How Appealing



Saturday, July 19, 2014

“FSU law professor dies in shooting”: The Tallahassee Democrat has a news update that begins, “Dan Markel, a well-known Florida State law professor and author, died after being shot Friday, according to friends and the FSU law school.”

On a personal note, Markel was a longtime valued friend of this blog who, while still in private practice, helped me to recruit one of the interviewees for this blog’s “20 questions for the appellate judge” feature. His friendship will be missed, and I send my condolences to his family and many friends. Markel was a founder of “PrawfsBlawg,” which notes his passing in this post.

Posted at 6:58 PM by Howard Bashman



Friday, July 18, 2014

“Utah gets delay on same-sex marriages’ legality”: Lyle Denniston has this post at “SCOTUSblog.”

Jessica Miller of The Salt Lake Tribune has a news update headlined “Supreme Court grants stay in Utah marriage recognition case.”

Dennis Romboy of The Deseret News has an update headlined “Supreme Court issues stay in Utah gay marriage recognition case.”

Adam Liptak of The New York Times has a news update headlined “Justices Say Utah Doesn’t Have to Recognize Gay Marriages.”

And Richard Wolf of USA Today reports that “Supreme Court keeps Utah same-sex marriages on ice.”

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 6:05 PM by Howard Bashman



“A weak opinion striking down California’s death penalty”: Orin Kerr has this post today at “The Volokh Conspiracy.”

Posted at 1:22 PM by Howard Bashman



“Stanford Losses Not Covered by SIPC, Appeals Court Rules”: Bloomberg News has this report.

Reuters has a report headlined “Stanford’s Ponzi victims cannot file compensation claims: U.S. court.”

And The Wall Street Journal has a news update headlined “SEC Loses Lawsuit Against Brokerage Insurance Fund SIPC; SEC Sought to Force Payments to Victims of Stanford Ponzi Scheme.” You can freely access the full text of the article via Google.

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

Posted at 1:17 PM by Howard Bashman



“Gov. says Utah will comply with law if Sotomayor doesn’t grant stay; Both sides in same-sex marriage recognition case await word from Supreme Court”: Dennis Romboy of The Deseret News has this update.

Posted at 12:57 PM by Howard Bashman



“Court rules for gay marriage in Oklahoma case”: The Associated Press has a report that begins, “A federal appeals court on Friday ruled Oklahoma must allow gay couples to wed, marking the second time it has found the U.S. Constitution protects same-sex marriage.”

Chris Casteel of The Oklahoman has a news update headlined “Federal appeals court confirms Oklahoma ban on same-sex marriage unconstitutional; Court puts same-sex marriages on hold in Oklahoma until U.S. Supreme Court decides whether to hear appeal in Utah or Oklahoma cases.”

The Tulsa World has a news update headlined “Oklahoma’s ban on gay marriage unconstitutional, federal appeals court rules.”

And Richard Wolf of USA Today reports that “Appeals court strikes down Oklahoma gay marriage ban.”

You can access today’s 2-to-1 ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Circuit Judge Jerome A. Holmes issued a 27-page concurring opinion that “endeavors to clarify the relationship between animus doctrine and same-sex marriage laws and to explain why the district court made the correct decision in declining to rely upon the animus doctrine” in striking down Oklahoma’s same-sex marriage ban.

Update: In other coverage, at “SCOTUSblog,” Lyle Denniston has a post titled “Appeals court nullifies another same-sex marriage ban.”

Posted at 11:44 AM by Howard Bashman



“Court: Nebraska child porn decision constitutional.” The Associated Press has a report that begins, “A federal appeals court ruled Thursday that a Nebraska man convicted of distributing child pornography when he sent a photo showing the head of an 11-year-old girl on the nude body of an adult woman did not have his free speech rights violated.”

My earlier coverage of yesterday’s Eighth Circuit ruling appears at this link.

Posted at 10:25 AM by Howard Bashman



“Georgia Judge Julie Carnes set up for Senate confirmation Monday”: The Atlanta Journal-Constitution has an article that begins, “Judge Julie Carnes cleared a U.S. Senate procedural vote Thursday, setting up a confirmation vote Monday to fill a long-vacant seat on the 11th Circuit Court of Appeals in Atlanta.”

