|
|
 |
 |
|
Monday, December 24, 2012 "2nd Circuit punts on constitutionality of judge's diversity effort": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. My earlier coverage of the Second Circuit's non-precedential ruling appears at this link. "Case Pits Adoptive Parents Against Tribal Rights": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 11:25 AM by Howard Bashman "Could Another 'Borking' Ever Succeed? In 1987, there were no websites or bloggers to counter a smear campaign led by Ted Kennedy." Columnist L. Gordon Crovitz has this op-ed today in The Wall Street Journal. You can freely access the full text of the op-ed via Google News. Sunday, December 23, 2012 "Contraceptives dispute reaches Court": Lyle Denniston has this post today at "SCOTUSblog." Posted at 09:10 PM by Howard Bashman "U.S. appeals court nominee Robert E. Bacharach may have to be nominated again next year; Oklahoma Sen. Tom Coburn blames 'inside politics' for possibility that Bacharach, who has strong bipartisan support, might not be confirmed this year": Chris Casteel has this article today in The Oklahoman. Posted at 09:04 PM by Howard Bashman "Obama's impact on federal judiciary": Robert Barnes will have this article Monday in The Washington Post. Update: The article appears to suggest that President Obama had nominated Goodwin Liu to serve on the D.C. Circuit, when in fact then-professor Liu had been nominated to the Ninth Circuit. This blog's previous coverage of that nomination can be accessed here and here, while this blog's previous coverage of the nominee's withdrawal can be accessed here and here. "Cats at Hemingway Museum Draw Tourists, and a Legal Battle": This article appears today in The New York Times. Posted at 08:32 AM by Howard Bashman Michael Kirkland of UPI is reporting: He has articles headlined "Under the U.S. Supreme Court: Are school massacres linked to violent video games?" and "The Year in Review 2012: Yes, Virginia, the U.S. Supreme Court does exist." Posted at 08:30 AM by Howard Bashman Saturday, December 22, 2012 "Elmbrook Church graduation case could go to Supreme Court": In Sunday's edition of The Milwaukee Journal Sentinel, Bruce Vielmetti will have an article that begins, "The 1st Amendment dispute over Brookfield public high school graduations inside Elmbrook Church could be headed to the U.S. Supreme Court. With the help of a religious liberty group, a Stanford University law professor and one of the country's biggest law firms, the Elmbrook School District on Friday filed a petition seeking high court review of a decision that went against the district in what advocates on both sides say could become one of the most significant church-state cases in years." You can access the petition for writ of certiorari at this link. "Iowa Supreme Court: Firing of attractive worker not harassment; A dentist said the woman was a threat to his marriage." This article appears today in The Des Moines Register. My earlier coverage of yesterday's Iowa Supreme Court ruling appears at this link. "Announcing the Green Bag bobbleheads' move to the Washington, DC office of O'Melveny & Myers LLP": The Green Bag has posted this video at YouTube. And an announcement at The Green Bag's web site is titled "Bobblehead forum conveniens." In the December 2012 issue of The Yale Law Journal: John H. Langbein has an article titled "The Disappearance of Civil Trial in the United States." Dylan O. Keenan has a note titled "Confronting Crawford v. Washington in the Lower Courts." And Monika Isia Jasiewicz has a comment titled "Copyright Protection in an Opt-Out World: Implied License Doctrine and News Aggregators." In the January 2013 issue of the ABA Journal magazine: Mark Walsh has an article headlined "Blood Simple: DWI Test Is Latest in a Series of SCOTUS 4th Amendment Cases." Lorelei Laird has an article headlined "The Dream Bar: Some Children Illegally Living in the United States Grow Up to Want to Be Attorneys." And Bryan A. Garner has an article headlined "Argument Talk: Tips for Litigators on Raising, Answering and Dropping Points." "The New Yorker must turn over unedited transcripts of interview with former Penn State President Graham Spanier": The Patriot-News of Harrisburg, Pennsylvania has this report. Posted at 10:14 AM by Howard Bashman "Judge denies Orie Melvin's legal arguments; Justice cannot use her position in the judiciary to evade charges": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "An Allegheny County judge on Friday denied a motion by suspended state Supreme Court Justice Joan Orie Melvin in which she claimed that she should not face criminal prosecution because of her position in the judiciary." The Pittsburgh Tribune-Review reports that "Judge denies Orie Melvin claim of immunity." And The Associated Press reports