How Appealing

Thursday, July 26, 2007

"Court Upholds Curbs on Signs in New Jersey": The New York Times on Friday will contain an article that begins, "In a ruling that could have implications far beyond New Jersey, the State Supreme Court on Thursday upheld the right of homeowners' associations to restrict the posting of political signs and other forms of constitutionally protected speech, as long as the restrictions are not 'unreasonable or oppressive.'"

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 11:10 PM by Howard Bashman



"Justices rule in favor of jokester dentist": The Seattle Post-Intelligencer provides a news update that begins, "There was a time when a good practical joke involved fake barf, and the state Supreme Court took on legal issues that could lull even the most eager of law students to sleep. So wait 'til you hear this one. An Auburn dentist waited until his assistant was sedated for oral surgery and then put fake boar tusks in her mouth. Her eyes were pried open. Pictures were taken. And oh, was it funny -- until the woman found out what happened. The legal question was almost as odd as the joke: Should the dentist's insurance company have defended him when his assistant sued?"

And The Seattle Times provides a news update headlined "Court awards oral surgeon $750,000 in boar-tusk case."

Today's 5-4 ruling of the Supreme Court of Washington State consists of a majority opinion and two dissenting opinions (here and here).
Posted at 10:50 PM by Howard Bashman



"Jury convicts Broward inmate of indecent exposure in his cell": This article appears today in The South Florida Sun-Sentinel.

And The Miami Herald reports today that "Sex act costs inmate 60 more days; An armed robber got a 60-day jail sentence for doing something people do in private."
Posted at 10:40 PM by Howard Bashman



"Noriega loses round in extradition fight": Jay Weaver of The Miami Herald provides this news update.

And The Associated Press reports that "Noriega Appears in Court on Extradition."
Posted at 10:38 PM by Howard Bashman



"Closing the Doors The Family Opened; A.V.'s Regulars Return to Wait For a Last Meal": The Washington Post today contains an article that begins, "Waiters were rolling out of the kitchen with steaming platters of rigatoni and mushroom-topped pizzas, the phone was jangling with more and more orders, and who was that coming through the timeworn front door? Supreme Court Justice Antonin Scalia, leading an entourage for a last gastronomic adventure. For more than a half-century, the justice has been a regular patron at A.V. Ristorante Italiano, Washington's one-stop answer to Little Italy since the days when Harry S. Truman occupied the White House. Now, he'll have to find another joint."
Posted at 10:15 PM by Howard Bashman


"Thomas Charts a Jurisprudence All His Own": Brent Kendall has this article today in The Daily Journal of California.
Posted at 10:14 PM by Howard Bashman


"Throw Restraint to the Wind: And other ways for the legal left to rein in the Roberts Court." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 09:07 PM by Howard Bashman


"Lawyer seeks contempt order against JCPS for race policy": The Louisville Courier-Journal provides a news update that begins, "Jefferson County Public Schools officials should allow students assigned to schools this year because of their race to choose another school -- or be held in contempt and incarcerated, says the Louisville lawyer who successfully sued to end the district’s school-integration plan."

And The Associated Press reports that "Lawyer Asks for Changes in Schools Case."
Posted at 06:58 PM by Howard Bashman



"Judge rules Hazleton's ordinance on illegal immigrants is unconstitutional": The Philadelphia Inquirer provides a news update that begins, "In a ruling with national implications, a federal judge this afternoon struck down a controversial year-old ordinance in Hazleton designed to crack down on illegal immigrants in the Northeastern Pennsylvania city. In a 206-page ruling, U.S. District Judge James Munley found that Hazleton's ordinance that would have penalized city businesses that hire illegal immigrants and landlords who rent to them was unconstitutional because the federal government alone crafts and enforces immigration policies."

The Allentown Morning Call provides news updates headlined "Appeals next in Hazleton case; Judge strikes ordinance regulating illegal aliens" and "Hazleton's Latinos pleased with judge's decision."

The Pittsburgh Post-Gazette provides a news update headlined "Judge strikes down Hazleton laws on illegal immigrants."

The Associated Press reports that "Pa. Immigrant Law Voided."

And The Legal Intelligencer provides a news update headlined "Hazleton Immigration Ordinances Fail Constitutional Test" (free access).

