How Appealing

Wednesday, September 30, 2009

Warren Richey of The Christian Science Monitor is reporting: He has articles headlined "Supreme Court to take up Chicago gun ban; The case challenging a handgun ban in Chicago will decide whether the individual right to bear arms upheld by the Supreme Court in a D.C. case last year applies to all states and cities, too" and "Supreme Court to review ban on certain aid to terrorist groups; The court will examine whether part of the Patriot Act prohibits activities protected by the First Amendment."
Posted at 08:14 PM by Howard Bashman


James Vicini of Reuters is reporting: He has articles headlined "Supreme Court to decide terrorism support law" and "US court to hear Somali ex-minister torture case."
Posted at 08:10 PM by Howard Bashman


"Supreme Court Takes Case on Reach of Gun Rights": Adam Liptak of The New York Times has this news update.
Posted at 04:33 PM by Howard Bashman


"Court to decide if feds liable for cancer mistake": Jesse J. Holland of The Associated Press has a report that begins, "The Supreme Court will decide whether the family of a now-deceased immigrant who was denied medical care for cancer while in custody can sue federal medical officials for damages."
Posted at 04:32 PM by Howard Bashman


"4th Circuit affirms protection for repulsive speech": Douglas Lee has this commentary online today at the First Amendment Center.
Posted at 03:28 PM by Howard Bashman


"We here explore the treacherous path which corporate counsel must tread under the attorney-client privilege when conducting an internal investigation to advise a publicly traded company on its financial disclosure obligations." So begins today's ruling of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in United States v. Ruehle.

In today's ruling, the Ninth Circuit reverses a federal district court's order suppressing all evidence reflecting statements by the former Chief Financial Officer of Broadcom Corp. to attorneys from Irell & Manella, Broadcom's outside counsel, regarding stock option granting practices at Broadcom. The appeal arises in a criminal case against the CFO for his involvement in an alleged backdating scheme that ultimately resulted in Broadcom's restatement of its earnings to account for approximately $2.2 billion in additional stock-based compensation expenses.
Posted at 03:05 PM by Howard Bashman



"Responding to the Growing Need for Federal Judgeships: The Federal Judgeship Act of 2009." Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts has just begun holding a hearing on this topic. You can view a live webcast of the hearing by clicking here.

In connection with the hearing, the Administrative Office of the U.S. Courts has today issued a news release headlined "Judiciary Supports New Judgeships."

And today at FindLaw, law professor Carl Tobias has an essay entitled "Congress and the Pending Comprehensive Judgeships Legislation."
Posted at 02:44 PM by Howard Bashman



"Supreme Court to hear new firefighter discrimination case; The justices will decide how much time plaintiffs have to file a lawsuit when they believe they've been unfairly penalized by hiring tests": David G. Savage of The Los Angeles Times has this news update.
Posted at 02:37 PM by Howard Bashman


"Judge's order to release Kuwaiti detainee puts Obama in a bind": Carol Rosenberg has this article today in The Miami Herald.
Posted at 02:33 PM by Howard Bashman


"Supreme Court takes gun case that will test reach of 2nd Amendment; The justices' ruling on whether state and local laws are subject to the 2nd Amendment could open the door to legal challenges nationwide; The ruling on a Chicago handgun ban is expected by summer": David G. Savage of The Los Angeles Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "High Court to Examine Local Handgun Laws."

And Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Agrees to Weigh Local Gun Laws."
Posted at 02:28 PM by Howard Bashman



Access today's Order List of the U.S. Supreme Court: The Court has posted today's Order List, granting review in ten cases, at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on gun rights, terrorism law."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Grants Chicago Handgun Ban Case."

In early news coverage, Mark Sherman of The Associated Press reports that "High court to look at local gun control laws." The AP also has reports headlined "High court to review parts of anti-terrorism law"; "Court to weigh lawsuit against former Somali PM"; "Court to decide on expansion of Miranda rights"; "Court to settle dispute over all-white jury"; and "Court asked if old offenses can get new penalties."

Greg Stohr of Bloomberg News reports that "Local Gun Laws Draw Scrutiny From U.S. Supreme Court."

And James Vicini of Reuters reports that "Supreme court to decide how far gun rights extend."
Posted at 10:48 AM by Howard Bashman



"Rather's CBS Suit Dismissed": Today in The New York Times, Bill Carter has an article that begins, "Dan Rather's expensive attempt at vindication against his former employer CBS was repudiated Tuesday by the appellate division of New York State Supreme Court, which ruled unanimously to dismiss the $70 million lawsuit he had brought against the network in 2007."

The Los Angeles Times reports today that "Dan Rather's lawsuit against CBS dismissed; A New York appeals panel rules that a trial judge erred in allowing the newsman to pursue his case against the network; Rather's attorney vows to appeal the ruling, while CBS declares victory."

And The Associated Press reports that "Dan Rather's $70M lawsuit against CBS thrown out."

You can access yesterday's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.
Posted at 09:27 AM by Howard Bashman



"Public-prayer battle lines drawn in Lodi": The Sacramento Bee today contains a front page article that begins, "Lodi is just a small city in the heart of California's Central Valley. But tonight, it takes center stage for one of the nation's hottest issues. The question is: Should the City Council allow invocations that call on Jesus at its public meetings?"
Posted at 09:12 AM by Howard Bashman


"Supreme Court sets date for former legislator's appeal; Juneau Republican says statute doesn't apply in case": Today's edition of The Anchorage Daily News contains an article that begins, "The U.S. Supreme Court has set Dec. 8 as the date for oral arguments in the appeal of former Rep. Bruce Weyhrauch, who is seeking to reinstate a court order that sharply limited the federal government's mail fraud case against him."
Posted at 09:05 AM by Howard Bashman


"Retired Officers Rally to Close Gitmo": Evan Perez has this article today in The Wall Street Journal.

Today's edition of The Washington Post contains an article headlined "Retired Military Officers Push to Close Guantanamo Prison."

And The Los Angeles Times contains an editorial entitled "Getting out of Gitmo: Opposition to housing detainees in U.S. prisons is irrational; How can we ask others to do what we won't?"
Posted at 09:00 AM by Howard Bashman



"New abortion laws halted; Judge: Rules can't take effect until suits decided." Today's edition of The Arizona Republic contains an article that begins, "A Maricopa County Superior Court judge issued a preliminary injunction Tuesday against new abortion restrictions passed by the Legislature, preventing two laws from going into effect today as planned."

Today in The Arizona Daily Star, Howard Fischer reports that "Abortion law's key points are blocked; Maricopa judge orders state not to enforce measure for now."

And The Associated Press reports that "Judge blocks key parts of new Arizona abortion law."

