How Appealing

Wednesday, June 4, 2014

One more reason not to retire from the U.S. Supreme Court too early -- you might get stuck deciding an appeal involving the meaning of the word "willfully" in a federal statute criminalizing "knowingly and willfully obstructing the passage of mails": Retired Justice David H. Souter issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit.
Posted at 11:14 PM by Howard Bashman


"Supreme Court appointments: Still more questions than answers." Law professor Carissima Mathen has this essay online at The Toronto Globe and Mail.
Posted at 11:04 PM by Howard Bashman


"Cyberbullying Law Challenged in Court; New York Jurists to Decide if Criminal Statute Violates Freedom of Speech; Other States and Localities Await Precedent": In Thursday's edition of The Wall Street Journal, Joe Palazzolo will have an article that begins, "New York's high court on Thursday will consider one of the first legal challenges to state and local laws that make it a crime for people to bully others online, especially children."
Posted at 10:52 PM by Howard Bashman


"City Soda Fight, in Court, Tests Agency's Power": This article will appear in Thursday's edition of The New York Times.

My earlier coverage of today's oral argument in the New York State Court of Appeals can be accessed here.
Posted at 10:28 PM by Howard Bashman



"Golden Globes Lawsuit Hits Appeals Court: HFPA Says Judge Made 'Significant Mistake'; An HFPA lawyer argues that the Ninth Circuit Court of Appeals should reverse a ruling that Dick Clark Productions can produce the Globes as long as the show is on NBC." Alex Ben Block has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 10:22 PM by Howard Bashman


"Gitmo Fail: Obama promised to close Guantanamo; Why is he releasing dangerous detainees and ignoring the rest?" Emily Bazelon has this essay online at Slate.
Posted at 10:18 PM by Howard Bashman


"When Global Warming Kills Your God: Twenty-three Alaskan tribesmen broke the law when they overfished king salmon, but they claim their faith gave them no other choice." Adam Weymouth has this article online at The Atlantic.
Posted at 10:16 PM by Howard Bashman


"New York City seeks to reinstate large soda ban": Reuters has a report that begins, "An attorney for New York City has asked the state's top court to revive a ban on large sugary drinks, saying the city's health department has the power to ban any products, even hamburgers, that pose a health risk."

Bloomberg News reports that "NYC Asks Top Court to Revive Bloomberg's Big-Soda Ban."

And The Associated Press reports that "State court considers restoring NYC big-soda ban."
Posted at 08:17 PM by Howard Bashman



"Court: BP must pay Clean Water Act fines for spill." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 07:20 PM by Howard Bashman


"Supreme Court Rebuffs Call to End Same-Sex Marriages in Oregon": Adam Liptak of The New York Times has this news update.

The Oregonian has a news update headlined "Gay marriage: Supreme Court declines to halt same-sex marriages in Oregon."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court won't block Oregon same-sex marriages."
Posted at 06:04 PM by Howard Bashman



"Lawyers spar on secret-court documents in Chicago": The Associated Press has a report that begins, "A federal appeals court in Chicago has heard oral arguments over surveillance issues highlighted during the past year by disclosures from onetime government contractor Edward Snowden."
Posted at 05:28 PM by Howard Bashman


"American Lawyer publisher sold back to Wasserstein & Co": Reuters has this report.

And the "DealBook" blog of The New York Times has a post titled "Wasserstein & Co. to Buy Back American Lawyer."
Posted at 02:22 PM by Howard Bashman



"Any expressive aspects of Osinger's speech were not protected under the First Amendment because they were 'integral to criminal conduct' in intentionally harassing, intimidating or causing substantial emotional distress to V.B." So held a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a decision issued today upholding a defendant's federal conviction for the offense of stalking.
Posted at 01:24 PM by Howard Bashman


"Defendant's appeal gets his sentence increased(!) from 30+ years to LWOP": At his "Sentencing Law and Policy" blog, Douglas A. Berman has this post today about an interesting ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 01:10 PM by Howard Bashman


"The Constitution, coercion, and bribery at the Roberts Court": Law professor Laurence H. Tribe has this guest post today at "The Volokh Conspiracy."
Posted at 01:03 PM by Howard Bashman


"Pennsylvania Progressives Torpedo Nomination Of Potential GOP Obama Judicial Pick": Jennifer Bendery of The Huffington Post has this report.
Posted at 11:30 AM by Howard Bashman


"Appeals Court to continue blocking Arizona abortion law": The Arizona Republic has this report.

Howard Fischer of The Arizona Daily Star reports that "Federal appeals court blocks Arizona abortion-drug law."

Reuters reports that "Arizona abortion drug restrictions to stay blocked pending appeal."

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Arizona Anti-Abortion Pill Law Blocked."

And at the "Taking Note" blog of The New York Times, Dorothy J. Samuels has a post titled "When Courts Consider Evidence, Abortion Supporters Win."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 10:44 AM by Howard Bashman



"Sotomayor on her memoir and much more": Mark Walsh has this post at "SCOTUSblog."
Posted at 10:37 AM by Howard Bashman


"U.S. appeals court says judge wrongly rejected SEC-Citigroup accord": Nate Raymond and Jonathan Stempel of Reuters have this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Update: In other coverage, The Associated Press reports that "Court limits judge's say over $285M Citigroup deal."

And Bloomberg News reports that "Citigroup Wins Order Reviving $285 Million SEC Accord."
Posted at 10:33 AM by Howard Bashman



"Farmers Branch settles last part of lawsuit over rental ordinance for $1.4 million": The Dallas Morning News has this report.
Posted at 07:52 AM by Howard Bashman


"FSU reopens search for leader; New candidate Polston is Fla. Supreme Court chief justice": This front page article appears today in The Tallahassee Democrat.
Posted at 07:49 AM by Howard Bashman


"N.Y. Soda Fight Goes to Top Court as City Seeks Reversal": Bloomberg News has this report.

And in related commentary, online at Justia's Verdict law professor Rodger Citron has an essay titled "The Soda Ban or the Portion Cap Rule? Litigation Over the Size of Sugary Drink Containers as an Exercise in Framing."

Update: In other coverage, The New York Times has a report headlined "A Fight to Limit Sugary Drinks Enters Its Final Round."
Posted at 07:46 AM by Howard Bashman



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