How Appealing

Sunday, April 30, 2006

In news from Kansas: The Associated Press provides a report headlined "Hensley knew of court contact with Morris early" that begins, "The Senate's top Democrat acknowledged Saturday that he knew several weeks before other legislators that Senate President Steve Morris had contact with a Supreme Court justice on school finance issues."

And The Topeka Capital-Journal today contains an article headlined "'Good guy' mired in scandal; Senator trusting, not fiery," along with editorials entitled "Supreme Court Controversy -- Have patience; Doug Mays was wise to postpone an investigation until after adjournment" and "Controversial Lunch -- It looks bad."
Posted at 11:00 PM by Howard Bashman



"Blogging the Harvard Bloggership Conference": Ian Best of the blog "3L Epiphany" has assembled what appears to be a comprehensive collection of posts appearing on other blogs about this past Friday's "Bloggership" conference at Harvard.
Posted at 10:55 PM by Howard Bashman


Tomorrow is the big day: As noted in this press release, "Thomas C. Goldstein, a leading Supreme Court practitioner, will join Akin Gump Strauss Hauer & Feld LLP as a partner in Washington effective May 1."
Posted at 10:50 PM by Howard Bashman


In commentary from today's edition of The Hartford Courant: Connecticut Governor M. Jodi Rell has an op-ed entitled "It's Time To Let A Little More Light Shine On Courts."

Daniel J. Klau has an op-ed entitled "Tragic Justice: Top Judge's Ploy Scuttled Nomination And Sullied Court."

And Wesley W. Horton has an op-ed entitled "State's Top Justice Can't Pack Court."
Posted at 10:44 PM by Howard Bashman



"AG offers insights into job": Yesterday's edition of The Rutland Herald contained an article that begins, "Vermont Attorney General William Sorrell said when he argued a case recently before the nation's highest court he went prepared, armed with words of advice from colleagues and friends." The article even offers advice on how to deal with an antagonistic Justice Antonin Scalia at oral argument.
Posted at 10:40 PM by Howard Bashman


"Remaking cities: What price? Most Norwood owners well-paid; many glad to be out." The Cincinnati Enquirer today contains a series of articles on the subject of eminent domain, and those articles can be accessed via this link.
Posted at 10:32 PM by Howard Bashman


The Miami Herald is reporting: Today's newspaper contains articles headlined "Salon on cutting edge of eminent domain; An eminent domain case in Hollywood could have statewide implications for the government's ability to force private landowners to sell their property" and "Property-seizure rules could be tightened; Redevelopment in cities might be at a crossroads as Florida legislators debate whether to strip community redevelopment agencies of the ability to take private property and give to a developer."
Posted at 10:30 PM by Howard Bashman


"Top court to rule whether hosts are liable for drunk driving of party guest": Canadian Press provides this report.
Posted at 10:24 PM by Howard Bashman


"George calls death penalty 'dysfunctional'": David Kravets of The Associated Press provides a report that begins, "The chief justice of the California Supreme Court said the state's death penalty has become 'dysfunctional' and blamed lawmakers for looking the other way as 650 condemned inmates idle on death row."
Posted at 10:22 PM by Howard Bashman


"Cries to change patent law; Congress resumes hearings; Supreme Court considers three appeals": This article appears today in The Baltimore Sun.
Posted at 10:12 PM by Howard Bashman


New York State appellate court rules "Don't have a cow, man!" The Buffalo News today contains an article headlined "Ruling bans cows, goat from family's home." My earlier extensive coverage of this case appears at this link.
Posted at 09:14 PM by Howard Bashman


"All eyes are on Mount Laurel eminent domain suit; Developer takes his case of alleged abuse to state Supreme Court tomorrow": This article appears today in The Newark (N.J.) Star-Ledger.
Posted at 09:05 PM by Howard Bashman


"Breyer discusses Supreme Court's role, rulings during appearance at Princeton": The Associated Press provides a report that begins, "The role of the nation's top court is often misunderstood, U.S. Supreme Court Justice Stephen Breyer said Sunday during an appearance at Princeton University." Earlier, Princeton University previewed today's event at this link.
Posted at 09:00 PM by Howard Bashman


"At Enron trial, jury sees a testy Ken Lay; The executive's bumpy testimony, which continues Monday, may have harmed his defense, analysts say": This article will appear Monday in The Christian Science Monitor.
Posted at 08:35 PM by Howard Bashman


The Chicago Tribune is reporting: Today's newspaper contains an article headlined "Courtroom camera bill stirs debate" that begins, "As far as opinions go, Justice David Souter has made it clear what he thinks of TV cameras in Supreme Court hearings. 'I think the case is so strong,' Souter told a House subcommittee in 1996, 'that I can tell you the day you see a camera come into our courtroom it's going to roll over my dead body.' But now a bill sponsored by Sen. Arlen Specter (R-Pa.) and approved by the Senate Judiciary Committee he leads would force the Supreme Court to let cameras into its hallowed halls, one of the few public spaces in Washington, along with other federal courts, where cameras are banned."

And in other news, "Bush team imposes thick veil of secrecy."
Posted at 01:50 PM by Howard Bashman



In today's edition of The Los Angeles Times: The newspaper contains an article headlined "A Dilemma for the Defenders; Ordered to represent Guantanamo prisoners who repudiate them, military lawyers face a quandary that tests their highest obligations."

In other news, "Porn Shoots Get Under Their Skin; Encino neighbors may object to the filming, but there's little recourse if city permits are in place."

An editorial entitled "'American Justices'?" begins, "Arlen Specter, who as Chairman of the Senate Judiciary Committee prides himself on grilling Supreme Court nominees, is now picking a fight with justices already on the bench. The Pennsylvania Republican is championing legislation to televise oral arguments before the court despite complaints by two justices that cameras would change the proceedings for the worse."

And David Wise has an op-ed entitled "Read the news, go to jail; Most Americans possess classified information, whether they know it or not."
Posted at 01:45 PM by Howard Bashman



"Homicide Case Against Boy Rouses Punishment Debate": The Washington Post contains this article today.
Posted at 11:14 AM by Howard Bashman


"Bracing for the sniper trial; Muhammad to face court tomorrow in 6 Montgomery killings": This article appears today in The Baltimore Sun.

And The Washington Post today contains a front page article headlined "At Last, Sister of Sniper Victim Gets Her Day in Court; Muhammad Goes on Trial Tomorrow in Montgomery."
Posted at 11:12 AM by Howard Bashman



"The Little Guy": In today's issue of The New York Times Magazine, William Safire's "On Language" column begins, "A New York Times editorial a few months ago denounced the nomination of Samuel Alito to the Supreme Court, charging he had 'a history of tilting the scales of justice against the little guy.'"
Posted at 11:00 AM by Howard Bashman


"Enron On Trial": Friday's broadcast of the public radio program "On Point" included a lengthy segment (available in both RealPlayer and Windows Media Player formats) featuring, among others, Mary Flood of The Houston Chronicle and Law Professor John C. Coffee.
Posted at 10:48 AM by Howard Bashman


"Moussaoui Sentencing Put Off for Weekend": This segment (RealPlayer required) appeared on Friday's broadcast of NPR's "All Things Considered."

The brand new installment of my "On Appeal" column for law.com is titled "Considering a Likely Appeal in the Moussaoui Case."
Posted at 10:40 AM by Howard Bashman



"Decompressing in Boston": Ann Althouse offers here some additional thoughts about Friday's "Bloggership" conference. I really enjoyed finally meeting Ann in person, and her very interesting paper for the conference is available via this link.

At a conference chock-full of law professor bloggers, you might expect that among the presenters the ratio of law geeks to non-law geeks would be quite high. In that respect, I found it interesting to observe first-hand that the coolness (or lack of coolness) of a given law professor's blog did not reliably indicate the coolness (or lack of coolness) of the blog's author. Not surprisingly, however, with Ann she was every bit as cool as her blog, which I mean as a compliment, and I think that this proves that Ann's blog is accomplishing precisely what she intends.

One of the odd things about attending a conference with other highly dedicated law bloggers is that, in many instances, online friendships have already developed in the absence of any previous face-to-face contact. Among the most pleasant surprises were: (1) Larry Solumn of the "Legal Theory Blog" is not just an amazing blogger who generates a tremendous resource, but he is also a wonderful person; (2) Michael Froomkin of the blog "Discourse.Net," although he and I probably share little in common in our personal political views, is fascinating to speak with in person; and (3) it was great to meet Roger Alford of "Opinio Juris" at the pre-conference gathering, and I hope that he and I have an opportunity to speak again someday, perhaps after I am invited to give a talk at a certain southern California law school overlooking the Pacific Ocean.
Posted at 09:30 AM by Howard Bashman



"Bush challenges hundreds of laws; President cites powers of his office": Today in The Boston Globe, Charlie Savage has an article that begins, "President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution."
Posted at 08:54 AM by Howard Bashman


"Rowland Sowed Judicial Scandal; Waterbury Stamp Taints High Court, Judges Say": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "The scandal over the actions taken by former Chief Justice William J. Sullivan to help his ally on the court succeed him as head of the judicial branch has roots in the cronyism cultivated on the state's highest court by former Gov. John G. Rowland."
Posted at 08:50 AM by Howard Bashman


"Judge Defends Decision to Jail Miller": The Associated Press provides a report that begins, "The federal judge who jailed a former New York Times reporter for refusing to name her source during the CIA leak investigation defended his decision Friday."
Posted at 08:48 AM by Howard Bashman


"Chief justice not ready to rest": This profile of Wisconsin's Chief Justice, Shirley S. Abrahamson, appears today in The Wisconsin State Journal. This year, Abrahamson marks her 30th year of service on the Supreme Court of Wisconsin.

Relatedly, you can access my "20 questions for the appellate judge" interview with Chief Justice Abrahamson, from September 2004, at this link.
Posted at 08:44 AM by Howard Bashman



Saturday, April 29, 2006

"Chief justice calls on Taft grad": The Journal-News of Hamilton, Ohio today contains an article that begins, "U.S. Supreme Court Chief Justice John G. Roberts Jr., has appointed Hamilton native James C. Duff as director of the Administrative Office for U.S. Courts."
Posted at 08:55 PM by Howard Bashman


"Vintner Agrees to Drop 'Napa' From Wine Label": The saga of "Two-Buck Chuck" appears finally to be at an end, according to this article published today in The Los Angeles Times.
Posted at 08:40 PM by Howard Bashman


"Senate approves ban on abortions; But law would await Supreme Court action": On Thursday, The Times-Picayune of New Orleans contained an article that begins, "Senators approved legislation Wednesday that would ban most abortions in the state if a landmark federal court ruling is ever overturned, allowing the procedure to save a woman's life but not for those who become pregnant through rape or incest."
Posted at 08:35 PM by Howard Bashman


Congratulations to my friend Cathie Struve! Earlier this week, Chief Justice John G. Roberts, Jr. named Law Professor Catherine Struve of the University of Pennsylvania Law School to serve as the Reporter for the Appellate Rules Advisory Committee of the U.S. Courts. In serving as that Committee's Reporter, she will replace newly-confirmed U.S. District Judge Patrick J. Schiltz (D. Minn.).
Posted at 08:30 PM by Howard Bashman


"Mt. Lebanon can't force door-to-door canvassers to register, court rules": The Pittsburgh Post-Gazette contains this article today. My earlier coverage is here.
Posted at 03:25 PM by Howard Bashman


"Miers gets a warm reception at Dallas luncheon; White House counsel says little about failed high court nomination": This article appears today in The Dallas Morning News.
Posted at 03:15 PM by Howard Bashman


"Ten Commandments Display Going to Trial": The Associated Press provides this report from Oklahoma.
Posted at 03:00 PM by Howard Bashman


"Is this the Chief's last dance? NCAA panel's latest rejection of appeal leaves U. of I. with few options." The Chicago Tribune today contains an article that begins, "After serving as a symbol for University of Illinois sports teams since 1926, Chief Illiniwek is on the brink of extinction. The National Collegiate Athletic Association rejected Friday a university appeal that would have allowed the school to continue having a student clad in traditional Native American attire perform dances at athletic events. If the university fails to comply with the ruling, it will be banned from hosting NCAA tournaments."

In other coverage, The Chicago Sun-Times reports today that "Appeal of Illiniwek ruling rejected."

The News-Gazette of Champaign, Illinois reports that "UI trustees consider remaining options on Chief."

And The Peoria Journal Star reports that "Illinois loses 'Chief' appeal; School to review options for use of Indian mascot."

Back in June 2004, Circuit Judge Terence T. Evans of the U.S. Court of Appeals for the Seventh Circuit issued a quite entertaining decision (available online here and here) addressing a challenge to Chief Illiniwek. My extensive coverage of that decision can be found in earlier posts here, here, here, and here.

In related coverage of yesterday's NCAA decisions, The Indianapolis Star reports that "NCAA denies mascot appeals; Bradley's Braves OKd; Illinois, North Dakota, Indiana (Pa.) turned down by committee."

The Tribune-Democrat of Johnstown, Pennsylvania contains an article headlined "Drop Indian nickname, IUP told."

The Grand Forks Herald contains articles headlined "NCAA denies second appeal; Kupchella says UND may go to court"; "Fighting Sioux nickname: No hosting postseason; NCAA's denial of nickname appeal means athletic teams will be on the road"; and "Mixed reactions to NCAA decision in GF."

And The Forum of Fargo, North Dakota reports today that "UND loses nickname appeal." And columnist Mike McFeely has an essay entitled "Loyalty to school, or a logo?"

You can access the text of yesterday's NCAA mascot rulings at this link.
Posted at 02:48 PM by Howard Bashman



"Court says Leroy Hendricks can't live in Leavenworth County": The AP provides a report that begins, "The Kansas Supreme Court upheld efforts to prevent placing sexual predator Leroy Hendricks in a group home in Leavenworth County."

And The Lawrence Journal-World reports today that "Sexual predator won’t be moving in."

You can access yesterday's ruling of the Supreme Court of Kansas at this link.
Posted at 02:15 PM by Howard Bashman



"Diaz needs formal OK to restart work on Supreme Court": The Associated Press provides a report that begins, "Justice Oliver Diaz Jr. has spent almost as much time suspended from his job on the Mississippi Supreme Court as he spent actively participating in deciding cases."

And The Clarion-Ledger of Jackson, Mississippi today contains an article headlined "Diaz acquittal fuels election questions" and an editorial entitled "Diaz: Let Supreme Court justice resume work."
Posted at 02:04 PM by Howard Bashman



"Judicial nuclear option?" Columnist Robert Novak has this essay today at Townhall.com.
Posted at 12:55 PM by Howard Bashman


"The Harvard Bloggership Conference in a Nutshell": Dan Solove has this post at "Concurring Opinions."

Timothy K. Armstrong, at his eponymous blog, provides even more detail on the presentations (as did Larry Solum at his "Legal Theory Blog"; begin here and scroll down).

And Christine Hurt, at "Conglomerate," offers photos.
Posted at 12:50 PM by Howard Bashman



"State to investigate all 7 justices; Remarks by Sen. Dean Johnson have led to a Standards Board probe": The Minneapolis Star Tribune today contains an article that begins, "For what may be the first time in its 40-year history, the state Board on Judicial Standards has opened investigative files on all seven Minnesota Supreme Court justices, the result of a complaint that alleges that one or more of them may have had improper conversations with a legislator regarding Minnesota's marriage laws."
Posted at 12:30 PM by Howard Bashman


"Data Show How Patriot Act Used; The Justice Department for the first time reports on 9,254 FBI subpoenas for monitoring citizens; Some surveillance in the U.S. has been rising": The Los Angeles Times contains this article today.
Posted at 12:28 PM by Howard Bashman


"Cameras in the High Court": These three letters to the editor appear today in The Washington Post.
Posted at 12:27 PM by Howard Bashman


The New York Times is reporting: In Sunday's newspaper, Adam Liptak will have an article headlined "In Leak Cases, New Pressure on Journalists."

Tomorrow's newspaper will also contain an article headlined "Abuse Concerns Stymie Releases From Guantanamo."

Meanwhile, today's newspaper reports that "Band of Activists in Europe Holds the Line in the Case Against Microsoft."
Posted at 12:25 PM by Howard Bashman



"Juror Looks Up Word and Finds Trouble; Moussaoui Judge Decides Research at Home Wasn't Intentional Violation of Order": This article appears today in The Washington Post.

And The Richmond Times-Dispatch reports today that "Jurors recess in penalty trial; Judge warns against research; Moussaoui fate still undecided."
Posted at 12:20 PM by Howard Bashman



"Judge denies Muhammad's request for trial delay": The Baltimore Sun today contains an article that begins, "Sporting a new close-cropped haircut in his last court appearance before his six-count murder trial starts here Monday, convicted sniper John Allen Muhammad asked a Montgomery County judge yesterday first to delay, then to move, the trial."

And The Washington Post today contains an article headlined "Muhammad's Competency Challenged."
Posted at 12:10 PM by Howard Bashman



"Case Turns Toward Law Firm": The New York Times today contains an article that begins, "A six-year investigation into whether lawyers at the influential securities class-action law firm of Milberg Weiss Bershad & Schulman used illegal tactics took a significant turn yesterday after a retired real estate mortgage broker agreed to plead guilty and cooperate in the investigation."

And The San Diego Union-Tribune reports that "Man admits taking kickbacks in shareholder suits."
Posted at 12:04 PM by Howard Bashman



"Schiltz confirmed as federal judge": Thursday's edition of The Minneapolis Star Tribune contained this excellent news. My earlier coverage of this judicial nomination appears here and here.
Posted at 11:45 AM by Howard Bashman


"Bench a hot seat; inquiry ordered; House panel to investigate." The Topeka Capital-Journal today contains an article that begins, "House Speaker Doug Mays authorized Friday a bipartisan House committee to investigate possible unethical communications between the Legislature and the Kansas Supreme Court about a school finance lawsuit against the state." The newspaper also provides "Mays' statement ordering investigation."

In other coverage, The Wichita Eagle reports today that "House to probe court discussions."

The Kansas City Star reports that "House plans inquiry into lunch; Special committee may be granted subpoena powers."

And The Lawrence Journal-World reports that "House speaker plans Nuss inquiry."
Posted at 08:10 AM by Howard Bashman



"Recall backers win legal point": The San Gabriel Valley Tribune today contains an article that begins, "The 9th Circuit Court of Appeals on Friday ordered the withdrawal of a three-judge panel decision that held recall petitions must be circulated in multiple languages, according to a court document." My earlier coverage appears here and here.
Posted at 08:05 AM by Howard Bashman


Friday, April 28, 2006

Available online from law.com: Tony Mauro reports that "Watchdog Group Singles Out 'Junketing Judges.'" Meanwhile, in related news, The Associated Press reports that "2 Lawmakers Call for Judiciary Watchdog."

And the brand new installment of my "On Appeal" column is headlined "Considering a Likely Appeal in the Moussaoui Case." I thank the Moussaoui jury for failing to render a verdict late this afternoon, which would likely have triggered a panicked last-minute rewrite of my essay.
Posted at 10:55 PM by Howard Bashman



"Court of Appeals to Hold Special Sitting at University of Washington": The U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 10:45 PM by Howard Bashman


"Interesting Development in Padilla v. Lever Case": Rick Hasen has this post at his "Election Law" blog on the Ninth Circuit's en banc order issued today that I earlier noted here. An attorney connected with the case advises me via email that the case remains scheduled for an en banc oral argument before a fifteen-judge panel on June 22, 2006.
Posted at 10:44 PM by Howard Bashman


"Starr Mounts Challenge to Sarbanes-Oxley": The Associated Press provides a report that begins, "A constitutional challenge by conservatives to the law that reshaped corporate governance after a wave of business scandals likely will end up before the Supreme Court, attorney Kenneth Starr says."
Posted at 10:35 PM by Howard Bashman


"Phone Home: Courts must enforce the consular rights of foreign nationals." Law Professor Carlos M. Vázquez has this essay in the current issue of Legal Times.
Posted at 10:33 PM by Howard Bashman


Back home from Cambridge, Massachusetts: Today marked my third speaking engagement at the Harvard Law School, and my fourth speaking engagement in the Boston area, since I began this blog in May 2002. Today's event was great fun, and it was a pleasure to finally meet in person so many law professor bloggers whose work I have long admired from a distance. At some point later this weekend, I may offer further thoughts on the event and the bloggers I had the pleasure of meeting.

In this post at his "Sentencing Law and Policy" blog, Doug Berman links to others who were live-blogging, in part or in full, today's event.
Posted at 10:25 PM by Howard Bashman



"The issue before us is whether a parent who is also an attorney can receive attorneys' fees for the representation of his child in a suit brought under the Individuals with Disabilities in Education Act": The U.S. Court of Appeals for the Second Circuit answers "no" in a ruling that you can access here.
Posted at 03:00 PM by Howard Bashman


"Judge postpones hearing on using lethal injections; Killer's execution put on hold until at least September": Bob Egelko has this article today in The San Francisco Chronicle. Earlier today, I collected additional news coverage at this link.
Posted at 02:50 PM by Howard Bashman


Municipal ordinance requiring door-to-door canvassers who plan to "hand pamphlets or other written material" to residents or discuss with them "issues of public or religious interest" to first register with the police department violates the First Amendment: The U.S. Court of Appeals for the Third Circuit issued this decision today.
Posted at 02:15 PM by Howard Bashman


"We hold that the District Court erred in concluding that the state owes an affirmative due process duty of care to residents of a state institution who are free to leave state custody." A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this opinion today.
Posted at 02:10 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Court Rules New York Can Sue Countries" and "Judge Won't Restrict Padilla's Lawyers."
Posted at 02:05 PM by Howard Bashman


In the election law case of Padilla v. Lever, the en banc Ninth Circuit has voted to withdraw the opinion of the three-judge panel: You can access today's order at this link. Today's order comes eight days after the court announced that it had granted rehearing en banc in the case. It is unclear, at least to me, whether this marks the conclusion of the Ninth Circuit's involvement in the case.
Posted at 01:54 PM by Howard Bashman


"Feinstein Faces Long Odds in Fight to Keep Seat for a Californian": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 12:23 PM by Howard Bashman


"We had a great time!" You can access here a post from one of the people who attended last night's meet-the-law-bloggers gathering.
Posted at 12:09 PM by Howard Bashman


"[T]his case presents the limited question of whether Title VII's prohibition on discrimination on the basis of 'sex' includes a termination on the basis of an employee's admitted, consensual sexual conduct with a supervisor." The U.S. Court of Appeals for the Eighth Circuit issued this decision today.
Posted at 11:54 AM by Howard Bashman


"Moussaoui Jurors Told to Follow Guidelines": The Associated Press provides a report that begins, "The judge in Zacarias Moussaoui's death penalty trial admonished jurors Friday to avoid looking up words in the dictionary after learning that one went on the Internet to see what 'aggravating' means."
Posted at 11:50 AM by Howard Bashman


"Moussaoui Jury Faces Dozens of Questions": The Associated Press provides this report.
Posted at 09:10 AM by Howard Bashman


"CRC Report Says Increased Amount of 'Junkets for Judges'": law.com's Tony Mauro provides this report.

Update: The web site of Community Rights Counsel provides a news release entitled "Despite Years of Growing Outrage, Corporate Junkets for Judges Increase by 60%."
Posted at 07:48 AM by Howard Bashman



"Jury clears Diaz; Justice found not guilty in tax trial": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 07:25 AM by Howard Bashman


On the agenda: Today I'll be appearing with an impressive group of other law bloggers at Harvard Law School at an event titled "Bloggership: How Blogs Are Transforming Legal Scholarship." The event is free and open to the public, and audio of the event will be streamed live online (details available via this link).

And at lunchtime today, I hope to visit Ed Whelan's event titled "The Next Supreme Court Vacancy: Lessons from the Roberts and Alito Confirmation Processes," which is taking place just down the road from my event.

Last night I met for the first time many of the people participating in today's conference, and it was wonderful to finally meet in person various law professor bloggers whose work I have greatly admired from a distance. At some point, photos from the event will begin to appear online. Law Professor Christine Hurt (who blogs here) at last night's dinner took a photo of me with Law Professor Charles R. Nesson (who blogs here).

The location where today's program will take place supposedly has internet access, so regular postings should appear here throughout the day.
Posted at 06:58 AM by Howard Bashman



In news from Kansas: The Topeka Capital-Journal today contains articles headlined "Mays expected to seek inquiry into Nuss" and "Topekan files complaint against judge."

The Kansas City Star reports today that "Lunch meeting snarls school debate; Lawmakers seek formal inquiry."

And The Associated Press reports that "Nuss controversy leads to citizen's inquiry about McFarland."
Posted at 06:44 AM by Howard Bashman



"Death row inmate gets time for appeal": The Kansas City Star today contains an article that begins, "Condemned Missouri inmate Michael A. Taylor will have an additional 60 days to complete his appeals on the state's lethal injection procedures, a federal appeals court ruled Thursday."

And The St. Louis Post-Dispatch reports today that "Appeals court orders new hearing in KC on execution by injection."
Posted at 06:38 AM by Howard Bashman



"State Senate Votes To Cut Power Of Chief Justice": The Hartford Courant today contains an article that begins, "In a rebuke of retired Supreme Court Chief Justice William J. Sullivan, a divided state Senate voted Thursday to limit the ability of future chief justices to reach outside the court for judges to decide cases."
Posted at 06:35 AM by Howard Bashman


"Another testy day for Lay; His patience wears thin as the trial wears on": Mary Flood has this article today in The Houston Chronicle, which also contains an article headlined "Lay's tough side shows through; The ex-CEO has been anything but the grandfatherly foil to Jeff Skilling."

The Los Angeles Times today contains a news analysis headlined "Surprise of Enron Trial Is Lay's Surly Manner; Known for charm, the ex-chairman may have damaged his case with sarcasm and snippiness."

The Washington Post reports that "Stock Sales Scrutinized In Enron Trial."

The New York Times reports that "Enron Prosecutor Attacks Theory of 2001 Collapse."

And USA Today reports that "Lay denies he tried to hide sale of stock; Former CEO sold those shares due to margin calls."
Posted at 06:33 AM by Howard Bashman



In today's edition of The Los Angeles Times: An article reports that "Detainee Defiantly Admits Charges; An indicted Saudi held at the Guantanamo Bay prison tells a war crimes tribunal he is 'willing to pay the price, no matter what it is.'"

And an editorial entitled "The laws of madness" states, "Last week, Arizona asked the U.S. Supreme Court to allow it to gut a definition of legal insanity that has been on the books since 1843."
Posted at 06:28 AM by Howard Bashman



"Juror Illness Causes Delay In Moussaoui Deliberations": This article appears today in The Washington Post.

The Los Angeles Times reports today that "Juror's Illness Stalls Moussaoui Trial Deliberations."

And The Richmond Times-Dispatch reports that "Moussaoui deliberations suspended; Juror who had called in sick is better; panel set to resume today."

The next installment of my "On Appeal" column for law.com, scheduled to appear online tonight, will examine potential appellate issues in the Moussaoui case.
Posted at 06:24 AM by Howard Bashman



"No more executions in 2006; Judge delays hearing on challenge to state's injection method": Howard Mintz has this article today in The San Jose Mercury News.

And today in The Los Angeles Times, Henry Weinstein reports that "Executions Unlikely for Rest of Year; Federal judge orders a delay in condemned killer Michael Morales' legal challenge to the state's use of lethal injections."
Posted at 06:20 AM by Howard Bashman



The Washington Post is reporting: In today's newspaper, an article headlined "Supreme Court Barrier Denied; D.C. Rejects Anti-Terror Proposal After Neighbors' Complaints" begins, "The D.C. government yesterday denied a request by the Supreme Court to install a pop-up barrier on a nearby Capitol Hill street after neighbors complained that the anti-terrorism device would deflect the impact of any explosion onto them."

And in other news, "Little Is Clear in Laws on Leaks; Statutes Regarding Classified Data Called Hard to Prosecute."
Posted at 06:14 AM by Howard Bashman



Available online from The New York Times: Today's newspaper reports that "Judges Stress Intellectual Property in Microsoft Appeal."

And TimesSelect subscribers can access an item entitled "Readers Respond to 'Reining In Justice Scalia.'"
Posted at 06:05 AM by Howard Bashman



"A Day in Court: Scalia floats and Breyer rocks." Daniel Henninger has this op-ed today in The Wall Street Journal.
Posted at 06:00 AM by Howard Bashman


Thursday, April 27, 2006

"Diaz ready to go back to work": The Associated Press provides a report that begins, "A federal jury today acquitted Mississippi Supreme Court Justice Oliver Diaz Jr. of Biloxi on tax evasion charges, likely ending a legal saga that has kept Diaz off the bench for more than two years."
Posted at 11:54 PM by Howard Bashman


"He was dressed in a tan tunic: I don't want this court, he said; The secrecy is lifted on the trials in Camp Delta as world hears defendants speak for the first time." Friday's edition of The Times of London contains this article.
Posted at 11:50 PM by Howard Bashman


"How judge's secret Da Vinci code was cracked": This article providing the answer appears Friday in The Guardian (UK).

The New York Times on Friday will contain an article headlined "Broken: The Code in the 'Da Vinci Code' Ruling."

Friday's edition of The Telegraph (UK) contains articles headlined "Sir Peter is happy to be a puzzle to most lawyers" and "Jaeiextostgpsacgreamqwfkadpmqzv (So can you crack the secret code of the Da Vinci case judge?)"

And The Times of London on Friday contains an article headlined "A nudge from the Da Vinci judge to help you to crack his code."
Posted at 11:35 PM by Howard Bashman



"Court Upholds City Firings Over Racial Insult at Parade": The New York Times on Friday will contain an article that begins, "The city was within its rights to fire a police officer and two firefighters after they appeared in Afro wigs and blackface on a float during a 1998 Labor Day parade in Broad Channel, Queens, a federal appeals court ruled yesterday." My earlier coverage is here.
Posted at 11:30 PM by Howard Bashman


"Judge Reprimands Temp Prosecutor for Personal Blog": law.com provides a report that begins, "When a temporary San Francisco prosecutor wrote on his personal blog about a misdemeanor case he was handling last December, he probably didn't think the judge would read it."
Posted at 11:24 PM by Howard Bashman


"N.Y. Court Upholds Giuliani Float Firings": The Associated Press provides this report.
Posted at 11:11 PM by Howard Bashman


"Diaz found innocent on tax charges": The Clarion-Ledger of Jackson, Mississippi provides a news update that begins, "State Supreme Court Justice Oliver Diaz was found not guilty today in U.S. District Court. He was charged with tax evasion and filing a false tax return."
Posted at 05:35 PM by Howard Bashman


Second Circuit orders entry of judgment in favor of defendants in lawsuit brought by former New York City police officer and firefighters who were dismissed from their jobs for having participated in a Labor Day parade on a float that featured mocking stereotypes of African-Americans: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:25 PM by Howard Bashman


"Recapturing 'Winnie-the-Pooh'": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 05:08 PM by Howard Bashman


"Judge joins Da Vinci fun with a code of his own": This article appears today in The Times of London.

The Guardian (UK) today contains an article headlined "Smithy's code: new twist in Da Vinci drama; Judge's secret message comes in italicised letters; Codebreakers set to work on cracking encryption."

The Sun (UK) reports that "Judge does a Da Vinci."

And BBC News reports that "Judge creates own Da Vinci code."
Posted at 04:12 PM by Howard Bashman



"Sex ranking list of high school girls has Mt. Lebanon abuzz; Lawyer for one of the boys says it's not a crime; lawyer for girl on list says it's a 'personal sexual attack'": The Pittsburgh Post-Gazette today contains this article. According to the article, "At issue is whether the list, which includes grades for girls' faces, breasts and buttocks and talks about drug use, oral sex, sexually transmitted disease and weight, constitutes criminal sexual harassment or violation of the school's policy against sexual harassment."
Posted at 04:05 PM by Howard Bashman


Third Circuit Judge Jane R. Roth has announced that she will take senior status effective May 31, 2006: The information is available here.
Posted at 04:00 PM by Howard Bashman


"Why we should repeal 'don't ask, don't tell'": U.S. Representative Martin Meehan (D-MA) has this op-ed today in The Boston Globe.
Posted at 03:55 PM by Howard Bashman


"Statement Of Sen. Patrick Leahy Ranking Member, Senate Judiciary Committee On The Nomination Of Brett Kavanaugh": U.S. Senator Patrick J. Leahy (D-VT) issued this statement today.
Posted at 03:45 PM by Howard Bashman


Life sentence without the possibility of parole-related humor: From a decision that the U.S. Court of Appeals for the Seventh Circuit issued today: "Sherrod also argues that the district court wrongly concluded that it was required to impose his two life sentences consecutively, based on its interpretation of [a section of the federal criminal code]. [I]t unclear how Sherrod would benefit if the court were allowed to consider imposing his two life sentences concurrently instead...."
Posted at 03:30 PM by Howard Bashman


"D.C.-Area Sniper's Trial Returns to Md.": The Associated Press provides this report.
Posted at 03:24 PM by Howard Bashman


"Who Is Juan Non-Volokh?" Eugene Volokh launches the long-awaited, pre-unmasking competition at this link. I'll recuse myself from the competition, as I recently had the pleasure of having lunch with the individual who is Juan Non-Volokh.
Posted at 03:20 PM by Howard Bashman


Greetings from Cambridge, Massachusetts: Where it's not quite as warm outside as it was in Philadelphia, but at least it's just as sunny.
Posted at 03:15 PM by Howard Bashman


Programming note: Shortly I will be en route to the Boston area to participate in this conference tomorrow at the Harvard Law School.

