How Appealing

Wednesday, March 19, 2014

"Weev Is Still in Jail Because the Government Doesn't Know What Hacking Is": Brian Merchant has this post today at "Motherboard."

At "The Daily Dot," Kevin Collier has a post titled "On the scene for hacker Weev's first and only appeal."

And at "The Declaration," Kenneth Lipp and Dustin Slaughter have a post titled "Venue Heavily Questioned by Court and Defense, Broad View of CFAA Encouraged by Government in Auernheimer Appeal."
Posted at 10:42 PM by Howard Bashman



"Fidelity, ABB Win Reversals in Appeal of 401(k) Plan Case": Bloomberg News has this report.

And Reuters has a report headlined "U.S. appeals court: Fidelity did not overcharge on float fees."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 10:34 PM by Howard Bashman



"The Honorable Juan Torruella, a First Circuit judge, gave a keynote address titled 'The Insular Cases: A Declaration of their Bankruptcy and My Harvard Pronouncement.'" You can view the video via this link (scroll down).
Posted at 10:28 PM by Howard Bashman


"Ruth Bader Ginsburg Is Irreplaceable: All you liberals trying to push her out, think about that." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:50 PM by Howard Bashman


"The Hon. Diane P. Wood and the Case of the Missing Commission": Law professor Ross E. Davies has posted this essay online at SSRN.
Posted at 09:02 PM by Howard Bashman


"What Lies Beneath": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:27 PM by Howard Bashman


"The Right to Silence Your Phone": Ian MacDougall has this article online at Newsweek.
Posted at 08:14 PM by Howard Bashman


"Religious challenge to health care law hits high court": Richard Wolf of USA Today has this report.
Posted at 06:23 PM by Howard Bashman


"[T]his case shows every sign of being an overzealous prosecution for a technical violation of a criminal regulatory statute -- the kind of rigid and severe exercise of law-enforcement discretion that would make Inspector Javert proud." This quotation, believe it or not, comes from the dissenting opinion of the only judge on a divided three-judge Seventh Circuit panel who voted to uphold the defendant's conviction.

When the only judge on a three-judge panel who is willing to uphold a federal criminal conviction believes that the prosecution of the case was absurd, one wonders what will happen now that the defendant's conviction has been vacated and the case remanded for a new trial.

Update: In related commentary, in Thursday's edition of USA Today, law professor Glenn Harlan Reynolds will have an op-ed titled "Our criminal justice system has become a crime; Prosecutors too often abuse unrestrained powers."
Posted at 05:56 PM by Howard Bashman



"Federal judge stays enforcement of gay marriage ruling pending appeal": The Louisville Courier-Journal has this report. The newspaper also has a related update headlined "Gay-marriage appeal passes over higher-profile law firms."

The Lexington Herald-Leader has a news update headlined "Federal judge grants indefinite delay of his same-sex marriage ruling in Kentucky."

And The Associated Press reports that "Ky. same-sex marriage recognition put on hold."
Posted at 05:40 PM by Howard Bashman



"Long-time judge Joseph Weis dies at 91": Torsten Ove of The Pittsburgh Post-Gazette has a news update that begins, "Joseph F. Weis, a revered 3rd U.S. Circuit Court of Appeals judge and decorated World War II veteran who was nearly killed on a French battlefield in 1944, died today at 91 at his Fox Chapel home."
Posted at 05:36 PM by Howard Bashman


"Weev appeal puts computer crime laws on trial": Russell Brandom has this report online at The Verge.

And in previews of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit, The Guardian (UK) reported earlier today that "Hacker Andrew 'Weev' Auernheimer attempts to overturn conviction; Lawyers say conviction under Computer Fraud and Abuse Act is flawed and raises questions for civil liberties online."

And earlier today "Gawker" had a post titled "The World's Most Infamous 'Hacker' Has His Appeal Hearing Today."

When the Third Circuit posts online the audio from today's oral argument, I will link to it.
Posted at 04:03 PM by Howard Bashman



"Chevron seeks $32 million in legal fees in Ecuador case": Nate Raymond of Reuters has this report.
Posted at 03:22 PM by Howard Bashman


"Faribault nurse's conviction reversed; state's suicide-assist law struck down": The Pioneer Press of St. Paul, Minnesota has this news update.

The Minneapolis Star-Tribune has a news update headlined "Case of former Minnesota nurse convicted of urging suicides sent back to district court; The state Supreme Court ruled that the state's ban on 'encouraging' suicide is unconstitutional, but upheld language on 'assisting' suicide."

And The Associated Press reports that "Court reverses convictions in aiding-suicide case."

My earlier coverage of today's Minnesota Supreme Court ruling appears at this link.
Posted at 02:15 PM by Howard Bashman



"The Law That Makes It Illegal to Report on Animal Cruelty: What makes Idaho's agricultural industry deserve special protection from journalists and activists?" Andrew Cohen has this essay online today at The Atlantic.

In news coverage of a lawsuit filed earlier this week against the law, The Idaho Statesman reported that "Idaho's ag-gag law challenged in federal court." The newspaper also posted online a copy of the complaint initiating suit.

And The Associated Press reported that "ACLU, others sue Idaho over farm anti-spying law."
Posted at 02:09 PM by Howard Bashman



"The Federal Circuit Muddies Its Venue Transfer Jurisprudence": Cory Andrews had this post yesterday at "The Legal Pulse" blog of Washington Legal Foundation.
Posted at 02:01 PM by Howard Bashman


"Donning and Doffing More than His Robe, Judge Posner Tries an Experiment in Chambers": Ryan N. Parsons has this post at the "Wisconsin Appellate Law" blog discussing the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 11:26 AM by Howard Bashman


"We conclude that the State may prosecute Melchert-Dinkel for assisting another in committing suicide, but not for encouraging or advising another to commit suicide." The Supreme Court of Minnesota has so ruled in a decision issued today.

Earlier today, The Associated Press previewed the expected ruling in a report headlined "Minn. court ruling expected in aiding-suicide case."
Posted at 11:18 AM by Howard Bashman



"Appeals court asked to reject Arizona's no-bail rule": Howard Fischer has this front page article today in The Arizona Daily Star.

And The Associated Press reports that "ACLU, Arizona give arguments over no-bail law.."

You can view at this link the video of yesterday's en banc oral argument before an 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:20 AM by Howard Bashman



"Scalia tells Coast Guard cadets of Constitution's 'genius": The Day of New London, Connecticut has this report.

And The Associated Press reports that "Justice Scalia addresses Coast Guard cadets."
Posted at 10:16 AM by Howard Bashman



"Justice Ruth Bader Ginsburg: Should she stay or should she go?" Steven Mazie has this post at The Economist's "Democracy in America" blog.

And at the "Maryland Appellate Blog," Steve Klepper has a post titled "Four Reasons to End Calls for Justice Ginsburg's Retirement."
Posted at 10:12 AM by Howard Bashman



"Tennessee AG claims same-sex marriage ruling harms state, not couples": The Tennessean has this report.

And Reuters reports that "Tennessee governor to appeal judge's gay-marriage ruling."
Posted at 10:06 AM by Howard Bashman



"In U.S. contraception case, a question of corporate rights": Lawrence Hurley of Reuters has this report.
Posted at 10:03 AM by Howard Bashman


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