that "Judge says suspended Joan Orie Melvin isn't above criminal charges." According to these news reports, trial on these criminal charges is scheduled to begin on January 23, 2013. Third Circuit: "We must now decide whether and when [the] Supreme Court [of the Virgin Islands] may reject our pre-2007 interpretations of Virgin Islands law." A three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this interesting ruling yesterday. Posted at 10:00 AM by Howard Bashman "Appeals court puts hold on California gay conversion ban; The decision blocks the law designed to prevent therapists from trying to change minors' sexual orientation pending a ruling on its constitutionality": Maura Dolan has this article today in The Los Angeles Times. And The San Francisco Chronicle reports today that "Court puts hold on gay conversion law." My earlier coverage of yesterday's Ninth Circuit order appears in the post immediately below. Friday, December 21, 2012 "Court puts hold on gay conversion therapy ban": Maura Dolan of The Los Angeles Times has this news update. The Associated Press reports that "Court blocks California law banning gay therapy." And Bloomberg News reports that "California Gay Conversion Therapy Ban Blocked by Court." You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link. "Appeal against 3-day wait for SD abortion dropped": The Associated Press has this report. Posted at 05:04 PM by Howard Bashman Where were you on May 15, 2012? That morning, I argued an appeal before a three-judge panel of the Superior Court of Pennsylvania on behalf of my client in that case, Continental Bank. Today, the court issued this non-precedential ruling in that matter. Posted at 05:00 PM by Howard Bashman "Can a male employer terminate a female employee because the employer's wife, due to no fault of the employee, is concerned about the nature of the relationship between the employer and the employee?" So begins an opinion that the Supreme Court of Iowa issued today. In early news coverage, The Associated Press has a report headlined "Iowa court: Bosses can fire 'irresistible' workers." "Robert Bork: Of Great Successes and Great Failures." Law professor Richard Epstein has this blog post at "Ricochet." Posted at 03:09 PM by Howard Bashman "Former top patent judge: system works 'quite well,' needs to be 'stronger'; Prominent judges with radically different perspectives square off in debate": Timothy B. Lee has this blog post at Ars Technica, Posted at 02:54 PM by Howard Bashman "For decades, Slesinger and Disney have disputed the Winnie-the-Pooh rights in both state and federal courts as well as at the Board." So explains the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today. Back on June 17, 2011, John L. Welch had a post at "The TTABlog" titled "Applying Collateral Estoppel to the Ownership Issue, TTAB Enters Summary Judgment in 'WINNIE THE POOH' Trademark Dispute" about the ruling of the Trademark Trial and Appeal Board that gives rise to today's Federal Circuit decision. "U.S. appeals court revives VeriFone restatement lawsuit": Dan Levine of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 02:25 PM by Howard Bashman "Getting Nearer and Nearer": In the January 10, 2013 issue of The New York Review of Books, law professor David Cole will have this review of law professor Michael J. Klarman's book, "From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage." Posted at 01:28 PM by Howard Bashman "One of two escaped bank robbers nabbed on North Side": The Chicago Tribune has this news update. The Chicago Sun-Times has a news update headlined "Escapee Joseph 'Jose' Banks caught after daring jailbreak." And The Associated Press has a report headlined "FBI: 1 of 2 escaped Chicago inmates arrested." "Ky. court upholds decision in penis removal case": The Associated Press has this report on an unpublished ruling that the Kentucky Court of Appeals issued today. Posted at 01:18 PM by Howard Bashman "Use of Death Sentences Continues to Fall in U.S." Ethan Bronner has this article today in The New York Times. Posted at 12:54 PM by Howard Bashman "I Got a Second Chance After Robbing Banks -- And Others Should, Too; After serving a 12 year prison sentence, the author was able to build a meaningful life; Today's irrational laws are robbing young people of that opportunity": Shon Hopwood has this essay online today at The Atlantic. Posted at 12:08 PM by Howard Bashman "'Borking' Before Bork": Professor David Greenberg has this op-ed today in The New York Times. Posted at 12:05 PM by Howard Bashman "Judge dismisses suit challenging senate filibuster": The Associated Press has this report. At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Judge Voids Challenge of Senate Filibuster Rule." And at "SCOTUSblog," Lyle Denniston has a post titled "Filibuster challenge fails." You can access today's ruling of the U.S. District Court for the District of Columbia at this link. Thursday, December 20, 2012 "Appeals court rules against Hobby Lobby in contraception coverage case; A Denver-based federal appeals court denied the retail chain's bid to overturn a lower court's ruling on a part of the federal health care law regarding insurance coverage for contraception": The Oklahoman has this news update. Posted at 06:15 PM by Howard Bashman The contents of the December 2012 issue of the Harvard Law Review are now available online: You can access the contents via this link. Under the heading "Recent Cases," you can access items titled "First Circuit Invalidates Statute that Defines Marriage as Legal Union Between One Man and One Woman"; "Second Circuit Holds that Willful Blindness Is Knowledge in Digital Millennium Copyright Act Safe Harbor Provision"; and "D.C. Circuit Rejects Industry Challenges to New Greenhouse Gas Rules." Book giveaway update: I am pleased to report that, with three minutes to spare, this afternoon I received an email from a reader of this blog who was interested in receiving my review copy of the book "In the Name of Justice: Striving for the Rule of Law in China," written by law professor He Weifang. Tomorrow, the book will be on its way, free-of-charge, by U.S. mail to this reader. If the reader chooses to provide me with a review of the book, I will consider posting it here at "How Appealing." Posted at 05:46 PM by Howard Bashman "Borking Around": Michael Dolan has this blog post online today at The New Republic. Back in 1987, Dolan wrote an article headlined "The Bork Tapes" for the Washington City Paper. Posted at 05:32 PM by Howard Bashman "Meat company sues feds over horse slaughterhouse": The Associated Press has this report. Posted at 03:57 PM by Howard Bashman "Bank Robber's Lawyer Pitches Supreme Court on Machine Gun Law": Mike Scarcella has this post at "The BLT: The Blog of Legal Times." Posted at 03:04 PM by Howard Bashman "Appeals court declines to rehear GHG-rule challenge, tees up case for Supreme Court": Lawrence Hurley of Greenwire has this report. And the blog "D.C. Circuit Review" has a post titled "Greenhouse Gas Case Sparks Double Dissent from Denial of Rehearing En Banc." My earlier coverage of today's D.C. Circuit order appears at this link. Ninth Circuit holds that leases of land by San Diego to a nonprofit chartered by the Boy Scouts of America does not violate provisions of the California or U.S. Constitutions relating to the establishment of religion: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 01:36 PM by Howard Bashman "Asians: Too Smart for Their Own Good?" Northwestern University professor Carolyn Chen has this college admissions-related op-ed in today's edition of The New York Times. Posted at 01:30 PM by Howard Bashman "Remembering Bork: He was my teacher 30 years ago; I've spent my career proving him wrong." Law professor Akhil Reed Amar has this jurisprudence essay online at Slate. Posted at 01:24 PM by Howard Bashman "The Gun Lobby's Favorite Part Of The Health Law": NPR has this blog post. And at the "Opinionator" blog of The New York Times, University of Notre Dame philosophy professor Gary Gutting has a post titled "The N.R.A.'s Blockade on Science." "A conservative case for an assault weapons ban: If we can't draw a sensible line on guns, we may as well call the American experiment in democracy a failure." In today's edition of The Los Angeles Times, U.S. District Judge Larry Alan Burns (S.D. Cal.) has an op-ed that begins, "Last month, I sentenced Jared Lee Loughner to seven consecutive life terms plus 140 years in federal prison for his shooting rampage in Tucson." Posted at 12:14 PM by Howard Bashman "Georgia Doctors Ask Judge to Halt Midterm Abortion Limits": Bloomberg News has this report. Posted at 12:08 PM by Howard Bashman "Sirius XM Class-Action Settlement Upheld by Appeals Court": Bloomberg News has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today. Posted at 12:06 PM by Howard Bashman "EPA Carbon-Limits Challenge Won't Get Court Rehearing": Bloomberg News has this report on an order, accompanied by concurring and dissenting statements, that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 12:03 PM by Howard Bashman "Unlikely Lame-Duck Vote in 1980 Still Reverberates": Michelle Olsen has this post today at her "Appellate Daily" blog. Posted at 11:25 AM by Howard Bashman "Supreme Court's niqab ruling must balance religious freedom, defendant rights": Kirk Makin of The Toronto Globe and Mail has this preview of a ruling that the Supreme Court of Canada is expected to issue this morning. And CBC News reports that "Top court to rule if witness can wear niqab in court; Woman wants to testify