How Appealing

Friday, January 19, 2007

"Revive fair deal on Michigan federal judges; Every judicial nominee should be given a vote": This editorial appears today in The Detroit News.
Posted at 09:28 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "New Landscape for Abortion Debate"; "Ill. Wants Federal OK on Abortion Law"; "Disabled Man Pushes Trafficking Appeal"; and "Reporter's Notes Make Way Into Leak Case."
Posted at 09:05 PM by Howard Bashman

In Texas, you can ride horses, but don't dare eat 'em: If you thought that slaughterhouse cases were merely a relic of federal constitutional law, you were wrong, as today the U.S. Court of Appeals for the Fifth Circuit has decided one such case. Today's opinion explains:
Texas is home to two of the three slaughterhouses in the United States that process horsemeat for human consumption, with the third operating in Illinois. After several decades of operations, the Texas Attorney General informed them that Texas is one of a handful of states that prohibits their activities. Whether he informed them correctly is the subject of this case.

We VACATE the district court's permanent injunction barring the prosecution of slaughterhouses for processing, selling and transporting horsemeat for human consumption.

Thus, as a result of today's ruling, Texas slaughterhouses that process horsemeat can be prosecuted for violating Texas law prohibiting that activity.

As the blog "Statute of Frogs" notes here, the United States is not the only nation where the judiciary and slaughterhouses often find themselves mentioned on the same page. And to access an earlier "How Appealing" mention of the Slaughterhouse Cases, simply click here.
Posted at 08:54 PM by Howard Bashman

"NY Court: FBI May Have Coerced Filmmaker." The Associated Press provides a report that begins, "An effort by the FBI and federal prosecutors to remove a short fictional film about a military takeover of New York City from the Internet may have violated the First Amendment, a federal appeals court said Friday."

My earlier coverage -- including a link to the film -- appears here.
Posted at 08:35 PM by Howard Bashman

"Courts & the Law: Figure of Speech." In next Monday's issue of CQ Weekly, columnist Kenneth Jost will have an essay that begins, "School administrators around the country are punishing students for speaking out on issues ranging from abortion and homosexuality to drug use and the war in Iraq. And the Supreme Court appears poised to side with school administrators and -- for no compelling reason -- limit a landmark 1960s precedent aimed at safeguarding pupils' free-speech rights."
Posted at 08:20 PM by Howard Bashman

"Justices to decide passenger police search case": Reuters provides this report.

And The Associated Press reports that "High Court Considers Tax Authority Case."

You can access today's U.S. Supreme Court Order List at this link.
Posted at 08:13 PM by Howard Bashman

"Mich. Schools Won't See Delay in New Law": The Associated Press provides a report that begins, "The U.S. Supreme Court on Friday rejected a bid to give three state universities more time to comply with parts of Michigan's new law banning some types of public affirmative action programs."

The Detroit News provides an update headlined "U.S. Supreme Court denies group's request for Prop 2 delay."

The Detroit Free Press provides a news update headlined "High court rejects affirmative action delay in Michigan colleges."

Greg Stohr of Bloomberg News reports that "Supreme Court Won't Delay Michigan Ban on Race-Based Admissions."

And at "SCOTUSblog," Lyle Denniston has a post titled "Michigan affirmation action plea denied."
Posted at 08:03 PM by Howard Bashman

"Supreme Court to decide case on broadcast political ads": James Vicini of Reuters provides this report.
Posted at 05:28 PM by Howard Bashman

"Campaign Finance Restrictions Draw U.S. Supreme Court Hearing": Greg Stohr of Bloomberg News provides this report.

And at his "Election Law" blog, Law Professor Rick Hasen has a post titled "Breaking News: Court to Hear Major Campaign Finance Case This Term."
Posted at 04:35 PM by Howard Bashman

And speaking of ABC News correspondent Jan Crawford Greenburg: Her brand new blog -- "Legalities" -- has launched today at the ABC News web site. You can access the first substantive post at this link.

Some may recall that I had earlier suggested the title "Jan Crawford Greenblawg," but it appears that the Sierra Club already won the race to claim the title "Greenblawg."
Posted at 04:28 PM by Howard Bashman

"Court to hear campaign ads cases, six other cases": Lyle Denniston has this post at "SCOTUSblog." Lyle's post notes that "The Court also granted review on Friday of six other cases."

