“Symposium on the Testimony of Lawrence B. Solum on Originalism at the Gorsuch Hearings”: You can access the symposium papers via this link at the “Legal Theory Blog.”
Posted at 10:28 PM by Howard Bashman
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![]() Sunday, October 15, 2017
“Symposium on the Testimony of Lawrence B. Solum on Originalism at the Gorsuch Hearings”: You can access the symposium papers via this link at the “Legal Theory Blog.” Posted at 10:28 PM by Howard Bashman“Trump Closes a Health Dispute, but Leaves Open a Power Struggle”: Carl Hulse has this new installment of his “On Washington” column online at The New York Times. Posted at 10:22 PM by Howard Bashman“A Free Pass for Corporations in Human Rights Suits?” Kenneth Jost has this post at his blog, “Jost on Justice.” Posted at 10:18 PM by Howard Bashman“Editing Alchemy”: Joseph Regalia has this post at the “Appellate Advocacy Blog.” Posted at 10:12 PM by Howard Bashman“Guantanamo Defendant Is Sentenced, in Rare Success for Military Commission”: Charlie Savage had this article in yesterday’s edition of The New York Times. And at “Just Security,” David Luban has a post titled “Indefensible: Why Guantanamo defense lawyers can’t ethically participate any longer.” Posted at 10:04 PM by Howard Bashman“How the Supreme Court Can Soothe U.S. Political Strife: Curbing gerrymandering would encourage politicians to reach across the partisan aisle.” Albert R. Hunt has this essay online at Bloomberg View. Posted at 9:28 PM by Howard Bashman“Meet a convicted felon who became a Georgetown law professor: Shon Hopwood was serving time for armed bank robbery when he discovered he had a brilliant mind for the law; Steve Kroft reports on an improbable tale of redemption.” This video segment appeared on this evening’s broadcast of the CBS News program “60 Minutes.” Posted at 9:02 PM by Howard Bashman“The Obtuse Saboteur: Trump’s plan to kill Obamacare isn’t just reckless — it’s illegal, and likely to fail in the courts.” Mark Joseph Stern has this jurisprudence essay online at Slate. Posted at 8:50 PM by Howard Bashman“Aiding Transgender Case, Sessions Defies His Image on Civil Rights”: Matt Apuzzo of The New York Times has this report. Posted at 8:40 PM by Howard Bashman“Two Guns Per Person: A simple, constitutional proposal that protects both Americans’ lives and liberty.” Doug Pennington has this jurisprudence essay online at Slate. Posted at 8:35 PM by Howard BashmanSaturday, October 14, 2017
“Lesson for Ezekiel Elliott: The Contract Always Wins; The appeals court was clear in ruling that the NFL commissioner was within his rights to suspend the Dallas Cowboys player.” Law professor Stephen L. Carter has this essay online at Bloomberg View. Posted at 11:58 PM by Howard Bashman“Appeals court keeps Arkansas abortion pill limits on hold”: Andrew DeMillo of The Associated Press has this report. Posted at 10:16 PM by Howard Bashman“Maine abortion protester seeks Supreme Court review of noise law”: Judy Harrison of The Bangor Daily News has this report. Posted at 10:12 PM by Howard Bashman“An Episcopalian judge helped decide an Episcopalian dispute at S.C. Supreme Court: Was that wrong?” Andrew Knapp of The Post and Courier of Charleston, South Carolina has this report. Posted at 10:08 PM by Howard Bashman“Law Review Elects First Ever Majority Female Class”: Jamie D. Halper of The Harvard Crimson has this report. Posted at 10:05 PM by Howard Bashman“Many patent-holders stop looking to East Texas following Supreme Court ruling; Can Delaware handle the incoming caseload?” Joe Mullin of Ars Technica has this report. Posted at 10:02 PM by Howard Bashman“A Record Set by the OSG During the Obama Years”: Adam Feldman has this post at his “Empirical SCOTUS” blog. Posted at 4:22 PM by Howard Bashman“Judges and Journalists: Accuracy and Access.” The U.S. Court of Appeals for the Third Circuit is among the co-sponsors of this event, which will take place in Pittsburgh on October 31, 2017 from 11:00 a.m. to 4:00 p.m. I will be one of the panelists for the final session, titled “Changes in the Media and Media Law.” You can access the complete program, containing the location of the event, a list of all the speakers and panelists, and a sign-up form, via this link. Posted at 3:12 PM by Howard Bashman“Kim Davis, Once Jailed in America, Campaigns Against Gay Marriage in Romania”: Liam Stack and Kit Gillet had this article in Friday’s edition of The New York Times. Posted at 10:28 AM by Howard Bashman“D.C. Circuit Review — Reviewed: ‘Also Known as Fish.'” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation. Posted at 10:10 AM by Howard Bashman“Review: In ‘Marshall,’ a Legal Pioneer Gives History a Shove.” Manohla Dargis had this movie review in yesterday’s edition of The New York Times. And Jake Coyle of The Associated Press has a movie review titled “In ‘Marshall,’ a young Thurgood in Connecticut.” Posted at 10:05 AM by Howard BashmanFriday, October 13, 2017