You can access the text of yesterday's injunction at this link.
Posted at 08:52 AM by Howard Bashman



Tuesday, September 29, 2009

"Justice asks high court to OK labor board rulings": The Associated Press has a report that begins, "The Justice Department on Tuesday asked the Supreme Court to let a federal labor board continue working even though three of its five seats are vacant."
Posted at 07:54 PM by Howard Bashman


"Kaine does not anticipate stay for Beltway sniper": The Richmond Times-Dispatch has a news update that begins, "Virginia Gov. Timothy M. Kaine said today that he has not yet received a petition seeking clemency for convicted Beltway sniper John Allen Muhammad and has seen no evidence that would suggest he should receive a stay of execution."

And The Associated Press has a news update headlined "Va. gov: No reason to stop sniper execution."
Posted at 02:40 PM by Howard Bashman



"Provocative docket raises hackles over animals, religion": Online at the First Amendment Center, Tony Mauro has a news analysis that begins, "Fighting for the First Amendment often makes for odd bedfellows. In pending cases for the coming Supreme Court term, free-speech advocates find themselves on the side of corporations seeking to influence elections, creators of videos depicting animal cruelty and, oh, yes, bankruptcy lawyers. All in a day's work."
Posted at 02:37 PM by Howard Bashman


"The Supreme Court's New Portrait": Kate Phillips has this post at "The Caucus" blog of The New York Times.
Posted at 02:00 PM by Howard Bashman


"Cross Dispute Takes Attorney on an Unexpected Journey": In yesterday's edition of The Daily Journal of California, Lawrence Hurley had an article that begins, "When Los Angeles-based American Civil Liberties Union lawyer Peter J. Eliasberg first heard about a controversial cross erected on federal land, it didn't seem like a case that would end up at the U.S. Supreme Court. They never do. But 10 years later, Eliasberg is frantically preparing for his first argument before the high court in an Establishment Clause case that is one of the highlights of the term that begins Oct. 5."
Posted at 11:57 AM by Howard Bashman


"Appeals court upholds dismissal of vaccine suit": The Associated Press has a report that begins, "A federal appeals court has ruled that members of the military can be required to be vaccinated against anthrax."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:37 AM by Howard Bashman



"Cases to test time limits on lawsuits; Surgical sponges discovered years after surgery": Yesterday in The Austin American-Statesman, Chuck Lindell had this article about two cases now pending before the Supreme Court of Texas.
Posted at 11:24 AM by Howard Bashman


Second Circuit issues opinion explaining why Debevoise & Plimpton LLP will be allowed to serve as counsel to Metropolitan Life Insurance Co. in defending a class action alleging that policyholders were misled and shortchanged in that company's demutualization: You can access today's opinion of the U.S. Court of Appeals for the Second Circuit at this link.

Earlier coverage from law.com appeared in articles headlined "$8 Billion Class Action Against MetLife Stalled as Members Press to Disqualify Debevoise" and "MetLife, Class Present Final Arguments to 2nd Circuit on Disqualification of Debevoise."
Posted at 11:17 AM by Howard Bashman



"Young strippers from Cheetah win court case": Bill Rankin has this article today in The Atlanta Journal-Constitution.

You can access yesterday's ruling of the Supreme Court of Georgia at this link.
Posted at 08:32 AM by Howard Bashman



"Free speech vs. animals: The Supreme Court should rule that filmed depictions of animal cruelty are protected under the 1st Amendment." Yesterday's edition of The Los Angeles Times contained this editorial.
Posted at 08:20 AM by Howard Bashman


"Guantanamo Deadline May Be Missed": This article appears today in The New York Times.

And today's edition of The Washington Post contains an editorial entitled "The Meaning of Freedom: Why the Supreme Court should step in to decide the latest detention controversy" and an op-ed by Benjamin Wittes entitled "Obama's Dick Cheney Moment."
Posted at 08:14 AM by Howard Bashman



"The Old Secular Cross? High Court to Consider Issue of Church-State Separation." Robert Barnes has this front page article today in The Washington Post. He also has a related article headlined "For Couple, Memorial Became a Mission."
Posted at 08:07 AM by Howard Bashman


"The Art of the Steal: The Untold Story of the Barnes Foundation." Today in The Wall Street Journal, Julia M. Klein has this article about that new documentary film.

Some recent earlier coverage of the film can be accessed here (from The Philadelphia Inquirer); here (from The New York Times); here (from The Los Angeles Times); and here (from Variety).
Posted at 07:58 AM by Howard Bashman



"Pocket Docket: Supreme Court's New Season; Justices Face an Unusually Diverse Caseload; Some Legal Observers Expect the Conservative Bloc to Overrule Past Opinions." Jess Bravin has this article today in The Wall Street Journal.
Posted at 07:24 AM by Howard Bashman


"Ex-Bush officials face lawsuits over their actions": Mark Sherman of The Associated Press has a report that begins, "High-ranking government officials are usually protected from claims that they violated a person's civil rights. In lawsuits stemming from law enforcement and intelligence efforts after the Sept. 11 attacks, three federal courts have left open the possibility that former Attorney General John Ashcroft and a lieutenant may be held personally liable."
Posted at 07:15 AM by Howard Bashman


Monday, September 28, 2009

"A new push to define 'person,' and to outlaw abortion in the process; Some abortion foes think the rationale for Roe vs. Wade is vulnerable; They're trying to amend state constitutions -- including California's -- to define personhood from conception": This article appears today in The Los Angeles Times.
Posted at 10:48 PM by Howard Bashman


"Supreme Court to consider juvenile 'lifers'; Does life without parole for minors who didn't kill constitute cruel and unusual punishment?" David G. Savage has this article today in The Los Angeles Times.
Posted at 10:47 PM by Howard Bashman


"Judicial pay disparity drains talent from federal bench; Vacancies are rising as district judges reluctantly resign lifetime appointments to better provide for their families": Carol J. Williams had this article yesterday in The Los Angeles Times.
Posted at 10:45 PM by Howard Bashman


"Ninth Circuit Law Clerks Get Surprise Visitor": Office of the Circuit Executive of the U.S. Court of Appeals for the Ninth Circuit has posted online this item.
Posted at 08:57 PM by Howard Bashman


"Dressed in pinstripes, Supreme Court justice Sonia Sotomayor achieves another major first": The Newark (N.J.) Star-Ledger had this report on Saturday evening. The newspaper has also posted related photographs online here and here.

And via YouTube, you can access video footage from The Associated Press titled "Sotomayor Throws Out First Pitch."
Posted at 08:24 PM by Howard Bashman



"SJC sharply limits youth curfew law; Bars criminal charge, allows civil penalty": In Saturday's edition of The Boston Globe, Jonathan Saltzman had an article that begins, "The state's highest court yesterday struck down a provision in a Lowell ordinance that made it a crime for children under 17 to violate a curfew, a ruling expected to affect other Massachusetts communities that have adopted or are considering similar local laws."

