How Appealing



Thursday, December 20, 2007

“Spill’s cost a defense by Exxon; Company will argue law, price it’s already paid”: The Anchorage Daily News today contains an article that begins, “Exxon Mobil will argue in front of the U.S. Supreme Court that the $2.5 billion verdict the company was ordered to pay as punishment for one of the nation’s worst oil spills conflicts with more than 200 years of maritime law.”

The newspaper has posted online at this link Exxon’s opening brief on the merits.

Posted at 11:40 PM by Howard Bashman



“Control order for detainee Hicks; Former Guantanamo detainee David Hicks will face tough restrictions on his movements when he is released from jail next week, an Australian court ruled”: BBC News provides this report.

The Advertiser of Adelaide, Australia provides a news update headlined “Control order placed on David Hicks.”

The Australian provides a news update headlined “Hicks subject to a control order.”

Bloomberg News reports that “Australia Puts Controls on Ex-Guantanamo Inmate Hicks.”

Reuters reports that “Australia judge limits ex-Guantanamo inmate Hicks.”

The Associated Press provides a report headlined “Restrictions for Aust Terror Supporter.”

And Agence France Presse reports that “Court place tough restrictions on ‘Aussie Taliban’ release.”

Posted at 11:24 PM by Howard Bashman



“Bonds’ surgeon likely to testify for feds”: The San Francisco Chronicle provides a news update that begins, “Barry Bonds’ personal surgeon is likely to testify for the government in the home run king’s upcoming perjury trial, federal prosecutors said in a legal filing today.”

Posted at 10:25 PM by Howard Bashman



Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained an audio segment entitled “Men Freed from Guantanamo Accuse U.S. of Abuse.”

Today’s broadcast of “Talk of the Nation” contained an audio segment entitled “Castle Doctrine: In Defense of Self-Defense” (featuring Law Professor Jonathan Turley).

And today’s broadcast of “Day to Day” contained audio segments entitled “Judge Will Hear from Administration on CIA Videos“; “Is the CIA Entitled to Complete Secrecy?“; and “Canada Won’t Intervene in Death Penalty Cases.”

RealPlayer is required to launch these audio segments.

Posted at 10:00 PM by Howard Bashman



“Florida stands firm amid death penalty debate; Despite ripples across the country, the state’s support for execution is seen as unwavering”: This article appears today in The St. Petersburg Times.

Posted at 9:08 PM by Howard Bashman



“‘Moral judgments have no place in court'”: Today in The Telegraph (UK), legal editor Joshua Rozenberg has this report (via “Instapundit“) on Justice Antonin Scalia’s recent lecture marking the University of Edinburgh School of Law’s Tercentenary.

The title of Justice Scalia’s talk was “Ayatollahs of the West: Judges as Moral Censors of Democratic Choice.” There is at least a remote possibility that the audio of Justice Scalia’s remarks will someday be available to be downloaded via this link.

Posted at 8:45 PM by Howard Bashman



“Federal panel defers action against Judge Kent”: The Houston Chronicle provides a news update that begins, “The 5th Circuit Judicial Council has decided to defer taking any further disciplinary action against Judge Samuel Kent for at least 90 days while the U.S. Department of Justice continues its probe of the judge’s allegedly inappropriate touching of a female employee last March.”

And The Associated Press reports that “Council delays considering further punishment for federal judge.”

My most recent earlier coverage appears in the post immediately below.

Posted at 8:20 PM by Howard Bashman



“During the pendency of the criminal investigation, Judge Kent has agreed he will not handle any civil or criminal cases in which the United States is a party or in which sexual misconduct of any kind is alleged.” So states this order that the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit issued today. The order defers action on the complainant’s motion for reconsideration while the current criminal investigation remains underway. According to the order, the Judicial Council revisit the issue in three months if the criminal investigation has not concluded by then.

Posted at 4:35 PM by Howard Bashman



“Court calls for impeaching Porteous”: The Times-Picayune of New Orleans provides a news update that begins, “Judge Thomas Porteous of the U.S. District Court in New Orleans “has engaged in conduct .. which might constitute one or more grounds for impeachment,’ a special investigative panel of the 5th U.S. Circuit Court of Appeals said today.”

And The Associated Press provides a report headlined “Judicial Commission: Evidence to back up impeaching federal judge.”

You can access at this link the Memorandum Opinion and Certification that the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit issued today.

Posted at 4:27 PM by Howard Bashman



“New York Appeals Court Opens Door to ‘Libel Tourism'”: Joseph Goldstein of The New York Sun provides a news update that begins, “New York’s highest court turned down a chance today to protect American authors from libel judgments awarded by foreign courts. The case decided today, which pits a Saudi billionaire against a New York-based researcher, was a test of how New York’s courts will respond to concerns that the First Amendment rights of American authors are being undermined by libel judgments imposed abroad, especially in Britain.”

And The Associated Press provides a report headlined “Court: State law won’t protect terror author from Saudi libel judgment.”

You can access today’s ruling of the Court of Appeals of New York — that State’s highest court — in Ehrenfeld v. Bin Mahfouz at this link.

My earlier coverage from June 2007 of the Second Circuit’s ruling certifying this case to New York State’s highest court can be accessed at this link.

Posted at 3:27 PM by Howard Bashman



“Early release of Baze audiotape”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The Supreme Court announced Thursday that it will promptly release the audiotape of the oral argument on Monday, Jan. 7, in Baze v. Rees (07-5439) — the Kentucky case testing the constitutionality of the three-drug protocol for execution by lethal injection. The case also involves the question of a constitutional standard for judging the validity of such a protocol.”

And The Associated Press reports that “Court to Release Audio in Death Case.”

You can access at this link the press release that the Public Information Office of the U.S. Supreme Court issued today.

Posted at 2:20 PM by Howard Bashman



Guantanamo Military Commission rules that Salim Ahmed Hamdan is an unlawful enemy combatant and not a prisoner of war: You can access the Commission’s ruling, issued yesterday, by clicking here.

Posted at 9:22 AM by Howard Bashman