:24 PM by Howard Bashman



“The Constitutional Flaws of the Indian Child Welfare Act: The Supreme Court weighs a contentious dispute over adoption, Indian lineage, and child welfare.” Walter Olson has this essay online today at Reason.

Posted at 1:35 PM by Howard Bashman



“Hacking Trial Devoid of Hacking Awaits Jury Verdict”: Today at Wired.com’s “Threat Level” blog, David Kravets has a post that begins, “The same hacking statute internet sensation Aaron Swartz was being prosecuted under until his January suicide is quietly being tested in a San Francisco federal courtroom — to little fanfare in a case devoid of hacking in the traditional sense.”

Posted at 1:20 PM by Howard Bashman



“Why Is Congress Trying to Make Our Internet Abuse Laws Worse, not Better? The Computer Fraud and Abuse Act is too vague and broad to make sense in an increasingly computer-mediated world; Yet legislators don’t seem to get it.” Law professors Orin Kerr and Lawrence Lessig have this essay online at The Atlantic.

Posted at 10:50 AM by Howard Bashman



“Do You Have the Right to Remain Silent? The Obama administration’s radical view of Miranda rights was in place well before Boston.” Law professor Jeffrey Rosen has this essay online at The New Republic.

Posted at 10:48 AM by Howard Bashman



“YaleWomen conference unites alumnae”: Today’s edition of The Yale Daily News contains an article that begins, “Supreme Court Justice Sonia Sotomayor LAW ’79 told a ballroom packed with around 425 women about her grueling work ethic, the importance of not being limited by personal circumstance and even her occasional feelings of inadequacy despite her successes.”

Posted at 10:10 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted its Order List at this link. The Court granted review in one new case.

Update: In early news coverage, Greg Stohr of Bloomberg News reports that “Rio Tinto Gets New Hearing in Bid to End Genocide Lawsuit” and “Tobacco Industry Spurned by Top Court on Package Warnings.”

The Associated Press reports that “High court to look at Daimler appeal“; “Court won’t stop judges from getting raises“; and “High court rejects tobacco marketing appeal.”

Lawrence Hurley of Reuters reports that “Top court agrees to hear Daimler human rights case“; “High court declines to hear judicial pay case“; and “Justices decline to hear challenge to tobacco law.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “New case on foreign corporations.”

Posted at 9:33 AM by Howard Bashman



“Topekan honors twins with tattoo; Current ‘sperm donor’ case drudges up memories for Daryl Hendrix”: Ann Marie Bush of The Capital-Journal of Topeka, Kansas has an article that begins, “The U.S. Supreme Court five years ago sided with the Kansas high court that Topekan Daryl Hendrix couldn’t be a part of the lives of two children conceived by artificial insemination using his sperm.”

Posted at 8:27 AM by Howard Bashman



“Fights against AIDS, sex traffic collide at high court; Does requiring groups fighting HIV/AIDS to oppose prostitution violate the right to free speech?” Richard Wolf has this article today in USA Today.

Posted at 8:24 AM by Howard Bashman