How Appealing

Thursday, February 25, 2010

"7th Circuit Judges May Testify in Retrial Over Web Threats": has this report.
Posted at 10:17 PM by Howard Bashman

Due to flawed Miranda warnings and an involuntary confession, the en banc Ninth Circuit orders a new trial for a man convicted of participating in the murder of nine individuals, including six monks, inside an Arizona Buddhist temple: You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Update: In early news coverage, The Associated Press reports that "Court says temple killings confession involuntary."
Posted at 02:50 PM by Howard Bashman

"Tracking Justice Stevens' Milestones": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:27 PM by Howard Bashman

Now that's an expensive postage stamp! In 2003, the U.S. Postal Service issued a 37-cent first class stamp commemorating the end of the Korean War. The stamp depicted the image of soldier sculptures located at the Korean War Veterans Memorial in Washington, DC.

Thereafter, the sculptor of those soldiers brought suit against the USPS, asserting that he owned the copyright in the sculptures and that the postage stamp did not constitute a "fair use" of his sculptures. The U.S. Court of Federal Claims rejected the copyright infringement claim in a ruling from December 2008 that you can access here. The trial court ruled that the sculptor owned the copyright but that the postage stamp's use of the images constituted fair use.

Today, however, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit has reversed that ruling, holding that the postage stamp's use of those images did not constitute fair use. You can access today's ruling at this link. As a result, the Federal Circuit's decision holds that the USPS is liable to the sculptor and remands the case back to the trial court so that damages may be determined.

Earlier coverage of the case can be accessed here, here, and here.
Posted at 02:08 PM by Howard Bashman

In the March 2010 issue of ABA Journal magazine: Herman Obermayer has an article headlined "The William Rehnquist You Didn't Know."

Mark Hansen has articles headlined "Police De-text-ive: Is it a privacy violation to review messages on a work-issued pager?" and "You Say You Want a Revolution: In Booker plus five, there's been rumbling but hardly rebelling."

And Richard Brust has an article headlined "Batter Up" that begins, "At his senate confirmation hearing five years ago, chief Justice John G. Roberts Jr. compared a Supreme Court justice's role to that of a baseball umpire."
Posted at 01:18 PM by Howard Bashman

"Deciding Who Decides Intellectual Property Appeals": Law professor C. Scott Hemphill has posted this article online at SSRN (via "Legal Theory Blog") addressing the U.S. Supreme Court's ruling in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.
Posted at 09:35 AM by Howard Bashman

Say what you will about the overall quality of police work, but protection from zombies and clowns appears to be at an all-time high: Last night, I had a post titled "Don't arrest the zombies" reporting on an Eighth Circuit ruling that issued yesterday.

Today, The Tampa Tribune reports that "Man charged with wearing a clown mask in public." And The St. Petersburg Times yesterday had a news update headlined "Tampa man jailed on charge of wearing illegal mask" that begins, "An 18-year-old Tampa man was jailed Tuesday afternoon, charged with wearing a clown mask on a public road."
Posted at 09:30 AM by Howard Bashman

"Dodd Leading Effort To Blunt Ruling On Corporate Spending On Elections": This article appears today in The Hartford Courant.

And The New Haven Register reports today that "Dodd opens campaign to change Constitution."
Posted at 09:14 AM by Howard Bashman

"Court lets blind grad use aids to take bar exam": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:12 AM by Howard Bashman

"Neb. lawmakers to discuss fetal pain abortion bill": The Associated Press has this report.
Posted at 09:10 AM by Howard Bashman

"Death Penalty Is Thrown Out in Texas Murders": In today's edition of The New York Times, John Schwartz has an article that begins, "A Texas court threw out the death sentence on Wednesday of a man whose double murder conviction gained international attention because of revelations that the judge and prosecutor had had an extramarital affair."

Today in The Austin American-Statesman, Chuck Lindell reports that "Divided court tosses death sentence for Hood; Appeals court grants new sentencing trial, says Hood's jury received improper instructions."

And The Dallas Morning News reports that "Death row inmate gets new punishment hearing."

Yesterday's ruling of the Court of Criminal Appeals of Texas consists of a majority opinion and a dissenting opinion.

Earlier this week, columnist Rick Casey of The Houston Chronicle had a related op-ed entitled "Best clue: The case of the erotic candy."
Posted at 09:08 AM by Howard Bashman

"EMI appeals ruling that Men at Work copied tune": The Associated Press has this report.

My earlier coverage appears in a post titled "No Vegemite sandwich for you!"
Posted at 08:54 AM by Howard Bashman

"Philadelphia Jury Finds for Wyeth in Hormone Replacement Therapy Case; The verdict disrupts the streak of plaintiffs' wins before Philadelphia Common Pleas Court juries in HRT mass tort cases": Amaris Elliott-Engel has this article today in The Legal Intelligencer.

And Bloomberg News reports that "Pfizer wins cancer suit on Prempro."
Posted at 08:50 AM by Howard Bashman

"'Miranda' Dealt One-Two Punch by High Court": Tony Mauro of The National Law Journal has this report.
Posted at 08:48 AM by Howard Bashman

"Judge Chatigny Nominated To Seat On U.S. 2nd Circuit Court Of Appeals": This article appears today in The Hartford Courant.

The nominee was embroiled in a death penalty-related controversy in 2005, as detailed in three earlier posts that you can access here, here, and here.
Posted at 08:46 AM by Howard Bashman

"Obama nominates Berkeley professor Goodwin Liu to federal appeals court": In today's edition of The Washington Post, Michael D. Shear has an article that begins, "President Obama on Wednesday nominated to the federal bench a California law professor who has criticized conservative legal theories and strongly opposed Supreme Court Justice Samuel A. Alito Jr.'s nomination."

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Obama nominates Berkeley prof to appeals court."

And The Yale Daily News reports that "Eli tapped for appeals court."
Posted at 08:37 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog