How Appealing

Saturday, August 25, 2007

See you in September! Since this blog began in May 2002, I have spent the final week in August each year on vacation. And this year will be no different. New posts will next appear here on Sunday, September 2nd. In the interim, you may find me here, here, here, here, here, here, or here.
Posted at 11:50 PM by Howard Bashman


"Petitioners' Briefs Filed in Detainee Cases": Yesterday evening, "SCOTUSblog" published a post that begins, "Lawyers for detainees at Guantanamo Bay filed merits briefs today in Boumediene v. Bush (06-1195) and Al Odah v. United States (06-1196)." You can view those briefs and related amicus briefs both at that post and also via this link.
Posted at 11:40 PM by Howard Bashman


"Fieger indicted: Illegal donations to Edwards alleged; Lawyer denies charges that include conspiracy, obstruction of justice." This article appears today in The Detroit News, along with articles headlined "Flashy lawyer in spotlight again; From Kevorkian to 'Jenny Jones' cases and his own political battles, Fieger stirs controversy" and "Fieger's troubles may hurt Edwards; Though officials say candidate had no role in the case, charges could damage message." The newspaper also posted online this statement from attorney Geoffrey Fieger and the criminal indictment itself.

And The Detroit Free Press today contains an article headlined "U.S. vs. Fieger: He's accused of illegal political donations; Attorney says he's victim of witch hunt." In addition, columnist Brian Dickerson has an op-ed entitled "Fieger's pumped, ready for showdown."
Posted at 11:37 PM by Howard Bashman



Available online from law.com: Shannon P. Duffy reports that "3rd Circuit Slashes Punitive Damages Award; Case involves occupational therapy firm's tortious interference claims against a nursing home management company." My earlier coverage of Thursday's Third Circuit ruling appears at this link.

And in other news, "2nd Circuit Rules on Latest Post-'Booker' Issue; Federal appeals court finds notice not required in violation of release conditions." You can access the ruling at this link.
Posted at 08:47 PM by Howard Bashman



"$2 billion refund back in play; FERC must revisit state energy crisis, appeals court rules": This article appears today in The Sacramento Bee.

Today in The San Francisco Chronicle, Bob Egelko reports that "Ninth Circuit Court revives California bid for electricity refunds."

Bloomberg News reports that "U.S. Must Reconsider Denial of Energy Crisis Refunds."

And Reuters reports that "Californians could get $1.3 billion in energy ruling."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:37 PM by Howard Bashman



"In an unusual move, federal judge seeks spot on state court": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:28 PM by Howard Bashman


"In Court Ruling, Noriega Is Cleared for Extradition to France": This article appears today in The New York Times.

Today in The Miami Herald, Jay Weaver has an article headlined "Noriega extradition hearing can proceed; Former Panamanian dictator Manuel Noriega, who is being released from a Miami-area prison next month, may soon be on his way to France to face money-laundering charges."

And The Los Angeles Times reports that "Noriega is cleared for extradition; The former Panamanian dictator can be sent to France once he leaves U.S. prison, a federal judge rules."
Posted at 08:17 PM by Howard Bashman



"Military Says It Can Repair Guantanamo Trial Defects": The New York Times today contains an article that begins, "In an effort to revive the war crimes trials at Guantanamo, military prosecutors argued on Friday in a special appeals court that defects in their cases identified by two military judges in June could be repaired and that the prosecutions could proceed."

The Toronto Star reports today that "Khadr case goes to new U.S. review commission."

McClatchy Newspapers report that "U.S. urges military appeals court to let detainee's case proceed."

And today's broadcast of NPR's "Weekend Edition Saturday" contained an audio segment entitled "Detainee Appeals Court Hears First Case" (RealPlayer required).
Posted at 08:11 PM by Howard Bashman



"Justice for an 'Enemy Combatant': The case of a legal U.S. resident held without charge returns to federal court." The Washington Post today contains an editorial that begins, "The decision by the full U.S. Court of Appeals for the 4th Circuit on Wednesday to rehear the case of alleged enemy combatant Ali Saleh Kahlah al-Marri does not bode well for those the Bush administration has detained in the war on terrorism."
Posted at 08:03 PM by Howard Bashman


"No rehearing in Summum case": The Deseret Morning News today contains an article that begins, "The 10th Circuit Court of Appeals in Denver has denied a request for a larger rehearing on the issue of the Summum religious group's ability to erect a display next to displays of the Ten Commandments in the city parks of Duchesne and Pleasant Grove. In a published opinion issued Friday evening, 10th Circuit judges were split 6-to-6 on whether to grant requests by Duchesne and Pleasant Grove cities to have all 12 of the 10th Circuit judges rehear the case."

And The Salt Lake Tribune reports today that "Summum prevails in appeals court; Judges decline to reconsider decision backing display of Seven Aphorisms."

My earlier coverage of yesterday's Tenth Circuit order appears at this link.
Posted at 07:55 PM by Howard Bashman



"Spying Program May Be Tested by Terror Case": Adam Liptak will have this article Sunday in The New York Times.
Posted at 07:44 PM by Howard Bashman


"This case concerns the reasonable expectation of privacy associated with password-protected computers." So began an opinion that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued on April 25, 2007. My earlier coverage of that ruling appears here. On Friday, the Tenth Circuit issued an order denying rehearing en banc in the case. The order notes that four judges had voted to grant rehearing en banc. Attached to the order is the divided three-judge panel's original decision.
Posted at 12:30 AM by Howard Bashman


"Appeals court won't review ruling on Summum faith's display of Seven Aphorisms in park": The Salt Lake Tribune provides a news update that begins, "The 10th U.S. Circuit Court of Appeals today declined to reconsider earlier decisions that said parks are public forums and followers of the Summum faith have a right to display their Seven Aphorisms next to the Ten Commandments. In a rare occurrence, the full court split 6-6 on whether to agree to requests by Pleasant Grove and Duchesne to rehear their appeals concerning Summum's right to erect its own monument in public parks. The tie vote lets stand rulings by a three-judge panel in favor of the Salt Lake City-based religious organization."

Accompanying Friday's order of the U.S. Court of Appeals for the Tenth Circuit denying rehearing en banc by an equally divided vote are two dissenting opinions, one concurring opinion, and the panel's original rulings from April 2007.
Posted at 12:24 AM by Howard Bashman



Friday, August 24, 2007

"Judges asked to order the return of O.C. men's pot; The medical marijuana users ask the state appellate court to order the return of the drug that doctors recommend they use for pain": The Los Angeles Times contains this article today.
Posted at 10:55 PM by Howard Bashman


"Role of Telecom Firms in Wiretaps Is Confirmed": This article appears today in The New York Times.

And The Los Angeles Times reports today that "Spy chief's disclosures stun Congress; McConnell is criticized for offering once-classified details about the wiretapping program in an interview."

You can access the interview transcript at this link.
Posted at 10:25 PM by Howard Bashman



"Prosecutors Push to Resume War Crimes Trials": The New York Times provides this news update.
Posted at 08:57 PM by Howard Bashman


Bob Egelko is reporting: In today's edition of The San Francisco Chronicle, he has an article headlined "Lawyer: Spy boss undercuts security case by confirming AT&T role."

And this afternoon, he has a news update headlined "Federal judge looking to move onto state appeals bench" that begins, "U.S. District Judge Martin Jenkins, whose current docket includes major cases on sex discrimination and global warming, said Friday that he has applied to Gov. Arnold Schwarzenegger for a vacant position on the state appeals court in San Francisco. Jenkins, a former state trial judge in Oakland and a federal judge in San Francisco since 1997, verified a report by the National Law Journal that he has submitted an application for appointment to the First District Court of Appeal. He declined further comment."
Posted at 08:40 PM by Howard Bashman



"N.J. Top Court to Decide Scope of Protection for Sports Spectators": law.com provides this report.
Posted at 08:33 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "New Appeals Court Mulls 'Enemy Combatant' Labels" and "Ex-Dictator Noriega In Limbo as Release Looms."
Posted at 08:27 PM by Howard Bashman


"Judge won't block Noriega's extradition": Jay Weaver of The Miami Herald provides a news update that begins, "A federal judge Friday denied former Panamanian dictator Manuel Noriega's request to halt his extradition to France on money-laundering charges related to his drug conviction in Miami. U.S. District Judge William Hoeveler rejected the former general's argument that because the judge had designated him as a prisoner of war after his sentencing in 1992, he was entitled to be returned to Panama under the Geneva Convention."

And The Associated Press reports that "Judge Won't Halt Noriega Extradition."

You can access today's ruling of the U.S. District Court for the Southern District of Florida at this link.
Posted at 05:32 PM by Howard Bashman



"Phone call fateful in Padilla conviction; Jurors in Jose Padilla's terrorism trial saw him as a bit player in a South Florida conspiracy to support jihad abroad, but convicted him based on a single phone call": This article appears today in The Miami Herald.
Posted at 05:28 PM by Howard Bashman


"Fieger, law partner indicted in campaign case; Former Fieger attorney says: 'It's going to be the battle of the titans.'" The Detroit News provides an update that begins, "A federal grand jury has indicted Southfield attorney Geoffrey Fieger and his law partner Vernon (Ven) Johnson of conspiring to make illegal campaign contributions to presidential candidate John Edwards' 2004 campaign. The indictment was unsealed today in U.S. District Court in Detroit. A grand jury, which works in secret, had returned it under seal on Tuesday, officials said. The 30-page, 10-count indictment charges Fieger with conspiracy, obstruction of justice, making illegal campaign contributions and causing false statements."

The Detroit Free Press provides a news update headlined "Fieger, partner indicted on campaign finance charges."

And The Associated Press reports that "Ex-Kevorkian Atty Charged Over Donations."

You can access the indictment, unsealed today, at this link.
Posted at 03:25 PM by Howard Bashman



"White House Defends US Terror Tribunals": The Associated Press provides a report that begins, "The Bush administration argued Friday that discrepancies between the nation's new terror law and the way it is being carried out should not stall one of the Pentagon's first terrorism trials. Arguing before the newly formed U.S. Court of Military Commission Review, government attorneys urged judges to look beyond the letter of the law when deciding whether the military undermined its terrorism tribunals at Guantanamo Bay."
Posted at 01:54 PM by Howard Bashman


"Judge to rule Monday on Missouri abortion law": The Kansas City Star today contains an article that begins, "A federal judge announced Thursday that he will decide by 5 p.m. Monday whether to delay enforcement of a new Missouri law regulating abortion clinics."

And The Associated Press reports that "Planned Parenthood Seeks to Halt Mo. Law."
Posted at 10:20 AM by Howard Bashman



"Schlozman Leaves Justice Dept. Amid Questions": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:00 AM by Howard Bashman


Thursday, August 23, 2007

"Suit over Fulton strip searches can go forward; Seven former jail detainees may sue; court requires reasonable cause for such searches": Bill Rankin of The Atlanta Journal-Constitution provides this news update about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:54 PM by Howard Bashman


"The broader question this argument presents is whether, and if so when, a panel of this Court may vary from a specific holding of an earlier one based on the reasoning the Supreme Court used to reach a later decision on a different issue." Eleventh Circuit Judge Ed Carnes issued a very interesting concurring opinion today addressing that question.
Posted at 11:50 PM by Howard Bashman


"Before us are cross-appeals arising from the reduction of a $30 million punitive damages verdict to $2 million." So states the opinion that the majority on a divided three-judge Third Circuit panel issued today. The majority further reduced the punitive damages award to $750,000, while the dissent laments the difficulty in discerning the "spirit" of an appellate court's mandate.
Posted at 11:35 PM by Howard Bashman


"Source: Vick will not admit to killing dogs or gambling on dog fights." ESPN.com provides this news update.
Posted at 11:30 PM by Howard Bashman


"[A]s a matter of first impression, we must decide whether, or under what circumstances, appellate attorney's fees are 'costs on appeal' that a district court may require an appellant to secure in a bond ordered under Federal Rule of Appellate Procedure 7": A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision today.

The decision also addresses whether a district court may include in a Rule 7 bond appellate attorney's fees that might be awarded by the court of appeals if that court holds that the appeal is frivolous under Federal Rule of Appellate Procedure 38.
Posted at 11:10 PM by Howard Bashman



"Federal Circuit Will Change Its Web Page Address and Domain Name Effective October 1, 2007": The old web site provides the details here, while the new web site is not yet up and running.
Posted at 10:58 PM by Howard Bashman


Three-judge Eighth Circuit panel affirms federal district court's rejection of claims that that Missouri law violates the Equal Protection Clause; Title II of the Americans with Disabilities Act of 1990; and section 504 of the Rehabilitation Act of 1973 by disqualifying persons under court-ordered guardianship from voting: You can access today's ruling at this link.
Posted at 10:55 PM by Howard Bashman


Second Circuit affirms criminal conviction under federal Wild Bird Conservation Act of 1992 for illegally importing black sparrowhawks: You can access today's ruling at this link.
Posted at 08:47 PM by Howard Bashman


"We hold that the actual-malice standard applies to Compuware's breach of contract claim because the contract pertains solely to the publication of protected speech, the claim exclusively relies on arguments grounded in negligence and vague implied contractual duties, and the plaintiff has not suffered a contractual injury but complains only of reputational or defamation-type harm." A lawsuit that plaintiff Compuware Corporation filed against defendant Moody's Investors Services Inc. produced this interesting ruling today by a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit. The dissenting opinion begins, "The extension of First Amendment tort law principles to contract cases is unwarranted and entirely unprecedented, except for a lone bankruptcy court case."
Posted at 08:20 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Court Clears Way for Whole Foods Merger" and "Court to Rehear Enemy Combatant Case."
Posted at 07:47 PM by Howard Bashman


"Killer's Voluntary Death Sentence Upheld": In news from Kentucky, The Associated Press reports that "The state Supreme Court on Thursday unanimously upheld the death sentence of a convicted child murderer who wants to be put to death."

You can access today's ruling of the Supreme Court of Kentucky at this link.
Posted at 07:44 PM by Howard Bashman



"Nacchio remains free pending appeal; Former Qwest CEO wins ruling to remain free pending appeal": This article appears today in The Denver Post.

The Rocky Mountain News reports today that "Unfettered Nacchio is a free man for now."

And The Associated Press provides a report headlined "Court: Nacchio Can Remain Free on Bond."
Posted at 07:35 PM by Howard Bashman



"Padilla sues US officials over confinement; Despite his conviction on terror conspiracy charges, his lawyers say he suffered 'psychological abuse' during military detention": Warren Richey will have this article Friday in The Christian Science Monitor.

And online at Reason, Jacob Sullum has essays entitled "The Disappearing Dirty Bomber: Jose Padilla's trial was not so swift, and neither was he" and "The Terrorist Trainee, the Terrorist's Lawyer, and the Pizza Guy."
Posted at 06:54 PM by Howard Bashman



"Viewing Child Porn on Computer Enough For Possession": The Legal Intelligencer provides this news update reporting on a ruling that a divided en banc panel of the Superior Court of Pennsylvania issued today in Commonwealth v. Diodoro.

The original three-judge panel ruling in the Diodoro case was a subject of the December 4, 2006 installment -- headlined "Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?" -- of my "On Appeal" column for law.com.
Posted at 06:35 PM by Howard Bashman



Programming note: A busy day out of the office (my son and I will be heading here momentarily) means that new posts won't appear until sometime later today.
Posted at 10:02 AM by Howard Bashman


Wednesday, August 22, 2007

"Anthony subs for Joyce; Retired Erie County judge tapped to step into Superior Court vacancy": This article appears today in The Erie (Pa.) Times-News.

And The Associated Press reports that "Pa. Supreme Court picks substitute for suspended judge."
Posted at 11:30 PM by Howard Bashman



"Court: Overnight truck parking ban illegal." The Miami Herald provides a news update that begins, "The Third District Court of Appeal ruled that the city of Coral Gables can't ban trucks from parking on residential streets overnight. Lowell Kuvin filed the suit in 2003 after being fined $50 for parking his pickup truck, a Ford F-150, in front of his home overnight. The city ordinance allows residents to own trucks, but they must be kept in garages or outside the city at night."

You can access today's ruling of Florida's Third District Court of Appeal at this link.
Posted at 09:17 PM by Howard Bashman



"State high court to consider legality of S.F. affirmative action": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The California Supreme Court took up its first affirmative action case in almost seven years today, agreeing to decide the legality of San Francisco's program that grant preferences for minority and female contractors. The court granted a hearing on appeals by two companies that say the city ordinance violates Proposition 209, the 1996 initiative that outlawed race and sex preferences in public contracting, employment and education."

And The Associated Press reports that "Justices to decide legality of SF affirmative action program."
Posted at 09:08 PM by Howard Bashman



"Al-Marri case to be reheard": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Fourth Circuit Court on Wednesday agreed to reconsider the question of the President's power to order the capture inside the U.S., and the prolonged detention afterward in a military prison, of a civilian suspected of terrorist ties."
Posted at 06:10 PM by Howard Bashman


"Ban on Window Peeping Is Sought": The New York Sun provides a news update that begins, "At one time or another, many New Yorkers unwittingly find themselves staring into the window of an adjacent building and spotting a neighbor in a state of undress. It's almost unavoidable among the city's close quarters and some might go so far as to call it a beloved pastime. But it may become illegal under new legislation before the City Council. Council Member Peter Vallone Jr. of Queens is proposing to outlaw voyeurism by extending a state law that forbids non-consensual peeping with cameras to peeping with the naked eye."
Posted at 05:00 PM by Howard Bashman


The confrontation clause and testimony about the results of blood tests to prove that the defendant had committed the offense of driving while impaired: A divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued an interesting decision in a criminal appeal. The defendant argued on appeal that his confrontation clause rights were violated when the director of a toxicology lab testified about the results of the tests the lab had performed on the defendant's blood sample, because it was other employees of the lab who had performed the actual tests.

