How Appealing



Wednesday, August 20, 2014
Tuesday, August 19, 2014

“State Supreme Court declares fine against casino employee unconstitutional”: Adam Brandolph of The Pittsburgh Tribune-Review has a news update that begins, “The Pennsylvania Supreme Court on Tuesday called a $75,000 fine that an Allegheny County judge dealt to a former Rivers Casino poker dealer ‘unconstitutionally excessive,’ considering he stole $200 in poker chips, and sent the case back for an ‘appropriate fine.'”

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

Posted at 11:15 PM by Howard Bashman



“Louisiana Supreme Court settles Justice Department inquiry into attorney admissions”: The Times-Picayune of New Orleans has this report.

Posted at 11:11 PM by Howard Bashman



“McCrory appoints Mark Martin chief justice of NC Supreme Court”: The News & Observer of Raleigh, North Carolina has this report.

Posted at 11:08 PM by Howard Bashman



“Utah poll: Most oppose gay marriage, think Supreme Court will legalize it; Most Utahns oppose it but believe Supreme Court will reject the state’s arguments.” Matt Canham of The Salt Lake Tribune has this report.

Posted at 11:07 PM by Howard Bashman



“The Politics of Judging and the Judging of Politics”: Certain content available online from law.com now appears to be freely accessible via Google News. Last Tuesday, The Legal Intelligencer published this new installment of my monthly “Upon Further Review” column. You can freely access the essay via Google News.

Posted at 1:42 PM by Howard Bashman



“Breyer’s Two Decades as the ‘Cold-Fish’ Justice”: Kenneth Jost has this post at his blog, “Jost On Justice.”

Posted at 11:11 AM by Howard Bashman



“To Kill or Not to Kill All the Lawyers? That Is the Question; Attorneys Object to Interpretation of Shakespeare’s Line; ‘Not a Slur.'” Jacob Gershman of The Wall Street Journal has this report.

Posted at 11:09 AM by Howard Bashman



“A plea to leave fate of health care subsidies to the Court”: Lyle Denniston had this post yesterday at “SCOTUSblog.”

“Josh Blackman’s Blog” has a post titled “Opposition to En Banc Review in Halbig.”

On Sunday at the “Balkinization” blog, Rob Weiner had a guest post titled “Politics By Other Means.

And yesterday at “The Volokh Conspiracy,” Jonathan H. Adler had a post titled “Law by other means — a response to Rob Weiner on Halbig.”

Posted at 8:22 AM by Howard Bashman



Become the 3,000th follower of “How Appealing” on Twitter: Or don’t. In the whole grand scheme of things, it probably doesn’t make much difference either way.

Posted at 8:16 AM by Howard Bashman



Ninth Circuit rules that Barnes & Noble’s “browsewrap” arbitration agreement isn’t worth the pixels it’s written on: The Recorder reports that “Ninth Circuit Spurns Web ‘Browsewrap’ Agreement.” You can freely access the full text of this article via Google News.

Courthouse News Service reports that “Barnes & Noble Loses Bid for Arbitration on Appeal.”

Central Valley Business Times reports that “Terms of use buttons are not enough, says court.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Barnes & Noble ‘Browsewrap’ Terms of Use Bites the Dust.”

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

Posted at 8:14 AM by Howard Bashman



“Arizona Loose With Its Rules in Executions, Records Show”: Fernanda Santos and John Schwartz had this article in yesterday’s edition of The New York Times.

Posted at 8:04 AM by Howard Bashman



“One month later, Markel investigation continues”: Sean Rossman has this article in today’s edition of The Tallahassee Democrat.

Posted at 8:02 AM by Howard Bashman



Monday, August 18, 2014
Sunday, August 17, 2014

“Where’s the Justice at Justice?” Columnist Maureen Down has this op-ed in the Sunday Review section of today’s edition of The New York Times.

Posted at 1:16 PM by Howard Bashman



“GOP moves to restrict court challenges of N.C. laws”: The Charlotte Observer has an article that begins, “After passing laws imposing new conditions on abortions and elections, taking away teacher tenure and providing vouchers for private school tuition, Republican state legislators have seen those policies stymied in state and federal courtrooms.”

