How Appealing



Monday, August 11, 2008

“In this appeal, we are asked to determine the unusual question whether dogs are ‘livestock.'” The U.S. Court of Appeals for the Ninth Circuit today issued this opinion addressing that question.

The opinion’s opening paragraph concludes, “Despite a gut inclination that the answer might be ‘no,’ resolution of the issue is not so clear, thus precluding summary judgment at this stage of the proceeding. As it turns out, the term ‘livestock’ is ambiguous at best and much broader than the traditional categories of horses, cattle, sheep, and pigs.”

Posted at 2:47 PM by Howard Bashman



“We are called on to decide whether attorney misconduct towards clients, involving violations of rules of professional conduct binding on the attorney, requires forfeiture of the attorneys’ fees paid to them when, after all righteous furor is vented, the fees were eminently reasonable for the result produced.” So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Posted at 2:44 PM by Howard Bashman



“Driver’s trial gave courtroom firsts; The first terrorist convicted at trial by military commission was also the first man acquitted of a war crime”: Carol Rosenberg has this article today in The Miami Herald.

And today’s edition of USA Today contains an editorial entitled “Best face of a flawed system: Split verdict in Hamdan case shows trial neither model nor debacle.” In addition, Kenneth Roth has an op-ed entitled “A failed ‘experiment’: Commissions’ unfair rules deliver a shaky verdict rather than justice.”

Posted at 9:17 AM by Howard Bashman



“Santeria priest won’t let religious freedom be sacrificed; Ernesto Pichardo, co-founder of the first incorporated Santeria church in the nation, files a lawsuit stemming from a police raid during a worship ritual in 2007”: This article appears today in The Los Angeles Times.

Posted at 8:55 AM by Howard Bashman



“Social Initiatives on State Ballots Could Draw Attention to Presidential Race”: Today’s edition of The New York Times contains an article that begins, “Divisive social issues will be on the ballot in several states in November, including constitutional amendments banning same-sex marriage in Arizona, California and Florida, and limitations on abortion in California, Colorado and South Dakota.”

Posted at 8:37 AM by Howard Bashman



In commentary available online from FindLaw: Marci Hamilton has an essay entitled “In Colorado Christian University v. Weaver, the U.S. Court of Appeals for the Tenth Circuit Adopts the Incorrect Theory that Religious Individuals Are Entitled to Exemptions from Generally Applicable Laws.”

And John W. Dean has an essay entitled “Judge Bates Slams the Bush White House’s Claims of Congressional Immunity: Why There May Be No Consequences for the White House, Despite the Clear Ruling.”

Posted at 8:24 AM by Howard Bashman



“Expert Panel Debates What Presidential Candidates Should be Saying About Judicial Selection”: You can view video of the program, from the American Bar Association’s 131st annual meeting in New York City, by clicking here.

Posted at 8:02 AM by Howard Bashman



“Hamdan Jury Felt Evidence Didn’t Back U.S. Claim; Sentence Wasn’t Verdict on Tribunals, Juror Explains”: Jess Bravin has this article today in The Wall Street Journal.

Posted at 12:18 AM by Howard Bashman