How Appealing

Tuesday, November 28, 2006

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "German Plaintiff Appeals Court Ruling in Torture Case" and "Lawyer's Apprentice: Reading the Law in Vermont" (RealPlayer required).
Posted at 11:15 PM by Howard Bashman

Adam Liptak is reporting: Wednesday in The New York Times, he will have articles headlined "Lawyers Debate Why Blacks Lag at Major Firms" and "Ruling Lets Women Share Rights in Fight Over Custody."
Posted at 11:10 PM by Howard Bashman

"Man Mistakenly Abducted by C.I.A. Seeks Redress": In Wednesday's edition of The New York Times, Neil A. Lewis will have an article that begins, "A lawyer for a German man who was abducted while on vacation in Macedonia and said he was tortured while in C.I.A. custody in Afghanistan urged a federal appeals court on Tuesday to reinstate his lawsuit against the agency, which had been dismissed for national security reasons."
Posted at 11:05 PM by Howard Bashman

"Justices to Decide Merits of Global Warming Petition": This article will appear Wednesday in The New York Times.
Posted at 11:02 PM by Howard Bashman

Joan Biskupic is reporting: In Wednesday's edition of USA Today, she will have articles headlined "Supreme Court to hear case on global warming; States seek federal oversight of emissions" and "Supreme Court patent case comes down to stating 'obvious.'"
Posted at 10:55 PM by Howard Bashman

"Supreme Court battle considers regulation of greenhouse gases": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 07:55 PM by Howard Bashman

"Listen Up: The Supreme Court's hot/cold audio-casting policy." Dahlia Lithwick has this jurisprudence essay online at Slate.

I too have argued in favor of same-day release of oral argument audio from the U.S. Supreme Court.
Posted at 07:50 PM by Howard Bashman

"Supreme Court hearing abstract patents case": Jim Puzzanghera of The Los Angeles Times provides this news update.
Posted at 07:44 PM by Howard Bashman

"Virginia appeals court: Vt. has say in lesbian custody battle." The Associated Press provides a report that begins, "A Virginia appeals court sidestepped the issue of civil unions Tuesday and ruled that Vermont courts have jurisdiction in a custody battle between two former lesbian partners."

The "SW Virginia law blog" covers the ruling in a post titled "Virginia Court of Appeals tiptoes around DOMA in Miller-Jenkins case."

You can access today's ruling of the Court of Appeals of Virginia at this link.
Posted at 07:40 PM by Howard Bashman

"Pelosi Passes on Hastings, Harman for House Intel Chair": The Washington Post provides this news update.

Earlier, in today's edition of The Daily Journal of California, Lawrence Hurley has an article headlined "Congressman Rises Above Impeachment; Disgraced Ex-Judge Could Chair House Intelligence Panel."
Posted at 07:13 PM by Howard Bashman

"Key test of state power for Supreme Court: In a case of state vs. federal bank laws, to be argued Wednesday, the Roberts court may offer clues to its stance on federalism." Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 06:00 PM by Howard Bashman

"A View from the Bench: The unpersuasive case for judicial activism." In the December 4, 2006 issue of The Weekly Standard, Edward Whelan has this review of Law Professor Kermit Roosevelt III's new book, "The Myth of Judicial Activism: Making Sense of Supreme Court Decisions."
Posted at 05:54 PM by Howard Bashman

"Justice shares his change in thinking about flag desecration": Online at the First Amendment Center, Tony Mauro has a report that begins, "Supreme Court Justice John Paul Stevens, who voted to uphold laws that banned flag-burning in rulings in 1989 and 1990, now opposes a constitutional amendment that would accomplish the same thing."

C-SPAN aired Justice Stevens' remarks this past Saturday night, and I linked to the video of the broadcast in this recent post.
Posted at 05:45 PM by Howard Bashman

"Judge: Make Bills Recognizable to Blind." The Associated Press provides a report that begins, "The government discriminates against blind people by printing money that all looks and feels the same, a federal judge said Tuesday in a ruling that could change the face of American currency."

My earlier coverage appears at this link.
Posted at 05:40 PM by Howard Bashman

"Justices Slam Nation's Patent System; Federal Circuit Chief Defends Three-Part Test":'s Tony Mauro provides this report. The article includes statements from the Federal Circuit's Chief Judge, Paul R. Michel, whom Mauro interviewed after today's oral argument.
Posted at 05:10 PM by Howard Bashman

"Top court criticizes patent 'obviousness' test": Reuters provides this report.
Posted at 04:14 PM by Howard Bashman

A quote from the U.S. Supreme Court's oral argument transcript today in KSR International Co. v. Teleflex, Inc., 04-1350: At page 49 of the transcript, the following exchange appears:
CHIEF JUSTICE ROBERTS: Who do you get to be an expert to tell you something's not obvious.

