How Appealing



Friday, March 7, 2014

“Colleges Straining to Restore Diversity; Bans on Race-Conscious Admissions Upend Racial Makeup at California Schools” This article appears today in The Wall Street Journal.

Posted at 1:22 PM by Howard Bashman



“Supreme Victory: After ‘surreal’ hearing, Senate panel advances Mike Wilson’s high court nomination.” Honolulu Civil Beat has this report today.

Posted at 1:06 PM by Howard Bashman



“Under the facts of this case, the district court panel did not apply the correct test to determine whether the State met its duty to provide adequacy in K-12 public education as required under Article 6 of the Kansas Constitution.” So ruled a unanimous Supreme Court of Kansas in a 110-page per curiam decision issued today.

Last night, I collected news coverage anticipating today’s ruling in a post you can access here.

Update: In early news coverage of today’s ruling, The Associated Press reports that “Kansas high court: School funding unconstitutional.”

Tim Carpenter of The Topeka Capital-Journal has a news update headlined “Supreme Court: Kansas funding unconstitutional on ‘equity’ grounds; Justices order lower court to reconsider ‘adequacy’ issues.”

Brad Cooper of The Kansas City Star has a news update headlined “Kansas Supreme Court: Change school aid formula and study whether to spend more.”

And The Wichita Eagle reports that “Kansas Supreme Court finds inequities in school funding, sends case back to trial court.”

Posted at 10:36 AM by Howard Bashman



“Condom piercer loses Supreme Court appeal; Craig Jaret Hutchinson convicted in December 2011 and sentenced to 18 months in prison”: CBC News has this report.

Sean Fine of The Toronto Globe and Mail has a news update headlined “Man who sabotaged condoms guilty of sexual assault, top court rules.”

The Canadian Press reports that “Supreme Court upholds conviction in tampered condoms case.”

CTVNews reports that “SCC upholds conviction in condom-poking case.”

Reuters reports that “Canadian guilty of sexual assault after piercing condom.”

And in early commentary on the ruling, law professor Angela Campbell has an essay titled “Condom case reaffirms the ability to make meaningful choices” online at The Toronto Globe and Mail.

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

Posted at 10:30 AM by Howard Bashman



“Closing arguments today in Michigan same-sex marriage trial”: The Detroit Free Press has this report. Earlier yesterday, the newspaper reported that “State’s last witness says unrepentant homosexuals are going to hell.”

And in other coverage, The Detroit News has a report headlined “Closing arguments on tap for Michigan’s gay marriage, adoption trial.” Earlier yesterday, the newspaper had a report headlined “Expert in same-sex adoption trial: Homosexuals are going to hell.”

Posted at 8:36 AM by Howard Bashman



“Michigan Supreme Court weighs if juveniles serving life should be resentenced”: Paul Egan of The Detroit Free Press has this report.

And from Florida, The Associated Press has a report headlined “Supreme Court gets case on juvenile life sentences” that begins, “The lawyer for a woman who helped commit a murder when she was 15 told the Florida Supreme Court she deserves a new sentencing hearing because of a federal ban on mandatory life-without-parole sentences for juveniles.”

Posted at 8:32 AM by Howard Bashman



“Top court to weigh whether a contraception deception is sex assault”: Sean Fine of The Toronto Globe and Mail has a report that begins, “Craig Jaret Hutchinson of Nova Scotia was afraid his girlfriend of nine or 10 months intended to leave him, so he poked pin-sized holes in condoms and got her pregnant. On Friday, the Supreme Court of Canada will decide whether his deception constituted sexual assault, in a case that could alter the definition of consent.”

And CBC News has a report headlined “Condom piercer Supreme Court decision expected today; Craig Jaret Hutchinson convicted in December 2011 and sentenced to 18 months in prison.”

Once it becomes available, I will provide a link to today’s ruling of the Supreme Court of Canada in this case.

Posted at 8:24 AM by Howard Bashman



Thursday, March 6, 2014

“Supreme Court to issue school-finance ruling Friday; Governor, legislators await appellate decision in high-stakes education case”: The Topeka Capital-Journal has this news update.

Brad Cooper of The Kansas City Star has a news update headlined “Kansas Supreme Court will hand down school finance decision Friday.”

The Wichita Eagle has a news update headlined “Kansas Supreme Court to announce ruling on school funding case Friday.”

And The Lawrence Journal-World has a news update headlined “Kansas Supreme Court to announce long-awaited school finance ruling.”

Posted at 11:27 PM by Howard Bashman



“Legislature gives swift approval to voyeurism measure”: The Boston Globe has a blog post that begins, “Fueled by public outcry, a bill to outlaw what’s known as ‘upskirting,’ the practice of secretly snapping certain sexual photos, rocketed through the Massachusetts Legislature Thursday in an extraordinary show of legislative will.”

Posted at 11:20 PM by Howard Bashman



“Florida Supreme Court rules Tampa immigrant can’t join Bar”: The Tampa Bay Times has a news update that begins, “In a long-anticipated decision, the Florida Supreme Court ruled Thursday that Tampa immigrant and FSU law school graduate Jose Godinez-Samperio cannot be admitted to the Florida Bar.”

