How Appealing



Sunday, May 17, 2015
Saturday, May 16, 2015

“Alabama Attorney General says citizens, not Supreme Court, should decide gay marriage laws”: Brian Lawson of The Huntsville Times has this report.

Posted at 11:04 PM by Howard Bashman



“Death Sentence for Boston Bomber, Dzhokhar Tsarnaev, Unsettles City He Tore Apart”: Katharine Q. Seelye, Abby Goodnough, and Jess Bidgood will have this front page article in Sunday’s edition of The New York Times.

Mark Berman of The Washington Post reports that “The Boston Marathon bomber was sentenced to death, but the government can’t execute anyone right now.”

And Kim Bellware of The Huffington Post reports that “Why Dzhokhar Tsarnaev May Never Make It To The Death Chamber.”

Posted at 8:40 PM by Howard Bashman



“It turns out Ted Cruz does not get his insurance through Obamacare”: Katie Zezima has this entry today at the “Post Politics” blog of The Washington Post.

Posted at 5:20 PM by Howard Bashman



“Judge dismisses ‘whodunit’ suit over sex toy”: In yesterday’s edition of The Houston Chronicle, Cindy George had an article that begins, “Declaring on Thursday that a case presented to a jury this week remains a ‘whodunit,’ a Houston federal judge granted a directed verdict requested by a United Airlines lawyer and ended a sex toy humiliation case without closing arguments or jury deliberation.”

Earlier this week, the newspaper had related coverage headlined “Lawsuit involving passengers’ sex toy goes to federal trial” and “Baggage dispute at issue in trial.”

And Courthouse News Service reported earlier this week that “Man Testifies Dildo Prank Ruined His Life.”

This case previously had an appellate component. In November 2013, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a non-precedential ruling that reversed the dismissal of the case at the pleadings stage. In news coverage of that ruling, Law360.com reported that “5th Circ. Revives Sex-Toy Suit Against United Continental” (subscription required for full access).

Posted at 1:45 PM by Howard Bashman



“UK frat house search was illegal, justices say”: Yesterday’s edition of The Louisville Courier-Journal contained this article.

The Associated Press reports that “Ky.’s high court vacates student’s drug conviction.”

And in earlier coverage, in February 2015 The Courier-Journal had an article headlined “UK frat house bust raises privacy issues” that begins, “The maxim that ‘a man’s home is his castle’ is one of the oldest in the law. But what about a man’s fraternity house?”

You can access Thursday’s ruling of the Supreme Court of Kentucky at this link.

Posted at 10:18 AM by Howard Bashman



“Oklahoma execution case: Attorney General’s Office blames citation error for incorrect information sent to U.S. Supreme Court.” Barbara Hoberock of The Tulsa World has this report.

Posted at 9:40 AM by Howard Bashman



“Google versus Oracle case exposes differences within Obama administration”: Dan Levine and Lawrence Hurley of Reuters have an article that begins, “The Obama administration has been locked in internal wrangling over what position to take in high profile litigation between two American technology giants, Google and Oracle, according to multiple sources familiar with the discussions. It faces an end-of-May deadline to decide whether to take sides in a case before the U.S. Supreme Court that will have wide implications for the technology industry.”

Posted at 9:34 AM by Howard Bashman



Friday, May 15, 2015

“Frito-Lay loses battle over rival’s ‘Pretzel Crisps’ name”: Reuters has this report.

And Law360.com reports that “Fed. Circ. Nixes Ruling That ‘Pretzel Crisps’ Is Generic.”

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

Earlier, “The TTABlog” had a post titled “Precedential No. 6: TTAB Finds PRETZEL CRISPS Generic for Pretzel Crackers” about the ruling of the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board in the case.

And even earlier, The New York Times reported on the underlying dispute in an article headlined “Trademarks Take On New Importance in Internet Era.”

Posted at 8:00 PM by Howard Bashman



“Tsarnaev jurors reach verdict in penalty phase”: Patricia Wen, Kevin Cullen, and Milton J. Valencia of The Boston Globe have this news update.

The court has announced that it will go into session to receive the verdict at 3 p.m. eastern time today. Update: CNN has just reported that the verdict will be announced at 3:10 p.m. eastern time.

Posted at 2:48 PM by Howard Bashman



“Religious freedom bill sponsor Rep. Mike Johnson: Superman for Louisiana’s religious right?” Emily Lane of The Times-Picayune of New Orleans has this report.

Posted at 12:09 PM by Howard Bashman



“3rd Circuit Upholds Constitutionality of 2257; Remands requirement that recordkeepers be available to inspectors 20 hours per week”: Mark Kernes of AVN News has an article that begins, “In a ruling that is likely to be appealed to the U.S. Supreme Court, the Third Circuit U.S. Court of Appeals [yesterday] issued a ruling upholding the constitutionality of the federal recordkeeping and labeling law, 18 U.S.C. sec. 2257, despite the fact that the law does little to prevent minors from appearing in adult content.”

Posted at 11:42 AM by Howard Bashman



“Justice Kagan Highlights Day 3 of the 2015 Sixth Circuit Judicial Conference”: Steve Delchin has this post today at the “Sixth Circuit Appellate Blog.”

Posted at 8:42 AM by Howard Bashman



Thursday, May 14, 2015

“Texas anti-gay marriage bill in limbo with time running out”: The Associated Press has a report that begins, “An effort by Texas Republicans to defy the U.S. Supreme Court if gay marriage is legalized hung in limbo Thursday, as Democrats tried to run out the clock on bill that would prohibit government employees from issuing wedding licenses to same-sex couples.”

Posted at 11:58 PM by Howard Bashman



“In Memoriam: Dan Markel.” The current issue of the Florida State University Law Review contains three essays that you can access here, here, and here.

And in a recent post at “TaxProf Blog,” Paul Caron reprints a Facebook post from Dan’s father about the unveiling of the headstone last month at Dan’s gravesite.

Posted at 11:08 PM by Howard Bashman