How Appealing



Thursday, June 5, 2014

“Local court grants injunction for Catholic employers from healthcare mandate on contraceptives; Oklahoma City Archdioceses among plaintiffs in lawsuit challenging part of Affordable Care Act”: The Oklahoman has this news update.

Posted at 10:34 PM by Howard Bashman



“Appeals court admits screw-up — terror case hearing wasn’t recorded”: The Chicago Tribune has a news update that begins, “The clerk of the federal appeals court in Chicago said today his office ‘screwed up’ in not recording the audio of historic arguments Wednesday over whether attorneys for a local terrorism suspect should be allowed to view confidential surveillance documents filed in the case.”

Posted at 10:32 PM by Howard Bashman



Not Your Law School Graduation Speaker: Progressive law students won’t hear from the lions of the Warren Court again this week.” Law professor David Fontana has this jurisprudence essay online today at Slate.

Posted at 3:16 PM by Howard Bashman



“Arizona prisoners given OK for class-action suit against prisons for cruel and unusual treatment”: Howard Fischer of The East Valley Tribune has a news update that begins, “A federal appeals court gave the go-ahead today to a class-action lawsuit by inmates in Arizona prisons who allege they and others are being subject to unconstitutional cruel and unusual treatment.”

Circuit Judge Stephen Reinhardt wrote today’s ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Update: In other coverage, The Arizona Republic reports that “Arizona prisoners win class-action status in health suit.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Prisoners Win Class Cert in Solitary Confinement Challenge.”

Posted at 1:42 PM by Howard Bashman



“Even if credit card information listed on secured receipts could somehow cause anxiety, there is no allegation the shoppers suffered so much as a sleepless night or any other psychological harm.” So observes a dissenting opinion that Chief Judge William Jay Riley issued today from a ruling of the U.S. Court of Appeals for the Eighth Circuit in a case in which the plaintiffs alleged that Sam’s Club had violated the Fair and Accurate Credit Transactions Act.

Posted at 11:58 AM by Howard Bashman



“The Supreme Court is struggling to rein in America’s rogue patent court”: Timothy B. Lee has this post online at Vox.

Posted at 10:24 AM by Howard Bashman



“John Roberts’ Constitutional Avoidance: In Bond v. United States, the chief justice used a ‘saving construction’ to avoid a constitutional showdown; Sound familiar?” Damon Root has this essay at Reason.com.

Posted at 10:22 AM by Howard Bashman



“As Senate Runs Out Of Judges To Confirm, Dozens Of Courts Still Sit Empty With No Nominees”: Jennifer Bendery of The Huffington Post has this report.

Posted at 10:15 AM by Howard Bashman



“Lake Chelan ferry service appeal won’t be heard by Supreme Court”: The Spokesman-Review of Spokane, Washington has this report.

Posted at 8:16 AM by Howard Bashman



“Could Ninth Circuit send abortion back to the Supreme Court?” Jonathan H. Adler has this post today at “The Volokh Conspiracy.”

Posted at 8:09 AM by Howard Bashman



“Four in running for Del. Supreme Court vacancy”: Today’s edition of The News Journal of Wilmington, Delaware contains a front page article that begins, “The state panel that recommends candidates for Gov. Jack Markell to consider to fill a Delaware Supreme Court vacancy has offered four names, including a judge at the center of a controversial sentencing of du Pont heir Robert Richards IV in the rape of his daughter.”

Posted at 8:07 AM by Howard Bashman



Wednesday, June 4, 2014

“Cyberbullying Law Challenged in Court; New York Jurists to Decide if Criminal Statute Violates Freedom of Speech; Other States and Localities Await Precedent”: In Thursday’s edition of The Wall Street Journal, Joe Palazzolo will have an article that begins, “New York’s high court on Thursday will consider one of the first legal challenges to state and local laws that make it a crime for people to bully others online, especially children.”

Posted at 10:52 PM by Howard Bashman



“Golden Globes Lawsuit Hits Appeals Court: HFPA Says Judge Made ‘Significant Mistake’; An HFPA lawyer argues that the Ninth Circuit Court of Appeals should reverse a ruling that Dick Clark Productions can produce the Globes as long as the show is on NBC.” Alex Ben Block has this post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.

Posted at 10:22 PM by Howard Bashman



“Gitmo Fail: Obama promised to close Guantanamo; Why is he releasing dangerous detainees and ignoring the rest?” Emily Bazelon has this essay online at Slate.

Posted at 10:18 PM by Howard Bashman



“When Global Warming Kills Your God: Twenty-three Alaskan tribesmen broke the law when they overfished king salmon, but they claim their faith gave them no other choice.” Adam Weymouth has this article online at The Atlantic.

Posted at 10:16 PM by Howard Bashman



“New York City seeks to reinstate large soda ban”: Reuters has a report that begins, “An attorney for New York City has asked the state’s top court to revive a ban on large sugary drinks, saying the city’s health department has the power to ban any products, even hamburgers, that pose a health risk.”

Bloomberg News reports that “NYC Asks Top Court to Revive Bloomberg’s Big-Soda Ban.”

And The Associated Press reports that “State court considers restoring NYC big-soda ban.”

Posted at 8:17 PM by Howard Bashman



“Lawyers spar on secret-court documents in Chicago”: The Associated Press has a report that begins, “A federal appeals court in Chicago has heard oral arguments over surveillance issues highlighted during the past year by disclosures from onetime government contractor Edward Snowden.”

Posted at 5:28 PM by Howard Bashman