How Appealing



Wednesday, September 30, 2015

“The Slave-State Origins of Modern Gun Rights: The idea that citizens have an unfettered constitutional right to carry weapons in public originates in the antebellum South, and its culture of violence and honor.” Saul Cornell and Eric M. Ruben have this essay online today at The Atlantic.

Posted at 8:33 PM by Howard Bashman



“Supreme Court Preview: What Is in Store for October Term 2015?” You can access the audio and video from today’s Federalist Society event via this link.

Posted at 7:30 PM by Howard Bashman



“In Session With U.S. Supreme Court Justice Stephen Breyer”: The audio from yesterday’s broadcast of KQED Radio’s “Forum with Michael Krasny” can be accessed via this link.

Posted at 6:15 PM by Howard Bashman



“Court upholds California law to control paparazzi’s driving”: The Associated Press has this report.

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “California Law Punishing Paparazzi for High-Speed Celebrity Chases Is Upheld; Appeals court rules that it doesn’t impinge free speech or press rights under First Amendment.”

You can access today’s ruling of the California Court of Appeal for the Second Appellate District at this link.

Posted at 5:50 PM by Howard Bashman



“Supreme Court justice says she owes female predecessors”: The Associated Press has a report that begins, “U.S. Supreme Court Justice Elena Kagan said Wednesday she stands ‘on the shoulders’ of the women who came before her on the court.”

Posted at 5:40 PM by Howard Bashman



“Retroactivity, the Due Process Clause, and the Federal Question in Montgomery v. Louisiana“: Jason M. Zarrow and William H. Milliken have this essay at Stanford Law Review Online. Earlier this year, they published a related article in the Indiana Law Review.

Posted at 11:14 AM by Howard Bashman



“Court Rules N.C.A.A. ‘Is Not Above Antitrust Laws'”: The New York Times has this news update reporting on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

In other coverage, Dan Levine and David Ingram of Reuters report that “U.S. appeals court upholds most of antitrust ruling against NCAA.”

Pamela A Maclean and Eben Novy-Williams of Bloomberg News report that “U.S. College Athletes Get School Costs Paid But No Cash.”

The Associated Press reports that “Appeals court rules NCAA in violation of antitrust laws.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Appeals court rules that ban on pay for college athletes is illegal.”

Posted at 11:10 AM by Howard Bashman



NextGen Appellate CM/ECF e-filing update: Earlier this month, I had a post titled “Is the current method of federal appellate electronic filing becoming technologically obsolete?” and a related follow-up post the next morning.

Yesterday evening, I received the following email from longtime “How Appealing” reader David A. Sellers, who serves as Public Affairs Officer at the Administrative Office of the U.S. Courts:

I am pleased to notify you that earlier today we informed the courts that the first release of the appellate version of the Next Generation of CM/ECF (NextGen) software is now available to all appellate courts and bankruptcy appellate panels. The AO will provide training and support assistance to these courts as they begin the process of installing, configuring, testing, and training their staff and the bar on the new features provided in this release. Each court determines when it is prepared to go-live, so implementation dates will vary.

As you know, the Second and Ninth Circuit Courts of Appeals, serving as pilot courts, have been live on the first release of NextGen CM/ECF since October 2014, working closely with the AO to identify improvements to the application. This effort has resulted in a NextGen CM/ECF product that is stable and ready for deployment to the remaining appellate courts and bankruptcy appellate panels.

NextGen CM/ECF Release 1.0.1 for the appellate courts and bankruptcy appellate panels will provide enhanced Appellate Attorney Filing. This means the Java plug-in for attorney filers has been removed and a more modern and streamlined interface has been provided. (The removal of the Java plug-in allows attorneys to be able to continue to file using browsers such as Microsoft Edge and Chrome, which have recently dropped support of the Java plug-in.)

It also will provide Central Sign-on, so all public and judiciary users will be able to maintain one account to access all courts that are live on the first release of the NextGen CM/ECF software.

I thank David for sending along this welcome news and for allowing me to share it with this blog’s readership.

Posted at 10:24 AM by Howard Bashman



“US supreme court: conservatives set to retake reins after year of liberal wins; After a spate liberal decisions on gay marriage and Obamacare, experts predict the court’s conservative majority will reassert itself ahead of the 2016 election.” Dan Roberts of The Guardian (UK) has this report.

Posted at 8:42 AM by Howard Bashman



“Doug Kendall, Liberal Who Challenged Supreme Court’s Conservatives, Dies at 51”: This obituary appears online at The New York Times.

Posted at 8:32 AM by Howard Bashman