How Appealing

Monday, September 4, 2006

"Hands Off Constitutions: This Isn't the Way to Ban Same-Sex Marriage." Fourth Circuit Judge J. Harvie Wilkinson III will have this op-ed Tuesday in The Washington Post.
Posted at 11:35 PM by Howard Bashman

"Judge's allies press for vote in Senate": The News & Observer of Raleigh, North Carolina today contains an article that begins, "For U.S. District Judge Terrence Boyle, the next four weeks could make the difference in whether he can finally, after a tumultuous, years-long battle, land a seat on the nation's second-highest court."

Fans of the D.C. Circuit may be dismayed to learn that the article is referring to the U.S. Court of Appeals for the Fourth Circuit as the nation's second-highest court, as though all U.S. Courts of Appeals (perhaps even the Federal Circuit -- the potential dumping-ground for all sorts of unwanted cases) were of equal importance.

Thanks to "Confirm Them" for the pointer.
Posted at 09:35 PM by Howard Bashman

"Spying as a form of censorship": Online at the First Amendment Center, Paul K. McMasters has an essay that begins, "The first federal court decision to address the legality of warrantless eavesdropping on the telephone and Internet conversations of U.S. citizens caused quite a stir when it was handed down Aug. 17." At last check, Law Professor Brian Leiter hasn't yet taken issue with the essay's characterization of "How Appealing" as "authoritative."
Posted at 09:28 PM by Howard Bashman

"S. Dakota Becomes Abortion Focal Point; Voters to Decide Fate of State Ban": This article appeared one week ago today in The Washington Post.
Posted at 09:23 PM by Howard Bashman

"Suit over sex questions reaches Supreme Court; Palmdale parents object to survey of school children": Bob Egelko had this article last Wednesday in The San Francisco Chronicle.

In November 2005, I had this post about the ruling that Circuit Judge Stephen Reinhardt issued on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

And in May 2006, I had this post about the three-judge panel's per curiam opinion denying panel rehearing but making two amendments to the panel's original ruling.
Posted at 09:18 PM by Howard Bashman

"Starr appeals bong hits case in high court": Last Tuesday's edition of The Juneau Empire contained an article that begins, "Famed attorney Kenneth Starr filed a petition for the Juneau School District on Monday in the country's highest court to hear the 'Bong Hits 4 Jesus' case."

The Anchorage Daily News on Tuesday reported that "Starr joins Juneau bong case; High school senior held up controversial banner in 2002."

And The Associated Press reports that "Starr Appeals 'Bong Hits 4 Jesus' Case."

The Wall Street Journal Online's "Law Blog" has posted online a copy of the petition for writ of certiorari at this link.

My earlier coverage of the Ninth Circuit's ruling in this case can be accessed here.
Posted at 09:05 PM by Howard Bashman

"2nd Circuit Rejects N.Y. Judicial Conventions; Court says system violates rights of voters and candidates alike": This article (free access) appeared late last week in the New York Law Journal.

Thursday's issue of The New York Times reported that "Appeals Court Backs Ruling on Judges' Elections."

And Thursday's issue of The Times Union of Albany, New York contained an article headlined "Ruling: Let voters decide; Appeals court scraps judicial conventions as unconstitutional."

You can access last Wednesday's opinion of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:50 PM by Howard Bashman

Available online from While I was on vacation last week, published articles headlined "Exacting Easterbrook to Be Chief of 7th Circuit"; "Judge Facing Ethics Charges Seeks Recusal of Two N.J. High Court Justices"; and "3rd Circuit: DuPont Can't Get Help From U.S. for Voluntary Cleanup."
Posted at 08:44 PM by Howard Bashman

"May a testifying defendant be impeached at trial with statements made before trial to mental health professionals during a court-ordered examination to determine the defendant's mental competency to stand trial? We conclude that such impeachment violates the federal Constitution's privilege against self-incrimination." So begins the majority opinion in a ruling that a divided Supreme Court of California issued on Thursday.

In press coverage, Metropolitan News-Enterprise on Friday reported that "Prosecutors May Not Impeach Defendants With Statements Made in Court-Ordered Mental Competency Exams."
Posted at 08:40 PM by Howard Bashman

"Kennel worker loses suit; High court rules dog owners are not liable for bites": Bob Egelko had this article last Tuesday in The San Francisco Chronicle.

And Tuesday's issue of Metropolitan News-Enterprise contained an article headlined "S.C.--Dog Bite Statute Does Not Apply to Kennel Workers."

You can access last Monday's ruling of the Supreme Court of California at this link.
Posted at 08:30 PM by Howard Bashman

"Court Ruling Clears Mother in Son’s Suicide": This article appeared last Tuesday in The New York Times.

