How Appealing

Tuesday, May 2, 2006

"Key Bush judge under ethics cloud; Following a Salon report, top Democrats say Bush nominee Terrence Boyle's record is 'outrageous' and has 'no place on the federal bench'": At, Will Evans has this follow-up report, bearing tomorrow's date.
Posted at 10:50 PM by Howard Bashman

Today's award for affirmatively seeking to be subject to the jurisdiction of the U.S. Court of Appeals for the Ninth Circuit goes to Frances Marie Tydingco Gatewood: Details here and here.

Relatedly, the Ninth Circuit recently issued a news release entitled "Guam Supreme Court Justice Nominated for Federal Judgeship."
Posted at 10:45 PM by Howard Bashman

"In the Roberts Court, More Room for Argument": Linda Greenhouse will have this Supreme Court memo in Wednesday's edition of The New York Times.
Posted at 10:33 PM by Howard Bashman

"Acrimony Over Bush Judicial Nominations Resurfaces; Senate Democrats Threaten To Filibuster Conservative Duo": This article will appear Wednesday in The Washington Post.
Posted at 10:30 PM by Howard Bashman

The May 2006 issue of the University of Pennsylvania Law Review contains a memorial to Third Circuit Judge Max Rosenn: The memorial, consisting of essays from four of Judge Rosenn's former colleagues and one of Judge Rosenn's former law clerks, can be accessed here.
Posted at 10:25 PM by Howard Bashman

"N.J. High Court: Companies Have Duty to Warn Workers' Spouses of Asbestos Dust." provides this report. My earlier coverage is here.
Posted at 10:22 PM by Howard Bashman

One-third of the Savage triumvirate speaks: Today's broadcast of the public radio program "Here & Now" contained a segment entitled "Bush and the Law" (RealPlayer required) featuring Charlie Savage of The Boston Globe. Of course, the other two members of the Savage triumvirate are Charlie's wife, Luiza Ch. Savage, formerly of The New York Sun and currently of Maclean's, and David G. Savage of The Los Angeles Times.
Posted at 09:10 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Reid Mulls Filibuster of Judicial Nominees"; "Malvo May Testify for Sniper Prosecution"; and "Secrecy Fight Delays Detainee Rules."
Posted at 08:12 PM by Howard Bashman

"In an important case on the rights of federal employees, the Supreme Court on Tuesday broadened its review to test the federal courts' power to impose added obligations to run through administrative machinery before taking a legal complaint to court." So begins Lyle Denniston's post this afternoon at "SCOTUSblog," reporting on an order that the U.S. Supreme Court issued today requesting supplemental briefing in a case argued earlier this Term.
Posted at 06:10 PM by Howard Bashman

"Bush in 'ceaseless push for power'": Today's edition of Financial Times contains an article that begins, "President George W. Bush had shown disdain and indifference for the US constitution by adopting an 'astonishingly broad' view of presidential powers, a leading libertarian think-tank said yesterday." An earlier, related post appears here.
Posted at 05:40 PM by Howard Bashman

"Moussaoui Jury Ends 6 Day With No Verdict": The Associated Press provides this report.
Posted at 05:20 PM by Howard Bashman

"Appeals Court Nominee May Face New Hearing": The Associated Press provides a report that begins, "White House aide Brett Kavanaugh told a Senate Judiciary Committee Democrat on Tuesday he did not play an active role in President Bush's secret domestic wiretapping program or in any dealings with convicted lobbyist Jack Abramoff."
Posted at 04:25 PM by Howard Bashman

"Slate's Jurisprudence: Mistrial Options in Lodi Case." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:50 PM by Howard Bashman

"Man executed on disproven evidence, experts say": The Chicago Tribune provides a news update that begins, "Four of the nation's top arson experts have concluded that the state of Texas executed a man in 2004 based on scientifically invalid evidence, and they called for an official re-investigation of the case."

And The Associated Press reports that "Innocence project asks Texas to review arson convictions."

Back in December 2004, The Chicago Tribune published a lengthy article headlined "Texas man executed on disproved forensics; Fire that killed his 3 children could have been accidental."

