How Appealing

Friday, January 27, 2012

U.S. Court of Appeals for the Fifth Circuit grants rehearing en banc to reconsider the amount of restitution that a district court may order a defendant convicted of possessing child pornography to pay to children depicted in the images: Today, the Fifth Circuit posted online this order issued Wednesday granting rehearing en banc in the case captioned United States v. Wright and this order issued Wednesday granting rehearing en banc in the case captioned In re: Amy Unknown.

The original three-judge panel's opinion in the Wright case included a specially concurring opinion written by Circuit Judge W. Eugene Davis, in which all three judges on the panel joined, that began, "I write separately to express my disagreement with the recent holding by the In re Amy panel that section 2259 does not limit the victim's recoverable losses to those proximately caused by the defendant's offense and to urge the court to grant en banc review of that decision."

My earlier coverage of the three-judge panel's decision in Wright appears at this link. And earlier coverage of the Fifth Circuit's ruling in In re: Amy Unknown appears at this link.
Posted at 10:30 PM by Howard Bashman



"Obama lawyers argue rest of health law can survive": James Vicini of Reuters has this report.

And the "aca litigation blog" links here and here to the briefs filed in the case today at the U.S. Supreme Court.
Posted at 06:10 PM by Howard Bashman



"There Is a Judicial Confirmation Crisis, and the GOP Is Causing It; The abuse of chamber laws by Senate Republicans is causing a vacancy crisis in courts nationwide": Marge Baker, Executive Vice President for Policy and Program at People For the American Way, has this essay online at U.S. News & World Report.
Posted at 06:07 PM by Howard Bashman


"Report on Fourth Circuit en banc oral argument in Abu Ghraib contractor appeals": Law professor Kevin C. Walsh has this post at "Walshslaw."
Posted at 04:17 PM by Howard Bashman


"Texas Redistricting Dispute Back in San Antonio After High Court Rejection": Bloomberg News has this report.

And The San Antonio Express-News has an update headlined "Redistricting hearing gets under way."
Posted at 04:16 PM by Howard Bashman



"2d Cir. to hear case of investors who trumped Morrison": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:13 PM by Howard Bashman


"10th Circuit upholds Stolen Valor Act": The Denver Post has this news update on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.

Circuit Judge Timothy M. Tymkovich wrote the majority opinion, in which Senior Circuit Judge Bobby Ray Baldock joined. Circuit Judge Jerome A. Holmes issued a dissenting opinion.

Update: In other coverage, The Associated Press reports that "Denver appeals court upholds military impostor law."
Posted at 02:15 PM by Howard Bashman



"Civil rights law on Supreme Court's mind": Reuters has a report that begins, "A recent decision by the U.S. Supreme Court that dealt with a narrow issue in a redistricting case from Texas suggests that the nation's top court is ready to reconsider a key part of the Voting Rights Act, a major piece of civil rights legislation."
Posted at 01:38 PM by Howard Bashman


"Judge Sentences Komisarjevsky To Death; Moments Earlier, Killer Tells Court He Has To Learn To Forgive Himself": The Hartford Courant has this news update.

And The Associated Press reports that "Conn. home invasion killer is sentenced to death."
Posted at 01:20 PM by Howard Bashman



"Expelled EMU counseling student wins OK to sue after refusal to advise gays, lesbians": David Ashenfelter of The Detroit Free Press has an update that begins, "An Eastern Michigan University student who was expelled from a counseling program because she refused to counsel gays and lesbians about their lifestyles won a key victory today in the U.S. 6th Circuit Court of Appeals."

Circuit Judge Jeffrey S. Sutton wrote the opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 01:10 PM by Howard Bashman



"Alright, Fine, I'll Add a Disclaimer to My Emails": Attorney James Sinclair's excellent email disclaimer posted at McSweeney's is mentioned at the conclusion of a front page article headlined "Warning: If the Email You Just Read Isn't for You, Don't Read It; Disclaimers Proliferate, but Some Wonder About Words; Confidential Lunch Order" published in today's edition of The Wall Street Journal.
Posted at 11:58 AM by Howard Bashman


"Clarence Thomas honored at Holy Cross; 'Lonely kid' returns to alma mater": The Worcester (Mass.) Telegram & Gazette contains this article today.

The Associated Press reports that "Clarence Thomas celebrates Mass. mentor."

And New England Cable News offers a video report.

Today, the College of the Holy Cross issued a news release headlined "Justice Clarence Thomas '71 Receives Honorary Degree from Holy Cross; In remarks, gives praise to President Emeritus Fr. Brooks." Holy Cross has posted online the text of the Honorary Degree Citation at this link.
Posted at 11:38 AM by Howard Bashman



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