How Appealing



Friday, May 19, 2006

“Judge Edward R. Becker, 3rd Circuit Giant, Dead at 73”: Shannon P. Duffy and Asher Hawkins of The Legal Intelligencer provide this news update (free access).

Posted at 5:45 PM by Howard Bashman



Second Circuit reverses entry of summary judgment dismissing federal civil rights lawsuit which asserted that a high school student’s Fourth Amendment rights were violated when she was strip searched by school officials on suspicion that she possessed marijuana: You can access today’s ruling at this link.

Posted at 4:55 PM by Howard Bashman



Senior Third Circuit Judge Edward R. Becker has died: He was a giant of the law and a wonderful man. He will be missed greatly by me and countless others.

In May 2003, after Judge Becker took senior status, I wrote toward the end of a column that you can access here: “Just over one week ago, Edward R. Becker’s tenure as Chief Judge of the U.S. Court of Appeals for the Third Circuit came to an end. It is questionable whether enough superlatives exist to capture the extraordinary service that he provided to advance the goal of justice during his tenure as Chief Judge.” My condolences go out to his family, his current and former law clerks, and all of his many friends.

Update: Orin Kerr offers his thoughts here, linking to a tribute that The Philadelphia Daily News published in May 2003.

Posted at 3:54 PM by Howard Bashman



First Circuit holds that Federal Aviation Administration Authorization Act of 1994 preempts portions of a Maine law intended to restrict and regulate the sale and delivery of tobacco products purchased via the internet or other electronic means: You can access today’s ruling at this link.

Posted at 3:10 PM by Howard Bashman



“State high court now says drug dogs OK”: The Chicago Sun-Times today contains an article that begins, “Three years ago, the Illinois Supreme Court ruled 4-3 that using drug-sniffing dogs to sniff the outside of a car without reasonable suspicion that drugs might be inside violated people’s rights. On Thursday, the court reversed itself and ruled 4-3 that it’s all right to use drug-sniffing dogs in such instances.”

The State Journal-Register of Springfield, Illinois reports today that “Court OKs drug dogs at traffic stops; State justices vote 4-3 in favor of constitutionality.”

And The Galesburg (Ill.) Register-Mail reports that “Court allows use of drug dogs in traffic stops; Previous ruling said privacy rights violated by unreasonable search.”

You can access yesterday’s ruling of the Supreme Court of Illinois at this link.

Posted at 2:08 PM by Howard Bashman



“Why Did Luttig Quit? How Bush alienated one of his most compliant judges.” Harvey A. Silverglate has this essay online at Reason.

Posted at 1:50 PM by Howard Bashman



Divided three-judge Sixth Circuit panel rejects attorney’s commercial speech challenge to Village of Glendale, Ohio’s ordinance prohibiting the display of “for-sale” signs on a vehicle parked on a public street: You can access today’s ruling in this First Amendment commercial speech challenge at this link.

Posted at 10:30 AM by Howard Bashman



“Out Sick for the Enron Trial, and Rethinking It”: This article appears today in The New York Times, along with an article headlined “A 2nd Criminal Trial Begins for Former Enron Chief.” And columnist Floyd Norris has an essay entitled “What Fraud? All Was Fine at Enron” (TimesSelect subscription required).

Today in The Houston Chronicle, Mary Flood has articles headlined “Jurors cut short deliberations, go home for weekend; With 90 pages of instructions and indictments, early decision is unlikely” and “Lay’s team challenges validity of signatures; Lawyers in his new loans case argue ‘Autopen’ isn’t as legit as really signing off.”

The Washington Post reports today that “Lay’s Second Trial Starts As First Jury Deliberates.”

And The Los Angeles Times contains an editorial entitled “Enron arrogance on trial: A jury is set to rule on the energy raider’s dubious duo.”

Posted at 8:33 AM by Howard Bashman



“Officers want more Supermax staffing; Union official says that prison riot is a matter of time”: Yesterday’s edition of The Rocky Mountain News contained an article that begins, “The federal ‘Supermax’ prison in Florence is dangerously understaffed, the correctional officers’ union said Wednesday, leading to increasing violence that officers fear could get much worse.”

And The Pueblo Chieftain reported yesterday that “McFadyen to testify on prison understaffing.”

Posted at 8:30 AM by Howard Bashman



“Roberts gives light law lecture; Chief justice’s speech draws laughs at state Judicial Conference”: This article appears today in The Baltimore Sun.

Posted at 7:22 AM by Howard Bashman



“Criminal Charges Levied Against Big Tort Law Firm”: Josh Gerstein has this article today in The New York Sun. The newspaper also contains an editorial entitled “The Milberg Weiss Indictment.”

The Los Angeles Times reports today that “Class-Action Law Firm Indicted in Fraud Case; Powerful Milberg Weiss is accused of paying plaintiffs to sue; Charges may hurt investor suits.”

And USA Today reports that “Big-time law firm facing charges; $11 million in kickbacks alleged.”

Posted at 7:18 AM by Howard Bashman



“Who Wins This Case? Lawyers; Firms that had once shunned criminal work now see white-collar defense as a potential growth business.” This article appears today in The Los Angeles Times.

Posted at 7:15 AM by Howard Bashman



“Scalia Tells Congress to Mind Its Own Business”: Today in The Washington Post, Charles Lane has an article that begins, “Justice Antonin Scalia rebuked fellow conservatives on Capitol Hill yesterday, saying they have gone too far in trying to prevent the Supreme Court from using foreign law in its constitutional rulings.”

And today in The Los Angeles Times, David G. Savage has an article headlined “Scalia to Congress: Butt Out of Court’s Use of Foreign Law.”

Posted at 7:10 AM by Howard Bashman



“How Does President Bush Compare with Other Wartime Presidents With Respect to Free Speech Issues?” John W. Dean today has this essay online at FindLaw.

Posted at 6:44 AM by Howard Bashman