How Appealing

Tuesday, October 24, 2006

"The Supreme Press Critics: Scalia, Alito, and Kennedy take on the Fourth Estate." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:20 PM by Howard Bashman

"The terror of Tehran: How can Canada bring Saeed Mortazavi to trial for the Kazemi murder?" Luiza Ch. Savage has this article in the current issue of Maclean's magazine.

NPR's "Morning Edition" in June 2006 aired a related audio segment entitled "Canada Calls for Arrest of Iranian Official" (RealPlayer required).
Posted at 05:20 PM by Howard Bashman

California state appellate court affirms ruling that denied motion to dismiss libel lawsuit filed by Michael A. Newdow challenging statement in an article published on the internet: You can access today's not-for-publication ruling by California's Court of Appeal for the First Appellate District at this link.
Posted at 04:27 PM by Howard Bashman

"NJ Gay Marriage Ruling Coming Wednesday": The AP provides a report that begins, "Gay couples will learn Wednesday whether they will have the right to marry in New Jersey. Winnie Comfort, a spokeswoman for the state judiciary, said the New Jersey Supreme Court will release its highly anticipated decision in a case brought by seven gay couples who claim the state constitution entitles them to marry."

The notice from the Supreme Court of New Jersey that its same-sex marriage ruling will issue tomorrow can be viewed at this link.
Posted at 04:18 PM by Howard Bashman

"Blind Web Surfers Sue for Accessibility": The Associated Press provides this report. As noted in this earlier post, Target is a target of those pursuing court action to achieve web access for the blind.
Posted at 04:14 PM by Howard Bashman

"Skilling's possible new home; FCI Butner, a medium security prison located in N.C., is also home to convicted spy, congressman": provides this report. The Federal Bureau of Prisons' web page for FCI Butner is here. The different levels of security at federal correctional facilities are explained at this link.
Posted at 04:10 PM by Howard Bashman

"Ottawa must redefine 'terror'; Ruling comes during case of programmer accused of aiding British cell": The Toronto Star provides a news update that begins, "Canada’s new Anti-Terrorism Act failed its first judicial test today when an Ontario judge declared unconstitutional a key part of the definition of what constitutes a terrorist act."

And Canadian Press reports that "Judge strikes down part of anti-terror law."

It takes a few days for the rulings of Ontario's Superior Court of Justice to become available online. Last Friday, I had a post titled "Court Overturns Parts of Secrecy Law in Canada." The ruling that was the subject of that post can now be accessed here.
Posted at 03:40 PM by Howard Bashman

"Ontario no 'dumping ground' for U.S. offenders: McGuinty." The Toronto Globe and Mail provides this news update. My earlier coverage appears at this link.
Posted at 03:38 PM by Howard Bashman

"Election Deform: The Supreme Court messes up election law. Again." Law Professor Richard L. Hasen (author of the "Election Law" blog) has this jurisprudence essay online at Slate.
Posted at 03:33 PM by Howard Bashman

"Atkins left to the states the procedures to be followed by the courts when a capital defendant raises a claim of mental retardation. This case requires that we establish such procedures in New Jersey." The Supreme Court of New Jersey issued this decision today.

In early coverage, The Associated Press reports that "NJ Court Axes New Death Penalty Rules."
Posted at 03:14 PM by Howard Bashman

"Constitution, Schmonstitution": CBS News legal analyst Andrew Cohen today has an essay that begins, "Suddenly, the most sacred text in America is under attack from all sides."
Posted at 02:18 PM by Howard Bashman

"Nuns may land back in prison as judge insists on restitution": The Denver Post today contains an article that begins, "A federal judge has rejected the community-service plans he requested 10 months ago from three nuns convicted of hurting national defense when they protested U.S. nuclear policies at a missile silo. That means Dominican Sisters Ardeth Platte, Carol Gilbert and Jackie Hudson could face more time in jail if they refuse to pay $3,082 in restitution to the Air Force. 'We are surprised. I'm trying to make sense of it,' Platte, 70, said Monday after learning of the decision by U.S. District Court Judge Robert Blackburn. 'There's no way we could pay the military. It would be impossible for us to give money to the military because of what they would do with it. And the judge knows that. He knows our conscience,' Platte said from a mission in Baltimore."
Posted at 12:08 PM by Howard Bashman

Does "Everything that is stupid is not unconstitutional" equal "Every stupid thing is constitutional"? Or is Ann Althouse, in her discussion of Justice Antonin Scalia's remarks this past weekend as reported by The Associated Press, merely proving the point made by Justice Samuel A. Alito, Jr. that judges are being subjected to untoward nitpicking on the internet.

I discussed Justice Scalia's intended point in my Slate essay headlined "Poll-Tergeist: Why the Supreme Court shouldn't care what you think."
Posted at 11:00 AM by Howard Bashman

"Sentence for sexual abuse: three years' exile in Canada." Yesterday's edition of The Toronto Globe and Mail contained an article that begins, "After a judge convicted him of sexually abusing a 15-year-old student, teacher Malcolm Watson was offered two punishment options: an American jail cell or exile to Canada. Mr. Watson chose Canada. The unusual sentence, which has immigration lawyers questioning its legality, means that Mr. Watson, 35, must stay out of the United States for the next three years. A U.S. citizen who taught at the elite Buffalo Seminary girls' school, he has a Canadian wife and family."

