How Appealing

Wednesday, February 19, 2020

“Judge Excuses 9/11 Defense Lawyer and Postpones Torture Testimony; The court will allow the lawyer to withdraw gradually from the case for health reasons while the Pentagon finds another death penalty expert”: Carol Rosenberg of The New York Times has this report.

Posted at 9:22 PM by Howard Bashman

“The Consequences of Curtailing Cumulative Finality; Narrow approaches to cumulative finality can result in the inadvertent and needless loss of appellate rights”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 5:57 PM by Howard Bashman

“U.S. Baseball to Face Suit by Fan Hit in the Face by Line Drive”: Peter Hayes of Bloomberg Law has a report (subscription required for full access) that begins, “A 12-year old girl who was seriously injured by a line drive at a baseball game got her claims against the U.S. Baseball Federation reinstated after a California appeals court held that the assumption of risk doctrine didn’t bar the suit.”

You can access yesterday’s ruling of California’s Second District Court of Appeal, Division Seven, at this link.

Posted at 5:32 PM by Howard Bashman

“Florida Can’t Bar Ex-Felons From Voting Just Because They’re Poor, Appeals Court Rules; The opinion is a vehement rebuke of Florida Republicans’ voter suppression scheme”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 4:34 PM by Howard Bashman

“Movie Studios Back Oracle in Supreme Court Fight Over Computer Code; The Motion Picture Association, minus Netflix, argues that software is ‘inherently different’ than works like movies and television shows — and so Google can’t defend theft of code as a ‘transformative’ fair use”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 3:50 PM by Howard Bashman

“Limits on Florida’s Amendment 4 are unconstitutional, federal panel rules; The ruling, which was expected, sets up a legal fight that could lead to the U.S. Supreme Court”: Lawrence Mower of The Tampa Bay Times has this report.

Steve Lemongello of The Orlando Sentinel reports that “Felons who can’t afford fines and fees shouldn’t be stopped from voting in Florida, appeals court rules in limited decision.”

Arian Campo-Flores of The Wall Street Journal reports that “Court Blocks Florida Restrictions on Felons’ Voting Rights; Decision upholds injunction against state law narrowing eligibility under amendment that restored 1.4 million people to rolls.”

And Bobby Caina Calvan and Curt Anderson of The Associated Press have a report headlined “Court: Florida can’t bar felons from vote over fines, fees.”

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

Posted at 1:06 PM by Howard Bashman

“Post-impeachment, Trump declares himself the ‘chief law enforcement officer’ of America”: Toluse Olorunnipa and Beth Reinhard of The Washington Post have this report.

In commentary, online at The Washington Post, law professor Josh Blackman has an essay titled “Trump has the constitutional power to intervene in Roger Stone’s sentencing; The Constitution does not place a wall between the president and the Justice Department.”

At “The Volokh Conspiracy,” Blackman has this related blog post.

And on Twitter, law professor Marty Lederman offers this response to Blackman’s essay.

Posted at 10:56 AM by Howard Bashman

“Getting an abortion in ‘the most pro-life state in America’: Welcome to the Louisiana clinic at the center of the battle that could gut Roe v. Wade.” Anna North of Vox has this report.

Posted at 9:10 AM by Howard Bashman

“If a woman running for Texas Supreme Court is selfish, thank goodness for selfish women; Amy Clark Meachum got called out by her opponent for the strangest reason”: The Dallas Morning News has published this editorial.

Posted at 9:07 AM by Howard Bashman

“Sexual harassment by judges operating with impunity shows courts need their own #MeToo; The branch of government charged with enforcing federal discrimination and harassment laws does not police its own”: Dylan Hedtler-Gaudette and Sarah Turberville recently had this essay online at NBC News.

Posted at 8:54 AM by Howard Bashman