The Innocence Project today issued a press release entitled "Innocence Project Submits Two Arson Cases to Texas Commission and Requests System-Wide Review; Filing Marks First Time an Empowered State Entity Has Been Given Scientific Evidence that an Innocent Person Was Executed." The report issued today can be accessed at this link.
Posted at 02:34 PM by Howard Bashman

"Court Dismisses US Airways Pilots' Suit": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And in other news from the D.C. Circuit, The AP reports that "Experimental Drug Case Gets Reprieve." My earlier coverage appears here.
Posted at 02:04 PM by Howard Bashman

This afternoon's Senate Judiciary Committee confirmation hearing will feature Ninth Circuit nominee Sandra Segal Ikuta: Details here. In addition, the hearing's start time has been moved up to 3 p.m. Articles providing background on the nominee can be accessed here and here.
Posted at 01:55 PM by Howard Bashman

"Calling All Plaintiffs": The Wall Street Journal today contains an editorial (free access) that begins, "Hey, did you hear? The Twombly case may go all the way to the Supreme Court."
Posted at 12:40 PM by Howard Bashman

"Clark succumbs to lethal injection after more than one hour delay": The Toledo Blade provides this news update.

And The Columbus Dispatch provides a news update headlined "Clark executed after delay."

Additional information can be accessed via the "Ohio Death Penalty Information" blog.
Posted at 12:05 PM by Howard Bashman

"Statement Of Sen. Patrick Leahy, Ranking Member, Judiciary Committee On Judicial Nominations": U.S. Senator Patrick J. Leahy (D-VT) issued this statement yesterday.
Posted at 11:40 AM by Howard Bashman

"The Judicial Filibuster, the Median Senator, and the Countermajoritarian Difficulty": Law Professors Michael B. Rappaport and John O. McGinnis have this essay (abstract offering link for download) online at SSRN (via "Legal Theory Blog").
Posted at 11:20 AM by Howard Bashman

"State of the Commonwealth's Courts": The Supreme Court of Pennsylvania issued this report yesterday, along with this press release announcing the report's issuance.
Posted at 11:10 AM by Howard Bashman

He said "no" to the Federal Circuit but may say "yes" to the Third: Today in The Legal Intelligencer, Shannon P. Duffy and Elizabeth Bennett have an article headlined "3rd Circuit Judge Roth To Take Senior Status At End of the Month" (subscription required) that reports, "Sources in the Delaware legal community said the leading contender to replace Roth is U.S. District Judge Kent A. Jordan, the most recent appointee to the U.S. District Court for the District of Delaware. Jordan recently turned down an appointment to the U.S. Court of Appeals for the Federal Circuit, and sources said a 3rd Circuit spot could be more to his liking."
Posted at 11:05 AM by Howard Bashman

"Sebelius swept into judicial controversy": The Lawrence Journal-World today contains an article that begins, "Gov. Kathleen Sebelius on Monday was drawn into the expanding controversy about communications between Kansas Supreme Court Justice Lawton Nuss and Senate President Steve Morris, R-Hugoton, on the school finance lawsuit."

The Kansas City Star reports today that "Sebelius revelation deepens court issue."

The Topeka Capital-Journal contains articles headlined "Sebelius knew of talks; Governor: Senator's comment was 'offhand and not specific'" and "Committee chairman picked; group to begin after session."

And The Wichita Eagle reports that "House starts court-talk inquiry; The head of the investigation is named as Gov. Sebelius says she was told in passing of the talks."
Posted at 11:00 AM by Howard Bashman

"Justices hear twist in eminent-domain dueling; In this case, Mount Laurel wants to save the land as open space; The township was an affordable-housing battleground": This article appears today in The Philadelphia Inquirer.
Posted at 10:44 AM by Howard Bashman

"Fire captains' discrimination suit reinstated": The Omaha World-Herald today contains an article that begins, "Two Omaha fire captains on Monday won a federal appeal of a lawsuit that claims they were discriminated against under the City of Omaha's affirmative action plan."

And The Associated Press reports that "Court revives suit against Omaha's affirmative action plan."

My earlier coverage is here.
Posted at 10:35 AM by Howard Bashman

Divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit recognizes substantive due process right for a mentally competent, terminally ill adult patient to access potentially life-saving post-Phase I investigational new drugs, upon a doctor's advice, even where that medication carries risks for the patient: Take that, Food and Drug Administration! You can access today's ruling at this link.
Posted at 10:05 AM by Howard Bashman

"Vogel Plea Documents in Milberg Weiss Clients Case": Via this post at "White Collar Crime Prof Blog," you can access the plea agreement and supporting documents filed recently in the U.S. District Court for the Central District of California.