Tonight, you can meet the conference participants at an after dinner gathering detailed here. During the conference's lunch break tomorrow, I hope to visit Ed Whelan, who will be also be speaking at Harvard tomorrow at a separate Federalist Society sponsored event.
Posted at 11:28 AM by Howard Bashman



Eighth Circuit remands for further proceedings the claim that that the State of Missouri's current lethal injection protocol violates the Eighth Amendment's ban on cruel and unusual punishment: You can access today's per curiam ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:23 AM by Howard Bashman


"Moussaoui Juror Calls Out Sick": The Associated Press provides this report. As a result, there will be no penalty-phase verdict today.
Posted at 10:40 AM by Howard Bashman


"More on the Da Vinci Code Decision Code": The blog "Patterico's Pontifications," along with its readers, is attempting to break the code. There's additional information here.
Posted at 10:25 AM by Howard Bashman


The Sacramento Bee is reporting: In today's newspaper, legal affairs writer Claire Cooper has articles headlined "Appeal succeeds for pot activist; Outside influence on the jury affected 2003 case, the 9th Circuit determines" and "Delay sought in lethal injection case."

In other news, "U.S. hails its Hayat strategy; But others question pre-emptive convictions of potential terrorists."

And an article headlined "Gay rights face-off; Day of Silence spurs protests, suspensions" reports that the suspensions "may test a controversial ruling by the 9th U.S. Circuit Court of Appeals last week. In a 2-1 vote, the court decided schools can forbid students from wearing a shirt that demeans gay and lesbian students."
Posted at 10:24 AM by Howard Bashman



In news from Kansas: The Topeka Capital-Journal today contains an article headlined "GOP: He said, she said; Morris offers his version of lunch talk with judge." In addition, columnist Pete Goering has an essay entitled "Activist court to blame."

The Lawrence Journal-World today contains articles headlined "Senator explains lunch in memo; School finance talk lasted 5 minutes, Sen. Morris says" and "Call renewed for judicial awareness; Judge's controversial meeting with lawmakers revives interest in informing voters about bench."

The Associated Press provides an item headlined "Senate President Steve Morris' memorandum on Justice Nuss."

And The Kansas City Star contains an editorial entitled "The big fuss over Nuss."
Posted at 09:02 AM by Howard Bashman



"From Judges To Witnesses? Legislature Seeks Their Testimony In Review Of Actions Taken To Aid Rell Nominee." This article appears today in The Hartford Courant.
Posted at 08:57 AM by Howard Bashman


Access online the agenda for this morning's Executive Business Meeting of the Senate Judiciary Committee: It is available at this link. Ninth Circuit nominee N. Randy Smith and D.C Circuit nominee Brett M. Kavanaugh are both up for consideration.
Posted at 08:55 AM by Howard Bashman


"Court tosses Guru of Ganja's conviction; Finding of juror misconduct results in new trial for Oaklander": Josh Richman has this article today in The Oakland Tribune.

And today in The San Francisco Chronicle, Bob Egelko reports that "Juror's call upends medical pot conviction; Appeals court rules advice from lawyer prejudiced case."

My earlier coverage is here.
Posted at 08:50 AM by Howard Bashman



"Lay gets loud and angry with prosecutor; Former CEO is asked about witness contacts, code of ethics": Mary Flood has this article today in The Houston Chronicle.

The New York Times reports today that "Lay Loses His Cool on Stand."

The Washington Post reports that "Enron Founder's Testimony Is Fiery; Lay, Prosecutor Trade Barbs at Trial."

And The Los Angeles Times reports that "Lay Admits Witness Contacts; The ex-Enron chairman denies that he tried to sway testimony; The disclosure could be a blow to his defense against fraud charges."
Posted at 07:33 AM by Howard Bashman



"In Routine Process, Moussaoui Jurors Weighing Unique Factors": This article appears today in The Washington Post.

And The Richmond Times-Dispatch reports today that "Moussaoui deliberations resume today."
Posted at 07:30 AM by Howard Bashman



"Court Puts Teeth in 'Notice' Needed to Seize Property": Linda Greenhouse has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "High Court Rules Against State's Seizure of House; An extra effort to warn an owner is needed before a sell-off to pay taxes, justices say."

And The Arkansas Democrat-Gazette reports that "Tax sale invalid, justices conclude; Supreme Court reverses state, 5-3."
Posted at 07:28 AM by Howard Bashman



"Justices Debate Illegal Hiring Case; The crux is whether a federal racketeering law can apply to firms using undocumented workers": This article appears today in The Los Angeles Times.

Today in The Dallas Morning News, Allen Pusey reports that "Justices weigh RICO immigrant worker case; Undocumented laborers may face new hurdles if carpet maker loses suit."

And The Washington Times reports that "Court to decide whether to let illegals suit proceed."
Posted at 07:24 AM by Howard Bashman



"Supreme Court Hears Case Involving Lethal Injection": Linda Greenhouse has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "High Court Is of Two Minds on Lethal Injection."

In USA Today, Joan Biskupic reports that "Supreme Court considers pain of lethal injection."

The Miami Herald reports that "Justices debate cruelty of Fla. lethal injection; The nation's highest court is to decide whether a Florida convict can argue that the state's use of lethal injection poses a risk of inhumane pain."

The St. Petersburg Times reports that "Justices ask about pain of execution; Florida's method of lethal injection reaches the high court, where justices are clearly split over the merits of an inmate's case."

The Pensacola News Journal reports that "Justices hear out Hill case."

And The Gainesville Sun reports that "High court hears Florida execution challenge."
Posted at 07:18 AM by Howard Bashman



In today's edition of The Chicago Tribune: An article headlined "Judge bans juror checks; Decision will affect ex-Daley aide's trial" begins, "Prosecutors and defense attorneys can't so much as run a Google search on prospective jurors in the upcoming corruption trial of former mayoral aide Robert Sorich, according to a federal judge's ruling Wednesday."

In other news, "Ryan judge shields ex-jurors; Request by lawyers to interview 2 tossed off panel is denied."

And an editorial is entitled "The Ryan jury whirlwind."
Posted at 07:10 AM by Howard Bashman



"More Lawlessness at EPA: The D.C. Circuit gives environmental regulators a refresher course in the law -- again." This editorial appears today in The Washington Post.
Posted at 07:00 AM by Howard Bashman


The New York Times is reporting: Today's newspaper contains articles headlined "Federal Victory in Terror Case May Prove Brief, Experts Say"; "Company Tells Court Antismoking Ads Go Too Far"; and "Judge Embeds a Puzzle in 'Da Vinci Code’ Ruling." Those seeking to break the code can access the ruling at this link.
Posted at 06:55 AM by Howard Bashman


"Girded for Battle": The New York Sun today contains an editorial that begins, "If you thought the accession of Justice Alito to the Supreme Court marked the end of the judicial confirmation battles that roiled the Senate earlier in President Bush's tenure, you were wrong."
Posted at 06:40 AM by Howard Bashman


Wednesday, April 26, 2006

"Court Weighs Procedural Issue in Death Row Lawsuit": Charles Lane will have this article Thursday in The Washington Post.
Posted at 10:33 PM by Howard Bashman


Available online from law.com: Tony Mauro has articles headlined "Supreme Court Looks at Humaneness of Lethal Injections" and "High Court Avoids Immigration, Focuses on RICO's Application to Business Relationships."

In the second of those two articles, Mauro writes: "[the] oral arguments devolved quickly into a dense debate over the ambiguous wording of the RICO statute and whether a corporation like Mohawk can be part of a separate 'enterprise' covered by the law. The tedium left at least two justices, Ruth Bader Ginsburg and Clarence Thomas, struggling to stay awake, with mixed success. That is not unusual for Thomas, but it is not as common for Ginsburg, 73, though in recent months she has often appeared fatigued on the bench. Responding to a Legal Times inquiry about the episode late Wednesday, Ginsburg said, through Court spokeswoman Kathy Arberg, that she 'experienced an eye irritation during oral argument that was probably exacerbated by allergies.'"

And in other news, "Sports Fans, Take Heart, It's Still Legal to Heckle the Ref; Ga. justices overturn meeting disruption law for being too broad." You can access yesterday's ruling of the Supreme Court of Georgia at this link.
Posted at 10:30 PM by Howard Bashman



"High court blocks Dallas exec's suit; He sued Postal Service, saying failed bribery case was retaliation": Allen Pusey of The Dallas Morning News provides this news update.
Posted at 10:25 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "McDermott Files Appeal in Taped Call Case" and "Judge Nixes Moussaoui Juror Interviews."
Posted at 10:18 PM by Howard Bashman


"Oakland pot growing conviction overturned; But ruling means new trial for marijuana advocate": Bob Egelko of The San Francisco Chronicle provides this news update. My earlier coverage is here.
Posted at 10:15 PM by Howard Bashman


"President taps Tydingco-Gatewood": Thursday's edition of The Pacific Daily News of Guam contains an article that begins, "Supreme Court of Guam Justice Frances Tydingco-Gatewood yesterday was nominated by President Bush as the next chief judge for the District Court of Guam, following a recommendation last year by Gov. Felix Camacho. If approved by Congress, Tydingco-Gatewood would take the place of former Judge John Unpingco, who stepped down two years ago after more than 10 years with the court." My earlier coverage of this federal judicial nomination appears here.
Posted at 10:10 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Supreme Court Weighs Pain of Deadly Injection" (featuring Nina Totenberg) and "Moussaoui Jury Deliberates Another Day." RealPlayer is required to launch these audio segments.
Posted at 09:05 PM by Howard Bashman


"RICO-Mania: The Supreme Court contemplates whether illegal hiring is racketeering." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 09:00 PM by Howard Bashman


Tony Mauro is reporting: At law.com, he has news updates headlined "Supreme Court Debates Challenge to States' Method of Execution" and "Court Considers Use of RICO To Attack Hiring of Illegals."
Posted at 08:44 PM by Howard Bashman


"Moussaoui Jury Ends 3rd Day, No Verdict": The Associated Press provides this report.
Posted at 04:50 PM by Howard Bashman


"What's at stake: When judges become politicians." This editorial appears today in The Arkansas Democrat-Gazette.
Posted at 04:35 PM by Howard Bashman


"Judge Hints at Code in 'Da Vinci' Ruling": The Associated Press provides a report that begins, "The judge who presided at the 'Da Vinci Code' copyright infringement trial has put a code of his own into his ruling, and he said Wednesday he would 'probably' confirm it to the person who breaks it."

You can access the complete ruling, in PDF format as issued by the court, at this link.
Posted at 03:12 PM by Howard Bashman



"This case arises out of the City of New York's attempts to collect property taxes from certain foreign missions to the United Nations that have been using parts of their embassy buildings for purposes that, the City argues, render at least those portions of those buildings subject to property taxation." So begins an opinion that the U.S. Court of Appeals for the Second Circuit issued today.

Today's decision, however, only resolves a preliminary issue: "whether, pursuant to the 'immovable property' exception to the Foreign Sovereign Immunity Act's general rule that a foreign country is immune from suit in our courts, a federal court has jurisdiction to settle this dispute. We agree with the district court that it does have such jurisdiction and that this suit may go forward."
Posted at 03:05 PM by Howard Bashman



"Slate's Jurisprudence: Immigrant Hiring and RICO." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 02:55 PM by Howard Bashman


The Associated Press is reporting: An article reports that "Justices Hear Undocumented Workers Debate."

And David Kravets has an article headlined "Court Overturns Pot Grower's Conviction" that begins, "A federal appeals court Wednesday overturned the pot-growing conviction of the self-proclaimed 'Guru of Ganja,' a marijuana advocate who has written books on how to grow pot and avoid getting caught." My earlier coverage is here.
Posted at 02:45 PM by Howard Bashman



"'Choose Life' License Plates": In this post at "PrawfsBlawg," Nelson Tebbe discusses my recent law.com column on the subject.
Posted at 02:18 PM by Howard Bashman


"U.S. Supreme Court justices ask sharp questions in lethal injection case": The Miami Herald provides this news update.

And Gina Holland of The Associated Press reports that "Justices Debate Lethal Injection Method."
Posted at 01:50 PM by Howard Bashman



"States Must Give Notice for Home Sales": The Associated Press provides this report.
Posted at 01:45 PM by Howard Bashman


"Juror A believed that the district court's instruction not to discuss the case with anyone would not rule out a conversation 'about a point of law'; accordingly, she phoned up an attorney-friend to ask 'if [she] had to follow the Judge's instructions, or if [she] had any leeway at all for independent thought.'" The foregoing quotation comes from a decision that the U.S. Court of Appeals for the Ninth Circuit issued today. The court's opinion proceeds to state:
The attorney-friend responded that Juror A "definitely did have to following [sic] the Judge's instructions, and that there was absolutely nothing else [she] could do." When Juror A pressed the attorney, asking how there could ever be hung juries, she was told "that could only happen if the Judge gives the jury some leeway in his instructions." The attorney "then said [Juror A] could get into trouble if [she] tried to do something outside those instructions."
Based on a holding of juror misconduct arising from those facts, the Ninth Circuit today grants a new trial in favor of a defendant convicted of violating the Controlled Substances Act. According to the court's factual recitation, the defendant was designated as an agent of the Oakland Cannabis Buyers' Cooperative to cultivate marijuana plants for distribution to authorized medical-cannabis users.
Posted at 01:38 PM by Howard Bashman


"Courts & the Law: Scalia v. Dignity." Columnist Kenneth Jost has this essay in this week's issue of CQ Weekly.
Posted at 12:00 PM by Howard Bashman


"Duane Morris to Shape Appellate Practice With Byer": My friend Rob Byer is the subject of this news update from The Legal Intelligencer.
Posted at 11:55 AM by Howard Bashman


"Judge: No ex-juror interviews." The Chicago Sun-Times provides a news update that begins, "Lawyers for former Gov. George Ryan cannot talk to two jurors who believe their willingness to consider acquitting Ryan on some charges played a role in their being ousted from the jury, the judge in the case ruled this morning."

And The Associated Press provides a report headlined "Judge: Ryan Lawyers Can't Question Jurors."

In related coverage, The Chicago Tribune today contains an article headlined "Is Ryan's free legal defense taxable? Connections cloud issue of outright gift."
Posted at 11:45 AM by Howard Bashman



"Justice's act could affect school-finance future": The Wichita Eagle today contains an article that begins, "A Senate panel raised the question Tuesday of whether a Supreme Court justice's discussion with two senators about school funding has tainted other members of the court. One senator even asked whether the possible ethics violation could be grounds for dismissal of the seven-year-old school funding lawsuit."

And The Topeka Capital-Journal today contains an article headlined "Legislators' suspicions grow; Senator declares justices 'entered the political realm'" and an editorial entitled "Justice Lawton Nuss -- Stay focused; A judge's violation of the rules shouldn't be allowed to slow the Legislature's business."
Posted at 11:40 AM by Howard Bashman



"Justice had career of 'firsts'; Colleagues remember him as an important mentor, dedicated and conscientious": The Honolulu Star-Bulletin today contains an obituary that begins, "Retired Hawaii Supreme Court Justice Yoshimi Hayashi would point out that he was the only person who had served on the bench at all four levels of state courts."
Posted at 11:35 AM by Howard Bashman


"High court adding its voice to fight over immigration; The issue: Can workers sue their company under RICO for using illegal employees?" Patty Reinert has this article today in The Houston Chronicle.
Posted at 11:30 AM by Howard Bashman


"Smooth sailing for judicial nominees; In sharp contrast to prior candidates, 4 N.J. lawyers faced no opposition": This article appears today in The Newark Star-Ledger.
Posted at 11:28 AM by Howard Bashman


"Group Gets Lesson On Jackson's Supreme Seat": The Post-Journal of Jamestown, New York today contains an article that begins, "This supple, black-skinned beauty supported Robert Jackson's back with every question he asked on the Supreme Court bench."
Posted at 11:25 AM by Howard Bashman


"Red faces as court rejects silky-smooth lawyer": This article will appear Thursday in The Sydney Morning Herald.
Posted at 11:20 AM by Howard Bashman


"Mack execution more open than previous deaths": The Reno Gazette-Journal today contains an article reporting that "for the first time in Nevada history, the entire process will be open to the public, from the viewing of the full lethal injection procedure to reviewing of the prison's execution protocol, after the Reno Gazette-Journal sued the state Department of Corrections to open the curtains and release the document." The newspaper has posted online the "confidential" State of Nevada death penalty manual at this link.
Posted at 11:15 AM by Howard Bashman


"Prosecutor: Diaz didn't report all funds to IRS; Supreme Court justice's attorney says he paid the right amount but may have been late." This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 11:10 AM by Howard Bashman


"Lambda Legal Asks California Supreme Court to Hear Case on Behalf of Lesbian Denied Infertility Treatment by Christian Fundamentalist Doctors": Lambda Legal Defense and Education Fund issued this press release yesterday.
Posted at 10:58 AM by Howard Bashman


"Obscenity statute still dead; Federal appeals court affirms that the law is unconstitutional": Creative Loafing Atlanta provides a report that begins, "Consider it one small step for free-speech advocates -- and one giant step for sex-crazed Georgians: The 11th U.S. Circuit Court of Appeals has upheld a February ruling that Georgia's obscenity statute is unconstitutional."

Last month, I discussed that ruling in my column headlined "11th Circuit's Abuzz With Sex Toy Litigation."
Posted at 10:40 AM by Howard Bashman



"Yet Another Apology from A3G": At "Underneath Their Robes," "Article III Groupie" is back.
Posted at 10:30 AM by Howard Bashman


Today's U.S. Supreme Court opinions in argued cases: At "SCOTUSblog," Lyle Denniston has a post titled "Court rules on tax sales, retaliatory prosecution."

The first ruling of the day issued in Hartman v. Moore, No. 04-1495. Justice David H. Souter delivered the opinion of the Court, in which Justices John Paul Stevens, Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. Justice Ruth Bader Ginsburg delivered a dissenting opinion, in which Justice Stephen G. Breyer joined. The Chief Justice recused himself from the case, which originated from the D.C. Circuit. And the case was argued before Justice Samuel A. Alito, Jr. joined the Court, so he also did not participate. You can access a pre-decision summary of the case here, and the oral argument transcript is here.

The second and final ruling of the day issued in Jones v. Flowers, No. 04-1477, a case that notwithstanding its title has nothing to do with former President Clinton (although this case, coincidentally, happens to arise from Arkansas). The Chief Justice delivered the opinion of the Court, in which Justices Stevens, Souter, Ginsburg, and Breyer joined. Justice Thomas issued a dissenting opinion, in which Justices Scalia and Kennedy joined. This case was likewise argued before Justice Alito joined the Court, so he again did not participate. You can access a pre-decision summary of the case here, and the oral argument transcript is here.
Posted at 10:04 AM by Howard Bashman



"Judge nixes U.S. bid for secrecy in Oregon suit; Wiretaps - The decision marks a rare challenge to government requests to keep legal filings from opponents": The Oregonian today contains an article that begins, "A federal judge Tuesday rebuffed the U.S. government's initial attempt to file a secret declaration in an Oregon lawsuit challenging the legality of the National Security Agency's warrantless surveillance program."
Posted at 09:55 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "High Court Hears Lethal Injection Case" (featuring Nina Totenberg) and "Is Web Surfing a Job Hazard?" RealPlayer is required to launch these audio segments.
Posted at 09:10 AM by Howard Bashman


"Sunny Judicial Hearings May Mask Clouds": Roll Call today contains an article (subscription required) which reports that yesterday, "Specter emerged from a meeting in Majority Leader Bill Frist's (R-Tenn.) office and declared that there would be a committee vote Thursday on a quintessentially controversial nominee, White House Secretary Bret Kavanaugh."
Posted at 08:30 AM by Howard Bashman


"Alito key in death penalty case; As the U.S. Supreme Court rehears arguments over Kansas' law, its newest member could tip the scales toward execution": This article appears today in The Wichita Eagle.

The Kansas City Star reports today that "High court rivals duel on Kansas death law; Scalia, Souter seek to win over Alito."

The Topeka Capital-Journal reports that "Justices pose pointed death penalty queries; Kline, Kansas public defender offer interpretations of law."

The Lawrence Journal-World reports that "Court balances death penalty; High court hears Kansas case again with Alito on bench."

And in The Houston Chronicle, Patty Reinert reports that "Alito ready to break tie in death penalty case; Ruling on Kansas law is being closely watched to gauge court on execution."
Posted at 08:20 AM by Howard Bashman



In today's edition of The Hartford Courant: Lynne Tuohy has articles headlined "Judicial Backfire; Case That Triggered Widespread Outrage Had Modest Beginning" and "Expert Urges Examination Of Action."

The second of those two articles begins, "A prominent legal ethics expert said former Chief Justice William Sullivan's suppression of a controversial ruling, designed to enhance Justice Peter T. Zarella's chances of succeeding him as chief justice, appears to be a 'bull's-eye violation' of the Code of Judicial Conduct."
Posted at 07:30 AM by Howard Bashman



"Lay says he never saw collapse coming; He testifies he still believes that 'the balance sheet was strong'": Mary Flood has this article today in The Houston Chronicle.

The New York Times reports today that "Lay Blames Financial Officer and Newspaper Articles for Enron's Fall."

The Washington Post reports that "Enron Founder Blames Ex-CFO; Lay Says He Was Shocked by Deals."

The Los Angeles Times reports that "Lay Says Articles Hurt Faith in Enron."

And USA Today reports that "Lay's day on stand doesn't go smoothly; Defense hits snags laying groundwork, sets off judge."
Posted at 07:28 AM by Howard Bashman



"Jurors in Moussaoui Case Pause to Ask for Dictionary": This article appears today in The Washington Post.

And The Richmond Times-Dispatch reports today that "Moussaoui jury still deliberating."
Posted at 07:24 AM by Howard Bashman



"Companies face RICO lawsuits on illegals": Today's issue of USA Today contains an article that begins, "In legal cases with potential repercussions for businesses and employees, current and former workers are accusing U.S. companies of violating immigration law and driving down wages. The federal lawsuits -- against carpet maker Mohawk Industries, Tyson Foods, retailer Wal-Mart, and others -- are winding their way through appeals courts. The Mohawk case will be argued today before the U.S. Supreme Court."
Posted at 07:20 AM by Howard Bashman


"As Challenges to Lethal Injection Mount, Justices Set to Hear Case": Charles Lane has this article today in The Washington Post.

And The St. Petersburg Times reports today that "Top court looks at Fla. death row; A condemned Florida inmate renews the death penalty debate, as his argument against lethal injection will be heard today by the U.S. Supreme Court."
Posted at 07:20 AM by Howard Bashman



The Washington Post is reporting: Today's newspaper contains articles headlined "Va. Terror Case Sent Back to Lower Court; Appeals Panel Cites Eavesdropping Program" and "Anacostia Pollution Limits Tightened; EPA Ordered to Make Caps for River Daily, Not Annual."
Posted at 07:15 AM by Howard Bashman


In today's edition of The Los Angeles Times: The newspaper contains an article headlined "For the Justice Department, a Welcome Conviction; The government has experienced a series of missteps and false starts in some terrorism cases."

And an editorial entitled "Free-speech fashion" begins, "If students at a public school have a 1st Amendment right to wear black armbands as an antiwar protest -- and they do, according to the U.S. Supreme Court -- does a Christian student have a similar right to wear a T-shirt proclaiming 'Homosexuality Is Shameful'? He should, despite a recent federal appeals court ruling so sweeping and loosely reasoned that it virtually begs the Supreme Court to overrule it."
Posted at 07:10 AM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "Supreme Court to Debate Lethal Injection."

And in other news, "Court to Hear Appeal Over Illegal Workers."
Posted at 07:02 AM by Howard Bashman



In today's edition of The New York Times: Linda Greenhouse reports that "Justices Reject Immunity Below State Level."

In other news, "Microsoft in European Court Says 2004 Ruling Is a Failure."

An editorial entitled "Lethal Cruelty" begins, "Lethal injection is considered by some to be a more humane alternative to the electric chair. But the Supreme Court hears arguments today in a case that shines a light on the reality: if lethal injection is poorly administered, it can in fact be particularly barbaric."

And TimesSelect subscribers can access Adam Cohen's Talking Points essay entitled "Reining In Justice Scalia."
Posted at 07:00 AM by Howard Bashman



"Can the Government Limit Speech to Protect a Captive Audience? A Court Rejects a High School Student's Claimed Right to Anti-Gay Speech While Legislatures React to Offensive Protests at G.I. Funerals." Michael C. Dorf has this essay today online at FindLaw.
Posted at 06:45 AM by Howard Bashman


Tuesday, April 25, 2006

"Top court to sit in Clark on Wednesday; The judges move from Columbus for the day as part of a justice education program for high school students": The Dayton Daily News contains this article today.
Posted at 11:35 PM by Howard Bashman


"The Bible Bench -- The message from fundamentalists to state jurists is clear: Judge conservatively, lest ye not be a judge." This article appears in the May/June 2006 issue of Mother Jones magazine.
Posted at 11:05 PM by Howard Bashman


"Bloggers-Meet-Readers on Thursday, April 27, 9 pm, in Cambridge": At "The Volokh Conspiracy," Eugene Volokh provides the details of a gathering that I'm looking forward to being a part of this Thursday night.
Posted at 10:50 PM by Howard Bashman


"Conservative legislators raise new questions about Nuss case": In news from Kansas, The Associated Press provides a report that begins, "Several senators who've criticized Supreme Court rulings on school finance raised new questions Tuesday about Justice Lawton Nuss' conversation with two other senators with an education funding lawsuit still before the court. They asked why Nuss waited until last week, six weeks after his March 1 conversation, to remove himself from the lawsuit that led to the court ordering legislators last year to increase aid to public schools."
Posted at 10:40 PM by Howard Bashman


"Cross-burner's high-court appeal rejected; 12-year stint stands: The cross was lit on SLC couple's lawn in 1996." The Salt Lake Tribune contains this article today.
Posted at 09:54 PM by Howard Bashman


"Police err over warrant? U.S. Supreme Court listens to arguments in Brigham City case." This article appears today in The Deseret Morning News.

And The Salt Lake Tribune today contains an article headlined "Justices hear Brigham City case; Loud party, fight: The ruling could clarify when police are justified to enter a home without a warrant."
Posted at 09:10 PM by Howard Bashman



"Commandments display upheld; Mercer exhibit mirrors two high court rejected": The Louisville Courier-Journal today contains an article that begins, "A federal court yesterday upheld a Ten Commandments display at the Mercer County, Ky., courthouse -- even though the display is identical to one that the U.S. Supreme Court ruled unconstitutional in two other Kentucky counties last year. The decision by the 6th U.S. Circuit Court of Appeals, based in Cincinnati, upheld a December ruling by a three-judge panel on the court that validated the display." My earlier coverage is here.
Posted at 08:57 PM by Howard Bashman


Federal District Court of Guam nomination news: Among the nominations that the White House announced today was "Frances Marie Tydingco-Gatewood, of Guam, to be Judge for the District Court of Guam for the term of ten years, vice John S. Unpingco, term expired." The nominee currently serves as an Associate Justice on the Supreme Court of Guam.
Posted at 08:55 PM by Howard Bashman


"Jury selected for Diaz trial; Opening arguments planned today": The Biloxi Sun Herald today contains an article that begins, "Opening arguments are set for today in the federal tax-evasion trial of state Supreme Court Justice Oliver Diaz Jr., who was acquitted last summer on federal bribery charges."
Posted at 08:44 PM by Howard Bashman


"State justices, in a first, rule ex-worker can sue for wife's death from asbestos": This article appears today in The Newark Star-Ledger. My earlier coverage is here.
Posted at 08:33 PM by Howard Bashman


"No grilling for NJ nominees to federal court": The Newark Star-Ledger provides this news update.
Posted at 08:32 PM by Howard Bashman


"Corporate immigration violators face anti-mafia law": In Wednesday's edition of Financial Times, Patti Waldmeir will have this preview of a case being argued tomorrow before the U.S. Supreme Court.
Posted at 08:10 PM by Howard Bashman


"Death Math: The Supreme Court tinkers with the calculus of capital punishment." Dahlia Lithwick has this Supreme Court dispatch online at Slate.

And in other coverage, CNN.com reports that "Justices spar in death penalty debate; Court's decision on weighing factors due in June."
Posted at 08:05 PM by Howard Bashman



"Commentary: Specter and TV in the Court." Lyle Denniston has this post at "SCOTUSblog."

At National Review Online's "Bench Memos" blog, Matthew Franck has a post titled "Specter Sputters." Ed Whelan, who will like me also be at Harvard Law this Friday (but at a separate event), comments on Franck's post here.

Generating all this comment is U.S. Senator Arlen Specter's op-ed today in The Washington Post.

One week ago, my law.com "On Appeal" column addressed this same subject under the headline "Should Congress Mandate Supreme Court TV? Will original understanding go high-definition?"
Posted at 06:10 PM by Howard Bashman



In news from Kentucky: The Louisville Courier-Journal provides a news update headlined "Gay rights group sues Fletcher over Cumberlands funding."

And The Lexington Herald-Leader provides a news update headlined "Gay-rights leader sues to block money for pharmacy school."
Posted at 05:44 PM by Howard Bashman



"Judges reexamine lethal injections for convicts; In a twist, lawyers argue that the method of execution - not the death penalty itself - is cruel if administered improperly": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 05:40 PM by Howard Bashman


"Boyle's time": The News & Observer of Raleigh, North Carolina today contains an editorial that begins, "If Federal District Judge Terrence Boyle in fact is headed toward vote by the Senate on his nomination to serve on the 4th U.S. Circuit Court of Appeals, that could mean Boyle finally is in line for a long-delayed and well-earned promotion."
Posted at 05:30 PM by Howard Bashman


Zacarias Moussaoui, on appeal: The AP reports that "Moussaoui Jurors End Deliberations, Day 2."

Here are some questions for readers to ponder: (1) if Moussaoui is sentenced to death, under federal law must an appeal proceed regardless of the defendant's wishes, or can the defendant accept the sentence and refuse to appeal; and (2) if Moussaoui is not sentenced to death, and then he appeals to challenge the trial court's decision to preclude him from conducting his own defense, if he prevails on that appeal and wins a retrial, would double jeopardy preclude the prosecution from seeking the death penalty on retrial, and would Moussaoui affirmatively have to raise the defense of double jeopardy in order to do so?

If any readers have particular insight into these questions and the workings of the federal death penalty law, I'd welcome responses via email.

Update: A helpful reader emails to point out that the U.S. Supreme Court's decision in Sattazahn v. Pennsylvania would deprive Moussaoui of any double jeopardy argument if the reason a life sentence was imposed was due to jury deadlock over whether to impose the death penalty. On the other hand, it appears (based on my initial read of the decision) that under Sattazahn a double jeopardy defense would arise if the first jury had unanimously decided to impose a sentence of life imprisonment.
Posted at 05:05 PM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "Justices Weigh Abuse in Woman's Defense."

And in other news, "Supreme Court Rehears Kan. Execution Case."
Posted at 04:58 PM by Howard Bashman



Programming note: In connection with my day job, I'm meeting this afternoon in Philadelphia with co-counsel on a new appellate matter. Additional posts will appear after that meeting concludes.
Posted at 12:50 PM by Howard Bashman


"According to Ms. Powell, Ms. Kreutz propositioned her for sex, sought to convert her to Ms. Kreutz's religion, and spiked her beverage with methamphetamine." The U.S. Court of Appeals for the Eighth Circuit issued this decision today.
Posted at 11:54 AM by Howard Bashman


"Justices Split on Fixing Appeal Deadlines": The Associated Press provides this report.
Posted at 11:38 AM by Howard Bashman


"Protecting Constitutionally Entrenched Human Rights: What Role Should the Supreme Court Play? (With Special Reference to Capital Punishment, Abortion and Same-Sex Unions)." Law Professor Michael J. Perry has this essay (abstract with link for download) online at SSRN (via "Legal Theory Blog").
Posted at 11:23 AM by Howard Bashman


"This case poses the question whether the word 'daily,' as used in the Clean Water Act, is sufficiently pliant to mean a measure of time other than daily." So begins an opinion that the U.S. Court of Appeals for the D.C. Circuit issued today. The opinion proceeds to hold, "Daily means daily, nothing else."
Posted at 10:20 AM by Howard Bashman


Today's U.S. Supreme Court opinions in argued cases: The Court today issued two opinions in argued cases, and these are the first decisions in argued cases in which Justice Samuel A. Alito, Jr. took part in the rulings.

Justice Ruth Bader Ginsburg delivered the opinion of the Court in Day v. McDonough, No. 04-1324. This is the first 5-4 decision of the newly constituted Court, and the line-up of the Justices is rather interesting. Joining in Justice Ginsburg's majority opinion were the Chief Justice, and Justices Anthony M. Kennedy, David H. Souter, and Alito. Justice John Paul Stevens issued a dissenting opinion, in which Justice Stephen G. Breyer joined. And Justice Antonin Scalia issued a dissenting opinion, in which Justices Clarence Thomas and Breyer joined.

Justice Thomas delivered the opinion for a unanimous Court in Northern Ins. Co. of N.Y. v. Chatham County, No. 04-1618. Miguel A. Estrada argued the case for the prevailing party. You can access the oral argument transcript here.

At "SCOTUSblog," Lyle Denniston has a post titled "Court rules on habeas, state immunity."
Posted at 10:04 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Moussaoui's Fate Now in Jury's Hands"; "Former Chairman Blames Others for Collapse of Enron"; and "Court to Answer Questions on Lethal Injection Executions." RealPlayer is required to launch these audio segments.
Posted at 09:58 AM by Howard Bashman


"High Court Nomination Troubled; Controversy Roils Capitol After Ex-Chief Justice Says He Tried To Help Successor's Chances": Lynne Tuohy has this article today in The Hartford Courant, along with an article headlined "Borden Letter Indicates Contentious Atmosphere On Court." The newspaper also contains an editorial entitled "'Helping' Justice Zarella."

And in related news, The Associated Press reports that "Zarella wants Rell to withdraw his nomination for chief justice."
Posted at 09:00 AM by Howard Bashman



"High court calls for inquiry; Judge who spoke to legislators could face removal from bench": The Topeka Capital-Journal today contains an article that begins, "In what may be an unprecedented move, the chief justice of the Kansas Supreme Court on Monday asked a judicial watchdog group to investigate possible wrongdoing of a member of her own court."

The Wichita Eagle reports today that "Panel to review justice's conduct; The Kansas Supreme Court chief justice asks for an investigation into a meeting between a justice and two state senators."

And The Lawrence Journal-World reports that "Fellow justice wants probe into meeting."
Posted at 08:55 AM by Howard Bashman



"Judge refuses new trial in Fell case": The Rutland Herald today contains an article that begins, "A federal judge on Monday rejected Donald R. Fell's bid for a new trial, clearing the way for an expected death penalty sentence in the slaying of a North Clarendon woman. Judge William K. Sessions III has set a sentencing hearing in U.S. District Court in Burlington for June 16, nearly one year after the opening arguments in his case, the first death penalty trial in Vermont in nearly 50 years."
Posted at 08:50 AM by Howard Bashman


"Lay proclaims his innocence; He blames Fastow, bad publicity and 'a classic run on the bank'": Mary Flood has this article today in The Houston Chronicle.

The New York Times reports today that "Folksy Lay Opens Up to the Jury."

The Washington Post reports that "On the Stand, Founder of Enron Doles Out Blame."

The Los Angeles Times reports that "Lay Faults Fastow for Enron's Collapse; The former chairman blames the ex-CFO, who pleaded guilty in a deal with prosecutors."

USA Today contains an article headlined "Lay: No 'simple answer' on failure; 'American dream' became 'nightmare.'"

The Dallas Morning News reports that "Lay tells jury he doubts 'conspiracy of any kind'; Former Enron chief denies misleading investors, says he thought firm was sound."

And The Chicago Tribune reports that "Enron's Lay pins blame on Fastow; Firm's founder calls ex-CFO 'liar, thief.'"
Posted at 07:28 AM by Howard Bashman



"Moussaoui's Fate Is Handed Over to Jury; The federal panel begins debate on whether the Al Qaeda follower should die for his role in the 9/11 plot; Nearly 3,000 people were killed": The Los Angeles Times contains this article today. The newspaper also contains a related op-ed by Alan Hirsch entitled "Why the innocent confess."

And The Richmond Times-Dispatch reports today that "Moussaoui case goes to jurors; Panel can choose life or death for role he played in Sept. 11 attacks."
Posted at 07:20 AM by Howard Bashman



"Microsoft Opens Appeal in Europe": This article appears today in The New York Times.
Posted at 07:18 AM by Howard Bashman


"Justices to consider if lethal-injection appeal can be heard; Execution process violates civil rights, inmate says": Joan Biskupic has this article today in USA Today.
Posted at 07:15 AM by Howard Bashman


"Justices Decline Church-State Case Involving a Kindergarten Poster of Jesus": Linda Greenhouse has this article today in The New York Times.
Posted at 07:14 AM by Howard Bashman


"Judicial conduct panel to face Mass. high court; Authority in harsh decision questioned": The Boston Globe today contains an article that begins, "The state's highest court is embroiled in a power struggle with the Massachusetts Commission on Judicial Conduct, summoning panel members this week to defend their authority to suspend a Plymouth County judge for a year without pay and fine him $50,000 for sexually harassing two female court employees."
Posted at 07:10 AM by Howard Bashman


"U.S. to Free 141 Terror Suspects; The Guantanamo prison detainees pose no threat, an official says; Most of those still in custody have no charges pending against them": This article appears today in The Los Angeles Times.
Posted at 07:08 AM by Howard Bashman


"City lawyers are standby counsel for Muhammad; Sniper is representing himself, but they can offer advice at trial in Montgomery": The Baltimore Sun contains this article today.

And The Washington Post reports today that "Lawyers Assigned to Muhammad; Counsel to Be Tightly Restricted in Montgomery Sniper Trial."
Posted at 07:05 AM by Howard Bashman



"The Enigmatic Man: Claude Allen's Desire to Rise in the GOP Puzzled Some, but His Fall Confounds Them More." This lengthy article appears today in The Washington Post.
Posted at 07:00 AM by Howard Bashman


A preview of today's Senate Judiciary Committee judicial confirmation hearing: Ninth Circuit nominee Milan D. Smith, Jr. is on the agenda. The hearing is scheduled to get underway at 2:15 p.m. Once confirmed, there will be U.S. Circuit Judges with the last name Smith serving on the Third, Fifth, Eighth, and Ninth Circuits.
Posted at 06:58 AM by Howard Bashman


"Hidden Justice(s)": U.S. Senator Arlen Specter (R-PA), chairman of the Senate Judiciary Committee, has this op-ed today in The Washington Post.
Posted at 06:50 AM by Howard Bashman


"'Don't ask, don't tell' suit dismissed; Judge says military can exclude gays": This article appears today in The Boston Globe. My earlier coverage is here.
Posted at 06:48 AM by Howard Bashman


Monday, April 24, 2006

"Jury Begins Deliberating Moussaoui's Fate": Neil A. Lewis will have this article Tuesday in The New York Times.

And The Washington Post on Tuesday will report that "Moussaoui's Fate Is in the Jury's Hands; Prosecution in Terrorism Case Argues for Death Sentence; Defense Asks for Life in Prison."
Posted at 10:28 PM by Howard Bashman



"2nd Circuit Revives Suit Over Man's Refusal to Work on Sunday": law.com provides this report.
Posted at 10:15 PM by Howard Bashman


"Microsoft Appeal in AT&T Case Gets High Court Inquiry": Greg Stohr of Bloomberg News provides this report.

And Reuters reports that "Top court seeks US view in Microsoft patent case."

In this post, "SCOTUSblog" links to Microsoft's cert. petition.
Posted at 09:10 PM by Howard Bashman



"High court refuses to hear Utah cross-burning case": The Salt Lake Tribune provides a news update that begins, "The U.S. Supreme Court today refused to hear the appeal of a Utah man who was convicted of violating the civil rights of an interracial Salt Lake City couple by burning a cross outside their home."
Posted at 09:04 PM by Howard Bashman


"The Ninth Circuit and the No-Cite Rule": In last Friday's edition of The Recorder of San Francisco, Law Professor Stephen R. Barnett had an essay that begins, "The U.S. Supreme Court on April 12 approved a new federal rule of appellate procedure -- Rule 32.1 -- requiring all federal courts to allow citation of their unpublished opinions."
Posted at 08:30 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Police Entry Case Heard in Supreme Court" (featuring Nina Totenberg); "Jury Deliberates on Moussaoui's Sentence"; "Gauging Effects of a Death-Penalty Change"; and "Lay Declares Innocence in Enron Trial." RealPlayer is required to launch these audio files.
Posted at 07:24 PM by Howard Bashman


"Federal judge throws out suit challenging 'Don't Ask, Don't Tell'": The Associated Press provides this report from Boston.

The Servicemembers Legal Defense Network has issued this press release in reaction to the ruling.

You can access today's ruling of the U.S. District Court for the District of Massachusetts at this link.
Posted at 07:12 PM by Howard Bashman



"Moussaoui Sentencing Trial Winds Down": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 05:50 PM by Howard Bashman


"Court: Exxon Can Be Sued in Spouse Death." The Associated Press provides a report that begins, "A retired steamfitter who claims his asbestos-contaminated work clothes caused his wife's death can sue Exxon Mobil, owner of a refinery where he worked, New Jersey's Supreme Court ruled Monday." You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 05:33 PM by Howard Bashman


This blog's "20 questions for the appellate judge" archive has a new address: The archive of those interviews now resides at this link.
Posted at 05:25 PM by Howard Bashman


"Ex-Conn. Justice: Ruling Held for Nominee." The Associated Press provides a report that begins, "Connecticut's former chief justice acknowledged Monday that he delayed the release of a recent state Supreme Court ruling to help secure the confirmation of the justice nominated to succeed him, lawmakers said."

My earlier coverage of, and links to, the ruling at issue can be accessed here.
Posted at 05:20 PM by Howard Bashman



"Scalia's mistake": In today's edition of The National Law Journal, Brian T. Fitzpatrick has an essay that begins, "Supreme Court Justice Antonin Scalia is an opinionated guy. I know. I clerked for him four years ago. Every once in a while, however, Scalia's love of intellectual engagement leads him to make a mistake. He made one of these mistakes recently."
Posted at 03:50 PM by Howard Bashman


"Closing Arguments Begin in Moussaoui Trial": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:24 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Jury Takes Up Moussaoui's Fate" and "D.C. Sniper Agrees to Let Lawyers Stand By."
Posted at 03:15 PM by Howard Bashman


"Death penalty method faulted; A human rights group report, to be released today, demands a halt to lethal injections": Claire Cooper, legal affairs writer for The Sacramento Bee, has this article today in that newspaper. At his "Sentencing Law and Policy" blog, Law Professor Doug Berman discusses the report and links to it here.
Posted at 02:10 PM by Howard Bashman


"Supreme Court Weighs Police Search Conduct": The Associated Press provides this report.
Posted at 12:45 PM by Howard Bashman


"The Booker Mess": Tenth Circuit Judge Michael W. McConnell has this article in the current issue of the Denver University Law Review.
Posted at 12:08 PM by Howard Bashman


"Legacy of the Rehnquist Court: U.S. Solicitor General Paul Clement and former Solicitors General Theodore Olson and Walter Dellinger take part in a panel discussion on the legacy of former Chief Justice William Rehnquist." This past Saturday's broadcast of C-SPAN's "America & the Courts" program can be viewed online, on demand by clicking here (RealPlayer required).
Posted at 11:54 AM by Howard Bashman


"2 high court candidates declaring stands on issues; They say practice helps inform public; others worry it undermines judiciary's impartiality": The Arkansas Democrat-Gazette today contains an article that begins, "Two candidates in next month's Arkansas Supreme Court elections are breaking with long-standing practice and running on something other than their titles and experience: They're taking stands."
Posted at 11:50 AM by Howard Bashman


"Judge: Web-Surfing Worker Can't Be Fired." The AP provides this report.
Posted at 11:28 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Gov't Begins Closing in Moussaoui Trial" and "Enron Founder Lay Denies Breaking the Law."
Posted at 10:45 AM by Howard Bashman


"Court: if It's Indian, It Can't Be Scotch." The Associated Press provides a report that begins, "An Indian court has ruled that Indian whiskey manufacturers cannot use the words 'Scot' or 'Scotch' to describe their products, in compliance with World Trade Organization rules, a newspaper reported Monday."

You can access last Thursday's ruling of the High Court of Delhi at this link.
Posted at 10:10 AM by Howard Bashman



Today's U.S. Supreme Court Order List: You can access today's Order List at this link. The Court granted review in no new cases today but called for the views of the Solicitor General in one case.

The Court today also issued a very brief per curiam opinion in Salinas v. United States, No. 05–8400.

In addition, Justice John Paul Stevens issued a statement respecting the denial of certiorari in Moreland v. Federal Bureau of Prisons, No. 05-8268.

In early news coverage, The Associated Press reports that "Court Won't Hear Fight Over Jesus Poster."

And at "SCOTUSblog," Lyle Denniston has a post titled "No new grants."
Posted at 10:03 AM by Howard Bashman



U.S. Court of Appeals for the Sixth Circuit denies rehearing en banc in ACLU of Kentucky v. Mercer County, Kentucky: Five judges dissented from today's denial of rehearing en banc in this lawsuit challenging a governmental Ten Commandments display.

My earlier coverage of the three-judge panel's ruling from December 2005 can be accessed here.
Posted at 09:58 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Supreme Court Hears Case on Police Entry Rights" (featuring Nina Totenberg) and "Closing Arguments Begin in Moussaoui Sentencing Trial." RealPlayer is required to launch these audio segments.
Posted at 09:00 AM by Howard Bashman


"Televise Supreme Court arguments": Nat Hentoff has this op-ed today in The Washington Times.
Posted at 08:54 AM by Howard Bashman


"Risk Management: How Republicans use Roe to their benefit." Law Professor Cass R. Sunstein has this essay online today at The New Republic.
Posted at 08:50 AM by Howard Bashman


"Homeless and sleepless": This editorial appears today in The Boston Globe.

And the brand new installment of my "On Appeal" column for law.com is headlined "Arresting the Homeless Is Unconstitutional? Where the 9th Circuit Went Wrong." As an added enticement, the essay currently contains a typo.
Posted at 07:35 AM by Howard Bashman



"Double Standards": Today in The New York Sun, John Leo has an op-ed that begins, "Last week was a tough one for Stephen Reinhardt, the most liberal judge on the most liberal federal circuit (Ninth)."
Posted at 07:32 AM by Howard Bashman


"Florida's execution method disputed; A man on Florida's Death Row for killing a police officer says the state's execution method can cause excruciating pain; The high court will hear arguments Wednesday": The Miami Herald contains this article today.

The Pensacola News Journal reports today that "Hill case hits high court; Justices to consider appeal on last-minute challenges to injection executions."

Meanwhile, from Kansas, The Wichita Eagle reports that "Court's decision will affect fate of 8; The U.S. Supreme Court this week will rehear arguments on Kansas' death penalty law."

And The Topeka Capital-Journal contains articles headlined "Death penalty returns to Supreme Court; Second case on docket Tuesday" and "Ralliers gather at tree; Planting marked state resuming death penalty."
Posted at 07:30 AM by Howard Bashman



"U.S. high court asked to void DNA ruling": This article appears today in The Harrisburg Patriot-News.
Posted at 07:23 AM by Howard Bashman


"Saving Democracy, Pupil by Pupil": Yesterday in The Washington Post, columnist David S. Broder had an op-ed that begins, "Between them, Sandra Day O'Connor and Roy Romer have had enough successful careers to satisfy half a dozen ambitious individuals."
Posted at 07:20 AM by Howard Bashman


"Flynt Faces Rowdy Law Crowd; Hustler Magazine publisher draws hisses in speech on First Amendment rights": This article appears today in The Harvard Crimson.
Posted at 07:12 AM by Howard Bashman


"Summations due, then Moussaoui's fate decided; Case nears an end after trial that took 7 weeks to determine penalty after guilty pleas on terror counts": The Richmond Times-Dispatch contains this article today.

The Los Angeles Times today contains an article headlined "Life of a Terrorist: Seeking, and Finding, His Jihad; Zacarias Moussaoui was an easy mark; Young and nearly broke, sleeping in a London shelter, he was ashamed of his past and uncertain of his future."

And The Associated Press reports that "Defense Hopes for Mercy in Moussaoui Case."
Posted at 07:10 AM by Howard Bashman



"Can the Man Who Charmed Houston Do the Same to the Enron Jury?" This article appears today in The New York Times.

The Washington Post reports today that "Enron Founder to Say He's Optimistic, Not Dishonest."

The Los Angeles Times reports that "Lay Puts Hopes in Optimism; The Enron founder is likely to testify he never deceived but saw events in a positive light."

The Houston Chronicle reports that "Words could hurt Lay on stand; Any sweeping statement about his character could revive past allegations."

And USA Today reports that "At Enron trial, all eyes turn to Lay."
Posted at 07:08 AM by Howard Bashman



In today's edition of The Los Angeles Times: Maura Dolan and Henry Weinstein report that "Concerns About Pain Put Lethal Injection on Trial."

A related op-ed, by Jamie Fellnerm is entitled "Lethal yes, painless no: The three-drug cocktail used in executions may leave prisoners suffering horribly but paralyzed, unable to say anything."

And in other news, "Activist Wants to See Judges Judged."
Posted at 07:00 AM by Howard Bashman



"At Los Angeles Times, a Columnist Who Used a False Web Name Loses His Blog": This article appears today in The New York Times. Patrick Frey, who blogs at "Patterico's Pontifications," occupies a central role in the unmasking.

And today in The Washington Post, Media Notes columnist Howard Kurtz has an essay entitled "Columnist's Blog: He Hasn't Been Himself Lately."
Posted at 06:50 AM by Howard Bashman



"Blawg Review #54": Available here, at "bk! Brandy Karl's IP blog."
Posted at 06:40 AM by Howard Bashman


Sunday, April 23, 2006

"Experts: Judge knew better." The Topeka Capital-Journal today contains an article that begins, "A first-year law student could understand this fundamental tenet of ethics. Interviews with judicial conduct experts in several states say it should have been an easy call for Kansas Supreme Court Justice Lawton Nuss to avoid speaking privately with two state senators about a lawsuit pending before the high court that involves hundreds of millions of dollars in state funding for public schools."
Posted at 08:35 PM by Howard Bashman


Equity will not aid a sexually harassed volunteer: The Associated Press, in an article headlined "SJC rules that volunteers not covered by sexual harassment law," reports on a ruling that the Supreme Judicial Court of Massachusetts issued on Friday.
Posted at 08:30 PM by Howard Bashman


"School law has Omaha on edge; Plan would create race-based districts; Legal challenges considered likely": The Kansas City Star contains this article today.
Posted at 08:27 PM by Howard Bashman


"Challenges slow U.S. executions": This article appears today in The Reno Gazette-Journal.

And The Richmond Times-Dispatch reports today that "Inmate could be executed in days; Unless Kaine or court steps in, Vinson to die by injection Thursday."
Posted at 08:15 PM by Howard Bashman



"Dems aiming to succeed Resnick cite views similar to Ohio justice": The Toledo Blade today contains an article that begins, "The two Democrats seeking to succeed retiring Justice Alice Robie Resnick on the state Supreme Court argue Ohio cannot afford to have its high court solely in the hands of Republicans for the first time in history."
Posted at 08:12 PM by Howard Bashman


"Analysis: Bush v. Gore lives." Today at "SCOTUSblog," Lyle Denniston has this post about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued on Friday.

My initial post about that ruling is here, and yesterday I collected press coverage of the ruling at this link.
Posted at 07:54 PM by Howard Bashman



"Big battle brews in small Ga. town; Supreme Court to consider suit over immigrants": The Associated Press provides this report.
Posted at 06:20 PM by Howard Bashman


"O'Connor speaks out on issues": Today's issue of The Oklahoman contains this article reporting on the newspaper's interview yesterday with Justice Sandra Day O'Connor. The newspaper has also posted online audio files from the interview titled "Early job search"; "The judiciary"; "Growing up on the ranch"; and "Public schools."

In other coverage, The Associated Press reports that "Newly Retired Justice Visits Oklahoma For Cowboy Event."
Posted at 06:12 PM by Howard Bashman



"High Court to Hear Lethal Injection Case": The Associated Press provides this report.
Posted at 06:04 PM by Howard Bashman


In Monday's edition of The Christian Science Monitor: Warren Richey will have an article headlined "Does Kansas tilt capital cases? US Supreme court is set to rehear a Kansas case that tests constitutional requirements in death-penalty sentencing."

Tomorrow's newspaper will also contain an article headlined "In police lineups, is the method the suspect?"
Posted at 05:50 PM by Howard Bashman



Philadelphia Phillies 4, Florida Marlins 2: This afternoon, my son and I had the pleasure of attending another Phillies victory. Last year's Rookie of the Year, Ryan Howard, hit two home runs for the Phils, and his first of the game now stands as the longest homer ever hit at Citizens Bank Park. The blast was measured at 496 feet, and it cleared the tall brick wall that separates center field from Ashburn Alley. A recap of the game is here, while the box score is here.
Posted at 05:45 PM by Howard Bashman


"Jury leader faced grilling": The Chicago Tribune today contains an article that begins, "Shortly after the forewoman sent U.S. District Judge Rebecca Pallmeyer a note that the jury had reached a verdict in the trial of former Gov. George Ryan, Pallmeyer summoned the woman to her office."

And The Chicago Sun-Times today contains articles headlined "Plenty of turmoil -- but no mistrial 'silver bullet'"; "When a governor goes to jail"; "'96 warrant catches up with ex-juror"; and "Tense trial had bits of unintentional comedy"; along with an op-ed by columnist Mark Brown entitled "Did defense set stage for Ryan jury turmoil?"
Posted at 09:12 AM by Howard Bashman



"Go ahead...I dare ya! With its sweeping new antiabortion law, South Dakota has 'dared' the Supreme Court, as one scholar puts it, to overturn Roe; Is this a clever legal strategy, or a reckless affront to the Constitution?" Columnist Christopher Shea has this essay today in the Ideas section of The Boston Globe.
Posted at 09:00 AM by Howard Bashman


"Lacrosse Purposes: How we fool ourselves into believing we are dispassionate about the Duke case." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:40 AM by Howard Bashman


"The Not-So United States": This article appears today in the Week in Review section of The New York Times. According to the article, "the emergence of strong state stances on social issues like same-sex marriage and abortion reflects a certain amount of political strategy and opportunism."
Posted at 12:40 AM by Howard Bashman


"Court says widow can return; Carla Freeman should not have been deported when her husband died, the 9th Circuit says": Saturday's issue of The Oregonian contained this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Friday.

And The Associated Press reports that "Court Rules in Favor of Deported Widow."
Posted at 12:33 AM by Howard Bashman



Saturday, April 22, 2006

"Court Protects Judicial Records; Justices Say Computer Databases On Crime, Vehicle Cases Off Limits": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "A sharply divided state Supreme Court ruled Friday that the judicial branch's computerized records of criminal and motor vehicle cases are exempt from disclosure under the Freedom of Information Act, in a decision that also includes a very narrow definition of which judicial records are subject to the act."

Yesterday's 4-3 ruling of the Supreme Court of Connecticut consists of a majority opinion, a concurring opinion, and a dissenting opinion.
Posted at 06:00 PM by Howard Bashman



"'Choose Life' plates put on hold; Delay granted while ACLU works on appeal to U.S. Supreme Court": The Tennessean today contains an article that begins, "A federal appeals court has delayed Tennessee's production of a specialty license plate reading 'Choose Life' while the American Civil Liberties Union pursues a legal appeal to the U.S. Supreme Court."

In response to that development, the ACLU yesterday issued a press release entitled "ACLU Hails Federal Appeals Court Ruling Delaying Production of Tennessee’s Anti-Choice License Plate."

The March 27, 2006 installment of my weekly "On Appeal" column at law.com was headlined "'Choose Life' Tags Appear Headed to Supreme Court." In the final paragraph of that column, I wrote: "I expect that the Supreme Court will overturn the 6th Circuit's ruling and will hold that Tennessee's program violates the First Amendment due to the program's viewpoint discrimination. At the end of the day, those who have seen 'Choose Life' license plates as a reason to choose litigation are likely to achieve victory in the Supreme Court."
Posted at 05:54 PM by Howard Bashman



"State questions senators about talks with justice": The Wichita Eagle today contains an article that begins, "An investigator from Attorney General Phill Kline's office has interviewed state senators about potential ethics violations by Supreme Court Justice Lawton Nuss, four senators said Friday. Nuss removed himself Thursday from the ongoing litigation over school finance after informing other justices that he spoke briefly about the case with Senate President Steve Morris, R-Hugoton, and Sen. Pete Brungardt, R-Salina, on March 1."

On Friday, The Wichita Eagle reported that "Judge pulls out of school case; A Kansas Supreme Court justice has removed himself from future discussions of the school funding case."

Meanwhile, in other coverage, The Lawrence Journal-World reports today that "Judge's lunch meeting scrutinized; Speaker calls for investigation of school discussion with lawmakers."

The Topeka Capital-Journal reports that "Details of lunch chat emerge; Senator says Justice Nuss liked idea of bipartisan school finance plan."

And The Associated Press reports that "Talks between justice, senators cause stir."
Posted at 05:40 PM by Howard Bashman



"How judge in Ryan trial juggled turmoil over jury; Transcripts reveal struggle to keep case on track": This article appears today in The Chicago Tribune, along with an article headlined "Ryan lawyers ask to talk with 2 dismissed jurors."

And The Chicago Sun-Times reports today that "Jury room drama disclosed." The Sun-Times also provides via this link access to PDF files of the trial transcript.
Posted at 03:05 PM by Howard Bashman



"Judges reject voting systems; Punch cards unconstitutional, federal appeals panel rules": The Columbus Dispatch contains this article today.

The Toledo Blade reports today that "Punch-card ballots deemed biased; Ruling against Ohio may be moot by May 2."

The Cincinnati Enquirer reports that "Court rules on punch cards."

And The Akron Beacon Journal contains an article headlined "Punch-card voting is illegal; Professor: Appellate ruling in Ohio is first in U.S. to say a state's equipment violates equal protection."
Posted at 02:05 PM by Howard Bashman



"Pennsylvania Senate Race Tests Democrats' New Abortion Tack": This article will appear Sunday in The New York Times.
Posted at 02:02 PM by Howard Bashman


"Ex-judge shares take on the confirmation process in book": Yesterday's edition of The Danville (Va.) Register & Bee contained an article that begins, "If a fortuneteller had predicted for Judge Charles Pickering how his stalled nomination for the federal Fifth Circuit Court of Appeals would leave him stuck in the middle of a polarized America, Pickering probably would have passed up the opportunity to enter the fray."
Posted at 02:00 PM by Howard Bashman


"Court tosses conviction due to lack of details": The Associated Press provides a report that begins, "A 14-year-old girl's testimony that she had a 'sexual relationship' with a man was not specific enough to sustain his conviction for carnal knowledge of a child, the Virginia Supreme Court ruled Friday." You can access yesterday's ruling of the Supreme Court of Virginia at this link.
Posted at 01:55 PM by Howard Bashman


The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Competing 'three-strikes' plans emerge; One measure adds offenses; another limits third strike to serious, violent crimes" and "Providing medical pot worth the risk, pair say."
Posted at 01:54 PM by Howard Bashman


"When the Federal Death Penalty is 'Cruel and Unusual'": This article (abstract with links for download) by Law Professor Michael Mannheimer is available online at SSRN.
Posted at 01:50 PM by Howard Bashman


"Court upholds $28 million judgment for smoker": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A state appeals court upheld $28 million in punitive damages Friday for the family of a longtime cigarette smoker who died of lung cancer, in a case that could test new legal limits on punitive awards against corporate wrongdoers."

You can access yesterday's ruling of California's Second District Court of Appeal at this link.
Posted at 10:02 AM by Howard Bashman



"County jail strip search illegal; Ninth Circuit rejects sheriff's blanket policy": Yesterday's issue of The Ventura County Star contained an article that begins, "A federal appeals court Thursday upheld a lower court ruling that a body-cavity check of a local woman at the Ventura County Jail was unconstitutional, a ruling that the woman's attorney said could end up costing the county millions of dollars in damages."

You can access Thursday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:55 AM by Howard Bashman



"Insanity Offense: Too often, mentally ill people and their families can't get help." The Washington Post today contains an editorial that begins, "The case of Eric Michael Clark, argued before the Supreme Court this week, presents an important question concerning how far states can go in limiting the ability of mentally ill defendants to plead insanity."
Posted at 09:50 AM by Howard Bashman


In today's edition of The New York Times: An article reports that "After 2 Years, Microsoft Set to Appeal European Ruling."

An article is headlined "In Old Mining Town, New Charges Over Asbestos."

In news from New Jersey, "Ex-Nets Star Faces Retrial for a Shooting at His Home."

And an editorial entitled "Kiss-and-Tell No More" begins, "A federal judge in Kansas has dealt another blow to the crusade by the state's attorney general, Phill Kline, to restrict abortions under the phony banner of combating child abuse."
Posted at 09:45 AM by Howard Bashman



Friday, April 21, 2006

Available online from law.com: An article headlined "Calif. Appeals Court Stretches Punitives Precedent, Upholds $28M Award Against Philip Morris" begins, "A California appellate court has defied -- or at least stretched -- precedent by upholding a $28 million punitive damages award against a major tobacco company, an amount 33 times greater than the compensatory damages." You can access today's ruling of California's Second District Court of Appeal at this link.

And the brand new installment of my weekly "On Appeal" column is headlined "Arresting the Homeless Is Unconstitutional? Where the 9th Circuit Went Wrong."
Posted at 10:45 PM by Howard Bashman



"Some Additional Thoughts on the Sixth Circuit Opinion in Stewart v. Blackwell, and the Future of Bush v. Gore in Elections": Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 10:10 PM by Howard Bashman


"Ryan lawyers called jurors liars": The Chicago Tribune today contains an article that begins, "Lawyers for former Gov. George Ryan argued that jurors who failed to disclose arrests, including some that occurred more than 20 years ago, were liars who could not be trusted to render a fair verdict, according to newly unsealed court filings."
Posted at 05:50 PM by Howard Bashman


"Poritz buries court criticism; Downgrades ruling to unpublished": The New Jersey Lawyer recently published an article that begins, "In a highly unusual move, Chief Justice Deborah T. Poritz has personally seen to it - with input from other justices - that an Appellate Division decision highly critical of the way judges are pressured from the top to wrap up cases quickly was reclassified as an 'unpublished' rather than 'published' opinion." The opinion in question of the Superior Court of New Jersey, Appellate Division, can be accessed here.
Posted at 05:48 PM by Howard Bashman


In the current issue of The Harvard Law Record: The newspaper contains articles headlined "Navajo Supreme Court Holds Oral Arguments at HLS" and "2nd Circuit Judge Weighs in on Presidential War Powers."
Posted at 05:45 PM by Howard Bashman


"Appeals Court Rules Against Islanders": The Associated Press provides a report that begins, "A federal appeals court said Friday it is powerless to grant compensation to people forced from their homes on Indian Ocean islands because of the U.S. military base at Diego Garcia." My earlier coverage is here.
Posted at 05:14 PM by Howard Bashman


"Is a church subject to vicarious liability for tortious acts of its pastor under the Restatement (Second) of Agency § 219(2)(d) if the pastor was allegedly 'aided in accomplishing the tort by the existence of the agency relation' with the church?" In a diversity case in which a plaintiff seeks to hold a church liable for sexual molestation allegedly suffered at the hands of the pastor, the U.S. Court of Appeals for the Second Circuit today issued a decision certifying the foregoing issue to the Supreme Court of Vermont.
Posted at 05:04 PM by Howard Bashman


Love v. Justice to be decided on the briefs: According to the calendar of cases pending before the U.S. Court of Appeals for the Federal Circuit, this potentially precedent-setting matter of great import to humanity will be submitted on June 6, 2006. Thanks much to the reader who brought this case to my attention.
Posted at 04:44 PM by Howard Bashman


Every Justice Antonin Scalia bobblehead doll certificate expires at the end of 2006: The Green Bag's web site links to the web site of Phi Alpha Delta – Mason Chapter, where you will find a link to a Microsoft Word document providing details on how you can have "the membership of Phi Alpha Delta ... act as your proxy in redeeming your Certificate(s)" and then package and ship to you "your Bobblehead Doll with the love and care deserving of such an artistic treasure," all for a mere $25 per doll.

To be sure, it would probably be even more fun to pick up your Scalia bobblehead in person or have a member of the U.S. Supreme Court's press corps graciously offer to do it for you, but this latest option should provide needed relief to those who are viewing with concern the impending expiration date on their Scalia bobblehead certificates.
Posted at 04:12 PM by Howard Bashman



"Frist Ready To Tee Up The Next Floor Fight Over Judges": The Republican National Lawyers Association's "Judicial Confirmation Blog" links here to an article published yesterday in National Journal's Congress Daily PM.
Posted at 03:35 PM by Howard Bashman


"Apple Trade Secrets Case Under Close Examination in Court": From California, The Recorder provides a report that begins, "A 6th District Court of Appeal panel expressed serious concerns Thursday with Apple Computer's two-year quest to find out who leaked trade secret information to online blog sites."

