How Appealing

Tuesday, July 29, 2008

"Court to review abortion ruling; Ban on partial-birth procedure, voided in May, to get 2nd look": This article appears today in The Washington Times.
Posted at 11:58 PM by Howard Bashman


"Movie on al Qaeda unveiled at tribunal; The Pentagon premiered a controversial, gory movie at a war crimes tribunal showing al Qaeda's mayhem": Carol Rosenberg has this article today in The Miami Herald. She also has a news update headlined "Prosecution nearly done in bin Laden's driver's case."

Today in The Los Angeles Times, Carol J. Williams reports that "Guantanamo jurors shown graphic film on Al Qaeda; A lawyer for Salim Ahmed Hamdan objects to some of the footage, calling it 'extraordinarily prejudicial.'"

The New York Times reports that "In Detainee Trial, System Is Tested."

And The Washington Post reports that "Work for Bin Laden Is Said to Predate War; Former Driver on Trial at Guantanamo."
Posted at 11:55 PM by Howard Bashman



"Who's a journalist? The proposed federal law to protect reporters and their sources draws a tenuous line between bloggers and professionals." Scott Gant had this op-ed yesterday in The Los Angeles Times.
Posted at 11:48 PM by Howard Bashman


"Opponents of gay marriage say they'll sue over changed wording in Proposition 8; After a tweak by the state attorney general's office, the initiative now seeks to 'eliminate the right' of same-sex couples to marry, wording that the measure's proponents say could prejudice voters": This article appears today in The Los Angeles Times.
Posted at 11:45 PM by Howard Bashman


"Bush Approves Execution Of Soldier for Murders": The Washington Post contains this article today.
Posted at 11:38 PM by Howard Bashman


"Internal Justice Dept. Report Cites Illegal Hiring Practices": This front page article appears today in The Washington Post. The newspaper also contains an editorial entitled "Justice Besmirched: How the Bush administration soiled itself." And Jamie Gorelick has an op-ed entitled "Another Blow To Justice."

The New York Times today contains an article headlined "Report Faults Aides in Hiring at Justice Dept." The newspaper also contains an editorial entitled "There Was Smoke -- and Fire."

The Los Angeles Times reports that "Sexuality bias seen at Justice Department; An internal report says alleged homosexuality was used as a litmus test in hiring and firing; Margaret Chiara, a former U.S. attorney, now thinks a false rumor cost her her job."

The Washington Times contains an article headlined "Report finds politics in hiring; Senate panel to investigate."

Joe Palazzolo of Legal Times has an article headlined "Report: Ex-DOJ Officials Improperly Politicized Hiring, Broke Law; Report finds political hiring was most pronounced in the case of immigration judges."

You can access the report, titled "An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General," by clicking here.
Posted at 11:32 PM by Howard Bashman



"A Torture Paper Trail": Columnist Eugene Robinson has this op-ed today in The Washington Post.
Posted at 11:08 PM by Howard Bashman


"Panel Hears of Inequities in Death Penalty; Unabomber's Brother Is Among Witnesses Before Md. Commission": The Washington Post contains this article today.

And The Baltimore Sun reports today that "First death penalty hearing held; Md. panel listens to evidence on disparities."
Posted at 11:02 PM by Howard Bashman



"D.C. Is Sued Again Over Handgun Rules": This article appears today in The Washington Post.

And The Washington Times reports today that "Heller, others challenge semi-automatic ban; Plaintiffs call D.C. definition too vague, unfair to residents."
Posted at 10:54 PM by Howard Bashman



When a lawsuit filed against multiple defendants in state court is capable of being removed to federal court, does the time for removal begin to run when the first defendant receives service of process or when the last defendant receives service of process? Addressing a question of first impression that had already produced a circuit split among other federal appellate courts, today a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit held, in a decision you can access here, that the time for removal does not begin to run until the last defendant receives service of process.
Posted at 10:34 PM by Howard Bashman


Dan Levine covers the Ninth Circuit's Judicial Conference, now underway in Sun Valley, Idaho, at The Recorder's "Legal Pad" blog: Thus far, Dan has posts titled "Where Kozinski Goes, So Goes Security"; "The Elephant In The Room"; "Idaho: Have A Little SCOTUS With Your Meth"; and "Things to Do in Idaho: Ninth Circuit Shindig."

