How Appealing

Tuesday, March 31, 2009

Here's hoping that life doesn't imitate "24": The Associated Press has a report headlined "Oldest US nuke plant could get new license" that begins, "Regulators don't have to consider the threat of a terrorist attack on the nation's oldest nuclear power plant, a federal court ruled Tuesday, and a vote on a new 20-year license for it is scheduled for Wednesday."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 07:44 PM by Howard Bashman



The other Adam Liptak is losing weight thanks to the recession: This past Sunday's edition of The Boston Globe contained an article that begins, "As a banker who puts together complex loan packages for developers and other high-fliers, Adam Liptak has felt the recession's pain in the now all-too-familiar ways. But in the months since the credit markets went into piston-lock, he has noticed an unexpected and beneficial side effect: He has dropped 35 pounds."
Posted at 07:32 PM by Howard Bashman


"Judge orders Guantanamo informer released": Josh Gerstein has this post this afternoon at his "Under the Radar" blog at Politico.com.

You can access the order of the U.S. District Court for the District of Columbia at this link.

Update: In other coverage, The Associated Press reports that "Judge orders Guantanamo detainee released."

And at "SCOTUSblog," Lyle Denniston has a post titled "Detainee informer wins release."
Posted at 04:30 PM by Howard Bashman



"Judge Keller's disclosures omit nearly $2 million in real estate, public records show": Yesterday's edition of The Dallas Morning News contained an article that begins, "The presiding judge of the Texas Court of Criminal Appeals, while seeking state aid to defend herself against ethics charges, failed to abide by legal requirements that she disclose nearly $2 million in real estate holdings, according to an analysis of public records by The Dallas Morning News." And today, the newspaper has an update headlined "Civil, criminal complaints filed against Judge Sharon Keller over real estate holdings."

The Associated Press reports that "Ethics complaint filed against Keller."

And at the "Focal Point" blog of The Austin American-Statesman, Chuck Lindell has a post titled "Watchdog group files 2 complaints against Keller." The blog has also posted "Keller's 2008 financial disclosure statement"; "Ethics Commission complaint"; and "County attorney complaint."
Posted at 03:45 PM by Howard Bashman



"Mixed-Up Names and Mixed Motives at the Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

You can access the transcript of today's U.S. Supreme Court oral argument in Gross v. FBL Financial Services, Inc., No. 08-441, at this link.
Posted at 03:30 PM by Howard Bashman



"Supreme Court Upholds Tobacco Award": Robert Barnes of The Washington Post has this news update.

And Dow Jones Newswires report that "US Supreme Court Dismisses Philip Morris Appeal."
Posted at 01:54 PM by Howard Bashman



In praise of Hewlett-Packard's customer service: At the start of 2009, I upgraded my office's computer system to a machine that's running the 64-bit Windows Vista operating system. As a result, it was also necessary to upgrade my office printer-photocopier-scanner-fax all-in-one machine from the hp LaserJet 3330 to the hp LaserJet 1522nf.

The new printer was performing wonderfully until last Friday, when it began to stop printing documents before all pages had emerged. That issue persisted through yesterday, when the printer also exhibited the dreaded "Scanner Error 5" malfunction code.

Mid-morning yesterday, I called Hewlett-Packard's toll-free customer service number, where a helpful representative located in Costa Rica had me attempt a number of possible fixes (all to no avail) before offering to supply a replacement printer at no charge. According to the customer service representative, the replacement printer was scheduled to arrive in two to three business days. Fortunately, I had retainer my older printer, which is capable of printing from my current system.

This morning at 10 a.m. -- less than 24 hours after a replacement printer had been promised -- FedEx delivered the replacement printer, which had been sent overnight from California. That's the fastest under warranty replacement of technology that I've ever had the pleasure to experience.
Posted at 01:45 PM by Howard Bashman



U.S. Court of Appeals for the Second Circuit issues "chutzpah" footnote: See footnote five (located on page seven of the PDF file) of this opinion issued today (via "Wait A Second!").

The sentence to which the footnote pertains states, "Despite their flat-out refusal to comply with the District Court's lawful orders, the Uzans now have the chutzpah to seek post-judgment, equitable relief from complying with those orders."
Posted at 11:33 AM by Howard Bashman



"Office of Legal Counsel Nominee Still Awaiting Vote": Today at "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Dawn Johnsen, nominated to be assistant attorney general in charge of the Office of Legal Counsel, may have to wait at least another three weeks for a vote in the Senate."
Posted at 11:27 AM by Howard Bashman


"Altria Appeal of Smoker Award Dismissed by Top Court": Greg Stohr of Bloomberg News has this report.

And James Vicini of Reuters reports that "U.S. top court dismisses Philip Morris appeal."
Posted at 11:23 AM by Howard Bashman



"Clearing the Smoke from Philip Morris v. Williams: The Past, Present, and Future of Punitive Damages." In related news (see post immediately below), law professor Thomas B. Colby had this article in the December 2008 issue of The Yale Law Journal (via "Drug and Device Law" blog).
Posted at 10:54 AM by Howard Bashman


Today's U.S. Supreme Court rulings in argued cases: The Court today resolved three argued cases.

The first ruling that the Court released today issued in Hawaii v. Office of Hawaiian Affairs, No. 07-1372. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court. You can access the opinion at this link and the oral argument transcript at this link.

The second ruling that the Court released today issued in Rivera v. Illinois, No. 07-9995. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court. You can access the ruling at this link and the oral argument transcript at this link.

Third and finally, the Court today issued a per curiam order dismissing the writ of certiorari as improvidently granted in Philip Morris USA Inc. v. Williams, No. 07-1216. You can access the oral argument transcript at this link. The case was argued on December 3, 2008, suggesting that the decision to dismiss the case as improvidently granted was not reached with typical dispatch. In any event, no dissents from this disposition are noted in the Court's order.

At "SCOTUSblog," Lyle Denniston has a post titled "Tobacco punitive verdict stands."

I guess, at the end of the day, the analysis expressed in the February 11, 2008 installment of my "On Appeal" column headlined "Not Even U.S. Supreme Court Victory Can Vanquish $79.5 Million Punitive Award Against Philip Morris" proved to be correct.

In early news coverage, The Associated Press reports that "Court ends Philip Morris appeal of $79.5M award"; "Hawaii wins land dispute at Supreme Court"; and "Court refuses to throw out murder conviction."
Posted at 10:05 AM by Howard Bashman



"Judge blocks Tunkhannock Area sexting charges": This article appears today in The Times-Tribune of Scranton, Pennsylvania.

I have posted online at this link yesterday's ruling of the U.S. District Court for the Middle District of Pennsylvania.
Posted at 09:57 AM by Howard Bashman



For whom the bridge tolls: Today's edition of The Providence (R.I.) Journal contains an article headlined "Suit contests higher tolls for out-of-state drivers on Pell Bridge."
Posted at 08:18 AM by Howard Bashman


"Texas Judge Asks for Dismissal of Charges in Inmate's Execution": law.com provides this report.
Posted at 08:10 AM by Howard Bashman


"Legal Group's Neutrality Is Challenged": Today's installment of Adam Liptak's "Sidebar" column begins, "Two weeks ago, the American Bar Association's eight-year exile ended. The Obama administration restored the group to the special status it had enjoyed since the Eisenhower years, and it will once again get early word about potential nominees to the federal bench."

Liptak's report links to a paper titled "Bias and the Bar: Evaluating the ABA Ratings of Federal Judicial Nominees," recently posted online at SSRN.
Posted at 08:05 AM by Howard Bashman



"Can A True Statement Form the Basis for a Defamation Lawsuit? In a Controversial Ruling, the U.S. Court of Appeals for the First Circuit Says Yes." Julie Hilden has this essay online at FindLaw.
Posted at 08:02 AM by Howard Bashman


"Commission to select chief justice nominees for state Supreme Court": This article appears today in The Providence (R.I.) Journal.
Posted at 08:00 AM by Howard Bashman


"CNN analyst gives history of Court": Today's edition of The Brown and White -- the student newspaper of Lehigh University -- contains an article that begins, "Jeffrey Toobin, journalist and analyst for CNN, discussed the public and private sides of the U. S. Supreme Court on Wednesday in Packard Laboratory."

And in other coverage, Lehigh University issued a news release headlined "Toobin offers perspective on presidents and justices."

This evening at Lehigh, law professor Jeffrey Rosen will deliver this year's Tresolini Lecture, titled "Obama's Constitution: The Future of the Supreme Court."
Posted at 07:58 AM by Howard Bashman



"McVeigh lawyer Stephen Jones loses tax-break bid; Deduction was claimed in donation of files": This article appears today in The Oklahoman.

The Enid (Okla.) News & Eagle reports today that "Jones says IRS personally attacked him."

And The Associated Press reports that "Appeals court rejects tax case of McVeigh's lawyer."

This blog's earlier coverage of last Friday's Tenth Circuit ruling appears here and here.
Posted at 07:50 AM by Howard Bashman



Monday, March 30, 2009

"Gun Lobby Files New Suit in D.C. Over Federal Restrictions": Jordan Weissmann has this post at "The BLT: The Blog of Legal Times."
Posted at 10:44 PM by Howard Bashman


"Federal judge blocks charges in Pa. 'sexting' case": The Associated Press has this report.

And The Times-Tribune of Scranton, Pennsylvania has a news update headlined "Judge bars DA from charging girls in sexting case."

I have posted online at this link today's ruling of the U.S. District Court for the Middle District of Pennsylvania.
Posted at 10:40 PM by Howard Bashman



"Supreme Court Won't Revive Va. Anti-Spam Law": Jerry Markon of The Washington Post has this news update.

And Frank Green of The Richmond Times-Dispatch has a news update headlined "U.S. Supreme Court declines to consider reinstating Va. anti-spam law."
Posted at 08:22 PM by Howard Bashman



"Full House for Supreme Court Arguments on Asbestos": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

You can access the transcript of today's U.S. Supreme Court oral argument in Travelers Indemnity Co. v. Bailey, No. 08-295, by clicking here.
Posted at 05:50 PM by Howard Bashman



"Justice O'Connor at Pepperdine": Benjamin Shatz has this post today at the "en Banc" blog of the Los Angeles Bar Association."

Last Friday, retired Justice Sandra Day O'Connor was at Pepperdine University School of Law to deliver the third annual William French Smith Memorial Lecture.
Posted at 02:54 PM by Howard Bashman



Access today's Order List of the U.S. Supreme Court: The Court today granted review in no new cases. You can access the Order List at this link.

At "SCOTUSblog," Lyle Denniston provides this coverage.

And The Associated Press reports that "Court won't revive Va. anti-spam law."
Posted at 10:05 AM by Howard Bashman



"A confirmation fight for a challenging job: Perez would face issues of civil rights, Justice morale." The Baltimore Sun today contains an article that begins, "In the annals of the capital's acid partisanship, their names are boldfaced: candidates for America's highest civil rights post who never got confirmed. During the last Democratic administration, conservatives succeeded in blocking Senate approval of Lani Guinier and Bill Lann Lee to head the civil rights division at the Justice Department. Now, they're gearing up to put Thomas E. Perez, a Maryland lawyer selected for the job by President Barack Obama, through the grinder. Senate sources predict that the state's labor secretary will be confirmed for the federal post, but history suggests that it won't be without a fight."
Posted at 08:37 AM by Howard Bashman


"A debate swirls over teens' lurid pictures; Should self-portraits draw harsh penalties?" This article appeared yesterday in The Newark (N.J.) Star-Ledger.
Posted at 07:58 AM by Howard Bashman


"Why Card Check Is Unconstitutional: Only secret ballots are consistent with the First Amendment." David B. Rivkin Jr. and Lee A. Casey have this op-ed today in The Wall Street Journal.
Posted at 07:48 AM by Howard Bashman


"Philadelphia Tour Guides Say Licensing Quiz Treads on Them; Ben Franklin's 80 Progeny and Other Myths Raised Hackles; Now It's a Federal Case": This article appears today in The Wall Street Journal.
Posted at 07:45 AM by Howard Bashman


"We must guard our free speech fortress: Two Supreme Court cases -- one just settled, one upcoming -- involve the government's role in religious expression; Our system's dirty little secret: Government is already inside, and active, in the free speech arena." Law professor Richard W. Garnett has this op-ed today in USA Today.
Posted at 07:35 AM by Howard Bashman


Sunday, March 29, 2009

"Author Examines Effects Of Solitary Confinement": This audio segment (RealPlayer required) featuring Atul Gawande appeared on this evening's broadcast of NPR's "All Things Considered."

In the March 30, 2009 issue of The New Yorker, Gawande has an "Annals of Human Rights" article headlined "Hellhole: The United States holds tens of thousands of inmates in long-term solitary confinement; Is this torture?"
Posted at 10:50 PM by Howard Bashman



"Palin stands firm on consent; State lawmakers consider compromise requiring parental notification": This article appeared yesterday in The Anchorage Daily News.
Posted at 08:44 PM by Howard Bashman


"Error Correction": Law professor Chad M. Oldfather has posted this article online at SSRN (via "Legal Theory Blog").

The article's syllabus begins, "Under most accounts of appellate review, error correction stands with law declaration as the core purposes of the process. Yet while a vast amount of scholarship addresses the process of judicial law creation, error correction has received comparatively little attention."
Posted at 08:35 PM by Howard Bashman



"Campus security bills for speakers challenged": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "When a UC Berkeley student group invited a speaker known for his hard-line pro-Israel stance, the university feared clashes with Palestinian supporters and billed the group more than $3,000 for police protection."

The article reports on the efforts of "the Foundation for Individual Rights in Education, a conservative-leaning group that defends free speech on campus," to challenge such fees as unconstitutional.
Posted at 09:27 AM by Howard Bashman



"Kansans to vote on gun ownership amendment": This article appears today in The Wichita Eagle.
Posted at 09:24 AM by Howard Bashman


"McHugh rumored to be in line to replace Albright": Friday's edition of The Charleston (W. Va.) Daily Mail contained an article that begins, "Some say Gov. Joe Manchin won't have to look far to find a suitable replacement for former West Virginia Supreme Court Justice Joseph Albright."
Posted at 09:23 AM by Howard Bashman


"Tennessee could have no appellate judge elections in 2010 or 2014": The Memphis Commercial Appeal provides a report that begins, "There would be no Tennessee elections in 2010 or 2014 for appellate judges -- including Tennessee Supreme Court justices -- if the legislature doesn't enact some means for judicial election to replace the current selection system that is set to expire June 30, according to an advisory opinion by the state attorney general released Friday."

The Tennessee Attorney General's opinion bears the title "Effect of Expiration of Judicial Selection Commission and Judicial Evaluation Commission."
Posted at 09:22 AM by Howard Bashman



"Reinstated, Chief Justice Bears Hopes of Pakistan": This article appears today in The New York Times.
Posted at 09:15 AM by Howard Bashman


"State Supreme Court challenger counting on undecided voters": The Milwaukee Journal Sentinel contains this article today.
Posted at 09:14 AM by Howard Bashman


"Judge dismisses attempt to remove 'one state under God' from Texas pledge": This article appeared yesterday in The Dallas Morning News.

And The Associated Press reports that "Judge rules Texas pledge may reference God."

You can access Thursday's ruling of the U.S. District Court for the Northern District of Texas at this link.
Posted at 09:12 AM by Howard Bashman



Saturday, March 28, 2009

"Detainee's Harsh Treatment Foiled No Plots; Waterboarding, Rough Interrogation of Abu Zubaida Produced False Leads, Officials Say": Sunday's edition of The Washington Post will contain this front page article.
Posted at 11:58 PM by Howard Bashman


"Spanish Court Weighs Inquiry on Torture for 6 Bush-Era Officials": This article will appear Sunday in The New York Times.

Update: And Sunday's edition of The Los Angeles Times will report that "Spanish judge considers trying U.S. officials over Guantanamo; A complaint has been filed against former Atty. Gen. Alberto Gonzales and other Bush administration figures, citing harsh interrogation tactics at the prison."
Posted at 04:47 PM by Howard Bashman



"Jury finds abortion doctor not guilty on 19 charges": The Kansas City Star contains this article today.

The Los Angeles Times reports today that "Doctor acquitted by Kansas jury in late-term abortion trial; Prosecutors had argued that the second opinions in 19 of his procedures weren't given by an independent physician; Next up is an administrative challenge from a state health board."

And The New York Times reports today that "Jurors Acquit Kansas Doctor in a Late-Term Abortion Case."

Meanwhile, in other abortion-related news from Kansas, The Wichita Eagle reports today that "Kathleen Sebelius signs Kansas right to know abortion bill."

And The Kansas City Star reports that "Sebelius signs abortion law on fetal sonograms."
Posted at 01:40 PM by Howard Bashman



"Does Antonin Scalia hate gays? Rep. Barney Frank may have gone too far in calling the Supreme Court justice a 'homophobe,' but the jurist's opinions on homosexuals should raise some concerns." This editorial appears today in The Los Angeles Times.
Posted at 01:30 PM by Howard Bashman


"House Judiciary gets files on U.S. Attorneys": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 12:42 PM by Howard Bashman


"10th Circuit Denies $300k Charitable Deduction Claimed by Timothy McVeigh's Lawyer for Donation of Work Papers to University of Texas": This detailed post appears today at "TaxProf Blog."

My earlier coverage of yesterday's Tenth Circuit ruling appears at this link.
Posted at 12:40 PM by Howard Bashman



"A Showdown on Voting Rights: In Texas Case, a Divide Over How Far Minorities Have Come." Jess Bravin has this article today in The Wall Street Journal.
Posted at 12:34 PM by Howard Bashman


"Ruling means deportation for Oakland dad": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A Mexican who entered the United States illegally in 1988 and now is a hard-working family man in Oakland must be deported because he paid a smuggler $1,000 to bring his bride across the border, a federal appeals court has ruled."

You can access Thursday's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:40 AM by Howard Bashman



"E-Mail Theft Case Sparks First-of-a-Kind Ruling; Actual damages must be proven for award under Stored Communications Act": Marcia Coyle of The National Law Journal has this report.

You can access the recent ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:35 AM by Howard Bashman



"Judges' Kickbacks Thrived Despite Red Flags": This front page article appears today in The New York Times.

Today's edition of The Citizens Voice of Wilkes-Barre, Pennsylvania contains articles headlined "Without objections" and "Ciavarella tells '20/20' he didn't plead guilty to 'kids for cash.'"

The Associated Press reports that "Pa. youth court corruption creates legal headache."

And law.com reports that "Juvenile Records to Be Expunged in Response to Judicial Kickback Case."
Posted at 10:28 AM by Howard Bashman



"Oklahoma City bombing co-conspirator Terry Nichols sues over his diet": Today's edition of The Oklahoman contains an article that begins, "Oklahoma City bombing co-conspirator Terry Nichols is complaining about his diet again -- this time in a handwritten federal lawsuit seeking more than $2 million."
Posted at 10:17 AM by Howard Bashman


"No Vacancy: Reading the tea leaves of the Supreme Court's retirement prospects." Dahlia Lithwick has this jurisprudence essay online at Slate.

Update: Dahlia's essay also will appear in the April 6, 2009 issue of Newsweek, under the headline "Watching For Supreme Surprises: Institutional penchants for privacy and drama mean there is rarely warning of big news."
Posted at 10:14 AM by Howard Bashman



Friday, March 27, 2009

"Jury finds Kan. doctor not guilty in abortion case": The Associated Press has this report.
Posted at 09:10 PM by Howard Bashman


Tenth Circuit agrees that the IRS properly denied a charitable contribution deduction to attorney Stephen Jones for donating to a university the discovery material that he acquired while serving as lead attorney for Oklahoma City bomber Timothy McVeigh: You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 08:37 PM by Howard Bashman


"Court upholds Md. funeral home law": The Associated Press has a report that begins, "Maryland's restrictions on funeral home ownership serve a worthy goal of protecting the public and do not excessively impair interstate commerce, a federal appeals court ruled Friday. A three-judge panel of the 4th U.S. Circuit Court of Appeals reversed a Baltimore judge's ruling that the Maryland Morticians and Funeral Directors Act violates the commerce clause of the U.S. Constitution."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:24 PM by Howard Bashman



"Justice Rivera-Soto will not face sanctions for violating court order": The Newark (N.J.) Star-Ledger has a news update that begins, "New Jersey Supreme Court Chief Justice Stuart Rabner today said Justice Roberto Rivera-Soto will not be sanctioned for publicly using the name of Hunterdon County investigator who uttered a racial slur while discussing former NBA star Jayson Williams, even after he was told about a court order not to identify the man."

And The Associated Press reports that "No sanctions for NJ judge in Jayson Williams case."
Posted at 08:11 PM by Howard Bashman



"SG Kagan Recuses in Supreme Court Brief": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 04:10 PM by Howard Bashman


"Dismissal of lawsuit over Sudan strikes upheld": The Associated Press has this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 03:35 PM by Howard Bashman



"Reid: Roberts 'didn't tell us the truth.'" Politico.com has a report that begins, "Senate Majority Leader Harry Reid said Friday that John Roberts misled the Senate during his confirmation hearings by pretending to be a moderate -- and that the United States is now 'stuck' with him as chief justice."

And at the "Legal Beat" blog of CQ Politics, Keith Perine has a post titled "Reid Won't Go Nuclear Against GOP Judicial Filibusters."
Posted at 02:50 PM by Howard Bashman



"Appeals court upholds ruling allowing 'Choose Life' on Missouri license plates": This article appears today in The Kansas City Star.

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 12:08 PM by Howard Bashman



"Plea for freer commercial speech": At "SCOTUSblog," Lyle Denniston has a post that begins, "Two companies that gather wide-ranging data on health care, including several billion reports each year on drugs that doctors are prescribing for patients, asked the Supreme Court on Friday to give the highest level of constitutional protection to assembling and selling commercial data."

You can access the petition for writ of certiorari by clicking here.
Posted at 12:03 PM by Howard Bashman



"In 1998, the President of the United States ordered a missile strike against a pharmaceutical plant in Sudan that he believed was connected to the terrorist activities of Osama bin Laden." So begins an opinion that the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

The opening paragraph of the majority opinion continues: "The owners of the plant sued the United States, challenging several allegedly defamatory statements made by senior executive branch officials justifying the strike as well as the government's failure to compensate them for the destruction of the plant. The district court dismissed plaintiffs' complaint, and we affirm on the ground that it presents a nonjusticiable political question."
Posted at 11:04 AM by Howard Bashman



"In appeals court, S.F. defends strip searches": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "With millions of dollars in damages potentially at stake, attorneys for San Francisco defended the city's former policy of strip-searching new jail inmates Thursday, arguing that the need to curb jailhouse smuggling of weapons or drugs justified the practice."

You can access the audio of yesterday's en banc oral argument before an eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit via this link (9.69MB Windows Media audio file).

A little over one month ago, I had this post about the Ninth Circuit's order granting rehearing en banc. The August 2008 opinion of a divided three-judge Ninth Circuit panel in the case, in which each of the three judges wrote an opinion, can be accessed here.
Posted at 09:30 AM by Howard Bashman



"State Supreme Court awards another $40,000 to former justice": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "The state Supreme Court ruled Thursday that property owners whose land was burned in a forest fire were eligible for additional damages - a decision that will double from nearly $40,000 to almost $80,000 the award for a farm partly owned by a former Supreme Court justice."

And The Associated Press reports that "Wis. court doubles damages for 2003 forest fire."

You can access yesterday's ruling of the Supreme Court of Wisconsin at this link.
Posted at 09:20 AM by Howard Bashman



"Court tells Mack to pay divorce settlement": In today's edition of The Reno Gazette-Journal, Martha Bellisle has an article that begins, "The Nevada Supreme Court upheld a lower court ruling Thursday ordering Darren Mack, convicted of killing his estranged wife and shooting their divorce judge, to pay her estate almost $1 million under an agreement they had made verbally."

