How Appealing

Thursday, August 10, 2006

"ABAndoning the Constitution: Judging the president and justices on executive power." Craig S. Lerner and Nelson Lund have this essay today at National Review Online.
Posted at 10:08 PM by Howard Bashman


"Neither Peppers nor Ward and Weiden consider this phenomenon and its implications as fully as they might, but both books cite a significant scholarly study published in 2001 whose important findings have been overlooked almost entirely by legal academics." That quote -- from David J. Garrow's review of the books "Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk," by Todd C. Peppers; and "Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court," by Artemus Ward and David L. Weiden -- refers to the phenomenon of "the increasingly predominant ideological loyalties that clerks bring with them to the high court from their previous clerkships."

The "significant scholarly study published in 2001" to which Garrow refers is available online; it is a paper titled "Selection of Law Clerks and Polarization in the U.S. Supreme Court" by Corey Ditslear and Lawrence Baum.
Posted at 09:05 PM by Howard Bashman



"Judges consolidates telecom spy lawsuits": The Associated Press reports here that "The Judicial Panel on Multidistrict Litigation transferred the cases to U.S. District Judge Vaughn Walker, who last month declined to dismiss one of the lawsuits brought against the federal government and AT&T Inc., according to an order released Thursday."

And Reuters reports that "NSA telecom lawsuits sent to California court."

Yesterday's transfer order of the Judicial Panel on Multidistrict Litigation can be accessed here.
Posted at 06:10 PM by Howard Bashman



Unanimous three-judge First Circuit panel affirms federal district court order freeing Vincent "The Animal" Ferrara from federal prison on writ of habeas corpus: You can access today's ruling at this link.

In earlier coverage, Boston's WCVB-TV reported that "'The Animal' Released From Prison; Ferrara Served 16 Years For Murder." The New York Times had a news brief headlined "Judge Voids Mafia Sentence." And in The Boston Phoenix, Harvey A. Silverglate had an article headlined "'Animal' crackers: US Attorney Michael Sullivan should have fortified his own glass house before casting stones at Tom Finneran."

The federal district court's ruling in the case is available online at this link.
Posted at 05:34 PM by Howard Bashman



"Cuban Officials Criticize U.S. Ruling": The Associated Press provides a report that begins, "Communist officials said Thursday a U.S. appellate court decision denying a new trial for five Cuban agents was proof of Washington's 'hate and vengeance' toward Cuba, and they implied it was tied to Fidel Castro's illness and absence from power." My earlier coverage appears here.
Posted at 05:15 PM by Howard Bashman


"Worst Statute in the World for August 10th": The "Statutory Construction Blog," apparently a brand-new entrant into the ever-expanding Law Professor Blogs Network, offers this interesting post focusing on a federal statute about which I too have previously written.

Meanwhile, we still await the launch of a Law Professor Blogs Network site devoted to the law of sex and pornography.
Posted at 05:05 PM by Howard Bashman



"Acolytes in Arms": In the Summer 2006 issue of The Green Bag, Pulitzer Prize-winning historian David J. Garrow will have this review of the books "Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk," by Todd C. Peppers; and "Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court," by Artemus Ward and David L. Weiden.

Some may recall that in late May 2006, I linked here to Seventh Circuit Judge Richard A. Posner's review of these same two books.
Posted at 04:45 PM by Howard Bashman



"N.J. top court bars testimony from hypnosis in criminal trials": The Associated Press provides a report that begins, "The New Jersey Supreme Court on Thursday barred witness testimony stemming from hypnosis in all criminal trials, except when the so-called refreshed testimony comes from a defendant."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 04:35 PM by Howard Bashman



"Cuban men's spying verdict upheld": The Miami Herald today contains an article that begins, "A federal appeals court in Atlanta on Wednesday affirmed the convictions of five Cuban men accused of spying for the Castro government. In a 10-2 decision, the 11th U.S. Circuit Court of Appeals concluded that the heavy pretrial publicity and anti-Castro climate in Miami did not prevent the defendants from receiving a fair trial."

Reuters reports that "US court upholds Miami conviction of Cuban spies."

The Associated Press reports that "'Cuban 5' lawyers vow to continue appeals after court defeat."

And from Cuba, Prensa Latina provides a report headlined "Cuba: Atlanta Court Verdict Amazing."