Dan's coverage also includes photos of important people.

In other coverage, Pamela A. MacLean ofThe National Law Journal reports that "Kozinski, Facing Disciplinary Inquiry, to Keep Low Profile at Conference." Pam writes, "Adding to the prickly situation, Beverly Hills attorney Cyrus Sanai, a Kozinski critic and the one who accessed and leaked the Kozinski Web site, obtained press credentials from the LA Weekly to cover the event."
Posted at 10:18 PM by Howard Bashman



A look at Law Professor Barack Obama: The New York Times on Wednesday will contain an article headlined "As a Professor, Obama Enthralled Students and Puzzled Faculty."
Posted at 08:54 PM by Howard Bashman


"Ruling clears way to begin Tiller trial": Today's edition of The Wichita Eagle contains an article that begins, "George Tiller will learn today when he'll be scheduled for trial, after a judge ruled Monday that prosecutors can proceed with 19 misdemeanor charges against the Wichita abortion provider."

And The Associated Press reports that "Judge upholds abortion law."

You can access yesterday's Kansas state trial court ruling at this link.
Posted at 08:47 PM by Howard Bashman



"Colorado puts brakes on license plate abbreviations": The Rocky Mountain News on Monday contained an article reporting that "WTF" "has been added to a lengthy list of 261 three-letter combinations that the state considers verboten on the standard-issue six-character plate."

At least in Pennsylvania, it's still possible for an appellate law blogger to randomly have a license plate that begins with "FJC."
Posted at 08:30 PM by Howard Bashman



"E-access to court files 'inevitable,' lawyer says": Yesterday's edition of The Edmonton Journal contained an article that begins, "The judges on the Supreme Court of Canada will decide this fall whether to post court documents online, the culmination of years of debate on whether throwing open the electronic doors threatens privacy rights in an era of Internet stalkers and identity thieves."
Posted at 08:24 PM by Howard Bashman


"Federal officials try to block Texas execution to allow review of case": Monday's edition of The Dallas Morning News contained an article that begins, "Fourteen years and numerous judicial reviews have passed since Jose Medellin was sentenced to die after confessing to the brutal gang rape and murder of two teenage girls in Houston. That's long enough, state officials say. It's time to carry out the sentence. But defense attorneys, and an unusual coalition of federal officials, including no less than the attorney general and secretary of state, say if his Aug. 5 execution is not stayed, so Mr. Medellin's case can be reviewed one more time at the behest of the International Court of Justice, Texas will be rushing to judgment and endangering Americans abroad."
Posted at 08:17 PM by Howard Bashman


"Local officials fight pact with MILF in Court": This article, about an agreement involving the Moro Islamic Liberation Front, appears in Wednesday's edition of The Manila Times.
Posted at 08:14 PM by Howard Bashman


Third Circuit rejects Pennsylvania state prison inmates' claims arising from the Department of Corrections' confiscation of materials that could be used to file bogus liens against judges, prosecutors, and other government officials: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. The opinion was issued per curiam, lest anyone consider filing a bogus lien against the author of today's ruling.
Posted at 07:47 PM by Howard Bashman


"Judge: Erie collar-bomb suspect not competent." The Associated Press provides this report.

