How Appealing



Thursday, February 26, 2015

“A Litmus Test for ObamaCare and the Rule of Law: The president has ignored the law’s plain language; Now the Supreme Court decides if that’s all right.” Ilya Shapiro and Josh Blackman will have this op-ed in Friday’s edition of The Wall Street Journal.

You can freely access the full text of the op-ed via Google.

Posted at 10:40 PM by Howard Bashman



“Justices on the stage: Why Americans are increasingly fascinated by their highest court.” David Rennie has this essay in the February 28, 2015 issue of The Economist magazine.

Posted at 9:14 PM by Howard Bashman



“Can life in prison be worse than death? Some Tsarnaev jurors think so.” Masha Gessen of The Washington Post has this report.

Posted at 8:55 PM by Howard Bashman



“2nd Circuit was right to curtail insider trading cases: profs’ amicus brief.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

One of the amicus briefs to which Frankel’s article links discloses that Reed Smith practices law at Cooley LLP. And, demonstrating that turnabout is fair play, a Google search discloses that Cooley practices law at Reed Smith LLP.

Posted at 8:50 PM by Howard Bashman



“Supreme Court Justice Talks Constitution, Structure Of Government During Fort Smith Visit”: The Times Record of Fort Smith, Arkansas has this news update.

Posted at 8:21 PM by Howard Bashman



The Missouri Law Review symposium issue celebrating the late Anthony Lewis and exploring the future of legal journalism is now available online: You can access the contents via this link.

The issue includes Adam Liptak’s keynote address and articles written by, among others, Lincoln Caplan (“Anthony Lewis: What He Learned at Harvard Law School“); Lyle Denniston (“Anthony Lewis: Pioneer in the Court’s Pressroom“); Linda Greenhouse (“The Rigorous Romantic: Anthony Lewis on the Supreme Court Beat“); Dahlia Lithwick (“Anthony Lewis“); Howard Mintz (“Legal Journalism Today: Change or Die“); Gene Policinski (“Setting the Docket: News Media Coverage of Our Courts — Past, Present and an Uncertain Future“); David A. Sellers (“As Today’s Tony Lewises Disappear, Courts Fill Void“); and former Missouri Chief Justice Michael A. Wolff (“Making Judge-Speak Clear Amidst the Babel of Lawspeakers“).

And for those who like to watch, you can access videos from the symposium — which occurred a little over one year ago — via this link.

Posted at 8:00 PM by Howard Bashman



“Roberts at 10: Turning Back the Clock on Protections for Racial Equality.” David H. Gans has this issue brief online at the Constitutional Accountability Center.

Posted at 6:17 PM by Howard Bashman



“How a federal judge pushed Big Tobacco into $100 mln deal with smokers”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight yesterday had a report that begins, “In July 2013, a federal appeals court overseeing thousands of individual smokers’ suits against Philip Morris USA, R.J. Reynolds and Lorillard threw up its hands in defeat.”

Posted at 1:22 PM by Howard Bashman



“US Supreme Court says NC dental board can’t regulate teeth whitening”: The News & Observer of Raleigh, North Carolina has this report.

In today’s edition of The New York Times, Adam Liptak reports that “Justices Find Antitrust Law Valid Against Dental Board.” In addition, Vikas Bajaj has a “Taking Note” essay titled “A Plot to Keep Teeth Whitening Expensive.”

David G. Savage of The Los Angeles Times reports that “Supreme Court restricts state license schemes that limit competition.”

Richard Wolf of USA Today has an article headlined “Justices: Dentists can’t decide who whitens your teeth.”

Brent Kendall of The Wall Street Journal has an article headlined “Supreme Court Affirms FTC Antitrust Authority Over Licensing Boards; Decision protects power of regulators to scrutinize such professional panels.” You can freely access the full text of the article via Google.

Michael Doyle of McClatchy Washington Bureau has a blog post titled “Supreme Court says ‘open wide’ to North Carolina teeth-whitening business.”

Greg Stohr of Bloomberg News reports that “Professional Boards Opened to New Scrutiny by Top U.S. Court.”

Lawrence Hurley of Reuters reports that “U.S. top court says state dental board can’t regulate teeth whitening.”

And Nina Totenberg of NPR has a blog post titled “Dentists Have No Right To Limit Who Can Whiten Your Teeth, Justices Say.”

Posted at 8:16 AM by Howard Bashman



“Poster Child: How Terrance Williams became the face of the death penalty debate in Pennsylvania.” Andrew Cohen has this essay online today at The Marshall Project.

