How Appealing



Tuesday, June 19, 2007

“Energy refunds over alleged gouging in 2000 survive appeal”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Californians could receive at least $1 billion in refunds from energy companies that allegedly gouged the state in 2000 as federal regulators stood by, under a ruling that survived an appeal Monday to the U.S. Supreme Court.”

Posted at 11:58 PM by Howard Bashman



“High Court Backs Banks In Antitrust Suit on IPOs”: Tomoeh Murakami Tse and Charles Lane have this article today in The Washington Post.

The Los Angeles Times reports today that “High court blocks IPO antitrust suit; Justices say claims that brokerages conspired to inflate stock prices have to be brought under securities statutes.”

USA Today contains an article headlined “High court: IPO investors can’t sue Wall Street firms; SEC oversight protects investment banks.”

And The Associated Press reports that “Antitrust Ruling Welcomed on Wall Street.”

Posted at 11:55 PM by Howard Bashman



“Supreme Court affirms passenger rights in police stops; When a vehicle is ‘seized,’ justices conclude, so are its occupants; The 9-0 decision overturns a California high court decision”: David G. Savage has this article today in The Los Angeles Times.

Today in USA Today, Joan Biskupic reports that “Passengers can challenge police stops, justices rule; Constitution covers more than just driver.”

And in The San Francisco Chronicle, Bob Egelko reports that “Cops can’t seize passenger after an illegal stop.”

Posted at 11:33 PM by Howard Bashman



“Law is no straitjacket: Official opposition to freeing Genarlow Wilson is as much about stubbornness as legal principle.” This editorial appears today in The Atlanta Journal-Constitution.

Posted at 11:28 PM by Howard Bashman



“Reckless slide repudiated”: Today in The Washington Times, Bruce Fein has an op-ed that begins, “In Ali Al-Marri v. Commander S.L. Wright (June 11, 2007), the U.S. 4th Circuit Court of Appeals rebuked President Bush’s frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism.”

Posted at 11:22 PM by Howard Bashman



“Administration Struggles With Interrogation Specifics”: The Washington Post today contains an article that begins, “Eight months after President Bush signed a bill authorizing the CIA to resume using ‘enhanced interrogation techniques’ on terrorism suspects, the administration has been unable to agree on what constitutes ‘humiliating and degrading treatment’ of detainees.”

The New York Times today contains an article headlined “Question Time for Nominee Linked to Interrogations.”

Reuters reports that “Democrats grill Bush CIA nominee about detainees.”

And The Associated Press reports that “Dems Wary of Bush CIA Counsel Choice.”

Posted at 11:08 PM by Howard Bashman



“How to handle Guantanamo Bay puzzles candidates; Detention center emerges as key campaign issue as security concerns and legal challenges mount”: This article appears today in USA Today.

Posted at 10:50 PM by Howard Bashman



“Libby Seeks Delay of Prison Term”: The Associated Press provides a report that begins, “Former White House aide I. Lewis ‘Scooter’ Libby, who faces prison soon in the CIA leak case, asked a federal appeals court Tuesday to step in and delay the sentence.”

Posted at 8:11 PM by Howard Bashman



“Judge Dissolves Civil Union in Custody Fight”: Today in The New York Times, Adam Liptak has an article that begins, “A family court judge in Vermont on Friday dissolved a civil union between two women whose fight over their daughter had attracted national attention and for a time put a judge in Virginia at odds with one in Vermont over whether a child can have two mothers.”

And The Rutland (Vt.) Herald today contains an article headlined “Sole custody in civil union case” that begins, “A Rutland judge has awarded to a Virginia woman custody of a child at the center of a high-profile legal battle stemming from a Vermont civil union breakup, and granted visitation to the woman’s former partner living in Fair Haven.”

Posted at 3:35 PM by Howard Bashman



“New citizen-detainee case to Court”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “Attorneys for a U.S. citizen facing execution by Iraq’s government has now taken his case to the Supreme Court in an appeal that asks the Justices to sort out the continuing meaning of — and perhaps to overrule — a brief but historic post-World War II decision.”

Posted at 3:15 PM by Howard Bashman



“County loses antitrust case”: The Cincinnati Enquirer provides a news update that begins, “An appeals court today rejected Hamilton County’s attempt to revive an antitrust lawsuit against the Bengals and the National Football League. The judges of the U.S. 6th Circuit Court of Appeals ruled that county officials should have known the NFL was a monopoly during negotiations to build the $450 million Paul Brown Stadium.”

And The Associated Press reports that “Court Upholds Rejection of Bengals Suit.”

