How Appealing

Tuesday, April 2, 2013

"Arizona defends transport portion of SB 1070": Michael Kiefer of The Arizona Republic has this news update.

And Howard Fischer of The East Valley Tribune has a news update headlined "Attorney argues Arizona should be able to enforce 'harboring' law because its unlikely anyone will be prosecuted."

My earlier coverage of today's Ninth Circuit oral argument appears at this link.
Posted at 11:32 PM by Howard Bashman

"We hold that in determining the scope of restitution to be awarded to a child pornography victim, section 2259 requires a showing that the victim's losses are proximately caused by the defendant's offense." A unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this decision today.
Posted at 11:23 PM by Howard Bashman

Fifth Circuit affirms federal district court's ruling that policy of Texas state prisons prohibiting prisoners from wearing beards for religious reasons violates the Religious Land Use and Institutionalized Persons Act: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 11:12 PM by Howard Bashman

"Obama seeks to shift conservative tilt of key court": Wednesday's edition of The Washington Post will contain an article that begins, "President Obama has pressed senators from both parties in recent weeks to confirm a new federal judge for one of the country's most powerful courts, using an aggressive strategy to campaign for a judicial nominee whom White House officials consider a potentially crucial figure in boosting the president's second-term agenda."
Posted at 10:50 PM by Howard Bashman

"For the Supreme Court, Silence Can Be Golden": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 10:18 PM by Howard Bashman

"After Protests, Prison Firm Pulls Donation": Wednesday's edition of The New York Times will contain an article that begins, "Sports stadiums have been named for fast food companies, office supply chains, and banks, but apparently there is one sector of the economy that is not welcome in the sports world: the private prison industry."
Posted at 10:11 PM by Howard Bashman

"Court asked to bar piece of Ariz. immigration law": The Associated Press has this report on a case argued today at the U.S. Court of Appeals for the Ninth Circuit.

You can access the audio of the oral argument via this link.
Posted at 06:17 PM by Howard Bashman

"Justices throw up Comcast obstacle in two more class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:50 PM by Howard Bashman

"The Real Problem With Law Schools: They train too many lawyers." Law professor Eric Posner has this essay online at Slate.
Posted at 05:44 PM by Howard Bashman

"Aaron Swartz's Prosecutors Were Threatened and Hacked, DOJ Says": David Kravets has this post at's "Threat Level" blog.

I collected additional coverage in this post from earlier today.

In related coverage, Timothy B. Lee of Ars Technica reports this afternoon that "Swartz death inspires expanded effort to liberate paywalled court docs; Document-sharing extension for Firefox now covers Chrome and appellate courts."

And Declan McCullagh of c|net reports that "'Aaron's Law' rewrite backfires, reformers now on defensive; Congressional sausage-making in Washington threatens to rewrite a controversial anti-hacking law used against the late Aaron Swartz -- by replacing it with an even more Draconian version."
Posted at 05:32 PM by Howard Bashman

"Justice Dept. Asks Court to Dismiss Suit over Secret Court's Opinions": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 05:18 PM by Howard Bashman

Programming note: Due to a meeting out of the office with co-counsel in a pending appeal, additional posts will appear here later this afternoon.
Posted at 10:48 AM by Howard Bashman

"The next SCOTUS battle": Jonathan Bernstein had this entry yesterday at the "PostPartisan" blog of The Washington Post.
Posted at 10:42 AM by Howard Bashman

"Appeals court hears Mass. inmates sex change case": The Associated Press has this preview of a case scheduled for oral argument today at the U.S. Court of Appeals for the First Circuit.
Posted at 10:40 AM by Howard Bashman

"Could Clarence Thomas Vote In Favor Of Gay Marriage?" Sahil Kapur of TPM DC has this report.

Kapur also has a related report headlined "John Roberts' Ruse To Trap Kennedy On Marriage Equality."
Posted at 10:22 AM by Howard Bashman

"Aaron Swartz Prosecutors Threatened With Guillotine Postcards": Ryan J. Reilly of The Huffington Post has this report.

Main Justice reports that "Aaron Swartz Supporters Harass Prosecutors, Prompting U.S. to Call for Redacting Material."

Today's edition of The Tech, MIT's student newspaper, contains articles headlined "MIT in favor of redactions in Swartz case documents; Legal filing made Friday focuses on privacy" and "Faculty meeting focuses on gunman disruption response; Head of MIT Police discusses emergency alert system."

You can access the recent federal district court filings relating to the possible unsealing of the criminal case file via this link (beginning with docket entry 109).
Posted at 10:04 AM by Howard Bashman

"Judicial Vacancies Languish On Key Federal Appeals Court": NPR justice correspondent Carrie Johnson had this audio segment on today's broadcast of "Morning Edition."
Posted at 09:46 AM by Howard Bashman

"Law school graduates aren't finding much on the employment docket; The Internet and other technologies have reduced job openings for lawyers; Some graduates have joined in class-action lawsuits, alleging that schools lured them in with misleading reports of success": Maura Dolan has this article today in The Los Angeles Times.
Posted at 08:14 AM by Howard Bashman

"Aereo Wins a Court Battle, Dismaying Broadcasters": Brian Stelter has this article today in The New York Times.

The Los Angeles Times reports that "Aereo beats broadcasters' legal challenge, trial likely."

And The Philadelphia Inquirer reports that "Comcast, others angry over Aereo ruling."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:12 AM by Howard Bashman

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