How Appealing



Tuesday, October 23, 2018

“Presiding Over the Harvard Admissions Trial: A Judge Who Was Rejected From Harvard.” Anemona Hartocollis has this article in today’s edition of The New York Times.

In today’s edition of The Boston Globe, Deirdre Fernandes has a front page article headlined “Harvard’s well-off outnumber low-income students 23 to 1.”

Jessica Wang, Nicole Hong, and Melissa Korn of The Wall Street Journal have an article headlined “Breakdown of the Harvard Admissions Process: Trial documents reveal how the elite school chooses its students.”

From The Harvard Crimson, Aidan F. Ryan has an article headlined “In First Day of Testimony, Khurana Says It’s Okay Harvard Skews Wealthy.” And Delano R. Franklin and Samuel W. Zwickel report that “Harvard, SFFA Debate Whether Race or Income Should Reign Supreme in Admissions Process.”

And online at Gallup, Frank Newport has a report headlined “The Harvard Affirmative Action Case and Public Opinion.”

Posted at 3:34 PM by Howard Bashman



“Corporate-Funded Judicial Boot Camp Made Sitting Federal Judges More Conservative”: David Dayen has this report online at The Intercept.

Posted at 1:48 PM by Howard Bashman



“Our inevitably living Constitution”: Sandy Levinson has this post at the “Balkinization” blog.

That blog is hosting a symposium on Jonathan Gienapp‘s new book, “The Second Creation: Fixing the American Constitution in the Founding Era.”

In earlier entries in that symposium, Mark Graber has a post titled “Fixation as a Constitutional Rhetoric.”

Alison L. LaCroix has a post titled “The Invention of the Archival Constitution.”

Christina Mulligan has a post titled “Evolving into the Fixed Constitution.”

Bernadette Meyler has a post titled “The Second Creation and Its Implications.”

Gerard N. Magliocca has a post titled “Fixation and Legitimacy.”

And Jack Balkin has a post titled “The Second Creation and Originalist Theory.”

Posted at 1:36 PM by Howard Bashman



“Retired Supreme Court justice Sandra Day O’Connor announces she is withdrawing from public life because of dementia”: Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that “Sandra Day O’Connor, the nation’s first female Supreme Court justice, reveals dementia diagnosis.”

Jess Bravin of The Wall Street Journal reports that “Sandra Day O’Connor, First Woman on Supreme Court, Diagnosed With Dementia; The justice, who is withdrawing from an influential post-retirement career, wielded the court’s deciding vote for two dozen years.”

Richard Wolf of USA Today reports that “Former Supreme Court Justice Sandra Day O’Connor announces dementia diagnosis.”

Matthew Haag of The New York Times reports that “Sandra Day O’Connor, First Female Supreme Court Justice, Says She Has Dementia.”

Jessica Gresko of The Associated Press reports that “Sandra Day O’Connor announces likely Alzheimer’s diagnosis.”

Lawrence Hurley of Reuters reports that “Trail-blazing retired U.S. Justice O’Connor says she has dementia.”

Greg Stohr of Bloomberg News reports that “Retired Justice Sandra Day O’Connor Says She Has Dementia.”

Ariane de Vogue and Veronica Stracqualursi of CNN report that “Justice O’Connor announces she has been diagnosed with dementia, ‘probably Alzheimer’s.’” And Joan Biskupic of CNN has a news analysis headlined “As she faces dementia, Sandra Day O’Connor is a pioneer again.”

Katherine Lam of Fox News reports that “Sandra Day O’Connor, former Supreme Court justice, says she has ‘beginning stages of dementia.’

And Chris Geidner of BuzzFeed News reports that “Sandra Day O’Connor, The First Woman On The Supreme Court, Has Dementia And Is Withdrawing From Public Life.”

Posted at 1:18 PM by Howard Bashman



“Identity Politics in Overdrive: From the Kavanaugh hearings to a lawsuit alleging that Harvard discriminates against Asian-Americans, the Left sees ‘white supremacy’ at the heart of everything.” Heather Mac Donald has this post online at City Journal.

Posted at 10:58 AM by Howard Bashman



“Trump Appeals Court Nominee Is Working to End Affirmative Action at Harvard; Michael Park has also defended efforts to defund Planned Parenthood and block a migrant teenager’s abortion”: Stephanie Mencimer of Mother Jones has this report.

Posted at 10:53 AM by Howard Bashman



“Tsarnaev’s hospital interrogation submitted as part of death penalty appeal”: John R. Ellement of The Boston Globe has this report.

Posted at 10:49 AM by Howard Bashman



“The Supreme Court Has a Chance to Enforce Heller“: Mitchell Rocklin has this post at National Review’s “Bench Memos” blog.

Posted at 9:08 AM by Howard Bashman



“The Supreme Court’s 30 years war is finally over”: Hugh Hewitt has this essay online at The Washington Post. Therein, he writes, “The ’30 years war’ for the court, begun with the rejection of Robert H. Bork’s nomination, has been won.”