You can access yesterday's ruling of the Supreme Court of Nevada at this link.
Posted at 09:02 AM by Howard Bashman



"Clean Slates for Youths Sentenced Fraudulently": Today in The New York Times, John Schwartz has an article that begins, "The Supreme Court of Pennsylvania on Thursday ordered the slate cleaned for hundreds of youths who had been sentenced by a corrupt judge."

The Philadelphia Inquirer today reports that "Judge may overturn hundreds of cases in Luzerne scandal."

And The Citizens Voice of Wilkes-Barre, Pennsylvania contains an article headlined "State court: Clear juvenile records."

My earlier coverage of yesterday's Pennsylvania Supreme Court order appears at this link.
Posted at 08:57 AM by Howard Bashman



"Court grants AP's appeal over Maynard's e-mails": The West Virginia Record has a report that begins, "The West Virginia Supreme Court on Thursday unanimously granted a petition filed by The Associated Press, which is seeking eight e-mails between former Justice Elliott 'Spike' Maynard and Massey Energy CEO Don Blankenship."

And The Associated Press reports that "WVa Supreme Court agrees to hear e-mail FOIA case."
Posted at 08:40 AM by Howard Bashman



"High court denies Massey brief filing in Harman case": This article appeared yesterday in The Charleston (W. Va.) Gazette.
Posted at 08:35 AM by Howard Bashman


"Judge Sees 'Serious' Issues in Cellphone Photos Case": The New York Times today contains an article that begins, "A federal judge said at a hearing on Thursday that 'serious constitutional issues' were raised in a lawsuit filed by three teenage girls and their mothers against a county district attorney who threatened to arrest the students on pornography charges after seminude photographs of them appeared on other students' cellphones."

And The Scranton (Pa.) Times;Tribune reports today that "Girls in 'sexting' scandal defy Wyoming County DA."
Posted at 08:24 AM by Howard Bashman



"Let's give Judge Keller a free lawyer": Rick Casey has this op-ed today in The Houston Chronicle.
Posted at 08:11 AM by Howard Bashman


"As New Lawyer, Senator Defended Big Tobacco": This lengthy article about U.S. Senator Kirsten E. Gillibrand (D-NY) appears today in The New York Times.
Posted at 08:10 AM by Howard Bashman


"Enron's Skilling resentencing hearing set for July": The Associated Press has this report.
Posted at 07:52 AM by Howard Bashman


Thursday, March 26, 2009

"Environmental policy a specialty of Obama's solicitor general": Greenwire has this article online at the web site of The New York Times.
Posted at 11:44 PM by Howard Bashman


"'Survivor' star Hatch seeks early release from prison": Katie Mulvaney of The Providence Journal has a blog post that begins, "He bared it all as the 'Survivor' show's first star, and now Richard Hatch wants to get out of jail -- immediately."

And The Associated Press reports that "Survivor winner seeks release from US prison."

You can access the pro se habeas petition at this link.
Posted at 08:14 PM by Howard Bashman



"Who's Policing the Fourth Amendment? Two cases push the unevenly enforced exclusionary rule closer to repeal." David G. Savage will have this article in the April 2009 issue of the ABA Journal magazine.
Posted at 05:07 PM by Howard Bashman


"A Busy April for Civil Rights Litigation at the Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 04:55 PM by Howard Bashman


"Hundreds of Pa. juvenile convictions reversed": The Associated Press has a report that begins, "Pennsylvania's highest court on Thursday overturned hundreds of juvenile convictions issued by a corrupt judge accused of taking millions of dollars in kickbacks to send kids to privately owned detention centers."

The Citizens Voice of Wilkes-Barre, Pennsylvania has a news update headlined "Judge orders expungement of juvenile court records."

And The Philadelphia Inquirer has a news update headlined "Court overturns hundreds of cases in court scandal."

You can view today's order of the Supreme Court of Pennsylvania at this link. And the Administrative Office of Pennsylvania Courts today issued a news release headlined "Supreme Court of Pennsylvania Approves Expungement of Juvenile Records in Luzerne County."
Posted at 04:40 PM by Howard Bashman



"Former Ala. gov., HealthSouth CEO seek full review": The Associated Press has a report that begins, "Former Alabama Gov. Don Siegelman and former HealthSouth CEO Richard Scrushy are asking the full 11th U.S. Circuit Court of Appeals to review arguments to overturn their convictions in a government corruption case."
Posted at 03:11 PM by Howard Bashman


Eighth Circuit affirms federal district court decision that orders State of Missouri to issue "Choose Life" specialty license plates: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

In early news coverage, The Associated Press reports that "Appeals court upholds decision requiring Mo. to issue 'Choose Life' license plates."
Posted at 02:35 PM by Howard Bashman



Police officer who lost sense of smell says this appellate court ruling stinks! The Associated Press has a report headlined "Pa. court OKs removal of officer who can't smell" that begins, "A Pennsylvania appeals court says a township is allowed to discharge an officer because he lost his sense of smell in an off-duty motorcycle accident."

You can access today's ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 02:27 PM by Howard Bashman



"Obama Backs Banks, Seeks to Block State Fair-Lending Crackdown": Greg Stohr of Bloomberg News has a report that begins, "The Obama administration's call for greater financial regulation may have its limits. The administration late yesterday urged the Supreme Court to bar New York and other states from enforcing their fair-lending and other consumer-protection laws against federally chartered banks including JPMorgan Chase & Co. and Wells Fargo & Co."
Posted at 02:22 PM by Howard Bashman


"Arizona's high court bans school vouchers": The Arizona Republic today contains an article that begins, "The Arizona Supreme Court on Wednesday declared the state's school-voucher programs unconstitutional because they violate a ban against appropriating public money for private or religious schools. The unanimous decision shuts the door on vouchers in Arizona unless voters agree to a statewide ballot measure to change the state Constitution."

And Howard Fischer of The Arizona Daily Star reports today that "AZ vouchers for schools ruled illegal; High-court ruling for public education overturns '06 programs of Legislature."

You can access yesterday's ruling of the Supreme Court of Arizona at this link.
Posted at 08:00 AM by Howard Bashman



"High court unanimous in decisions so far": Today's edition of The Charleston (W. Va.) Daily Mail contains an article that begins, "So far this term, the state Supreme Court has delivered unanimous decisions in every one of the 19 appeals it has heard. The five judges have been in agreement on every case since the term began Jan. 13. It seems to be a shift from recent years. Prior to the November election that changed the make-up of the court, many decisions split the justices 3-2."
Posted at 07:58 AM by Howard Bashman


"Is the Bonus Tax Unconstitutional? The Supreme Court defers too much to Congress." Law professor Richard A. Epstein has this op-ed today in The Wall Street Journal.
Posted at 07:54 AM by Howard Bashman


"Holder Frames Future at Justice With Portraits From the Past": FOXNews.com has this report.
Posted at 07:50 AM by Howard Bashman


"Elena Kagan and the GOP's perilous partisanship: Thirty-one Republican senators voted against her nomination as solicitor general; That could tempt Obama to ignore the minority's views when it comes to picking a Supreme Court justice." This editorial appears today in The Los Angeles Times.
Posted at 07:48 AM by Howard Bashman


"State court leaves room for Lokuta": Today's edition of The Citizens Voice of Wilkes-Barre, Pennsylvania contains an article that begins, "Ann H. Lokuta won a huge victory in her fight to regain her seat on the Luzerne County bench Wednesday when the state Supreme Court stopped an election to replace her and opened the door for a possible reargument of her case. The state's highest court stayed a state Court of Judicial Discipline decision removing Lokuta from the bench. It also ordered the discipline court to determine whether it should reconsider that decision in the light of federal corruption charges lodged against three high-ranking county court officials who testified against Lokuta." The newspaper also reports today that "Judicial candidates undeterred by ruling."

And today's edition of The The Times Leader of Wilkes-Barre contains articles headlined "Ruling: Keep Lokuta seat off ballot; Decision removing judge from office stayed" and "Ruling could keep seat empty until 2012; Although Lokuta not serving, state Supreme Court's order means her seat is not vacant."

You can access yesterday's order of the Supreme Court of Pennsylvania at this link. And former Judge Lokuta's application for a stay can be accessed here.
Posted at 07:42 AM by Howard Bashman



Wednesday, March 25, 2009

"Supreme Court to Hear Key Test Case for Age Bias Claims": Marcia Coyle of The National Law Journal has this report.
Posted at 11:33 PM by Howard Bashman


"Schwarzenegger back in trouble over prison care": Bob Egelko of The San Francisco Chronicle has this news update.

And The Associated Press reports that "Appeals court OKs Schwarzenegger contempt hearing."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:32 PM by Howard Bashman



"ACLU sues DA in nude photo trading case": The Times-Tribune of Scranton, Pennsylvania has a news update that begins, "The American Civil Liberties Union has filed a lawsuit against the Wyoming County District Attorney on behalf of three teenage girls who may face felony charges for having semi-nude pictures of themselves traded by classmates using cell phones." The article provides links to that newspaper's earlier coverage of these events.

Reuters reports that "Prosecutor sued over semi-nude teen photos case."

And at Wired.com's "Threat Level" blog, Kim Zetter has a post titled "ACLU Sues Prosecutor Over 'Sexting' Child Porn Charges."

The American Civil Liberties Union of Pennsylvania today issued this news release and posted online a copy of its federal court complaint initiating suit.
Posted at 05:17 PM by Howard Bashman



It's a big deal for tax lawyers -- U.S. Court of Appeals for the First Circuit grants rehearing en banc in United States v. Textron Inc. On January 23, 2009, The New York Times contained an article headlined "I.R.S. Is Thwarted as Court Shields Textron Tax Papers" that begins:
The Internal Revenue Service suffered a setback late Wednesday in its crusade against corporate tax shelters when an appeals court ruled that Textron, the maker of Cessna airplanes, did not have to turn over internal papers detailing its use of aggressive tax shelters.
According to the article, "The case has been closely watched by large corporations and their lawyers and accountants, who fear having to disclose potentially damaging deliberations regarding shelters that the I.R.S. considers abusive."

The article reported on a ruling that a three-judge panel of the U.S. Court of Appeals for the First Circuit issued on January 21, 2009. In other coverage of that ruling, Reuters reported that "U.S. court rules Textron can keep paperwork from IRS."

Today, however, the First Circuit entered an order granting rehearing en banc in the case, which means that all five active First Circuit judges are slated to rehear this appeal at an oral argument scheduled for June 2, 2009.

Update: "TaxProf Blog" links to its earlier coverage of this case in this new post.
Posted at 05:00 PM by Howard Bashman



"One would guess that the chances are pretty slim that the work of a 17th century French poet would find its way into a Chicago courtroom in 2009." But, because an appeal that the U.S. Court of Appeals for the Seventh Circuit decided today involves the so-called "cat's paw" theory, that's exactly what has happened.

Today's opinion, written by Circuit Judge Terence T. Evans, begins:

One would guess that the chances are pretty slim that the work of a 17th century French poet would find its way into a Chicago courtroom in 2009. But that's the situation in this case as we try to make sense out of what has been dubbed the "cat's paw" theory. The term derives from the fable "The Monkey and the Cat" penned by Jean de La Fontaine (1621-1695). In the tale, a clever--and rather unscrupulous--monkey persuades an unsuspecting feline to snatch chestnuts from a fire. The cat burns her paw in the process while the monkey profits, gulping down the chestnuts one by one. As understood today, a cat's paw is a "tool" or "one used by another to accomplish his purposes." Webster's Third New International Dictionary (1976). More on this a little later.
You can access a translation of the fable at this link, and the fable apparently has inspired at least several artists (see here and here).
Posted at 04:42 PM by Howard Bashman


Seventh Circuit decides appeal involving approximately 81,454 cans of baby formula: I guess the U.S. Department of Justice is free to attempt to approximate with exactitude, instead of using round numbers like 81,500. At least that appears to be the federal government's position given the caption of the case known as United States v. Approximately 81,454 Cans of Baby Formula.

Incredibly, it's another one of those "use by" versus "best when purchased by" date cases, and (as with the Beanie Baby line of appellate litigation) apparently this all but guarantees that Circuit Judge Richard A. Posner will be the opinion's author. Unlike last time, when the federal government's attorney failed to emerge unscathed, today the federal government actually wins the appeal. And, as a result, the baby formula -- or at least its usefulness as a nutritious beverage -- is on the losing end of today's ruling.
Posted at 04:08 PM by Howard Bashman



"Court focuses skeptical eye on McCain-Feingold": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 01:42 PM by Howard Bashman


Today's U.S. Supreme Court opinion in an argued case: The Court today issued its opinion in Puckett v. United States, No. 07-9712. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. Justice David H. Souter issued a dissenting opinion, in which Justice John Paul Stevens joined. You can access the ruling at this link and the oral argument transcript at this link.

Update: The Associated Press reports that "Court rules for government in plea deal dispute."
Posted at 10:08 AM by Howard Bashman



"Court weighs sex bias suit against Wal-Mart": Bob Egelko has this article today in The San Francisco Chronicle.

And Reuters reports that "Wal-Mart sex discrimination case back in court."

This blog's most recent earlier coverage of yesterday's Ninth Circuit en banc argument -- including a link to the oral argument audio -- can be accessed here.
Posted at 09:58 AM by Howard Bashman



"Keller denies charges she closed court to death row appeal": Chuck Lindell has this article today in The Austin American-Statesman. You can access the written response to the charges by clicking here.

The Houston Chronicle reports today that "Keller shifts blame for execution blunder."

And John Schwartz of The New York Times reports that "Texas Judge Denies Charges of Misconduct."
Posted at 09:55 AM by Howard Bashman



"Supreme Court hears free-speech case on 'Hillary: The Movie'; A majority of justices appear to agree that limits on corporate campaign spending violate free speech; The question is whether they will strike down some or all such restrictions." David G. Savage has this article today in The Los Angeles Times. In addition, the newspaper contains an editorial entitled "Looking at 'Hillary: The Movie'; Should 1st Amendment protections apply to a documentary critical of Hillary Clinton?"

Today in USA Today, Joan Biskupic reports that "High court hears arguments over anti-Clinton film."

Michael Doyle of McClatchy Newspapers has an article headlined "Political ad or free speech? Anti-Hillary film gets court screening."

The Washington Times reports that "Justices view 'Hillary' movie; Group argues election film not campaign advocacy."

Bill Mears of CNN.com reports that "'Hillary: The Movie' gets high court attention."

And Josh Gerstein of Politico.com reports that "SCOTUS argues anti-Clinton film."
Posted at 09:40 AM by Howard Bashman



"Security Worries in the Suburbs; Possible Move of Terrorist Suspects To Alexandria for Trial Raises Outcry": Jerry Markon has this article today in The Washington Post.
Posted at 09:30 AM by Howard Bashman


"Handling Of 'State Secrets' At Issue; Like Predecessor, New Justice Dept. Claiming Privilege": The Washington Post contains this front page article today.
Posted at 09:28 AM by Howard Bashman


"Law School begins search for new dean": This article appears today in The Yale Daily News.

And The Los Angeles Times reports today that "Human rights advocate named State Department's top lawyer; Harold Hongju Koh, dean at the Yale Law School, has been one of the most vocal critics of the Bush administration's approach to the detention and trial of terrorism suspects."
Posted at 09:23 AM by Howard Bashman



"Ex-judge fights to have his pension reinstated; A former Creek County judge who was convicted of indecent exposure is asking an Oklahoma County judge to reinstate his judicial retirement pay": The Tulsa World contains this article today.
Posted at 09:17 AM by Howard Bashman


"State's top court hears pros, cons of housing bans for sex offenders; 118 New Jersey towns have such restrictions": This article appears today in The Newark (N.J.) Star-Ledger.

And The Philadelphia Inquirer reports today that "N.J. high court weighs sex-offender laws."
Posted at 09:10 AM by Howard Bashman



"Defense to present case in Kan. abortion trial": The Associated Press has this report.
Posted at 08:54 AM by Howard Bashman


"6 candidates for chief justice have their say": This article appears today in The Providence (R.I.) Journal.
Posted at 08:47 AM by Howard Bashman


"Judges for sale": Today's edition of The Boston Globe contains an editorial that begins, "How would you like to go into an appeals court if your opponent in the case spent $3 million to help elect one of the judges?"
Posted at 08:42 AM by Howard Bashman


"What Constitutional Rights Should Schoolchildren Have? Two Recent Cases Underscore the Ways in Which Children Are Not Simply Miniature Adults." Michael C. Dorf has this essay online at FindLaw.
Posted at 08:34 AM by Howard Bashman


Tuesday, March 24, 2009

"Appeals court rehears Wal-Mart sex-bias case": Josh Richman of The Oakland Tribune has this news update.

law.com reports that "Wal-Mart En Banc Session Packs House."

And Wednesday's edition of The Wall Street Journal will contain an editorial entitled "How Not to Fight Discrimination: The EEOC joins a class-action effort against Wal-Mart."

You can access the audio of today's rehearing en banc oral argument before an eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Dukes v. Wal-Mart Stores via this link (9.16MB Windows Media audio file)
Posted at 10:47 PM by Howard Bashman



"Justices Consider Interplay Between First Amendment and Campaign Finance Laws": Adam Liptak will have this article Wednesday in The New York Times.

Wednesday in The Washington Post, Robert Barnes will have an article headlined "Justices May Soften Campaign Ad Law; Arguments Over Anti-Clinton Movie Peppered With Free-Speech Issues."

David G. Savage of The Los Angeles Times has a news update headlined "'Hillary: The Movie': Supreme Court hears film's challenge to campaign finance laws."

law.com's Tony Mauro reports that "Supreme Court Appears Divided Over Hillary Clinton Movie in Campaign Finance Case."

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Court Weighs Anti-Clinton Movie" (RealPlayer required) featuring Nina Totenberg.
Posted at 10:22 PM by Howard Bashman



"The Supreme Court Reviews Hillary: The Movie; Prediction: 10 thumbs-ups, 8 thumbs-downs." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 10:11 PM by Howard Bashman


"Judge Keller files response to charges": At the "Austin Legal" blog of The Austin American-Statesman, Chuck Lindell has a post that begins, "Sharon Keller, presiding judge of the Texas Court of Criminal Appeals, this afternoon filed her response to charges that she violated her judicial duty when she refused to accept an after-hours appeal in 2007."

You can access the response by clicking here.
Posted at 09:02 PM by Howard Bashman



"Texas Democrats' loyalty oath legal, court says": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 08:32 PM by Howard Bashman


"Riverboat Robbery: When does a tax become an illegal 'taking'?" Today's edition of The Wall Street Journal contains an editorial that begins, "Illinois politics seems to be everywhere this year -- and now it may be headed to the Supreme Court in the form of a lawsuit brought against the state. The case, which has ties to impeached Illinois Governor Rod Blagojevich, could have an important impact on the definition of a 'taking' under the Fifth Amendment -- as well as implications for the state's power of taxation."

You can access the petition for writ of certiorari at this link.
Posted at 05:50 PM by Howard Bashman



"U.S. Justices Mull Easing Campaign Rules in Clinton Movie Case": Greg Stohr of Bloomberg News has this report.
Posted at 05:42 PM by Howard Bashman


"N.J. Supreme Court weighs attempts by towns to strictly control sex offenders": The Newark Star-Ledger has this news update.
Posted at 03:40 PM by Howard Bashman


"Abortion provider's trial opens in Kansas; Dr. George Tiller faces 19 misdemeanor counts of violating the Kansas law governing late-term procedures": This article appears today in The Los Angeles Times.

And The Wichita Eagle reports today that "Physician says she didn't work full-time for George Tiller."
Posted at 03:25 PM by Howard Bashman



Access the transcript of today's U.S. Supreme Court oral argument in Citizens United v. Federal Election Comm'n, No. 08-205: The Court has posted it at this link.
Posted at 02:00 PM by Howard Bashman


"Court hears arguments over anti-Hillary movie": Jesse J. Holland of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Campaign films may get OK."
Posted at 01:48 PM by Howard Bashman



Access online today's U.S. Supreme Court opinion in an argued case: The Court today issued its ruling in Knowles v. Mirzayance, No. 07-1315.

Justice Clarence Thomas delivered the opinion of the Court. The Chief Justice and Justices John Paul Stevens, Anthony M. Kennedy, Stephen G. Breyer, and Samuel A. Alito, Jr. joined in all of Justice Thomas's opinion. And Justices Antonin Scalia, David H. Souter, and Ruth Bader Ginsburg joined in all of Justice Thomas's opinion except for Part II.

You can access the ruling at this link, and you can access the oral argument transcript at this link.

In early news coverage, The Associated Press has a report headlined "Court: No new trial for Calif. convicted killer."
Posted at 10:42 AM by Howard Bashman



NBA star Allen Iverson loses D.C. Circuit appeal as that court affirms judgment against Iverson for negligent supervision of his bodyguards in nightclub brawl: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Update: In news coverage, The Associated Press reports that "Appeals court upholds verdict against Iverson."
Posted at 10:17 AM by Howard Bashman



"'Hillary: The Movie' Opens At The Supreme Court." This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:54 AM by Howard Bashman


"Justices hear case on sex offenders; Housing restriction brings challenges": The Newark (N.J.) Star-Ledger contains this article today.
Posted at 08:42 AM by Howard Bashman


"'Hillary: The Movie' case spurs free speech debate." This article appears today in The Washington Times.

And today's edition of The New York Times contains an editorial entitled "Corporate Money and Campaigns."
Posted at 08:37 AM by Howard Bashman



"Challenge to Landmark Law Worries Preservationists": The New York Times contains this article today about a case pending before the Supreme Court of Illinois.
Posted at 08:30 AM by Howard Bashman


"Exxon Valdez oil-spill recovery still is work in progress, 20 years later": This article appears today in The Seattle Times, along with articles headlined "One pod of whales recovers after the Exxon Valdez oil spill, other near extinction" and "Some oil that remains from the Exxon Valdez still as fresh as in '89."

MSNBC.com reports that "Oil plagues Sound 20 years after Exxon Valdez; Future risk assessments must look at longer impacts, recovery council says."

Bloomberg News reports that "Exxon Valdez Ghost Lives On With Spill-Prone Ships."

And today in The Boston Globe, Christopher Reddy has an op-ed entitled "Let's not forget Exxon Valdez."
Posted at 08:27 AM by Howard Bashman



"High court rejects evolution suit against Cal": The San Francisco Chronicle contains this article today.
Posted at 08:17 AM by Howard Bashman


"Same-sex marriage bills gain in N.E.; Vt. Senate passes plan; votes set in N.H., Maine": This article appears today in The Boston Globe.
Posted at 08:15 AM by Howard Bashman


"Ex-border agents' bid for appeal fails": The Houston Chronicle today contains an article that begins, "The U.S. Supreme Court refused on Monday to hear an appeal from two former Border Patrol agents convicted of shooting a fleeing drug smuggler and trying to cover it up."

And last Saturday, The El Paso Times reported that "Ex-agent Ignacio Ramos celebrates freedom, plans future."
Posted at 08:14 AM by Howard Bashman



"Al-Marri pleads not guilty to terror charges": This article appears today in The Peoria Journal Star.

The Chicago Tribune reports today that "Peoria man pleads not guilty in terror case."

In The New York Times, John Schwartz reports that "Accused Qaeda Sleeper Agent in Court."

And The Associated Press reports that "Former 'enemy combatant' pleads not guilty in Ill."

The web site of the U.S. District Court for the Central District of Illinois provides access to the docket entries in the case at this link.
Posted at 08:02 AM by Howard Bashman



Monday, March 23, 2009

"Was 'Hillary: The Movie' wrongly censored?; The Supreme Court hears a case Tuesday about rules governing campaign advocacy and finance." Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 11:30 PM by Howard Bashman


"Rep. Frank calls Scalia a 'homophobe' in interview": The Associated Press has this report.
Posted at 11:27 PM by Howard Bashman


"Strip-Search of a Girl Is to Test Limit of School Policy": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 11:23 PM by Howard Bashman


In the March 2009 issue of The Georgetown Law Journal: Jamal Greene has an article titled "Selling Originalism."

