How Appealing



Thursday, January 18, 2007

Available online from law.com: An article headlined “The Record of Achievement No Lawyer Wants” begins, “As he has done for years, California Supreme Court Clerk Frederick Ohlrich warned attorneys just before oral arguments last week to be sure they got the justices’ names correct when addressing them. He had forgotten to give that warning before arguments the day before, Ohlrich said, and, sure enough, one lawyer wound up referring to Justice Ming Chin as Justice Ming.”

And in other news, “Super Lawyers/Best Lawyers Buoyed by N.Y. Advertising Rule.”

Posted at 10:38 PM by Howard Bashman



“Parents of 9/11 Victims Torn From Grandchildren”: This article, which mentions court-ordered grandparent visitation, will appear Friday in The New York Times.

Posted at 10:23 PM by Howard Bashman



“Supreme Court justices will teach, lecture at UA during next 2 years”: The Arizona Daily Star provides a news update that begins, “Current Supreme Court Justices John Roberts and Stephen Breyer will join retired Justice Sandra Day O’Connor as guests of the UA’s law school over the next two years.”

The University of Arizona James E. Rogers College of Law today issued a news release entitled “Three United States Supreme Court Justices in Law School Lineup.”

Posted at 8:30 PM by Howard Bashman



“[W]e reverse the Court of Special Appeals in accordance with our holding that there must be a finding of either parental unfitness or exceptional circumstances demonstrating the current or future detriment to the child, absent visitation from his or her grandparents, as a prerequisite to application of the best interests analysis.” The Court of Appeals of Maryland, that State’s highest court, issued this grandparent visitation ruling last Friday.

A newsbrief published today in The Baltimore Sun reports: “The Court of Appeals said Friday that Maryland’s grandparent visitation law was constitutional but that a grandparent must first show that a parent is unfit or demonstrate that there are exceptional circumstances before a court can consider whether visitation is in the child’s best interests. Enacted in 1981 and amended in 1993, Maryland’s law allows a court to grant grandparents visitation rights if it determines that it is in the best interests of the child. More than a decade of case law had not required grandparents to meet the standards established by Friday’s ruling.”

Posted at 5:04 PM by Howard Bashman



“A judicial truce: Bush was right to drop four controversial picks for the bench; Now Democrats can reciprocate.” This editorial appeared yesterday in The Los Angeles Times. (Thanks to Ed Whelan for the pointer.)

Posted at 4:53 PM by Howard Bashman



“Williams gets life in truck deaths trial”: The Houston Chronicle provides a news update that begins, “On his 36th birthday, Tyrone Williams was sentenced to life in prison today for his role in the 2003 human-smuggling scheme that left 19 illegal immigrants dead. The trucker was convicted last month of 58 smuggling counts. The same jury determined his punishment. The death penalty was an option for 20 counts – the overall conspiracy charge and one count for each person who died.”

And The Associated Press reports that “Truck Driver Sentenced to Life in Prison.”

Posted at 3:45 PM by Howard Bashman



“The court reconsidered this case en banc in order to determine whether an arbitration award must be vacated for ‘evident partiality,’ 9 U.S.C. §10(a)(2), where an arbitrator failed to disclose a prior professional association with a member of one of the law firms that engaged him.” So begins the en banc majority opinion, written by Chief Judge Edith H. Jones, that the U.S. Court of Appeals for the Fifth Circuit issued today. By a vote of 11-5, the court has answered that question in the negative.

The lead dissenting opinion, written by Senior Circuit Judge Thomas M. Reavley, begins:

In 1968 the Supreme Court held that an arbitral award could not stand where the arbitrator had failed to disclose a past relationship that might give the impression of possible partiality. The Court has never changed that holding; it is the law that rules us today. But the majority of this court disapprove of that law because they prefer to protect arbitrators and their awards when they fail to disclose prior relationships with parties or counsel. They therefore change the law for this case and, to make it appear as if their transgression does not matter, trivialize their report of the past relationship. I dissent because this court may not overrule a decision of the Supreme Court.

Judge Reavley wrote the unanimous three-judge panel’s opinion that reached a result opposite from the result that the en banc majority reaches today.

Posted at 3:05 PM by Howard Bashman



“Panel Grills Gonzales Over Spy Program”: The Associated Press provides a report that begins, “Senators demanded details Thursday from Attorney General Alberto Gonzales about new orders putting the government’s domestic spying program under court review – and questioned why it took so long to do so. Meanwhile, the presiding judge of the Foreign Intelligence Surveillance Court said she had no objection to disclosing legal orders and opinions about the program that targets people linked to al-Qaida, but the Bush administration would have to approve release of the information.”

The presiding judge in question is Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia.

Posted at 12:40 PM by Howard Bashman



“Akaka says revised bill can pass this term; Opponents doubt the changes will swing enough votes”: The Honolulu Star-Bulletin today contains an article that begins, “U.S. Sen. Daniel Akaka reintroduced a bill yesterday to grant native Hawaiians their own government, saying this time the Democratic majority in Congress gives him hope the revised measure will finally pass.”

And The Honolulu Advertiser reports today that “Akaka bill foes ready for new fight.”

Meanwhile, at National Review Online, Peter Kirsanow today has a related essay entitled “Disunited States: Multiculturalism run amok.”

Posted at 12:23 PM by Howard Bashman



“Maybe Bush didn’t back down on wiretaps: Stop celebrating — it’s not yet clear whether the administration really intends to start obeying the law.” Glenn Greenwald has this essay today at Salon.com.

