How Appealing



Thursday, August 13, 2020

“Justice Dept. Accuses Yale of Discrimination in Application Process; The Trump administration said the university discriminated against Asian-American and white applicants; Yale defended its practices and vowed to maintain them”: Anemona Hartocollis of The New York Times has this report.

Melissa Korn of The Wall Street Journal has an article headlined “Yale Discriminated by Race in Undergraduate Admissions, Justice Department Says; Federal officials give university two weeks to agree to adjust practices or face lawsuit after probe finds white, Asian-American applicants rejected based on race.”

Ed Stannard of The New Haven Register reports that “Justice Department finds Yale biased against Asian, white applicants.”

And in commentary, The Wall Street Journal has published an editorial titled “Justice Goes to Yale; The university is told it is violating Title VI of the Civil Rights Act.”

Posted at 10:26 PM by Howard Bashman



“Supreme Court Lets Rhode Island Make Voting by Mail Easier Amid Pandemic; The court rejected a request from Republicans to block an order suspending a requirement that witnesses or a notary observe the completion of absentee ballots”: Adam Liptak of The New York Times has this report on an order that the U.S. Supreme Court issued today.

Posted at 10:02 PM by Howard Bashman



“11th Circuit Upholds Convictions of Men Who Smuggled Cuban Baseball Players into US”: Aimee Sachs of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.

Posted at 9:00 PM by Howard Bashman



“National Injunction Developments; New opinions from the Fourth and Ninth Circuits”: Samuel Bray has this post at “The Volokh Conspiracy.”

Posted at 8:46 PM by Howard Bashman



“Defendant Induced to Self-Incriminate Gets Habeas Hearing”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

Circuit Judge Robin S. Rosenbaum‘s majority opinion contains a lengthy footnote explaining Scylla and Charybdis. The footnote concludes with lyrics from The Police (the band, not the law enforcement agency).

Posted at 1:35 PM by Howard Bashman



“U.S. Appeals Court Throws Out Antitrust Ruling Against Qualcomm; Court rules federal government hadn’t shown chip maker engaged in illegal monopolization”: Brent Kendall and Asa Fitch had this front page article in yesterday’s edition of The Wall Street Journal.

In yesterday’s edition of The New York Times, Don Clark had an article headlined “In Victory for Qualcomm, Appeals Court Throws Out Antitrust Ruling; A three-judge panel reversed a 2019 ruling that found that Qualcomm had abused its monopoly position in wireless chips.”

Bob Egelko of The San Francisco Chronicle reports that “Qualcomm cleared of antitrust violations in smartphone case.”

Mike Freeman of The San Diego Union-Tribune reports that “Qualcomm wins reversal of antitrust verdict in long-running battle with the FTC.”

Stephen Nellis and Jan Wolfe of Reuters report that “U.S. appeals court reverses antitrust ruling against Qualcomm.”

Susan Decker, Ian King, and Malathi Nayak of Bloomberg News report that “Qualcomm Win in Antitrust Suit Restores Lucrative Licensing.”

Matthew Renda of Courthouse News Service reports that “Ninth Circuit Tosses Billion-Dollar FTC Suit Against Qualcomm.”

In commentary, yesterday’s edition of The Wall Street Journal contained an editorial titled “A Defeat for Antitrust Adventurism; An appeals court rebukes the FTC’s assault on Qualcomm.”

Online at The Wall Street Journal, law professor John O. McGinnis and Linda Sun have an essay titled “Justice-FTC Antitrust Feud Is the Wrong Kind of Competition; A congressional drafting error from 1914 led the agencies to clash in court over Qualcomm.”

And at “Techdirt,” Mike Masnick has a post titled “It Was Nice While It Lasted: 9th Circuit Rejects Lower Court Ruling On How Abuse Of Patent Monopolies Can Violate Antitrust.”

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

Thomas C. Goldstein argued the appeal for Qualcomm, and you can view the oral argument video on YouTube via this link.

Posted at 1:16 PM by Howard Bashman



“Meet Joe Biden’s Likeliest Picks for the Supreme Court; There are two clear front-runners for the first opening in a new administration”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 11:45 AM by Howard Bashman



“Supreme Court Asked to Review ‘Stairway to Heaven’ Fight; Led Zeppelin’s copyright win is challenged one last time”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 11:26 AM by Howard Bashman



“Stop experimenting with Supreme Court live audio and make it the norm”: This editorial appears in today’s edition of The Los Angeles Times.

Posted at 10:50 AM by Howard Bashman



“We Just Saw the Future of Anti-Abortion Laws; An appellate court has reinstated a bizarre grab bag of statutes that were invalidated more than three years ago”: Linda Greenhouse has this essay online at The New York Times.

Posted at 10:36 AM by Howard Bashman