How Appealing

Wednesday, March 20, 2013

"$10 court-records access fee proposed": Bob Egelko of The San Francisco Chronicle has an article that begins, "Looking up records in the county courthouse, which is now free, would cost $10 per file under a proposal in Gov. Jerry Brown's budget that was quietly drafted by officials of the cash-starved state courts."
Posted at 11:44 PM by Howard Bashman

"Antitrust scholar Douglas Ginsburg to join George Mason faculty": Andrew Longstreth of Reuters has this report.
Posted at 11:28 PM by Howard Bashman

"Feds battle Walgreens in painkiller distribution case": Michael Doyle of McClatchy Newspapers has this report on a case scheduled for oral argument tomorrow at the U.S. Court of Appeals for the D.C. Circuit.
Posted at 11:26 PM by Howard Bashman

"A Colorblind Constitution: What Abigail Fisher's Affirmative Action Case Is Really About." Nikole Hannah-Jones has this article online at ProPublica.
Posted at 11:12 PM by Howard Bashman

"'Regular' couples at core of historic gay marriage case; Two otherwise unremarkable couples from California hope to change the face of marriage in America by convincing the Supreme Court to legalize same-sex marriage from coast to coast": Richard Wolf will have this article in Thursday's edition of USA Today.
Posted at 11:05 PM by Howard Bashman

"One-on-one with Pa. Supreme Court Chief Justice Ron Castille": ABC television affiliate WHTM of Harrisburg, Pennsylvania today has this report, which is the first in a two-part series.
Posted at 10:54 PM by Howard Bashman

"Wedding Bells": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "I was at the Library of Congress the other day, doing some research in Justice Harry A. Blackmun's collected papers there (an amazing gift that keeps on giving to anyone interested in the history of the Supreme Court in the last three decades of the 20th century)."
Posted at 09:51 PM by Howard Bashman

"'Partial-Birth Abortion' litigation: An example of the problem of an uncertain role definition for federal trial judges." Senior U.S. District Judge Richard G. Kopf had this interesting post Sunday at his blog, "Hercules and the Umpire."

In September 2011, Judge Kopf recused himself from presiding over civil cases involving the regulation of abortion. The explanation he provided for that recusal can be accessed here.
Posted at 09:00 PM by Howard Bashman

"9/11 victims seek revival of Saudi Arabia case at 2nd Circuit": Nate Raymond of Reuters has this report.
Posted at 05:52 PM by Howard Bashman

"Supreme Court chews over case pitting raisin farmers against USDA": Michael Doyle of McClatchy Newspapers has this report.
Posted at 05:51 PM by Howard Bashman

In today's mail: I received the Winter 2013 issue of The Green Bag, which is chock full of good stuff that you can access via this link.
Posted at 05:46 PM by Howard Bashman

"New war crimes review opposed": Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:30 PM by Howard Bashman

"Supreme Court trims N.C. share of disabled child's malpractice settlement": Michael Doyle of McClatchy Newspapers has this report.
Posted at 05:28 PM by Howard Bashman

The contents of the March 2013 issue of the Harvard Law Review are now available online: You can access the contents via this link.

Included within this month's issue are Recent Cases write-ups of the Eighth Circuit's en banc ruling in Planned Parenthood v. Rounds and the Ninth Circuit's en banc ruling in United States v. Nosal.
Posted at 05:16 PM by Howard Bashman

You can now access online the audio from yesterday's two noteworthy Third Circuit oral arguments: The oral argument in the GPS tracking case, United States v. Katzin, can be accessed via this link.

And the oral argument in NLRB v. New Vista Nursing, the recess appointments case, can be accessed via this link.
Posted at 04:56 PM by Howard Bashman

"MIT students receive hoax e-mail telling them classes are canceled; message cites 'Aaron Swartz situation'": The Boston Globe has this news update.

MIT's student newspaper, The Tech, reports that "Sophomore impersonating Reif in email says classes are cancelled due to Swartz-related threats."

And on Monday, law professor Tim Wu had a blog post online at The New Yorker titled "Fixing the Worst Law in Technology."
Posted at 03:00 PM by Howard Bashman

"Justices uphold EPA's policy on logging road runoff": Jeremy P. Jacobs of Greenwire has this report.
Posted at 02:50 PM by Howard Bashman

"Hunger Strike Cases Surge at Guantanamo": Charlie Savage will have this article Thursday in The New York Times.
Posted at 02:48 PM by Howard Bashman

"Young Opponents of Same-Sex Marriage Undaunted": This article will appear Thursday in The New York Times.