The majority affirmed the conviction, finding no confrontation clause violation. But Circuit Judge M. Blane Michael issued a dissenting opinion that concluded: "In sum, the laboratory test results admitted against Washington were testimonial statements. Washington therefore had the right to confront and cross-examine the technicians who conducted the tests on his blood. Because Washington was not provided this opportunity, and the government does not contend that the witnesses were unavailable, his Confrontation Clause right was violated."
Posted at 03:55 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Growing Pains for Terror Appeals Court" and "Justice Dept. Argues Limits of FOIA Law."
Posted at 03:15 PM by Howard Bashman


A Federal Circuit ruling that even an economist could love: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a decision holding that the Board of Patent Appeals and Interferences "did not err in concluding that it would have been obvious to combine the known inflation-adjusted loan accounts of Mukherjee with the known balloon payments of Weiner."
Posted at 11:40 AM by Howard Bashman


"Ford Truck Patents Are Winning Trade Fight": Columnist Cindy Skrzycki has this essay online at Bloomberg News.
Posted at 11:25 AM by Howard Bashman


"Court overturns ruling on synagogue in Hancock Park": The Los Angeles Times today contains an article that begins, "A federal appeals court Tuesday overturned a lower court's decision that permitted an Orthodox Jewish congregation to operate a synagogue in a residential neighborhood of Los Angeles' Hancock Park area. The U.S. 9th Circuit Court of Appeals ruled that the lower court erred when it dismissed a lawsuit by a neighborhood group. The League of Residential Neighborhood Advocates contended that an agreement between Congregation Etz Chaim and the city of Los Angeles violated zoning laws."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:23 AM by Howard Bashman



"Bad Judgment: The attorney general may soon have unwarranted power in death penalty cases." This editorial appears today in The Washington Post.
Posted at 08:15 AM by Howard Bashman


"Translating a Ruling Into New Limits for Issue Ads": The Washington Post today contains an article that begins, "In June, Chief Justice John G. Roberts Jr. and a bare majority of his colleagues blew up a key provision of the campaign finance overhaul that Congress passed in 2002. Now the Federal Election Commission has begun to piece together the fragments that remain to answer this question: What can issue-oriented political ads that are paid for with corporate or union cash say before they become a clear appeal to vote for or against a presidential or congressional candidate?"

And yesterday, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision addressing the legality of Colorado's citizen-passed campaign finance reform amendment designed to limit the influence of certain types of corporations' general funds on state elections. In coverage of that ruling, The Associated Press reports that "Appeals court affirms Colorado Right to Life ruling."
Posted at 08:10 AM by Howard Bashman



"A Blood Sport Exposed: Vick's Case Puts Dogfighting Culture in the Spotlight." This lengthy front page article appears today in The Washington Post.
Posted at 08:04 AM by Howard Bashman


"An Unjust Judge": Yesterday in The Washington Post, Nan Aron had an op-ed that begins, "To understand the furor over President Bush's nomination of Leslie Southwick to the U.S. Court of Appeals for the 5th Circuit, one should start with the Goode family of Mississippi."
Posted at 07:52 AM by Howard Bashman


"A Successful Plan for Racial Balance Now Finds Its Future Uncertain": This article appears today in The New York Times.
Posted at 07:50 AM by Howard Bashman


"The Warrantless Debate Over Wiretapping": Philip Bobbitt has this op-ed today in The New York Times.
Posted at 07:48 AM by Howard Bashman


"Jose Padilla Makes Bad Law: Terror trials hurt the nation even when they lead to convictions." Michael B. Mukasey has this op-ed today in The Wall Street Journal.
Posted at 07:42 AM by Howard Bashman


Today's edition of The Wall Street Journal is reporting: Peter Lattman has an article headlined "Patent Ruling May Help Firms' Defense in Suits." My earlier coverage of Monday's en banc Federal Circuit ruling can be accessed here.

And in other news, "Lawyers Gear Up Grand New Fees; Hourly Rates Increasingly Hit $1,000, Breaching a Level Once Seen as Taboo."
Posted at 07:40 AM by Howard Bashman



"Appeals court upholds ban on Bible distribution to fifth-graders": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued yesterday. The trial court's ruling, which the Eighth Circuit affirmed yesterday, can be viewed at this link.
Posted at 07:32 AM by Howard Bashman


"American Express Pays $3M To Get Appeals Dropped": Josh Gerstein had this article yesterday in The New York Sun.
Posted at 07:28 AM by Howard Bashman


"Public will see R. Kelly tape; Judge rules video key part of case": The Chicago Tribune provides a news update that begins, "The judge in the R. Kelly child pornography case on Tuesday upheld his ruling allowing the public to view a videotape that allegedly shows the R&B singer having sex with a minor."
Posted at 12:03 AM by Howard Bashman


Tuesday, August 21, 2007

"Spy Court Gets New Home of Its Own": The Associated Press provides a report that begins, "The nation's spy court is moving from its longtime home at the Justice Department to a nearby federal courthouse, a move that some hope will assert the court's independence even as Congress shifts some of its authority to the Bush administration."
Posted at 11:58 PM by Howard Bashman


"George Ryan loses appeal, but remains free": The Chicago Sun-Times provides a news update that begins, "Former Gov. George Ryanís conviction on corruption charges was upheld today by a federal appeals court, but the once-powerful Republican will not have to immediately report to prison. Instead, the 7th Circuit U.S. Court of Appeals late this afternoon ruled that Ryan can remain free as his attorneys continue to appeal the case. Ryan was to report to prison by Friday morning."

The Chicago Tribune provides a news update headlined "Ryan will remain free during second appeal."

And The Associated Press reports that "Ex-Illinois Governor's Conviction Upheld."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:50 PM by Howard Bashman



Myrtle Beach Pelicans 10, Wilmington Blue Rocks 8: My son and I were back in Wilmington, Delaware this evening to see the Carolina League game between the home Blue Rocks -- the Class A-advanced affiliate of the Kansas City Royals -- and the visiting Pelicans -- the Class A-advanced affiliate of the Atlanta Braves. Although there was plenty of rain in the region today, the game started on time and, fortunately, little more than a steady mist began to fall late in the game, allowing the full nine innings to be played. Yet the inclement weather, or excessive pine tar, prevented George Brett from attending tonight's game, although he was present in bobblehead form as a give-away. You can access online the box score, the game log, and a game recap.
Posted at 11:44 PM by Howard Bashman


Programming note: I'll be traveling to northeastern Pennsylvania this morning to meet with co-counsel in an appeal that I was recently hired to work on. Additional posts will appear here later today.
Posted at 06:30 AM by Howard Bashman


"Cheney's Office Says It Has Wiretap Documents": The Washington Post today contains an article that begins, "Vice President Cheney's office acknowledged for the first time yesterday that it has dozens of documents related to the administration's warrantless surveillance program, but it signaled that it will resist efforts by congressional Democrats to obtain them."

And The New York Times reports today that "Senator Threatens to Charge White House With Contempt."
Posted at 06:28 AM by Howard Bashman



"Take Al Qaeda to Court": Kelly Anne Moore has this op-ed today in The New York Times.
Posted at 06:25 AM by Howard Bashman


"Plaintiffs Find Payday Elusive in Vioxx Cases": This article appears today in The New York Times.
Posted at 06:24 AM by Howard Bashman


Available online from law.com: An article reports that "Patent Defendants Score Big at Federal Circuit; Court clarifies guidelines on willful infringement, waivers of attorney-client privilege." My earlier coverage of yesterday's en banc Federal Circuit ruling can be accessed here.

In other news, "Rights Cases Multiply Against Corporations; Growth of global operations, key appellate case lead to upswing." As I previously noted here, there was a significant development yesterday in one of these cases pending on appeal in the Ninth Circuit..

An article reports that "5th Circuit Certifies Major Insurance Questions to Texas High Court." You can access the ruling in question at this link.

An article is headlined "D.C. Circuit: Grand Jury Witnesses Can Review Testimony." You can access the ruling at this link.

And in other news, "Criminal Attorneys Provide Post-Game Analysis of Padilla Case."
Posted at 06:20 AM by Howard Bashman



Monday, August 20, 2007

"Padilla case lacked key piece of evidence": The Miami Herald provides a news update that begins, "It looked like smoking-gun evidence: a suspected al Qaeda graduation list with Jose Padilla's alleged Muslim name written on it. Had it gone before jurors, the list might have placed Jose Padilla directly at an al Qaeda training camp in Afghanistan in September 2000, just after he had allegedly filled out his application to be a jihad soldier. But prosecutors couldn't introduce the list."
Posted at 09:10 PM by Howard Bashman


"Dred Scott 150 Years On": This audio segment (available in both RealPlayer and Windows Media Player formats) -- featuring Justice Stephen G. Breyer and Law Professors John McGinnis and Charles Ogletree -- appeared on today's broadcast of the public radio program "On Point."
Posted at 08:50 PM by Howard Bashman


"The Hospital Visit, Revisited: The FBI director verifies Mr. Gonzales's arm-twisting." This editorial appears today in The Washington Post.
Posted at 08:45 PM by Howard Bashman


"Cuban spies appeal for US retrial; Five Cubans convicted in the US of spying for Havana have appealed for a retrial, saying they were found guilty because of anti-Castro bias": BBC News provides this report.

The Associated Press reports that "'Cuban Five' Plea for Freedom."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Five Men in Cuba Spying Case Appeal Convictions" (RealPlayer required).

And today's edition of The Miami Herald contains an article headlined "'Cuban Five' appeal to be heard; The case of five Cubans convicted of spying in 1998 comes up for its third appeals review in Atlanta."
Posted at 08:33 PM by Howard Bashman



"Suspended Pa. judge pleads not guilty, says he will retire": The Associated Press provides a report that begins, "Suspended Superior Court Judge Michael T. Joyce pleaded not guilty Monday to federal charges of mail fraud and money laundering, but abandoned his re-election campaign and said he plans to retire when his term expires in January."

The Legal Intelligencer provides a news update headlined "Judge Joyce Drops Bid for Retention."

And The Erie Times-News provides an update headlined "Joyce pulls out of race."
Posted at 05:42 PM by Howard Bashman



"[W]e clarify the scope of the waiver of attorney-client privilege and work product protection that results when an accused patent infringer asserts an advice of counsel defense to a charge of willful infringement." Late this afternoon, the en banc U.S. Court of Appeals for the Federal Circuit issued its decision in In re Seagate Technology, LLC.
Posted at 05:30 PM by Howard Bashman


"Researcher Taps High Court Over Samples": The Associated Press provides a report that begins, "A cancer researcher is asking the Supreme Court to block a decision handing ownership of thousands of blood and tissue samples to a university. Dr. William Catalona spearheaded creation of a repository of more than 3,500 prostate tissue samples and 100,000 blood samples during a 27-year career at Washington University in St. Louis."

My earlier coverage of the Eighth Circuit's ruling in this case can be accessed here.

Update: The AP is now reporting that "Top Court Judge Rejects Doctor's Request."
Posted at 04:10 PM by Howard Bashman



"Split Third Circuit debates (at extraordinary length) reasonableness review": Law Professor Doug Berman has this post today at his "Sentencing Law and Policy" blog noting a decision that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 03:50 PM by Howard Bashman


"Vick takes plea deal, avoids additional dogfighting charges": The Virginian-Pilot provides a news update that begins, "Atlanta Falcons quarterback and Hampton Roads native Michael Vick has accepted a plea deal -- and a likely prison sentence -- to avoid additional federal charges related to a professional dogfighting operation, according to one of Vick's attorneys. Vick is going to enter a guilty plea to the felony conspiracy charge next Monday at 10:30 a.m., said Lawrence Woodward, one of Vick's defense attorneys."

And CNN.com provides an update headlined "Report: Vick agrees to plea deal, prison possible."
Posted at 02:40 PM by Howard Bashman



Access today's U.S. Supreme Court Order List: The Court has posted it online at this link.
Posted at 01:35 PM by Howard Bashman


The battle over whether to mandate use of the vaccine for human papilloma viruses may have been intense, and so is the battle over patent rights to that vaccine: The U.S. Court of Appeals for the Federal Circuit issued this ruling today.
Posted at 01:30 PM by Howard Bashman


"Toy Recalls May Push 'Medical Monitoring' Debate; Suits Seek Funds to Test Children Before Injuries Show": This article appears today in The Wall Street Journal.
Posted at 01:25 PM by Howard Bashman


Ninth Circuit grants rehearing en banc to consider questions of justiciability and exhaustion in the context of the Alien Tort Claims Act: Over one year ago, on August 7, 2006, I had a post titled "Divided three-judge Ninth Circuit panel reinstates most of the claims of Bougainville, Papua New Guinea residents who allege that they or their family members were victims of numerous violations of international law resulting from Rio Tinto, PLC's Bougainville mining operations and the 10-year civil conflict that followed an uprising at the Rio Tinto mine" noting a lengthy decision issued that day.

More recently, on April 12, 2007, that same divided three-judge panel issued a revised opinion and dissent that was even longer than the panel's original decision.

Today, the Ninth Circuit issued an order granting rehearing en banc in the case.
Posted at 01:24 PM by Howard Bashman



The battle of Monster versus Freek was moot: On Friday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an order in typescript form vacating that panel's earlier decision on the merits issued on June 29, 2007.

According to Friday's order, the dispute had become moot on June 8, 2007, when the parties entered into a settlement agreement. Why neither of the parties brought the settlement agreement to the Ninth Circuit's attention during the three weeks that followed between the time of the settlement and when the Ninth Circuit issued its ruling is not immediately apparent.
Posted at 01:14 PM by Howard Bashman



"European Legal Circles Await Ruling by Top Appeals Court on Microsoft": This article appears today in The New York Times.
Posted at 08:23 AM by Howard Bashman


"A Quest to Get More Court Rulings Online, and Free": The New York Times today contains an article that begins, "The domination of two legal research services over the publication of federal and state court decisions is being challenged by an Internet gadfly who has embarked on an ambitious project to make more than 10 million pages of case law available free online."
Posted at 08:20 AM by Howard Bashman


"Greasing the Wheels on the Machinery of Death": You can access at this link (TimesSelect temporary pass-through link) today's installment of Adam Liptak's "Sidebar" column.
Posted at 08:17 AM by Howard Bashman


"Kentucky Trial Derby": The Wall Street Journal today contains an editorial that begins, "How's this for a legal bestseller? Three tort lawyers are accused of defrauding their clients of $62 million. A state judge signs off on the scam, and is rewarded with a cushy job. When the scandal comes to light, the bar association looks the other way and another state judge fails to force the men to return the money. A federal judge finally intervenes and jails all three as flight risks."
Posted at 08:14 AM by Howard Bashman


"Dispute Over Monkey Meat Hits on Religious Freedom": The New York Sun today contains an article that begins, "What started as a late-night talk show joke topic -- a New York woman originally from Liberia who was indicted for allegedly trying to smuggle steaks of monkey meat into America via John F. Kennedy International Airport -- is shaping up into a potentially major religious freedom dispute."
Posted at 08:00 AM by Howard Bashman


"On Tap: Hey, That New Wiretapping Law Isn't Really So Bad." Benjamin Wittes has this essay online today at The New Republic.
Posted at 07:55 AM by Howard Bashman


Sunday, August 19, 2007

"The Founders Had an Idea for Handling Alberto Gonzales": Adam Cohen has this Editorial Observer essay today in The New York Times.
Posted at 11:02 PM by Howard Bashman


"Insurers believed judge; Indictment indicates companies didn't verify Joyce's medical claims": The Erie (Pa.) Times-News contains this article today. Yesterday's newspaper reported that "Court suspends judge; Joyce will continue drawing $165,000 state salary while criminal case plays out." An editorial in yesterday's newspaper was entitled "Joyce's suspension swift, appropriate." And Pat Howard yesterday had an op-ed entitled "Questions in Joyce case go beyond judge's actions."

Yesterday in The Pittsburgh Tribune-Review, Jason Cato had an article headlined "State Supreme Court suspends Erie judge."

The Philadelphia Inquirer reported yesterday that "Pa. court orders judge to step aside."

And The Associated Press reports that "Pay raise, indictment, could enliven humdrum retention votes."
Posted at 10:54 PM by Howard Bashman



"Qualified to Serve: The opponents of appeals court nominee Leslie H. Southwick haven't made their case." This editorial appeared yesterday in The Washington Post.
Posted at 08:54 PM by Howard Bashman


New York Yankees 9, Detroit Tigers 3: At the suggestion of a colleague from northern New Jersey, my son and I and that colleague were at Yankee Stadium this afternoon to see the Yankees defeat the Tigers in convincing fashion. You can access the box score at this link, while wraps from MLB.com are here and here.
Posted at 08:48 PM by Howard Bashman


Saturday, August 18, 2007

Wilmington Blue Rocks 9, Lynchburg Hillcats 8: My son and I tonight both attended our first ever Class A-advanced Carolina League game, as the home team Blue Rocks won in walk-off fashion in the bottom of the 9th on Judy Johnson bobblehead doll night. We had great seats, just two rows from the field in section 11. You can view the box score at this link, while the game log is here.
Posted at 10:35 PM by Howard Bashman


"Secret Court Asks For White House View on Inquiry; ACLU Seeking Rulings Issued On Warrantless Wiretapping": The Washington Post contains this article today.

