How Appealing



Wednesday, September 3, 2008

“Downloading the law, one document at a time”: Today’s edition of The Press Democrat of Santa Rosa, California today contains an article that begins, “California’s building codes, plumbing standards and criminal laws can be found online. But if you want to download and save those laws to your computer, forget it. The state claims copyright to those laws. It dictates how you can access and distribute them — and therefore how much you’ll have to pay for print or digital copies. It forbids people from storing or distributing its laws without consent.”

Posted at 11:30 PM by Howard Bashman



“Tennessee’s first female chief justice committed to law and ‘moment'”: This article appeared yesterday in The Memphis Commercial Appeal. According to the article, she’s a former Pennsylvanian.

Posted at 11:25 PM by Howard Bashman



“UA law school plans talks by Supreme Court justices”: Today’s edition of The Arizona Daily Star contains an article that begins, “The University of Arizona law school’s annual tradition of bringing in U.S. Supreme Court justices to campus appears set for another year. U.S. Supreme Court Chief Justice John Roberts and retired Justice Sandra Day O’Connor plan to visit the James E. Rogers College of Law this academic year, and Justice Stephen Breyer will make two appearances next week.”

One of Justice Stephen G. Breyer’s appearances will be at a symposium on the topic of “New Media and the Courts.” You can view the agenda at this link.

Posted at 9:00 PM by Howard Bashman



“Roe v. Wade makes campaign comeback; Democrats warn women that high court — and abortion rights — is at stake”: Tom Curry, national affairs writer for MSNBC, has this report.

Posted at 8:57 PM by Howard Bashman



“Will Justice Alito Halt the Hemlock?” At “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “Talk about moot. On Sept. 16, Supreme Court Justice Samuel Alito Jr. and four other judges will hear the appeal of a verdict that was first rendered oh, about 2,400 years ago — at the Trial of Socrates.”

Posted at 3:20 PM by Howard Bashman



“Appeals court: School stifled student’s protest.” Today’s edition of The Arkansas Democrat-Gazette contains an article that begins, “An appeals court Tuesday upheld a federal judge’s ruling last fall that the Watson Chapel School District violated the First Amendment rights of a group of students who wore black armbands to school to protest a new uniform policy.”

The Arkansas News Bureau reports that “Appeals panel says suspensions violated Watson Chapel students’ rights.”

And The Associated Press provides a report headlined “8th Circuit: Students can wear armbands to protest dress code.”

My earlier coverage of yesterday’s Eighth Circuit ruling appears at this link.

Posted at 1:57 PM by Howard Bashman



“Time extended for Big Dig prosecution; WWII fraud law applies, judge rules”: Today in The Boston Globe, Jonathan Saltzman has an article that begins, “A federal judge has ruled that prosecutors can pursue scores of fraud charges against former employees of a Big Dig contractor – even though the statute of limitations had expired – because the United States was at war for much of this decade. In an unusual ruling that introduced questions of war and peace into a corruption case, US District Court Judge Richard G. Stearns said prosecutors can extend the ordinary five-year window to pursue 85 fraud charges against six former managers of Aggregate Industries NE Inc. by applying a seldom-used World War II-era law.”

And The Associated Press reports that “Judge says WWII era law applies in Big Dig case.”

My earlier coverage of last Friday’s ruling appears at this link.

Posted at 1:48 PM by Howard Bashman



“We must decide whether guests at the Gilroy Garlic Festival can hold the City of Gilroy in California and the Gilroy Garlic Festival Association liable in a civil rights action when they are escorted from the event by a City police officer for violating the Festival’s dress code.” Today, an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in a case brought by individuals who were required to leave the Gilroy Garlic Festival because their motorcycle club’s insignia was deemed to have violated the Festival’s dress code. By a vote of 7-4 in part, and 6-5 in part, the en banc court affirmed the rejection of the plaintiffs’ claims.

Posted at 1:40 PM by Howard Bashman



“Federal Judge Samuel Kent promises ‘a horde of witnesses'”: Mary Flood of The Houston Chronicle has a news update that begins, “U.S. District Judge Samuel Kent stood before a fellow federal judge this morning and vehemently proclaimed his innocence of three federal sexual crimes in his indictment.”

And The Associated Press reports that “Judge pleads not guilty to sex crime charges.”

Posted at 1:17 PM by Howard Bashman



“Presidential Candidates & Judicial Nominees”: You can access last Saturday’s broadcast of C-SPAN’s “America and the Courts” program by clicking here. C-SPAN also has made available at this link the entire panel discussion from the American Bar Association’s recent annual meeting in New York City. RealPlayer is required to launch these video clips.

Posted at 9:12 AM by Howard Bashman



Available online from law.com: An article reports that “2nd Circuit Reinstates NYC’s RICO Allegation of Tax Loss From Online Cigarette Sales.” You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

In other news, “9th Circuit Deals Blow to Altered Crops.” You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

And an article is headlined “No ‘Legitimate’ Privacy Expectation in Data on Office Computer, Court Says.” You can access last Friday’s ruling of the Superior Court of New Jersey’s Appellate Division at this link.

Posted at 9:00 AM by Howard Bashman



“Indicted judge to make first court appearance”: The Associated Press provides a report that begins, “U.S. District Judge Samuel Kent, usually in charge of dispensing justice, was set to find himself in an odd place: standing in front of the bench as a defendant. Kent was to make his first court appearance Wednesday after being indicted last week on federal sex crimes following a Department of Justice investigation.”

Posted at 8:50 AM by Howard Bashman