with her face covered in childhood sexual assault case." Update: You can access today's ruling of Canada's highest court at this link. In early news coverage, Kirk Makin of The Toronto Globe and Mail has a news update headlined "Witness may be required to remove niqab while testifying: top court" that begins, "An Islamic witness may be required to remove her niqab veil to testify in court depending on the seriousness of the case and the intensity of her religious beliefs, the Supreme Court of Canada ruled Thursday." And The Associated Press reports that "Canada rules on wearing religious veil in court." "Judge halts fed move to seize Hathaway's Florida home; Delay may indicate justice ready to make deal on fraud charges": Today's edition of The Detroit News contains an article that begins, "A federal judge Wednesday temporarily halted attempts by the government to seize Michigan Supreme Court Justice Diane Hathaway's home in Florida, a possible sign Hathaway is considering a deal in the controversial land transaction case." And The Detroit Free Press reports today that "Hathaway gets 90-day stay in battle over Florida home." Wednesday, December 19, 2012 "Why Didn't Robert Bork Reach the Supreme Court? Because of politics, of course -- and that's fair enough." Seventh Circuit Judge Richard A. Posner has this essay online at Slate. And law professor Michael McConnell has a jurisprudence essay titled "What if Robert Bork Had Joined the Supreme Court? It probably would have been less politicized and more committed to the rule of law." "Supreme Court rulings limit options of gun-control task force": Michael Doyle of McClatchy Newspapers has this report. Posted at 05:38 PM by Howard Bashman "Federal prosecutors involved in escapee's case offered protection": The Chicago Sun-Times has this news update. And The Chicago Tribune has a news update headlined "FBI: Video shows escaped bank robbers getting into cab." "TSA Wants to Know if Airport Body Scanners Are Nuking You": David Kravets has this post today at Wired.com's "Threat Level" blog. Posted at 05:02 PM by Howard Bashman "Federal appeals court to hear claim by James 'Whitey' Bulger that judge is biased against him": The Boston Globe has this news update. Posted at 04:48 PM by Howard Bashman "Fears of an Asian Quota in the Ivy League": The New York Times has just posted online this "Room for Debate" discussion. Posted at 04:42 PM by Howard Bashman "Bork nomination fight altered judicial selection": Mark Sherman of The Associated Press has this report. Posted at 04:30 PM by Howard Bashman "Leahy to remain chair of Judiciary; Feinstein of Intel": CNN.com has this report. Posted at 04:17 PM by Howard Bashman "Postscript: Robert Bork, 1927-2012." Jeffrey Toobin has this blog post online at The New Yorker. Online at The New Republic, law professor Jeffrey Rosen has a blog post titled "We're Still Paying the Price for the Borking of Robert Bork." And online at The Atlantic, Andrew Cohen has an essay titled "The Sad Legacy of Robert Bork: The late judge didn't have a chance to move Supreme Court jurisprudence; But his failure to be confirmed had a profound and regrettable effect on how we nominate justices today." He writes a book, and I give it away to a reader of this blog who actually wants it: Yesterday's mail contained a review copy of the book "In the Name of Justice: Striving for the Rule of Law in China," written by law professor He Weifang (whose blog you can access here). It is not for me to explain why I would receive a review copy of this book, instead of a review copy of a new book whose subject matter seems much more relevant to this blog, such as "Scalia and Garner's Reading Law: The Interpretation of Legal Texts." Although my influence over the sort of books that people decide to send me apparently extends only so far, I have decided -- beginning now -- to ensure that any books that I receive that I am not inclined to read will be offered free of charge to a reader of this blog who actually wants the book. Here are the rules: (1) This offer is open only to individuals who have a mailing address in the United States; (2) If you want the book, you must send me an email explaining why you want the book; (3) The person whom I choose to receive the book will have the opportunity to email me a two-paragraph review of the book due not later than 30 days after receiving the book, which I may choose to publish at "How Appealing" together with the reviewer's name or (at a minimum) a description of the reviewer's relevant qualifications; and (4) The person whom I choose to receive the book will need to provide me with his or her name and mailing address, either in the original email that they send or in response to my email advising that he or she has been selected to receive the book. This