Programming note: Additional posts will appear here Saturday night.
Posted at 5:52 PM by Howard Bashman
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Friday, October 3, 2014
Programming note: Additional posts will appear here Saturday night. Posted at 5:52 PM by Howard Bashman“How to (allegedly) hide evidence, lie to opponents — and get away with it”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight today has a report that begins, “If you want to know why the American public has such a dim view of lawyers, you should read an opinion issued last month by the 3rd U.S. Circuit Court of Appeals in Williams v. BASF.” My earlier coverage of last month’s Third Circuit ruling in this case can be accessed here. And in other coverage of the ruling from last month, Bloomberg News reported that “BASF Must Face Asbestos Coverup Fraud Claims, Court Says.” And WSJ.com’s “Law Blog” reported that “Appeals Court Breathes New Life Into Fraud Case Involving BASF, Cahill Gordon.” Posted at 5:48 PM by Howard BashmanYou can follow “How Appealing” on Twitter: Tweets sent from the @howappealing Twitter feed announce the appearance of new posts here (now even faster than before) and also frequently include my retweets of the appellate-related tweets of others. Posted at 5:36 PM by Howard Bashman“Tough Texas abortion law may head to Supreme Court”: The Associated Press has this report. Posted at 5:30 PM by Howard BashmanIn Halbig v. Burwell, plaintiffs today filed their en banc Brief for Appellants: You can access the brief online at this link. The case is scheduled for oral argument before the en banc U.S. Court of Appeals for the D.C. Circuit on December 17, 2014. Update: Also today, the federal government filed its brief in opposition in the U.S. Supreme Court in the related case out of the Fourth Circuit captioned King v. Burwell. Posted at 5:24 PM by Howard BashmanIn papers of interest recently posted at SSRN: Gordon Silverstein and John I. Hanley have posted a paper titled “The Supreme Court and Public Opinion in Times of War and Crisis” (via “Legal Theory Blog“). And Corey Ciocchetti has posted a paper titled “Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications” (via “Legal Theory Blog“). Posted at 5:20 PM by Howard BashmanIn posts of interest today at “SCOTUSblog”: Lyle Denniston has a post titled “Fifth Circuit allows more limits on abortion in Texas.” My earlier coverage of yesterday’s Fifth Circuit decision appears at this link. And Rory Little has a post titled “Argument preview: How many brake lights need to be working on your car?” Posted at 3:56 PM by Howard BashmanOn today’s broadcast of “Here & Now” from WBUR Boston: Rick Hasen — author of the “Election Law Blog” — was interviewed in an audio segment titled “Supreme Court Rulings Will Shape Midterm Voting.” The broadcast also included an audio segment titled “Nina Totenberg Sings! (And Talks Supreme Court).” Posted at 3:50 PM by Howard Bashman“Judge orders release of Gitmo videotapes”: Pete Yost of The Associated Press has this report. Carol Rosenberg of The Miami Herald has a news update headlined “Judge orders release of Guantanamo force-feed videos.” And Josh Gerstein of Politico.com has a blog post titled “Judge orders public release of Guantanamo force-feeding videos.” You can access today’s ruling of the U.S. District Court for the District of Columbia at this link. Posted at 3:38 PM by Howard Bashman“Supreme Court’s Website Makeover Debuts Monday”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.” You can freely access the full text of the post via Google. Posted at 1:38 PM by Howard Bashman“Heads start to roll, as porn emails from Corbett’s guys spill forth”: This article appears in today’s edition of The Philadelphia Daily News. The Daily Mail (UK) reports that “Emails reveal Pennsylvania Supreme Court Justice was ‘sending porn to an employee of the State Attorney General’s office’ as governor faces a widening scandal.” And today at “Above the Law,” Staci Zaretsky has a post titled “Supreme Court Justice Involved In ‘Porngate’ Scandal.” Posted at 1:32 PM by Howard Bashman“Bonidy v. United States: The Second Amendment at the post office.” David Kopel has this lengthy post at “The Volokh Conspiracy.” Posted at 1:16 PM by Howard Bashman“Even though the Supreme Court struck down DOMA, it’s still hurting gays every day; Ruth Bader Ginsburg is wrong about something”: Stacey Schuett has this essay online today at The Washington Post. Posted at 1:09 PM by Howard BashmanSeventh Circuit Judge Frank H. Easterbrook criticizes the proposal to reduce the word limit for principal appellate briefs from 14,000 words to 12,500 words: You can access Judge Easterbrook’s very interesting comment at this link. He is the second federal appellate judge to submit a public comment on the subject. And he also seeks to correct the record concerning the origin of the current 14,000-word limit. Here’s hoping that more federal appellate judges contribute their views