How Appealing

Monday, March 12, 2007

"Feds, AT&T Urge Against Wiretap Trial": The Associated Press provides a report that begins, "The federal government is urging an appeals court to dismiss a lawsuit challenging President Bush's domestic eavesdropping program, warning that disclosure of such activities could compromise national security."
Posted at 11:14 PM by Howard Bashman


"U.S. Relieves Judge of Duties in Courtroom": The New York Times on Tuesday will contain an article that begins, "An immigration judge in New York who has been repeatedly rebuked by federal appeals judges for his hostile questioning of asylum-seekers was relieved of courtroom duties yesterday and reassigned to a desk job, lawyers and a union official said."
Posted at 11:00 PM by Howard Bashman


"Gitmo Hearings Held for 9/11 Masterminds": The Associated Press provides this report.

And Reuters reports that "September 11 suspect gets Guantanamo hearing."
Posted at 10:14 PM by Howard Bashman



"Court Hears Case Against Red-Light Cameras": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:27 PM by Howard Bashman


So much for professional courtesy: CNN.com provides a video segment headlined "Shark rips flesh from surfing lawyer's arm."

Stuart News reports today that "Shark attacks surfer off coast of Hutchinson Island" and provides an update headlined "Surfer attacked by shark off Martin beach recovering at home."

And The Palm Beach Post reports that "Palm Beach County prosecutor bitten by shark."
Posted at 06:30 PM by Howard Bashman



"Justices press Minneapolis on 'photo cop' system": The St. Paul Pioneer Press provides a news update that begins, "State Supreme Court justices grilled a Minneapolis city attorney today about the city's 'photo cop' system, challenging her to defend her argument that it does not conflict with state law."
Posted at 06:00 PM by Howard Bashman


Available online at SSRN: Law Professor Laurence Claus has an article titled "The One Court that Congress Cannot Take Away: Singularity, Supremacy, and Article III" (abstract with links for download). The article's abstract begins, "This article makes a constitutional case against the jurisdiction-stripping provisions of the Military Commissions Act of 2006, including a new analysis of what the suspension clause tells us about the proper interpretation of Congress's power to make Exceptions to the Supreme Court's appellate jurisdiction." (Via "Legal Theory Blog.")

And Law Professor Philip Pucillo has an article titled "Jurisdictional Prerequisites, Nonjurisdictional Processing Rules, and Federal Appellate Practice: The Implications of Kontrick and Eberhart" (abstract with links for download).
Posted at 05:50 PM by Howard Bashman



"There is at least one thing upon which the majority and I can agree: The circuits are split as to whether stigmatizing allegations can deprive a former government employee of a constitutional liberty interest before the allegations are disseminated to prospective employers or others." So writes Circuit Judge J. Harvie Wilkinson III dissenting from the ruling that a divided-three judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 05:30 PM by Howard Bashman


"The Second Amendment is Back, Baby!: Parker v. District of Columbia." Law Professor Jack M. Balkin has this post today at "Balkinization."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Will the Supreme Court Take Parker?"
Posted at 05:15 PM by Howard Bashman



"9th Circuit Forgoes Opportunity to Wreak Havoc on Federal Habeas Law": Today's installment of my weekly "On Appeal" column for law.com can be accessed here. The column begins, "The 9th U.S. Circuit Court of Appeals last week issued its long-awaited decision in Irons v. Carey, a case in which that court had asked the parties to brief whether congressional limitations on a federal court's ability to grant habeas relief to a state prisoner are constitutional."
Posted at 01:05 PM by Howard Bashman


"We hold that the Forest Service's approval of the Snowbowl's use of recycled sewage effluent to make artificial snow on the San Francisco Peaks violates RFRA": A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision today. RFRA, of course, is the acronym for the Religious Freedom Restoration Act.

Today's opinion begins:

The San Francisco Peaks in the Coconino National Forest in northern Arizona have long-standing religious significance to numerous Indian tribes of the American Southwest. The Arizona Snowbowl is a ski area on Humphrey's Peak, the highest and most religiously significant of the San Francisco Peaks. After preparing an Environmental Impact Statement, the United States Forest Service approved a proposed expansion of the Snowbowl's facilities. One component of the expansion would enable the Snowbowl to make artificial snow from recycled sewage effluent.
Circuit Judge William A. Fletcher wrote the opinion of the court.

My earlier coverage of this case appears at this link.
Posted at 01:00 PM by Howard Bashman



"Court Upholds Prison for Egypt Blogger": The Associated Press provides this report.
Posted at 12:40 PM by Howard Bashman


"Conservative Win: Second Amendment victory in D.C." Peter Ferrara has this essay today at National Review Online.

And that web site is also hosting an online symposium entitled "Rearming: The D.C. gun ban gets overruled."
Posted at 10:38 AM by Howard Bashman



"To Life, to Life! Or Fry 'Em? Even sex offenders can be punished too severely." Jacob Sullum has this essay online at Reason.
Posted at 10:33 AM by Howard Bashman


"Alberto Gonzales must go: The U.S. attorney general's willingness to serve as the president's ultimate yes man makes him unqualified for the office." Today at Salon.com, Joe Conason has this essay.

Meanwhile, on Friday, Salon published an essay by Law Professor Garrett Epps entitled "Why we should make attorney general an elective office: Like Watergate, the unfolding U.S. attorneys scandal proves that it's dangerous for the nation's chief law enforcement officer to be an appointed crony of the president."
Posted at 10:23 AM by Howard Bashman



In today's issue of Legal Times: The newspaper contains articles headlined "U.S. Attorney Scandal: The One That Got Away; The Justice Department never seemed to get its act together as events overtook it. How much damage has been done?" and "Sizing Up the Libby Defense Strategy: Did the grand jury testimony of the now-convicted administration official doom things from the start?"

In addition, Timothy J. Dowling has an essay entitled "Amar for Justice: Why Yale Law Professor Akhil Amar Belongs on the Supreme Court."

Andrew B. Coan has an essay entitled "ISO Former Footing? Justices Should Step Back From the Narrow Dispute and Bolster Article III Standing."

And Stuart Streichler has an essay entitled "The Worst Decision Ever? Dred Scott lost in the Supreme Court, but he blazed a legal path that others would follow."
Posted at 10:20 AM by Howard Bashman



"Senators oppose moving detainees; S.C. lawmakers criticize proposal to ship Guantanamo inmates to state": The State newspaper from Columbia, South Carolina yesterday contained an article that begins, "Sens. Lindsey Graham and Jim DeMint reacted with outrage Friday to key Democratic lawmakers’ proposals to ship accused terrorist detainees to South Carolina from the U.S. military prison at Guantanamo Bay, Cuba."
Posted at 08:32 AM by Howard Bashman


"Conservatives balk over Giuliani's judges; His picks as New York mayor raise doubts over whether he'd put 'strict constructionists' on the high court": This article appears today in The Los Angeles Times.
Posted at 08:17 AM by Howard Bashman


"Hike in Boalt Hall fees urged; In an unusual move, Berkeley's law school dean seeks greater support from the state and students in return for a better education": The Los Angeles Times contains this article today.
Posted at 08:11 AM by Howard Bashman


"Justice Sosman of the SJC dies at 56; Opposed legalizing same-sex marriage": This article appears today in The Boston Globe.
Posted at 08:00 AM by Howard Bashman


"White House says Rove relayed complaints about prosecutors": McClatchy Newspapers provide this report.

The Washington Post reports today that "Justice Official 'Horrified' Phone Call Was Seen as Threat."

The New York Times reports that "Gonzales Should Quit, Senator Says." In addition, columnist Paul Krugman has an op-ed entitled "Overblown Personnel Matters" (TimesSelect pass-through link).

The Los Angeles Times reports that "Gonzales is urged to quit 'for the nation'; Sen. Charles Schumer says the attorney general has politicized the Justice Department."

The Wall Street Journal contains an editorial entitled "Meltdown at Justice: Incompetence is compromising presidential power" (free access).

And at FindLaw, Carl Tobias has an essay entitled "Deconstructing the Dispute over the Politicization of U.S. Attorney Firings: The News Stories, the Testimony, and What Should Happen Next."
Posted at 07:55 AM by Howard Bashman



"A Victory for Self-Defense: In the D.C. Gun Law Case, a Chance to Affirm the Second Amendment." Robert A. Levy has this op-ed today in The Washington Post.
Posted at 07:50 AM by Howard Bashman


"Sandra Day O'Connor, the former Supreme Court justice, will be on hand to make sure no one forgets that the Jamestown expedition helped give birth to the United States and its principles of representative democracy and free enterprise." So reports The Washington Post today in a front page article headlined "Big Names, Big Bucks For Jamestown's Big 400."
Posted at 07:48 AM by Howard Bashman


"The Perfect Lawn, Mowed and Muted": The New York Times today contains an editorial that begins, "A court battle over the right to demonstrate on Central Park's Great Lawn has underscored an astounding fact. In the heart of the nation’s largest and arguably most opinionated city, there is no place to hold a large rally."
Posted at 07:40 AM by Howard Bashman


"Facing Fraud Trial, Conrad Black Flouts the Rules": This article appears today in The New York Times.

And The Los Angeles Times reports today that "Trial of former media tycoon Black to begin; Prosecutors say that the former chairman and others illegally pocketed Hollinger funds."
Posted at 07:35 AM by Howard Bashman



"Gonzales Said To Stonewall a GOP Query; Probe of Leaks Are at Center of Inquiries From the Right": Josh Gerstein has this article today in The New York Sun.
Posted at 07:30 AM by Howard Bashman


"Lawmakers consider lessening crack penalties; Federal guidelines require heavier sentences than for powder cocaine": This article appears today in USA Today.
Posted at 06:47 AM by Howard Bashman






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