MR. GOLDSTEIN: You get --

CHIEF JUSTICE ROBERTS: I mean, the least insightful person you can find?


You can access the complete transcript at this link.
Posted at 03:32 PM by Howard Bashman

"Marketplace: Supreme Court Hears Patents Case." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:15 PM by Howard Bashman

"Supreme Court Signals Change in U.S. Patent Protection Rules": Bloomberg News provides this report.

And c|net reports that "Supreme Court weighs 'obviousness' of patents."
Posted at 03:10 PM by Howard Bashman

Seventh Circuit Judge Richard A. Posner appeared on today's broadcast of C-SPAN's "Washington Journal": You can view the broadcast, during which Judge Posner also answered questions from callers, by clicking here (RealPlayer required).
Posted at 03:04 PM by Howard Bashman

Access online the transcripts of today's oral arguments in the U.S. Supreme Court: Now available online are the transcripts of oral argument in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381, and KSR International Co. v. Teleflex, Inc., 04-1350.
Posted at 02:57 PM by Howard Bashman

"Interview: David Lat: Former Federal Prosecutor and Wachtell Lipton Associate Turned Celebrity Blogger." The blog "JD Bliss" has posted online this interesting interview.
Posted at 02:45 PM by Howard Bashman

"Reading Twombly Tea Leaves on Boylston Street": Randy Picker has this post today at "The Faculty Blog" of the University of Chicago Law School.
Posted at 02:40 PM by Howard Bashman

"High Court Hears Logging Industry Case": The Associated Press provides this report.
Posted at 02:34 PM by Howard Bashman

Show me the money! U.S. District Judge James Robertson of the U.S. District Court for the District of Columbia today issued a ruling in American Council of the Blind v. Paulson, Secretary of the Treasury holding that "the Treasury Department's failure to design and issue paper currency that is readily distinguishable to blind and visually impaired individuals violates ยง 504 of the Rehabilitation Act."

Earlier, the opinion observes that "Most people with low vision, and all blind people, are incapable of looking at American currency and distinguishing one denomination from another."

Judge Robertson has certified his decision as one involving "a controlling question of law as to which there is substantial ground for difference of opinion, and an immediate appeal from this order may materially advance the ultimate termination of this litigation." As a result, the U.S. Treasury Department can now pursue an interlocutory appeal by permission to the U.S. Court of Appeals for the D.C. Circuit.
Posted at 02:25 PM by Howard Bashman

"Analysis: Patent law made for tinkerers?" Lyle Denniston has this post online at "SCOTUSblog."
Posted at 02:15 PM by Howard Bashman

Available today from National Review Online: Roger Clegg has an essay entitled "Race-Based Review: Compelling issues before the Court."

And Byron York has an essay entitled "Alcee Hastings: I'm An Innocent Victim of Politics; He says his impeachment was a political hit job; The record says otherwise."
Posted at 12:40 PM by Howard Bashman

Does the U.S. Navy discriminate against evangelical chaplains? Today the U.S. Court of Appeals for the D.C. Circuit issued an opinion addressing the claims of unlawful discharge asserted by Rev. D. Philip Veitch.

The D.C. Circuit's opinion's first paragraph concludes: "[Veitch's] complaint alleged that he had been constructively discharged for unconstitutional reasons; that the Navy had forced him out of the service in violation of his First Amendment rights to free speech and free exercise of religion and in contravention of the Establishment Clause. The district court concluded that since Veitch had resigned voluntarily, he lacked standing to bring his constitutional claims. We affirm."
Posted at 10:40 AM by Howard Bashman

"EPA argument 11/29/06: Major precedent looms? Maybe not." Lyle Denniston has this post online at "SCOTUSblog."
Posted at 10:27 AM by Howard Bashman

"Philip Morris prevails in Illinois smokers' suit": The St. Louis Post-Dispatch contains this article today.

And in other cert. denied-related coverage, The Providence (R.I.) Journal reports today that "High court won't hear smoke-shop raid case; The U.S. Supreme Court's decision means a federal appeals court ruling that the state had the right to raid the Indian smoke shop in 2003 will stand."

The Express-Times of Easton, Pennsylvania reports today that "Supreme Court rejects tribe's claim to Forks Township land."

And The Allentown Morning Call reports that "High court rejects Indian tribe's case; Forks property owners are pleased that land dispute is over."
Posted at 08:50 AM by Howard Bashman

"City in suit on climate change; High court to hear arguments on EPA's authority to regulate greenhouse gases": This article appears today in The Baltimore Sun.
Posted at 08:45 AM by Howard Bashman

"Court to consider whether sperm donor has parental rights": The Associated Press provides this report from Kansas.
Posted at 08:44 AM by Howard Bashman

"Dixie courthouse unveils the Ten Commandments": The Gainesville Sun today contains an article that begins, "Dozens of county residents took a few extra minutes on the way home from church Sunday or on the way to work Monday morning to drive past the Dixie County courthouse to see for themselves if what they had heard was true. It was. A six-ton block of granite bearing the Ten Commandments had been installed atop the courthouse steps. Inscribed at the base was the admonition to 'Love God and keep his commandments.'"