Earlier today, I collected at this link additional press coverage of yesterday's oral argument.
Posted at 03:12 PM by Howard Bashman



"Ryan Juror Told Judge of Personal Attacks": The Associated Press provides this report.
Posted at 03:10 PM by Howard Bashman


Third Circuit reiterates that its non-precedential opinions aren't precedent: The discussion appears on pages 16-17 of this precedential opinion that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 02:55 PM by Howard Bashman


"Sixth Circuit Holds Ohio Voting Systems Unconstitutional": Law Professor Dan Tokaji, co-counsel for the prevailing parties in today's Sixth Circuit ruling, has this post at his "Equal Vote" blog.
Posted at 01:24 PM by Howard Bashman


"Court Says Jayson Williams Can Be Retried": The Associated Press provides a report that begins, "Former NBA star Jayson Williams can be retried on a reckless manslaughter charge stemming from the shooting death of a hired driver at the player's estate, an appeals court ruled Friday."

You can access today's unpublished ruling of the Superior Court of New Jersey, Appellate Division, at this link.
Posted at 11:20 AM by Howard Bashman



"Islanders Sue U.S. Over Relocation": Back in December 2001, The Washington Post published a small item that begins, "A group of indigenous people who say they were forced from their archipelago when the United States assumed control of Diego Garcia and the Chagos Islands in the 1960s sued the government in U.S. District Court yesterday, alleging genocide, torture and forced relocation."

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit has affirmed the dismissal of the lawsuit. According to the court's opinion, written by Circuit Judge Janice Rogers Brown, "We affirm the district court's decision, finding that Appellants' claims present nonjusticiable political questions."

An internet search led me to this web page, which appears to offer access to the federal district court's ruling and also to other documents filed in the district court.
Posted at 11:08 AM by Howard Bashman



"While it is always nice to have one's law review articles discussed by the courts (that is, after all, one of my main audiences when writing), the dispute between the majority and the dissent over how to best read my conclusions is more heated than I have ever seen." At his "Election Law" blog, Law Professor Rick Hasen offers these initial thoughts on today's ruling of the U.S. Court of Appeals for the Sixth Circuit. My earlier coverage of that ruling is here.
Posted at 10:54 AM by Howard Bashman


"Lawyer dies in Wake court; No defibrillators available on site": The News & Observer of Raleigh, North Carolina today contains an article that begins, "A lawyer arguing a drunken driving case at the Wake County Courthouse died Thursday, apparently of a heart attack. Tom Farris, 57, a Wilson defense lawyer, collapsed about 11:30 a.m. and died despite efforts to resuscitate him in the courtroom. The courthouse -- a weekday gathering place for hundreds -- does not have a defibrillator."
Posted at 10:45 AM by Howard Bashman


Divided three-judge Sixth Circuit panel invalidates state-election practices on the basis of Bush v. Gore's equal protection holding: Today's ruling of the U.S. Court of Appeals for the Sixth Circuit -- examining the claim that "the use of unreliable, deficient voting equipment, including the punch card ballot, in some Ohio counties but not other counties violates the Equal Protection Clause of the Fourteenth Amendment" -- can be accessed here. A law review article about the Bush v. Gore decision by Professor Rick Hasen, author of the "Election Law" blog, receives much attention from both the majority and dissenting opinions.
Posted at 09:45 AM by Howard Bashman


In this week's coverage of the U.S. Supreme Court from the PBS program "The NewsHour with Jim Lehrer": Wednesday's broadcast contained a segment entitled "Insanity Defense on Trial" (transcript with links to audio and video).

And Monday's broadcast contained a segment entitled "Retaliation Case in High Court" (transcript with links to audio and video).

Both segments featured Marcia Coyle of The National Law Journal.
Posted at 09:33 AM by Howard Bashman



"Half-Life: What if Roe is overturned?" Ramesh Ponnuru will have this essay in the May 1, 2006 issue of The New Republic.
Posted at 08:50 AM by Howard Bashman


"The Core of the Case Against Judicial Review": Law Professor Jeremy Waldron has this essay in the April 2006 issue of The Yale Law Journal.
Posted at 08:45 AM by Howard Bashman


"Brown executed for 1983 murder; The execution was to be first to use monitor to measure inmate's level of consciousness": The News & Observer of Raleigh, North Carolina contains this article today.
Posted at 08:30 AM by Howard Bashman


"Which Picture of Skilling Will Enron Jurors Believe?" This article appears today in The New York Times.

The Washington Post today contains an article headlined "Two Takes on Skilling's Character; Lawyers Probe Enron Chief's Investments; Witnesses Buttress Defense."

The Los Angeles Times reports that "Skilling Lives Up to His Billing."

USA Today reports that "Skilling's testimony closes with ex-girlfriend gaffe; Board wasn't told of deal."

And The Houston Chronicle contains articles headlined "Skilling laments 'tough 6 years'; Former CEO ends his testimony by again denying all the allegations" and "How did he do? Experts weigh the effectiveness of Skilling's demeanor on the witness stand."
Posted at 07:32 AM by Howard Bashman



"Prosecutors Concede Doubts About Moussaoui's Story": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Moussaoui, Shoe Bomber Link Called 'Highly Unlikely' by FBI."

The Los Angeles Times reports that "Expert Counters Insanity Claim; Zacarias Moussaoui has a personality disorder but is not schizophrenic, a psychiatrist says in testimony that may help the case for execution."

And The Richmond Times-Dispatch reports that "Prosecutors doubt claim; Feds have no proof that Moussaoui, Reid conspired before 9/11."
Posted at 07:28 AM by Howard Bashman



"U.S. Suffers Setback in Case Of Alleged Enemy Combatant": The Washington Post today contains an article that begins, "With one of his fellow detainees transferred to a criminal court and another deported to Saudi Arabia, the last man held as an enemy combatant on U.S. soil is poised to take center stage in the ongoing fight over presidential powers in a time of war."
Posted at 07:20 AM by Howard Bashman


"Detroit judge is suspended, ordered to see psychiatrist; Ruling stems from 2005 parking flap": The Detroit Free Press contains this article today.

And The Detroit News reports today that "Court suspends Detroit judge; David Bradfield was subject of many complaints about his tantrums on the bench."
Posted at 07:12 AM by Howard Bashman



"Attorney: Case against Convertino undercut; Analysis of photos in terrorism case conflicting, he says; feds say they can show ex-prosecutor lied." This article appears today in The Detroit News.

And The Associated Press reports that "Bungled Terror Case Taking New Twist."
Posted at 07:10 AM by Howard Bashman



"Gonzales calls for mandatory Web labeling law": Declan McCullagh of c|net News.com provides a report that begins, "Web site operators posting sexually explicit information must place official government warning labels on their pages or be imprisoned for up to 5 years, the Bush administration proposed Thursday."
Posted at 07:05 AM by Howard Bashman


"Bush Counsel May Be Next in Shake-Up": The New York Times today contains an article that begins, "Joshua B. Bolten, the new White House chief of staff, has raised the possibility of moving Harriet E. Miers from her job as President Bush's counsel as part of a continuing shake-up of the West Wing, an influential Republican with close ties to Mr. Bolten said Thursday."
Posted at 07:00 AM by Howard Bashman


"Rosemead recall has new legal life": The Whittier Daily News today contains an article that begins, "An effort to recall Mayor Gary Taylor and Councilman Jay Imperial could be revived because a court decision Thursday undermines Imperial's legal challenge to the recall petition against him. Chief Judge Mary Schroeder of the 9th Circuit Court of Appeals ordered the case of Padilla v. Lever to be heard by a panel of 11 judges. In Padilla v. Lever, a three-judge panel of the 9th Circuit appeals court ruled last September that recall petitions circulated only in English violate the voting rights act."

And The Los Angeles Times reports that "Court Will Rehear O.C. Petition Case."
Posted at 06:54 AM by Howard Bashman



"Judges take a few swipes at Apple's arguments; Appeal up against First Amendment rights in bid to find who leaked confidential information": Today in The San Jose Mercury News, Howard Mintz has an article that begins, "A state appeals court in San Jose on Thursday appeared openly hostile to Apple Computer's attempts to pry information from bloggers that would reveal who may have leaked confidential information on a new company product. In a lively two-hour session, a panel of 6th District Court of Appeal justices repeatedly interrupted Apple lead attorney George Riley, questioning whether the company had valid reasons to sacrifice privacy and First Amendment rights in its quest to find out the source of the leak." Earlier this week, Mintz previewed the oral argument in an article headlined "San Jose court to weigh blogger's rights."

In other coverage, The San Francisco Chronicle reports today that "Apple tries to keep its secrets; Firm argues no one has right to publish insider details."

And Ina Fried and Declan McCullagh of c|net News.com report that "Apple argues for blogger records."
Posted at 06:50 AM by Howard Bashman



"High Court Dismisses 'Friends' Harassment Lawsuit; An assistant on the show had sued because she found the speech of some writers offensive": Maura Dolan has this article today in The Los Angeles Times.

And in The San Francisco Chronicle, Bob Egelko reports that "Calif. high court rules offensive language is not sexual harassment."
Posted at 06:40 AM by Howard Bashman



"Court Lets Schools Ban Inflammatory T-Shirts; A federal appeals panel rules that an anti-gay slogan sported by a San Diego-area high school student interfered with others' right to learn": Henry Weinstein has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Public schools can ban anti-minority messages."

The San Diego Union-Tribune reports that "Poway student's request rejected; Appeals court rules in anti-gay T-shirt case."

And The North County Times contains an article headlined "Court: Schools can bar some speech."
Posted at 06:35 AM by Howard Bashman



Thursday, April 20, 2006

Available online from law.com: Mike McKee has articles headlined "Calif. Supreme Court Backs 'Friends' Writers in Harassment Case" and "Calif. Justices Let Stand Microsoft Settlement and Millions in Attorney Fees."
Posted at 10:48 PM by Howard Bashman


"Religious Tests in the Mirror: The Constitutional Law and Constitutional Etiquette of Religion in Judicial Nominations." Law Professor Paul Horwitz has posted this paper (abstract with link for download) at SSRN. And at "PrawfsBlawg," he has this related post.
Posted at 10:14 PM by Howard Bashman


It's like deja-vu, all over again: For those readers who arrived here at various times this afternoon and early evening in search of new content and found, instead, that the most recent post was from Tuesday, April 18, 2006, let me offer my apologies. The (rather humorous) cause of that issue has been identified, and I don't expect the issue to recur. Of course, any readers who would prefer to read my posts from April 18th, you can either scroll down the page or simply click here.
Posted at 09:15 PM by Howard Bashman


"ADF attorneys plan to appeal 'extremely poor' ruling from 9th Circuit in Poway 'T-shirt' case": The Alliance Defense Fund issued this press release today.

And at "The Volokh Conspiracy," Eugene Volokh has a related post titled "Sorry, Your Viewpoint Is Excluded from First Amendment Protection." My earlier coverage is here.
Posted at 09:03 PM by Howard Bashman



"Bloggers-Meet-Readers on Thursday, April 27, 9 pm, in Cambridge, Massachusetts": Eugene Volokh has this post at "The Volokh Conspiracy." I'll be among the many, many law bloggers in attendance, and Eugene's post contains a list of all the law bloggers who currently plan to attend.

The papers that will be discussed at next Friday's conference at Harvard are available via this link.
Posted at 08:50 PM by Howard Bashman



"Georgia OKs Bible Classes, Commandments": The Associated Press provides this report.
Posted at 08:48 PM by Howard Bashman


"Calif. high court rules offensive language is not sexual harassment": Bob Egelko of The San Francisco Chronicle provides this news update.
Posted at 05:15 PM by Howard Bashman


"Court Rules Against Gay-Bashing T-Shirts": Henry Weinstein of The Los Angeles Times provides this news update.
Posted at 05:14 PM by Howard Bashman


"A new challenge to Roper": At "SCOTUSblog," Lyle Denniston has this post about the pending petition for writ of certiorari filed by the State of Alabama in Alabama v. Adams.

The Supreme Court of Alabama's decision that gives rise to the cert. petition is the very same ruling that led recused Justice Tom Parker, in an op-ed published in The Birmingham News, to harshly criticize his non-recused colleagues for the decision they reached. Earlier press coverage of this matter can be accessed here and here, while related editorials from Alabama newspapers can be accessed here and here.
Posted at 04:20 PM by Howard Bashman



"Duff Chosen to Manage Judicial Branch; Managing partner at Baker Donelson named as the next director of the Administrative Office of the U.S. Courts": law.com's Tony Mauro provides this news update.
Posted at 04:10 PM by Howard Bashman


Access online the audio of today's oral argument in the U.S. Court of Appeals for the Eighth Circuit in Planned Parenthood v. Rounds: You can access the audio by clicking here (Windows Media format).

According to the web site of the South Dakota Attorney General, "Planned Parenthood filed a lawsuit in June of 2005, challenging the amendments to the state's informed consent statute pertaining to abortions. The Plaintiffs are challenging the provisions of the new informed consent statute which require, among other things, that the abortion provider advise the prospective patient, in writing, that the abortion will terminate the life of a whole, separate, unique, living human being." Now before the Eighth Circuit is South Dakota's appeal from a federal district judge's entry of a preliminary injunction against certain provisions of this law.
Posted at 03:58 PM by Howard Bashman



On remand for reconsideration in light of in Gonzales v. Raich, three-judge Eleventh Circuit panel disavows its earlier decision holding unconstitutional as exceeding the U.S. Congress's power under the Commerce Clause a law making intrastate possession of child pornography a federal crime: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Today's ruling affirms the defendant's criminal conviction.

Back in October 2004, the identical three-judge panel had reversed the defendant's conviction, holding that based on the facts of the case the conviction "amount[ed] to an unconstitutional exercise of the Commerce Clause." You can access the original ruling here, and my coverage of that ruling from October 2004 is here.
Posted at 03:50 PM by Howard Bashman



"Appeals court denies inmate's request": The Raleigh News & Observer provides an update that begins, "Death row inmate Willie Brown Jr.'s execution is set to go forward at 2 a.m. Friday after a federal appeals court denied his request for a delay today."

Fourth Circuit Judge M. Blane Michael dissented from the three-judge panel's order, and in his dissenting opinion Judge Michael writes, "The clear weight of evidence, however, reveals that the State's use of the BIS monitor will not adequately ensure that Brown will remain unconscious throughout his execution."
Posted at 03:33 PM by Howard Bashman



"Not So Friendly Amici: Look who's filing Supreme Court briefs now." Daveed Gartenstein-Ross has this essay in the April 24, 2006 issue of The Weekly Standard.
Posted at 03:15 PM by Howard Bashman


"The Abuse Excuse: Zacarias Moussaoui's lawyers float the 'Impoverished French Muslim Syndrome.'" Law Professor Alan M. Dershowitz has this jurisprudence essay online at Slate today.
Posted at 03:11 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Appeals Court Weighs Abortion Law Question"; "Defense Rests in Moussaoui Sentence Trial"; and "Ex-Enron CEO Skilling Reiterates Innocence."
Posted at 03:08 PM by Howard Bashman


Learn who will be recommending the denial of your cert. petitions next Term: At the blog "Prettier Than Napoleon," Amber Taylor provides an "updated list of the OT 2006 Supreme Court clerks."
Posted at 03:04 PM by Howard Bashman


"State Supreme Court removes Detroit judge from bench; Psychiatric exam ordered for Judge Bradfield": The Detroit Free Press provides this news update.

And The Detroit News provides an update headlined "Detroit judge ordered to get psychiatric exam."
Posted at 02:38 PM by Howard Bashman



The Associated Press is reporting: David Kravets has an article headlined "Court Rejects 'Friends' Trash Talk Case."

And in other news, an article headlined "Mich. High Court Suspends District Judge" begins, "The state Supreme Court ordered a psychiatric exam Thursday for a judge accused of violating the state judicial code by cursing at Detroit Deputy Mayor Anthony Adams when he parked in a spot reserved for judges."
Posted at 02:35 PM by Howard Bashman



On the menu at this martial arts banquet -- pain and suffering: Because that is to be expected at a martial arts banquet, today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit affirms the entry of summary judgment against a plaintiff who sustained serious bodily injury during a friendly post-dinner demonstration. You can access the ruling at this link.
Posted at 02:30 PM by Howard Bashman


"Gov't Concedes No Moussaoui-Reid Evidence": The Associated Press provides this report.
Posted at 01:33 PM by Howard Bashman


Ninth Circuit grants rehearing en banc in election law case of Padilla v. Lever: Today's order of the U.S. Court of Appeals for the Ninth Circuit can be accessed here.

You can access the original three-judge panel's ruling in the case at this link. Law Professor Rick Hasen's "Election Law" blog recently noted that rehearing en banc in Padilla was a good possibility. I would expect to see coverage of today's developments soon at Rick's blog.
Posted at 01:25 PM by Howard Bashman



"May a public high school prohibit students from wearing T-shirts with messages that condemn and denigrate other students on the basis of their sexual orientation?" Ninth Circuit Judge Stephen Reinhardt, writing for the majority on a three-judge panel, today issued an opinion that begins:
May a public high school prohibit students from wearing T-shirts with messages that condemn and denigrate other students on the basis of their sexual orientation? Appellant in this action is a sophomore at Poway High School who was ordered not to wear a T-shirt to school that read, "BE ASHAMED, OUR SCHOOL EMBRACED WHAT GOD HAS CONDEMNED" handwritten on the front, and "HOMOSEXUALITY IS SHAMEFUL" handwritten on the back. He appeals the district court's order denying his motion for a preliminary injunction. Because he is not likely to succeed on the merits, we affirm the district court's order.
Circuit Judge Alex Kozinski dissents in an opinion that begins:
While I find this a difficult and troubling case, I can agree with neither the majority's rationale nor its conclusion. On the record to date, the school authorities have offered no lawful justification for banning Harper's t-shirt and the district court should therefore have enjoined them from doing so pending the outcome of this case. Harper, moreover, raised a valid facial challenge to the school's harassment policy, and the district court should have enjoined the policy as well.
These opinions in Harper v. Poway Unified School District issued today in typescript format.
Posted at 01:20 PM by Howard Bashman


"Roberts Names Federal Court Administrator": Gina Holland of The Associated Press provides this report.
Posted at 01:05 PM by Howard Bashman


"Based on the totality of the undisputed circumstances, particularly the fact the Friends production was a creative workplace focused on generating scripts for an adult-oriented comedy show featuring sexual themes, we find no reasonable trier of fact could conclude such language constituted harassment directed at plaintiff because of her sex within the meaning of the FEHA." The Supreme Court of California's unanimous decision today in Lyle v. Warner Brothers Television Productions can be accessed here.
Posted at 01:02 PM by Howard Bashman


"Jane Doe" a no-go: The Associated Press provides a report headlined "Judge Dismisses Sex Video Privacy Lawsuit" that begins, " An invasion of privacy lawsuit filed by a woman who claims she participated in a sex video with Scott Stapp and Kid Rock was dismissed by a judge who said the woman cannot sue if she remains anonymous."
Posted at 11:50 AM by Howard Bashman


"Case takes students to Supreme Court": The Yale Daily News today contains an article that begins, "In sifting through their inboxes last spring, 10 Yale Law School students came across an e-mail unlike any they had received before. The author, Neal Katyal LAW '95, had a favor to ask. Help me to defend Osama Bin Laden's former driver, he said. And spend hours every week doing so, on top of rigorous law school classes and summer internships."
Posted at 11:40 AM by Howard Bashman


Just another fun-filled day of collegiality on the Supreme Court of Alabama: Yesterday's issue of The Decatur Daily contained an article headlined "Tom Woodall criticizes Justices Parker, Moore" that begins, "Justice Tom Woodall isn't running against Justice Tom Parker or former Chief Justice Roy Moore in the June primaries, but he reserves his most pointed criticisms for them, not his Republican opponent."
Posted at 11:23 AM by Howard Bashman


"South Dakota abortion case heard by appeals court": The Associated Press provides a report that begins, "The 8th Circuit U.S. Court of Appeals in St. Louis was to hear a challenge Thursday to South Dakota's law requiring abortion doctors to warn patients about abortions." The article later notes that "A day before the measure became law last summer, U.S. District Judge Karen Schreier in Rapid City, S.D., ruled it was an unconstitutional violation of free speech, and issued a preliminary injunction to block the law."

Via the Eighth Circuit's web site, you can access the appellate briefs at this link. The three-judge panel assigned to the case consists of Circuit Judges Diana E. Murphy, Michael J. Melloy, and Raymond W. Gruender. Once that court posts online the oral argument audiotape, I will link to it.
Posted at 11:08 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Sept. 11 Families Make Feelings Felt at Moussaoui Trial" and "Pentagon Releases Names of Guantanamo Prisoners" (RealPlayer required).
Posted at 10:05 AM by Howard Bashman


With Friends like these: As I noted here yesterday evening, the Supreme Court of California has announced that today it will issue its much-anticipated ruling in Lyle v. Warner Brothers Television Productions.

Earlier coverage of the case from law.com can be found in articles headlined "Crass or Creative? Harassment Case Involving 'Friends' Sitcom Reaches Calif. Justices" and "Calif. Justices Hit Rewind on 'Friends' Suit."
Posted at 08:50 AM by Howard Bashman



Thanks for visiting the new online home of "How Appealing," now hosted by law.com: For those of you who wish to access this blog using its RSS feed via a news reader (such as this one) or a service such as Bloglines, you can do so by using this link.
Posted at 07:30 AM by Howard Bashman


"Jury Hears 9/11 Relatives Against Killing Moussaoui": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Moussaoui Gets Some Unusual Help; Some 9/11 Relatives Testify for Defense."

The Los Angeles Times reports that "Families of 9/11 Victims Testify for Moussaoui; His defense hopes some relatives' messages of healing will soften the jury deciding his fate."

And The Richmond Times-Dispatch reports that "Moussaoui jury urged to resist impulse for revenge."
Posted at 07:24 AM by Howard Bashman



"In Last Day of Cross-Examination, Skilling Goes Out Fighting": The Washington Post contains this article today.

The New York Times reports today that "Prosecutor Suggests Skilling Lied About Why He Quit."

The Los Angeles Times reports that "Prosecutor, Skilling Duel Over Trading; Enron's ex-CEO denies that he lied in public statements about the California energy crisis."

The Houston Chronicle reports that "Prosecutor accuses Skilling of lying about reason he left."

And USA Today reports that "Skilling asked about reasons for departure; Executive left four months before Enron bankruptcy."
Posted at 07:15 AM by Howard Bashman



"Ryan's lawyers took aim at jurors; Unsealed filings show bid to dump 4 others": This article appears today in The Chicago Tribune, along with an article headlined "Ryan jury shake-up could stand up on appeal, experts say."

And The Chicago Sun-Times today contains articles headlined "Defense challenged 8 jurors" and "Radio caller isn't talking much now." In addition, columnist Mary Mitchell has an essay entitled "Let's hope we've seen the last of the lying juror." Columnist Mark Brown has an essay entitled "Ryan jurors could probably use trip to Jamaica." And columnist Michael Sneed has an essay entitled "Ryan back home in Kankakee."
Posted at 07:10 AM by Howard Bashman



On the editorial page of The Los Angeles Times: In today's newspaper, an editorial entitled "Not the cardinal's rules" begins, "His last-ditch appeal to the U.S. Supreme Court rejected, Cardinal Roger M. Mahony may soon find himself at the mercy of a far less exalted body: the civil jury."

And an editorial entitled "Judging juries" begins, "You don't have to be A social scientist to realize that racially diverse juries might engage in more give-and-take than homogeneous ones." The editorial proceeds to describe Justice Stephen G. Breyer as carrying on "a lonely campaign ... to make it easier to impanel juries that are more reflective of the community."
Posted at 07:00 AM by Howard Bashman



"Trial Starts for Man Who Knew Hijackers": The New York Times today contains an article that begins, "More than four years after charges were filed, a Jordanian college student went on trial yesterday in Manhattan federal court, accused of lying to a grand jury that was investigating the Sept. 11 attacks. The trial tests the government's practice of long detention of witnesses in terror cases."

My earlier coverage of this case can be accessed here.
Posted at 06:45 AM by Howard Bashman



"Online Registry Or Target List? A Stranger Kills Two Sex Offenders Among 34 He Looked Up in Maine." This article appears today in The Washington Post.
Posted at 06:40 AM by Howard Bashman


"Arizona's Strict Approach to Insanity Defenses Gets a Hearing Before the Supreme Court": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Supreme Court to Review Insanity Defense."

David G. Savage of The Los Angeles Times reports that "Insanity-Based Defense Tested in High Court; Arizona argues that a schizophrenic knew right from wrong and can be jailed for murder."

In USA Today, Joan Biskupic reports that "Justices weigh when defendants can assert insanity."

Patty Reinert of The Houston Chronicle reports that "Supreme Court hears arguments on insanity defense; Case could affect way mentally ill defendants are treated nationwide."

And The Arizona Republic reports that "U.S. justices look at Ariz. killing; Murderer's intent focus of insanity case."
Posted at 06:35 AM by Howard Bashman



"Twenty-first Century Religion and the Backlash Against Women's Autonomy: Three Recent Events that Show that Women's Freedom Is Imperiled." FindLaw commentator Marci Hamilton has this essay today.
Posted at 06:28 AM by Howard Bashman


Available online from law.com: Tony Mauro reports that "Supreme Court Examines Insanity Defense."

Marcia Coyle reports that "High Court to Enter Illegal Worker Debate in RICO Case."

Shannon P. Duffy reports that "3rd Circuit Allows Age Discrimination Suit to Continue."

And in other news, "Morgan Lewis Partners Get a Hollywood Ending; Attorneys' pro bono crusade will be turned into a film starring Matt Damon and Ben Affleck."
Posted at 06:25 AM by Howard Bashman



Welcome to the new home of "How Appealing": Thanks to Betsy Vardell of rubystudio, which operates the servers on which "How Appealing" resides, for making the switch to law.com go so smoothly, and to all the folks at law.com who were involved in the planning and template design. Although there are still a few minor functionality issues to be resolved, the new site is already off to a great start.
Posted at 12:00 AM by Howard Bashman


Wednesday, April 19, 2006


At midnight, this blog is moving to its new online home: Following two wonderful years during which this blog was hosted at the Legal Affairs web site, effective Thursday, April 20, 2006 "How Appealing" will be hosted by law.com. This blog's new address effective at midnight is http://howappealing.law.com. Please adjust your bookmarks accordingly.

Also moving to law.com will be this blog's entire archives, stretching back to May 6, 2002, and this blog's "20 questions for the appellate judge" interview archives.

I wish all of my friends at Legal Affairs all the best for the future, and I thank them for their kindness over the past two years. At the same time, I am very much looking forward to the next two years -- and perhaps longer -- during which time "How Appealing" will be hosted by law.com.

My most sincere thanks of all, however, are reserved for this blog's readers, because without you this blog would not continue to exist. I thank you for reading, and I hope you will visit often at this blog's new address.
Posted at 10:00 PM by Howard Bashman




"Under these circumstances, we determine that we are most faithful to the Fourth Amendment and to the doctrine of the regulatory search exception to the warrant requirement if we conclude that this search and seizure are constitutionally infirm and exclude the fruits of the search and seizure." The U.S. Court of Appeals for the Tenth Circuit issued this interesting regulatory search-Fourth Amendment decision today. The decision vacates the criminal conviction of the defendant, who was found to be in possession of twenty-three kilograms of cocaine hidden amidst building materials in his truck's bed.
Posted at 09:04 PM by Howard Bashman



"The real Al-Arian: In the plea deal signed by Sami Al-Arian, the former USF professor is revealed as a moral and academic fraud who helped jihadists and then lied about it." This editorial appears today in The St. Petersburg Times.
Posted at 07:55 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Insanity Defense Tested in Supreme Court" (featuring Nina Totenberg) and "On Stand, Skilling Accused of Covering Millions in Losses."

And today's broadcast of "Day to Day" contained segments entitled "Slate's Jurisprudence: Moussaoui's Insanity Defense" (featuring Dahlia Lithwick) and "Taking the Stand, Skilling Denies Accounting Fraud."

RealPlayer is required to launch these audio segments.
Posted at 07:33 PM by Howard Bashman




"A Collection of Law Review Articles Citing Legal Blogs": At "3L Epiphany," Ian Best has compiled this list.
Posted at 07:08 PM by Howard Bashman



Second Circuit holds that U.S. Parole Commission erred in imposing sentence of life imprisonment without parole on a U.S. citizen convicted of murder in the United Kingdom and transferred to the United States to serve his sentence: Under the sentence imposed in the United Kingdom, the prisoner would have been eligible for parole after serving a sentence of twenty-four years of imprisonment. You can access today's interesting ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 06:50 PM by Howard Bashman



"Each of the plaintiffs' separate copyrighted works constitutes one work for purposes of § 504(c)(1), and accordingly the defendants' infringement of thirteen copyrights by copying thirteen songs onto seven distinct CD products warrants thirteen statutory damage awards." The U.S. Court of Appeals for the Second Circuit today issued this ruling in favor of WB Music Corp. and various other plaintiffs that had filed suit alleging copyright infringement.
Posted at 06:44 PM by Howard Bashman



Issuing tomorrow from the Supreme Court of California: Thanks to a California-based reader and friend, I see that tomorrow the Supreme Court of California plans to issue its much-anticipated ruling in Lyle v. Warner Brothers Television Productions. According to that court's announcement, the case presents the questions:
Can the use of sexually coarse and vulgar language in the workplace (here, production of the Friends television show) constitute harassment based on sex within the meaning of the Fair Employment & Housing Act (FEHA) (Gov. Code, §12900 et seq.)? Does the potential imposition of liability under FEHA for sexual harassment based on such speech infringe on defendants' rights of free speech under the First Amendment or the state Constitution?
The court plans to post the opinion online at 10 a.m. pacific time tomorrow.
Posted at 06:25 PM by Howard Bashman



"No-knock case to be re-argued": Lyle Denniston has this post at "SCOTUSblog."

And The Associated Press reports that "Supreme Court to Debate Police Searches."

Today's order of the U.S. Supreme Court granting reargument in Hudson v. Michigan can be accessed here. You can access the transcript of the original oral argument in that case, from earlier this Term, at this link.
Posted at 05:45 PM by Howard Bashman




"High Court Examines Insanity Defense": law.com's Tony Mauro provides this report.

Gina Holland of The Associated Press reports that "Supreme Court Takes Up Insanity Defense."

And at "SCOTUSblog," Lyle Denniston has a post titled "Analysis: A focus on intent."
Posted at 05:30 PM by Howard Bashman




Programming note: I'll be departing momentarily to attend a family gathering for my nephew who was born eight days ago. Additional posts will appear here later today.
Posted at 11:45 AM by Howard Bashman



View the redesigned web page of the U.S. Court of Appeals for the Eighth Circuit: The redesign unveiled today can be accessed here.
Posted at 11:35 AM by Howard Bashman



"Judge says monument shall stay at courthouse; Marker on lawn is ruled as secular": This article appears today in The Toledo Blade.

And The Associated Press reports that "Judge Says Ten Commandments Can Stay."

I have uploaded a copy of yesterday's ruling of the U.S. District Court for the Northern District of Ohio at this link.
Posted at 11:05 AM by Howard Bashman




"How We Pick Our Judges: A View from the Inside." This event -- moderated by Second Circuit Judge Richard C. Wesley and featuring Leonard Leo and Eleanor Acheson -- will be held tomorrow afternoon at Cornell Law School. The event is open to the public.
Posted at 11:00 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "High Court Reviews Insanity-Defense Case" (featuring Nina Totenberg); "Moussaoui Defense Paints Picture of Mental Instability"; and "Skilling Continues to Assert Innocence at Enron Trial." RealPlayer is required to launch these audio files.
Posted at 09:30 AM by Howard Bashman



"High court to examine insanity defense; Outcome of the Arizona challenge may impact cases elsewhere, such as Andrea Yates'": Patty Reinert has this article today in The Houston Chronicle.
Posted at 07:24 AM by Howard Bashman



"Skilling's Temper Is Tested in Day 2 Under Fire": This article appears today in The New York Times.

The Washington Post reports today that "Skilling's Temper Drawn Out on Stand; Prosecutor Focuses on What Former Enron CEO Says He Doesn't Remember."

The Los Angeles Times reports that "Skilling Is Grilled on Accounting; Enron's former CEO denies suggesting that subordinates dip into reserves or hide possible losses to meet or beat Wall Street targets."

In The Houston Chronicle, Mary Flood reports that "Skilling is testy on the stand; Reserves were 'absolutely not' used as cookie jar, he says."

And USA Today reports that "Enron's Skilling loses his cool on witness stand; Defendant becomes argumentative."
Posted at 07:20 AM by Howard Bashman




"Witness Says Moussaoui Exhibited Mental Illness": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Psychologist Tells Court Moussaoui Is Delusional; Unpleasant Encounter in Cell Is Described."

The Los Angeles Times reports that "Moussaoui Is Insane, Psychologist Testifies."

And The Richmond Times-Dispatch reports that "Expert calls Moussaoui mentally ill; Testifying for the defense, a psychologist says his acts indicate schizophrenia."
Posted at 07:15 AM by Howard Bashman




"Judge rules against Kline in teen-sex case": The Wichita Eagle today contains an article that begins, "Kansas' chief law enforcement officer misread the law and in doing so threatened the sexual privacy of the state's teenagers, a federal judge in Wichita ruled Tuesday."

