How Appealing

Tuesday, January 8, 2013

"Appeals Court Rejects Photographer's Claim That Sony TV Movie Stole Image": At The Hollywood Reporter's "Hollywood, Esq." blog, Eriq Gardner has this post today reporting on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 11:07 PM by Howard Bashman


"Supreme Court weighs case of disabled child and medical malpractice award": Michael Doyle of McClatchy Newspapers has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Delia v. E.M.A., No. 12-98.
Posted at 09:02 PM by Howard Bashman



"Drunk driving: Can blood-alcohol test be forced? Case reaches Supreme Court; The justices will hear arguments Wednesday in the case of a drunk driver forced to submit to a blood test; State supreme courts are divided on whether that violates the Fourth Amendment." Warren Richey of The Christian Science Monitor has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Blood tests and privacy."
Posted at 05:50 PM by Howard Bashman



"Top court says prisoner incompetence no bar to appeal": Jonathan Stempel of Reuters has this report.

The Associated Press has a report headlined "Court: Judges cannot indefinitely delay appeals."

And at "SCOTUSblog," Lyle Denniston has a post titled "Rees clarified, after forty-six years."

Justice Clarence Thomas delivered the opinion for a unanimous U.S. Supreme Court today in Ryan v. Valencia Gonzales, No. 10-930.
Posted at 05:46 PM by Howard Bashman



Turnabout is fair play when it comes to book reviews? Last month, the Los Angeles Review of Books published Bryan A. Garner's review of law professor Akhil Reed Amar's new book, "America's Unwritten Constitution: The Precedents and Principles We Live By."

This month, Democracy: A Journal of Ideas has published law professor Amar's review of "Reading Law: The Interpretation of Legal Texts," by Antonin Scalia and Bryan A. Garner. The review is titled "Originalist Sin: The new book by Antonin Scalia and Bryan A. Garner is very sure of itself -- in fact, far too much so."
Posted at 05:14 PM by Howard Bashman



"Corporation not person in carpool lanes; Marin County Driver in carpool lane cites legal notice of personhood": In today's edition of The San Francisco Chronicle, Justin Berton has an article that begins, "Some people will do anything to get out of a traffic ticket. It is the rare motorist, however, who hopes his explanation will overturn more than 100 years of Supreme Court rulings and challenge the legal notion of corporate personhood."

And today's edition of The Marin Independent Journal contains an article headlined "San Rafael activist's corporation was his carpool buddy."
Posted at 05:00 PM by Howard Bashman



"Fish story lands in NC's high court, $1M on line": The Associated Press has this report.

And in earlier coverage, today's edition of The News & Observer of Raleigh, North Carolina contains an article headlined "Big Rock fishermen still trying to reel in the prize that got away."
Posted at 04:48 PM by Howard Bashman



"Who's the Mother in Kansas? What happens when a state refuses to recognize same-sex relationships? The Kansas sperm-donor fiasco." William Saletan has this essay online at Slate today.
Posted at 04:44 PM by Howard Bashman


"Landmark Student-Press Ruling Resonates Decades Later": In the January 9, 2013 issue of Education Week, Mark Walsh has an article that begins, "In late 1987, U.S. Supreme Court Justice Byron R. White circulated a draft opinion to his colleagues in a case about whether high school journalists had the right to be free of interference from school administrators."
Posted at 04:30 PM by Howard Bashman


"AG Madigan asks full appeals court to review Illinois gun ban ruling": The Chicago Tribune has this news update.

Bloomberg News reports that "Illinois Asks U.S. Appeals Court to Rehear Gun-Carry Case."

And The Associated Press reports that "Illinois AG seeks new hearing on concealed carry."
Posted at 04:00 PM by Howard Bashman



"Supreme Court throws out L.A. County storm water lawsuit": David G. Savage of The Los Angeles Times has this news update.

The Associated Press reports that "High Court throws out storm water runoff ruling."

And Lawrence Hurley of Greenwire reports that "Los Angeles water district wins stormwater dispute."

Justice Ruth Bader Ginsburg delivered the opinion of the U.S. Supreme Court today in Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc., No. 11-460. All of the Justices joined in the opinion except for Justice Samuel A. Alito, Jr., who concurred in the judgment without opinion.

In that regard, at his "DailyWrit" blog, Kedar Bhatia today has a post titled "Concurring or Dissenting Without an Opinion."
Posted at 03:57 PM by Howard Bashman



"SEC's Window for Fraud Suits May Be Narrowed by Top Court": Greg Stohr of Bloomberg News has this report.

Sarah N. Lynch and Jonathan Stempel of Reuters report that "U.S. Supreme Court to weigh in on SEC powers in Gabelli case."

And Jesse J. Holland of The Associated Press reports that "Court seems skeptical about gov't extension."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Gabelli v. SEC, No. 11-1274.
Posted at 03:46 PM by Howard Bashman



"Halt in inmate releases sought": In today's edition of The Sacramento Bee, Denny Walsh and Sam Stanton have a front page article that begins, "Claiming that the state has made substantial progress in solving its prison overcrowding problem, California officials asked a federal court late Monday to dismiss its requirements for huge reductions in inmate populations."

Howard Mintz of The San Jose Mercury News has an update that begins, "Governor argues California prisons should be removed from court orders to shed inmates."

And Bloomberg News reports that "California Asks Federal Judges to Cancel Inmate Cuts."
Posted at 02:55 PM by Howard Bashman







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