How Appealing



Thursday, March 29, 2018

“Liberal giant on federal bench who wrote gay marriage decision has died”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 11:40 PM by Howard Bashman



Pick up the pace, Fifth Circuit orders dilatory federal district judge: When a federal district judge seems to be taking too long to decide something, a party may contemplate filing a petition for writ of mandamus with the applicable U.S. Court of Appeals. But doing that could make the district judge angry, and such mandamus petitions rarely succeed.

But rarely doesn’t mean never. The U.S. Court of Appeals for the Fifth Circuit posted online today a per curiam ruling from last Friday in which it granted a writ of mandamus ordering a dilatory federal district judge to decide two pending summary judgment motions within thirty days.

Posted at 11:14 PM by Howard Bashman



“A Conversation with Justice Breyer and a Panel Discussion on the First Amendment and Hate Speech”: The National Constitution Center has posted this video online.

Posted at 10:54 PM by Howard Bashman



“Federal Appeals Court Dismisses ATA’s New York Thruway Lawsuit”: Eric Miller of Transport Topics has an article that begins, “A federal appeals court has dismissed a class-action lawsuit filed in 2013 by American Trucking Associations alleging that the New York State Thruway Authority did not have the right to use toll revenues collected from commercial truckers to support the state’s canal system.”

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

Posted at 10:45 PM by Howard Bashman



“Judge Stephen Reinhardt dies; weighed in on Proposition 8, travel ban”: Laura Jarrett and Darran Simon of CNN have this report.

Posted at 10:20 PM by Howard Bashman



“No, Justice Stevens, We Don’t Need to Repeal the Second Amendment: The Constitution is simply not an obstacle to effective gun regulation; Politicians are.” Elizabeth Wydra has this jurisprudence essay online at Slate.

Online at CNN, Robert A. Levy has an essay titled “Why the Stevens gun manifesto is beyond irresponsible.”

Online at Fox News, Robert Charles has an essay titled “If the Second Amendment falls, our entire Bill of Rights falls.”

And at Reason.com’s “Hit & Run” blog, Damon Root has a post titled “Justice John Paul Stevens Is Wrong About the Second Amendment, Again; The retired justice wants to claw back parts of the Bill of Rights.”

Posted at 6:12 PM by Howard Bashman



“Lindsay Lohan, ‘Mob Wives’ star lose bids to sue Grand Theft Auto V makers over allegedly using their likenesses”: Kenneth Lovett of The New York Daily News has this report.

Jonathan Stempel of Reuters reports that “Lindsay Lohan loses ‘Grand Theft Auto’ appeal.”

Chris Dolmetsch of Bloomberg News reports that “Lindsay Lohan’s Pursuit of ‘Grand Theft Auto’ Lawsuit Stalls.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court: Lindsay Lohan ‘Not Recognizable’ in ‘Grand Theft Auto’; Her Lawsuit Fails; New York State’s highest court says that video game avatars can violate one’s privacy rights but it has to be more than a generic artistic depiction.”

You can access today’s rulings of the Court of Appeals of New York — that state’s highest court — in these two related cases here and here.

Posted at 5:36 PM by Howard Bashman



“His Clients Weren’t Complaining. But the Judge Said This Lawyer Worked Too Hard.” Richard A. Oppel Jr. of The New York Times has this report.

Posted at 4:44 PM by Howard Bashman



“Maryland appeals court upholds overturning of ‘Serial’ subject Adnan Syed’s murder conviction”: Justin Fenton and Kevin Rector of The Baltimore Sun have this report.

Sonia Rao of The Washington Post reports that “Adnan Syed of ‘Serial’ will get a new trial, Maryland court affirms.”

Liam Stack of The New York Times reports that “Adnan Syed of ‘Serial’ Is Granted a New Trial.”

Talal Ansari of BuzzFeed News reports that “An Appeals Court Has Ruled Adnan Syed From ‘Serial’ Should Get A New Trial.”

And at the “Maryland Appellate Blog,” Steve Klepper has a post titled “Adnan Syed entitled to new trial, Court of Special Appeals affirms. What’s next?

You can access today’s ruling of the Court of Special Appeals of Maryland at this link.

Posted at 3:22 PM by Howard Bashman



“Slippery gerrymanders: The Supreme Court struggles with partisan redistricting; The justices dislike gerrymandering but do not know what to do about it.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

Posted at 2:54 PM by Howard Bashman



“Baseball Improved Fan Safety, but in Court, It’s Teams That Are Protected”: Wallace Matthews has this article in today’s edition of The New York Times.

Posted at 11:54 AM by Howard Bashman