How Appealing

Tuesday, February 17, 2009

"Judge denies Kent's request on obstruction charge": Mary Flood of The Houston Chronicle has a news update that begins, "U.S. District Judge Samuel Kent on Tuesday failed to get his obstruction of justice charge either dismissed or pulled out into a separate trial. Kent had asked Senior U.S. District Judge Roger Vinson of Florida, who is presiding in the case, to drop the charge that Kent lied to a judicial panel investigating a complaint that Kent abused a female employee. Vinson refused. Kent is still scheduled to be tried starting Monday on six felony charges -- five felony charges of sexual abuse of female employees and one charge of obstructing justice."
Posted at 11:12 PM by Howard Bashman


"Obama's War on Terror May Resemble Bush's in Some Areas": Charlie Savage will have this article Wednesday in The New York Times.
Posted at 11:04 PM by Howard Bashman


Available online from law.com: Tony Mauro reports that "Judge Conflict Case Tests High Court Veteran."

And in other news, "2nd Circuit Upholds NYC Law Requiring Restaurant Chains to Display Calorie Counts; Federal appeals court in New York is thought to be the highest court yet to hear a challenge to a municipality's calorie-posting rules."
Posted at 11:00 PM by Howard Bashman



"Md. Death Penalty No Easy Target; Public Opinion, Legislative History Against O'Malley": Wednesday's edition of The Washington Post will contain an article that begins, "As he asks lawmakers today to support his bill to repeal Maryland's death penalty, Gov. Martin O'Malley (D) will be heading down a road rife with political pitfalls with no clear path toward success."
Posted at 10:57 PM by Howard Bashman


"Appeals court upholds NYC's calories-on-menus rule": The Associated Press provides this report.
Posted at 02:14 PM by Howard Bashman


Second Circuit rejects arguments that New York City regulations requiring certain restaurants to post calorie content information on their menus are preempted by federal law or in violation of the restaurants' First Amendment rights: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Today's ruling thus affirms a federal district court's decision that had refused to issue a preliminary injunction prohibiting enforcement of the regulations at issue.
Posted at 10:45 AM by Howard Bashman



"9th Circuit orders rehearing on status of Wal-Mart sex-bias lawsuit": This article appears today in The Arkansas Democrat-Gazette.

My earlier coverage of last Friday's Ninth Circuit order granting rehearing en banc appears here and here.
Posted at 09:28 AM by Howard Bashman



"In 1800s, a rights icon on the bench": Today in The Boston Globe, Washington bureau chief Peter S. Canellos has this essay about U.S. Supreme Court Justice John Marshall Harlan.
Posted at 09:22 AM by Howard Bashman


"Utah artist feels impact of high court decision": Online at the First Amendment Center, David L. Hudson Jr. has an essay that begins, "As predicted by some legal experts, last month's Supreme Court ruling in a search-and-seizure case is already having an impact on First Amendment law. The high court changed the equation for application of the qualified-immunity doctrine, which provides that government officials are not liable for constitutional violations unless they violate clearly established constitutional or statutory law."
Posted at 09:15 AM by Howard Bashman


"Law School hosts Internet speech conference": Yesterday's issue of The Yale Daily News contained an article that begins, "A case pitting Connecticut public school administrators against a high school student's personal blog took center stage at a Yale Law School conference on free speech over the weekend."
Posted at 09:10 AM by Howard Bashman


"A nasty privilege, reasserted": The Boston Globe today contains an editorial that begins, "The Obama administration parroted the Bush administration last week in asserting a state-secrets privilege in a civil suit involving so-called 'extraordinary rendition' and the torture of terrorist suspects. The move was a grave mistake."
Posted at 09:07 AM by Howard Bashman


"Senators Seek Ethics Findings; Investigation Focuses on Opinions Issued in Bush Administration on Torture": This article appears today in The Washington Post.
Posted at 08:40 AM by Howard Bashman


"Texas lawmaker moves to impeach appeals judge": The Associated Press has a report that begins, "A Texas lawmaker is trying to impeach a high-court judge who refused to keep court offices open after regular business hours to allow the filing of a late appeal in a death penalty case. The inmate was executed later that night. Rep. Lon Burnam filed a resolution Monday seeking to start the process against Court of Criminal Appeals Judge Sharon Keller."

And The Fort Worth Star-Telegram reports today that "Fort Worth lawmaker seeks impeachment of appeals court presiding judge."
Posted at 08:23 AM by Howard Bashman



"Huey Elected Head of Harvard Law Review": The Harvard Crimson today contains an article that begins, "The Harvard Law Review, one of the nation's most prestigious legal journals, elected second-year law student Joanna N. Huey '06 as its 123rd president earlier this month."

And last Thursday, Harvard Law School issued a news release titled "Huey elected president of the Harvard Law Review."
Posted at 08:17 AM by Howard Bashman



"Investigate Bush? U.S. has bigger woes to worry about; Wide-open probe would distract nation from more urgent matters." Today's edition of USA Today contains this editorial.

In response to that editorial, the newspaper also contains an op-ed by U.S. Representative John Conyers, Jr. (D-MI), chairman of the House Judiciary Committee.

And today in The Washington Post, David B. Rivkin Jr. and Lee A. Casey have an op-ed entitled "A Truth Commission? The Danger in Democrats' Rush to Investigate."
Posted at 08:00 AM by Howard Bashman



"Bay State's top jurist says courts are in crisis; SJC's Marshall warns of 'painful choices'": The Boston Globe contains this article today.
Posted at 07:55 AM by Howard Bashman


"Kansan's discharge heightens debate on 'don't ask, don't tell' policy": This article appeared yesterday in The Kansas City Star.
Posted at 07:50 AM by Howard Bashman


"At the Supreme Court, a case with the feel of a best seller; Like a Grisham novel, W.Va. dispute examines conduct of elected judges": Joan Biskupic has this front page article today in USA Today.
Posted at 07:48 AM by Howard Bashman


"Valdez tax case winds up before US Supreme Court; Shipping company says tariff is unconstitutional": This article appears today in The Anchorage Daily News.
Posted at 07:45 AM by Howard Bashman


"Obama seeks delay in deciding on Rove subpoena": Marisa Taylor and Margaret Talev of McClatchy Newspapers have an article that begins, "The Obama administration is asking for two more weeks to weigh in on whether former Bush White House officials must testify before Congress about the firings of nine U.S. attorneys."
Posted at 07:44 AM by Howard Bashman






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