book being offered right now apparently retails for $34.95 and is not guaranteed to arrive in time for the holidays. Any reader who is interested in receiving this book should send me an email that arrives at my blog's email account (appellateblog@hotmail.com) between now and 4 p.m. eastern time on Thursday, December 20, 2012. The book may be mailed to the lucky winner of this giveaway on Friday, December 21, 2012. The selection of a recipient will be within the sole discretion of this blog's author, and no appeals or original writs will be entertained. "Michael Douglas watches NY appeals fight over son": The Associated Press has a report that begins, "Michael Douglas has been watching from a New York courtroom audience as federal appeals judges consider the validity of his son's nearly 10-year prison sentence for drug crimes." Posted at 03:36 PM by Howard Bashman "On the Death of Judge Robert Bork": Paul J. Larkin, Jr., a former law clerk to Judge Bork, has this post at "The Foundry" blog of The Heritage Foundation. Posted at 03:26 PM by Howard Bashman "Religious challenge to health care law can continue": Michael Doyle of McClatchy Newspapers has this report. Posted at 03:22 PM by Howard Bashman "The New Yorker finds the U.S. Constitution ungrammatical": Mark Liberman had this post yesterday at "Language Log" commenting on an aspect of Jeffrey Toobin's blog post titled "So You Think You Know the Second Amendment?" Posted at 03:00 PM by Howard Bashman "The mother behind kids' long-shot legal crusade": Lawrence Hurley of Greenwire has this report. Posted at 02:55 PM by Howard Bashman "Former Solicitor General Returns to Law School to Teach Contracts": Columbia University issued this news release today. Posted at 01:20 PM by Howard Bashman "Gun control measures face new legal landscape": In today's edition of The Washington Post, Robert Barnes has an article that begins, "If the rhetoric about a legislative response to the Newtown, Conn., school shootings actually turns into legislation, it will do so in a legal landscape changed by the Supreme Court's 2008 decision that Americans have a constitutional right to gun ownership." And Greg Stohr of Bloomberg News reports that "Gun-Control Backers See No High Court Hurdle for Laws." "Conference committee drops ban on indefinite detention of Americans": Josh Gerstein of Politico.com has this blog post. Posted at 11:44 AM by Howard Bashman "The mark at issue here has two parts: a literal element, consisting of the words COCK SUCKER, and a design element, consisting of a drawing of a crowing rooster." So explains an opinion that the U.S. Court of Appeals for the Federal Circuit issued today. "The TTABlog" previously reported on the ruling of the Trademark Trial and Appeal Board in this case in a post that you can access here. "Robert H. Bork, Conservative Jurist, Dies at 85": The New York Times has this news update. The Washington Post has a news update headlined "Judge Robert H. Bork, conservative icon, dies at 85." David G. Savage of The Los Angeles Times has a news update headlined "Robert Bork, failed Supreme Court nominee, dies at age 85." The Wall Street Journal has a news update headlined "Former High Court Nominee Bork Dies." USA Today has a news update headlined "Former Supreme Court nominee Robert Bork dies; Bork became a hero to conservatives and a symbol of the heated debate over issues such as abortion." The Associated Press has a report headlined "Bork, whose failed nomination made history, dies." Bloomberg News reports that "Robert Bork, Judge Defeated in Supreme Court War, Dies at 85." David Ingram of Reuters reports that "Conservative U.S. jurist Robert Bork dies at 85." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Defeated Supreme Court Nominee Robert Bork Dead at 85." Update: Via YouTube, you can access a video tribute that the Federalist Society presented in 2007. Bork's C-SPAN appearances can be accessed via this link. And in October 2012, Adam J. White had an article in Commentary titled "Bork Won." "Daring jailbreak kicks off manhunt; 2 bank robbers rappel 15 stories from Loop lockup; police scour suburb where pair last seen": This article appears today in The Chicago Tribune. Posted at 08:37 AM by Howard Bashman "Partial win against birth control rule": Lyle Denniston has this post at "SCOTUSblog." Posted at 08:32 AM by Howard Bashman Tuesday, December 18, 2012 "Federal appeals court rules against New Orleans taxi drivers on all counts": The Times-Picayune of New Orleans has this news update reporting on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today. Posted at 10:50 PM by Howard Bashman "NYC's Met can keep Cezanne painting seized in Russian revolution": Nate Raymond of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today. Posted at 04:53 PM by