How Appealing

Tuesday, September 4, 2007

"Exhibit A in Painting Court as Too Far Right": Wednesday in The Washington Post, Robert Barnes will have an article that begins, "Lilly Ledbetter's pay discrimination case before the Supreme Court raised no constitutional quandaries and never received much attention. Until it was decided."
Posted at 11:54 PM by Howard Bashman


"Sex, Drugs & a Federal Prosecution: The shabby case against Dr. Bernard L. Rottschaefer." Radley Balko has this essay online at Reason.
Posted at 09:10 PM by Howard Bashman


"Parker v. District of Columbia: DC Gun Ban Case." The Federalist Society hosted this online debate last week (via "InstaPundit").
Posted at 09:05 PM by Howard Bashman


Tenth Circuit reinstates First Amendment challenge to section 514 of the Uruguay Round Agreements Act, by means of which Congress reinstated copyright protection for some foreign works already in the public domain: Law Professor Lawrence Lessig argued the appeal that produced this decision today from a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.

Additional background on the case -- Golan v. Gonzales -- can be accessed here, here, and here.
Posted at 08:52 PM by Howard Bashman



"This appeal presents important questions regarding whether a patent holder's deceptive conduct before a private standards-determining organization may be condemned under antitrust laws and, if so, what facts must be pled to survive a motion to dismiss." So begins the ruling of the U.S. Court of Appeals for the Third Circuit today in Broadcom Corp. v. Qualcomm Inc.
Posted at 05:58 PM by Howard Bashman


"Alan Morrison, back in the saddle": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:00 PM by Howard Bashman


"Schools Await Princeton Donor Ruling": The Associated Press provides a report that begins, "Colleges around the country are closely watching for a key ruling in a bitter legal battle between Princeton University and a disgruntled alumnus who claims the school misspent the millions his family left the school in 1961."
Posted at 04:05 PM by Howard Bashman


"[The defendant] maintains that the district court judge who imposed the sentence should have recused himself after [the defendant] obtained the judge's home telephone number and left at least one threatening message prior to his sentencing." Today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit rejects that argument, holding that "the district judge reasonably construed [the defendant's] threatening phone message as an attempt to manipulate the court system which did not warrant his sua sponte recusal."

According to the decision, the defendant had been convicted "for mailing threatening communications and threatening the President of the United States."
Posted at 02:40 PM by Howard Bashman



"For nearly half a century, the CIA has each day sent the President a highly classified summary of the most important and timely intelligence relating to this country’s national defense and foreign policy priorities." So begins the first paragraph of a decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

The opinion's first paragraph goes on to state (some citations omitted): "We must decide in this case whether two of these reports -- known as the President's Daily Brief (PDB) -- from the administration of President Lyndon B. Johnson are exempt from disclosure under the Freedom of Information Act (FOIA). We hold that the CIA has provided ample justification that the disclosure of the two PDBs would reveal protected intelligence sources and methods, and thus these PDBs are protected by FOIA exemption 3 and the National Security Act."
Posted at 02:27 PM by Howard Bashman



"D.C. Asks Supreme Court to Back Gun Ban": Robert Barnes and David Nakamura of The Washington Post provide this news update.
Posted at 02:18 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "D.C. Appeals to Supreme Court on Gun Law" and "Convicted Peeper Sues to Get Porn Back."
Posted at 02:15 PM by Howard Bashman


"Ruling On Blog Rant Troubling": Columnist Rick Green has this op-ed today in The Hartford Courant. The op-ed focuses on a decision that U.S District Judge Mark R. Kravitz of the District of Connecticut issued last Friday. Judge Kravitz's opinion begins:
Social networking websites and blogs (or web logs) have in recent years become an important part of the lives of young people, and many adults. But as some have come to discover to their chagrin, postings on such sites and blogs are often very public and the statements and information posted can have consequences for the blogger.
Saturday's issue of The Courant contained an article headlined "Judge Rules On Student's Slur" reporting on the decision.
Posted at 11:24 AM by Howard Bashman


