How Appealing



Friday, April 17, 2009

“Teen sues S.C. on stimulus standoff; Chapin High senior takes on Sanford”: The State newspaper of Columbia, South Carolina today contains an article that begins, “A Chapin High School senior has filed a lawsuit asking the S.C. Supreme Court to decide who — Gov. Mark Sanford or the Legislature — controls $700 million in disputed federal stimulus money. In an indication it could act swiftly, the court ordered S.C. Attorney General Henry McMaster to respond to the lawsuit by Monday. Casey Edwards, the 18-year-old who filed the lawsuit Thursday, said S.C. students and schools are suffering from budget cuts and would benefit from the money.”

Posted at 8:30 AM by Howard Bashman



“Board rejects Demjanjuk bid, court wants more info”: The Associated Press has a report that begins, “A U.S. appeals court wants to see details of a medical report indicating that John Demjanjuk, who is wanted in Germany to face accusations he served as a Nazi death camp guard, is healthy enough to make that trip from Ohio safely.”

The U.S. Court of Appeals for the Sixth Circuit issued this briefing order yesterday.

Posted at 8:23 AM by Howard Bashman



“Judge signs off on San Quentin improvements”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal judge has ended nearly three decades of supervision over conditions on Death Row at San Quentin State Prison after authorities made court-ordered improvements ranging from giving inmates more legal help and exercise time to getting rid of rodents and bird droppings.”

Posted at 8:20 AM by Howard Bashman



“Thomas More Society Petitions U.S. Supreme Court to Allow ‘Choose Life’ Illinois License Plates; Petition says U.S. Seventh Circuit decision violates Illinois Citizens’ free speech rights”: The Thomas More Society issued this news release yesterday.

You can access my earlier coverage from yesterday, which included a link to the cert. petition, by clicking here.

Posted at 8:11 AM by Howard Bashman



Thursday, April 16, 2009

“McLean Students Sue Anti-Cheating Service; Plaintiffs Say Company’s Database of Term Papers, Essays Violates Copyright Laws”: An article published in the March 29, 2007 issue of The Washington Post begins, “Two McLean High School students have launched a court challenge against a California company hired by their school to catch cheaters, claiming the anti-plagiarism service violates copyright laws. The lawsuit, filed this week in U.S. District Court in Alexandria, seeks $900,000 in damages from the for-profit service known as Turnitin. The service seeks to root out cheaters by comparing student term papers and essays against a database of more than 22 million student papers as well as online sources and electronic archives of journals. In the process, the student papers are added to the database.”

In March 2008, the U.S. District Court for the Eastern District of Virginia issued a ruling that rejected the plaintiffs’ lawsuit. At BNA’s “E-Commerce and Tech Law Blog,” Thomas O’Toole had a post about that ruling titled “Turnitin.com Lawsuit Yields Rulings on Browsewrap Contracts, Fair Use of Copyrighted Expression.”

Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a decision that affirmed the district court’s rejection of the plaintiffs’ complaint. The Fourth Circuit’s ruling also contained additional bad news for the plaintiffs, because the appellate court reversed the district court’s dismissal of the company’s counterclaims and remanded those counterclaims for further proceedings in the district court. In coverage of today’s ruling, at BNA’s “E-Commerce and Tech Law Blog,” Thomas O’Toole had a post titled “Fourth Circuit’s Turnitin.com Ruling Brings More Trouble for Plaintiffs.”

Posted at 10:32 PM by Howard Bashman



“Federal court blocks webcast of music piracy suit”: Jonathan Saltzman of The Boston Globe has a news update that begins, “A federal appeals court panel today blocked a trial judge in Boston from allowing live Internet coverage of an upcoming hearing in a closely watched lawsuit against a Boston University student accused of downloading music illegally.”

The Associated Press reports that “Music downloading hearing can’t be streamed online.”

At Wired.com’s “Threat Level” blog, David Kravets has a post titled “Court Bars RIAA Trial Webcast.”

And at his “Copyrights & Campaigns” blog,” Ben Sheffner has a post titled “First Circuit rejects District Court webcast in Tenenbaum case; court rules Gertner lacked authority to permit cameras in courtroom.”

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

Posted at 7:50 PM by Howard Bashman



Programming note: Due to a day-long Continuing Legal Education session, I’ll be away from the computer until later today. Additional posts will appear here this evening.

Posted at 7:05 AM by Howard Bashman



“Ga. Supreme Court Mulls Teacher’s Consent Defense Over Sex With Student; Former teacher appeals conviction for encounter with 16-year-old”: law.com has this report.

Posted at 7:04 AM by Howard Bashman



Wednesday, April 15, 2009

“Texas Voting Rights Act Case Will Be Felt In Some California Counties”: Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 8:44 PM by Howard Bashman



“In Minnesota, a Battle Without End for a Senate Seat”: This article appears today in The New York Times.

USA Today reports today that “Ruling puts end in sight in Minn. Senate fight; Coleman appeal called ‘long shot.’

The Minneapolis Star Tribune contains articles headlined “Recount’s next stop: Minnesota Supreme Court; The state Supreme Court is where Coleman will take his appeal of the election outcome” and “Senate recount ruling has 2 sides in a tizzy; A decision giving Al Franken the Senate seat didn’t just trigger a Norm Coleman appeal, it unleashed a flurry of fresh emotion.”

And The St. Paul Pioneer Press reports that “Partisans in Minnesota’s U.S. Senate race gear up for next stage; Coleman, Franken camps turn up rhetoric ahead of Supreme Court appeal.”

Posted at 8:37 AM by Howard Bashman



“An Impressive First Nominee”: The New York Times today contains an editorial that begins, “President Obama has done well with his first judicial nomination — David Hamilton, a well-respected federal district court judge in Indiana — for the Chicago-based United States Court of Appeals for the Seventh Circuit.”

And yesterday, that newspaper contained an editorial entitled “The A.B.A. and Judicial Nominees.”

Posted at 8:32 AM by Howard Bashman



“Judge Posner Wrote What? A leading free-market conservative concludes that CEO compensation practices are flawed.” Former New York Governor Eliot Spitzer has this essay online at Slate.

Posted at 8:30 AM by Howard Bashman



“The Problem of Supreme Court Justices’ Remaining on the Bench Too Long: Although It’s a Genuine Concern, Recently-Suggested Reforms Are More Problematic Than the Status Quo.” Edward Lazarus has this essay online at FindLaw.

Posted at 8:27 AM by Howard Bashman



“Obama Tilts to CIA on Memos; Top Officials at Odds Over Whether to Withhold Some Details on Interrogation Tactics”: This article appears today in The Wall Street Journal.

Posted at 8:25 AM by Howard Bashman



“Al Jazeera: Guantanamo captive called us to protest guards’ treatment.” Carol Rosenberg of The Miami Herald has this report.

Posted at 8:10 AM by Howard Bashman



“Court grants John Demjanjuk reprieve from deportation; plane was ready to leave for Germany”: The Cleveland Plain Dealer contains this article today.

And The Christian Science Monitor has a report headlined “In Demjanjuk’s Ukrainian hometown, memories linger of an infamous son; Deportation of the accused death-camp guard was stayed Tuesday.”

In this post from yesterday, I linked to stay-related documents filed yesterday in the U.S. Court of Appeals for the Sixth Circuit.

Posted at 7:58 AM by Howard Bashman



“Nacchio enters Pa. prison for six-year term; The former Qwest CEO may get bail if the Supreme Court decides in June to review his insider-trading conviction”: This article appears today in The Denver Post.

Posted at 7:54 AM by Howard Bashman



Tuesday, April 14, 2009