Harvard Law Professor Arthur R. Miller argued the case on behalf of the losing side. And Sixth Circut Judge Jeffrey S. Sutton wrote the opinion on behalf of a unanimous three-judge panel. The opinion contains a colorful recounting of history of the Cincinnati Bengals and may contain the first-ever reference to the “Ickey Shuffle” (see a related YouTube clip from the movie “Baseketball” at this link) in the Federal Reporter.

Posted at 2:58 PM by Howard Bashman



After having been reversed twice by the U.S. Supreme Court for setting aside this particular Tennessee inmate’s death sentence, the Sixth Circuit narrowly avoids going for the hat-trick: You can access today’s ruling in Cone v. Bell, by a divided three-judge panel, at this link. The Supreme Court’s earlier reversals can be accessed here and here.

Posted at 2:42 PM by Howard Bashman



“What is the real face of Regent’s law school?” Yesterday’s edition of The Virginian-Pilot contained an article that begins, “For some, Monica Goodling has become the face of Regent University’s law school. And therein lies the challenge for its administrators and students.”

Posted at 2:33 PM by Howard Bashman



“What would Jack Bauer do? Canadian jurist prompts international justice panel to debate TV drama 24’s use of torture.” This past Saturday’s issue of The Toronto Globe and Mail contained an article that begins, “Justice Antonin Scalia is one of the most powerful judges on the planet. The job of the veteran U.S. Supreme Court judge is to ensure that the superpower lives up to its Constitution. But in his free time, he is a fan of 24, the popular TV drama where the maverick federal agent Jack Bauer routinely tortures terrorists to save American lives. This much was made clear at a legal conference in Ottawa this week.”

Posted at 2:28 PM by Howard Bashman



“Court finds e-mail was private”: The Cincinnati Enquirer today contains an article that begins, “More than two years after it seized the personal e-mail of the owner of Berkeley Nutraceuticals, the government was set straight in its methods again, this time in an opinion rendered Monday by the Sixth Circuit U.S. Court of Appeals. The unanimous opinion of a three-judge panel of the court upheld U.S. District Judge Susan Dlott’s finding last July that prosecutors violated the Constitution when they persuaded a federal magistrate to give them access to Steve Warshak’s e-mail accounts at Nuvox Communications and Yahoo!”

And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Court Rules Stored E-Mails More Private” (RealPlayer required).

Electronic Frontier Foundation provides access to the appellate briefs and the district court’s ruling via this link.

My earlier coverage of yesterday’s Sixth Circuit ruling appears at this link.

Posted at 9:45 AM by Howard Bashman



“The Principle of Judicial Sincerity”: Law Professor Micah Schwartzman has posted this interesting article online at bepress. The article’s abstract begins, “The idea that judges have a duty to be sincere or candid in their legal opinions has been subject to systematic criticism in recent years. Critics have argued that a strong presumption in favor of candor threatens judicial legitimacy, deters positive strategic action on multi-member courts, reduces the clarity and coherence of doctrine, erodes collegiality, and promotes the proliferation of fractured opinions.” (Via “Legal Theory Blog“).

Posted at 8:24 AM by Howard Bashman



“Judge Fines Firms For Withholding Policy Information”: Today in The New York Sun, Joseph Goldstein has an article that begins, “A federal judge is fining two law firms for withholding information about an insurance policy that covered the World Trade Center at the time of the September 11, 2001, terrorist attacks. The sanction, of $1.25 million, is against the firms Wiley Rein LLP and Coughlin Duffy LLP, as well as their client, the Zurich American Insurance Company.”

You can access yesterday’s ruling of the U.S. District Court for the Southern District of New York at this link.

Posted at 8:14 AM by Howard Bashman



“US agencies disobey 6 laws that president challenged; Officials regarded some as advisory”: Today in The Boston Globe, Charlie Savage has an article that begins, “Federal officials have disobeyed at least six new laws that President Bush challenged in his signing statements, a government study disclosed yesterday. The report provides the first evidence that the government may have acted on claims by Bush that he can set aside laws under his executive powers.”

The Washington Post reports today that “‘Signing Statements’ Study Finds Administration Has Ignored Laws.”

And The Associated Press reports that “GAO Examines Signing Statement Cases.”

Posted at 8:09 AM by Howard Bashman



“A Judicial Overreaction To Bush Abuses?” In this week’s issue of National Journal, Stuart Taylor Jr. has an essay that begins, “A federal Appeals Court’s unanimous rejection on June 11 of President Bush’s effort to deny judicial review and due process to a legal alien who has been militarily incarcerated for four years — because Bush says he is a Qaeda agent — was a ringing and welcome defense of our constitutional freedoms.”

Posted at 8:01 AM by Howard Bashman



“Judges Behaving Badly: Their Ill-Considered Suits Against a Dry Cleaner, and Against the Yale Club.” Anthony J. Sebok has this essay online at FindLaw.

Posted at 7:58 AM by Howard Bashman