How Appealing



Monday, August 6, 2012

“Court Seeks Guidance in Mall Shooting Case”: Courthouse News Service has a report that begins, “Posing questions that it said ‘would be perfect for a first-year torts exam,’ the 9th Circuit on Monday asked the Washington Supreme Court to weigh in on the scope of a mall owner’s liability for a 2005 shooting rampage.”

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 7:34 PM by Howard Bashman



“UT Austin’s Consideration of Race in Admissions is Narrow, Necessary and Constitutional”: The University of Texas at Austin today issued a news release that begins, “Today, the University of Texas at Austin filed its brief to the United States Supreme Court as respondent in the case of Fisher v. University of Texas at Austin.”

You can access the Brief for Respondents at this link. In addition, via YouTube you can access “Video of UT President Bill Powers discussing the Supreme Court brief.” And, in case you missed it, the Brief for Petitioner, filed in May 2012, can be accessed here.

In early news coverage, The Texas Tribune reports that “UT-Austin Files Brief in Case on Admissions Policy.”

Posted at 7:08 PM by Howard Bashman



“Blogger Giving Advice Resists State’s: Get a License.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 7:00 PM by Howard Bashman



“Posner: Sharing links isn’t copyright infringement.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 4:00 PM by Howard Bashman



“Tipping the Scales: He doesn’t look the part of a revolutionary, and he may be anathema to conservatives at the moment, but Chief Justice John Roberts is on course to fundamentally alter the legal firmament.” James Oliphant has this cover story in the current issue of National Journal magazine.

Posted at 3:28 PM by Howard Bashman



En banc Seventh Circuit reinstates lawsuit alleging that parking ticket issued by Village of Palatine, Illinois contained too much information and thus violated the federal Driver’s Privacy Protection Act: You can access today’s en banc ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Circuit Judge Richard A. Posner issued a dissenting opinion, in which he writes, “I am not a fan of literal interpretation. But it is the proper default rule when it has reasonable consequences and there is no indication that the legislature stumbled in trying to translate legislative purpose into words.”

Posted at 11:57 AM by Howard Bashman



“N.J. Supreme Court upholds decal law for young drivers”: MaryAnn Spoto of The Newark Star-Ledger has a news update that begins, “Requiring young drivers to affix a red decal to their car’s license plate is not an invasion of their privacy and does not make them more vulnerable to predators, the state Supreme Court ruled this morning.”

And The Associated Press reports that “NJ court upholds decal law for young drivers.”

You can access today’s ruling of the Supreme Court of New Jersey at this link.

Update: In other coverage, Jef Feeley of Bloomberg News reports that “New Jersey’s Young-Driver Law Not Flawed, Court Concludes.”

Posted at 11:24 AM by Howard Bashman



“Sen. Lindsey Graham: Qualifications of Judicial Nominees Should Count More Than Politics.” James Podgers has this post at ABA Journal’s “Law News Now” blog.

Posted at 8:55 AM by Howard Bashman