How Appealing



Sunday, January 24, 2016

“Tight three-way race so far for SC Supreme Court justice seat; ‘Only the good Lord knows who will win’; Hard-fought contest will end Feb. 3 when lawmakers vote”: The State of Columbia, South Carolina has this report.

And in other Carolina-related appellate news, at the November 2015 AJEI Summit in Washington, DC, I learned (in a private conversation) which style of North Carolina barbecue the Chief Justice of North Carolina prefers. During my then-recent sojourn through western North Carolina, a little over a month before the AJEI Summit, I had conducted a bit of my own research (see here and here). More discussion of the two major styles of North Carolina barbecue can be accessed here, here, here, and here.

This November, the 2016 AJEI Summit will be taking place in my hometown of Philadelphia, so I am hoping to see plenty of “How Appealing” readers there. Tomorrow and Tuesday, I will be in Dallas, Texas at the SMU Dedman School of Law for a planning session relating to this year’s Summit.

Posted at 10:34 AM by Howard Bashman



“In Immigration Case, Politics Front and Center”: Kenneth Jost has this post today at his redesigned “Jost on Justice” blog.

Posted at 10:18 AM by Howard Bashman



“Symposium on ‘Invisible Justices'”: Friday at “Dorf on Law,” Eric Segall had a post that begins, “On February 11, the Georgia State University Law Review is hosting a comprehensive symposium on Supreme Court transparency.”

Segall writes that “C-Span is considering covering the event.” As someone who won’t be attending the event in person, it would be great if C-SPAN made video of the event more widely available.

Posted at 9:57 AM by Howard Bashman



Saturday, January 23, 2016

“California Supreme Court to review opinion in UCLA stabbing case”: Stephen Ceasar of The Los Angeles Times has an article that begins, “The California Supreme Court agreed Thursday to review an appellate court decision that public colleges and universities have no responsibility to protect students from violence committed by other students on campus.”

Posted at 10:38 PM by Howard Bashman



Friday, January 22, 2016

“Kansas Court of Appeals splits on constitutionality of ‘dismemberment’ abortion ban; Shawnee County District Court ruling stopping the ban stands”: Justin Wingerter of The Topeka Capital-Journal has this report.

Edward M. Eveld of The Kansas City Star reports that “Evenly divided Kansas Appeals Court says ‘no’ to state abortion law.”

In Saturday’s edition of The New York Times, Erik Eckholm will have an article headlined “Kansas Court of Appeals Voids Restrictive 2015 Abortion Law.”

And The Associated Press has a report headlined “Appeals court: Kansas Constitution protects abortion rights.”

You can access today’s evenly divided ruling of the en banc Court of Appeals of Kansas at this link.

Posted at 11:20 PM by Howard Bashman



“Whitesboro, N.Y., in Reversal, Will Change a Logo Called Racist”: Marc Santora will have this article in Saturday’s edition of The New York Times.

Posted at 10:32 PM by Howard Bashman



“Supreme Court Asked to Review Batmobile Copyright Dispute; A mechanic warns the justices about the danger of letting a legal decision in favor of Warner Bros. stand”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 10:27 PM by Howard Bashman



“Justice Breyer Is Dying For A Case That Will Kill The Death Penalty For Good: He’s ready.” Cristian Farias of The Huffington Post has this report.

Posted at 10:24 PM by Howard Bashman



“Presidential Candidates, Silent on Presidential Power”: Charlie Savage will have this news analysis in the Sunday Review section of this upcoming Sunday’s edition of The New York Times.

Posted at 7:00 PM by Howard Bashman



“Scalia clerk shares softer side of justice known for fiery opinions”: Jeff Bell has this article online today at Columbus (Ohio) Business First.

Posted at 4:06 PM by Howard Bashman



“Want to get your case to the Supreme Court? New study tells you which lawyers to hire.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

I previously linked to the study in a post you can access here.

Posted at 4:02 PM by Howard Bashman



Thursday, January 21, 2016

“Judges press Utah about polygamy ban in ‘Sister Wives’ case”: The Associated Press has a report that begins, “An effort to decriminalize polygamy by the family from the TV show ‘Sister Wives’ reached its highest level of the legal system so far Thursday as federal appeals judges questioned a lawyer for Utah about whether the state needs to ban plural marriages.”

