How Appealing



Sunday, December 3, 2006

Say hello to the new blog “International Civil Litigation“: There are a bunch of posts up already at this interesting new law blog, and I give the blog’s authors credit for having avoided the difficulties inherent in linking to Seventh Circuit opinions on that court’s web site.

By the way, one of the blog’s authors is a student at Yale Law School, which is where I’ll be this Tuesday evening to give a Federalist Society-hosted talk together with two quite popular law professor bloggers. Details here.

Posted at 11:54 PM by Howard Bashman



“An Assault on Local School Control”: The New York Times on Monday will contain an editorial that begins, “More than 50 years after the Supreme Court decided Brown v. Board of Education, the nation still has not abolished de facto segregation in public schools. But thanks to good will and enormous effort, some communities have made progress. Today the Supreme Court hears arguments in a pair of cases that could undo much of that work.”

Posted at 11:40 PM by Howard Bashman



“Videotape Offers a Window Into a Terror Suspect’s Isolation”: Monday’s edition of The New York Times will contain an article that begins, “One spring day during his three and a half years as an enemy combatant, Jose Padilla experienced a break from the monotony of his solitary confinement in a bare cell in the brig at the Naval Weapons Station in Charleston, S.C.”

Posted at 11:35 PM by Howard Bashman



“Ruling favors prosecutors in death cases”: Monday in The Atlanta Journal-Constitution, Bill Rankin will have an article that begins, “To the delight of district attorneys, the Georgia Supreme Court has ruled that a judge can sit as a jury in a criminal trial only when the prosecution consents. In past years, defendants have asked judges to sit as juries in death penalty cases with the hope of getting a life sentence. Defendants have been granted the request over objections by prosecutors. But the state Supreme Court, in a 6-1 decision, said that judges can now sit as juries in what are called bench trials only when prosecutors agree as well.”

You can access last Thursday’s ruling of the Supreme Court of Georgia at this link.

Posted at 7:54 PM by Howard Bashman



“Back to the Supreme Court: racial balance in schools; On Monday, the court takes up cases from Seattle and Louisville on the role of race in school enrollment.” Warren Richey will have this article Monday in The Christian Science Monitor.

Posted at 5:40 PM by Howard Bashman



“Judge Karen Williams of Orangeburg in line to be chief judge of 4th Circuit Court”: On Friday, this article appeared in The Times and Democrat of Orangeburg, South Carolina.

Posted at 4:25 PM by Howard Bashman



“New Senate leader’s shortened recesses could cut off Bush judicial nominees”: Today in The Chicago Sun-Times, columnist Robert Novak has an op-ed that begins, “Sen. Harry Reid, leading the Senate’s new Democratic majority, is framing next year’s schedule in a way that will make it difficult, if not impossible, for President Bush to give recess appointments to nominees blocked for confirmation.”

Posted at 4:23 PM by Howard Bashman



“More Disorder in the Court? If there’s a Supreme Court vacancy, the Democrats will have a lot to say about it.” This article will appear in the December 11, 2006 issue of U.S. News & World Report.

Posted at 4:20 PM by Howard Bashman



“Transcript: Justice Stephen Breyer Sits Down With ‘FOX News Sunday.'” FOXNews.com has posted online this transcript of today’s television appearance by Justice Stephen G. Breyer.

As someone who viewed the telecast on TV emailed me to point out, during the interview Justice Breyer refers to the U.S. Supreme Court‘s abortion ruling in “Casey v. Polino.” From the context of Jusice Breyer’s remarks, however, it appears that he is referring to the Court’s ruling in Planned Parenthood of Southeastern Pennsylvania v. Casey. When the video of the appearance becomes available online, I’ll link to it.

Update: A resourceful “How Appealing” reader emails that then-Circuit Judge Breyer was the author of the First Circuit’s ruling in Palino v. Casey, 664 F.2d 854 (1981), a non-abortion-related ERISA case.

Second update: You can download a 19MB podcast of today’s FOX News Sunday broadcast via this link. Justice Breyer’s mention of the Casey ruling appears at 21 minutes and 45 seconds into the podcast recording.

Posted at 12:50 PM by Howard Bashman



“State high court rules in favor of car-rental firm on license validity; Company not liable if driver lies”: The Associated Press provides a report that begins, “Rental-car companies are not liable for accidents that result from their unknowingly leasing a car to a motorist who lies about having a valid driver’s license, the Mississippi Supreme Court has ruled. The court, in a recent 5-4 decision, said if the driver presents a license that looks legal, the rental-car company can use that to defend itself against damage lawsuits.”