Howard Bashman "Master of the Sock Puppets": Jack Hitt has this blog post online today at The New Yorker. In related coverage, The Times-Picayune of New Orleans reports that "Scandal in U.S. Attorney's Office is fodder for The New Yorker." "Personal Guns and the Second Amendment": This editorial appears today in The New York Times. Posted at 04:10 PM by Howard Bashman "Judge OKs Warrantless Cell-Site Data in Landmark Privacy Case": David Kravets has this post today at Wired.com's "Threat Level" blog. And yesterday at "The BLT: The Blog of Legal Times," Mike Scarcella had a post titled "Judge Rules for DOJ in Dispute over Cell Tower Data." "Mo. man receives $7,000 after arrest for flag desecration": Online at the First Amendment Center, David L. Hudson Jr. has a report that begins, "A Cape Girardeau, Mo., man arrested for desecrating an American flag must be paid $7,000 in compensatory damages, a federal judge has ruled." Posted at 03:00 PM by Howard Bashman "Supreme Court Gun Ruling Doesn't Block Proposed Controls": Adam Liptak will have this article Wednesday in The New York Times. Posted at 02:05 PM by Howard Bashman "Appeals court sides with newspaper in labor fight": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 01:11 PM by Howard Bashman "SWAT teams enter Tinley Park home in search for 2 escapees": The Chicago Tribune has this news update. Posted at 01:07 PM by Howard Bashman "Spurning the beach in Hawaii, senior judge moving to Texas to help out the Western District": Today at the "Tex Parte Blog" of Texas Lawyer, John Council has a post that begins, "It is safe to assume that most practicing lawyers and judges in the state of Texas have dreamed of retiring on the Hawaiian Islands at some point in their lives. And Senior U.S. District Judge David Ezra is planning a similar journey, except in reverse." Posted at 12:18 PM by Howard Bashman "Why It Might Be Hard to Completely Ban Gay Conversion Therapy: Is this treatment protected speech? Two California courts disagree." Law professor Garrett Epps has this essay online at The Atlantic. Posted at 12:14 PM by Howard Bashman "I write separately merely to remind the district judges of this circuit of the importance of careful consideration of the wisdom of imposing de facto life sentences." So begins a concurring opinion that Circuit Judge Richard A. Posner issued today in a case in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit unanimously dismissed as frivolous an appeal challenging the imposition of a 50-year federal sentence of imprisonment on a 46-year-old man convicted of producing child pornography. Posted at 12:09 PM by Howard Bashman Congratulations to the "Exemplary Legal Writing 2012 Honorees" of The Green Bag Almanac & Reader: You can view the list of works being honored at this link. Posted at 11:38 AM by Howard Bashman "Two bank robbers escape from Loop federal jail": The Chicago Sun-Times has this news update. Update: The Associated Press has a report headlined "2 inmates escape from federal prison in Chicago" that begins, "Two convicted bank robbers are at large after using a knotted rope or bed sheets to escape from a federal prison window high above downtown Chicago early Tuesday, a week after one of them made a courtroom vow of retribution." "New Data Shows Judicial Election Ad Spending Breaks Record at $29.7 Million; One Outside Group Spent $429,000 in Louisiana Election": The Brennan Center for Justice and Justice at Stake issued this news release yesterday. Posted at 11:00 AM by Howard Bashman "The Catch-22 of Eyewitness ID: Juries trust the memory of witnesses even when they shouldn't." Skye Nickalls has this jurisprudence essay online at Slate. Posted at 10:57 AM by Howard Bashman "30 Under 30: Law & Policy." Forbes has the details at this link. Posted at 09:24 AM by Howard Bashman "Post-Newtown gun legislation will hinge on 'Heller'": Marcia Coyle of The National Law Journal has this report. And online at The New Yorker, Jeffrey Toobin has a blog post titled "So You Think You Know the Second Amendment?" "Montana court rejects gay couples' equal benefits": The Associated Press has this report on a 4-to-3 ruling that the Supreme Court of Montana issued yesterday. The court also issued this synopsis of its ruling. Posted at 09:03 AM by Howard Bashman "How might Supreme Court justices view the gay-marriage issues before them?" Beth Hawkins has this report at MinnPost. Posted at 08:45 AM by Howard Bashman "Diehl-Armstrong asks Supreme Court to hear appeal in Erie pizza bomber case": The Erie (Pa.) Times-News has this report. Posted at 08:42 AM by Howard Bashman "Texas Voter ID Suit Put on Hold Till Supreme Court Rules": Bloomberg News has this report. Posted at 08:34 AM by Howard Bashman "Under the U.S. Supreme Court: Scalia in '08 -- Right to bear