How Appealing



Tuesday, July 30, 2013

Promise kept: Back on December 11, 2012, in previewing an oral argument that I would be delivering the next day, I wrote “Eventually, the video of the oral argument should be available online via the web site of the Pennsylvania Cable Network. I will link to the video when it becomes available.”

Unfortunately, as time passed, the video did not become available online. In relatively short order, my client won the appeal (and I collected news coverage of the outcome here, here, and here). Once the decision issued, I stopped checking to see if the oral argument had become available online.

Now, however, I see that PCN at some point finally posted the video of the oral argument online. The oral argument video is the first case that appears in “part two” of the video proceedings available online via this link.

Posted at 11:57 PM by Howard Bashman



“Senators Coons, Leahy introduce bill to create 91 new judgeships; Legislation is based on recommendations of nonpartisan Judicial Conference led by Chief Justice John Roberts”: U.S. Senator Chris Coons (D-DE) issued this news release today.

Posted at 11:40 PM by Howard Bashman



“Warrantless Cellphone Tracking Is Upheld”: This article will appear Wednesday in The New York Times.

Cyrus Farivar of Ars Technica has a report headlined “Again, federal court finds cops don’t need a warrant for cellphone location data; If you want your records anonymized, tell ‘the market or the political process.‘”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “Fifth Circuit Hands Down Long-Awaited Case on the Fourth Amendment, Cell-Site Data, and Ex Parte Decisionmaking.”

Posted at 10:55 PM by Howard Bashman



“The Next Big Test of Corporate Personhood”: David H. Gans has this post today at the “Text & History Blog” of the Constitutional Accountability Center.

Posted at 5:30 PM by Howard Bashman



“Appeals court upholds ruling striking down NYC’s large soda ban; Mayor Michael Bloomberg had advanced the regulation as a way to combat obesity among city residents”: The New York Daily News has this update.

The New York Post has a news update headlined “Appeals court upholds ruling slapping down Mayor Bloomberg’s soda ban.”

Bloomberg News reports that “N.Y.’s Large Soda Ban Block Ruling Upheld on Appeal.”

Reuters reports that “Appeals court upholds ruling that halted NYC’s large-soda ban.”

The Associated Press has a report headlined “Appeals court: NYC’s big-soda ban unconstitutional.”

You can access today’s ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.

Posted at 1:16 PM by Howard Bashman



“The Third Circuit Is Wrong Again: ‘For-Profit, Secular Corporations’ Can Engage in the ‘Exercise of Religion.'” At “walshsblog,” law professor Kevin C. Walsh has this post today.

Posted at 12:02 PM by Howard Bashman



“The plaintiffs, twelve graduates of the Thomas M. Cooley Law School, sued their alma mater in district court, alleging that the school disseminated false employment statistics which misled them into deciding to attend Cooley.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.

Posted at 11:18 AM by Howard Bashman



“16-year terms for Wisconsin Supreme Court justices get nod from progressive group”: The Capital Times of Madison, Wisconsin has this report.

Posted at 9:14 AM by Howard Bashman



“At The Supreme Court, The Number Of Women Advocates Is Increasing; Panelists at talk in D.C. discuss how women attorneys have broken into the exclusive ‘club’ of advocates”: Tony Mauro of The National Law Journal has this report.

Posted at 9:10 AM by Howard Bashman



“Supreme Court Justice Ginsburg Speaks At Chautauqua Institution”: Today’s edition of The Post-Journal of Jamestown, New York contains this article.

Posted at 9:08 AM by Howard Bashman



“Charleston adoption hearing to weigh Veronica’s transition as U.S. Supreme Court ponders stepping in”: The Post and Courier of Charleston, South Carolina has this report.

Posted at 8:57 AM by Howard Bashman



“Ripped to Shreds on the Way to the D.C. Circuit: In the hyperpartisan battle over Obama’s nominees to a key appeals court, the candidates’ qualifications don’t really matter.” James Oliphant will have this essay in the August 2013 issue of The American Lawyer.

Posted at 8:47 AM by Howard Bashman