How Appealing



Saturday, September 7, 2013
Friday, September 6, 2013

Applying the Securing the Protection of our Enduring and Established Constitutional Heritage (“SPEECH”) Act designed to thwart libel tourism, the Fifth Circuit yesterday affirmed a federal district court’s refusal to enforce a Canadian defamation judgment: You can access yesterday’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 10:30 AM by Howard Bashman



“Alabama Supreme Court ruling isolates grandparents, deals blow to children’s rights “: At AL.com, Jimmy Sandlin has an essay that begins, “The Alabama Supreme Court recently decided that children have very few individual rights relating to their associations.”

Posted at 8:40 AM by Howard Bashman



“Justice Ginsburg visits Constitution Center Friday”: The Associated Press has this report.

Additional information on this evening’s event, including a link to the live video feed, can be accessed here.

Posted at 8:26 AM by Howard Bashman



Thursday, September 5, 2013

“’22 Lewd Chinese Women’ and Other Courtroom Dramas: A U.S. circuit judge brings historic Asian-American trials back to life.” Elizabeth Yuan has this essay online at The Atlantic.

Posted at 1:18 PM by Howard Bashman



“Our oft-stated rule against judicial revision of statutes finds plenty of anchor weight in the bedrock principle that we are a country of laws, not one ruled by the musings, whether pragmatic or otherwise, of the black-robed class.” So writes Chief Judge Ed Carnes of the U.S. Court of Appeals for the Eleventh Circuit in a ruling issued today addressing the “in writing” requirement that Congress imposed in the Telecommunications Act of 1996 on a local government’s denial of a request to build a cell phone tower.

Today’s ruling appears to perpetuate a circuit split on the issue, so perhaps U.S. Supreme Court review (and many more cell phone towers) may be on the horizon.

Posted at 11:07 AM by Howard Bashman



“Christie says Supreme Court justice Helen Hoens would not get a fair hearing”: MaryAnn Spoto of The Newark (N.J.) Star-Ledger has this report.

Posted at 9:55 AM by Howard Bashman



“SCOTUS’s next big privacy issue: Can police seize smartphones?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 8:50 AM by Howard Bashman



“Louisiana Supreme Court hears argument on parole for juvenile killers”: The Times-Picayune of New Orleans has this report.

Posted at 8:42 AM by Howard Bashman



“The Next Abortion Case Is Here”: Linda Greenhouse has this post at the “Opinionator” blog of The New York Times.

Posted at 8:16 AM by Howard Bashman



Wednesday, September 4, 2013

“Baby Veronica case: Fallin signs extradition order for Dusten Brown.” The Tulsa World has a news update that begins, “Saying the biological father of Baby Veronica is ‘not acting in good faith,’ Gov. Mary Fallin has signed an extradition order to South Carolina for Dusten Brown, her office announced Wednesday.”

The Post and Courier of Charleston, South Carolina has a news update headlined “Oklahoma governor orders extradition of Veronica’s birth father.”

And The Associated Press reports that “Okla. gov. signs order for Cherokee girl’s dad.”

Posted at 11:34 PM by Howard Bashman



“U.S. Supreme Court Justice Antonin Scalia to speak at Mark Lanier’s theological library”: Brenda Sapino Jeffreys has this post at the “Tex Parte Blog” of Texas Lawyer.

Posted at 7:33 PM by Howard Bashman



“Cebull misconduct review headed to national committee; 9th Circuit’s July 2 order remains under seal”: The Great Falls Tribune has a news update that begins, “The results of a long-running investigation into misconduct allegations against former chief U.S. District Judge Richard Cebull remain under seal as the matter heads to a national panel for review.”

Posted at 7:32 PM by Howard Bashman



“California immigrant’s law license bid appears in doubt”: Howard Mintz of The San Jose Mercury News has an update that begins, “Boxed in by federal law, the California Supreme Court on Wednesday appeared unlikely to allow immigrants to be licensed to practice law unless they’ve secured legal immigration status first.”

And Maura Dolan of The Los Angeles Times has a news update headlined “State top court may deny law license to immigrant without green card.”

The Supreme Court of California has posted the video of today’s oral argument online at YouTube, and you can access that video by clicking here.

Posted at 4:55 PM by Howard Bashman



“Gay marriage debate enters court as sides debate who has authority to stop court clerk from issuing marriage licenses to gay couples”: The Patriot-News of Harrisburg, Pennsylvania has this news update, together with a news update headlined “Marriage license hearing draws proponents on both sides of issue.”

The Associated Press reports that “Judge vows quick Pa. same-sex marriage case ruling.”

And Bloomberg News reports that “Pennsylvania Court Hears Same-Sex Marriage Ban Challenge.”

Posted at 4:25 PM by Howard Bashman



“Time Warner Cable Wins Ruling on Independent Programming”: Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

And at the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court Vacates FCC’s Program Carriage Standstill Rule; Cable companies get a small victory in the ongoing scuffle with programmers just days after the CBS and Time Warner Cable standoff came to a close.”

Posted at 4:02 PM by Howard Bashman



“Mass. court hears Pledge of Allegiance challenge”: The Associated Press has a report that begins, “A family asked Massachusetts’ highest court Wednesday to ban the daily practice of reciting the Pledge of Allegiance in public schools, arguing that the words ‘under God’ in the pledge discriminate against atheists.”

Posted at 1:56 PM by Howard Bashman