And The Associated Press reports that "Mass. court rejects criminal side of teen curfew."

You can access last Friday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 08:17 PM by Howard Bashman



"Jeffrey Lamken Leaving Baker Botts to Launch Boutique Firm": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 08:12 PM by Howard Bashman


"Suspect in Illinois Bomb Plot 'Didn't Like America Very Much'": Today's edition of The New York Times contains this profile of the man charged with plotting to blow up the federal building in Springfield, Illinois.
Posted at 08:07 PM by Howard Bashman


"High Cost of Death Row": This editorial appears today in The New York Times.
Posted at 08:05 PM by Howard Bashman


"The Case of the Plummeting Supreme Court Docket": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:00 PM by Howard Bashman


Sunday, September 27, 2009

And speaking of books about the U.S. Supreme Court: November 10, 2009 is scheduled to be the official publication date of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia."
Posted at 12:40 PM by Howard Bashman


"Supreme Courtship": In the Sunday Book Review section of today's edition of The New York Times, Emily Bazelon has this review of law professor Barry Friedman's new book, "The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution."
Posted at 12:33 PM by Howard Bashman


"Blogger to be back in court; Former Mills High student's suit before U.S. appeals panel": Today's edition of The Waterbury (Conn.) Republican American contains an article that begins, "Avery Doninger will soon return to the 2nd U.S. Circuit Court of Appeals with the right of students across the country to speak their minds in blogs and text messages at stake."
Posted at 12:27 PM by Howard Bashman


"Empty benches": This editorial, encouraging the confirmation of more federal judges, appeared yesterday in The Philadelphia Inquirer.
Posted at 12:20 PM by Howard Bashman


"Supreme Court faces decisions on two key terror cases": Michael Doyle and Marisa Taylor of McClatchy Newspapers have this report.
Posted at 12:18 PM by Howard Bashman


Saturday, September 26, 2009

"Justice Sotomayor's toss down the middle": The Associated Press has a report that begins, "Sonia Sotomayor was right down the middle with her ceremonial pitch at Yankee Stadium."

MLB.com has a report, featuring video, headlined "Justice Sotomayor throws out first pitch; Molina catches lifelong Yankees fan ceremonial throw."

And at the "Bats" blog of The New York Times, Jack Curry has a post titled "Justice Sotomayor Throws Out First Pitch."
Posted at 09:14 PM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Corporate Disputes Dominate the Docket as a New Justice Joins the Court."

And Marcia Coyle reports that "High Court Justices to Take Up Lawyer Ethics, Errors; Six cases on the calendar will have direct consequences for the practice of law."
Posted at 04:50 PM by Howard Bashman



"AP sources: Gitmo closing goal of Jan. may slip." The Associated Press has this report.
Posted at 02:30 PM by Howard Bashman


"In Richmond court, Moussaoui lawyers argue for new trial": Frank Green has this article today in The Richmond Times-Dispatch.
Posted at 02:27 PM by Howard Bashman


In commentary available online at FindLaw: Julie Hilden has an essay entitled "Should Lawyers Be Allowed to Blog Critically About Judges?"

And Laura Hodes has an essay entitled "Schools' Suits Against Students Who Mock Them Online."
Posted at 02:18 PM by Howard Bashman



"Two-tiered justice for terror suspects? The detainees at Guantanamo deserve their day in court." The Los Angeles Times contains this editorial today.
Posted at 01:42 PM by Howard Bashman


"Illinois Supreme Court: Wills can use religious tests; Jewish family restricted inheritance based on which heir married within their religion." This article appeared yesterday in The Chicago Tribune.

My earlier coverage of the ruling appears at this link.
Posted at 01:40 PM by Howard Bashman



"Carlos Moreno, California high court justice, is raising his profile; The justice's opposition to Proposition 8, a bold move for someone being considered for a seat on the U.S. Supreme Court, may signal a departure from the middle of the road": Maura Dolan has this article today in The Los Angeles Times.

According to the article, "Moreno has declined to be considered for the U.S. 9th Circuit Court of Appeals, an intermediate court where judges have lifetime tenure. He said he would not leave the state's top court for any court except the U.S. Supreme Court."
Posted at 01:32 PM by Howard Bashman



Friday, September 25, 2009

"Judge Orders Gmail Account Deactivated After Bank Screws Up": At Wired.com's "Threat Level" blog, Kim Zetter has a post that begins, "A California federal judge has ordered Google to temporarily de-activate a Gmail account after a bank mistakenly sent sensitive data to the account."

And Online Media Daily reports that "Judge Orders Google To Deactivate User's Gmail Account."

I have posted online at this link the temporary restraining order that the U.S. District Court for the Northern District of California issued in the case on Wednesday.

Today, however, Google and the bank filed a joint motion stating that the case is now moot and asking the federal district court to vacate the temporary restraining order so that Google could reactivate the email account in question.
Posted at 08:42 PM by Howard Bashman



"Government Files Notice of Appeal in Lori Drew Case": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 08:10 PM by Howard Bashman


"Vinson & Elkins Snags Elwood for Its Appellate Practice": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:35 PM by Howard Bashman


"US Appeals Court Affirms AstraZeneca Win On Seroquel Patent": Brent Kendall of Dow Jones Newswires has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 02:47 PM by Howard Bashman


"In Richmond court, Sept. 11 plotter seeks new trial": Frank Green of The Richmond Times-Dispatch has a news update that begins, "Lawyers for convicted Sept. 11 plotter Zacarias Moussaoui were back in a federal appeals court in Richmond again this morning trying to win a new trial."

And The Associated Press has a report headlined "Lawyer: Sept. 11 conspirator deserves new trial."

As I noted in this post from July 2009, a new appellate oral argument was necessitated by the retirement of former Fourth Circuit Chief Judge Karen J. Williams.
Posted at 02:15 PM by Howard Bashman



"Ginsburg released from hospital, back to work": Mark Sherman of The Associated Press has a report that begins, "Supreme Court Justice Ruth Bader Ginsburg, who had cancer surgery earlier this year, planned a quick return to work Friday after feeling ill at the office and spending the night in a Washington hospital as a precaution."
Posted at 11:58 AM by Howard Bashman


In the current issue of The Harvard Law Record: The publication contains articles headlined "Souter looks beyond Supreme Court; Recently retired Supreme Court Justice looks ahead to future";

"222 years later, constitution scholars find little to celebrate in founding document; Constitution Day panel bemoans document's 'ossified', 'anachronistic', 'anti-democratic' principles";

"Solicitors General analyze Kagan's new role; Former Dean visits HLS on heels of first arguments as S.G."; and

"'I am Troy Davis': Georgia man fights for justice from death row; Supreme Court litigation yields examination of Georgia death row inmate's innocence."

