How Appealing

Tuesday, September 16, 2008

"Appeals court upholds Doctor John's decision": The Deseret News provides an update that begins, "A federal appeals court on Tuesday upheld an earlier decision that First Amendment rights were not violated by an ordinance requiring a sexually oriented business license for a Roy boutique."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:55 PM by Howard Bashman

"Couple fight gender-neutral language in wedding license": This front page article appears today in The Sacramento Bee.
Posted at 08:50 PM by Howard Bashman

"Prosecutors say reputed Klansman is flight risk": The Associated Press provides a report that begins, "A reputed Ku Klux Klansman recently acquitted in the abductions of two black teenagers slain in 1964 is a flight risk and should remain in prison while the government considers appealing the ruling, federal prosecutors argued Tuesday."
Posted at 08:40 PM by Howard Bashman

"Of Guns, Abortions, and the Unraveling Rule of Law": Fourth Circuit Judge J. Harvie Wilkinson III has posted this essay online at SSRN (via "Legal Theory Blog").
Posted at 08:22 PM by Howard Bashman

"Judges question whether stay hurts Congress's case": Jesse J. Holland of The Associated Press provides this report.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Stay Tuned: D.C. Circuit Weighs Stay in Subpoena Case."
Posted at 08:07 PM by Howard Bashman

"D.C. Council Votes to Relax Firearm Restrictions": The Washington Post provides this news update.

And The Associated Press reports that "House debates bill to kill D.C. gun restrictions."
Posted at 07:58 PM by Howard Bashman

"Justice Samuel A. Alito Jr. praises Constitution; Jurist speaks to 1,500 at Susquehanna": This article appears today in the Daily Item of Sunbury, Pennsylvania.
Posted at 06:35 PM by Howard Bashman

Ninth Circuit rejects argument that a federal district court may require that notices of appeal be filed electronically in order to be timely: The U.S. District Court for the Eastern District of California received the appellant's notice of appeal in the mail before the deadline for appeal had expired but rejected the notice because, among other reasons, that federal district court is an ECF jurisdiction requiring that notices of appeal be filed electronically. The appellant's electronic notice of appeal, however, was not filed until after the deadline for a timely appeal.

In a ruling issued today, the U.S. Court of Appeals for the Ninth Circuit holds that the appeal was timely, because the appellant provided the notice of appeal (albeit on paper rather than electronically) for filing to the district court's clerk before the deadline for appeal had expired.
Posted at 03:50 PM by Howard Bashman

"Judge: Riviera Beach 'saggy pants' ban unconstitutional." This article appeared yesterday in The Palm Beach Post.
Posted at 03:12 PM by Howard Bashman

"Although economic rights are at stake, we are not basing our decision today on our personal approach to economics, but on the Equal Protection Clause's requirement that similarly situated persons must be treated equally." So explains the majority on a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in an opinion issued today striking down as unconstitutional a California pest controller license exemption to the extent the exemption does "not include mice, rats, or pigeons."

Update: Law Professor Orin Kerr criticizes the legal basis for this ruling in a post that you can access here at "The Volokh Conspiracy."
Posted at 02:54 PM by Howard Bashman

Sharing is caring: The Administrative Office of the U.S. Courts today issued a news release titled "Judicial Conference Adopts Courtroom Sharing Policy As Latest Cost-Saver."

Update: At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Judges Sharing Courtrooms."
Posted at 02:27 PM by Howard Bashman

"House panel moves toward Porteous impeachment": The Times-Picayune of New Orleans provides this news update.
Posted at 01:54 PM by Howard Bashman

"Attorney who won landmark Guantanamo case to work here; Retired naval lawyer setting up practice in Seattle": The Seattle Post-Intelligencer today contains an article that begins, "The retired Navy lawyer who beat the president of the United States in a pivotal Supreme Court battle over trying alleged terrorists at Guantanamo Bay plans to open a criminal defense practice in Seattle."
Posted at 09:25 AM by Howard Bashman

"Cable Programmers Air FCC Challenge in D.C. Circuit": Mike Scarcella had this post late yesterday at "The BLT: The Blog of Legal Times."
Posted at 09:20 AM by Howard Bashman

"Standing Up to Angler: A group of administration officials took on the vice president to defend the rule of law on surveillance." The Washington Post contains this editorial today.
Posted at 09:10 AM by Howard Bashman

"No Longer in Sniper's Shadow; Muhammad's Ex-Wife Determined to Heal Her Children, Other Abuse Victims": This article appears today in The Washington Post.
Posted at 09:07 AM by Howard Bashman

"Lawmakers Are Seeking Answers in Anthrax Case; FBI's Mueller to Be Queried by House Panel About Evidence Against Researcher": The Washington Post contains this article today.

And yesterday at "The BLT: The Blog of Legal Times," Tony Mauro had a post titled "New Twist in Hatfill Case."
Posted at 09:02 AM by Howard Bashman

"Scalia says judges need to interpret, not rewrite Constitution": This article appears today in The Salt Lake Tribune.

And The Herald Journal of Logan, Utah today contains an article headlined "'Supreme' opinion" featuring a very large photograph of Justice Antonin Scalia at yesterday's appearance.

Elsewhere, The Day of New London, Connecticut reported yesterday that "Scalia To Visit Mystic To Get Church Award; St. Edmundites honoring U.S. Supreme Court justice."
Posted at 08:48 AM by Howard Bashman

"Partying by prosecutor kept out of Nichols trial": The Atlanta Journal-Constitution today contains an article that begins, "A judge said Monday he believed a prosecutor partied with illegal drugs before trying Brian Nichols for rape, but spared her from having to testify about it during Nichols' upcoming murder trial. Superior Court Judge James Bodiford ruled that questions about Gayle Abramson Csehy's use of cocaine and Ecstasy are irrelevant to the murder case, in which testimony starts next Monday."
Posted at 08:44 AM by Howard Bashman

"Judge Upholds Student's Suspension for Fake MySpace Page": Shannon P. Duffy of The Legal Intelligencer has an article that begins, "An eighth-grade student who was suspended for 10 days after she created a fake page on that depicted her principal as a pedophile and a sex addict has lost her civil rights suit now that a federal judge has ruled that the discipline was proper and didn't violate her free speech rights."

And The Pottsville (Pa.) Republican & Herald reported last Friday that "Court won't block suspension."

I have posted a copy of last week's ruling of the U.S. District Court for the Middle District of Pennsylvania at this link.
Posted at 08:28 AM by Howard Bashman

"The Tort Bar's Comeback": This editorial appears today in The Wall Street Journal, which has redesigned its web site.
Posted at 08:15 AM by Howard Bashman

"11th Circuit Limits New Rules on Crack Sentencing; Panel says five defendants can't seek resentencing because their prison time was based on career-offender status": provides this report today.

You can access the recent ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 08:10 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