How Appealing



Thursday, August 2, 2012

“Appeals court overturns ban on video-sharing site”: Terry Baynes of Reuters has a report that begins, “A video-sharing website that allows users to post links to copyrighted videos hosted on third-party sites is not infringing copyright laws, a federal appeals court ruled on Thursday.”

My earlier coverage of today’s Seventh Circuit ruling appears here and here.

Posted at 10:42 PM by Howard Bashman



“Ginsburg, Verrilli and Arias of Agreement”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”

Posted at 8:40 PM by Howard Bashman



“Shell: Alien Tort Statute not meant for international human rights.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 5:48 PM by Howard Bashman



“Texas on verge of electing Ted Cruz its first Hispanic senator”: Columnist Linda P. Campbell of The Fort Worth Star-Telegram has an essay that begins, “Texas’ first Hispanic U.S. senator will be a sharp 42-year-old who won debating championships at Princeton, got a law degree from Harvard, clerked at the U.S. Supreme Court and has worked for a mega law firm. Of course, Ted Cruz was born in Canada. And he’s a Republican. But apparently Texas Republicans, who won’t elect a Hispanic-surnamed candidate to the state’s highest court, will vote to send one to Washington, ‘elitist’ pedigree and all.”

Posted at 1:36 PM by Howard Bashman



“The defendants (‘myVidster’ for short) appeal from the grant of a preliminary injunction in a suit by Flava Works for copyright infringement.” So begins the opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

As the opinion goes on to explain, “Flava specializes in the production and distribution of videos of black men engaged in homosexual acts,” while myVidster is “an online service engaged in what is called ‘social bookmarking.'”

Posted at 11:32 AM by Howard Bashman



Sixth Circuit rejects pre-enforcement challenge to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which makes it a crime to batter a person because of the person’s religion, national origin, gender, sexual orientation, gender identity, or disability: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

According to today’s opinion, in challenging the law, the plaintiffs alleged that “the expression and practice of their anti-homosexual religious beliefs will lead to federal investigation and prosecution under the Act, in violation of their First Amendment rights.”

Posted at 11:11 AM by Howard Bashman



“Va. man appeals to Supreme Court over DUI conviction”: Today’s edition of The Washington Times contains an article that begins, “A man convicted of drunken driving in Alexandria is taking his fight to the U.S. Supreme Court, challenging an unprecedented ruling in March from Virginia’s highest court that someone drunk behind the wheel of a car parked on a public road with a key in the ignition is now automatically guilty of drunken driving.”

Posted at 8:50 AM by Howard Bashman



“Little-noticed order reverses ban against judges’ political donations; Revised ethics rules again allow political contributions”: The Tennessean contains this article today.

Posted at 8:44 AM by Howard Bashman



“DA’s office seeks 1 trial for Supreme Court justice, sister on corruption charges”: Today’s edition of The Pittsburgh Tribune-Review contains an article that begins, “Legal observers and political watchdogs debated on Wednesday whether suspended Supreme Court Justice Joan Orie Melvin should resign as she awaits trial on corruption charges.”

And The Associated Press reports that “Pa. DA seeks to join cases of Justice Melvin, aide.”

Posted at 8:40 AM by Howard Bashman