And The New York Times reports today that "Judge Blocks Law to Report Sex Under 16."
Posted at 07:10 AM by Howard Bashman




"Appeal of Skid Row Ruling Is Urged; LAPD's Chief Bratton wants the city attorney to challenge a court decision barring the arrest of homeless who sleep on sidewalks": This article appears today in The Los Angeles Times.
Posted at 07:00 AM by Howard Bashman



"Justices Hear Case on Right to Choose Defense Counsel": Linda Greenhouse has this article today in The New York Times.
Posted at 06:55 AM by Howard Bashman



"Court to Consider Test of Insanity Defense": Gina Holland of The Associated Press provides this report.
Posted at 06:50 AM by Howard Bashman


Tuesday, April 18, 2006


"Microsoft Cleared in Class-Action Lawsuit": The Associated Press provides this report, which at present attributes authorship of today's ruling to the wrong Fourth Circuit judge.
Posted at 10:22 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Moussaoui Defense Questions His Mental Health."

And today's broadcast of "Morning Edition" contained segments entitled "Skilling Testimony at Odds with Prosecutor's Facts"; "Former Illinois Governor Is Found Guilty of Fraud"; and "Former Professor Pleads Guilty to Terrorist Charge."

RealPlayer is required to launch these audio segments.
Posted at 10:15 PM by Howard Bashman




Even in the Fifth Circuit, a criminal defense attorney's failure to strike two members of the jury pool who expressly admitted an inability to serve as fair and impartial jurors constitutes ineffective assistance of counsel: Today's ruling of the U.S. Court of Appeals for the Fifth Circuit, reversing a federal district court's denial of the writ of habeas corpus, can be accessed at this link.
Posted at 08:40 PM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Review of displays in courts OKd; Judges to decide if buttons with victim's photo taint a fair trial"; "9th Circuit asylum decision called premature; Immigration courts must address case first"; and "Judge rules against Christian group."
Posted at 07:54 PM by Howard Bashman



"Judge rules against Kline on teen sex case": The Wichita Eagle provides a news update that begins, "A federal judge in Wichita ruled this afternoon that the Kansas attorney general overstepped the intent of lawmakers in a legal opinion concerning the sexual privacy of teenagers."

And The Associated Press reports that "Judge Rules for Kan. Abortion Rights Group."

You can access today's ruling of the U.S. District Court for the District of Kansas at this link.
Posted at 07:35 PM by Howard Bashman




Reminder of impending blog move: On Thursday, April 20, 2006, this blog will be moving to a new online address hosted by law.com. So how will you find this blog's new online address? You can come here as you ordinarily do, and when you see at the very top of this page my final post tomorrow night advising that you should visit this blog at its new online address, you can click on the link that I will provide to take you to the location where my newest posts will appear. Or, you can browse to www.appellateblog.com, which will be updated to forward you to the blog's new address once the address takes effect on Thursday, April 20th.
Posted at 06:02 PM by Howard Bashman



"Judge Allows Device to Be Used for Monitoring Lethal Injection": This article appears today in The New York Times.

And The News & Observer of Raleigh, North Carolina today contains an article headlined "Judge: State can execute Brown; The convicted killer's lawyers argued drugs used in lethal injections don't fully sedate the person."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of North Carolina at this link (via "Ohio Death Penalty Information").
Posted at 05:34 PM by Howard Bashman




"San Francisco's 1906 Earthquake and Fire Remembered": The Ninth Circuit's web site offers this commemoration of the earthquake that occurred exactly one hundred years ago today.
Posted at 05:25 PM by Howard Bashman



Judges who have cited law blogs now graciously answer questions about citing to law blogs: At "3L Epiphany," Ian Best has posts titled "Justice Judith Lanzinger (Ohio Sup. Ct.): 'The Future Will Belong to the Flexible'" and "Judge Richard Kopf (D. Nebraska): Legal Blogs Will Fill the Practicality Gap." I had the pleasure of meeting Justice Lanzinger last month during my visit to Columbus, Ohio, and (if memory serves) I had the pleasure of meeting Judge Kopf while participating in an Eighth Circuit event in St. Louis in September 2004.
Posted at 05:00 PM by Howard Bashman



"Supreme Court Debates Defendants' Right to Lawyer of Choice": law.com's Tony Mauro provides this news update.
Posted at 04:35 PM by Howard Bashman



"O'Connor: Looking Back On A Career." As noted here, this past Sunday's broadcast of the CBS Evening News included an interview with Justice Sandra Day O'Connor. Via this post today at the CBS News blog "PublicEye," you can view the interview online in two parts -- part one and part two (RealPlayer required). Additional excerpts from the interview that didn't make the broadcast can be viewed here (RealPlayer required).
Posted at 04:20 PM by Howard Bashman



"Slate's Jurisprudence: U.S. Supreme Court TV." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:38 PM by Howard Bashman



"Justices Weigh Defendants' Right to Lawyer": Gina Holland of The Associated Press provides a report that begins, "The Supreme Court used a Hollywood example - the bumbling attorney in 'My Cousin Vinny' - in debating a case Tuesday about an accused man's right to pick his own lawyer."
Posted at 03:25 PM by Howard Bashman



U.S Court of Appeals for the Fourth Circuit holds that those who purchased computers from OEMs or retailers with preinstalled software cannot sue Microsoft for allegedly using its monopoly power in the operating system market to raise prices and to leverage its power into other markets: Illinois Brick fans (and others) can access today's ruling at this link.
Posted at 03:05 PM by Howard Bashman



Today's 164-page federal appellate court ruling: The U.S. Court of Appeals for the Second Circuit stakes its claim for the longest opinion of the day. No deduction has been made to account for the fact that page 79 is blank.

Update: The Second Circuit has posted a corrected version of the opinion eliminating blank page 79, and thereby reducing the total length of the opinion by one page. For those who must see the original version containing blank page 79, FindLaw makes it available here.
Posted at 02:55 PM by Howard Bashman




"J. Clifford Wallace, a senior judge on the U.S. Court of Appeals for the Ninth Circuit, has been selected as the 2005 recipient of the Edward J. Devitt Distinguished Service to Justice Award": Details here.
Posted at 02:33 PM by Howard Bashman



"Former Illinois Governor Is Convicted in Graft Case": This article appears today in The New York Times.

The Washington Post reports today that "Ryan Guilty of Corruption; Ex-Governor of Illinois Convicted of Racketeering, Fraud."

The Los Angeles Times reports that "Former Illinois Governor Convicted of Corruption; After a lengthy trial, George H. Ryan is found guilty on all counts and faces 95 years in prison; It's another triumph for U.S. Atty. Fitzgerald."

The Chicago Tribune contains articles headlined "Ryan guilty"; "Small details painted picture of corruption"; "History will offer final verdict; Death Row stand, conviction keys in complicated career"; "Corruption case bloomed from seeds of Safe Road probe"; "A long wait, but a swift outcome; After 7-month trial, fate read in minutes"; "'We'll keep chasing them'; U.S. wins round against graft, but fight isn't over"; "Juror replacement is key to challenge"; "Panel could end $200,000-a-year pension for Ryan"; "Verdict is talk of the town where Ryan makes home"; and "Different view, different result? Disappointment and frustration."

The Chicago Tribune also contains an editorial entitled "George Ryan, convicted felon." Columnist Eric Zorn has an op-ed entitled "Verdict also in for Ryan trial cynics: You lose." And John Kass has an essay entitled "This verdict no ordinary act of justice."

The Chicago Sun-Times contains articles headlined "Guilty on all charges"; "Ryan guilty"; "Will other politicians feel 'shivers' from verdict?"; "Panel finally found common ground"; "Warner: I needed a separate trial"; "Dismissed juror: Some on panel weren't 'fair'"; "Kankakee transfixed, passionately split on verdict"; and "Parents who lost 6 kids in crash surprised by verdict."

And in commentary, The Chicago Sun-Times contains an editorial entitled "Resounding verdict shows scope of Ryan's misdeeds." Columnist Michael Sneed's has an essay reporting on his "lunch with George Ryan." Columnist Carol Marin has an essay entitled "Ryan is the latest, but likely not the last." Columnist Mark Brown has an essay entitled "Willis lawyer: 'It was always about the children.'" And columnist Mary Mitchell has an essay entitled "Six children paid ultimate price for culture of corruption."
Posted at 02:20 PM by Howard Bashman




The Miami Herald is reporting: Today's newspaper contains articles headlined "High court won't hear detained Muslims' case; The U.S. Supreme Court sidestepped the case of Guantanamo's Chinese Muslim captives, letting a lower court decide what to do about their unlawful indefinite detention" and "Broward judge orders unsealing of hidden case; A judge opened up one of the 107 Broward circuit cases mysteriously hidden since 2001, ruling the case file contained no reason for such secrecy."
Posted at 02:14 PM by Howard Bashman



"Al-Arian's plea ends an ordeal; He agreed to a single count of conspiracy to end his family's turmoil, his attorney says": This article appears today in The St. Petersburg Times.

The Tampa Tribune reports today that "Al-Arian Admits His Role In Jihad."

The Orlando Sentinel contains an article headlined "Al-Arian deal: He admits ties to terror group; The federal plea agreement links him to the Palestinian Islamic Jihad."

And The Washington Post reports that "Former Fla. Professor to Be Deported."
Posted at 02:10 PM by Howard Bashman




"The Constitutional Right to Be a Bum; More nonsense from the Ninth Circuit Court of Appeals": "Jack Dunphy" has this essay today at National Review Online.
Posted at 01:12 PM by Howard Bashman



"Rosenstein linked to vacancy on 4th Circuit; Sarbanes, Mikulski prefer he remain as U.S. attorney for Md.": This article appeared yesterday in The Baltimore Sun.
Posted at 01:10 PM by Howard Bashman



Double jeopardy does not prohibit retrial after a federal district court granted a mistrial because the criminal defendant refused to waive his right to conflict-free defense counsel but demanded that an apparently conflict-laden attorney remain as counsel: Today's ruling of the U.S. Court of Appeals for the Ninth Circuit can be accessed at this link.
Posted at 01:00 PM by Howard Bashman



"Moussaoui Mocks Psychologist's Testimony": The Associated Press provides this report.
Posted at 12:50 PM by Howard Bashman



"Justice Delayed: How Long Should an Appellate Court's Ruling Take?" You can access this month's installment of my "Upon Further Review" column, published in The Legal Intelligencer, at this link.
Posted at 11:00 AM by Howard Bashman



Another benefit of marriage -- Kentucky state prisoner serving life sentence for murder has his conviction vacated on habeas appeal to U.S. Court of Appeals for the Sixth Circuit: Today's opinion begins:
Elem Ray Fulcher, currently serving a life sentence for murder, burglary, and robbery, appeals the denial of his petition for a writ of habeas corpus. The evidence against Fulcher included statements from a police station interview with his then girlfriend, Patricia Sue Ash, taped soon after the crime. The couple later married; Ash invoked marital privilege under Kentucky law and was thus unavailable for cross-examination at Fulcher's trial. Fulcher contends that the admission of Ash's statements violated his rights under the Sixth Amendment's Confrontation Clause, according to both the clearly established law at the time and the later case of Crawford v. Washington, 541 U.S. 36 (2004), which he argues should apply retroactively. We find that the admission of Ash's statements did violate Fulcher's clearly established rights and that the error was not harmless.
In addition, Circuit Judge Eric L. Clay has filed a concurring opinion in which he argues that the Crawford ruling should be applied retroactively on habeas and that an earlier Sixth Circuit ruling apparently rejecting that result without extended discussion ought not bind future three-judge panels of that court.

Attorney Chad A. Readler briefed and argued the case on behalf of the prisoner. Coincidentally, Chad was also responsible for my visit last month to Columbus, Ohio.
Posted at 10:25 AM by Howard Bashman




View a video: The so-called second highest court in the land has finally jumped on the web video bandwagon. Via the web site of the U.S. Court of Appeals for the D.C. Circuit, you can view online video of "Judge Brown's Investiture"; "Judge Edwards's Portrait Ceremony"; and "Judge Griffith's Investiture."
Posted at 10:05 AM by Howard Bashman



"High court skips Falwell Web site case": c|net News.com provides this report.

The New York Daily News reports today that "Gay man wins Internet fight vs. Falwell."

And today's edition of The Republican of Springfield, Massachusetts contains an editorial entitled "Court backs expression in Falwell Web ruling."
Posted at 08:58 AM by Howard Bashman




"Moussaoui's Childhood Is Presented as Mitigating Factor": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Sister, Experts Testify on Moussaoui's Troubled Childhood."

The Los Angeles Times reports that "Moussaoui's Sisters Defend 'Sweetheart'; Both are mentally ill and institutionalized in France; They describe an abusive family."

USA Today reports that "Moussaoui jury told of family."

And The Richmond Times-Dispatch reports that "Moussaoui's youth detailed; Sisters testify he was a happy boy; something changed in the 1990s."
Posted at 07:25 AM by Howard Bashman




"Court OKs access to church records; But rejects case of two Muslims at Guantanamo": Charlie Savage has this article today in The Boston Globe.
Posted at 07:20 AM by Howard Bashman



"U.S. Takes First Shots at Skilling": The New York Times contains this article today.

The Washington Post reports today that "Skilling's Credibility Is on the Stand; Enron Prosecutors Hammer at Inconsistencies on First Day of Cross-Examination."

The Los Angeles Times reports that "Skilling Is Pressed on Stock Sales; Enron's former CEO defends his transactions during a contentious day on the witness stand."

Mary Flood of The Houston Chronicle reports that "Skilling cool despite intensified questioning; The ex-CEO insists he isn't tailoring answers to fit the case."

And USA Today reports that "Skilling hit with surprise questions; Outside deal, meeting with Lay disclosed."
Posted at 07:15 AM by Howard Bashman




"Free the Uighurs": This editorial appears today in USA Today.
Posted at 07:14 AM by Howard Bashman



"Right result, wrong reason": The Los Angeles Times today contains an editorial that begins, "At first glance, news that a federal appeals court has blocked Los Angeles police from arresting people for sleeping on the sidewalks may seem like a big deal."

And the newspaper today also contains an op-ed by Jan Perry entitled "ACLU's victory is a loss for skid row."
Posted at 07:10 AM by Howard Bashman




"Justices to Rule on Photos at Trial; An appeals panel threw out the conviction of a California man because family members wore buttons displaying the victim's picture in court": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:05 AM by Howard Bashman



"Justice Kennedy Goes Too Far; Misreading the Constitution in a self-serving cause": The Washington Post today contains an editorial that begins, "Justice Anthony M. Kennedy has complained recently that editorial writers seem to mouth off on his opinions without having read them. So we listened to his congressional testimony about cameras in the Supreme Court chamber with particular care to make sure we understood him properly."
Posted at 07:00 AM by Howard Bashman



"Ethics Lapses by Federal Judges Persist, Review Finds; Violations Involve Stock Holdings And Free Trips": Joe Stephens has this article today in The Washington Post.
Posted at 06:55 AM by Howard Bashman



"Justices Weigh Whether Railroad Retaliated Against Worker": Linda Greenhouse has this article today in The New York Times.

In The Washington Post, Charles Lane reports that "High Court Weighs Retaliation at Work; Harassment-Case Standard Unclear."

In USA Today, Joan Biskupic reports that "High court weighs case on retaliation in workplace; Woman transferred after harassment complaint."
Posted at 06:50 AM by Howard Bashman



Monday, April 17, 2006


"John Yoo's Tortured Logic": The May 1, 2006 issue of The Nation will contain a review by Law Professor Stephen Holmes of Law Professor John C. Yoo's book, "The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11."
Posted at 11:24 PM by Howard Bashman



"High Court Won't Hear Chinese Detainees' Case": This article will appear Tuesday in The Washington Post.
Posted at 11:05 PM by Howard Bashman



"Habeas Corpus Case Turns on Buttons Worn at Trial": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 11:04 PM by Howard Bashman



"9th Circuit Makes Up Mind in Sex Bias Case": law.com's Justin Scheck provides this report.
Posted at 10:50 PM by Howard Bashman



"The world in their sights: Flushed with success, the US anti-abortion movement is radically expanding its goals." Cristina Page has this essay in Tuesday's edition of The Guardian (UK).
Posted at 10:45 PM by Howard Bashman



"Supreme Court sidesteps case of Chinese Muslim captives": This article will appear Tuesday in The Miami Herald.

And Tuesday's edition of The International Herald Tribune reports that "High court won't free 2 detainees."
Posted at 10:44 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Supreme Court Hears Workplace Retaliation Case" (featuring Nina Totenberg); "Prosecutors Grill Skilling on Enron Debacle"; and "Former Illinois Gov. Ryan Found Guilty of Fraud." RealPlayer is required to launch these audio segments.
Posted at 10:05 PM by Howard Bashman



"Judicial Selection, Appointments Gridlock, and the Nuclear Option": Law Professors David S. Law and Lawrence B. Solum have posted their revised paper (abstract with link to download) online at SSRN.
Posted at 09:12 PM by Howard Bashman



"This case concerns whether a religious student organization may compel a public university law school to fund its activities and to allow the group to use the school's name and facilities even though the organization admittedly discriminates in the selection of its members and officers on the basis of religion and sexual orientation." Today the U.S. District Court for the Northern District of California answered "no" in a lawsuit brought by the Christian Legal Society Chapter of University of California, Hastings College of the Law. You can access today's ruling at this link. Some additional background about the case can be accessed here.
Posted at 09:05 PM by Howard Bashman



"UA policy on campus speeches ruled illegal": Saturday's issue of The Arkansas Democrat-Gazette contained an article that begins, "The University of Arkansas at Fayetteville’s policy restricting how often outside individuals or groups can speak on campus is unconstitutional, the 8th U.S. Circuit Court of Appeals ruled Friday." My earlier coverage is here.
Posted at 08:54 PM by Howard Bashman



"US detainees are no threat, but lose appeal; US Supreme Court declines to take up case of China's Uighurs, who remain at Guantanamo because they have no place to go": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 08:35 PM by Howard Bashman



"Moussaoui's Lawyers Focus on Troubled Childhood": Neil A. Lewis of The New York Times provides this news update.

And The Associated Press reports that "Moussaoui Defense Reviews Life, Childhood."
Posted at 08:33 PM by Howard Bashman




News updates available online from The Los Angeles Times: David G. Savage reports that "Supreme Court to Review Calif. Murder Trial."

And in other news, "Justices Won't Interfere With Subpoenas for Priests' Files."
Posted at 08:30 PM by Howard Bashman




"Prosecutor: Overvalued Enron assets crippled firm's liquidity." The Houston Chronicle provides this news update.
Posted at 08:24 PM by Howard Bashman



Who will speak up on behalf of the fundraising needs of organizations suspected of supporting terrorism? I count at least five judges of the U.S. Court of Appeals for the Ninth Circuit, dissenting today from an order denying rehearing en banc in United States v. Afshari. Circuit Judge Alex Kozinski wrote the dissent.

The three-judge panel's opinion, which remains the law of the Ninth Circuit, originally issued on December 20, 2004 and then experienced a few amendments from the panel, resulting in a final version that you can access here. My coverage of the panel's original ruling is at this link.
Posted at 04:35 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Court Weighs Discrimination Retaliation"; "Skilling Says His Testimony Not Rehearsed"; and "Jury Finds Former Ill. Gov. Ryan Guilty."
Posted at 04:05 PM by Howard Bashman



Programming note: I will be in court for the first part of this afternoon. Additional posts will appear after I return to the office.
Posted at 12:24 PM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "Supreme Court Won't Hear Falwell's Appeal."

And in other news, "Court Declines to Take Kissinger Lawsuit."
Posted at 12:22 PM by Howard Bashman




"Supreme Court GVR's Bill M." Law Professor Samuel R. Bagenstos has this post today at his "Disability Law" blog.
Posted at 12:20 PM by Howard Bashman



So you think that the Federal Circuit's opinions are boring: Just wait until you hear that court's oral arguments, available online via this link. The court has also posted online this related privacy notice.
Posted at 11:10 AM by Howard Bashman



"High Court Won't Interfere With Subpoenas": The Associated Press provides this report.

And The AP is also reporting that "Court Rules Against Family's Asylum Appeal."
Posted at 10:40 AM by Howard Bashman




"Hearing Is Believing; Seeing is Even Better": Today in The Daily Journal of California, Brent Kendall has an article that begins, "There was no shortage of journalists on hand in the Supreme Court two months ago when Justice David H. Souter made a comment about polluters during a debate over the Clean Water Act. But what exactly the soft-spoken New Englander said in the cavernous courtroom on Feb. 21 all depends on which news report you read."

The article provides some great examples of a central point of my law.com "On Appeal" essay published today under the headline "Should Congress Mandate Supreme Court TV? Will original understanding go high-definition?"
Posted at 10:30 AM by Howard Bashman




"Supreme Court Will Hear Court Button Case": The Associated Press provides a report that begins, "The Supreme Court said Monday it will decide if a convicted California killer deserves a new trial because the victim's family members wore photo buttons at his first trial."
Posted at 10:20 AM by Howard Bashman



Access online Chief Justice John G. Roberts, Jr.'s transmission to Congress of the amendments to the Federal Rules of Appellate Procedure scheduled to take effect on December 1, 2006: The U.S. Supreme Court's web site makes the transmittal letters forwarding the amendments available at this link.
Posted at 10:15 AM by Howard Bashman



Today's U.S. Supreme Court Order List and per curiam opinion: You can access today's Order List at this link. The Court granted review in three cases and called for the views of the Solicitor General in two other, apparently interrelated cases. In one of the cases in which certiorari was granted, both the Chief Justice and Justice Stephen G. Breyer are recused.

The Court today also summarily vacated a judgment under review from the U.S. Court of Appeals for the Ninth Circuit by means of a per curiam opinion in Gonzales v. Thomas, No. 05-552.

At "SCOTUSblog," Lyle Denniston has a post titled "Court grants three cases, acts on asylum issue."
Posted at 10:08 AM by Howard Bashman




"Guantanamo Men Lose Supreme Court Appeal" Gina Holland of The Associated Press provides a report that begins, "The Supreme Court rejected an appeal Monday from two Chinese Muslims who were mistakenly captured as enemy combatants more than four years ago and are being held at the U.S. prison in Cuba."
Posted at 10:02 AM by Howard Bashman



"Supreme Court Hears Employee Retaliation Suit": This segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:55 AM by Howard Bashman



"Blawg Review #53": Available here, at "MauledAgain."
Posted at 07:14 AM by Howard Bashman



"Should Congress Mandate Supreme Court TV? Will original understanding go high-definition?" Today's brand new installment of my weekly "On Appeal" column for law.com can be accessed here.
Posted at 07:10 AM by Howard Bashman



"Moussaoui Jury Faces a Complex Defendant; The admitted terrorist could escape execution if found mentally ill; But behind the courtroom tirades is an educated and observant person": The Los Angeles Times contains this article today.

And CNN.com reports that "Moussaoui's defense team to present case."
Posted at 07:08 AM by Howard Bashman




"Prosecution gets shot at Skilling today; Cross-examination likely to cover conflicting testimony": This article appears today in USA Today.

And The Houston Chronicle reports today that "Petrocelli making his presence known."
Posted at 07:03 AM by Howard Bashman




The New York Times is reporting: Today's newspaper contains articles headlined "Outrage at Funeral Protests Pushes Lawmakers to Act" and "A Sinister Web Entraps Victims of Cyberstalkers."
Posted at 06:52 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Justices to Debate 'Adverse' Work Changes" and "Wis. Court Mulls Usage of Victim's Letter."
Posted at 06:50 AM by Howard Bashman


Sunday, April 16, 2006


"In Silicon Valley, a Man Without a Patent": This article related to the BlackBerry patent case appears today in The New York Times.
Posted at 11:40 PM by Howard Bashman



In Monday's edition of USA Today: Joan Biskupic will have an article headlined "Justices' mixed phrases on tip of silver tongues."

And tomorrow's newspaper will also contain an article headlined "'Roe v. Wade': The divided states of America."
Posted at 11:14 PM by Howard Bashman




"Online merchants fight to get their wine flowing; California retailers cite interstate commerce in suit against TABC": This article will appear Monday in The Dallas Morning News.
Posted at 11:10 PM by Howard Bashman



"Logic Turns Upside-Down During Moussaoui Trial": Neil A. Lewis will have this article Monday in The New York Times.
Posted at 11:08 PM by Howard Bashman



"Broward court cases hidden from the public; More than 100 Broward Circuit Court cases since 2001 have been put on a docket that the public can't see; One First Amendment lawyer calls it a 'secret judiciary'": This article appears today in The Miami Herald, along with an editorial entitled "Secret dockets run afoul of courts."
Posted at 10:24 PM by Howard Bashman



"Why Hurry On Justice Zarella?" The Hartford Courant today contains an editorial that begins, "Nobody - least of all Gov. M. Jodi Rell - has persuasively explained why the legislature must rush to judgment on the nomination of Associate Justice Peter Zarella to be chief justice of the Connecticut Supreme Court."
Posted at 10:15 PM by Howard Bashman



"The Moussaoui effect": This editorial appears today in The Los Angeles Times.
Posted at 08:50 PM by Howard Bashman



"Court Marshall; High-stakes patent lawsuits surge in small East Texas town": The Austin American-Statesman contains this article today.
Posted at 08:45 PM by Howard Bashman



"Attorney suited for success; Lawyer prepares to represent Arizona in case before U.S. Supreme Court": This article appears today in The Arizona Republic.
Posted at 08:44 PM by Howard Bashman



"Eminent domain is dead! (Long live eminent domain!)" Law Professor David Barron has this essay today in the Ideas section of The Boston Globe.

And in the April 24, 2006 issue of Newsweek, columnist George F. Will has an essay entitled "Legal Theft In Norwood: This abuse shows what happens when property rights become too attenuated to protect the individual's precious zone of sovereignty."
Posted at 08:33 PM by Howard Bashman




In today's edition of The Detroit Free Press: The newspaper today contains an editorial entitled "Injudicious intimidation: Objections over courts cross line from healthy criticism to dangerous threat."

A related op-ed by Senior Sixth Circuit Judge Damon J. Keith is entitled "Recent attacks on independence of judges endanger democracy."

And a related op-ed by Chief Justice Clifford W. Taylor of the Supreme Court of Michigan is entitled "Protesting perceived judicial excesses is healthy for system of government."
Posted at 08:30 PM by Howard Bashman




The Associated Press is reporting: An article headlined "Justices to consider whether killer is mentally retarded" begins, "A Virginia man whose case led to the U.S. Supreme Court's ban on executing the mentally retarded now must convince a state court that he has that disability and should not be put to death for killing an Air Force enlisted man for beer money."

And from California, David Kravets has an article headlined "Chin plows path from Oregon potato farm to state Supreme Court."
Posted at 07:45 PM by Howard Bashman




"Harriet Miers, Hard at Work": The April 24, 2006 issue of Time magazine will contain this Notebook item.
Posted at 07:40 PM by Howard Bashman



"The Crackdown Cracks: Getting tough on corporate crime is so yesterday; The pendulum is swinging back, hitting everyone from gumshoes to judges." This article will appear in the April 24, 2006 issue of U.S. News & World Report.
Posted at 03:55 PM by Howard Bashman



On today's broadcast of NPR's "Weekend Edition Sunday": The broadcast contained segments entitled "Moussaoui's Mental Health on Trial" and "Skilling's Appearance Riles Former Enron Employees" (RealPlayer required).
Posted at 03:54 PM by Howard Bashman



"Memphian has day at Supreme Court; Harassment case may be precedent-setting": The Commercial Appeal of Memphis, Tennessee today contains an article that begins, "When she passes through the 16 marble columns of the U.S. Supreme Court building Monday morning, Sheila White knows she'll be living history."
Posted at 02:11 PM by Howard Bashman



"High Court, Dems clash on Taft ruling": The Cincinnati Enquirer today contains an article that begins, "Tensions among Ohio's three branches of government rose again last week."
Posted at 01:55 PM by Howard Bashman



"Supreme Court coming Monday; Public invited to watch Indiana's top justices hear appeal at IU East": This article appears today in The Palladium-Item.
Posted at 01:54 PM by Howard Bashman



"Mutiny at the Supreme Court: The Roberts Court signals the president that he is not immune from the Constitution." Nat Hentoff has this essay online today at The Village Voice.
Posted at 01:54 PM by Howard Bashman



"Supreme Court could redefine legal insanity; Arizona case: The lawyer of a convicted cop killer says state law is overly restrictive toward the mentally ill." The Associated Press provides this report.
Posted at 01:50 PM by Howard Bashman



"States Acting to Protect Private Property; Preserving homeowner rights has become a bipartisan goal since the Supreme Court ruled that governments can take land for developers": This article appears today in The Los Angeles Times.
Posted at 01:23 PM by Howard Bashman


Saturday, April 15, 2006


"Special court rules against justice in property dispute": The Associated Press provides a report that begins, "A specially appointed Vermont Supreme Court has ruled against one of the court's regular justices in a long-running property dispute, a decision that could narrow the view of the Green Mountains that Associate Justice John Dooley III has from his South Burlington home."

You can access yesterday's ruling of the Supreme Court of Vermont at this link.
Posted at 08:05 PM by Howard Bashman




"Have you ever given aid to a terrorist? New law in Ohio demands declaration." This article appeared yesterday in The Cincinnati Enquirer.

And The Associated Press reports that "ACLU challenges sign-off against terrorism."

More information about this new Ohio law can be accessed here.
Posted at 08:02 PM by Howard Bashman




On today's broadcast of NPR's "Weekend Edition - Saturday": The broadcast contained segments entitled "Moussaoui, Sept. 11 and Vengeance" and "Enron Trial: Jeffrey Skilling on the Stand" (RealPlayer required).
Posted at 07:50 PM by Howard Bashman



The law review article whose name I can't utter on this PG-rated law blog: Via "Concurring Opinions" comes word of this law review article, which is ominously noted as "under review by SSRN." In the event that SSRN's review results in the article's disappearance, it can also be viewed via this link.
Posted at 07:45 PM by Howard Bashman



"Justice Stevens, at 86, joins jurist-to-watch list": McClatchy Newspapers provides an article that begins, "As Justice John Paul Stevens turns 86 this week (Thursday, April 20), he is the latest jurist-to-watch in what has become, during President Bush's second term, a vulturine pastime for ideological activists: predicting the next vacancy on the Supreme Court."
Posted at 07:28 PM by Howard Bashman



"Plea may let U.S. deport Al-Arian; The secret deal would have the former USF professor admit guilt on a conspiracy charge": This article appears today in The St. Petersburg Times.

And The Tampa Tribune reports today that "Al-Arian To Be Deported."
Posted at 03:30 PM by Howard Bashman




The Washington Post is reporting: Today's newspaper contains articles headlined "In New Orleans, Justice on Trial; Katrina Strains Public Defender's Office" and "Moussaoui Jury Won't Hear From Shoe Bomber."
Posted at 03:20 PM by Howard Bashman



In news from Virginia: The Washington Post reports today that "Death Row Gives Kaine A Test of Faith, Duty; Governor Faces Dilemma In 1st Clemency Request."

And The Richmond Times-Dispatch reports today that "Death-row inmate asks for clemency; Kaine receives his first petition as governor, as execution day nears."
Posted at 03:10 PM by Howard Bashman




In today's edition of The New York Times: The newspaper contains articles headlined "Law to Segregate Omaha Schools Divides Nebraska" and "Hurt by Hamas, Americans Sue Banks in U.S."

And Joe Nocera has an essay entitled "Mr. Skilling, for the Defense" (TimesSelect subscription required).
Posted at 02:40 PM by Howard Bashman




"Ripples From Law Banning Abortion Spread Through South Dakota": This article will appear Sunday in The New York Times.
Posted at 02:03 PM by Howard Bashman



"W.H. Auden 1, 'The Pristine Words Only Academy' 0:" Eugene Volokh has this post today at "The Volokh Conspiracy." My earlier coverage is here.
Posted at 10:10 AM by Howard Bashman



"Court OKs sex-based grooming standards; 7-4 ruling says casino can require makeup on women": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Sacramento Bee, legal affairs writer Claire Cooper reports that "Bar's makeup policy stands after appeal."

And The Reno Gazette-Journal reports that "Court drops lawsuit over makeup rule."

My earlier coverage is here.
Posted at 10:05 AM by Howard Bashman




"Justices Hand L.A.'s Homeless a Victory; In a case with national import, a federal appeals court rules the LAPD cannot arrest people for sitting, lying or sleeping on skid row sidewalks": This article appears today in The Los Angeles Times.

The Los Angeles Daily News reports today that "Homeless can rest easy; Court of Appeals strikes down no-sleeping ordinance."

The New York Times reports that "Appeals Court Bars Arrests of Homeless in Los Angeles."

The San Francisco Chronicle reports that "L.A.'s homeless law ruled unconstitutional; Appeals court says lack of shelters gives people no choice."

And in The Sacramento Bee, legal affairs writer Claire Cooper has an article headlined "Court: L.A. law is unfair to homeless."

