How Appealing

Tuesday, May 16, 2006

Available online from Tony Mauro has an item headlined "Luttig: Padilla Case Played No Role in Resignation."

In other news, "Slaying of N.Y. Appellate Clerk Raises Myriad Legal Questions."

An article reports that "In Closing Arguments, Enron Defense Zeroes In on Juror Hesitation."

Marcia Coyle reports that "Battle Expands Over Attorney-Client Privilege."

And in other news, "Bershad, Schulman Take Leaves of Absence From Milberg Weiss."
Posted at 10:20 PM by Howard Bashman

"Pressure groups take aim at Frist over judges": This article will appear Wednesday in The Hill.
Posted at 10:08 PM by Howard Bashman

"Judge Strikes Down Ga. Ban on Gay Marriage": The AP provides this report.
Posted at 07:24 PM by Howard Bashman

"Defense: Gov't Manufactured Enron Case." The Associated Press provides this report.
Posted at 05:30 PM by Howard Bashman

"Witness: Malvo linked defendant to shootings; Va. death row inmate questions investigator on white box truck reports." The Baltimore Sun provides this news update. In addition, today's newspaper contains an article headlined "Final sniper slaying detailed; Sixth day of trial leads to expected testimony of arrest."

And The Washington Post today reports that "Witnesses Recall Contacts They Had With Muhammad."
Posted at 05:20 PM by Howard Bashman

"High Court Won't Hear Commuter Tax Bid": This article appears today in The Washington Post.
Posted at 05:14 PM by Howard Bashman

"Hatch: Court Briefed on Bush Surveillance." The Associated Press provides this report.
Posted at 04:30 PM by Howard Bashman

"New lethal injection challenge": At "SCOTUSblog," Lyle Denniston has a post that begins, "A Tennessee death row inmate, Sedley Alley, on Tuesday asked the Supreme Court to block his scheduled execution for 1 a.m. Wednesday, as he raised a challenge to the chemical protocol used in Tennessee for executions."

And The Tennessean provides a news update headlined "Convicted killer Alley declines last meal."
Posted at 04:08 PM by Howard Bashman

The U.S. Court of Appeals for the Tenth Circuit unveils its redesigned web site: You can view the newly redesigned site by clicking here.
Posted at 03:38 PM by Howard Bashman

"Slate's Jurisprudence: Conservative Court Nominees." This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:00 PM by Howard Bashman

"The Happy Warrior -- In Memoriam: Judge Howard T. Markey (1920-2006)." Chief Judge Paul R. Michel of the U.S. Court of Appeals for the Federal Circuit has this essay in this week's edition of Legal Times.
Posted at 02:55 PM by Howard Bashman

"Utah Supreme Court upholds the state's historic ban on polygamy": The Salt Lake Tribune provides this news update reporting on a decision that the Supreme Court of Utah issued today.

And The Associated Press reports that "Utah Supreme Court Backs Polygamy Ban."
Posted at 02:45 PM by Howard Bashman

"Seattle's big role in fight on global warming": The Seattle Times today contains an article that begins, "The city of Seattle, a group of Alaska Natives and some of the nation's top climate scientists -- including two from the University of Washington -- thrust themselves into a high-profile legal battle Monday, hoping to resolve a stalemate over global warming. The group is fronting an orchestrated, national campaign to convince the Supreme Court that the federal government's failure to regulate automobile emissions is already causing harm, from shrinking mountain snowpack to ecological changes in Arctic Alaska."

