How Appealing



Wednesday, April 5, 2006

The U.S. Court of Appeals for the Seventh Circuit is scheduled to hear oral argument tomorrow in Winkler v. Rumsfeld: According to a press release that the ACLU issued today, the case presents the question whether “the basic constitutional principle of government neutrality between religious groups and secular groups bar[s] the Pentagon from the extraordinary spending of millions of dollars to support future Boy Scout Jamborees.” The briefs and appendices filed in the Seventh Circuit can be accessed via this link.

Posted at 8:57 PM by Howard Bashman



“Dog ‘custody’ worthy of Solomon; Divorcing couple awarded joint sharing of poodle care”: This article appears today in The Memphis Commercial Appeal.

Posted at 5:35 PM by Howard Bashman



“Peterson’s mom files $35K claim; She wants Laci’s estate to reimburse her for mortgage, other payments”: This article appears today in The Modesto Bee.

Posted at 3:48 PM by Howard Bashman



“Pro-Life Nation: What happens when you completely criminalize abortion? Over the last eight years, El Salvador has found out.” Jack Hitt will have this article (TimesSelect subscription required) in the April 9, 2006 issue of The New York Times Sunday Magazine.

Posted at 3:35 PM by Howard Bashman



“How Blogs are Transforming Legal Scholarship”: This post appears today at the blog “John Palfrey: From the Berkman Center at Harvard Law School.”

Posted at 3:15 PM by Howard Bashman



“We Deserve Better Than Roe: The National Center for Men fires blanks but hits on something.” Kathryn Jean Lopez has this essay today at National Review Online.

Posted at 2:50 PM by Howard Bashman



“Breaking News: Ninth Circuit Denies Order in Monterey Case; Stays Briefing Pending Resolution of Padilla En Banc Order.” Law Professor Rick Hasen has this post at his “Election Law” blog.

Posted at 2:48 PM by Howard Bashman



“Prison won’t be ‘Club Fed’; Wittig, Lake may serve time at facilities where inmates work for cents”: This article appears today in The Topeka Capital-Journal.

Posted at 2:33 PM by Howard Bashman



“Group wants probe into woman’s death”: The Wichita Eagle today contains an article that begins, “Abortion opponents on Friday plan to present a petition calling for a grand jury to be convened in the death last year of a woman with Down syndrome after she received an abortion in Wichita.”

And The Associated Press reports that “Abortion Foes Seek Kan. Grand Jury.”

Posted at 2:30 PM by Howard Bashman



“We hold that CAFA did not shift to the plaintiff the burden of establishing that there is no removal jurisdiction in federal court and that Dow did not meet its burden…. We save for a later day detailed consideration of CAFA’s muddled ‘mass action’ provisions.” Late yesterday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued in typescript this per curiam ruling addressing provisions of the Class Action Fairness Act of 2005.

Posted at 12:28 PM by Howard Bashman



“Court takes up pay raise debate; ‘People are paying attention’ to how Pa.’s justices will rule; They heard arguments yesterday”: The Philadelphia Inquirer contains this article today.

The Harrisburg Patriot-News reports today that “Pay raise faces the ‘integrity test.’

And The Pittsburgh Tribune-Review today contains an article headlined “$21,000 conflict facing judges.”

Meanwhile, in commentary, The Pocono Record contains an editorial entitled “Sever judicial and legislative pay raises.”

Posted at 11:48 AM by Howard Bashman



“Gay man sees big changes since ’72 lawsuit”: The Seattle Times yesterday contained an article that begins, “It’s been more than three decades since Paul Barwick and John Singer walked into the King County auditor’s office and, amid the glare of news cameras, requested — and were refused — a marriage license.”

Posted at 10:34 AM by Howard Bashman



“Giving it to the Federal Circuit: Why stop at immigration cases?” This is the provisional title and topic of next Monday’s installment of my weekly “On Appeal” column for law.com. Any readers who’d like to suggest additional categories of cases that the regional federal appellate courts ought to get rid of, which could then be assigned exclusively to the U.S. Court of Appeals for the Federal Circuit, please feel free to send me an email.

It remains to be seen whether cases in which the Ninth Circuit is destined to be reversed 9-0, or cases in which the Ninth Circuit is called on to declare the Pledge of Allegiance or National Motto unconstitutional, will be included among my recommended categories of cases that should be assigned to the Federal Circuit.

Posted at 9:14 AM by Howard Bashman



“Senate clears Jerseyan for seat on appeals court”: The Newark Star-Ledger today contains an article that begins, “The U.S. Senate unanimously confirmed New Jersey attorney Michael Chagares to the 3rd U.S. Circuit Court of Appeals yesterday, filling the vacancy left when Michael Chertoff left the bench to head the Department of Homeland Security.”

Posted at 8:24 AM by Howard Bashman



“At the Enron Trial, Skilling Then vs. Skilling Now”: This article appears today in The New York Times.

The Washington Post reports today that “Key Defense Lawyer in Enron Trial Awaits More Surgery; 2 Texas Attorneys Take Reins as Lay’s Lead Counsel Is Hospitalized for Heart Blockage.”

And The Houston Chronicle contains articles headlined “Defense witnesses rebut earlier stories; Former exec says Fastow sought special treatment for side company“; “Before testifying, prep is key; Skilling, like Fastow before him, has spent months working to come across as credible“; and “Ailment sidelines Lay’s lead attorney; Defendant confident his legal team can cover for Ramsey.”

Posted at 8:15 AM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has an article headlined “Federal appeals court takes up gay marriage” that begins, “A federal appeals court heard a challenge by two Orange County men Tuesday to a law denying federal marriage benefits for same-sex couples, but questioned whether the case belonged in court — a suggestion welcomed by gay rights groups, which want to derail the suit and focus on overturning California’s marriage law. The hearing by the Ninth U.S. Circuit Court of Appeals was the first by any appellate court on the constitutionality of the Defense of Marriage Act.”

And also in today’s newspaper, he has an article headlined “Suit challenging ‘don’t ask’ dismissed for lack of names.” My earlier coverage is here.

Posted at 7:44 AM by Howard Bashman



“Blockbuster.com Is Sued by Netflix; The online movie-rental pioneer, citing patent infringement, asks a court to shut its newer rival and order damages”: This article appears today in The Los Angeles Times.

Posted at 7:38 AM by Howard Bashman



“One Verdict Decided, 9/11 Jury Faces Second”: Neil A. Lewis has this article today in The New York Times.

The Washington Post today contains an article headlined “Martyrdom for Moussaoui? Conspirator’s Aim Unclear, but Death Could Have Wide Impact.”

The Los Angeles Times reports that “Jurors Will Relive 9/11 in Life-or-Death Case; Family members and victims will testify about their loss; Lawyers for Zacarias Moussaoui plan to paint a picture of a mentally ill man.”

And The Richmond Times-Dispatch reports that “Moussaoui lawyers face hard fight.”

Posted at 7:35 AM by Howard Bashman