How Appealing

Thursday, December 12, 2013

"Judge: Mt. Soledad cross must come down." The San Diego Union-Tribune has a news update that begins, "A San Diego federal judge ruled Thursday that the cross atop Mount Soledad is unconstitutional, although the chances of the controversial La Jolla monument coming down anytime soon are unlikely."

The Los Angeles Times has a news update headlined "Judge orders Mt. Soledad cross removed but allows appeals."

Reuters reports that "U.S. judge orders landmark California cross taken down."

And The Associated Press reports that "Judge orders removal of San Diego war cross."

I have posted online at this link the ruling that U.S. District Judge Larry Alan Burns of the Southern District of California issued today.

Judge Burns notes in his decision that he originally ruled that the monument could remain, only to be reversed by the Ninth Circuit. Judge Burns also notes that U.S. Supreme Court review remains a possibility.
Posted at 08:45 PM by Howard Bashman

"Legal battle over gay marriage moves to the South; Virginia gay, lesbian couples begin same-sex marriage fight that may lead to Supreme Court": Richard Wolf of USA Today has this report.
Posted at 06:12 PM by Howard Bashman

In jurisprudence essays available online at Slate: Law professors Kal Raustiala and Christopher Jon Sprigman have an essay titled "Beauty and the Beasties: The Beastie Boys should lose their GoldieBlox challenge -- and they'll lose even if they win."

Sam Kleiner has an essay titled "Not Even Lance Deserves This: How the government is using the war on terror to go after him for millions."

And Imran J. Syed has an essay titled "Doubly Wronged in Detroit: Because the city is broke, Dwayne Provience won't get compensated for the decade he spent in prison for a murder he didn't commit."
Posted at 05:06 PM by Howard Bashman

"Aereo Urges U.S. Supreme Court to Hear Broadcast TV Case": Greg Stohr of Bloomberg News has this report.

Variety has a report headlined "Aereo to Broadcasters: Go Ahead, Take the Case to Supreme Court."

c|net has a report headlined "Aereo to broadcasters: Supreme Court? Bring it on; Aereo will not oppose broadcast networks' petition for the US Supreme Court to rule on the service's legal merits, but getting to the Supreme Court is still a long shot."

The Verge reports that "Aereo wants to fight broadcasters before the Supreme Court."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Aereo Won't Oppose Supreme Court Battle; The digital streaming company responds to broadcasters' attempts to interest the high court in a battle that could reshape the TV industry."
Posted at 04:55 PM by Howard Bashman

"Class actions deliver more money to more people than arbitration: CFPB." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 04:45 PM by Howard Bashman

"In Rule Fight, Reid Counters Delay With Senate All-Nighter": Jeremy W. Peters of The New York Times has this report.

The Washington Post reports that "After all-nighter, Senate to continue with confirmation fight through the weekend."

The Los Angeles Times has a report headlined "Senate all-nighter: Filibuster fallout bogs down chamber's work."

And The Washington Times reports that "Senate pulls all-nighter as GOP protests rules change."
Posted at 02:44 PM by Howard Bashman

"Cablevision: Aereo Is Illegal, But Broadcasters Are Wrong in Their Attack on Startup." Variety has this report on a white paper titled "Aereo and the Public Performance Right" that Cablevision Systems Corp. issued today. A related press release from Cablevision can be accessed here.

Update: In other coverage, Dan Levine of Reuters reports that "Cablevision says broadcasters overreaching in Aereo case."
Posted at 02:33 PM by Howard Bashman

"It's a New York state of mind for some Supreme Court justices": Robert Barnes has this article in today's edition of The Washington Post.

At "The Volokh Conspiracy," John Elwood has a related post titled "The Not-So-Hypothetical."

And in other news coverage, Lawrence Hurley of Reuters reports that "U.S. Supreme Court wrestles with child abduction case."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Lozano v. Montoya Alvarez, No. 12-820.
Posted at 02:22 PM by Howard Bashman

"The Mirror of Guantanamo": Linda Greenhouse has this essay online at The New York Times.
Posted at 02:17 PM by Howard Bashman

"Chief Judge For 9th Circuit Cites 'Epidemic' Of Prosecutor Misconduct": Radley Balko has this post at his "The Agitator" blog.
Posted at 02:16 PM by Howard Bashman

"Nina Pillard, Georgetown Law Professor, Confirmed to D.C. Circuit": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 09:44 AM by Howard Bashman

For those of you still filing federal appellate briefs that contain a separate "Statement of the Case" and "Statement of Facts": That's soooooo pre-December 1, 2013. On that date, amendments to Federal Rule of Appellate Procedure 28 took effect "remov[ing] the requirement that an appellant's brief contain separate statements of the case and of the facts" and instead providing that "a single statement of the case must include the relevant factual and procedural history as well as identify the rulings to be reviewed." (The foregoing quotes are from this helpful primer that the Fifth Circuit's clerk's office recently issued.)

Consequently, nouveau appellate advocates will no longer be left to ponder the endlessly entertaining riddle of how one can or should state "the case" without simultaneously stating "the facts." On further review, the unquestionably brilliant minds behind the Federal Rules of Appellate procedure have decided that the "Statement of the Case" can and should include the facts.
Posted at 09:00 AM by Howard Bashman

"Senate set to pull all-nighter, approves federal appeals court nominee": has this report, which notes that "The first vote in the extended session came shortly after 1 a.m. ET as the Senate approved 51-44 the nomination of Nina Pillard to serve on the federal appeals court in Washington."

Update: You can access the official U.S. Senate roll call vote tally at this link.

In recognition of the time at which her confirmation occurred, the formal investiture ceremony for D.C. Circuit Judge Cornelia T.L. Pillard will take place at 1:05 a.m. on a date yet to be announced. The invitations will note that semi-formal attire or pajamas will be appropriate.

After Circuit Judge Pillard establishes herself at the D.C. Circuit as the "fraulein of FERC" and compiles a record of decisions even more moderate than that of California Supreme Court Justice Goodwin Liu, she will be confirmed to the U.S. Supreme Court by a one-third vote (the minimum required once the Senate approved the so-called armageddon option), where she will then be free to "evolve."
Posted at 07:36 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