How Appealing



Wednesday, November 22, 2017

“Against the positive law model in the Carpenter cell-site case”: Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 2:00 PM by Howard Bashman



“Let’s Settle the Legality of DACA Now; The Trump administration can bypass lower courts by asking the Supreme Court to hear an Arizona case”: Law professor Josh Blackman has this essay online at National Review.

Posted at 1:35 PM by Howard Bashman



“Former UMKC lecturer sues over class cancellation; Henry Lyons claims he was improperly punished after calling attention to alleged academic irregularities involving an athlete at UMKC”: Dave Helling of The Kansas City Star had this article back in July 2013.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued this decision ordering the dismissal of the lecturer’s damages claims.

Posted at 1:12 PM by Howard Bashman



Tuesday, November 21, 2017

“7th Circ. Denies EEOC Rehearing Bid In Autozone Bias Suit”: Adam Lidgett of Law360.com has a report (subscription required for full access) that begins, “A split Seventh Circuit rejected Tuesday the U.S. Equal Employment Opportunity Commission’s request for a full court review of a June panel finding that AutoZone did not discriminate against a black employee by transferring him because of his race.”

You can access today’s order of the U.S. Court of Appeals for the Seventh Circuit denying rehearing en banc, and the dissent therefrom, at this link.

Posted at 9:57 PM by Howard Bashman



“Seek balance on polling place speech: Preserving free speech while protecting voters is a balance that deserves careful consideration.” The Minneapolis Star Tribune has published this editorial.

Posted at 9:48 PM by Howard Bashman



“The Supreme Court Is a Dangerous Conservative Obsession; The Courts are important, but cultural arguments have a larger impact”: David French has this essay online at National Review.

Posted at 7:46 PM by Howard Bashman



“Patent ‘Trolls’ Recede as Threat to Innovation. Will Justices Change That?” Eduardo Porter has this post online at The New York Times.

Posted at 7:42 PM by Howard Bashman



“Making the judiciary great again: Donald Trump’s new contenders for the Supreme Court; The president’s new list sends an unsubtle message to Justice Anthony Kennedy.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

Posted at 1:22 PM by Howard Bashman



“Carpenter v. United States and the positive law model”: Will Baude has this post at “The Volokh Conspiracy.”

Posted at 1:07 PM by Howard Bashman



“Judge Kim McLane Wardlaw Makes Her Mark”: Ed Whelan has this post at National Review’s “Bench Memos” blog.

Posted at 1:04 PM by Howard Bashman



“Justice Department investigating Harvard over its admission policies”: Laura Krantz and Deirdre Fernandes of The Boston Globe have this report.

Susan Svrluga and Nick Anderson of The Washington Post report that “Justice Department investigating Harvard’s affirmative-action policies.”

Laura Jarrett of CNN.com reports that “Justice Dept. investigating Harvard over affirmative action policies.”

And Dominic Holden and Molly Hensley-Clancy of BuzzFeed News report that “The Justice Department Is Threatening To Sue Harvard To Get Its Admissions Records; The Trump administration is drilling down on affirmative action.”

Posted at 12:54 PM by Howard Bashman



“Don’t believe Roy Moore’s accusers? Then listen to Moore.” Columnist Kyle Whitmire has this essay online at AL.com.

Posted at 9:40 AM by Howard Bashman



Monday, November 20, 2017

“Supreme Court Justice Stephen Breyer speaking at University of South Carolina’s winter commencement”: Andy Shain of The Post and Courier of Charleston, South Carolina has this report.

Posted at 9:58 PM by Howard Bashman



“NFL concussion case: Can MDL judges police plaintiffs’ funding deals?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:50 PM by Howard Bashman



“Too much ado about Trump’s ‘outsourced’ Supreme Court list”: Michael McGough has this essay online at The Los Angeles Times.

Posted at 9:42 PM by Howard Bashman



“Justice at Last for the Youngest Inmates?” The New York Times has published an editorial that begins, “How many times does the Supreme Court have to repeat itself before its message gets through? In the case of life-without-parole sentences for juveniles, the answer seems to be: at least one more time.”

Posted at 8:40 PM by Howard Bashman



“Who’s On the Case: Successful Cert Petitions 2017.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 5:52 PM by Howard Bashman



“Is Trump Restoring Separation of Powers? Several of his officials are working to contain the administrative state.” Law professor Josh Blackman has this essay online at National Review.

Posted at 2:00 PM by Howard Bashman