How Appealing



Tuesday, June 14, 2016

“Markel case leaks into state attorney race”: Karl Etters of The Tallahassee Democrat has an article that begins, “The Dan Markel murder investigation has bled into the political arena with one state attorney candidate calling the rift between prosecutors and police a ‘consistent problem.'”

Posted at 7:52 PM by Howard Bashman



“What It Is Like to Like: Art and taste in the age of the Internet.” Louis Menand has this book review in the June 20, 2016 issue of The New Yorker.

Posted at 7:46 PM by Howard Bashman



“Notorious porn copyright troll committed ‘fraud on courts’ — 9th Circuit”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 4:52 PM by Howard Bashman



“What’s Really Standing in the Way of Gun Control”: Online at The New Yorker, Jeffrey Toobin has a post that begins, “After the Supreme Court decided District of Columbia v. Heller, in 2008, it appeared that all attempts at gun control might be doomed, as a matter of constitutional law, for the foreseeable future.”

Posted at 4:13 PM by Howard Bashman



“Is there a constitutional right to have a rapidly firing assault gun?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 1:46 PM by Howard Bashman



“Court Backs Rules Treating Internet as Utility, Not Luxury”: Cecilia Kang of The New York Times has this report.

Jim Puzzanghera of The Los Angeles Times reports that “Court upholds net neutrality rules for Internet access.”

John D. McKinnon and Brent Kendall of The Wall Street Journal report that “FCC’s Net-Neutrality Rules Upheld by Appeals Court; Industry appeals to Supreme Court are likely.”

Mike Snider of USA Today reports that “Federal court upholds FCC’s net neutrality rules.”

Bloomberg News reports that “Obama’s Web Rules Upheld in Win for Google, Loss for AT&T.”

Reuters reports that “U.S. court backs landmark Obama internet equal-access rules.”

Dana Liebelson and Cristian Farias of The Huffington Post report that “Appeals Court Hands Obama Administration Major Win In Net Neutrality Case; Under the law, broadband internet providers ‘must treat all internet traffic the same regardless of source.’

And Jon Brodkin of Ars Technica reports that “Tom Wheeler defeats the broadband industry: Net neutrality wins in court; Total victory for FCC as appeals court decision upholds net neutrality order.”

Posted at 1:38 PM by Howard Bashman



“Supreme Court Rejects Puerto Rico Law in Debt Restructuring Case”: Adam Liptak and Mary Williams Walsh have this article in today’s edition of The New York Times.

Jess Bravin of The Wall Street Journal reports that “Supreme Court Strikes Down Puerto Rico Debt-Restructuring Law; Court rules Congress excluded the island from filing municipal bankruptcy to restructure debts.”

Richard Wolf of USA Today reports that “Supreme Court denies Puerto Rico debt relief.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: Puerto Rico’s debt woes left to Congress.”

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled “Supreme Court Affirms That Puerto Rico Is Really a U.S. Colony.”

Posted at 1:24 PM by Howard Bashman



“Supreme Court Makes It Easier for Patent Holders to Win More in Damages; Ruling overturns lower court that made it difficult to wrest large awards from copycats”: Brent Kendall of The Wall Street Journal has this report.

Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Eases Way for Larger Patent Damage Awards.”

Reuters reports that “Stryker, Halo to get second chance at enhanced patent damages.”

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled “Supreme Court Asserts Itself and Patent Trolls Win.”

Posted at 1:14 PM by Howard Bashman



“Supreme Court reinstates conviction of domestic abuser in Indian country”: Robert Barnes of The Washington Post has this report.

Posted at 1:06 PM by Howard Bashman



Access online the contents of the June 2016 issue of the Harvard Law Review: Via this link.

Therein, D.C. Circuit Judge Brett M. Kavanaugh has a book review titled “Fixing Statutory Interpretation.”

Among the “Recent Cases” notes are “In re Tam: Federal Circuit Holds the Lanham Act’s Antidisparagement Provision Unconstitutional“; “Bible v. United Student Aid Funds, Inc.: Seventh Circuit Defers to Department of Education Amicus Brief Interpreting Student Loan Regulations“: and “Lenz v. Universal Music Corp.: Ninth Circuit Requires Analysis of Fair Use Before Issuing of Takedown Notices.”

And online at the Harvard Law Review Forum, Second Circuit Chief Judge Robert A. Katzmannwhose book Judge Kavanaugh was reviewing — has an essay titled “Response to Judge Kavanaugh’s Review of Judging Statutes.”

Posted at 10:18 AM by Howard Bashman



Access online most of the contents of the Spring 2016 issue of The Green Bag: Via this link.

Therein, Seventh Circuit Judge Richard A. Posner has an article titled “What Is Obviously Wrong With the Federal Judiciary, Yet Eminently Curable, Part II.”

And Senior U.S. District Judge D. Brock Hornby (D. Me.) has an article titled “Chief Justices of the United States in Maine,” which sounds like it could serve as the premise for a new series of bobblehead dolls.

Posted at 10:02 AM by Howard Bashman



“Federal inmates sentenced for crack can seek reduced sentences”: Bob Egelko of The San Francisco Chronicle has this report. According to the article, “The disputed issue in the * * * case was the effect of a 2011 U.S. Supreme Court ruling reducing the crack sentence of another inmate. Four justices voted for potential reductions in all such cases, four voted for none, and the ninth, Sonia Sotomayor, agreed to reductions in specific types of cases, including the one the justices were considering.”

And Courthouse News Service reports that “Ninth Circuit Tackles Sentencing Disparities.”

You can access yesterday’s ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

The second paragraph of the majority opinion in yesterday’s ruling begins, “Revisiting Freeman and our application of Marks to fractured Supreme Court opinions, we hold that where we can identify no rationale common to a majority of the Justices, we are bound only by the result.”

Posted at 9:55 AM by Howard Bashman



“Wolf names upstate judge to Pa. high court”: Angela Couloumbis has this article in today’s edition of The Philadelphia Inquirer.

And Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania reports that “Wolf unveils slate of nominees to fill 30 judicial openings including six on appellate courts.”

Yesterday, Pennsylvania Governor Tom Wolf issued a news release titled “Governor Wolf, Senate Leaders Announce Slate of Judicial Nominations.”

Included among the nominees for the Superior Court of Pennsylvania — one of Pennsylvania’s two intermediate appellate courts — is Philadelphia-based appellate attorney Carl A. Solano.

Posted at 8:27 AM by Howard Bashman