How Appealing



Wednesday, March 19, 2014

“The Honorable Juan Torruella, a First Circuit judge, gave a keynote address titled ‘The Insular Cases: A Declaration of their Bankruptcy and My Harvard Pronouncement.'” You can view the video via this link (scroll down).

Posted at 10:28 PM by Howard Bashman



“[T]his case shows every sign of being an overzealous prosecution for a technical violation of a criminal regulatory statute — the kind of rigid and severe exercise of law-enforcement discretion that would make Inspector Javert proud.” This quotation, believe it or not, comes from the dissenting opinion of the only judge on a divided three-judge Seventh Circuit panel who voted to uphold the defendant’s conviction.

When the only judge on a three-judge panel who is willing to uphold a federal criminal conviction believes that the prosecution of the case was absurd, one wonders what will happen now that the defendant’s conviction has been vacated and the case remanded for a new trial.

Update: In related commentary, in Thursday’s edition of USA Today, law professor Glenn Harlan Reynolds will have an op-ed titled “Our criminal justice system has become a crime; Prosecutors too often abuse unrestrained powers.”

Posted at 5:56 PM by Howard Bashman



“Federal judge stays enforcement of gay marriage ruling pending appeal”: The Louisville Courier-Journal has this report. The newspaper also has a related update headlined “Gay-marriage appeal passes over higher-profile law firms.”

The Lexington Herald-Leader has a news update headlined “Federal judge grants indefinite delay of his same-sex marriage ruling in Kentucky.”

And The Associated Press reports that “Ky. same-sex marriage recognition put on hold.”

Posted at 5:40 PM by Howard Bashman



“Long-time judge Joseph Weis dies at 91”: Torsten Ove of The Pittsburgh Post-Gazette has a news update that begins, “Joseph F. Weis, a revered 3rd U.S. Circuit Court of Appeals judge and decorated World War II veteran who was nearly killed on a French battlefield in 1944, died today at 91 at his Fox Chapel home.”

Posted at 5:36 PM by Howard Bashman



“Weev appeal puts computer crime laws on trial”: Russell Brandom has this report online at The Verge.

And in previews of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit, The Guardian (UK) reported earlier today that “Hacker Andrew ‘Weev’ Auernheimer attempts to overturn conviction; Lawyers say conviction under Computer Fraud and Abuse Act is flawed and raises questions for civil liberties online.”

And earlier today “Gawker” had a post titled “The World’s Most Infamous ‘Hacker’ Has His Appeal Hearing Today.”

When the Third Circuit posts online the audio from today’s oral argument, I will link to it.

Posted at 4:03 PM by Howard Bashman



“Faribault nurse’s conviction reversed; state’s suicide-assist law struck down”: The Pioneer Press of St. Paul, Minnesota has this news update.

The Minneapolis Star-Tribune has a news update headlined “Case of former Minnesota nurse convicted of urging suicides sent back to district court; The state Supreme Court ruled that the state’s ban on ‘encouraging’ suicide is unconstitutional, but upheld language on ‘assisting’ suicide.”

And The Associated Press reports that “Court reverses convictions in aiding-suicide case.”

My earlier coverage of today’s Minnesota Supreme Court ruling appears at this link.

Posted at 2:15 PM by Howard Bashman



“The Law That Makes It Illegal to Report on Animal Cruelty: What makes Idaho’s agricultural industry deserve special protection from journalists and activists?” Andrew Cohen has this essay online today at The Atlantic.

In news coverage of a lawsuit filed earlier this week against the law, The Idaho Statesman reported that “Idaho’s ag-gag law challenged in federal court.” The newspaper also posted online a copy of the complaint initiating suit.

And The Associated Press reported that “ACLU, others sue Idaho over farm anti-spying law.”

Posted at 2:09 PM by Howard Bashman



“The Federal Circuit Muddies Its Venue Transfer Jurisprudence”: Cory Andrews had this post yesterday at “The Legal Pulse” blog of Washington Legal Foundation.

Posted at 2:01 PM by Howard Bashman