The first two of these articles pertain to Harvard Law School's celebration of Constitution Day. The law school has posted online a related news release headlined "On Constitution Day, celebrating--and evaluating--our founding document; Feldman and Souter discuss models of judicial decision-making." You can view online the Feldman-Souter discussion by clicking here (beginning at the one hour and twenty minute mark, preceded by the discussion among constitutional scholars of that document's supposed flaws).
Posted at 09:38 AM by Howard Bashman



"Regulator on Fees: Hands Off, Courts; Fund-Industry Reforms Are Questioned." Today's edition of The Wall Street Journal contains an article that begins, "One of the top mutual-fund regulators said Thursday that he is concerned about courts having more say in whether fees are too high. With the Supreme Court due to hear arguments in a fund-fees case on Nov. 2, Securities and Exchange Commissioner Troy Paredes said that if a fee has been negotiated in 'good faith' between a fund's manager and its board, it would be wrong for judges to look for reasons why that fee is too high."
Posted at 09:32 AM by Howard Bashman


"Preview of Major Business Cases in Supreme Court's 2009-2010 Term": BusinessWeek provides this report.
Posted at 09:25 AM by Howard Bashman


"Heart of Darkness? Inside the Supremes' new term." Dahlia Lithwick will have this essay in the October 5, 2009 issue of Newsweek.
Posted at 09:20 AM by Howard Bashman


"Conn. land vacant 4 years after court OK'd seizure": The Associated Press has a report that begins, "Weeds, glass, bricks, pieces of pipe and shingle splinters have replaced the knot of aging homes at the site of the nation's most notorious eminent domain project."
Posted at 09:14 AM by Howard Bashman


"Sotomayor says Obama's job offer set her heart racing; Newest Supreme Court justice recalls suspense, thrill of big day": Joan Biskupic has this article today in USA Today.

Robert Barnes of The Washington Post reports that "Sotomayor Describes Day of Selection for C-Span; Interview Is Part of Series on Supreme Court."

And Jesse J. Holland of The Associated Press reports that "Sotomayor got lost on way to White House."

I linked to the relevant C-SPAN video clip in this post from last night.
Posted at 08:57 AM by Howard Bashman



"Justice Ginsburg Is Hospitalized As Precaution": Robert Barnes has this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage reports that "Justice Ginsburg hospitalized after feeling faint; The 76-year-old underwent surgery for pancreatic cancer in February and had received intravenous iron therapy earlier in the day; She joined the Supreme Court in 1993."
Posted at 08:54 AM by Howard Bashman



"Lawyer Has No First Amendment Right to Wear Hat in Court, Federal Judge Decides": law.com provides this report.
Posted at 08:50 AM by Howard Bashman


"White House Regroups on Guantanamo; Counsel Craig Replaced as Point Man on Issue as Deadline for Closing Looms": This front page article appears today in The Washington Post.

And over the past few days, Carol Rosenberg of The Miami Herald has written articles headlined "Judge OKs Guantanamo detention of Algerian"; "9/11 mastermind: 'Allah,' not lawyers, will protect me; Khalid Sheik Mohammed, who has bragged about his role in the Sept. 11 attacks, has asked to dismiss his ACLU lawyers and face his death-penalty case alone"; and "More delays, torture claims at Guantanamo war court."
Posted at 08:45 AM by Howard Bashman



Thursday, September 24, 2009

"When Sotomayor Got the White House Phone Call": Tonight at "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "In what appears to be her first press interview since becoming a Supreme Court justice, Sonia Sotomayor said she waited for 12 hours to get the Memorial Day phone call from President Obama confirming his plan to appoint her to the Supreme Court."

C-SPAN has posted online at this link a video segment titled "Justice Sotomayor On The Call From President Obama."
Posted at 11:10 PM by Howard Bashman



"Other states watching Ark. lethal injection case": The Associated Press has a report that begins, "An attorney for four Arkansas death row inmates who are challenging the state's lethal injection procedure told a federal appeals court panel Thursday that even with new methods in place, the process can cause pain and suffering."

You can access here (16.8MB mp3 audio file) and here (15.2MB mp3 audio file) the two oral arguments on this subject that the U.S. Court of Appeals for the Eighth Circuit heard today.
Posted at 10:45 PM by Howard Bashman



"Judicial Selection and Judicial Choice": Kevin M. Scott and Wendy L. Martinek have posted online at SSRN this paper, in which they "empirically investigate whether [lower federal court] judges who were considered more controversial during their confirmation process are more ideologically-driven in their voting behavior than other (less controversial) judges." (Via "Legal Theory Blog.")
Posted at 10:38 PM by Howard Bashman


"AstraZeneca loses price inflation lawsuit appeal": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 10:28 PM by Howard Bashman


After hearing oral argument en banc today in Nordyke v. King, the Ninth Circuit has vacated its submission of that case pending whether the U.S. Supreme Court will grant review of one or more other cases raising the same Second Amendment issue: You can access today's post-oral argument order of the U.S. Court of Appeals for the Ninth Circuit vacating the submission of the case at this link.

You can download the audio of today's en banc oral argument via this link (9.00MB Windows Media audio file).

In coverage of today's en banc oral argument, Bob Egelko of The San Francisco Chronicle has a news update headlined "Court considers county's right to regulate guns."

Josh Richman of The Oakland Tribune has a news update headlined "Appeals court grapples with gun rights in East Bay case."

And at his "Taking Liberties" blog hosted by CBSNews.com, Declan McCullagh has a post titled "Appeals Court Weighs Gun Rights Lawsuit."
Posted at 10:15 PM by Howard Bashman



"9/11 Wrongful-Accusation Suit Settled": Friday's edition of The New York Times will contain an article that begins, "The United States government has paid $250,000 to settle a lawsuit by an Egyptian man who had been wrongly suspected of assisting the 9/11 hijackers with a two-way aviation radio that a security guard claimed was found in the man's hotel room overlooking the World Trade Center."

And The Associated Press reports that "FBI pays wrongly detained Egyptian man $250,000."

My earlier coverage of the Abdallah Higazy case can be accessed via this link. Coverage from others can be accessed via this link.

In addition, the November 5, 2007 installment of my "On Appeal" column for law.com was headlined "Court Learns Best Way to Keep a Secret Is Not by Posting It on the Internet."
Posted at 08:54 PM by Howard Bashman



"Justice Ginsburg hospitalized after feeling faint": The Associated Press has a report that begins, "Supreme Court Justice Ruth Bader Ginsburg was hospitalized Thursday after becoming ill in her office at the court." The AP has also posted online the "Court statement about Justice Ruth Bader Ginsburg."

