“Fallible But Final: Why Justice Scalia is Wrong About the Supreme Court’s Authority.” Evan Bernick has this blog entry today at The Huffington Post.
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Wednesday, November 18, 2015
“Fallible But Final: Why Justice Scalia is Wrong About the Supreme Court’s Authority.” Evan Bernick has this blog entry today at The Huffington Post. Posted at 1:35 PM by Howard Bashman“Law Professor Challenges the Seeming Federal Endorsement of Duke Nonbinding ‘Guidelines’ on Proportionality Amendments”: Patricia W. Moore has this post at the “Civil Procedure & Federal Courts Blog.” Posted at 11:06 AM by Howard Bashman“After final appeal, NFL retirees can finally get help”: Former NFL player Nick Lowery, perhaps with the assistance of a lawyer or two, has this op-ed in today’s edition of The Philadelphia Inquirer. Tomorrow, a three-judge panel of the U.S. Court of Appeals for the Third Circuit is scheduled to hear an hour of oral argument — likely to extend much longer — in In Re: National Football League Players Concussion Injury Litigation. Among the five lawyers arguing for objectors will be attorneys Steven F. Molo, Deepak Gupta, Charles Becker, and me (I’ll be representing objector Craig Heimburger and his wife). Arguing in favor of affirmance will be law professor Samuel Issacharoff (representing class counsel) and Paul D. Clement (representing the NFL). Once the Third Circuit posts the audio of the oral argument online, I will link to it. Posted at 11:02 AM by Howard Bashman“At UR, Sotomayor says justices are ‘members of this society'”: Karin Kapsidelis has this article in today’s edition of The Richmond Times-Dispatch. Fox News Latino has a report headlined “Sotomayor had to be convinced to become first Hispanic justice: ‘This isn’t about you.’” And Mark Robinson of Richmond Magazine has a report headlined “Holding Court: U.S. Supreme Court Justice Sonia Sotomayor speaks to students, faculty at University of Richmond.” Posted at 10:48 AM by Howard Bashman“Constitution Check: Where does Justice Kennedy now stand on abortion rights?” Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center. Posted at 10:38 AM by Howard BashmanFinally a law-related blog post featuring the lyric “There’s no sex in your violence” from Bush’s Everything Zen: Today at “Concurring Opinions,” Ronald K.L. Collins has a post titled “FAN 85 (First Amendment News) ‘Is phone sex violent?’ — Posner challenges lawyer in online classified advertising case.” You can access via this link the audio of last Friday’s Seventh Circuit oral argument in Backpage.com, LLC v. Dart (18.8 MB mp3 audio file). In news coverage of the case from yesterday, Jason Meisner of The Chicago Tribune reports that “Appeals court limits sheriff in fight over online sex ads.” Aamer Madhani of USA Today reports that “Appeals court orders Cook County sheriff to cease campaign against Backpage.” And Jonathan Bilyk of CookCountyRecord.com reports that “Seventh Circuit orders Dart to back off Backpage.com, pending appeal of injunction denial.” Posted at 10:25 AM by Howard Bashman“Board overboard”: Today’s edition of The Philadelphia Inquirer contains an editorial that begins, “The Judicial Conduct Board, the panel designated to investigate the myriad misdeeds of Pennsylvania’s judiciary, has so thoroughly botched its probe of Supreme Court Justice J. Michael Eakin as to raise a question: Who should investigate the Judicial Conduct Board?” Posted at 8:44 AM by Howard BashmanTuesday, November 17, 2015
“Judge Scolds Plaintiffs Lawyers for Brief With 76 Footnotes”: Marisa Kendall of The Recorder has this report (subscription or registration required for full access). Fortunately, subscription or registration is not required to access in full the brief in question, Google’s objection to that brief, and the federal district judge’s order granting that motion to strike. Posted at 10:55 PM by Howard Bashman“Ted Cruz wins endorsement of Ginni Thomas”: CNN.com has this report. My earlier coverage appears at this link. Posted at 10:10 PM by Howard Bashman“Colorado Supreme Court, Court of Appeals, Office of the State Court Administrator launch Twitter accounts”: The Judicial Branch of Colorado issued this news release today. Posted at 10:07 PM by Howard Bashman“The Real Court Case Behind Bridge of Spies: The story of the prisoner exchange in Spielberg’s latest drama originates from a strangely decided, controversial case.” Law professor Garrett Epps has this essay online today at The Atlantic. Posted at 10:00 PM by Howard Bashman“Texas v. United States: Fifth Circuit declares President Reagan’s immigration regulation unlawful.” Marty Lederman has this post at “Balkinization.” Posted at 9:48 PM by Howard Bashman“Does Fisher I Establish Jurisdiction For Fisher II?” Richard M. Re has this post today at “PrawfsBlawg.” Posted at 7:58 PM by Howard Bashman“Atty. Gen. Loretta Lynch questions plans for moving Guantanamo prisoners to U.S.” Timothy M. Phelps of The Los Angeles Times has this report. And Josh Gerstein of Politico.com has a blog post titled “Lynch douses talk of Obama going rogue on Guantanamo closure.” Posted at 7:38 PM by Howard Bashman“Video: A Conversation with Ken Starr.” The Texas Tribune posted