How Appealing

Thursday, February 25, 2010

"7th Circuit Judges May Testify in Retrial Over Web Threats": law.com has this report.
Posted at 10:17 PM by Howard Bashman


Due to flawed Miranda warnings and an involuntary confession, the en banc Ninth Circuit orders a new trial for a man convicted of participating in the murder of nine individuals, including six monks, inside an Arizona Buddhist temple: You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Update: In early news coverage, The Associated Press reports that "Court says temple killings confession involuntary."
Posted at 02:50 PM by Howard Bashman



"Tracking Justice Stevens' Milestones": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:27 PM by Howard Bashman


Now that's an expensive postage stamp! In 2003, the U.S. Postal Service issued a 37-cent first class stamp commemorating the end of the Korean War. The stamp depicted the image of soldier sculptures located at the Korean War Veterans Memorial in Washington, DC.

Thereafter, the sculptor of those soldiers brought suit against the USPS, asserting that he owned the copyright in the sculptures and that the postage stamp did not constitute a "fair use" of his sculptures. The U.S. Court of Federal Claims rejected the copyright infringement claim in a ruling from December 2008 that you can access here. The trial court ruled that the sculptor owned the copyright but that the postage stamp's use of the images constituted fair use.

Today, however, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit has reversed that ruling, holding that the postage stamp's use of those images did not constitute fair use. You can access today's ruling at this link. As a result, the Federal Circuit's decision holds that the USPS is liable to the sculptor and remands the case back to the trial court so that damages may be determined.

Earlier coverage of the case can be accessed here, here, and here.
Posted at 02:08 PM by Howard Bashman



In the March 2010 issue of ABA Journal magazine: Herman Obermayer has an article headlined "The William Rehnquist You Didn't Know."

Mark Hansen has articles headlined "Police De-text-ive: Is it a privacy violation to review messages on a work-issued pager?" and "You Say You Want a Revolution: In Booker plus five, there's been rumbling but hardly rebelling."

And Richard Brust has an article headlined "Batter Up" that begins, "At his senate confirmation hearing five years ago, chief Justice John G. Roberts Jr. compared a Supreme Court justice's role to that of a baseball umpire."
Posted at 01:18 PM by Howard Bashman



"Deciding Who Decides Intellectual Property Appeals": Law professor C. Scott Hemphill has posted this article online at SSRN (via "Legal Theory Blog") addressing the U.S. Supreme Court's ruling in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.
Posted at 09:35 AM by Howard Bashman


Say what you will about the overall quality of police work, but protection from zombies and clowns appears to be at an all-time high: Last night, I had a post titled "Don't arrest the zombies" reporting on an Eighth Circuit ruling that issued yesterday.

Today, The Tampa Tribune reports that "Man charged with wearing a clown mask in public." And The St. Petersburg Times yesterday had a news update headlined "Tampa man jailed on charge of wearing illegal mask" that begins, "An 18-year-old Tampa man was jailed Tuesday afternoon, charged with wearing a clown mask on a public road."
Posted at 09:30 AM by Howard Bashman



"Dodd Leading Effort To Blunt Ruling On Corporate Spending On Elections": This article appears today in The Hartford Courant.

And The New Haven Register reports today that "Dodd opens campaign to change Constitution."
Posted at 09:14 AM by Howard Bashman



"Court lets blind grad use aids to take bar exam": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:12 AM by Howard Bashman


"Neb. lawmakers to discuss fetal pain abortion bill": The Associated Press has this report.
Posted at 09:10 AM by Howard Bashman


"Death Penalty Is Thrown Out in Texas Murders": In today's edition of The New York Times, John Schwartz has an article that begins, "A Texas court threw out the death sentence on Wednesday of a man whose double murder conviction gained international attention because of revelations that the judge and prosecutor had had an extramarital affair."

Today in The Austin American-Statesman, Chuck Lindell reports that "Divided court tosses death sentence for Hood; Appeals court grants new sentencing trial, says Hood's jury received improper instructions."

And The Dallas Morning News reports that "Death row inmate gets new punishment hearing."

Yesterday's ruling of the Court of Criminal Appeals of Texas consists of a majority opinion and a dissenting opinion.

Earlier this week, columnist Rick Casey of The Houston Chronicle had a related op-ed entitled "Best clue: The case of the erotic candy."
Posted at 09:08 AM by Howard Bashman



"EMI appeals ruling that Men at Work copied tune": The Associated Press has this report.

My earlier coverage appears in a post titled "No Vegemite sandwich for you!"
Posted at 08:54 AM by Howard Bashman



"Philadelphia Jury Finds for Wyeth in Hormone Replacement Therapy Case; The verdict disrupts the streak of plaintiffs' wins before Philadelphia Common Pleas Court juries in HRT mass tort cases": Amaris Elliott-Engel has this article today in The Legal Intelligencer.

And Bloomberg News reports that "Pfizer wins cancer suit on Prempro."
Posted at 08:50 AM by Howard Bashman



"'Miranda' Dealt One-Two Punch by High Court": Tony Mauro of The National Law Journal has this report.
Posted at 08:48 AM by Howard Bashman


"Judge Chatigny Nominated To Seat On U.S. 2nd Circuit Court Of Appeals": This article appears today in The Hartford Courant.

The nominee was embroiled in a death penalty-related controversy in 2005, as detailed in three earlier posts that you can access here, here, and here.
Posted at 08:46 AM by Howard Bashman



"Obama nominates Berkeley professor Goodwin Liu to federal appeals court": In today's edition of The Washington Post, Michael D. Shear has an article that begins, "President Obama on Wednesday nominated to the federal bench a California law professor who has criticized conservative legal theories and strongly opposed Supreme Court Justice Samuel A. Alito Jr.'s nomination."

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Obama nominates Berkeley prof to appeals court."

And The Yale Daily News reports that "Eli tapped for appeals court."
Posted at 08:37 AM by Howard Bashman







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