How Appealing



Friday, December 2, 2005

Available online from law.com: Tony Mauro has an article headlined “Imagining a Doomsday Scenario for the Supreme Court” that begins, “Call it coincidence, but in the same week that a big chunk of marble fell from the front facade of the Supreme Court, a heavyweight panel of thinkers convened in Washington to contemplate what would happen if all nine justices of the Supreme Court were to be killed at once.”

In news from Florida, “Fla. Justices Consider Cap on Med-Mal Contingency Fees” and “Flight Attendants’ Secondhand Smoke Suits Given the Go-Ahead.”

And in other news, “NYC Wins Bid to Sue Gun Manufacturers Over Marketing.”

Posted at 11:05 PM by Howard Bashman



“Judge faces more indecency charges as hearing is postponed”: CourtTV.com provides a report that begins, “As Oklahoma prosecutors continue to pile up indecent exposure charges against a retired judge accused of masturbating on the bench, both sides will have to wait a little longer for their day in court.” Click here for more background.

Posted at 10:50 PM by Howard Bashman



“Alito Distances Himself From 1985 Memos; Senator Says Nominee Drew Divide Between Expressed Views and Potential Rulings”: This front page article will appear Saturday in The Washington Post.

The Los Angeles Times provides a news update headlined “Alito Says Personal Views Not a Factor.”

The Chicago Tribune on Saturday will report that “Alito says personal views on abortion won’t be a factor.”

The Philadelphia Inquirer on Saturday will report that “Alito offers reassurance on abortion issue, Specter says.”

In Saturday’s edition of Financial Times, Patti Waldmeir will have an article headlined “Alito nomination to court ‘not in trouble.’

And Bloomberg News reports that “Specter Says Alito Must Show Fairness on Abortion.”

Posted at 10:45 PM by Howard Bashman



“Leak Ruling Has Mystery, 8 Blank Pages”: In Saturday’s edition of The New York Times, Adam Liptak will have an article that begins, “There are eight blank pages in the public version of a decision the federal appeals court in Washington issued in February. The decision ordered two reporters to be jailed unless they agreed to testify before a grand jury investigating the disclosure of the identity of a C.I.A. operative, Valerie Wilson. What is in those pages is one of the enduring mysteries in the investigation. In a filing yesterday, the special prosecutor in the case, Patrick J. Fitzgerald, told the court that he had no objection to the unsealing of parts of those pages, and he gave hints about what they say.”

You can view the blank pages for yourself beginning at this link.

Posted at 10:35 PM by Howard Bashman



“Students Work To Bring Down Alito; Harvard Law students form group that favors a progressive judiciary”: The Harvard Crimson contains this article today.

Posted at 5:25 PM by Howard Bashman



By a 4-3 vote, D.C. Circuit denies rehearing en banc of decision rejecting an effort by a dozen states and cities, along with environmental groups, to have the EPA regulate greenhouse gases: Today’s order, accompanied by a dissent, can be accessed here. The three-judge panel’s earlier ruling is here. The New York Times reported on that decision in an article headlined “Court Says E.P.A. Can Limit Its Regulation of Emissions.”

Posted at 4:33 PM by Howard Bashman



“Ruling Protects Students’ Privacy; Judge lets girl’s lawsuit against Garden Grove Unified proceed; She alleged bias after school officials let her mother know she was a lesbian”: The Los Angeles Times contains this article today.

The Orange County Register today contains an article headlined “Judge: Gay student may sue principal; Santiago High teen allowed to pursue case against district after official told her mom about her sexual orientation.”

And The Associated Press reports that “Lesbian Student Can Sue School, Judge Says.”

The ruling of the U.S. District Court for the Central District of California can be viewed at this link.

Posted at 3:40 PM by Howard Bashman



“An Anonymous Blogger Preps for the Big Time; Lively Postings and Plum Press Mentions Have Delivered Fans, Detractors and Opportunity”: The ABA Journal eReport provides an article that begins, “What began as a Web log to help deal with insomnia and stay in touch with friends now gets more than 100 comments a day. Its author, a 27-year-old New York City law firm associate, fears the notoriety could get her fired.”

Posted at 2:00 PM by Howard Bashman



“Penn drops complaint over sex photo; A student took a picture of a couple’s dorm-window dalliances and posted it online; A professor backed his free-speech case”: This article appears today in The Philadelphia Inquirer.

