How Appealing



Thursday, April 9, 2015

“50 years of privacy since Griswold: Gertner, Suk and Tribe discuss landmark case.” Harvard Law Today posted this article online last week.

Posted at 10:08 PM by Howard Bashman



“5 running for Pa.’s top court agree: Judicial races cost too much.” This article appears in today’s edition of The Philadelphia Inquirer.

Posted at 9:10 PM by Howard Bashman



“Roberts at 10: John Roberts and LGBT Rights — The Jury is Still Out.” Today, the Constitutional Accountability Center posted online this report written by Judith E. Schaeffer.

Posted at 8:53 PM by Howard Bashman



“11th Circuit to hear class cert challenge from moldy washer defendant”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 5:22 PM by Howard Bashman



“Spring 2015 Friends Lecture Luncheon — An Afternoon with U.S. Supreme Court Justice Sonia Sotomayor”: The New York Public Library hosted this event today, and you can view the video of the event via this link.

Posted at 5:10 PM by Howard Bashman



“South Carolina to SCOTUS: We Can Discriminate Against Women, So Why Not Gays?” Mark Joseph Stern has this essay online at Slate.

Posted at 1:44 PM by Howard Bashman



“Marriage Rights Won’t Save Gays From Being Fired in Most States; As the Supreme Court prepares to hear arguments on same-sex marriage, a cloud hovers in more than half the states”: Greg Stohr of Bloomberg News has this report.

Posted at 1:42 PM by Howard Bashman



“Constitution Check: Did the Supreme Court give corporations a religious soul?” Lyle Denniston had this post Tuesday at the “Constitution Daily” blog of the National Constitution Center.

Posted at 9:58 AM by Howard Bashman



“Wal-Mart’s right to sell guns at risk in lawsuit; Church that owns 3,500 shares objected”: Kellan Howell of The Washington Times recently had this preview of an appeal argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.

And in coverage of yesterday’s oral argument, Saranac Hale Spencer of The Legal Intelligencer reports that “Quick Turnaround Expected for Third Circuit Wal-Mart Gun Case.” You can freely access the full text of the article via Google.

The Third Circuit has posted online at this link (28 MB mp3 audio file) the audio of yesterday’s oral argument. Theodore J. Boutrous Jr. argued the appeal for Wal-Mart.

Posted at 9:52 AM by Howard Bashman



“The Man Who Will Argue For Marriage Recognition At The Supreme Court: Doug Hallward-Driemeier is one of two lawyers representing same-sex couples at the Supreme Court later this month.” Chris Geidner of BuzzFeed News has this report.

Posted at 8:15 AM by Howard Bashman



“Rules Committee to Recommend Putting Maryland Unreported Opinions Online, But Expanding Restrictions on Use of Other Unreported Decisions”: Michael Wein has this post at the “Maryland Appellate Blog.”

Posted at 8:14 AM by Howard Bashman



Wednesday, April 8, 2015

“Abrahamson sues to keep her job for four more years”:
Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, “A day after voters approved changing the state constitution to allow members of the Wisconsin Supreme Court to elect their leader, Chief Justice Shirley Abrahamson on Wednesday sued the six other members of the court to hold onto her job.”

And The Associated Press reports that “Chief Justice Shirley Abrahamson sues over amendment approved by voters.”

You can access at this link the complaint initiating suit, filed today in the U.S. District Court for the Western District of Wisconsin.

Posted at 11:52 PM by Howard Bashman



“9th Tackles Duty to Warn in Model Mayhem Rape Case”: Katherine Proctor of Courthouse News Service has a report that begins, “The 9th Circuit heard from both sides Wednesday in a case alleging liability of the Model Mayhem website after two of its users drugged and raped a woman by luring her to a bogus casting call.”

The appeal was argued today on panel rehearing before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. You can view the oral argument video at this link.

My earlier coverage of the case appears here, here, and here.

Posted at 11:44 PM by Howard Bashman



“Court questions Google on patent values in Microsoft case”: Dan Levine of Reuters has this report.

You can view at this link the video of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Kathleen M. Sullivan argued the appeal for Google, while Carter G. Phillips argued for Microsoft.

And in today’s installment of “Who are these irresponsible and unconstrained lawyers inflicting unnecessarily long briefs on the federal appellate courts?” — Sullivan’s Brief for Appellants contained 13,786 words, Phillips’s Brief for Appellee contained 13,976 words, and Sullivan’s Reply Brief for Appellants contained 6,854 words. Each of these briefs, filed by two of the most highly regarded appellate advocates in private practice, is considerably in excess of the new word limits now under consideration for the Federal Rules of Appellate Procedure. Earlier installments in this series can be accessed here, here, and here.

Posted at 11:05 PM by Howard Bashman



“Legal Conflicts on Medical Marijuana Enter a New Phase”: Erik Eckholm will have this article in Thursday’s edition of The New York Times.

Posted at 4:58 PM by Howard Bashman



“Tsarnaev guilty of Marathon bombings”: Milton J. Valencia, Patricia Wen, Kevin Cullen, John R. Ellement, and Martin Finucane of The Boston Globe have this news update.

Laurel J. Sweet, Jack Encarnacao, and Lindsay Kalter of The Boston Herald have a news update headlined “Dzhokhar Tsarnaev convicted on all charges in Boston Marathon bombing trial.” In addition, Laurel J. Sweet reports that “Death penalty win seen as tough sell in Tsarnaev case.”

And Katharine Q. Seelye of The New York Times has a news update headlined “Dzhokhar Tsarnaev Is Guilty in Boston Marathon Bombing Trial.”

Posted at 4:56 PM by Howard Bashman



“Michigan Firm Splits With Partner Who Will Argue For Gay Marriage Ban”: Katelyn Polantz of The National Law Journal has an article that begins, “The private-practice lawyer who will defend Michigan’s ban on same-sex marriage before the U.S. Supreme Court had to leave his law firm temporarily to take the case. And the firm, Warner Norcross & Judd, has distanced itself from its colleague John Bursch and from the state’s case against same-sex couples.”

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

Posted at 3:54 PM by Howard Bashman