How Appealing



Thursday, March 1, 2018

“Fox News wins appeal over sharing of clips”: Jonathan Stempel of Reuters has this report.

Larry Neumeister of The Associated Press reports that “Fox News wins appeals ruling over media monitoring company.”

Christie Smythe of Bloomberg News reports that “TVEyes Loss Means Television News Revenue Is Less Under Threat.”

Brian Flood of Fox News reports that “Fox News wins copyright infringement suit against media monitoring company TVEyes.”

At the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Fox News Wins Appellate Showdown Against Service That Facilitates Sharing of TV Clips; The 2nd Circuit rejects copyright fair use arguments made by the media monitoring service TVEyes.”

John Eggerton of Broadcasting & Cable reports that “Court Says TVEyes’ Fox News Clips Not Fair Use; Says use was transformative, just not fair.”

Nick Rummell of Courthouse News Service reports that “Second Circuit Delivers Blow to News-Clip Service TVEyes.”

Online at Bloomberg View, law professor Stephen L. Carter has an essay titled “The Easy Way to Avoid Copyright Infringement: Pay; If we’re going to have the law, sometimes innovative companies will get pinched.”

And Katharine Trendacosta of Electronic Frontier Foundation has a post titled “Second Circuit Gouges TVEyes With Terrible Fair Use Ruling.”

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

Posted at 10:56 PM by Howard Bashman



“Appeals court denies bid to reconsider ruling on Peace Cross”: Denise Lavoie of The Associated Press has a report that begins, “A federal appeals court on Thursday rejected a request to reconsider its ruling that a 40-foot-tall (12-meter) cross on a Maryland highway median just outside Washington violates the U.S. Constitution, prompting supporters of the war memorial to vow to take the case to the U.S. Supreme Court.”

You can access today’s order of the U.S. Court of Appeals for the Fourth Circuit denying rehearing en banc by an 8-to-6 vote, and the opinions concurring therein and dissenting therefrom, at this link.

Posted at 10:22 PM by Howard Bashman



“Supreme Court Justices Grill Attorneys In Sandy Hook Records Case”: Matthew Kauffman of The Hartford Courant has an article that begins, “When Adam Lanza was in fifth grade, he created an eight-chapter booklet about a brutal gun-toting woman and her son, who attacked children, soldiers and eventually, each other.”

Posted at 10:02 PM by Howard Bashman



“Fast Times At 40 Foley: Second Circuit Drama In Zarda v. Altitude Express; This history-making case generated a slew of interesting, funny, and even snarky opinions.” David Lat has this post at “Above the Law.”

Posted at 9:56 PM by Howard Bashman



“Justice Breyer Takes on the World: U.S. Supreme Court Justice Provides Candor on the Role of the Judiciary, and His Own Place in It.” Eric Williamson of the University of Virginia School of Law has this report.

The law school has posted on YouTube at this link the video of Justice Breyer’s talk earlier today.

Posted at 9:48 PM by Howard Bashman



“President Donald J. Trump Announces Bipartisan Group of Nominees to the United States Sentencing Commission”: The White House issued this news release today. The four nominees include two federal appellate judges.

Posted at 9:44 PM by Howard Bashman



“Justice Breyer’s Dire Warning: The justice seems genuinely concerned that the Supreme Court’s conservatives will strip immigrants of their constitutional rights.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:40 PM by Howard Bashman



“California’s top court strikes down 50-year sentences for juveniles”: Maura Dolan of The Los Angeles Times has an article that begins, “The California Supreme Court decided Monday that juveniles may not be sentenced to 50 years or longer in prison for kidnapping, rape and sodomy.”

Bob Egelko of The San Francisco Chronicle reports that “State Supreme Court limits length of prison time for youth offenders.”

Jess Sullivan of The Daily Republic of Fairfield, California reports that “State Supreme Court ruling affects Solano County rape, assault case.”

Sudhin Thanawala of The Associated Press reports that “California court nixes long terms for minors who didn’t kill.”

And Ben Bradford of Capital Public Radio reports that “California Supreme Court Rules Sentencing Juveniles 50 Years Or More Cruel And Unusual.”

Justice Goodwin H. Liu wrote the majority opinion for Monday’s 4-to-3 ruling of the Supreme Court of California.

Posted at 10:30 AM by Howard Bashman



“Supreme Court To Hear Oral Argument In Sandy Hook Records Case”: Matthew Kauffman of The Hartford Courant has an article that begins, “The state Supreme Court will hear arguments Thursday on whether drawings, writings and other records seized from the home of Sandy Hook shooter Adam Lanza must be released in response to a Freedom of Information Act request filed by The Courant more than four years ago.”

Posted at 8:06 AM by Howard Bashman