How Appealing

Monday, April 30, 2007

No surprise -- The Seventh Circuit knows its Easterbrook brothers: In this post from April 2003, I noted a law.com news blurb that referred to "Judge Gregg Easterbrook" of the "6th U.S. Circuit Court of Appeals."

In footnote one (on page 5) of this opinion issued today, avid sports fan and Seventh CIrcuit Judge Terence T. Evans demonstrates that he certainly knows his Easterbrook brothers. The footnote concludes that "[f]rom now on, a second-guesser should be called a 'Tuesday Morning Quarterback.'"
Posted at 11:58 PM by Howard Bashman



"High-Speed Case Crashes in High Court; Majority: 11th Circuit shouldn't have relied on plaintiff's version of events belied by videotape." law.com provides this report.
Posted at 11:52 PM by Howard Bashman


"Video Persuades Justices to Back Police Use of Force to End Chase": Robert Barnes will have this article Tuesday in The Washington Post.

Also, in tomorrow's newspaper Robert Barnes and Alan Sipress will have an article headlined "Rulings Weaken Patents' Power; High Court Decides On Two Key Cases."
Posted at 11:47 PM by Howard Bashman



"UVa law students' case picked by Supreme Court": The Daily Progress of Charlottesville, Virginia today contains an article that begins, "A group of University of Virginia law students is venturing into an arena few legal professionals experience as it prepares arguments for a Supreme Court case."
Posted at 11:44 PM by Howard Bashman


Linda Greenhouse is reporting: In Tuesday's edition of The New York Times, she will have articles headlined "Court Backs Police in Chase That Hurt Driver"; "High Court Puts Limits on Patents"; and "Supreme Court to Hear Appeal of Mexican Death Row Inmate."
Posted at 11:37 PM by Howard Bashman


Why was Ninth Circuit Judge Alex Kozinski at Santa Clara University School of Law in October 2006 to bash blogs? As revealed here, he was visiting that law school in his capacity as the Heafey Center Distinguished Jurist for 2006.

However, at "CU bLAWg," they prefer the pre-anti-blog Kozinski from his appearance on "The Dating Game" (scroll down). That was some kiss hello!
Posted at 10:14 PM by Howard Bashman



"High court: police can use violent means to end high-speed chases; The Supreme Court's 8-to-1 decision involved a Georgia teenager, who sued a police deputy who rammed the teen's speeding car, causing serious physical damage." Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 10:03 PM by Howard Bashman


"Supreme Court backs police in high-speed chases": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 09:22 PM by Howard Bashman


"Supreme Court to weigh fate of Houston teens' killer": The Houston Chronicle provides a news update that begins, "The U.S. Supreme Court agreed today to consider whether one of the six killers of Houston teen-agers Jennifer Ertman and Elizabeth Pena should escape execution because he was denied a chance to get legal assistance from the Mexican consulate. As requested by the Bush administration, the high court will hear arguments in the fall on the case of Jose Medellin, a Mexican citizen sent to Texas death row in the notorious 1993 rape-murder case."
Posted at 08:30 PM by Howard Bashman


"High Court Sides With Police on Car Chase Injuries": This audio segment (RealPlayer required) appeared this evening's broadcast of NPR's "All Things Considered."
Posted at 08:24 PM by Howard Bashman


"'Issue Ads' And Common Sense": Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 08:17 PM by Howard Bashman


"High court hands tech firms patent victory": Patti Waldmeir of Financial Times provides this report.
Posted at 05:33 PM by Howard Bashman


"Supreme Court Adopts New Standard on Patent Litigation": law.com's Tony Mauro provides this news update.
Posted at 05:04 PM by Howard Bashman


In memory of Senior Eighth Circuit Judge Donald P. Lay: The Eighth Circuit confirms that Judge Lay passed away peacefully at his home on Sunday, April 29, 2007. I am further told that, in lieu of flowers, donations in his memory may be made to the Muscular Dystrophy Association or the Boy Scouts of America.
Posted at 05:00 PM by Howard Bashman


Available online from Lyle Denniston of "SCOTUSblog": Lyle has posts titled "Commentary: Do detainees retain any rights?" and "Analysis: A flat new rule on high-speed chases."
Posted at 03:58 PM by Howard Bashman