arms is 'not unlimited.'" Michael Kirkland of UPI has this report. Ariane de Vogue of ABC News has a blog post titled "Supreme Court and Guns: Justices Have Yet to 'Clarify the Entire Field.'" And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a blog post titled "Constitution Check: Is the Supreme Court partly to blame for Newtown?" Monday, December 17, 2012 "Appeals court sides with city on Duke lacrosse": The Herald-Sun of Durham, North Carolina has a news update that begins, "A 4th U.S. Circuit Court of Appeals panel on Monday tossed out all federal-law claims from three groups of Duke University lacrosse players who've sued the city and the police who investigated the 2006 Duke lacrosse case." And The News & Observer of Raleigh, North Carolina has an update headlined "US Appeals Court dismisses bulk of Duke lacrosse claims." You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. "NOPD cop convicted in Henry Glover case getting new trial, appeals court decides": The Times-Picayune of New Orleans has a news update that begins, "A federal appeals court Monday overturned the conviction of former New Orleans Police Officer David Warren in the fatal shooting of Henry Glover, whose shot and burned body turned up in Hurricane Katrina's aftermath." You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. "Messing With Chief Judge Kozinski": At "Above the Law," David Lat has this post linking to the videos of two lengthy interviews (here and here) with the Ninth Circuit's chief judge. Posted at 09:40 PM by Howard Bashman "Video of GW Law Event on Henry Friendly": Orin Kerr has this post at "The Volokh Conspiracy." Posted at 04:45 PM by Howard Bashman "He is now the longest-serving [federal district] judge in the history of the 3rd U.S. Judicial Circuit, a jurisdiction that includes district courts in Pennsylvania, New Jersey, Delaware and the Virgin Islands." On Saturday, The Scranton Times Tribune published an article headlined "Senior U.S. District Judge William J. Nealon reaches a golden milestone." Posted at 03:57 PM by Howard Bashman "Newtown gun group challenging ATF authority to seek data on gun sales": Lawrence Hurley has this post today at his "Washington Briefs" blog. Posted at 11:20 AM by Howard Bashman Sixth Circuit upholds entry of summary judgment against former University of Toledo official who claims she was fired in violation of her First Amendment rights for rebuking comparisons drawn between the civil-rights and gay-rights movements in a published op-ed: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link. In February 2012, The Toledo Blade reported on the federal district court's dismissal of the lawsuit in an article headlined "Suit filed by ex-UT official dismissed; Firing followed column on gay rights." "8 Lawyers Obama May Pick for Supreme Court": Bloomberg Law has posted this video online today at YouTube. Posted at 10:22 AM by Howard Bashman "Bill Renews Debate on Merging Highest Two Courts": The Texas Tribune has this report. Posted at 08:07 AM by Howard Bashman "Are Odd Electives a Waste? Third-Year Law-School Classes Often Delve Into Quirky Territory, Draw Criticism." Susannah Moran and Joe Palazzolo have this article today in The Wall Street Journal. You can freely access the full text of the article via Google News. "How Bancroft Became Conservatives' Law Firm of Choice for Hot-Button Cases; Paul Clement and the tiny firm he joined in 2011 have have already taken on gay marriage, immigration, health care, voting rights, and redistricting; What's next?" Susan Beck has this cover story in the December 2012 issue of The American Lawyer. Posted at 07:52 AM by Howard Bashman Sunday, December 16, 2012 "Decision on gay 'conversion therapy' ban depends on other rulings; The dispute is before the U.S. 9th Circuit Court of Appeals, which is expected to decide within the next several days whether to put the law on hold before it takes effect Jan. 1": Maura Dolan has this article today in The Los Angeles Times. Posted at 08:52 PM by Howard Bashman "Judges take on ministers over supreme court; Chris Grayling told by judiciary to give up power to appoint chief executive": The Guardian (UK) has this news update. Posted at 08:37 PM by Howard Bashman "New state Supreme Court justice clearly has his mind made up": Columnist James Gill of The Times-Picayune of New Orleans has this essay today. Posted at 08:30 PM by Howard Bashman "Florida's Property Rights Abuse Lands at the Supreme Court; The justices prepare to hear a major 5th Amendment case": Damon W. Root has this essay online at Reason. Posted at 08:26 PM by Howard Bashman "Remove a Stain on the Supreme Court by Impeaching Justice Scalia; He's been off the rails for years, but the justice's latest outburst regarding homosexuality should be the last straw: it's time for Congress to kick him out." Law professor David R. Dow had this essay online Friday at The Daily Beast. Friday at The Huffington Post, Michael Russnow had an essay titled "Scalia's Gay Stance Is Unacceptable: Recusal From Supreme Court Deliberations on DOMA and California Proposition 8 Is Called For." And in Friday's edition of The Chicago Tribune, Bill Press had an op-ed titled "Scalia has no right to rule on same-sex marriage." "Same-Sex Marriage and the Supreme Court": This segment appeared on Friday's broadcast of the PBS program "Religion & Ethics NewsWeekly." Posted at 03:30 PM by Howard Bashman "Common ground on affirmative action: Asian-Americans, like students of other races, benefit from the kind of diversity that enriches their education and prepares them for careers in the global workplace." Khin Mai Aung and Robert Toone will have this op-ed in tomorrow's edition of The National Law Journal. Posted at 03:27 PM by Howard Bashman "Obama administration drops appeal over Guantanamo rules": Josh Gerstein had this post yesterday at Politico.com. Posted at 03:24 PM by Howard Bashman "To Judge Richard Posner, Gun Control Is a Joke; Days before Newtown, the Seventh Circuit extended the Second Amendment beyond even the Supreme Court's decisions": Law professor Garrett Epps has this essay online today at The Atlantic. And Andrew Cohen has an essay entitled "Guns, Parents and Sandy Hook: Time to Take The Bullet; The National Rifle Association is a mighty thing; But it is still no match for the political power of parents in America." "High court fight looms over right to carry a gun": Mark Sherman of The Associated Press has this report. Posted at 09:24 AM by Howard Bashman "Under the U.S. Supreme Court: Woman, 83, unlikely same-sex marriage warrior." Michael Kirkland of UPI has this report. Posted at 09:20 AM by Howard Bashman Saturday, December 15, 2012 "The Last Shot: If Newtown doesn't change how Americans treat guns, can anything?" Emily Bazelon has this jurisprudence essay online at Slate. And Katie Mesner-Hage has a jurisprudence essay titled "The Last Outright Ban on Concealed Weapons Goes Down: Illinois' law falls to the Second Amendment right to bear arms." "Obama's health care law still facing court challenges; None of the lawsuits pose as great a threat to the law as those decided in June, but their legion indicates the legal battles are far from over": Richard Wolf had this article yesterday in USA Today. Posted at 11:44 AM by Howard Bashman Friday, December 14, 2012 "[W]e conclude that the scope of the Second Amendment does not extend to provide protection to illegal aliens, because illegal aliens are not law-abiding members of the political community": So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in a decision issued today. Posted at 11:54 PM by Howard Bashman "Court lets slaves' descendants sue Cherokee chief": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 11:38 PM by Howard Bashman "Gay Marriage Supporters Optimistic About Winning Anthony Kennedy's Vote": Sahil Kapur has this post today at TPM DC. Posted at 11:28 PM by Howard Bashman "Court to decide whether religious challenge to health care law may proceed": Michael Doyle of McClatchy Newspapers has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Pressure on contraceptives mandate." "The Courts: How Obama Dropped the Ball; The president's slow pace and anemic support for judicial appointments has kept the courts in conservative hands." Robert Kuttner has this essay online at The American Prospect. Posted at 11:08 PM by Howard Bashman "Lawyer cited for blasting Justin Timberlake wins case with Florida Supreme Court": This article appears today in The Tampa Bay Times. And today's edition of The Miami Herald contains an article headlined "Florida court strikes down law that banned loud music from cars; The Florida Supreme Court has struck down a law that made it illegal for music coming from a car to be 'plainly audible' from 25 feet or more." My earlier coverage of yesterday's Florida Supreme Court ruling appears at this link. "AstraZeneca Wins U.S. Ruling to Block Generic Crestor": Bloomberg News has this report on a ruling that a divided three-juge panel of the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 11:02 PM by Howard Bashman "[W]e will not alter the standard for measuring mental retardation for Atkins purposes in Pennsylvania, nor will we alter the burden of proof, nor will we establish special legal presumptions, or cautionary approaches, to govern all retrospective assessments of mental retardation": A unanimous Supreme Court of Pennsylvania (with one Justice not participating due to suspension) has issued this ruling in a death penalty case today. Posted at 04:20 PM by Howard Bashman  
|
|
|
|||||||||||||||||||||||
