How Appealing


Tuesday, May 15, 2012

"N.Y. Senate passes bill to make viewing child porn on Internet a crime": Reuters has a report that begins, "The New York State Senate on Tuesday passed legislation to make it a crime to view child pornography on the Internet, as lawmakers rushed to close a loophole opened by a state appeals court just a week earlier."
Posted at 10:32 PM by Howard Bashman




Tuesday, May 15, 2012

"Wells Fargo Seeks Reversal of $203 Million Overdraft Damages": Bloomberg News has this report.
Posted at 10:30 PM by Howard Bashman




Monday, May 14, 2012

Programming note: On Tuesday, I will be arguing an appeal before a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here on Tuesday afternoon.
Posted at 10:09 PM by Howard Bashman




Monday, May 14, 2012

"A Ticket, 3 Taser Jolts and, Perhaps, a Trip to the Supreme Court": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:08 PM by Howard Bashman




Monday, May 14, 2012

"Influential judge has cramped view of First Amendment": Online at the First Amendment Center, Douglas E. Lee has an essay that begins, "Those fond of the First Amendment should be glad that Richard Posner isn't in charge of interpreting it."
Posted at 02:33 PM by Howard Bashman




Monday, May 14, 2012

Now that's an expensive postage stamp, part two: How much will the U.S. Postal Service need to pay to the artist who made the soldier sculptures located at the Korean War Veterans Memorial in Washington, DC for depicting the sculptures in a postage stamp? Today the U.S. Court of Appeals for the Federal Circuit issued this ruling instructing the U.S. Court of Federal Claims to revisit that issue.

The Federal Circuit's earlier ruling in this case issued in February 2010. My coverage of that ruling can be accessed here.

In coverage of today's ruling, Bloomberg News reports that "Korean Memorial Sculptor Should Be Paid More, Court Says."

Update: In other coverage, Terry Baynes of Reuters has an article headlined "Sculptor can recover copyright royalties from USPS -- Fed Cir."
Posted at 01:26 PM by Howard Bashman




Monday, May 14, 2012

"Apple Wins Review of Tablet Patent in Samsung Dispute": Bloomberg News has this report.

And Reuters reports that "Court revives Apple claim on Samsung tablets."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 01:02 PM by Howard Bashman




Monday, May 14, 2012

Access online today's Order List and opinion in an argued case of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court did not grant review in any new cases.

Justice Sonia Sotomayor delivered the opinion of the Court in Hall v. United States, No. 10-875. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Anthony M. Kennedy, Ruth Bader Ginsburg, and Elena Kagan joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press has reports headlined "Court says farmers must pay bankruptcy tax"; "Court won't hear appeals from Bulger victim family"; "Court turns away PR congressional vote lawsuit"; "High court nixes appeals over shipwreck treasure"; and "Court won't consider giving man new trial."
Posted at 10:07 AM by Howard Bashman




Monday, May 14, 2012

"Four ways to improve Michigan Supreme Court elections": In yesterday's edition of The Detroit Free Press, Michigan Supreme Court Justice Marilyn Kelly and Senior Sixth Circuit Judge James L. Ryan had this essay.
Posted at 07:20 AM by Howard Bashman




Monday, May 14, 2012

"Sen. Lee, son of top Reagan official, learned early lessons from Harry Reid": The Hill has this profile of U.S. Senator Mike Lee (R-UT).
Posted at 07:14 AM by Howard Bashman




Monday, May 14, 2012

"Money Unlimited: The Chief Justice and Citizens United." Jeffrey Toobin has this "Annals of Law" article in the May 21, 2012 issue of The New Yorker.
Posted at 07:12 AM by Howard Bashman




Sunday, May 13, 2012

"Supreme Court challengers say court is too pro-business": In Monday's edition of The Austin American-Statesman, Chuck Lindell will have an article that begins, "Three members of the all-Republican Texas Supreme Court face re-election this year, but two will have to survive primary opponents who accuse the court of becoming too pro-business."
Posted at 09:42 PM by Howard Bashman




Sunday, May 13, 2012

"LCD Case Takes a New Twist; Ethics Battle Erupts Over Lawyer Chosen by Executive Convicted of Price Fixing": In Monday's edition of The Wall Street Journal, Brent Kendall will have an article that begins, "In an unusual showdown over government ethics, the Justice Department is challenging former acting Solicitor General Neal Katyal over his bid to represent an electronics executive convicted of price fixing."