Posted at 8:06 AM by Howard Bashman



“Future of ‘mental anguish’ law at stake in federal court”: The Associated Press has a report that begins, “Mumia Abu-Jamal, who’s serving a life term for the 1981 murder of a Philadelphia police officer, is among the plaintiffs asking a federal judge to block a Pennsylvania law they say violates prisoners’ free-speech rights.”

Posted at 8:02 AM by Howard Bashman



Wednesday, February 25, 2015

“BP appeals U.S. judge’s ruling on size of Gulf oil spill”: Reuters has a report that begins, “BP Plc on Monday appealed a federal judge’s finding of the size of the 2010 Gulf of Mexico oil spill, which leaves the company potentially liable to pay $13.7 billion in fines.”

Posted at 10:32 AM by Howard Bashman



“Federal judge indicates he intends to allow eight released from prison in Amish beard-cutting case to remain free”: The Cleveland Plain Dealer has this report.

Posted at 10:30 AM by Howard Bashman



Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases.

1, Justice Ruth Bader Ginsburg announced the judgment of the Court and delivered an opinion, in which Chief Justice John G. Roberts, Jr. and Justices Stephen G. Breyer and Sonia Sotomayor joined, in Yates v. United States, No 13-7451. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. And Justice Elena Kagan issued a dissenting opinion, in which Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. You can access the oral argument via this link.

2. And Justice Kennedy delivered the opinion of the Court in North Carolina State Bd. of Dental Examiners v. FTC, No. 13-534. Justice Alito issued a dissenting opinion, in which Justices Scalia and Thomas joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined “Justices: Fisherman is off the hook in grouper-tossing case” and “Supreme Court drills dentists in teeth-bleaching dispute.”

Posted at 10:06 AM by Howard Bashman



“High Court Appears Ready to Allow Felon to Sell Gun Collection; Decision in the case, Henderson v. U.S., is expected before July”: Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Lawrence Hurley of Reuters reports that “Gun ownership rights appear to be moving target for U.S. justices.”

Sam Hananel of The Associated Press reports “High court weighs right of convicted felon to sell guns.”

And Stephanie Condon of CBSNews.com has a report headlined “The 25-year-olds shaping the Supreme Court docket.”

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Henderson v. United States, No. 13-1487.

Posted at 8:36 AM by Howard Bashman



“Supreme Court Receptive to Investors in 401(k) Case; Justices suggest appeals court was wrong in Edison suit”: Brent Kendall of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

David G. Savage of The Los Angeles Times reports that “Supreme Court poised to protect employees from high fees in 401(k) plans.”

Lawrence Hurley of Reuters reports that “U.S. justices signal support for plaintiffs in Edison 401(k) case.”

Greg Stohr of Bloomberg News reports that “U.S. High Court Hints at New Monitoring Rules for 401(k) Plans.”

And Mark Sherman of The Associated Press reports that “Justices signal support for investors in 401(k) lawsuits.”

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Tibble v. Edison Int’l, No. 13-550.

Posted at 8:26 AM by Howard Bashman



“Supreme Court to hear case of woman who wasn’t hired because of head scarf”: Robert Barnes has this article in today’s edition of The Washington Post.

Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court to hear Abercrombie headscarf case: What’s at stake?

The Guardian (UK) reports that “US supreme court hears Abercrombie & Fitch religious discrimination case.”

Mark Sherman of The Associated Press reports that “Justices weigh case of Muslim denied job over headscarf.”

Ariane de Vogue of CNN.com reports that “Supreme Court to hear religious freedom case.”

Paul Barrett of Bloomberg News reports that “This Supreme Court Case Unites Religions Against Abercrombie & Fitch; The retailer faces a religious-bias challenge for rejecting an applicant who wore a hijab.”

And at FiveThirtyEight, Oliver Roeder has a report headlined “Previewing The Supreme Court’s Abercrombie & Fitch Case.”

Posted at 8:15 AM by Howard Bashman



Tuesday, February 24, 2015

Ninth Circuit opts for more Model Mayhem: Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit granted panel rehearing in the case captioned Jane Doe No. 14 v. Internet Brands, Inc. dba Modelmayhem.com. You can access today’s order at this link.

In coverage of today’s order, Scott Graham of The Recorder reports that “Ninth Circuit Agrees to Revisit Ruling in Model Rape Case.” You can freely access the full text of the article via Google.

The very same three-judge Ninth Circuit panel issued its original, unanimous ruling in the case on September 17, 2014. My earlier coverage of that ruling appears here and here.

Writing at the “Technology & Marketing Law Blog,” Venkat Balasubramani discussed the Ninth Circuit’s original ruling in a post titled “9th Circuit Creates Problematic ‘Failure To Warn’ Exception to Section 230 Immunity — Doe 14 v. Internet Brands.”

Posted at 11:28 PM by Howard Bashman