How Appealing



Saturday, August 26, 2017

“Judges must decide when prisoner should be shackled”: Howard Fischer of Arizona’s Capitol Media Services has an article that begins, “An appeals court on Friday slapped down Arizona federal judges for ignoring their order limiting when prisoners can be shackled.”

You can access Friday’s order of the U.S. Court of Appeals for the Ninth Circuit granting a writ of mandamus at this link.

Posted at 4:02 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Unsolicited Advice to 2Ls and 3Ls.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 8:46 AM by Howard Bashman



Friday, August 25, 2017

“Why the Bundys and Their Heavily Armed Supporters Keep Getting Away with It”:
Benjamin Wallace-Wells has this essay online at The New Yorker.

Posted at 10:12 PM by Howard Bashman



“CFTC Talks EP005: CFTC Director of Enforcement James McDonald.” The Commodity Futures Trading Commission posted this podcast online today, featuring an interview with James McDonald, a former law clerk to both Sixth Circuit Judge Jeffrey S. Sutton and Chief Justice John G. Roberts, Jr.

Posted at 3:22 PM by Howard Bashman



“U.S. Rep. Erik Paulsen writes: Klobuchar, Franken impede the path of an outstanding judge; Despite his superb qualifications and bipartisan support, David Stras’ advance to the federal court is being held up by Minnesota’s Democratic senators; This needs to stop.” U.S. Representative Erik Paulsen (R-MN) has this essay online at The Minneapolis Star Tribune.

Posted at 2:00 PM by Howard Bashman



“Championship bout coming to Minnesota Supreme Court Monday: The Legislature vs. the governor.” Rachel E. Stassen-Berger of The Pioneer Press of St. Paul, Minnesota has this report.

Posted at 1:42 PM by Howard Bashman



“Showdown in the state Supreme Court on guns in courthouses”: Jimmie E. Gates of The Clarion-Ledger of Jackson, Mississippi has this report.

Posted at 1:40 PM by Howard Bashman



“California Supreme Court upholds most of expedited death penalty initiative”: Bob Egelko has this front page article in today’s edition of The San Francisco Chronicle.

And at the “At the Lectern” blog of Horvitz & Levy, David Ettinger has a post titled “Supreme Court upholds most of Prop. 66, but it refuses to be bound by the part that would have wreaked havoc on the court’s functions.”

My earlier coverage of yesterdays California Supreme Court ruling can be accessed here.

Posted at 1:30 PM by Howard Bashman



“Political maps under fire as Supreme Court case on tailor-made districts looms”: Richard Wolf of USA Today has this report.

Posted at 1:18 PM by Howard Bashman



“Say No to Sheriff Joe Arpaio, Mr. Trump”: Today’s edition of The New York Times contains an editorial that begins, “It would be difficult for President Trump, who has insulted judges and tried to interfere with a federal investigation, to show much more disrespect for the rule of law. But if he makes good on his implicit vow to pardon Joe Arpaio, the disgraced former sheriff of Maricopa County, Ariz., Mr. Trump would be scorning the Constitution itself.”

Posted at 10:26 AM by Howard Bashman



Thursday, August 24, 2017

“Minnesota Supreme Court will livestream hearings for first time; High court to begin live broadcasts of arguments”: Erin Golden of The Minneapolis Star Tribune has this report.

Posted at 11:18 PM by Howard Bashman



“Heterosexual couple take civil partnership case to Supreme Court; A heterosexual couple who want to enter a civil partnership instead of getting married have been granted the right to take their case to the Supreme Court”: BBC News has this report.

Posted at 11:04 PM by Howard Bashman



“SC judge overruled his father’s Emergency ruling with right to privacy verdict; Justice DY Chandrachud set aside the opinion of his father, Justice YV Chandrachud, in the controversial ADM Jabalpur case of 1976, saying it was seriously flawed”: Bhadra Sinha of the Hindustan Times has this report.

