How Appealing

Tuesday, May 21, 2013

“Letter to D.C. Circuit Re: Audio Access Policy.” Michelle Olsen has this post today at her “Appellate Daily” blog.

As noted here, the D.C. Circuit has previously been receptive to suggestions for online improvements received from appellate law bloggers.

Posted at 8:36 PM by Howard Bashman

“Cloture filed on Srinivasan (DC Circuit Court)”: This post has appeared this evening at the blog of the United States Senate Democrats.

Posted at 7:58 PM by Howard Bashman

“Court Clears the Way for College Star’s Lawsuit”: Joe Palazzolo has this post (free access) at’s “Law Blog” reporting on the ruling a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today in an appeal involving a college football video game.

Update: In other coverage, Jonathan Stempel of Reuters reports that “Court revives lawsuit vs Electronic Arts over video game image.”

And at the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court Revives Ex-QB’s Lawsuit Over ‘NCAA Football’ Game; In an important appeal that divided Hollywood, the Third Circuit sides with the likeness rights of celebrities over protections afforded by the First Amendment. (SAG 1, MPAA 0).”

Posted at 4:35 PM by Howard Bashman

“UBS, powerful amici urge 2nd Circuit not to meddle with Morrison”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 3:28 PM by Howard Bashman

“It is beyond the ken of courts to measure the rationality of religious beliefs — what will happen to us after we pass through the dark curtain of death is the ultimate non-justiciable question.” Circuit Judge Ed Carnes is the author of a very interesting ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.

The opinion begins, “The Supreme Court has decided that a convicted murderer cannot be executed unless he has a rational understanding of the fact that he is going to be put to death and of the reason for his execution.”

Update: In other coverage, David Ovalle of The Miami Herald has a news update headlined “Federal court rejects appeal by Miami mass killer John Ferguson.”

Posted at 1:20 PM by Howard Bashman

“WATCH the YLS commencement ceremonies, w/ remarks from Justice Sotomayor ’79”: Yale Law School has posted the video online at this link.

Posted at 12:16 PM by Howard Bashman

“Prenda lawyer gets kicked off 9th Circuit case; Paul Hansmeier’s motion to delay an $81,000 sanctions order was also denied”: Joe Mullin of Ars Technica has this report.

Posted at 12:13 PM by Howard Bashman

“Judge ‘Buzz’ Arnold, polymath, legal historian and former federal district judge”: Senior U.S. District Judge Richard G. Kopf has this post today at his blog, “Hercules and the Umpire.”

Posted at 11:52 AM by Howard Bashman

Law geek nirvana — Spend Memorial Day weekend watching Tom Goldstein of “SCOTUSblog” on C-SPAN’s “Q&A”: Details here. In addition to viewing the interview at 8 p.m. and 11 p.m. eastern time Sunday, true “SCOTUSblog” devotees can tune in at 6 a.m. eastern time on Monday, May 27th for another replay.

According to C-SPAN’s email yesterday alerting me to the broadcast, the interview was taped on May 2, 2013.

Posted at 11:42 AM by Howard Bashman

“Appeals court won’t release Osama Bin Laden photos”: Josh Gerstein of has this blog post.

The Associated Press has a report headlined “Court: US can keep bin Laden photos under wraps.”

Bloomberg News reports that “Bin Laden Corpse Photos Can Be Kept Secret, Court Rules.”

David Ingram of Reuters reports that “Court rules bin Laden death photos can stay secret.”

And at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “D.C. Circuit: Bin Laden Death Images Can Remain Secret.”

You can access today’s per curiam opinion of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 11:36 AM by Howard Bashman

“2 SCOTUS Judges in 1971: Espionage Act Doesn’t Apply to the Press; Justices Hugo Black and William O. Douglas specifically addressed a section of the law at issue today.” Conor Friedersdorf has this essay online today at The Atlantic.

Posted at 9:36 AM by Howard Bashman

“Hathaway lawyer pleads case to keep her out of prison; feds want her to serve 12-18 months”: Today’s edition of The Detroit News contains an article that begins, “Former Michigan Supreme Court Justice Diane Hathaway shouldn’t spend a day in federal prison, her lawyer said Monday, despite admitting she orchestrated an elaborate two-year scheme to defraud her bank of $600,000 owed on a Grosse Pointe Park home.”

Posted at 9:06 AM by Howard Bashman

“A Ruling Could Support F.C.C.’s Net Neutrality Defense”: Today’s edition of The New York Times contains an article that begins, “The Federal Communications Commission’s attempt to defend its net neutrality rules against a court challenge got major support on Monday from the Supreme Court, which ruled in a separate case that regulatory agencies should usually be granted deference in interpreting their own jurisdictions.”

Posted at 8:52 AM by Howard Bashman

“Which Supreme Court Justice Are You? A Personality Quiz.” Law professor Kyle Graham has this post today at his blog.

Posted at 8:26 AM by Howard Bashman

“Constitution Check: When can prayers and government activity coexist?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 8:24 AM by Howard Bashman