How Appealing



Wednesday, March 21, 2018

“A ‘view’ from the courtroom: Just another (snowy) workday here.” Mark Walsh has this post at “SCOTUSblog.”

Posted at 5:11 PM by Howard Bashman



“Do California public institutions of higher education and their employees have a duty of care to their students while in the classroom to warn them of and protect them from foreseeable acts of violence by fellow students?” At 10 a.m. pacific time (1 p.m. eastern time) tomorrow, the Supreme Court of California is scheduled to issue an opinion deciding this issue.

Posted at 4:10 PM by Howard Bashman



“Marvin Gaye heirs prevail in appeal over ‘Blurred Lines’ plagiarism”: Jonathan Stempel of Reuters has this report.

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “‘Blurred Lines’ Verdict Upheld by Appeals Court in Win for Marvin Gaye Family; The 9th Circuit won’t order a new trial and affirms damage awards against Robin Thicke and Pharrell Williams, while reversing an award against rapper T.I.

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

Posted at 1:18 PM by Howard Bashman



“Justices Skeptical About California Law Being Challenged By Anti-Abortion Clinics”: Nina Totenberg had this audio segment on yesterday evening’s broadcast of NPR’s “All Things Considered.”

Posted at 11:33 AM by Howard Bashman



“Law Twitter Is Having a Fun Time Mocking Neil Gorsuch’s Writing Style”: Amanda Whiting of Washingtonian magazine has this post.

Posted at 10:50 AM by Howard Bashman



“Court: Mexican family can’t sue agent in cross-border death.” Kevin McGill of The Associated Press has a report that begins, “A U.S. Border Patrol agent who fired his gun in Texas and fatally wounded a teenager across the Mexican border in 2010 cannot be sued by the teen’s family, a federal appeals court ruled Tuesday, in a ruling that cited diplomatic and national security concerns.”

You can access yesterday’s en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 10:39 AM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Manuel Ayestas v. Davis, No. 16-6795. Justice Sonia Sotomayor issued a concurring opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument transcript at this link.

2. And Justice Stephen G. Breyer delivered the opinion of the Court in Marinello v. United States, No. 16-1144. Justice Clarence Thomas issued a dissenting opinion, in which Justice Alito joined. You can access the oral argument transcript at this link.

Posted at 10:03 AM by Howard Bashman



“Charges consolidated for Magbanua”: Karl Etters of The Tallahassee Democrat has an article that begins, “Charges were consolidated against the woman accused of being a conduit between Dan Markel’s former in-laws and the hitmen investigators say shot him in his garage.”

Posted at 9:51 AM by Howard Bashman



Tuesday, March 20, 2018

“William Howard Taft and the Constitution”: The National Constitution Center has posted the video of this event from earlier this evening on YouTube.

I recently received a second review copy of Jeffrey Rosen’s new book, making me think that perhaps a give-away contest for interested readers of this blog may be in order.

Posted at 9:54 PM by Howard Bashman



“Appeals court considers ‘how long is too long’ in challenge to Guantanamo detention”: Ann E. Marimow and Missy Ryan of The Washington Post have this report.

Posted at 9:14 PM by Howard Bashman



“Federal appeals court upholds Utah’s controversial election law”: Dennis Romboy of The Deseret News has this report.

Lee Davidson and Dan Harrie of The Salt Lake Tribune report that “10th Circuit Court rules against Utah Republican Party’s attempt to overturn signature-gathering election law.”

And Michelle L. Price of The Associated Press reports that “Appeals court rules against Utah GOP, upholds nominating law.”

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

Posted at 8:54 PM by Howard Bashman



“Commander v. Chief: The lessons of Eisenhower’s civil-rights struggle with his chief justice Earl Warren.” Michael O’Donnell has this book review in the April 2018 issue of The Atlantic.

Posted at 6:00 PM by Howard Bashman



“UCI Law presents The Supreme Court’s Past, Present and Future, a conversation with UCLA Law Prof. Adam Winkler and UCI Law Prof. Rick Hasen to discuss their newly released books”: The event will be livestreamed via this link beginning at 8:30 p.m. eastern time tonight.

Posted at 5:54 PM by Howard Bashman



“Chief Justice Roberts Is Reshaping The First Amendment”: Amelia Thomson-DeVeaux has this post at FiveThirtyEight.

Posted at 5:48 PM by Howard Bashman



“Even tort reformers can’t abide 9th Circuit’s notorious Hyundai ruling”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 5:40 PM by Howard Bashman



“Supreme Court Warily Eyes California Law Involving Abortion and Free Speech”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court questions California law requiring antiabortion centers to disclose that the state provides abortion services.”

David G. Savage of The Los Angeles Times reports that “California disclosure law for pregnancy centers faces skeptical questions in Supreme Court.”

Richard Wolf of USA Today reports that “Supreme Court skeptical of California law requiring information about abortion.”

Mark Sherman of The Associated Press reports that “Supreme Court questions crisis pregnancy center law.”

Andrew Chung and Lawrence Hurley of Reuters report that “U.S. high court skeptical toward California law on anti-abortion centers.”

Josh Gerstein of Politico reports that “Supreme Court hostile to part of California law aimed at ‘crisis pregnancy centers’; Justices troubled by provisions forcing advertising disclosures on anti-abortion advocates.”

And in commentary, Ian Millhiser of ThinkProgress has an essay titled “A law targeting deceptive anti-abortion clinics had a brutal day in the Supreme Court; The best case scenario for pro-choice advocates is a narrow opinion.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in National Institute of Family and Life Advocates v. Becerra, No. 16-1140.

Posted at 3:12 PM by Howard Bashman



“Scrunchies, Scourge of the 1980s, Are Back; The puffy hair accessory is now making appearances at work, raising questions about its place in the office; Justice Ginsburg’s decision”: Katherine Bindley will have this front page article in Wednesday’s edition of The Wall Street Journal.

Posted at 2:50 PM by Howard Bashman