You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

The original three-judge panel's decision in the case issued one year ago yesterday. My earlier coverage of that ruling can be accessed here and here.
Posted at 03:58 PM by Howard Bashman



Fourth Circuit delivers more good news to Good News Club seeking to send home flyers about the club to parents of children attending Montgomery County, Maryland public elementary schools: You can access today's ruling at this link.
Posted at 03:20 PM by Howard Bashman


Ninth Circuit applies Justice Anthony M. Kennedy's opinion concurring in the judgment as the "law of the land" in Rapanos v. United States to determine whether a pond is subject to the Clean Water Act if the pond contains wetlands adjacent to a navigable river of the United States: You can access today's ruling at this link.
Posted at 03:05 PM by Howard Bashman


Death penalty volunteer complains about the Ninth Circuit's delay in announcing its apparent refusal of the inmate's request to dismiss his appeal, as does a dissenting judge on the three-judge panel: A perfunctory procedural order that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today provides the backdrop for sniping between the majority and a dissenting judge with regard to a decision that on the merits of the pending appeal that the panel hasn't even issued yet.
Posted at 03:00 PM by Howard Bashman


"Appellant, Douglas Barry Kent, is a senior foreign service officer seeking to avoid exposure to personal liability for an automobile accident that occurred in Russia while he was driving home from work in his personal vehicle." So begins a unanimous opinion that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Today's decision holds that Kent was acting within the scope of employment when he was involved in the automobile accident. In 2002, Vladivostok News provided coverage of this matter in articles headlined "Sleuths find U.S. diplomat in Russian crash case" and "Kashin vs. Kent case starts in America."
Posted at 02:50 PM by Howard Bashman



"An Interview With Jeremy Blachman, Author of 'Anonymous Lawyer'": The New York Inquirer today has posted online this interview.
Posted at 02:40 PM by Howard Bashman


May someone be convicted of the federal offense of being a a felon in possession of a firearm if, at the time of the alleged offense, the sole predicate felony conviction had been the subject of a conditional writ of habeas corpus, to issue if the State failed to retry him, and the State thereafter chooses not to retry him, thereby nullifying the earlier felony conviction? Today a unanimous Sixth Circuit panel answers "yes" in an opinion that you can access here.
Posted at 10:00 AM by Howard Bashman


"Consumer groups cheer 'partial' win; State's top court allows class-action arbitration in loan contract disputes": This article appears today in The Newark (N.J.) Star-Ledger. My earlier coverage is here.
Posted at 09:42 AM by Howard Bashman


"Court reinstates discrimination suit against salon": The Associated Press provides this report. My earlier coverage appears here.
Posted at 09:40 AM by Howard Bashman


1,000,000,000 opposed to abortion ban: The Sioux Falls (S.D.) Argus Leader today contains an article headlined "Billion against abortion ban; Candidate's brother issues rebuttal after conference" that begins, "Democratic gubernatorial candidate Jack Billion on Wednesday called the state's abortion ban a 'rigid, unforgiving law' and denounced Gov. Mike Rounds' signing of the ban."

The candidate's campaign site has posted online a press release entitled "Jack Billion's Statement Opposing the SD Abortion Ban."
Posted at 07:28 AM by Howard Bashman



"Verdict overturned in juvenile search case; Stripping of detained youth didn't violate law, court says": This article appears today in The Sioux Falls (S.D.) Argus Leader. My earlier coverage is here.
Posted at 07:23 AM by Howard Bashman


Lyle Denniston is reporting: Online at "SCOTUSblog," he has posts titled "Detainees: captivity issue should be decided now" and "Response to Skakel appeal sought."
Posted at 07:20 AM by Howard Bashman


"Immigration Judges Facing Performance Reviews": This article appears today in The New York Times.

And The Los Angeles Times reports today that "Immigration Judges Get New Regulations; Atty. Gen. Gonzales plans to hire more jurists and improve their performance after a review of alleged abuses and incompetence."

Yesterday, the U.S. Department of Justice issued a press release entitled "Attorney General Alberto R. Gonzales Outlines Reforms for Immigration Courts and Board of Immigration Appeals."
Posted at 07:20 AM by Howard Bashman



"Hamas-case jury to be named; But public may not get jurors' identities": The Chicago Tribune today contains an article that begins, "A federal judge in Chicago on Wednesday denied prosecutors' request to seat an anonymous jury in the trial of a Bridgeview man charged with funneling money to the Palestinian group Hamas, which the U.S. has labeled a terrorist organization."
Posted at 07:15 AM by Howard Bashman


"Lawyers take step to clear Lay's record": The Houston Chronicle today contains an article that begins, "Attorneys for the late Ken Lay have taken their first step in an effort to wipe out his criminal record."
Posted at 07:05 AM by Howard Bashman


"'Ten Years and Out' : The case for term limits for judges." John Andrews has this op-ed (free access) today in The Wall Street Journal.
Posted at 06:55 AM by Howard Bashman






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