How Appealing

Tuesday, December 30, 2008

"Court: Religious objection won't stop DNA sampling." Jesse J. Holland of The Associated Press provides this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 09:10 PM by Howard Bashman

"Court upholds conviction for videotaping nude girlfriend": The Wisconsin State Journal provides a news update that begins, "In a decision that will have an impact on a similar Dane County case, a state appeals court ruled Tuesday that it was illegal for a former Waunakee High School teacher to secretly videotape his then-girlfriend in the nude, even though she was willingly nude in front of him."

And The Associated Press provides a report headlined "Wis. court: Nude people still have privacy rights."

You can access today's ruling of a divided three-judge panel of the Wisconsin Court of Appeals at this link.
Posted at 09:07 PM by Howard Bashman

"Sex Offender Keeps Law License": At his "New York Personal Injury Law Blog" today, Eric Turkewitz has a post that begins, "In a decision released today, a sharply divided panel of the Appellate Division, First Department determined that an admitted sex offender will keep his New York law license." The court's ruling can be accessed here.
Posted at 04:10 PM by Howard Bashman

"Doe v. SexSearch Affirmed by 6th Circuit, But Not on 230 Grounds": Eric Goldman has this post at his "Technology & Marketing Law Blog."

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 04:05 PM by Howard Bashman

"This case is finito." So ends an opinion that Seventh Circuit Judge Richard A. Posner issued today in typescript form on behalf of a unanimous three-judge panel of that court.
Posted at 03:25 PM by Howard Bashman

A sentence of 28 years to life imprisonment under California's "Three Strikes" law for failing to update annual sex offender registration within five working days of one's birthday violates the prohibition against cruel and unusual punishment: So holds a mostly conservative three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in an opinion issued today.

Update: At his "Sentencing Law and Policy" blog, Doug Berman has this post about the ruling.
Posted at 03:10 PM by Howard Bashman

"Group sues to reinstate firearms ban": Jesse J. Holland of The Associated Press has a report that begins, "The Brady Campaign to Prevent Gun Violence sued the Bush administration Tuesday in hopes of stopping a new policy that would allow people to carry concealed, loaded guns in most national parks and wildlife refuges."

Via the Brady Campaign's web site, you can access a news release titled "Brady Campaign Sues Interior Department Over Rule Allowing Concealed Guns In Parks, Will Seek Injunction" and the complaint initiating suit.
Posted at 02:57 PM by Howard Bashman

The U.S. Court of Appeals for the Third Circuit has today issued a decision making it much more difficult to grant class certification in antitrust cases: Because the decision is not yet available over that court's web site, I have uploaded a copy of today's ruling in In re: Hydrogen Peroxide Antitrust Litigation at this link.

Update: The opinion is now also available via the Third Circuit's web site at this link.
Posted at 11:52 AM by Howard Bashman

D.C. Circuit rejects prisoner's challenge under the Religious Freedom Restoration Act to the DNA Analysis Backlog Elimination Act of 2000: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:40 AM by Howard Bashman

The U.S. Court of Appeals for the Sixth Circuit has today issued its ruling in John Doe v. The opinion begins:
Pseudonymous plaintiff John Doe appeals the dismissal of his complaint against defendant, ("SexSearch"), an online adult dating service that facilitates sexual encounters between its members. Doe used SexSearch to meet Jane Roe, who described herself as an eighteen-year-old female. The two met and had sexual relations. Roe, it turned out, was actually fourteen years old, and Doe was consequently arrested and charged with three counts of unlawful sexual conduct with a minor. In an unusual case of first impression, Doe then filed suit against SexSearch, alleging an array of violations under Ohio law, most of which are variations on the claim that SexSearch is at fault for Doe's sexual relationship with a minor and the harm that resulted from his arrest.
In summarizing today's holding, the court explains, "Because we agree with the district court that Doe's complaint failed to state a claim, we do not reach the question of whether the Communications Decency Act provides SexSearch with immunity from suit. We do not adopt the district court's discussion of the Act, which would read section 230 more broadly than any previous Court of Appeals decision has read it, potentially abrogating all state- or common-law causes of action brought against interactive Internet services." The district court's opinion granting defendants' motion to dismiss can be accessed here.

You can access the plaintiff's complaint initiating this lawsuit at this link. You can access defendants' motion to dismiss at this link. Plaintiff's response to the motion to dismiss can be accessed here, while defendants' reply brief in support of the motion to dismiss can be viewed at this link.

Justin Bourne of Adult Video News covered the federal district court's decision dismissing the lawsuit in an article headlined "U.S. Judge rules in Favor of SexSearch; Federal court dismisses 'negligence' claim against networking and dating sites." [Caution -- article contains images that are not work-safe.] And more recently, in covering the appellate proceeding, Bourne had a blog post titled "Sex Search Files Appellate Brief in U.S. Court of Appeals; Company urges court to deny appeal against lawsuit's dismissal."
Posted at 10:35 AM by Howard Bashman

"Lawsuit begins with end of parrot; Inmates' rights questioned after man not allowed to make call": Yesterday's edition of The News Journal of Wilmington, Delaware contained an article that begins, "The death of Freddy the parrot could be debated in federal courts. It also could raise questions about the right of the accused to get 'one phone call' after being arrested." (Via "Obscure Store.")
Posted at 09:27 AM by Howard Bashman

"Fate of inmates unsettled if Gitmo closes; Terror experts assess options, risks to U.S." This article appears today in USA Today.

And online at FindLaw, Joanne Mariner has an essay entitled "Advice to Obama on Closing Guantanamo."
Posted at 09:22 AM by Howard Bashman

"State Supreme Court rules those on probation must tell officers about any pet they own": The Press-Enterprise of Riverside, California today contains an article that begins, "Whether it's Fluffy or Fido, probationers must tell probation officers about any pet they own, the California Supreme Court ruled Monday. The decision kills a 2005 challenge from San Bernardino County Superior Court saying that the pets requirement was too general. In the opinion, the court cited the need to protect probation officers from dangerous animals when they check on probationers."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 09:20 AM by Howard Bashman

Available online from Shannon P. Duffy of The Legal Intelligencer reports that "3rd Circuit Slashes Punitives, Imposes 1-1 Ratio." You can access at this link last week's non-precedential ruling of a two-judge panel of the U.S. Court of Appeals for the Third Circuit.

And in other news, an article is headlined "Will Famed Rocket Docket Fizzle Out in Wake of Federal Circuit Ruling? Texas court slapped down for holding onto case; ruling bolsters recent 5th Circuit order."
Posted at 09:10 AM by Howard Bashman

"Bush has successfully defended anti-terrorism policies; Domestic surveillance, rounding up Muslim men after Sept. 11, harsh interrogations -- the administration has beat back nearly all legal challenges to its controversial programs": David G. Savage has this front page news analysis today in The Los Angeles Times.
Posted at 08:50 AM by Howard Bashman

"Civil rights pioneer leaving appellate bench": This article appears today in The Atlanta Journal-Constitution.
Posted at 08:45 AM by Howard Bashman

"In N.C., death penalty gets rarer; In the 31 years since the punishment was reinstated, the numbers of death cases heard and sentences handed out have steeply declined": The News & Observer of Raleigh, North Carolina today contains an article that begins, "North Carolina will finish this year with just one defendant sentenced to death, a record low since the penalty was reinstated 31 years ago."
Posted at 08:40 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog