How Appealing



Saturday, January 28, 2006

“Susan Bieke Neilson: She had a passion for justice.” The Detroit Free Press today contains an obituary that begins, “Described by her colleagues as a highly respected and dedicated jurist, Judge Susan Bieke Neilson died this week, just three months after being confirmed to the U.S. 6th Circuit Court of Appeals following a lengthy political battle.”

And yesterday, The Kalamazoo Gazette reported that “Judge kept spirits up despite setbacks.”

Posted at 8:55 PM by Howard Bashman



In news from Michigan: The Associated Press provides a report headlined “Court equates downloading child porn to creating it” that begins, “A Muskegon-area man who is accused of downloading Internet photos of child sex onto compact discs can be charged with making or manufacturing child pornography, the Michigan Court of Appeals has ruled. The court released an opinion Wednesday upholding the Muskegon County prosecutor’s decision to charge former Egelston Township Treasurer Brian Lee Hill with making child porn, a 20-year felony. Hill had argued the proper charge should have been possessing child porn, a four-year felony.”

And The Muskegon Chronicle reported on Thursday that “Court makes child pornography downloads a 20-year felony.”

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

Relatedly, Slashdot provides a discussion thread entitled “Court Rules Burning Porn = Making Porn.”

Posted at 8:45 PM by Howard Bashman



“Leahy Introduces Judicial Ethics Bill; Bill Promotes Transparency On Conflicts Of Interest And So-Called ‘Judicial Junkets'”: U.S. Senator Patrick J. Leahy (D-VT) issued this press release yesterday. The release contains the text of the proposed legislation, which appears to implement some suggestions that I made in my September 2002 monthly appellate column, titled “Privately-Sponsored Educational Junkets For Federal Judges — Should They Be A Cause For Concern?

Posted at 8:15 PM by Howard Bashman



“The Lessons of Alito: It’s important to remember one thing: quality matters.” The February 6, 2006 issue of The Weekly Standard will contain this editorial.

Posted at 8:00 PM by Howard Bashman



“Ruling puts 2 candidates back on ballot; Technical flaws in filing overturned in Court of Criminal Appeals race”: The Dallas Morning News today contains an article that begins, “The Texas Supreme Court converted a one-horse contest for the state’s highest criminal court into a three-way derby Friday, restoring two candidates to the ballot.”

The Austin American-Statesman reports today that “Keel opponents win in court; Ruling gives both candidates chance to regain spot in March primary.”

And The Fort Worth Star-Telegram reports that “Texas Supreme Court puts pair back on GOP primary ballot.”

You can access yesterday’s rulings of the Supreme Court of Texas online (first case: majority opinion; dissenting opinion) (second case: majority opinion; dissenting opinion).

Thanks to Rick Hasen for the pointer.

Posted at 7:40 PM by Howard Bashman



“The First Amendment protects posting about principal, ACLU claims”: The Pittsburgh Post-Gazette today contains an article that begins, “A high school senior from Hermitage who was suspended and moved to an Alternative Education Program for creating an online parody of his principal has filed a federal lawsuit against the district.”

And The Pittsburgh Tribune-Review reports today that “ACLU backs teen.”

More information about the case is available via this link.

Posted at 3:35 PM by Howard Bashman



“Ten Commandments law predicted; House speaker says OK is likely”: This article appears today in The Atlanta Journal-Constitution.

And in quite tragic news, the former next-door neighbor of Michael Newdow has been charged in Charlotte, North Carolina with stabbing his twin 5-year-old daughters to death. In earlier coverage, The Sacramento Bee reported that “Twins fatally stabbed; father charged; The N.C. family formerly had lived in Sacramento.” And today, The Charlotte Observer reports that “Death penalty foe joins Crespi defense; Judge appointing 2nd lawyer to represent father of slain twins.”

Posted at 3:20 PM by Howard Bashman



“Enron Executives Prepare for Trial”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Weekend Edition – Saturday.”