From The Times of India, Amit Anand Choudhary and Dhananjay Mahapatra report that “Supreme Court gives India a private life.” Additionally, Mahapatra has articles headlined “Right to privacy verdict: Author of Supreme Court order junks father;s Emergency ruling” and “Right to privacy verdict: A fundamental shift on gay rights.”

A Vaidyanathan of NDTV India has a report headlined “Right To Privacy: Father’s Judgement Overruled By Son As ‘Seriously Flawed’; Today, overturning that ruling, Justice Chandrachud’s son DY Chandrachud, wrote: ‘The judgements rendered by four judges are flawed. Life and personal liberty are inalienable to human rights. No civilised state can contemplate encroachment on life and personal liberty.’

Vidhi Doshi of The Washington Post reports that “India’s Supreme Court says privacy is a fundamental right in blow to government.”

Niharika Mandhana of The Wall Street Journal reports that “India’s Supreme Court Says Privacy is Fundamental Right; Ruling is seen as a setback for the Indian government’s ambitious plans for the country’s vast biometric database.”

Ravi Agrawal of CNN.com reports that “India Supreme Court rules privacy a ‘fundamental right’ in landmark case.”

And BBC News reports that “Indian Supreme Court in landmark ruling on privacy.”

You can access today’s 547-page ruling of the Supreme Court of India at this link.

Posted at 10:52 PM by Howard Bashman



“A New Romance: Trump Has Made Progressives Fall in Love With Federalism.” Cristian Farias has this post at the “Daily Intelligencer” blog of New York magazine.

Posted at 9:58 PM by Howard Bashman



“Judge Niemeyer’s dissent is the real headline in Maryland political gerrymandering case”: Steve Klepper has this post at the “Maryland Appellate Blog.”

Posted at 9:52 PM by Howard Bashman



“Legal ruling in: Facebook ‘friends’ aren’t necessarily real friends.” David Ovalle of The Miami Herald has this report.

In today’s edition of The Wall Street Journal, Jacob Gershman has an article headlined “Florida Appeals Court Rules Judges Can Be Facebook Friends With Lawyers; Boundaries of virtual ‘friendships’ have divided the legal world as more judges join social-media sites.”

And Megan Cerullo of The New York Daily News has an article headlined “Facebook ‘friends’ aren’t real, judge says.”

You can access yesterday’s ruling of Florida’s Third District Court of Appeal at this link.

Posted at 9:40 PM by Howard Bashman



“Come for the sex toys. Stay for the newly created circuit split on mootness.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:20 PM by Howard Bashman



“A Judge Wants a Bigger Role for Female Lawyers. So He Made a Rule.” Alan Feuer has this article in today’s edition of The New York Times.

Posted at 1:38 PM by Howard Bashman



“U.S. Supreme Court Justice to speak at UNF”: Hannah Lee of the UNF Spinnaker, the student news site of the University of North Florida, has a report that begins, “U.S. Supreme Court Associate Justice Stephen Breyer is scheduled to speak at UNF on Jan. 22, 2018.”

Posted at 1:14 PM by Howard Bashman



Wednesday, August 23, 2017

“Appeals Court Grapples With Digital Files, and the Business of Selling ‘Used’ Songs; With predictions of a high-stakes Supreme Court review, a marathon court hearing is held over whether the first-sale doctrine has survived the digital era”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Therein, Gardner writes, “In a hearing that was scheduled to last 24 minutes but stretched past two hours, a panel of three judges regarded the past, present and future of digital entertainment.”

You can access via this link (62.1 MB mp3 audio file) the audio of Tuesday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Second Circuit.

Posted at 10:16 PM by Howard Bashman



“Appeals court panel rules against coach Kennedy in postgame prayer case”: Andrew Binion of The Kitsap Sun has this report.

Mike Carter of The Seattle Times reports that “Appeals court refuses to reinstate Bremerton coach who prayed after games.”

And Maura Dolan of The Los Angeles Times reports that “Football coach’s on-field prayer not protected by Constitution, appeals court rules.”

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:08 PM by Howard Bashman