You can freely access the full text of the article via Google News.
Posted at 09:38 PM by Howard Bashman




Sunday, May 13, 2012

"Obama Pitches Equal Pay to Win Women Even as Charges Drop": Bloomberg News has a report that begins, "Some days, it may seem that President Barack Obama's running mate is Lilly Ledbetter."
Posted at 09:33 PM by Howard Bashman




Sunday, May 13, 2012

"Top judge: ditching software patents a 'bad solution'; Former Federal Circuit Judge Paul Michel sees no 'magic bullets' for patent reform." Timothy B. Lee has this post today at the "Ars Technica" blog.
Posted at 09:25 PM by Howard Bashman




Sunday, May 13, 2012

"Back home in Toronto, Conrad Black plans to keep low profile": This article will appear Monday in The Toronto Globe and Mail.
Posted at 09:20 PM by Howard Bashman




Sunday, May 13, 2012

"Employment lawyer fights regulations": Monday's edition of The Washington Post will contain an article that begins, "Eugene Scalia is a well-known name in Washington -- his father is U.S. Supreme Court Justice Antonin Scalia. The younger Scalia is a partner at Gibson Dunn & Crutcher who has carved out a niche representing business groups against regulatory agencies over corporate rules they consider unnecessary."
Posted at 09:14 PM by Howard Bashman




Sunday, May 13, 2012

"Gay-Marriage Cases Pose Legal Tests for Administration": Jess Bravin will have this article Monday in The Wall Street Journal.
Posted at 09:12 PM by Howard Bashman




Sunday, May 13, 2012

"Justice says he'll defend same-sex marriage vote in campaign; 'I'm not going to let them bully me,' says David Wiggins, who joined 2009 same-sex marriage ruling": Today's edition of The Des Moines Register contains an article that begins, "Iowa Supreme Court Justice David Wiggins vows he won't stand quietly by if opponents of same-sex marriage launch a potent campaign to oust him from the bench."
Posted at 10:14 AM by Howard Bashman




Sunday, May 13, 2012

"Louis H. Pollak, Civil Rights Advocate and Federal Judge, Dies at 89": This obituary appears today in The New York Times.
Posted at 10:12 AM by Howard Bashman




Sunday, May 13, 2012

"Under the U.S. Supreme Court: 2012 election drowning in secret money." Michael Kirkland of UPI has this report.
Posted at 08:45 AM by Howard Bashman




Saturday, May 12, 2012

"Chafee, R.I. inmate ask appeals court to delay order": The Associated Press has a report that begins, "Governor Lincoln Chafee and defense attorneys asked an appeals court in Boston Friday to delay issuing an order in a tug-of-war over a Rhode Island inmate facing a possible death-penalty prosecution so that the Supreme Court can decide whether to review the case."

And yesterday, The Providence Journal had news updates headlined "RI Gov. Chafee asks appeals court not to act in Pleau case, to allow Supreme Court appeal" and "Federal prosecutors urge appeals court to move ahead with Pleau case." The newspaper has posted online the motion for stay of mandate and the federal government's answer in opposition.
Posted at 01:44 PM by Howard Bashman




Saturday, May 12, 2012

"Healthcare case capped a rough year for solicitor general; Arguing for the Obama administration, Donald Verrilli Jr. took on his highest-stakes case yet in the Supreme Court, and seemed repeatedly caught off guard": David G. Savage has this article today in The Los Angeles Times.
Posted at 01:20 PM by Howard Bashman




Saturday, May 12, 2012

"Bill aimed at stopping sharia law passes Senate": Today's edition of The Topeka Capital-Journal contains an article that begins, "The Senate passed a bill dubbed 'American law for American courts' Friday that would prevent any court in the state from making a ruling based on foreign or religious laws that run counter to the U.S. or Kansas Constitutions."

