How Appealing

Wednesday, May 7, 2008

"The sole question presented on appeal is whether a foreign citizen with no connection to the United States has a right to just compensation under the Fifth Amendment for a taking of property that occurs in a foreign country." A three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling today addressing that question.

The plaintiff alleged that she was the sole owner of a cafeteria located on property next to the U.S. Embassy in Tashkent, the capital of Uzbekistan. The plaintiff further alleged that local authorities destroyed the cafeteria at the request of the U.S. Embassy in order to increase the security of the embassy. Today's Federal Circuit ruling affirms the U.S. Court of Federal Claims' dismissal of the lawsuit.
Posted at 09:10 PM by Howard Bashman



"What McCain expects from federal judges: He pledges to nominate jurists who believe in 'clear limits to the scope of judicial power' and who are faithful to the Constitution." This article appears today in The Los Angeles Times.

Newsday reports today that "McCain says he'll appoint conservative judges."

The Winston-Salem Journal reports that "McCain tries to shore up credentials; He says he will follow Bush's lead with judicial picks."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "McCain Expresses Support for Conservative Judges" (RealPlayer required).

Meanwhile, in commentary, The Baltimore Sun today contains an editorial entitled "Challenging justice: A McCain court would tilt solidly right."

Today in The Chicago Tribune, Law Professor Geoffrey R. Stone has an op-ed entitled "McCain's justice: Conservative activism gone wild."

And today at National Review Online, Shannen W. Coffin has an essay entitled "Trust But Verify: McCain on judges."
Posted at 08:28 PM by Howard Bashman



"Comedy of errors as war court complex debuts": Carol Rosenberg of The Miami Herald has a news update that begins, "The Pentagon took its new $12 million war court complex out for a test run Wednesday with the arraignment of an alleged al Qaeda propagandist -- and the state-of-the-art facility failed."

And The Associated Press reports that "Glitches mar debut of Gitmo courthouse."
Posted at 08:10 PM by Howard Bashman



"Full house for U.S. chief justice at KU": This article appeared last Thursday in The Kansas City Star.

The Lawrence Journal-World reported last Thursday that "Chief justice comes in strong off bench; Lecture mixes history lesson, judicial principle, predictions for future and salute to Jayhawks."

Last Thursday's edition of The Topeka Capital-Journal contained an article headlined "Chief Justice: Internet brings complex questions."

The University Daily Kansan reported last Thursday that "Chief Justice discusses constitution; John G. Roberts Jr., covers Supreme Court decision making; The judge spoke at the Lied Center Wednesday night as part of an annual lecture series."

And the KU School of Business last Friday issued a news release headlined "Chief Justice John G. Roberts, Jr. delivers 2008 Vickers Lecture to sold-out crowd." Video of the Chief Justice's lecture may soon be available via that link.
Posted at 08:02 PM by Howard Bashman



"Tough questions for Michigan judges in Senate hearing": The Detroit News provides an update that begins, "A Senate Judiciary Committee hearing ended tensely Wednesday after two Republican senators questioned the qualifications, speeding tickets and tax-payment history of a Michigan judge nominated to the federal court of appeals that hears cases for Michigan and other Midwestern states."

And The Associated Press reports that "GOP senators question quick action on judicial nominee."
Posted at 06:08 PM by Howard Bashman



"Court: Gay marriage ban affects partner benefits; Mich. Supreme Court says public employees can't share health care with same-sex partners." The Detroit Free Press provides this news update.

And The Associated Press reports that "Mich. high court says gay partners can't get health benefits."

You can access today's ruling of the Supreme Court of Michigan at this link.
Posted at 05:50 PM by Howard Bashman



"Portland jury orders Payless to pay Adidas $304.6 million; Attorneys think the award is the largest ever in a trademark infringement case": This article appears today in The Oregonian.

And The Topeka Capital-Journal reports today that "Collective Brands hit with $305M trademark violation judgment." The newspaper has also posted online this PDF file consisting of the jury's 44-page verdict, which contains page after page of photographs of the sneakers at issue in the case.
Posted at 09:15 AM by Howard Bashman



"Westboro members miss bond deadline; Still, Westboro Baptist's property may not be confiscated right away": The Topeka Capital-Journal today contains an article that begins, "A missed deadline for two members of Westboro Baptist Church to post bond with a federal court in Maryland doesn't mean their property and the church property will be confiscated immediately."

And The Associated Press reports that "Phelpses fail to post bond."
Posted at 09:12 AM by Howard Bashman



"Coverage for reporters: A federal shield law allowing journalists to protect their sources benefits the public in the long run." This editorial appears today in The Los Angeles Times.
Posted at 09:08 AM by Howard Bashman


"A death sentence voided: The Adam Miranda case shows that the California death penalty costs too much in time, money and justice." Today's edition of The Los Angeles Times contains an editorial that begins, "If a respected entertainment lawyer had not decided 20 years ago to devote a substantial chunk of his life and work to helping a California death row inmate -- for free -- Adam Miranda would be dead by now."

My earlier coverage of Monday's ruling of the Supreme Court of California appears at this link.
Posted at 09:03 AM by Howard Bashman



"McCain says he will choose court justices in mold of Roberts, Alito": USA Today contains this article today.
Posted at 08:57 AM by Howard Bashman


"Prospective juror in pot trial caught smoking marijuana; Woman charged with drug possession on break from trial": This article appears today in The Houston Chronicle.
Posted at 08:45 AM by Howard Bashman


"As Executions Resume, So Do Questions of Fairness": The New York Times contains this article today, along with an editorial entitled "The Death Penalty Returns."

Today in The Washington Post, Robert Barnes reports that "Execution Is First Since Ruling; Lethal Injection In Georgia Ends 7-Month Pause."

And The Atlanta Journal-Constitution reports that "Killer put to death."
Posted at 08:40 AM by Howard Bashman



"Lawyers for Guantanamo Inmates Accuse U.S. of Eavesdropping": This article appears today in The New York Times.
Posted at 08:35 AM by Howard Bashman


"My Legal Cameo: Why We Convicted Thurman Stalker; Journal Reporter Goes Behind Scenes as Juror In Movie Star's Case." Wall Street Journal reporter Emily Steel today has this front page article in that newspaper.

And The New York Times reports today that "The Pursuer of Thurman Is Convicted."
Posted at 08:25 AM by Howard Bashman



"Court Decision Is Victory For Gay Marriage Backers": Today in The New York Sun, Joseph Goldstein has an article that begins, "Gay marriage advocates have won a partial victory in New York, as the state's highest court has left in place a lower court ruling that recognized a lesbian couple as being married."

And The Rochester (N.Y.) Democrat and Chronicle reports today that "County at crossroads over same-sex benefits lawsuit."
Posted at 08:15 AM by Howard Bashman



"Court upholds sanctions in Fieger suit against Mich. judge": The Associated Press provides this report. My earlier coverage of yesterday's Sixth Circuit ruling can be accessed here.

Meanwhile, in somewhat related news, The Detroit Free Press reports today that "Lawyer feared Fieger prosecution; Staff bonuses worried him, he testifies."

And The Detroit News reports today that "Fieger didn't tell him to hide memo, attorney testifies."
Posted at 08:04 AM by Howard Bashman







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