My earlier coverage is here. Elsewhere, Orin Kerr has this post, while "Sentencing Law and Policy" offers these thoughts.
Posted at 09:55 AM by Howard Bashman



Friday, April 14, 2006


"Once Again, Scalia's the Talk of the Town; Justice Renders Frank Out-of-Court Opinions on 2000 Presidential Election, 'Sicilian' Gesture": Charles Lane will have this article Saturday in The Washington Post.
Posted at 10:44 PM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Supreme Court to Consider the Fungibility of Lawyers."

In other news, "11th Circuit: Court-Ordered Restitution Doesn't Violate 'Booker.'"

And the brand new installment of my weekly "On Appeal" column is headlined "Should Congress Mandate Supreme Court TV? Will original understanding go high-definition?"
Posted at 10:35 PM by Howard Bashman




"Suit against Notre Dame to proceed; Panel says it was dismissed too soon": This article appears today in The Chicago Tribune. My earlier coverage is here.
Posted at 09:24 PM by Howard Bashman



"Ten Reasons Why the Ninth Circuit Should be Split": Ninth Circuit Judge Diarmuid F. O'Scannlain last month delivered these remarks to Harvard Law School's Federalist Society Chapter.
Posted at 08:57 PM by Howard Bashman



"Judge rescinds order; 'shoebomber' won't testify in Moussaoui trial": CNN.com provides this report.

And The Associated Press reports that "Reid Won't Testify at Moussaoui Trial."

Today's order of the U.S. District Court for the Eastern District of Virginia can be viewed at this link. The order comes after Richard C. Reid's filing today of a motion, currently under seal, that presumably opposed the order to testify in the case.
Posted at 08:54 PM by Howard Bashman




"Judicial Expansion": At The Wall Street Journal Online's "Washington Wire" blog, Jess Bravin has a post that begins, "If you think the Supreme Court is controlling more and more of the country, you’re right -- and the other branches of government are letting them get away with it."
Posted at 08:45 PM by Howard Bashman



"Appeals Court Slaps L.A. Over Arrests of Homeless": The Los Angeles Times provides a news update that begins, "Los Angeles' policy of arresting homeless people for sitting, lying or sleeping on public sidewalks as 'an unavoidable consequence of being human and homeless without shelter' violates the constitutional prohibition against cruel and punishment, a federal appeals court ruled today." My earlier coverage is here.
Posted at 03:40 PM by Howard Bashman



"The Legal Intelligencer Blog": Now available online here, and featuring a recent post that begins, "It's hard not to feel at least a little sympathy for former state Supreme Court Justice Russell Nigro, who was the first sitting justice to be booted from the court in a retention election."

The Legal Intelligencer, of course, is a Philadelphia-based daily newspaper for lawyers that has published my monthly "Upon Further Review" appellate column since December 2000.
Posted at 02:35 PM by Howard Bashman




Divided three-judge Ninth Circuit panel holds that "the Eighth Amendment prohibits the City from punishing involuntary sitting, lying, or sleeping on public sidewalks that is an unavoidable consequence of being human and homeless without shelter in the City of Los Angeles": Today's majority opinion begins, "Six homeless individuals, unable to obtain shelter on the night each was cited or arrested, filed this Eighth Amendment challenge to the enforcement of a City of Los Angeles ordinance that criminalizes sitting, lying, or sleeping on public streets and sidewalks at all times and in all places within Los Angeles's city limits." Circuit Judge Kim McLane Wardlaw wrote the majority opinion, and she was joined by a Nevada-based Senior U.S. District Judge sitting by designation.

Circuit Judge Pamela Ann Rymer issued a dissenting opinion that begins:

There is no question that homelessness is a serious problem and the plight of the homeless, a cause for serious concern. Yet this does not give us license to expand the narrow limits that, in a "rare type of case," the Cruel and Unusual Punishment Clause of the Eighth Amendment places on substantive criminal law. The majority sees it differently, concluding that the Eighth Amendment forbids the City of Los Angeles from enforcing an ordinance which makes it unlawful to sit, sleep, or lie on sidewalks. It gets there by cobbling together the views of dissenting and concurring justices, creating a circuit conflict on standing, and overlooking both Supreme Court precedent, and our own, that restrict the substantive component of the Eighth Amendment to crimes not involving an act. I disagree, and therefore dissent, for a number of reasons.
Both the majority and dissenting opinions issued today in typescript format.
Posted at 02:25 PM by Howard Bashman



"Imagine, for example, a rule that all judges wear face powder, blush, mascara and lipstick while on the bench." So writes Circuit Judge Alex Kozinski, dissenting from today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit in Jespersen v. Harrah's Operating Co.

By a vote of 7-4, today the en banc Ninth Circuit reaches the same result as the majority on the earlier three-judge panel in rejecting a Title VII sex stereotyping claim brought by a casino bartender who was fired because she refused to comply with the casino's grooming policy requiring female bartenders to wear make-up. The concluding paragraph of the majority opinion begins:

We emphasize that we do not preclude, as a matter of law, a claim of sex-stereotyping on the basis of dress or appearance codes. Others may well be filed, and any bases for such claims refined as law in this area evolves. This record, however, is devoid of any basis for permitting this particular claim to go forward, as it is limited to the subjective reaction of a single employee, and there is no evidence of a stereotypical motivation on the part of the employer.
My earlier coverage of the three-judge panel's ruling in this case can be accessed here.
Posted at 02:15 PM by Howard Bashman



Street preacher prevails on appeal in First Amendment challenge to the University of Arkansas at Fayetteville's regulation permitting an outside speaker to appear on campus only five times per semester: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:45 AM by Howard Bashman



Too much law-blogging talent assembled in one room? Now that a possible conflict that could have prevented me from attending and participating in the conference "Bloggership: How Blogs Are Transforming Legal Scholarship" at the Berkman Center for Internet & Society of Harvard Law School has fallen by the wayside, I am really looking forward to being in Cambridge, Massachusetts two weeks from today.

Just as a member of the President's cabinets skips the State of the Union address each year, Glenn Reynolds of "InstaPundit" fame will be participating via videoconference.
Posted at 11:05 AM by Howard Bashman




"Hearing Delayed On Court Nominee": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "The public hearing on the nomination of Associate Justice Peter T. Zarella to become chief justice, originally scheduled for Tuesday, has been canceled with no new date set."
Posted at 10:44 AM by Howard Bashman



"Moussaoui Unpredictable on the Stand at Sentencing Trial": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:35 AM by Howard Bashman



"Judge says boy can read controversial poem": The Reno Gazette-Journal today contains an article that begins, "A 14-year-old Reno student can recite a poem containing the words 'hell' and 'damn' at the state high school poetry finals, a federal judge in Reno ruled Thursday."

I have uploaded at this link a copy of yesterday's order of the U.S. District Court for the District of Nevada.
Posted at 10:30 AM by Howard Bashman




Is the ruling under review factual or legal in nature? There are many appellate cases in which the standard of review dictates whether the decision on appeal will be affirmed or reversed. Generally speaking, where a trial judge has rendered a decision that is based on a dispute of fact, the standard of review is the more deferential "clearly erroneous" standard, while if the judge has resolved an issue of law, the standard of review is the non-deferential "plenary review" or "de novo" standard.

Today, Sixth Circuit Judge John M. Rogers issued a concurring opinion in an appeal from a tax court ruling in which he observed:

Whether an issue to be determined by the courts is one of fact or law is sometimes pretty simple. But often, especially when the issue can be stated in the form of "Does the item before us fit within the legal definition of x?", the factual-versus-legal nature of the issue can be perplexing. This is because the seemingly single question really has two different components: "What is the nature of this item?" and "What is the legal meaning of x?" In a case where there is total agreement between the parties as to the nature of the item, the question whether the item is an x is a legal one. In a case where there is total agreement between the parties as to the meaning of x, but a dispute as to the nature of the item, the issue of whether the item is an x is totally factual. Where there is some dispute on each of the two issues, the issue of whether the item is an x is a mixed question of law and fact.
You can access the complete ruling at this link.
Posted at 10:28 AM by Howard Bashman



Electrocution humor: A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued a decision in which the majority writes, "On the first day of Filiaggi's trial, the stun belt used to restrain him as he was being transported to court misfired, resulting in what Filiaggi refers to as his 'electrocution.' Inasmuch as Filiaggi remains among the living, we will refer to the incident as an electrical shock."
Posted at 10:15 AM by Howard Bashman



"On the Stand, Former Enron Chief Has Angry Words for Prosecutors": The Washington Post contains this article today.

The New York Times reports today that "Jury Hears Indignation of Skilling."

The Los Angeles Times reports that "Skilling Is Defiant on Stand; Enron's ex-chief, ending his testimony, blames the '01 fall on the media and stock speculators; Cross-examination begins Monday."

USA Today reports that "Skilling cross-examination up next."

And in The Houston Chronicle, Mary Flood reports that "Skilling's demeanor takes a sober turn; Ex-CEO, once animated, blasts prosecutors' attempts to 'rewrite history.'"
Posted at 07:10 AM by Howard Bashman




"Judicial Watch ex-head sues over 'power grab'": This article appears today in The Washington Times.
Posted at 07:05 AM by Howard Bashman



"Moussaoui, Testifying Again, Voices Glee Over Witnesses' Accounts of Sept. 11 Grief": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Moussaoui Tells Court 9/11's Toll Was Too Low."

The Los Angeles Times reports that "Defiant Moussaoui Testifies; Denying that he is crazy, the convicted terrorist tells the jury at his sentencing trial: `I want to kill Americans.'"

USA Today reports that "Moussaoui testifies he's 'glad' to have caused pain; Says he believes he'll be spared execution."

And The Richmond Times-Dispatch reports that "Moussaoui: Sept. 11 was 'pleasure'; His life at stake, terror convict tells jury he still wants to kill Americans."
Posted at 07:00 AM by Howard Bashman




"Should Graphic Testimony About 9/11 Have Been Heard By the Moussaoui Sentencing Jurors? The Continuing Controversy over the Use of Victim Impact Evidence." FindLaw commentator Edward Lazarus has this essay today.
Posted at 06:40 AM by Howard Bashman


Thursday, April 13, 2006


"Skilling testifies he wasn't aware, would've called FBI; Line by line, ex-CEO details his objections to charges, accusers": Mary Flood has this article in today's edition of The Houston Chronicle.

The New York Times today contains articles headlined "Ex-Enron Chief Defends Shift of Contracts" and "Enron Prosecutors Aim to Rattle, Not Be Rattled."

The Washington Post contains an article headlined "His Personality Parade; Former Enron CEO Skilling's Character Is on the Stand, And He's Emotional, Assertive and Downright Wonky."

The Los Angeles Times reports that "Skilling Speaks of Ties to Lay; Enron's ex-CEO says he and his codefendant made a 'good team'; Prosecutors may try to get one to undermine the other in court."

USA Today reports that "Skilling says he misjudged Fastow; Calls creation of LJM deal a 'horrible idea.'"

And The Christian Science Monitor reports that "Skilling tells his Enron story; On the witness stand in his own defense, the former CEO cites his 'shock' at first reports of problems."
Posted at 11:25 PM by Howard Bashman




Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "An Indignant Moussaoui Testifies at Sentencing."

Today's broadcast of "Talk of the Nation" contained a segment entitled "Lawyers Argue to Spare Moussaoui's Life."

And today's broadcast of "Day to Day" contained a segment entitled "Moussaoui Testifies in Sentencing Phase."

RealPlayer is required to launch these audio segments.
Posted at 11:15 PM by Howard Bashman




Available online from law.com: Tony Mauro has an article headlined "Grapes of Wrath at the High Court; Fee dispute in wine industry case embroils Kirkland's Kenneth Starr and former Stanford law dean Kathleen Sullivan."

And in other news, "Washingtonienne Blogger Loses Lawyer."
Posted at 11:05 PM by Howard Bashman




"Judge Decries Rigid U.S. Immigration Laws": The Associated Press provides this report. My earlier coverage is here.
Posted at 11:00 PM by Howard Bashman



"Moussaoui: 'No Regret, No Remorse.'" The Associated Press provides this report.
Posted at 04:30 PM by Howard Bashman



Payback is ... an obstacle to mootness: Today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reverses the dismissal on mootness grounds of a taxpayers' establishment clause challenge to a grant of money by the Secretary of Education to the University of Notre Dame to be used for a program called Alliance for Catholic Education. Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Terence T. Evans joined. Circuit Judge Diane S. Sykes dissented, writing that she would affirm the district court's dismissal for mootness.
Posted at 02:40 PM by Howard Bashman



"Top court says governor's office may withhold internal documents from public": The Columbus Dispatch provides a news update that begins, "Bob Taft and future Ohio governors can withhold internal memoranda and communications from the public under a new exception to the state's open-records law, the Ohio Supreme Court ruled this morning."

And The Associated Press reports that "Court Gives Ohio Gov. Partial Victory."

You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 02:30 PM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Moussaoui Lawyers Begin Arguing for Life Sentence" and "Sept. 11 Events Dramatized on Big Screen" (RealPlayer required).
Posted at 02:25 PM by Howard Bashman



"Final Struggles on 9/11 Plane Fill Courtroom": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "At Trial, Flight 93 Myth Finally Becomes Reality."

The Los Angeles Times contains an article headlined "Chaos in Flight 93's Cockpit; Jurors in Moussaoui's sentencing trial hear the pilots' anguished pleas, passengers fighting back -- and hijackers' cries of 'Allah is the greatest!'"

USA Today reports that "Jurors hear 9/11 cockpit battle; Flight 93 audio rivets court at Moussaoui trial."

The Sacramento Bee reports that "Jurors hear final struggle of Flight 93; Moussaoui trial plays cockpit tape of jet that crashed Sept. 11."

The Richmond Times-Dispatch contains articles headlined "Moussaoui defense gets its turn; His star witness might be Richard Reid, the would-be shoe bomber" and "Flight 93 tape shows heroics amid horror; Moussaoui jurors riveted by voices of hijackers, passengers on plane that crashed on 9/11."

The San Francisco Chronicle contains an article headlined "United pilot's widow defends crew's role in 9/11; Former flight attendant has been waiting 4 1/2 years to tell of Flight 93's final minutes."

And in The Christian Science Monitor, Warren Richey has an article headlined "Testimony from 9/11 victims: How much is fair? In Moussaoui's trial, it can help jurors grasp the full impact of 9/11, say some; Opponents say it encourages jurors to rely on emotion."
Posted at 01:55 PM by Howard Bashman




"State Proposes Using Device, Not Doctors, in Execution": Adam Liptak has this article today in The New York Times.

And The News & Observer of Raleigh, North Carolina reports today that "Prisons offer machine as monitor; Officials hope a judge's order concerning lethal injection will be satisfied."
Posted at 01:45 PM by Howard Bashman




"Court refuses suit on partners": Today in The Sacramento Bee, legal affairs writer Claire Cooper has an article that begins, "For the second time in less than a year, the California Supreme Court refused Wednesday to consider a challenge to the state's domestic partners law."
Posted at 01:33 PM by Howard Bashman



"Libby Lawyers Say Bush's Acts a Trial Issue": Josh Gerstein of The New York Sun provides this news update.
Posted at 01:28 PM by Howard Bashman



"Moussaoui Lashes Out at Defense Lawyers": The Associated Press provides this report.
Posted at 12:44 PM by Howard Bashman



Programming notes: In connection with my day job, this morning I have a meeting in Philadelphia related to a potential new appellate case. Additional posts will appear here later today.

And one week from today, on Thursday, April 20, 2006, Legal Affairs magazine will cease to be this blog's online host. This blog's new online host, as of that date, will be American Lawyer Media's Law.com. I'll post the specific new Law.com address for this blog as that date draws near.
Posted at 06:45 AM by Howard Bashman




"Terrorists' Web Chatter Shows Concern About Internet Privacy; Groups Advise Members on Anonymity, Avoiding Intercepts": This article appears today in The Washington Post.
Posted at 06:42 AM by Howard Bashman



"Why the 'Political Question Doctrine' Shouldn't Necessarily Prevent Courts From Asking Whether a Spending Bill Actually Passed Congress": Vikram David Amar has this essay today online at FindLaw.
Posted at 06:38 AM by Howard Bashman



"Raich Still Fighting for Medi-Pot Rights": This article appears in the current issue of The Austin Chronicle.
Posted at 06:35 AM by Howard Bashman



"Scalia slams judicial activism in UConn speech": The New Haven Register contains this article today.

And The Hartford Courant today contains an article headlined "Interpretations Of Justice Scalia."
Posted at 06:30 AM by Howard Bashman



Wednesday, April 12, 2006


"Sperm donor sued for child support": This article appears today in The Chicago Sun-Times.
Posted at 10:35 PM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Day to Day" contained a segment entitled "Slate's Jurisprudence: Justices Talking Out of Court" (featuring Dahlia Lithwick).

And today's broadcast of "All Things Considered" contained a segment entitled "Moussaoui Jury Hears Tapes of Flight 93 Crash."

RealPlayer is required to launch these audio segments.
Posted at 10:25 PM by Howard Bashman




"Forced medication ordered for Death Row inmate; Judge rules Death Row inmate must take anti-psychotic drugs": The Fort Worth Star-Telegram today contains an article that begins, "Death Row inmate Steven Kenneth Staley, convicted for killing the manager of a Steak and Ale nearly 17 years ago, should be physically forced to take anti-psychotic medication -- an order that, in essence, could make Staley competent enough to be executed -- a judge ruled Tuesday."
Posted at 08:27 PM by Howard Bashman



"Experts: Suit Raises Copyright Questions." The Associated Press provides a report that begins, "An ongoing lawsuit between a company and a popular archive of Web pages raises questions about whether the archive unavoidably violates copyright laws while providing a valuable service, experts say."
Posted at 08:23 PM by Howard Bashman



"Supreme Court Votes to Allow Citation to Unpublished Opinions in Federal Courts": law.com's Tony Mauro provides this news update.
Posted at 07:54 PM by Howard Bashman



"Flight 93 Recording Played at Moussaoui Trial": The Washington Post provides this news update. A government exhibit consisting of the transcript of the cockpit voice recorder can be accessed here.
Posted at 02:54 PM by Howard Bashman



"Scalia visits UConn law school": The Associated Press provides a report that begins, "Conservative U.S. Supreme Court Justice Antonin Scalia was greeted at the University of Connecticut law school Wednesday by a small group of protesters."

An updated version of the story from The AP is headlined "Scalia says he's proud he didn't recuse himself in Cheney case," and it begins, "Conservative U.S. Supreme Court Justice Antonin Scalia on Wednesday called his 2004 decision not to recuse himself from a case involving his friend Vice President Dick Cheney the 'proudest thing' he's done on the court."
Posted at 01:40 PM by Howard Bashman




"Kozinski Responds to Critics in Bad Check Case": The blog "Decision of the Day" offers this post about an amended opinion that the U.S. Court of Appeals for the Ninth Circuit issued in typescript format late yesterday. One minor clarification of the foregoing post is in order, however; the Ninth Circuit by means of a separate order denied the pending petitions for rehearing and rehearing en banc as moot, but expressly allowed new petitions for rehearing and rehearing en banc to be filed addressed to yesterday's amended decision.

My earlier coverage of Circuit Judge Alex Kozinski's original ruling in the case can be accessed here.
Posted at 01:23 PM by Howard Bashman




"Blog Comments on Skilling Trial Trace Back to Defense Firm IP Address": This post appears at "OrinKerr.com." Additional details are available here.
Posted at 01:15 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Prosecutors Drop Appeal in Librarian Case" and "Moussaoui Jurors Hear Flight 93 Tape."
Posted at 01:12 PM by Howard Bashman



"Justices hear tobacco 'fee' arguments; The legality of Minnesota's 75-cents-a-pack 'health impact fee' was argued before the state Supreme Court by attorneys for the state and tobacco companies": This article appears today in The Minneapolis Star-Tribune.

The St. Paul Pioneer Press reports today that "75-cent cigarette fee probed; Justices question whether it's fee or tax, who would get refund, other concerns; ruling pending."

And Minnesota Public Radio provides a written report titled "State Supreme Court takes on tobacco fee case."
Posted at 11:18 AM by Howard Bashman




"Killer opens new front on execution methods; Morales' suit says public didn't OK revised procedures": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 11:05 AM by Howard Bashman



"Court Throws Out Lawsuit By Cair": Josh Gerstein of The New York Sun has this article today. My earlier coverage is here.
Posted at 11:00 AM by Howard Bashman



"In Courtroom 9/11 Horrors Are Relived a Second Day": The New York Times contains this article today.

The Washington Post today reports that "Pentagon Attack Recalled at Trial; Moussaoui Prosecutors Shift to Spotlight Local Terror on 9/11."

The Los Angeles Times reports that "Heroism, Fatalism Aboard Flight 93; Jurors in Moussaoui's sentencing trial hear about passengers' calls; Some chose to take on the hijackers, but a sense of doom filled the cabin."

USA Today reports that "9/11 testimony shifts to Pentagon, Pennsylvania."

And The Richmond Times-Dispatch reports that "Court to hear cockpit tapes; Recordings from the plane that crashed in a field will be played."
Posted at 07:33 AM by Howard Bashman




"Skilling Denies Arranging Secret Side Deals at Enron to Benefit Fastow": This article appears today in The New York Times.

The Washington Post reports today that "Skilling Says He Had No Motive; Ex-CEO Calls One Charge 'Absurd.'"

The Los Angeles Times reports that "Skilling Scoffs at Fastow's Deals; Enron's ex-chief testifies the CFO's transactions would have been too small for him to notice."

USA Today reports that "Skilling denies secret 'side deals' at Enron."

The Houston Chronicle contains articles headlined "Skilling says he was driven by passion -- not greed; He can't recall some details, but the ex-CEO says crime never crossed his mind" and "Skilling draws smaller crowds; More spectators came to hear what Fastow had to say when he testified."

And law.com reports that "Skilling Denies Conspiracy to Defraud Enron Investors."
Posted at 07:25 AM by Howard Bashman




"The legal lock on stem cells; Two patents that cover key research areas are setting back science": Jennifer Washburn has this op-ed today in The Los Angeles Times.
Posted at 07:14 AM by Howard Bashman



"Arizona wines featured at White House": The Arizona Daily Star today contains an article that begins, "Wines from two Southern Arizona growers will be served at the White House today at the tribute dinner for former U.S. Supreme Court Justice Sandra Day O'Connor."
Posted at 07:10 AM by Howard Bashman



"Depositions Taken In Anthrax Case; Reporters Questioned About Sources": The Washington Post today contains an article that begins, "At least two reporters have been questioned about their confidential sources in a lawsuit filed against the Justice Department by Steven J. Hatfill, the former Army scientist who has been investigated in the 2001 anthrax attacks."
Posted at 07:05 AM by Howard Bashman



"The Supreme Court Denies Review in the Case of "Dirty Bomber" Jose Padilla, But an Unusual Troika of Justices, Including the Chief, Issues a Warning to the Government": Michael C. Dorf has this essay online at FindLaw today.
Posted at 06:50 AM by Howard Bashman


Tuesday, April 11, 2006


"Judges Set Hurdles for Lethal Injection": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 10:30 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Enron Witnesses Lying About Fraud, Skilling Says" and "Pentagon Scenes Evoked at Moussaoui Hearing."

And today's broadcast of "Talk of the Nation" contained a segment entitled "Jurors and the Death Penalty."

RealPlayer is required to launch these audio files.
Posted at 10:25 PM by Howard Bashman




"BU prof. fired as freelancer for photo of Scalia": This article appears today in The Daily Free Press, the student newspaper of Boston University.
Posted at 10:15 PM by Howard Bashman



"In this case we examine whether Anson Dorrance and William Palladino (the male coaches of the women's soccer team at the University of North Carolina at Chapel Hill) sexually harassed Melissa Jennings while Jennings was a student and soccer player at the University from August 1996 until May 1998." So begins a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.

The majority opinion proceeds to explain:

Laws prohibiting sexual harassment are designed to protect people at work and at school from the kind of extreme conduct that can make work or school hellish because of the person's sex. The laws, however, are not designed to purge or punish all vulgarity at work or in universities. Whether conduct constitutes actionable sexual harassment cannot be divorced from the context in which the alleged harassment arose. Thus, a court evaluating a sexual harassment claim must examine the constellation of surrounding circumstances, expectations, and relationships.

When the evidence in this case is viewed most favorably to Jennings, the evidence shows that Dorrance used vulgar language and participated in sexual banter at practice with some women that he coached and that he once directed a vulgar question at Jennings. Jennings immediately responded to Dorrance's vulgar question with her own profane reply and that ended the inquiry. Dorrance never touched, never threatened, never ogled, and never propositioned Jennings. Because no reasonable jury could find that Dorrance sexually harassed Jennings or find that Jennings' other claims have merit, we affirm the judgment of the district court.

The complete ruling can be accessed here.
Posted at 05:11 PM by Howard Bashman



"Divorcing couple can't be forced to sell land to settle debts": The Associated Press provides this report on a ruling that the Supreme Court of New Hampshire issued today.
Posted at 03:15 PM by Howard Bashman



"Court bars witnesses wearing prison garb; Panel cites 'guilt by association' link for jury": The Newark Star-Ledger today contains this article reporting on a ruling that the Superior Court of New Jersey, Appellate Division, issued yesterday.
Posted at 03:14 PM by Howard Bashman



"$11,182 raised to defend S.D. abortion ban": The Argus Leader of Sioux Falls, South Dakota contains this article today.
Posted at 03:10 PM by Howard Bashman



When does a a Fifth Amendment taking occur in a rails-to-trails case? A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit resolves that question today in an opinion you can access here.
Posted at 02:54 PM by Howard Bashman



"Vioxx Plaintiff Gets $9M; Merck to Appeal": The Associated Press provides this report.
Posted at 02:40 PM by Howard Bashman



"Amid the culture war": Today in The Washington Times, Peter Hannaford has this review of former Fifth Circuit Judge Charles W. Pickering, Sr.'s book, "Supreme Chaos: The Politics of Judicial Confirmation & the Culture War."
Posted at 12:10 PM by Howard Bashman



In news from Kentucky: The Lexington Herald-Leader today contains an article headlined "Fletcher says he'll consider other displays; Governor signs bill to show Commandments."

And The Louisville Courier-Journal reports today that "Student expelled from University of Cumberlands for being gay; Baptist school defends code of sexual conduct."
Posted at 11:55 AM by Howard Bashman




"U.S. Supreme Court not for members only": The Republican of Springfield, Massachusetts today contains an editorial that begins, "Judge John G. Roberts Jr. told the nation during his televised hearings for a seat on the U.S. Supreme Court that he is open to the prospect of television cameras inside the nation's highest court."
Posted at 11:50 AM by Howard Bashman



"HLS Debates Laptops in Class; Some worry that net surfing distract law students from class discussions": This article appears today in The Harvard Crimson.
Posted at 11:33 AM by Howard Bashman



"Flanders '71: from minor league baseball to a federal bench recommendation." The Brown Daily Herald today contains this article reporting on the person who supposedly will be President Bush's next nominee to the U.S. Court of Appeals for the First Circuit. My earlier coverage is here.
Posted at 11:20 AM by Howard Bashman



"Retired Justice O'Connor to Appear in Frederick": In news from Maryland, The Associated Press provides this report.

And a transcript of Justice Sandra Day O'Connor's remarks at her investiture last Friday as Chancellor of the College of William and Mary can be accessed here.
Posted at 11:15 AM by Howard Bashman




"Confessions of an idiot: Like all human efforts, Constitution must be able to change." Today in The Charlotte Observer, Steve Stoeckel has an op-ed in which he writes of Justice Antonin Scalia, "I found it refreshing to hear a Supreme Court justice refer to those who disagree with him as 'idiots.' I so often view these people as the epitome of high-minded thinking and rational discourse, perhaps knocking off after a hard day on the bench to sip cognac in the back room and discuss Schopenhauer. It does my heart good to see one of them rolling in the dirt like the rest of us."
Posted at 10:50 AM by Howard Bashman



"Lethal injection issues halt a N.C. execution; U.S. district judge cites local ruling, defers death penalty": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:45 AM by Howard Bashman



In the April 17, 2006 issue of The Weekly Standard: Law Professor Robert F. Nagel has an essay entitled "Bowing to Precedent: A decent respect for the Constitution should cause the Supreme Court to reconsider some past decisions" (pass-through link via "Confirm Them").

And Tod Lindberg has an essay entitled "'Enemy of the People': Moussaoui and his victims."

Somewhat relatedly, William Kristol, The Weekly Standard's editor, was featured on last Sunday's broadcast (links to transcript and video) of C-SPAN's "Q&A." Kristol and I were the co-keynote speakers at last April's Annual Banquet of the Harvard Federalist Society for Law & Public Policy Studies and the Harvard Journal of Law & Public Policy.
Posted at 10:40 AM by Howard Bashman




"Rothstein welcomed to top court; Chief Justice praises hard-working judge and gives nod to new appointment system": This article appears today in The Toronto Globe and Mail.
Posted at 10:28 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Sept. 11 Victim Testimony Given at Moussaoui Trial"; "Some Sept. 11 Families Pursue Their Own Justice"; and "Skilling Takes Stand and Proclaims Innocence at Enron Trial" (RealPlayer required).
Posted at 10:22 AM by Howard Bashman



D.C. Circuit affirms dismissal of defamation lawsuit filed by the Council on American-Islamic Relations against a former U.S. Congressman: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

According to today's opinion, a reporter from The Charlotte Observer spoke by telephone with then-Congressman Cass Ballenger to learn why the Congressman had separated from his wife. The opinion states:

During the fifteen-minute conversation, Ballenger elaborated on the reasons why he and his wife had separated, chief among them being his wife's dissatisfaction with life in Washington, D.C. In particular, Ballenger explained that his wife became increasingly uncomfortable living across the street from the headquarters of the Council on American-Islamic Relations ("CAIR") after the September 11th attacks. During the course of this explanation, Ballenger stated that CAIR was the "fund-raising arm for Hezbollah." The United States Department of State has designated Hezbollah a foreign terrorist organization pursuant to 8 U.S.C. § 1189.

Ballenger's comment was republished in newspapers and electronically throughout the United States. CAIR, a nonprofit NGO whose stated goal is to promote a positive image of Islam in the United States and empower the American Muslim community, sued Ballenger for defamation and slander about two months later.

Today's ruling concludes, "Having determined that Ballenger acted within the scope of his employment when he made the remark in question, we hold that the proper defendant under the Westfall Act is the United States. Sovereign immunity bars suits against the United States absent an explicit and unequivocal waiver. CAIR points to no such waiver, and we have not found one."
Posted at 10:08 AM by Howard Bashman



Multi-District Litigation procedure permits U.S. Court of Appeals for the Sixth Circuit to treat order issued by District Judge Judge Royce C. Lamberth as though it were issued by the U.S. District Court for the Middle District of Tennessee: Judge Lamberth, of course, serves on the U.S. District Court for the District of Columbia. You can access today's Sixth Circuit ruling (which also examines whether appellate review ought now be available in a discovery dispute involving documents alleged to be covered by the attorney-client privilege) at this link.
Posted at 09:58 AM by Howard Bashman



"Can a Prison Constitutionally Deprive Ill-behaved Prisoners of Access to Newspapers, Magazines, and Photographs? The Supreme Court Will Soon Decide." Julie Hilden has this essay online today at FindLaw.
Posted at 08:40 AM by Howard Bashman



"Nigro mulls new high-court run": The Philadelphia Daily News today contains an article that begins, "Former state Supreme Court Justice Russell M. Nigro, ousted by Pennsylvania voters in November in retaliation for the legislature's so-called pay grab, may run again for the state's highest court."
Posted at 07:25 AM by Howard Bashman



"Taft accused of violating attorneys' ethics rule": This article appears today in The Cleveland Plain Dealer.

The Toledo Blade reports that "Taft faces call for discipline in state ethics case; He could get a reprimand or forfeit his law license."

The Akron Beacon Journal reports that "Charge may cost Taft law license; Governor accused of breaking attorney's code of conduct."

The Cincinnati Enquirer reports that "Taft may lose law license; Supreme Court complaint linked to unreported outings."

And The Columbus Dispatch reports that "Taft in trouble with the lawyers."
Posted at 07:23 AM by Howard Bashman




"Skilling says he's 'absolutely innocent'; Former CEO recounts the ups and downs of his career during first day of testimony": Mary Flood has this article today in The Houston Chronicle.

The New York Times reports today that "Skilling, on the Stand, Implies Fraud Was Hardly Necessary."

The Los Angeles Times reports that "Enron's Skilling Avows Innocence; The ex-chief executive testifies that he did not foresee the energy company's collapse."

USA Today contains an article headlined "Skilling: Enron's fall led to drinking, depression; Says his company was 'making the world better.'"

The Chicago Tribune contains an article headlined "Skilling: 'My life is on the line'; Ex-Enron CEO says Fastow fooled him."

And The Dallas Morning News reports that "Skilling proclaims innocence in first day of testimony."
Posted at 07:15 AM by Howard Bashman




"Moussaoui Jury Hears From Grieving Families, and From Victims Themselves": Neil A. Lewis has this article today in The New York Times. In addition, John Farmer has an op-ed entitled "Right Trial, Wrong Defendant."

The Los Angeles Times reports today that "Moussaoui Jury Hears the Panic From 9/11."

USA Today reports that "Moussaoui jury shaken as victims' families speak about 9/11; Judge wary about emotional testimony."

