How Appealing

Friday, June 1, 2007

"Partial-Birth Confusion: The Supreme Court puts doctors in the hot seat." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 11:48 PM by Howard Bashman


Available online from law.com: An article is headlined "Is Exxon Valdez Litigation Over? Company Says It Will Appeal Again."

And the brand new installment of my "On Appeal" essay is headlined "Abolishing Non-Precedential Appellate Court Rulings: An Idea Whose Time Has Come?"
Posted at 11:40 PM by Howard Bashman



"Condit balances lawsuits in Arizona, New York": Michael Doyle of McClatchy Newspapers provides a report that begins, "Former California Democratic congressman Gary Condit is proving to be both elusive and persistent in his ongoing federal court battles."
Posted at 11:25 PM by Howard Bashman


San Francisco Giants 13, Philadelphia Phillies 0: My son and I attended this evening's trouncing at Citizens Bank Park. Barry Bonds went one for two with an RBI double and was walked twice (once intentionally), before being replaced for a pinch runner in the top of the fifth inning. My son made it onto Phanavision this evening in connection with the presentation of the Nokona glove for best catch by a fan.

You can access the box score of tonight's game at this link, while wraps are available here and here.
Posted at 11:10 PM by Howard Bashman



"Women, Minorities Top Bush's Supreme Court Short List; White House Prepares for Possible Vacancy as Court Nears Summer Break": ABC News correspondent Jan Crawford Greenburg provides an exclusive written report that begins, "The White House is developing a short list of possible Supreme Court nominees so President Bush can move swiftly if a justice retires at the end of June, when the Court breaks for its summer recess, according to sources involved in the selection process."
Posted at 03:50 PM by Howard Bashman


"Ex-aide to Rove resigns amid U.S. attorney flap": CNN.com provides a report that begins, "The former White House aide whose appointment to a U.S. attorney's post helped fuel the furor over the forced resignations of eight federal prosecutors will resign Friday, according to a news release."
Posted at 03:27 PM by Howard Bashman


"Key Decisions Remain for Supreme Court": Mark Sherman of The Associated Press provides this report.
Posted at 02:18 PM by Howard Bashman


Unanimous three-judge Ninth Circuit panel rejects challenge to the University of Montana's imposition of a dollar limit on what a student may spend on his campaign for student office: You can access today's ruling at this link. Lest you dismiss this case as some kooky challenge by a wealthy student with too much time on his hands, it's worth noting that James Bopp, Jr. appears as lead counsel for the student.
Posted at 01:24 PM by Howard Bashman


"White House candidate opposes Southwick judicial appointment": This article appears today in The Clarion-Ledger of Jackson, Mississippi.

And The Houston Chronicle reports today that "Local groups oppose Bush nominee over racial slur; Leslie Southwick of Mississippi is accused of condoning the use of the word in a decade-old opinion."
Posted at 12:50 PM by Howard Bashman



Over the dissent of six active judges, the U.S. Court of Appeals for the Sixth Circuit denies rehearing en banc to decide "When does the statute of limitations begin to run on a 42 U.S.C. sec. 1983 challenge to a lethal-injection protocol?" You can access today's order denying rehearing en banc, and a dissent therefrom, at this link. The order notes the recusal of one of that court's fourteen active judges, meaning that only seven votes were needed to grant rehearing en banc.
Posted at 10:35 AM by Howard Bashman


"TB Quarantine Raises Legal Questions": The Associated Press provides this report.
Posted at 10:32 AM by Howard Bashman


"Adult film producer indicted on obscenity charges; The 10 federal counts are handed down against Paul F. Little, whose nom de porn is Max Hardcore, in Florida": This article appears today in The Los Angeles Times.

"The Smoking Gun" has posted a copy of the indictment at this link.
Posted at 08:47 AM by Howard Bashman



"Court upholds right to sue for bias without demanding policy changes; Plaintiffs needn't ask businesses for equal treatment": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Four men who were allegedly refused ladies' night discounts at a Los Angeles nightclub have the right to sue on the grounds of discrimination even if they never demanded equal treatment from the club, the state Supreme Court said Thursday."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:44 AM by Howard Bashman



"State's top court OKs dog maul murder charge; Judge ordered to reconsider owner's original conviction": Bob Egelko has this article today in The San Francisco Chronicle.

Howard Mintz of The San Jose Mercury News reports today that "Mauling case back to judge; Murder conviction of S.F. dog owner at center of dispute."

In The Los Angeles Times, Maura Dolan reports that "Murder conviction in dog attack could be reinstated; The California Supreme Court orders a judge who threw out the verdict to reconsider whether he should reinstate it against a San Francisco woman whose Presa Canarios killed a woman in 2001."

And law.com reports that "Dog Maul Case Hinges on New Question of 'Implied Malice'; Per California Supreme Court fiat, the murder prosecution against Marjorie Knoller will head back to the trial court."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:42 AM by Howard Bashman



"Class-action lawyer could face charges; A partner's possible plea deal feeds rumors that William Lerach may be indicted soon": This article appears today in The Los Angeles Times.
Posted at 08:33 AM by Howard Bashman


"Post of U.S. attorney may be filled soon; Attention focuses on Thomas O'Brien, chief of the L.A. office's criminal division who formerly worked in the D.A.'s gang unit": The Los Angeles Times today contains an article that begins, "As Congress investigates whether U.S. attorneys across the nation were fired or forced out for political reasons, the Bush administration appears to be poised to nominate a respected career prosecutor as U.S. attorney in Los Angeles."
Posted at 08:32 AM by Howard Bashman


"Witness in Padilla trial tells of time at mosque; A judge will decide whether to allow an ex-con to testify in the Jose Padilla terror trial about his experiences at a Broward County mosque": This article appears today in The Miami Herald.