Posted at 12:18 PM by Howard Bashman



“Objections sustained”: The Palm Beach Post today contains an editorial that begins, “Already, there are at least four reasons why Democratic control of the Senate has helped the country. Those reasons are: Terrence Boyle, William Haynes, William Myers III and Michael Wallace.”

Posted at 12:05 PM by Howard Bashman



“Bryan Garner routinely interviews judges and others on the art of writing. LawProse maintains a one-of-a-kind video archive of these educational interviews.” Thanks to Amber Taylor of the “Prettier Than Napoleon” blog for drawing to my attention this web site with huge time suck potential.

Three of my favorite clips available via the site are Seventh Circuit Judge Richard A. Posner (“Judges are impatient, except for new judges, who may actually care what you have to say”); Ninth Circuit Judge Alex Kozinski (“I won’t read blockquotes, but thanks for letting my mind drift to thoughts of snowboarding in Aspen”); and Seventh Circuit Chief Judge Frank H. Easterbrook (“To become a better writer, read the work of good writers, not the work of lawyers”). Please note: the foregoing parentheticals contain paraphrases, not direct quotes, of what these judges say in their video clips.

Posted at 11:37 AM by Howard Bashman



Airplanes now have assault-resistant cockpit doors, but what protects a passenger bus driver from a passenger’s violent assault? A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has today issued a decision affirming an $8 million compensatory damages judgment in favor of a Greyhound Bus passenger who was rendered a paraplegic as a result of a crash that occurred when another passenger violently assaulted the driver of the bus.

A pre-9/11 Salon.com article on the subject of airplane cockpit doors can be accessed here.

In news coverage of the violent assault that gives rise to today’s ruling, The Associated Press reported that “6 dead after bus driver attacked; Greyhound shuts down, but assailant with knife apparently acted alone.” CNN.com reported that “FBI say bus attack wasn’t terrorism,” which was understandably a concern as the attack occurred in early October 2001. And The Tennessean published articles headlined “Greyhound crash kills six; passenger says driver was attacked” and “War stress plagued assailant.”

Posted at 9:50 AM by Howard Bashman



“Court: Non-sex offender to stay on list; ‘Draconian’ ruling on Benton Harbor man’s case may have broad implications, lawyer says.” The Detroit News today contains an article that begins, “A Benton Harbor teacher’s name must remain on the Sex Offender Registry, even if he was not convicted of a sex offense listed on the registry, according to an appeals court ruling.”

You can access Tuesday’s ruling of the Michigan Court of Appeals at this link.

Posted at 9:27 AM by Howard Bashman



“U.S. ceases warrantless spy operation; Domestic surveillance will be conducted only with a court order”: This article appears today in The Los Angeles Times.

The Boston Globe reports today that “Secret court to oversee wiretapping.”

In The New York Sun, Josh Gerstein reports that “Bush Drops Warrantless Surveillance Program.”

The New York Times contains a news analysis headlined “White House Retreats Under Pressure.” The newspaper also contains an editorial entitled “A Spy Program in From the Cold.”

The Washington Post contains a news analysis headlined “Bush Retreats on Use of Executive Power; Allowing Court’s Role in Surveillance Is Latest Step Back.”

USA Today contains a front page article headlined “Court to oversee wiretap program; Lack of warrants fed controversy.” The newspaper also contains an editorial entitled “No court order needed: FBI, CIA, Pentagon use ‘security letters’ to gather personal data.”

And The Washington Times reports that “FISA court will monitor domestic wiretapping.”

Posted at 9:18 AM by Howard Bashman



“Lawmaker: Anti-Cohabitation Law Wrong.” The Associated Press provides a report that begins, “In North Dakota, a man and woman who live together without being married are committing a sex crime. It’s right there in the law, a state senator says, alongside the prohibitions against adultery, incest and indecent exposure. Tracy Potter, a freshman Democrat from Bismarck, is asking the state Legislature to end North Dakota’s status as one of seven states that have anti-cohabitation laws on the books. It has rejected three such attempts since 1990.”

Posted at 9:05 AM by Howard Bashman



“Officer facing court-martial denounces war”: The Los Angeles Times today contains an article that begins, “The nation’s first Army officer to refuse deployment to Iraq urged the public in a statement Wednesday to ‘stop the war so that the death and sacrifices of American soldiers will not be in vain’ after a major legal setback in his court-martial proceedings.”

Posted at 9:02 AM by Howard Bashman



“Judge is in race for U.S. attorney job; Dickran Tevrizian was asked to apply as L.A.’s top prosecutor, a move many find unusual because he could retire or be a private jurist”: Henry Weinstein and Greg Krikorian have this article today in The Los Angeles Times.

Posted at 8:57 AM by Howard Bashman



“High Court Hears 3 Death Penalty Cases; Capital Punishment Accounts for Larger Share of Justices’ Smaller Workload”: Robert Barnes has this article today in The Washington Post.

The Austin American-Statesman reports today that “Supreme Court hears arguments in 3 Texas death penalty cases; UT law professors, students travel to Washington on behalf of inmates.”

The Dallas Morning News reports that “High court revisits Texas death-row case; Jury instruction on killer’s mental state, childhood at issue again.”

And The Daily Texan reports that “Supreme Court hears UT faculty; Appellate judges failed to heed decision of top bench, professors claim.”

Posted at 8:55 AM by Howard Bashman



“More info sought on gay divorce case”: The Providence (R.I.) Journal today contains an article that begins, “The Rhode Island Supreme Court says it needs more information before it can decide if the state Family Court has jurisdiction to hear a same-sex divorce case involving two Providence women who married in Massachusetts.”

Posted at 8:27 AM by Howard Bashman