Posted at 10:21 AM by Howard Bashman



“Biggest ‘patent troll’ slapped down hard by appeals court; Dozens of companies were sued over an old Polaroid digital imaging patent”: Joe Mullin of Ars Technica has this report.

Posted at 10:18 AM by Howard Bashman



“Newport Beach seeks Supreme Court ruling on sober-living homes; Dispute began in 2008, when city began regulating who could open up sites for recovering addicts”: Lauren Steussy has this article in today’s edition of The Orange County Register.

Posted at 8:40 AM by Howard Bashman



Thursday, July 17, 2014

“Should judge follow his own advice to ‘STFU’; Federal jurist ruffles some feathers of colleagues, but his honesty is refreshing”: Tony Mauro has this op-ed online at USA Today.

Posted at 8:50 PM by Howard Bashman



“This ruling should worry every software patent owner”: Online today at Vox, Timothy B. Lee has a post that begins, “On Friday we got our first taste of the practical consequences of last month’s landmark decision from the Supreme Court restricting patents on software.”

Posted at 1:32 PM by Howard Bashman



“Hobby Lobby’s harvest: A religious exemption for LGBT discrimination?” Business columnist Michael Hiltzik of The Los Angeles Times has this essay.

Posted at 10:22 AM by Howard Bashman



“Federal judge’s ruling on California death penalty stuns experts”: Maura Dolan and Victoria Kim of The Los Angeles Times have this report.

In today’s edition of The New York Times, Erik Eckholm and John Schwartz have an article headlined “California Death Penalty System Is Unconstitutional, Federal Judge Rules.”

And online at The Week, Andrew Cohen has an essay titled “The troubling lessons of California’s death penalty ruling: To truly ensure justice in America’s largest state, the government will have to spend a fortune; And it most certainly won’t.”

Posted at 10:20 AM by Howard Bashman



Wednesday, July 16, 2014

“Utah asks U.S. Supreme Court for urgent intervention to halt same-sex-marriage recognition”: Marissa Lang of The Salt Lake Tribune has this news update.

And Dennis Romboy of The Deseret News has an update headlined “Utah asks U.S. Supreme Court for stay in gay marriage recognition case.”

You can view the stay request, addressed to Circuit Justice Sonia Sotomayor, at this link.

Update: In other coverage, at “SCOTUSblog,” Lyle Denniston has a post titled “Utah challenges ‘interim’ same-sex marriages.”

Posted at 8:26 PM by Howard Bashman



“After small crash, a long, costly court battle”: Craig R. McCoy had this article earlier this week in The Philadelphia Inquirer.

Posted at 4:32 PM by Howard Bashman



“Guantanamo judge’s secret order on secret motion is so secret defense lawyers can’t see it; Only the prosecutors know what the war court judge has ordered, but they won’t discuss it because it’s a secret”: Carol Rosenberg of The Miami Herald has this report.

Posted at 4:17 PM by Howard Bashman



“Federal judge rules California death penalty is unconstitutional”: Maura Dolan of The Los Angeles Times has this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined “Federal judge rules California’s death penalty unconstitutional.”

And The Associated Press reports that “US judge rules against California death penalty.”

You can access today’s ruling of the U.S. District Court for the Central District of California at this link.

Posted at 3:55 PM by Howard Bashman



“Senate confirms St. Louis’ Ronnie White as federal judge”: The St. Louis Post-Dispatch has a news update that begins, “In a near party-line vote, the Senate today confirmed Ronnie White as a U.S. District Court judge in Missouri. The vote was 53-44.”

According to the article, “White’s confirmation comes 15 years after his first nomination to the judgeship by then-President Bill Clinton was defeated by nine votes in the Senate in 1999.”

You can access today’s official U.S. Senate roll call vote tally at this link.

Posted at 3:50 PM by Howard Bashman



“Separate and Unequal: Frontline examines what’s behind the growing racial divide in American schools.” You can view the video of yesterday’s broadcast of the PBS program “Frontline” at this link.

Posted at 1:42 PM by Howard Bashman