How Appealing



Monday, April 26, 2021

“Liberals want to expand the Supreme Court. Many Democrats disagree. Senate Republicans are still seizing on the issue in the lead-up to the 2022 midterms.” Marianne LeVine of Politico has this report.

Posted at 8:14 AM by Howard Bashman



Sunday, April 25, 2021

“A cheerleader’s Snapchat rant leads to ‘momentous’ Supreme Court case on student speech”: Robert Barnes of The Washington Post has this report.

Posted at 8:48 PM by Howard Bashman



“Split-Second Decisions: How a Supreme Court Case Shaped Modern Policing; Officers using deadly force rely on a legal doctrine set forth decades ago; Now, the movement launched by the death of George Floyd is trying to change that standard.” David D. Kirkpatrick will have this article in Monday’s edition of The New York Times.

Posted at 8:44 PM by Howard Bashman



“The Supreme Court debates the all-powerful F-word”: Columnist Nicholas Goldberg has this essay online at The Los Angeles Times.

Posted at 12:48 PM by Howard Bashman



“The Supreme Court on the Docket: Democrats are pushing proposals to overhaul the high court, Republicans oppose them, and no one believes change would come easily.” Jess Bravin of The Wall Street Journal has this report.

Posted at 12:46 PM by Howard Bashman



“Supreme Court to debate whether nonprofits must reveal donors despite threat of violence”: John Fritze of USA Today has this report.

Posted at 12:44 PM by Howard Bashman



Saturday, April 24, 2021

“Judicial Notice (04.24.21): Million-Dollar Deals; Justice Barrett’s big book deal, Bradley Gayton’s lucrative consulting gig, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:58 PM by Howard Bashman



“Andy Warhol Foundation fights back in fair use case; Lawyers for the foundation claim a US Court of Appeals decision conflicts with precedent and threatens historically significant contemporary art work”: Daniel Cassady of The Art Newspaper has this report.

Posted at 12:20 PM by Howard Bashman



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



Thursday, April 22, 2021

“The Supreme Court’s ‘cursing cheerleader’ case could reshape students’ First Amendment rights; A case about a high school student acting like a high school student raises difficult First Amendment questions”: Ian Millhiser has this essay online at Vox.

Posted at 10:03 PM by Howard Bashman



“Chamber to SCOTUS: Corporation’s ‘objectively baseless suit’ is not a sham.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post. And you can view the amicus brief at this link.

Posted at 9:56 PM by Howard Bashman



“Supreme Court Rejects Limits on Life Terms for Youths; The court, which has for years been cutting back on harsh punishments for juvenile offenders, changed course in a 6-to-3 decision”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court rules against juvenile sentenced to life without parole.”

David G. Savage of The Los Angeles Times reports that “Supreme Court OKs life in prison without parole for some juveniles convicted of murder.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Narrows Protections for Juvenile Offenders; Judges need not find defendants permanently incorrigible before imposing life without parole.”

And Alex Swoyer of The Washington Times reports that “Supreme Court upholds states’ rights to impose life sentences on juveniles.”

Posted at 9:52 PM by Howard Bashman



“Case over Jeffrey Epstein’s ‘sweetheart deal’ could be headed for Supreme Court; An appeals court ruling left alleged Epstein victims ‘largely empty-handed'”: James Hill of ABC News has this report.

Posted at 8:31 PM by Howard Bashman



“Episode 18: You Guys Are Such Dads!! (with David Lat).” You can access this week’s new installment of the “In Loco Parent(i)s” podcast hosted by Karen and Steve Vladeck via this link.

Posted at 1:52 PM by Howard Bashman