How Appealing



Tuesday, September 20, 2016

“EFF to Court: Posting 3-D Design Files Online Is Free Speech; Government Has Created Impermissible Licensing Regime for Computer-Readable Designs.” Electronic Frontier Foundation issued this news release in December 2015.

Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit rejected that argument in a ruling that you can access here. Circuit Judge Edith H. Jones issued a dissenting opinion that begins, “This case poses starkly the question of the national government’s power to impose a prior restraint on the publication of lawful, unclassified, nototherwise-restricted technical data to the Internet under the guise of regulating the ‘export’ of ‘defense articles.'”

And in news coverage of Defense Distributed, the lead plaintiff in the case, Rob Walker of Bloomberg Businessweek recently had an article headlined “A Crypto-Anarchist Will Help You Build a DIY AR-15: Cody Wilson’s Ghost Gunner milling machine makes the most crucial element of an assault rifle; It costs just $1,500 and there’s a waiting list to get it.”

Posted at 11:25 PM by Howard Bashman



“Facebook to ‘millions of Internet users’: Relax, you’re not engaged in computer fraud.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 9:02 PM by Howard Bashman



“In Philadelphia, Justices Roll Back Clock to 1794”: Jess Bravin has this post today at WSJ.com’s “Law Blog.”

Posted at 3:24 PM by Howard Bashman



“Trumpism Is the Symptom of a Gravely Ill Constitution; No matter what happens in November, the sickness may be terminal”: Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 3:20 PM by Howard Bashman



“Washington County native will head Illinois’ high court”: Today’s edition of The Belleville News-Democrat contains a front page article that begins, “Illinois Supreme Court Justice Lloyd A. Karmeier will become the next chief justice.”

And Andrew Maloney of the Chicago Daily Law Bulletin reports that “Karmeier named next chief justice.”

Meanwhile, in related news, Becky Yerak of The Chicago Tribune has an article headlined “State Farm policyholders get class-action status in $1 billion RICO lawsuit” that begins, “A federal racketeering lawsuit involving State Farm and allegations of funneling money into the election of a state judge has been granted class-action status, potentially benefiting more than 4 million policyholders.”

And Jef Feeley of Bloomberg News has a report headlined “Did State Farm Bankroll Judge? Customers’ Claim Is Now Class Action.”

Posted at 12:15 PM by Howard Bashman



“Iowa Supreme Court visits Keokuk’s Grand Theatre; Southeast Iowa visit was part of ongoing series”: In today’s edition of The Hawk Eye of Burlington, Iowa, Tanner Cole has a front page article that begins, “Iowa Supreme Court justices met the general population of Keokuk Monday night in the city’s Grand Theatre to hear oral arguments on a rezoning case about a famed baseball field and farm in Dyersville.”

Posted at 12:09 PM by Howard Bashman



“Defying the Supreme Court, judges deal severe blow to separation of church and state”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 12:05 PM by Howard Bashman



“Would Trump nominate Peter Thiel to Supreme Court? The rumor doesn’t appear to be true, but a Thiel-like nomination would bring diversity to the Court.” Law professor Glenn Harlan Reynolds has this essay online at USA Today.

Posted at 12:02 PM by Howard Bashman



“ACLU Seeks $233,058 For Costs Of Suing Kim Davis Over Marriage Licenses; ‘We hope to . . . send a message to government officials that willful violations of individuals’ rights will be costly,’ an attorney for the organization said”: Dominic Holden of BuzzFeed News has this report.

Posted at 11:44 AM by Howard Bashman



“What rights does a disabled child have at school?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 11:40 AM by Howard Bashman



“‘Notorious RBG’ Lawyer Who Died at 25 Posthumously Admitted to Bar”: Jeff Storey of the New York Law Journal has this report.

Posted at 11:35 AM by Howard Bashman



“IP lawyer learns the hard way: Copying Newegg appellate brief is not fair use.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight had this post last Thursday.

Posted at 11:04 AM by Howard Bashman



“New attempt to stop ballot question raising judges’ retirement age”: Angela Couloumbis has this article in today’s edition of The Philadelphia Inquirer.

Posted at 10:40 AM by Howard Bashman



“Gun rights debate returns to Washington courtroom”: Ariane de Vogue of CNN.com has a report that begins, “The battle over gun rights returns to the nation’s capital Tuesday, when a federal appeals court will consider a gun restriction that requires applicants for a license to carry a concealed firearm to demonstrate a ‘good reason’ to fear injury to his or her person or property.”

And Andrea Noble of The Washington Times reports that “D.C.’s gun laws to be tested in federal appeals court.”

The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit hearing oral argument in the case today consists of Circuit Judges Karen LeCraft Henderson and Thomas B. Griffith and Senior Circuit Judge Stephen F. Williams. Once the oral argument audio becomes available online, I will link to it.

Posted at 10:34 AM by Howard Bashman