Robert Barnes of The Washington Post has a blog post titled "Justice Ginsburg at Washington Hospital Center."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Ginsburg Hospitalized."

And at "SCOTUSblog," Lyle Denniston has a post titled "Justice Ginsburg in hospital."
Posted at 08:28 PM by Howard Bashman



"Panel Previews Upcoming Supreme Court Term": Daniel Newhauser has this post at "The BLT: The Blog of Legal Times."
Posted at 06:11 PM by Howard Bashman


"Illinois Supreme Court: Provena Covenant Medical Center, Illinois Department of Revenue square off over tax-exempt status; Urbana hospital says legislature should decide standard for charity care." This article appears today in The Chicago Tribune.
Posted at 04:53 PM by Howard Bashman


"Court: Westboro protest at local Marine's funeral was protected free speech." The York (Pa.) Daily Record has this news update.

The Associated Press reports that "Court nixes $5M verdict against funeral protesters."

And The Maryland Daily Record has a news update headlined "Funeral protesting Westboro Baptist wins on appeal."

My earlier coverage of today's Fourth Circuit ruling appears at this link.
Posted at 04:18 PM by Howard Bashman



"Decatur man charged for trying to blow up Springfield federal building": The State Journal-Register of Springfield, Illinois has a news update that begins, "A 29-year-old Decatur man arrested on charges of attempted murder of federal employees and attempting to use explosives to detonate a vehicle bomb at the federal building downtown Springfield had his first court appearance this afternoon at that very building."

And The Associated Press reports that "Man charged with plot to bomb Ill. courthouse."
Posted at 03:24 PM by Howard Bashman



"Panel: Blogs, help, don't hinder First Amendment." This article, in which I am both mentioned and photographically depicted, appears online today at The West Virginia Record.
Posted at 03:15 PM by Howard Bashman


"Ill. high court OKs 'Jews only' inheritance": The Associated Press has a report that begins, "Proud of his religion and worried about its future, Chicago dentist Max Feinberg wrote a will with an unusual catch: His grandchildren wouldn't inherit a penny if they married someone who wasn't Jewish. His decision led to family feuds, lawsuits, countersuits and, on Thursday, an unanimous ruling by the Illinois Supreme Court that Feinberg and his wife were within their rights to disinherit any grandchildren who married outside the faith."

You can access today's ruling of the Illinois Supreme Court at this link.
Posted at 03:14 PM by Howard Bashman



BREAKING NEWS -- "Court overturns WBC judgment" in military funeral protest case: The Topeka Capital-Journal has a news update that begins, "A civil lawsuit won by the father of a fallen Marine against members of the Westboro Baptist Church was overturned by an appeals court in Virginia on Thursday. With that, the $5 million judgement and lien on the church's building and law firm has been dismissed."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit, overturning the judgment on First Amendment grounds by a 2-1 vote, at this link. The third judge on the panel would have overturned the judgment on non-constitutional grounds.
Posted at 03:02 PM by Howard Bashman



"One of four justices honored with stamp is a local Story": The Salem News of Beverly, Massachusetts contains this article today.
Posted at 07:45 AM by Howard Bashman


"Clarence Thomas to speak at W&L's Lincoln conference": This article appears today in The News Leader of Staunton, Virginia.
Posted at 07:44 AM by Howard Bashman


"Redskins litigants press Supreme Court action": Indian Country Today provides this report.
Posted at 07:42 AM by Howard Bashman


"Court to hear challenge to gun show ban": Bay City News has a report that begins, "A long-running challenge to Alameda County's ban on gun shows at the annual county fair in Pleasanton will go before a federal appeals court in San Francisco on Thursday."

And at the "Taking Liberties" blog of CBS News, Declan McCullagh has a post titled "Appeals Court To Consider Key Gun Rights Question."

On page two of this PDF document, you will find the names of the eleven judges who will participate in today's rehearing en banc of this case in the U.S. Court of Appeals for the Ninth Circuit.

When that court posts online the audio of today's oral argument, I'll publish a new post linking to it.
Posted at 07:40 AM by Howard Bashman



"Bush's wiretapping goes to court in S.F." Bob Egelko has this article today in The San Francisco Chronicle.

And The Associated Press reports that "Judge mulling Islamic charity wiretap lawsuit."
Posted at 07:18 AM by Howard Bashman



Wednesday, September 23, 2009

"Supreme Court to weigh depictions of animal cruelty; In a case that pits free-speech defenders against animal rights activists, the justices will consider whether the 1st Amendment should protect depictions of animals being hurt": David G. Savage has this article today in The Los Angeles Times.
Posted at 10:40 PM by Howard Bashman


"Courts Wrestle With Searches When the Evidence Is Digital": John R. Emshwiller will have this article Thursday in The Wall Street Journal about a recent en banc ruling of the U.S. Court of Appeals for the Ninth Circuit.

You can access the full text of the article via Google News.

My earlier coverage of this en banc ruling can be accessed here.
Posted at 10:38 PM by Howard Bashman



"Administration Won't Seek New Detention System": Thursday's edition of The Washington Post will contain an article that begins, "The Obama administration has decided not to seek legislation to establish a new system of preventive detention to hold terrorism suspects and will instead rely on a 2001 congressional resolution authorizing military force against al-Qaeda and the Taliban to continue to detain people indefinitely and without charge, according to administration officials."
Posted at 10:32 PM by Howard Bashman


"Attorneys seek to have convictions voided in videotaped sex assault; Lawyers say key evidence was excluded in a sensational Orange County case involving a former assistant sheriff's son and two companions": The Los Angeles Times has a news update that begins, "Attorneys for three men convicted in Orange County 4 1/2 years ago of sexually assaulting an apparently unconscious 16-year-old girl while videotaping the incident asked a state appeals court Wednesday to toss out the convictions."

Earlier, today's edition of The Orange County Register previewed the appellate oral argument in an article headlined "Ex-official's son wants sex offender label lifted; Greg Haidl and 2 others will ask court Wednesday to overturn convictions."
Posted at 10:28 PM by Howard Bashman



"Obama Stands Behind 'State Secrets' in Spy Case": This evening at Wired.com's "Threat Level" blog, David Kravets has a post that begins, "Hours after the Justice Department announced it would limit its use of the state secrets privilege in new cases, the administration appeared before a federal judge here Wednesday and continued to invoke that defense in a closely watched spy case."
Posted at 10:17 PM by Howard Bashman


Available online via SSRN: Law professor David R. Stras has posted online an article titled "The Supreme Court's Declining Plenary Docket: A Membership-Based Explanation."