soon. Judge Easterbrook’s comment concludes, “Changing to a system in which the old 50-page-printed-brief rule converts to 15,000 words in the Supreme Court, and 12,500 words in the court of appeals, would create an unjustified difference.” You can view all the comments received thus far via this link. Posted at 12:57 PM by Howard BashmanShould the Federal National Mortgage Association (“Fannie Mae”) be treated the same as the American National Red Cross when it comes to removal of cases from state to federal court? Yesterday, a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this interesting decision. The majority answered “yes,” while Senior U.S. District Judge Sidney H. Stein (S.D.N.Y.) sitting by designation dissented. Posted at 12:06 PM by Howard Bashman“Young legal stars spend heady year at high court”: Mark Sherman of The Associated Press has a report that begins “The 24 men and 12 women spending a year as clerks to Supreme Court justices are young stars of the legal world.” Posted at 11:56 AM by Howard Bashman“[T]he district court erred in permitting the introduction of a Russian social media page that the government told the jury was created by Zhyltsou, without satisfying the authentication requirement of [Fed. R. Evid.] 901.” The improper introduction of a web page from something described as the Russian equivalent of Facebook caused the U.S. Court of Appeals for the Second Circuit today to vacate a criminal conviction and remand for a new trial. Posted at 11:54 AM by Howard Bashman“Justice John Paul Stevens Speaks to Georgetown 1Ls”: Georgetown Law issued this news release yesterday. You can view the video of the event online, on-demand at this link. In addition, C-SPAN is scheduled to broadcast the video of the event at 10 p.m. eastern time today. Posted at 11:28 AM by Howard Bashman“Two little known statutes may make religious belief superior to the law of the land”: Law professor Jeffrey Shulman has this post today at the “Constitution Daily” blog of the National Constitution Center. Posted at 11:16 AM by Howard BashmanFifth Circuit Judge Gregg J. Costa has issued his first signed published opinion: You can access the opinion, issued yesterday, at this link. The opinion is signed “Gregg Costa, Circuit Judge.” Correction: Yesterday’s opinion was Judge Costa’s second signed opinion. The first issued on September 11, 2014, when my attention must have been directed elsewhere. Posted at 10:55 AM by Howard Bashman“A look at what’s next on same-sex marriage”: Lyle Denniston has this post at “SCOTUSblog.” Posted at 10:22 AM by Howard Bashman“A lamentation on useless reports federal judges are required to submit to Congress”: Senior U.S. District Judge Richard G. Kopf has this post today at his “Hercules and the Umpire” blog. Posted at 10:17 AM by Howard Bashman“The Wire in the (Fourth) Circuit: Civil Rights Claims Proceed Against Police Who Inspired David Simon Characters.” Jonathan Biran has this post today at the “Maryland Appellate Blog.” Posted at 10:15 AM by Howard Bashman“What’s Happened So Far in Election Litigation This Week?” Rick Hasen has this post at his “Election Law Blog.” Posted at 10:08 AM by Howard Bashman“Criminal Appeals Court Judge Files Suit Over Voter ID”: Terri Langford of The Texas Tribune has an article that begins, “While a federal judge in Corpus Christi mulls whether the state’s requirement to show photo ID to cast a ballot violates the federal Voting Rights Act, a judge on the highest criminal appeals court in Texas is taking another approach: He’s suing the state over its relatively new voter ID law.” Posted at 9:10 AM by Howard Bashman“Meet two activists who brought sweeping change to the gay rights movement”: This article will appear in this Sunday’s edition of The Washington Post magazine. Posted at 9:07 AM by Howard Bashman“10 U.S. Supreme Court Cases That Matter for State and Local Governments; The U.S. Supreme Court will hear cases this term related to religious freedom in state prisons, taxes on railway carriers, traffic stops and more”: Governing.com has this report today. Posted at 9:00 AM by Howard Bashman“Welcome Back, SCOTUS: 3 Supreme Court Cases to Watch in October 2014; The high court prepares to tackle aggressive police tactics, religious liberty for prisoners, and occupational licensing abuse.” Damon Root has this post at Reason.com. Posted at 8:56 AM by Howard Bashman“Porn email scandal grips Pennsylvania Capitol”: The Associated Press has this report. And Dan Packel of Law360.com reports that “Porn Email Claims Could Trigger Discipline For Pa. Justice” (subscription required for full access). Posted at 8:52 AM by Howard Bashman“Gay marriage aside, business cases dominate U.S. high court docket”: Lawrence Hurley of Reuters has this report today. And in related coverage, Roger Parloff of Fortune reports that “Supreme Court term to open with quirky business docket.” Posted at 8:46 AM by Howard Bashman |
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