Pierre Schlag has a provocative essay titled "Spam Jurisprudence, Air Law, and the Rank Anxiety of Nothing Happening (A Report on the State of the Art)." In the essay's very first footnote -- long before the essay's footnotes become entirely schizophrenic -- Schlag cites to Adam Liptak's pre-law school, 1985 "About Men" essay published in The New York Times under the headline "Playing Air Guitar."

And among the several responses to Schlag's essay is one by Seventh Circuit Judge Richard A. Posner titled "The State of Legal Scholarship Today: A Comment on Schlag."
Posted at 11:15 PM by Howard Bashman



"Lawyer: Chemical-weapon law misapplied in Pa. case." The Associated Press has this report on an appeal argued today before the U.S. Court of Appeals for the Third Circuit.
Posted at 06:20 PM by Howard Bashman


"Dean Koh to be Nominated as Legal Adviser of the U.S. Department of State": Yale Law School has today issued this news release.

The New Haven Register has a news update headlined "Yale law dean headed for State Department."

And The Yale Daily News has an update headlined "Koh named for State post."
Posted at 05:24 PM by Howard Bashman



"SG Kagan Presented to Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:55 PM by Howard Bashman


"No new grants; U.S. views sought": Lyle Denniston has this post at "SCOTUSblog" about the Order List that the U.S. Supreme Court issued today.

And The Associated Press reports that "Court won't hear appeal by former Border Patrol."
Posted at 03:52 PM by Howard Bashman



Rulings of note that the Supreme Court of Georgia issued today: Bill Rankin of The Atlanta Journal-Constitution has a news update headlined "Court revives Atlanta tax suit against online travel firms." And The Associated Press reports that "Ga. court revives Web hotel price scheme challenge." You can access the ruling at this link.

Rankin also has a news update headlined "Court tosses out $5M verdict against DeKalb in student death; Family of Emory student had sued after he was killed doing community service." You can access the ruling at this link.
Posted at 03:44 PM by Howard Bashman



Law professor blogger to marry commenter at aforementioned law professor blog: Congratulations to Ann Althouse! Only time will tell whether this will allow her husband-to-be to be jealous if she's spending too much time blogging once they are married.
Posted at 03:33 PM by Howard Bashman


"High court justices skeptical in case against Enron exec": The Houston Chronicle has this news update.

And Mark Sherman of The Associated Press reports that "Court weighs double jeopardy for ex-Enron exec."

You can access the transcript of today's U.S. Supreme Court oral argument in Yeager v. United States, No. 08-67, at this link.
Posted at 03:28 PM by Howard Bashman



"Original Sin: Scalia Unplugged -- Supreme Court Justice Uses The Language Of Sin To Describe His Ideological Opponents." CBS News legal analyst Andrew Cohen has this new installment of his "CourtWatch" column.
Posted at 03:20 PM by Howard Bashman


Programming note: This morning, I'll be traveling to and from Bloomsburg, Pennsylvania to meet with two appellate clients who reside there. Additional posts will appear here later this afternoon.

At 10 a.m. eastern time today, the Supreme Court of the United States will issue an Order List (link won't function until Order List posted online). "SCOTUSblog" will provide coverage of today's orders.
Posted at 08:02 AM by Howard Bashman



"Ex-Enron exec taking his case to high court today; Yeager says he shouldn't be retried after acquittal on related charges": The Houston Chronicle today contains an article that begins, "The first Enron defendant to bring an argument before the U.S. Supreme Court isn't among the best-known."
Posted at 07:57 AM by Howard Bashman


"Wal-Mart Ruling Has Wide Reach on Discrimination Cases": Today's edition of The Wall Street Journal contains an article that begins, "Wal-Mart Stores Inc. heads back to a federal appeals court on Tuesday to argue that a sex-discrimination lawsuit against it shouldn't proceed as a class-action case covering more than a million women."
Posted at 07:55 AM by Howard Bashman


"Putting Guantanamo to good use": Nathaniel T. Wheelwright has this op-ed today in The Boston Globe.
Posted at 07:54 AM by Howard Bashman


"Justice may face GOP ire on tenure; Albin drawing fire over his 'activism'": The Newark (N.J.) Star-Ledger today contains an article that begins, "Slim, slight and studious, Barry Albin can walk down just about any street in New Jersey without being recognized. That may soon change. Albin, one of seven justices on the New Jersey Supreme Court, is about to become a lightning rod in what promises to be a tough gubernatorial campaign."
Posted at 07:50 AM by Howard Bashman


"Hellhole: The United States holds tens of thousands of inmates in long-term solitary confinement; Is this torture?" Atul Gawande has this "Annals of Human Rights" article in the March 30, 2009 issue of The New Yorker.
Posted at 07:40 AM by Howard Bashman


Sunday, March 22, 2009

"Make merit matter by adopting new system of selecting judges; We can achieve accountability by retention voting": Wallace B. Jefferson, the chief justice of the Supreme Court of Texas, has this op-ed today in The Houston Chronicle.
Posted at 08:32 PM by Howard Bashman


"Panel tackles all things Supreme Court": This article appears today in The Charlottesville Daily Progress, reporting on this event.
Posted at 08:22 PM by Howard Bashman


"4nino" has four U.S. Supreme Court Justice bobblehead dolls (only one of which depicts Nino) up for auction at eBay: You can view the items by clicking here. The auctions will end approximately four days from now.
Posted at 07:23 PM by Howard Bashman


"Obama policies fresh air for medical marijuana advocates": McClatchy Newspapers have this report.
Posted at 07:11 PM by Howard Bashman


"Exxon Valdez: Can it happen again?" In advance of the 20th anniversary of the Exxon Valdez disaster on Tuesday, this article appears today in The Anchorage Daily News, along with an article headlined "Guarding against another Exxon Valdez."
Posted at 07:10 PM by Howard Bashman


"Indian feud, 21 counties, a big lawsuit: Demand for $1 trillion in gold spotlights little-known group." This article appears today in The Newark (N.J.) Star-Ledger.
Posted at 06:25 PM by Howard Bashman


"The Guard Who Found Islam: Terry Holdbrooks stood watch over prisoners at Gitmo; What he saw made him adopt their faith." The March 30, 2009 issue of Newsweek will contain this article.
Posted at 05:58 PM by Howard Bashman


"Judges face problems when their cases involve donors": This article appears today in The Pittsburgh Tribune-Review.
Posted at 05:55 PM by Howard Bashman


"Tribe holds city rally to demand trust status": Today's edition of The Providence (R.I.) Journal contains an article that begins, "Members of the Narragansett Indian Tribe and supporters paraded more than three miles through the city and held a rally downtown yesterday to call on Congress to pass legislation that would allow the government to place land in trust for the tribe in Charlestown. Legislation would be necessary for the tribe to work around a decision last month by the U.S. Supreme Court that the U.S. Department of the Interior could not place land in trust for the tribe because the Narragansetts were not under federal jurisdiction when the Indian Reorganization Act became law in 1934."
Posted at 05:20 PM by Howard Bashman


"Coming Soon: Declassified Bush-Era Torture Memos." Michael Isikoff and Mark Hosenball will have this article in the March 30, 2009 issue of Newsweek.
Posted at 05:15 PM by Howard Bashman


"Lawyers' late filings can be deadly for inmates; Tardy paperwork takes away final appeals for nine men, six of whom have been executed": This article appears today in The Houston Chronicle.
Posted at 05:01 PM by Howard Bashman


"Preview: Movies as political messages." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:20 AM by Howard Bashman


"Mr. Obama and the Rule of Law": This editorial appears today in The New York Times.
Posted at 08:15 AM by Howard Bashman


Saturday, March 21, 2009

OMG -- Linda Greenhouse is a liberal !!?! In response to this news, Mark Obbie has a post titled "Did Greenhouse overstep an imaginary line?" at his "LawBeat" blog. Obbie's post now also features a response that Greenhouse emailed to him.

For what it's worth, I have no problem with the fact that a former news reporter has joined an organization with a political point of view. Whether Greenhouse's own political point of view was, or should have been, imperceptable while she was covering the U.S. Supreme Court presents the more interesting question insofar as I'm concerned.
Posted at 09:02 PM by Howard Bashman



"Court settles lawsuit over 1997 death of Fort Knox worker": This article appears today in The Fairbanks Daily News-Miner reporting on a ruling that the Supreme Court of Alaska issued yesterday.
Posted at 08:45 PM by Howard Bashman


"U.S. high court deals blow to tribe's Amador casino plans": The Sacramento Bee today contains an article that begins, "The U.S. Supreme Court may have done something that Amador County couldn't manage in two years of legal battles. It may have indirectly stopped another Indian casino from locating in the rural county."
Posted at 08:40 PM by Howard Bashman


"A Hawaii Ferry Ends Its Choppy Ride": Sunday's edition of The New York Times will contain an article that begins, "The Hawaii Superferry made its final interisland voyage last week, capping a period marked by lawsuits, low ridership and suspicion that its ultimate purpose had more to do with military contracts than with connecting the Hawaiian islands. On Monday, the State Supreme Court effectively grounded the vessel, the Alakai, when it struck down an act passed by the Legislature last year that exempted its operator, Hawaii Superferry Inc., from carrying out an environmental impact study."

Monday's ruling of the Supreme Court of Hawaii consisted of a majority opinion and a concurring and dissenting opinion.
Posted at 08:37 PM by Howard Bashman



"Ex-Enron exec seeks double jeopardy ruling from justices": The Associated Press has a report that begins, "A former Enron Corp. executive is hoping a little known component of the Fifth Amendment's double jeopardy clause will help him avoid a retrial on charges related to financial fraud at the once mighty energy giant. Attorneys for F. Scott Yeager are set to present oral arguments before the U.S. Supreme Court on Monday on the issue of whether double jeopardy prevents prosecutors from retrying individuals after a jury votes not guilty on some charges, but fails to reach a verdict on others that share an element with the acquitted charges."
Posted at 08:30 PM by Howard Bashman


"Nacchio wins go-to-prison reprieve; Qwest's ex-CEO won't have to report to jail while the judge reviews his high-court petition": This article appears today in The Denver Post.

The Denver Business Journal reports that "U.S. Supreme Court is asked to hear Nacchio's appeal."

And Dow Jones Newswires report that "Former Qwest CEO Appeals To Supreme Court."

You can view the petition for writ of certiorari filed yesterday by clicking here.
Posted at 08:25 PM by Howard Bashman



Articles of note recently posted online at SSRN: Lori A. Ringhand has an article titled "In Defense of Ideology: A Principled Approach to the Supreme Court Confirmation Process" (via "Legal Theory Blog").

And Ruggero J. Aldisert, Meehan Rasch, and Matthew P. Bartlett have an article titled "Opinion Writing and Opinion Readers" (via "Legal Theory Blog."
Posted at 08:07 PM by Howard Bashman



"Shall We Get Rid of the Lawyers?" In the April 9, 2009 issue of The New York Review of Books, Anthony Lewis will have this review of Philip K. Howard's book "Life Without Lawyers: Liberating Americans from Too Much Law."
Posted at 04:55 PM by Howard Bashman


"Aggrieved Kinko's bosses can sue company": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court says as many as 490 managers of Kinko's copy shops in California can go to trial in a lawsuit claiming they have been illegally denied overtime."

You can access Thursday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:50 PM by Howard Bashman



"'Hillary: The Movie,' now showing at Supreme Court." Jesse J. Holland of The Associated Press has this report.
Posted at 04:42 PM by Howard Bashman


"Case Closed: Questions for Sandra Day O'Connor." In tomorrow's edition of The New York Times Magazine, Deborah Solomon will have this interview with retired Justice Sandra Day O'Connor.
Posted at 12:43 PM by Howard Bashman


"Judge Allows Katrina Lawsuit Against Corps of Engineers": John Schwartz has this article today in The New York Times.

And The Times-Picayune of New Orleans today contains an article headlined "Judge gives go-ahead to MRGO suit; He clears way to hear case against corps."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of Louisiana at this link.
Posted at 10:32 AM by Howard Bashman



"The BLT: The Blog of Legal Times" takes a closer look at the nomination of U.S. District Judge David F. Hamilton to serve on the U.S. Court of Appeals for the Seventh Circuit: You can access posts titled "Circuit Nominee Mixed Corporate, Civil Liberties Work" and "So You Want to be a Judge?"
Posted at 10:11 AM by Howard Bashman


Available online from law.com: Pamela A. MacLean reports that "6th Circuit Turns to Ohio Supreme Court for Guidance on Controversial Web Obscenity Shield." My earlier coverage of the ruling appears at this link.

And in other news, "Court Finds No Malpractice in Case Where Client Was Hit With $20 Million in Punitives." My earlier coverage of the ruling appears at this link.
Posted at 10:03 AM by Howard Bashman



"Appeals panel upholds dismissal of school's suit": The Associated Press has a report that begins, "A federal appeals court upheld a lower court decision Friday that prevented a Christian school in Texas from joining the state's athletic league for public schools."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 09:54 AM by Howard Bashman



Friday, March 20, 2009

"NRA appeals ruling blocking guns in national parks": The Associated Press has this report.

My earlier coverage of yesterday's ruling appears here and here.
Posted at 05:32 PM by Howard Bashman



"Kagan Sworn in as Solicitor General, May Argue Next Month": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

Update: And Mark Sherman of The Associated Press reports that "Obama could make top high court lawyer a justice."
Posted at 04:54 PM by Howard Bashman



All five parts of Peter Robinson's videotaped interview with Justice Antonin Scalia are now available for viewing online: The interview is divided into the following segments:
Part one: "Justice Antonin Scalia discusses the premise of his book, Making Your Case: The Art of Persuading Judges";

Part two: "Justice Antonin Scalia explains why he believes the Constitution 'is not living, but dead'";

Part three: "Justice Antonin Scalia discusses why the originalists have lost so much ground to the devotees of a living Constitution";

Part four: "Justice Antonin Scalia talks about Roe v. Wade -- and other mistakes of the past 50 years"; and

Part five: "Justice Antonin Scalia fields questions about his career, his family, his opinions, his faith, his colleagues, his legacy, and the fate of the Constitution."

The interview is a part of the "Uncommon Knowledge" series available online at NRO.TV.
Posted at 02:54 PM by Howard Bashman


"U.S. District Judge Crabb to retire from full-time status": This article appears today in The Wisconsin State Journal.

And The Milwaukee Journal Sentinel has a news update headlined "Madison federal judge to take senior status, says district needs third judge."
Posted at 02:45 PM by Howard Bashman



"SCOTUSblog" requests "Please take our reader survey": Finally, a law blog that cares about what its readers want, unlike here at "How Appealing," where I try to remain blissfully ignorant. You can access the "SCOTUSblog" survey by clicking here.
Posted at 02:20 PM by Howard Bashman


"D.C. Appeals Court Protects Lawyers Who Make Honest Mistakes": At "The BLT: The Blog of Legal Times," Jeff Jeffrey has this post about yesterday's ruling of the D.C. Court of Appeals in Biomet Inc. v. Finnegan Henderson LLP.
Posted at 02:14 PM by Howard Bashman


"Appeals court rejects McDougal appeal over records": The Associated Press has a report that begins, "The transcript of Whitewater figure Susan McDougal's grand jury testimony will remain sealed, a federal appeals court ruled Friday."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 02:10 PM by Howard Bashman



"Judge Michel Offers Views on Federal Circuit Judicial Nominees": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 12:24 PM by Howard Bashman


"Apppeals court rules Madoff must stay in prison": The Associated Press has this report.

Bloomberg News reports that "Bernard Madoff's Bid for Freedom Denied by U.S. Court."

And Reuters reports that "Madoff bail appeal denied."

You can access today's summary order of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:47 AM by Howard Bashman



"Solving crimes using fingerprints is an inexact science; Although it is accepted that prints are unique, courts continue to have questions about using them to make IDs": Jason Felch has this op-ed today in The Los Angeles Times.
Posted at 09:38 AM by Howard Bashman


"Pushing back the death penalty in New Mexico: In an act of courage, Gov. Bill Richardson repealed capital punishment in the state. Hopefully his decision will make it easier for other officials to follow their conscience." This editorial appears today in The Los Angeles Times.
Posted at 09:37 AM by Howard Bashman


"Law for 90% tax rate could be hard to overturn; AIG employees who received bonuses may think they're being targeted; But courts have long been reluctant to strike down tax legislation, legal experts say": David G. Savage has this article today in The Los Angeles Times.
Posted at 09:34 AM by Howard Bashman


"Ex-senator improperly influenced other jurors; Appeals court rejects $900,000 civil award": Today's edition of The Newark (N.J.) Star-Ledger contains an article that begins, "A former state senator and lawyer serving as a jury foreman improperly swayed fellow jurors who awarded nearly $900,000 in damages to a woman who fell in a supermarket, a state appeals court ruled yesterday."

And The Daily Record of Parsippany, New Jersey today contains an article headlined "Court: Ex-state senator Martin unduly influenced fellow jurors in lawsuit trial; $876K verdict against Wharton ShopRite tossed out."

My earlier coverage of yesterday's ruling appears at this link.
Posted at 09:29 AM by Howard Bashman



"Judge Blocks Rule Permitting Concealed Guns In U.S. Parks": This article appears today in The Washington Post.

My earlier coverage of yesterday's ruling appears at this link.
Posted at 09:28 AM by Howard Bashman



"Ailing Ginsburg looks back on HLS, early career": The new issue of The Harvard Law Record contains this article.
Posted at 09:25 AM by Howard Bashman


"Dispensers of Marijuana Find Relief in Policy Shift": This article appears today in The New York Times.
Posted at 09:24 AM by Howard Bashman


"Kagan Passes Senate Vote": The Harvard Crimson contains this article today.

The Harvard Law Record reports that "Kagan Confirmed as Solicitor General; Dean of HLS Becomes First Woman to Serve as Solicitor General."

And the Harvard Law School yesterday issued a news release headlined "Senate confirms Elena Kagan as solicitor general of the United States."
Posted at 09:22 AM by Howard Bashman



"Lawyer Asks Appeal Panel to Grant Bail for Madoff": This article appears today in The New York Times.

And law.com reports that "Madoff's Attorney Faces Tough Questions in Bail Appeal."
Posted at 09:07 AM by Howard Bashman



"Senate panel OKs Ind. nominee for AG role": The Indianapolis Star today contains an article that begins, "The nomination of Hoosier lawyer Dawn Johnsen to be assistant attorney general for the Justice Department's office of legal counsel was approved today by the Senate Judiciary Committee over the objection of Republicans."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Nominee for Office of Legal Counsel Moves Forward."
Posted at 09:00 AM by Howard Bashman



"Justice accused of breaking court order; Complaint against Roberto Rivera-Soto issued by county official": Today's edition of The Newark (N.J.) Star-Ledger contains an article that begins, "A Hunterdon County assistant prosecutor has filed a complaint against Supreme Court Justice Roberto Rivera-Soto, charging him with violating a court order sealing the identity of an investigator who used a racial slur while discussing former NBA star Jayson Williams."
Posted at 08:50 AM by Howard Bashman


"Obama Administration Sides With Wal-Mart Workers": Bloomberg News has a report that begins, "The Obama administration sided with women suing Wal-Mart Stores Inc. for discrimination, urging a federal appeals court to let the current and former workers sue as a group and proceed with the biggest sex-bias case in U.S. history."

And law.com reports that "EEOC Reverses Stance on Wal-Mart Class in Gender Bias Case."

An eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit will hear reargument en banc of this case on Tuesday of next week.

You can view the amicus brief that the EEOC filed yesterday in the Ninth Circuit by clicking here. And the briefs filed in support of and in opposition to en banc review can be accessed at this link.
Posted at 08:10 AM by Howard Bashman



"Supreme Court Briefs Claim Cuban Spies Received Unfair Trial in Miami": law.com has this report.
Posted at 07:58 AM by Howard Bashman


Thursday, March 19, 2009

"Ex-Bush admin official: Many at Gitmo are innocent." The Associated Press has this report.
Posted at 08:10 PM by Howard Bashman


"Irony Board: How many ways can Senate Republicans show intellectual hypocrisy?" Online at Slate, Dahlia Lithwick has a jurisprudence essay that begins, "Let's stipulate: You hate our nominees, and we hate yours. Our nominees are all godless baby killers and terrorist lovers. Yours are all God-crazed rights suppressors and misogynists. Fine. But isn't it also the case that when you reverse, rewrite, or undermine every rule and standard you've ever laid out for measuring the fitness of a presidential nominee, you become ridiculous--period?"
Posted at 07:55 PM by Howard Bashman


"Senate confirms Kagan as solicitor general": The Associated Press has this report.

And Reuters reports that "Senate approves Kagan as top U.S. courtroom lawyer."
Posted at 07:54 PM by Howard Bashman



"Perdue joins Texas in voting rights case": Today's edition of The Atlanta Journal-Constitution has an article that begins, "Gov. Sonny Perdue has joined a Texas case headed for the U.S. Supreme Court, arguing that Barack Obama's electoral performance in Georgia is proof that the state no longer needs the federal scrutiny required by the Voting Rights Act."
Posted at 07:48 PM by Howard Bashman


"Court blocks rule allowing guns in national parks": The Associated Press has a report that begins, "A federal judge has blocked a federal rule allowing people to carry concealed, loaded guns in national parks and wildlife refuges. A decision issued Thursday by U.S. District Judge Colleen Kollar-Kotelly overturns a rule issued in the waning days of the Bush administration."

You can access at this link today's ruling of the U.S. District Court for the District of Columbia.
Posted at 06:21 PM by Howard Bashman



"Lawyer on the Pre-emption Frontlines: Frederick Won Two Supreme Court Cases That May Shape Perception of Court's 2008 Term." Lawrence Hurley has this front page article today in The Daily Journal of California.
Posted at 06:00 PM by Howard Bashman


"Kagan Confirmed as First Female Solicitor General": This post appears at "The BLT: The Blog of Legal Times."

The U.S. Senate voted to confirm by a margin of 61-31.
Posted at 05:45 PM by Howard Bashman



Sixth Circuit asks Supreme Court of Ohio to decide contours of an Ohio statute prohibiting the use of the internet to exhibit to juveniles (or law enforcement officers pretending to be juveniles) any "material or performance that is obscene or harmful to juveniles": You can access the order of certification that the U.S. Court of Appeals for the Sixth Circuit issued today at this link.
Posted at 03:48 PM by Howard Bashman


"Ex-senator's role cited as court orders new trial in ShopRite fall case; Appeals court says bad rulings, Sen. Martin's influence as jury foreman, require retrial": The Daily Record of Parsippany, New Jersey has a news update that begins, "Citing multiple bad trial rulings and the improper influence that former state Sen. Robert Martin may have had as jury foreman, a state appeals court panel today ordered a new trial for a woman who was awarded $876,000 for a fall at the Wharton ShopRite in 2002."

And the "Legal Profession Blog" has a post titled "Lawyer-Juror's Article Leads To Reversal Of Judgment."

You can access today's ruling of the Superior Court of New Jersey's Appellate Division at this link.
Posted at 03:35 PM by Howard Bashman



"Nacchio's surrender date postponed": The Denver Post has this news update.

And The Associated Press reports that "Nacchio prison term delayed; tests show no cancer."
Posted at 03:14 PM by Howard Bashman



Programming note: Later this morning, I'll be attending an appellate mediation being performed by a senior judge serving on the Commonwealth Court of Pennsylvania in an appeal where I represent a summer camp located in northeastern Pennsylvania operated by the Bobov Hasidic sect.

Additional posts will appear here this afternoon.
Posted at 10:08 AM by Howard Bashman



"Health care issue returns to Court": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:05 AM by Howard Bashman


"Guantanamo Detainees May Be Released in U.S." Evan Perez has this article today in The Wall Street Journal.

And today in The New York Times, law professor Noah Feldman has an op-ed entitled "A Prison of Words."
Posted at 08:30 AM by Howard Bashman



"Medical marijuana dispensaries will no longer be prosecuted, U.S. attorney general says; The statement by Eric H. Holder Jr. represents a landmark shift from the Bush administration's zero tolerance toward the use of pot by people with cancer and other serious ailments": The Los Angeles Times contains this front page article today.

