“Finding the Appellate Style and Voice That Work Best for You”: This month’s installment of my “Upon Further Review” column appears in today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.
You can freely access the full text of the column via Google.
“Historic Kennebec County Courthouse in Augusta to host Maine Supreme Judicial Court again; In addition, a ceremonial opening is set for Sept. 18 in the adjoining Capital Judicial Center”: Today’s edition of The Kennebec Journal contains a front page article that begins, “When the Maine Supreme Judicial Court sits in session at the Kennebec County Courthouse later this month, it will really be coming home. The state supreme court first started there in 1830 and held regular sessions there until 1970, when it moved permanently to the Cumberland County Courthouse in Portland.”
“Is Southern California the New Deep South? Los Angeles County has sentenced more people to death than five Southern states combined.” Law professor Robert J. Smith has this jurisprudence essay online at Slate.
“Kentucky clerk to be released from jail”: The Associated Press has this report.
And Reuters reports that “Judge orders Kentucky clerk in gay marriage case released from jail.”
“Jennifer Jorgensen’s appeal of manslaughter conviction goes to New York’s highest court”: This article appears in today’s edition of Newsday. According to the article, “The state Court of Appeals will weigh the penal-law definitions of homicide and ‘person’ in trying to determine whether Jorgensen could be convicted of manslaughter in the death of a child who was injured in utero.”
Additional coverage is available from The Times Union of Albany, New York and The Associated Press.
“A Dialogue with Justices: A panel of Supreme Court Justices from the USA, Canada and Israel.” Hebrew University of Jerusalem has posted online at YouTube this video featuring a conversation among Justice Rosalie Silberman Abella of the Supreme Court of Canada; Justice Dorit Beinish, former president of the Supreme Court of Israel; and Justice Elena Kagan of Supreme Court of the United States.
The event took place last Wednesday, and the video was posted online on Sunday.
“Law school continues fight over minimum bar exam passage rate”: This article appears in today’s edition of The Los Angeles Times.
“NM Supreme Court to review assisted suicide case”: Emil J. Kiehne has this post today at his “New Mexico Appellate Law Blog.”
“Ted Cruz to Star in Government Shutdown, the Sequel; The presidential candidate plots another shutdown fight that could boost his prospects in the Republican primary”: Sahil Kapur of Bloomberg News has this report today.
“Is It Time to Tax Harvard’s Endowment? While state schools suffer and middle-class students drown in loans, elite universities are only getting richer.” Jordan Weissmann has this essay online at Slate.
“Ontario appeal court refutes judge’s hockey insights in assault case”: In last Wednesday’s edition of The Toronto Globe and Mail, Sean Fine had an article that begins, “It was the most Canadian of legal cases: a recreational hockey player charged with aggravated assault over an alleged bodycheck in a no-contact league. The players on each team giving biased views of what occurred in support of their teammate. And a trial judge who used her knowledge of hockey strategy to determine that what happened was not an accidental collision.”
You can access the ruling of the Court of Appeal of Ontario, issued two Mondays ago, at this link.
The ruling concludes:
Measured against the above principles, hockey strategy is not a proper subject for judicial notice. From the sports pages to social media, it is abundantly clear that reasonable Canadians often disagree about what constitutes a rational hockey strategy in a given situation. Nor is there any source of indisputable accuracy by which to settle these disagreements. Neither branch of the test for judicial notice is fulfilled.
To my knowledge, Seventh Circuit Judge Richard A. Posner has yet to offer his views on the ruling.
“Huckabee, Cruz plan to meet with jailed Kentucky clerk”: The Associated Press has a report that begins, “Two Republican presidential candidates planned jailhouse meetings Tuesday with Kentucky clerk Kim Davis, raising her conservative-hero status as she remains behind bars over her refusal to give marriage licenses to gay couples.”
“Unions banking hopes on races for high court”: This front page article appears in today’s edition of The Philadelphia Inquirer.
“And The Winner Is . . . Screwed”: Scott H. Greenfield had this post Friday at “Simple Justice.”
“Constitution Check: Did the Supreme Court take away states’ power over marriage?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.
“First Amendment Law Takes a Hit”: Kenneth Jost had this post yesterday at his blog, “Jost on Justice.”
“U.S., tech industry fight over email privacy heads to appeals court”: Reuters has this report.
“Citizens United struggle is deeply personal for Clinton”: The Associated Press has this report.
“The Execution of Shannon Johnson: A Subversion of Due Process and the Adversarial System?” U.S. District Judge Gregory M. Sleet (D. Del.) had this article in the Summer 2015 issue of Criminal Justice magazine, a publication of the American Bar Association’s Criminal Justice section.
The News Journal of Wilmington, Delaware recently reported on the matter in an article headlined “Judge Sleet blasts Delaware death penalty case.”