this video online today. Posted at 7:34 PM by Howard Bashman“What a Breeze: The Case for the ‘Impure’ Opinion (Part 2).” Ross Guberman, a longtime “How Appealing” reader who I had the pleasure of meeting for the first time at the 2015 AJEI Summit on Sunday morning, is the author of the November 2015 installment of the “Plain Language” column in the Michigan Bar Journal. You can also access part one of Guberman’s essay, from last month’s issue, at this link. Posted at 7:22 PM by Howard Bashman“Uber can’t appeal class certification order in U.S. driver lawsuit”: Dan Levine of Reuters has this report. Posted at 4:53 PM by Howard Bashman“Ginni Thomas: I Am Proudly Endorsing Ted Cruz for President in 2016.” The presidential campaign of Ted Cruz has posted this video online at YouTube. Or as Adam Liptak of The New York Times notes on Twitter, “After mentioning that her husband is on the Supreme Court, Ginni Thomas endorses Ted Cruz.” Posted at 4:48 PM by Howard Bashman“Texas law leads to more attempts at self-induced abortions — study”: Reuters has this report. Posted at 4:44 PM by Howard Bashman“A Conversation with Sonia Sotomayor”: Live online from the University of Richmond School of Law via this link. Posted at 4:40 PM by Howard Bashman“Anthony Kennedy’s Right to Choose: The justice who cares about dignity and autonomy should vote against Texas’ abortion law.” Dahlia Lithwick has this jurisprudence essay online today at Slate. Posted at 4:38 PM by Howard Bashman“Criminal Justice System Reform: The Cato Institute held a discussion with two federal judges on criminal justice system issues.” Yesterday, Cato hosted this dialogue (video via C-SPAN) between Ninth Circuit Judge Alex Kozinski and Fourth Circuit Judge J. Harvie Wilkinson III. Posted at 2:00 PM by Howard BashmanAccess online the NCAA’s opposition to rehearing en banc filed in the Ninth Circuit‘s O’Bannon case: Attorney Seth P. Waxman appears as counsel of record on the NCAA’s answer in opposition filed yesterday. Posted at 1:50 PM by Howard Bashman“Forensic Pseudoscience: The Unheralded Crisis of Criminal Justice.” Nathan J. Robinson has this article in the November/December 2015 issue of Boston Review. Posted at 10:40 AM by Howard Bashman“‘Outrageous Government Conduct’: Is It OK when the government makes up crimes to catch criminals? What if they’re not criminals?” Adam Wisnieski has this article online at The Crime Report. Posted at 10:36 AM by Howard Bashman“Supreme Court Landmark Case Youngstown Sheet and Tube v. Sawyer“: C-SPAN has posted the video of last night’s broadcast, featuring law professor Michael Gerhardt and William Howell, at this link. Posted at 10:30 AM by Howard Bashman“Bryan Garner on interviewing Supreme Court Justices”: Thanks to Bloomberg BNA, an interesting podcast from “Hsu untied” has come to my attention. Posted at 10:18 AM by Howard BashmanYou can follow “How Appealing” on Twitter: Via this link. Every post at this blog automatically generates a Tweet, alerting you to new content. And when I’m on the road, as I was last week at the tremendously worthwhile 2015 Appellate Judges Education Institute Summit, lots of appellate-related re-Tweets frequently will appear even though the blog itself shows no new activity. Posted at 8:56 AM by Howard Bashman“Do Supreme Court Justices Need Litmus Test?” Kimberly Robinson of Bloomberg BNA has this report. And in related coverage at “Above the Law,” David Lat has a post titled “Ten Years Of The Roberts Court.” Posted at 8:52 AM by Howard Bashman“11 amicus briefs filed in support of Bob McDonnell”: Andrew Cain of The Richmond Times-Dispatch has this report. And Matt Zapotosky of The Washington Post reports that “Bob McDonnell’s high-profile supporters urge Supreme Court to take case.” Posted at 8:50 AM by Howard Bashman“Pa. voters to be asked: Is 70-plus too old for a judge?” Matthew Nussbaum has this article in today’s edition of The Philadelphia Inquirer. In today’s edition of The Pittsburgh Post-Gazette, Karen Langley has an article headlined “Pennsylvania voters will decide next year if judges can work to age 75.” And The Associated Press reports that “Pennsylvania voters will decide whether mandatory retirement age for judges should be 70 or 75.” Posted at 8:40 AM by Howard Bashman“Justice Antonin Scalia Questions Logic Behind Gay Rights Protections”: Adam Liptak had this post last night at the “FirstDraft” blog of The New York Times. Posted at 8:35 AM by Howard Bashman“Prison Town in Colorado Doesn’t Want Guantanamo Detainees”: Jack Healy has this article in today’s edition of The New York Times. Posted at 8:30 AM by Howard BashmanMonday, November 16, 2015
“Why Israel’s right wing is gunning for nation’s Supreme Court; Democracy activists say reasoned critiques of controversial court decisions have given way to incitement; A security detail has been assigned to the justices”: Joshua Mitnick of The Christian Science Monitor has this report today. Posted at 10:18 PM by Howard Bashman“Lawsuit Finance Contracts Are Loans, Colorado Supreme Court Rules”: Daniel Fisher has this post at Forbes.com about a ruling that the Supreme Court of Colorado issued today. Posted at 10:14 PM by Howard Bashman |
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