Posted at 10:40 PM by Howard Bashman



“The court and the world: American law and the new global realities; A conversation with Justice Stephen Breyer.” Dahlia Lithwick and Benjamin Wittes conducted this interview (audio available) of Justice Stephen G. Breyer earlier this afternoon at the Brookings Institution.

Posted at 4:08 PM by Howard Bashman



“Robots Could Make the Supreme Court More Transparent; Computer models can determine the authorship of unsigned legal decisions with startling accuracy”: Adrienne LaFrance of The Atlantic has this report.

Posted at 1:32 PM by Howard Bashman



“Heffernan v. Paterson and an Absurd First Amendment Doctrine”: Gilad Edelman has this post online at The New Yorker.

Posted at 1:28 PM by Howard Bashman



“An Ideological Scramble on Immigration at the Supreme Court”: Jeffrey Toobin has this post online at The New Yorker.

Posted at 1:24 PM by Howard Bashman



“Supreme Court hearing on an Alaskan hunter’s hovercraft: It’s complicated.” Robert Barnes has this article in today’s edition of The Washington Post.

In today’s edition of Alaska Dispatch News, Erica Martinson has a front page article headlined “Supreme Court hears case testing boundaries of federal authority over Alaska waters.”

Lawrence Hurley of Reuters reports that “U.S. justices target Alaska moose hunter’s hovercraft claim.”

Lydia Wheeler of The Hill reports that “High court weighs federal land rules in hovercraft case.”

Robin Bravender of Greenwire reports that “Fate of hovercraft murky as justices weigh Alaska case.”

Rebecca Wilhelm of Bloomberg BNA reports that “Supreme Court Considers Meaning of Alaska Land-Use Law.”

And Liz Ruskin of Alaska Public Radio Network reports that “Supreme Court hears Alaska hovercraft case.”

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Sturgeon v. Frost, No. 14-1209.

Posted at 1:15 PM by Howard Bashman



“Supreme Court Ruling Bolsters Ability to Build Class Actions”: Adam Liptak has this article in today’s edition of The New York Times.

Jess Bravin of The Wall Street Journal reports that “Supreme Court Rules Against Telemarketer in Class-Action Case; Suit involving spam texts can proceed despite defendant company’s settlement offer.”

Richard Wolf of USA Today reports that “Supreme Court says class action lawsuits can survive compensation offers.”

Greg Stohr of Bloomberg News reports that “Top U.S. Court Rejects Companies on Stopping Class Actions.”

Lawrence Hurley of Reuters reports that “U.S. top court rules against advertising firm in class action case.”

The Associated Press reports that “Supreme Court rules against business in class-action case.”

Lydia Wheeler of The Hill reports that “Supreme Court deals defeat to business on class-action suits.”

Cristian Farias of The Huffington Post reports that “Justice Ginsburg Leads Supreme Court Majority To Deliver Blow To Big Business; Corporations won’t be able to head off class action lawsuits by simply making a money offer to plaintiffs.”

And at ThinkProgress, Ian Millhiser has a post titled “Justice Ginsburg Hands Surprise Victory To Consumers Over Big Business.”

You can access yesterday’s ruling of the U.S. Supreme Court in Campbell-Ewald v. Gomez, No. 14-857, at this link.

Posted at 11:37 AM by Howard Bashman



“You’ve Got a Lot of Chutzpah: Pondering the Prevalence of Chutzpah as a Legal Term, and Revisiting the Very Issue of Chutzpah.” Doron Kenter had this post yesterday at the “Bankruptcy Blog” of Weil, Gotshal & Manges LLP.

Posted at 11:22 AM by Howard Bashman



“Appeals court to hear ‘Sister Wives’ polygamy case”: The Associated Press has a report that begins, “Lawyers for a family made famous by the TV show ‘Sister Wives’ are set to ask a federal appeals court on Thursday to uphold a ruling that decriminalized polygamy in Utah.”

Posted at 11:06 AM by Howard Bashman



“Supreme Court To Review If Obama Immigration Actions Were ‘Faithfully Executed'”: Nina Totenberg had this audio segment on Tuesday evening’s broadcast of NPR’s “All Things Considered.”

Posted at 8:50 AM by Howard Bashman



Wednesday, January 20, 2016