How Appealing

Thursday, September 13, 2007

Available online from law.com: An article reports that "2nd Circuit Rejects All-Male Fraternity's Bid for Official Recognition." My earlier coverage of today's Second Circuit ruling appears at this link.

And Justin Scheck reports that "9th Circuit Judges Define Moral Turpitude." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 10:54 PM by Howard Bashman



"Inflatable Rat Case Goes to NJ Court": The Associated Press provides a report that begins, "The state Supreme Court has dealt with gay marriage, education funding and abortion rights - and now, it can add 'inflatable rat' to the list."
Posted at 10:48 PM by Howard Bashman


"Tickets to see chief justice sell out in minutes; Students arrive early to grab limited spots for address in Hendricks": This article appears today in The Daily Orange of Syracuse University.

In addition, the newspaper contains an editorial entitled "Robert's speech needed better promotion."
Posted at 10:45 PM by Howard Bashman



"Roberts Compares Lawyers to Firefighters": The Associated Press provides a report that begins, "Chief Justice John Roberts on Thursday compared attorneys to firefighters, telling a law school gathering that both have to jump into tough situations to contain problems. Roberts, who suffered a seizure earlier this summer, looked fit and energetic as he spoke to about 1,000 people at the University of Montana law school event."

Also available online are video coverage of the Chief Justice's remarks and some additional information about the event.
Posted at 10:35 PM by Howard Bashman



"Court sides with Chicago on grave-moving plan; O'Hare expansion foes vow to continue fight": The Chicago Tribune provides this news update.

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 05:42 PM by Howard Bashman



"Webb has pair of fights on his hands; He may block judge pick and will push again for more time off for troops": The Richmond Times-Dispatch today contains an article that begins, "Sen. Jim Webb is taking a stand that could kill President Bush's nomination of Richmond lawyer E. Duncan Getchell Jr. to a federal appeals court."

That newspaper today also contains an op-ed by Law Professor Carl Tobias entitled "Senators' Suggestions Are Ignored."
Posted at 03:35 PM by Howard Bashman



"Executive Power": On today's broadcast of the public radio program "Here & Now," Pulitzer Prize-winning journalist Charlie Savage of The Boston Globe discusses (RealPlayer required) his new book, "Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy."
Posted at 02:14 PM by Howard Bashman


"Desegregation Stamp to Be Issued": The Associated Press provides a report that begins, "A 1946 court ruling that helped pave the way for the nation's school desegregation will be commemorated Friday with a new U.S. postage stamp." You can view an image of the postage stamp and access additional information by clicking here.
Posted at 02:07 PM by Howard Bashman


"Cemetery can be moved for O'hare, court rules": The Daily Herald of Arlington Heights, Illinois provides a news update that begins, "A federal appeals court today dealt a devastating blow to opponents of O'Hare Airport expansion when it ruled a small cemetery near Bensenville could be bulldozed by the city of Chicago."

And ABC7Chicago.com reports that "O'Hare Expansion moves forward; Court rules on last legal hurdle."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 02:00 PM by Howard Bashman



"D.C. resident seeks right to have working rifles, shotguns": At "SCOTUSblog," Lyle Denniston has a post that begins, "A D.C. resident who successfully challenged the city of Washington's strict gun control law asked the D.C. Circuit Court on Wednesday to allow him and other residents to have immediate access to rifles and shotguns -- in functioning condition -- for self-defense. His lawyers argued that the D.C. government, in an appeal to the Supreme Court, had conceded that the ban on such working firearms was unconstitutional, so the lawyers argued it should be blocked by court order."

The court filing that is the subject of Lyle's post can be accessed here.
Posted at 01:52 PM by Howard Bashman



"Pentagon Censors 9/11 Suspect's Tape": The Associated Press provides a report that begins, "The Pentagon has censored an audio tape of the suspected mastermind of the Sept. 11 attacks speaking at a military hearing - cutting out Khalid Sheikh Mohammed's justification for waging jihad against the United States. After months of debate by several federal agencies, the Defense Department released the tape Thursday. Cut from it was 10 minutes of a more than 40-minute closed court session at Guantanamo Bay to determine whether Mohammed should be declared an 'enemy combatant.'"

The audio can be accessed online via this link (scroll down).
Posted at 11:52 AM by Howard Bashman



Second Circuit overturns preliminary injunction prohibiting a state university from enforcing its policy restricting official recognition to student groups that do not discriminate on the basis of gender against a college fraternity that admits only males: Today's ruling recognizes that although a college fraternity may have a First Amendment right of associative freedom to only admit males, that does not require subjecting to strict scrutiny, in order to withstand judicial review, the state university's policy restricting official recognition to student groups that do not discriminate on the basis of gender.
Posted at 11:40 AM by Howard Bashman


Will penile plethysmograph testing still be used in treating sex offenders in 2021? Uncertainty over the answer to that question today led the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit to reject as unripe a recently-convicted federal criminal defendant's challenge to that aspect of his supervised release conditions. The sentence of imprisonment that the defendant received means that the earliest he could be subjected to such testing is in the year 2021.
Posted at 11:25 AM by Howard Bashman


"Court: MDs need not say 'abortions kill'; Jersey decision on doctors' advice could have ripples throughout U.S." Kate Coscarelli has this article today in The Newark Star-Ledger.