Posted at 1:14 PM by Howard Bashman



“SCOTUS ruling might handcuff school safety”: Today’s edition of The Cincinnati Enquirer contains a front page article that begins, “It’s been a longtime, informal practice in many schools: Principals — on occasion and when warranted — confiscate and search cellphones if students are suspected of wrongdoing.”

Posted at 1:12 PM by Howard Bashman



Saturday, August 16, 2014

“Nevada Supreme justices suffer ‘personal toll'”: The Reno Gazette-Journal has an article that begins, “Nevada Supreme Court Justice James Hardesty is the main spokesman for Question One on the November general-election ballot. If passed by voters, it would establish an appeals court in Nevada. It would ease the overwhelming pressure on the state Supreme Court, which now is the only appeals court in the state.”

Posted at 1:25 PM by Howard Bashman



“Alabama Supreme Court rules brand name drug makers liable for harm caused by generic versions”: AL.com has this report.

The Associated Press has a report headlined “Alabama high court upholds generic drug decision” that begins, “Brand-name drug makers can be held liable for warnings on a generic medication even if it was produced by another company, the Alabama Supreme Court ruled Friday, standing by an earlier decision that business leaders viewed as a defeat.”

And WSJ.com’s “Pharmalot” blog has a post titled “Pfizer is Liable for Harm Caused by a Generic Version of its Drug: Court.”

You can access yesterday’s 6-to-3 ruling of the Supreme Court of Alabama on rehearing at this link.

Posted at 1:08 PM by Howard Bashman



“Arrested federal judge keeps getting $199K salary”: The Associated Press has a report that begins, “An Alabama federal judge stripped of his caseload following his arrest on domestic violence charges in Atlanta will continue receiving his annual salary of nearly $200,000.”

Posted at 1:00 PM by Howard Bashman



“National news media picture West Ottawa High School teacher on Supreme Court cell phone ruling”: The Grand Rapids Press has this report.

Posted at 12:55 PM by Howard Bashman



“Suspect’s silence allowed as evidence at trial, court rules”: Bob Egelko of The San Francisco Chronicle has this report.

Howard Mintz of The San Jose Mercury News reports that “Redwood City man’s conviction in fatal crash to remain in doubt.”

The San Mateo Daily Journal reports that “Supreme Court restores fatal crash conviction: Redwood City man’s post-incident silence, and Fifth Amendment rights, at issue.”

Metropolitan News-Enterprise reports that “S.C. Orders New Look at Conviction in Traffic Fatality of Child; Divided Court Says Evidence of Defendant’s Lack of Concern for Victims May Have Been Admissible.”

And The Associated Press has a report headlined “Court: Silence can be used against suspects.”

You can access Thursday’s 4-to-3 ruling of the Supreme Court of California at this link.

Posted at 12:16 PM by Howard Bashman



“Justice tells women: ‘Rooting out unconscious bias is much harder.'” Today’s edition of The Santa Fe New Mexican contains a front page article that begins, “U.S. Supreme Court Justice Ruth Bader Ginsburg told a Santa Fe audience Friday that discrimination against women is more subtle than it used to be and can be more difficult to combat than the overt discrimination she encountered when she began her legal career more than 50 years ago.”

And today’s edition of The Albuquerque Journal contains an article headlined “Justice Ginsburg: Women must keep up the fight for equality.”

Posted at 9:21 AM by Howard Bashman



Friday, August 15, 2014

Effective today, R. Guy Cole is the Chief Judge of the U.S. Court of Appeals for the Sixth Circuit: Opinions issued today (see here and here) confirm the change, as do that court’s own listing of judges and Wikipedia.

At present, the Federal Judicial Center’s biographical database still lists Alice M. Batchelder as the Sixth Circuit’s chief judge. According to her Wikipedia entry, former Chief Judge Batchelder turned 70 today, and thus became statutorily ineligible to continue serving as that circuit’s chief judge.

Posted at 10:58 PM by Howard Bashman



Thursday, August 14, 2014