How Appealing



Tuesday, September 26, 2017

In Bashman news from Zimbabwe: As regular readers of this blog are aware, Bashman news most frequently emerges from Australia, with New Zealand a distant second. On rare occasion, however, Bashman news arrives from the continent of Africa, as exemplified by today’s entry, from Bulawayo 24 News, headlined “Trio bash man to death over prostitute,” reported by Simbarashe Sithole.

Posted at 10:28 AM by Howard Bashman



“Federal Court Lambastes Conservative Effort To Strip Felon Voting Rights In Philadelphia; The court said the federal law in question ‘was intended as a shield to protect the right to vote, not as a sword to pierce it'”: Sam Levine of HuffPost has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.

At his “CA3blog,” Matthew Stiegler discusses the ruling in a post titled “New opinions, including a hot-button voting case with some harsh words for the appellant.” And Stiegler previously noted discussed the oral argument of the appeal in a post titled “Two remarkable starts to oral argument.”

Posted at 10:20 AM by Howard Bashman



Monday, September 25, 2017

“One Of Trump’s Judicial Nominees Sits On The Board Of A Group That Defends ‘Conversion’ Therapy”: Zoe Tillman of BuzzFeed News has this report.

Posted at 9:38 PM by Howard Bashman



I just registered online to attend the 2017 AJEI Summit in Long Beach, CA: And you can, too, via this link. Although online registration supposedly requires you to sign-up for a Duke Conference and Event Services account, the process is painlessly simple, requiring only the creation of a password as part of the ordinary online registration process.

This will be the fourth annual Appellate Judges Education Institute Summit in a row that I have attended, and the preceding three were all wonderful events. This also marks the second year in a row that I have been on the AJEI Education Planning Committee and that I will be moderating a panel.

You can view the event’s agenda, which lists all of the speakers and panelists, via this link. The panel that I will be moderating on the morning of Saturday, November 4, 2017 features Adam Feldman of the “Empirical SCOTUS” blog, law professor Richard L. Hasen of the “Election Law Blog,” and law professor RonNell Andersen Jones. If that’s not reason enough to attend, the presentation immediately preceding my panel features both Seventh Circuit Chief Judge Diane P. Wood and Bryan A. Garner. The very next panel following the panel I’m moderating (after a lunch break) features Senior Fifth Circuit Judge Patrick E. Higginbotham and law professor Pamela S. Karlan.

This week is the final week to register and qualify for a substantial early-bird discount. This year will be the first time in a number of years that the AJEI Summit is taking place in California, so appellate attorneys in California and elsewhere in the western United States should definitely take advantage of this opportunity to attend a wonderful event offering top-notch appellate CLE programming and rare opportunity to socialize with a large number of other appellate attorneys and judges.

Posted at 4:00 PM by Howard Bashman



“US appeals court agrees that college can’t suspend student”: Dan Sewell of The Associated Press has a report that begins, “A federal appeals court panel has agreed with blocking a university’s suspension of a male student accused of sexually assaulting a female student.”

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

Posted at 2:05 PM by Howard Bashman



“What To Do With Violent Sex Offenders: The Supreme Court considers whether ‘civil commitment’ is just prison by another name.” Maurice Chammah has this post onine at The Marshall Project.

Posted at 1:28 PM by Howard Bashman



“Travel Ban 3.0 could derail Supreme Court case”: Ariane de Vogue of CNN.com has this report.

Greg Stohr of Bloomberg Nws reports that “New Trump Travel Ban Raises Stakes for Supreme Court Legal Fight.”

Andrew Chung of Reuters has an article headlined “Trump’s new travel ban could be harder to fight in court — experts.”

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled “Trump’s New Travel Ban Could Win Over Justices; If this version had been issued in January, the courts would probably have let it stand.”

Posted at 1:26 PM by Howard Bashman



“We Know a Lot About What Robert Mueller Is Doing. We Also Know Nothing at All. Looking for clues in the actions of D.C.’s second-most-powerful man.” Cristian Farias of New York magazine has this report.

Posted at 8:27 AM by Howard Bashman



“‘Lonely Scholar With Unusual Ideas’ Defends Trump, Igniting Legal Storm”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:22 AM by Howard Bashman



“America’s Red and Blue Judges: Justice Neil Gorsuch exemplifies how the Supreme Court has become fully enmeshed in the rankest partisan politics.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 8:14 AM by Howard Bashman



Sunday, September 24, 2017

“Top Firms’ Supreme Court Business: Some Stay Close While Others Stay Away.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 7:48 PM by Howard Bashman



“Edible art: Bakers want Supreme Court to acknowledge there’s more to a cake than baking.” Robert Barnes of The Washington Post has this report.

Posted at 7:44 PM by Howard Bashman



“In Monday meeting, commissioners likely to appeal prayer lawsuit to Supreme Court”: Josh Bergeron of The Salisbury (N.C.) Post has an article that begins, “The Rowan County commissioners on Monday are expected to decide to appeal the latest ruling in the prayer lawsuit against them to the U.S. Supreme Court.”

Posted at 5:42 PM by Howard Bashman



Saturday, September 23, 2017

“Coaches Could Face Liability on Student Concussions, Appeals Court Rules”: At the “School Law” blog of Education Week, Mark Walsh has a post that begins, “A federal appeals court has ruled that coaches or other school personnel may be liable when they expose student-athletes to further harm by having them return to play after a suspected concussion.”

My earlier coverage of Thursday’s Third Circuit ruling, in a case in which I am appellate counsel for the plaintiffs-appellants, can be accessed here.

Posted at 9:00 PM by Howard Bashman



“Trump’s Big Gamble: Can He Pull Alabama Senator to Victory?” Jonathan Martin will have this article in Sunday’s edition of The New York Times.

As the article explains, “The contest between Mr. Strange and Roy Moore, a former State Supreme Court justice and evangelical firebrand, is the most significant test yet of the president’s power to sway the party’s conservative base.”

Posted at 8:50 PM by Howard Bashman



“The Upcoming Supreme Court Cases That Matter Most to States and Localities: In the term that starts Oct. 2, the justices will hear cases that could drastically alter the country’s political, financial and social landscape.” J.B. Wogan of Governing.com has this report.

Posted at 8:22 PM by Howard Bashman



“Sotomayor on Converting Colleagues & Dashing Dreams”: Kimberly Robinson has this post at the “U.S. Law Week: On the Merits Blog.”

Posted at 8:10 PM by Howard Bashman



“These jury systems are vestiges of white supremacy”: In today’s edition of The Washington Post, law professor Angela A. Allen-Bell has an op-ed that begins, “Louisiana and Oregon are not often thought of in the same vein. But on the issue of non-unanimous juries, they are kindred spirits.”

Posted at 10:52 AM by Howard Bashman