In related coverage,'s Justin Scheck has an article headlined "Plea Deal Points to Milberg Partners."
Posted at 10:00 AM by Howard Bashman

"Justice Breyer Finds Anna Nicole Hot: If Supreme Court opinions were written for the cable news shows." Dahlia Lithwick has this low concept essay online at Slate.
Posted at 08:55 AM by Howard Bashman

"Report doesn't dim backing for Boyle; Judge accused of conflict of interest": The News & Observer of Raleigh, North Carolina today contains an article that begins, "North Carolina's two U.S. senators, both Republicans, expressed support Monday for the nomination of U.S. District Court Judge Terrence Boyle to a federal appeals court judgeship despite a recent report that Boyle ruled on cases involving companies in which he held investments." My earlier coverage is here.
Posted at 08:50 AM by Howard Bashman

"Former Playmate Wins Procedural Round in Fight Over Estate": Linda Greenhouse has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "Justices Side With Ex-Model, Keeping Alive Her Estate Claim; But the ruling concerns federal judges' power, not the merits of Anna Nicole Smith's petition for $474 million from her late husband."

In USA Today, Joan Biskupic reports that "Anna Nicole Smith wins latest round in dispute over estate."

In The Houston Chronicle, Patty Reinert reports that "High court rules in favor of former Playmate Smith; She can now tell a California panel why she should get millions from dead husband's estate."

And The Fort Worth Star-Telegram reports that "Supreme Court sides with celebrity."
Posted at 07:30 AM by Howard Bashman

"Public employee loses religious freedom case; Tehama County's limits on evangelical Christian upheld": Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage is here.
Posted at 07:23 AM by Howard Bashman

"Prosecutor Zeroes In on Ex-Enron Chief's Finances": This article appears today in The New York Times.

The Wall Street Journal reports today that "Lay Defends Family's Role In Selling Shares; Enron Ex-Chairman Says He Tried to Minimize Sales To Meet Margin Calls" (free access).

In The Houston Chronicle, Mary Flood reports that "Lay defends lavish habits and big cash withdrawals; Sparks again fly between the ex-Enron chief and prosecutor."

The Washington Post reports that "Attitude, Finances May Have Hurt Lay."

The Los Angeles Times reports that "Lay's Claim of Forced Stock Sales Is Attacked; The Enron ex-chairman didn't need the proceeds to pay down bank loans, prosecutors contend."

And USA Today reports that "Lay contends banks 'forced' majority of his stock sales."
Posted at 07:20 AM by Howard Bashman

"In Death Row Case, Justices Order Retrial Over Evidence": Linda Greenhouse has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage has an article headlined "High Court Win for Defendants; The justices overturn a murder conviction, saying South Carolina should not bar defense lawyers from fingering another suspect."

The Charlotte Observer reports that "Supreme Court rules in favor of S.C. inmate; State's high court didn't give proper weight to York County man's defense, justices say."

And The Rock Hill (S.C.) Herald reports that "New Trial for Holmes likely."
Posted at 07:14 AM by Howard Bashman

"Another Patent Case Is Filed Against Maker of BlackBerry": This article appears today in The New York Times.

The Wall Street Journal reports today that "New Patent Fight Looms for RIM Over BlackBerry" (free access).

The Toronto Globe and Mail reports that "RIM faces new U.S. fight over patents."

And The Los Angeles Times reports that "BlackBerry Maker May Start Feeling Picked On."
Posted at 07:05 AM by Howard Bashman

"Voided Death Sentence to Be Reconsidered": Today in The Los Angeles Times, David G. Savage has an article that begins, "The Supreme Court agreed Monday to hear another appeal by California prosecutors who are challenging a decision by the U.S. 9th Circuit Court of Appeals that voided a death sentence in a 25-year-old murder case."

And in The San Francisco Chronicle, Bob Egelko reports that "Top court to take up death sentence case; Justices to review validity of standard jury instructions."
Posted at 07:00 AM by Howard Bashman

"Views of jury pool trouble sniper; As his trial begins, Muhammad finds many say he killed six people in Md.": This article appears today in The Baltimore Sun.

And The Washington Post reports today that "Suspect's Notoriety Shrinks Jury Pool; Prospects Screened In Md. Sniper Trial."
Posted at 06:55 AM by Howard Bashman

"Appeals Judges Hear Subway Search Debate": The New York Times today contains an article that begins, "A federal appeals court panel challenged a civil liberties lawyer yesterday to explain how searching people's bags at random in city subways was different from searching passengers at airports, which has become standard practice to combat terrorism."
Posted at 06:48 AM by Howard Bashman

"The California Supreme Court Lets TV Comedy Writers Off the Hook for Sexual Harassment This Time, but Their Protection is Not Absolute": Joanna Grossman has this essay online today at FindLaw.
Posted at 06:40 AM by Howard Bashman

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