How Appealing

Friday, May 25, 2007

"Can What You're Reading Prove Intent to Commit a Crime?" The new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 10:47 PM by Howard Bashman


D.C. Circuit grants stay of its mandate in case striking down gun ban under the Second Amendment pending the District of Columbia's filing of a petition for writ of certiorari in the U.S. Supreme Court: I have posted a copy of yesterday's order online at this link.
Posted at 05:30 PM by Howard Bashman


"Prosecutor Seeks Prison for Libby": Josh Gerstein of The New York Sun provides this news update.

And The Associated Press provides a report headlined "Prosecutors: Up to 3 Years for Libby."

The Washington Post has placed the federal government's sentencing memorandum online at this link.
Posted at 04:55 PM by Howard Bashman



"The Goodling Girl: How Monica Goodling played the gender card and won." Emily Bazelon and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 03:28 PM by Howard Bashman


When Formula One racing at the Indianapolis Motor Speedway, it's better to opt for Bridgestone, instead of Michelin, tires: That's one lesson to be learned from this ruling that the U.S. Court of Appeals for the Seventh Circuit issued today. Another lesson is that if you're a disappointed racing fan who expected to see 20 cars race instead of only six, resist the urge to make a federal case out of it.
Posted at 03:15 PM by Howard Bashman


Third Circuit holds that Pennsylvania Family Institute -- an organization that seeks to disseminate the views of Pa. judicial candidates on legal and political issues -- lacks standing to challenge restrictions on the free speech rights of candidates for state judicial office: You can access today's unanimous per curiam ruling at this link.
Posted at 02:54 PM by Howard Bashman


Second Circuit refuses to order U.S. Military Academy at West Point to allow a political demonstration inside its gates during a graduation ceremony at which the Vice President Cheney will deliver the commencement address: You can access today's ruling at this link.

In earlier coverage, The Associated Press reported on the trial court's ruling in an article headlined "Anti-war activists to appeal ban on West Point protest."
Posted at 12:10 PM by Howard Bashman



Bayer Aktiengesellschaft continues to experience headache in trying to trademark "ASPIRINA": A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling yesterday. It is interesting to note the particular reliance placed on internet searches in upholding the denial of the trademark.

"The TTABlog" covers yesterday's ruling in a post you can access here.
Posted at 11:50 AM by Howard Bashman



"Senate Panel Plans Increase to Judiciary; Proposal Would Add Judges After Bush Leaves Office": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "For the first time in 17 years, Congress is moving to substantially boost the ranks of the federal judiciary, including up to a dozen new district judgeships for California's overworked courts, a leading senator said Thursday."
Posted at 11:10 AM by Howard Bashman


"Book Chronicles Career of Justice Clarence Thomas": This segment (transcript with links to audio and video) appeared on Wednesday's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 09:00 AM by Howard Bashman


"What Happened at the Justice Department?" This audio segment (available in both RealPlayer and Windows Media Player formats) featuring Dahlia Lithwick, David Iglesias, E.J. Dionne, and Mark Tushnet appeared on yesterday's broadcast of the public radio program "On Point."
Posted at 08:57 AM by Howard Bashman


"Senate Dems win delay of Southwick confirmation vote": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "The Senate Judiciary Committee postponed a scheduled vote Thursday on the nomination of Leslie Southwick to a seat on the 5th U.S. Circuit Court of Appeals."

And The Grand Rapids Press on Wednesday contained an editorial entitled "'Nuff said on Neff."
Posted at 08:53 AM by Howard Bashman



"Dead End for Anna Mae He? Supreme Court Justice Declines to Intervene in Bitter Tennessee Custody Battle." ABC News provides a written report that begins, "The family that raised 8-year-old Anna Mae He since infancy learned late yesterday that U.S. Supreme Court Justice John Paul Stevens has turned down its bid for an emergency stay of the ruling that Anna Mae must be reunited with her biological parents."
Posted at 08:52 AM by Howard Bashman


"Governor's signature bans horse slaughter; Measure to close facility in DeKalb may cost 55 jobs": The Chicago Tribune today contains an article that begins, "With Gov. Rod Blagojevich signing a bill Thursday prohibiting the slaughter of horses in Illinois for human consumption, the last such slaughterhouse in the country -- in DeKalb -- effectively was shuttered."

And The Daily Chronicle of DeKalb, Illinois reports today that "Governor Signs Horse Slaughter Ban."
Posted at 08:33 AM by Howard Bashman



"The good, the bad and the prosecuted: The feds swarm in on a Navy lawyer who held them accountable by leaking the identities of Gitmo detainees." Columnist Rosa Brooks has this op-ed today in The Los Angeles Times.
Posted at 08:25 AM by Howard Bashman


"Senate gives Gonzales a reprieve until after the break": The Washington Times contains this article today.

The Los Angeles Times reports today that "Inquiry widens into Justice Department hiring; The move follows testimony by a former Gonzales aide that she had considered politics in screening applicants." The newspaper also contains an editorial entitled "Gonzales' shaky Justice: Monica Goodling admitted asking department applicants about their political views; The attorney general has his own boundary issues."

The Boston Globe contains an editorial entitled "At Justice, a whodunit."

In The Washington Post, columnist Eugene Robinson has an op-ed entitled "The Monica They See." In addition, Hanna Rosin has an op-ed entitled "The New Establishment: How Evangelicals Became Part of Washington's Fabric."

In The Wall Street Journal, Kimberley A. Strassel has an op-ed entitled "Mission: Possible; Sen. Schumer wants to sink what's left of the Bush presidency" (free access).

And Bloomberg News columnist Margaret Carlson has an essay entitled "Goodling Is Clueless -- Except When She's Not."
Posted at 08:22 AM by Howard Bashman



"Judge OKs Quran for oath; Decision reflects diversity, some say": This article appears today in The News & Observer of Raleigh, North Carolina.
Posted at 08:14 AM by Howard Bashman


"Prison Likely for Adelphia Patriarch; Federal Appeals Court Upholds 2004 Fraud Conviction": The Washington Post contains this article today.

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 07:58 AM by Howard Bashman



"Openness Sought in British Terror Trials": This article appears today in The New York Times.
Posted at 07:50 AM by Howard Bashman


"Roberts Court Deals Lawyers Setbacks in Suits Against Companies": Greg Stohr of Bloomberg News provides this report.
Posted at 07:40 AM by Howard Bashman


"Deadline Looms for Libby Sentence Recommendations": Josh Gerstein has this article today in The New York Sun.
Posted at 06:47 AM by Howard Bashman


"Groups Ask Court To Rehear Decision by Visitor O'Connor": The New York Sun today contains an article that begins, "In October, dozens of lawyers flocked to the federal appellate court in Lower Manhattan where a former Supreme Court justice, Sandra Day O'Connor, spent a day of her retirement hearing cases. Many city lawyers don't have fond memories of the day."
Posted at 06:45 AM by Howard Bashman


"Some Larger Constitutional Lessons from the United States Attorneys' Firings": Vikram David Amar and Alan Brownstein have this essay online at FindLaw.
Posted at 06:40 AM by Howard Bashman






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