How Appealing



Wednesday, July 11, 2012

“Eminent domain, MBS and the U.S. Constitution: a one-sided fight?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 8:33 PM by Howard Bashman



“A Supreme Court copyright case has libraries fighting for the right to lend”: Erin Geiger Smith has this report at Alison Frankel’s “On the Case” from Thomson Reuters News & Insight.

Posted at 8:24 PM by Howard Bashman



Appellate math question of the day: A lifetime term of supervised release minus 12 months of credit for time served in prison equals what? The U.S. Court of Appeals for the Second Circuit today issued an opinion that begins:

This appeal presents primarily the almost metaphysical issue of how, if at all, a lifetime term of supervised release, imposed for a supervised release violation, should be reduced by the number of months of a prison term imposed for that violation, a subtraction we are willing to assume is required by the literal terms of the provisions governing supervised release.

You can access the decision at this link.

Posted at 8:06 PM by Howard Bashman



Three-judge Fourth Circuit panel divides over how to measure amount of restitution owed to “Vicky,” a victim portrayed in child pornography materials seized from the defendant’s residence: You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

As in many of the recent cases from other federal appellate courts addressing this same subject matter, former U.S. District Judge (now law professor) Paul G. Cassell filed an amicus brief on behalf of the victim. And, as in many of those other cases, today’s Fourth Circuit ruling rejects Cassell’s argument that the victim is entitled to recover an award representing the full amount of her damages from each defendant who is convicted of possessing the material in which she was depicted.

Posted at 6:00 PM by Howard Bashman



“A Relaxed Solicitor General Has a Bit of Fun at His Own Expense”: Brent Kendall has this post at WSJ.com’s “Law Blog.”

Josh Gerstein of Politico.com has a blog post titled “Verrilli’s victory lap.”

Patrick Svitek of The Huffington Post has an article headlined “Donald Verrilli, Solicitor General, ‘OK’ With Criticism Of His Performance Defending Obamacare.”

The Hill has a blog post titled “Verrilli shrugs off criticism of his healthcare arguments.”

At “Main Justice,” Matthew Volkov has a post titled “Verrilli Talks Healthcare Win.”

And Michael Doyle of McClatchy Newspapers offered some thoughts on today’s Heritage Foundation event via Twitter.

You can access C-SPAN’s video coverage of the event via this link.

And special thanks to Lyle Denniston of “SCOTUSblog,” Mark Walsh of Education Week’s “School Law” blog and ABA Journal, and many of this blog’s other readers for saying hello following the event.

Posted at 5:32 PM by Howard Bashman