How Appealing


Thursday, August 25, 2016

Programming note: On Friday, I will be traveling to Portland, Maine, where this weekend I will attend this season's final two home games of the Portland Sea Dogs (the AA Eastern League affiliate of the Boston Red Sox), hosting the Trenton Thunder (the AA Eastern League affiliate of the New York Yankees). At least one brewery tour and eating lobster are also on the agenda.

Tomorrow's journey will also feature a stop for lunch (more info here) in Worcester, Massachusetts.

As a result, additional posts will appear here on Friday night. In the interim, while I am on the road, additional appellate-related retweets may appear on this blog's now-verified Twitter feed.
Posted at 11:20 PM by Howard Bashman




"Court: Michigan sex offender rules cannot be retroactive." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:34 PM by Howard Bashman




"Appeal seeks to overturn 'Blurred Lines' copyright verdict": The Associated Press has this report.

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "'Blurred Lines' Creators Urge Appeals Court to Reverse Marvin Gaye Family's Trial Victory."
Posted at 10:18 PM by Howard Bashman




"Bringing a Chicken to the Immigration Fight": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:08 PM by Howard Bashman




"What The #@$% Is 'Moral Turpitude' (Or Why I Love Posner Opinions)": Dan Klau has this post today at his "Appealingly Brief!" blog about a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.

The opinion concurring in the judgment that Circuit Judge Richard A. Posner issued in the case can be accessed here.
Posted at 09:56 PM by Howard Bashman




"Lawsuit opens new front in Obama immigration legal fight": Lawrence Hurley of Reuters has this report.
Posted at 09:38 PM by Howard Bashman




"Louisiana Floods: 2012 Supreme Court ruling may spur takings lawsuits." Amanda Reilly of Greenwire has this report.
Posted at 05:00 PM by Howard Bashman




"In Quoting Profanity, Some Judges Give a F#%&. Others Don't": Zoe Tillman of The National Law Journal has this report.
Posted at 03:14 PM by Howard Bashman




"Ranking Law Professors by Judicial Impact": Jacob Gershman has this post today at WSJ.com's "Law Blog" about a paper titled "Judicial Impact of Law School Faculties" recently posted online at SSRN.
Posted at 02:53 PM by Howard Bashman




"It's still Cady's Court: Our statistical review of the Iowa Supreme Court's 2015-16 term." Ryan Koopmans has this post today at "On Brief: Iowa's Appellate Blog."
Posted at 02:44 PM by Howard Bashman




"Two Liberal Judges Take a Stand Against Tenure": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:11 PM by Howard Bashman




"Supreme Court Opinion Readability 2015": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 02:08 PM by Howard Bashman




"Border exception" to Fourth Amendment's reasonable suspicion requirement for warrantless search stretched to the breaking point, Sixth Circuit judge asserts: A partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this interesting decision today.
Posted at 01:50 PM by Howard Bashman




"Voter fraud is not a persistent problem": Sami Edge and Sean Holstege of News21 have this report. News 21 recently launched its "Voting Wars" web site.
Posted at 01:38 PM by Howard Bashman




"Is court deference to federal agencies unconstitutional? 10th Circuit judge thinks so." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 01:30 PM by Howard Bashman




"Appeals court overturns jury verdict that cleared Anaheim police in shooting of unarmed man": Maura Dolan of The Los Angeles Times has this report.

Sean Emery of The Orange County Register reports that "New trial ordered in suit over man's killing by Anaheim police."

And The Associated Press reports that "Retrial ordered in suit over man's killing by California cop."

Circuit Judge John B. Owens wrote yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.
Posted at 01:26 PM by Howard Bashman




"Why it Matters: Supreme Court." Mark Sherman of The Associated Press has this report.
Posted at 01:14 PM by Howard Bashman




"SCOTUS Short-Lister Watford Praised by Both Sides": Patrick Gregory of Bloomberg BNA has this report.
Posted at 11:26 AM by Howard Bashman




"'The Brain' and 'The Monster': The Many Personas of Judge Richard Posner." Jacob Gershman has this post today at WSJ.com's "Law Blog."
Posted at 11:20 AM by Howard Bashman




"Do Judicial Deference Doctrines Actually Matter?" Christopher J. Walker has this post today at the blog of the Library of Law and Liberty.
Posted at 11:11 AM by Howard Bashman




