How Appealing



Thursday, April 6, 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



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



“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



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 5:35 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 5:18 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 5:00 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 2:14 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



“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



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