How Appealing



Saturday, December 13, 2014

“Justices to Decide if a Ban on Life Terms for Juveniles Applies Retroactively”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court will hear case involving life sentences without parole for juveniles.”

And David G. Savage of The Los Angeles Times reports that “High court to decide whether young murder convicts can seek freedom.”

Posted at 9:24 AM by Howard Bashman



Friday, December 12, 2014

“Former Bush lawyer: U.S. did not consider cumulative effects of ‘enhanced interrogation.'” Dan Lamothe has this entry today at the “Checkpoint” blog of The Washington Post.

Posted at 10:02 PM by Howard Bashman



“DOJ to SCOTUS: Bankruptcy lawyers can bill for defending their fees.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 8:09 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court today granted review in four new cases.

In early news coverage, The Associated Press reports that “Justices to review sentences for young convicts” and “Court will hear dispute over Spider-Man toy.”

Greg Stohr of Bloomberg News reports that “Life Sentences for Young Murderers Revisited by U.S. High Court” and “Spider-Man Case at Top Court May Topple Decades-Old Patent Rule.”

Lawrence Hurley of Reuters reports that “U.S. justices to hear Louisiana inmate’s appeal over sentence” and “U.S. Supreme Court to hear dispute over Spider-Man toy royalties.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court to look again at juvenile life sentences.”

Posted at 2:43 PM by Howard Bashman



“Illegal Cell Phone Search Invalidates Child Porn Discovery”: Pamela A. MacLean had this post yesterday at her “Trial Insider” blog.

Tim Hull of Courthouse News Service reports that “Child-Porn Plea Rested on Illegal Border Search.”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “Cell phones exempt from the automobile search exception, Ninth Circuit rules.”

You can access yesterday’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 1:32 PM by Howard Bashman



“This week, Ruth Bader Ginsburg, who had delivered the toast to [The New Republic] on its hundredth anniversary, sent a private note to one of the departing editors telling him that she had cancelled her subscription.” So concludes a post titled “Inside the Collapse of The New Republic” that Ryan Lizza has online today at The New Yorker.

Posted at 1:14 PM by Howard Bashman



“31-year-old associate at big law firm argues before the U.S. Supreme Court”: Eugene Volokh had this post yesterday at “The Volokh Conspiracy.”

Posted at 1:06 PM by Howard Bashman



“U.S. corporations winning fight over human rights lawsuits”: Lawrence Hurley of Reuters has a report that begins, “A landmark U.S. Supreme Court decision in 2013 that made it all but impossible to sue foreign companies in U.S. courts for alleged roles in overseas human rights abuses is proving to be a boon for U.S. firms too, court documents show.”

Posted at 12:05 PM by Howard Bashman



“When Judicial Activists Switched Sides: Deference to elected majorities was a Progressive ideal long before modern conservatives picked up the baton.” Damon Root has this article in the January 2015 issue of Reason magazine.

Posted at 11:56 AM by Howard Bashman



“Attorney Faces Rare Sanction from Nation’s Highest Court”: Jacob Gershman had this post yesterday at WSJ.com’s “Law Blog.”

And two days ago at his blog, Josh Blackman had a post titled “The Many Briefs of Sigram Schindler Beteiligungsgesellschaft mbH.”

This matter seems to exemplify a troublesome issue that litigators, and especially appellate litigators, must frequently confront — namely, clients that insist on dictating the contents, and sometimes even the specific language, of appellate court briefs.

Of course, clients control the goals of litigation, and on appeal that ordinarily includes deciding what issues should be raised, although the appellate attorney must stress the benefits of raising as few issues as possible and the serious detriment of pursuing weak issues.

Nevertheless, at the end of the day, clients who expect their attorney to file incomprehensible briefs drafted by the client or to otherwise compromise the attorney’s credibility before the court (to the likely detriment of that attorney’s other clients) need to be educated by the attorney that those are not permissible client demands. And if the client is not willing to refrain from making improper demands on the attorney, then ultimately it is the attorney’s obligation to resign from the representation.