And The New York Times reports today that "Obama Administration to Stop Raids on Medical Marijuana Dispensers."
Posted at 08:25 AM by Howard Bashman



"Continued Detention of Marri Is Ordered": This article appears today in The Washington Post.

And The Post and Courier of Charleston, South Carolina reports today that "Judge rejects bond for al-Marri; Brig prisoner to be transferred to Illinois for trial."
Posted at 08:20 AM by Howard Bashman



"Retired Pa. judge wants freedom pending appeal": The Associated Press has this report.

And in this past Sunday's edition of The Erie (Pa.) Times-News, Pat Howard had an op-ed entitled "From finances to freedom, greed costs Joyce everything."
Posted at 08:15 AM by Howard Bashman



"Corzine can keep Katz e-mails private; Court's decision ends GOP's 2-year quest for release of correspondence with union leader": The Newark (N.J.) Star-Ledger contains this article today.

And The Philadelphia Inquirer reports today that "Corzine e-mail case is closed; The N.J. Supreme Court denied an effort to force him to release exchanges with his ex, a labor leader."
Posted at 08:00 AM by Howard Bashman



"Will Gay Couples' Marriage Vows Survive California Court Review?" This article appears today in The Wall Street Journal.
Posted at 07:54 AM by Howard Bashman


"Federal appeals court to hear Madoff jail argument": The Associated Press has this report.

And Newsday reports today that "Madoff's lawyers to ask court to release him."
Posted at 07:50 AM by Howard Bashman



"Ultrasound requirement revived; A House panel voted to require that women get ultrasounds before abortions": This article appears today in The Miami Herald.

The South Florida Sun-Sentinel reports today that "New abortion rule gains ground in Tallahassee."

The Tampa Tribune reports that "Bill On Abortion Ultrasound Requirement Is Back."

The Palm Beach Post reports that "Proposal would require viewing of ultrasound before abortion."

And elsewhere, The Indianapolis Star contains an article headlined "Bill would restrict abortion doctors" that begins, "Indiana women could have fewer options to obtain abortions under legislation that would require doctors who perform the procedure to have admitting privileges at a hospital."
Posted at 07:44 AM by Howard Bashman



Wednesday, March 18, 2009

"New Mexico gov signs bill banning death penalty": The Associated Press has this report.

And Reuters reports that "New Mexico Gov. Bill Richardson bans death penalty."

New Mexico Governor Bill Richardson issued this news release.
Posted at 10:22 PM by Howard Bashman



"1st Circuit Denies Review of Libel Ruling": At his "Media Law" blog tonight, Robert J. Ambrogi has a post that begins, "The 1st U.S. Circuit Court of Appeals today turned down a petition asking the full circuit to rehear en banc the controversial decision Noonan v. Staples, in which a three-judge panel ruled that truth is not an absolute defense to libel."
Posted at 10:12 PM by Howard Bashman


"Christian law group loses fight with Hastings": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "UC Hastings College of the Law can deny recognition and funding to a Christian student group because it excludes gays, lesbians and non-Christians, a federal appeals court ruled Tuesday."

You can access yesterday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:22 PM by Howard Bashman



"U.S. attorney: No federal trial, death penalty for Nichols." Bill Rankin has this article today in The Atlanta Journal-Constitution. The newspaper also reports today that "Life-without-parole bill imperiled by addition."
Posted at 08:11 PM by Howard Bashman


"State attorney general argues against death penalty curbs; Gansler says proposed limits will 'almost nullify' capital": The Baltimore Sun contains this article today.
Posted at 08:05 PM by Howard Bashman


"Holder Urged to Probe Allegations of Torture; ACLU Seeks Answers About Detainees": This article appears today in The Washington Post.
Posted at 07:38 PM by Howard Bashman


"DOJ Skips Challenge to Aipac Ruling": Josh Gerstein has this post at his new blog at Politico.com, titled "Under the Radar."
Posted at 07:28 PM by Howard Bashman


"AG Talks About Gitmo, Fraud, and Pot": Joe Palazzolo has this post at "The BLT: The Blog of Legal Times."

And The Associated Press has reports headlined "Holder says some Uighur detainees could go to US" and "Attorney general signals shift in marijuana policy."
Posted at 07:25 PM by Howard Bashman



Posts of note at "The BLT: The Blog of Legal Times." Mike Scarcella has a post titled "Four Former SGs Address Patent Litigation, Morning Coats."

And David Ingram has a post titled "Hatch Reserving Judgment on First Judicial Nominee."
Posted at 05:44 PM by Howard Bashman



"Franken's Monster: Will Bush v. Gore bite Democrats in Coleman v. Franken?" Richard L. Hasen has this jurisprudence essay online at Slate.
Posted at 04:52 PM by Howard Bashman


"Eyewitness IDs Don't Always Mean Justice": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."

Sadly, this may mark Dahlia's last appearance on "Day to Day," as the program will broadcast its final episode this Friday.
Posted at 03:17 PM by Howard Bashman



"Federal judge denies release of alleged terrorist": The Associated Press has a report that begins, "An alleged al-Qaida sleeper agent held for nearly six years without being charged must remain behind bars as the criminal case against him continues, a judge ruled Wednesday. U.S. Magistrate Judge Robert Carr turned down Ali al-Marri's bid to be released on bond, despite an offer by his lawyer's wife to put up collateral to guarantee al-Marri wouldn't flee before his trial in Illinois on terror charges."
Posted at 02:20 PM by Howard Bashman


"Study concludes a well-worn gripe may be right: ABA ratings are biased against conservative nominees": Marcia Coyle will have this article in the March 23, 2009 issue of The National Law Journal.
Posted at 02:11 PM by Howard Bashman


"Conservatives invoke Obama in Voting Rights Act challenge; They say his election as president is the sign of a colorblind society that doesn't need safeguards for minorities; Civil rights advocates disagree, pointing to other voting patterns": Peter Wallsten and David G. Savage have this article today in The Los Angeles Times.
Posted at 08:42 AM by Howard Bashman


"Indiana judge nominated for U.S. Court of Appeals; President got thumbs-up from Lugar and Bayh before naming Hamilton": The Indianapolis Star contains this article today.

Today in The Los Angeles Times, David G. Savage reports that "Obama announces first judicial nomination; The president taps Judge David F. Hamilton of Indiana for the 7th Circuit Court of Appeals in Chicago. A conservative legal group immediately objects, calling Hamilton an 'ultra-liberal.'"

Margaret Talev and Marisa Taylor of McClatchy Newspapers have an article headlined "Obama judicial pick will test pledge to end confirmation wars."

And Michael A. Fletcher of The Washington Post reports that "Obama Names Judge to Appeals Court; President Praises David Hamilton of Indiana as a Moderate."
Posted at 08:40 AM by Howard Bashman



"Suspected Al-Qaeda Agent Gets Hearing; Further Detention for Marri to Be Sought": This article appears today in The Washington Post.
Posted at 08:37 AM by Howard Bashman


"Plan Would Limit Prison Chapel Books": The New York Times today contains an article that begins, "A broad swath of religious organizations and civil liberties groups -- often on opposite sides of contentious issues -- have joined together to condemn a proposed rule that they say would prohibit some religious texts in federal penitentiary libraries."
Posted at 08:34 AM by Howard Bashman


Jurisprudence essays available online at Slate: Jeffrey Rosen has an essay entitled "Genetic Surveillance for All: What if the FBI put the family of everyone who has ever been convicted or arrested into a giant DNA database?"

And Darius Rejali has an essay entitled "Ice Water and Sweatboxes: The long and sadistic history behind the CIA's torture techniques."
Posted at 08:33 AM by Howard Bashman



"Biopsy cited in call for delaying prison; The ex-Qwest exec's doctor says he'll know Friday if the leg growth needs treatment": This article appears today in The Denver Post.
Posted at 08:30 AM by Howard Bashman


"U.S. Is Urged to Lift Ban on Foreign Scholars": Today in The New York Times, John Schwartz has this article focusing on a case that will be argued next Tuesday in the U.S. Court of Appeals for the Second Circuit.
Posted at 08:24 AM by Howard Bashman


"Prisoners of W--: Hold them forever; just don't call them 'enemy combatants.'" The Wall Street Journal contains this editorial today.
Posted at 08:07 AM by Howard Bashman


"Justices: Prison garb hurts witness' credibility; Inmates can't be made to wear jail uniforms on stand." This article appears today in The Newark (N.J.) Star-Ledger.

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 08:02 AM by Howard Bashman



Commentary available online from FindLaw: Anthony J. Sebok has an essay entitled "The Day after Levine: Analyzing the Supreme Court's Recent Ruling that FDA Approval of Label Warnings Does Not Preempt State Tort Law."

And Julie Hilden has an essay entitled "How Easily Should Defamation Plaintiffs Be Able to Find Out the Identities of Anonymous Online Speakers From Internet Service Providers? The Maryland Court of Appeals Offers an Answer, But Ultimately, A Federal Resolution Is Needed."
Posted at 07:44 AM by Howard Bashman



Tuesday, March 17, 2009

"A Low-Profile Ride to Top of High Court Bar": law.com's Tony Mauro has an article that begins, "On March 4, the morning he won the biggest Supreme Court case of his career, David Frederick happened to be in Baltimore at a business meeting with Peter Angelos, the famed trial lawyer and Baltimore Orioles owner."
Posted at 11:25 PM by Howard Bashman


"Obama Administration: Constitution Does Not Protect Cell-Site Records." At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "The Obama administration says the Fourth Amendment prohibition against unreasonable searches and seizures does not apply to cell-site information mobile phone carriers retain on their customers. The position is being staked out in a little-noticed surveillance case pending before the 3rd U.S. Circuit Court of Appeals in Philadelphia. The case has wide-ranging implications for Americans, as most citizens have or will carry a mobile phone in their lifespan."

You can view the federal government's appellate brief at this link.
Posted at 06:20 PM by Howard Bashman



"Shotgun wedding for NLJ and Legal Times": Mark Obbie has this post at his "LawBeat" blog.
Posted at 06:15 PM by Howard Bashman


"Feds: Send him to prison; The ex-Qwest CEO must show his verdict is wrong, the filing says." The Denver Post today contains an article that begins, "Former Qwest chief executive Joe Nacchio should not be allowed to remain free on bail because he has not met the heavy burden of showing that his insider-trading conviction is incorrect, the government argued in a court filing Monday."

The Denver Business Journal reports that "Nacchio asks for prison delay for possible cancer treatment."

The Associated Press has a report headlined "Documents: Nacchio examined for skin cancer."

And Reuters reports that "Nacchio may need delay for cancer surgery."
Posted at 06:12 PM by Howard Bashman



"Prison Restrictions on 'American Taliban' John Walker Lindh Loosened": Carrie Johnson of The Washington Post has this news update.
Posted at 05:57 PM by Howard Bashman


"Feds won't seek death-penalty trial for Nichols": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Federal prosecutors in Atlanta will not seek the death penalty against courthouse killer Brian Nichols, the U.S. Attorney's Office announced Tuesday. Nichols was sentenced to life in prison without parole after a Fulton County jury was unable to reach a unanimous verdict, deadlocking 9-3 in favor of a death sentence."

And The Associated Press reports that "Feds won't prosecute convicted courthouse gunman."
Posted at 05:54 PM by Howard Bashman



"Mistrial by iPhone: Web Research by Jurors Upends Trials." John Schwartz will have this interesting article Wednesday in The New York Times.
Posted at 05:47 PM by Howard Bashman


"Federal judge scolds prosecutor; Appeals Judge Richard Posner cites misconduct as conviction overturned": Ameet Sachdev has this article today in The Chicago Tribune.

My earlier coverage of last week's Seventh Circuit ruling appears at this link.
Posted at 05:44 PM by Howard Bashman



"Americans not inclined toward sacrifice, Justice Clarence Thomas says": This article appears today in The Richmond Times-Dispatch.

And The Associated Press provides a report headlined "Justice Thomas: Americans don't sacrifice as much."

Washington and Lee University has posted online at this link the audio from Justice Clarence Thomas's remarks yesterday. You can also download the audio via this link (66.1MB mp3 audio file).
Posted at 05:28 PM by Howard Bashman



"Justice Ginsburg to Have Precautionary Chemotherapy": Robert Barnes of The Washington Post has this news update.

James Vicini of Reuters reports that "Supreme Court's Ginsburg to undergo chemotherapy."

Bill Mears of CNN.com reports that "Justice Ginsburg to undergo 'precautionary' chemotherapy."

Ariane de Vogue of ABCNews.com reports that "Ginsburg to Begin 'Precautionary' Chemo; Cancer Surgery, Now Chemotherapy: Supreme Court Justice Says She Plans to Keep Working."

The Associated Press reports that "Justice Ginsburg says she will have chemotherapy."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Ginsburg Upbeat About Her Health."

The Public Information Office of the U.S. Supreme Court issued this news release today.
Posted at 05:17 PM by Howard Bashman



"With pick of judge, Obama begins reshaping bench": The Associated Press has a report that begins, "President Barack Obama on Tuesday nominated an Indiana judge to serve on a midwestern federal appeals court, his first act in reshaping the federal judiciary and preparing for a possible Supreme Court opening."
Posted at 05:10 PM by Howard Bashman


"La. Supreme Court OKs 10-2 verdicts": The Associated Press has a report that begins, "The Louisiana Supreme Court on Tuesday upheld state law allowing juries to convict felony defendants by votes of 10-to-2. Death penalty cases in Louisiana require unanimous verdicts from 12-member juries, but the law allows non-unanimous verdicts of 10-2 in felony cases where the punishment is imprisonment at hard labor."

The majority opinion representing today's ruling of the Supreme Court of Louisiana was written by Justice Chet D. Traylor, who will soon be retiring from that court (see also this post at "The Bartlett Blawg").
Posted at 04:57 PM by Howard Bashman



"Moderate Is Said to Be Pick for Court": Today in The New York Times, Neil A. Lewis has an article that begins, "President Obama is expected to name his first candidate to an appeals court seat this week, officials said, choosing David F. Hamilton, a highly regarded federal trial court judge from Indiana, for the appeals court in Chicago."

The Indianapolis Star has a news update headlined "Ind. judge could be named to appeals court."

David G. Savage of The Los Angeles Times has a news update headlined "Obama announces first judicial nomination; The president taps Judge David F. Hamilton of southern Indiana for 7th Circuit Court of Appeals in Chicago; A conservative legal group immediately objects, calling Hamilton an 'ultra-liberal.'"

Michael A. Fletcher of The Washington Post has a blog post titled "Obama Announces Nominee for Appeals Court."

The Associated Press reports that "Obama chooses Indiana judge for US appeals court."

And at Politico.com, Josh Gerstein has an article headlined "Bipartisan aim for judge picks -- for now."

You can access the official White House announcement at this link and news release at this link. If confirmed, the nominee would fill the vacancy created when Seventh Circuit Judge Kenneth F. Ripple took senior status. You can access the Federal Judicial Center biography of U.S. District Judge David F. Hamilton at this link.
Posted at 04:40 PM by Howard Bashman



Monday, March 16, 2009

Programming note: As explained in this post from earlier today linking to the briefs, on Tuesday I'll be delivering an appellate oral argument before a three-judge panel of the Superior Court of Pennsylvania sitting in Harrisburg. Additional posts will appear here Tuesday afternoon or evening.

Update: The oral argument seemed to go very well. Before departing Harrisburg, I stopped into the Pa. Superior Court's Harrisburg filing office to review the trial court record in a newly filed appeal that I'll soon be working on as co-counsel for defendants-appellees. It's a case that's received some news coverage, and once I formally enter my appearance I'll provide more details.
Posted at 11:22 PM by Howard Bashman



"5th Circuit Nixes Manifest Disregard as Ground for Vacatur of Arbitration Awards": law.com provides this report.

My earlier coverage of this Fifth Circuit ruling appears at this link.
Posted at 10:44 PM by Howard Bashman



"A New Book on Justice Kennedy": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 08:14 PM by Howard Bashman


"Legal Times to Merge With The National Law Journal": Following-up on my post from this morning, this post now appears at "The BLT: The Blog of Legal Times."

And at "Bill's Blog," William L. Pollak -- Incisive Media's Chief Executive Officer for North America -- has a post titled "National Law Journal/Legal Times Merger."
Posted at 03:37 PM by Howard Bashman



"Court affirms Texas' schools moment of silence law": The Associated Press has a report that begins, "A federal appeals court panel has upheld a Texas law that calls for schoolchildren to have a moment of silence during which they can pray, reflect or meditate."

Just as soon as an electronic copy of today's ruling of the U.S. Court of Appeals for the Fifth Circuit becomes available, I'll link to it here.

Update: You can access today's ruling at this link.
Posted at 02:55 PM by Howard Bashman



"Old cases may mean new trials for Gitmo detainees": The Associated Press has a report that begins, "Old terror case files are being dusted off as the Obama administration considers prosecuting high-profile Guantanamo Bay detainees in civilian courts, focusing on crimes allegedly committed before Sept. 11, 2001. It's a tactic that could allow the government to limit testimony about harsh, more recent interrogations and to avoid revealing sensitive intelligence about al-Qaida."
Posted at 02:54 PM by Howard Bashman


"Judicial Nominations Coming Soon": Today at the "Legal Beat" blog of CQ Politics, Seth Stern has a post that begins, "The Senate Judiciary Committee's chairman expects President Obama's first batch of judicial nominations to arrive by early April."
Posted at 02:44 PM by Howard Bashman


"So Far, Few Ripples From Landmark Ruling on Guns": Adam Liptak will have this new installment of his "Sidebar" column Tuesday in The New York Times.

Liptak's essay focuses on, among other things, an article titled "Heller's Catch 22" by law professor Adam Winkler.
Posted at 02:40 PM by Howard Bashman



"Turtle Talk is the blog for the Indigenous Law and Policy Center at Michigan State University College of Law." I blog about American Indian law every now and then, but those who'd like even more blogging on that subject should be sure to visit the "Turtle Talk" blog.
Posted at 12:48 PM by Howard Bashman


I'll be delivering an appellate oral argument tomorrow before three-judge panel of the Superior Court of Pennsylvania sitting in Harrisburg, Pa. Tomorrow, I'll be delivering an oral argument on behalf of the defendant-appellant in a criminal case.

The main question presented on appeal involves whether the defendant's rights under the Confrontation Clause were violated by the trial court's admission of the videotaped testimony of a child who provided incriminating testimony against the defendant on direct examination but who then refused to or was unable to complete her direct examination and thus was entirely unavailable for cross-examination. You can access online both the Brief for Appellant and the Reply Brief for Appellant that I filed in the case.
Posted at 12:40 PM by Howard Bashman



"Fumo guilty 137 times": The Philadelphia Inquirer has a news update that begins, "Former State Sen. Vincent Fumo has been convicted of all 137 counts against him, bringing to a close his marathon federal corruption trial."

And The Associated Press reports that "Ex-Pa. senator convicted of 137 corruption counts."
Posted at 12:20 PM by Howard Bashman



"Incisive Media Announces Plans to Merge The National Law Journal and Legal Times; Leading Legal Publications to Offer Combined Print/Online Reporting and Analysis From the Nation's Capital and Six Bureaus Across the Country": So reports a news release from Incisive Media that I've just received by email.

The news release begins:

NEW YORK (March 16, 2009) -- Incisive Media, a global leader in specialized business news and information, today announced plans to merge two of the nation's most respected legal publications, The National Law Journal and Legal Times. The combined organization, which will operate under The National Law Journal brand, will offer print and online national legal news and analysis from an award-winning team of journalists in seven bureaus around the country. The new publication will continue to deliver insider coverage of Washington, D.C. news, commentary and legal analysis to readers within the Beltway and across the country, including front-page news from the capital and a weekly Washington section. The first print edition of the expanded National Law Journal will be available in May.
I have posted the complete news release at this link.
Posted at 11:34 AM by Howard Bashman


"'Hillary: The Movie' to Get Supreme Court Screening; At Issue Is Balance Between Political Speech and Free Speech." Robert Barnes had this article yesterday in The Washington Post.
Posted at 11:33 AM by Howard Bashman


"America's First Constitution Was Big -- Really Big": This audio segment (RealPlayer required) appeared on yesterday's broadcast of NPR's "All Things Considered." A related slide show can be accessed here.
Posted at 11:18 AM by Howard Bashman


"Student bloggers give public a seat at Grace trial": The Associated Press has a report that begins, "A cadre of journalism and law students from the University of Montana is providing a virtual window on what many are calling the most extensive environmental criminal trial in U.S. history."
Posted at 11:05 AM by Howard Bashman


"Law and Justice with Antonin Scalia: Chapter 1 of 5; Justice Antonin Scalia discusses the premise of his book, Making Your Case: The Art of Persuading Judges." By clicking here, you can view the video interview posted today at National Review Online. The interview is part of the series titled "Uncommon Knowledge with Peter Robinson."
Posted at 08:47 AM by Howard Bashman


"US Torture: Voices from the Black Sites." Mark Danner will have this review in the April 9, 2009 issue of The New York Review of Books.

Update: In yesterday's edition of The New York Times, Danner had an op-ed entitled "Tales From Torture's Dark World."

And yesterday's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Author Sheds Light On CIA's 'Black Sites'" (RealPlayer required).
Posted at 08:45 AM by Howard Bashman



"A Leadership of Cowards? Why is Eric Holder embarrassed about enforcing civil rights in Noxubee County?" Today at National Review Online, Hans A. von Spakovsky has an essay [link fixed] that begins, "Attorney General Eric Holder calls the U.S. 'a nation of cowards' because we 'do not talk enough about race.' I find this ironic, since the Justice Department seems embarrassed about a recent judgment in its favor by the U.S. Court of Appeals for the Fifth Circuit. U.S. v. Ike Brown is a major Voting Rights Act case involving intentional race-based discrimination by local officials in Noxubee County, Miss."

You can view the Fifth Circuit's ruling from last month in that case at this link.
Posted at 08:40 AM by Howard Bashman



"A deportation case against a dead man: Nasin Rivera, an illegal immigrant, died in San Bernardino County in August; Seven months later, the federal government is still proceeding with the deportation case against him." The Los Angeles Times contains this article today.
Posted at 08:35 AM by Howard Bashman


"Cheney, Bush Strongly Disagreed on Libby": This article appears today in The Washington Post.

The New York Times reports today that "Cheney Says Obama Has Increased Risks."

And The Los Angeles Times contains an article headlined "Cheney: Obama terrorism policies make U.S. vulnerable; The former vice president defends the Bush administration's approach to suspected terrorists as he sharply criticizes Obama on a host of issues."
Posted at 08:23 AM by Howard Bashman



"It Keeps Coming Down To the Man in the Middle: As Justice Kennedy Goes, So Go Many Major Decisions." Robert Barnes has this article today in The Washington Post.
Posted at 08:22 AM by Howard Bashman


"Red Cross Described 'Torture' at CIA Jails; Secret Report Implies That U.S. Violated International Law": This front page article appears today in The Washington Post.
Posted at 08:20 AM by Howard Bashman


"Calif. fight over inmate care may go to high court": The Associated Press has this report.
Posted at 08:14 AM by Howard Bashman


"Obama Slow to Repudiate Bush in Race, Terrorism Court Cases": Greg Stohr of Bloomberg News has this report.
Posted at 08:03 AM by Howard Bashman


"Crying foul over Facebook: Fumo's defense asks judge to suspend deliberations & investigate blogging juror." This article appears today in The Philadelphia Daily News.

And The Philadelphia Inquirer reports today that "Fumo lawyers target juror, deliberations."

My friend attorney Peter Goldberger filed this motion yesterday in the United States v. Fumo case pending in the U.S. District Court for the Eastern District of Pennsylvania.
Posted at 07:38 AM by Howard Bashman



Sunday, March 15, 2009

"U.S. Challenged On Sealing of Detainee Files": Monday's edition of The Washington Post will contain an article that begins, "The Justice Department has filed 'unclassified' records in federal court outlining the government's cases against more than 100 detainees at the U.S. military prison at Guantanamo Bay, but the records are not being made public."

