How Appealing

Thursday, January 3, 2013

"Middle Finger Flashed in '06 Lives On in Suit": This article will appear Friday in The New York Times.

The Times Union of Albany, New York has a news update headlined "Appellate judges order trial for cops who arrested insulting motorist; Appeals court reinstates civil rights lawsuit filed by man arrested after giving cop the middle finger."

And The Associated Press has a report headlined "NY court: Flipping finger at cops not worth arrest."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 10:30 PM by Howard Bashman

"Louboutin v. YSL: the bitter end? Maybe not." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:21 PM by Howard Bashman

"McGee Brown joins Jones Day's Columbus office as litigation partner": Alison Grant of The Cleveland Plain Dealer has a news update that begins, "Former Ohio Supreme Court Justice Yvette McGee Brown is joining Jones Day as a partner in the business and tort litigation group of the law firm's Columbus office."

The law firm's news release can be accessed here.
Posted at 06:19 PM by Howard Bashman

"Tea Party-Backed Cruz Joins Senate Judiciary Committee": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 05:36 PM by Howard Bashman

"Bush-Era Wiretapping Case Killed Before Reaching Supreme Court": David Kravets has this post at's "Threat Level" blog.
Posted at 05:33 PM by Howard Bashman

"Meese to Retire as Head of Legal Center; Addington to Take on Role": The Heritage Foundation issued this news release today.

Update: Josh Gerstein of has a blog post titled "Cheney aide Addington rises at Heritage."
Posted at 04:39 PM by Howard Bashman

"Tennessee searches for new death penalty drug": Brian Haas of The Tennessean has this news update.
Posted at 04:28 PM by Howard Bashman

"President Obama Re-nominates Thirty-Three to Federal Judgeships": The White House issued this news release today.

In related coverage, Chris Casteel of The Oklahoman has a blog post titled "Robert E. Bacharach Renominated for Federal Appeals Court."

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Obama Re-Nominates 33 to Federal Courts."
Posted at 04:02 PM by Howard Bashman

"A response from NAM's lawyers in defense of NAM's jurisdictional argument in Standard Fire Insurance Co. v Knowles": Law professor Kevin C. Walsh has this post today at his blog, "walshslaw."
Posted at 03:57 PM by Howard Bashman

"Finally, Justice at Supermax? If Anyone Can Make the Right Call, It's This Judge; He's tough. He's courageous. He tried Timothy McVeigh. Now Richard Matsch takes on another critical case: a civil rights lawsuit alleging prisoner abuse and neglect." Andrew Cohen has this essay online at The Atlantic.
Posted at 03:50 PM by Howard Bashman

"Inmate ordered retried in '80 'waiting ever since'": The Associated Press has this report from Texas.
Posted at 03:46 PM by Howard Bashman

"State says woman in Topeka sperm donor case deceived agency in child support claim; Marotta's attorney dismisses state's claims that contract may be invalid": The Topeka Capital-Journal has this news update.

And The Associated Press has a report headlined "Attorney: Kansas law on sperm donors outdated."
Posted at 03:36 PM by Howard Bashman

"Boehner Bolsters Support of Defense of Marriage Act": Ariane de Vogue of ABC News has this blog post.
Posted at 01:44 PM by Howard Bashman

"Obama: Guantanamo camps a waste of U.S. resources; President Obama signed into law a $633 billion defense bill that included restrictions on his ability to close the prison camps, then called Guantanamo a waste of national security resources." Carol Rosenberg of The Miami Herald has this news update.
Posted at 01:40 PM by Howard Bashman

"St. Louis judge's fate in hands of Missouri Supreme Court": The St. Louis Post-Dispatch has this news update.
Posted at 01:15 PM by Howard Bashman

"Ky. school shooter loses bid to withdraw plea": The Associated Press has this report on a non-precedential ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 12:30 PM by Howard Bashman

"An irate automobile passenger's act of 'giving the finger,' a gesture of insult known for centuries, to a policeman has led to a seizure of two persons ordered to return to an automobile, an arrest for disorderly conduct, a civil rights suit, and now this appeal." So begins a decision that the U.S. Court of Appeals for the Second Circuit issued today. Footnote one of the opinion traces the gesture's historic pedigree.
Posted at 11:04 AM by Howard Bashman

"Texas Officials Seek End to Federal Election Oversight": Texas Weekly has this report.
Posted at 11:00 AM by Howard Bashman

"The Libertarian Connection Between Gay Rights and Gun Rights": Damon W. Root has this post today at the "Hit & Run" blog at
Posted at 10:58 AM by Howard Bashman

"2nd Circuit to return to renovated Thurgood Marshall courthouse": Nate Raymond of Reuters has this report.
Posted at 10:57 AM by Howard Bashman

"Reforming The Bench Memo Process": Today's installment of Mark Herrmann's "Inside Straight" column at "Above the Law" contains a recommendation concerning how federal appellate judges should prepare for oral argument.

I agree with Mark's conclusion, although his discussion seems to overlook that each appellate judge assigned to hear an oral argument will have independently read the parties' briefs in addition to having reviewed any law clerk bench memo.

In my view, the more important problem is not how appellate judges prepare for oral argument but the increasing rarity of oral argument altogether at the federal intermediate appellate level. In that regard, the current issue of The Journal of Appellate Practice and Process contains a very interesting article by law professors David R. Cleveland and Steven Wisotsky titled "The Decline of Oral Argument in the Federal Courts of Appeals: A Modest Proposal for Reform." If I or any of this blog's readers can track down a link to an online version of that article, I will add it to this post.
Posted at 10:42 AM by Howard Bashman

"Five to Four: Why Majorities Rule on Courts." Law professor Jeremy Waldron has posted this paper online at SSRN (via "Legal Theory Blog").
Posted at 08:55 AM by Howard Bashman

"Antiquated state laws stir modern-day worry": This article appears today in The Boston Globe.
Posted at 08:52 AM by Howard Bashman

"Empty Courtrooms in Obama's First Term: A Slow Start on Judicial Nominations Magnified Many Times Over By Republican Obstruction." People For the American Way issued this news release yesterday.
Posted at 08:50 AM by Howard Bashman

"Obama signs defense bill, notes regrets": Josh Gerstein of has this blog post.

You can view President Obama's signing statement at this link.
Posted at 08:46 AM by Howard Bashman

"Harry Reid's filibuster plan and the Supreme Court": Steven J. Duffield has this op-ed online at The Washington Examiner.
Posted at 08:42 AM by Howard Bashman

"The Supreme Court and the Next Fiscal Cliff": Simon Johnson has this post today at the "Economix" blog of The New York Times.
Posted at 08:20 AM by Howard Bashman

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