How Appealing



Sunday, November 29, 2015
Saturday, November 28, 2015

Access online the contents of the November 2015 issue of The Yale Law Journal: Via this link.

The issue includes a book review written by Seventh Circuit Judge Richard A. Posner titled “Eighteen Years On: A Re-Review” (also available in HTML format), in which Judge Posner re-reviews law professor William N. Eskridge, Jr.‘s 1996 book titled “The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment.” Judge Posner’s original review of the book, from 1997, can be accessed here.

Posted at 10:08 PM by Howard Bashman



“These 3 judges hold the fate of the Internet in their hands”: Brian Fung had this post Tuesday at “The Switch” blog of The Washington Post.

Posted at 8:53 PM by Howard Bashman



“Anti-apartheid hero urges Canada to rethink solitary confinement in prisons”: Sean Fine has this article in today’s edition of The Toronto Globe and Mail.

Posted at 3:28 PM by Howard Bashman



“Supreme Court removes judge in Kane feud”: In today’s edition of The Philadelphia Inquirer, Chris Palmer has a front page article that begins, “The Pennsylvania Supreme Court has removed a senior judge who once presided over many of the state’s biggest grand jury investigations, accusing him of judicial misconduct and abandoning his sense of objectivity during a feud with Attorney General Kathleen G. Kane.”

Posted at 2:57 PM by Howard Bashman



“Lawyers’ Class-Action Payouts Face Court Challenge; Case in California would base attorneys’ compensation on hours, not a percentage”: Sara Randazzo has this article in today’s edition of The Wall Street Journal about a case pending in the Supreme Court of California.

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

Posted at 2:40 PM by Howard Bashman



Friday, November 27, 2015

U.S. Supreme Court web site’s home page now has a page title: The Court is hard at work today. Justices — or at least one Justice — are issuing orders (see, e.g., this one). At his “Election Law Blog,” Rick Hasen discusses the order in a post titled “Breaking: Justice Kennedy Enjoins Counting of Ballots in Hawaii Election.”

But, perhaps even more extraordinarily, the home page of the Court’s web site now has a page title — namely, “Home – Supreme Court of the United States.” Yesterday evening at 10:45 p.m. eastern time, I published a post titled “Does it really require a ‘How Appealing’ post to convince the U.S. Supreme Court to implement a page title for its home page?

I heartily praise the Court for fixing this oversight on its newly redesigned web site, and on the Friday after Thanksgiving no less!

Posted at 2:08 PM by Howard Bashman



Thursday, November 26, 2015

“The Supremes take up abortion rights, again; Supreme Court must not validate sham law designed to deprive women of safe, legal abortion”: Nancy Northup has this op-ed online at USA Today.

Posted at 11:00 PM by Howard Bashman



Does it really require a “How Appealing” post to convince the U.S. Supreme Court to implement a page title for its home page? Some time ago, the U.S. Supreme Court redesigned its web site. Since then, however, the Court’s home page has lacked a page title (the text that appears in your web browser tab at the very top of the page).

Instead, at present, the Court’s home page title simply reiterates the web site’s online address, beginning with the beloved “http” text (at least when using Firefox; other browsers may replicate the address differently in the page title, but none reveals an actual page title for the Court’s home page). Other pages within the Court’s web site, such as the current Term’s orders page, do contain page titles (in this instance, “2015 Term Court Orders”).

Because courts have generally exhibited amazing responsiveness in correcting flaws in their online information in response to “How Appealing” posts noting such flaws, I have decided to start the clock on this one at 10:45 p.m. eastern time on Thanksgiving night. Perhaps the Court’s home page will sport a title as early as tomorrow, perhaps one won’t appear until next week, or perhaps the Court has decided to keep its home page title-less into the foreseeable future.

Update: For what it’s worth, the home pages of the Supreme Court of Canada and the Supreme Court of the United Kingdom both have page titles (the former is bilingual, of course).

Posted at 10:45 PM by Howard Bashman



“In Supreme Court case, university defends race-based policy giving middle-class minorities an edge”: David G. Savage of The Los Angeles Times has this report.

Posted at 10:22 PM by Howard Bashman



Wednesday, November 25, 2015

“Why Texas Shouldn’t Be Allowed To Run Out the Clock”: Brianne Gorod has this post today at the “Text & History Blog” of the Constitutional Accountability Center.

Posted at 12:14 PM by Howard Bashman



Just in time for the busiest holiday shopping day of the year: Subscribing to The Green Bag — the only law review-type publication that I pay money to receive — has just become more interesting, to say the least. Details can be found here and here.

You can choose to spend zillions on eBay to obtain a U.S. Supreme Court Justice bobblehead doll, or you can simply subscribe to The Green Bag and obtain them for no additional cost.*

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*Terms and conditions may apply.

Posted at 9:54 AM by Howard Bashman



“Does the First Amendment Protect Professionals? The bizarre case law that upholds free speech courts like and bans speech they don’t.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:36 AM by Howard Bashman



“Wisconsin’s Abortion Law Is Unconstitutional: These are the greatest quotes from a ruling that slams the state for feigning an interest in women’s health.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 9:35 AM by Howard Bashman



“The chief justice speaks: John Roberts reflects on leadership at the Supreme Court.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

Posted at 9:32 AM by Howard Bashman



Tuesday, November 24, 2015

“Obama Administration Asks Court to Deny Texas More Time on Immigration; Request to extend response period would push Supreme Court case to October 2016”: Jess Bravin of The Wall Street Journal has this report.

Posted at 10:03 PM by Howard Bashman



“Seventh Circuit Finds Wisconsin’s Physician ‘Admitting Privileges’ Abortion Requirement Unconstitutional”: Ruthann Robson has this post today at the “Constitutional Law Prof Blog.” Therein, Robson writes, “In his inimitable style, Judge Posner also provided his views on the Fifth Circuit’s decision regarding Texas’s HB2 in Whole Woman’s Health v. Cole, to which the United States Supreme Court recently granted certiorari.”

My earlier coverage of yesterday’s Seventh Circuit ruling can be accessed here.

Posted at 1:45 PM by Howard Bashman