How Appealing

Thursday, June 5, 2014

"Split Fourth Circuit highlights ugly mess of SCOTUS 'crime of violence' jurisprudence": Douglas A. Berman has this post at his "Sentencing Law and Policy" blog discussing a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 10:56 PM by Howard Bashman

It's "its": Or at least it should be in the concluding paragraph of this opinion (archived copy here) that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued today.

Do concurring judges really think it is more considerate to their authoring colleague not to point out an obvious typo in an opinion?
Posted at 10:52 PM by Howard Bashman

"Appeals court puts temporary hold on same-sex marriage recognition in Utah": Dennis Romboy of The Deseret News has this update.

And Marissa Lang of The Salt Lake Tribune has a news update headlined "10th Circuit Court extends stay in Utah ruling validating gay marriages."

You can view today's order of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 10:44 PM by Howard Bashman

"Albany County cyber-bullying law lands in Court of Appeals": The Times Union of Albany, New York has this news update.
Posted at 10:37 PM by Howard Bashman

"Local court grants injunction for Catholic employers from healthcare mandate on contraceptives; Oklahoma City Archdioceses among plaintiffs in lawsuit challenging part of Affordable Care Act": The Oklahoman has this news update.
Posted at 10:34 PM by Howard Bashman

"Appeals court admits screw-up -- terror case hearing wasn't recorded": The Chicago Tribune has a news update that begins, "The clerk of the federal appeals court in Chicago said today his office 'screwed up' in not recording the audio of historic arguments Wednesday over whether attorneys for a local terrorism suspect should be allowed to view confidential surveillance documents filed in the case."
Posted at 10:32 PM by Howard Bashman

"No audio of vital Chicago federal court hearing": The Associated Press has this report.
Posted at 04:52 PM by Howard Bashman

"Not Your Law School Graduation Speaker: Progressive law students won't hear from the lions of the Warren Court again this week." Law professor David Fontana has this jurisprudence essay online today at Slate.
Posted at 03:16 PM by Howard Bashman

"Catholic group exempt from contraceptives rule": The Associated Press has this report.
Posted at 01:44 PM by Howard Bashman

"Arizona prisoners given OK for class-action suit against prisons for cruel and unusual treatment": Howard Fischer of The East Valley Tribune has a news update that begins, "A federal appeals court gave the go-ahead today to a class-action lawsuit by inmates in Arizona prisons who allege they and others are being subject to unconstitutional cruel and unusual treatment."

Circuit Judge Stephen Reinhardt wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Update: In other coverage, The Arizona Republic reports that "Arizona prisoners win class-action status in health suit."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Prisoners Win Class Cert in Solitary Confinement Challenge."
Posted at 01:42 PM by Howard Bashman

"On the front lines of the battle over the press pass": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 01:32 PM by Howard Bashman

"Even if credit card information listed on secured receipts could somehow cause anxiety, there is no allegation the shoppers suffered so much as a sleepless night or any other psychological harm." So observes a dissenting opinion that Chief Judge William Jay Riley issued today from a ruling of the U.S. Court of Appeals for the Eighth Circuit in a case in which the plaintiffs alleged that Sam's Club had violated the Fair and Accurate Credit Transactions Act.
Posted at 11:58 AM by Howard Bashman

"This case calls on us to explore the limits of copyright protection for architectural works." So begins a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:50 AM by Howard Bashman

"What Does the McCutcheon Decision Say about Democracy?" William Hogeland has this essay online at Boston Review.
Posted at 10:25 AM by Howard Bashman

"The Supreme Court is struggling to rein in America's rogue patent court": Timothy B. Lee has this post online at Vox.
Posted at 10:24 AM by Howard Bashman

"John Roberts' Constitutional Avoidance: In Bond v. United States, the chief justice used a 'saving construction' to avoid a constitutional showdown; Sound familiar?" Damon Root has this essay at
Posted at 10:22 AM by Howard Bashman

"Utah to appeal decision requiring recognition of same-sex marriages": Dennis Romboy of The Deseret News has this report.

And The Salt Lake Tribune reports that "Utah appealing ruling that validates gay marriages; Facing Monday deadline, Utah opts to challenge district judge's order."
Posted at 10:20 AM by Howard Bashman

"As Senate Runs Out Of Judges To Confirm, Dozens Of Courts Still Sit Empty With No Nominees": Jennifer Bendery of The Huffington Post has this report.
Posted at 10:15 AM by Howard Bashman

"Lake Chelan ferry service appeal won't be heard by Supreme Court": The Spokesman-Review of Spokane, Washington has this report.
Posted at 08:16 AM by Howard Bashman

"Lesbian nominated to Puerto Rico Supreme Court": The Washington Blade has this report.

And in local coverage, El Nuevo Día reports that "Garcia Padilla designa a Maite Oronoz al Tribunal Supremo."
Posted at 08:14 AM by Howard Bashman

"Could Ninth Circuit send abortion back to the Supreme Court?" Jonathan H. Adler has this post today at "The Volokh Conspiracy."
Posted at 08:09 AM by Howard Bashman

"Four in running for Del. Supreme Court vacancy": Today's edition of The News Journal of Wilmington, Delaware contains a front page article that begins, "The state panel that recommends candidates for Gov. Jack Markell to consider to fill a Delaware Supreme Court vacancy has offered four names, including a judge at the center of a controversial sentencing of du Pont heir Robert Richards IV in the rape of his daughter."
Posted at 08:07 AM by Howard Bashman

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