And The Associated Press reports that "High Court to Hear Campaign Finance Case."
Posted at 04:12 PM by Howard Bashman

On Sunday's broadcast of the ABC News program "This Week with George Stephanopoulos": National Journal's "The Hotline" reports today that "ABC's Jan Crawford Greenburg talks about her new book on SCOTUS." The book will go on sale next Tuesday, January 23rd, and I'm looking forward to reading it. I've already heard good things about the book from one of the few people who've been allowed an advance look. I was even in the same room as a copy of the book during my trip to Washington, DC last week, but I had no luck wrestling the book away from its author.
Posted at 03:45 PM by Howard Bashman

"Brown and the Limits of Originalism": The new issue of The Harvard Law Record contains an article that begins, "Can the Court's ruling in Brown v. Board of Education be defended with an original understanding of the Constitution? Last Tuesday, students filled Pound 107 to hear Professor Michael Klarman and Judge Michael McConnell debate the question while enjoying pizza provided by the Federalist Society."
Posted at 03:25 PM by Howard Bashman

"Gonzales' Trojan Horse: FISA-approved surveillance may not be a civil-liberties coup." Patrick Radden Keefe has this jurisprudence essay online at Slate.
Posted at 02:55 PM by Howard Bashman

"Microsoft Case Lawyers Claim Violation": The Associated Press provides a report that begins, "The plaintiffs in Iowa's class-action antitrust lawsuit against Microsoft Corp. claim they have uncovered information that indicates the software company is violating its 2002 agreement with the U.S. Department of Justice."

And The Des Moines Register reports today that "Microsoft probes plaintiffs' ties to Conlin."
Posted at 02:20 PM by Howard Bashman

"New test of president's powers: Medellin case is back." Lyle Denniston has this post at "SCOTUSblog" reporting on a petition for writ of certiorari filed earlier this week.

My earlier coverage of this case, from November 2006, can be accessed here and here.
Posted at 02:14 PM by Howard Bashman

"This case arises out of the efforts of the Federal Bureau of Investigation and the United States Attorney's Office for the Southern District of New York to remove from the internet a video that they may have believed posed a danger to the public safety." So begins an opinion that the U.S. Court of Appeals for the Second Circuit issued today.

The ACLU provides additional background on the case here, here, and here.

Update: You can view the internet video in question via this link.
Posted at 12:40 PM by Howard Bashman

"A Guantanamo Detainee's Letters Home": Libby Lewis has this written report today at The report provides online access to the letters.
Posted at 11:45 AM by Howard Bashman

Pittsburgh attorney files brief in opposition to's motion to dismiss his lawsuit against that web site: You can access the brief in opposition at this link, while the appendix filed in support of the brief can be accessed here.

Also available online are the brief in support of the motion to dismiss and a related amicus brief.

Oral argument on the motion remains scheduled to occur next Tuesday.

Update: Links to the documents fixed (I hope). If the links still don't work for you, you can access the documents directly via the trial court's online docket sheet.
Posted at 09:44 AM by Howard Bashman

"All opinions should be online, lawyer argues": This article appears today in The Madison County (Ill.) Record. The article mentions last week's installment of my weekly "On Appeal" column for headlined "It's Time to Abolish 'Invisible' State Appellate Court Rulings."
Posted at 09:14 AM by Howard Bashman

"Detainee DNA may be put in database; ACLU says plan violates privacy": Richard Willing has this front page article in today's edition of USA Today.
Posted at 08:57 AM by Howard Bashman

"Sioux to Illini: Return regalia; Tribe says attire's use is degrading." The Chicago Tribune today contains an article that begins, "In a 1982 halftime ceremony at Memorial Stadium, a 93-year-old Oglala Sioux chief and medicine man presented the University of Illinois with tribal regalia for use by the university's mascot, Chief Illiniwek. The university paid $3,500 for the moccasins, blanket, peace pipe pouch, breastplate and war bonnet with 90 eagle feathers, all owned by Sioux Chief Frank Fools Crow, according to the university's archives. On Thursday, Oglala Sioux tribal members, including Fools Crow's grandson, asked for it all back."

And The Argus Leader of Sioux Falls, South Dakota reports today that "Tribal resolution decries mascot; University asked to return regalia."

Update: This blog's coverage of a related Seventh Circuit decision from June 2004 can be accessed here, here, here, and here.
Posted at 08:55 AM by Howard Bashman

"Wiretap review plan is still unclear; Bush and Gonzales say the domestic spying program is essentially unchanged except for its legal justification": Richard B. Schmitt, Greg Miller, and David G. Savage have this article today in The Los Angeles Times. The newspaper also contains an editorial entitled "The administration that cried wolf on spying: With Democrats in charge on Capitol Hill, the White House discovers it can submit wiretap requests to FISA after all."