And California Lawyer magazine has posted online three related law professor essays. Erwin Chemerinsky's essay is titled "Gay Marriage at the Supreme Court: What to anticipate in the marriage equality oral arguments."

Douglas W. Kmiec's essay is titled "Faith, Reason, and Prop. 8 at the U.S. Supreme Court."

And Rory K. Little's essay is titled "Prop. 8 Should Be Decided on the Merits."
Posted at 02:44 PM by Howard Bashman

"Child Porn Victims Win Restitution Hearing": Pamela A. MacLean has this post today at her "Trial Insider" blog.

My earlier mention of Monday's Ninth Circuit ruling appears at this link.
Posted at 02:20 PM by Howard Bashman

"Argument recap: If only it were simple . . ." At "SCOTUSblog," Lyle Denniston has a post that begins, "A portentous constitutional issue hung in the air Wednesday as the Supreme Court examined government seizures of private property, and everybody seemed to want to have it decided."
Posted at 02:16 PM by Howard Bashman

"Appeals court rules for La. monks in casket fight": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 01:49 PM by Howard Bashman

"Funding Cuts Will Compromise Federal Courts, Judges Tell Congress": The Administrative Office of the U.S. Courts issued this news release today.
Posted at 11:25 AM by Howard Bashman

"The Federalist Case Against the Defense of Marriage Act: The debate over gay marriage and federal power reaches the Supreme Court." Damon W. Root has this essay online at Reason.
Posted at 10:24 AM by Howard Bashman

Access online today's rulings in argued cases of the U.S. Supreme Court: The Court issued two decision in argued cases today.

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Decker v. Northwest Environmental Defense Center, No. 11-338. Chief Justice John G. Roberts, Jr. issued a concurring opinion, in which Justice Samuel A. Alito, Jr. joined. Justice Antonin Scalia issued an opinion concurring in part and dissenting in part. And Justice Stephen G. Breyer did not participate in the ruling. You can access the oral argument via this link.

2. And Justice Kennedy delivered the opinion of the Court in Wos v. E.M.A., No. 12-98. Justice Breyer issued a concurring opinion. And Chief Justice Roberts issued a dissenting opinion, in which Justices Scalia and Clarence Thomas joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court sides with timber industry in runoff dispute" and "Disabled teen wins high court case over settlement."

And Lawrence Hurley of Reuters reports that "High court rules for timber industry over road runoff."
Posted at 10:05 AM by Howard Bashman

"Justices Permit Resale of Copyrighted Imports": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "In copyright case, Supreme Court rules that goods made overseas can be resold here."

In today's edition of The Los Angeles Times, David G. Savage and Dawn Chmielewski have an article headlined "Supreme Court sides with book reseller in copyright ruling; The Supreme Court's ruling on copyrighted works bought abroad and resold in the U.S. gives discount retailers a victory and the entertainment industry a setback."

In today's edition of The Wall Street Journal, Brent Kendall has an article headlined "High Court Rules in Favor of Book Reseller." You can freely access the full text of the article via Google.

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court OKs Discounted Resale Of 'Gray Market' Goods."

Erin Geiger Smith of Reuters reports that "Copyright holders assess what's next after SCOTUS first-sale ruling."

The Chronicle of Higher Education reports that "In Win for Libraries Over Publishers, Supreme Court Upholds Reselling of Foreign Books."

Inside Higher Ed reports that "Libraries Can Lend Foreign Books."

At the "School Law Blog" of Education Week, Mark Walsh has a post titled "Justices Rule Against Publishers in Textbook Copyright Case."

At's "Threat Level" blog, David Kravets has a post titled "Supreme Court Boosts Right to Resell Copyrighted Goods."

Joe Mullin of Ars Technica reports that "Supreme Court upholds first-sale doctrine in textbook resale case; Thai student's book-importing business was not a copyright crime."

The Hill has a blog post titled "Supreme Court: Copyrighted goods can be resold in the US."

And at, Daniel Fisher has a post titled "Supreme Court Upholds Right To Sell Foreign-Published Books."
Posted at 08:35 AM by Howard Bashman

"Don't give up your right to elect judges": This editorial appears today in The Pocono Record of Stroudsburg, Pennsylvania.
Posted at 08:14 AM by Howard Bashman

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