How Appealing



Wednesday, September 16, 2015

“Mohamed Mohamud files formal appeal, sets stage for U.S. surveillance program showdown”: The Oregonian has this report today.

According to the article, “Mohamud’s defense team originally filed a 256-page opening brief in the case in May, about the length of a standard novel. But the appeals court ordered they resubmit a slimmer version. The court accepted a relatively svelt 202-page filing Monday.” As posted online, the brief appears to contain a mere 179 pages of text. No word count certification was provided.

Posted at 10:44 AM by Howard Bashman



“Constitutionally, Slavery Is No National Institution”: In today’s edition of The New York Times, Sean Wilentz has an op-ed that begins, “The Civil War began over a simple question: Did the Constitution of the United States recognize slavery — property in humans — in national law?”

Posted at 8:57 AM by Howard Bashman



“Execution day arrives: Debate continues over death penalty and Richard Glossip’s case; Fallin denies inmate’s latest request for delay.” The Tulsa World has this report.

The Oklahoman reports that “Oklahoma governor says lethal injection will go forward; Richard Glossip is to receive a lethal injection at 3 p.m. Wednesday at the state penitentiary in McAlester for setting up the killing of an Oklahoma City motel owner.”

And today’s edition of The New York Times contains an editorial titled “Countdown to an Execution in Oklahoma.”

Posted at 8:52 AM by Howard Bashman



Tuesday, September 15, 2015

“When the House of Representatives Can Sue the President: A federal judge ruled that Congress has standing to sue Obama for his administration’s health care spending; Can the challenge succeed?” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 10:42 PM by Howard Bashman



“If Kim Davis should enforce law she opposes, what about AGs Brown, Harris and Prop. 8?” Bob Egelko has this blog post online today at The San Francisco Chronicle.

Posted at 9:18 PM by Howard Bashman



“Breyer v. Colbert: A comedian, a U.S. Supreme Court justice, and a missed opportunity.” Matt Ford has this essay online today at The Atlantic.

Posted at 9:06 PM by Howard Bashman



“Appeals Court Rules Youtube Video Of Baby Dancing To Prince Was Fair Use”: This audio segment appeared on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 7:36 PM by Howard Bashman



“Constitution Check: Is there, or should there be, a right to be forgotten?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 1:55 PM by Howard Bashman



Access online the “Justice Stephen Breyer Interview” from last night’s broadcast of “The Late Show with Stephen Colbert”: At this link.

And the immediately preceding introductory segment was titled “Better Know A Breyer.”

Posted at 7:22 AM by Howard Bashman



Monday, September 14, 2015

“‘Let’s Go Crazy’ suit: Woman whose kitchen video was yanked from YouTube wins court ruling.” Maura Dolan of The Los Angeles Times has this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined “Demand that mother remove home video from YouTube backfires.”

Howard Mintz of The San Jose Mercury News reports that “California court bolsters ‘fair use’ of music, movies in online posts.”

And The Associated Press reports that “Appeals court clears way for trial over dancing baby video.”

My earlier coverage of today’s Ninth Circuit ruling can be accessed here.

Posted at 11:38 PM by Howard Bashman



“SEC not entitled to deference in State Street fraud appeal — law prof”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 5:46 PM by Howard Bashman



“A Look Back on the Supreme Court’s Turbulent 2014 Term: An analysis of the year’s biggest Supreme Court decisions.” Law professor Douglas W. Kmiec has this article in the September 2015 issue of California Lawyer magazine.

Posted at 1:44 PM by Howard Bashman



“Religious scruples and birth control: Is Obamacare at war with religion?” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

Posted at 1:40 PM by Howard Bashman



“High standard set in YouTube takedown — U.S. appeals court; Toddler dancing to Prince’s ‘Let’s Go Crazy’ prompts case; Fair use must be assessed before demanding video takedowns”: Jonathan Stempel of Reuters has this report.

Joe Mullin of Ars Technica reports that “Appeals court strikes a blow for fair use in long-awaited copyright ruling; Copyright owners must consider fair use, and Universal now faces a trial over it.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court: Copyright Owners Must Consider Fair Use Before Sending Takedowns.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

And the Electronic Frontier Foundation has this page devoted to the case.

Posted at 1:20 PM by Howard Bashman



“Virginia Has Solitary Confinement Case, if Justices Want It”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 10:20 AM by Howard Bashman



“Stephen Breyer’s ‘The Court and the World'”: Law professor John Fabian Witt will have this review of Justice Stephen G. Breyer’s latest book — “The Court and the World: American Law and the New Global Realities” — in the Sunday Book Review section of next Sunday’s edition of The New York Times.

Elsewhere, Publishers Weekly offers this short review.

And yesterday at “Jost on Justice,” Kenneth Jost had a post titled “Justice Breyer Takes a Wide Worldview.”

Posted at 10:15 AM by Howard Bashman



“Law Beyond Our Borders: Justice Breyer Is On A Mission.” This audio segment featuring Nina Totenberg appeared on today’s broadcast of NPR’s “Morning Edition.”

Posted at 9:54 AM by Howard Bashman



“Kentucky clerk won’t interfere with gay marriage licenses”: The Associated Press has a report that begins, “A defiant Kentucky clerk said Monday she will not interfere with her deputies if they keep issuing marriage licenses to same-sex couples, but she declared they will not be authorized by her and questioned their validity.”

Posted at 8:25 AM by Howard Bashman