How Appealing



Thursday, August 20, 2015

“Talking About the Death Penalty, Court to Court”: Linda Greenhouse has this essay online today at The New York Times.

Posted at 8:52 AM by Howard Bashman



Wednesday, August 19, 2015

Judge Posner and internet research: The U.S. Court of Appeals for the Seventh Circuit issued this ruling today in which all three judges on the panel wrote separately.

Circuit Judge Richard A. Posner wrote the majority opinion, which includes an appendix responding to the dissent.

Circuit Judge Ilana Diamond Rovner issued a concurring opinion that begins, “A disagreement about the outcome of this relatively simple case has morphed into a debate over the propriety of appellate courts supplementing the record with Internet research.”

And Circuit Judge David F. Hamilton issued an opinion concurring in part and dissenting in part. In dissenting, Judge Hamilton writes, “the reversal is unprecedented, clearly based on ‘evidence’ this appellate court has found by its own internet research.”

This ruling will no doubt rekindle the debate about the extent to which appellate courts can and should perform independent factual research in deciding an appeal.

Posted at 11:58 PM by Howard Bashman



“Ohio Intended To Illegally Import Execution Drugs, FDA Letter Says; An FDA document says Ohio intends to import the drug, citing ‘information received by the agency’; It’s illegal to import the drug”: Chris McDaniel of BuzzFeed News has this report.

And online at The News & Observer of Raleigh, North Carolina, Mark White and Gerald Kogan have an essay titled “On death penalty drugs, what does NC have to hide?

Posted at 11:40 AM by Howard Bashman



“Another Chance To Clean Up ‘Trial by Formula’ Class Actions”: Andrew M. Grossman has this post at the “Cato on Liberty” blog.

Posted at 11:36 AM by Howard Bashman



Tuesday, August 18, 2015

“Court restores activist Salvador Reza’s case vs. Russell Pearce; Former Arizona Senate President Russell Pearce violated the first amendment rights of immigration activist Salvador Reza by barring him from the Senate building in 2011”: Michael Kiefer of The Arizona Republic has this news update.

Howard Fischer of The Arizona Daily Star has a news update headlined “Court: Activist was unjustifiably banned from AZ Senate.”

And The Associated Press reports that “Court revives activist’s suit against ex-Arizona Senate president Russell Pearce.”

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

Posted at 8:32 PM by Howard Bashman



“U.S. court backs companies’ free speech over conflict minerals”: Reuters has a report that begins, “A U.S. appeals court declared on Tuesday that the Securities and Exchange Commission cannot force public companies to declare whether their products may contain ‘conflict minerals’ from a war-torn part of Africa because it violates their free speech.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 2:00 PM by Howard Bashman



“Confirming federal judges during the final two years of the Obama administration: Vacancies up, nominees down.” Russell Wheeler has this post today at the “FixGov” blog of the Brookings Institution.

Posted at 1:40 PM by Howard Bashman



“Q&A: Explaining ‘Birthright Citizenship'” Jess Bravin has this post today at WSJ.com’s “Washington Wire” blog.

Posted at 11:37 AM by Howard Bashman



“In surprise move, Senate Democrats adjourn special session”: Jim Nolan has this front page article in today’s edition of The Richmond Times-Dispatch.

According to the article, “The move, if it holds up to a parliamentary challenge by Republicans, will enable Gov. Terry McAuliffe to reappoint Supreme Court Justice Jane Marum Roush to another interim term when her current term expires in mid-September.”

Posted at 11:30 AM by Howard Bashman



Monday, August 17, 2015

“Teacher sues student over ‘smears’ that ‘their six-year affair started when she was still at school'”: The Daily Mail (UK) had this report back in March 2011.

Today, the Supreme Court of Pennsylvania, on certified question from the U.S. Court of Appeals for the Third Circuit, ruled 4-to-1 that the so-called “judicial privilege” does not apply to the former student’s statements under the circumstances of this case. Today’s ruling consists of a majority opinion, two concurring opinions (here and here) and a dissenting opinion.

Posted at 5:38 PM by Howard Bashman



“An Ex-Player at the Center of the N.F.L. Concussion Settlement Dispute”: Ken Belson has this article in today’s edition of The New York Times.

Posted at 2:38 PM by Howard Bashman



“Court’s Free-Speech Expansion Has Far-Reaching Consequences”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 1:24 PM by Howard Bashman



“Board dismisses ruling to allow college athletes to unionize”: The Associated Press has this report.

The New York Times reports that “N.L.R.B. Says Northwestern Football Players Cannot Unionize.”

The Chicago Tribune reports that “Northwestern football union petition dismissed by labor board.”

Reuters reports that “U.S. labor board dismisses Northwestern football players’ union bid.”

Bloomberg News reports that “Northwestern Football Players Cannot Form Union, NLRB Rules.”

And The Daily Northwestern reports that “NLRB declines to rule on Northwestern union, ending CAPA movement.”

You can access today’s unanimous ruling of the National Labor Relations Board at this link. And a related news release from the Office of Public Affairs of the NLRB can be accessed here.

Posted at 1:09 PM by Howard Bashman



“Supreme Court fight could define redistricting session”: Jim Nolan of The Richmond Times-Dispatch has an article that begins, “State lawmakers return to Richmond on Monday for a special session on congressional redistricting that might end up being defined by an equally partisan battle over who should sit on the state’s highest court.”

Posted at 9:02 AM by Howard Bashman



“Vestavia same-sex couple adoption OK’d before U.S. Supreme Court ruling”: Kent Faulk of The Birmingham News has this report.

Posted at 8:54 AM by Howard Bashman



“Connecticut Death Penalty Ruling Stirs Painful Memories of 3 Grisly Killings”: This article appeared in Saturday’s edition of The New York Times.

Posted at 8:47 AM by Howard Bashman



“Stevens looks forward to return to Superior Court”: The Standard Speaker of Hazleton, Pennsylvania has an article that begins, “Correale Stevens will rejoin the Pennsylvania Superior Court when his temporary term on the state’s Supreme Court concludes at the end of the year.”

Posted at 8:46 AM by Howard Bashman