How Appealing

Thursday, November 2, 2006

"Officials See Qaeda Trials Using New Law in 2007": In Friday's edition of The New York Times, Neil A. Lewis will have an article that begins, "The Pentagon expects to begin conducting the first war crimes trials at Guantanamo Bay, Cuba, under the new military commission law by summer, senior military officials have said."
Posted at 11:00 PM by Howard Bashman

"Writer defends columns in justice defamation case": The Chicago Tribune provides this news update. Today's print edition of that newspaper contained an article headlined "Ex-writer: I didn't call justice; Claims not backed up firsthand, he says."

The Chicago Sun-Times today contains an article headlined "Columnist: I never witnessed Thomas bias; Disputes claim he didn't try to contact justice."

The Daily Herald of Arlington Heights, Illinois reports today that "Writer's fairness under attack; Columnists testifies subjects had no chance to respond."

And The Kane County Chronicle contains an article headlined "No 'personal' knowledge of judicial bias toward official, columnist says."
Posted at 10:54 PM by Howard Bashman

Available online from In news from California, "SUV Case Will Keep Haunting Automakers."

And Justin Scheck reports that "9th Circuit Dissent Goes to Nth Degree."
Posted at 10:11 PM by Howard Bashman

"Employers still liable despite injury waiver, court rules": The Associated Press provides a report that begins, "Requiring a worker to sign a liability waiver does not give blanket immunity to employers if that person is later hurt on the job, the state Supreme Court has ruled."

You can access today's ruling of the Supreme Court of Connecticut at this link.
Posted at 10:08 PM by Howard Bashman

"State appeals court dismisses Maag's defamation lawsuit": The Associated Press provides a report that begins, "Former Illinois state Supreme Court candidate Gordon Maag's $110 million defamation lawsuit over a 2004 campaign flier suffered another legal setback Thursday, when an Illinois appellate court on which he once sat tossed out the case."
Posted at 08:55 PM by Howard Bashman

"U.S. Supreme Court to rule on Coweta pursuit; 2001 crash in PTC left speeding suspect a paraplegic": This article appears today in The Citizen of Fayetteville, Georgia.
Posted at 08:40 PM by Howard Bashman

"Bush Cites Chief Justice in Vote Rally": The Associated Press provides a report that begins, "Searching for new arguments to mobilize conservative voters, President Bush said Thursday that Chief Justice John Roberts would not be on the Supreme Court if Democrats controlled the Senate."
Posted at 08:38 PM by Howard Bashman

"State high court won't hear Ford's appeal of crash award; San Diego woman paralyzed in crash": The San Diego Union-Tribune today contains an article that begins, "The state Supreme Court declined yesterday to hear an appeal of a multimillion dollar award against the Ford Motor Company stemming from an Explorer rollover crash that left a San Diego woman paralyzed. The decision was a blow to the company's efforts to overturn a verdict handed down by a San Diego jury in 2004. At the time it was the company's first loss after a dozen wins in a wave of rollover lawsuits filed across the country challenging the safety of the popular sports utility vehicle. In a statement yesterday the company indicated it would appeal to the U.S. Supreme Court."
Posted at 08:33 PM by Howard Bashman

"LawBeat": That's the title of the new law-related blog written by Mark Obbie of the Carnegie Legal Reporting Program at the S.I. Newhouse School of Public Communications at Syracuse University.

And in somewhat related news, The Associated Press reports that "Chief justice to help Syracuse dedicate new journalism building."
Posted at 08:23 PM by Howard Bashman

"Obstetricians Challenge Partial-Birth Abortion Ban": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:17 PM by Howard Bashman

"Our Preference": National Review Online today has posted an editorial that begins, "In 2003, when the Supreme Court granted the University of Michigan's admissions officers the right to judge students by the color of their skin, then-Justice Sandra Day O'Connor wrote of her wish that '25 years from now the use of racial preferences will no longer be necessary.' The truth is that they aren't necessary today -- and they're actually hurting the people they're supposed to help."
Posted at 08:15 PM by Howard Bashman

"Prompt release of tapes on abortion cases": Lyle Denniston has this post at "SCOTUSblog."

And The Associated Press reports that "Supreme Court to Release Audiotape."

This suggests that the U.S. Supreme Court's new same-day release of oral argument transcripts is not causing the Court to be more reluctant to release same-day audiotapes in cases of widespread interest.
Posted at 05:11 PM by Howard Bashman

"South Dakota Voters Weigh Abortion Ban": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:50 PM by Howard Bashman

Jurors won't hear from defendant's proposed "faulty memory" expert in Scooter Libby criminal trial: The U.S. District Court for the District of Columbia issued this ruling today.