Law professor Robert G. Bone has an article titled "Plausibility Pleading Revisited and Revised: A Comment on Ashcroft v. Iqbal."

And Brandice Canes-Wrone, Tom S. Clark, and Jee-Kwang Park have an article titled "Judicial Independence and Retention Elections."

Thanks to "Legal Theory Blog" for bringing these article to my attention.
Posted at 08:17 PM by Howard Bashman



"Law Shielding Cops Faces Court Challenge": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A Florida man facing a year in jail for the online posting of a local police officer's phone number and address is challenging the 37-year-old state law on First Amendment grounds."
Posted at 07:48 PM by Howard Bashman


"Bank snafu sets up Gmail privacy clash": Howard Mintz has this article today in The San Jose Mercury News.

My earlier coverage appears at this link.
Posted at 07:44 PM by Howard Bashman



"Justice Sotomayor and Baseball": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

My earlier coverage appears at this link.
Posted at 07:32 PM by Howard Bashman



"High Court Docket Could Hold Big Surprises; No obvious blockbusters are expected, but sometimes unremarkable cases turn out to be remarkable": Daniel Fisher has this commentary at Forbes.com.
Posted at 06:00 PM by Howard Bashman


"David Lat Interviews Steve Brill": The ABA Journal has posted online this item, featuring video links.

A related post at the ABA Journal's "Law News Now" blog is titled "Ever the Tough Editor, Am Law Founder Hits Publication's Websites."

If one of Brill's points is that law.com web sites should be more like "Above the Law," it is ironic that for quite some time Google News has been attributing law.com articles to "Above the Law," as the example revealed by clicking here confirms.
Posted at 05:50 PM by Howard Bashman



"Hot-Button Education Appeals Pending in Supreme Court": Mark Walsh has this post today at "The School Law Blog" of Education Week.
Posted at 05:35 PM by Howard Bashman


"Why Brooklyn jury will hear case of threats vs. 3 Illinois judges": The past Sunday's edition of The New York Daily News contained an article that begins, "The country-crossing trial will be held here because Judge Donald Walter granted a defense request to move the trial of radio show host and blogger Harold (Hal) Turner from Chicago. Defense lawyers said Turner couldn't get a fair trial in the same courthouse where the three targeted judges work."

law.com reports that "Trial of Blogger Who Threatened 7th Circuit Judges Moves to N.Y."

And earlier this month, in related commentary, Gene Policinski -- vice president and executive director of the First Amendment Center -- had an op-ed entitled "When do words of a rapper or blogger become threats?"
Posted at 02:27 PM by Howard Bashman



"Fla. court hears alleged tainted legal fees case": The Associated Press has a report that begins, "In a case watched closely by defense attorneys nationwide, federal prosecutors urged a skeptical appeals court panel on Wednesday to reinstate a money-laundering conspiracy charge against a prominent lawyer accused of illegally accepting more than $5 million in tainted legal fees from a Colombian cocaine baron."

And at the "Southern District of Florida Blog," David Oscar Markus has a post titled "Blogging the Ben Kuehne argument in the 11th Circuit."
Posted at 02:14 PM by Howard Bashman



"Talking about the future: Panel discusses bloggers and the First Amendment." This article, in which I am mentioned, appears today in The Parthenon, which is the student newspaper of Marshall University.
Posted at 01:50 PM by Howard Bashman


Tuesday, September 22, 2009

"New stamps for 4 Supreme Court justices": The Associated Press has this report.
Posted at 08:30 PM by Howard Bashman


"Death penalty upheld in ND college student slaying": The Associated Press has a report that begins, "A federal appeals court on Tuesday upheld the death sentence of a convicted rapist for the 2003 kidnapping and killing of a University of North Dakota student in a case that led Minnesota and North Dakota to toughen their sex-offender laws."

And The Grand Forks Herald has a news update headlined "Prosecutors: Glad, not surprised Rodriguez death sentence appeal denied."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 08:27 PM by Howard Bashman



"Abercrombie's appeal in MOA autism case thrown out on mail glitch": Today's edition of The Minneapolis Star Tribune contains an article that begins, "Abercrombie & Fitch's appeal of a $115,264 fine for discriminating against a disabled teenage customer was thrown out last week because the company failed to send a document by certified mail."

And Minnesota Public Radio reports that "Abercrombie loses appeal in discrimination case."
Posted at 05:35 PM by Howard Bashman



"Now pitching for Yankees: Justice Sotomayor." The Associated Press has this report.

Joan Biskupic of USA Today has a news update headlined "MLB savior and judge Sotomayor to throw out ceremonial pitch."

The New York Daily News has an update headlined "Supreme Court judge Sonia Sotomayor to throw out first pitch before Saturday's Yankees, Red Sox game."

MLB.com reports that "Yankees to welcome Sotomayor, Martinelli; Supreme Court justice, Panama prez to throw first pitches."

And the New York Yankees today issued a press release headlined "Yankees Welcome United States Supreme Court Justice Sonia Sotomayor to Throw Out Ceremonial First Pitch as Part of Hispanic Heritage Month."

My earlier coverage of U.S. Supreme Court Justices' throwing out the first pitch at a major league baseball game can be accessed here, here, and here.
Posted at 05:20 PM by Howard Bashman



In the October 2009 issue of ABA Journal magazine: Richard Brust has the cover story headlined "No More Kabuki Confirmations: There are better ways to vet a Supreme Court nominee."

David G. Savage has an article headlined "Sotomayor Takes Her Seat; First Amendment, legal advice cases on new term's docket."

Anna Persky Stolley has an article headlined "Shedding Tiers -- Look out, Harvard: Seton Hall grad makes it to clerk status."

And Mark Hansen has an article headlined "True Lies: Cutting-edge technology has renewed the search for a better lie detector; Some show promise, but they have yet to be tested in court."
Posted at 05:04 PM by Howard Bashman



"Bank Sends Sensitive E-mail to Wrong Gmail Address, Sues Google": At Wired.com's "Threat Level" blog, Kim Zetter has a post that begins, "A Wyoming bank sent an e-mail containing sensitive customer data to the wrong Gmail account, and now wants Google to reveal the identity of the account holder who received the data."

And Information Week reports that "Lawsuit Tied To Bank Gmail Error Can't Be Secret, Judge Says; A lawsuit seeking to identify a Gmail user who accidentally received confidential bank information must proceed in public."

