How Appealing



Tuesday, May 24, 2011

“Fifth Circuit Issues Proposed En Banc Rule, Addressing Previous Kerfuffle”: Michelle Olsen has this post at her “Appellate Daily” blog.

Posted at 3:05 PM by Howard Bashman



“The question we consider under [the Fair and Accurate Credit Transactions Act] is the meaning of the words ‘print’ and ‘electronically printed’ in connection with an emailed receipt.” So states an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.

The opinion offers the following summary of the court’s holding: “We conclude that under FACTA, a receipt that is transmitted to the consumer via email and then digitally displayed on the consumer’s screen is not an ‘electronically printed’ receipt.”

Posted at 2:10 PM by Howard Bashman



“NJ Supreme Court orders state to give schools more”: The Associated Press has a report that begins, “The New Jersey Supreme Court has rebuked Gov. Chris Christie and ordered the state to increase spending on poor schools by an estimated $500 million.”

You can access today’s 3-2 ruling of the Supreme Court of New Jersey at this link.

Update: The Newark Star-Ledger reports that “Poor N.J. districts must receive $500M more in school funding, state Supreme Court rules.”

Posted at 10:15 AM by Howard Bashman



“U.S. Supreme Court orders massive inmate release to relieve California’s crowded prisons; Justice Kennedy cites inhumane conditions, while dissenters fear a crime rampage; Gov. Jerry Brown seeks tax hike to fund transfers to county jails as prison officials hope to avoid freeing anyone”: David G. Savage and Patrick McGreevy have this article today in The Los Angeles Times. The newspaper also contains an editorial entitled “Time for California to tackle prison overcrowding; With the U.S. Supreme Court upholding an order to reduce the state’s inmate population, the Legislature should take a first step by creating a panel to revise sentencing guidelines.”

Today in The San Francisco Chronicle Bob Egelko reports that “California must cut prison population by 30,000.”

Howard Mintz of The San Jose Mercury News reports that “Supreme Court upholds order requiring California to reduce prison population.”

The Sacramento Bee reports that “U.S. Supreme Court says California must reduce prison population.”

The New York Times contains an article headlined “Prison Ruling Raises Stakes in California Fiscal Crisis” and an editorial entitled “California’s Prison Crisis.”

And Warren Richey of The Christian Science Monitor reports that “Supreme Court orders California to slash prison population by more than 30,000; In a 5-to-4 ruling, the Supreme Court says severe overcrowding in the prisons violates the Eighth Amendment ban on cruel and unusual punishment; A minority opinion offers a sharp dissent.”

Posted at 8:10 AM by Howard Bashman



“Judge to rule on Jared Loughner’s mental fitness for trial; The suspect in the shooting of Rep. Gabriel Giffords and 18 others in Tucson has been examined by two mental health specialists; If he is found unfit for trial, he could be held indefinitely”: This article appears today in The Los Angeles Times.

Posted at 7:56 AM by Howard Bashman