How Appealing



Thursday, November 17, 2011

“Longtime Appellate Lawyer Nominated For D.C. Court of Appeals”: At “The BLT: The Blog of Legal Times,” Mike Scarcella has a post that begins, “Roy McLeese III, a veteran appellate attorney in Washington, was nominated Thursday to a slot on the D.C. Court of Appeals.”

Posted at 10:14 PM by Howard Bashman



“Appeals court rejects request by serial downloader”: Reuters has a report that begins, “A federal appeals court on Thursday rejected a music downloader’s request to rehear his case after a three-judge panel reinstated a $675,000 judgment against him. The 1st Circuit Court of Appeals denied Joel Tenenbaum another opportunity to argue his case against Sony BMG Music Entertainment, this time before an expanded judicial panel.”

Posted at 10:08 PM by Howard Bashman



Governing body on matters of federal judicial conduct holds that a judge’s membership in an organization that practices invidious discrimination on the bases of race and sex violates the Code of Conduct for federal judges and constitutes misconduct under the Judicial Conduct and Disability Act: You can access today’s unanimous ruling of the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States at this link.

My earlier coverage of this matter appears here and here. In the more recent of those two earlier posts, I linked to the Sixth Circuit Judicial Council’s decision and the opinions dissenting therefrom and the findings of fact, analysis and recommendations of the standing investigating committee of the Sixth Circuit Judicial Council.

Update: In early news coverage, Mark Sherman of The Associated Press reports that “Panel says federal bankruptcy judge in Tenn. should not be member of segregated country club.”

Posted at 4:18 PM by Howard Bashman



Access today’s ruling of the Supreme Court of California in Perry v. Brown: The Court has posted the ruling online at this link. At issue in the case is whether the official proponents of an initiative measure have standing to defend the constitutionality of the measure when the public officials charged with that duty decline to do so.

California’s highest court has summarized its ruling today as follows: “In a postelection challenge to a voter-approved initiative measure, the official proponents of the initiative are authorized under California law to appear and assert the state’s interest in the initiative’s validity and to appeal a judgment invalidating the measure when the public officials who ordinarily defend the measure or appeal such a judgment decline to do so.”

The court’s ruling was by a unanimous vote of 7-to-0.

In early news coverage, The Associated Press reports that “Court says backers can defend gay marriage measure.”

Posted at 1:01 PM by Howard Bashman



“Appeals Court Examines First-Ever Narco-Terrorism Conviction”: At “The BLT: The Blog of Legal Times,” Mike Scarcella has a post that begins, “A lawyer representing the first person ever convicted for violating narco-terrorism laws told a federal appeals court in Washington today that the evidence in the case was insufficient to support the charges.”

Posted at 12:50 PM by Howard Bashman



“Judge Posner on School Law and ‘Spoiled Kids'”: Earlier this week at the “School Law” blog of Education Week, Mark Walsh had a post that begins, “A prominent federal appeals court judge said in a recent speech that courts should defer more to school administrators, and that students today are ‘spoiled and coddled’ and should ‘learn to roll with the punches’ and not be hypersensitive about political or religious messages in schools they might find offensive.”

Posted at 10:27 AM by Howard Bashman



“Dershowitz Donates Papers to His College”: Today’s edition of The Harvard Crimson contains an article that begins, “Starting Monday researchers could access over a million papers belonging to Harvard Law Professor Alan M. Dershowitz. But not at Harvard. He donated his papers to Brooklyn College because he credits his success to his undergraduate experience there.”

Posted at 8:32 AM by Howard Bashman



“Retired Supreme Court judge to head New Zealand inquiry”: In today’s edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, “Just days after retiring from the Supreme Court of Canada, Ian Binnie has disproved the adage that old judges simply fade away by landing a high-profile appointment from the New Zealand government.”

And in Tuesday’s newspaper, Makin had an article headlined “Humility, humour mark day as new judges sworn in.”

Posted at 8:26 AM by Howard Bashman



“Ruling ordering better VA mental health treatment is withdrawn; The decision by a three-judge panel will be reconsidered by the full 9th Circuit Court of Appeals; The case was brought by activists who alleged systemic failure to treat psychological injuries”: Carol J. Williams has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that “Appeals court to rehear case on overhaul of VA.”

My earlier coverage of yesterday’s Ninth Circuit order granting rehearing en banc can be accessed here.

Posted at 8:24 AM by Howard Bashman