How Appealing



Thursday, July 27, 2017

“Couple defeats government in battle over powerboat on Upper Peninsula lake”: Tanda Gmiter of MLive.com has an article that begins, “A federal appeals court has ruled that a couple who own property on a remote lake in the Upper Peninsula can use a powerboat there, scoring them a victory over the U.S. Forest Service.”

Circuit Judge Jeffrey S. Sutton wrote the majority opinion in yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, and Circuit Judge Bernice B. Donald issued a dissenting opinion.

Posted at 10:50 AM by Howard Bashman



“Justice Dept. Weighs In Against Protections for Gays in the Workplace”: Alan Feuer of The New York Times has this report.

Erik Larson of Bloomberg News reports that “Trump Targets Legal Effort to Protect LGBT Workers From Bias.”

Daniel Wiessner of Reuters reports that “U.S. Justice Department says anti-bias law does not protect gay workers.”

Diane Ruggiero and Madison Park of CNN.com report that “DOJ files amicus brief that says Title VII does not protect sexual orientation.”

And Dominic Holden of BuzzFeed News reports that “The Justice Department Just Argued Against Gay Rights In A Major Federal Case; Lawyers under Attorney General Jeff Sessions said in federal court that a 1964 civil rights law does not protect a gay employee from discrimination.”

Posted at 10:40 AM by Howard Bashman



“Circuit Court Nominees In The Trump Administration: The Latest News And Rumor (Part 2); These highly qualified women and men should be swiftly confirmed to the federal bench.” David Lat has this post at “Above the Law.”

Posted at 8:30 AM by Howard Bashman



Wednesday, July 26, 2017

“Justice Anthony Kennedy speaks at Salzburg Academy on Media and Global Change; US Supreme Court Justice shares thoughts on cyber age and takes questions from students”: Salzburg Global Seminar has this report.

Posted at 9:00 PM by Howard Bashman



“Arizona Supreme Court lets ruling stand that protects Republic journalist’s notes”: Michael Kiefer of The Arizona Republic has this report.

Posted at 1:48 PM by Howard Bashman



Drunk driving in your own driveway? Supreme Court of Michigan says “yes.” You can access yesterday’s ruling of the Supreme Court of Michigan at this link.

In news coverage, The News-Review of Petoskey, Michigan reports that “Supreme Court rules on case heard in Petoskey.”

And Dana Afana of MLive.com reports that “You can’t drive drunk in your own driveway, Supreme Court finds.” Presumably “can’t” as used in that headline is intended to mean “aren’t allowed to” as opposed to “aren’t capable of.”

Posted at 1:40 PM by Howard Bashman



“A Supreme Court ruling has opened the floodgates to a stream of gross trademarks; ‘The Piss Tape is Real’ has a good shot at becoming a registered US trademark”: Sarah Jeong has this report online at The Verge.

Posted at 1:28 PM by Howard Bashman



“The Supreme Court Delivers a Blow to Plaintiff Paradise: St. Louis may lose its lawsuit allure after a ruling against ‘litigation tourism’ that helps big companies like Johnson & Johnson.” Margaret Cronin Fisk and Jef Feeley of Bloomberg Businessweek have this report.

Posted at 1:18 PM by Howard Bashman



Tuesday, July 25, 2017

Tenth Circuit Judge issues published concurring opinion to accompany unpublished opinion of the court: The unpublished opinion of the Court and the concurring opinion of Circuit Judge Harris L Hartz can be accessed as a single document via this link. But the Tenth Circuit’s web site, which separates unpublished from published opinions, also makes the published concurrence available by itself at this link.

If you are a puzzled as I am as to why the members of this three-judge panel could not even agree whether the opinion of the court and the concurring opinion should share the same publication status, perhaps we should instead attempt to determine whether the “L” in the middle of Judge Hartz’s name is a middle initial (and thus should be followed by a period) or is simply his entire middle name (and thus not followed by a period). His official FJC bio (linked above) includes the period. The list of Tenth Circuit Judges omits a period, as does the page one reaches by clicking on that link. A separate page on the Tenth Circuit’s web site, however, twice includes a period after the L.

Lastly, Bryan A. Garner, whose penchant for detail probably extends to things such as this, omitted the period after the “L” from the cover of his latest book — “The Law of Judicial Precedent — on which Hartz was one of the co-authors.

If this period/no period mystery is capable of a solution, I will report back once the solution has been determined.