And The New York Times reports today that "New Jersey's Top Court Rejects Suit on Abortion."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 09:23 AM by Howard Bashman



"UC Irvine aborts hiring Chemerinsky as law school dean; The constitutional scholar says university officials told him the deal was off to head the new school because he was too 'politically controversial'": Garrett Therolf and Henry Weinstein have this article today in The Los Angeles Times.

The newspaper also contains an editorial entitled "UC Irvine's cowardice: Rescinding Erwin Chemerinsky's job offer as the school's founding law dean was an act of self-destructiveness." Law Professor Douglas W. Kmiec has an op-ed entitled "In Chemerinsky's defense: No matter what your politics, UC Irvine's treatment of the legal scholar was wrong." And columnist Dana Parsons has an op-ed entitled "Excuse for UCI's fumble on law school dean not good enough."

law.com reports that "Calif. Law School Dumps Chemerinsky as Founding Dean; In wake of $20M gift from prominent Republican, officials decide scholar's politics are incompatible with offered job."

Meanwhile, in coverage from North Carolina, The Raleigh News & Observer today contains an article headlined "Prof too divisive for deanship? UC-Irvine withdraws its offer to Duke's Chemerinsky."

And The Duke Chronicle reports that "Chemerinsky loses offer at UC-Irvine; Deanship rescinded due to political views."
Posted at 09:17 AM by Howard Bashman



"California Supreme Court lets stand free-speech ruling for student": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The state Supreme Court rejected the Novato school district's challenge Wednesday to a ruling that upheld a high school journalist's right to write an anti-immigrant editorial and affirmed California's strong legal protections for students' free speech."
Posted at 09:10 AM by Howard Bashman


"U.S. Court Backs States' Measures to Cut Emissions": The New York Times today contains an article that begins, "A federal judge in Vermont gave the first legal endorsement yesterday to rules in California, being copied in 13 other states, that intend to reduce greenhouse gases emitted by automobiles and light trucks."

The Washington Post reports today that "Carmakers Defeated On Emissions Rules; States Can Set Standards, Judge Says."

The Los Angeles Times reports that "States gain sway on emissions curbs; A federal judge in a suit by automakers against Vermont bolsters California's effort to limit pollutants."

The Wall Street Journal reports that "Court Roils Auto-Rules Debate; Vermont Wins Right To Limit Emissions; Nationwide Ripples."

In The San Francisco Chronicle, Bob Egelko reports that "Federal judge gives boost to states on limiting vehicle emissions."

USA Today reports that "Judge says states can regulate emissions."

And The Rutland Herald reports that "'Green' car decision puts Vt. in spotlight."

My earlier coverage of yesterday's ruling of the U.S. District Court for the District of Vermont appears at this link.
Posted at 09:04 AM by Howard Bashman



"Four State Judges Sue Over Lack of Pay Raises": This article appears today in The New York Times.

And law.com reports that "N.Y. Judges' Suit Seeks 26 Percent Raise, Retroactive Pay."
Posted at 08:54 AM by Howard Bashman



"White House May Name Rosenstein To Appeals Court": The Washington Post today contains an article that begins, "U.S. Attorney Rod J. Rosenstein, Maryland's top federal prosecutor, is in the late stages of being vetted as a possible nominee to fill a long-standing vacancy on a federal appeals court in Richmond, law enforcement sources and people who have been questioned as part of the process said."
Posted at 08:48 AM by Howard Bashman


"Battle Over Calorie-Posting May Widen": The New York Times today contains an article that begins, "The restaurant industry seemed buoyed when a federal judge this week struck down a city health regulation that would have required nearly 2,400 New York City restaurants to post calorie information on their menus. But the ruling may backfire on the industry, leading to a broader range of restaurants' being bound by a nearly identical menu-labeling requirement."
Posted at 08:40 AM by Howard Bashman


Tenth Circuit delivers Hummer bummer: In a ruling posted online late yesterday, the U.S. Court of Appeals for the Tenth Circuit affirmed a federal district court's denial of a preliminary injunction that General Motors Corporation had sought against Urban Gorilla, LLC in a lawsuit alleging that Urban Gorilla's "body kits" infringe upon and dilute GM's trade dress rights in its Hummer line of vehicles.
Posted at 08:13 AM by Howard Bashman


"A Model of a Modern Attorney General: The limitations of legal judgment in the war on terror." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:04 AM by Howard Bashman


"Key Democrats Vow to Block Bush Nominee": The Associated Press provides a report that begins, "Senate Democrats will block Ted Olson from succeeding Alberto Gonzales as attorney general if President Bush nominates him, Majority Leader Harry Reid said Wednesday."

The Washington Post reports today that "Reid Says Senators Would Block Olson; Choice for Attorney General Awaited."

The New York Times reports that "Bush Is Warned on a Gonzales Successor." The newspaper also contains an editorial entitled "The Next Attorney General."

And in The Daily Journal of California, Lawrence Hurley has an article headlined "Can Professional Olson Pave the AG Way For Political Olson?"
Posted at 06:42 AM by Howard Bashman







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