Last Tuesday's issue of The Hartford Courant reported that "Court Ends Scruggs' 'Hell'; Reverses Conviction Linked To Son's Suicide."

And The Record-Journal of Meriden, Connecticut reported last Tuesday that "Scruggs verdict overturned; State Supreme Court unanimous in decision; ruling states that law was unconstitutionally vague and orders an acquittal."

Last Monday's ruling of the Supreme Court of Connecticut consisted of the opinion of the court and a concurring opinion.
Posted at 08:24 PM by Howard Bashman

"An Enron twist: convicted but not guilty? A legal precedent could clear Ken Lay, the firm's late founder, making it hard for the US to tap his estate." Last Monday, this article appeared in The Christian Science Monitor.
Posted at 08:15 PM by Howard Bashman

"After a surge, US terror prosecutions drop to pre-9/11 levels": This article will appear Tuesday in The Christian Science Monitor. Earlier, I collected additional press coverage at this link.
Posted at 08:03 PM by Howard Bashman

This Dickens is charged with plagiarism; Not 'the best of times' for delinquent juror: Last Monday's issue of The Daily Press & Argus of Livingston, Michigan contained an article headlined "Judge sends a message on jury duty -- Man ordered to write paper after skipping out."

Yesterday, the newspaper published an article headlined "Punishment mounts for missing juror" that begins, "A former Tyrone Township man court-ordered to write a five-page paper on the history of jury service because he failed to report for jury duty in June found himself in the hot seat again -- for plagiarizing the paper."

And The Associated Press provides a report headlined "Juror Allegedly Steals 'Jury Duty' Paper" that begins, "As far as the judge was concerned, the paper he ordered Brandon Dickens to write as punishment for ducking jury duty was plagiarized."
Posted at 11:45 AM by Howard Bashman

"Voters not sold on push to end affirmative action; 2 months before election, only 41% support proposal": This article appears today in The Detroit Free Press.

And The Associated Press provides a report headlined "Poll: Mich. Split on Affirmative Action."

Last Wednesday, The Free Press reported that "Judge says ban to stay on ballot; Still, there was fraud, he adds."

Wednesday's issue of The Detroit Free Press reported that "Race issue remains on ballot; Judge rejects lawsuit to remove affirmative action referendum; opposition plans circuit court appeal." And on Thursday, columnist Laura Berman had an op-ed entitled "Voters must find truth in affirmative action debate."

You can access last week's ruling of the U.S. District Court for the Eastern District of Michigan at this link.

Finally, Thursday's issue of The Wall Street Journal contained an op-ed by Terrence Pell entitled "By Any Means Necessary: A federal judge plays politics in Michigan" that begins, "A decision Tuesday by a federal judge in Detroit could set the stage for a sweeping expansion of the Voting Rights Act, which would turn the federal courts into a national campaign police."
Posted at 11:33 AM by Howard Bashman

"Boom! Why Democrats should learn to stop worrying and love the 'nuclear option.'" Evan P. Schultz has this essay (free access) in today's issue of Legal Times.
Posted at 09:45 AM by Howard Bashman

"Christ art gone, but controversy remains; W.Va. town takes on constitutional debate": The Pittsburgh Post-Gazette contains this article today.
Posted at 09:03 AM by Howard Bashman

"President Set to Renominate Five for Appeals Courts": This article appeared Thursday in The New York Times.

That day's issue of The Richmond Times-Dispatch reported that "Bush to try 4th Circuit picks again."

And The Associated Press reports that "Bush Nominates 5 As Appeals Court Judges."

The official announcement from the White House can be viewed at this link.
Posted at 08:55 AM by Howard Bashman

"Sullivan To Testify At Hearing; Lawyer Silent On Ex-Chief Justice's Strategy In Fighting Ethics Charges Brought By Council": In last Thursday's edition of The Hartford Courant, Lynne Tuohy had an article that begins, "A lawyer for former state Supreme Court Chief Justice William J. Sullivan said Sullivan will testify in his own defense at a Judicial Review Council's disciplinary hearing next week on charges he acted unethically when he secretly withheld release of a controversial ruling to enhance Justice Peter T. Zarella's prospects of succeeding him as chief justice."
Posted at 08:45 AM by Howard Bashman

"New Republic Suspends an Editor for Attacks on Blog": This article appears today in The New York Times. A statement from the editor of The New Republic can be viewed at this link.
Posted at 08:35 AM by Howard Bashman

"Blawg Review #73": Available here, at "Workplace Prof Blog."
Posted at 08:23 AM by Howard Bashman

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