How Appealing

Tuesday, August 1, 2006

"U.S. Wins Access to Reporter Phone Records": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 10:44 PM by Howard Bashman

Available online from An article reports that "2nd Circuit Rules New York Times Reporters' Phone Records Not Protected."

In other news, "N.Y. Panel Disbars Attorney for Forging Judge's Name."

The National Law Journal this week contains an article headlined "One Small Typo, Lots of Lawsuits; An error in the Deficit Reduction Act spurs suits on filing fees, Medicare."

In other news, "Law Firms' Trademark Dispute Over 'Foley' Name Is Put on Hold."

And Carla J. Rozycki and David K. Haase have an essay entitled "Supreme Court Eases Standard for Title VII Retaliation Claims."
Posted at 10:42 PM by Howard Bashman

"Government: Detainee cases must start over." Lyle Denniston has this post at "SCOTUSblog" about a supplemental brief that the federal government filed today in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 08:52 PM by Howard Bashman

"The Hidden Function of Honoraria": At "The Volokh Conspiracy," Eugene Volokh has a post that likely will resonate with the spouses of many who receive out-of-town speaking invitations.
Posted at 08:50 PM by Howard Bashman

"Another extraordinary magnum opus from Judge Young": At his "Sentencing Law and Policy" blog, Doug Berman has this post about today's must-read opinion from U.S. District Judge William G. Young of the District of Massachusetts.
Posted at 05:45 PM by Howard Bashman

"'Don't Date Him Girl' Lawsuit Update": Jeralyn Merritt has this post today at "TalkLeft."
Posted at 04:54 PM by Howard Bashman

"If Court Splits, State's 9th Circuit Judges Will Still Face Heavy Load": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 04:40 PM by Howard Bashman

"Ninth Circuit precedent for judicial reliance on legal weblogs": Kimberly A. Kralowec has this post today at "The UCL Practitioner" blog.

And's "Legal Blog Watch" blog offers a related post titled "Blogs as an Amicus Brief in Action."
Posted at 04:15 PM by Howard Bashman

"Court OK's Look at Times' Phone Records": The Associated Press provides this report.
Posted at 03:45 PM by Howard Bashman

Ninth Circuit rejects challenge to the constitutionality of Religious Land Use and Institutionalized Persons Act of 2000's individual land use assessments provision: The denial of a conditional use permit sought by a non-profit organization dedicated to fostering the teachings and practices of the Sikh religion, in order to construct a temple, on a parcel of land zoned "agricultural" gives rise to today's ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 03:14 PM by Howard Bashman

Divided three-judge Second Circuit panel reverses summary judgment in favor of The New York Times on the newspaper's request for a declaratory judgment holding that phone records of its reporters in the hands of third party telephone providers are shielded from a grand jury subpoena by reporter's privileges protecting the identity of confidential sources arising out of both the common law and the First Amendment: You can access today's majority opinion in The New York Times Co. v. Gonzales at this link, while the dissenting opinion is here.

The majority opinion begins: "After the attacks on the World Trade Center and the Pentagon on September 11, 2001, the federal government launched or intensified investigations into the funding of terrorist activities by organizations raising money in the United States. In the course of those investigations, the government developed a plan to freeze the assets and/or search the premises of two foundations. Two New York Times reporters learned of these plans, and, on the eve of each of the government's actions, called each foundation for comment on the upcoming government freeze and/or searches."
Posted at 03:00 PM by Howard Bashman

"Bench-Clearing Brawl: Judges need to join the fight to save the courts." Bert Brandenburg recently had this essay online at Slate.
Posted at 02:45 PM by Howard Bashman

You can view live, online today's Senate Judiciary Committee hearing for D.C. Circuit nominee Peter D. Keisler: You can access the committee's video feed by clicking here (RealPlayer required). The hearing's agenda is here.
Posted at 02:30 PM by Howard Bashman

"Ninth Circuit Denies Review of Ruling on Anti-Gay Shirt": Metropolitan News-Enterprise provides this report today.
Posted at 12:28 PM by Howard Bashman

At 2 p.m. eastern time today, the Senate Judiciary Committee will hold a confirmation hearing on the nomination of Peter D. Keisler to be United States Circuit Judge for the District of Columbia Circuit: The organization Alliance for Justice yesterday issued a "Preliminary Report on Nomination of Peter D. Keisler to D.C. Circuit."

Last Thursday, all eight Democratic Senators on the Judiciary Committee sent a letter to the committee's chairman asking that today's confirmation hearing be postponed. And the Alliance for Justice, People For the American Way, and various other organizations sent a similar letter yesterday.

Update: By the way, the American Bar Association panel that rates judicial nominees has given this nominee a unanimous "well qualified" rating, the most favorable rating available.
Posted at 11:08 AM by Howard Bashman

"Abortion under siege in Mississippi: Preaching that abortion is as evil as Islam, Nazism and homosexuality, dozens of activists have descended on Jackson, determined to shut down the state's last abortion clinic." Michelle Goldberg has this essay online today at
Posted at 10:58 AM by Howard Bashman

"Panel says lawyer unqualified to be judge; Jackson man nominated for appeals post praised for integrity, criticized for civil rights record": This article appears today in The Clarion-Ledger of Jackson, Mississippi.