And Monday's edition of The New York Times will report that "Europe's Hedging on Inmates Clouds Guantanamo Plans."
Posted at 11:14 PM by Howard Bashman



"Pakistan Leader Backs Down and Reinstates Top Judge": This article will appear Monday in The New York Times.

The Los Angeles Times has a news update headlined "Protesters savor victory in Pakistan; Government reinstates the chief justice as thousands defied a ban to head to Islamabad for an opposition rally."

The Associated Press reports that "Pakistan to restore chief justice."

Reuters reports that "Pakistan defuses crisis, agrees to restore top judge."

And Bloomberg News reports that "Pakistan to Restore Supreme Court Justice, Bowing to Protesters."
Posted at 10:42 PM by Howard Bashman



Programming note: This afternoon, I'll be returning home from my very enjoyable visit to New Orleans. Additional posts will appear here this evening.
Posted at 10:24 AM by Howard Bashman


"Judge appointments are Obama's chance to shape California courts; While campaigning, he emphasized bipartisanship and vowed to name judges with 'empathy' and 'heart'; How will those promises play out?" Carol J. Williams has this article today in The Los Angeles Times.
Posted at 10:23 AM by Howard Bashman


"Kansas eager for abortion provider's case to move forward; After a years-long drama involving activists, prosecutors and Dr. George Tiller, who faces charges stemming from late-term procedures, his trial is seen as an unfulfilling climax": This article appears today in The Los Angeles Times.
Posted at 10:22 AM by Howard Bashman


"A Brewing Court Battle: Obama's ambitious agenda will be scrutinized and second-guessed by conservative federal judges." Michael Waldman will have this article in the March 23, 2009 issue of Newsweek.
Posted at 10:18 AM by Howard Bashman


"Top court ruling threatens to shake up N.J. elections; It clears way for GOP effort to redraw districts": The Newark (N.J.) Star-Ledger today contains an article that begins, "On the eve of New Jersey's legislative elections, the long-contested map setting the boundaries for the state's voting districts may be challenged as unconstitutional in the wake of a controversial U.S. Supreme Court decision last week."
Posted at 10:12 AM by Howard Bashman


"Ginsburg recounts career roadblocks; Says high court may soon have a new member": This article appeared yesterday in The Boston Globe.

And The Boston Herald reported yesterday that "In Hub, Justice Ruth Bader Ginsburg hints at Supreme vacancy."

According to the popular "Today in History" feature from The Associated Press, today Justice Ruth Bader Ginsburg is celebrating her 76th birthday.
Posted at 10:07 AM by Howard Bashman



"2nd Circuit to Hear Appeal of Bail Denial for Madoff; Getting post-conviction bail for Madoff will be tough because the standards are much stricter": law.com has this report.
Posted at 10:00 AM by Howard Bashman


"Implementing sex offender registration law may prove impossible": The Providence (R.I.) Journal today contains this article about the federal Sex Offender Registration and Notification Act.
Posted at 09:58 AM by Howard Bashman


"Drugs v. Devices": The New York Times today contains an editorial that begins, "Now that the Supreme Court has ruled that patients can sue drug companies in state courts for harm caused by medicines approved by the Food and Drug Administration, Congress ought to give patients the same right to sue makers of medical devices."
Posted at 09:52 AM by Howard Bashman


Saturday, March 14, 2009

"Souter, no fan of capital, seems at home in D.C." Mark Sherman of The Associated Press has this report.
Posted at 05:02 PM by Howard Bashman


"In City of Lawyers, Many Immigrants Fighting Deportation Go It Alone": Yesterday's edition of The New York Times contained an article that begins, "In the heart of Manhattan, amid one of the greatest concentrations of legal muscle in the world, hundreds of New York's immigrant poor are locked up with no access to a lawyer as they fight deportation. Robert A. Katzmann, a federal judge on the Second Circuit Court of Appeals, believes that fact alone should summon the city's legal profession to do more volunteer work in the immigration court system, where no defendant has the right to a court-appointed lawyer, and some of the most vulnerable end up in the hands of fly-by-night operators who bungle cases wholesale."
Posted at 04:58 PM by Howard Bashman


"Have the Eyes Had It? Is our eyewitness identification system sending innocents to jail?" Dahlia Lithwick will have this essay in the March 23, 2009 issue of Newsweek.
Posted at 04:55 PM by Howard Bashman


"Chief Justice John Roberts discusses Lincoln": The Associated Press has this report from Moscow, Idaho.
Posted at 04:54 PM by Howard Bashman


"It starts with an 'F' and ends in two arrests; Users of profanity face charges in La Marque, Galveston": This front page article appears today in The Houston Chronicle.
Posted at 09:50 AM by Howard Bashman


Do railroad crossings fit within the purview of "transportation by rail carriers" for purposes of express preemption under the Interstate Commerce Commission Termination Act? In light of a conflict between its ruling and the ruling of the Supreme Court of North Dakota, this week the U.S. Court of Appeals for the Fifth Circuit entered an order granting rehearing en banc to reconsider the question. In July 2008, a unanimous three-judge Fifth Circuit panel ruled that express preemption applied.
Posted at 09:47 AM by Howard Bashman


"Appeals court to rehear ex-inmate's $15M award": The Associated Press has a report that begins, "A federal appeals court has agreed to rehear a case that resulted in a $15 million award to a former Louisiana death row inmate who was exonerated after 18 years in prison. In December 2008, a three-judge panel from the 5th U.S. Circuit Court of Appeals upheld the jury's award to John Thompson, 45, who was convicted in 1985 of killing hotel executive Raymond Liuzza Jr. but acquitted years later after a state appeals court ordered a new trial. In a decision Friday, the full court agreed to hear the case in response to a request by New Orleans District Leon Cannizzaro."

And The Times-Picayune of New Orleans reports today that "Court gives DA's office another chance; Former inmate's judgment challenged."

You can access Wednesday's order (posted online yesterday) of the U.S. Court of Appeals for the Fifth Circuit granting rehearing en banc at this link. The original three-judge panel's unanimous ruling from December 2008 can be accessed here.
Posted at 09:35 AM by Howard Bashman



"Rethinking Original Intent: The debate over the Constitution's meaning takes a surprising turn; a pivotal gun-rights case." Jess Bravin has this article today in The Wall Street Journal.
Posted at 09:28 AM by Howard Bashman


"Court reverses convictions of sex offenders; The four men were convicted for failing to register as sex offenders after moving to Virginia": Today's edition of The Roanoke Times contains an article that begins, "Four Southwest Virginia sex offenders who challenged a national registration law had their convictions for failing to register overturned Friday by the 4th U.S. Circuit Court of Appeals. The four men's original convictions for various sex offenses were not affected by the appeals court's decision. The ruling was based on a narrow issue of timing and did not reach deeper questions about the Sex Offender Registration and Notification Act."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:47 AM by Howard Bashman



The F word, on appeal: A dissent that a judge serving on the U.S. Court of Appeals for the Fourth Circuit issued yesterday begins, "The panel majority has today overruled the Board and denied legal protection to an employee's one-time use of profane language concerning a supervisor -- referring to him as a 'stupid fucking moron' -- in a private setting during intense labor negotiations."
Posted at 08:44 AM by Howard Bashman


Friday, March 13, 2009

Second Circuit Judge Guido Calabresi to take senior status effective July 21, 2009: See here for confirmation (via "The BLT: The Blog of Legal Times"). As of that date, he will have served for fifteen years as a federal appellate judge.
Posted at 10:17 PM by Howard Bashman


Today in New Orleans: On my second day here, I finally gave in to the temptation to visit the John Minor Wisdom U.S. Court of Appeals Building.

In addition to visiting the three courtrooms on the second floor -- including the en banc courtroom containing seats for seventeen judges at the bench -- I visited the court's library, where the librarian in charge gave me a complimentary copy of "A History of the Fifth Circuit 1891-1981" by law professor Harvey C. Couch.

My wife took some interesting photos of the outside of the building, which I'll try to post online after I return home.

This afternoon's symposium event at Loyola Law School was much fun. It was great to finally meet both Jerry Goldman, founder of the amazing "Oyez" site, and Ernest Svenson of "Ernie the Attorney" fame.

It was also very interesting to hear professor Timothy R Johnson of the University of Minnesota speak about a project he is currently working on with two other professors to study how often each of the nine Justices serving on the U.S. Supreme Court interrupt, or get interrupted by, each other during oral argument. One of the study's least surprising findings is that Justice Clarence Thomas isn't doing much interrupting of his colleagues, nor is he being interrupted often by his colleagues, at oral argument.
Posted at 10:14 PM by Howard Bashman



"U.S. Abandons Detainee Label but Policy Is Largely Intact": Saturday's edition of The New York Times will contain an article that begins, "The Obama administration said Friday that it would abandon the Bush administration's term 'enemy combatant' as it argues in court for the continued detention of prisoners at Guantanamo Bay, Cuba, in a move that seemed intended to symbolically separate the new administration from Bush detention policies."

Saturday's edition of The Washington Post will report that "U.S. Retires 'Enemy Combatant,' Keeps Broad Right to Detain."

The Associated Press reports that "Obama admin. to end use of term 'enemy combatant.'"

James Rowley of Bloomberg News reports that "Obama Drops Enemy Combatant Term in Guantanamo Cases."

Reuters reports that "U.S. drops 'enemy combatant' as basis for detention."

At "SCOTUSblog," Lyle Denniston has a post titled "U.S. defines its claim to detention power."

Today, the U.S. Department of Justice issued a news release titled "Department of Justice Withdraws 'Enemy Combatant' Definition for Guantanamo Detainees." The news release links to the "Declaration of Attorney General Eric Holder" and a brief that the federal government filed today in the U.S. District Court for the District of Columbia.
Posted at 09:50 PM by Howard Bashman



"Court stays out of Anna Nicole Smith case": The AP has a report that begins, "Supreme Court Justice Anthony Kennedy has turned down a plea for help from the estate of Anna Nicole Smith in a fight over a Texas oil tycoon's fortune."
Posted at 09:35 PM by Howard Bashman


What a twit: The Associated Press has a report headlined "Appeal says juror sent 'tweets' during $12.6M case" that begins, "A building materials company and its owner have appealed a $12.6 million verdict against them, alleging that a juror posted messages on Twitter.com during the trial that show he's biased against them."
Posted at 09:33 PM by Howard Bashman


"Ginsburg: Possible court opening soon." The Associated Press has this report.
Posted at 07:30 PM by Howard Bashman


"Staples libel ruling concerns news media groups; Truth not failsafe as defense in case": Jonathan Saltzman has this article today in The Boston Globe.
Posted at 07:28 PM by Howard Bashman


Programming note: This afternoon, I'll be a speaker at a Loyola Law Review symposium titled "On the Brink: The Judiciary's Tug of War with Technology." Should you happen to be in or near New Orleans, the event is open to the public and begins at 1 p.m. My panel is due to start at 4 p.m.

This morning, after grabbing breakfast at Stanley, we plan to visit the National World War II Museum and the Ogden Museum of Southern Art.

Additional posts will appear here at some point later today.
Posted at 09:07 AM by Howard Bashman



"U.S. Chief Justice John Roberts in Boise, praises western law schools": This article appears today in The Idaho Statesman.

This afternoon, the Chief Justice will be delivering the Bellwood Lecture at the University of Idaho College of Law.
Posted at 08:55 AM by Howard Bashman



"New czar's goal: Find nations for detainees; The Obama administration created a diplomatic post in an effort to convince countries to accept Guantanamo detainees." Carol Rosenberg has this article today in The Miami Herald.
Posted at 08:50 AM by Howard Bashman


"How Obama Will Handle U.S. Attorney Posts Still Unclear": The Washington Post contains this article today.
Posted at 08:44 AM by Howard Bashman


Thursday, March 12, 2009

"Obama on Spot as Rulings Aid Gay Partners": This article will appear Friday in The New York Times.

I linked to the rulings in this post from last month.
Posted at 11:42 PM by Howard Bashman



Don't confuse a bottled salad dressing's "best when purchased by" date for an "exipration" date or "sell by" date, Seventh Circuit Judge Richard A. Posner chides federal prosecutors: Older federal appellate judges aren't necessarily bad, and neither is older salad dressing, especially when it's "shelf stable" and thus has no expiration date.

In any event, if you've ever disagreed with your spouse over whether a food's "best when purchased by" date is the equivalent of an "exipration" date or "sell by" date, Judge Posner seeks to provide the answer in this decision issued today.
Posted at 11:24 PM by Howard Bashman



"Justice Thomas Talks on Book, Life": This post appears today at "The BLT: The Blog of Legal Times."
Posted at 11:04 PM by Howard Bashman


Which came first, the taking or the egg? In today's ruling in Rose Acre Farms, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit writes that "We must again decide whether the trial court correctly held that the government's regulations, which restricted the sale of certain of Rose Acre's eggs during the approximately two-year period, constituted a taking for which just compensation is due."
Posted at 11:00 PM by Howard Bashman


"Appeals court reverses ruling that State Farm acted in bad faith": The Times-Picayune of New Orleans has a news update that begins, "A Port Sulfur couple whose home vanished in Hurricane Katrina won't be able to collect penalties, bad faith and attorneys fees from State Farm Fire & Casualty Co. after the 5th Circuit Court of Appeal overturned the finding that the state's largest insurer acted in bad faith in handling their claim."

And The Associated Press reports that "Court vacates part of Katrina insurance case award."

You can access yesterday's non-precedential, per curiam ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:52 PM by Howard Bashman



"Nacchio denied bond again": The Denver Post has this news update.

The Denver Business Journal reports that "Nacchio loses latest bid to stay out of prison."

And The Associated Press provides this report.
Posted at 06:44 PM by Howard Bashman



"Court upholds gun ban in airport": The Atlanta Journal-Constitution has a news update that begins, "A federal appeals court on Thursday ruled that licensed firearms owners may not carry guns into parts of Hartsfield-Jackson International Airport."

And The Associated Press reports that "Federal court upholds gun ban in Atlanta airport."

You can access today's non-precedential, per curiam ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 06:40 PM by Howard Bashman



"Regrets Only? Native Hawaiians Insist U.S. Apology Has a Price." Jess Bravin and Louise Radnofsky have this article today in The Wall Street Journal.
Posted at 06:24 PM by Howard Bashman


Greetings from New Orleans: Where it was warm and sunny this afternoon. I'm here because tomorrow afternoon I'll be a a speaker at a Loyola Law Review symposium titled "On the Brink: The Judiciary's Tug of War with Technology."

My wife and I spent the afternoon exploring the French Quarter. We had lunch at Central Grocery on Decatur Street, where I enjoyed the world-famous muffuletta sandwich.

Before even leaving Philadelphia, thanks to a luggage tag bearing my name, we bumped into a "How Appealing" fan immediately behind us in line at the Terminal B security screening checkpoint at Philadelphia International Airport.

Among the people with whom I'll be enjoying dinner tonight at Clancy's will be the author of the "Ernie the Attorney" blog, who has been blogging for even longer than I have.

Finally, I had the pleasure of seeing both the front and back of the Fifth Circuit's New Orleans headquarters during my taxi rides to and from the French Quarter this afternoon.
Posted at 06:10 PM by Howard Bashman



Wednesday, March 11, 2009

Programming note: On Thursday morning, I'll be traveling to New Orleans, where on Friday afternoon I'll be a speaker at this event.

My hotel will supposedly have internet access, so new posts could appear here as early as Thursday evening.
Posted at 11:30 PM by Howard Bashman



Available online from law.com: An article is headlined "No Warrant? No Problem, Rules 9th Circuit on Arrest Following Armed Standoff." My earlier coverage of today's en banc Ninth Circuit ruling appears here and here.

And in other news, "9th Circuit Considers Christian Student Group's Challenge to Law School's No-Bias Policy."
Posted at 11:25 PM by Howard Bashman



"Texas on pace to execute far more in 2009": This article appears today in The Fort Worth Star-Telegram.

And Thursday in The Seattle Times, former Washington State Supreme Court Justice Robert F. Utter will have an op-ed entitled "Washington state must abandon the death penalty."
Posted at 11:22 PM by Howard Bashman



Happy birthday to Justice Antonin Scalia: According to The AP's popular "Today in History" feature, today Justice Scalia celebrates his 73rd birthday.

And on April 14, 2009, Justice Scalia will visit the University of New Mexico School of Law for an event co-sponsored by the Federalist Society.
Posted at 11:12 PM by Howard Bashman



"Model Liskula Cohen, suing over 'skank' slur, breaks down in court during lawsuit against Google": The New York Daily News provides this update.

And at Slate's "The Big Money," Chris Thompson has an item headlined "Obscenities 'Fly During 'Skank" Hearing."
Posted at 11:10 PM by Howard Bashman



"Florida lawmaker files bills that would legalize gay adoptions": The Miami Herald has a news update that begins, "As gay rights advocates and religious groups queue up in an effort to influence the outcome of a Miami appeals court case that will help decide whether gay people can adopt children in Florida, a state lawmaker has quietly introduced two bills that could render the dispute moot."
Posted at 11:07 PM by Howard Bashman


"How long can executions be delayed? The Supreme Court denied the appeal of a Florida inmate on death row for 32 years." Warren Richey will have this article Thursday in The Christian Science Monitor.
Posted at 11:00 PM by Howard Bashman


"Federal appeals court rejects civil rights case against San Jose police": Howard Mintz of The San Jose Mercury News has this update.

And The San Francisco Chronicle has a news update headlined "Court sides with cops; no warrants in standoffs."

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 08:50 PM by Howard Bashman



"Leahy Vows to Name Names if Nominees Are Delayed": This post appears today at "The BLT: The Blog of Legal Times."
Posted at 06:05 PM by Howard Bashman


"Model to NY judge: Make Google ID blogger." The Associated Press has this report.
Posted at 04:48 PM by Howard Bashman


Eleven-judge en banc Ninth Circuit panel divides 6-5 over the lawfulness of a warrantless in-home arrest following a 12-hour armed stand-off: You can access today's en banc ruling at this link.

Circuit Judge Richard C. Tallman wrote the majority opinion, in which Circuit Judges Diarmuid F. O'Scannlain, Pamela Ann Rymer, Ronald M. Gould, Jay S. Bybee, and N. Randy Smith joined. Dissenting from the decision were Chief Judge Alex Kozinski and Circuit Judges Harry Pregerson, Stephen Reinhardt, Sidney R. Thomas, and Richard A. Paez.
Posted at 02:58 PM by Howard Bashman



Seventh Circuit Chief Judge Frank H. Easterbrook quotes Yoda: At page 3 of this interesting decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.

The quote from Yoda found in the opinion is "Size matters not," and the opinion involves an appeal from federal criminal convictions that arose from running a brothel.
Posted at 02:44 PM by Howard Bashman



Seventh Circuit upholds $8,000 fine imposed against U.S. citizen who traveled to Iraq in early 2003 to serve as a "human shield" against U.S. military action: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Earlier news coverage of the fine can be accessed via this link.
Posted at 02:35 PM by Howard Bashman



The Internal Revenue Service decided this successful CEO's salary was unreasonably high, but a three-judge Seventh Circuit panel disagrees: Circuit Judge Richard A. Posner issued this interesting ruling today on behalf of a unanimous panel.

In coverage of the ruling, The Milwaukee Journal Sentinel has a news update headlined "Menard wins big bucks tax case."
Posted at 02:25 PM by Howard Bashman



"Owners of extreme pornography company plead guilty": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

Jason Cato of The Pittsburgh Tribune-Review has a news update headlined "California porn producers plead guilty in Pittsburgh."

And Mark Kernes of Adult Video News reports that "Extreme Defendants Plead Guilty; Rob Black, Lizzy Borden Could Each Get Up To Five Years In Prison, $250,000 In Fines" (advertisements accompanying this article may not be work safe).
Posted at 02:09 PM by Howard Bashman



The U.S. Court of Appeals for the Federal Circuit takes notice that Seventh Circuit Judge Richard A. Posner isn't a U.S. District Judge: The Federal Circuit yesterday issued this errata correcting a non-precedential ruling issued March 6, 2009.

My earlier post on this matter can be accessed here.
Posted at 02:01 PM by Howard Bashman



"Jinsoo Kim begins his opening brief by stating, 'Blood may be thicker than water, but here it's far weightier than a peppercorn.'" So begins an unpublished ruling that the California Court of Appeals for the Fourth Appellate District, Division Three, issued yesterday.

In news coverage of the ruling, The Associated Press reports that "Calif. court upholds rejection of blood contract."

My earlier coverage of this case appeared in a post from May 30, 2006 titled "You and your bloody contract."
Posted at 11:45 AM by Howard Bashman



"Sex Column causes controversy; First Amendment issues raised": Today's issue of The Montana Kaimin -- the student newspaper of the University of Montana at Missoula -- contains an article that begins, "A University of Montana law professor who opposes the content of the Kaimin's weekly sex column could eventually take the issue to the state legislature unless the newspaper establishes written policies for hiring columnists and reviewing content."

A recent installment of the column can be accessed here. And the law professor's online bio can be accessed here. (Via "Romenesko").
Posted at 10:20 AM by Howard Bashman



"Gov. Crist to fill Supreme Court post": The Miami Herald today contains an article that begins, "Gov. Charlie Crist will fill the last of four open seats on the Florida Supreme Court at a morning news conference Wednesday, while the debate in the Legislature turns to open records, property taxes and dismantling growth management laws."

According to the article, Florida's Governor is expected to select Judge James E.C. Perry of that State's Eighteenth Judicial Circuit. Earlier this month, The St. Petersburg Times profiled Judge Perry in an article headlined "Driven to succeed by father's failings, Circuit Judge James Perry later begins to see a different man."
Posted at 08:55 AM by Howard Bashman



"Accused 9/11 Suspects Declare Themselves 'Terrorists to the Bone'": Jess Bravin has this article today in The Wall Street Journal.

You can access the pro se filing titled "The Islamic Response to the Government's Nine Accusations" by clicking here.
Posted at 08:50 AM by Howard Bashman



"Narrowing the Voting Rights Act": Today's edition of The New York Times contains an editorial that begins, "The Supreme Court narrowed the scope of the Voting Rights Act this week when it ruled that it does not require states to create so-called crossover districts."
Posted at 08:47 AM by Howard Bashman


"How the California Supreme Court's Proposition 8 Ruling Can Vindicate Both Equality and Religious Freedom": Douglas W. Kmiec has this essay -- the second in a two-part series -- online at FindLaw.
Posted at 08:32 AM by Howard Bashman


"Contentious curfew: The Supreme Judicial Court will rule whether Lowell's late-night restriction violates the rights of those under 17, and other communities with bans will be watching closely." This article appears today in The Boston Globe.
Posted at 08:25 AM by Howard Bashman


"Ex-appeals judge gets prison term": Jason Cato has this article today in The Pittsburgh Tribune-Review.

The Erie Times-News reports today that "Fraud sends Joyce to prison; Former state judge maintains innocence."

And Paula Reed Ward of The Pittsburgh Post-Gazette reports that "Ex-judge gets jail for insurance fraud."
Posted at 08:17 AM by Howard Bashman



Tuesday, March 10, 2009

"Justice stands to gain from ruling; Sanders should have recused himself from case, ethics experts say": The Seattle Post-Intelligencer today contains an article that begins, "Justice Richard Sanders, who sued the state to get documents about himself, could be awarded much more money because of a ruling he wrote recently for the state Supreme Court. Sanders' lawyers say new legal guidelines -- ones the justice himself created -- mean he should get far more than the $18,112 he was already awarded in his lawsuit. They contend the state should have to pay him something closer to $614,670. Legal-ethics experts say Sanders probably should not have participated in the high court case because of its similarity to his own."

The newspaper also contains an editorial entitled "Judicial conduct: On the edge."