"Four Begin Supreme Court Fellowships": The Administrative Office of the U.S. Courts issued this news release today.
Posted at 11:06 AM by Howard Bashman




"Rendell's role in Third Circuit en banc cases, and another look at whether the court uses en banc rehearing ideologically": Matthew Stiegler has this post at his "CA3blog."
Posted at 11:04 AM by Howard Bashman




"Clock running out on challenges to voting rights cases in key states": Ariane de Vogue of CNN.com has this report.
Posted at 09:42 AM by Howard Bashman




"Hillary Clinton will likely have a unique chance to remake the federal judiciary": Matthew Yglesias has this post at Vox.com.
Posted at 09:37 AM by Howard Bashman




"The Tenth Circuit vs. Brand X": Daniel Hemel has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:33 AM by Howard Bashman




Wednesday, August 24, 2016

Programming note: This evening, I will be in Washington, DC watching the Washington Nationals host the Baltimore Orioles, attending the game with a DC-based baseball superfan. As a result, additional posts will appear here on Thursday morning.

In the interim, as usual while I am on the road, additional appellate-related retweets may appear on this blog's now-verified Twitter feed.
Posted at 01:44 PM by Howard Bashman




"Victims of attacks in Israel lose U.S. appeal vs Lebanese bank": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:32 PM by Howard Bashman




"One sitting judge and two aspiring judges from Kentucky wish to exercise their free-speech rights during this and future judicial elections." So begins an opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 01:25 PM by Howard Bashman




"LA Hotel Minimum-Wage Law Survives 9th Circuit": Barbara Leonard of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued late yesterday.
Posted at 01:20 PM by Howard Bashman




"Residency where marijuana is legal no reason for police search -- U.S. court": Jonathan Stempel of Reuters has this report.

And The Associated Press has a report headlined "Court: Out-of-state license plates don't justify search."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:14 AM by Howard Bashman




Judge Gorsuch, merely a dissent away from the appellate judging trifecta: As readers are well aware, the author of this blog has long viewed opinions written by Tenth Circuit Judge Neil M. Gorsuch as must-read. In addition, the author of this blog is amused ever so slightly when the same judge who wrote the opinion of the court for an appellate panel also adds a concurring opinion. In such instances, the authoring judge is merely a dissenting opinion away from the seemingly ever elusive appellate judging trifecta. (For those keeping score at home, this blog's archives reveal that the trifecta has been achieved at least once during in the more than 14-year history of "How Appealing.")

Yesterday, the U.S. Court of Appeals for the Tenth Circuit issued a decision that checked both of those first two boxes. Even better, insofar as some readers are concerned, the opinions deal with the still controversial subject of Chevron deference.
Posted at 11:02 AM by Howard Bashman




"Kansas is latest state to press for voter restrictions": John Bacon of USA Today has this report.

Reuters reports that "Kansas asks U.S. appeals court to reinstate strict voter ID rule."

And The Associated Press reports that "Court considers Kansas rule that voters prove citizenship."

You can access via this link (4.46 MB mp3 audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.
Posted at 10:42 AM by Howard Bashman




Tuesday, August 23, 2016

"Federal appeals court orders a new trial in 1991 murder of 17-year-old girl killed for her earrings": Robert Moran of The Philadelphia Inquirer has an article that begins, "A federal appeals court ruled Tuesday that a Philadelphia man sentenced to die for the 1991 murder of a teenage girl who was killed for her earrings should be freed or granted a new trial because evidence suggesting his innocence was withheld by police and prosecutors."

You can access today's 227-page en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:14 PM by Howard Bashman




"Ban on advocacy ads at airport ruled unconstitutional": Julia Terruso of The Philadelphia Inquirer has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 11:05 PM by Howard Bashman




"SF court casts doubt on cockfighting as a deportable crime": Bob Egelko of The San Francisco Chronicle has this report.

And Maura Dolan of The Los Angeles Times reports that "Federal appeals court sides with immigrant convicted of cockfighting."

Circuit Judge John B. Owens issued today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

And today at "Above the Law," Kathryn Rubino has a post about Circuit Judge Owens titled "Our New Favorite Federal Jurist Punches Up Opinions With Pop Culture References." See also this earlier "How Appealing" post.
Posted at 08:30 PM by Howard Bashman







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