How Appealing

Tuesday, April 29, 2008

"Port Authority Liable in 1993 Trade Center Attack": The New York Times on Wednesday will contain an article that begins, "A state appeals court ruled on Tuesday that the Port Authority was liable for damages caused by the 1993 World Trade Center bombing, because it knew about but chose to ignore 'an extreme and potentially catastrophic vulnerability that would have been open and obvious to any terrorist who cared to investigate and exploit it.'"

And The Associated Press reports that "Agency loses appeal in 1993 World Trade Center bombing case."

You can access today's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.
Posted at 11:14 PM by Howard Bashman



"State appeals ceded lands ruling to U.S. Supreme Court": The Honolulu Star-Bulletin provides this news update.

And The Honolulu Advertiser provides a news update headlined "State appeals ceded lands ruling."
Posted at 11:04 PM by Howard Bashman



"Sun-Times, Trib ask court to unseal R. Kelly documents, proceedings": The Chicago Sun-Times today contains an article that begins, "News organizations asked the Illinois Supreme Court on Monday to order a judge to unseal court documents and proceedings in R&B star R. Kelly’s child pornography case."
Posted at 11:00 PM by Howard Bashman


"Judge in veil case to issue written ruling; Woman takes case to federal court; lawyer says rights violated": The Detroit Free Press provides a news update that begins, "A Muslim woman who lost a small-claims suit in Hamtramck district court in 2006 after she refused to remove her religious veil during testimony took her case before a federal judge today, hoping to overturn the district judge's decision and establish precedent in eastern Michigan courtrooms."
Posted at 08:32 PM by Howard Bashman


"A timely reminder from Justice Stevens: Supreme Court's voter ID ruling underscores high stakes for new president." Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 08:10 PM by Howard Bashman


"Va. Supreme Court to revisit divisive spam case; It upheld convictions but will consider constitutional issue": The Richmond Times-Dispatch today contains an article that begins, "The Supreme Court of Virginia yesterday agreed to a limited rehearing of its closely divided decision upholding the first felony spam convictions in the country."

My earlier coverage of the Supreme Court of Virginia's original 4-3 ruling in this case, issued February 29, 2008, appears here and here.

Yesterday's order granting rehearing on specified issues can be accessed at this link.
Posted at 08:04 PM by Howard Bashman



"O'Connor to hear cases as visiting judge to Hub court; Ex-justice to serve US appeals court": The Boston Globe today contains an article that begins, "She left the nation's highest court two years ago, but retired US Supreme Court justice Sandra Day O'Connor evidently still likes to hear lawyers make arguments before her. And where better than Boston to watch members of the bar mix it up? O'Connor is scheduled to serve as a visiting judge today on the US Court of Appeals for the First Circuit at the John Joseph Moakley Courthouse, said Susan Goldberg, deputy circuit executive."

And today in The Providence (R.I.) Journal, Edward Fitzpatrick reports that "O’Connor back on the bench."
Posted at 07:48 PM by Howard Bashman



"Gettysburg trip changed perspective of Supreme Court justice": Mark Sherman of The Associated Press has a report that begins, "A trip to the Gettysburg battlefield changed Supreme Court Justice David Souter's perspective on handling difficult cases that inevitably come a judge's way. In a rare public address Tuesday, Souter admitted that at least one Supreme Court case -- he didn't name it -- once prompted him to ask, 'Why do I have to resolve that case?'"
Posted at 06:05 PM by Howard Bashman


"Court: FDA should address restaurant calorie listings issue." The Associated Press provides a report that begins, "A federal appeals court said Tuesday it wants to hear the Food and Drug Administration's position on whether its rules permit cities to force restaurants to display calorie counts for their menu items."
Posted at 05:11 PM by Howard Bashman


"Law Restricting College Aid for Drug Offenders Upheld": At "The School Law Blog" of Education Week, Mark Walsh has a post that begins, "A federal appeals court has rejected a constitutional challenge to a federal law that restricts, and in some cases bars, students with drug convictions from participation in federal college aid programs."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 05:04 PM by Howard Bashman



"Terror trials rushed, officer charges; Former Pentagon prosecutor testified that political pressure demanded speedier, less transparent trials": Carol Rosenberg has this article today in The Miami Herald.

The Washington Post today contains a front page article headlined "From Chief Prosecutor To Critic at Guantanamo."