The newspaper also provides this photograph of the monument.
Posted at 08:40 AM by Howard Bashman

"Reduced payout in libel suit rejected; State's top judge offered to lessen $7 million award": The Chicago Tribune today contains an article that begins, "An attorney for Illinois Supreme Court Chief Justice Robert Thomas said Monday that his client offered to accept a reduced settlement after a $7 million victory in a defamation case against a Kane County newspaper, but opposing attorneys did not respond."
Posted at 08:35 AM by Howard Bashman

"Supreme Court Reviews U.S. Patent Rules in Suit Over Gas Pedals": Bloomberg News provides this report.
Posted at 08:30 AM by Howard Bashman

"Justice review will assess NSA surveillance conduct": The Washington Times contains this article today.
Posted at 08:28 AM by Howard Bashman

"Global Warming Goes to Court": This editorial appears today in The New York Times.

And The Houston Chronicle today contains an editorial entitled "Clearing the air: Supreme Court should label greenhouse gases pollutants that cause global warming and threaten public health."
Posted at 08:27 AM by Howard Bashman

"Justices rule on transport of medicinal pot; State high court decision protects patients who carry marijuana for their own use; The action expands defense options, attorney says": Maura Dolan has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Transporting pot is legal for medicinal users, court rules; But conviction of man with a pound of marijuana upheld."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:25 AM by Howard Bashman

"Court declines school-choice appeal": The Washington Times contains this article today.
Posted at 08:15 AM by Howard Bashman

"Ivy Apologizes for Hosting 'Fighting Sioux'": This article appears today in The Harvard Crimson.

And The Dartmouth provides a news update headlined "National news media cover Harper apology; College, UND reactions mixed."
Posted at 08:12 AM by Howard Bashman

"Giordano Attacked In Prison": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Former Waterbury Mayor Philip Giordano, serving a 37-year sentence for sexually assaulting two preteen girls while mayor, was attacked this past weekend by another inmate in a housing unit at a Newtown prison."

And The News-Times of Danbury reports today that "Garner prisoner accused of assaulting ex-Waterbury mayor."
Posted at 08:04 AM by Howard Bashman

On this date in 1975: As The Associated Press notes here, "President Ford nominated Federal Judge John Paul Stevens to the U.S. Supreme Court seat vacated by William O. Douglas."
Posted at 08:00 AM by Howard Bashman

"An Intelligent Choice for A Key Panel": Today in The Washington Post, attorney Terence J. Anderson has an op-ed that begins, "No one can reasonably question Alcee Hastings's qualifications to serve as chairman of the House intelligence committee."
Posted at 07:54 AM by Howard Bashman

"Nicaragua's Total Ban On Abortion Spurs Critics": This front page article appears today in The Washington Post.
Posted at 07:50 AM by Howard Bashman

"Beyond Same-Sex Marriage: Can Mitt Romney spur a broader debate?" Brendan Miniter has this essay online today at OpinionJournal.
Posted at 07:48 AM by Howard Bashman

"Victory on the Hill Within Reach for Gay Community": Josh Gerstein has this article today in The New York Sun.
Posted at 07:47 AM by Howard Bashman

"Gay marriage bans proposed; But backers of the 2 bills also want new rights for untraditional families": This article appears today in The Newark (N.J.) Star-Ledger.

The New York Times today contains an article headlined "In Trenton, a Move to Define Marriage."

And The Philadelphia Inquirer reports that "Dems looking to civil unions; Two N.J. legislators say a quick resolution - not one on marriage - would help them meet a U.S. deadline."
Posted at 07:45 AM by Howard Bashman

"Trial of Class-Action Law Firm Is Set for 2008": The New York Times today contains an article that begins, "The trial of the prominent class-action securities law firm Milberg Weiss Bershad & Schulman and two of its named partners has been scheduled for January 2008 so that defense lawyers will have time to prepare if additional charges are filed."

And The Los Angeles Times reports today that "Milberg Weiss fraud case may grow."
Posted at 07:40 AM by Howard Bashman

"Court Explores Complexities in Job Discrimination Case": Linda Greenhouse has this article today in The New York Times.
Posted at 07:35 AM by Howard Bashman

"Justices reject N.Y. Times in leak case; U.S. prosecutors can now review reporters' phone records": David G. Savage has this article today in The Los Angeles Times.

And today in The New York Sun, Josh Gerstein reports that "New York Times Is Handed A Defeat in Charity Probe Case."
Posted at 06:45 AM by Howard Bashman

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