How Appealing



Friday, June 8, 2012

“Man’s HIV-infected saliva not weapon; State’s top court rules in case of man who bit police officer”: The Associated Press has a report that begins, “The saliva of an HIV-infected man who bit a police officer doesn’t constitute a deadly weapon or dangerous instrument under state law, New York’s top court ruled Thursday.”

And Reuters has a report headlined “HIV-positive saliva not a ‘deadly weapon’ — NY court.”

You can access yesterday’s ruling of the New York State Court of Appeals — that state’s highest court — at this link.

Posted at 10:46 PM by Howard Bashman



“Court rules for news groups in execution case”: The Associated Press has a report that begins, “A federal appeals court sided with The Associated Press and 16 other news organizations Friday in ruling that witnesses should have full viewing access to Idaho’s upcoming execution.”

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

Posted at 10:40 PM by Howard Bashman



“DOMA is constitutionally doomed, but not for the reason you might think”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 7:42 PM by Howard Bashman



“Appeals court knocks out Job Corps drug tests”: Pete Yost of The Associated Press has a report that begins, “A federal appeals court on Friday declared a random drug testing program for government workers at 28 U.S. Forest Service Job Corps centers unconstitutional.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 6:00 PM by Howard Bashman



“Senate Gears up for Fight Over Ninth Circuit Judicial Nominee”: Todd Ruger has this post at “The BLT: The Blog of Legal Times.”

Posted at 3:30 PM by Howard Bashman



“Court revives employee lawsuit over racist receipt”: Jonathan Stempel of Reuters has a report that begins, “A shoe store clerk who was fired after inadvertently giving a receipt containing a racial slur to a black customer has the right to sue her former employer for defamation, a federal appeals court ruled.”

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

Posted at 1:08 PM by Howard Bashman



“Appeals Court Will Re-Evaluate Big Copyright Issues in Light of Viacom-YouTube Ruling; The decision has influenced Ninth Circuit appellate judges to reconsider their ruling in UMG vs. Veoh; Briefing on a possible new hearing has been ordered with big-stakes issues”: Eriq Gardner has this post at the “Hollywood, Esq.” blog of The Hollywood Reporter.

Posted at 12:06 PM by Howard Bashman



“Oklahoma Sen. Tom Coburn says GOP may block appellate nominee from Oklahoma City”: This article appears today in The Oklahoman.

Posted at 9:44 AM by Howard Bashman



“The 18-Year Bench: Linda Greenhouse calls for Supreme Court term limits.” Linda Greenhouse has this essay online at Slate.

Posted at 9:35 AM by Howard Bashman



“What happens after the Supreme Court rules on health care?” This post appears today at the “Constitution Daily” blog of the National Constitution Center.

You can access at this link the full video replay of this past Wednesday’s Constitution Center event, at which “six leading legal experts debat[ed] the Supreme Court’s upcoming health care ruling.”

Posted at 7:25 AM by Howard Bashman



“She Waited 40 Years to Marry, Then When Her Wife Died, the Tax Bill Came”: In today’s edition of The New York Times, Jim Dwyer has this new installment of his “About New York” column.

Posted at 7:20 AM by Howard Bashman



“Judge Kozinski Asks to, and Gets to, Move West (1984-1985)”: At noncuratlex.com, Kyle Graham has this blog post reporting on the letter that then-U.S. Court of Claims Chief Judge Alex Kozinski sent to the White House asking to be nominated to serve on the U.S. Court of Appeals for the Ninth Circuit.

It is interesting to note that a memorandum from administration officials to President Reagan recommending Kozinski’s nomination to the Ninth Circuit omits Alaska from the memo’s list of States located within that jurisdiction (see memo at page two).

Posted at 7:14 AM by Howard Bashman



“Nonprofit: Lack of copyrights thwarts Righthaven appeal.” At Vegas Inc, Steve Green has a report that begins, “An Oregon nonprofit group asked a court Thursday to dismiss one of the Righthaven LLC copyright lawsuit appeals, saying Righthaven can no longer participate in the case since it’s been stripped of its copyrights.”

Posted at 6:50 AM by Howard Bashman