How Appealing



Wednesday, October 12, 2016

“The Consumer Protection Agency Is Unusual. It’s Not Unconstitutional.” Law professor Cass R. Sunstein has this essay online at Bloomberg View.

Online at The Los Angeles Times, business columnist Michael Hiltzik has an essay titled “A conservative federal judge takes an overheated slap at the Consumer Financial Protection Bureau.”

And at the “Notice & Comment” blog of the Yale Journal on Regulation, Aaron Nielson has a post yesterday titled “D.C. Circuit Review — Reviewed: A Primer on Today’s CFPB Decision.”

Posted at 9:48 PM by Howard Bashman



“Bloomberg Law: Former Solicitor General Don Verrilli.” Donald Verrilli speaks with Greg Stohr and June Grasso in a podcast you can access via this link.

Posted at 9:35 PM by Howard Bashman



“Death sentence in doubt?” In today’s edition of The Oklahoman, Chris Casteel has a front page article that begins, “The U.S. Supreme Court on Tuesday ordered a new review of the death sentence given to an Oklahoma man convicted of killing a woman and her two children.”

Also in today’s edition of The Oklahoman, Nolan Clay has a front page article headlined “Some death row inmates have been executed despite same error in their cases; one resentenced to life.”

Posted at 9:18 PM by Howard Bashman



“Ruth Bader Ginsburg Was Never Really ‘Notorious RBG’: Her attacks on Colin Kaepernick dispel that myth once and for all.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:00 PM by Howard Bashman



Tuesday, October 11, 2016

“What if nature, like corporations, had the rights and protections of a person?” Chip Colwell has this essay online at The Conversation.

Posted at 3:14 PM by Howard Bashman



“Court Gives President More Power Over Consumer Agency Chief”: Stacy Cowley of The New York Times has this report.

Brent Kendall and Yuka Hayashi of The Wall Street Journal report that “Appeals Panel Deals Setback to Consumer-Watchdog Agency; Federal three-judge panel rules structure of CFPB is unconstitutional, but rejects idea of shutting down agency.”

Dave Boyer of The Washington Times reports that “Court deals setback to Obama on consumer board.”

Lisa Lambert and Nate Raymond of Reuters report that “U.S. court rules CFPB structure unconstitutional; bureau can still operate.”

Bloomberg News reports that “CFPB Director’s Power Trimmed by U.S. Appeals Court Ruling.”

The Associated Press has a report headlined “Appeals court: Consumer watchdog structure unconstitutional.”

Lorraine Woellert of Politico.com reports that “Court deals blow to ‘unconstitutionally structured’ Consumer Finance Protection Bureau.”

And Daniel Marans of The Huffington Post reports that “Elizabeth Warren’s Wall Street Watchdog Ruled Unconstitutional In Current Form; The appeals court decision won’t necessarily doom the Consumer Financial Protection Bureau.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 2:46 PM by Howard Bashman



“Taxis reversed: Appeals court rules in favor of Uber.” Andy Grimm of The Chicago Sun-Times has this report.

Hal Dardick of The Chicago Tribune has an article headlined “Appellate judge: Taxis and Ubers are dogs and cats when it comes to regulation.”

And Bruce Vielmetti of The Milwaukee Journal Sentinel reports that “Milwaukee taxi firms lose in the 7th Circuit.”

Last Friday, Circuit Judge Richard A. Posner — on behalf of the same three-judge panel of the U.S. Court of Appeals for the Seventh Circuit — issued two unanimous opinions in these cases, one involving Chicago and the other involving Milwaukee.

Posted at 9:54 AM by Howard Bashman



“U.S. top court to hear Apple-Samsung feud over iPhone designs”: Andrew Chung of Reuters has this report.

Brent Kendall of The Wall Street Journal reports that “Apple, Samsung to Argue Patent Case Before Supreme Court; High court to decide if a company can be required to pay all profits on products that infringe a patented design.”

Greg Stohr and Susan Decker of Bloomberg News report that “Apple and Samsung Take Design Dispute to Supreme Court.”

And Jon Swartz of USA Today reports that “Samsung, Apple headed for Supreme Court showdown.”

Posted at 8:20 AM by Howard Bashman



Monday, October 10, 2016

“Lessons From Pa.’s Judicial Retirement Age Ballot Fiasco”: Tomorrow’s edition of The Legal Intelligencer — Philadelphia’s daily newspaper for lawyers — will contain this new installment of my monthly “Upon Further Review” column.

The essay’s editor changed my use of the word “cogently” to “gently,” thus adding an unintended aspect of politeness to my appellate column this month.

Posted at 11:39 PM by Howard Bashman



“The Justices’ Surprising Support (Or Lack Thereof) for the U.S.” Adam Feldman has this post today at his “Empirical SCOTUS” blog.

Posted at 10:28 PM by Howard Bashman



“A New Era for the Supreme Court: The transformative potential of a shift in even one seat.” Lincoln Caplan has this article in the Fall 2016 issue of The American Prospect magazine.

Posted at 8:17 PM by Howard Bashman



“Hillary Clinton Has A Vision For The Supreme Court, And It Looks Like Sonia Sotomayor; Meanwhile, President Barack Obama’s nominee to the high court only got a passing mention, and not even by name”: Cristian Farias of The Huffington Post has this report.

Posted at 3:50 PM by Howard Bashman



Sunday, October 9, 2016

“How Ruth Bader Ginsburg Found Her Voice: A new study of the Supreme Court Justice’s accent says something about the way we all talk.” Katy Steinmetz of Time Magazine has this report.

Posted at 9:54 AM by Howard Bashman



Saturday, October 8, 2016

“How U.S. Torture Left Legacy of Damaged Minds: Beatings, sleep deprivation, menacing and other brutal tactics have led to persistent mental health problems among detainees held in secret C.I.A. prisons and at Guantanamo.” Matt Apuzzo, Sheri Fink, and James Risen will have this article in Sunday’s edition of The New York Times.

Posted at 11:25 AM by Howard Bashman



Friday, October 7, 2016

“Supreme Court Refuses To Tell The Senate To Do Its Job, While Merrick Garland Just Waits; It’s not really the court’s job to intervene in this political fight”: Cristian Farias of The Huffington Post has this report.

Posted at 3:39 PM by Howard Bashman