You can access last Friday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 10:22 AM by Howard Bashman



"Court, 4-3, Upholds Paterson's Appointment of Lieutenant Governor": The "City Room" blog of The New York Times has a post that begins, "In a stunning reversal, New York State's highest court on Tuesday upheld Gov. David A. Paterson's authority to appoint a lieutenant governor. Though the decision was divided -- four judges agreed that Mr. Paterson exercised proper authority while three said he did not -- it was unambiguous in its affirmation of the governor's authority."

You can access today's ruling of the Court of Appeals of New York -- that State's highest court -- at this link.
Posted at 09:50 AM by Howard Bashman



"O'Connor urges W.Va. to stop electing judges": The Charleston (W. Va.) Daily Mail contains this article today.

And The Associated Press has a report headlined "Appoint judges, O'Connor tells W.Va."

In somewhat related news, I'm in Huntington, West Virginia today to participate in a panel discussion at 2 p.m. eastern time titled "Blogging and the potential limits of the First Amendment" moderated by Chief Justice Brent D. Benjamin of the Supreme Court of Appeals of West Virginia.

The event will occur at Marshall University's Joan C. Edwards Performing Arts Center and is open to the public. Scheduled as my co-panelists are Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press; Gene Policinski, vice president and executive director of the First Amendment Center at Vanderbilt University; Kevin Qualls, attorney and Professor of Media Law at Murray State University in Kentucky; and Dr. Corley Dennison, dean of Marshall University's W. Page Pitt School of Journalism and Mass Communications.

According to this news release, "The panel discussion will be streamed live on Marshall University's Web site and televised live [locally] on Comcast Channel 25."
Posted at 08:03 AM by Howard Bashman



"States Can Sue Utilities Over Emissions": This article appears today in The New York Times.

The Associated Press reports that "Pollution lawsuit against power companies revived."

Reuters reports that "U.S. court reinstates emissions suit vs. utilities."

And Dow Jones Newswires report that "US appeals court reinstates global warming lawsuits."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 07:45 AM by Howard Bashman



"First hearings in new British Supreme Court shrouded in secrecy": The Times of London provides this report.
Posted at 07:38 AM by Howard Bashman


"The Rights of Corporations": Today's edition of The New York Times contains an editorial that begins, "The question at the heart of one of the biggest Supreme Court cases this year is simple: What constitutional rights should corporations have?"

And The Boston Globe today contains an editorial entitled "Corporations aren't people yet."
Posted at 07:35 AM by Howard Bashman



"Lawsuit challenges Snowbowl snowmaking on environmental grounds": This article appears today in The Arizona Daily Sun.

And The Associated Press has a report headlined "Lawsuit aims to stop expansion at Snowbowl; Critics: Forest Service didn't consider health risks from man-made snow."
Posted at 07:32 AM by Howard Bashman



Monday, September 21, 2009

Available online from law.com: Marcia Coyle reports that "Judicial Campaign Speech Case May Be Destined for Supreme Court; Wisconsin justice faces sanctions for ad that may have gone too far."

And an article reports that "With 9th Circuit Set to Hear Firearms Case En Banc, Calif. AG Walks Line on Gun Control."
Posted at 11:28 PM by Howard Bashman



In news coverage pertaining to Guantanamo: Carol Rosenberg of The Miami Herald has news updates headlined "Guantanamo judge delays 9/11 case until Nov. 16" and "Alleged 9/11 perpetrator studying Vietnam War atrocity film."

And today at "SCOTUSblog," Lyle Denniston has posts titled "No quick ruling on military trials" and "Early look at detainees' case."
Posted at 11:08 PM by Howard Bashman



"Former Supreme Court Justice discusses judicial reform in Morgantown": West Virginia Public Broadcasting has a report that begins, "Sandra Day O'Connor attended a meeting about reforming the way West Virginia selects its Supreme Court Justices and other judges."
Posted at 11:02 PM by Howard Bashman


Female genital mutilation case produces 5-5 vote on denial of rehearing en banc from the U.S. Court of Appeals for the Fourth Circuit: You can access today's order denying rehearing en banc, and the opinions concurring in and dissenting from that denial, at this link.

The original three-judge panel's ruling in this case can be accessed here.
Posted at 10:47 PM by Howard Bashman



"The Cert Pool: Sotomayor Joins It, Lawyers Attack It." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 10:20 PM by Howard Bashman


Greetings from Huntington, West Virginia: Where my hotel is located a mere half-block away from the nearest Five Guys Burgers and Fries.
Posted at 10:17 PM by Howard Bashman


"Justice Souter Debates the Relevancy of the Constitution": C-SPAN has posted online this video.
Posted at 12:24 PM by Howard Bashman


"Sept. 11 mastermind due back in Gitmo court": The Associated Press has this report.

And today in The Miami Herald, Carol Rosenberg reports that "4 civilian prosecutors' offices vie for 9/11 case."
Posted at 12:20 PM by Howard Bashman



"Did lawyer crash courthouse groundbreaking photo? Judge said he's mystified about why lawyer got into the shot." Friday's edition of The Austin American-Statesman contained this article.

Additional coverage is available in this post from "Above the Law."
Posted at 07:50 AM by Howard Bashman



"WV Supreme Court set to hear cases in Huntington": This article, in which I am mentioned, appears today in The Herald-Dispatch of Huntington, West Virginia. I'll be traveling to Huntington later today in connection with an event titled "Blogging and the potential limits of the First Amendment," scheduled for tomorrow afternoon. More details about the event can be accessed via this earlier post.

And in other news from West Virginia, "O'Connor to attend WVa judicial study meeting."
Posted at 07:44 AM by Howard Bashman



"Complaint against lawyer McKenna winding through R.I. courts while penalties mushroom": The Providence (R.I.) Journal today contains an article about the lawyer who, among other things, "unsuccessfully challenged then-Supreme Court Chief Justice Frank J. Williams' right to lead the judiciary while also sitting on a military review panel set up to hear appeals by detainees at Guantanamo Bay."
Posted at 07:40 AM by Howard Bashman


"Supreme Court case over firefighter promotion exam tests Westchester firm, founder; When New Haven, Conn., firefighters sued for alleged reverse discrimination, the test designed by Industrial/Organizational Solutions landed in the spotlight": This article appeared yesterday in The Chicago Tribune.
Posted at 07:38 AM by Howard Bashman


"Supreme Court justice visits School of Law": Today's edition of The Daily Northwestern contains an article that begins, "Trading her black robe for a black shawl, Supreme Court Justice Ruth Bader Ginsburg shared her vast knowledge of American politics and legal lore at Northwestern Law School on Tuesday as part of the Howard J. Trienens Visiting Judicial Scholar program."