The good news for the defense team is that once sufficient time passes, today's adverse ruling is bound to be forgotten.

Update: The Associated Press reports that "Judge Rules Against Libby."
Posted at 04:40 PM by Howard Bashman

Eleventh Circuit affirms grant of summary judgment dismissing copyright infringement claim against Walt Disney World Company for creating EPCOT: You can access today's ruling at this link.
Posted at 03:45 PM by Howard Bashman

"First new briefs on detainees' rights": Lyle Denniston has this post at "SCOTUSblog" linking to PDF copies of the briefs.
Posted at 03:25 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Abortion's Impact a Key Issue in SD" and "Questions About Torture May Slow Trials."
Posted at 03:24 PM by Howard Bashman

Programming note: I'll be meeting with co-counsel in a pending appeal for most of the day. Additional updates will appear here later today. Readers who wish to draw interesting rulings or other items to my attention are, as always, invited to do so via email to appellateblog -at-
Posted at 07:33 AM by Howard Bashman

"Female Voters Courted in Affirmative-Action Fight": Today in The Washington Post, David S. Broder provides this report from Detroit.
Posted at 06:48 AM by Howard Bashman

"MLK's niece: Ban is a civil rights issue; Leader's relative speaks at Augustana." The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, "The effort to end abortions in South Dakota, in some minds, parallels the civil rights movement."
Posted at 06:45 AM by Howard Bashman

"Torts gone wild: Justices risk sending the wrong message in a 'hard case' concerning punitive-damage awards." The Los Angeles Times contains this editorial today.
Posted at 06:42 AM by Howard Bashman

"Marriage limits set to face stiff fight in 3 states": This article appears today in The Washington Times.
Posted at 06:38 AM by Howard Bashman

"Hearing Frames Power Struggle; Judiciary, Legislature Clash Over Sullivan": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 06:37 AM by Howard Bashman

"Court Says Consensual Sex Can't Become Rape": This article appears today in The Washington Post. My earlier coverage is at this link.
Posted at 06:35 AM by Howard Bashman

"Justices Challenge EPA's Arguments in Clean Air Act Case": Charles Lane has this article today in The Washington Post.

And The Charlotte Observer reports today that "High court presses Duke case lawyers; Several justices' questions focus on interpretation of measure on emissions and at what point pollution controls must be added."
Posted at 06:32 AM by Howard Bashman

"Military Pressed Over Expressions of Faith": The Washington Post today contains an article that begins, "The U.S. military is being buffeted by dueling legal claims over religion, with one set of plaintiffs contending that the Pentagon is suppressing evangelical Christianity and another set arguing just the opposite -- that the brass gives the most aggressive evangelicals free rein to proselytize in uniform."
Posted at 06:28 AM by Howard Bashman

"Voting for Judicial Independence": The New York Times today contains an editorial that begins, "Nearly obscured by the struggle for control of Congress, there is another important battle in a handful of states over measures aimed at punishing judges for their official rulings and making them more captive to prevailing political winds."
Posted at 06:23 AM by Howard Bashman

"Despite Flawed Defense, a Death Sentence Stands": Adam Liptak has this article today in The New York Times. My earlier coverage appears at this link.
Posted at 06:22 AM by Howard Bashman

"Ex-Judges: Detainee Law Unconstitutional." The Associated Press provides a report that begins, "Seven retired federal judges from both political parties have joined dozens of Guantanamo Bay detainees in urging an appeals court to declare key parts of President Bush's new anti-terrorism law unconstitutional."

And The Washington Post reports today that "Detainees' Attorneys Ask Court to Allow Challenges."
Posted at 06:20 AM by Howard Bashman

"Life, liberty and property rights: Six state initiatives in the West aim to ride the wave of public sentiment against government seizures of private property. Sounds like a winner? Well, better read the fine print." Mary Zeiss Stange has this op-ed today in USA Today.
Posted at 06:17 AM by Howard Bashman

"Court's role could reduce China's executions; Policy known as ‘kill fewer, kill carefully'": This article appears today in USA Today.
Posted at 06:15 AM by Howard Bashman

"Can Religion-Affiliated Organizations Opt Out of Laws Mandating that If Their Employee Health Insurance Covers Prescription Drugs, It Must Also Cover Contraception? New York's Highest Court Says No." Marci A. Hamilton has this essay today at FindLaw.
Posted at 06:11 AM by Howard Bashman

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