The New York Times reports today that "Court Weighs Making Public Rulings on U.S. Wiretapping."

The Baltimore Sun reports that "Spy court acts on request by the ACLU; Administration told to respond on wiretap rulings."

And at "SCOTUSblog," Lyle Denniston has a post titled "Secret court seeks briefing on wiretap orders."

You can view the court's order at this link.
Posted at 03:25 PM by Howard Bashman



"Concern Over Wider Spying Under New Law": This article will appear Sunday in The New York Times.
Posted at 03:20 PM by Howard Bashman


Available online from law.com: Tony Mauro reports that "Issue of 'Strategic Recusals' Arises in Key Supreme Court Case."

In other news, "Pa. Supreme Court Suspends Indicted Judge."

Marcia Coyle reports that "Federal Circuit Denies Appeal by Attorney 'Wronged' in Court." My earlier coverage of last Monday's ruling appears at this link.

An article reports that "11th Circuit Applies Supreme Court High-Speed Chase Ruling." You can access last Tuesday's ruling at this link.

And the new installment of my "On Appeal" column is headlined "You Call That a Notice of Appeal?"
Posted at 09:52 AM by Howard Bashman



"Padilla Case Offers a New Model of Terrorism Trial": Adam Liptak has this news analysis today in The New York Times.
Posted at 09:44 AM by Howard Bashman


Friday, August 17, 2007

"This is high-stakes litigation involving a challenge to procedures adopted by the Secretary of the Interior Department to circumvent the consequences of the Supreme Court's Eleventh Amendment decision in Seminole Tribe of Florida v. Florida": So begins a 76-page decision that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today. Chief Judge Edith H. Jones issued the lead opinion, holding that the Secretary of the Interior lacked the authority to promulgate the regulations at issue. Circuit Judge Carolyn Dineen King concurred in the judgment in a separate opinion. And Circuit Judge James L. Dennis issued a lengthy and spirited dissenting opinion.

The U.S. Supreme Court's 5-4 ruling from 1996 in the Seminole Tribe case can be accessed via this link.
Posted at 09:44 PM by Howard Bashman



"Miami jury convicts Padilla in terror trial; Former enemy combatant Jose Padilla and two codefendants were convicted by a Miami federal jury of conspiring to support terrorism abroad": This article appears today in The Miami Herald.

The New York Times reports today that "Padilla Is Guilty on All Charges in Terror Trial." The newspaper also contains an editorial entitled "The Padilla Conviction."

The Washington Post contains a front page article headlined "Jury Convicts Jose Padilla of Terror Charges; Two Co-Defendants Also Found Guilty." An editorial is entitled "Jose Padilla's Due Process: The five-year path to a verdict is an indictment of the administration." And Law Professor Jenny S. Martinez has an op-ed entitled "The Real Verdict on Jose Padilla."

The Los Angeles Times contains articles headlined "Padilla convicted of all charges; The verdict is a boost for the administration and may encourage prosecution of other enemy combatants" and "Simple phrase was key to case; A 1996 provision making a crime to 'provide material support' to terrorists was crucial to the prosecution." An editorial is entitled "Justice, at last: The conviction of the U.S. citizen who spent more than three years imprisoned as an 'enemy combatant' shows terrorists can be tried in civilian courts." And Law Professor Stephen I. Vladeck has an op-ed entitled "The lost Padilla verdict: What should've gone on trial were the administration's tactics in detaining the one-time 'dirty bomber' suspect."

And The South Florida Sun-Sentinel today contains articles headlined "Miami jury convicts Padilla, two others, of supporting terrorism" and "Unanimous verdict is a partial victory for Bush strategy in war on terrorism."
Posted at 09:23 PM by Howard Bashman



"White House Wants More Time on Subpoenas": The Associated Press provides a report that begins, "The White House on Friday asked a Senate panel for more time to produce subpoenaed information about the legal justification for President Bush's secretive eavesdropping program."
Posted at 08:57 PM by Howard Bashman


"Appeals court OKs lawsuit against Cingular": Reuters provides this report.

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 08:53 PM by Howard Bashman



"Neas Leaving People for the American Way": The Associated Press provides a report that begins, "Ralph Neas is stepping down as president of People for the American Way, a liberal organization that has fought President Bush's conservative judicial nominations."

And People for the American Way has issued a press release entitled "Neas Announces Decision to Step Down as 'People For' President."
Posted at 08:47 PM by Howard Bashman



"FBI Director's Notes Contradict Gonzales's Version Of Ashcroft Visit": This front page article appears today in The Washington Post.

And The New York Times reports today that "Notes Detail Pressure on Ashcroft Over Spying."
Posted at 08:35 PM by Howard Bashman



"A Marylander to Honor: Remember Hugh Lennox Bond, Not Roger B. Taney." Charles Lane has this op-ed today in The Washington Post.
Posted at 08:27 PM by Howard Bashman


"Judge Says Cleaners' Bid Not Frivolous": The Washington Post today contains an article that begins, "The judge who sent Roy Pearson packing gave him a final sendoff yesterday. In a written order, D.C. Superior Court Judge Judith Bartnoff offered her take on the efforts by the Northeast Washington dry cleaners to collect attorneys' fees stemming from Pearson's failed lawsuit over a pair of pants. They were hardly frivolous, as Pearson had claimed, she said."
Posted at 08:24 PM by Howard Bashman


"Kerr and Lederman Battle it Out Over FISA and the Supreme Court At BloggingHeads TV": Orin Kerr has this post at "The Volokh Conspiracy" noting a new episode of Bloggingheads.tv featuring him and Marty Lederman.
Posted at 05:33 PM by Howard Bashman


"Murphy Seeks En Banc Review of D.C. Circuit Panel's Decision": "TaxProf Blog" provides a post that begins, "The attorneys for Marrita Murphy today filed a Petition for Rehearing En Banc in the D.C. Circuit, requesting that the full court review the three-judge panel's July 3, 2007 decision in Murphy v. IRS, No. 03cv02414, which upheld the taxation of Mrs. Murphy's compensatory personal injury award (and rejected the panel's original decision in Murphy v. IRS, 460 F.3d 79 (D.C. Cir. 8/22/06))." You can view the rehearing petition at this link.
Posted at 05:22 PM by Howard Bashman


Divided three-judge Third Circuit panel holds that federal law preempts state consumer fraud claims relating to the advertising of the drug Nexium: You can access today's ruling at this link.

As the majority opinion explains, "On February 11, 2005, the plaintiffs filed a putative class action against Zeneca, alleging that Zeneca's marketing campaign for Nexium was deceptive because it misleadingly advertised Nexium as an improvement on Prilosec."
Posted at 04:58 PM by Howard Bashman



"Pa. Supreme Court suspends judge accused of insurance scam": The Associated Press provides a report that begins, "The state Supreme Court suspended Superior Court Judge Michael T. Joyce, who was indicted earlier this week on federal charges of cheating two insurance companies out of $440,000."

Today's order of the Supreme Court of Pennsylvania can be viewed at this link.

In related coverage, The Erie Times-News reports today that "Bar panel to reconsider election nod" and "Joyce faces arraignment."
Posted at 02:40 PM by Howard Bashman



"FTC Appeals Whole Foods Ruling": The Associated Press provides this report.
Posted at 01:12 PM by Howard Bashman


Pleading a sincerely held religious belief in the aftermath of Bell Atlantic Corp. v. Twombly: A divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this interesting decision today. Circuit Judge Ed Carnes wrote the majority opinion, from which Circuit Judge Gerald Bard Tjoflat dissented.
Posted at 01:10 PM by Howard Bashman


"In this case, we consider whether a class arbitration waiver in New Cingular Wireless Service Inc.'s standard contract for cellular phone services is unconscionable under California law, and whether the Federal Arbitration Act preempts a holding that the waiver is unenforceable." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. The opinion's next two sentences state, "We hold that the waiver is unconscionable, and, thus, unenforceable, and that the invalidation of the contract provision is not preempted by the Federal Arbitration Act. Accordingly, we reverse the district court's order compelling arbitration."

Circuit Judge Stephen Reinhardt issued the opinion on behalf of a unanimous three-judge panel.
Posted at 12:54 PM by Howard Bashman



"Congress Mulls Salary Raise for Judiciary; Some Oppose Tinkering With Federal Bench's Pay": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 12:42 PM by Howard Bashman


"Padilla Conviction Feeds Debate": Today in The Wall Street Journal, Jess Bravin has an article that begins, "Jose Padilla's conviction in Miami on charges of helping Islamic extremists and plotting overseas attacks marked a victory for the Justice Department's aggressive campaign to bust suspected terrorist cells. It also is likely to feed an already fevered debate about the use of wiretapping by the federal government."

The newspaper also contains an editorial entitled "The Padilla Verdict."
Posted at 09:00 AM by Howard Bashman



"Religious Rights on Trial as Circumcision Case Reaches Oregon's High Court; AJCongress Counsel: 'We Have To Win This Case, and Win it Big.'" Wednesday's issue of The Forward contained an article that begins, "The highest-level case in American history involving the right to circumcision is slated to be heard this fall, when the Oregon Supreme Court rules on whether a father can have his 12-year-old son undergo the procedure."
Posted at 08:55 AM by Howard Bashman


"The Nerve! Suing the Red Cross Over the Red Cross." Bloomberg News columnist Ann Woolner has this essay today.
Posted at 08:54 AM by Howard Bashman


"State judge accused of insurance fraud to run for retention": This article appears today in The Pittsburgh Post-Gazette.

And today in The Pittsburgh Tribune-Review, Jason Cato reports that "Charged Pa. judge to seek 2nd term," while columnist Eric Heyl has an op-ed entitled "My verdict? This judge likely surfed into trouble."
Posted at 08:50 AM by Howard Bashman



"City Takes Philippines to Court Over Property Taxes": Today in The New York Sun, Joseph Goldstein has an article that begins, "After pursuing the governments of India and Mongolia up to the U.S. Supreme Court over a property tax dispute, lawyers for New York City will head to a lower court on Friday to press a similar case against the Philippines."
Posted at 08:02 AM by Howard Bashman


"Lawyers in Wonderland: How good lawyers sprout whiskers and top hats after drinking too much national-security punch." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:40 AM by Howard Bashman


Thursday, August 16, 2007

Available online from law.com: The transcript of a recent event moderated by Tony Mauro appears under the headline "Reading the Roberts Court: Four advocates discuss the Court's first full term under Roberts and the emergence of Kennedy."

In other news, "Federal Indictment Looms Over Pa. Superior Court Judge's Retention Race." My most recent earlier coverage appears at this link.

Pamela A. MacLean reports that "7th Circuit Breaks With Six Circuits Over Waiver of Appeal." My earlier coverage of last month's Seventh Circuit ruling appears at this link.

And an article reports that "Fla. Legal Elite Hope to Get Judges a Little Respect; Group wants to bring judges back in public's good graces after embarrassing blunders and judicial abuse and misconduct."
Posted at 11:25 PM by Howard Bashman



"Staff: Judge slept on job; Hearing transcripts reveal allegations against Halverson." This article appears today in The Las Vegas Review-Journal.

The hearing transcripts can be accessed online via this link.
Posted at 10:45 PM by Howard Bashman



The U.S. Supreme Court has issued a "Memorandum to Counsel" about the forthcoming revisions to that Court's rules: You can access the five-page memorandum at this link. Among other things. the memorandum suggests that the Court will begin making electronically-filed briefs available for access over the Court's own web site.
Posted at 10:30 PM by Howard Bashman


"Documents Detail Ashcroft-Gonzales Confrontation; Mueller's Notes Chronicle Legal Dispute Over Wiretapping Program": The Washington Post provides this news update.

And The New York Times provides a news update headlined "Notes Detail Visit to Ashcroft's Hospital Room."

You can view the notes in question by clicking here.
Posted at 05:58 PM by Howard Bashman



"Padilla found guilty in terror trial": Jay Weaver of The Miami Herald provides this news update.

The New York Times provides a news update headlined "Jose Padilla Convicted on All Counts in Terror Trial."
Posted at 05:45 PM by Howard Bashman



Jose Padilla and co-defendants have been convicted on all counts: So reports CNN. Sentencing is scheduled to occur on December 5, 2007.

In early online coverage, The Associated Press reports that "Padilla Is Convicted in Terrorism Case."

And CNN.com reports that "Jury finds Padilla guilty on terror charges."

Update: Attorney David Oscar Markus was in the courtroom when the verdicts were read, and you can access his live-blogging of the court proceeding at the "Southern District of Florida Blog."
Posted at 02:25 PM by Howard Bashman



Ninth Circuit examines the confrontation clause implications of deporting a key witness for the prosecution who then refuses to return for the defendant's retrial: You can access today's ruling at this link. Shortly after oral argument on appeal, the Ninth Circuit panel issued this order seeking supplemental briefing, including amicus briefs, on the questions presented in the case.
Posted at 01:34 PM by Howard Bashman


"[N]one of the costs listed as taxable under Rule 39(e) are recoverable in an affirmed-in-part/reversed-in-part case unless the appellate court so indicates." This ruling that the U.S. Court of Appeals for the Eighth Circuit issued today discusses the proper application of Federal Rule of Appellate Procedure 39(e).
Posted at 01:17 PM by Howard Bashman


"Pa. Judge Accused of Bilking Insurers": The Associated Press provides a report that begins, "An appeals court judge was indicted on charges of scamming $440,000 from insurers by claiming he suffered debilitating injuries in a car crash, even while he golfed, skated and went scuba diving, federal prosecutors said." The AP also reports that "Indicted judge to continue campaign for retention."

The Erie (Pa.) Times-News reports today that "Feds indict judge; House, plane, motorcycle were ill-gotten gains, charges say."

WSEE-TV provides this video report (Windows Media Player required). And GoErie.com provides this audio (Windows Media Player required) of yesterday's statement by the U.S. Attorney for the Western District of Pennsylvania.
Posted at 12:58 PM by Howard Bashman



"Verdict Reached in Padilla Terror Case": The Associated Press provides a report that begins, "A verdict was reached Thursday in the trial of Jose Padilla and two co-defendants charged with supporting al-Qaida and other violent Islamic extremist groups overseas. The jury verdict was scheduled to be read at 2 p.m. EDT before U.S. District Judge Marcia Cooke in Miami's downtown federal courthouse, according to an announcement from her chambers."
Posted at 12:50 PM by Howard Bashman


Access online the audio of yesterday's Ninth Circuit oral arguments in the NSA surveillance cases argued under the caption Hepting v. AT&T Corp. You can download the audio file via this link (13.9MB Windows Media audio file).
Posted at 10:10 AM by Howard Bashman


"Secrecy Lawsuits Tricky to Prosecute": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:05 AM by Howard Bashman


"Don't rush to execution: California must reject the U.S. attorney general's effort to bend death penalty rules." Law Professor Erwin Chemerinsky has this op-ed today in The Los Angeles Times.
Posted at 09:00 AM by Howard Bashman


"Judges asked to dismiss wiretap suits; AT & T customers seek damages from the firm and an Islamic charity says the spying program is illegal": Henry Weinstein has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Classified evidence debated; Court likely to allow suit against AT&T, reject wiretap case."

The Washington Post reports that "Judges Skeptical of State-Secrets Claim."

And in The San Jose Mercury News, Howard Mintz reports that "Judges signal White House will have to defend spying."
Posted at 08:55 AM by Howard Bashman



"Celeb does the time, leaking photo may be a crime": The Los Angeles Times today contains an article that begins, "Amid concern over the frenzy of entertainment blogs and tabloids competing for inside information on Paris Hilton's days in jail and Mel Gibson's tirade during a drunk-driving arrest, state lawmakers have taken steps to clamp down on some forms of checkbook journalism. A bill wending its way through the Legislature would make it a crime for law enforcement or court employees to profit by releasing confidential information gathered in criminal investigations or unauthorized photographs of people in custody."
Posted at 08:40 AM by Howard Bashman


The Washington Times is reporting: Today's newspaper contains articles headlined "Group fights lesbian 'divorce'" and "In imams' suit, status of 'John Does' in dispute."
Posted at 08:27 AM by Howard Bashman


The Hartford Courant is reporting: Today's newspaper reports that "State Appeals Ruling That Allows Inmates Free Copies; FOI Commission Voided Policy On Documents."

And yesterday's newspaper contained an article headlined "Remarks From The Past Revisited; Nominee Lauded Strom Thurmond" that begins, "State Appellate Court nominee John R. Downey's praise of longtime segregationist Sen. Strom Thurmond as a 'great American' four years ago has now surfaced as an issue in his legislative confirmation."
Posted at 08:23 AM by Howard Bashman



"Court Ruling Backs City On Suing Gun Stores": The New York Sun today contains an article that begins, "In a decision that could prompt large cities around the country to pursue legal action against out-of-state gun dealers, a federal judge in Brooklyn yesterday wrote that he has jurisdiction to rule on a lawsuit brought by New York City against out-of-state stores that sold guns used by criminals in the city."

