How Appealing



Friday, October 1, 2010

“Is Justice O’Connor Really Still a Judge?” Ed Whelan has this post at National Review Online’s “Bench Memos” blog.

Posted at 5:22 PM by Howard Bashman



“Ninth Circuit Sanctions Attorney Who Filed Kozinski Complaint”: Metropolitan News-Enterprise today has an article that begins, “The Ninth Circuit Judicial Council yesterday sanctioned Beverly Hills attorney Cyrus Sanai, saying he had filed frivolous complaints against 19 federal judges. The court ordered that any further misconduct complaints filed by Sanai, best known as the lawyer whose discovery of sexually explicit material on Ninth Circuit Chief Judge Alex Kozinski’s personal website led to the judge being admonished, be submitted to the court for review prior to being filed.”

My earlier coverage of yesterday’s order appears at this link.

Posted at 1:54 PM by Howard Bashman



Federal Circuit decides Chippendales’ “Cuff & Collar” appeal: According to today’s ruling of the U.S. Court of Appeals for the Federal Circuit:

The applicant, Chippendales, is in the business of providing adult entertainment services for women. It opened its first strip club in Los Angeles in 1978. In 1979, Chippendales performers began wearing an abbreviated tuxedo–wrist cuffs and a bowtie collar without a shirt–as part of their act. This costume, referred to as the “Cuffs & Collar,” was featured prominently in Chippendales’ advertising and performances over the past several decades.

Prior coverage of this case from “The TTABlog” can be accessed here, here, here, and here. You can access the ruling of the Trademark Trial and Appeal Board in this matter, which today’s Federal Circuit decision affirms, at this link.

Posted at 11:44 AM by Howard Bashman



Supreme Court of Pennsylvania issues its ruling in a case presenting the question whether Pennsylvania’s Private Road Act is an unconstitutional taking of property for a private purpose in violation of the Pennsylvania Constitution: Yesterday’s 4-3 ruling consists of a majority opinion and a dissenting opinion.

This is the case in which I signed an amicus brief written by Paul Wolfson, Rachel Brand, and Steve Lehotsky of WilmerHale on behalf of the Institute for Justice. That amicus brief is cited on page 11 of the majority opinion (which is page 13 of the PDF file).

Posted at 11:12 AM by Howard Bashman



“Major case to visit Fresno with California Supreme Court; State’s top court in town to explore issue of college fees”: Today’s edition of The Fresno Bee contains an article that begins, “For the first time in eight years, the California Supreme Court is coming to Fresno — and it’s bringing along a high-profile case that could affect college students across the country.”

Posted at 7:45 AM by Howard Bashman



“All Rise: Supreme Court’s Geekiest Generation Begins.” David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 7:40 AM by Howard Bashman