How Appealing



Friday, December 16, 2011

“Judge mulls overturning federal marriage law”: Reuters has a report that begins, “A U.S. judge appeared sympathetic to a lesbian federal employee’s bid to strike down a law denying health-insurance benefits to her spouse, in the first hearing since the Obama administration decided to quit defending the statute.”

The Associated Press reports that “Lesbian federal worker gets assist from DOJ lawyer.”

And at Metro Weekly, Chris Geidner has a blog post titled “Golinski Has Her Day in Court, DOJ Sends Senior Lawyer To Argue DOMA’s Unconstitutionality.”

Posted at 5:51 PM by Howard Bashman



“Bonds gets one month house arrest for obstruction”: Will Kane and Bob Egelko of The San Francisco Chronicle have a news update that begins, “A federal judge said today that baseball slugger Barry Bonds must serve 30 days house arrest for obstructing justice during a federal investigation into his alleged use of steroids.”

And The Associated Press reports that “Judge gives Bonds house arrest, then delays it.”

Posted at 2:55 PM by Howard Bashman



“Georgia, Alabama ask appeals court to stay proceedings on immigration law”: This article appears today in The Atlanta Journal-Constitution.

Posted at 1:48 PM by Howard Bashman



“We consider whether federal courts possess exclusive subject-matter jurisdiction over state-based legal malpractice claims that require the application of federal patent law.” So begins an interesting majority opinion that the Supreme Court of Texas issued today.

The case was decided by a 5-to-3 vote, with one justice recused. You can access the dissenting opinion at this link. The dissent argues that the two Federal Circuit rulings that the majority decided to follow, and a Fifth Circuit ruling that adhered to those two Federal Circuit rulings, “represent a novel method of determining federal question jurisdiction, and one which this Court should not adopt.”

You can access the briefs filed in the case via this link.

Posted at 11:11 AM by Howard Bashman



“Computer-Crime Statute Gets Ninth Circuit Workout”: Ginny LaRoe of The Recorder has a report (subscription required) that begins, “Toss together Alex Kozinski and an untested computer-crime statute, and you can imagine the result. At oral arguments before an 11-judge panel on Thursday, the Ninth Circuit chief judge repeatedly challenged the Justice Department’s position on the scope of the Computer Fraud and Abuse Act — a position that could lead to the criminalization of seemingly innocuous computer activity, like providing false information on Facebook or Match.com in violation of terms of use agreements or using work computers in violation of employer policies.”

You can access via this link the audio of yesterday’s oral argument before an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit in United States v. Nosal.

Posted at 8:54 AM by Howard Bashman



“Hearsay is not a breach of human rights says Council of Europe”: This article appears today in The Independent (UK).

The Guardian (UK) contains articles headlined “European court backs British judges over hearsay evidence; European court of human rights upholds British doctor’s indecent assault conviction in landmark ruling“; “Time for the UK supreme court to think again on hearsay; Once again, the European court of human rights has protected a right apparently better understood abroad than at home“; and “At last, Strasbourg heeds our supreme court; Today’s al-Khawaja judgment shows the European Court of Human Rights is listening to UK judges.”

The Telegraph (UK) reports that “Gangster wins human rights pay out but UK still scores victory; A gangster has been awarded £15,000 after European judges ruled evidence used to convict him breached his human rights.”

The Daily Mail (UK) reports that “UK wins in European human rights court as judge rules hearsay evidence can be used in criminal trials.”

BBC News reports that “Hearsay evidence backed by human rights judges; Hearsay evidence in a trial does not automatically breach a defendant’s human rights, EU judges have ruled.”

And the “UK Human Rights Blog” has a post titled “Use of hearsay evidence does not automatically prevent a fair trial, rules Strasbourg.”

You can access yesterday’s ruling of the European Court of Human Rights at this link.

Posted at 8:45 AM by Howard Bashman



“Justice Gableman not charged legal fees in ethics case; Justice’s arrangement with firm raises questions about cases, ethics rules”: In today’s edition of The Milwaukee Journal Sentinel, Patrick Marley has an article that begins, “State Supreme Court Justice Michael Gableman received free legal service worth thousands of dollars from one of Wisconsin’s largest law firms as it defended him against an ethics charge, according to a letter released Thursday by the firm.”

Posted at 8:30 AM by Howard Bashman



“Medical Mind Control: A new breed of patent may determine how your doctor makes decisions.” Timothy Lee has this essay online at Slate.

Posted at 8:15 AM by Howard Bashman



“In letters from prison, Komisarjevsky says he may be ‘beyond redemption'”: This article appears today in The New Haven Register.

Posted at 8:02 AM by Howard Bashman



“Obama judicial nominee Morgan Christen confirmed, at last; After a 202-day delay, the Senate confirms Alaska Supreme Court Justice Morgan Christen to the U.S. 9th Circuit Court of Appeals”: Carol J. Williams has this article today in The Los Angeles Times.

Posted at 8:00 AM by Howard Bashman