How Appealing



Monday, July 25, 2016

“Daily Mail Must Face Defamation Suit After Using Photo of Porn Star in HIV Story; The 9th Circuit Court of Appeals concludes that reasonable readers could have assumed that Danni Ashe had tested positive”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Posted at 3:18 PM by Howard Bashman



“Justices Show How Disclosing Revisions Offers (Confers?) Benefits”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 10:30 AM by Howard Bashman



“The Supreme Court Smacked Down this Draconian Anti-Abortion Law, but Texas Has Other Plans; The war on women is far from over”: Becca Andrews has this article online at Mother Jones.

Posted at 8:10 AM by Howard Bashman



“Why Obama Has Failed to Close Guantanamo: Congress is blamed for preventing the President from fulfilling his pledge; But that’s not the whole story.” Connie Bruck has this article in the August 1, 2016 issue of The New Yorker.

Posted at 7:58 AM by Howard Bashman



Sunday, July 24, 2016

“For Prosser, long career overshadowed by one heated moment”: The Associated Press has a report that begins, “David Prosser filled a lot of roles: prosecutor, legislator, state Supreme Court justice. But he’s likely to be best remembered for getting into a physical altercation with another justice that brought national ridicule to Wisconsin’s highest court.”

Posted at 9:20 PM by Howard Bashman



“Seymour Abrahamson, husband of Supreme Court justice, studied radiation”: The Milwaukee Journal Sentinel has published this obituary.

Posted at 9:18 PM by Howard Bashman



If you’re an appellate lawyer, here’s a good reason to visit Philadelphia in November when it’s not 100 degrees outside: The Democratic National Convention gets underway in Philadelphia tomorrow afternoon, when the high temperature is projected to be 98 degrees.

In connection with this week’s festivities, today’s broadcast of the CBS News program “Sunday Morning” contained a segment titled “Philadelphians say: Love it or leave it.”

I am a native of the Philadelphia area who frequently travels for speaking engagements and for work, and I regularly talk with people elsewhere who tell me they last visited Philadelphia many years ago. Since then, Philadelphia has become an even more amazing tourist destination, not only because of its historical offerings but also for its incredible restaurants, museums, educational offerings, varied neighborhoods, and cultural events.

This November, the Appellate Judges Education Institute will be hosting its annual summit in Philadelphia. The program for the 2016 AJEI Summit can be accessed here.

Headlining the program will be a conversation with U.S. Supreme Court Justice Elena Kagan.

Other federal and state appellate judges who will be participating in the programming as speakers or panelists include: Brent Benjamin, Consuelo Callahan; Mariano-Florentino Cuellar; Steven David; Barbara Jackson; Michael Keasler; Anne Lazarus; Thomas G. Saylor; D. Brooks Smith; N. Randy Smith; Jeffrey S. Sutton; and James Wynn Jr., just to name a few.

Additionally, the panelists on the “Supreme Court Preview” and the “Handling the Big Case” panels are outstanding. And I will be the moderator of a panel titled “Unreported Opinions; Declining News Coverage of Appellate Courts,” which has its own excellent group of panelists.

The AJEI 2016 Summit will take place at the centrally located Loews Hotel in Philadelphia. Jeffrey Rosen, president of the National Constitution Center, will be the speaker at the Summit’s first session, and the first night’s welcoming event will take place at the Constitution Center.

I am hoping that many “How Appealing” readers will be able to attend this year’s AJEI Summit in Philadelphia. If you are like me, it is far easier to block off on your calendar now the dates of the Summit — from November 10 to 13, 2016 — before work or other obligations inevitably intrude. Another reason to register now is that on Friday afternoon, November 11, 2016, a number of optional fun events around town with limited availability are offered for sign-up on a first-come, first-served basis, including a guided tour of Philadelphia’s must-see, recently relocated cultural offering, The Barnes Foundation. In the past I have always signed-up to attend the Summit too late to obtain my first choice fun event, but not this year.

You can sign-up to attend the 2016 AJEI Summit in Philadelphia now via this link. I hope to see you there!

Posted at 4:55 PM by Howard Bashman



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Posted at 4:00 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Resolved Redux.” Aaron Nielson had this post yesterday at the “Notice & Comment” blog of the Yale Journal of Regulation.

Posted at 3:54 PM by Howard Bashman



“Supreme Court ruling denies second chance for inmates; PA Supreme Court: Inmates serving mandatory minimums can’t retroactively challenge them.” Riley Yates of The Morning Call of Allentown, Pennsylvania has this report.

Posted at 2:03 PM by Howard Bashman



“N.J. Supreme Court to decide if government metadata is public”: Jan Hefler of The Philadelphia Inquirer has an article that begins, “The New Jersey Supreme Court has agreed to hear a case brought by an open-government activist who contends that the public should be allowed to view electronic data and metadata kept by local government agencies.”

Posted at 1:50 PM by Howard Bashman



“Behind the Supreme Court’s Abortion Decision, More Than a Decade of Privately Funded Research; Research funded by the Susan Thompson Buffett Foundation and others not only helped spur the nation’s top court to strike down key parts of a Texas abortion law, but also has fueled a string of other changes making abortion more accessible”: Nina Martin of ProPublica has this report.

