How Appealing



Thursday, August 27, 2015

“‘Sister Wives’ family points to same-sex marriage cases in arguing against Utah polygamy ban”: “The Polygamy Blog” of The Salt Lake Tribune has a post that begins, “The family of Kody Brown on Wednesday answered Utah’s appeal to reinstate a ban on polygamy, and the family’s brief is notable for what’s there now that wasn’t before.”

You can access at this link the Brief of Appellees filed yesterday in the U.S. Court of Appeals for the Tenth Circuit.

Posted at 12:14 PM by Howard Bashman



“Doubting Jennifer Herndon: An appeals lawyer who has represented more than a half-dozen men put to death in Missouri faces questions about her competency.” Ken Armstrong of The Marshall Project has this report.

Posted at 10:44 AM by Howard Bashman



“Richard family’s stance would have influenced Tsarnaev juror”: Patricia Wen of The Boston Globe has an article that begins, “One of the 12 jurors who agreed to sentence Boston Marathon bomber Dzhokhar Tsarnaev to death said he ‘probably’ would have changed his mind if he had known that some victims opposed capital punishment in the case.”

The article reports on a WBUR-FM audio segment titled “‘Juror 83’ Is First Tsarnaev Juror To Speak About Trial Experience, Death Penalty Decision.”

Posted at 10:42 AM by Howard Bashman



“What’s next in N.J”s sports betting bid after court rejects plan?” NJ.com has this report. Earlier, NJ.com reported that “Federal appeals court rejects N.J.’s latest bid for legal sports betting.”

The Record of Hackensack, New Jersey reports that “Federal ban on N.J. sports betting upheld by appeals panel.”

Yesterday’s edition of The New York Times contained an article headlined “New Jersey’s Effort to Legalize Sports Betting Is Denied on Appeal.”

In yesterday’s edition of The Philadelphia Inquirer, Chris Mondics had an article headlined “Federal judges overturn N.J. sports betting law again.”

Bloomberg News reports that “Christie-Backed Betting Law in New Jersey Blocked by Court.”

Reuters reports that “U.S. appeals court rules against New Jersey sports betting law.”

And The Associated Press reports that “Federal ban on sports betting upheld by appeals panel.”

You can access Tuesday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link. Because a senior Third Circuit judge provided the decisive vote (Donald Trump’s sister, in fact), this case would appear to have a better than average chance at rehearing en banc.

Posted at 9:18 AM by Howard Bashman



Wednesday, August 26, 2015

“What’s the Difference? How Sandra Day O’Connor, Ruth Bader Ginsburg, and Sonia Sotomayor brought wisdom to the Supreme Court.” Linda Hirshman has this jurisprudence essay online today at Slate.

Posted at 3:09 PM by Howard Bashman



“Jeb Bush distances himself from brother, father on judicial nominations”: David Sherfinski of The Washington Times has this report.

Posted at 1:30 PM by Howard Bashman



Tuesday, August 25, 2015

“Gay, straight couples say ‘I do’ to Justice Kennedy’s words”: Jessica Gresko of The Associated Press has this report.

Posted at 8:49 PM by Howard Bashman



“Is a ballot-booth selfie free speech, or a threat to the sanctity of the secret vote?” Robert Barnes had this article in yesterday’s edition of The Washington Post.

Posted at 8:42 PM by Howard Bashman



“Can the Supreme Court Force Congress to Own the War on ISIS? Judicial intervention may be the only way left to break the political impasse on authorizing Obama’s use of force.” Law professor Bruce Ackerman has this essay online today at The Atlantic.

Posted at 9:52 AM by Howard Bashman



“Abortion and Down Syndrome”: Today’s edition of The New York Times contains an editorial that begins, “It is tempting to dismiss the latest anti-choice salvo from Ohio lawmakers, which would criminalize abortions based on a fetal diagnosis of Down syndrome, as a blatantly unconstitutional ploy that would never be enforced.”

Posted at 9:48 AM by Howard Bashman



“Too Many Law Students, Too Few Legal Jobs”: Steven J. Harper has this op-ed in today’s edition of The New York Times.

Posted at 9:45 AM by Howard Bashman



Monday, August 24, 2015

“Appeals Court Affirms FTC Authority Over Corporate Data-Security Practices; Challenge by Wyndham has been seen as a test of the commission’s powers”: Brent Kendall of The Wall Street Journal has this report.

Jonathan Stempel of Reuters has a report headlined “FTC has power to police cyber security: appeals court.”

Bloomberg News reports that “Wyndham Must Face Hacker Suit as Court Upholds FTC Power.”

Megan Geuss of Ars Technica reports that “FTC can sue companies with poor information security, appeals court says; Court says Wyndham hotels practices could be considered ‘unfair’ and ‘deceptive.’

And Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a report headlined “Thanks to 3rd Circuit, companies are accountable for lax cybersecurity.”

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

Posted at 10:48 PM by Howard Bashman



“Selfies in Voting Booths Raise Legal Questions on Speech and Secrecy”: Erik Eckholm will have this article in Tuesday’s edition of The New York Times.

Posted at 10:26 PM by Howard Bashman



Sunday, August 23, 2015

Programming note: I will be visiting Atlanta, Georgia for the next several days. As a result, posts will appear on a more relaxed schedule during that period. Regular posting will resume on Wednesday morning.

As is often the case when I am on the road, more frequent updates may appear on this blog’s Twitter feed.

Posted at 7:50 AM by Howard Bashman



Saturday, August 22, 2015

“Chris Christie makes a Supreme Court promise”: CBS News has a report that begins, “New Jersey Gov. Chris Christie on Thursday pledged that if elected president, his first Supreme Court nominee would not be a Harvard Law or Yale Law School graduate.”

Posted at 11:33 PM by Howard Bashman



“Could Birthright Citizenship Be Undone? Touting constitutional amendments on the campaign trail is more likely to rally voters than to produce changes in the law.” Matt Ford has this article online at The Atlantic.

Posted at 1:18 PM by Howard Bashman



“The War That Congress Won’t Declare: What happens when the legislature refuses to discharge its constitutionally assigned responsibilities?” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 1:12 PM by Howard Bashman



“9th Circuit’s Mortgage Interest Deduction Decision Adds To Tax Code’s Marriage Penalty”: Paul Caron has this post today at his “TaxProf Blog.”

Posted at 1:02 PM by Howard Bashman