And The Richmond Times-Dispatch reports that "Voice from Sept. 11 rivets court; Recording from tower part of heart-rending day at Moussaoui trial."
Posted at 07:04 AM by Howard Bashman




"Maloney May Lose ACLU in Fight on Abortion": Today in The New York Sun, Josh Gerstein has an article that begins, "After an outcry from free speech advocates, the American Civil Liberties Union is reconsidering its endorsement of proposed legislation calling for federal regulation of advertising by anti-abortion counseling centers."
Posted at 06:44 AM by Howard Bashman


Monday, April 10, 2006


"Calif. Court Shreds Lawyer for 202-Page Brief": law.com provides this report.

And the blog "Criminal Appeal" provides a post titled "'This is an appeal run amok.'"

You can access last Friday's ruling of California's Court of Appeal for the Third Appellate District at this link. The court's opinion begins, "This is an appeal run amok. Not only does the appeal lack merit, the opening brief is a textbook example of what an appellate brief should not be."
Posted at 10:15 PM by Howard Bashman




In Tuesday's issue of The Washington Post: Tomorrow's newspaper will contain articles headlined "Skilling, Nervous and Emotional, Takes the Stand; Ex-CEO Tells How Excitement at Enron Turned to Exhaustion" and "At Moussaoui Trial, Recalling Lives Stolen by 9/11; Families Testify; Tapes Of Victims are Played."
Posted at 10:12 PM by Howard Bashman



"How to Remove a Federal Judge": This article (abstract with links for download) by Law Professors Saikrishna B. Prakash and Steven D. Smith, forthcoming in The Yale Law Journal, is available online at SSRN (via "Legal Theory Blog").
Posted at 08:40 PM by Howard Bashman



"Irk judge, get time-out chair; Booted off grand jury, man sits on bench 3 days every other week, 7 hours a day; legal experts say order may be out of line": The Detroit News today contains an article that begins, "On Thursday, William Schramm of West Bloomfield reported to the Detroit federal courthouse, sat all day on a hallway bench and stared at the wall. It's the same way the 31-year-old retirement planner has spent his Tuesdays, Wednesdays and Thursdays every other week since the end of January. Schramm is charged with no crime but is serving an unusual and indefinite sentence for allegedly lying to a federal judge."
Posted at 07:20 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Skilling Paints Picture of Innocence at Enron" and "Wiccan Soldier's Widow Petitions for Recognition" (RealPlayer required).
Posted at 07:14 PM by Howard Bashman



"Ginsburg speaks at UNL": This article appeared Saturday in The Lincoln (Neb.) Journal Star.
Posted at 05:55 PM by Howard Bashman



"Skilling: 'I am absolutely innocent.'" The Dallas Morning News provides this update.
Posted at 05:24 PM by Howard Bashman



"Because chancery courts possessed the power to order equitable disgorgement in the eighteenth century, we hold that contemporary federal courts are vested with the same authority by the Constitution and the Judiciary Act." This ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today examines the historical origins of the equitable remedy of disgorgement.
Posted at 04:54 PM by Howard Bashman



In news from Kentucky: The Associated Press reports that "Ten Commandments, other religious issues still generating debate."
Posted at 04:40 PM by Howard Bashman



"Attorney general says abortion fund records open to public": The Argus Leader of Sioux Falls, South Dakota provides a news update that begins, "The names of donors and amounts they gave to a new state account to pay legal costs of a potential lawsuit over abortion are public records, Attorney General Larry Longs says."
Posted at 04:35 PM by Howard Bashman



"Skilling tells his side of story; Former CEO takes the stand today": The Houston Chronicle provides this news update.
Posted at 04:28 PM by Howard Bashman



"The Nino Scalia Guide to Sicilian Hand Gestures": Law Professor Garrett Epps has this essay online today at The Nation.
Posted at 03:45 PM by Howard Bashman



"Attorney renews his fight against 'under God' in allegiance pledge; Another Supreme Court test seems likely": This article appeared one week ago today in The Kansas City Star.
Posted at 03:44 PM by Howard Bashman



"New justice welcomed to Supreme Court": The Toronto Globe and Mail provides this news update. Notwithstanding this comment from a self-described United States-based reader, it is doubtful that Canada's newest Jewish Justice dressed in this snazzy outfit (additional photos here) because a meeting with Santa was on the agenda.
Posted at 03:35 PM by Howard Bashman



"Enron Trial Update: Skilling to Take the Stand." This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:24 PM by Howard Bashman



"Meet the New Padilla: The next 9/11 case to watch." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 03:20 PM by Howard Bashman



"[W]e cannot be the country we should be if, because of the tragic events of September 11th, we knee-jerk remove decent men and women merely because they may have erred at one point in their lives." So writes Third Circuit Judge Maryanne Trump Barry in a concurring opinion issued today in a case in which a three-judge panel of the U.S. Court of Appeals for the Third Circuit rejected the challenge of a petitioner from Northern Ireland to a Board of Immigration Appeals decision finding him removable because he had engaged in terrorist activities in 1981. You can access today's complete ruling at this link.
Posted at 03:10 PM by Howard Bashman



"Skilling comes out swinging; Ex-Enron CEO vows to 'fight charges until the day I die,' but he's nervous because his 'life is on the line'": CNNMoney.com provides this report.
Posted at 02:37 PM by Howard Bashman



The Associated Press is reporting: In news from Houston, Texas, "Skilling Says He's 'Absolutely Innocent.'"

And from the Zacarias Moussaoui trial, "Judge Warns Against Prejudicial Testimony."
Posted at 02:35 PM by Howard Bashman




"Skilling Takes Stand in Enron Trial": The Associated Press provides this report.
Posted at 12:03 PM by Howard Bashman



"Vicious retribution aimed at judges": This editorial appears today in The Kansas City Star.
Posted at 12:02 PM by Howard Bashman



"Rothstein welcomed as he takes seat on Supreme Court of Canada bench": Canadian Press provides this report.
Posted at 12:00 PM by Howard Bashman



Access online the Seventh Circuit's Boy Scout Jamboree oral argument from last week: You can access the audio files here via the court's web site. And the Boy Scouts of America's Legal Issues web site provides lots of additional coverage. My earlier coverage of the oral argument can be accessed here and here.
Posted at 11:50 AM by Howard Bashman



"Breaking ground with the justice; Souter, surprise guest at middle school event, pokes fun at hotel plan": Yesterday's edition of The Concord (N.H.) Monitor contained this article, along with a related item headlined "Souter story continued."
Posted at 10:33 AM by Howard Bashman



"Cigarette fee to have its day in court; If justices agree it's illegal, state may face budget fiasco": This article appears today in The St. Paul Pioneer Press.
Posted at 10:14 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Skilling to Testify at Enron Trial" and "Netflix Challenges Blockbuster over Online Rentals" (RealPlayer required).
Posted at 10:00 AM by Howard Bashman



"HLS Holds Conference on Gay Activism": The Harvard Crimson today contains an article that begins, "Students from Lambda, Harvard Law School's gay rights organization, convened Saturday at the first annual Gay and Lesbian Legal Advocacy conference to map out the course of gay rights activism following the recent Supreme Court ruling upholding the Solomon Amendment."
Posted at 09:55 AM by Howard Bashman



In today's mail: The trade paperback version of Linda Greenhouse's book, "Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey."
Posted at 09:45 AM by Howard Bashman



"Blawg Review #52": Available here at "f/k/a...."
Posted at 09:38 AM by Howard Bashman



"Skilling Testimony Expected to Be Crucial": The Associated Press provides this report.
Posted at 09:35 AM by Howard Bashman



"Giving It to the Federal Circuit: Why Stop at Immigration Appeals?" Today's brand new installment of my weekly "On Appeal" column for law.com can be accessed here.
Posted at 07:22 AM by Howard Bashman



"Bill not likely to pass now": The Topeka Capital-Journal today contains an article that begins, "The last viable abortion bill on the table for the 2006 Legislature is on shaky ground."
Posted at 07:20 AM by Howard Bashman



"Skilling to tell his side of story; Former CEO is expected to take the stand today": The Houston Chronicle contains this article today.
Posted at 07:12 AM by Howard Bashman



"Christians Sue for Right Not to Tolerate Policies; Many codes intended to protect gays from harassment are illegal, conservatives argue": This article appears today in The Los Angeles Times.
Posted at 07:05 AM by Howard Bashman



"Why Scalia Is Right": Law Professor Stanley Fish has this post (TimesSelect subscription required) at his new blog "Think Again."
Posted at 06:50 AM by Howard Bashman



"Will the State of Massachusetts Ever Permit Same-Sex Out-of-Staters to Marry? A New Decision From the State's Highest Court Leaves Open The Possibility." Joanna Grossman has this essay online today at FindLaw.
Posted at 06:40 AM by Howard Bashman


Sunday, April 09, 2006


"UConn Students Divided Over How To Greet Scalia": The Hartford Courant yesterday contained an article that begins, "A same-sex kissing booth is not exactly what you'd expect to greet a U.S. Supreme Court justice visiting Hartford next week. But for Supreme Court Justice Antonin Scalia, known for his conservative rulings, strongly worded opinions and a recent hand-to-chin gesture that caused a stir outside church, it might not be that farfetched."

And The Associated Press reports that "Planned visit by Supreme Court justice has UConn buzzing."

Some additional information is available at the web site of the University of Connecticut School of Law.
Posted at 11:20 PM by Howard Bashman




"Fieger sues court to block rules": Yesterday's edition of The Detroit Free Press contained an article that begins, "Lawyer Geoffrey Fieger filed a federal lawsuit against the Michigan Supreme Court on Friday to prevent it from enforcing two court rules requiring lawyers to conduct themselves in a courteous manner."

And The Associated Press reports that "Fieger sues to stop rules requiring polite lawyers."
Posted at 11:18 PM by Howard Bashman




"Supreme Court Judges Bush: At last, Bush's assumption of supremacy over Congress and the courts is in peril." Nat Hentoff has this essay in the latest issue of The Village Voice.
Posted at 11:14 PM by Howard Bashman



"Supreme Court to rehear copyright case": Yesterday, The Toronto Globe and Mail contained an article that begins, "In an unusual move, the Supreme Court of Canada has decided to re-hear a controversial case involving the rights of freelance writers so that its newest judge -- an expert in copyright law -- can participate in the decision."
Posted at 11:10 PM by Howard Bashman



"Should the U.S. Supreme Court Cite Foreign Precedents?" William J. Flynn has this essay online at George Mason University's History News Network.
Posted at 11:05 PM by Howard Bashman



"Tribunal Lawyers Trade Shots; Guantanamo Commissions Are Plagued by Legal Infighting": Jess Bravin will have this article (free access) Monday in The Wall Street Journal.
Posted at 10:45 PM by Howard Bashman



"May It Please the Court": At The Wall Street Journal Online's "Washington Wire" blog, Jess Bravin has a post that begins, "The Pentagon's chief prosecutor in Guantanamo Bay apologized for upbraiding Supreme Court Justice Stephen Breyer, admitting he had misunderstood what the justice said last month at oral arguments over the legality of the Bush administration's military tribunals for suspected foreign terrorists."
Posted at 08:33 PM by Howard Bashman



"Jury's task: execution for Moussaoui? His sentence could turn on whether jurors believe his claims about his role in the 9/11 attacks." Warren Richey will have this article Monday in The Christian Science Monitor.
Posted at 06:10 PM by Howard Bashman



Philadelphia Phillies 6, Los Angeles Dodgers 3: This afternoon, my son and I had the pleasure of attending the first Phillies victory of the season, which was also the first game of today's unexpected doubleheader. Birthday celebrations caused us to depart from game two a bit early. A wrap of game one is here, and the box score is at this link.
Posted at 06:05 PM by Howard Bashman



"Abortion clinic proposal contested": The Rapid City Journal today contains an article that begins, "The proposal by Oglala Sioux Tribe President Cecelia Fire Thunder for a women's clinic offering abortion services on Pine Ridge Indian Reservation might be in conflict with tribal law. It might also lead to another attempted impeachment of Fire Thunder, who survived two similar challenges on unrelated issues last year. Fire Thunder proposed the clinic in response to a new state law, scheduled to take effect in July, banning almost all abortions in South Dakota. She said the reservation's sovereign status would allow physicians to perform abortions at a clinic there, despite state law."
Posted at 09:10 AM by Howard Bashman



"Romney curtails panel advising on new judges; Group to have cursory role": The Boston Globe contains this article today.
Posted at 08:55 AM by Howard Bashman



"Abortion Ban Foes Petition for a Choice; Even some conservative South Dakotans sign a bid to hold a vote on the law, which was meant to spark a Supreme Court test of Roe vs. Wade": This article appears today in The Los Angeles Times.

And The Argus Leader of Sioux Falls, South Dakota today contains an article headlined "Strained civility on abortion front lines; Effort to put law on November ballot makes politics personal on city streets."
Posted at 08:48 AM 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 has this article in today's issue of The New York Times Sunday Magazine.
Posted at 08:38 AM by Howard Bashman


Saturday, April 08, 2006


"9/11 Victims' Families to Get Government Files; Prosecutors Ordered to Disclose Records Given to Moussaoui's Defense Team": The Washington Post contains this article today.
Posted at 07:52 PM by Howard Bashman



"Defender Says Detainees Should Be Able to Represent Themselves; The issue is one of many as the military prepares to hear cases on 10 terrorism suspects": This article appears today in The Los Angeles Times.
Posted at 07:50 PM by Howard Bashman



On today's broadcast of NPR's "Weekend Edition - Saturday": The broadcast contained segments entitled "Who Is an Enemy Combatant? Law Remains Unclear" and "Judge Critical of Revisions in Intelligence Efforts" (featuring Seventh Circuit Judge Richard A. Posner). RealPlayer is required to launch these audio segments.
Posted at 07:14 PM by Howard Bashman



"Can We Talk? Decoding the blabbering Supremes." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:05 PM by Howard Bashman



"O'Connor is installed as chancellor of W&M": The Richmond Times-Dispatch today contains an article that begins, "Sandra Day O'Connor admitted being a little uncomfortable in the flashy green-and-gold robes she wore yesterday as the College of William and Mary's new chancellor." And a related article reports that "O'Connor disappointed she wasn't replaced by a woman."

In other coverage, The Daily Press of Hampton Roads, Virginia reports today that "Honorable duo lifts seasoned reins; Pomp and circumstance reign on campus as Gene Nichol and Sandra Day O'Connor are confirmed."

The Virginian-Pilot reports that "William and Mary's 26th president is inaugurated."

And The Virginia Gazette contains an article headlined "A dose of humor, and pomp & circumstance."
Posted at 01:04 PM by Howard Bashman




"Ban Snooping, Not Speech: Can it be illegal to disclose an illegally taped call if you're not the one who intercepted it?" The Washington Post today contains an editorial that begins, "The U.S. Court of Appeals for the D.C. Circuit issued a troubling opinion last week in a case involving two prominent Republican leaders in the House of Representatives -- one who preceded and one who came after Tom DeLay."
Posted at 10:10 AM by Howard Bashman



"Setback for 2 Rules on Mutual Funds": This article appears today in The New York Times.

And The Washington Post reports today that "Mutual Fund Board Rule Thrown Back to SEC."
Posted at 10:08 AM by Howard Bashman




"Property-rights lawyer to challenge chief justice; Groen is expected to get backing from builders": The Seattle Post-Intelligencer today contains an article that begins, "The conservative, heavy-spending home-builders' lobby helped put a staunch property-rights advocate on the Washington Supreme Court in 2004, and now it has an equally close ally running for another seat on the state's highest court."
Posted at 09:18 AM by Howard Bashman



"Prosecutors Want Dental Jewelry, but Defendants Are Spared": Adam Liptak has this article today in The New York Times.
Posted at 09:14 AM by Howard Bashman


Friday, April 07, 2006


Available online from law.com: An article reports that "Porn Law Goes Too Far, 11th Circuit Rules."

In other news, "Calif. Supreme Court: Ballplayer Can't Sue for Bean Ball."

An article reports that "'Pit Bull' Lawyers Reprimanded by Fla. Bar."

And the brand new installment of my "On Appeal" column is headlined "Giving It to the Federal Circuit: Why Stop at Immigration Appeals?"
Posted at 11:00 PM by Howard Bashman




"NJ court allows jury to consider if doc misled woman on abortion": The Associated Press provides this report on a ruling that the Superior Court of New Jersey, Appellate Division, issued today.
Posted at 08:23 PM by Howard Bashman



"This case divided the three-judge panel that heard it, and not surprisingly -- the issue of juror reliance upon the Bible during capital sentencing deliberations is not a simple matter." Over the dissent of four judges, the U.S. Court of Appeals for the Fourth Circuit today denied rehearing en banc in a case that a divided three-judge panel decided in February. My coverage of the panel's ruling is here. The quote featured in the title of this post comes from the opinion of Circuit Judge J. Harvie Wilkinson III concurring in the denial of rehearing en banc.
Posted at 04:55 PM by Howard Bashman



"Baseball player cannot sue over beanball pitch; Majors or college, it's part of the game, state high court rules": Bob Egelko has this article today in The San Francisco Chronicle.

David Kravets of The Associated Press reports that "Beanball lawsuit sent to showers; Former community college player hit in head in 2001."

And the Metropolitan News-Enterprise reports that "State Supreme Court Rules Risk of Intentional Beanball 'Inherent' in College Baseball Game."

My earlier coverage is here.
Posted at 03:50 PM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Moussaoui Jurors See Vivid Sept. 11 Testimony" and "Sept. 11 Flight Recordings Tell a Heroic Human Story" (RealPlayer required).
Posted at 03:40 PM by Howard Bashman



"O'Connor Gets Honorary College Post": The Associated Press provides this report.

And The College of William and Mary provides a news release that begins, "April 7 promises to be a day of high pomp and circumstance leavened with a generous dose of Southwestern humility and humor. On that day, Supreme Court Justice Sandra Day O'Connor, a self-styled 'ranch girl' from rural Arizona, will be invested as the College of William and Mary's 23rd chancellor." You can view video of today's investiture ceremony via this link (QuickTime Player required).
Posted at 03:20 PM by Howard Bashman




"Defense Lawyer at Guantanamo Questions Military Commission": Jess Bravin has this article (free access) today in The Wall Street Journal.

The Los Angeles Times reports today that "Terror Suspect's Lawyer Risks Contempt Citation; The attorney's tactics seem designed to test the authority of the Guantanamo tribunals."

And The New York Times reports today that "Guantanamo Terror Suspect Mocks Tribunal."
Posted at 03:14 PM by Howard Bashman




"[C]ountless failures to produce documents occur in the federal courts every year. That is not a good thing. But we are not at a point at which it is foreseeable that such a failure will spawn a million-dollar bill for attorney fees." Seventh Circuit Judge Terence T. Evans issued this interesting opinion today on behalf of a unanimous three-judge panel of that court.
Posted at 02:58 PM by Howard Bashman



"Court Overturns SEC Mutual Fund Rules": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 02:50 PM by Howard Bashman



"Ex-Counsel at Enron, Not Skilling, Takes Stand": This article appears today in The New York Times.

The Washington Post reports today that "Skilling's State of Mind Recalled; Witness Weeps, Sees Family Behind Enron CEO's Exit."

The Houston Chronicle reports that "For Skilling, a weekend to wait, then the hot seat; He says he has 'nothing to hide' as ex-counsel is quizzed on who approved what."

And USA Today reports that "Skilling testimony put off to Monday."
Posted at 07:25 AM by Howard Bashman




"Politics a means to end on court; Justices say party ties that helped them get on bench don't lead to biased rulings": The Chicago Tribune today contains an article that begins, "Nearly 16 years ago, two men with deep ties to Cook County politics used support from the county's powerful Democratic Party organization to ascend to the highest court in the state."

And the newspaper also contains an editorial entitled "The Springfield Supremes."
Posted at 07:18 AM by Howard Bashman




"Moussaoui Jury Hears of Impact and Grief": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Horror Takes the Stand At the Moussaoui Trial."

The Los Angeles Times reports that "Giuliani Recalls Sept. 11 in Moussaoui Trial; In seeking the death penalty for the admitted terrorist, prosecutors bring in the former New York mayor to convey the attacks' horrors."

USA Today reports that "Horrors, sorrow of 9/11 fill hearing; Giuliani among witnesses at Moussaoui sentencing."

The Richmond Times-Dispatch reports that "Giuliani testifies at Moussaoui trial; Ex-mayor describes horror."

And The Washington Times reports that "Giuliani testifies to Moussaoui jurors."
Posted at 07:10 AM by Howard Bashman




"Jailed 4 1/2 Years in Land of the Free; In 2001, a Sri Lankan was arrested at the U.S. border and labeled a security threat; A court found the case absurd": This article appears today in The Los Angeles Times.
Posted at 07:05 AM by Howard Bashman



In today's edition of The Washington Post: An article reports that "DHS Argues Bargaining Case; Appeals Court Considers Whether Agency Can Override Contracts." In related coverage, Stephen Barr's "Federal Diary" column is headlined "Mediating the Fracas Over 'Flexibility' at Homeland Security."

And in other news, "Muhammad Submits Witness List, Includes Malvo."
Posted at 07:00 AM by Howard Bashman




"The Justices Miss the Point; Faced with a Virginia prisoner who may be innocent, the Supreme Court talks about treaties": This editorial appears today in The Washington Post.
Posted at 06:55 AM by Howard Bashman



"Don't Tamper With the Courts": The New York Times today contains an editorial that begins, "The debate over immigration in Congress has surfaced quite a few bad ideas. One of them is a proposal that the Senate is considering to restrict all appeals on immigration cases to a single federal court."
Posted at 06:48 AM by Howard Bashman


Thursday, April 06, 2006


"Defeat for General Plan Initiative; U.S. court refuses emergency request to hear appeal": The Monterey County Herald contains this article today.
Posted at 10:48 PM by Howard Bashman



"Government defends decision to fund Boy Scout event": This article will appear Friday in The Chicago Tribune.

And The Associated Press reports that "Boy Scout jamboree case argued in court."
Posted at 10:44 PM by Howard Bashman




Available online from law.com: Tony Mauro reports that "Justice Alito Joins Cert Pool Party."

In news from the Ninth Circuit, "Strong Dissent in Porn-Related Computer Search Case; Warrant based only on Web site membership."

In news from the Second Circuit, "Dismissed Athletic Director's Retaliation Claim Reinstated in Hazing Case."

In news from New York, "Tobacco Companies Handed a Win; States May Face $1B Loss."

And Justin Scheck reports that "New Indictments Loom in Milberg Case."
Posted at 10:35 PM by Howard Bashman




"This case presents an issue of first impression for this court: whether amending a complaint to add a defendant 'commences' a new suit under the Class Action Fairness Act of 2005." The U.S. Court of Appeals for the Fifth Circuit answered that question in the affirmative today in an opinion that you can access here.
Posted at 10:20 PM by Howard Bashman



"High court approves but limits informed consent abortion law": The Associated Press provides a report that begins, "A law requiring doctors to tell patients about abortion risks before performing the procedure won unanimous approval Thursday from the Florida Supreme Court, but the justices put some limitations on it."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 10:15 PM by Howard Bashman




Available online at Slate: Radley Balko has a jurisprudence essay entitled "No SWAT: The most important Supreme Court case you've never heard about."

And Law Professor Bruce Ackerman has a jurisprudence essay entitled "The Perils of Judicial Restraint: If the Supreme Court won't intervene on 'enemy combatant' cases, Congress must."
Posted at 06:00 PM by Howard Bashman




Apologies in advance: Today's broadcast of NPR's "Day to Day" contained a segment entitled "Apologizing, Legally, in British Columbia" (RealPlayer required).

In other coverage, The Toronto Globe and Mail yesterday contained an article headlined "Safe to say 'sorry' with new B.C. bill; Legislation would allow parties in dispute to apologize without threat of legal fallout."

And Canadian Press reports that "Act will remove legal liability of 'sorry'; B.C. Apology Act to 'promote early, mutually beneficial resolution of disputes.'"
Posted at 05:35 PM by Howard Bashman




"Happy Anniversary Prawfs!" Yesterday, "PrawfsBlawg" had this post commemorating its one-year anniversary.
Posted at 05:30 PM by Howard Bashman



Someday this will be the answer to the question "Which law school features the Crucial Swing Vote endowed chair in constitutional law?" Arizona State University yesterday issued a press release entitled "ASU names College of Law after O'Connor; Retired justice recognized for her lifelong contributions to public service for Arizona and the nation."

The Arizona Republic reports today that "ASU welcomes O'Connor with renaming of law college."

And the ASU Web Devil reports today that "Law school named after O'Connor; Renaming decision based on merit, not donation." The Web Devil also offers an editorial entitled "Law school name change a relief; O'Connor contributed more than money."
Posted at 05:18 PM by Howard Bashman




Second Circuit rules in favor of street preacher, declares unconstitutional City of Ithaca, New York's noise regulations: Today's ruling of the U.S. Court of Appeals for the Second Circuit can be accessed here.
Posted at 05:10 PM by Howard Bashman



"In these cases, we hold that facts stated in a presentence report may not, at sentencing, be deemed to be admissions by the defendant sufficient to bypass the Sixth Amendment right to a jury trial as articulated in United States v. Booker, 125 S. Ct. 738 (2005), even though the defendant, who had been given the presentence report before sentencing, did not object to the facts." A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued this circuit-split-creating decision.
Posted at 05:00 PM by Howard Bashman



"Judge Allows Sex Blogs Lawsuit to Proceed": The Associated Press provides this report.
Posted at 04:48 PM by Howard Bashman



U.S. Court of Appeals for the Eleventh Circuit holds that PROTECT Act's pandering provision is both substantially overbroad and vague, and therefore facially unconstitutional: In today's decision, the Eleventh Circuit has declared unconstitutional a provision that prohibits the promotion of child pornography.
Posted at 02:55 PM by Howard Bashman



"Cities can keep out big stores; Court upholds law in Turlock designed to block Wal-Mart": Bob Egelko has this article today in The San Francisco Chronicle.

And The Modesto Bee reports today that "Turlock wins one against Wal-Mart; Appellate court says ordinance against 'big box' stores legal."

You can access yesterday's ruling of California's Court of Appeal for the Fifth Appellate District at this link.
Posted at 02:28 PM by Howard Bashman




"For better or worse, being intentionally thrown at is a fundamental part and inherent risk of the sport of baseball. It is not the function of tort law to police such conduct." Today's ruling of the Supreme Court of California considering tort liability arising from a batter's being intentionally hit by a pitched ball can be accessed here. My earlier post linking to the intermediate appellate court's ruling is here.
Posted at 02:14 PM by Howard Bashman



"We consider whether a district judge may reject a guilty plea that satisfies all of the requirements of Federal Rule of Criminal Procedure 11(b)." So begins an opinion that Circuit Judge Alex Kozinski issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Today's decision holds that the district judge cannot reject the guilty plea.
Posted at 02:04 PM by Howard Bashman



Eighth Circuit rejects First Amendment challenge to Fayetteville, Arkansas' prohibition on certain flashing electronic signs: Today's ruling by a three-judge panel consists of an opinion from each judge on the panel.

Circuit Judge Steven M. Colloton's opinion concurring in the judgment begins, "In his 'as applied' challenge to Fayetteville's prohibition on flashing or blinking signs, John LaTour contends that it is impermissible under the First Amendment for the city to make one exemption to its overall ban by allowing time-and-temperature signs without advertising matter, while precluding him from operating a flashing sign on which he wishes to post various political and religious (and perhaps commercial) messages."
Posted at 12:15 PM by Howard Bashman




Divided three-judge Eighth Circuit panel holds invalid a Federal Bureau of Prisons regulation that limits the portion of an inmate's sentence that can be served in a Community Corrections Center, commonly known as a halfway house: Today's ruling of the U.S. Court of Appeals for the Eighth Circuit can be accessed here.
Posted at 12:04 PM by Howard Bashman



In today's edition of The New York Times: The newspaper contains an article headlined "A Homecoming, in Los Angeles, for Five Klimts Looted by Nazis."

And an editorial is entitled "Resolving the Wiretap Debate."
Posted at 11:50 AM by Howard Bashman




"ACLU Suit Challenges U.S. Funding For Jamboree": This article appears today in The Washington Post.

The Chicago Sun-Times reports today that "Pentagon, Boy Scouts fight court ruling on jamboree."

The Washington Times reports that "Virginia takes Scouts' side in suit."

The Free Lance-Star of Fredericksburg, Virginia reports today that "Scout case set today; ACLU wants jamboree moved from Fort A.P. Hill; Federal court case includes brief from Virginia in support of the Scouts."

And The Associated Press reports that "Boy Scout lawsuit back in court for appellate hearing."

My earlier coverage, linking to the appellate court briefs, is here.
Posted at 11:40 AM by Howard Bashman




In today's edition of The Wall Street Journal: The newspaper contains an editorial entitled "Swing Justice: Anthony Kennedy attacks the media and wonders if liberals hate him."

And Steven Greenhut has an op-ed entitled "The Anti-Kelo: A heavy government hand isn't necessary for economic development."
Posted at 11:23 AM by Howard Bashman




Just in time for baseball season: The Supreme Court of California today will decide a case presenting the question "Could a community college district be held liable to a student from another community college who was injured while participating in a preseason intercollegiate baseball game?"

In earlier press coverage of the case, the Metropolitan News Enterprise reported in August 2003 that "Community College Not Immune From Ballplayer’s Suit, C.A. Says."

You can access the earlier ruling of a divided three-judge panel of California's Court of Appeal for the Second Appellate District at this link.
Posted at 11:15 AM by Howard Bashman




"The First Zacarias Moussaoui Sentencing Verdict: Eligible for Death Based on His Own Contradictory, Uncorroborated Testimony." Elaine Cassel has this essay online at FindLaw.
Posted at 11:04 AM by Howard Bashman



Programming note: I am speaking at a West km event first thing this morning. Additional posts will follow.
Posted at 06:40 AM by Howard Bashman


Wednesday, April 05, 2006


"Skilling Set to Testify in Enron Trial": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:15 PM by Howard Bashman



"Moussaoui Trial to Bring Attacks Back for Jury": This article will appear Thursday in The Washington Post.
Posted at 10:08 PM by Howard Bashman



Available online from law.com: An article reports that "Calif. Supreme Court Sees Need for Disclosure of Sexual History."

In news from Georgia, "'Choose Life' License Tag May Hit a Bump in the Road."

And in news from Texas, "Jenkens' Proposed $85M Settlement With Ex-Clients Moves Closer to Finalization."
Posted at 10:05 PM by Howard Bashman




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 08:57 PM by Howard Bashman



"Jury: Merck Liable for Man's Heart Attack." The Associated Press provides this report.
Posted at 06:08 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 05:35 PM by Howard Bashman



"Lessons from the Moussaoui Trial": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 05:30 PM by Howard Bashman



"Moussaoui Judge OKs Playing Plane Tapes": The Associated Press provides this report. Today's ruling of the U.S. District Court for the Eastern District of Virginia can be accessed here.
Posted at 05:05 PM by Howard Bashman



"Lay, Skilling Plan to Take the Stand in Enron Trial": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 05:04 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 03:48 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 03:35 PM by Howard Bashman



"First woman on Illinois Supreme Court will retire this summer": The Associated Press provides this report. You can learn more about Justice Mary Ann G. McMorrow at this link.
Posted at 03:20 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 03:15 PM by Howard Bashman



In the April 10, 2006 issue of The Weekly Standard: Jeremy Rabkin has an essay entitled "Courting Abroad: The use and abuse of foreign law by the U.S. Supreme Court."

And David Gelernter has an essay entitled "Back to Federalism: The proper remedy for polarization."
Posted at 02:54 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 02:50 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 02:48 PM by Howard Bashman



"Paper Doll: Can you learn how to dress from a book?" The self-proclaimed newly-stylish Dahlia Lithwick has this fashion essay online at Slate.
Posted at 02:44 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 02:33 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 02:30 PM by Howard Bashman




"We therefore hold that the Internet is both a channel and instrumentality of interstate commerce and that Congress can regulate the downloading of child pornography over the Internet ... even if the transmission never crossed state lines." A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit today issued this decision written by Senior Circuit Judge Ruggero J. Aldisert.
Posted at 02:20 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



"2 O.C. men sue for right to marry; 2 O.C. men go to federal court, but rights groups seek same-sex marriage at state level": This article appears today in The Orange County Register.

And David Kravets of The Associated Press reports that "Same-Sex Marriage Lands Before Court."

The audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit can be downloaded via this link (Windows Media format).
Posted at 12:04 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




"Did 'Colbert' do justice to our Scalia scoop?" This article appears today in The Boston Herald.
Posted at 10:44 AM by Howard Bashman



The Sacramento Bee is reporting: Legal affairs writer Claire Cooper reports today that "State, attorneys wrangle over lethal injection review."

And in other news, "Divorce privacy bill moves ahead; Backers say records will be protected, but critics see bid to restrict public access."
Posted at 10:40 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 09:14 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 08:24 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 08:15 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 07:44 AM by Howard Bashman




"Guantanamo Judge Delays Suspect's Tribunal 3 Months": The Los Angeles Times contains this article today.