The South Florida Sun-Sentinel reports today that "Ex-convict testifies at terror trial about knowing Padilla at Sunrise mosque."

And The Los Angeles Times reports that "Ex-con describes activities at Padilla's mosque; The witness appears to surprise prosecutors when he says he also considered training as an Islamic warrior."
Posted at 08:30 AM by Howard Bashman



"Court no help on unequal pay": The St. Petersburg Times today contains an editorial that begins, "Missing from the Supreme Court's sex discrimination ruling on Tuesday was a recognition of the reality of the workplace. A slim 5-to-4 majority essentially slammed the door on future Title VII pay discrimination claims by making the window of time in which to bring those claims unreasonably narrow. Now it is up to Congress to reverse the damage."
Posted at 08:20 AM by Howard Bashman


"Detainee Found Dead Trained With U.S. Forces": This article appears today in The Washington Post.

And today in The Miami Herald, Carol Rosenberg reports that "Guantanamo captive called himself jihadist; A Saudi found dead at Guantanamo was a self-described jihadist, but one who said he didn't seek to kill U.S. soldiers; He once served in the Saudi army."
Posted at 08:17 AM by Howard Bashman



"State Senate OKs Changes for Eminent Domain Laws; Measure Would Strengthen Property-Seizure Restrictions": Today's edition of The Day of New London, Connecticut contains an article that begins, "The state Senate approved an overhaul of Connecticut's eminent-domain laws Thursday night, nearly two years after a U.S. Supreme Court decision upholding the laws triggered nationwide protests and efforts to restrict the rights of government to seize property for private development."
Posted at 08:13 AM by Howard Bashman


"Senators Seek Legal Review of CIA Methods": This article appears today in The Washington Post, along with an editorial entitled "Bad Methods: President Bush's 'alternative' techniques for questioning terrorism suspects have no basis in science or law."

And The Los Angeles Times reports today that "Panel is critical of secret CIA jails; The Senate Intelligence Committee doubts whether the overseas network is in the nation's 'best interests.'"
Posted at 08:09 AM by Howard Bashman



"The Anna Effect: Too much crime, too much sex, not enough reading; This reporter says it's time to make some changes." Dahlia Lithwick has this essay in the June 2007 issue of The American Lawyer.
Posted at 07:55 AM by Howard Bashman


"Wal-Mart Workers' Wage and Hour Suit Valid as Class Action, N.J. Court Says": law.com provides a report that begins, "Hourly employees of Wal-Mart who claim they were forced to work off the clock and to miss rest and meal breaks may pursue a class action suit in New Jersey, the state's Supreme Court said Thursday."

The New York Times reports today that "New Jersey High Court Hands Wal-Mart a Setback."

And The Associated Press reports that "Workers' suit vs. Wal-Mart gets new life."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 07:54 AM by Howard Bashman



"Top lawman is Corzine pick to head court; Attorney General Rabner, at 46, may shape judiciary for generation": The Newark (N.J.) Star-Ledger today contains an article that begins, "Gov. Jon Corzine plans to nominate Attorney General Stuart Rabner for chief justice of the state Supreme Court, a move that could leave a lasting imprint on New Jersey's judiciary, according to four people with direct knowledge of the governor's plans."

And The New York Times reports today that "Attorney General Is Called Corzine's Pick for Top Judge."
Posted at 07:48 AM by Howard Bashman



"Pa. Supreme Court upholds access to jurors' identities": The Philadelphia Inquirer contains this article today.

The Pittsburgh Tribune-Review reports today that "Public has right to know jurors' names, top Pa. court says."

And The Associated Press reports that "State Supreme Court says jurors' names should usually be released."

You can access yesterday's ruling of the Supreme Court of Pennsylvania at this link.
Posted at 07:45 AM by Howard Bashman



"Libby's Lawyers Argue Against Prison as Fitzgerald Seeks 30 Months": This article appears today in The Washington Post.

Today in The New York Times, Neil A. Lewis reports that "Defense Team Asks Leniency From Judge in Libby Case."

In The New York Sun, Josh Gerstein reports that "Libby Lawyers Request He Be Spared Prison Term."

And The Wall Street Journal contains an editorial entitled "Fitzgerald Doubles Down: Prosecutor asks for a sentence based on never-seen evidence" (free access).
Posted at 06:48 AM by Howard Bashman



"Top Lawyer, Under Fire, May Depart": The New York Times today contains an article that begins, "William S. Lerach, one of the most powerful securities class-action lawyers in the nation, is considering plans to leave the law firm he founded three years ago."
Posted at 06:42 AM by Howard Bashman


"Anti-Prostitution Pledge Case To Be Heard": Today in The New York Sun, Joseph Goldstein has an article that begins, "A federal appeals court will today weigh whether Congress violated the First Amendment by requiring anti-AIDS groups to pledge that they oppose the legalization of prostitution in order to receive federal funds for work done in other countries. Should the U.S. 2nd Circuit Court of Appeals in Manhattan, which hears oral arguments in the case today, decide the requirement is unconstitutional, judges here would be in disagreement with their counterparts on the appellate bench in the District of Columbia Circuit."

My earlier coverage of that D.C. Circuit ruling from February 2007 can be accessed here.
Posted at 06:33 AM by Howard Bashman







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