“My attempt at jury duty failed — because I’m a nursing mother”: Judith P. Miller has this essay online at The Chicago Tribune. Posted at 4:28 PM by Howard Bashman“Trump’s Latest Travel Ban Could Be the Toughest to Challenge; Earlier iterations of the executive order were rushed and unpolished; But the third version could very well pass the Supreme Court’s test”: Law professor Garrett Epps has this essay online at The Atlantic. Posted at 2:38 PM by Howard Bashman“The Left’s New Plan to Gut Religious-Liberty Protections; In a flurry of pending court cases, liberals are arguing for a radical reinterpretation of the Constitution’s establishment clause”: Margot Cleveland has this essay online at National Review. Posted at 2:03 PM by Howard BashmanThis Red Hot class action doesn’t belong in federal court, Eighth Circuit rules: You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Posted at 1:54 PM by Howard Bashman“Why courts ruled in NFL’s favor, allowing league to enforce Ezekiel Elliott’s suspension immediately”: Kate Hairopoulos has this front page article in today’s edition of The Dallas Morning News. Drew Davison of The Fort Worth Star-Telegram reports that “Court ruling OKs NFL’s investigation process, Ezekiel Elliott now suspended.” In today’s edition of The New York Times, Benjamin Hoffman has an article headlined “Ezekiel Elliott’s 6-Game N.F.L. Suspension Reinstated by Court.” Lauren Theisen of Deadspin.com reports that “Appeals Court Vacates Ezekiel Elliott’s Injunction, Clears Path To Suspension.” At SI.com’s “MMQB” blog, Michael McCann has a post titled “Ezekiel Elliott Suspension: Breaking Down Remaining Legal Options for the Cowboys RB.” And Austin Knoblauch of NFL.com has a report titled “What happens next in the Ezekiel Elliott case?” Yesterday, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this non-precedential ruling in the case. Update: After this post originally appeared, the Fifth Circuit reissued its ruling in this case as a published decision. Posted at 1:48 PM by Howard BashmanThursday, October 12, 2017
“Judicial ‘Blue Slips’ Give Single Senators Too Much Say; The filibuster for court nominees is gone; This custom can end too”: Law professor Noah Feldman has this essay online at Bloomberg View. Posted at 11:30 PM by Howard BashmanEleventh Circuit Judge Kevin C. Newsom makes a strong case for prompt inclusion among my 13 favorite writers now serving in the federal appellate judiciary: For one reason or another, a couple of vacancies now exist on that list. Judge Newsom’s most recent published opinion issued today on behalf of a unanimous three-judge panel can be accessed here. If added to that list, Newsom would give the Eleventh Circuit three representatives, rivaling the Seventh Circuit back when it had Terence T. Evans in addition to Posner and Easterbrook. A new Sixth Circuit judge with the initials ART is also very much in the running to join that list. And say what you will about the ideology (actual or perceived) of President Trump’s current federal appellate court nominees, but it seems indisputable that several more very talented writers are among that group. Posted at 11:15 PM by Howard Bashman“The radical ideology of this Trump nominee makes even the most conservative SCOTUS justices uneasy: It’s a nice government you have there; Would be a shame if someone breaks it.” Online at ThinkProgress, Ian Millhiser has an essay that begins, “Justice Don Willett is charming.” Posted at 8:20 PM by Howard Bashman“Justices Weigh Immunity for Corporations in Human Rights Cases Abroad”: Adam Liptak has this article in today’s edition of The New York Times. In today’s edition of The Washington Post, Robert Barnes has an article headlined “High court wrestles with law letting foreign citizens sue overseas firms.” In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Supreme Court Hears Arguments in Case Against Jordan’s Arab Bank; Justices consider an 18th Century statute authorizing foreigners to file cases in U.S. alleging violations of international law.” Richard Wolf of USA Today reports that “Supreme Court divided over Mideast terrorism financing.” Greg Stohr of Bloomberg News reports that “U.S. Supreme Court May Shield Companies From Human-Rights Lawsuits.” Lawrence Hurley of Reuters reports that “U.S. justices question Arab Bank liability in militant attacks.” And Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a post titled “Justice Gorsuch’s strange detour in Alien Tort Statute case.” You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Jesner v. Arab Bank, PLC, No. 16-499. Posted at 8:04 PM by Howard Bashman“NC county asks US Supreme Court to reaffirm freedom to pray before public meetings; Rowan County request gives high court opportunity to clear up conflicts between lower courts”: Alliance Defending Freedom has issued this news release about a petition for writ of certiorari filed today. Posted at 4:22 PM by Howard BashmanWednesday, October 11, 2017
“No Rehearing in Fight Over Berkeley Cellphone Warning”: Nicholas Iovino of Courthouse News Service has this report on an order, accompanied by a concurring and a dissenting opinion, denying rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 11:22 PM by Howard Bashman“Statement on Confidentiality of Court Materials”: The U.S. Court of Appeals for the Seventh Circuit has posted online this document, which includes as an attachment a letter that Chief Judge Diane P. Wood received from the Committee on Codes of Conduct of the Judicial Conference of the United States. Posted at 11:14 PM by Howard Bashman“Blogging partner rampages against Third Circuit ruling”: Matthew Stiegler has this post at his “CA3blog.” Posted at 11:00 PM by Howard Bashman“The Guy in the Bully Pulpit Can’t Be a Bully; The Constitution doesn’t allow Trump to use the IRS to punish the NFL over player protests: It’s a free-speech thing.” Law professor Noah Feldman has this essay online at Bloomberg View. Posted at 10:33 PM by Howard Bashman |
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