How Appealing

Tuesday, July 15, 2008

"Federal appeals court upholds $15-million civil award for Rampart police officers; The panel supports a jury's verdict that the LAPD and city violated the rights of the three men by arresting and charging them without adequate evidence during their division's corruption scandal": Maura Dolan has this article today in The Los Angeles Times.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 11:58 PM by Howard Bashman



"Man loses bid in anthrax libel case; Court: Scientist who sued New York Times didn't prove that columns were malicious." The Richmond Times-Dispatch contains this article today.

And today in The New York Times, Neil A. Lewis reports that "Dismissal of Suit Against Times Is Upheld."

My earlier coverage of yesterday's Fourth Circuit ruling appears at this link.
Posted at 11:44 PM by Howard Bashman



"District Gun Bill Goes to Council; Officials Anticipate More Legal Action On Weapon Types": This article appears today in The Washington Post.
Posted at 11:30 PM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Day to Day" contained an audio segment entitled "S.D. Abortion Doctors Must Say: You're Ending A Life."

And this evening's broadcast of "All Things Considered" contained audio segments entitled "Court Says Enemy Combatant Can Challenge Status" (featuring Nina Totenberg); "Video Released Of Guantanamo Interrogation"; and "Mass. Senate Votes To Let Out-Of-State Gays Wed."

RealPlayer is required to launch these audio segments.
Posted at 11:14 PM by Howard Bashman



"3d Circuit: Anti-gay activists can demonstrate, not disrupt." Emilie Lounsberry of The Philadelphia Inquirer has a news update that begins, "Anti-homosexual activists arrested when they disobeyed police orders to move during Philadelphia's 2004 OutFest celebration had a right to demonstrate but not disrupt the coming-out festival, a federal appeals court ruled today."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 09:04 PM by Howard Bashman



"Ninth Circuit Judge M. Margaret McKeown to Chair National Codes of Conduct Committee": The U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 08:50 PM by Howard Bashman


Seventh Circuit rejects Commerce Clause challenge to federal child pornography conviction where the defendant demonstrated that the pornography was videotaped at the defendant's home in Wisconsin, for his private viewing and possession: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 08:40 PM by Howard Bashman


"Alleged Al-Qaeda Driver Testifies on Interrogation Tactics": The Washington Post has a news update that begins, "Salim Ahmed Hamdan, the alleged al-Qaeda driver who faces an historic military trial next week, testified Tuesday that a female interrogator elicited information from him using sexually suggestive behavior that was offensive to him."
Posted at 05:25 PM by Howard Bashman


"Senate Republican Conference Forum on the Judicial Confirmation Process": C-SPAN has posted online at this link (RealPlayer required) the video of this forum, which took place in Washington, DC yesterday.
Posted at 03:24 PM by Howard Bashman


"Court Backs Bush on Military Detentions": Adam Liptak of The New York Times has this news update.

James Vicini of Reuters reports that "Terror suspect can challenge U.S. detention."

The Associated Press provides a report headlined "Court: Enemy combatant can challenge designation."

And at "SCOTUSblog," Lyle Denniston has a post titled "Split decision on Al-Marri."
Posted at 03:08 PM by Howard Bashman



"[I]f the Government's allegations about al-Marri are true, Congress has empowered the President to detain him as an enemy combatant," but "assuming Congress has empowered the President to detain al-Marri as an enemy combatant provided the Government's allegations against him are true, al-Marri has not been afforded sufficient process to challenge his designation as an enemy combatant": So holds the en banc U.S. Court of Appeals for the Fourth Circuit today, by means of a per curiam opinion, dividing 5-4 on each of these two holdings.

In addition to the court's short per curiam opinion, seven of the nine judges participating in today's en banc ruling wrote separate opinions:

Judge Motz wrote an opinion concurring in the judgment, in which Judges Michael, King, and Gregory joined. Judge Traxler wrote an opinion concurring in the judgment, in Part II of which Judge Niemeyer joined. Judge Gregory wrote an opinion concurring in the judgment. Chief Judge Williams wrote an opinion concurring in part and dissenting in part, in which Judge Duncan joined. Judge Wilkinson wrote an opinion concurring in part and dissenting in part. Judge Niemeyer wrote an opinion concurring in the judgment in part and dissenting in part. Judge Duncan wrote an opinion concurring in part and dissenting in part. Judge Shedd did not participate in this case.
The entire en banc ruling totals 216 pages.

Back on June 11, 2007, a divided three-judge Fourth Circuit panel ruled 2-1 that al-Marri could not be held as an enemy combatant. This blog's coverage of that ruling appeared in various posts made on that date and in this post from the following day.
Posted at 12:50 PM by Howard Bashman



"[P]laintiff's suggestion that the Judiciary micro-manage advertising selection by military newspapers not only is unsupported by First Amendment doctrine, but also would interfere with the military's pursuit of its critical mission": So writes Circuit Judge Brett M. Kavanaugh, concurring in an opinion that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:32 PM by Howard Bashman


"Woman gives judge earful, lands in jail; Obscene outburst nets Sarah Muller contempt charge in jury selection": This article appears today in The Ocala (Fla.) Star-Banner.
Posted at 12:15 PM by Howard Bashman


"Video of Guantanamo Interrogation Released": The New York Times provides a news update that begins, "Video recordings released Tuesday showing interrogations of the only Canadian held at the Guantanamo Bay detention center in Cuba provided an unprecedented glimpse inside the compound."

CBC News provides a report headlined "'You don't care about me,' Khadr sobs in interview tapes; Tapes reveal interrogation by Canadian officials." You can access the video online by clicking here (Windows Media Player required).

The Toronto Globe and Mail provides a news update headlined "Omar Khadr: The interrogation; Video captures righteous indignation." The newspaper has posted the video at this link.

The Toronto Star provides a news update headlined "Khadr video released."

And The Associated Press reports that "Gitmo video offers glimpse of interrogations."
Posted at 11:54 AM by Howard Bashman



"Ballpark safety is about keeping your eye on the ball; Team liability limited big-time at ballpark": This article appears today in The Chicago Tribune.

According to the article, "A century of legal precedent from personal injury cases requires club owners to string netting in the most dangerous areas of the park but puts the onus on fans to protect themselves from bats and balls that aren't stopped by the nets. Lawmakers bolstered the principle further in Illinois, Colorado and Arizona with laws in the 1990s that underscored immunity from lawsuits for ballplayers and the clubs that employ them."
Posted at 11:44 AM by Howard Bashman



"Obama, McCain Would Look to Women, Hispanics for Supreme Court": Greg Stohr of Bloomberg News has this report.

Earlier this month, Law Professors Stuart M. Benjamin and G. Mitu Gulati posted online at SSRN a paper titled "Mr. Presidential Candidate: Whom Would You Nominate?" (abstract with links for download; via "Legal Theory Blog").
Posted at 11:30 AM by Howard Bashman



Programming note: Due to a work-related breakfast meeting in Philadelphia this morning, regular posting will not begin until somewhat later than usual today.
Posted at 07:10 AM by Howard Bashman






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