Meanwhile, in today’s edition of The Houston Chronicle, Mary Flood reports that “Skilling loses four charges; 31 remain.” The newspaper today also contains articles headlined “Tilted E went from letter-perfect logo to infamous symbol of energy excess; The vainglorious vowel gained value after the firm’s fall” and “Houston isn’t on trial this time around, groups say; Unlike some big media events in past, it’s a tale of two men, and not the city itself.” And the newspaper yesterday launched a blog titled “Enron: Legal Commentary; Lay-Skilling trial analysis from Houston-area attorneys.”

Posted at 2:25 PM by Howard Bashman



“Democrats Split on Filibuster to Protest Alito Confirmation”: The Los Angeles Times contains this article today. In addition, Jonathan Zimmerman has an op-ed entitled “Alito’s mythical feel-good America; Alito’s feel-good vision of America before hippies and protests simply isn’t true.”

The Washington Post reports today that “Kerry Defends Senate Filibuster on Alito as ‘a Vote of History.’

The Boston Globe contains an article headlined “An uphill battle for filibuster votes; Kennedy, Kerry push a last-ditch effort against Alito.”

In The Pittsburgh Post-Gazette, Michael McGough reports that “Kerry makes Senate pitch for filibuster against Alito; But fellow Democrats show little inclination to follow him.”

The Newark (N.J.) Star-Ledger reports that “They want to go down swinging on Alito; Several Democrats seeking a filibuster that is almost certain to fail.”

The Indianapolis Star reports that “Bayh silent after meeting with nominee.”

The Providence (R.I.) Journal contains an article headlined “Chafee: Filibuster of Alito doomed; The senator has not said whether he will vote to confirm the Supreme Court nominee, but says he will vote to break any stall tactic by Democrats.”

The Arkansas Democrat-Gazette contains an article headlined “Will vote no on Alito, filibuster, Pryor says.”

The Arkansas News Bureau reports that “Pryor to vote ‘no’ on Alito.”

Newsday reports that “Clinton to support filibuster; Says she’ll join Sen. Kerry in blocking Alito’s nomination, putting her at odds with top Democrats.”

The New York Daily News reports that “Hil’s for filibuster; Takes rebel stand to oppose Alito OK for Supremes.”

The Louisville Courier-Journal reports that “Kennedy postpones Louisville speech to fight Alito vote.”

The Quad-City Times of Davenport, Iowa contains articles headlined “Harkin, Obama: Alito filibuster is unlikely” and “Obama: Votes aren’t there for Alito filibuster.”

The Times-Republican of Marshalltown, Iowa reports that “Grassley says Alito looks to be voted in.”

And The Wilmington (Del.) News Journal reports that “GOP’s anti-Biden billboards rejected; Clear Channel says ads would violate negative attack policy.”

Posted at 10:00 AM by Howard Bashman



“U.S. attorney hunt stalls; White House pick for Colo. post isn’t on Allard’s short list”: This article appears today in The Rocky Mountain News.

Posted at 9:57 AM by Howard Bashman



“Court Lifts Ban on Kansas Underage Sex Law”: The Associated Press provides a report that begins, “A federal appeals court lifted a ban on a Kansas law that required health care providers to report consensual underage sex to authorities. The 10th U.S. Circuit Court of Appeals on Friday reversed the finding of a lower court, ruling that Kansas has a legitimate interest in information about the voluntary sexual conduct of children that overrides the minors’ right to privacy.”

Posted at 9:54 AM by Howard Bashman



“In court, security is literally shocking; Stun belts are replacing shackles”: This article appears today in The Kansas City Star.

Posted at 9:52 AM by Howard Bashman



“Judicial Exposure”: In tomorrow’s issue of The New York Times, Law Professor Jeffrey Rosen will have an interesting essay in the Sunday Book Review in which he writes, “Defenders of the new judicial openness say that the more the public knows about judges’ political views and personal habits, the better informed we will be about the basis for their decisions. But it remains to be seen whether judges, by revealing too much about themselves in books and blogs, will squander the sense of impersonal respect on which their legitimacy depends.”

Posted at 9:50 AM by Howard Bashman



“With O’Connor Retirement and a New Chief Justice Comes an Awareness of Change”: Linda Greenhouse has this article today in The New York Times.

Posted at 9:44 AM by Howard Bashman