The cert. stage briefing in the case can be accessed via this link.
Posted at 02:42 PM by Howard Bashman

"Justices to Hear Environmental Appeal on EPA Emissions Rule": Charles Lane has this article today in The Washington Post. And the newspaper today also contains a related editorial entitled "The Court and Clean Air: When is an increase in pollution not an increase in pollution? Ask the EPA."
Posted at 02:40 PM by Howard Bashman

"Barnes campaign hits goal for Phila. move; $150 million to build on Parkway, aid endowment": The Philadelphia Inquirer today contains an article that begins, "The campaign to raise $150 million to move the legendary - and financially shaky - Barnes Foundation from its Merion home to the Benjamin Franklin Parkway has reached its goal, officials of three large foundations backing the move announced yesterday."
Posted at 02:30 PM by Howard Bashman

From today's edition of The Wall Street Journal: Jess Bravin, Mylene Mangalindan, and Don Clark have an article headlined "EBay Ruling Changes Dynamic In Patent-Infringement Cases" (pass-through link). Earlier today, I collected additional press coverage at this link.

And Jess Bravin, John J. Fialka, and Michael Schroeder have an article headlined "Supreme Court Rebuffs Ohio Tax-Break Challenge" (pass-through link). Earlier today, I collected additional press coverage at this link.
Posted at 12:55 PM by Howard Bashman

Attention Aras: The Providence Journal's news blog provides a post titled "Harsh sentence for Hatch" that begins, "Survivor star Richard Hatch was sentenced today to serve 51 months in prison for tax evasion and perjury, plus three years of supervised release after his sentence."

And today's issue of The Boston Globe contains an article headlined "For Hatch, fame has been the real test of survival."

Thanks to "Rhode Island Law Blog" for the pointer.
Posted at 12:35 PM by Howard Bashman

"Tennessee lethal injection litigation splits Sixth Circuit": The blog "Sentencing Law and Policy" provides this post about an order denying both rehearing en banc and panel rehearing that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 12:05 PM by Howard Bashman

Just how cheap is the State of Wisconsin? Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit upholds Wisconsin's invocation of Eleventh Amendment immunity to avoid being sued in federal court by Charles County, Missouri, which was seeking to recover the sum of $5,421.86 in expenses that the county allegedly incurred in jailing a fugitive on the run from Wisconsin authorities pending the fugitive's extradition back to Wisconsin. You can access today's ruling at this link.
Posted at 11:33 AM by Howard Bashman

"U.S. opens assault on wiretap suit; AT&T is accused of aiding surveillance": Bob Egelko has this front page article today in The San Francisco Chronicle. My earlier coverage appears here.
Posted at 11:25 AM by Howard Bashman

"Justices Order Rethinking of eBay Case": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane and Yuki Noguchi report that "High Court Rejects Patent Rulings Against EBay."

In The Los Angeles Times, David G. Savage and Jim Puzzanghera report that "Justices Back EBay in Patent Ruling; Supreme Court decision limits the ability of judges to halt the sale of products in dispute."

In USA Today, Joan Biskupic reports that "Supreme Court lets eBay keep using 'Buy It Now'; But patent case fight over feature continues."

The San Jose Mercury News reports that "EBay wins patent ruling; Supreme Court rejects automatic injunctions when violations are found."

And The San Francisco Chronicle reports that "Court eases patent 'doomsday'; Ramifications of ruling on eBay infringement will depend on further decisions."
Posted at 11:15 AM by Howard Bashman

"Prosecutor: Lay, Skilling 'cheated'; Shareholders were 'profoundly harmed' by their acts, she says in closing argument." Mary Flood has this article today in The Houston Chronicle. The newspaper also contains an article headlined "Jury's reading assignment: 55 pages from judge; Inclusion of the 'willful blindness' clause in Lake's instructions may play critical role."

The New York Times reports today that "U.S. Levels a Final Blast at Enron Chiefs."

The Washington Post reports that "Enron Trial Jurors Hear Closing Arguments; Prosecution Sums Up Fraud Case as Accounting Tricks, Hocus Pocus and Lies."

The Los Angeles Times contains an article headlined "Prosecution: Enron Execs Self-Serving; As closing arguments begin, an attorney tells the jury that Kenneth Lay and Jeffrey Skilling acted as if they alone owned the company."

