How Appealing



Thursday, January 3, 2013

“Middle Finger Flashed in ’06 Lives On in Suit”: This article will appear Friday in The New York Times.

The Times Union of Albany, New York has a news update headlined “Appellate judges order trial for cops who arrested insulting motorist; Appeals court reinstates civil rights lawsuit filed by man arrested after giving cop the middle finger.”

And The Associated Press has a report headlined “NY court: Flipping finger at cops not worth arrest.”

My earlier coverage of today’s Second Circuit ruling appears at this link.

Posted at 10:30 PM by Howard Bashman



“Louboutin v. YSL: the bitter end? Maybe not.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 6:21 PM by Howard Bashman



“McGee Brown joins Jones Day’s Columbus office as litigation partner”: Alison Grant of The Cleveland Plain Dealer has a news update that begins, “Former Ohio Supreme Court Justice Yvette McGee Brown is joining Jones Day as a partner in the business and tort litigation group of the law firm’s Columbus office.”

The law firm’s news release can be accessed here.

Posted at 6:19 PM by Howard Bashman



“Tea Party-Backed Cruz Joins Senate Judiciary Committee”: Todd Ruger has this post at “The BLT: The Blog of Legal Times.”

Posted at 5:36 PM by Howard Bashman



“Bush-Era Wiretapping Case Killed Before Reaching Supreme Court”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 5:33 PM by Howard Bashman



“A response from NAM’s lawyers in defense of NAM’s jurisdictional argument in Standard Fire Insurance Co. v Knowles”: Law professor Kevin C. Walsh has this post today at his blog, “walshslaw.”

Posted at 3:57 PM by Howard Bashman



“Finally, Justice at Supermax? If Anyone Can Make the Right Call, It’s This Judge; He’s tough. He’s courageous. He tried Timothy McVeigh. Now Richard Matsch takes on another critical case: a civil rights lawsuit alleging prisoner abuse and neglect.” Andrew Cohen has this essay online at The Atlantic.

Posted at 3:50 PM by Howard Bashman



“Obama: Guantanamo camps a waste of U.S. resources; President Obama signed into law a $633 billion defense bill that included restrictions on his ability to close the prison camps, then called Guantanamo a waste of national security resources.” Carol Rosenberg of The Miami Herald has this news update.

Posted at 1:40 PM by Howard Bashman



“An irate automobile passenger’s act of ‘giving the finger,’ a gesture of insult known for centuries, to a policeman has led to a seizure of two persons ordered to return to an automobile, an arrest for disorderly conduct, a civil rights suit, and now this appeal.” So begins a decision that the U.S. Court of Appeals for the Second Circuit issued today. Footnote one of the opinion traces the gesture’s historic pedigree.

Posted at 11:04 AM by Howard Bashman



“The Libertarian Connection Between Gay Rights and Gun Rights”: Damon W. Root has this post today at the “Hit & Run” blog at Reason.com.

Posted at 10:58 AM by Howard Bashman



“Reforming The Bench Memo Process”: Today’s installment of Mark Herrmann’s “Inside Straight” column at “Above the Law” contains a recommendation concerning how federal appellate judges should prepare for oral argument.

I agree with Mark’s conclusion, although his discussion seems to overlook that each appellate judge assigned to hear an oral argument will have independently read the parties’ briefs in addition to having reviewed any law clerk bench memo.

In my view, the more important problem is not how appellate judges prepare for oral argument but the increasing rarity of oral argument altogether at the federal intermediate appellate level. In that regard, the current issue of The Journal of Appellate Practice and Process contains a very interesting article by law professors David R. Cleveland and Steven Wisotsky titled “The Decline of Oral Argument in the Federal Courts of Appeals: A Modest Proposal for Reform.” If I or any of this blog’s readers can track down a link to an online version of that article, I will add it to this post.

Posted at 10:42 AM by Howard Bashman



“Empty Courtrooms in Obama’s First Term: A Slow Start on Judicial Nominations Magnified Many Times Over By Republican Obstruction.” People For the American Way issued this news release yesterday.

Posted at 8:50 AM by Howard Bashman



“Harry Reid’s filibuster plan and the Supreme Court”: Steven J. Duffield has this op-ed online at The Washington Examiner.

Posted at 8:42 AM by Howard Bashman



“The Supreme Court and the Next Fiscal Cliff”: Simon Johnson has this post today at the “Economix” blog of The New York Times.

Posted at 8:20 AM by Howard Bashman