The Orlando Sentinel has a news update headlined “Florida Supreme Court: Immigrants in the U.S. illegally cannot be lawyers in Florida.”

And The Associated Press has a report headlined “Fla. high court: Immigrant can’t get law license..”

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

Posted at 2:30 PM by Howard Bashman



“We consider whether prison officials sued for money damages under 42 U.S.C. sec. 1983 may raise a lack of available resources as a defense.” So begins the majority opinion that the en banc U.S. Court of Appeals for the Ninth Circuit issued today.

As to that central question presented, the en banc court ruled 6-to-5 against the plaintiff, who had alleged deliberate indifference to his medical needs in connection with dental care.

Posted at 1:38 PM by Howard Bashman



“Sunnyvale’s gun limit upheld in court”: Bob Egelko of The San Francisco Chronicle has an article that begins, “A federal judge on Wednesday allowed Sunnyvale to enforce a voter-approved ban on large-capacity gun magazines, saying it would have little impact on the constitutional right to possess firearms for self-defense.”

Josh Richman of The Oakland Tribune reports that “Sunnyvale’s new gun controls take effect.”

The Associated Press reports that “Judge upholds California city’s gun magazine ban.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “High-Capacity Gun Magazine Ban Upheld.”

I have posted online at this link yesterday’s ruling of the U.S. District Court for the Northern District of California.

Posted at 1:30 PM by Howard Bashman



“After the Veto”: Online at The New York Times, Linda Greenhouse has an essay that begins, “Once Gov. Jan Brewer of Arizona yielded to the country’s political, business and sports establishment last week and vetoed the nasty measure known as S.B. 1062, the furor died down.”

Posted at 11:03 AM by Howard Bashman



“Marriage equality is good for business, groups say; In amicus brief, they say bans hurt ability to hire and retain talent”: Brooke Adams has this article today in The Salt Lake Tribune.

Posted at 11:00 AM by Howard Bashman



“Does Warner Bros. Own the Batmobile? Holy copyright fight, Batman! The studio’s DC Comics heads for an appeals-court showdown over knockoff cars.” Eriq Gardner has this post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.

Posted at 10:58 AM by Howard Bashman



“The Senate Decides Being A Lawyer Disqualifies You From Holding A Legal Post”: Jennifer Bendery and Ryan J. Reilly of The Huffington Post have this report.

Posted at 8:37 AM by Howard Bashman



“Justices May Limit Securities Fraud Suits”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court treads middle ground in debate over securities-fraud lawsuits.”

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court is unlikely to halt class-action stock fraud lawsuits; U.S. corporations may fall short in a bid to get the Supreme Court to reverse a ruling that led to a flood of class-action cases against companies.”

In today’s edition of The Wall Street Journal, Brent Kendall has an article headlined “Justices Weigh Precedent on Securities Suits; High Court Hears Oral Arguments on Class Action Against Halliburton.” You can freely access the full text of the article via Google.

At Bloomberg Views, Matt Levine has an essay titled “Supreme Court Has Some Theories on Market Efficiency.”

And at Mayer Brown’s “Class Defense” blog, Andrew J. Pincus has a post titled “Reading the Halliburton Argument’s Tea Leaves.”

Posted at 8:15 AM by Howard Bashman



Wednesday, March 5, 2014

“Massachusetts Supreme Judicial Court: Upskirt photos not illegal under state law.” Garrett Quinn of The Republican of Springfield, Massachusetts has this news update, along with news updates headlined “Massachusetts legislature must revamp upskirting laws, says Suffolk DA Dan Conley, Senate President Therese Murray” and “House Speaker Robert DeLeo vows to work to update state law after SJC’s ruling on upskirt photos,”

The Boston Herald has a news update headlined “High court rules ‘upskirt’ photos legal in Massachusetts.”

The Boston Globe has a news update headlined “Speaker DeLeo vows to fix law after ruling says ‘upskirting’ — shooting a picture under a woman’s dress — is legal.”

And The Associated Press has a report headlined “Mass. court: Subway ‘upskirt’ photos not illegal.”

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

This blog’s earlier coverage of the oral argument of this appeal, which includes a link to the video of the oral argument, can be accessed here.

Posted at 5:38 PM by Howard Bashman



“Supreme Court Appears Ready to Rule for Police in Deadly Car Chase; Qualified immunity will likely be extended to officers who used deadly force”: Damon Root has this essay today at Reason.com.

Posted at 5:09 PM by Howard Bashman



“The Senate’s Hierarchy of Victimhood”: Jesse Wegman has this post today at the “Taking Note” blog of The New York Times, wherein he asks, “Under the new hierarchy of victimhood that today’s vote appears to establish, is it safe to assume that if one of [John Errol] Ferguson’s victims had been a cop, John Roberts would not now be on the Supreme Court?”

Posted at 5:06 PM by Howard Bashman



“At Halliburton argument, justices show little appetite for killing Basic”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 4:23 PM by Howard Bashman