And The Atlanta Journal-Constitution today contains an article headlined "Judge: NYC can sue Georgia gun sellers."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of New York at this link.
Posted at 08:12 AM by Howard Bashman



"Bush Sides With Business Over Lawsuits": The Wall Street Journal today contains an article that begins, "The Bush administration formally weighed in on the side of business in a closely watched Supreme Court case, finalizing the battle lines in a case that has big implications for Wall Street. The administration's position is largely at odds with the Securities and Exchange Commission, which earlier this year took the side of the shareholder plaintiffs. The case centers on whether shareholders can sue to hold third parties accountable for their company's fraud. The case has been the subject of intense lobbying from lawmakers, former SEC officials, Wall Street and the plaintiffs bar. At stake is the scope of securities class-action litigation, which could be significantly widened if the suing shareholders prevail."

And The Washington Post reports today that "In High Court Filing, It's U.S. vs. Investors."
Posted at 07:54 AM by Howard Bashman



"Gonzales is tough on crime? Hardly. His strong-arm tactics actually have worked to defendants' advantage." Law Professor Jonathan Turley has this op-ed today in USA Today.
Posted at 07:48 AM by Howard Bashman


"Can This Pig Fly? How A Dentist Assaulted A Patient And Made A Million Dollars." Adam Scales has this essay -- the second in a two-part series -- today at FindLaw. You can access part one here.
Posted at 07:40 AM by Howard Bashman


Wednesday, August 15, 2007

"New Orleans DA loses race-firing appeal": The Associated Press provides a report that begins, "The New Orleans district attorney lost his fight Wednesday against a ruling that said he violated the civil rights of dozens of white employees when he fired them after taking office in 2003 and replaced them with black workers."

And The Times-Picayune of New Orleans provides a news update headlined "Jury verdict upheld in Jordan bias case."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 11:50 PM by Howard Bashman



Available online from law.com: An article reports that "Solicitor General Sides Against SEC in Major High Court Securities Case." In this post from earlier today, I linked to that amicus brief.

And in other news, "New York City's Suit Against Gun Dealers Proceeds." You can access today's ruling of the U.S. District Court for the Eastern District of New York at this link.
Posted at 11:40 PM by Howard Bashman



"U.S. Defends Surveillance to 3 Skeptical Judges": Adam Liptak will have this article Thursday in The New York Times.

Justin Scheck of The Recorder reports that "9th Circuit Judges Challenge Government for More Candor on Wiretaps; Panel takes up two controversial cases involving feds' once-secret, post-Sept. 11 spy program."

And The Associated Press reports that "Feds urge appeals court to dismiss eavesdropping lawsuits."
Posted at 11:30 PM by Howard Bashman



In coverage of today's Ninth Circuit oral arguments in the NSA spying cases from Wired.com's "Threat Level" blog: David Kravets has a post titled "Is The Bush Administration Still Spying?"

Ryan Singel has a post titled "Analysis: Some Secret Documents Are Too Secret Even for Critical Judges."

And live-blogging of this afternoon's oral arguments appears in a post titled "NSA Judge: 'I feel like I'm in Alice and Wonderland.'"
Posted at 09:03 PM by Howard Bashman



"Ninth Circuit Judge Marsha S. Berzon Receives ABA's Margaret Brent Award": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued has issued this news release.
Posted at 08:33 PM by Howard Bashman


"Appeals court may let NSA lawsuits proceed; A 9th U.S. Circuit Court panel peppers government attorneys with sharp questions and suggests that two cases alleging illegal surveillance should be allowed to continue": Declan McCullagh of c|net News.com provides this report.
Posted at 08:30 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Gov't Supports Business in Investor Case" and "Reporters, Family Sue HP in Spy Scheme."
Posted at 08:10 PM by Howard Bashman


"What Happened in Norfolk: Four Navy men who confessed to a 1997 rape and murder now say those confessions were false; The only version of events less plausible than four innocent men signing false confessions could be the state's theory of how they committed the crime." Alan Berlow will have this article (TimesSelect temporary pass-through link) in the August 19, 2007 issue of The New York Times Magazine.

Update: You can now freely access the article at this link.
Posted at 06:00 PM by Howard Bashman



In news from Washington State: The Associated Press reports that "Wash. prosecutor's sexual relations raise ethical questions."
Posted at 05:27 PM by Howard Bashman


The American Bar Association has published the "U.S. Supreme Court Coloring and Activity Book": And for a mere $5.95, you can purchase it, crayons included!

Also, Orin Kerr and I each received the same book in today's mail, "The Party of the First Part: The Curious World of Legalese."
Posted at 04:44 PM by Howard Bashman



Solicitor General's Office files amicus brief in support of affirmance in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.: You can access the amicus brief, filed today in the U.S. Supreme Court, at this link.

Earlier today, WSJ.com's "Law Blog" had a related post titled "Stoneridge: Let 1000 Amici Bloom!"

At "SCOTUSblog," Lyle Denniston has a post titled "Government supports investment banks."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Suspense on Stoneridge is over."
Posted at 03:58 PM by Howard Bashman



"How lawyer navigates sea of secrecy in bizarre case; Among the obstacles: responding to a filing he can't see and writing a brief with none of his notes at hand." Today in The Los Angeles Times, Henry Weinstein has an article that begins, "Oakland lawyer Jon Eisenberg calls the case of Al-Haramain Islamic Foundation v. George W. Bush the strangest he has ever handled. How strange? Eisenberg was required to write one of his briefs in a windowless government office, without notes or lawbooks, under the watchful eye of two federal security guards. When he got hungry, one of the guards brought him a banana. And when he finished, a security official shredded all his drafts -- and even the banana peel, Eisenberg said."
Posted at 12:27 PM by Howard Bashman


"Secret Spying Showdown Hits Federal Appeals Court Wednesday": Ryan Singel has this post at the "Threat Level" blog. In addition, David Kravets has a post titled "Spy Case Judges, All Democrats, To Hear Bush Eavesdropping Case Wednesday."

And online at Wired, Jennifer Granick has an essay entitled "Nation's Soul Is at Stake in NSA Surveillance Case."
Posted at 12:00 PM by Howard Bashman



Happy birthday to Justice Stephen G. Breyer: According to the popular "Today in History" feature from The Associated Press, Justice Breyer celebrates his 69th birthday today.
Posted at 10:52 AM by Howard Bashman


"Judgeships hang on hung Senate; Bipartisanship on nominees is elusive": This article appears today in The Chicago Tribune.

And The Clarion-Ledger of Jackson, Mississippi today contains an article headlined "1994 slur case part of debate on nominee."
Posted at 10:44 AM by Howard Bashman



"Roberts and Alito: An '08 issue?" Carrie Budoff has this report online at The Politico.
Posted at 08:24 AM by Howard Bashman


"Antarctica's Workers Frozen Out of Tax Break by U.S. Courts": Bloomberg News provides this report.

And in related coverage, "TaxProf Blog" has a post titled "Antarctica Is Not a Foreign Country for Tax Purposes."
Posted at 07:52 AM by Howard Bashman



Tuesday, August 14, 2007

"Judge Who Filed Suit Plans to Appeal Defeat; Olive Branch From Cleaners Rejected": This article appears today in The Washington Post.
Posted at 11:37 PM by Howard Bashman


"Despite 11th Circuit Ruling, AT&T Vows to Keep Car Logo; NASCAR lawyer says client hopes to get issue worked out quickly, with AT&T honoring federal appeals court's opinion": law.com provides this report.

My earlier coverage of yesterday's Eleventh Circuit ruling appears at this link.
Posted at 11:25 PM by Howard Bashman



"A fight to give hope to the terminally ill: Patients, advocates want greater access to experimental drugs." James Oliphant had this article yesterday in The Chicago Tribune.
Posted at 11:20 PM by Howard Bashman


The Associated Press is reporting: An article reports that "Court Tosses Out Award in Hanford Case." My earlier coverage of today's Ninth Circuit ruling appears at this link.

And in other news, "Judge Appeals $54M Pants Dismissal."
Posted at 10:40 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained an audio segment entitled "Schools Worry About Fate of Desegregation Efforts."

Today's broadcast of "Day to Day" contained an audio segment entitled "Jose Padilla Trial Winds Down" featuring Dahlia Lithwick.

And today's broadcast of "Morning Edition" contained an audio segment entitled "Comic-Book Store Owner on Trial for Nude Images."

RealPlayer is required to launch these audio segments.
Posted at 10:17 PM by Howard Bashman



In jurisprudence essays available online at Slate: Dahlia Lithwick has an essay entitled "The Worst of Both Worlds: The false choice between treating terrorists as criminals or soldiers."

And Bruce Fein has an essay entitled "Secret Insecurity: Self-serving hush-ups, in Canada and the United States."
Posted at 08:27 PM by Howard Bashman



"Beyond Padilla terror case, huge legal issues; His detention and interrogation in the US raises basic constitutional questions": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 06:05 PM by Howard Bashman


"Pearson to Appeal Pants Verdict": The Washington Post provides a news update that begins, "A day after the dry cleaners he sued tried to make peace, D.C. Administrative Law Judge Roy Pearson filed official notice today that he plans to appeal the verdict against him to the District's highest court."
Posted at 06:03 PM by Howard Bashman


Eighth Circuit decides appeal involving replevin of a historic steam locomotive: You can access today's ruling at this link.
Posted at 05:15 PM by Howard Bashman


Ninth Circuit decides appeal from result of bellwether trial in Hanford Nuclear Facility downwinder litigation: You can access today's lengthy ruling at this link. And additional background on the case is available from the web site Downwinders.com.
Posted at 01:40 PM by Howard Bashman


U.S. citizen who traveled to Iraq in 2003 to act as human shield to deter the bombing of civilian infrastructure facilities avoided death but not taxes: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit rejected the woman's challenge to a civil monetary penalty of $6,700 that the U.S. Treasury assessed for violating regulations that governed what interactions United States citizens could have with Iraq while economic sanctions were in place. You can access today's ruling at this link.
Posted at 01:22 PM by Howard Bashman


When Justice Alito met Judge Ito: According to The Houston Chronicle (second item), it happened last week. The article contains no mention of whether any members of the Ito family use the first name Al.
Posted at 12:22 PM by Howard Bashman


"Prosecutors Turn to Padilla for Closing Arguments": This article appears today in The New York Times.

The Washington Post reports today that "Defense Says Case Against Padilla Is 'Politically Motivated.'"

And in The Miami Herald, Jay Weaver reports that "Padilla is called al Qaeda 'star recruit'; In closing arguments, a prosecutor said former Broward County resident Jose Padilla and two co-defendants talked in code -- using 'football' to mean jihad."
Posted at 10:27 AM by Howard Bashman



"Justice Kennedy wins Bar Association's highest award": Bob Egelko has this article today in The San Francisco Chronicle.

And today in The Los Angeles Times, Henry Weinstein reports that "ABA targets CIA methods, secrets law; The lawyers' group wants Congress to override a Bush order allowing 'enhanced' interrogation methods."
Posted at 10:23 AM by Howard Bashman



Editorials published in The Los Angeles Times: Today's newspaper contains editorials entitled "Don't make investor lawsuits harder: For the good of investors, the Bush administration should stay on the sidelines in a securities fraud lawsuit."

And yesterday's newspaper contained an editorial entitled "Ex-Terminator takes on video games: Gov. Schwarzenegger -- no stranger to making money from violent media -- is appealing a court decision allowing minors to purchase graphic games."
Posted at 10:20 AM by Howard Bashman



"Gonzales could get say in states' executions; Proposed rules would let the attorney general sign off on 'fast tracking' death penalty appeals": This article appears today in The Los Angeles Times.
Posted at 10:11 AM by Howard Bashman


"Fair Pay, the Right Way: The House overcorrects a Supreme Court decision." The Washington Post contains this editorial today.
Posted at 10:07 AM by Howard Bashman


"Source Disclosure Ordered in Anthrax Suit": This article appears today in The Washington Post.

And today in The New York Times, Adam Liptak reports that "5 Reporters Ordered to Testify About Government Sources."

You can access yesterday's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 10:04 AM by Howard Bashman



"Dry Cleaners Cut Plaintiff Some Slack": The Washington Post today contains an article that begins, "The dry cleaners aren't pressing their case against the Pants Judge. In a surprise turn yesterday, the small-business owners sued by D.C. Administrative Law Judge Roy Pearson withdrew their demand that he pay nearly $83,000 for their legal bills, saying that enough money had been raised from supporters to cover the expenses and that they want to end the fighting."
Posted at 10:00 AM by Howard Bashman


"Lawsuits May Illuminate Methods of Spy Program": The Washington Post contains this front page article today.
Posted at 09:57 AM by Howard Bashman


View the "Special Bill of Rights Edition" of Bloggingheads.tv: The segment -- focusing on the First and Second Amendments -- features Law Professors Jack Balkin and Eugene Volokh.
Posted at 09:47 AM by Howard Bashman


Available online from law.com: Tony Mauro has an article headlined "Justice Kennedy to ABA: 'The Work of Freedom Has Just Begun'; Also Monday, delegates acted on resolutions on 'state secrets' privilege and treatment of detainees."

An article reports that "2nd Circuit Upholds Denial of Fees in Forfeiture Suit Involving Couriers." You can access last Friday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

And in news from Pennsylvania, "Court Reverses Suppression of Child Porn Spotted by Circuit City Workers." You can access last Thursday's ruling of the Superior Court of Pennsylvania at this link.
Posted at 09:27 AM by Howard Bashman



"Can This Pig Fly? How A Dentist Assaulted A Patient And Made A Million Dollars." Adam Scales has this essay -- the first in a two-part series -- today at FindLaw.
Posted at 09:14 AM by Howard Bashman


Monday, August 13, 2007

"Reporters Told to Testify in Leak Case": The AP provides a report that begins, "Five journalists must identify the government officials who leaked them details about a scientist under scrutiny in the 2001 anthrax attacks, a federal judge said Monday. U.S. District Judge Reggie B. Walton ordered the reporters to cooperate with Steven J. Hatfill, who accused the Justice Department and FBI of violating the federal Privacy Act by giving the media information about the FBI's investigation of him. The reporters named in the opinion are Michael Isikoff and Daniel Klaidman of Newsweek, Allan Lengel of The Washington Post, Toni Locy, formerly of USA Today, and James Stewart, formerly of CBS News."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 08:55 PM by Howard Bashman



"Kennedy Urges Action Against Injustice": The Associated Press provides a report that begins, "Supreme Court Justice Anthony Kennedy painted a dismal picture of injustice and lack of opportunity in much of the world, then told lawyers Monday that they must do something."
Posted at 08:48 PM by Howard Bashman


"Prosecutor, Chronicle reporter, linked by BALCO, meet at Bar panel": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:45 PM by Howard Bashman


"Clash on wiretaps promises to fester; New law pits privacy vs. national security, worries Feingold": This article appears today in The Milwaukee Journal Sentinel.
Posted at 08:44 PM by Howard Bashman


"Prosecutors Begin Closing in Padilla Trial": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:10 PM by Howard Bashman


In Tuesday's edition of The Christian Science Monitor: Warren Richey will have an article headlined "US Gov't broke Padilla through intense isolation, say experts; Despite warnings, officials used 43 months of severe isolation to force Jose Padilla to tell all he knew about Al Qaeda."

And in other news, "NSA wiretapping trial begins; The federal appeals court in San Francisco holds a hearing Wednesday about a case involving NSA call logs, which were inadvertently provided to lawyers for a Saudi charity."
Posted at 07:04 PM by Howard Bashman



"Rare win in gun case for a felon; Law student wins justification defense in conservative 4th Circuit": Pamela A. MacLean has this article today in The National Law Journal.

My earlier coverage of last week's Fourth Circuit ruling appears at this link.
Posted at 06:07 PM by Howard Bashman



"Secrecy May Shield US Wiretap Program": The Associated Press provides a report that begins, "The Bush administration's warrantless wiretapping program has a built-in feature the Justice Department believes may shield it from ever being challenged as unconstitutional: secrecy. The administration has acknowledged it intercepted some U.S. telephone conversations without warrants as it hunted for terrorists. Whose calls? The government isn't saying. And since only those who were spied on have grounds to sue, it's almost impossible to mount a successful legal challenge."
Posted at 06:00 PM by Howard Bashman


"NASCAR Races Into 11th Circuit; Appellate judges question the need for court to patch up telecom companies' squabble over AT&T car logo": This article appeared earlier this month in the Fulton County Daily Report.

And today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued a decision holding that "AT&T Mobility lacks standing to challenge NASCAR's decision" to preclude "display of the AT&T logo on the #31 Car in NASCAR Cup Series races." You can view the car in question at this link.

The same three-judge panel today also issued an order reminding counsel for AT&T that a petition for rehearing en banc would not be the preferred approach to challenge the panel's interpretation of Georgia law.

In early coverage of today's ruling, NASCAR SceneDaily reports that "NASCAR wins in appeals court vs. AT&T." And The Associated Press reports that "Appeal Favors NASCAR in Burton Dispute."
Posted at 05:54 PM by Howard Bashman



The Circuit Executive's Office of the U.S. Court of Appeals for the Ninth Circuit has a newly redesigned web site: You can access the web site at this link.

