How Appealing

Monday, November 13, 2006

"Study highlights amount of porn on Web": The San Jose Mercury News provides a news update that begins, "A confidential analysis of Internet search queries and a random sample of Web pages taken from Google and Micrsoft's giant Internet indices showed that only about 1 percent of all Web pages contain sexually explicit material. The analysis was presented during a federal court hearing last week in Philadelphia in a suit brought by the American Civil Liberties Union against Attorney General Alberto Gonzales and obtained on Monday by the Mercury News."
Posted at 10:54 PM by Howard Bashman

"Will Tort Reform Fade as New Priorities Emerge for Congress? Democrats to head judiciary panels." Marcia Coyle of provides this report.
Posted at 10:50 PM by Howard Bashman

"Roberts Says High Court Not About 'Political Preferences'; Chief Justice Says Separation of Powers Is Important": Jan Crawford Greenburg of ABC News provides this report.

And at "PrawfsBlawg," Dan Markel has a post titled "The Chief in Miami."
Posted at 10:45 PM by Howard Bashman

"Justice Department wants Guantanamo cases dismissed": Carol Rosenberg will have this article Tuesday in The Miami Herald.
Posted at 10:40 PM by Howard Bashman

"Lawyers agree judge should have better explained Ressam sentence": The AP provides a report that begins, "Federal appeals court judges considering the case of Ahmed Ressam said Monday that the judge who sentenced him to 22 years for planning to bomb Los Angeles International Airport 'didn't explain himself,' and they indicated that they might send the case back to have him spell out his rationale."
Posted at 10:35 PM by Howard Bashman

"Chief justice: boldness not an attribute on Supreme Court." The Associated Press provides this report from Miami.
Posted at 10:30 PM by Howard Bashman

"Supreme Court Upholds Death Sentence in California Case": This article will appear Tuesday in The Washington Post.
Posted at 10:18 PM by Howard Bashman

"Supreme Court reinstates California man's death sentence": David G. Savage of The Los Angeles Times provides this news update.
Posted at 08:54 PM by Howard Bashman

"Gay Marriage Issue Resurfaces in N.J. Legislature": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:50 PM by Howard Bashman

"Prosecutors Deny Padilla Torture Claims": The Associated Press provides this report.
Posted at 08:44 PM by Howard Bashman

"Government sees constitutional fight over detainee law": Lyle Denniston has this post at "SCOTUSblog." My earlier coverage is at this link.
Posted at 08:40 PM by Howard Bashman

"[D]espite the daunting potential that future attacks of the 9/11 proportion (or even greater) will be inflicted on this nation and its friends, when the threat is someday hopefully abated, the core values that underlie what is embodied in our Constitution must survive the war being waged against terrorism." So writes the U.S. District Court for the District of Columbia today in an opinion issued in the Scooter Libby case rejecting in large measure the federal government's proposals for using non-classified information and documents in place of the classified information that the court previously deemed relevant and admissible.

In early news coverage, The Associated Press provides a report headlined "Judge: Libby May Use Classified Data."
Posted at 05:54 PM by Howard Bashman

"'Da Vinci Code' author wins in US Supreme Court; The high court declined to hear a case alleging the bestseller used material from a California author": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 05:45 PM by Howard Bashman

"The battle over same-sex marriage: Couple split up, drop names from state court case." The San Francisco Chronicle today contains an article that begins, "The couple whose names top all the arguments in California's same-sex marriage court case -- expected to head back to court today -- have separated."
Posted at 05:42 PM by Howard Bashman

"Appeals court upholds one abortion regulation, strikes down other": The Associated Press provides this report from Ohio. My earlier coverage appears at this link.
Posted at 05:40 PM by Howard Bashman

"Administration: Detainees Have No Rights." The AP provides a report that begins, "The Bush administration said Monday that Guantanamo Bay prisoners have no right to challenge their detentions in civilian courts and that lawsuits by hundreds of detainees should be dismissed."
Posted at 03:42 PM by Howard Bashman

"Court Refuses Request in U.S. Man's Case": The Associated Press provides a report that begins, "The Supreme Court refused Monday to intervene to keep an American facing a death sentence in Iraq from being handed over to authorities in Baghdad."

