How Appealing



Sunday, September 28, 2014

“Supreme Ambitions: A Novel by David Lat.” Marcia Oddi has this post mentioning “How Appealing” today at “The Indiana Law Blog.”

Posted at 9:14 PM by Howard Bashman



“Prop 122 would allow state to curb perceived federal overreach”: Howard Fischer of The East Valley (Ariz.) Tribune has this report.

Posted at 7:54 PM by Howard Bashman



“Law school dean to the Supreme Court: This love affair is over.” Robert Barnes will have this article in Monday’s edition of The Washington Post.

Posted at 7:45 PM by Howard Bashman



“Is the Supreme Court Ready to Settle the Gay Marriage Battle?” Miranda Leitsinger of NBC News has this report.

In today’s edition of The Oklahoman, Chris Casteel has an article headlined “Same-sex marriage in Oklahoma: Really soon, next summer or never? U.S. Supreme Court justices are scheduled to meet Monday to discuss whether to review Oklahoma’s same-sex marriage case or cases from other states.”

And in today’s edition of The Deseret News, columnist Drew Clark has an essay titled “Either view of marriage debate should support Utah’s high court case.”

Posted at 8:56 AM by Howard Bashman



“Wilton’s Verrilli in running for nation’s top prosecutor”: This article appears in today’s edition of The Connecticut Post of Bridgeport.

At 3 p.m. eastern time Monday, I will post readers’ predictions for who will become the next Solicitor General of the United States if that happens.

Those wishing to offer their best guess(es) for publication at this blog can email me at appellateblog@hotmail.com. I will not publish the name or otherwise describe or identify anyone who chooses to respond. And for those who prefer that competitions have rules, the one rule of this competition is that you can’t nominate yourself.

Posted at 8:50 AM by Howard Bashman



“You Want to Go Out With Your Colt. Will America Let You?” Joel Rosenblatt of Bloomberg News has an article that begins, “Millions more Americans will have the right to drive and walk around U.S. cities with hidden, loaded guns if freelance videographer Edward Peruta wins his fight to carry one on assignment.”

Posted at 8:44 AM by Howard Bashman



“Are any judges on sexy email list? Pa. Supreme Court chief justice wants to know.” The Associated Press has a report that begins, “The chief justice of the Pennsylvania Supreme Court has asked for the names of any judges involved in the exchange of hundreds of emails containing pornography that the state attorney general’s office said were sent or received by numerous state officials and employees.”

And today’s edition of The Philadelphia Inquirer contains an article headlined “Complex story behind Kane’s release of pornographic e-mails.”

My most recent earlier coverage appears at this link.

Posted at 8:30 AM by Howard Bashman



“Supreme Court justices to discuss conviction of ‘shock jock’ Hal Turner”: NJ.com has an article that begins, “The U.S. Supreme Court justices on Monday will discuss whether or not to consider overturning the conviction of a North Bergen ‘shock jock’ who allegedly threatened to kill three federal judges in 2009.”

Posted at 8:20 AM by Howard Bashman



“L.A. wants court to revive law allowing motel guest registry searches”: David G. Savage has this article in today’s edition of The Los Angeles Times.

Posted at 8:10 AM by Howard Bashman



Saturday, September 27, 2014

“Abortion, judicial issues attracting campaign contributors”: This article will appear in Sunday’s edition of The Knoxville News Sentinel.

Posted at 11:30 PM by Howard Bashman



“The Supreme Court is a life sentence for Ruth Bader Ginsburg; After 21 years, she might like to retire, but that would probably let in a right-winger, so she feels she can’t”: Rupert Cornwell has this essay online at The Independent (UK).

Posted at 11:27 PM by Howard Bashman



“Utah gay marriage case first in line at Supreme Court”: Dennis Romboy will have this article in Sunday’s edition of The Deseret News.

Posted at 9:12 PM by Howard Bashman



“Candidate’s essay spurred ‘intelligent design’ debate”: In today’s edition of The Great Falls Tribune, John S. Adams has an article that begins, “Former Montana solicitor general and current Montana Supreme Court candidate Lawrence VanDyke in 2004 wrote a book review in the Harvard Law Review that caused a stir among legal scholars and intelligent design advocates.”

The article also contains numerous mentions of law professor Brian Leiter, who was once prompted by a New York Times article to ask the burning question “Howard Bashman, Nonpartisan?