Via that web site, you can learn about that court's "Media Conference," forthcoming early next month. Included on the program is a session titled "Bloggers: The New Journalism."
Posted at 03:05 PM by Howard Bashman



When may appellate review be obtained of a federal district court's disparaging remarks about an attorney's performance? The U.S. Court of Appeals for the Federal Circuit issued this ruling today.
Posted at 02:55 PM by Howard Bashman


"Judge delays ruling on Noriega extradition": The Miami Herald provides a news update that begins, "U.S. District Judge William Hoeveler, after hearing arguments Monday on Gen. Manuel Noriega's request to halt his extradition to France after his release from federal prison on Sept. 9, said he would render a decision by next week. Hoeveler said he wanted more time to study the issue, but promised to render a decision on Aug. 24, four days before the former Panamanian dictator's extradition hearing before a U.S. magistrate judge."
Posted at 02:50 PM by Howard Bashman


"Gov't Says Padilla 'Star Recruit'": The Associated Press provides this report.

And The Miami Herald provides this related news update.
Posted at 02:30 PM by Howard Bashman



"Noriega to ask judge to block extradition; Former Panamanian dictator Manuel Antonio Noriega, set to be released from prison next month, will fight his extradition to France in court today": Jay Weaver has this article today in The Miami Herald.

And The Associated Press provides a report headlined "Noriega Return? Panamanians Are Rattled."
Posted at 09:35 AM by Howard Bashman



"Padilla Case Set for Closing Arguments": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

Yesterday in The Miami Herald, Jay Weaver had a news analysis headlined "Closing arguments Monday in Padilla terror trial; Closing arguments begin Monday in the case of the alleged 'dirty bomber' after three months of trial -- and lots of attempts to link defendant Jose Padilla to al Qaeda."

And The Associated Press reports that "Closings Set in Padilla Terror Trial."
Posted at 09:25 AM by Howard Bashman



"Ease access to experimental drugs: The Constitution doesn't guarantee a right to new medicines for the terminally ill, but the FDA could increase availability." This editorial appears today in The Los Angeles Times.
Posted at 08:32 AM by Howard Bashman


"Religion, culture behind Texas execution tally": Reuters provides this report.
Posted at 08:22 AM by Howard Bashman


"Federal Case: On Tribal Land, Tragic Arson Leads to a Life Sentence; Justice Can Be Unequal In Reservation Crimes; Prayers at Sweat Lodge." This front page article appears today in The Wall Street Journal.
Posted at 08:07 AM by Howard Bashman


"The Supreme Court Wreaks Havoc in the Lower Federal Courts--Again": Michael C. Dorf has this essay online today at FindLaw.
Posted at 07:55 AM by Howard Bashman


Available online at Slate: Jack Shafer has a press box essay entitled "The Gas Over Linda Greenhouse: Does a reporter have a duty to appear on C-SPAN?"

And Law Professor Jamin Raskin has a jurisprudence essay entitled "Freer Speech: The lower courts give, as the Supreme Court taketh away."
Posted at 12:44 AM by Howard Bashman



"A Case So Shielded One Side Is in the Dark": Today's installment (TimesSelect temporary pass-through link) of Adam Liptak's "Sidebar" column begins, "Jon B. Eisenberg knows something so secret that the government will let him write it down only in a secure facility. Mr. Eisenberg is suing the government on behalf of clients who say they were illegally wiretapped by the National Security Agency. Yet he was required to write an appellate brief in a government office, supervised by a Justice Department security officer."

Additional information about the case is available via this web page at Electronic Frontier Foundation and via this post from Orin Kerr at "The Volokh Conspiracy."
Posted at 12:27 AM by Howard Bashman



"US terror interrogation went too far, experts say; Reports find that Jose Padilla's solitary confinement led to mental problems": Warren Richey has this article today in The Christian Science Monitor.
Posted at 12:15 AM by Howard Bashman


Philadelphia Phillies 5, Atlanta Braves 3: The Braves botched a double-play attempt in the bottom of the fifth inning, leading to Phillies runners on first and second base with no outs. That set the table for a three-run Ryan Howard home run to left-center, giving the Phillies the lead at 4-2. A strong outing by the Phillies bullpen, which set down the final eight Braves batters in a row, and an insurance run that resulted from a Jimmy Rollins triple followed by a Pat Burrell sacrifice fly in the bottom of the seventh inning after the Braves had narrowed the lead to 4-3, gave the Phillies a 5-3 victory. The game was the twentieth sellout crowd at Citizens Bank Park this season, You can access the box score at this link, while wraps from MLB.com are available here and here.

With the win, the Phillies again leapfrog the Braves for second place in the National League East. However, they Phillies gained no ground on either the division-leading New York Mets or the wild card-leading San Diego Padres.
Posted at 12:12 AM by Howard Bashman



Sunday, August 12, 2007

"Gitmo: Should Doctors Force-Feed Prisoners?" Evan Thomas will have this Periscope item in the August 20, 2007 issue of Newsweek.
Posted at 12:24 PM by Howard Bashman


Bob Egelko is reporting: Yesterday in The San Francisco Chronicle, he had an article headlined "Napa school district changes stripes, amends dress code" that begins, "The school district where a girl was sent to detention for wearing socks with an image of the Winnie-the-Pooh character Tigger announced changes Friday in a middle school's dress code, dropping its insistence on solid colors and its ban on words or symbols on clothing."

And yesterday's newspaper also contained an article headlined "Judges in S.F. tell how controversial rulings bring public backlash."
Posted at 12:11 PM by Howard Bashman



"Breyer Says Last Term Was Difficult": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court's most recent term was a difficult one, Justice Stephen Breyer said Saturday, because he found himself on the losing end of several key cases."

And law.com's Tony Mauro reports that "In Address to ABA, Justice Breyer Reflects on 'Difficult Year.'"
Posted at 12:04 PM by Howard Bashman



"A Landmark Case Foretold?" In the August 13, 2007 issue of CQ Weekly, columnist Kenneth Jost will have this column predicting Justice Anthony M. Kennedy's ruling for the U.S. Supreme Court on whether the Second Amendment confers an individual right to possess handguns.
Posted at 12:00 AM by Howard Bashman


Saturday, August 11, 2007

"Obama Judges a Judge": Sunday in The Washington Post, columnist George F. Will -- who likewise was at Friday night's baseball game in Philadelphia between the Atlanta Braves and the Phillies -- will have this op-ed.
Posted at 11:57 PM by Howard Bashman


"How the Fight for Vast New Spying Powers Was Won": This front page article will appear Sunday in The Washington Post.
Posted at 11:47 PM by Howard Bashman


Atlanta Braves 7, Philadelphia Phillies 5: Adam Eaton tonight continued his efforts to remain in contention for the notable distinction of worst starting pitcher for the Phillies in the 2007 season. The six runs that Eaton surrendered in three plus innings of work proved insurmountable to the Phillies, although the team came close to clawing back into the game several times. You can access the box score at this link, while wraps from MLB.com are available here and here.

Although the loss drops the Phillies into third place in the National League East standings, a half-game behind the Braves, losses by both the New York Mets and the San Diego Padres mean that the Phillies did not lose any ground to the leaders in the division or wild card races. Sunday's series finale is the ESPN Sunday night game, meaning that my summary of that game may not appear here until early Monday morning.
Posted at 11:40 PM by Howard Bashman



"Judge Tries to Avoid Paying Legal Bills Of Cleaners He Sued Over Missing Pants": The Washington Post contains this article today.
Posted at 04:07 PM by Howard Bashman


"Reported Decline in Surveillance Spurred Quick Law": This article appears today in The New York Times.
Posted at 09:55 AM by Howard Bashman


Available online from law.com: An article reports that "Judges on ABA Panel Describe Living in Fear, Years After Unpopular Rulings; Speaking at annual conference, four judges discuss the disruptions and death threats that followed high-profile rulings."

In other news, "Cruise Owners Ride 'Hog' Case Back to Trial Court; Attorneys representing Harley-Davidson say a Virginia couple infringed on the motorcycle company's HOG copyright." My earlier coverage of last week's Seventh Circuit ruling appears at this link.

Pamela A. MacLean reports that "4th Circuit Lifts Sanction Against Lawyers Who Peeked at Juror Notes." You can access Tuesday's Fourth Circuit ruling at this link.

In news from Florida, "Federal Judge Accused of Religious Bias."

And the brand new installment of my "On Appeal" column is headlined "Needed: More Online Access to Federal Court Rulings."
Posted at 09:50 AM by Howard Bashman



Friday, August 10, 2007

Philadelphia Phillies 5, Atlanta Braves 4: My son and I were at Citizens Bank Park this evening to see the first of a three game series between the Braves and the Phillies.

Each team scored four runs on five hits in the first inning, with each sending nine men to the plate in that inning. Yet from that point forward, each team's starting pitcher held the other team hitless and scoreless until departing from the game. Phillies starting pitcher Cole Hamels stayed in the game one inning longer than the Braves starting pitcher, and that enabled Hamels to earn his thirteenth victory of the season as the Phillies rallied for an unearned run off of Braves reliever Peter Moylan in the bottom of the seventh inning. Despite some tense moments, the Phillies bullpen managed to keep the Braves off the board for the final two innings to notch the victory. You can access the box score at this link, while wraps from MLB.com are available here and here.

With the win, the Phillies move into second place in the National League East, just three games behind the New York Mets. And the Phillies remain one game out of the lead for the National League Wild Card spot, behind the San Diego Padres. My son and I also have tickets to the remaining two games in this series, so stay tuned for additional updates.
Posted at 11:58 PM by Howard Bashman



"Supreme Court Allows Detainee Transfer": The Associated Press provides a report that begins, "The Supreme Court said Friday it would not prevent the U.S. from transferring an Algerian army veteran from Guantanamo Bay to his home country."
Posted at 04:12 PM by Howard Bashman


"To the extent our cases have predicated the reasonableness of an airport screening search upon either ongoing consent or irrevocable implied consent, they are overruled." So holds a fifteen-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit in a decision issued today.

I too have criticized the implied consent approach to determining whether a search preceding entry into a place of public accommodation is reasonable.
Posted at 01:38 PM by Howard Bashman



Let's hope in something other than the stock market given its performance over the past few days: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued a news release entitled "Judge N. Randy Smith Invested."
Posted at 01:32 PM by Howard Bashman


Fancy new stadiums for professional sports teams are expensive: That's one lesson to be learned from this decision that the U.S. Court of Appeals for the Eighth Circuit issued today, involving the Des Moines Menace Soccer Club.
Posted at 12:40 PM by Howard Bashman


"New Right to Life": Today in The Wall Street Journal, Roger Pilon has an op-ed that begins, "The wheels of justice turn slowly, especially for the dying. On Tuesday the D.C. Circuit, sitting en banc, reversed a 15-month-old decision by a panel of the court that had recognized a constitutional right of terminally ill patients to access potentially life-saving drugs not yet finally approved by the Food and Drug Administration." The text of the op-ed is also available, subscription-free, at this link.
Posted at 12:33 PM by Howard Bashman


"The Greenhouse Effect: Hurricane Linda blows C-SPAN cameras away." Gal Beckerman has this report today at the web site of the Columbia Journalism Review. More information about the program in question can be accessed on page 9 of this PDF document.
Posted at 12:17 PM by Howard Bashman


The weight of precedent: We admire appellate judges who are phat, but what about appellate judges who are merely fat?

In his blog post titled "Social Obesity" this week at "The Becker-Posner Blog," Seventh Circuit Judge Richard A. Posner writes, "In my own ingroup of 16 judges (11 active members of my court, 4 senior members, and 1 nominee, who will replace an active member who will be taking senior status), only 2 are overweight (12.5 percent)."
Posted at 11:20 AM by Howard Bashman



"Prepping the Court on the Second Amendment": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:27 AM by Howard Bashman


Sixth Circuit refuses to allow officials to pursue an interlocutory appeal from the denial of qualified immunity where the denial occurred in the context of a ruling on the plaintiffs' motion for summary judgment: For whatever reason, the defendant-officials had failed to file their own motion for summary judgment asserting qualified immunity. You can access today's ruling at this link.
Posted at 10:22 AM by Howard Bashman


Sixth Circuit holds that district court permissibly refused to reopen time to file appeal for clients of lawyer who sought speedy district court ruling but then failed to monitor the district court's electronic docket to see whether the ruling had issued: Electronic case filing in the federal trial courts not only offers advantages, but also disadvantages, as this ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today demonstrates.
Posted at 10:15 AM by Howard Bashman


"Cop writes a ticket for giant sausage": The Chicago Tribune today contains an article that begins, "A massive hot dog clogged Chicago's main artery Thursday morning. In a rare occurrence of an encased-meat vehicle committing a traffic violation, Chicago police ticketed the Oscar Mayer Wienermobile for illegal parking on the Magnificent Mile."

And in other coverage, The Chicago Sun-Times today contains an article that begins, "This hot dog had everything on it -- including a parking ticket."
Posted at 10:12 AM by Howard Bashman



"Deported Canadian Was No Threat, Report Shows": The New York Times today contains an article that begins, "Canadian intelligence officials anticipated that the United States would ship Maher Arar, a Syrian-born Canadian who was detained in New York in 2002 on suspicion of terrorism, to a third country to be tortured, declassified information released on Thursday shows. Mr. Arar was sent by American intelligence officials in October 2002 to Syria, where he was tortured and jailed for a almost a year. Last September, an extensive Canadian inquiry concluded that the terrorism accusations against him were groundless."

Today in The New York Sun, Joseph Goldstein has an article headlined "Documents: CIA Involved In a Deportation to Syria."

And The Toronto Globe and Mail contains articles headlined "Arar tortured after RCMP handed files over to CIA"; "Tories take heat for trying to keep lid on facts; Government officials won't name cabinet ministers responsible for decision to cite national security, but say Harper was not involved"; "RCMP misled court in seeking phone warrant, judge found; Case naming El Maati lacked full context, O'Connor wrote in censored section"; "Unclear who in government knew about CSIS torture concerns"; "In intelligence work, foreign spies are kept under cover"; and "Iacobucci inquiry faces challenge; Three men imprisoned in Middle East question secretive process of probe." In addition, John Ibbitson has an essay entitled "Ottawa sacrificed Arar to save face with U.S., Syria."

Last night, I linked here to various portions of the report.
Posted at 08:35 AM by Howard Bashman



"Lawyers for Guantanamo detainees challenge warrantless wiretap law": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:15 AM by Howard Bashman


"Rep. Jefferson's Papers: A court's sensible compromise on the searching congressional offices." The Washington Post contains this editorial today.
Posted at 08:12 AM by Howard Bashman


"Detainees Ruled Enemy Combatants": This article appears today in The Washington Post.
Posted at 08:08 AM by Howard Bashman


"Federal Effort on Web Obscenity Shows Few Results": Neil A. Lewis has this article today in The New York Times.
Posted at 08:07 AM by Howard Bashman


"Time Warner Wins Advertising Decision Vs. DirecTV": This article appears today in The New York Sun.

And Reuters reports that "U.S. court upholds ban on some DirecTV ads."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:05 AM by Howard Bashman



On this date in 1993: According to the popular "Today in History" feature from The Associated Press, on this date in 1993, "Ruth Bader Ginsburg was sworn in as the second female justice on the U.S. Supreme Court."
Posted at 08:02 AM by Howard Bashman


"High Court Reins in Class-Action Suits": Pete Yost of The Associated Press provides a report that begins, "A business-friendly Supreme Court, with encouragement from the Bush administration, has strengthened the hand of companies wanting to turn away lawsuits by investors who claim they lost money because of corporate misconduct."
Posted at 07:58 AM by Howard Bashman


"Barney Frank's Muse": The Wall Street Journal today contains an editorial that begins, "Barney Frank is a busy guy, so we suppose it's no great surprise that he used a ghost writer for his recent Supreme Court amicus brief in a big securities tort case. Imagine our surprise, however, to learn that the ghost is none other than tort kingpin Bill Lerach's favorite lobbying outfit."
Posted at 07:50 AM by Howard Bashman


"The So-Called Protect America Act: Why Its Sweeping Amendments to the Foreign Intelligence Surveillance Act Pose Not Only a Civil Liberties Threat, But a Greater Danger As Well." John W. Dean has this essay online at FindLaw.
Posted at 07:33 AM by Howard Bashman


Thursday, August 09, 2007

"Eavesdropping Law Illegal, Lawyers Say": The Associated Press provides a report that begins, "Lawyers for Guantanamo Bay detainees asked a federal judge Thursday to invalidate a days-old law that lets government agents eavesdrop on suspected terrorists without first getting court-approved warrants."
Posted at 11:20 PM by Howard Bashman


"2nd Circuit Sorts Out 'Truth' From 'Puffery' in Advertising Dispute; Decision provides 'clarifications' to federal appeals court's 'false advertising doctrine'": law.com provides this report.

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 11:15 PM by Howard Bashman



"Court lifts lid on secret Arar details": The Toronto Globe and Mail provides a news update that begins, "Newly declassified information shows that that Canadian agencies worked directly with the U.S. Central Intelligence Agency and also received information known to be likely derived from Syrian torture during a post-9/11 investigation that culminated in the Maher Arar scandal."

The newspaper has posted the report online in four parts: here; here; here; and here.
Posted at 08:04 PM by Howard Bashman



"Pentagon Calls Suspects Enemy Combatants": The Associated Press provides a report that begins, "The 14 so-called 'high-value' detainees who were transferred from secret CIA prisons to Guantanamo Bay, Cuba, last year have all been declared enemy combatants and are subject to trial. The Pentagon announced the declarations Thursday."

