How Appealing

Tuesday, August 5, 2008

Fourth Circuit affirms entry of summary judgment in favor of Air America Radio on defamation case involving the notorious U.S.-run Abu Ghraib prison in Iraq: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:45 PM by Howard Bashman


"Trial could bring US closer to closing Guantanamo": The Associated Press provides a report that begins, "The war crimes trial of a driver for Osama bin Laden could bring the United States closer to its goal of closing the prison at Guantanamo Bay."
Posted at 10:55 PM by Howard Bashman


"No reprieve for Mexican-born killer in Texas": The Associated Press provides a report that begins, "The U.S. Supreme Court has denied Mexican-born condemned prisoner Jose Medellin's request for a reprieve."

The Houston Chronicle provides a news update headlined "Court denies Medellin's request for stay of execution."

And at "SCOTUSblog," Lyle Denniston has a post titled "Medellin execution allowed."

You can access this evening's 5-4 ruling of the U.S. Supreme Court at this link.
Posted at 10:45 PM by Howard Bashman



"Jurors deliberating in 1st Gitmo trial": The Associated Press provides a report that begins, "The military avoided a possible mistrial Tuesday in the first Guantanamo war crimes trial as prosecutors sparred with defense lawyers over instructions provided to jurors weighing the fate of Osama bin Laden's former driver."

You can view at this link the "findings worksheet" provided to the jury in that case.
Posted at 04:30 PM by Howard Bashman



Freedom From Religion Foundation lacks taxpayer standing to challenge the Department of Veterans Affairs' integration of pastoral care into the medical care that it provides to veterans and its use of chaplains for that purpose: The U.S. Court of Appeals for the Seventh Circuit issued this ruling today. Freedom From Religion had lost on the merits before the district court, which had granted summary judgment in favor of the VA.
Posted at 02:30 PM by Howard Bashman


"Court Rejects Temple's Sexual Harassment Policy": Shannon P. Duffy has this article today in The Legal Intelligencer.

The Philadelphia Bulletin reports today that "Court Nixes Temple Speech Restrictions."

And at Inside Higher Ed, Doug Lederman reports that "Court Strikes Down 'Overbroad' Harassment Policy."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 11:50 AM by Howard Bashman



"Death-row inmate Medellin doesn't get a reprieve from Texas pardons board": This article appears today in The Dallas Morning News.

The Fort Worth Star-Telegram reports today that "Parole board rejects Mexican inmate's last-minute reprieve request."

And The Houston Chronicle reports that "Medellin execution on after pleas fail; Mexican citizen is moved closer to death chamber despite objections."
Posted at 10:03 AM by Howard Bashman



"Prop. 8 not retroactive, Jerry Brown says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "If voters approve a November ballot measure banning same-sex marriages in California, thousands of gay and lesbian weddings conducted since the state Supreme Court legalized the unions on May 15 will probably remain valid, Attorney General Jerry Brown said Monday."
Posted at 10:00 AM by Howard Bashman


"Flunky or war criminal? Military jury to decide; A military jury has started deliberating in Osama bin Laden's driver's war crimes trial." Carol Rosenberg has this article today in The Miami Herald. She also has a news update headlined "Deliberations resume in driver's war trial."

Today in The Los Angeles Times, Carol J. Williams reports that "Guantanamo case of Bin Laden driver Hamdan goes to military jury; In closing arguments at Guantanamo Bay, a defense attorney says secret testimony showed that Salim Ahmed Hamdan had offered to help U.S. forces, but that the opportunity had been 'squandered.'"

The New York Times reports that "Lawyer Suggests Detainee Aided U.S. in Afghanistan."

The Washington Post reports that "Case Against Bin Laden's Driver Goes to the Jury."

And USA Today reports that "First military commission doesn't end fairness debate."
Posted at 09:55 AM by Howard Bashman



"Enron setbacks could hurt other white-collar prosecutions": Marisa Taylor of McClatchy Newspapers has this article.
Posted at 09:47 AM by Howard Bashman


"House Democrats Seek Less-Rigid D.C. Gun Laws; Proposal Set for Vote Would Allow Semiautomatics and Change Storage, Registration Rules": This article appears today in The Washington Post.
Posted at 09:45 AM by Howard Bashman


Available online from law.com: An article reports that "Religious Slurs May Amount to Hostile Workplace, N.J. High Court Says." My earlier coverage of the ruling appears at this link.

Amaris Elliott-Engel of The Legal Intelligencer reports that "Justices OK Juror Challenges Involving Prosecutor From Controversial Training Tape." Last month's ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a dissenting opinion.

In other news, "U.S. Prosecutors Feel the Heat, Want Protection; Group presses for home alarms, secure parking and the right to arm."

And Bruce A. Campbell has an essay entitled "A Primer on What Lawyers Can Say About Judges."
Posted at 09:38 AM by Howard Bashman



"U.S. May Have Taped Visits to Detainees; Foreign Countries Sent Interrogators": The Washington Post today contains a front page article that begins, "The Bush administration informed all foreign intelligence and law enforcement teams visiting their citizens held at Guantanamo Bay that video and sound from their interrogation sessions would be recorded, according to documents obtained by The Washington Post. The policy suggests that the United States could possess hundreds or thousands of hours of secret taped conversations between detainees and representatives from nearly three dozen countries."
Posted at 09:30 AM by Howard Bashman


"Home Depot case revived by court; Two-edged ruling: Backdated stock options caused price to deflate, retirees' lawsuit claims." The Atlanta Journal-Constitution contains this article today.

You can access last week's Eleventh Circuit ruling at this link.
Posted at 09:28 AM by Howard Bashman



"A Ruling May Pave the Way for Broader Use of DVR": This article appears today in The New York Times.

USA Today reports today that "Cablevision's remote-storage DVR clears hurdle; Court says server does same thing as hard drive."

The Wall Street Journal reports that "Cablevision Wins Appeal On RS-DVR" (subscription or direct access via Google News required).

And law.com reports that "2nd Circuit Backs Cablevision's Remote Recorder Against Programmers' Lawsuit."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 09:15 AM by Howard Bashman



State of Colorado announces it won't seek U.S. Supreme Court review of Tenth Circuit ruling that struck down that State's refusal to provide scholarships to students who attend Colorado colleges deemed "pervasively sectarian": You can access the announcement at this link.

My earlier coverage of the Tenth Circuit's ruling appears here and here.
Posted at 08:45 AM by Howard Bashman



"Panel criticizes Wecht judge": Today in The Pittsburgh Tribune-Review, Jason Cato has an article that begins, "A federal appeals panel on Monday criticized a Pittsburgh judge for the way he ended Dr. Cyril H. Wecht's public corruption trial."

And The Pittsburgh Post-Gazette reports today that "Judges hear Wecht oppose retrial; Defense argues trial judge erred; prosecutor disagrees."
Posted at 08:40 AM by Howard Bashman



"Philippines' peace accord blocked; The Supreme Court prevented the signing of a territorial accord between the state and MILF, a rebel group, Monday; Opponents had called the deal unconstitutional": This article appears today in The Christian Science Monitor.

And The Manila Times reports today that "SC stops signing of pact; Protests against MILF state to continue today."
Posted at 08:33 AM by Howard Bashman



"A Federal Appeals Court Invalidates the Federal Communications Commission's Massive Fine for the 'Nipplegate' Super Bowl Incident: The Decision and Its Implications." Julie Hilden has this essay online at FindLaw.
Posted at 08:30 AM by Howard Bashman






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