You can access this past Thursday’s ruling of the Supreme Court of Mississippi at this link.

Posted at 12:38 PM by Howard Bashman



“Another test of racial balance: Reminiscent of Brown v. Board of Education, Supreme Court will hear arguments against use of race as a factor in student placement.” Tom Brune has this article today in Newsday, along with an article headlined “Historic case in the balance.” In addition, the newspaper contains an article headlined “Challenge for LI schools.”

The Richmond Times-Dispatch today contains articles headlined “A test for school integration: A closer look . . . race and education; Supreme Court to consider ability of school boards to voluntarily place students” and “Court ruling might have limited impact in Va.

The News & Observer of Raleigh, North Carolina reports that “High court’s eyes on Wake schools; A Supreme Court case might consider Wake’s decisions on race’s role in school assignments.”

In The Denver Post, John Aloysius Farrell has an essay entitled “The end of a civil rights era.”

And in The Seattle Times, columnist Lynne Varner has an op-ed entitled “Race counts.”

Posted at 12:30 PM by Howard Bashman



“Annapolis becomes gay marriage battleground: State’s highest court hears case tomorrow.” The Capital newspaper of Annapolis, Maryland today contains this article.

Posted at 12:23 PM by Howard Bashman



“Gay student won’t give up fight for club; The Okeechobee High senior takes her case to court despite insults and fierce foes”: This article appears today in The Orlando Sentinel.

Posted at 12:22 PM by Howard Bashman



“Conlin: 9 stories will illustrate Microsoft case; The Des Moines lawyer spends more than four hours Friday on her opening statement.” Yesterday’s edition of The Des Moines Register contained an article that begins, “Des Moines lawyer Roxanne Conlin will present her class-action lawsuit against Microsoft Corp. as a series of nine stories designed to show how Microsoft harmed Iowa consumers by destroying competition, Conlin said Friday as she began her opening statement to a Polk County jury.”

Posted at 12:20 PM by Howard Bashman



“Kansas lawsuit could be landmark; The case involves a sperm donor who wants parental rights to twins born last year”: This article appears today in The Kansas City Star.

Posted at 12:18 PM by Howard Bashman



“Where Is the Roberts Court on Race? The Supremes get ready to wade into the national debate.” Debra Rosenberg has this article online at Newsweek’s web site.

Posted at 11:54 AM by Howard Bashman



“Judgments about a chief justice: Ronald George has been reshaping the state’s courts for a decade; Some L.A. jurists say he wields too much power.” Maura Dolan has this article today in The Los Angeles Times.

Posted at 9:12 AM by Howard Bashman



“Court mulls schools’ racial mix; Local schools to feel ruling’s effect”: This article appears today in The St. Petersburg Times.

The Seattle Times reports today that “U.S. Supreme Court to hear Seattle’s school racial-tiebreaker case.”

In The San Francisco Chronicle, Bob Egelko reports that “School integration back before Supreme Court.” In addition, a related article is headlined “S.F. board watches high court carefully; Decision could prohibit race as enrollment factor.”

And in the Los Angeles Times, Edward Lazarus has an op-ed entitled “Can affirmative action survive the new Supreme Court? A case being argued this week over racial balance in public schools could determine the future of affirmative action programs.”

Posted at 9:10 AM by Howard Bashman



“After Buddhist dies, legal battle continues; Kin, hospital split on when death occurs”: The Boston Globe contains this article today.

Posted at 9:07 AM by Howard Bashman



“Luna case takes turns; Book update tells of wounds to back, hands of assistant U.S. attorney found dead in 2003; mortician is source; lawsuit could force an inquest”: This article appears today in The Sunday News of Lancaster, Pennsylvania. Tomorrow will mark the three-year anniversary of the date on which Assistant U.S. Attorney Jonathan Luna’s lifeless body was found in Lancaster County, Pennsylvania.

Posted at 9:04 AM by Howard Bashman



“If It Feels Like a Dollar….” The New York Times today contains an editorial that begins, “Anybody who has ever handed over a $10 bill thinking it was a dollar knows the problem. Unlike the currency in 180 other countries, the American greenback comes in one size, and one dominant color — green.”

Posted at 8:50 AM by Howard Bashman