And CNN.com reports that "Alleged 9/11 mastermind, 13 others closer to U.S. military trial."

You can access today's Pentagon news release at this link.
Posted at 03:00 PM by Howard Bashman



"This case presents a question of first impression in this circuit: is it a violation of the Fourth Amendment's prohibition on unreasonable searches and seizures to require an individual on supervised release to provide a blood sample for purposes of creating a DNA profile and entering it into a centralized database?" The majority on a divided three-judge First Circuit panel today joins with eleven other circuits in rejecting a Fourth Amendment challenge to the DNA Analysis Backlog Elimination Act of 2000. You can access today's ruling, and the dissent therefrom, at this link.
Posted at 02:54 PM by Howard Bashman


"We write in the hope of heading off what is assuming the proportions of an avalanche of utterly groundless sentencing appeals." So writes Circuit Judge Richard A. Posner today in this opinion issued on behalf of a unanimous three-judge Seventh Circuit panel.
Posted at 02:48 PM by Howard Bashman


"Petition for Rehearing En Banc in Warshak v. United States": Orin Kerr has this post at "The Volokh Conspiracy" linking to the federal government's petition for rehearing en banc.

My initial coverage of the Sixth Circuit's ruling in this case can be accessed here.
Posted at 11:24 AM by Howard Bashman



Second Circuit decides appeal in Lanham Act false advertising lawsuit initiated by Time Warner Cable against DIRECTV challenging DIRECTV's suggestion that its high-definition television transmissions were superior in quality to HDTV transmitted by a cable provider: The second paragraph of today's ruling states:
This appeal requires us to clarify certain aspects of our false advertising doctrine. We make three clarifications in particular. First, we hold that an advertisement can be literally false even though it does not explicitly make a false assertion, if the words or images, considered in context, necessarily and unambiguously imply a false message. Second, we decide that the category of non-actionable "puffery" encompasses visual depictions that, while factually inaccurate, are so grossly exaggerated that no reasonable consumer would rely on them in navigating the marketplace. Third, we conclude that the likelihood of irreparable harm may be presumed where the plaintiff demonstrates a likelihood of success in showing that the defendant's comparative advertisement is literally false and that given the nature of the market, it would be obvious to the viewing audience that the advertisement is targeted at the plaintiff, even though the plaintiff is not identified by name. Reviewing the District Courtís decision under these principles, we affirm in part, vacate in part, and remand for further proceedings consistent with this opinion.
Among the advertisements challenged as false are two television spots, one featuring Jessica Simpson, and the other featuring William Shatner.
Posted at 11:15 AM by Howard Bashman


May a defendant's prior conviction for possession of a sawed-off shotgun serve as a predicate "violent felony" for purposes of a sentencing enhancement under the Armed Career Criminal Act? Today, the majority on a divided three-judge Sixth Circuit panel answers "no" in a decision that you can access here.
Posted at 09:50 AM by Howard Bashman


"'Absurd' case? Prosecutors think not; A retrial is planned despite a scathing appeals court ruling." This article appears today in The St. Petersburg Times.

And in related coverage, the newspaper has previously published articles headlined "Man with prescription may get new drug trial; Judge calls the prosecution's stance absurd"; "Freed man still in limbo; He awaits the state attorney's decision on whether he'll be tried again on drug charges"; and "After 2 years in prison, a man is free - maybe; Prosecutors may retry him for having 58 pills," along with an editorial entitled "The nonsensical trial over 58 Vicodin pills."

You can access last month's ruling of Florida's Second District Court of Appeal at this link.
Posted at 08:54 AM by Howard Bashman



"Going past domestic partnership: The same-sex unions law I wrote was never supposed to be an excuse not to legalize marriage for all." Today in The Los Angeles Times, Jackie Goldberg has an op-ed that begins, "Several weeks ago, the California Supreme Court set keyboards a-clacking in the offices of attorneys representing gay and lesbian couples seeking the right to marry. The court, which is considering their challenge to laws barring same-sex couples from marrying, asked for briefs addressing essentially this issue: Why are domestic-partner laws not enough?"
Posted at 08:45 AM by Howard Bashman


"Congress and the courts": Darin R. Bartram has this op-ed today in The Washington Times.
Posted at 08:35 AM by Howard Bashman


"Terror Case Takes Winding Path in 2 Nations' Courts": This article appears today in The New York Times.
Posted at 08:10 AM by Howard Bashman


"Hurdles Frustrate Effort to Shrink Guantanamo": The New York Times contains this article today.
Posted at 08:05 AM by Howard Bashman


"Bill Jefferson's Constitution: The separation of powers protects Congress too." This editorial appears today in The Wall Street Journal.

And The Los Angeles Times today contains an editorial entitled "Congressional privilege has its limits: A ruling protects members of Congress from unreasonable searches, but it's not a 'get out of jail free' card."
Posted at 08:00 AM by Howard Bashman



"Red Cross Is Sued by J&J Over Signature Emblem": The Wall Street Journal today contains an article that begins, "Johnson & Johnson filed suit against the American Red Cross and some of its licensing partners claiming the charity misused the cross design that is its signature emblem, which also appears on J&J's first-aid kits and bandages."

And The New York Times reports today that "Johnson & Johnson Sues Red Cross Over Symbol."
Posted at 07:58 AM by Howard Bashman



"The U.S. Court of Appeals for the Ninth Circuit Rightly Holds that Existing Customers Must be Notified When a Company Changes Their Contract Terms": Anita Ramasastry has this essay online at FindLaw.
Posted at 07:44 AM by Howard Bashman


Wednesday, August 08, 2007

"Attitudes on gays in military shifting; The Pentagon and Congress have begun to soften their rhetoric on the controversial policy known as 'don't ask, don't tell'": This article will appear Thursday in The Los Angeles Times.
Posted at 10:54 PM by Howard Bashman


Available online from law.com: An article reports that "A Year Later, Police Still Don't Know Who Killed D.C. Lawyer; GC Robert Wone was found stabbed to death in Arent Fox partner's Washington, D.C., home."

In other news, "2nd Circuit Rebukes Arbitration Panel for Limiting Fee Award." My earlier coverage of yesterday's Second Circuit ruling appears at this link.

And an article is headlined "Where Have All the Securities Class Actions Gone? It's the end of an era: Securities class actions are way down, and the practice shows little sign of recovering."
Posted at 10:40 PM by Howard Bashman



Available online at Reason: Radley Balko has an essay entitled "Getting Beyond Roe: Why returning abortion to the states is a good idea."

And Jacob Sullum has an essay entitled "They Can Hear You Now: Congress protects America from privacy."
Posted at 10:28 PM by Howard Bashman



"In Gonzo We Trust: They want to fire Alberto Gonzales and give him new eavesdropping powers?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 03:37 PM by Howard Bashman


"Mo. Executions Could Resume After Ruling": The Associated Press provides this report.
Posted at 03:28 PM by Howard Bashman


"Alito Reflects on His Role on the High Court": law.com's Tony Mauro provides this report.
Posted at 03:20 PM by Howard Bashman


A loss-supervisor at a Target store in Champaign, Illinois, while watching the real-time video feeds from the store's exterior surveillance cameras, sees a man and a woman in a car who appear to be having sex: What happens next gives rise to a federal civil rights lawsuit that produced an appeal which the U.S. Court of Appeals for the Seventh Circuit decided today. You can access today's ruling at this link.
Posted at 03:10 PM by Howard Bashman


"5 Hawaiians' lawsuit against OHA back on": The Honolulu Advertiser today contains an article that begins, "A group of five Native Hawaiians who want the Office of Hawaiian Affairs to spend most of its money on people with 50 percent Hawaiian blood or more will get another day in court. A panel of the 9th U.S. Circuit Court of Appeals in San Francisco yesterday ordered U.S. District Judge Susan Oki Mollway to hear the case in her Honolulu court after she rejected it last year."

And The Associated Press provides this coverage.

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:00 PM by Howard Bashman



"Pepperdine Univ. Discussion with Justice Alito on Supreme Court Arguments": If you weren't riveted to C-SPAN last night, you probably missed seeing this quite interesting program (RealPlayer required). As noted in this press release, Justice Samuel A. Alito, Jr. is currently at Pepperdine University School of Law to teach a class in Advanced Constitutional Law.
Posted at 11:48 AM by Howard Bashman


Isotopes on appeal: I'm not referring to the Albuquerque Isotopes, the AAA Pacific Coast League affiliate of the Florida Marlins.

Rather, today the U.S. Court of Appeals for the Sixth Circuit decided a dispute between the United States and Russia over non-radioactive isotopes that allegedly had been stolen from Russia and transported to Canada before being shipped from Canada to a company based in Southgate, Michigan. Today's ruling provides a partial victory for Russia on appeal.
Posted at 10:23 AM by Howard Bashman



"Supreme Court may consider part-timers' Save Our Homes suit": The Tallahassee Democrat yesterday published an article that begins, "Florida's controversial property-tax cap for residents is finally drawing more than just sharp words from part-timers paying higher taxes for their beachfront homes."
Posted at 09:08 AM by Howard Bashman


"Beloved courthouse jester Sy Gaer dies at 75; Longtime defense attorney Sy Gaer died at 75, leaving Miami's criminal courthouse in mourning": This obituary appears today in The Miami Herald.
Posted at 08:54 AM by Howard Bashman


"Court denies test drugs to dying patients; Terminally ill people do not have the right to get unapproved, potentially lifesaving treatments, an appeals panel rules": David G. Savage has this article today in The Los Angeles Times.

My earlier coverage of yesterday's en banc D.C. Circuit ruling appears at this link.
Posted at 08:47 AM by Howard Bashman



"Swapping votes on Web is ruled as free speech; Appeals court OKs site that connected Nader, Gore backers": Bob Egelko has this article today in The San Francisco Chronicle.

My earlier coverage of Monday's Ninth Circuit ruling appears at this link.
Posted at 08:40 AM by Howard Bashman



"Backlash Hits Annuities Tied To Stock Market; Wave of Lawsuits Take Aim At Sales Practices, Suitability Of Equity-Indexed Products": An article in today's edition of The Wall Street Journal reports that, "In the biggest such case, the Eighth U.S. Circuit Court of Appeals in St. Louis last month upheld the class-action status of a lawsuit that covers more than 400,000 investors who bought equity-indexed annuities from Allianz Life Insurance Co. of North America, a unit of Munich-based Allianz SE and the top seller of this type of annuity in the U.S."
Posted at 08:00 AM by Howard Bashman


"Why The Reporter's Shield Law Pending Before Congress Should Be Approved, But Not Before the Blogger-as-Reporter Issue Is Expressly Addressed": Julie Hilden has this essay online at FindLaw.
Posted at 07:45 AM by Howard Bashman


Tuesday, August 07, 2007

"Vacancies Whittle Away Right's Hold On Key Court": This front page article about the U.S. Court of Appeals for the Fourth Circuit will appear Wednesday in The Washington Post.
Posted at 11:44 PM by Howard Bashman


"Court Rejects Patient Right to Use Drugs Being Tested": The New York Times on Wednesday will contain this article.

My earlier coverage of today's en banc D.C. Circuit ruling appears at this link.
Posted at 10:40 PM by Howard Bashman



"Litigious Judge's Future Unclear; Plaintiff in D.C. Pants Lawsuit May Not Be Reappointed": This article will appear Wednesday in The Washington Post.
Posted at 10:38 PM by Howard Bashman


This appeal "requires us to consider an issue on which other circuits have split and ours has not yet explicitly spoken: whether juvenile adjudications constitutionally may be used as predicate convictions to support an ACCA enhancement." A unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit today issued this decision permitting juvenile adjudications to be used as predicate convictions to support an increased sentence under the federal Armed Career Criminal Act.
Posted at 05:14 PM by Howard Bashman


"Court Rules Out Terminally Ill for Tests": The Associated Press provides a report that begins, "Terminally ill patients do not have a constitutional right to be treated with experimental drugs, even if the medicine is not likely to be approved before they are dead, a divided federal appeals court said Tuesday."

And at "SCOTUSblog," Lyle Denniston has a post titled "New limit on rights of the dying heads to Court."
Posted at 04:14 PM by Howard Bashman



"Under the California Constitution's liberty of speech clause, should we review the constitutionality of an ordinance that sets closing times for adult entertainment establishments under strict scrutiny, intermediate scrutiny, or some other standard?" A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued an order certifying that question for resolution by the Supreme Court of California.
Posted at 03:58 PM by Howard Bashman


Horsemeat and the standards for an injunction pending appeal: The lone remaining plant in the United States that slaughtered horses to make horsemeat for human consumption was based in Illinois, and the company brought suit in federal court to challenge the constitutionality of a recent amendment to the Illinois Horse Meat Act, making it unlawful for any person in the state to slaughter a horse for human consumption.

An Illinois federal district court rejected a challenge, but today a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision explaining why it has ordered a stay of enforcement of the Illinois law pending resolution of the merits of the appeal. Circuit Judge Richard A. Posner issued the majority opinion, in which Circuit Judge Ilana Diamond Rovner joined. Chief Judge Frank H. Easterbrook, by contrast, voted nay on the injunction pending appeal.
Posted at 03:30 PM by Howard Bashman



Unanimous three-judge Second Circuit panel overturns as contrary to law a NASD arbitration panel's limited award of attorneys' fees to a prevailing age discrimination claimant: The claimant had challenged the award of fees as too low and contrary to law, and today the Second Circuit agrees. What makes today's decision noteworthy is how infrequently challenges to arbitral awards succeed in court.
Posted at 11:44 AM by Howard Bashman


In Abigail Alliance case, en banc D.C. Circuit holds that the Constitution does not provide terminally ill patients a right of access to experimental drugs that have passed limited safety trials but have not been proven safe and effective: You can access today's en banc ruling at this link.

In today's 8-2 ruling, the two dissenters were in the majority in the original three-judge panel's 2-1 ruling that recognized a substantive due process right for a mentally competent, terminally ill adult patient to access potentially life-saving post-Phase I investigational new drugs, upon a doctor's advice, even where that medication carries risks for the patient. The dissenting judge on the original three-judge panel wrote today's majority en banc decision. My earlier coverage of the three-judge panel's ruling can be accessed here.

The Abigail Alliance case is also noteworthy because it altered the manner in which the D.C. Circuit announces the entry of orders granting rehearing en banc, as detailed in this earlier post.
Posted at 10:15 AM by Howard Bashman



"White House Challenges Critics on Spying": This article appears today in The New York Times, along with a news analysis headlined "Bush Still Wields the Threat of Terrorism." The newspaper also contains an editorial entitled "The Fear of Fear Itself."

The Los Angeles Times today contains an article headlined "Bush administration defends spy law; The White House rejects claims that the new measure allows electronic 'drift nets' to snare U.S. citizens" and an editorial entitled "The politics of fear: Democrats wary of being tagged as soft on terrorism caved in on an unacceptable surveillance law."

The Washington Post reports that "Same Agencies to Run, Oversee Surveillance Program."

And The Boston Globe contains an editorial entitled "All tapped out on civil liberties?"
Posted at 09:20 AM by Howard Bashman



"California video game law blocked by judge; State ban on sales to minors called unconstitutional": Edwin Garcia and Howard Mintz have this article today in The San Jose Mercury News.

And The San Francisco Chronicle reports today that "State ban overturned on violent video game sales to minors."

You can access yesterday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 09:04 AM by Howard Bashman



"Court OKs Vote-Swapping Sites": The Associated Press provides a report that begins, "California wrongly shut down Web sites that brokered vote trading between backers of 2000 presidential candidates Al Gore and Ralph Nader days before the closest presidential election in U.S. history, a federal appeals court ruled Monday."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 09:00 AM by Howard Bashman



"Google Maps redraw the realm of privacy; As street-level photos are added to the site, fears of intrusion arise": This article appears today in The Los Angeles Times.
Posted at 08:52 AM by Howard Bashman


"Milberg Weiss loses bid to dismiss fraud charges; A judge rejects the law firm's contention that it didn't illegally pay kickbacks to plaintiffs": The Los Angeles Times contains this article today.
Posted at 08:50 AM by Howard Bashman


"Democrats happy to let Gonzales dangle; They feel that if the attorney general remains in office, voters are likely to focus on Bush in 2008, not the GOP nominee": This article appears today in The Los Angeles Times.
Posted at 08:44 AM by Howard Bashman


"Gitmo Inmate Wants to Stay Put": The Associated Press provides this report.
Posted at 08:40 AM by Howard Bashman


"Poisonous Choices, Women at Risk": Today in The New York Times, columnist Judith Warner has an op-ed (TimesSelect temporary pass-through link) that begins, "When the Supreme Court voted 5 to 4 to uphold the federal Partial-Birth Abortion Ban Act this spring, the ambivalently pro-choice public was largely quiescent, believing, as Congress had previously ruled, that the procedure was 'gruesome and inhuman,' medically unnecessary, highly controversial in the medical community and so rare as to be little missed."
Posted at 08:33 AM by Howard Bashman


"Phone import ban against Qualcomm upheld; Rival Broadcom calls decision a victory for patent holders": This article appears today in The San Diego Union-Tribune.

The New York Times reports today that "U.S. Supports Patent Ruling in a Setback for Qualcomm."