And The New York Times reports today that "Detainee Prosecutor Criticizes a Justice."
Posted at 07:40 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 07:38 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 07:35 AM by Howard Bashman




"Fundraising bricks were free speech, not establishment of religion, federal judge rules": The Syracuse Post-Standard today contains an article that begins, "The Mexico school district has been ordered to reinstall bricks bearing evangelical Christian messages in its high school sidewalk."

I have posted at this link a copy of last Friday's ruling of the U.S. District Court for the Northern District of New York.
Posted at 07:28 AM by Howard Bashman




"Court to Rule on Hiding Sexual History; State justices hear arguments over whether a person must tell a new partner of possible, but not confirmed, exposure to AIDS": Maura Dolan has this article today in The Los Angeles Times.

And in The San Francisco Chronicle, Bob Egelko reports today that "Justices hear privacy issues in HIV case; High court to decide if infected partner must tell spouse."
Posted at 07:12 AM by Howard Bashman




In today's edition of The Atlanta Journal-Constitution: An article headlined "Woman off hook over bumper sticker" begins, "Bashing President Bush will not cost an Athens woman $100 after all."

And in other news, "Gift card fee dispute goes to state high court."
Posted at 07:04 AM by Howard Bashman




"2 Justices Indicate Supreme Court Is Unlikely to Televise Sessions": Linda Greenhouse has this article today in The New York Times.
Posted at 06:54 AM by Howard Bashman



"No Bickering Over Consent: The Supreme Court Correctly Decides A Search And Seizure Case." FindLaw commentator Sherry F. Colb has this essay today.
Posted at 06:44 AM by Howard Bashman


Tuesday, April 04, 2006


"U.S. Resumes Military Trials At Guantanamo": Jess Bravin, reporting from Guantanamo Bay, Cuba, will have this article (pass-through link) Wednesday in The Wall Street Journal.

According to the article's second paragraph, "Outside the hearing room, the chief military prosecutor took the unusual step of upbraiding Supreme Court Justice Stephen Breyer for a question he asked at last week's oral argument, suggesting that the justice didn't appreciate the gravity of threats facing the U.S. or the sacrifices of military personnel."
Posted at 11:20 PM by Howard Bashman




Available online from National Public Radio: Today's broadcast of "Talk of the Nation" contained a segment entitled "High Court Stays Out of Padilla Case" featuring David G. Savage.

And this evening's broadcast of "All Things Considered" contained a segment entitled "Ga. Illegal Hires Case Pends in Supreme Court."

RealPlayer is required to launch these audio segments.
Posted at 10:30 PM by Howard Bashman




"High Court Cases Put International Law in the Spotlight; Justices examine Geneva and Vienna conventions in two critical cases": law.com's Marcia Coyle provides this report.
Posted at 10:20 PM by Howard Bashman



"14 Dogs Is 10 Too Many, Supreme Court Says": Lynne Tuohy has this article today in The Hartford Courant. Yesterday's ruling of the Supreme Court of Connecticut consists of a majority opinion and a concurring opinion.
Posted at 10:15 PM by Howard Bashman



"Senate confirms New Jersey lawyer to appeals court": The Associated Press provides a report that begins, "The U.S. Senate on Tuesday confirmed President Bush's nomination of a New Jersey lawyer to the Philadelphia-based 3rd U.S. Circuit Court of Appeals."
Posted at 05:10 PM by Howard Bashman



Tea and crackers: Demonstrating that his mastery of language is not limited to obscure English, today First Circuit Judge Bruce M. Selya, on behalf of a unanimous three-judge panel, issued a decision in a case from Puerto Rico affirming a trademark injunction that prohibited the defendant from "advertising, distributing, or selling cookies or crackers in Puerto Rico under the trade name 'Ricas.'"

Meanwhile, a reader emails to complain that I have thus far overlooked a decision that the U.S. Court of Appeals for the Second Circuit issued today: "I thought you might be interested in this Second Circuit opinion released today. If for no other reason, how often do federal courts use the term 'tea-bagging'?? As you'll see, the case involves a section 1983 employment retaliation action rooted in a high school football hazing incident."
Posted at 05:05 PM by Howard Bashman




"Pay-Raise-Related Cases Argued Before State Supreme Court": The Legal Intelligencer provides a news update (free access) that begins, "The wake of last year's pay raise affair washed over Philadelphia today in the form of a two-and-half-hour oral argument session before the Pennsylvania Supreme Court involving three closely related cases."

And The Philadelphia Inquirer provides a news update headlined "Pa. Supreme Court hears arguments in pay raise cases."
Posted at 04:55 PM by Howard Bashman




Happy first half-birthday to "Concurring Opinions": The celebration begins here. For those keeping track, in one month and two days from now, "How Appealing" will celebrate its eighth half-birthday.
Posted at 04:45 PM by Howard Bashman



"Supreme Court Pushes Back on Televised Proceedings; Annual budget hearing turns into a platform for Justices Kennedy and Thomas to vent on issues of interest to the high court": law.com's Tony Mauro provides this news update. A bit earlier today, I linked here to archived online video of this morning's hearing.
Posted at 04:40 PM by Howard Bashman



"Jurors Permit Death Penalty for Moussaoui": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Moussaoui Found Eligible for Death; In Next Phase of Trial, Federal Jury to Decide Whether 9/11 Conspirator Should Be Executed."

The Los Angeles Times reports that "Terrorist a Step Closer to Death; Jurors will decide if Moussaoui is to be executed; Defense may argue he is mentally ill."

The Sacramento Bee reports that "Moussaoui jurors find him eligible for death penalty; 'God curse you all!' says the admitted 9/11 conspirator."

The Richmond Times-Dispatch contains an article headlined "Jury: Moussaoui is eligible to get death penalty; Next comes testimony from Sept. 11 survivors and victims' families."

USA Today reports that "Jury moves Moussaoui closer to death; 9/11 convict eligible for execution; next phase to determine sentence."

The Washington Times reports that "Death OK'd for Moussaoui."

And today's broadcast of NPR's "Morning Edition" contained segments entitled "Moussaoui Defiant in Face Death Penalty Ruling" and "The Legal View of the Moussaoui Sentencing Trial" (RealPlayer required).
Posted at 04:35 PM by Howard Bashman




"North Platte man seeks judges' ouster": This past Saturday's edition of The Lincoln Journal Star contained an article that begins, "A North Platte man is attempting to organize committees to campaign against the retention of two Nebraska Supreme Court judges in the November election."
Posted at 04:02 PM by Howard Bashman



"Supreme Court Still Says No to Cameras": Gina Holland of The Associated Press provides this report.
Posted at 03:32 PM by Howard Bashman



"House Appropriations Subcmte. Hearing on the Supreme Court": C-SPAN has archived at this link (RealPlayer required) the video of this morning's congressional hearing (which I previewed here) at which Justices Anthony M. Kennedy and Clarence Thomas testified.
Posted at 02:14 PM by Howard Bashman



Seventh Circuit Judge Richard A. Posner issues a very interesting decision examining the "ministerial exception" to federal jurisdiction: Today's ruling, on behalf of a unanimous three-judge panel, can be accessed here.

In today's ruling, the Seventh Circuit condemns as "unsound" the Second Circuit's recent ruling, by a divided three-judge panel (the dissenting opinion is here), suggesting that the Religious Freedom Restoration Act of 1993 may preclude a minister's federal age discrimination claim against his church, thereby eliminating any need for the Second Circuit to consider whether to adopt a "ministerial exception" to the ADEA. My earlier coverage of that Second Circuit ruling can be accessed here.
Posted at 01:05 PM by Howard Bashman




"With the walls of our homes breached by the Internet, our next best defense is the law." So writes Ninth Circuit Judge Stephen S. Trott, at the outset of his lengthy dissent today from a three-judge panel's ruling that a district court erred in admitting into evidence stories extracted from the defendant's PDA about a father's having sex with his young daughter and the daughter's enjoyment of the experience. The defendant-appellant was convicted of traveling across state lines with intent to engage in a sexual act with a minor and using an interstate facility to attempt to persuade a minor to engage in sex. Today's decision, by a 2-1 vote, necessitates a new trial of the case.
Posted at 12:58 PM by Howard Bashman



"Moussaoui: the first verdict, and the next phase." Lyle Denniston has this post today at "SCOTUSblog." My Moussaoui mainstream media press coverage round-up is forthcoming.
Posted at 12:34 PM by Howard Bashman



Eighth Circuit affirms decision holding Arkansas school district in contempt for violating injunction that prohibits orchestrating or supervising prayers at school graduation or baccalaureate ceremonies: You can access today's per curiam decision at this link.
Posted at 12:20 PM by Howard Bashman



"Ruling on petitions could crimp direct democracy": Today in The Sacramento Bee, columnist Daniel Weintraub has an op-ed that begins, "California's system of direct democracy could be threatened by a recent federal court decision concluding that the federal Voting Rights Act requires petitions circulated by private citizens to be translated into foreign languages." (Via Rick Hasen's "Election Law" blog).
Posted at 12:10 PM by Howard Bashman



"Ahenakew appeals hate conviction; Conversation with reporter was private: lawyer." The Saskatoon StarPhoenix today contains an article that begins, "Society is moving down a slippery slope towards a 'tattle-tale police state' in which private speech no longer exists, claims the lawyer representing disgraced Indian leader David Ahenakew."

In other coverage, CBC News reports that "Ahenakew lawyer says controversial conversation was private." And CTV.ca reports that "Ahenakew begins appeal for hate conviction."
Posted at 11:35 AM by Howard Bashman




"British Lawyers Build Case Against Wigs; Traditionalists Defend Headpieces, but Others Call Them Silly Relics; Plus, They Itch": This article appears today in The Washington Post (via "Opinio Juris"). In earlier coverage, The Solomon Star based in Honiara, Solomon Islands, last month had an article headlined "Wig shortage."
Posted at 11:15 AM by Howard Bashman



In news from Pennsylvania: The Associated Press provides a report headlined "Court to hear pay-raise lawsuits" that begins, "It's the state Supreme Court's turn to pass judgment on the pay raises state legislators voted for themselves, judges and senior executive-branch officials, and later repealed. The court will hear oral arguments in three pay-raise lawsuits in Philadelphia today, in the midst of a primary election season dominated by the topic."

And The Allentown Morning Call today contains an editorial entitled "Pay-raise questions in state, federal courts may shed light on Harrisburg integrity."
Posted at 11:05 AM by Howard Bashman




"Enron Defense Team Begins to Call Witnesses": This article appears today in The Washington Post.

The New York Times today contains articles headlined "In Enron Trial, a Calculated Risk" and "A Lead Lawyer's Illness Hinders Defense Team as It Starts to Present Its Case."

The Los Angeles Times reports that "Enron Defense Takes Aim at Witnesses; An ex-employee testifies that her boss, who pleaded guilty, told her he was really innocent."

Mary Flood of The Houston Chronicle reports that "Defense witness charges perjury; Ex-top aide says Mark Koenig told her he was innocent when he pleaded guilty." And an article reports that "Lay's lawyer going back to hospital for further heart tests; Surgery to check stent implanted in artery last month."
Posted at 10:58 AM by Howard Bashman




"Life ain't a cabaret, judge rules": The New York Daily News today contains an article that begins, "Dancing may be fun - but it's not protected by the Constitution, a judge ruled yesterday." Yesterday's ruling of the Supreme Court of the State of New York for the County of New York can be accessed here.
Posted at 10:50 AM by Howard Bashman



Congratulations to newly-confirmed Third Circuit Judge Michael A. Chagares: This morning's just-concluded confirmation vote in the U.S. Senate was 98-0.
Posted at 10:37 AM by Howard Bashman



"Thorny legal issues in case of HIV in marriage; State's top court to weigh privacy right, liability for harm": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:00 AM by Howard Bashman



"Transgender person sues, alleging job harassment": This article appears today in The Sacramento Bee.
Posted at 09:58 AM by Howard Bashman



Justices Anthony M. Kennedy and Clarence Thomas are scheduled to testify this morning before the Subcommittee on Transportation, Treasury, Housing and Urban Development, The Judiciary, District of Columbia of the Committee on Appropriations of the U.S. House of Representatives: C-SPAN plans to televise the hearing live at 10 a.m. eastern time. You can access C-SPAN online using either RealPlayer or Windows Media Player.
Posted at 08:15 AM by Howard Bashman



"Killer's Retardation Claim Is Denied; Riverside County judge upholds death sentence of a man who shot a boy in 1984; His case now goes to state's high court": The Los Angeles Times contains this article today.

And The Press-Enterprise reports today that "Attempt to overturn death sentences fails; The judge didn't believe witnesses that Kelly was retarded; He killed three in the 1980s."
Posted at 08:00 AM by Howard Bashman




"Judge strikes down Mich. law on ultraviolent video games; Federal jurist says Constitution protects games and the regulation may not be implemented": This article appears today in The Detroit News.

And The Detroit Free Press today contains an article headlined "Judge: Ban on violent video games is illegal; Free speech cited; state may appeal."

I have posted online at this link a copy of last Friday's ruling of the U.S. District Court for the Eastern District of Michigan.
Posted at 07:50 AM by Howard Bashman




"Prisoners' side struggles in reading-material case": Tony Mauro had this news analysis last week at the First Amendment Center.
Posted at 07:45 AM by Howard Bashman



"O'Connor to Join Foundation Board": The New York Times today contains an article that begins, "Sandra Day O'Connor, who retired from the Supreme Court in January, will join the board of the Rockefeller Foundation in June, the foundation, based in New York, announced yesterday."
Posted at 07:15 AM by Howard Bashman



"Justices Decline Terror Case of a U.S. Citizen": Linda Greenhouse has this article today in The New York Times. And a related editorial is entitled "The High Court Punts."

Today in The Los Angeles Times, David G. Savage reports that "High Court Declines to Take Up 'Dirty Bomber' Case; Left open is whether the president can claim war powers to detain suspects without a trial."

In USA Today, Joan Biskupic reports that "Supreme Court rebuffs appeal by Padilla."

Newsday reports that "Detainee's new appeal is rejected; Supreme Court will not hear case of Jose Padilla, citizen held as 'enemy combatant' and later indicted."

The Washington Times reports that "'Enemy combatant' category undecided."

The Toronto Globe and Mail reports that "U.S. court rejects appeal by 'enemy combatant'; Justices sidestep citizen's challenge to Bush war powers."

And The Washington Post contains an editorial entitled "Permission to Back Down; The Supreme Court leaves a showdown over military detentions for another day."
Posted at 07:05 AM by Howard Bashman



Monday, April 03, 2006


"Court backs White House on terror suspects": Patti Waldmeir has this article in Tuesday's edition of Financial Times.
Posted at 10:15 PM by Howard Bashman



"High Court Will Not Review Padilla Case; 'Enemy Combatant' Ruling Left Intact": Charles Lane will have this article Tuesday in The Washington Post.
Posted at 10:08 PM by Howard Bashman



"When You Wish Upon a Scar: Zacarias Moussaoui finally makes his dreams come true." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:02 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Supreme Court Won't Hear Padilla Detainee Case" (featuring Nina Totenberg) and "Jury Decides Moussaoui Is Eligible for Execution." RealPlayer is required to launch these audio segments.
Posted at 09:48 PM by Howard Bashman



Tomorrow morning, the U.S. Senate will vote to confirm Michael A. Chagares to the U.S. Court of Appeals for the Third Circuit: He will fill the vacancy created when Michael Chertoff left that court. The confirmation will have occurred rapidly by modern standards.
Posted at 09:10 PM by Howard Bashman



"Justice Ginsburg to speak Friday at UNL": The Lincoln (Neb.) Journal Star contains this article today. Additional information is available at this link.
Posted at 08:24 PM by Howard Bashman



"Pryor: Faith helps his role as judge; UA conference seeks common ground on religious issues." This article appears today in The Crimson White.
Posted at 08:18 PM by Howard Bashman



"Bush team wins on power to detain, for now; The Supreme Court opted not to hear an appeal by Jose Padilla challenging his three-year detention": Warren Richey will have this article Tuesday in The Christian Science Monitor.

And Stephen Henderson of Knight Ridder Newspapers reports that "Justices refuse to weigh in on Padilla case."
Posted at 08:14 PM by Howard Bashman




"Doctor flies into South Dakota to perform abortions": CNN.com provides this report.
Posted at 08:10 PM by Howard Bashman



"High Court to Consider Deportation Cases": The Associated Press provides this report.
Posted at 06:10 PM by Howard Bashman



"The 'Enemy' Delivers Himself": CBS News legal analyst Andrew Cohen has this essay on today's verdict in the Zacarias Moussaoui case.
Posted at 06:02 PM by Howard Bashman



"The settlement agreement resolves claims against the Jenkens & Gilchrist Defendants arising out of tax strategies allegedly devised by them and Deutsche Bank, and allegedly marketed by co-defendant BDO Seidman, L.L.P." In a lengthy opinion dated last Friday but posted online today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit upholds in most respects a class-wide settlement with defendant law firm Jenkens & Gilchrist and three of its attorneys in a class-action lawsuit alleging improper and fraudulent tax counseling.
Posted at 05:08 PM by Howard Bashman



"We conclude that Crawford announced a new rule not retroactively applicable to cases on collateral review": The U.S. Court of Appeals for the Eleventh Circuit today issued this opinion considering the applicability of the U.S. Supreme Court's ruling in Crawford v. Washington (2004) on habeas review where the defendant's conviction was final when the decision in Crawford issued.
Posted at 04:55 PM by Howard Bashman



"Jury Finds Moussaoui Eligible for Execution": The Washington Post provides this news update.
Posted at 04:28 PM by Howard Bashman



BREAKING NEWS -- "Moussaoui Found Elegible for Death Penalty": The Associated Press provides this report.
Posted at 04:07 PM by Howard Bashman



Access online the Zacarias Moussaoui special verdict form: It is available here.
Posted at 04:02 PM by Howard Bashman



"High Court Refuses to Hear Padilla Appeal": law.com's Tony Mauro provides this news update.

And David G. Savage of The Los Angeles Times provides a news update headlined "Supreme Court Rejects Padilla Appeal."
Posted at 03:58 PM by Howard Bashman




"Slate's Jurisprudence: High Court Dodges Padilla." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:55 PM by Howard Bashman



BREAKING NEWS -- "Moussaoui Jury Reaches Verdict": The Associated Press provides this report. According to CNN.com, the verdict will be announced at 4 p.m.
Posted at 03:04 PM by Howard Bashman



"May It Please the Client: Appellate Practices Expand." Peter Lattman has this post at The Wall Street Journal Online's "Law Blog."
Posted at 02:55 PM by Howard Bashman



"Anatomy of a Bad Law": In the April 17, 2006 issue of The Nation, Lauren Bans will have an essay that begins, "In February the South Dakota legislature overwhelmingly passed a bill banning all abortion unless the life of the mother is endangered, with no exceptions for rape or incest."
Posted at 02:44 PM by Howard Bashman



"People v. Supreme Court: How a cold-calling ambulance-chaser challenged the country's most revered institution." Noam Scheiber's profile of Tom Goldstein of "SCOTUSblog," published in the April 10, 2006 issue of The New Republic, can be accessed here (pass-through link). The image of Tom from this week's cover of that magazine is front and center today at The New Republic Online's web site.
Posted at 02:24 PM by Howard Bashman



On today's broadcast of the public radio program "Here & Now": The broadcast contained segments entitled "The High Court and Jose Padilla" (featuring Lyle Denniston) and "Defense in Enron Case." RealPlayer is required to launch these audio segments.
Posted at 02:18 PM by Howard Bashman



"Senate Judiciary Cmte. Hearing on Immigration Issues": C-SPAN has archived at this link (RealPlayer required) the video of this morning's hearing of the Senate Judiciary Committee on the subject of whether the U.S. Court of Appeals for the Federal Circuit should handle all immigration appeals.

My earlier coverage of the hearing is here. My previews of the hearing and legislation at issue can be accessed here, here, here, and here.
Posted at 12:45 PM by Howard Bashman




"CAFC: Patent Rights are Not Protected by the Fifth Amendment." The "Patently-O: Patent Law Blog" today provides this post about Friday's ruling of the U.S. Court of Appeals for the Federal Circuit. My earlier coverage of that ruling is here.
Posted at 12:35 PM by Howard Bashman



"Padilla Rejected by Supreme Court on Combatant Status": Greg Stohr of Bloomberg News provides this report.

And James Vicini of Reuters reports that "US high court won't review Bush's terrorism powers."
Posted at 12:05 PM by Howard Bashman




Federal Circuit Chief Judge Paul R. Michel corrects Howard Mintz of The San Jose Mercury News regarding that court's jurisdiction: As I noted here yesterday, in an article published yesterday Mintz reported that "the Washington, D.C.-based Federal Circuit Court of Appeals ... currently specializes in patent and bankruptcy cases."

Update: Federal Circuit Chief Judge Michel and Second Circuit Chief Judge John M. Walker, Jr. have thus far testified against the proposed centralization of immigration appeals in the Federal Circuit. Ninth Circuit Judge Carlos T. Bea next testified in favor of the legislation. Thereafter, Senior Second Circuit Judge Jon O. Newman testified against the legislation. In the alternative, Judge Newman suggests a specialized court modeled on the FISA or TECA courts consisting of judges drawn from federal courts throughout the Nation. Finally, U.S. District Judge John M. Roll (D-Ariz.) testified in favor of the legislation.
Posted at 10:11 AM by Howard Bashman




Today's U.S. Supreme Court Order List: Today's Order List can be accessed here. The Court granted review in two cases presenting the same issue, which were consolidated for a single hour of oral argument.

In the Jose Padilla case, the Court today denied review. The denial was accompanied by a concurring opinion by Justice Anthony M. Kennedy, in which the Chief Justice and Justice John Paul Stevens joined, and by a dissenting opinion by Justice Ruth Bader Ginsburg. Justices David H. Souter and Stephen G. Breyer also noted that they voted to grant review, meaning that the case fell one vote shy of achieving the grant of certiorari.

At "SCOTUSblog," Lyle Denniston has a post titled "Court refuses to hear Padilla appeal." Denniston also reports that the Court issued no opinions in argued cases today.

And Gina Holland of The Associated Press reports that "Supreme Court Rejects War Powers Case."
Posted at 10:02 AM by Howard Bashman




"A Simmering Border Dispute; A plan to have the Federal Circuit hear immigration appeals worries judges and advocates alike": This article (free access) appears in today's issue of Legal Times.

Today at 10 a.m., the Senate Judiciary Committee holds a hearing on the issue. My earlier coverage is here.

Update: C-SPAN will provide live coverage of the hearing (in RealPlayer and Windows Media Player formats), while the Judiciary Committee's own live video feed can be accessed here (RealPlayer required). The witness list is here. Four federal appellate judges, and one U.S. District Judge (who happens to be a vocal proponent of a Ninth Circuit split) are slated to testify.
Posted at 08:14 AM by Howard Bashman




"Who's on the Argument Panel: Why Ignorance Isn't Bliss." Today's brand new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 07:20 AM by Howard Bashman



"Fateful Days Ahead for Enron's Lay, Skilling; Colleagues' confessions may make it difficult for defendants to persuade a jury of their innocence": The Los Angeles Times contains this article today.

And The Houston Chronicle reports today that "Former employees watch, wait and weigh in."
Posted at 07:15 AM by Howard Bashman




"Non-English Speakers Want Their Say in Court; Much to the frustration of immigrants trying to navigate California's civil system, interpreters are provided only for certain cases": This article appears today in The Los Angeles Times.
Posted at 07:14 AM by Howard Bashman



"Moussaoui jurors deal with evidence; It includes document of statements made by Sept. 11's chief planner": The Richmond Times-Dispatch contains this article today.

And The Los Angeles Times today contains an article headlined "In Court, Two 20th Hijackers Stand Up; Zacarias Moussaoui is on trial for his role in 9/11, but officials now agree it's likely another detainee was to play a part in the attacks."
Posted at 07:12 AM by Howard Bashman




"Papers, Web sites in scrape on stories; Unpaid use angers some publishers": This article appears today in The Chicago Tribune.
Posted at 07:08 AM by Howard Bashman



"Gay Marriage Advocates Battle in Courts": David Kravets of The Associated Press provides this report.
Posted at 06:58 AM by Howard Bashman



The New York Times is reporting: In today's newspaper, Adam Liptak reports that "Prosecution of Midwife Casts Light on Home Births."

And in other news, "The Abortion-Rights Side Invokes God, Too."
Posted at 06:55 AM by Howard Bashman




"Anthony Kennedy Is Ready for His Close-Up": Adam Cohen has this "Editorial Observer" essay today in The New York Times.
Posted at 06:50 AM by Howard Bashman



"Kennedy's Assault on Editorial Writers": Charles Lane has this "Full Court Press" column today in The Washington Post.
Posted at 06:45 AM by Howard Bashman



"Legal Judgments Soaring Against Iran": Josh Gerstein has this article today in The New York Sun.
Posted at 06:42 AM by Howard Bashman



"Blawg Review #51": Available here, at "Declarations and Exclusions."
Posted at 06:40 AM by Howard Bashman


Sunday, April 02, 2006


"Pa. prison system moves to ban porn": The Associated Press provides this report.
Posted at 11:50 PM by Howard Bashman



"Tribunal system troubled, says military law expert; A symposium at Roger Williams law school looks at military law and the war on terror": This article appeared yesterday in The Providence Journal.
Posted at 11:14 PM by Howard Bashman



"Chief Justice Nominee Rattles Some; Judges Fear Possible Separation Of Courts, Support Agencies": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 10:42 PM by Howard Bashman



"Patently Absurd: eBay is the latest outfit to face a major patent lawsuit that threatens its business; Is the system, meant to promote innovation, doing its job?" This article will appear in the April 10, 2006 issue of Time magazine.
Posted at 10:02 PM by Howard Bashman



"Transexual Can Sue for Sex Discrimination Under Title VII": My former colleague Paul M. Secunda has this post at "Workplace Prof Blog." My earlier coverage is here.
Posted at 08:15 PM by Howard Bashman



"Judge Bennett and Judicial Activism": Today at "OrinKerr.com," a post begins, "Last month, Chief Judge Mark Bennett of the United States District Court for the Northern District of Iowa made comments at a forum at Drake Law School in which he criticized other judges for engaging in judicial activism."
Posted at 08:02 PM by Howard Bashman



"The Senate Game Plan": Ed Whelan, an insightful watcher of the judicial confirmation process, has this post at National Review Online's "Bench Memos" blog.
Posted at 07:38 PM by Howard Bashman



In today's edition of The New York Times: An article about the Rhode Island lead paint case is headlined "The Nuisance That May Cost Billions."

In news from Connecticut, "Gay Marriage Case Now Before the Court."

And in a shocking oversight, somehow being the author of the blog "Sugar, Mr. Poon?" did not merit mention in Tobias James Stern's wedding announcement.
Posted at 07:23 PM by Howard Bashman




In Monday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "What gay-marriage ruling means for other states; Massachusetts' decision puts the focus on states that don't explicitly prohibit gay marriage"; "Moussaoui trial fills in details of 9/11 plot; A key piece of evidence indicates one planner thought the operation would be easy, and that a second wave of attacks was postponed"; and "In Enron trial, a novel - even brash - defense."
Posted at 07:08 PM by Howard Bashman



"Jurors to peer into minds of Lay, Skilling; Discerning their intent will be one factor in verdict": Mary Flood has this front page article today in The Houston Chronicle, along with a related article headlined "Judging best, worst and oddest moments in courtroom." Today's newspaper also reports that "Government passed on several witnesses to keep it simple; Causey, Kopper among notables who didn't testify."

And in the April 10, 2006 issue of Newsweek, columnist Allan Sloan will have an essay entitled "Truth, Justice and the Enron Trial."
Posted at 04:55 PM by Howard Bashman




Philadelphia Phillies 5; Boston Red Sox 0: My son and I were at Citizens Bank Park today, for the final Phillies pre-season game of the year. Our new seats for the Sunday home games this season are a vast improvement over where we were last season. A recap of today's game can be accessed here.
Posted at 04:40 PM by Howard Bashman



"Plan to Reroute Immigration Appeals Hits Some Red Lights; Republicans say they want to ease the jam of deportation cases; But judges and civil rights advocates argue a single court is not the answer": Maura Reynolds has this article today in The Los Angeles Times.

And today in The San Jose Mercury News, Howard Mintz has an article headlined "Idea to shift deportation, asylum cases still pursued." Mintz writes, "At the core of Specter's plan is a proposal to transfer all immigration appeals from federal courts around the country to the Washington, D.C.-based Federal Circuit Court of Appeals, which currently specializes in patent and bankruptcy cases." Somehow, the Federal Circuit's specialization in bankruptcy cases has managed to elude my attention until now. The Federal Circuit's own description of the sorts of cases it handles can be accessed here.

At 10 a.m. eastern time tomorrow, the Senate Judiciary Committee will hold a hearing on this matter. The witness list can be accessed here.
Posted at 09:40 AM by Howard Bashman




"Bernard Siegan, 81; Legal Scholar Fought for Economic Rights": This obituary appeared Friday in The Los Angeles Times.

And last Wednesday at National Review Online, Gail Heriot and Maimon Schwarzschild had an essay entitled "Bernard H. Siegan, R.I.P."

Yesterday, I linked here to the obituary published in The New York Times.
Posted at 08:17 AM by Howard Bashman




"The Over-the-Top Justice": The New York Times today contains an editorial that begins, "Supreme Court justices need not be hermits. No one expects them to dwell in a bubble, never venturing out in public or speaking their minds on legal topics before bar groups. But justices do have a duty to avoid off-the-bench behavior hurtful to the court's reputation and mission, which Justice Antonin Scalia, sad to say, keeps ignoring."
Posted at 08:14 AM by Howard Bashman


Saturday, April 01, 2006


"The Hustler: Meet Tommy Goldstein." The New Republic's April 10, 2006 cover story on Tom Goldstein (founder of "SCOTUSblog") can be accessed here (pass-through link).
Posted at 10:18 PM by Howard Bashman



"Muhammad to defend self; Sniper suspect insists upon acting as his own attorney in Md. trial": This article appears today in The Baltimore Sun.
Posted at 10:10 PM by Howard Bashman



"Justices subject of ethics filings; Two complaints made in Johnson case": The St. Paul Pioneer Press today contains an article that begins, "Two attorneys -- a Minnesota House member and a crusader against state Supreme Court rules -- filed separate ethics complaints Friday against members of the high court and a former chief justice regarding comments Senate Majority Leader Dean Johnson made about them." The newspaper has posted online copies of the ethics complaints here and here.
Posted at 07:50 PM by Howard Bashman



"Snap judgment: Photog did 'right thing.'" The Boston Herald today contains an article that begins, "The freelance photographer fired from his job at a Catholic Church newspaper for releasing a picture of U.S. Supreme Court Justice Antonin Scalia making a controversial gesture in church has garnered support from across the country for 'doing the right thing.'"
Posted at 02:24 PM by Howard Bashman



In today's edition of The Boston Globe: The newspaper contains editorials entitled "Marriage rites and wrongs" and "The FBI on trial."
Posted at 02:20 PM by Howard Bashman



Two heads aren't always better than one: The South Florida Sun-Sentinel today reports that "Woman accepts deal in skull case; Improper use plea may help Haitian avoid deportation."
Posted at 02:18 PM by Howard Bashman



"$250K reward for Laci Peterson's 'real killer'; Some are skeptical of offer made by husband's family": This article appears today in The Modesto Bee. Additional information is available at the web site ScottPetersonAppeal.Org.
Posted at 02:10 PM by Howard Bashman



"Court Ruling May Remove Some of the Drama From Massachusetts Criminal Trials": Sunday's edition of The New York Times will contain this article.
Posted at 01:55 PM by Howard Bashman



"Jury adjourns in Moussaoui case; Panel takes weekend off; deliberations will resume Monday": This article appears today in The Richmond Times-Dispatch.
Posted at 07:54 AM by Howard Bashman



"Court: Suit against Merck can go on." The Newark Star-Ledger today contains an article that begins, "A New Jersey appeals court dealt Merck a setback yesterday by ruling a nationwide, class-action lawsuit can proceed, allowing insurers and health plans an opportunity to recover billions of dollars spent on the Vioxx painkiller."
Posted at 07:50 AM by Howard Bashman



"Not a Law: A bill passed by only one house of Congress just doesn't count." The Washington Post contains this editorial today.
Posted at 07:45 AM by Howard Bashman



"Bernard Siegan, 81, Legal Scholar and Reagan Nominee, Dies": The New York Times today contains an obituary that begins, "Bernard H. Siegan, a conservative legal scholar whose unsuccessful nomination to a federal appellate judgeship was one of the most bitterly disputed judicial nominations of the Reagan era, died on Monday in Encinitas, Calif. He was 81 and lived in San Diego."
Posted at 07:44 AM by Howard Bashman



"McDermott: Taping Dispute Not Personal." The Associated Press provides this report.
Posted at 07:40 AM by Howard Bashman



"Terrorists and the Supreme Court: Will the Justices defer to the political branches on war powers?" This "Hot Topic" item appears today in The Wall Street Journal.
Posted at 07:38 AM by Howard Bashman






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