And The New York Daily News reports today that "W court pick called a foe of civil rights."

The written testimony of the American Bar Association pertaining to Fifth Circuit nominee Michael B. Wallace can be accessed at this link. Wallace received a unanimous "not-qualified" rating from the ABA panel that evaluates judicial nominees. At National Review Online's "Bench Memos" blog, Ed Whelan offers extensive commentary about the ABA's written testimony (Ed's most recent post on the topic appears here).
Posted at 10:25 AM by Howard Bashman

"Questions give hints in DeLay appeal; 2 judges seem to be leaning to Democrats' stance of not changing ballot": The Houston Chronicle contains this article today.
Posted at 10:18 AM by Howard Bashman

"High court reinstates Fieger reprimand for comments; Lawyer's remarks likening justices to Nazis not protected speech, justices say; appeal likely": This article appears today in The Detroit News.

The Detroit Free Press reports today that "Justices say Fieger spoke wrongly; Vulgarity wasn't allowable, high court rules."

And The Associated Press reports that "Mich. Supreme Court Reprimands Lawyer."

You can access at this link yesterday's 4-3 ruling of the Supreme Court of Michigan.
Posted at 10:14 AM by Howard Bashman

"Keep a Virginian on the bench": Today in The Roanoke Times, Law Professor Carl Tobias has an op-ed which explains that "North Carolina's Sens. Elizabeth Dole and Robert Burr have written Bush urging him to replace Luttig with a jurist from North Carolina."
Posted at 09:57 AM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Administration Appeals Spy Suit Ruling" and "Execution Doctor Defends Record."
Posted at 09:54 AM by Howard Bashman

"Charm Offensive: So far, the new chief justice of the U.S. Supreme Court has gotten raves-from the public, the media, and his own peers." Dahlia Lithwick has this essay in the August 2006 issue of The American Lawyer.
Posted at 09:52 AM by Howard Bashman

"Rehearing on T-shirt is denied": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Five conservative federal appeals court judges accused their colleagues of promoting censorship Monday after the court refused to reconsider an appeal by a Southern California student barred by his high school from wearing an anti-gay T-shirt to class."

My earlier coverage appears at this link.
Posted at 09:50 AM by Howard Bashman

"'Morning-after' pill reconsidered; FDA says it will take new look at ban on over-counter sales": This article appears today in The Chicago Tribune.

The New York Times reports today that "F.D.A. Shifts View on Morning-After Pill."

The Washington Post reports that "FDA to Reopen Discussions With Plan B Manufacturer."

The Los Angeles Times reports that "Plan B Pill May Be Approaching Wider Release; Over-the-counter sale of the 'morning-after' contraceptive hinges on adult-only access." And an editorial is entitled "New Dawn for Morning After Pill: At long last, the FDA caves to political pressure and signals interest in approving the Plan B pill."

In The New York Sun, Josh Gerstein reports that "Bush May Okay Morning After Pill Without Rx."

And USA Today reports that "'Morning after' pill closer to wider sales; FDA says it's reconsidering over-the-counter Plan B."
Posted at 07:28 AM by Howard Bashman

"Libby Suffered Memory Failure, Lawyers Say": Josh Gerstein has this article today in The New York Sun.
Posted at 07:21 AM by Howard Bashman

"Selective enforcement": The Chicago Tribune today contains an editorial that begins, "When Sen. John McCain (R-Ariz.) proposed a bill banning the 'cruel, inhuman or degrading treatment' of detainees in U.S. custody abroad, President Bush opposed it and Vice President Dick Cheney lobbied unsuccessfully to exempt the CIA."
Posted at 07:20 AM by Howard Bashman

"Federal Court Posts Online Nearly All Evidence From Moussaoui Trial": The Washington Post contains this article today.

And The Richmond Times-Dispatch reports today that "U.S. puts footage from Sept. 11 online."
Posted at 07:05 AM by Howard Bashman

"Evolution's Backers in Kansas Mount a Counterattack": This article appears today in The New York Times.

And The Washington Post reports today that "Election Could Flip Kan. Evolution Stance."
Posted at 06:58 AM by Howard Bashman

"U.S. judge throws out Minnesota video game law; Statute violates free speech, unsupported by research": The St. Paul Pioneer Press today contains an article that begins, "A federal judge on Monday shot down a Minnesota law that would fine youngsters who get their hands on the smuttiest, bloodiest and most violent video games."

And The Minneapolis Star Tribune reports today that "Judge voids new law on video games; The state failed to prove that violent games hurt children, the federal judge's ruling said."

My earlier coverage appears at this link.
Posted at 06:54 AM by Howard Bashman

"Authorship gets lost on Web; Some bloggers don't give credit where it's due": This article appears today in USA Today.
Posted at 06:50 AM by Howard Bashman

"Playing With Fire: The Administration's Draft Bill on Detainees Would Violate the Geneva Conventions and Thereby Put Americans at Risk." Michael C. Dorf has this essay online at FindLaw.
Posted at 06:45 AM by Howard Bashman

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