"Second Amendment case reaches Court": At "SCOTUSblog," Lyle Denniston has a post that begins, "Relying upon strong rhetoric and the argument that access to handguns is a direct threat to peoples' lives in the Nation's capital, the District of Columbia government urged the Supreme Court on Tuesday to spare the city's gun control law from nullification under the Second Amendment." That blog has posted both the cert. petition and accompanying appendix online.
Posted at 11:18 AM by Howard Bashman


In re Elevator Antitrust Litigation goes up to the Second Circuit, which affirms the dismissal of that lawsuit: You can access today's ruling at this link. Only time will tell whether plaintiffs will next seek to have their case ascend to the U.S. Supreme Court.
Posted at 11:10 AM by Howard Bashman


"At 11th Circuit, What Happens at Oral Argument Stays at Oral Argument: A look at a federal appellate court's rule denying access to oral argument audiotapes." Today's installment of my "On Appeal" column for law.com can be accessed here.
Posted at 10:12 AM by Howard Bashman


The U.S. Court of Appeals for the D.C. Circuit has redesigned the home page of its web site: You can access the redesigned home page at this link.
Posted at 10:08 AM by Howard Bashman


"Exacting Donors Reshape College Giving": The Washington Post contains this front page article today.
Posted at 08:30 AM by Howard Bashman


"Appeals Court Finds Ugly Implications in City's Anti-Truck Law; Class, Not Aesthetics, May Be Real Issue, Judges Suggest in Overturning Code": This article appears today in The Washington Post.

My earlier coverage of last month's ruling of Florida's Third District Court of Appeal can be accessed here.
Posted at 08:25 AM by Howard Bashman



"Fighting for Our Handgun Ban": Today in The Washington Post, Adrian M. Fenty and Linda Singer have an op-ed that begins, "As mayor and attorney general of the District of Columbia, we were deeply disappointed this year when the U.S. Court of Appeals for the D.C. Circuit declared that the District's longstanding handgun ban violates the Second Amendment. Today we are asking the U.S. Supreme Court to review the decision in that case, which we think threatens public safety and is wrong on the law."
Posted at 08:22 AM by Howard Bashman


"Control of Dances Is at Issue in Lawsuit": This article appears today in The New York Times.
Posted at 08:04 AM by Howard Bashman


"The Wrong Answer in Connecticut": The New York Times today contains an editorial which argues that "The appeal of a 'three strikes and you're out' law is understandable, but these laws have proven to be blunt instruments that cause more injustice than they prevent."
Posted at 07:55 AM by Howard Bashman


"Conscience of a Conservative": In the Sunday, September 9, 2007 issue of The New York Times Magazine, Law Professor Jeffrey Rosen will have an article that begins, "In the fall of 2003, Jack L. Goldsmith was widely considered one of the brightest stars in the conservative legal firmament. A 40-year-old law professor at the University of Chicago, Goldsmith had established himself, with his friend and fellow law professor John Yoo, as a leading proponent of the view that international standards of human rights should not apply in cases before U.S. courts."
Posted at 07:52 AM by Howard Bashman


"Defense for Islamic Charity To Call Witnesses": Josh Gerstein has this article today in The New York Sun.

The Los Angeles Times on Sunday reported that "Holy Land federal witnesses go uncalled; Prosecutors rely on FBI and Israeli testimony to make their case against the charity; The defense begins Tuesday."

And last Friday's edition of The Dallas Morning News reported that "Government rests in Holy Land trial; Defense in terror financing trial to call first witness next week."
Posted at 07:47 AM by Howard Bashman



"DNA backlog piles up for FBI; Samples increase by 80,000 in '06": Richard Willing has this front page article today in USA Today, along with an article headlined "DNA lag leaves potential for crime; Samples have yet to be analyzed."
Posted at 07:40 AM by Howard Bashman


"In Chertoff's record, shades of politics; His past at Justice may be a hurdle if he's picked to succeed Alberto Gonzales as attorney general": David G. Savage and Tom Hamburger will have this article Tuesday in The Los Angeles Times.
Posted at 12:00 AM by Howard Bashman






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