You can access today's lengthy ruling of the U.S. District Court for the Middle District of Pennsylvania at this link.
Posted at 06:50 PM by Howard Bashman



Washington Nationals 7, Philadelphia Phillies 6: My son and I were back at Citizens Bank Park for this afternoon's game, but the Phillies were unable to deliver a bottom of the 9th comeback for the second day in a row, falling a run short today. You can view the box score at this link, while wraps from MLB.com are available here and here. Even worse news was awaiting us on our return home, as MLB.com is now reporting that "Utley breaks hand, lands on DL; Injury a result of being plunked with a pitch."
Posted at 06:27 PM by Howard Bashman


"Congress has not stated its intent to reach discussions held in the United States in furtherance of a conspiracy to possess controlled substances outside the territorial jurisdiction of the United States, with intent to distribute those controlled substances outside of the territorial jurisdiction of the United States." Federal criminal statutes that make it a crime to conspire to possess with intent to distribute cocaine do not apply extraterritorially, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has ruled today in a decision that you can access here.

David Oscar Markus has this post about the decision at the "Southern District of Florida Blog."
Posted at 11:11 AM by Howard Bashman



"[B]ecause Appellants were members of a class asserted in a class action complaint, their limitations period was tolled under the doctrine of American Pipe until such time as they ceased to be members of the asserted class, notwithstanding that they also filed individual actions prior to the class certification decision." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today in In re: WorldCom Securities Litigation.

The plaintiffs-appellants that prevailed in today's ruling are are public and private pension funds that purchased bonds of WorldCom and then sued the underwriters of the bonds under Section 11 of the Securities Act of 1933, alleging that the registration statements covering the bonds they purchased contained false and misleading information.
Posted at 10:50 AM by Howard Bashman



"Sixth Circuit reverses extreme upward variance in sex offender case": The "Sentencing Law and Policy" blog has this post about a decision that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:42 AM by Howard Bashman


"'Gang' Courted for Southwick": Roll Call today contains an article (subscription required) that begins, "GOP Senate leaders are looking to re-enlist members of the bipartisan 'Gang of 14' to help break the impasse over the stalled appellate court nomination of Leslie Southwick, a move that has temporarily delayed Republican plans to make the appointee ground zero for a major Senate rematch over the federal bench."
Posted at 09:05 AM by Howard Bashman


"Stacking the Court": Jean Edward Smith has this op-ed today in The New York Times.
Posted at 09:03 AM by Howard Bashman


"Senator May Seek Gonzales Perjury Probe; Leahy Sets Deadline For Revised Testimony": This article appears today in The Washington Post.
Posted at 08:57 AM by Howard Bashman


"Court tosses out challenge to board prayers": The Advocate of Baton Rouge, Louisiana today contains an article that begins, "A sharply divided 5th U.S. Circuit Court of Appeals in New Orleans threw out on Wednesday a 2-year-old lower court decision that had blocked prayers from being said at Tangipahoa Parish School Board meetings, court records show. The parties that brought the lawsuit against the board did not show they had standing to file suit against the School Board three and a half years ago, the appeals court majority said. The en banc court vacated the District Court ruling that held sectarian invocations delivered at the start of board meetings were unconstitutional. The 5th Circuit remanded the case to U.S. District Court at New Orleans with instructions to dismiss the suit, court records show."

And The Associated Press reports that "Appeals court vacates Tangipahoa prayer ruling."

You can access yesterday's 8-7 en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. And my coverage of the original splintered three-judge panel ruling in the case can be accessed here.
Posted at 08:25 AM by Howard Bashman



Philadelphia Phillies 7, Washington Nationals 5 (14 innings): My son and I had the pleasure of watching the first twelve innings of Wednesday night's baseball game at Citizens Bank Park in Philadelphia. We would have gladly stayed for the entire game, but having taken public transportation to the game, it made more sense to leave before Philadelphia's subway system shut down for the night.

On the night of the Cole Hamels Bobble Figurine give-away, starting pitcher Cole Hamels pitched seven strong innings, giving up only two runs and recording six strikeouts. When he left the game the Phillies were leading 4-2. Phillies closer for-the-moment Antonio Alfonseca had a rough outing in the ninth inning, charged with giving up three runs in just one-third of an inning. That meant, heading into the bottom of the ninth inning, that the Philies were trailing 5-4. With two outs in the bottom of the ninth, Phillies shortstop Jimmy Rollins hit a triple to the gap in left center and then came around to score the tying run on the play when the throw from the outfield to the Nationals shortstop trickled away and then the throw home could not be handled by the Nationals catcher.

Some five innings later, in the bottom of the fourteenth inning, Phillies first baseman Ryan Howard hit a tremendous home run to the second deck in right field, with a runner on base, to end the game. You can access the box score at this link. Wraps from MLB.com are here and here. Thursday's edition of The Philadelphia Inquirer reports that "Phillies win in 14th on Howard's homer." And Thursday's edition of The Washington Post contains an article headlined "Nats Let One Slip Away; Howard's Homer in 14th Sinks Washington: Phillies 7, Nationals 5."
Posted at 01:02 AM by Howard Bashman







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