And at "SCOTUSblog," Lyle Denniston has a post titled "Citizen plea denied by Court."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 03:02 PM by Howard Bashman

"Big Brother's watching Canadians ... and they don't like it": The Toronto Globe and Mail provides a news update that begins, "Almost half of Canadians find anti-terrorism laws in the post-9/11 world intrusive, according to a new international Queen's University survey." You can access the survey by clicking here.
Posted at 02:37 PM by Howard Bashman

"Widows Sue Over Wicca Symbol, Headstones": The Associated Press provides a report that begins, "The widows of two combat veterans sued the government Monday for not allowing Wiccan symbols on their husbands' military headstones."
Posted at 02:15 PM by Howard Bashman

U.S. District Judge Thomas M. Hardiman to receive Senate Judiciary Committee confirmation hearing tomorrow on his nomination to the U.S. Court of Appeals for the Third Circuit: You can view the hearing notice at this link.
Posted at 12:15 PM by Howard Bashman

"The Military Commissions Act of 2006: Examining the Relationship between the International Law of Armed Conflict and US Law." Law Professor John P. Cerone has this essay online today at the web site of the American Society of International Law.
Posted at 12:05 PM by Howard Bashman

Available online from C-SPAN's "America & the Courts": Two Saturdays ago, the broadcast consisted of video of "an oral argument from the Ninth Circuit Court of Appeals in EEOC v. Kidman argued in San Francisco on October 16th. The Court decides if owners of a restaurant in Arizona can institute an English-only policy for their employees." The start of the broadcast consisted of interviews on the steps of the U.S. Supreme Court following oral argument in Philip Morris USA v. Williams, the tobacco punitive damages case. You can access this broadcast online by clicking here (RealPlayer required).

And C-SPAN summarizes its broadcast from three Saturdays ago as follows: "U.S. District Judge John Jones talks about his ruling on intelligent design & judicial independence. In 2005 he ruled in favor of the 11 Dover, Pennsylvania parents who sued their local school district for teaching intelligent design in public schools. He held that intelligent design is a religious belief and not a scientific theory, and that teaching it in public schools violated the U.S. Constitution." You can access this broadcast online by clicking here (RealPlayer required).
Posted at 11:44 AM by Howard Bashman

"Representatives from the Clerk's Office of the Third Circuit Court of Appeals on prospects for electronic filing in the Third Circuit and emergency motion practice": You can access an mp3 audio file of the Philadelphia Bar Association's Appellate Courts Committee's November 8, 2006 meeting by clicking here. What you'll learn is that electronic filing is on the horizon, but what exactly that will mean for practitioners is as of yet unknown.

A bunch of additional podcast audios from the Philadelphia Bar Association -- some of which may be of interest to appellate practitioners -- can be accessed via this link.
Posted at 11:28 AM by Howard Bashman

"A Conversation with the Chief Justice: Jan Crawford Greenburg to hold discussion with Chief Justice John G. Roberts, Jr. at the University of Miami on Monday, November 13th." ABC News has issued a media advisory that states: "In a rare television discussion, the Honorable John G. Roberts Jr., Chief Justice of the United States, will sit down with ABC News' Jan Crawford Greenburg at the University of Miami tonight where he will be speaking to students as part of the University's Lecture Series. Chief Justice Roberts, who was sworn in as the 17th Chief Justice, will discuss the court, his views on the law, and his life since taking office.

"Portions of Jan Crawford Greenburg's conversation with Chief Justice John G. Roberts will air on ABC News 'Nightline,' Monday, November 13, 2006 at 11:35pm (ET/PT)."

And the University of Miami has issued a news release that begins, "The University of Miami is privileged to present Chief Justice John G. Roberts, Jr., as our esteemed guest for the inaugural program of the University Lecture Series. The lecture series features prominent individuals and premier programs for the intellectual engagement and cultural enrichment of the University community." The BankUnited Center, where this evening's event is taking place, offers a 7,900-seat capacity.
Posted at 10:50 AM by Howard Bashman

U.S. Court of Appeals for the Sixth Circuit declares unconstitutional Ohio's abortion-related "Single-Petition Rule," which limits to once per pregnancy the number of times a minor may seek a judicial bypass in lieu of parental consent: You can access today's ruling at this link.

The Brief for Appellees that the State of Ohio filed in the case can be accessed at this link.
Posted at 10:20 AM by Howard Bashman

"Specter: Bush nominees may be more moderate." The Philadelphia Inquirer today contains an article that begins, "With the loss of a Republican majority and his chairmanship of the Senate Judiciary Committee, Sen. Arlen Specter (R., Pa.) said President Bush may be forced to nominate more moderate judges should other Supreme Court vacancies occur."
Posted at 10:08 AM by Howard Bashman

Today's opinion in an argued case and Order List from the Supreme Court of the United States: At "SCOTUSblog," Lyle Denniston has a post titled "Court again upholds California capital instruction" that begins, "In a 5-4 ruling, the Supreme Court on Monday found -- for a third time -- that California's special 'catchall' instruction to juries in death penalty cases provides enough opportunity for jurors to consider all favorable evidence for the accused."

