How Appealing



Monday, August 6, 2012

“Blogger Giving Advice Resists State’s: Get a License.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 7:00 PM by Howard Bashman



“Posner: Sharing links isn’t copyright infringement.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 4:00 PM by Howard Bashman



“Tipping the Scales: He doesn’t look the part of a revolutionary, and he may be anathema to conservatives at the moment, but Chief Justice John Roberts is on course to fundamentally alter the legal firmament.” James Oliphant has this cover story in the current issue of National Journal magazine.

Posted at 3:28 PM by Howard Bashman



En banc Seventh Circuit reinstates lawsuit alleging that parking ticket issued by Village of Palatine, Illinois contained too much information and thus violated the federal Driver’s Privacy Protection Act: You can access today’s en banc ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Circuit Judge Richard A. Posner issued a dissenting opinion, in which he writes, “I am not a fan of literal interpretation. But it is the proper default rule when it has reasonable consequences and there is no indication that the legislature stumbled in trying to translate legislative purpose into words.”

Posted at 11:57 AM by Howard Bashman



“N.J. Supreme Court upholds decal law for young drivers”: MaryAnn Spoto of The Newark Star-Ledger has a news update that begins, “Requiring young drivers to affix a red decal to their car’s license plate is not an invasion of their privacy and does not make them more vulnerable to predators, the state Supreme Court ruled this morning.”

And The Associated Press reports that “NJ court upholds decal law for young drivers.”

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

Update: In other coverage, Jef Feeley of Bloomberg News reports that “New Jersey’s Young-Driver Law Not Flawed, Court Concludes.”

Posted at 11:24 AM by Howard Bashman



“Sen. Lindsey Graham: Qualifications of Judicial Nominees Should Count More Than Politics.” James Podgers has this post at ABA Journal’s “Law News Now” blog.

Posted at 8:55 AM by Howard Bashman



Sunday, August 5, 2012

“Sandra Day O’Connor defends Roberts on health care ruling”: CBS News has this report.

And The Huffington Post has a report headlined “Sandra Day O’Connor Says Public Disapproval Of Roberts Court ‘A Great Disappointment.’

Update: In other coverage, Politico.com has blog posts titled “Sandra Day O’Connor not surprised by Roberts’s health care vote” and “Sandra Day O’Connor: Bush-Gore decision may have sparked declining approval of SCOTUS.”

Posted at 1:04 PM by Howard Bashman



Saturday, August 4, 2012

“Jared Loughner to plead guilty in Tucson shooting, sources say; Mental health officials reportedly believe he is now competent to understand the charges in the killing of six people and wounding of Rep. Gabrielle Giffords and 12 others in Tucson last year”: Richard A. Serrano of The Los Angeles Times has this news update.

And The Associated Press has a report headlined “AP Source: Loughner would get life in shooting.”

Update: In other coverage, Reuters reports that “Loughner to plead guilty in Arizona shooting spree.”

Posted at 11:28 PM by Howard Bashman



“Appeals court rules for Inquirer in defamation case”: In today’s edition of The Philadelphia Inquirer, Chris Mondics has an article that begins, “In a ruling in a defamation lawsuit against The Inquirer, a federal appeals court in Philadelphia found that linking to an allegedly defamatory article on the Internet does not by itself expose a publisher to charges of libel.”

You can access the recent ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 3:54 PM by Howard Bashman



“Words Mean Things: Antonin Scalia teams up with David Foster Wallace’s favorite lexicographer for a revealing look at how judges read laws.” Scott Korb has this book review online at Slate.

Posted at 2:05 PM by Howard Bashman



Friday, August 3, 2012

“Powerful Shaper of U.S. Rules Quits, With Critics in Wake”: Saturday’s edition of The New York Times will contain an article that begins, “Cass R. Sunstein, who wielded enormous power as the White House overseer of federal regulation, came to Washington to test his theories of human behavior and economic efficiency in the laboratory of the federal government. Now he is departing with a record that left many business interests disappointed and environmental, health and consumer advocates even more unhappy.”

Posted at 10:54 PM by Howard Bashman



“Complex, Fractured Michigan Supreme Court Decision Includes Fight Over Font Size and Substantial Compliance”: Rick Hasen has this post at his “Election Law Blog” about a ruling that the Supreme Court of Michigan issued today.

The fight involved not just any font size, but rather the meaning of 14-point font, a size well known to lawyers who file appellate briefs in the U.S. Courts of Appeals.

Posted at 7:52 PM by Howard Bashman



“Senate GOP, Again, Blocks D.C. Circuit Nominee”: Todd Ruger has this post at “The BLT: The Blog of Legal Times.”

Posted at 4:35 PM by Howard Bashman



“Shots Fired: D.C. Circuit Sharply Divides in Machine Gun Dispute.” At “The BLT: The Blog of Legal Times,” Mike Scarcella has this post about an en banc ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Among the interesting aspects of today’s decision, Circuit Judge Janice Rogers Brown wrote the majority opinion, while Circuit Judge Brett M. Kavanaugh wrote a lengthy dissent. In addition, two other judges wrote separate opinions questioning why the case had been accepted for en banc review.

Posted at 2:54 PM by Howard Bashman



“Obama’s Judicial Confirmations at the Election Year Summer Recess, and Prospects for the Fall”: Russell Wheeler of the Brookings Institution has posted this paper online today.

Posted at 1:44 PM by Howard Bashman



“U.S. Justice Department opposes undocumented immigrant’s right to get California law license”: Howard Mintz has this article today in The San Jose Mercury News.

Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Illegal immigrants are ineligible to practice law in California, President Obama’s Justice Department told the state’s high court in a rebuff to a man who was brought to the United States as a toddler and worked his way through college and law school.”

And Reuters has a report headlined “Justice Department: California should not let illegal immigrant practice law.”

Posted at 9:05 AM by Howard Bashman