And The Daily Pennsylvanian today contains articles headlined “Photographer escapes charges; Penn backs away from case against junior who photographed sex scene in window of Hamilton“; “Media attention pressured officials to dismiss charges“; and “Shadows of the ‘water buffalo’; Recent controversy reminiscent of 1993 free-speech debate.” The newspaper also contains an editorial entitled “Belated reprieve.”

Posted at 12:20 PM by Howard Bashman



“Nigro’s ouster as jurist may be short-lived”: Columnist Gar Joseph has this essay today in The Philadelphia Daily News.

Posted at 10:22 AM by Howard Bashman



Putting a number on probable cause: In an opinion concurring in the judgment issued today, Sixth Circuit Chief Judge Danny J. Boggs writes that a less than fifty-percent chance that evidence will be present does not defeat probable cause. Rather, in his view, probable cause can exist so long as there is more than a five- to ten-percent chance that evidence will be present in the place to be searched.

Posted at 10:15 AM by Howard Bashman



“Lawyer In National Spotlight: New Haven Attorney For Padilla Sees A Cause Behind The Case.” This article appears today in The Hartford Courant.

Posted at 10:14 AM by Howard Bashman



In today’s edition of The Washington Post: The newspaper contains front page articles headlined “More in U.S. Expressing Doubts About Death Penalty” and “Justice Staff Saw Texas Districting As Illegal; Voting Rights Finding On Map Pushed by DeLay Was Overruled.” A U.S. Department of Justice memo discussed in the Texas redistricting article can be viewed here.

Meanwhile, in business news, “Fearful Messagers Cross Their Thumbs.” And business columnist Steven Pearlstein has an essay entitled “Big Firms Caught With Their Patents Down.”

Posted at 10:00 AM by Howard Bashman



“Call a strike, grant a writ: glimpses of Alito”: Today in The Yale Daily News, Andrew Mangino has an interesting op-ed that begins, “I woke up this past Halloween morning to learn that President Bush had nominated my seventh grade little league coach to the Supreme Court. The man who once asked me between innings whether I would pitch or play right field could become the man who may soon tell all of America’s women whether or not they have the right to an abortion.”

Posted at 7:15 AM by Howard Bashman



“Lull creates headache for White House; Alito’s opponents are using weeks before Jan. hearing to try to sway opinion against Supreme Court nominee”: Julie Hirschfeld Davis has this article today in The Baltimore Sun.

The New York Sun reports today that “Ex-Solicitor General Defends Judge Alito, Assails Democrats.”

The Boston Globe reports that “Top Democrats question Alito’s credibility; Say his responses on abortion, funds show lack of candor.”

The Washington Times reports that “Abortion issue heats debate on Alito nomination.”

The Newark Star-Ledger reports that “Alito joins ruling on privacy rights; Suit challenging school survey is dismissed.”

The Miami Herald reports that “Alito backed Florida in ’70s murder case; In 1982, Supreme Court nominee Samuel Alito wrote a brief siding with the state of Florida in an appeal; Florida won the right to retry a man for a 1974 murder, but the retrial never took place.”

The Lawrence (Kan.) Journal-World contains an article headlined “Kline: Alito likely to be key in death penalty case.”

And Newsday reports that “Green groups to oppose Alito nomination.”

In commentary, USA Today contains an editorial entitled “On abortion, would nominee put personal views aside?

And in The Hartford Courant, Angus Dwyer and Rebecca Bolin have an op-ed entitled “What Yale’s Silence Says.”

Posted at 7:00 AM by Howard Bashman



Available online from law.com: In news from the Eleventh Circuit, “As Appeals Pour In, Judges Spar Over Federal Guidelines.”

An article reports that “3rd Circuit Upholds Subpoena of Lawyer Consulted on Crime Cover-Up; Crime-fraud exception to attorney-client privilege found to apply.”

And Shannon P. Duffy has an article headlined “Sexual-Harassment Defense May Be Weaker Than Thought; U.S. District judge rules that policy’s effectiveness is an issue for jury to decide.”

Posted at 6:50 AM by Howard Bashman



“Security for judges in limbo; Dispute ties up $12 million meant to protect homes”: The Chicago Tribune today contains an article that begins, “A dispute between federal judges and the U.S. Marshals Service over who will pay monthly service fees for home security systems in judges’ homes has helped stall nationwide installation of the devices.”

Posted at 6:45 AM by Howard Bashman



“Justice Scalia’s Thoughts, And A Few Of My Own, on New York Times v. Sullivan”: FindLaw commentator John W. Dean has this essay today.

Posted at 6:35 AM by Howard Bashman