Posted at 11:35 AM by Howard Bashman



Thursday, December 11, 2014

“Appeals Court Will Hear About Hollywood Ageism and Dead Lawyers; A date is set for a showdown that attorneys for actress Huong Hoang say ‘presents a clash between the culture of Hollywood . . . and the culture of internet companies'”: Eriq Gardner has this post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.

Posted at 9:33 PM by Howard Bashman



“Police don’t need warrants to search cellphones in arrests, top court rules”: Sean Fine of The Toronto Globe and Mail has this news update.

The Toronto Star has a news update headlined “Supreme Court allows police to search cellphones without warrants; The ruling is narrowly split; The assenters laid out conditions for search, but lifted emergency circumstances as a precondition; The dissenters vocally opposed it as a violation of privacy.”

And The Associated Press has a report headlined “Canada court: police can search a suspect’s phone.”

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

Posted at 3:35 PM by Howard Bashman



“Elegy for a Hero of Religious Freedom: Al Smith’s stand against the power of the state eventually led to new laws protecting an ancient Indian faith.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 2:58 PM by Howard Bashman



“Supreme Court to hear appeal in Khadr case”: Sean Fine of The Toronto Globe and Mail has a news update that begins, “The Supreme Court will hear the federal government’s appeal of a ruling that would bring Omar Khadr, a convicted Canadian terrorist now held in an Alberta prison, a step closer to freedom.”

Posted at 12:12 PM by Howard Bashman



“Appeals Court Deals a Setback to U.S. Crackdown on Insider Trading”: Ben Protess and Matthew Goldstein have this front page article in today’s edition of The New York Times.

In today’s edition of The Wall Street Journal, Christopher M. Matthews has an article headlined “Court Overturns Insider-Trading Convictions, a Blow to Justice Department; Judges Narrow Definition of Insider Trading, Say Prosecutors Took Too Broad a View in Wall Street Crackdown.” You can freely access the full text of the article via Google.

The New York Daily News reports that “U.S. Court of Appeals overturns convictions of two hedge-funders accused of insider trading in Dell, Nvidia stock.”

The New York Post has an article headlined “It’s not insider trading if you have a middleman: court ruling.”

USA Today has articles headlined “Court overturns 2 insider trading convictions” and “Insider trading ruling restricts prosecutions.”

Bloomberg News reports that “Insider Trading Prosecutions Just Got Harder as Court Raises Bar.”

Nate Raymond and Emily Flitter of Reuters report that “Insider trading cases face uphill path after convictions tossed.”

The Associated Press reports that “Appeals court deals blow to US in insider cases.”

And Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a report titled “Insider trading prosecutions were hollow at the core — 2nd Circuit.”

You can access yesterday’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 9:45 AM by Howard Bashman



“President’s nominees face do-or-die moment as Congress sets to adjourn”: Alexander Bolton of The Hill has this report today.

Posted at 9:28 AM by Howard Bashman



“Court upholds punitive damages in Asarco harassment case”: Howard Fischer of The Arizona Daily Star has this report on a unanimous en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

My post reporting on the original three-judge Ninth Circuit panel’s ruling in the case had as its title the opening sentence from the panel majority’s opinion, “We must decide whether the Constitution permits a six-figure punitive damage award in a sexual harassment suit where the jury awarded no compensatory damages and only one dollar in nominal damages.”

Posted at 9:25 AM by Howard Bashman



“Heavy Lifting: The Supreme Court and Rights for Pregnant Workers.” Linda Greenhouse has this essay online at The New York Times.

Posted at 8:55 AM by Howard Bashman



Wednesday, December 10, 2014

“Amicus: Rapper’s Intent — Dahlia Lithwick talks to a scholar about how courts have interpreted rap lyrics, and hears from the lawyer who argued this week’s pregnancy discrimination case Young v. UPS.” You can access episode seven of Slate’s “Amicus” podcast via this link.

Posted at 5:36 PM by Howard Bashman



“No Momentum for Reinstating Judicial Filibuster”: Ed Whelan has this post today at National Review Online’s “Bench Memos” blog.

Posted at 12:50 PM by Howard Bashman



“Constitution Check: Is the Court going to take the country back to the ‘Lochner era’?” Lyle Denniston had this post yesterday at the “Constitution Daily” blog of the National Constitution Center.

Posted at 12:46 PM by Howard Bashman