"Supreme Court declines to enter fray on detainee trials; Monday's action helps to clear the way for the next military trials against terror suspects at Guantanamo Bay": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 03:53 PM by Howard Bashman


"'Marketplace' Report: Microsoft Patent Dispute." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:40 PM by Howard Bashman


"Romney Assails McCain-Feingold Law": The Associated Press provides this report.
Posted at 03:35 PM by Howard Bashman


Ninth Circuit rejects challenge to Gilroy (Calif.) Garlic Festival's prohibition against the wearing of gang colors or other demonstrative insignia, including motorcycle club insignia: The only thing more fearsome than a gang member decked out in demonstrative insignia is a gang member decked out in demonstrative insignia who reeks of garlic. You can access today's Ninth Circuit ruling at this link.
Posted at 03:11 PM by Howard Bashman


Christian evangelists who operate religious outreach with the use of amplified sound in the streets of San Francisco lose their constitutional challenge to San Francisco's enforcement of its noise abatement ordinance: A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this lengthy decision today.
Posted at 03:05 PM by Howard Bashman


Ninth Circuit rejects constitutional challenge to California's vexatious litigant statute: You can access today's ruling at this link. The challenger to the law's constitutionality appeared pro se on appeal.
Posted at 03:00 PM by Howard Bashman


Substantive due process "state-created danger" claim cannot succeed where, in reliance on a government physician's bad advice to ignore warning signs of a heart attack, the patient sustains serious injury: A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this ruling today.
Posted at 02:55 PM by Howard Bashman


"Justices OK deadly force in some police pursuits": David G. Savage of The Los Angeles Times provides this news update.

Robert Barnes of The Washington Post provides a news headlined "Supreme Court Sides With Police in Chase Case."

And Bill Mears of CNN.com provides a report headlined "Court: High-speed chase suspects can't sue police."
Posted at 02:40 PM by Howard Bashman



"Online Video Clips: Not Just for Porn Anymore." David Lat has this post at "Above the Law."

At "The Volokh Conspiracy," Orin Kerr has this related post.

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Let's Go to the Videotape."

At "The Indiana Law Blog," Marcia Oddi offers these thoughts.

And at the "New York Personal Injury Law Blog," you can access a post titled "US Supreme Court Goes Multimedia -- Video is Part of Decision."

My earlier coverage appears here. YouTube, meet SCOTUSTube.
Posted at 02:33 PM by Howard Bashman



Reuters is reporting: James Vicini has articles headlined "Court rules police can't be sued in high-speed chase" and "U.S. court to decide case of Mexican on death row."

Also available online are articles headlined "Court won't hear appeal by Guantanamo prisoners"; "US high court loosens patent 'obviousness' test"; "U.S. top court rules for Microsoft in patent case"; "Court won't review same-sex union custody case"; and "Top court won't hear power plant pollution rule."
Posted at 02:24 PM by Howard Bashman



Greg Stohr of Bloomberg News is reporting: He has articles headlined "Technology Companies Win as Supreme Court Limits Patent Rights" and "Death Sentences on Mexicans Draw Scrutiny by U.S. Supreme Court."
Posted at 02:20 PM by Howard Bashman


U.S. Supreme Court sends latest round of impending federal procedural rule changes to Congress: In addition to issuing an Order List and announcing rulings in five argued cases, today the Supreme Court of the United States also sent to the U.S. Congress the amendments to the Federal Rules of Appellate Procedure, Bankruptcy Procedure, Civil Procedure, and Criminal Procedure that will take effect on December 1, 2007 absent any intervening disapproval from Congress.

The lone change to the Federal Rules of Appellate Procedure due to take effect this December involves the subject of privacy protection.
Posted at 01:00 PM by Howard Bashman



"Senators Leery of Another Supreme Court Fight": Roll Call today contains an article (subscription required) that begins, "Just over a year after confirming President Bush's second nominee to the Supreme Court, many Senators say they are holding their breath that they won't have to entertain another high court vacancy this Congress, anticipating a battle royal that likely would bring the narrowly divided chamber to a partisan standstill."
Posted at 12:54 PM by Howard Bashman


"Court Refuses Child Visitation Dispute": The Associated Press provides a report that begins, "The Supreme Court on Monday declined to get involved in a dispute between two former lesbian lovers over visitation rights involving a 4-year-old child."
Posted at 12:47 PM by Howard Bashman


Ninth Circuit Judge Alex Kozinski versus blogs linkwrap: On Friday, I had a post titled "Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down."

