How Appealing



Tuesday, July 8, 2008

Articles and papers of interest available for download via SSRN: Steven G. Calabresi and Sarah E. Agudo have posted an article titled “Individual Rights Under State Constitutions When the Fourteenth Amendment Was Ratified in 1868: What Rights are Deeply Rooted in American History and Tradition?” (abstract with link for download; via “Legal Theory Blog“).

Thomas Colby has posted an article titled “Clearing the Smoke from Philip Morris v. Williams: The Past, Present, and Future of Punitive Damages” (abstract with links for download; via “Legal Theory Blog“).

Paul Hughes has a paper titled “Not a Failed Experiment: Wilson-Saucier Sequencing and the Articulation of Constitutional Rights” (abstract with link for download; via “Legal Theory Blog“).

And Larry Alexander and Saikrishna Prakash have an article titled “Tempest in an Empty Teapot: Why the Constitution Does Not Regulate Gerrymandering” (abstract with links for download; via “Legal Theory Blog“).

Posted at 8:50 PM by Howard Bashman



“The question whether the equitable doctrine of laches may bar a claim for copyright infringement that was filed within the statute of limitations has generated a circuit split and is a question of first impression in this circuit.” In a Scientology-related ruling issued today, the U.S. Court of Appeals for the Eleventh Circuit holds that “[o]nly in the most extraordinary circumstances will laches be recognized as a defense” to a claim for copyright infringement.

Posted at 8:30 PM by Howard Bashman



“The Election and the Supreme Court–Possible Vacancies Ahead?” Doug Kmiec has this post at Slate’s “Convictions” blog.

Posted at 4:22 PM by Howard Bashman



“Abu-Jamal seeks new trial in Phila. officer’s slaying”: Today in The Philadelphia Inquirer, Emilie Lounsberry has an article that begins, “Pennsylvania death-row inmate Mumia Abu-Jamal has asked a federal appeals court to reconsider the decision that denied him a new trial in the 1981 slaying of Philadelphia Police Officer Daniel Faulkner.”

My earlier coverage of the Third Circuit’s ruling from March 2008 appears here and here.

Posted at 11:37 AM by Howard Bashman



“Judge sends rambling lawsuit back for a rewrite; Lawyers aren’t particularly known for brevity, but Vancouver, Wash., lawyer Dean Browning Webb has taken wordiness to new extremes, according to a federal judge who ordered Webb to tighten his 465-page lawsuit”: This article appeared last Friday in The Seattle Times.

And The Associated Press reports that “Wash. judge tells verbose lawyer to make it snappy.”

I have posted online at this link the recent ruling of the U.S. District Court for the Western District of Washington.

Posted at 9:42 AM by Howard Bashman



“Scholars & Scribes Review the Rulings: The Supreme Court’s 2007-2008 Term.” The Heritage Foundation will be hosting this event beginning at 10 a.m. eastern time today. According to that organization’s web site, video of the event (once it begins) can be viewed live, online using either RealPlayer or Windows Media Player.

Update: Now that the event has ended, you can access the video online, on-demand by clicking here (Windows Media Player required).

Posted at 9:20 AM by Howard Bashman



“Put War Powers Back Where They Belong”: James A. Baker III and Warren Christopher have this op-ed today in The New York Times.

Posted at 9:14 AM by Howard Bashman



“Compromising the Constitution”: The New York Times today contains an editorial arguing that “[t]he Senate should reject a bill this week that would needlessly expand the government’s ability to spy on Americans and ensure that the country never learns the full extent of President Bush’s unlawful wiretapping.”

The newspaper also contains a related op-ed by Morton H. Halperin entitled “Listening to Compromise.”

Posted at 9:12 AM by Howard Bashman



“Registry law called ‘unfair to homeless’; Sex offenders are required to list an address, even if they don’t have one”: Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, “Georgia’s sex offender registry law should be struck down because it makes homelessness a crime, a lawyer told the state’s highest court on Monday.”

Posted at 8:45 AM by Howard Bashman