The Wichita Eagle reports today that "Senate OKs bill to ban foreign laws."

And The Associated Press reports that "Kansas lawmakers pass anti-Islamic law measure."
Posted at 01:03 PM by Howard Bashman




Friday, May 11, 2012

"Supreme Court votes not to reappoint chairman in Prosser discipline case": The Wisconsin State Journal has this news update.

The Milwaukee Journal Sentinel has a news update headlined "Three justices miffed over Judicial Commission appointment."

And Bloomberg News reports that "Wisconsin Top Court Fires Judicial Oversight Panel Chief."
Posted at 11:47 PM by Howard Bashman




Friday, May 11, 2012

"Appeals court revives Iraq contractor torture cases": Terry Baynes of Reuters has this report.

The Associated Press reports that "Va. appeals court revives Abu Ghraib lawsuits."

And at "SCOTUSblog," Lyle Denniston has a post titled "Setback for Abu Ghraib contractors."

My earlier coverage of today's en banc Fourth Circuit ruling appears at this link.
Posted at 08:25 PM by Howard Bashman




Friday, May 11, 2012

"Gay marriage moves closer to Supreme Court": David Ingram of Reuters has this report.
Posted at 08:20 PM by Howard Bashman




Friday, May 11, 2012

"Attorneys argue for no-fly lawsuit to be reinstated in U.S. District Court in Portland": The Oregonian has this news update.

And The Associated Press reports that "Federal appeals court in Ore. takes up no-fly case." The AP's report, in its current uncorrected form, refers to "9th Circuit Court of Appeals Chief Judge Alex Kozinsky." See also The AP reporter's tweet about his article.
Posted at 06:10 PM by Howard Bashman




Friday, May 11, 2012

"Victim can be compelled to testify": The Lincoln Journal Star has a news update that begins, "The Nebraska Supreme Court has affirmed a Lincoln judge's order, finding an alleged sexual assault victim in contempt for refusing to testify."

And The Associated Press has a report headlined "Nebraska court: Woman must testify in rape case."

You can access today's ruling of the Supreme Court of Nebraska at this link.
Posted at 03:32 PM by Howard Bashman




Friday, May 11, 2012

Seventh Circuit Chief Judge Frank H. Easterbrook issues opinion examining a provision of the Telephone Consumer Protection Act that curtails the use of automated dialers and prerecorded messages to cell phones: You can access Chief Judge Easterbrook's quite interesting opinion, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, at this link.
Posted at 03:10 PM by Howard Bashman




Friday, May 11, 2012

"Louis Pollak, a 'Powerful Heart'": Lincoln Caplan has this essay today in The New York Times.
Posted at 01:45 PM by Howard Bashman




Friday, May 11, 2012

"En Banc Fourth Circuit Dismisses Contractors' Appeals in Abu Ghraib Torture Suit": Steve Vladeck has this post at the "Lawfare" blog about an en banc ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:33 PM by Howard Bashman




Friday, May 11, 2012

"Federal Judge Richard Posner takes on science and law; Technical advances outpace, outsmart many in court, he says": In today's edition of The Chicago Tribune, Ameet Sachdev's "Chicago Law" column begins, "Richard Posner, a distinguished federal judge in Chicago, paints an unsettling picture of how judges deal with the intersection of science and the law, an increasingly busy and complex juncture."
Posted at 12:58 PM by Howard Bashman




Friday, May 11, 2012

"Court won't order Google-NSA interactions released": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:36 AM by Howard Bashman




Friday, May 11, 2012

"Chemical Weapons Act Upheld by 3rd Circuit on Remand From High Court": In today's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- Saranac Hale Spencer has this article, in which I am quoted.
Posted at 11:30 AM by Howard Bashman



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