And The Associated Press reports that "Supreme Court justice may benefit from own ruling."
Posted at 11:27 PM by Howard Bashman



"Obama's Court Nominees Are Focus of Speculation": In Wednesday's edition of The New York Times, Neil A. Lewis will have an article that begins, "President Obama will soon begin naming a small stream of nominees to the federal appeals courts, administration officials said, a step that will provide the first signs of how much he intends to impose any ideological stamp on the nation's judiciary."
Posted at 11:20 PM by Howard Bashman


"NFL Settles 'Voice of God' Case": Shannon P. Duffy of The Legal Intelligencer has this report.
Posted at 11:15 PM by Howard Bashman


"Appeals court panel denies Nacchio bond": The Denver Post provides this news update.

The Denver Business Journal reports that "Appeals judges deny Nacchio's motion to stay out of prison."

The Associated Press reports that "Ex-Qwest CEO cites health in latest court document."

And Reuters reports that "Ex-Qwest CEO Nacchio asks again for jail term delay."

You can access today's order of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:09 PM by Howard Bashman



"University Club 'Public Service' Discount for Justices Causing a Stir": At the ABA Journal's "Law News Now" blog, Terry Carter has a lengthy post that begins, "The University Club of Washington, D.C believes it has found a way to bring back Supreme Court justices and federal judges who had to give up their free memberships because of a new law prohibiting 'an honorary club membership with a value of more than $50 in any calendar year.' The club recently replaced the 'Honorary Membership' with a new and deeply discounted 'Public Service Membership' category. It is only for justices and judges who previously had the free memberships. Typically, members over age 35 pay $3,400 annually ($185 monthly dues and $100 monthly minimum food and beverage purchase) and that is on top of a $5,000 initiation fee. The justices and judges now pay $588 a year. Their savings in comparison to other members: $2,812. Some believe that looks like a gift valued at more than $50."
Posted at 05:27 PM by Howard Bashman


"Justice Scalia at Pepperdine": Benjamin Shatz has this interesting post at "en Banc," the blog of the Los Angeles County Bar Association.

And the Pepperdine University School of Law has a news release about yesterday's event titled "Justice Scalia Addresses Pepperdine Community."
Posted at 05:15 PM by Howard Bashman



"Defense to appeal Joyce's 46-month prison sentence": The Erie (Pa.) Times-News has an update that begins, "A federal judge this afternoon ordered former state Superior Court Judge Michael T. Joyce to serve three years and 10 months in prison for defrauding two insurance companies of $440,000 in 2002. The defense, which wanted probation, said it will appeal."

Jason Cato of The Pittsburgh Tribune-Review has a news update headlined "Erie judged sentenced to prison in fraud scheme."

And The Associated Press reports that "Retired Pa. judge gets 46 months in jail for fraud."
Posted at 04:05 PM by Howard Bashman



National Public Radio examines the use of solitary confinement in prison: This past Sunday's broadcast of "All Things Considered" contained audio segments entitled "Ex-Prisoner Sues California Over Years In Solitary" and "Is The Use Of Maximum Security Prisons Abused?"

And yesterday's broadcast of "Day to Day" contained an audio segment entitled "Solitary Confinement: Cruel and Inhuman."

RealPlayer is required to launch these audio segments.
Posted at 03:08 PM by Howard Bashman



When the plaintiff and the defendant in a civil suit file cross-motions for summary judgment, and a federal district court grants the defendant's motion and denies the plaintiff's, what happens if the plaintiff appeals only from the denial of her summary judgment motion? In a ruling issued today, the U.S. Court of Appeals for the Ninth Circuit holds that the notice of appeal should be construed to include a challenge to the district court's decision granting the defendant's motion for summary judgment.
Posted at 03:00 PM by Howard Bashman


"Ninth Circuit to Hold Special Sitting in New Coeur d'Alene Courthouse": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.

You can learn more about the new federal courthouse in Coeur d'Alene, Idaho here, here, and here.
Posted at 02:50 PM by Howard Bashman



The U.S. Court of Appeals for the Federal Circuit examines the federal government's obligations to the loyal Mdewakanton band of the Sioux tribe: You can access today's lengthy ruling at this link.

The case reaches the Federal Circuit from the U.S. Court of Federal Claims, whose rulings on the matter can be accessed here and here.

In late October 2004, Minnesota Public Radio had a report headlined "'Loyal Mdewakantons' win land dispute" about the first of those two rulings.
Posted at 02:30 PM by Howard Bashman



"Justice Souter's Habit of Mind": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

C-SPAN videotaped yesterday afternoon's panel presentation on "The Humanities in a Civil Society" at which Justice David H. Souter was a participant, and you can view it online, on-demand by clicking here.
Posted at 12:28 PM by Howard Bashman



"Alleged sleeper agent appears in US criminal court": The Associated Press has a report that begins, "Alleged al-Qaida sleeper agent Ali al-Marri appeared in a U.S. court Tuesday to face terror charges for the first time after being held for more than five years as an enemy combatant."

And today's edition of The Charleston (S.C.) Post and Courier reports that "Al-Marri to go before judge; have first chance to enter plea."
Posted at 11:05 AM by Howard Bashman



"Detainees Say They Planned Sept. 11": This article appears today in The New York Times.
Posted at 10:23 AM by Howard Bashman


"A Key Legal Right at Risk": Today in The Washington Post, former Vice President Walter F. Mondale has an op-ed that begins, "More than 45 years ago, as attorney general of Minnesota, I joined with the attorneys general of 21 states in asking the Supreme Court to ensure that counsel would be appointed for all people facing criminal charges who could not afford it. The court answered our plea. Yet today, its historic decision in Gideon v. Wainwright is at risk."
Posted at 10:20 AM by Howard Bashman


"Obama Looks to Limit Impact of Tactic Bush Used to Sidestep New Laws": Charlie Savage has this article today in The New York Times.

The Washington Post reports today that "Obama Pledges to Limit Use of Signing Statements; Bush Drew Controversy by Frequently Attaching Addendums Taking Exception to New Laws."

The Los Angeles Times reports that "Obama orders review of Bush's signing statements; Officials must consult the Justice Department before enforcing them; Obama also says he will limit his own use of such statements."

USA Today contains an article headlined "Obama curbs use of signing statements; Memo: To raise constitutional issues only."

Bloomberg News reports that "Obama Orders Reviews of Past Presidential Signing Statements."

And at Politico.com, Josh Gerstein has a report headlined "Obama: Ignore signing statements."
Posted at 10:15 AM by Howard Bashman



"Justices Rule on Legal Effects of Slow-Moving Cases": Adam Liptak has this article today in The New York Times.
Posted at 10:07 AM by Howard Bashman


"NFL exempt from terrorism lawsuits; Post-9/11 law aims to foster better security": This article appears today in USA Today.
Posted at 10:05 AM by Howard Bashman


"Supreme Court limits the reach of Voting Rights Act; The justices rule in a North Carolina case that there is no duty to draw voting districts that would elect black candidates in areas where blacks are less than a majority": David G. Savage has this article today in The Los Angeles Times.

Jess Braven of The Wall Street Journal reports today that "Ruling Limits Scope of Voting Act; Supreme Court Decision Could Make It Harder for Some Minority Candidates to Win."

Warren Richey of The Christian Science Monitor reports that "US Supreme Court holds to narrow interpretation of the Voting Rights Act; Critics say the ruling on 'crossover' districts could reduce the political clout of minorities."

The Washington Times reports that "Justices limit reach of voting act."

And The News & Observer of Raleigh, North Carolina reports that "Justices' ruling could hinder black candidates."
Posted at 10:03 AM by Howard Bashman



"Field Poll shows voters evenly divided on gay marriage": Today's edition of The Sacramento Bee contains an article that begins, "Four months after the passage of Proposition 8, a new opinion poll released today shows California voters almost evenly divided over same-sex marriage but significantly more accepting of it than just three years ago."
Posted at 09:57 AM by Howard Bashman


"U.S. high court to hear suit over fees; The justices' decision could make it easier for fund investors to challenge the levies": This article appears today in The Los Angeles Times.
Posted at 09:55 AM by Howard Bashman


"Internet Free-for-All Promises An Ongoing Test of Free Speech": Columnist Marc Fisher has this essay today in The Washington Post.
Posted at 09:54 AM by Howard Bashman


"Another sign of tough times: legal aid for the middle class; Among the resources available to the newly cash-strapped are online services, self-help centers and lawyers who offer group rates." Carol J. Williams has this article today in The Los Angeles Times.
Posted at 09:52 AM by Howard Bashman


"Lawyer cowboys up for Wyoming roughnecks; The oil field is a dangerous workplace, particularly in this Western state, where courts have made it harder to hold companies liable for negligence; A small-town mayor is working to change that": The Los Angeles Times contains this article today.
Posted at 09:50 AM by Howard Bashman


"Antonin Scalia revels in the lighter side of the law; The Supreme Court justice tells a Los Angeles audience what drew him to the profession (a comfy lifestyle) and gives lawyers some advice (keep it short)": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 09:48 AM by Howard Bashman


"Upholding of Plea Deal Questioned by Judge": Today in The Washington Post, Jerry Markon has an article that begins, "A federal judge questioned yesterday whether the Justice Department lived up to its plea agreement with a former Florida professor convicted on a terror charge and gave his attorneys another chance to argue for dismissal of new charges that he refused to cooperate with law enforcement officials."
Posted at 09:44 AM by Howard Bashman


"Justices Decline New York Gun Suit": This article appears today in The New York Times.
Posted at 09:38 AM by Howard Bashman


"Court negates deal by MOVE father for payout": The Philadelphia Inquirer today contains an article that begins, "A federal appeals court has upheld a ruling to reverse an agreement made by the father of Birdie Africa -- the only child to survive the 1985 MOVE bombing -- to get a lump sum of money on a settlement he reached with the city in 1991."

And The Associated Press reports that "Court scolds firm paying advances on settlements."

You can access last Tuesday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 08:25 AM by Howard Bashman



"Anna Nicole Smith's estate seeks high court help": The Associated Press provides this report.
Posted at 08:22 AM by Howard Bashman


Available online from law.com: Tony Mauro reports that "Justice Stevens Holds On to Key Role at High Court."

And in other news, "San Francisco Health Care Law Survives 9th Circuit but May Face High Court." My earlier coverage of yesterday's Ninth Circuit order denying rehearing en banc can be accessed here.
Posted at 07:59 AM by Howard Bashman



Monday, March 9, 2009

"Justices, 5-4, Set Limit on Sweep of Voting Law": Adam Liptak will have this article Tuesday in The New York Times.

And in Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court Restricts Voting Rights Act's Scope; N.C. Redistricting Plan Favoring Minority Group Is Tossed."
Posted at 11:22 PM by Howard Bashman



"Lawyers in Wone Case Call Indictment Vague": "The BLT: The Blog of Legal Times" this evening has a post that begins, "Lawyers for three men accused of crimes related to the 2006 murder of lawyer Robert Wone are demanding more information about a three-count indictment that the attorneys say is vague and factually deficient."
Posted at 10:44 PM by Howard Bashman


"Supreme Court denies execution stay for Cal Brown": The Seattle Times provides this news update.
Posted at 10:22 PM by Howard Bashman


"The California Supreme Court Hearing on the Validity of Proposition 8, the Initiative Banning Gay Marriage: How the Case Implicates the Very Purpose of a Constitution, the Rule of Law, and Human Liberty Itself." Douglas W. Kmiec has this essay online at FindLaw.
Posted at 10:17 PM by Howard Bashman


"Judges weigh whether Utah crosses are secular": The Associated Press has a report that begins, "A federal appeals court in Denver is weighing a lawsuit over Utah's use of crosses for roadside memorials honoring fallen highway patrol troopers, with some judges questioning Utah's declaration that the crosses are nonreligious, secular symbols of death."
Posted at 08:50 PM by Howard Bashman


"Court: Killer's crime more cruel than punishment." Bill Mears of CNN.com has a report that begins, "Two Supreme Court justices on opposite sides of the ideological aisle exchanged tough words Monday over the fate of a Florida murderer who has been on death row for 32 years."

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court Rejects Death Penalty Case" (RealPlayer required) featuring Nina Totenberg.

Today's order of the U.S. Supreme Court denying certiorari and the statement of Justice John Paul Stevens respecting the denial of the petition for writ of certiorari can be accessed here. Justice Clarence Thomas issued this concurrence in the denial of certiorari. And Justice Stephen G. Breyer issued this dissent from the denial of certiorari.
Posted at 08:24 PM by Howard Bashman



"Punish Judge Kent: Rogue jurist should be impeached." This editorial appears today in The Houston Chronicle.
Posted at 07:22 PM by Howard Bashman


"Do the Supreme Court's Current Justices Hold Sincere Views About States' Rights? A Failure-to-Warn Case Reveals an Apparent Inconsistency." Michael C. Dorf has this essay online at FindLaw.
Posted at 07:18 PM by Howard Bashman


"Supreme Court limits reach of Voting Rights Act; The justices, in a 5-4 ruling in a North Carolina case, say 'cross-over' voting districts do not have to be drawn in order to give black candidates a realistic chance of winning": David G. Savage of The Los Angeles Times has this news update.

And at "SCOTUSblog," Lyle Denniston has a post titled "Settling an issue of race and politics."
Posted at 05:07 PM by Howard Bashman



Books received in today's mail: "Frankfurter Dilemma: A Novel," by Ruth Kelly. The author is the wife of Tenth Circuit Judge Paul J. Kelly, who kindly served as the July 2004 interviewee in this blog's former "20 questions for the appellate judge" feature. Peter Krumholz of the "Rocky Mountain Appellate Blog" recently gave the book a very favorable review.

And today's mail also contained a copy of "Law School 2.0: Legal Education for a Digital Age," by David I.C. Thomson.
Posted at 02:18 PM by Howard Bashman



"A Primer on the Jurisdiction of the U.S. Courts of Appeals, Second Edition": Law professor Thomas E. Baker is the author of this 120-page primer (free download), published by the Federal Judicial Center.
Posted at 02:04 PM by Howard Bashman


"Initial Thoughts on Bartlett v. Strickland: Narrowing the Voting Rights Act to Save It?" Law professor Rick Hasen has this post at his "Election Law Blog."
Posted at 02:00 PM by Howard Bashman


In additional coverage of today's U.S. Supreme Court rulings and Order List: The Associated Press has reports headlined "Court to look at mutual fund fees"; "Court rules for consumer in dispute with Discover"; and "Court turns down appeal from Infospace founder."

James Vicini of Reuters reports that "Supreme Court rejects expanded voting rights protections"; "U.S. top court to decide case on mutual fund fees"; and "Supreme Court says defendant can't blame lawyer for delays."

And Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Limits Federal Voting Rights Act" and "New York, Shooting Victims Rebuffed by Court on Gunmaker Suits."
Posted at 01:57 PM by Howard Bashman



"Don't Rely on Bush's Signing Statements, Obama Orders": Charlie Savage of The New York Times has a news update that begins, "Calling into question the legitimacy of all the signing statements that former President George W. Bush used to challenge new laws, President Obama on Monday ordered executive officials to consult with Attorney General Eric H. Holder Jr. before relying on any of them to bypass a statute."
Posted at 01:48 PM by Howard Bashman


Over the dissent of eight judges, the U.S. Court of Appeals for the Ninth Circuit denies rehearing en banc of decision allowing San Francisco to require employers to pay part of the cost of providing health care to uninsured residents: You can access today's order denying rehearing en banc, and opinions concurring in and dissenting from that order, at this link.

A unanimous three-judge Ninth Circuit panel issued its ruling in the case on September 30, 2008. My earlier coverage of that ruling appears at this link.
Posted at 01:42 PM by Howard Bashman



In celebration of New York City's subway system: At the outset of this ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:58 AM by Howard Bashman


Access today's U.S. Supreme Court opinions in argued cases: The Court today issued four decisions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Kansas v. Colorado, No. 105, Orig. Chief Justice John G. Roberts, Jr. also filed a concurring opinion, in which Justice David H. Souter joined. You can access the decision at this link and the oral argument transcript at this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Vaden v. Discover Bank, No. 07-773. Justices Antonin Scalia, Anthony M. Kennedy, Souter, and Clarence Thomas joined in the Court's ruling. Chief Justice Roberts filed an opinion concurring in part and dissenting in part, in which Justices John Paul Stevens, Stephen G. Breyer, and Alito joined. You can access the decision at this link and the oral argument transcript at this link.

3. Justice Ginsburg also delivered the opinion of the Court in Vermont v. Brillon, No. 08-88. The Chief Justice and Justices Scalia, Kennedy, Souter, Thomas, and Alito joined in the Court's ruling. Justice Breyer filed a dissenting opinion, in which Justice Stevens joined. You can access the decision at this link and the oral argument transcript at this link.

4. And Justice Kennedy announced the judgment of the Court in Bartlett v. Strickland, No. 07-689, and delivered an opinion in which the Chief Justice and Justice Alito joined. Justice Thomas filed an opinion concurring in the judgment, in which Justice Scalia joined. Justice Souter filed a dissenting opinion, in which Justices Stevens, Ginsburg, and Breyer joined. In addition, Justices Ginsburg and Breyer also each filed a dissenting opinion. You can access the decision at this link and the oral argument transcript at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "Court rules against minority districts."

In early news coverage, The Associated Press reports that "Court refuses to expand minority voting rights"; "Court rules for prosecutors in speedy trial case"; and "Court sides with Colorado in fee dispute."
Posted at 10:15 AM by Howard Bashman



"Court to rule on investment adviser fees": Lyle Denniston has this post at "SCOTUSblog."

You can access today's Order List of the U.S. Supreme Court at this link.

And in early news coverage, The Associated Press reports that "Court turns down NYC case against gun industry"; "Court refuses to get involved in tobacco fight"; "Court refuses to hear Texas A&M bonfire case"; and "Court refuses to reconsider state ballot rules."
Posted at 10:10 AM by Howard Bashman



Mary J. Blige, on appeal: Today, the U.S. Court of Appeals for the Sixth Circuit has issued a decision on whether Blige's song "Family Affair" infringes the copyright of aspiring rap artist Tim Acker's song ""Party Ain't Crunk."
Posted at 10:08 AM by Howard Bashman


"Bringing Newly Issued Rulings to an Appellate Court's Attention": That's the title of this month's installment of my "Upon Further Review" column, which appears today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 09:58 AM by Howard Bashman


"Court vacates Shell Alaska drilling decision; Confusion: Both sides left wondering whether oil company can drill or not." The Associated Press has a report that begins, "A federal appeals court has vacated an opinion issued last year that halted Shell Oil Co. drilling plans for the Beaufort Sea off Alaska's northern coast, leaving both sides in the case wondering what the action means."

You can view Friday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:35 AM by Howard Bashman



"Under Obama, no mass firings of U.S. attorneys; Well-regarded Rosenstein could stay in Maryland": This article appears today in The Baltimore Sun.
Posted at 08:25 AM by Howard Bashman


"A change of venue for Jersey justices: Rutgers Law School." The Newark (N.J.) Star-Ledger today contains an article that begins, "Anchored for decades in their chambers in Trenton, New Jersey's Supreme Court justices will take their show on the road today. The seven justices' journey to Camden, where they will hear cases at Rutgers-Camden Law School, will set a precedent for the state's highest court."
Posted at 08:17 AM by Howard Bashman


This Virginia high school's "Mock High Court" included a Scalia among the Justices: Details appear in this article published today in The Washington Post.
Posted at 08:14 AM by Howard Bashman


"Wash. prepares for first execution since 2001": The Associated Press has this report from Walla Walla.
Posted at 08:05 AM by Howard Bashman


"Who's Filibustering Now? President Obama should not let the Republicans interfere with how he chooses federal court judges." This editorial appears today in The New York Times.
Posted at 08:00 AM by Howard Bashman


"The Supreme Court and the Tyranny of Lawyers: Last week's drug ruling will cost lives." Columnist L. Gordon Crovitz has this op-ed today in The Wall Street Journal.

Today's edition of The Philadelphia Daily News contains an editorial entitled "FDA needs poison pill."

In The Austin American-Statesman, law professor Thomas O. McGarity has an op-ed entitled "Wyeth v. Levine is a rare win for consumers."

And in The Washington Times, Jim Copland and Paul Howard have an op-ed entitled "A 'cure' worse than gangrene; Supreme Court's gift to trial lawyers hurts us all."
Posted at 07:54 AM by Howard Bashman



"California Marijuana Dispensaries Cheer U.S. Shift on Raids": This article appears today in The Wall Street Journal.

The Philadelphia Inquirer reports today that "Backers of medical marijuana hopeful in N.J."

And The Los Angeles Times contains an editorial entitled "A plan for pot: The federal switch on raiding medical marijuana dispensaries is a good first step, but a more comprehensive policy is needed."
Posted at 07:48 AM by Howard Bashman



In the current issue of The Harvard Law Record: The publication contains articles headlined "D.C. Circuit Judge defends Bork legacy";

"Linda Greenhouse knows what judges know; Former NY Times reporter addresses Women's Law Conference"; and

"JAG describes Mohammed Jawad's Gitmo saga."
Posted at 07:45 AM by Howard Bashman



Sunday, March 8, 2009

"Judicial Recusals & Free Speech Cases": Yesterday's broadcast of C-SPAN's "America & the Courts" program is described on that network's web site as follows:
Attorneys who argued in the case Caperton v. A.T. Massey Coal Company spoke with reporters on the oral arguments given before the Supreme Court. Also, oral arguments in the 9th Circuit Court of Appeals case, Nurre v. Whitehead. The case involves First Amendment right to free speech for students.
You can view the broadcast online, on-demand by clicking here.
Posted at 11:08 PM by Howard Bashman


"Ky. Religious Funding Suit Heads To Appeals Court": The Associated Press has a report that begins, "Attorneys in a case involving a Kentucky Baptist children's program will appear before a federal appeals court this week to argue about the role of government funding for faith-based institutions."

The case will be argued on Wednesday before the U.S. Court of Appeals for the Sixth Circuit.
Posted at 10:48 PM by Howard Bashman



"Web Directory Of Attorneys Upsets D.C. Bar": This article will appear Monday in The Washington Post.
Posted at 10:42 PM by Howard Bashman


"Terror-War Fallout Lingers Over Bush Lawyers": Charlie Savage and Scott Shane will have this article Monday in The New York Times.
Posted at 10:40 PM by Howard Bashman


"Are crosses religious symbols? Court to hear case." The Associated Press has a report that begins, "A Denver federal appellate court will hear arguments Monday on the religiousness of 12-foot-high crosses used to honor deceased Utah troopers along state highways. A federal judge in Salt Lake City in 2007 ruled that the crosses are not an illegal public endorsement of religion and are used to communicate a secular message -- that a patrolman died or was mortally wounded at a particular location."

The case will be argued tomorrow before the U.S. Court of Appeals for the Tenth Circuit.

You can access the trial court's ruling at this link.
Posted at 10:33 PM by Howard Bashman



"State high court needs conflict of interest rules; Causes for stepping aside should be clearly defined": Friday's edition of The Detroit News contained an editorial that begins, "The Michigan Supreme Court Thursday began the process of creating formal rules for when justices should step aside from hearing cases. The court needs to clearly define the kinds of conflicts that should cause jurists to remove themselves."
Posted at 10:28 PM by Howard Bashman


"In balancing the budget, first things first": Today in The St. Paul Pioneer Press, Chief Justice Eric J. Magnuson of the Supreme Court of Minnesota has an op-ed that begins, "As the governor and legislative leaders struggle to address the state's projected deficit, they will have to set priorities and make difficult choices. One choice they should not make is to further diminish an already underfunded justice system with additional budget cuts."
Posted at 10:22 PM by Howard Bashman


"Minn. Senate race leaves voters tired of law drama": The Associated Press has this report.
Posted at 10:18 PM by Howard Bashman


"Court nomination fights -- enough! It's time to take the politics out of seating judges on federal courts." Dahlia Lithwick has this op-ed today in The Los Angeles Times.
Posted at 09:34 AM by Howard Bashman


Saturday, March 7, 2009

Editorials published today in The Los Angeles Times: The newspaper contains editorials entitled "Supreme Court is religiously inconsistent: The court ruled correctly in the Summum case, but the controversy could have been avoided if the court had made its stand clear on religious displays"

and

"Giving DNA the OK: The Supreme Court must rule that access to DNA information is a constitutional right; Otherwise, states would be free to withhold evidence that could free a wrongly convicted person."
Posted at 11:00 PM by Howard Bashman



"Existing gay marriages now on a great divide; With the California Supreme Court likely to uphold Proposition 8 but still recognize those already married, the couples are feeling both elated and isolated": Maura Dolan and Jessica Garrison have this article today in The Los Angeles Times.

The newspaper also contains an op-ed by Robin Rauzi entitled "I'll be a marriage outlaw: It's OK if the state Supreme Court wants to uphold Prop. 8 -- I'll still be married."
Posted at 10:58 PM by Howard Bashman



"TARP Heels: Can conservatives overturn the bailout in court?" Law professor Jeffrey Rosen will have this article in the March 18, 2009 of The New Republic.
Posted at 10:54 PM by Howard Bashman


"A Reckoning at Bagram: Mr. Obama must give those held at the Afghan air base a way to challenge their detentions." Today's edition of The Washington Post contains this editorial.
Posted at 10:48 PM by Howard Bashman


"Federal Courts in Va., N.Y. May Take Some Guantanamo Cases": This article appears today in The Washington Post.
Posted at 10:42 PM by Howard Bashman


"Clarence Thomas, Supreme Court liberal? In a decision last week against the drug company Wyeth, it was the court's most conservative justice who dealt a blow to Bush administration legal policy." David G. Savage will have this article Sunday in The Los Angeles Times.

Sunday in The Washington Post, Robert Barnes will have an article headlined "Court Defies Pro-Business Label; Decisions Reveal More Nuanced Portrait."

Today's edition of The St. Petersburg Times contains an editorial entitled "The public wins one."

And yesterday's edition of The Burlington (Vt.) Free Press contained an editorial entitled "Drug-case ruling improves protection."
Posted at 10:32 PM by Howard Bashman



Judge DuBose sentences former Judge DuBose to prison: The Mobile Press-Register reports today that "DuBose gets 18 months for firearms violations."

The jurist who imposed the sentence is U.S. District Judge Kristi DuBose of the Southern District of Alabama. If I have my facts right, she is the first person from my law school class at Emory to be confirmed to the federal bench.
Posted at 09:37 PM by Howard Bashman



"Mixed Opinions of a Judge Accused of Misconduct": The New York Times on Sunday will contain an article that begins, "If Sharon Keller, the presiding judge of Texas' highest criminal court, has ever doubted her judgment, she has not shown it. In 1998, Judge Keller wrote the opinion rejecting a new trial for Roy Criner, a mentally retarded man convicted of rape and murder, even though DNA tests after his trial showed that it was not his semen in the victim."
Posted at 09:30 PM by Howard Bashman


"11th Circuit Court of Appeals upholds most of the counts that convicted former Alabama governor Don Siegelman and HealthSouth founder Richard Scrushy; Court tosses 2 Siegelman counts": This article appears today in The Birmingham News.

You can access yesterday's ruling at this link.
Posted at 02:25 PM by Howard Bashman



"Federal Circuit Bars Patent for Business 'Paradigm'; Attorney Scott Harris, who was pushed out of Fish & Richardson over a patent matter, said he might appeal to the Supreme Court": law.com has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued yesterday.

Update: Link to ruling corrected. I had originally, and erroneously, linked instead to this order granting rehearing en banc issued yesterday. The order is the subject of this post today at "Patently-O."
Posted at 02:20 PM by Howard Bashman



"Judge Weighs Dismissing Case Involving Torture Memorandums": Today in The New York Times, John Schwartz has an article that begins, "Lawyers for the Obama administration struggled on Friday to persuade a federal judge here to throw out an unusual civil lawsuit against John C. Yoo, the former government lawyer whose memorandums on torture were used by the Bush administration to justify sweeping policies on detention and interrogation."

Bloomberg News reports that "Obama Administration Defends Yoo, Torture Memo Author."

At Politico.com, Josh Gerstein reports that "Obama Justice Dept. will defend Yoo."

And law.com reports that "Judge Presses Government on Torture Memo Liability; Now a law professor, Yoo faces a complaint brought by Jose Padilla, which claims that Yoo's DOJ memos directly led to his torturous treatment."
Posted at 02:17 PM by Howard Bashman



Friday, March 6, 2009

"Obama lawyers argue to drop Yoo torture suit": Bob Egelko of The San Francisco Chronicle has a news update that begins, "President Obama's Justice Department defended former Bush administration lawyer John Yoo in a San Francisco federal court Friday, arguing that a prisoner formerly held as an enemy combatant had no right to sue Yoo for writing legal memos that allegedly led to his detention and torture."
Posted at 11:30 PM by Howard Bashman


"Justices Limit Authority of President on Detainees": Adam Liptak will have this article Saturday in The New York Times.

And in Saturday's edition of The Washington Post, Robert Barnes and Carrie Johnson will have an article headlined "Court Puts Off Decision On Indefinite Detention; Justices: Indictment Made Issue Moot."
Posted at 11:28 PM by Howard Bashman



"Court Upholds Most Charges Against Ex-Governor": This article will appear Saturday in The New York Times.

My earlier coverage of today's Eleventh Circuit ruling appears at this link.
Posted at 11:24 PM by Howard Bashman



"Ban on medical pot cases quickly lifted; L.A.'s U.S. attorney declines to say why he ordered prosecutors to stop filing charges, then abruptly changed his mind": Scott Glover will have this article Saturday in The Los Angeles Times.
Posted at 11:23 PM by Howard Bashman


Joseph P. Nacchio previews his forthcoming petition for writ of certiorari in an application for bail filed yesterday in the U.S. Court of Appeals for the Tenth Circuit: The Tenth Circuit has posted the application for release at this link.

In news coverage, Reuters reports that "Nacchio requests bail pending Supreme Court review."

The Denver Business Journal reports that "Nacchio asks for new trial, plans U.S. Supreme Court appeal."

And The Pottsville (Pa.) Republican and Herald reports today that "Ex-Qwest executive to serve sentence in Minersville."
Posted at 11:04 PM by Howard Bashman



"Court nixes lawsuit against Florida judge rules": The Associated Press has a report that begins, "A federal appeals court has decided against a Florida group seeking to nullify a rule that prevented many judicial candidates from answering survey questions on issues such as abortion, school vouchers and gay marriage."

Circuit Judge Ed Carnes wrote today's ruling for a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.

At pages 16 through 19 of the slip opinion, the court discusses whether a judge or judicial candidate who, as a result of answering the organization's questionnaire, would likely be forced to disqualify or recuse himself from deciding certain hot button issues has suffered injury for purposes of standing to sue.
Posted at 10:40 PM by Howard Bashman



"Palin pick to be Alaska's 2nd female on high court": The Associated Press has a report that begins, "Alaska Gov. Sarah Palin has appointed a state judge who once served on the board of Planned Parenthood to the state Supreme Court, against the urgings of a conservative group who claimed the pick would put 'another activist' on the court."
Posted at 10:18 PM by Howard Bashman


"Obama, Bush Secret-Keeper: What's the president's rationale for keeping so many legal skeletons in the closet?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:12 PM by Howard Bashman


In coverage of today's rulings of note from the U.S. Court of Appeals for the D.C. Circuit: At "SCOTUSblog," Lyle Denniston has a post titled "New lift for detainee challenges." You can access the ruling at this link.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has posts titled "Court: D.C. Firefighters, Paramedics Can Keep Whiskers" (ruling here) and "Jeff Taylor: O for 1 in the D.C. Circuit" (ruling here).
Posted at 09:00 PM by Howard Bashman



"3L Makes 'Superb' First Impression in the D.C. Circuit": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 08:55 PM by Howard Bashman


"Journalists warily eye Massachusetts libel ruling": The Associated Press has this report.
Posted at 08:54 PM by Howard Bashman


"State high court denies Franken bid for election certificate; The Democrat had sought to be seated in the U.S. Senate provisionally while Republican Norm Coleman's lawsuit plays out; Meanwhile, Franken also is pressing to have that suit dismissed": The Minneapolis Star Tribune has this news update.

And The Associated Press reports that "Court rejects Franken's bid to be seated in Senate."

You can access today's ruling of the Supreme Court of Minnesota at this link.
Posted at 05:33 PM by Howard Bashman



"Thoughts of Storm Troopers Filling Spy Case": This afternoon at Wired.com's "Threat Level" blog, David Kravets has a post that begins, "Legal scholars, the blogopshere and the twitterati have been scratching their heads for a week following the Obama administration's assertion that it might 'withdraw' classified documents at the center of a closely watched spy case."
Posted at 05:15 PM by Howard Bashman


"Layoffs at the Volokh Conspiracy": Orin Kerr has this post.

Meanwhile, readers of "How Appealing" may have noted that having too much billable work for appellate clients resulted in no new posts appearing at this blog between 2:50 p.m. on Wednesday, March 4, 2009 and 11:20 a.m. on Thursday, March 5, 2009. For the record, slightly more than three hours of sleep were also enjoyed during that period.
Posted at 05:12 PM by Howard Bashman



"Court upholds most charges against ex-Ala. gov": The Associated Press has a report that begins, "A federal appeals court on Friday upheld most of the bribery and corruption charges against former Alabama Gov. Don Siegelman and all of the charges against former HealthSouth CEO Richard Scrushy."

And The Birmingham News has an update headlined "Lawyer: Former Alabama Gov. Don Siegelman disappointed but upbeat after appeals court rules."

You can access today's 68-page, per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 02:40 PM by Howard Bashman



"Court Vacates Ruling on Indefinite Detention of Legal Residents; Justices Decline to Take Up Case of Suspected al-Qaeda Agent": Robert Barnes of The Washington Post has this news update.

Greg Stohr of Bloomberg News reports that "U.S. High Court Drops 'Enemy Combatant' Fight, Dismisses Appeal."

James Vicini of Reuters reports that "US justices dismiss accused al Qaeda agent's case."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Orders Dismissal of al-Marri Case."

You can access today's order of the Supreme Court of the United States at this link.
Posted at 02:34 PM by Howard Bashman



"Al-Marri detention case ended": Lyle Denniston has this post at "SCOTUSblog."

And Mark Sherman of The Associated Press reports that "Court ends terror suspect's detention challenge."
Posted at 12:33 PM by Howard Bashman



U.S. Court of Appeals for the Federal Circuit demotes Seventh Circuit Judge Richard A. Posner to "District Judge" status: See this non-precedential decision (at page two) that the Federal Circuit issued today. In the Federal Circuit's defense, surely Judge Posner has been called worse things than "District Judge," notwithstanding how greatly he is revered here at "How Appealing."

Thanks much to the reader (no, it wasn't Judge Posner himself) who kindly drew this to my attention moments ago.
Posted at 11:50 AM by Howard Bashman



"Better Legal Treatment Mandated for Lawyer Defendants Than for Others?" Eugene Volokh has this post this morning at "The Volokh Conspiracy" about a recent Eleventh Circuit ruling that I've noted here and here.
Posted at 10:55 AM by Howard Bashman


"Nominee for Solicitor General Revises Her Opinion on Opinions": Robert Barnes has this article today in The Washington Post.
Posted at 10:54 AM by Howard Bashman


"Although the Ohio Constitution provides a general right to bear arms, the state certainly does not have a 'clear public policy' of allowing employees to possess firearms on the premises of their private employers." A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued this opinion rejecting a former UPS employee's claim that he was wrongfully discharged "in violation of the public policy embodied in Article I, sec. 4 of the Ohio Constitution, which guarantees Ohio citizens the right to bear arms for their defense and security."

According to today's opinion, "In accordance with written company policy, UPS prohibits its employees from possessing firearms while on its property."
Posted at 10:35 AM by Howard Bashman



What's going on? Yesterday, I filed this Brief for Appellants in the Superior Court of Pennsylvania in fourteen consolidated appeals that have previously received some press coverage. See "Judge Asks Pa. Appeals Court to Uphold Dismissal of Consolidated HRT Cases"; "Pa. Judge Denies Another Breast Cancer-HRT Claim"; and "HRT Patient's Personal Injury Claim Found to Be Time-Barred" (all freely available via law.com).

One week from today, on the afternoon of Friday the 13th, I'll be in New Orleans to participate as a speaker at a Loyola Law Review symposium titled "On the Brink: The Judiciary's Tug of War with Technology." The visit will mark this Cajun food fan's first ever visit to New Orleans. Readers who have suggestions for great places to visit -- other than the nearby Bashman Bayou, which of course is already on my list -- and great places to eat in New Orleans are invited to forward those suggestions via email.

On Tuesday, March 17, 2009, I'll be arguing another appeal before a three-judge Pa. Superior Court panel in a criminal case where my client is raising a Confrontation Clause challenge to his conviction. I'll try to post those briefs here in advance of that oral argument.

And on Thursday, June 11, 2009, I'll be speaking at the 2009 Kentucky Bar Association Annual Convention in Covington, Kentucky about the U.S. Supreme Court's current Term. This will be my first time back in the Cincinnati region since September 2006, when I argued this case before a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 10:27 AM by Howard Bashman



In commentary available online from FindLaw: Marci A. Hamilton has an essay entitled "Pleasant Grove City v. Summum: The Supreme Court's Puzzling, Fascinating New Establishment Clause Decision."

Julie Hilden has an essay entitled "The Defamation Lawsuit Against One of the 'Freakonomics' Authors: Analyzing the U.S. Court of Appeals for the Seventh Circuit's Decision."

And Joanna Grossman has an essay entitled "Sex-Stereotyping and Dress Codes Under Title VII: Why Courts Can't Get it Right."
Posted at 08:20 AM by Howard Bashman



"Ruling could spur tougher drug warnings; Mass. firms' plans unclear": This article appears today in The Boston Globe, along with an editorial entitled "The court rules for patients."

And today's edition of USA Today contains an editorial entitled "Injured consumers win much-needed day in court; Allow lawsuits, but make plaintiffs prove deception or negligence." In response, Bert Rein has an op-ed entitled "Tragic injury makes bad law; Let experts, not juries, determine medical products' risks and benefits."
Posted at 08:15 AM by Howard Bashman



"Ginsburg back with grit, grace; Interview: Goals keep her focused in cancer battle." Joan Biskupic has this front page article today in USA Today.
Posted at 08:12 AM by Howard Bashman


"Dems move to overturn shield for device makers": The Associated Press has a report that begins, "A day after the Supreme Court decided that federal rules do not protect drugmakers from state lawsuits, Democrats in Congress moved to overturn a decision that has shielded medical device companies from similar legal action."

Reuters reports that "Democrats seek to reverse device court ruling."

And Dow Jones Newswires report that "Democrats Propose Bill To Reverse Key Medical Device Ruling."
Posted at 08:07 AM by Howard Bashman



"US cites Boston psychiatrist in case vs. drug firm; Complaint alleges kickbacks to MDs": This article appears today in The Boston Globe.
Posted at 08:02 AM by Howard Bashman


"Live coverage boosts access to federal courtrooms": The Associated Press has this report.
Posted at 07:58 AM by Howard Bashman


Thursday, March 5, 2009

"Appellate court upholds no-fee decision in FLSA case involving law firm": The Tampa Bay Business Journal today has an article that begins, "The U.S. 11th Circuit Court of Appeals affirmed a Tampa federal judge's decision not to award attorney's fees and costs to a paralegal who sued her former employer for overtime pay. The appellate court agreed that the attorney representing Christine Sahyers should have contacted the defendant law firm prior to filing suit. The court ruled the duty lawyers owe to others in the legal profession is more important than the duty owed to clients, according to its March 3 opinion." (emphasis added).

My earlier coverage of Tuesday's Eleventh Circuit ruling appears at this link (second item).
Posted at 11:18 PM by Howard Bashman



"Palin bucks pressure in Supreme Court appointment; Selection went against push from Alaska Family Council": This article appears today in The Anchorage Daily News.
Posted at 11:08 PM by Howard Bashman


"Judge: Will Obama Defend Yoo?" Josh Gerstein has this post at Politico.com.

And Friday in The Christian Science Monitor, Warren Richey will have an article headlined "Obama's mixed signals on terror policy; The White House is seeking to protect at least some of its Bush-era privileges."
Posted at 11:00 PM by Howard Bashman



"In the light of the Supreme Court's clear language that, under the FAA, the statutory provisions are the exclusive grounds for vacatur, manifest disregard of the law as an independent, nonstatutory ground for setting aside an award must be abandoned and rejected." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a Federal Arbitration Act ruling issued today.
Posted at 10:44 PM by Howard Bashman


"California Supreme Court appears likely to uphold gay marriage ban": Howard Mintz of The San Jose Mercury News has this news update.

Maura Dolan and Carol J. Williams of The Los Angeles Times have a news update headlined "California Supreme Court signals mixed response to Proposition 8; As both sides of the gay-marriage ban argue before the court, the justices sound hesitant to overturn the ban but also reluctant to invalidate the same-sex marriages already performed."

The Sacramento Bee has a news update headlined "Justices hammer both sides in Prop. 8 hearing."

The San Francisco Chronicle has a news update headlined "Court hears Prop. 8 arguments."

The New York Times has a news update headlined "California Court Weighing Gay Marriage Ban."

And The Associated Press reports that "Calif justices hear arguments in gay marriage case."
Posted at 05:04 PM by Howard Bashman



"No Legal Shield in Drug Labeling, Justices Rule": Adam Liptak has this article today in The New York Times. A related article is headlined "Drug Ruling Puts Devices in Spotlight." And an editorial is entitled "A Win for Injured Patients."

Today in The Washington Post, Robert Barnes reports that "Justices Rule Against Drug Company in Injury Case."

David G. Savage of The Los Angeles Times reports that "Supreme Court rules patients can sue drug makers; The justices, acting in a Vermont case, reject the Bush administration's contention that drug companies should be shielded from lawsuits if their products were approved by the FDA."

Joan Biskupic and Julie Appleby of USA Today report that "Court ruling backs drug lawsuits; Woman lost arm because of injection."

In The Wall Street Journal, Jess Bravin reports that "High Court Eases Way to Liability Lawsuits." A related article reports that "Ruling Ripples Beyond Drug Firms." And an editorial is entitled "Pre-empting Drug Innovation: So much for the 'pro-business' Court."

law.com's Tony Mauro reports that "Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense; 6-3 decision highlights how pre-emption cases are not always decided along liberal-conservative lines."

Bob Egelko of The San Francisco Chronicle reports that "Ruling says patients can sue drugmakers."

The Philadelphia Inquirer reports that "High court upholds right to sue drugmakers."

The Associated Press reports that "Victory bittersweet for drug liability case victim."

Yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Supreme Court Allows Lawsuits against Pharmaceutical Companies to Move Forward" (transcript with links to audio and video) featuring Marcia Coyle.

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entiteld "Court Rules For Musician In Drug Case" (RealPlayer required) featuring Nina Totenberg.
Posted at 01:45 PM by Howard Bashman



"Missing trial tapes spawn an impasse; Stenographer denies she has them": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "When they do their jobs right, court stenographers attract little attention. They tap quietly on a shorthand machine at more than 200 words a minute to make a record of testimony or repeat verbatim everything said in court into a tape recorder. But among the cast of characters, they seldom play a starring role. Jeanne Lentini, however, is getting a close-up, and not a flattering one. After working in the state courts under contract for eight years, she left Massachusetts in the spring of 2007 with tape recordings she made of 17 criminal and civil trials, court officials said. Despite demands to provide transcripts or return the tapes, which belong to the state, the officials said, she has sent back only seven recordings and some blank tapes. Transcripts are the lifeblood of the appeal process, so the missing tapes have stymied litigants in 10 criminal and civil cases, preventing them from challenging the verdicts."
Posted at 01:25 PM by Howard Bashman


"Calif. Justices Seem Skeptical About School's Responsibility for Lost Cadaver; Lawsuit against University of California Regents alleges that UC-Irvine lost track of a body donated under the 'willed body program'": law.com provides this report.
Posted at 01:22 PM by Howard Bashman


"Three Strikes and You're Out? Critics Seek Juror-Dismissal Cap." Today in The Wall Street Journal, Nathan Koppel has an article that begins, "In the interest of fair trials, attorneys can dismiss people from jury pools for dressing strangely, for being fat, even for just looking at them funny. What lawyers can't do is dismiss potential jurors based on their race, gender or ethnicity. Yet, attorneys and academics say, it happens all the time. To root out discrimination in the jury room, critics have called for a radical solution: Get rid of peremptory strikes, which typically allow lawyers to dismiss a limited number of jurors, no questions asked."
Posted at 12:30 PM by Howard Bashman


"Ninth Circuit Judge Michael Daly Hawkins to Take Senior Status": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.

Tomorrow -- as noted here, here, and here -- Judge Hawkins will be part of a three-judge Ninth Circuit panel hearing oral arguments at the James E. Rogers College of Law of the University of Arizona.
Posted at 12:17 PM by Howard Bashman



Separation of professional baseball and state: Is the construction of a professional baseball stadium for private profit an act that is "for the benefit of the state" as that phrase is understood in Washington State?

Today, the Supreme Court of Washington State ruled "yes" in a lawsuit involving an alleged construction defect at Safeco Field, the home of the Seattle Mariners. Today's ruling consists of a majority opinion and a dissenting opinion.
Posted at 11:54 AM by Howard Bashman



"The California Supreme Court will hear oral arguments on Thursday, March 5, 2009, from 9:00 a.m. to 12:00 p.m., in three cases challenging the constitutionality of Proposition 8, a statewide ballot initiative that was passed by a majority of California voters in November 2008": So notes the web page of the California Channel, which will be offering a live webcast of today's oral argument. The court's web site also notes another online viewing option.

The San Francisco Chronicle today contains an article headlined "March in the Castro on eve of Prop. 8 hearing."

The Los Angeles Times reports today that "Gay couples hold vigils urging justices to end Prop. 8; As opponents stage events across the state, backers prepare for today's state Supreme Court hearing on November ballot measure banning same-sex marriage." The newspaper also contains an editorial entitled "Gay marriage's day in court: The California Supreme Court will hear oral arguments today on Proposition 8."

The Sacramento Bee reports that "Supreme Court hears Prop. 8 debate today."

The San Jose Mercury News reports that "Gay-rights activists march in San Jose and San Francisco on eve of legal arguments."

The San Diego Union-Tribune reports that "Gay-marriage supporters rally against Proposition 8."

The New York Times reports that "California Court to Weigh Gay Marriage Ban."

Yesterday's edition of The Orange County Register contained an article headlined "Shifting values influence court rulings on gay marriage; Prop. 8's ban on gay marriage goes before state Supreme Court on Thursday as homosexuals are gaining more rights."

And The Associated Press reports that "Gay activists march in Calif. ahead of showdown."
Posted at 11:20 AM by Howard Bashman



Wednesday, March 4, 2009

"Court worried about big penalty for phone buyer": Jesse J. Holland of The Associated Press has this report on a case argued today before the U.S. Supreme Court.

You can access the transcript of today's oral argument in Abuelhawa v. United States, No. 08-192, at this link.
Posted at 02:50 PM by Howard Bashman



Interviewing Yoo about torture memos: Yesterday's issue of The Orange County Register contained an article headlined "Ex-Bush lawyer talks about torture memos; Visiting Chapman professor wrote opinions on interrogation methods."
Posted at 02:34 PM by Howard Bashman


"Gertner having second thoughts on Tenenbaum webcast order; invites motion for reconsideration": Ben Sheffner has this post today at his "Copyrights & Campaigns" blog.
Posted at 02:30 PM by Howard Bashman


"Court: Federal Rules Don't Protect Drugmakers From Consumer Lawsuits." Robert Barnes of The Washington Post has this news update.