And The Erie Times-News has an update headlined "Diehl-Armstrong found incompetent in Wells case."
Posted at 06:14 PM by Howard Bashman



"Supremely Screwed Up: A do-over for the High Court?" In the August 4, 2008 issue of The Weekly Standard, Terry Eastland has an essay that begins, "The Supreme Court ended its term this year by making a mistake in one of its most controversial cases--the case in which it held unconstitutional a Louisiana law authorizing capital punishment for the rape of a child under 12 years of age."
Posted at 03:25 PM by Howard Bashman


"Court ruling on Whole Foods-Wild Oats deal reversed": Reuters provides a report that begins, "A U.S. appeals court reversed on Tuesday a lower court decision that allowed Whole Foods Market Inc's purchase of rival Wild Oats Markets Inc to proceed over the objections of antitrust authorities."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. Circuit Judge Janice Rogers Brown wrote the majority opinion, in which Circuit Judge David S. Tatel joined. Judge Tatel also issued a concurring opinion. Circuit Judge Brett M. Kavanaugh issued a dissenting opinion and would have allowed implementation of the merger.
Posted at 11:48 AM by Howard Bashman



"The Fiction Behind Torture Policy: The lawyers designing interrogation techniques cited Jack Bauer more frequently than the Constitution." Dahlia Lithwick has this essay in the August 4, 2008 issue of Newsweek.

And online at Slate, she has an essay titled "Horror Stories: The best new reads about law and the war on terror." Thanks for the prominent mention of "How Appealing," Dahlia!
Posted at 08:34 AM by Howard Bashman



"The Becker-Posner Blog" on "Compelled Disclosure of Food Characteristics": Judge Posner's take is here, while Professor Becker comments at this link.

In his post, Judge Posner writes, "As Becker has emphasized in academic work, the choice of an addictive life style may be freely chosen and the life style itself may be socially productive and personally satisfying; Becker and I, for example, are addicted to work."
Posted at 08:30 AM by Howard Bashman



Available online from law.com: Joe Palazzolo reports that "Disabilities Law Covers Sex Disorders, D.C. Circuit Rules; Federal workers are covered under 1973 Rehabilitation Act." My earlier coverage of the D.C. Circuit's ruling appears at this link.

In other news, "Pro Bono Lawyers Make Case to O'Connor in Religious Speech Suit."

And an article reports that "Gibson Dunn Will Fight Court's $13.4 Million Reversal in Crash Case."
Posted at 08:20 AM by Howard Bashman



"Caperton petitions U.S. Supreme Court; Verdict's overturn has national implications, says former U.S. solicitor general": Early this month. The Charleston (W. Va.) Gazette published an article that begins, "West Virginia coal operator Hugh M. Caperton and Harman Mining, his company that was forced into bankruptcy, petitioned the U.S. Supreme Court on Wednesday afternoon to accept its appeal of a West Virginia Supreme Court ruling. Caperton and Harman are challenging two state Supreme Court actions that overturned a $50 million Boone County jury verdict, now worth $76.3 million, against A.T. Massey Coal Co. for hijacking a coal supply contract Harman had to deliver coal to LTV steel mills in Pittsburgh. The 'appearance of bias' by Justice Brent Benjamin, the petition argues, has national implications that could affect supreme courts in 39 states that elect judges. Don Blankenship, who headed A.T. Massey (later renamed Massey Energy), spent more than $3 million of his own money to buy television advertisements and other commercials promoting Benjamin's 2004 campaign against incumbent Justice Warren McGraw. Caperton's lawyer, Theodore B. Olson, was U.S. solicitor general from 2001 to 2004 and has represented Presidents Ronald Reagan and George W. Bush personally."

And The Associated Press reported early this month that "Massey case appealed to US Supreme Court."

Yesterday afternoon, as The West Virginia Record reports in an article headlined "Benjamin concurs, but does so much more," Justice Brent D. Benjamin of the Supreme Court of Appeals of West Virginia issued this lengthy and remarkable concurring opinion in the case directly addressing the accusations of bias being raised against him.
Posted at 08:14 AM by Howard Bashman



"Special-interest lobbies pour cash into judicial races": Yesterday's edition of The Chicago Tribune contained this article.
Posted at 08:05 AM by Howard Bashman






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