Update: Within minutes of the appearance of this post — in what must be record time for promptness of reader feedback in this blog’s 15+ year history — a former law clerk to Judge Hartz emailed to say that “L” is Judge Hartz’s middle name, and it is not followed by a period. My correspondent invoked the example of President Harry S. Truman, whose middle initial did not stand for anything specific, although that example is perhaps not an exact parallel, as President Truman himself frequently followed the “S” with a period when signing his name.

Posted at 11:54 PM by Howard Bashman



“Supreme Judicial Court ruling gives legal cover to sanctuary cities”: Milton J. Valencia has this front page article in today’s edition of The Boston Globe.

Chris Villani of The Boston Herald reports that “SJC rules against ICE in blockbuster Massachusetts immigration case.”

In today’s edition of The New York Times, Jess Bidgood has an article headlined “Court Officers Can’t Hold People Solely Under ICE Detainers, Massachusetts Justices Rule.”

And in commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled “How Massachusetts Became a Sanctuary State: A landmark ruling from the commonwealth’s highest court could change the future of immigration enforcement.”

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

Posted at 10:24 PM by Howard Bashman



“Philadelphia lawyer gives $7.5 million for continuing education classes for Pa. judges”: Linda Loyd of The Philadelphia Inquirer has this report.

Elizabeth Behrman of The Pittsburgh Post-Gazette reports that “Duquesne’s Kline Center to helm new partnership between Pa. courts, law schools.”

And Duquesne University issued a news release titled “Largest Gift in History of Law School Will Transform Judicial Education Statewide; First-of-its-kind initiative funded by esteemed alumnus Thomas R. Kline pairs Duquesne and Pa. law schools with courts.”

Posted at 8:02 PM by Howard Bashman



“Google Has a Big Canadian Problem — and It’s Getting Desperate; After losing up north, Google takes the battle over a worldwide injunction to an American court; But it’s unlikely to be the tech giant’s last stop”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 2:12 PM by Howard Bashman



“NBC beats defamation appeal over ‘bomb’ segment on ‘Today'”: Jonathan Stempel of Reuters has this report.

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “NBC Gets Victory Over ‘Today Show’ Bomb Segment at Appeals Court; A manufacturer of exploding rifle targets can’t revive a defamation lawsuit.”

You can access today’s ruling of a three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 1:55 PM by Howard Bashman



“President Trump appeals to higher court to dismiss Louisville rally suit”: Matthew Glowicki of The Courier-Journal of Louisville, Kentucky has this report.

Posted at 1:23 PM by Howard Bashman



“Appeals court blocks enforcement of District’s strict concealed-carry law”: Ann E. Marimow of The Washington Post has this report.

Andrea Noble of The Washington Times reports that “D.C. law requiring ‘good reason’ to carry handgun rejected by appeals court.”

Daniel Trotta of Reuters reports that “Appeals court blocks D.C. law restricting gun rights.”

The Associated Press reports that “Appeals court blocks strict DC concealed carry permit law.”

And Zoe Tillman of BuzzFeed News reports that “A DC Federal Court Just Ruled Carrying Guns In Public Is A ‘Core’ 2nd Amendment Right.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 1:18 PM by Howard Bashman



“Judge Ralph Erickson — Nominee for the U.S. Court of Appeals for the Eighth Circuit.” Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 10:56 AM by Howard Bashman



“The Terminator Heads to the Supreme Court: Arnold Schwarzenegger’s latest project is hardly the stuff of action heroes.” Edward-Isaac Dovere has this report at Politico Magazine.

Posted at 10:52 AM by Howard Bashman



Monday, July 24, 2017

“Even head judge of Georgia’s highest court gets called for jury duty”: Ben Brasch of The Atlanta Journal-Constitution has this report.

Posted at 10:08 PM by Howard Bashman



“Anchorage teen speaks her mind to Supreme Court justice about immigration, civil rights”: Columnist Charles Wohlforth of Alaska Dispatch News has an essay that begins, “No one who knew her would be surprised that at 15 years of age Olivia Tafs found herself on a dais with U.S. Supreme Court Justice Neil Gorsuch, instructing him on the relevance of the internment of Japanese Americans in World War II to President Donald Trump’s travel ban.”

Posted at 10:02 PM by Howard Bashman



“SCOTUS petition claims Justice memo is smoking gun on SEC ALJs”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 5:16 PM by Howard Bashman