How Appealing

Tuesday, May 21, 2013

"Letter to D.C. Circuit Re: Audio Access Policy." Michelle Olsen has this post today at her "Appellate Daily" blog.

As noted here, the D.C. Circuit has previously been receptive to suggestions for online improvements received from appellate law bloggers.
Posted at 08:36 PM by Howard Bashman

"Cloture filed on Srinivasan (DC Circuit Court)": This post has appeared this evening at the blog of the United States Senate Democrats.
Posted at 07:58 PM by Howard Bashman

"Court Clears the Way for College Star's Lawsuit": Joe Palazzolo has this post (free access) at's "Law Blog" reporting on the ruling a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today in an appeal involving a college football video game.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Court revives lawsuit vs Electronic Arts over video game image."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Revives Ex-QB's Lawsuit Over 'NCAA Football' Game; In an important appeal that divided Hollywood, the Third Circuit sides with the likeness rights of celebrities over protections afforded by the First Amendment. (SAG 1, MPAA 0)."
Posted at 04:35 PM by Howard Bashman

"U.S. court studies wiretaps in ex-Goldman director's insider case": Nate Raymond of Reuters has this report.

At the "DealBook" blog of The New York Times, Peter Lattman has a post titled "Court Hears Appeal of Ex-Director of Goldman."

And Bloomberg News reports that "Gupta Challenges U.S. Use of Wiretaps in Insider Appeal."
Posted at 03:30 PM by Howard Bashman

"UBS, powerful amici urge 2nd Circuit not to meddle with Morrison": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:28 PM by Howard Bashman

"Supreme Court won't take up Alaskan tribe's suit against Exxon Mobil": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:18 PM by Howard Bashman

"Sale Has to Mean Sale": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "Bargain-hunting consumers scored a big victory Tuesday. A company that overstates original prices to falsely claim a 'sale' discount may be sued by consumers for false advertising, the 9th U.S. Circuit Court of Appeals ruled."

Circuit Judge Stephen Reinhardt wrote today's ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:38 PM by Howard Bashman

"Appeals court: Arizona abortion restriction unconstitutional." Howard Fischer of The Arizona Daily Star has this news update.

Bloomberg News reports that "Arizona Law Criminalizing Abortion After 20 Weeks Blocked."

The Associated Press reports that "Court strikes down Arizona 20-week abortion ban."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Arizona Abortion Ban Unconstitutional."
Posted at 02:24 PM by Howard Bashman

"It is beyond the ken of courts to measure the rationality of religious beliefs -- what will happen to us after we pass through the dark curtain of death is the ultimate non-justiciable question." Circuit Judge Ed Carnes is the author of a very interesting ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.

The opinion begins, "The Supreme Court has decided that a convicted murderer cannot be executed unless he has a rational understanding of the fact that he is going to be put to death and of the reason for his execution."

Update: In other coverage, David Ovalle of The Miami Herald has a news update headlined "Federal court rejects appeal by Miami mass killer John Ferguson."
Posted at 01:20 PM by Howard Bashman

"Our question is whether the Constitution permits the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable. We hold that it does not." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:05 PM by Howard Bashman

"WATCH the YLS commencement ceremonies, w/ remarks from Justice Sotomayor '79": Yale Law School has posted the video online at this link.
Posted at 12:16 PM by Howard Bashman

"Prenda lawyer gets kicked off 9th Circuit case; Paul Hansmeier's motion to delay an $81,000 sanctions order was also denied": Joe Mullin of Ars Technica has this report.
Posted at 12:13 PM by Howard Bashman

"Gupta Challenges U.S. Use of Wiretaps in Insider Appeal": Bloomberg News has this preview of an oral argument occurring today at the U.S. Court of Appeals for the Second Circuit.
Posted at 12:04 PM by Howard Bashman

"Judge 'Buzz' Arnold, polymath, legal historian and former federal district judge": Senior U.S. District Judge Richard G. Kopf has this post today at his blog, "Hercules and the Umpire."
Posted at 11:52 AM by Howard Bashman

Law geek nirvana -- Spend Memorial Day weekend watching Tom Goldstein of "SCOTUSblog" on C-SPAN's "Q&A": Details here. In addition to viewing the interview at 8 p.m. and 11 p.m. eastern time Sunday, true "SCOTUSblog" devotees can tune in at 6 a.m. eastern time on Monday, May 27th for another replay.

According to C-SPAN's email yesterday alerting me to the broadcast, the interview was taped on May 2, 2013.
Posted at 11:42 AM by Howard Bashman

"Appeals court won't release Osama Bin Laden photos": Josh Gerstein of has this blog post.

The Associated Press has a report headlined "Court: US can keep bin Laden photos under wraps."

Bloomberg News reports that "Bin Laden Corpse Photos Can Be Kept Secret, Court Rules."

David Ingram of Reuters reports that "Court rules bin Laden death photos can stay secret."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit: Bin Laden Death Images Can Remain Secret."

You can access today's per curiam opinion of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:36 AM by Howard Bashman

"Bin Laden's Son-in-Law Seeks a New Lawyer, but There's a Snag": This article appears today in The New York Times.
Posted at 09:40 AM by Howard Bashman

"Reid Mulls Nuclear-Style Filibuster Reform For Nominations": Sahil Kapur of TPM DC has this report today.
Posted at 09:38 AM by Howard Bashman

"2 SCOTUS Judges in 1971: Espionage Act Doesn't Apply to the Press; Justices Hugo Black and William O. Douglas specifically addressed a section of the law at issue today." Conor Friedersdorf has this essay online today at The Atlantic.
Posted at 09:36 AM by Howard Bashman

"Hathaway lawyer pleads case to keep her out of prison; feds want her to serve 12-18 months": Today's edition of The Detroit News contains an article that begins, "Former Michigan Supreme Court Justice Diane Hathaway shouldn't spend a day in federal prison, her lawyer said Monday, despite admitting she orchestrated an elaborate two-year scheme to defraud her bank of $600,000 owed on a Grosse Pointe Park home."
Posted at 09:06 AM by Howard Bashman

"Budget ax falls, and ball is in his court": In yesterday's edition of The Omaha World-Herald, columnist Erin Grace had this essay reporting on Senior U.S. District Judge Richard G. Kopf's blog, "Hercules and the Umpire."
Posted at 08:57 AM by Howard Bashman

"A Ruling Could Support F.C.C.'s Net Neutrality Defense": Today's edition of The New York Times contains an article that begins, "The Federal Communications Commission's attempt to defend its net neutrality rules against a court challenge got major support on Monday from the Supreme Court, which ruled in a separate case that regulatory agencies should usually be granted deference in interpreting their own jurisdictions."
Posted at 08:52 AM by Howard Bashman

"Which Supreme Court Justice Are You? A Personality Quiz." Law professor Kyle Graham has this post today at his blog.
Posted at 08:26 AM by Howard Bashman

"Constitution Check: When can prayers and government activity coexist?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:24 AM by Howard Bashman

"Appeals court orders re-examination of Glendale casino ruling": Today's edition of The Arizona Republic contains this article reporting on the revised ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:20 AM by Howard Bashman

"Supreme Court to address who had burden to prove patent infringement": Erin Geiger Smith of Reuters has this report.
Posted at 08:14 AM by Howard Bashman

"For the Word on the Street, Courts Call Up an Online Witness": This article appears today in The New York Times.
Posted at 08:12 AM by Howard Bashman

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