How Appealing



Wednesday, January 28, 2015

“America Hates Terrorists — But we don’t execute them: A short history.” Eli Hager has this article online at The Marshall Project.

Posted at 10:04 PM by Howard Bashman



“If you think you don’t belong, you’re wrong. U.S. Supreme Court Justice Sonia Sotomayor on Wednesday geared the lesson at Latino students and others in a crowd of 6,000 at the University of Utah.” So begins an article available online from The Salt Lake Tribune.

Posted at 5:14 PM by Howard Bashman



“Holt v. Hobbs: Does a Muslim Prisoner’s Case Foreshadow the End of Affirmative Action?” Dawinder Sidhu has this post today at the “Religion & Politics” blog of the John C. Danforth Center on Religion & Politics of Washington University in St. Louis.

Posted at 5:10 PM by Howard Bashman



“Pennsylvania Bar Association Judicial Evaluation Commission Releases 2015 Judicial Ratings”: You can view both the ratings and the appellate court candidates’ completed questionnaires via this link.

Posted at 3:38 PM by Howard Bashman



“Supreme Court case on key Obamacare provision takes up this senator’s account”: Robert Barnes of The Washington Post has this report.

Posted at 3:11 PM by Howard Bashman



“Judge Can’t Be Trusted With This Man’s Life; In 2002, a prosecutor defended the death sentence for a murderer; Now he’s a federal judge and refuses to recuse himself in the same case”: Andrew Cohen has this essay online today at The Daily Beast about Tenth Circuit Judge Jerome A. Holmes.

Posted at 3:07 PM by Howard Bashman



“Appeals Court Rules News Orgs Don’t Have to Remove Stories When Criminal Records Are Expunged; A woman sued media organizations for libel, but there’s no ‘right to be forgotten’ in the United States”: Eriq Gardner has this post at the “Hollywood, Esq.” blog of The Hollywood Reporter.

And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Statute allowing ‘erasure’ of arrest records doesn’t require newspapers to erase news stories.”

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

Posted at 1:27 PM by Howard Bashman



“Case Western Reserve University continues effort to revoke a doctor’s degree in federal appeals court”: Karen Farkas had this article in June 2014 in The Cleveland Plain Dealer.

The university has prevailed in a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today. Circuit Judge Jeffrey S. Sutton delivered the opinion on behalf of a unanimous three-judge panel.

Earlier in June 2014, The Plain Dealer published an article headlined “CWRU blocks graduation from med school over ‘professionalism’ issues; judge orders degree be awarded” reporting on the ruling of the U.S. District Court for the Northern District of Ohio granting a permanent injunction.

In other coverage of the district court’s ruling, The Observer — the student newspaper of Case Western Reserve University — published an article headlined “Court rules against CWRU in medical student case.”

And at the “Minding the Campus” blog, KC Johnson had a post titled “Can Colleges Punish Students for Off-Campus, Non-Criminal Behavior?

Posted at 1:09 PM by Howard Bashman



“Wolf to fill Supreme Court vacancies, urges passage of non-discrimination bill”: The “Commonwealth Confidential” blog of The Philadelphia Inquirer has this post today.

Posted at 11:05 AM by Howard Bashman



“Ballot Talks: The state of Pennsylvania’s judiciary.” You can access the audio of last Wednesday’s broadcast of WHYY-FM’s “Radio Times with Marty Moss-Coane” at this link.

Posted at 11:02 AM by Howard Bashman



“Jurors’ names ruled public record, SJC says; Top state court says ID’s must be included in criminal case files”: This article appears in today’s edition of The Boston Globe.

The Republican of Springfield, Massachusetts has an article headlined “SJC ruling: Names of jurors must be made public in Massachusetts criminal trials.”

And The MetroWest Daily News reports that “Middlesex judge incorrectly withheld juror names in Wayland murder.”

You can access yesterday’s ruling of the Supreme Judicial Court of Massachusetts at this link.

Posted at 10:25 AM by Howard Bashman



“Hamm Ex-Wife Says Cashing Alimony Check Doesn’t End Appeal”: Margaret Cronin Fisk of Bloomberg News has an article that begins, “The ex-wife of Continental Resources Inc.’s Harold Hamm told Oklahoma’s highest court that her divorce appeal shouldn’t be blocked because she cashed an almost $1 billion alimony check.”

Posted at 8:25 AM by Howard Bashman



“A False History: The Rewriting of the Affordable Care Act by the Challengers in King v. Burwell.” Eric Segall has this post today at “Dorf on Law.”

Posted at 8:04 AM by Howard Bashman



Tuesday, January 27, 2015

“Lawmaker asks would-be SC judges about ‘Supreme Being,’ gay marriage, equal pay for women”: The State of Columbia, South Carolina has this report.

Posted at 11:07 PM by Howard Bashman



“Tories to table life in prison without parole, shifting legal landscape”: Sean Fine of The Toronto Globe and Mail has this report.

Posted at 11:05 PM by Howard Bashman



“Marriage of Convenience”: Emily Bazelon will have this essay in the February 1, 2015 issue of The New York Times Magazine.

Posted at 10:28 PM by Howard Bashman



In the February 2015 issue of ABA Journal magazine: Steven Seidenberg has an article headlined “Business-method and software patents may go through the looking glass after Alice decision.”

David L. Hudson Jr. has an article headlined “3rd Circuit ruling upholds a lawyer’s right to post glowing judicial comments about his work.”

And Leslie A. Gordon has articles headlined “Legal minds differ on whether The Bluebook is subject to copyright protection” and “New project rewrites SCOTUS opinions from a feminist perspective.”

Posted at 10:22 PM by Howard Bashman



Senior D.C. Circuit Judge Laurence H. Silberman lauds the proposal to reduce the word limit for principal appellate briefs from 14,000 words to 12,500 words: Judge Silberman is among the most enthusiastic supporters of the word limit reduction, as you can see from his recently posted comment, which you can access directly by clicking here.

Coincidentally, the current Chair of the Advisory Committee on Appellate Rules — which has proposed the word limit change — is Eighth Circuit Judge Steven M. Colloton, a former Silberman clerk.

The period for offering public comments on the pending proposed amendments to the Federal Rules of Appellate Procedure expires exactly three weeks from today, on Tuesday, February 17, 2015. You can comment online via this link.

Posted at 9:16 PM by Howard Bashman



“Does the Same-Sex Marriage Cert Grant Imperil the Affordable Care Act?” Michael Dorf had this post yesterday at his blog, “Dorf on Law.”

Posted at 8:27 PM by Howard Bashman



“Alabama Chief Justice Roy Moore says he will continue to recognize ban on same-sex marriage”: AL.com has this report. You can view today’s letter from Alabama’s Chief Justice to Alabama’s Governor at this link.

Brian Lyman of The Montgomery Advertiser has a news update headlined “Roy Moore denounces same-sex marriage ruling.”

Reuters reports that “Alabama Supreme Court chief justice encourages defiance on gay marriage ruling.”

And at his “Law News” blog, Lyle Denniston has a post titled “State judge sees ‘tyranny’ in same-sex marriage rulings.”

Posted at 7:30 PM by Howard Bashman



“Supreme Court refuses to halt execution of Ga. man”: The Associated Press has a report that begins, “The Supreme Court has refused to halt the execution of a Georgia man whose lawyers say he is ineligible to be executed because he is intellectually disabled.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court allows Georgia execution.”

You can view today’s order of the U.S. Supreme Court at this link.

Posted at 7:22 PM by Howard Bashman