At midnight, this blog is moving to its new online home: Following nearly eight and a half wonderful years during which this blog was hosted at the Law.com web site, effective Wednesday, October 1, 2014 “How Appealing” will be hosted by Breaking Media in affiliation with its highly successful “Above the Law” blog. This blog’s new address effective at midnight is http://howappealing.abovethelaw.com. Please adjust your bookmarks accordingly.
Also moving to the new address will be this blog’s entire archives, stretching back to May 6, 2002, and this blog’s “20 questions for the appellate judge” interview archives.
I wish all of my friends at ALM/Law.com all the best for the future, and I thank them for their kindness over the past many years. At the same time, I am very much looking forward to the future and this blog’s new location and affiliation with “Above the Law.”
My most sincere thanks of all, however, are reserved for this blog’s readers, because without you this blog would not continue to exist. Thank you for reading, and I hope you will visit often at this blog’s new address.
“After Decades of Action, Supreme Court Cools on School Cases”: Mark Walsh of Education Week has this report (registration required for full access). A graphic accompanying the article is already freely accessible.
“Full D.C. Circuit Weighs Contractors’ Political Contributions”: Zoe Tillman has this post at “The BLT: The Blog of Legal Times.”
You can freely access the full text of the post via Google.
Update: In other coverage, Josh Gerstein of Politico.com has a blog post titled “D.C. Circuit skeptical on contractor donation ban.”
The U.S. Court of Appeals for the D.C. Circuit has posted the audio of today’s en banc oral argument online at this link (40.7 MB mp3 audio file).
“A few thoughts on Heien v. North Carolina“: Orin Kerr has this post at “The Volokh Conspiracy.” Heien is scheduled to be the first and only case argued at the U.S. Supreme Court on the first Monday in October.
Your lying eyes: Today’s edition of The Yale Daily News contains an article headlined “Video evidence not immune from bias.”
Last Saturday at Vox, German Lopez had a post titled “Video footage was supposed to offer jurors objective evidence; Sometimes, it doesn’t.”
And last Tuesday, New York University posted a news release titled “Video Blinds Us to the Evidence, NYU, Yale Study Finds.”
“Dow Chemical fails to overturn $1.06 billion price-fixing award”: Jonathan Stempel of Reuters has this report.
My earlier coverage of yesterday’s Tenth Circuit ruling appears at this link.
Ninth Circuit rejects Commerce Clause challenge to Alameda County, California’s Safe Drug Disposal Ordinance: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Michael A. Carvin argued the appeal on behalf of the appellants, who were seeking to invalidate the ordinance.
“Divorce law out of sync with same-sex marriage”: The Associated Press has this report.
“Colorado Supreme Court considers whether workers can be fired for marijuana use”: John Ingold of The Denver Post has this news update providing access to video of this morning’s Supreme Court of Colorado oral argument in this case.
And The Associated Press reports that “Colorado high court considers pot firing case.”
Update: In other coverage, Reuters reports that “Colorado court hears appeal of worker fired for medical marijuana.”
“Prosecutors float possibility of jail time for former Justice Melvin”: Bobby Kerlik of The Pittsburgh Tribune-Review has this news update.
“Appeals court to state: Turn over IDs of executioners.” Brian Haas has this article in today’s edition of The Tennessean reporting on a ruling that the Court of Appeals of Tennessee issued yesterday.
“Ginsburg Faulted for Comment on Texas Abortion Law”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”
You can freely access the full text of the post via Google News.
“How Serious Is the Supreme Court About Religious Freedom? A new case will test whether the justices’ defense of conscience in Hobby Lobby applies to minority religions like Muslims, or just to Christians.” Law professor Dawinder S. Sidhu has this essay online today at The Atlantic.
“Supreme Court’s next same-sex marriage move: Sooner or later?” Stephanie Condon of CBS News has this report today.
“An Obscure Senate Procedure May Have Just Reelected America’s Most Anti-Union Governor”: Ian Millhiser has this post at ThinkProgress (via “The Indiana Law Blog“).
“Panelists Brief Press on New Supreme Court Cases”: Georgetown Law has issued this news release. You can access the video of the two-hour event via this link.
Via C-SPAN, you can also access online SCOTUS Term previews that were hosted by Smithsonian Associates and the Woodrow Wilson International Center for Scholars.
“Karmeier pens 16-page order explaining why he won’t recuse in Price v. Philip Morris”: The Madison-St. Clair (Ill.) Record has this report.
“Constitution Check: Is there a right to vote before election day?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.