USA Today reports today that "Senators press Gonzales on delay in getting court OK on surveillance."

The Christian Science Monitor reports that "White House backs down on wartime powers; The Bush administration is putting its disputed NSA domestic surveillance program under judicial oversight."

And The Washington Times reports that "Gonzales hit on wiretap oversight delay."
Posted at 08:50 AM by Howard Bashman

"Pentagon Revises Its Rules on Prosecution of Terrorists": This article appears today in The New York Times.

In USA Today, Joan Biskupic reports today that "Marine Corps colonel among critics of new terror trial rules."

And The Los Angeles Times reports that "Guantanamo detainees' trial rules set; The Pentagon plans to charge 60 to 80 under its guidelines, which have renewed debate on harsh treatment."

The the 238-page "Manual for Military Commissions" can be accessed here.
Posted at 08:42 AM by Howard Bashman

"Law firm boycott call raises ethical issues; Experts differ on whether defense official broke rules": Bob Egelko has this article today in The San Francisco Chronicle.

And The New York Times today contains a related editorial entitled "Apology Not Accepted."
Posted at 08:35 AM by Howard Bashman

"Jury Selection in Libby Trial Moves Slowly Because of Bias": Neil A. Lewis has this article today in The New York Times.
Posted at 08:30 AM by Howard Bashman

"Congressmen intercede for 2 reporters; The San Francisco Chronicle writers have been subpoenaed over their confidential sources in the BALCO steroids case": Today in The Los Angeles Times, Henry Weinstein has an article that begins, "The new chairman of the House Judiciary Committee and an influential Republican congressman asked Atty. Gen. Alberto R. Gonzales on Thursday to withdraw grand jury subpoenas to two San Francisco Chronicle reporters facing 18 months in federal prison for refusing to disclose their confidential sources of information about steroid use in professional sports."

And The San Francisco Chronicle reports today that "Key lawmakers urge Justice Department to rescind subpoenas of BALCO reporters."

You can also access online the "Statement of Chairman Conyers"; his letter to the Attorney General; and a "Statement from the Department of Justice."
Posted at 08:23 AM by Howard Bashman

"Jury spares trucker in smuggling deaths; Williams avoids the death penalty, is sentenced to life without parole": This article appears today in The Houston Chronicle.

The New York Times reports today that "Jury Spares Driver in Smuggling Deaths Case."

And The Los Angeles Times reports that "Driver gets life on prison in deadly human smuggling case; After a retrial, Tyrone Williams is spared the death penalty on his 36th birthday."
Posted at 08:14 AM by Howard Bashman

"Obama Left Mark on HLS; Profs fondly recall Law School alum as he launches presidential bid": The Harvard Crimson contains this article today.
Posted at 08:02 AM by Howard Bashman

"Dems put eminent domain reform on back burner": This article appears today in The Stamford (Conn.) Advocate.
Posted at 08:00 AM by Howard Bashman

"Abortion's elusive middle ground": Columnist Ellen Goodman has this op-ed today in The Boston Globe.
Posted at 07:55 AM by Howard Bashman

"Law Firms Are Urged Not to Force Retirements": This article appears today in The New York Times.
Posted at 07:42 AM by Howard Bashman

"Unfettered Debate Takes Unflattering Turn in Michigan Supreme Court": Adam Liptak has this article today in The New York Times.
Posted at 07:35 AM by Howard Bashman

"Surging and Purging": Today in The New York Times, columnist Paul Krugman has an op-ed (TimesSelect temporary pass-through link) that begins, "There's something happening here, and what it is seems completely clear: the Bush administration is trying to protect itself by purging independent-minded prosecutors."

In related news coverage, The Washington Post today contains an article headlined "Prosecutor Firings Not Political, Gonzales Says; Attorney General Acknowledges, Defends Actions."

And in The San Francisco Chronicle, Bob Egelko reports that "U.S. attorney was forced out, Feinstein says."
Posted at 07:32 AM by Howard Bashman

"Why Both Cully Stimson - Who Suggested a Boycott of Firms Representing Detainees Pro Bono - and Some of His Critics Are Off-Base": Vikram David Amar has this essay online today at FindLaw.
Posted at 06:44 AM by Howard Bashman

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