How Appealing



Friday, April 23, 2021

“A 9-0 Defeat for the FTC; The Supreme Court crushes the agency for abusing the law”: The Wall Street Journal has published this editorial.

Posted at 8:45 PM by Howard Bashman



“Donor Disclosure Arrives at the Supreme Court; The Justices hear a major case on privacy and the right of association”: This editorial will appear in Saturday’s edition of The Wall Street Journal.

Posted at 8:40 PM by Howard Bashman



“Justice Amy Coney Barrett finally meets the other 8 Supreme Court justices for a class photo”: Ariane de Vogue of CNN has this report.

Posted at 6:32 PM by Howard Bashman



“Does Andy Warhol Get Same Copyright Treatment as Google Code? In a bid for a rehearing at the 2nd U.S. Circuit Court of Appeals, the Andy Warhol Foundation says that if ‘line-for-line’ copying of software code can be deemed transformative by the Supreme Court, so too can Warhol’s silkscreens of a Prince photo.” Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 6:25 PM by Howard Bashman



“Supreme Court Notebook: David faces Goliaths over pipeline.” Mark Sherman and Jessica Gresko of The Associated Press have this report.

Posted at 2:53 PM by Howard Bashman



Petition for Rehearing En Banc filed in the Second Circuit in Andy Warhol Foundation for the Visual Arts v. Goldsmith: I have uploaded the petition for rehearing en banc, filed today, at this link.

Recently at Techdirt, Cathy Gellis had a post about the three-judge panel’s decision titled “Oh Look, Here’s Some More Culture Being Canceled, Now Thanks To The Second Circuit.”

Gellis’s post begins, “This decision, Andy Warhol Foundation for the Visual Arts v. Goldsmith, came out only a few weeks ago, yet before the Supreme Court ruled in Google v. Oracle. In light of that latter decision it’s not clear that this one is still good law. Then again, it’s not clear it ever was.”

And earlier, New York Times art critic Blake Gopnik had an essay headlined “Warhol a Lame Copier? The Judges Who Said So Are Sadly Mistaken. An appeals court ruled that Andy Warhol violated a photographer’s copyright by appropriating her image for a silk-screen he did in 1984. Our critic disagrees.”

Posted at 1:04 PM by Howard Bashman



“Is it a Federal Crime for a University to Submit Fake Numbers to U.S. News to Change Its Ranking? A perspective from a former prosecutor.” Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 12:44 PM by Howard Bashman