And The New York Times reports today that "Ex-Prosecutor Tells of Push by Pentagon on Detainees."
Posted at 10:04 AM by Howard Bashman



"Abortion bill heads to vote; The Florida Senate will decide Tuesday whether ultrasound scans should be required for women seeking abortions": This article appears today in The Miami Herald.
Posted at 10:01 AM by Howard Bashman


"U.S. admits negligence in detainee's death": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The federal government has admitted that its negligence was responsible for the death of an illegal immigrant who pleaded during 11 months in custody for treatment for a condition that proved to be terminal penile cancer."
Posted at 10:00 AM by Howard Bashman


"High Court Upholds Indiana Law On Voter ID; 6-3 Ruling Calls Measure Reasonable to Fight Fraud": Robert Barnes has this front page article today in The Washington Post. The newspaper also contains an editorial entitled "Carded at the Polls: Indiana's voter ID law is ruled constitutional; it's still a bad solution to a nonproblem."

Today in The Los Angeles Times, David G. Savage reports that "Voter ID law upheld; The high court's ruling that a photo can be required is a victory for Republicans." The newspaper also contains an editorial entitled "Supreme Court OKs voter ID: By upholding the Indiana law, the court tarnishes its record of promoting democracy."

In USA Today, Joan Biskupic and Richard Wolf report that "Ruling may spur more voter ID laws; Justices uphold Indiana photo requirement."

James Oliphant of The Chicago Tribune reports that "Indiana voter ID ruling is victory for GOP; Critics fear open door to partisan election rules."

Warren Richey of The Christian Science Monitor reports that "U.S. high court upholds voter photo I.D.; Monday's ruling gives a green light to aggressive antifraud efforts often favored by the GOP."

The Boston Globe reports that "Supreme Court upholds voter ID law; Justices say states can make checks at polling places."

law.com's Tony Mauro reports that "Supreme Court Upholds Indiana Voter ID Law."

The Washington Times reports that "Court upholds requisite ID at voter polls."

The Indianapolis Star reports that "High court lets state voter ID law stand; 6-3 decision could pave way for similar rules across U.S."

The Louisville Courier-Journal reports that "Supreme Court backs Indiana's photo ID law for voters; Justices: Photo rule no big burden."

The Fort Wayne Journal Gazette reports that "Voter ID law upheld by justices; Decision avoids rush to rewrite statute before May 6 primary."

The Times of Munster, Indiana reports that "U.S. Supreme Court upholds Voter ID Law."

Yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Ruling on Voter ID Law May Spur Tighter State Regulation" (transcript with links to audio and video) featuring Marcia Coyle.

From National Public Radio, today's broadcast of "Morning Edition" contained an audio segment entitled "Supreme Court Upholds Indiana's Voter ID Law" featuring Nina Totenberg. Yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "High Court Supports Indiana Voter ID Law" also featuring Nina Totenberg. And yesterday's broadcast of "Day to Day" contained an audio segment entitled "Supreme Court Approves Voter ID Requirement" featuring Dahlia Lithwick. RealPlayer is required to launch these audio segments.

In commentary, The New York Times contains an editorial entitled "The Court Fumbles on Voting Rights."

Finally, The Wall Street Journal contains an editorial entitled "Photo Finish," while John Fund has an op-ed entitled "A Victory Against Voter Fraud."
Posted at 09:30 AM by Howard Bashman



"Lawmaker Threatens Subpoenas for Aides; Officials Spurn Hearing on Torture": This article appears today in The Washington Post.
Posted at 09:17 AM by Howard Bashman


"Getting Away With Torture: Legal maneuvering has shielded those responsible for conditions at Guantanamo Bay." Dahlia Lithwick has this essay in the May 5, 2008 issue of Newsweek.
Posted at 09:15 AM by Howard Bashman


"Could Constitutional Flaw Unravel Eight Years of Patent Board Rulings?" Marcia Coyle has this article in this week's issue of The National Law Journal. Via the blog "Patently-O," you can access at this link the petition for writ of certiorari that is the subject of this article.
Posted at 09:10 AM by Howard Bashman


"A New Look at Race When Death Is Sought": Today's issue of The New York Times contains this new installment of Adam Liptak's "Sidebar" column.
Posted at 09:02 AM by Howard Bashman


"Justice lashes out at GOP state senators": The Philadelphia Inquirer today contains a front page article that begins, "State Supreme Court Chief Justice Ronald D. Castille has toughened his criticism of Senate Republicans for not acting on four interim appointments to state appellate courts, and dismissed their arguments about diversity as 'misplaced.'"

And earlier this month, The Patriot-News of Harrisburg, Pennsylvania published an article headlined "Top justice backs Rendell on 4 appellate nominees."
Posted at 08:37 AM by Howard Bashman







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