“Colorado high court considers pot firing case”: The Associated Press has this report.
“Killing the ‘Nuclear Option’ Will Not Save the Senate; It Will Ruin Obama’s Final Two Years”: Brian Beutler has this essay online at The New Republic.
“SCOTUS could inject same-sex marriage into races”: Josh Gerstein of Politico.com has an article that begins, “Same-sex marriage, which has barely generated a peep in most of this fall’s political races, could soon make an unexpected appearance on the campaign trail if the Supreme Court announces that it will rule on whether the Constitution guarantees gay marriage rights.”
Starting tomorrow: “How Appealing” will have a new online address.
Beginning on Wednesday, October 1, 2014, you will need to visit http://howappealing.abovethelaw.com to access new posts.
One final reminder will appear this evening in my final post at this blog’s current location. While the move is underway this evening, any appellate-related updates will appear only in this blog’s Twitter feed (@howappealing), which will also offer a link to this blog’s new online address beginning tomorrow.
“A Supreme Failure: It’s time for the Supreme Court to do a better job at upholding the Constitution.” Law professor Erwin Chemerinsky has this essay online today at Politico Magazine.
“Colorado Supreme Court to hear case of man fired over medical marijuana”: Colorado Public Radio today has a report that begins, “Tomorrow, Colorado’s Supreme Court will consider whether employers should be able to fire workers for using medical marijuana.”
“Circuit Upholds Rejection of EEOC’s Gender Pay Lawsuit”: Mark Hamblett of the New York Law Journal has an article that begins, “The Equal Employment Opportunity Commission has lost its appeal of a case alleging that the Port Authority of New York and New Jersey paid some of its female attorneys far less than their male counterparts.”
You can freely access the full text of the article via Google.
Circuit Judge Debra Ann Livingston wrote today’s ruling of the U.S. Court of Appeals for the Second Circuit on behalf of a unanimous three-judge panel. And Rosemary Alito argued the case on behalf of the Port Authority of New York and New Jersey.
“Easton settles Boobies costs for $385,000”: Peter Hall of The Morning Call of Allentown, Pennsylvania has this news update.
And Kurt Bresswein of The Express-Times of Easton, Pennsylvania has a news update headlined “Easton Area School District to pay attorneys’ fees in ‘I (heart) Boobies!’ case.”
“For next attorney general, reach across aisle; Like at Defense, an attorney general and a president should come from different parties”: Law professor Glenn Harlan Reynolds will have this op-ed in Tuesday’s edition of USA Today.
“Some Judicial Opinions Require Only 140 Characters; Justice Don Willett of the Texas Supreme Court Lights Up Twitter”: Jesse Wegman will have this Editorial Observer essay in Tuesday’s edition of The New York Times.
You can access Texas Supreme Court Justice Don Willett‘s Twitter feed at this link.
“Pennsylvania’s top judge wonders whether jurists involved in emailed porn”: Karen Langley of The Pittsburgh Post-Gazette has a news update that begins, “The chief justice of the Pennsylvania Supreme Court has asked Attorney General Kathleen Kane to identify any judicial official who participated in an electronic exchange of pornography.”
The Associated Press reports that “Pennsylvania chief jurist warns of impact on cases if judges exchanged pornography with state lawyers.”
And at the “Philly Clout” blog, Chris Brennan of The Philadelphia Daily News has a post titled “Castille: Porn-viewing judges must ‘pay the piper.’”
“Should Federal Judges Have to Turn over Their Medical Records?” Joe Palazzolo has this post today at WSJ.com’s “Law Blog.”
“Law School hosts annual Supreme Court Preview”: The William & Mary Law School has published this news release.
“State Supreme Court to do away with unsigned opinions”: The Charleston (W. Va.) Gazette has a news update that begins, “Calling them unnecessary, West Virginia Supreme Court justices will no longer deliver unsigned opinions.”
“Ruth Bader Ginsburg on the Worst Supreme Court Ruling”: Juliet Lapidos has this post today at the “Taking Note” blog of The New York Times.
“Matters of Privacy”: In the Talk of the Town section of the October 6, 2014 issue of The New Yorker, Margaret Talbot has a Comment that begins, “In most of its details, the domestic-violence case of Mark Fuller was not all that unusual.”
“The Supreme Court’s Marriage Choice”: Richard Socarides has this post online today at The New Yorker.
And online at Slate, law professors Susannah W. Pollvogt and Catherine E. Smith have an essay titled “The Smartest Constitutional Argument for Marriage Equality That No One Is Making.”
