How Appealing

Thursday, September 10, 2009

Fifth Circuit rejects constitutional challenge to the "immoral purpose" aspect of a federal statute that makes criminal "[t]he importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose": You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:00 PM by Howard Bashman


"[W]e conclude that the retroactive application of SORNA's juvenile registration and reporting requirement violates the Ex Post Facto Clause of the United States Constitution." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today, striking down as unconstitutional a portion of the federal law known as the Sex Offender Registration and Notification Act of 2006.

Circuit Judge Stephen Reinhardt is the author of the decision.
Posted at 03:57 PM by Howard Bashman



"Many have wondered what exactly the best tack is to take when trying to get a visit from the chief justice of the U.S. Supreme Court. University officials went with football tickets to the Notre Dame game. It worked." So begins an article headlined "Law School to celebrate 150th anniversary with Supreme Court Chief Justice" published yesterday in The Michigan Daily.

The law school's invitation to the Chief Justice can be accessed here, while additional information about the visit can be accessed here.
Posted at 03:35 PM by Howard Bashman



By a vote of 6-4, the en banc U.S. Court of Appeals for the Seventh Circuit refuses to switch sides on a question of law that's already produced a 5-4 circuit split: Both the majority and the dissenting opinion contain interesting discussions of institutional concerns. According to the majority opinion, "When one circuit's overruling would convert a 5-4 conflict into a 4-5 conflict, it is best to leave well enough alone."
Posted at 03:30 PM by Howard Bashman


"DOD lawyer hedges on closing Gitmo by January": The Associated Press has this report.
Posted at 12:59 PM by Howard Bashman


South Dakota inmate's request for a succah behind bars leads to an interesting RLUIPA ruling from the U.S. Court of Appeals for the Eighth Circuit: You can access today's ruling at this link. Among other things, the appellate court rejects South Dakota's challenge to the constitutionality of the federal law known as the Religious Land Use and Institutionalized Persons Act of 2000.
Posted at 11:57 AM by Howard Bashman


"State can go after patients' VA benefits": In today's edition of The San Francisco Chronicle, Bob Egelko has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 09:44 AM by Howard Bashman


"Appeals court upholds Kan. pharmacist's conviction": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
Posted at 09:40 AM by Howard Bashman


"'Repressed memory' at issue in defrocked priest's appeal": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "Defrocked priest Paul R. Shanley, one of the key figures in Boston's clergy sex abuse scandal, plans to challenge his rape and indecent assault convictions before the state's highest court today when his lawyer argues that the victim's 'repressed memory'' was junk science."

And The Associated Press reports that "Convicted ex-priest challenges repressed memories."
Posted at 08:04 AM by Howard Bashman



"Ninth Circuit Judicial Conference: Videos." Yesterday, the U.S. Court of Appeals for the Ninth Circuit provided online access via this link of videos recorded at the court's most recent judicial conference, which occurred in July 2009.

Among the videos of interest are those titled "Where Have All the Reporters Gone?" and "Conversation with The Solicitor General Elena Kagan." Windows Media Player is required to launch these videos.
Posted at 08:00 AM by Howard Bashman



"S.F. ban on tobacco in drugstores survives": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "San Francisco can enforce its ban on tobacco sales in drugstores, a federal appeals court ruled Wednesday, rejecting a free-speech argument by tobacco giant Philip Morris."

You can access yesterday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:55 AM by Howard Bashman



"Prospective jurors don't want any part of Junior Gotti's upcoming trial": This article appears today in The New York Daily News.
Posted at 07:45 AM by Howard Bashman


"Madoff's Sentencing Judge to Be Appellate Court Choice": Today's edition of The New York Times contains an article that begins, "Denny Chin, a federal district judge in Manhattan who has been involved in a number of prominent decisions, including the sentencing of Bernard L. Madoff to 150 years in prison for his huge Ponzi scheme, is expected to be nominated by the White House for a prestigious appellate judgeship in New York, according to the office of Senator Charles E. Schumer."

The Wall Street Journal reports today that "Madoff Judge to Be Named to U.S. Appeals Court."

And The Associated Press reports that "Madoff judge to be nominated to appeals court."
Posted at 07:42 AM by Howard Bashman



"Sentences for Possession of Child Porn May Be Too High, Judges Say": law.com has this report.

According to the article, "7th Circuit Chief Judge Frank Easterbrook, who testified with a separate group of appellate judges, agreed that the child pornography possession area might be ripe for review. He said it gives him pause when he sifts through a stack of sentences that includes a bank robber getting a 10-month sentence and a person convicted of downloading child pornography receiving a 480-month sentence."
Posted at 07:38 AM by Howard Bashman



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