How Appealing



Wednesday, August 17, 2016

“Wyoming Supreme Court hears arguments on same-sex marriage”: The Associated Press has a report that begins, “Removing a Wyoming judge from the bench because she won’t perform same-sex weddings would violate her constitutional rights, her lawyer told the state’s top court Wednesday.”

Posted at 11:18 PM by Howard Bashman



“EFF Asks Supreme Court To Review ‘Dancing Baby’ Copyright Case; Copyright Holders Must Be Held Accountable For Baseless Takedown Notices”: The Electronic Frontier Foundation recently issued this news release.

Posted at 11:08 PM by Howard Bashman



“Supreme Court Justice Ginsburg shares love of reading”: Dan Schwartz of The Santa Fe New Mexican has this report.

On a somewhat related note, on Friday, September 16, 2016, I will be the keynote speaker for the Appellate Practice Institute of the Appellate Practice Section of the State Bar of New Mexico. My talk will occur in Albuquerque, but in the days preceding that event I will be visiting Santa Fe and Taos. Because this will be my very first time in New Mexico. I would love to hear from readers of this blog are willing to offer suggestions about things to do and see, and places to eat, during my upcoming visit to the Land of Enchantment.

Posted at 11:05 PM by Howard Bashman



“[California] Supreme Court grants unusual Ninth Circuit request”: David Ettinger has this post today at Horvitz & Levy’s “At the Lectern” blog.

Posted at 10:25 PM by Howard Bashman



“Plaintiff Fires Back at Honda in Crashworthiness Jury Charge Fight”: Max Mitchell will have this article in Thursday’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

You can access at this link Honda’s proposed post-submission communication, submitted last Friday. And you can access plaintiffs’ answer in opposition, filed this morning, at this link.

In a post you can access here, I previously linked to the briefs filed in the appeal, which I argued on behalf of plaintiffs-appellees in the Pa. Superior Court last Tuesday.

Posted at 9:04 PM by Howard Bashman



“Criminal defense bar sides with business lobby in False Claims Act case at SCOTUS”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 8:42 PM by Howard Bashman



“Five SCOTUS Decisions Making Waves in the Lower Courts”: Adam Feldman has this post today at his “Empirical SCOTUS” blog.

Posted at 8:30 PM by Howard Bashman



“Chief Justice Won’t Extend Deadline For Lawyers Defending Anti-Trans Bathroom Policy; They said they’re very busy defending an anti-trans bathroom law in another state”: Cristian Farias of The Huffington Post has this report.

Posted at 2:24 PM by Howard Bashman



“The Right-Wing Legacy of Justice Lewis Powell, and What It Means for the Supreme Court Today”: Bill Blum has this post at Truthdig.

Posted at 2:20 PM by Howard Bashman



“Toronto lawyer watching Trudeau’s Supreme Court pick closely”: Laura Stone of The Toronto Globe and Mail has an article that begins, “The Toronto lawyer who helped bring down one of Stephen Harper’s picks for the Supreme Court says he will consider another legal challenge if the Trudeau government does not choose an Atlantic Canadian to be the next judge on Canada’s top court.”

Posted at 11:54 AM by Howard Bashman



“In legal battle with homeless advocate, St. Petersburg wins court ruling over trespassing”: Mark Puente of The Tampa Bay Times has an article that begins, “A federal appeals court ruled Monday that St. Petersburg police did not violate the First Amendment rights of the Rev. Bruce Wright, a homeless advocate who officers arrested for trespassing at Williams Park in 2013.”

As the opening paragraph of Chief Judge Ed Carnes‘s opinion for a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit memorably observes, “Wright is wrong.”

Posted at 11:38 AM by Howard Bashman



“California gun case could be headed to Supreme Court”: Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 9:54 AM by Howard Bashman



“GULC Professor Named ACLU’s National Legal Director”: Gaia Mattiace of The Georgetown Hoya has an article that begins, “Georgetown Law Professor David Cole will serve as the American Civil Liberties Union’s new national legal director, the organization announced July 22.”

Posted at 9:50 AM by Howard Bashman



“After Lawsuit, New Jersey Allows Driver to Get ‘8THEIST’ License Plate”: Liam Stack has this article in today’s edition of The New York Times.

The Associated Press reports that “Woman can now use ‘8THEIST’ license plate after settling lawsuit.”

And The Guardian (UK) has an article headlined “Honk if you’re an 8THEIST: how forbidden vanity plates vary by US state; A case settled in federal court last week will expand New Jersey’s policies on vanity license plates — but in many states, there are still a lot of taboo words.”

Posted at 9:28 AM by Howard Bashman



“Accused Markel killer remains in jail for now”: Jeff Burlew of The Tallahassee Democrat has an article that begins, “One of two men accused of killing Florida State law professor Dan Markel will have to wait a little longer in jail before a judge decides whether bond will be set.”

Posted at 7:42 AM by Howard Bashman