How Appealing



Friday, October 30, 2015

“How America Tolerates Racism in Jury Selection”: Online at The New York Times, Larry D. Thompson has an op-ed that begins, “On Monday, the Supreme Court will hear oral arguments in Foster v. Chatman, a case that challenges the all-too-common practice by which prosecutors deliberately exclude African-Americans from criminal juries.”

Posted at 11:11 PM by Howard Bashman



“Producer of parody ‘Point Break Live!’ wins $250K in damages: court.” The New York Daily News has this report.

The Associated Press reports that “Appeals court rules in favor of ‘Point Break’ parody creator.”

Courthouse News Service has a report headlined “Copyright Victory for ‘Point Break’ Stage Spoof.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court Rules ‘Point Break’ Parody Is Entitled to Copyright Protection.”

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

Posted at 8:23 PM by Howard Bashman



“6 Reasons Why Tuesday’s Pennsylvania Supreme Court Election Is Absolutely Crucial: The stakes? School funding; Gun control; Redistricting; And so much more.” Patrick Kerkstra has this post today at the “Citified” blog of Philadelphia Magazine.

Posted at 4:28 PM by Howard Bashman



“The Supreme Court Takes On the All-White Jury; The high court on Monday will confront a sordid history of juror suppression”: Spencer Amdur has this essay online today at The New Republic.

Posted at 4:25 PM by Howard Bashman



“Stalled Legal Process Threatens Obama’s Executive Actions On Immigration”: Richard Gonzales had this audio segment on Wednesday’s broadcast of NPR’s “All Things Considered.”

Posted at 3:07 PM by Howard Bashman



“Argument preview: ‘Series qualifier’ and ‘last antecedent’ canons battle over statutory interpretation.” Evan Lee has this post today at “SCOTUSblog.”

Posted at 2:05 PM by Howard Bashman



“2 Congressmen Propose Barring U.S. Prosecutors From Reading Inmates’ Emails to Lawyers”: Stephanie Clifford has this article in today’s edition of The New York Times.

Posted at 1:48 PM by Howard Bashman



“There’s No Evidence In Clinton White House Documents For Clintons’ Story On Anti-Gay Law; Talking to people about the Defense of Marriage Act today — in a political climate that is much more supportive of LGBT rights — is very different than examining what those people actually wrote and discussed in 1996”: Chris Geidner of BuzzFeed News has this report.

Posted at 10:22 AM by Howard Bashman



“Judge: Obama appointees bring no big shift to D.C. Circuit.” Josh Gerstein of Politico.com today has a blog post that begins, “President Barack Obama’s installation of four new judges on the powerful D.C. Circuit Court of Appeals over a period of less than a year hasn’t resulted in a dramatic shift in the outcome of cases, one of the new judges said Thursday night.”

Posted at 10:18 AM by Howard Bashman



Attention Tenth Circuit — In a ruling issued yesterday, the Fifth Circuit noted the superiority of Texas over Oklahoma in college football: Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a published opinion written by Circuit Judge Gregg Costa that begins, “In addition to their well-known disagreements over boundaries and football, Texas and Oklahoma do not see eye to eye on a less prominent issue: covenants not to compete.”

A footnote to the opening sentence’s mention of football reads, “The authoring judge cannot help but note that the University of Texas leads the University of Oklahoma 61-44-5 in the Red River Rivalry. See Red River Showdown, WIKIPEDIA, https://en.wikipedia.org/wiki/Red_River_Showdown (last modified Oct. 12, 2015, at 3:24 PM).” Finally a cite to Wikipedia in a judicial opinion as to which all of Texas can be proud.

And speaking of Wikipedia, although Judge Costa was born in Baltimore, he grew up in Texas and received his J.D. in 1999(!) from the University of Texas School of Law.

Now the proverbial football is squarely back in the court of the U.S. Court of Appeals for the Tenth Circuit to assert Oklahoma’s superiority over Texas in something. The internet, not surprisingly, offers some ideas (see here and here).

Posted at 10:09 AM by Howard Bashman



“No Right to Complain”: Today at Inside Higher Ed, Scott Jaschik has a post that begins, “A federal appeals court on Thursday ruled, 2 to 1, that five psychologists who wrote a memo criticizing the management of the counseling center at Georgia State University lacked First Amendment protections in their grievance.”

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

Posted at 9:52 AM by Howard Bashman