How Appealing

Wednesday, August 8, 2018

“Justices reject ‘outercourse’ argument, uphold ex-Stanford swimmer’s sexual assault conviction”: Tracey Kaplan of The San Jose Mercury News has this report.

Nanette Asimov of The San Francisco Chronicle reports that “Brock Turner loses appeal of his conviction in Stanford sexual assault case.”

And Paul Elias of The Associated Press reports that “Court upholds ex-Stanford swimmer’s sex assault conviction.”

You can access today’s unpublished ruling of the California Court of Appeal for the Sixth Appellate District at this link.

Posted at 10:55 PM by Howard Bashman

“The next Supreme Court pick could shape Indian law for decades; The highest court in the land holds legal power over tribal nations, but it lacks knowledge of tribal law”: Anna V. Smith of High Country News has this report.

Posted at 10:22 PM by Howard Bashman

“West Virginia Supreme Court Faces Impeachment Threat; Lawmakers recommend removing all four members after a probe over spending”: Jacob Gershman has this article in today’s edition of The Wall Street Journal.

Emily Birnbaum of The Hill reports that “West Virginia House committee votes to impeach entire state Supreme Court.”

Nina Golgowski of HuffPost reports that “There’s A Lot Of Drama Right Now With The West Virginia Supreme Court; Four of the judges, accused of misusing nearly $4 million, face impeachment; One justice has already resigned.”

And Mark Curtis of CBS affiliate WOWK-TV of Huntington, West Virginia reports that “Supreme Court Tour Sealed Justices Fate.”

Posted at 10:16 PM by Howard Bashman

“Former Nebraska Supreme Court judge is pulled off Sarpy County case because of potential conflict of interest”: Alia Conley of The Omaha World-Herald has an article that begins, “The former Nebraska Supreme Court judge who resigned after a history of making sexual comments no longer will help Sarpy County defend a lawsuit.”

Posted at 8:45 PM by Howard Bashman

“Stop worrying about Kavanaugh, liberals. Start winning the political argument. Addiction to rule-by-judges is undemocratic and, increasingly, a political loser for liberals.” Law professor Samuel Moyn has this essay online at The Washington Post.

Posted at 5:46 PM by Howard Bashman

You can now register online to attend the 2018 Appellate Judges Education Institute Summit taking place this November in Atlanta: The online registration page can be accessed here. And the program schedule can be viewed at this link.

The annual AJEI Summit in my view presents the best, most up-to-date, appellate-focused CLE programming available. Among the sessions that I am looking forward to attending: “Nationwide Injunctions: Are They Good Law? Are They Good Policy?” featuring panelists Samuel Bray and Amanda Frost, moderated by Amy Mil Totenberg; “#MeToo/Best Practices for Appellate Courts to Address Past and Avoid Future Sexual Harassment Claims” featuring panelists Jaime Santos, Erica Mason, and David F. Hamilton; “Supreme Court Preview: What’s on the Plate and (Potentially) Down the Road?: featuring panelists Kannon Shanmugam and Robert Schapiro; “Crossing the Bar in 140 Characters or Less: Should Judges Use Social Media to Engage with the Public?” featuring Stephen Dillard, moderated by Howard Bashman; and “Is Constitutional Law, Law?” featuring panelists Eric Segall, Ernie Young, David Nahmias, and Kevin Newsom.

Posted at 1:50 PM by Howard Bashman

“Brett Kavanaugh once predicted ‘one race’ in the eyes of government. Would he end affirmative action?” In today’s edition of The Washington Post, Ann E. Marimow has a front page article that begins, “In the spring of 2015, Brett M. Kavanaugh returned to his alma mater in New Haven, Conn., to address the Black Law Students Association. The student who introduced him said Kavanaugh was concerned that African Americans and other minorities were being shut out of coveted clerkships with federal judges like him.”

Posted at 1:04 PM by Howard Bashman