Update: Finding the book review essay from the January 2004 issue of the Harvard Law Review online is not easy, although much if not all of the essay can be accessed via the Internet Archive’s Wayback Machine.

In April 2004, The Harvard Law Record reported on the dust-up between VanDyke and Leiter in an article headlined “Law Review book note attacked.”

Posted at 1:45 PM by Howard Bashman



“Passports and foreign affairs”: Today at the “Congress Blog” of The Hill, Stephen Krueger has a post that begins, “Part of the appellate question, before the United States Supreme Court in Zivotofsky v. Kerry, is whether the notation, in a United States passport, of ‘Israel’ as the place of birth of a citizen who was born in Jerusalem, ‘impermissibly infringes on the President’s exercise of the recognition power reposing exclusively in him.'”

Posted at 1:23 PM by Howard Bashman



“Let states, not courts, decide marriage policy”: Edwin Meese III and Ryan T. Anderson have this op-ed online at The Washington Post.

Posted at 1:20 PM by Howard Bashman



“Corbett, Castille press for names, details on porn e-mails”: In today’s edition of The Philadelphia Inquirer, Craig R. McCoy and Angela Couloumbis have a front page article that begins, “Gov. Corbett and the chief justice of the Pennsylvania Supreme Court have asked state Attorney General Kathleen G. Kane to turn over more names and details about the sexually explicit e-mails shared over state-owned computers by prominent commonwealth officials.”

According to the article, “In an interview Friday, Chief Justice Ronald D. Castille, leader of the seven-member high court, said any judge exchanging ‘grossly pornographic’ e-mails might have violated ethical rules that forbid judges from using court equipment for all but minimal personal matters.”

And in other coverage, Steve Esack has an article headlined “Corbett, Chief Justice want Kane to turn over sexually explicit emails uncovered in Jerry Sandusky review” in today’s edition of The Morning Call of Allentown, Pennsylvania.

Posted at 1:16 PM by Howard Bashman



“Navajo language fluency is a ‘reasonable’ requirement for president, tribal Supreme Court says; Grievance sent back to lower court; Chris Deschene’s candidacy could be in jeopardy”: This front page article appears in today’s edition of The Daily Times of Farmington, New Mexico.

The Associated Press reports that “Navajo high court weighs case on language fluency.”

And in related coverage, today’s edition of The New York Times contains an article headlined “Presidential Candidate in Navajo Nation Protests a Language Requirement.”

Those interested in Native American-related legal developments should regularly visit the “Turtle Talk” blog, an outstanding resource that describes itself as the “Indigenous Law and Policy Center Blog Michigan State University College of Law.”

Update: Thanks to a reader who helpfully supplied the link, you can access yesterday’s order of remand of the Supreme Court of the Navajo Nation at this link.

Posted at 11:28 AM by Howard Bashman



“Montana Supreme Court hears arguments in punitive damages cap case”: This article appears in today’s edition of The Bozeman Daily Chronicle.

Posted at 10:44 AM by Howard Bashman



“Supreme Court prepares for another round of same-sex marriage arguments”: Michael Doyle of McClatchy Washington Bureau has this report.

Posted at 10:36 AM by Howard Bashman



“Committee to Handle Courts’ Investigation of Alabama Judge”: Alyson M. Palmer of the Daily Report of Fulton County, Georgia has an article that begins, “A committee has been appointed to handle the federal courts’ investigation of an Alabama federal judge facing calls for his resignation over domestic violence allegations, according to the judge’s lawyer.”

You can freely access the full text of the article via Google News.

Posted at 9:44 AM by Howard Bashman



“Administration to Back Same-Sex Marriage at Supreme Court: Holder.” Pete Williams of NBC News has this report (with video).

Posted at 9:37 AM by Howard Bashman



Friday, September 26, 2014

Dan Packel of Law360.com reports on two of my cases today: Dan’s first article is headlined “Pa. Superior Court Won’t Rehear $10M Motrin Verdict” (subscription required for full access). My most recent earlier coverage of this case, in which I serve as appellate counsel for plaintiffs, can be accessed here.

And Dan’s second article is titled “Preemption Trend Favors Pharma In Generic Reglan Fight” (subscription required for full access). My most recent coverage of this case, in which I serve as appellate counsel for plaintiffs, can be accessed here.

Posted at 9:35 PM by Howard Bashman