Joan Biskupic of USA Today has a news update headlined "Supreme Court rejects limits on drug lawsuits."

At "SCOTUSblog," Lyle Denniston has a post titled "A warning to the FDA."

And the "Drug and Device Law" blog has a post titled "Wyeth v. Levine - First Real Thoughts."
Posted at 02:17 PM by Howard Bashman



"Death by firing squad may not be an option in Idaho if bill passes; Idaho's attorney general hopes to avoid potential appeals that could delay executions under the death penalty law": This article appears today in The Idaho Statesman.
Posted at 11:54 AM by Howard Bashman


"Supreme Court rules patients can sue drug makers; The justices, acting in a Vermont case, reject the Bush administration's contention that drug companies should be shielded from lawsuits if their products were approved by the FDA": David G. Savage of The Los Angeles Times has this news update.
Posted at 11:52 AM by Howard Bashman


"Justice O'Connor on The Daily Show": Howard Wasserman has this post (with links to video clips) today at "PrawfsBlawg."

And ABCNews.com reports that "Former Justice Pushing for More Civics, Less 'American Idol'; Sandra Day O'Connor Says Civics Lessons Have All but Vanished."
Posted at 11:05 AM by Howard Bashman



"Court allows drug label lawsuit": Lyle Denniston has this post at "SCOTUSblog." Lyle's post begins, "The Supreme Court, voting 6-3, ruled that federal approval of labels giving warnings about effects of drugs does not bar lawsuits under state law claiming inadequate warnings."

You can access today's ruling of the U.S. Supreme Court in Wyeth v. Levine, No. 06-1249, at this link. Justice John Paul Stevens delivered the opinion of the Court, in which Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. Justice Breyer also filed a concurring opinion. Justice Clarence Thomas filed an opinion concurring in the judgment. Justice Samuel A. Alito, Jr. filed a dissenting opinion, in which the Chief Justice and Justice Antonin Scalia joined.

You can access the oral argument transcript at this link.

In early news coverage, Mark Sherman of The Associated Press reports that "Supreme Court rejects limits on drug lawsuits."

Greg Stohr of Bloomberg News reports that "Wyeth, Drugmakers Lose as Top U.S. Court Allows Suits."

And Reuters reports that "US top court rules against Wyeth in liability case."
Posted at 10:08 AM by Howard Bashman



Divided three-judge Sixth Circuit panel reinstates lawsuit filed by women who complained of ill effects after having been gassed by pesticides at luxury resort hotel in Maui: You can access yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit in Gass v. Marriott Hotel Servs. at this link.

And in news coverage of the ruling, The Associated Press reports that "Case of pesticides in Maui hotel will go to trial."
Posted at 09:20 AM by Howard Bashman



"Justices Hear Arguments on Money-Court Nexus": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Justices Consider When a Judge Should Bow Out; Case Involves Campaign Contributor With Business Before Recipient's Court."

In USA Today, Joan Biskupic reports that "High court weighs when judges should step aside; Expresses support for standard tied to appearance of bias."

In The Wall Street Journal, Jess Bravin reports that "High Court Split Over Case on Judicial Ethics."

The Pittsburgh Post-Gazette reports that "Supreme Court hears W.Va. recusal case; Should standard be established for judicial campaign contributions?"

The Charleston (W. Va.) Gazette reports that "Justices clash over Benjamin case; Supreme Court debates fairness, campaign money."

The Charleston (W. Va.) Daily Mail reports that "Manchin wants to examine court system."

law.com's Tony Mauro reports that "Supreme Court Justices Appear Ready to Set Recusal Rules."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Cash Bar: The Supreme Court ponders when your right to a fair trial collides with their right to be divine."
Posted at 08:07 AM by Howard Bashman



"Custody case of same-sex couple back in state court; Woman filed suit to be sole parent in Frederick in 2004": This article appears today in The Northern Virginia Daily.

And The Associated Press reports that "Ex-lesbian appeals custody case again."
Posted at 07:58 AM by Howard Bashman



"California Supreme Court may reveal stance on Prop. 8 on Thursday; The hearing will be televised; demonstrations are planned statewide; The justices will rule on whether to uphold the gay-marriage ban and the marriages of an estimated 18,000 same-sex couples": Maura Dolan has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko has an article headlined "Prop. 8 hearing: majority vote, minority rights."
Posted at 07:55 AM by Howard Bashman



Tuesday, March 3, 2009

"Louisiana criminal defense lawyer: ethical violation for blogger/attorney to contact witnesses." Today at his "Copyrights & Campaigns" blog, Ben Sheffner has a post that begins, "Here's one near and dear to my heart: a criminal defense attorney in Louisiana has threatened to file state bar ethics charges against a California attorney and blogger who, in the course of reporting for his blog, contacted a witness in the Louisiana attorney's case."
Posted at 09:00 PM by Howard Bashman


"Al-Marri: Case should go ahead." Lyle Denniston has this post at "SCOTUSblog."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "ACLU Opposes Dismissal of al-Marri Case."

And The Associated Press reports that "Lawyers ask Supreme Court to rule in terror case."
Posted at 08:24 PM by Howard Bashman



"High Court Split Over Case on Judicial Ethics": Jess Bravin of The Wall Street Journal has this news update.

The Pittsburgh Post-Gazette has a news update headlined "Supreme Court mulls W.Va. justice bias case."

Greg Stohr of Bloomberg News reports that "Massey Case Prompts High Court to Weigh Restrictions on Judges."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court Weighs Judicial Ethics" (RealPlayer required) featuring Nina Totenberg.

And The West Virginia Record has a report headlined "Tough day for both sides of judicial recusal case."
Posted at 08:02 PM by Howard Bashman



"Supreme Court limits challenges to logging in federal forests": Michael Doyle of McClatchy Newspapers has this report.
Posted at 07:50 PM by Howard Bashman


"Justice Dept. May Release More Terrorism Memos": Neil A. Lewis and Charlie Savage will have this article Wednesday in The New York Times.
Posted at 07:45 PM by Howard Bashman


"Here We Go Again: Obama shouldn't get away with the same tricks in al-Marri that Bush got away with in Padilla." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 05:23 PM by Howard Bashman


"Md. high court sets legal standard for outing online foes": David L. Hudson Jr. has this analysis online at the First Amendment Center.

My earlier coverage of the ruling appears at this link.
Posted at 03:35 PM by Howard Bashman



"Supreme Court rules for Eritrean asylum seeker": James Vicini of Reuters has this report.
Posted at 03:17 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Caperton v. A.T. Massey Coal Co., No. 08-22: The Court has posted the transcript onine at this link.
Posted at 03:14 PM by Howard Bashman


"Supreme Court Hears Judicial Bias Case; West Virginia Case Called One of the Most 'Extreme' Bias Cases to Come Before the Supreme Court": ABCNews.com provides this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "In search of a limiting principle."
Posted at 02:50 PM by Howard Bashman



Books recently received in the mail: Three books to note today --

1. "Mystery Writers of America Presents The Prosecution Rests: New Stories about Courtrooms, Criminals, and the Law," edited by Linda Fairstein (available April 14, 2009);

2. "Above the Law," by Tim Green (the book, not the blog); and

3. "Patient Zero," by Jonathan Mayberry.
Posted at 02:40 PM by Howard Bashman



"Court curbs right to sue over public land policy": Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:14 PM by Howard Bashman


Today's rulings of note from the U.S. Court of Appeals for the Eleventh Circuit: On behalf of a unanimous three-judge panel, Circuit Judge Ed Carnes has issued another opinion with a must-read opening paragraph:
When Robert Shaw was thirteen years old he hurled a rock through a car windshield, sending shards of glass into his victim's face. Fifteen years later Shaw was speeding through Miami, with a cocked and loaded pistol and ski masks, on his way to burglarize a "drug hole." His rap sheet during the intervening years is long enough to require extra postage. It shows 27 arrests involving 62 counts, and sentences totaling at least 105 months in spite of receiving one break after another from the system. Indeed, from Shaw's criminal record it seems as though he is determined to serve a life sentence, albeit on the installment plan. The question this appeal presents is whether the current installment is a reasonable one.
Last month, the Fulton County Daily Report published this article about Judge Carnes.

And a second opinion issued today -- this one written by the Eleventh Circuit's Chief Judge -- provides further evidence that judges don't always appreciate lawyers who sue other lawyers, even when the lawsuit has merit.
Posted at 01:54 PM by Howard Bashman



"This case requires us to answer a question of first impression in this Circuit: Do bounty hunters constitute state actors for purposes of the Fourth Amendment when they conduct a search in the course of seeking out a bail-jumper?" So begins an opinion that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 01:47 PM by Howard Bashman


Three-judge Ninth Circuit panel examines the liability of the Vatican for the alleged sexual abuse of a boy by a priest in Oregon: You can access today's lengthy ruling at this link. The per curiam majority opinion begins, "We consider whether, on the allegations made in the Plaintiff's complaint in this case, the Holy See is entitled to immunity from suit under the Foreign Sovereign Immunities Act."

Law professor Marci A. Hamilton represented the plaintiff on appeal. You can access the oral argument audio via this link (Windows Media Player required).
Posted at 01:32 PM by Howard Bashman



"Supreme Court justices considering new judge standards": Joan Biskupic of USA Today has a news update that begins, "Supreme Court justices expressed concern Tuesday about people's confidence in the impartiality of elected state judges and suggested they might set a new standard for when judges should take themselves out of cases that involve big financial supporters."

And Robert Barnes of The Washington Post has a news update headlined "Supreme Court Divided Over Judicial Bias Case."
Posted at 01:22 PM by Howard Bashman



"High court to decide when judges should step aside": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court appears to be willing to say that elected judges must step aside from cases in which there would be at least an appearance of bias if they took part."
Posted at 12:17 PM by Howard Bashman


"Republicans warn Obama on judges": Politico.com has this report.

The Hill reports that "Obama urged to think bipartisan on judges."

And Roll Call reports that "GOP Senators Want Obama to Renominate Bush Judges."

You can access at this link the letter that Republican U.S. Senators sent yesterday to President Obama.
Posted at 11:12 AM by Howard Bashman



Access online today's U.S. Supreme Court rulings in argued cases: The Court today issued two rulings in argued cases.

1. Justice Antonin Scalia delivered the opinion of the Court in Summers v. Earth Island Institute, No. 07-463. The Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined in the majority opinion. Justice Kenendy also issued a concurring opinion. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Ruth Bader Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Kennedy delivered the opinion of the Court in Negusie v. Holder, No. 07-499. The Chief Justice and Justices Scalia, Souter, Ginsburg, and Alito joined in the majority opinion. Justice Scalia also issued a concurring opinion, in which Justice Alito joined. Justice Stevens issued an opinion concurring in part and dissenting in part, in which Justice Breyer joined. And Justice Thomas issued a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link.

In early news coverage, The Associated Press has reports headlined "Court makes it harder to challenge forest rules" and "Court: Forced persecution doesn't prevent asylum."
Posted at 10:28 AM by Howard Bashman



"How the Supreme Court Was Won: Is the Historic Case Marbury v. Madison All It's Cracked Up To Be?" Cliff Sloan has this conversation-starting post this morning online at Slate's "The Book Club" about his new book, "The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court."
Posted at 08:12 AM by Howard Bashman


"Benjamin's votes scrutinized; State justices release figures as case goes to U.S. Supreme Court": This article appears today in The Charleston (W. Va.) Gazette.

Mark Sherman of The Associated Press reports that "High court to decide when judges should step aside."

Greg Stohr of Bloomberg News reports that "Massey Chairman's Gifts to Judge Puts Bias Issue Before Court."

Today's broadcast of NPR's "Morning Edition" contains an audio segment entitled "High Court To Decide If Judges Should Step Aside" (RealPlayer required) featuring Nina Totenberg.

West Virginia Public Broadcasting reports that "Blankenship, Benjamin and judicial ethics argued before Supreme Court."

The New York Times today contains an editorial entitled "Justice Not for Sale."

And USA Today contains an editorial entitled "Mining case shows sooty side of big-money judicial elections; Public confidence suffers when special interests finance court races." In response, Sean Parnell has an op-ed entitled "Don't chill political speech; Forcing taxpayers to subsidize candidates won't lead to better judges."
Posted at 08:00 AM by Howard Bashman



Monday, March 2, 2009

"In Legal Memos, Clearer View of Power Bush Sought": Neil A. Lewis will have this article Tuesday in The New York Times.

And Tuesday's edition of The Washington Post will report that "Bush-Era Anti-Terrorism Documents Made Public."
Posted at 11:05 PM by Howard Bashman



"Pat-Down Searches at Entertainment Venues Need Justification, Calif. Supreme Court Rules": law.com provides this report.

And The Contra Costa Times has a news update headlined "State Supreme Court forces question over 49ers security pat-downs back to lower court."

My earlier coverage of today's California Supreme Court ruling can be accessed via this post.
Posted at 10:50 PM by Howard Bashman



"Scholars, Writers Debate John Paul Stevens' Legacy": UC Davis today issued a news release that begins, "Pulitzer Prize-winning journalist Linda Greenhouse will join former judges and U.S. Supreme Court law clerks in a daylong symposium exploring the legacy of Justice John Paul Stevens at the UC Davis School of Law on Friday, March 6."
Posted at 10:32 PM by Howard Bashman


"Justices Debate Convict's Right to DNA Test; Questions Focus on Prisoner's Motives, Alaska's Refusal to Grant Access to Evidence": Robert Barnes will have this article Tuesday in The Washington Post.

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Court Weighs Convict's Right To Test DNA" (RealPlayer required) featuring Nina Totenberg.
Posted at 10:28 PM by Howard Bashman



"Supreme Court to Revisit a Case on Breach of Copyright": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 10:20 PM by Howard Bashman


"Summary of Chief Justice Benjamin's Dispositive Voting Record Regarding Massey Energy Cases from 01/01/2005 to 12/31/2008": The Public Information Office of the Supreme Court of Appeals of West Virginia issued this news release today.

According to the summary, "Overall, Chief Justice Benjamin voted against the interests of Massey Energy or its subsidiary 81.6% of the time." The summary also describes the approximate amount of money at stake to Massey Energy in those cases.
Posted at 08:44 PM by Howard Bashman



"In waning days, Bush officials backpedaled on terror memos": Marisa Taylor of McClatchy Newspapers has this report.

And The Associated Press reports that "Obama releases secret Bush anti-terror memos."

You can access the memos via this link.
Posted at 08:32 PM by Howard Bashman



"Supreme Court closely divided on felon's right to DNA test": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:17 PM by Howard Bashman


"Should judges step aside when campaign cash is involved? A West Virginia case before the US Supreme Court could clarify when judges must recuse themselves." Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 08:15 PM by Howard Bashman


"L.A. judge shares her unusual story; Audrey B. Collins, 63, the new chief judge of the U.S. District Court in Los Angeles, is the granddaughter of a slave": Scott Glover has this article today in The Los Angeles Times.
Posted at 08:10 PM by Howard Bashman


"Supreme Court Enters the YouTube Era": Adam Liptak will have this installment of his "Sidebar" column in Tuesday's issue of The New York Times.
Posted at 05:07 PM by Howard Bashman


"Barry Bonds trial may be postponed until late summer or early fall": Howard Mintz of The San Jose Mercury News has this update.
Posted at 05:00 PM by Howard Bashman


"Suit over Niners' pat-downs of fans is revived": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The California Supreme Court reinstated a lawsuit challenging pat-downs of fans entering San Francisco 49ers games today, but suggested it would give the team leeway in justifying the searches as a safety measure. The court said unanimously that lower courts should not have concluded two season ticket-holders had agreed to be searched, and thus had given up their right to sue for invasion of privacy, when they bought their tickets after learning of the policy."

And Howard Mintz of The San Jose Mercury News has an update headlined "Pat down lawsuit against 49ers can proceed."

My earlier coverage of today's California Supreme Court ruling appears here and here.
Posted at 04:55 PM by Howard Bashman



"Surveillance Court Quietly Moving; Some Say Previous Location, in Justice Dept., Gave an Impression of Bias": Today's edition of The Washington Post contains an article that begins, "First, the workers encased the room in reinforced concrete. Then came the thick wood-and-metal doors that seal into the walls. Behind those walls they labored in secret for two years, building a courtroom, judge's chambers and clerk's offices. The only sign that they were done came recently, when biometric hand scanners and green 'Restricted Access' placards were placed at the entrances. What workers have finally completed -- or perhaps not; few really know, and none would say -- is the nation's most secure courtroom for its most secretive court. In coming days, the Foreign Intelligence Surveillance Court will move from its current base at the Justice Department and settle into a new $2 million home just off a public hallway in the District's federal courthouse."
Posted at 04:17 PM by Howard Bashman


"When Judges Go Bad: Nothing Good Comes From Requiring State Judges To Campaign For The Bench." CBS News legal analyst Andrew Cohen today has this installment of his "CourtWatch" column.
Posted at 04:11 PM by Howard Bashman


"Why Does Justice Stevens Recuse in Agent Orange Cases?" Tony Mauro has this post at "The BLT: The Blog of Legal Times."

Update: Link fixed!
Posted at 04:10 PM by Howard Bashman



"Court to decide on convict's right to test DNA": The Associated Press has a report that begins, "The Supreme Court expressed skepticism Monday about giving a convict the broad constitutional right to test DNA evidence, which for 232 people has meant exoneration years after they were found guilty."

Update: The U.S. Supreme Court has posted online the transcript of today's oral argument in District Attorney's Office for Third Judicial Dist. v. Osborne, No. 08-6, at this link.
Posted at 01:20 PM by Howard Bashman



Supreme Court of California reinstates lawsuit challenging the lawfulness of pat-down searches at San Francisco 49ers home games: You can access today's ruling at this link.

Update: In early news coverage, The Associated Press reports that "49ers fan search case sent back to lower court."
Posted at 01:04 PM by Howard Bashman



"Deja new: Prop. 8 challenge reaches Calif. court." The Associated Press has a report that begins, "A year after the state Supreme Court entertained arguments on extending marriage to gay couples, many of the same lawyers will be back before the same justices this week arguing why California's voter-appproved ban on same-sex marriage should stand or fall."

The challenge to Proposition 8 will be argued this Thursday before the Supreme Court of California.
Posted at 12:10 PM by Howard Bashman



"Abdullahi v. Pfizer and the Alien Tort Statute": This post appears today at the "Drug and Device Law" blog.

My earlier coverage of the Second Circuit's ruling, which issued on January 30, 2009, can be accessed here and here.
Posted at 12:03 PM by Howard Bashman



Supreme Court of California to rule today on case challenging the legality of pat-down searches at San Francisco 49ers home games: According to the court's notice of forthcoming decision, the case presents the following issues:
(1) Did ticket holders of the San Francisco 49ers football team impliedly consent to the team's policy of conditioning admission to its stadium on submission to a patdown search when they purchased season tickets with knowledge of that policy? (2) If so, did that consent extinguish any reasonable expectation of privacy with respect to the searches as matter of law, such that the trial court was not required to consider the justifications in support of the policy or balance plaintiffs' privacy interests against the team's countervailing interests?
The decision should be available online at 1 p.m. eastern time via this link.

I considered these very same issues in the July 9, 2007 installment of my "On Appeal" column for law.com, headlined "Did a Federal Appeals Court Avoid Tackling the Real Issues Behind Football Fan's Lawsuit? 11th Circuit rules that season ticket-holder can't object to being searched upon entering stadium."
Posted at 11:50 AM by Howard Bashman



"CIA destroyed 92 interrogation tapes": The Associated Press provides this report.
Posted at 10:38 AM by Howard Bashman


"The Right to DNA Evidence": This editorial appears today in The New York Times.
Posted at 10:32 AM by Howard Bashman


"Court to rule on copyrights": Lyle Denniston has this post at "SCOTUSblog."

You can access today's Order List of the U.S. Supreme Court at this link. In addition to granting review in one case, the Court also requested the views of the Solicitor General in two cases.

In early news coverage, The Associated Press reports that "Court hears appeal in freelancers case"; "Court turns down Agent Orange cases"; and "Court refuses to take case on coach's team prayer."
Posted at 10:28 AM by Howard Bashman



"No Snow Delay at Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 09:30 AM by Howard Bashman


"Court to review justice's decision": Today's edition of The Charleston (W. Va.) Daily Mail contains an article that begins, "In his four years on the bench of the West Virginia Supreme Court, Chief Justice Brent Benjamin has voted against Massey Energy and its subsidiaries 82 percent of the time, according to documents released by the court. It paints a different picture of Benjamin, who has been heavily scrutinized for having an assumed relationship with Massey chief Don Blankenship."

And today in The Seattle Times, Robert Utter and Charlie Wiggins have an op-ed entitled "Judges should recuse themselves from cases involving campaign benefactors."
Posted at 07:40 AM by Howard Bashman



"Plaintiffs Attempt to Revive Hormone Therapy Mass Tort": Amaris Elliott-Engel has this article today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

The article reports on the appellate oral argument that I delivered last Tuesday before a three-judge panel of the Superior Court of Pennsylvania.
Posted at 07:28 AM by Howard Bashman



Sunday, March 1, 2009

"Dueling lawyers in California Prop. 8 case are a study in opposites": The Sacramento Bee today contains a front page article that begins, "Kenneth Starr and Shannon Minter, lead attorneys in the California Supreme Court case that will decide the fate of same-sex marriage in the state, are as different as the competing sides they represent."
Posted at 11:10 PM by Howard Bashman


"S.F. grapples with 1st death trials in years": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "For the first time since 1948, lives are at stake in a San Francisco federal courtroom. Two alleged gang members went on trial before separate juries last week, each accused of three murders as part of a racketeering enterprise to control local drug trafficking. The Justice Department is seeking the death penalty for both defendants, in one case over the objections of the U.S. attorney's office, which had agreed on a 40-year prison sentence."
Posted at 10:55 PM by Howard Bashman


"Case May Define When a Judge Must Recuse Self; W.Va. Justice Ruled for a Man Who Spent Millions to Elect Him": Robert Barnes will have this front page article Monday in The Washington Post.

And Monday's edition of The Dallas Morning News will contain an article headlined "Cases with Texas justices' big campaign donors raises question: Does money rule the courts?"
Posted at 10:50 PM by Howard Bashman



"Facing numerous Seroquel lawsuits, drugmaker AstraZeneca releases documents": Yesterday's edition of The St. Petersburg Times contained an article that begins, "The public got a glimpse into the inner workings of a global pharmaceutical company Friday when AstraZeneca released more than 100 sealed documents in a tsunami of lawsuits claiming its powerful antipsychotic Seroquel caused diabetes, weight gain and other health problems."
Posted at 08:55 PM by Howard Bashman


"Legal status of poker: Is it a game of skill or chance? Arguments for poker as more a game of skill than luck are surfacing in court cases as close as Westmoreland County." This article appears today in The Pittsburgh Post-Gazette.
Posted at 03:22 PM by Howard Bashman


"Scotus to eye W.Va. case focusing on campaign cash": The Associated Press provides this report.

Today's edition of The Pittsburgh Post-Gazette reports that "Top court to hear W.Va. judicial bias case Tuesday; Should W. Va. justice have heard case against coal firm?"

And the current issue of The Economist contains an article headlined "Only in America: The trouble with electing judges."
Posted at 03:17 PM by Howard Bashman



"Supreme Court will consider convicts' rights to DNA tests; Lawyers for William Osborne, convicted in an Alaska rape, hope to broaden prisoners' rights to prove their innocence with new tests on old evidence": David G. Savage has this article today in The Los Angeles Times.
Posted at 12:20 AM by Howard Bashman


"W.Va. mining case could shape U.S. judicial races; Supreme Court to hear arguments in Caperton, Massey dispute Tuesday": Paul J. Nyden has this article today in The Sunday Gazette-Mail of Charleston, West Virginia.

And at "SCOTUSblog," Lyle Denniston has a post titled "Preview: Judges, Politics and the Constitution."
Posted at 12:15 AM by Howard Bashman







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