And The Wall Street Journal reports that "Bush Administration Upholds Ban On Phones With Qualcomm Chips; Patent Win for Broadcom Could Disrupt Rollouts By Sprint, Other Carriers."
Posted at 08:25 AM by Howard Bashman



"$1.5 Billion Verdict Against Microsoft Is Set Aside": The New York Times today contains an article that begins, "A federal district court judge delivered a major setback to Alcatel-Lucent on Monday by setting aside a juryís $1.5 billion judgment against Microsoft in a patent infringement lawsuit over digital music technology. Alcatel-Lucent's lawsuit against Microsoft had produced the largest patent judgment on record."

The Los Angeles Times reports today that "Microsoft prevails over Alcatel in MP3 patent case; A court win by Alcatel is reversed, freeing many companies from digital music liability."

The Wall Street Journal reports that "Microsoft Damage Award Voided."

The Times of London reports that "Alcatel-Lucent to appeal Microsoft fine u-turn; French telecoms equipment maker argues that jury's original $1.5bn fine should have stood in MP3 patent case."

Bloomberg News reports that "Microsoft Judge Negates Alcatel-Lucent MP3 Patent Win."

And Reuters reports that "Judge overturns $1.5 bln ruling against Microsoft."

You can access yesterday's ruling of the U.S. District Court for the Southern District of California at this link.
Posted at 08:22 AM by Howard Bashman



"McCain Bids for an Issue on Property; Declares Eminent Domain Deserves the Spotlight": This article appears today in The New York Sun, along with a related editorial entitled "McCain's Constitution."
Posted at 07:48 AM by Howard Bashman


"An Ohio Supreme Court Case Interprets the State's Anti-Same-Sex-Marriage Amendment: How the Court Protected Unmarried, Cohabiting Couples from Domestic Violence Despite the Amendment." Joanna Grossman has this essay online today at FindLaw.
Posted at 07:45 AM by Howard Bashman


Monday, August 06, 2007

"Lawyer's Wife Pleads for Killer to Step Forward": The Washington Post on Tuesday will contain an article that begins, "Speaking publicly for the first time since her husband's slaying a year ago, Kathy Wone issued a slow and deliberate message yesterday to whoever killed him: It will be easier if you turn yourself in now."

The article goes on to report that "D.C. police have not made any arrests in the slaying of prominent lawyer Robert Wone, who was killed late on Aug. 2, 2006, while staying overnight at a friend's home near Dupont Circle. Wone, 32, was stabbed three times in the chest with a butcher knife that came from the kitchen, police said."
Posted at 11:32 PM by Howard Bashman



Available online from law.com: An article reports that "NASCAR Races Into 11th Circuit; Appellate judges question the need for court to patch up telecom companies' squabble over AT&T car logo."

And in other news, "Ga. Attorney General to Defend Sex Offender Law on Two Legal Fronts."
Posted at 11:25 PM by Howard Bashman



"The Limits of Anti-Kelo Legislation: Reformers are trying to outlaw eminent domain abuse; But will the laws they're passing be effective?" Ilya Somin has this essay online at Reason.
Posted at 08:10 PM by Howard Bashman


"Plaintiffs are homeowners who sued their insurers, alleging that their homes were totally destroyed in Hurricanes Katrina and/or Rita." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.

The homeowners sued, seeking to recover the full value of their homes as stated in their policies, arguing that Louisiana law requires an insurer to pay the agreed face value when the property is rendered a "total loss," even if the "total loss" is due to an excluded peril, so long as a covered peril causes some damage, no matter how small, to the property. Today's ruling affirms a federal district court decision holding that the Louisiana law in question does not apply when a total loss does not result from a covered peril. Today's decision represents another significant hurricane-related appellate victory for the insurance companies.
Posted at 03:55 PM by Howard Bashman



Don't discount the justification defense to being a felon in possession of a firearm: A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this interesting ruling today.
Posted at 03:33 PM by Howard Bashman


"Confidence Man: The FISA Bill and The Real Reason Gonzales Needs To Go." Benjamin Wittes has this essay online today at The New Republic.
Posted at 02:52 PM by Howard Bashman


Unanimous three-judge Ninth Circuit panel holds that, in 2000, California's secretary of state violated the First Amendment when he threatened to prosecute the owners of web sites that encouraged people to "swap" their votes to improve the chances of a Democratic presidential victory: You can access today's ruling at this link. The panel also unanimously holds that the official in question is entitled to qualified immunity because the constitutionality of halting vote swapping was not clearly established in 2000.

Update: Law Professor Rick Hasen offers these thoughts on the ruling at his "Election Law" blog.
Posted at 02:25 PM by Howard Bashman



"Gang May Reunite for Deal on Southwick": Roll Call today contains an article (paid subscription required) that begins, "As Republican Senators prepare for a possible September standoff with Democrats over their choice for the 5th U.S. Circuit Court of Appeals, the remaining members of the bipartisan 'Gang of 14' say they may have to come together to help referee the fight."
Posted at 08:54 AM by Howard Bashman


Available online from law.com: An article reports that "Judge Who Sued Over Lost Pants May Now Lose Reappointment."

In other news, "Californian Can Be Sued in N.J. for Alleged Libel on Internet." You can access last Thursday's ruling of the Superior Court of New Jersey, Appellate Division, at this link.

An article is headlined "N.J. Appeals Court: Client's Illegitimate Purpose Isn't Necessarily the Lawyer's." You can access last Wednesday's non-precedential ruling of the Superior Court of New Jersey, Appellate Division, at this link.

And today's installment of my "On Appeal" column is headlined "Rx for the Chief Justice: More Work, Less Play."
Posted at 08:50 AM by Howard Bashman



"Selective Prosecution": The New York Times today contains an editorial that begins, "One part of the Justice Department mess that requires more scrutiny is the growing evidence that the department may have singled out people for criminal prosecution to help Republicans win elections."
Posted at 08:42 AM by Howard Bashman


"Immigrants are 'persons' too: A judge's ruling against a town's anti-immigrant measures is welcome, but points to ongoing federal failure." The Los Angeles Times contains this editorial today.
Posted at 08:40 AM by Howard Bashman


"Bush Signs Law to Widen Legal Reach for Wiretapping": This article appears today in The New York Times.

Today in The Boston Globe, Charlie Savage reports that "New law expands power to wiretap; Diminishes oversight of NSA spy program."

USA Today reports that "New law widens government's right to listen in; Bush says it closes intelligence gap; Democrats see threat to civil rights."

The Washington Times reports that "Bush signs surveillance expansion."

And The Washington Post contains an editorial entitled "Warrantless Surrender: Congress is stampeded into another compromise of Americans' rights."
Posted at 08:27 AM by Howard Bashman



"Va. Lawyer Was at Fore of Attack on Segregation": The Washington Post today contains a front page obituary that begins, "Oliver W. Hill, 100, a Virginia lawyer who helped overturn legal segregation in his native state and was one of the country's foremost civil rights defenders during a six-decade career, died yesterday at his home in Richmond."

The Richmond Times-Dispatch today contains this obituary, along with articles headlined "Hill fought long battle to make America live up to its promise" and "Hill's kindness, strength recalled; He was also a major role model for generations of black leaders and others" and a related editorial.

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Civil Rights Lawyer Oliver Hill Dies at 100" (RealPlayer required).
Posted at 08:23 AM by Howard Bashman



"The Executioner's Hood": This editorial appears today in The New York Times.
Posted at 08:07 AM by Howard Bashman


"Putting the Government's Words in the Doctor's Mouth": You can access today's installment of Adam Liptak's "Sidebar" column at this link (TimesSelect temporary pass-through link).
Posted at 08:04 AM by Howard Bashman


Sunday, August 05, 2007

"FISA Primer: Details of the Surveillance Bill." This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:42 PM by Howard Bashman


"Roberts' fall lures chief-peepers to summer destination; The chief justice kept a low profile, but his seizure put Port Clyde in the spotlight": This article appears today in The Maine Sunday Telegram.

The Associated Press reports that "Port Clyde Found Itself In National Spotlight Again."

The Beaumont (Tex.) Enterprise reports today that "Epileptics slowly overcome stigma of disease."

And Steve Stewart's column today in The Decatur (Ala.) Daily is headlined "News breaks out, and it's back to work." The column begins, "Jan Crawford Greenburg moved at a lightning pace after her July 28 book signing at Brewer High School, Ronnie Thomas reports."
Posted at 08:37 PM by Howard Bashman



"Year Later, Lawyer's Slaying Still Shrouded in Mystery; Widow to Plead for Witnesses to Speak Out on Husband's Death in Attempt to Raise Investigation's Profile": The Washington Post today contains an article that begins, "The wife of a prominent lawyer slain last summer inside a townhouse near Dupont Circle plans to issue a public appeal tomorrow for witnesses to come forward in a case that police say has been plagued by a lack of cooperation. D.C. police have yet to make any arrests in the slaying of Robert Wone, who was killed late Aug. 2, 2006 while staying overnight at a friend's home. Wone, 32, was stabbed three times in the chest with a butcher knife that came from the kitchen, police said."

My earliest coverage of this matter appeared in this post from August 2006.
Posted at 06:00 PM by Howard Bashman



"Does the Bible have a place in public schools? New legal mandates and the rise of two national curricula are driving a surge in the number of classes -- and the debate over how they're taught." The Los Angeles Times contains this article today.
Posted at 05:50 PM by Howard Bashman


"House Approves Wiretap Measure; White House Bill Boosts Warrantless Surveillance": This front page article appears today in The Washington Post.

The New York Times reports today that "House Approves Changes in Eavesdropping."

And The Associated Press reports that "Bush Signs Terrorism Law."
Posted at 05:45 PM by Howard Bashman



"Fate of 5 in U.S. Prisons Weighs on Cubans' Minds": The New York Times today contains an article reporting that "These days, many Cubans are pinning their hopes on a hearing set for Aug. 20, before the United States Court of Appeals for the 11th Circuit in Atlanta, where federal judges will decide on whether the evidence was insufficient to support the convictions."
Posted at 05:40 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Secret Log at Heart of Wiretap Challenge" and "More Bush-Congress Court Fights Likely."
Posted at 05:34 PM by Howard Bashman


"Looking For a Leaker": The August 13, 2007 issue of Newsweek will contain an item by Michael Isikoff that begins, "The controversy over President Bush's warrantless surveillance program took another surprise turn last week when a team of FBI agents, armed with a classified search warrant, raided the suburban Washington home of a former Justice Department lawyer."
Posted at 05:20 PM by Howard Bashman


In the August 13, 2007 issue of Time magazine: The magazine contains articles headlined "Why Bush Needs Gonzales" and "Arlen Specter's Careful Dissent."
Posted at 05:15 PM by Howard Bashman


Bowie Baysox 8, Trenton Thunder 1: My son and I were in Trenton, New Jersey this afternoon to see the baseball game between the Trenton Thunder -- the AA Eastern League affiliate of the New York Yankees -- and the Bowie Baysox -- the AA Eastern League affiliate of the Baltimore Orioles.

Thunder pitching phenom Alan Horne started the game but had a poor outing, surrendering six runs in five innings. He was charged with the loss, giving him a 10-4 record on the year.

The lone run that the Thunder scored came on a sacrafice fly that resulted in a violent collision at home plate between Baysox catcher Eli Whiteside and Thunder right fielder Bronson Sardinha, whose middle name happens to be Kiheimahanaomauiakeo. The ball reached home plate almost simultaneously with Sardinha, and the violent collision rendered Baysox catcher Whiteside unconscious on the ground by home plate as the ball trickled away. Medical assistance was called to the field, and eventually Whiteside was able to move his arms as he was strapped onto a backboard and carted off the field on a stretcher for an ambulance ride to the hospital.

You can access the box score at this link, while a wrap is available here.

Update: Monday's newspaper coverage from both The Trenton Times and The Courier Times of Bucks County, Pennsylvania indicates that the injured Baysox catcher is well on his way to making a complete recovery.
Posted at 05:04 PM by Howard Bashman



"Ex-jurist O'Connor dies at 79": This obituary appears today in The Boston Globe.
Posted at 09:17 AM by Howard Bashman


Saturday, August 04, 2007

"Hundreds at Brewer grad's book signing": Last Sunday's edition of The Decatur (Ala.) Daily contained an article that begins, "This time, she held court. Jan Crawford Greenburg spent more than three hours Saturday at Brewer High School signing her national best-selling book, 'Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court.'"
Posted at 08:10 PM by Howard Bashman


"Feinstein draws fire over vote for judge": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Sen. Dianne Feinstein's tiebreaking vote for a controversial judicial nominee of President Bush has dismayed civil and gay rights advocates and prompted one California Democratic congresswoman to threaten to oppose any plans Feinstein has to seek re-election."
Posted at 07:48 PM by Howard Bashman


"Gonzales Now Says Top Aides Got Political Briefings": The Washington Post contains this article today.
Posted at 10:58 AM by Howard Bashman


"Senate Votes To Expand Warrantless Surveillance; White House Applauds; Changes Are Temporary": This front page article appears today in The Washington Post.

The New York Times reports today that "Broader Spying Authority Advances in Congress."

The Los Angeles Times reports that "Senate votes to expand spy authority; The last-minute legislation gives agencies more power to track foreign communications and removes the court approval process."

And The Washington Times reports that "Senate passes Bush-backed spy measure."
Posted at 10:55 AM by Howard Bashman



"After Chief Justice's Return, Court Frees Musharraf Critic": The New York Times contains this article today.
Posted at 10:48 AM by Howard Bashman


"Rep. Jefferson Wins Ruling Against FBI; Court Says Office Search Violated Constitution": This front page article appears today in The Washington Post.

The New York Times reports today that "Court Partly Rebuffs F.B.I. on House Office Search."

The Times-Picayune of New Orleans reports that "Conduct of FBI office search faulted; Jefferson team hails appeals court ruling."

The Advocate of Baton Rouge reports that "Search ruled illegal; Court: FBI action against Jefferson overstepped Constitution."

And The Washington Times reports that "Court rules FBI raid violated Jefferson's rights."

This blog's earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 10:44 AM by Howard Bashman



"Rx for the Chief Justice: More Work, Less Play." The brand new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 08:54 AM by Howard Bashman


Friday, August 03, 2007

Available online from law.com: Shannon P. Duffy has an article headlined "3rd Circuit: 'Cashed-Out' Ex-Worker Has Standing to Sue Under ERISA." You can access Tuesday's Third Circuit ruling at this link.

In other news, "States Look for Ways to Gauge Judge Performance; Judicial evaluation programs catching on."

And Marcia Coyle reports that "Patent Reform Finds Traction; Debate on damages, validity challenges."
Posted at 09:24 PM by Howard Bashman



"State law restricting birth certificates for gay adopting parents is unconstitutional, appeals court says": The Tulsa World provides a news update that begins, "The 10th U.S. Circuit Court of Appeals has ruled that a state law preventing gay couples from getting birth certificates for children adopted in other states is unconstitutional. The appeals court upheld a previous ruling by U.S. District Judge Robin Cauthorn."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 09:10 PM by Howard Bashman



"I am unable to share the majority's view that Bell Atlantic left our notice pleading jurisprudence intact." A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit today issued this decision addressing the impact of the U.S. Supreme Court's recent ruling in Bell Atlantic Corp. v. Twombly. The quote that appears in the title of this post comes from Circuit Judge Joel M. Flaum's concurring opinion issued today.
Posted at 03:55 PM by Howard Bashman


"High Court Has No Rules Governing Health": Mark Sherman of The Associated Press provides this report.
Posted at 02:35 PM by Howard Bashman


"Court rules FBI violated Constitution in Jefferson raid": The Times-Picayune of New Orleans provides this news update.

This blog's earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 02:28 PM by Howard Bashman



"[W]e conclude that, where a party forfeits an objection to the untimeliness of a [Federal] Rule [of Civil Procedure] 59(e) motion, that forfeiture makes the motion 'timely' for the purpose of [Federal] Rule [of Appellate Procedure] 4(a)(4)(A)(iv)." The U.S. Supreme Court's recent decisions in Kontrick v. Ryan, Eberhart v. United States, and Bowles v. Russell rear their ugly heads once again in this decision that a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:55 AM by Howard Bashman


A federal appellate court considers the First Amendment free speech rights of public high school football players who despise their team's coach: A partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this very interesting decision today in a case from Tennessee.

The issue that divides the majority from the judge who has issued a separate opinion concurring in the judgment is whether the students' effort to obtain the firing of the football coach, which led to the students' expulsion from the football team, was protected by the First Amendment. All three judges conclude, however, that the defendant school officials are entitled to summary judgment on the students' lawsuit challenging the students' expulsion from the team.
Posted at 11:40 AM by Howard Bashman



"Court: FBI Violated Constitution in Raid." The Associated Press provides a report that begins, "The FBI violated the Constitution when agents raided U.S. Rep. William Jefferson's office last year and viewed legislative documents, a federal appeals court ruled Friday. The court ordered the Justice Department to return any privileged documents it seized from the Louisiana Democrat's office on Capitol Hill. The court did not order the return of all the documents seized in the raid."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:08 AM by Howard Bashman



"Southwick nomination cleared for final vote; Fate of former Miss. judge in hands of full Senate after bold Feinstein move": The Clarion-Ledger of Jackson, Mississippi contains this article today.
Posted at 09:10 AM by Howard Bashman


"Flood victims lose on appeal; Court rules insurers don't have to pay on Katrina levee claims": This article appears today in USA Today.

