How Appealing



Friday, August 3, 2012

“Wash. Supreme Court rules backpack search illegal”: The Associated Press has a report that begins, “The Washington Supreme Court on Thursday ruled that a student backpack search in 2009 at a Bellevue high school was illegal because the officer who conducted the search and found a weapon was acting as a police officer at the time.”

Yesterday’s ruling of the Supreme Court of Washington State consists of a majority opinion and a dissenting opinion.

Update: At the “School Law” blog of Education Week, Mark Walsh has a post titled “Court Invalidates Backpack Search by School Resource Officer.”

Posted at 9:02 AM by Howard Bashman



Thursday, August 2, 2012

“Appeals court overturns ban on video-sharing site”: Terry Baynes of Reuters has a report that begins, “A video-sharing website that allows users to post links to copyrighted videos hosted on third-party sites is not infringing copyright laws, a federal appeals court ruled on Thursday.”

My earlier coverage of today’s Seventh Circuit ruling appears here and here.

Posted at 10:42 PM by Howard Bashman



“Ginsburg, Verrilli and Arias of Agreement”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”

Posted at 8:40 PM by Howard Bashman



“Shell: Alien Tort Statute not meant for international human rights.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 5:48 PM by Howard Bashman



“Texas on verge of electing Ted Cruz its first Hispanic senator”: Columnist Linda P. Campbell of The Fort Worth Star-Telegram has an essay that begins, “Texas’ first Hispanic U.S. senator will be a sharp 42-year-old who won debating championships at Princeton, got a law degree from Harvard, clerked at the U.S. Supreme Court and has worked for a mega law firm. Of course, Ted Cruz was born in Canada. And he’s a Republican. But apparently Texas Republicans, who won’t elect a Hispanic-surnamed candidate to the state’s highest court, will vote to send one to Washington, ‘elitist’ pedigree and all.”

Posted at 1:36 PM by Howard Bashman



“The defendants (‘myVidster’ for short) appeal from the grant of a preliminary injunction in a suit by Flava Works for copyright infringement.” So begins the opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

As the opinion goes on to explain, “Flava specializes in the production and distribution of videos of black men engaged in homosexual acts,” while myVidster is “an online service engaged in what is called ‘social bookmarking.'”

Posted at 11:32 AM by Howard Bashman



Sixth Circuit rejects pre-enforcement challenge to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which makes it a crime to batter a person because of the person’s religion, national origin, gender, sexual orientation, gender identity, or disability: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

According to today’s opinion, in challenging the law, the plaintiffs alleged that “the expression and practice of their anti-homosexual religious beliefs will lead to federal investigation and prosecution under the Act, in violation of their First Amendment rights.”

Posted at 11:11 AM by Howard Bashman



“Va. man appeals to Supreme Court over DUI conviction”: Today’s edition of The Washington Times contains an article that begins, “A man convicted of drunken driving in Alexandria is taking his fight to the U.S. Supreme Court, challenging an unprecedented ruling in March from Virginia’s highest court that someone drunk behind the wheel of a car parked on a public road with a key in the ignition is now automatically guilty of drunken driving.”

Posted at 8:50 AM by Howard Bashman



“Little-noticed order reverses ban against judges’ political donations; Revised ethics rules again allow political contributions”: The Tennessean contains this article today.

Posted at 8:44 AM by Howard Bashman



“DA’s office seeks 1 trial for Supreme Court justice, sister on corruption charges”: Today’s edition of The Pittsburgh Tribune-Review contains an article that begins, “Legal observers and political watchdogs debated on Wednesday whether suspended Supreme Court Justice Joan Orie Melvin should resign as she awaits trial on corruption charges.”

And The Associated Press reports that “Pa. DA seeks to join cases of Justice Melvin, aide.”

Posted at 8:40 AM by Howard Bashman



Wednesday, August 1, 2012

“Court Demands TSA Explain Why It Is Defying Nude Body Scanner Order”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 10:09 PM by Howard Bashman



“4th Circuit reinstates law on concealed-carry permits”: The Maryland Daily Record has a news update that begins, “The 4th U.S. Circuit Court of Appeals on Wednesday issued a stay that will keep Maryland’s current concealed-carry gun permit process in place while the state attorney general appeals a ruling that the existing statute is unconstitutional.”

Posted at 3:44 PM by Howard Bashman



“Texas wastes no time in citing Supreme Court health care ruling in Clean Air Act litigation”: Lawrence Hurley of Greenwire has this report.

Posted at 3:04 PM by Howard Bashman



“Superficial Change on the Federal Bench?” In the August 2012 issue of California Lawyer magazine, Lawrence Hurley has an article that begins, “When the U.S. Senate voted May 7 to confirm Jacqueline Nguyen to a position on the Ninth U.S. Circuit Court of Appeals, she became the first Vietnamese-American federal judge in history.”

Posted at 1:42 PM by Howard Bashman



“Senate Candidate in Texas Is Known as an Intellectual Force”: Thursday’s edition of The New York Times will contain a “Man in the News” profile that begins, “As a teenager, Ted Cruz was an intense and eloquent parser of free-market economics, dazzling Rotary Clubs here in Houston by reciting the Constitution. At Princeton, he was a national champion debater and an intellectual leader of a band of conservative students. He was a star at Harvard Law School and clerked for the chief justice of the Supreme Court.”

Posted at 1:33 PM by Howard Bashman



“Iowa GOP chairman calls for ouster of another Supreme Court justice”: The Des Moines Register today has a blog post that begins, “The Republican Party of Iowa’s chairman is pushing for the ouster of one of the authors of a court decision that legalized same-sex marriage in Iowa. Gay marriage instantly became a political hot button in Iowa after the ruling three years ago, but there has been little urgency behind the issue this year.”

Posted at 1:30 PM by Howard Bashman



“D.C. Circuit Joins Split Over the Preservation of Purely Legal Issues for Appeal”: Nicholas J. Wagoner has this post today at the “Circuit Splits” blog.

Posted at 10:07 AM by Howard Bashman



“Judge dismisses two counts against Joan Orie Melvin”: Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, “Suspended state Supreme Court Justice Joan Orie Melvin scored a victory of sorts Tuesday when two of the nine criminal counts against her were dismissed at the conclusion of her preliminary hearing.”

Posted at 9:08 AM by Howard Bashman