Today's ruling in Ayers v. Belmontes, No. 05-493, was the only opinion in an argued case issued today. You can access the oral argument transcript in that case by clicking here.

It's been a few years since a new Term's first opinion in an argued case produced a 5-4 ruling. The Court next hears oral arguments on Monday, November 27, 2006, and the next likely day on which opinions will issue is Tuesday, November 28, 2006.

Today's Order List can be accessed at this link. The Court granted review in no new cases today.

In early news coverage, The Associated Press reports that "Court Reinstates Calif. Man's Execution"; "High Court Won't Review Skakel Verdict"; and "Court Won't Hear 'Da Vinci Code' Case."

Bloomberg News reports that "Skakel Murder Conviction Left Intact by U.S. Supreme Court" and "'Da Vinci Code' Author Fends Off Copyright Claim at High Court."

And James Vicini of Reuters reports that "Top court rejects Kennedy relative murder case."
Posted at 10:05 AM by Howard Bashman

"Ten Tips for Excellence in Appellate Advocacy": This week's installment of my "On Appeal" column for can be accessed at this link.
Posted at 08:24 AM by Howard Bashman

"Court to Hear Millennium Plot Appeal": The Associated Press provides a report that begins, "Prosecutors and defense attorneys are challenging aspects of the 22-year sentence imposed on Ahmed Ressam for plotting to bomb Los Angeles International Airport on the eve of the new millennium."

The matter will be argued in Seattle today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Assigned to that three-judge panel are Senior Circuit Judge Arthur L. Alarcon and Circuit Judges Pamela Ann Rymer and Marsha S. Berzon.
Posted at 08:20 AM by Howard Bashman

U.S. District Judge allows City of Las Cruces, New Mexico to keep the crosses in its logo: The Las Cruces Sun-News reported on Friday that "Cross lawsuit vs. city tossed" (via "Religion Clause"). You can access the ruling of the U.S. District Court for the District of New Mexico at this link.

And The Associated Press reports that "Judge Tosses Suit Challenging City Logo."

You can view the logo in question via this post at the "Logo Design" blog. My earlier coverage appears at this link.
Posted at 08:14 AM by Howard Bashman

"No easy answers: Efforts by Lynn to better integrate the city's schools have resulted in classrooms that are far more diverse; But critics charge that race-conscious programs like Lynn's are discriminatory -- an argument the Supreme Court will hear next month; How far can a public school system go to promote integration?" This lengthy article appeared yesterday in The Boston Globe.
Posted at 08:03 AM by Howard Bashman

"Time up for last major Enron exec; Because of deal, Causey's sentence Wednesday could exceed Fastow's": The Houston Chronicle today contains an article that begins, "The last of Enron's felonious uppermost echelon is slated to learn his punishment this week for helping perpetuate one of the biggest corporate frauds ever."
Posted at 08:00 AM by Howard Bashman

"Take another crack at that cocaine law": Today in The Los Angeles Times, Eric E. Sterling has an op-ed that begins, "One of our most infamous contemporary laws is the 100-1 difference in sentencing between crack cocaine and powder cocaine."
Posted at 07:54 AM by Howard Bashman

"Times writer wins honor; Legal affairs reporter Henry Weinstein is the recipient of this year's John Chancellor Award": This article appears today in The Los Angeles Times.
Posted at 07:48 AM by Howard Bashman

"Crimping eminent domain; Homeowners see a victory, but governments say the results may hamper revitalization": The St. Petersburg Times contains this article today.
Posted at 07:45 AM by Howard Bashman

"Partial-Birth Replay: The Supreme Court has to decide whether it meant what it said about 'partial-birth' abortion." This editorial appears today in The Washington Post.
Posted at 07:35 AM by Howard Bashman

"Michigan Prefers Equality: Ward Connerly triumphs again." Abigail Thernstrom has this essay online at OpinionJournal.
Posted at 06:40 AM by Howard Bashman

"Why It Was A Mistake for a California Judge To Dismiss Britney Spears's Defamation Lawsuit Against US Weekly": Julie Hilden has this essay online at FindLaw.
Posted at 06:35 AM by Howard Bashman

"Blawg Review # 83": Available online here, at Law Professor Rick Hasen's "Election Law" blog.
Posted at 06:30 AM by Howard Bashman

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