The Buffalo News reports today that "Teacher, admitting charge, sent to Canada; Watson apologizes for sex abuse." And on Sunday, the newspaper reported that "Ex-teacher to begin exile in Canada; Plea deal allowed him to avoid time in jail; lawyers question whether ban is legally enforceable."

The Toronto Star today contains an article headlined "Why send predator here, Canada asks U.S.; Report sought on U.S. judge's ruling; Offender could be barred at border." Yesterday's newspaper reported that "U.S. teacher exiled to Canada."

And The Toronto Sun today contains articles headlined "Perv isn't welcome; St. Catharines neighbours shocked that predator was told by U.S. judge to live in Canada" and "'Canada is not a safe haven.'"

Additional blogospheric discussion can be found at "PrawfsBlawg"; "Sentencing Law and Policy"; and's "Law Blog."
Posted at 10:40 AM by Howard Bashman

"Q&A: Skilling's Lawyer on the Appeal; Daniel Petrocelli, who won the civil case against O.J. Simpson, discusses how he will likely appeal the former Enron CEO's guilty verdict." provides this report.
Posted at 10:17 AM by Howard Bashman

"Judge: Rapper can be seen but not heard; Interviews out, photos OK under house arrest." This article appears today in The Times-Picayune of New Orleans.
Posted at 10:15 AM by Howard Bashman

"Thomas Goldstein: The Personal Marketer of The Year." The Professional Business Development Institute will be presenting this online program on Thursday. The registration fee is $300.
Posted at 10:00 AM by Howard Bashman

On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Skilling Plans Appeal After Lengthy Prison Sentence" and "Convicted Smuggler Proves Links to the CIA" (RealPlayer required).
Posted at 09:55 AM by Howard Bashman

"Abortion ban campaigns investing in TV ads": The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, "As the Nov. 7 election nears, the campaigns for and against South Dakota's ban on almost all abortions are ramping up spending on television advertising."
Posted at 09:50 AM by Howard Bashman

"Enron's Skilling Is Sentenced to 24 Years": This article appears today in The New York Times.

The Washington Post today contains a front page article headlined "Skilling Gets 24 Years for Fraud at Enron; Former Workers Tell of Hard Times Over Lost Jobs, Retirement Savings."

The Los Angeles Times reports that "Former Enron CEO gets 24-year sentence; Jeffrey Skilling is ordered to pay $45 million; He talks of remorse but says, 'I am innocent.'"

The Chicago Tribune reports that "Enron's Skilling gets 24-year prison term; Judge rejects his plea for leniency."

USA Today contains articles headlined "24 years for Skilling in Enron case; Several fraud victims speak at sentencing of former CEO" and "Pride at root of Skilling's downfall; Couldn't admit that some Enron initiatives failed." And an editorial is entitled "By claiming he's guiltless, Skilling proves he's clueless."

The Houston Chronicle contains articles headlined "Skilling maintains innocence, vows appeal; Judge orders him to pay $45 million in restitution"; "Legal experts weigh Skilling's chances; No probable points are thought of as clear winners"; "Government sues Ken Lay's estate; $12.7 million in assets sought, including family's River Oaks condo"; "Sentence not final chapter for some; Ex-employees still face a fight to gain restitution"; and "Other trials likely; shareholder suit on tap." In addition, columnist Loren Steffy has an essay entitled "Market rebounds, but Skilling won't."

And Texas Lawyer reports that "Former Enron CEO Jeffrey Skilling Sentenced to 24 Years in Prison; Skilling's defense firm may get $15.5 million under restitution agreement."
Posted at 08:10 AM by Howard Bashman

"Ballot measures propose limits on judicial authority": The Washington Times today contains an article that begins, "Western conservatives are gunning for the judiciary this election year with a half-dozen ballot measures that would rope in the authority of what they describe as activist judges."
Posted at 08:00 AM by Howard Bashman

"First, Rename All the Lawyers": Today in The New York Times, Law Professor John Fabian Witt has an op-ed that begins, "If a rose would smell as sweet by any other name, will trial lawyers smell better with a new one?"
Posted at 07:48 AM by Howard Bashman

"The Don't Show Me State: The liberal assault on voter ID laws." The Wall Street Journal today contains this editorial (free access).
Posted at 07:44 AM by Howard Bashman

"What's in a Name? For James Bell, It's A Baseball Lawsuit." This article appears today in The New York Sun.
Posted at 07:42 AM by Howard Bashman

"Federal Judge Orders New York Times To Identify Confidential Sources": Josh Gerstein has this article today in The New York Sun.

Today in The New York Times, Neil A. Lewis reports that "Times Is Ordered to Reveal Columnist's Sources."

And The Washington Post reports that "New York Times Columnist Must Reveal Sources, Judge Rules."
Posted at 07:40 AM by Howard Bashman

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