Posted at 9:02 AM by Howard Bashman



“Bill Cosby, Appealing Conviction, Hires 12th Firm and 20th Lawyer”: Graham Bowley has this article in today’s edition of The New York Times.

Posted at 8:50 AM by Howard Bashman



“Young People Are Suing the Trump Administration Over Climate Change. She’s Their Lawyer.” John Schwartz of The New York Times has this report.

Posted at 8:45 AM by Howard Bashman



“The Far-Reaching Threats of a Conservative Court: Will the Supreme Court wipe out the government protections that have shielded Americans from abusive business practices since the New Deal?” Law professor Eric Posner has this essay online at The New York Times.

Posted at 8:36 AM by Howard Bashman



Monday, October 22, 2018

“Google wants Supreme Court to hear Oracle copyright case — just not quite yet”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 11:12 PM by Howard Bashman



“Sweet Cakes owners appeal to U.S. Supreme Court”: Elliot Njus of The Oregonian has an article that begins, “The owners of a shuttered Gresham bakery fined by the state after refusing to make a wedding cake for a lesbian couple want to take their case to the U.S. Supreme Court.”

You can view the petition for writ of certiorari at this link.

Posted at 11:08 PM by Howard Bashman



“Louisiana Might Finally Get Rid of Its Century-Old, Racist Jury System: Will it vote to join 48 other states in requiring a unanimous vote for a guilty verdict?” Dillon Lowe has this jurisprudence essay online at Slate.

Posted at 10:52 PM by Howard Bashman



“The Rise of an Elite Judicial Fraternity: The trend of former Supreme Court clerks becoming justices is new; But conservative groups are betting it will continue.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 10:45 PM by Howard Bashman



“Louisiana Ballot Measure Would Overturn Segregation-Era Law; Amendment that would require unanimous jury for felony conviction has bipartisan support”: Cameron McWhirter of The Wall Street Journal has this report.

Posted at 7:26 PM by Howard Bashman



“‘Be prepared for the worst’: Bollinger warns that legal challenges could mean an end to affirmative action.” Mihika Nadig and Karen Xia of The Columbia Spectator have this report.

Posted at 5:07 PM by Howard Bashman



“How Blatant Must a Prosecutor’s Racism Be for the SCOTUS to Notice?” Michael C. Dorf has this post at “Dorf on Law.”

Posted at 1:42 PM by Howard Bashman



“Professor Stephen Yelderman to clerk for Supreme Court Justice Neil Gorsuch​​​​​​​”: Kevin Allen of the Notre Dame Law School has this report online.

Posted at 1:38 PM by Howard Bashman



“Senate Judiciary Committee Keeps Humming Along”: Ed Whelan has this post at National Review’s “Bench Memos” blog.

Posted at 1:35 PM by Howard Bashman



“Originalism is the rage, but Constitution’s authors had something else in mind”: Jonathan Gienapp has this essay online at The Boston Globe.

And Alex Shashkevich of Stanford News reports that “New Stanford research reexamines the story of the U.S. Constitution’s creation; Stanford historian Jonathan Gienapp analyzed debates of early U.S. lawmakers in the decade following the Constitution’s creation; He argues these discussions shaped how Americans view this important document today.”

The title of Gienapp’s new book is “The Second Creation: Fixing the American Constitution in the Founding Era.”

Posted at 1:32 PM by Howard Bashman



“Question at center of Harvard trial: What counts as discrimination?” Deirdre Fernandes has this front page article in today’s edition of The Boston Globe.

Joan Biskupic of CNN reports that “The Harvard admission trial puts the school’s dirty secrets on display.”

And from The Harvard Crimson, Alexandra A. Chaidez, Molly C. McCafferty, and Aidan F. Ryan have an article headlined “‘This Is Not Who I Am’: For Harvard Admissions Dean, The Trial Is Personal.” Shera S. Avi-Yonah and Molly C. McCafferty have an article headlined “Asian-American Harvard Admits Earned Highest Average SAT Score of Any Racial Group From 1995 to 2013.” And the newspaper has published an editorial titled “Wealthy Applicants Should Not Get a Leg Up in Admissions.”

Posted at 11:02 AM by Howard Bashman



“What Is Harvard Trying to Hide? For years, reporters have been trying to get elite universities to be more transparent about their admissions process. It might take a court to pry it all open — with unforeseen consequences.” Josh Gerstein has this report online at Politico Magazine.

Posted at 10:48 AM by Howard Bashman



Sunday, October 21, 2018

“Dockets, ratings and ‘tips’: How Harvard admissions selects a student; Trial shows how Ivy League university gets from 40,000-plus applications to 2,000 offers.” Nick Anderson of The Washington Post has this report.

Posted at 10:02 PM by Howard Bashman