More recently, the audio has appeared back online, available here (most relevant audio excerpt) and here (full audio segment; click "listen" at this link's destination to launch audio).

The full audio segment also includes Judge Kozinski's interesting explanation of his discovery that David Lat was probably the author of the blog "Underneath Their Robes" before Lat's official unmasking occurred in an article that Jeffrey Toobin published in The New Yorker.

A formatted PDF version of the Google cache transcript (which is less than 100% accurate) of that full audio segment can be accessed here. A formatted transcript of Judge Kozinski's complete talk, consisting of a total of four audio segments, is forthcoming.

Yesterday, I collected links to all my related earlier coverage in a single post that you can access here.

All that remains to be determined is why the audio and transcript of Judge Kozinski's October 2006 talk to Law Professor Eric Goldman's cyberlaw class was removed from the web site of the High Tech Law Institute at Santa Clara Law School once bloggers other than Professor Goldman (see his initial post here) began to link to it and discuss it. I have emailed Professor Goldman on Friday to ask why the material was taken off-line, but I thus far have received no answer.
Posted at 12:40 PM by Howard Bashman



In products liability case, federal district court properly subjected opinions of generalist "expert for hire" to greater scrutiny: According to a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today, "This Court has recognized for some time that expert testimony prepared solely for purposes of litigation, as opposed to testimony flowing naturally from an expert's line of scientific research or technical work, should be viewed with some caution." The ruling affirms the district court's exclusion of the expert's proposed testimony and the entry of summary judgment in the defendant's favor that necessarily followed therefrom.
Posted at 11:44 AM by Howard Bashman


"FCC Holds Hearing on Media Ownership Rules": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:33 AM by Howard Bashman


Here's a first -- A U.S. Supreme Court decision issued today has its own accompanying video: Talk about multimedia rulings! The Court's opinion today in Scott v. Harris, No. 05-1631 -- a dispute about the lawfulness of a high-speed police chase captured on video -- appears online at the Supreme Court's web site with this 91.7 MB RealPlayer video file. No word yet from the Court on whether the volume of U.S. Reports in which this decision will appear will include its own embedded video player.
Posted at 11:19 AM by Howard Bashman


Majority opinion by Chief Justice John G. Roberts, Jr.; dissenting opinion by Justice Samuel A. Alito, Jr.: See today's ruling in United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345. Proving once again that there's nothing like a dormant Commerce Clause solid waste disposal dispute to fracture traditional alliances on the Court.
Posted at 11:14 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Supreme Court Won't Hear Guantanamo Case"; "Court Takes Death Penalty Case"; "Supreme Court Backs Police in Chase Case"; "Court Favors Microsft in Patent Fight"; "Court Decides Trash Fight"; and "Court Adheres to 2003 Clean Air Rules."
Posted at 10:17 AM by Howard Bashman


"Court rules on two patent cases, and on high-speed chase": Lyle Denniston has this post at "SCOTUSblog." The Court decided a total of five argued cases today.

In Microsoft Corp. v. AT&T Corp., No. 05-1056, you can access the opinion of the Court here and the oral argument transcript here.

In KSR International Co. v. Teleflex, Inc., No. 04-1350, you can access the opinion of the Court here and the oral argument transcript here.

In Scott v. Harris, No. 05-1631 -- an excessive force, high-speed police chase case from Georgia -- you can access the opinion of the Court here and the oral argument transcript here.

In EC Term of Years Trust v. United States, No. 05-1541, you can access the opinion of the Court here and the oral argument transcript here.

And in United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345, you can access the opinion of the Court here and the oral argument transcript here.
Posted at 10:11 AM by Howard Bashman



"Court turns down Hamdan appeal, will hear Medellin": Lyle Denniston has this post at "SCOTUSblog." My detailed coverage of the November 2006 ruling of the Texas Court of Criminal Appeals in Ex Parte Jose Ernesto Medellin can be accessed at this link.