USA Today contains an article headlined "Prosecutor: 'Do not let them get away with it'; Enron jury to hear from defense today."

Yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Enron Case Goes to Jury This Week."

And today's broadcast of "Morning Edition" contained an audio segment entitled "Prosecution Lambastes Enron Defendants in Closing Arguments." Real Player is required to play these audio segments.
Posted at 11:00 AM by Howard Bashman

"Associate's IP Blog Is Patently Good Publicity": IP Law & Business offers this recent profile of Dennis Crouch of "Patently-O: Patent Law Blog."
Posted at 10:05 AM by Howard Bashman

"Roberts, at Ease in New Role, Puts Stamp on U.S. Supreme Court": Yesterday, Greg Stohr of Bloomberg News provided this report.
Posted at 09:54 AM by Howard Bashman

"'Nuke' could backfire, say some on right": The Hill today contains an article that begins, "Some conservatives are worried that a filibuster-crushing Senate rules change could backfire on their movement, ultimately robbing them of a powerful weapon they have used effectively to battle liberals and centrists in the past." I made a similar argument here back in April 2005.'s T.R. Goldman reports that "Kavanaugh goes forward as judge wars heat up."

And The Washington Post today contains a news brief titled "For GOP, a Double Setback on Judges" (third item).
Posted at 09:50 AM by Howard Bashman

The first order of business on the U.S. Senate's agenda after convening at 9:45 a.m. today -- confirming Milan D. Smith, Jr. to serve on the U.S. Court of Appeals for the Ninth Circuit: More background on the person soon to be the Ninth Circuit's newest judge is available via his law firm biography.

Update: This morning's vote in favor of confirmation was 93-0.
Posted at 08:44 AM by Howard Bashman

"Big Corporate Tax Breaks Upheld; Taxpayers had no right to fight state incentives in U.S. court, justices say; But the case isn't dead": David G. Savage has this article today in The Los Angeles Times.

The Boston Globe reports today that "Suit vs. corporate tax breaks unresolved; Ruling sends case back to lower courts, foiling NU professor."

The Toledo Blade reports that "Justices reject suit against Jeep; Taxpayers challenged investment credit for new factory."

The Cleveland Plain Dealer reports that "Court sides with Ohio on tax breaks; Taxpayers lack standing to sue state, justices say."

The Columbus Dispatch reports that "Tax breaks can be used to attract companies."

The Detroit News reports that "Supreme Court backs DCX tax breaks; Ruling in Ohio case is big victory for businesses that seek incentives from local, state governments."

And USA Today reports that "DaimlerChrysler wins tax dispute lawsuit."
Posted at 08:30 AM by Howard Bashman

"Getting Bent Over Gender: A San Diego attorney has filed suits targeting ballpark promotions aimed at specific groups; Some say he's misusing a state civil rights act." This article appears today in The Los Angeles Times.
Posted at 08:22 AM by Howard Bashman

"Bush stomps on Fourth Amendment": Law Professor Laurence H. Tribe has this op-ed today in The Boston Globe.
Posted at 08:20 AM by Howard Bashman

"Skakel Taps Bush Lawyer For Appeal": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "If attorney Theodore B. Olson can help George W. Bush and Dick Cheney win a presidential election through his persuasive arguments to the nation's highest court, what can he do for convicted killer Michael Skakel?"
Posted at 08:15 AM by Howard Bashman

About that dam case: The Portland (Me.) Press Herald reports today that "High court backs state in dam case."

And today in The New York Times, Linda Greenhouse reports that "Justices Uphold State Rules in Decision on Dam Licenses."
Posted at 08:04 AM by Howard Bashman

"Anna Nicole Smith Wins at the Supreme Court: She's Closer to Collecting From Her Late Husband's Estate, But Many Hurdles Still Remain." Joanna Grossman today has this essay online at FindLaw.
Posted at 07:55 AM by Howard Bashman

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