Posted at 1:45 PM by Howard Bashman



“Presidential Election Will Shape Supreme Court, and National Policies, for Years to Come; Evenly split bench is likely to shift with appointment of Scalia successor and two or more justices retiring”: Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Posted at 1:34 PM by Howard Bashman



Saturday, July 23, 2016

“Anthony Kennedy’s 80th Birthday and Trump’s Legacy”: Steve Klepper has this post today at the “Maryland Appellate Blog.”

Posted at 2:03 PM by Howard Bashman



“Indiana Court of Appeals tosses Granger woman’s feticide conviction”: Margaret Fosmoe of The South Bend Tribune has this report.

Brian Eason of The Indianapolis Star reports that “Indiana court overturns Purvi Patel feticide conviction.”

The Associated Press reports that “Indiana court tosses woman’s feticide conviction.”

The Indiana Lawyer reports that “COA tosses feticide conviction, says statute doesn’t apply to self abortion.”

And online at Slate, Christina Cauterucci has an essay titled “Court Vacates Purvi Patel’s Feticide Conviction, Landing a Blow Against ‘Personhood’ Laws.”

You can access yesterday’s ruling of the Court of Appeals of Indiana at this link.

Posted at 1:42 PM by Howard Bashman



“Alaska Supreme Court rejects parent-notification law for abortions”: Nathaniel Herz of Alaska Dispatch News has an article that begins, “The Alaska Supreme Court has invalidated the state law requiring physicians to give two days notice to parents before performing abortions on girls under 18 years of age.”

You can access yesterday’s ruling of the Supreme Court of Alaska at this link.

Posted at 11:20 AM by Howard Bashman



“U.S. seeks nationwide advice on birth-control dispute”: Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 11:09 AM by Howard Bashman



“Justices Ignored: The Supreme Court is the most important issue of the election for Republicans; So they’re not talking about it.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 11:07 AM by Howard Bashman



“Va. Supreme Court strikes down McAuliffe’s order on felon voting rights”: Graham Moomaw of The Richmond Times-Dispatch has this report.

In today’s edition of The Washington Post, Fenit Nirappil and Jenna Portnoy have a front page article headlined “Va. high court invalidates McAuliffe’s order restoring felon voting rights.”

Dave Boyer of The Washington Times reports that “McAuliffe begins to grant voting rights for convicted felons individually after court ruling.”

The Associated Press reports that “Virginia court strikes down order giving felons voting right.”

And Reuters reports that “Virginia’s top court rules against move to restore felons’ voting rights.”

You can access yesterday’s 4-to-3 ruling of the Supreme Court of Virginia at this link.

Posted at 10:55 AM by Howard Bashman



“Scott Walker picks Waukesha lawyer Daniel Kelly for seat on Supreme Court”: Molly Beck of The Wisconsin State Journal has an article that begins, “Gov. Scott Walker has picked Daniel Kelly — a conservative Waukesha lawyer who has built a lengthy career in commercial litigation — to join the state Supreme Court.”

And Patrick Marley of The Milwaukee Journal Sentinel reports that “Scott Walker names Daniel Kelly to high court.” According to the article, “Kelly — who in his application called affirmative action and slavery the same morally — will replace retiring Justice David Prosser on Aug. 1, the start of the court’s new term.”

Posted at 10:46 AM by Howard Bashman



Friday, July 22, 2016

“Appeals courts split on seizing assets connected to state terror sponsors”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 8:15 PM by Howard Bashman



“Strange question on the Vineyard: Who owns a beach that has moved?” Frank Phillips of The Boston Globe has this report.

According to the article, “The matter has occupied the state Land Court, the Appeals Court, the Supreme Judicial Court, and the Legislature. Just recently, the SJC threw up its hands over the situation, rejecting a plea from lawmakers to help sort out the ownership dispute because their questions were too murky.”

Posted at 1:24 PM by Howard Bashman



“The Clerk, The Thief, His Life as a Baker: Ashton Embry and the Supreme Court Leak Scandal.” In 2002, John B. Owens published an article bearing that title in the Journal of Supreme Court History, a publication of the Supreme Court Historical Society.

Since April 2014, the article’s author has been more commonly known by his current job title, Ninth Circuit Judge John B. Owens. Owens reached the federal appellate bench after compiling a notable record of academic, judicial clerkship, and work-related achievements. This year, he celebrates his 45th birthday. Already, Judge Owens has distinguished himself as an appellate judicial writer of note, including interesting observations and notable turns of phrases in his opinions.

Yesterday, I had this post linking to a report on a talk that Judge Owens recently presented at the University of Chicago Law School about the Ashton Embry matter.

I am now pleased to be able to post online, with the permission of the article’s author, this PDF copy of the article that Owens published back in 2002 in the Journal of Supreme Court History on this interesting subject.

Posted at 10:25 AM by Howard Bashman



“Appeals court won’t let journalist convicted in hacking case stay out of jail pending appeal”: Josh Gerstein of Politico.com has this blog post.

Posted at 10:03 AM by Howard Bashman



“Appeals court asked to delay acting on McDonnell case”: Frank Green has this article in today’s edition of The Richmond Times-Dispatch.

Posted at 10:02 AM by Howard Bashman