You can access today's U.S. Supreme Court Order List at this link.
Posted at 10:04 AM by Howard Bashman



"Free Speech and Defamation: When Prior Restraint Is the Right Decision." Today's installment of my "On Appeal" essay for law.com can be accessed at this link.
Posted at 10:02 AM by Howard Bashman


"Equality vs. quality in schools": Today in The Seattle Times, columnist Jerry Large has an op-ed that begins, "The U.S. Supreme Court is expected to rule this week on a case involving Seattle schools, and I think the odds favor a ruling that race can't be taken into account to address the impact of race."

Although it is possible that the U.S. Supreme Court could issue its ruling today, if the decision does not issue today then the next possible date for a ruling would be Monday, May 14, 2007. The Court's calendar for this Term can be viewed at this link.
Posted at 08:50 AM by Howard Bashman



"Divorced parents clash over 12-year-old son's circumcision; Three-year fight - The father, a convert to Judaism, sees it as a matter of religious observance." This article appeared Friday in The Oregonian.
Posted at 08:45 AM by Howard Bashman


"Bombing suspect's hometown shocked; Former neighbors describe Paul Ross Evans as pleasant and polite": The Austin American-Statesman today contains an article that begins, "It was the talk of the barber shop where Lee Tillman got his hair trimmed for a church banquet Saturday: A man who had lived for years in this small East Texas city had been arrested by the FBI, accused of putting a bomb outside an Austin clinic that performs abortions."
Posted at 08:44 AM by Howard Bashman


"Students Protest Attorney General": The Harvard Crimson today contains an article that begins, "As Attorney General Alberto Gonzales and his classmates posed for a photo at their Harvard Law School reunion Saturday, an odd figure stood behind the photographer. A group of law students, one of whom wore an orange jumpsuit and a black hood, stood at the bottom of the steps of Langdell Hall and shouted to the other alumni to say 'torture' or 'resign' instead of 'cheese.'"

And in somewhat related coverage, The Washington Post today contains an article headlined "The Investigated Investigator: Leader of High-Profile Probes Is Under Scrutiny Himself."
Posted at 08:32 AM by Howard Bashman



"Two federal judges hold key to California prison reform; Two veteran jurists may find themselves reluctantly stepping in where there is a political vacuum to address inmate overcrowding": This article appears today in The Los Angeles Times.
Posted at 08:27 AM by Howard Bashman


"Judge in terror case: Indictment 'very light on facts'; Critics say vague charges have replaced the 'dirty bomb' accusation against Jose Padilla." The St. Petersburg Times contains this article today.
Posted at 08:25 AM by Howard Bashman


"2,000 stories of regret swayed Court; Testimonials from Florida women figure in a Supreme Court ruling regarding abortion": This article appears today in The St. Petersburg Times.
Posted at 08:20 AM by Howard Bashman


"Guantanamo Lawyers Predict More Suicides": The Associated Press provides a report that begins, "Lawyers envision more suicides and despair at Guantanamo Bay if the U.S. Justice Department succeeds in severely restricting access to detainees by defense attorneys, virtually the only contact inmates have with the outside world."
Posted at 08:15 AM by Howard Bashman


"Did Justices' Catholicism Play Part in Abortion Ruling?" Robert Barnes has this article today in The Washington Post.

And today in The Chicago Tribune, Law Professor Geoffrey R. Stone has an op-ed entitled "Our faith-based justices."
Posted at 08:02 AM by Howard Bashman



"Petition for rehearing in US v. Lett": This post, providing online access to the petition, appears at the "Sentencing Law and Policy" blog.

My earlier coverage of the recent Eleventh Circuit ruling in this case can be accessed here.
Posted at 07:54 AM by Howard Bashman



"Georgia's Shame": The New York Times today contains an editorial that begins, "Every day that young Genarlow Wilson remains in prison for consensual sexual activity is a further indictment against the prosecutors, lawmakers and judges of the Georgia legal system."
Posted at 07:48 AM by Howard Bashman


"As Blogs Proliferate, a Gadfly With Accreditation at the U.N." This article appears today in The New York Times.
Posted at 07:45 AM by Howard Bashman


"When Talk Isn't Cheap: Campaign finance regulators say speech isn't free--it's a form of 'contribution.'" John Fund has this essay online today at OpinionJournal.
Posted at 07:44 AM by Howard Bashman


"Winner Takes Some: The Supreme Court's shift on abortion is not what you think." Benjamin Wittes has this essay online today at The New Republic.
Posted at 06:44 AM by Howard Bashman






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