And The Times-Picayune of New Orleans reports today that "Flood damage verdict overruled; Appeal judges say exclusion is clear."

This blog's earlier coverage of yesterday's Fifth Circuit ruling appears at this link.
Posted at 09:08 AM by Howard Bashman



"Schools' course since race ruling OK'd; Fall assignments won't change": The Louisville Courier-Journal today contains an article that begins, "Jefferson County Public Schools' decision to stop using race for new student assignments and transfers is "entirely consistent with the U.S. Supreme Court's decision," a federal judge said yesterday. In a court hearing, Chief U.S. District Judge John Heyburn said the high court's recent 5-4 decision allows the district to adopt any plan it wants by any date -- as long as it doesn't use race to assign individual students to schools."
Posted at 09:03 AM by Howard Bashman


"Witness for Padilla presents strong testimony; The Jose Padilla trial in Miami federal court neared its conclusion with strong defense testimony": Jay Weaver has this article today in The Miami Herald.

The Los Angeles Times reports today that "Padilla trial defense cites relief work; Jurors see video of Muslim aid efforts by the defendants' organization; Closing arguments are near."

And The South Florida Sun-Sentinel reports that "Jose Padilla attorneys refrain from defense in Miami terrorism trial; Strategy may carry risks for suspect."
Posted at 08:50 AM by Howard Bashman



"State high court rules California can't restrict cigarette ads aimed at kids": Bob Egelko has this article today in The San Francisco Chronicle.

And law.com reports that "Calif. Justices Snuff Suit Aimed at Joe Camel; State's high court finds that federal law pre-empts a suit in state court alleging that tobacco companies marketed to kids."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:45 AM by Howard Bashman



"Roberts' seizure shows fragility of high court": This article appeared Wednesday in The Sacramento Bee.
Posted at 08:40 AM by Howard Bashman


"Reservations beyond the law: A legal loophole allows non-Indians who victimize Indian women and kids on reservations to escape justice." Law Professor Gavin Clarkson has this op-ed today in The Los Angeles Times.
Posted at 08:38 AM by Howard Bashman


"Ruling Limited Spying Efforts; Move to Amend FISA Sparked by Judge's Decision": This front page article appears today in The Washington Post.
Posted at 08:27 AM by Howard Bashman


"D.C. Cannot Control Prescription Drug Prices, Court Rules": The Washington Post today contains this article reporting on a ruling that the U.S. Court of Appeals for the Federal Circuit issued on Wednesday. My earlier coverage of that ruling appears at this link.
Posted at 08:25 AM by Howard Bashman


"Commission Weighs Future of Litigious Judge": Today in The Washington Post, Metro columnist Marc Fisher has an essay that begins, "By the middle of next week, Roy Pearson, the D.C. administrative law judge who sued his neighborhood dry cleaners for $54 million and lost, will receive a letter that starts the process that could put him out of a job."
Posted at 08:20 AM by Howard Bashman


"Bush Aide Addresses Missing RNC E-Mails; At Senate Hearing, Jennings Is Silent on U.S. Attorneys' Firings; Rove Is Absent": This article appeared today in The Washington Post.

Today in The New York Times, Neil A. Lewis reports that "White House Aide Won't Answer Questions of a Senate Panel."

And The Los Angeles Times reports that "No-show, no help in U.S. attorney probe; Rove claims executive privilege and another witness declines to answer many questions."
Posted at 08:17 AM by Howard Bashman



"Judge Backs C.I.A. in Suit on Memoir": Today in The New York Times, Adam Liptak has an article that begins, "Valerie Wilson may be the best known former intelligence operative in recent history, but a federal judge in New York ruled Wednesday that she was not allowed to say how long she worked for the Central Intelligence Agency in the memoir she plans to publish this fall."
Posted at 08:14 AM by Howard Bashman


"Homelessness Could Mean Life in Prison for Offender": The New York Times today contains an article that begins, "A sex offender who was unable to register his address with state officials because he was homeless is facing life in prison for violating a new registry law that politicians in Georgia have hailed as the nationís toughest."
Posted at 08:10 AM by Howard Bashman


"No Hate Required for Hate Crime in Gay Man's Death, Judge Rules": This article appears today in The New York Times.
Posted at 08:03 AM by Howard Bashman


"Stampeding Congress, Again": The New York Times today contains an editorial that begins, "Since the 9/11 terrorist attacks, the Bush administration has repeatedly demonstrated that it does not feel bound by the law or the Constitution when it comes to the war on terror."

And The Los Angeles Times today contains an editorial entitled "Don't rush to modify FISA: Limited changes can be made quickly, but save the heavy lifting for after Congress' recess."
Posted at 08:00 AM by Howard Bashman



"Case involves a collision of rights; Calif. doctors accused of using faith to violate law against anti-gay bias": Today's issue of USA Today contains an article that begins, "When does the freedom to practice religion become discrimination? The California Supreme Court is being asked to answer that question when it hears a legal dispute between a lesbian mom and two doctors who refused to artificially inseminate her for religious reasons." The newspaper also contains a related article headlined "Some doctors refuse services for religious reasons."
Posted at 07:54 AM by Howard Bashman


In commentary available online from FindLaw: Elaine Cassel has an essay entitled "Chief Justice Roberts's Health, After His Recent Seizure: What We Know, What We Don't Know, and What We May Never Know."

And Vikram David Amar has an essay entitled "The California Supreme Court Upholds a State Ban on Importing Kangaroo: A Case About State/Federal Legal Conflict that Might Interest the U.S. Supreme Court."
Posted at 07:42 AM by Howard Bashman



Thursday, August 02, 2007

"Supreme Court Justice Samuel Alito Gives Inaugural William French Smith Memorial Lecture": Pepperdine University School of Law has issued a news release that begins, "Pepperdine University School of Law welcomes Supreme Court Justice Samuel A. Alito, Jr. and attorney Carter G. Phillips for the inaugural William French Smith Memorial Lecture on Tuesday, August 7, from 5 to 6:30 p.m. in the Caruso Auditorium in Malibu."

An email that I have received from a law school official states that "The dialogue will be broadcast live on C-SPAN, but we encourage those in the Los Angeles area to attend this extremely unique conversation which will include a time of Q&A (via questions submitted National Press Club style at the lecture)." The email goes on to state that "The event is free of charge, although RSVPs are requested." Instructions on how to RSVP via phone and email appear at the end of the news release.
Posted at 08:40 PM by Howard Bashman



"Judge: No New Plan for Ky. Schools." The Associated Press provides a report that begins, "A federal judge told the Louisville school district Thursday it can use whatever method it likes to assign students to schools - as long as race isn't considered. U.S. District Judge John Heyburn's narrow interpretation of a U.S. Supreme Court decision barring race in assigning students to schools marks the first application of the ruling issued in late June."

And The Louisville Courier-Journal provides a news update headlined "Judge: JCPS race plan complies with ruling."
Posted at 08:35 PM by Howard Bashman



"Southwick federal judge nomination moves to Senate": The Clarion-Ledger of Jackson, Mississippi provides a news update that begins, "Republican supporters of Leslie Southwick had a huge victory today when a moderate Democrat, Sen. Dianne Feinstein of California broke with her party to vote for the Mississippi judgeís nomination to the federal bench. Feinstein had been heavily lobbied by the nominee and Mississippi Sens. Thad Cochran and Trent Lott, both Republicans, as well as the White House. The approval by the Senate Judiciary Committee sent his nomination to the full Senate where opponents said they would seek to derail it through a filibuster or extended debate."

FOXNews.com reports that "Bush Judicial Nominee Passes Big Senate Hurdle."

Friday's edition of The Hill will report that "Feinstein's flip sends Southwick to the floor."

The Associated Press reports that "Southwick nomination clears Senate committee."

And The White House has issued a press release headlined "President Bush Pleased Judge Leslie Southwick Will Soon Receive Fair Vote by Senate."
Posted at 08:11 PM by Howard Bashman



"Judiciary Committee Sends Southwick to the Full Senate": The organization People For the American Way has issued this press release.
Posted at 06:08 PM by Howard Bashman


Hot Wheels, Hot Rigz, and Harley Davidson Hogs: Trademark infringement decisions involving toy trucks and actual motorcycles issued today from the Ninth Circuit and Seventh Circuit, respectively.
Posted at 05:05 PM by Howard Bashman


"57 Percent View Supreme Court Favorably": The Associated Press provides a report that begins, "Views of the Supreme Court dropped sharply in a six-month period that included decisions that upheld abortion restrictions, struck down school integration plans and chided inaction on global warming, according to a poll Thursday. Fifty-seven percent view the court favorably, the poll by the Pew Research Center found. The number was the lowest for the court in the survey in two years and down from 72 percent in January."

You can access the underlying data here and here.
Posted at 04:54 PM by Howard Bashman



"Chief Justice's Seizure Raises Questions About Causes": This segment (transcript with links to audio and video) appeared on Tuesday's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 04:50 PM by Howard Bashman


Third Circuit reinstates inmate's RLUIPA claim challenging as a substantial burden on religious exercise a Pennsylvania Department of Corrections' restriction prohibiting inmates from possess in their cells more than ten books at a time: You can access today's ruling, written by Circuit Judge D. Brooks Smith, at this link.
Posted at 03:30 PM by Howard Bashman


"Court Rules Against La. Katrina Victims": The Associated Press provides a report that begins, "A federal appeals court ruled Thursday against Hurricane Katrina victims who argued their insurance policies should have covered flood damage caused by levee breaches that flooded 80 percent of New Orleans during the 2005 storm. The case could affect thousands of rebuilding residents and business owners in Louisiana. An insurance expert had said a ruling against the industry could have cost insurers $1 billion."

The U.S. Court of Appeals for the Fifth Circuit has not yet posted this ruling to its web site. Update: The opinion is now available online at this link.
Posted at 02:33 PM by Howard Bashman



"Court puts limits on surveillance abroad; The ruling raises concerns that U.S. anti-terrorism efforts might be impaired at a time of heightened risk": This article appears today in The Los Angeles Times.
Posted at 08:40 AM by Howard Bashman


"'Dolphin-safe' tuna label secure; government gives up": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A conservation group that went to court to preserve standards for 'dolphin-safe' labels on canned tuna declared victory Wednesday with the passing of a deadline for the federal government to appeal to the U.S. Supreme Court."

My earlier coverage of the Ninth Circuit's April 2007 ruling can be accessed here and here.
Posted at 08:38 AM by Howard Bashman



"Administration Again Rebuffs Senators; Rove Ordered Not to Cooperate; Gonzales Refuses to Alter Testimony": This article appears today in The Washington Post. And an editorial is entitled "Investigating Mr. Gonzales: The Justice Department's inspector general should take the lead."

The New York Times reports today that "Gonzales Offers a Defense to Senate Panel."

McClatchy Newspapers report that "Bush invokes executive privilege for Rove in attorney firings."

USA Today reports that "Leahy sees 'word parsing' in clarification by Gonzales."

Bloomberg News reports that "Rove Won't Appear Before Senate Panel to Testify About Firings."

And The Hill reports that "Gonzales has until Friday to explain testimony."
Posted at 08:20 AM by Howard Bashman



Available online from law.com: Shannon P. Duffy reports that "Firm Founder's Shower Fall Leads to Significant Jurisdiction Ruling at 3rd Circuit." You can access last week's ruling of the U.S. Court of Appeals for the Third Circuit at this link.

And an article reports that "Student Who Wrote Violent Story Loses Appeal at 11th Circuit; Panel rules school was in its power to suspend teen in light of other incidents of school violence across the nation." My earlier coverage of Tuesday's Eleventh Circuit ruling appears at this link.
Posted at 08:14 AM by Howard Bashman



"Senate panel sets vote on judge; Southwick nomination not expected to pass committee muster today": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 07:42 AM by Howard Bashman


Wednesday, August 01, 2007

"Seventh Circuit affirms Judge Adelman's below-guideline work": At his "Sentencing Law and Policy," Doug Berman has this post about an interesting ruling that Seventh Circuit Judge Diane S. Sykes issued today on behalf of a unanimous three-judge panel of that court upholding a below-Guidelines sentence on a conviction for downloading and electronically sharing child pornography.
Posted at 11:32 PM by Howard Bashman


Fifth Circuit holds that Texas law which restricts the right of an auto insurer to own and operate auto body shops in that State does not violate the dormant Commerce Clause but does in certain respects violate the First Amendment: You can access today's ruling at this link.
Posted at 11:17 PM by Howard Bashman


"Originalist Sins: The faux originalism of Justice Clarence Thomas." Doug Kendall and Jim Ryan have this jurisprudence essay online at Slate.
Posted at 10:48 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Gonzales Admits Testimony 'Confusing'"; "Judge Nominee Runs Into Senate Trouble"; "House Panel Approves Reporter Shield"; and "Bush Likely to Prevent Aides' Testimony."
Posted at 10:37 PM by Howard Bashman


Programming note: Following my participation in a panel discussion at the 16th Annual Meeting of the Conference of Court Public Information Officers this afternoon in Columbus, Ohio, I'll be heading home. Additional posts will appear tonight.
Posted at 11:30 AM by Howard Bashman


U.S. Court of Appeals for the Federal Circuit affirms decision declaring District of Columbia's Prescription Drug Excessive Pricing Act of 2005 preempted by the federal patent laws and enjoining that act's enforcement: You can access today's Federal Circuit ruling at this link. Challengers to the act provide additional background on the case here and here.
Posted at 11:20 AM by Howard Bashman


"This case calls upon us to decide whether the New York Mercantile Exchange, Inc. can enforce a copyright in the settlement prices it produces to value customers' open positions." So begins an opinion that a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:11 AM by Howard Bashman


"Pork at issue in doughnut franchise row; Discrimination claimed in lawsuit as Muslim proprietor is threatened with loss of business": This article appears today in The Chicago Tribune.

My earlier coverage of last month's Seventh Circuit ruling appeared in a post titled "Dunkin Donuts may regret going whole hog on this particular franchisee."
Posted at 09:30 AM by Howard Bashman



"A Moose for a Lawyer": Eugene Volokh has this post at "The Volokh Conspiracy," discussing a Seventh Circuit ruling that I noted yesterday.

As a comment to Eugene's post observes, it's not impossible to have a Moose for a lawyer.
Posted at 09:23 AM by Howard Bashman



"Padilla Lawyers: No Defense Witnesses." The Associated Press provides this report.
Posted at 09:05 AM by Howard Bashman


"Roberts Back at Summer Home After Seizure; Chief Justice and His Doctors Must Decide About Medication": Robert Barnes and Shankar Vedantam have this article today in The Washington Post.

USA Today reports today that "Roberts leaves hospital, said to be 'in great spirits'; Chief justice faces greater risk after second seizure."

And The Los Angeles Times contains an editorial entitled "Roberts' welcome openness: The transparency surrounding the chief justice's seizure should set a precedent for the Supreme Court."
Posted at 09:03 AM by Howard Bashman



"Shielding Sources: Journalists need protection at the federal level." This editorial appears today in The Washington Post.

And The Los Angeles Times today contains an editorial entitled "Get behind a shield law: Congress should reject attempts to water down legislation that would let journalists protect their sources."
Posted at 08:57 AM by Howard Bashman



"Gonzales's Woes Create Legal Liability for Bush Administration": Bloomberg News provides this report.

And today in The Washington Post, Dana Milbank's "Washington Sketch" column is headlined "Here Lies a Man Impeached."
Posted at 08:55 AM by Howard Bashman



"U.S. Attorney Became Target After Rebuffing Justice Dept." This front page article appears today in The Washington Post.

The Roanoke Times reports today that "Brownlee retells events that led to Purdue plea; In testimony before a Senate judiciary panel, the U.S. attorney described his encounter with a Justice official."

And USA Today reports that "U.S. attorney tells of clash before he was placed on list."
Posted at 08:38 AM by Howard Bashman



"Musharraf Accepts Chief Justice Ruling": The Associated Press provides a report that begins, "President Gen. Pervez Musharraf has publicly accepted a court ruling that reversed his suspension of Pakistan's chief justice, saying judicial independence was essential to governing the country, state media said Wednesday."
Posted at 08:30 AM by Howard Bashman


"NSA Spying Part of Broader Effort; Intelligence Chief Says Bush Authorized Secret Activities Under One Order": The Washington Post today contains a front page article that begins, "The Bush administration's chief intelligence official said yesterday that President Bush authorized a series of secret surveillance activities under a single executive order in late 2001. The disclosure makes clear that a controversial National Security Agency program was part of a much broader operation than the president previously described. The disclosure by Mike McConnell, the director of national intelligence, appears to be the first time that the administration has publicly acknowledged that Bush's order included undisclosed activities beyond the warrantless surveillance of e-mails and phone calls that Bush confirmed in December 2005."

And USA Today reports today that "Letter attempts to clarify Gonzales' testimony; Specter sought explanation from national spy chief."
Posted at 08:22 AM by Howard Bashman



"Court Okays Using Churches As Polling Places": Today in The New York Sun, Josh Gerstein has an article that begins, "Using a Catholic church as a polling place does not violate the Constitution, even if voters are told to cast their ballots in a room containing crucifixes and other religious icons, a federal judge in Florida ruled."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Southern District of Florida.
Posted at 07:32 AM by Howard Bashman




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