“Appeals Court Grapples With Digital Files, and the Business of Selling ‘Used’ Songs; With predictions of a high-stakes Supreme Court review, a marathon court hearing is held over whether the first-sale doctrine has survived the digital era”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Therein, Gardner writes, “In a hearing that was scheduled to last 24 minutes but stretched past two hours, a panel of three judges regarded the past, present and future of digital entertainment.”

You can access via this link (62.1 MB mp3 audio file) the audio of Tuesday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Second Circuit.

“Appeals court panel rules against coach Kennedy in postgame prayer case”: Andrew Binion of The Kitsap Sun has this report.

Mike Carter of The Seattle Times reports that “Appeals court refuses to reinstate Bremerton coach who prayed after games.”

And Maura Dolan of The Los Angeles Times reports that “Football coach’s on-field prayer not protected by Constitution, appeals court rules.”

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

“Tucson’s Mexican Studies Program Was a Victim of ‘Racial Animus,’ Judge Says”: Maggie Astor of The New York Times has this report.

Jaweed Kaleem of The Los Angeles Times reports that “Federal judge says Arizona’s ban on Mexican American studies is racially discriminatory.”

Astrid Galvan of The Associated Press has a report headlined “Judge: Racism behind Arizona ban on Mexican-American studies.”

And Taylor Harris of Reuters has a report headlined “Arizona ban on ethnic studies unconstitutional: U.S. judge.”

Senior Ninth Circuit Judge A. Wallace Tashima, sitting by designation, issued yesterday’s ruling of the U.S. District Court for the District of Arizona. It is perhaps worth noting that Tashima served as a federal district judge in the Central District of California for nearly 16 years before he joined the Ninth Circuit in 1996.

“Arpaio Pardon Would Show Contempt for Constitution; And there would be only one remedy for Trump’s disrespect: impeachment.” Law professor Noah Feldman has this essay online at Bloomberg News.

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled “Trump’s Anti-Judge Playbook Originated With Arpaio: Of course the president will pardon him — it’s just another way for him to signal his disdain for the rule of law.”

By a vote of 7-to-5, en banc Eleventh Circuit dismisses as moot a constitutional challenge to ordinance banning the sale of sex toys in Sandy Springs, Georgia: You can access today’s en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

The majority opinion notes that its conclusion that the case is moot is the subject of a circuit split, so this particular challenge to a sex toy sales ban could be far from over if U.S. Supreme Court review were sought and obtained.

“Where are the Women: The Alarming Gender Gap Among Trump’s Judges.” Harsh Voruganti has this post at his blog, “The Vetting Room.”

“SAC Capital’s Martoma fails to overturn U.S. insider trading conviction”: Jonathan Stempel of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

“Striking down Long Island law targeting day laborers, 2nd Circuit splits on standing”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

“Google $8.5M Search Term Disclosure Class Settlement Affirmed”: Jimmy H. Koo of Bloomberg BNA has an article that begins, “Alphabet Inc.’s Google’s settlement of class allegations it disclosed user internet search terms to third-party websites is acceptable even though nearly none of the $8.5 million payout will go to users, a federal appeals court affirmed Aug. 22.”

I have posted yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.