And the law school's web site contains a news release (featuring a video report) headlined "Ginsburg Holds Court: Ruth Bader Ginsburg talks about her life, the law and her hope for law students." You can download the audio of Justice Ruth Bader Ginsburg's question-and-answer session via this link (54.1MB mp3 audio file).
Posted at 07:35 AM by Howard Bashman



"How Brandeis, Revered or Hated, Became a Giant of the Supreme Court": Adam Liptak has this book review today in The New York Times.
Posted at 07:28 AM by Howard Bashman


Sunday, September 20, 2009

"Federal Appeals Court Voids Campaign Finance Reform Rules": This article appeared yesterday in The Washington Post.

And yesterday's edition of The New York Times contained an article headlined "Court Backs Outside Groups' Political Spending."

My earlier coverage of Friday's D.C. Circuit ruling appears here and here.
Posted at 03:08 PM by Howard Bashman



"Leaks Questions Slow Reporter Shield Law": Yesterday's edition of The Washington Post contained an article that begins, "A congressional push to enact a federal shield law for journalists is being held up by disagreement with the Justice Department on how to deal with cases that involve leaked national security information, congressional and media sources say."
Posted at 03:04 PM by Howard Bashman


"US lawyers defend letter of gay marriage ban": Yesterday in The Boston Globe, Jonathan Saltzman and Martin Finucane had an article that begins, "Justice Department lawyers are reluctantly defending a law that bars the federal government from recognizing same-sex marriages, making their legal arguments in a Boston court while pointing out that the Obama administration opposes the measure."
Posted at 02:57 PM by Howard Bashman


"Battle Looms Over the Patriot Act": Charlie Savage has this article today in The New York Times.
Posted at 01:48 PM by Howard Bashman


"Marshall University Panel to Ponder Blogging and the 1st Amendment; The discussion will look at when and how the First Amendment applies to people who blog": WVNS-TV 59 of Beckley, West Virginia has this report previewing a panel presentation that I'll be participating in on Tuesday in Huntington, West Virginia.

According to a Marshall University news release headlined "West Virginia Supreme Court of Appeals to convene at Marshall University as part of Constitution Week," the panel presentation I'm participating in at 2 p.m. eastern time will take place "in the Joan C. Edwards Performing Arts Center and is open to the public" and will also be streamed live via the university's web site.
Posted at 01:14 PM by Howard Bashman



"Plaintiffs Groups Mount Effort to Undo Supreme Court's 'Iqbal' Ruling": Tony Mauro has this article online at law.com.
Posted at 11:07 AM by Howard Bashman


Saturday, September 19, 2009

"Is a second execution attempt cruel and unusual? A lethal-injection team tried for about two hours to find a usable vein, then gave up; Romell Broom, a convicted rapist-murderer, says another try would be unconstitutional." Carol J. Williams has this article today in The Los Angeles Times.
Posted at 02:44 PM by Howard Bashman


"Governor's prison plan seeks more time to reduce inmate population; Schwarzenegger's proposal is submitted to federal judges Friday evening, only hours before the deadline": This article appears today in The Los Angeles Times.

Howard Mintz and Denis C. Theriault of The San Jose Mercury News report today that "Schwarzenegger's prison reduction plan falls short of court order."

Matthew Yi and Bob Egelko of The San Francisco Chronicle report that "State fails federal demand to cut prisoners."

And The Sacramento Bee reports that "Governor files 'good faith' prisons plan."
Posted at 02:40 PM by Howard Bashman



"Ruling May Weaken Doping Plans in Pro Sports": The New York Times today contains a front page article that begins, "A federal court ruling has jeopardized the National Football League's ability to enforce its drug-testing program and raised significant doubts about the programs of other professional sports in the United States."

My earlier coverage of the Eighth Circuit's ruling can be accessed here.
Posted at 02:33 PM by Howard Bashman



"Free Speech Battle Arises From Dog Fighting Videos": Today in The New York Times, Adam Liptak has a front page article that begins, "The next great First Amendment battle in the Supreme Court concerns, of all things, dogfight videos."
Posted at 02:20 PM by Howard Bashman


Friday, September 18, 2009

"British woman on Texas death row loses federal appeal": The Houston Chronicle has this news update.

And The Associated Press reports that "British woman on Texas death row loses appeal."

You can access yestereday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 05:11 PM by Howard Bashman



"Appeals court overturns campaign finance rules": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Jordan Weissmann has a post titled "D.C. Circuit Strikes Down Campaign Finance Rules."

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 04:55 PM by Howard Bashman



"Court affirms use of chemical terrorism law against Lansdale woman": Today's edition of The Philadelphia Inquirer contains this article reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 04:45 PM by Howard Bashman


"Supreme Court asked to stop 2nd Ohio execution try": The Associated Press has this report.
Posted at 12:14 PM by Howard Bashman


"Signs From the High Court of a More Sensible Use of Appellate Rule 1925": On Monday of this week, The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- published this month's installment of my "Upon Further Review" column.

Because the column may be of interest to attorneys who handle appeals in Pennsylvania state courts, I've posted the text of the column at this link.
Posted at 12:11 PM by Howard Bashman



D.C. Circuit declares unconstitutional several new Federal Election Commission regulations that restrict how non-profits may spend and raise money to advance their preferred policy positions and political candidates: You can access today's ruling, by a partially divided three-judge panel, at this link.
Posted at 10:35 AM by Howard Bashman


"SJC OK's secret use of GPS devices; Rules set for police to plant tracking devices in suspect's vehicle": This article appears today in The Boston Globe.

And The Cape Cod Times reports today that "State's high court allows GPS surveillance."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 08:44 AM by Howard Bashman



The Harvard Crimson is reporting: Today's newspaper contains articles headlined "Souter Debates Constitution; Harvard celebrates federally mandated Constitution Day" and "HLS Clerkships Fall Short in Ranking; Higher percentage of 2007 Yale Law School grads received the prestigious positions."
Posted at 08:40 AM by Howard Bashman


"Gerard Lynch confirmed for New York appeals court": The Associated Press has this report.

At the "Legal Beat" blog of CQ Politics, Seth Stern has a post titled "Senate Confirms First Circuit Court Judge."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Obama Gets First Win Among Circuit Nominees."
Posted at 08:30 AM by Howard Bashman



"Strippers' lawsuit challenges independent contractor status": Jonathan Saltzman has this article today in The Boston Globe.
Posted at 08:20 AM by Howard Bashman


Thursday, September 17, 2009

"Indiana court strikes down state's voter ID law": The Indianapolis Star has this news update.

Friday in The New York Times, John Schwartz will have an article headlined "Indiana Court Strikes Down Voter ID Law."

And The Louisville Courier-Journal has a news update headlined "Indiana court strikes down state's voter ID law."

You can access today's ruling of the Court of Appeals of Indiana at this link.
Posted at 08:07 PM by Howard Bashman



"Burning Man fire victim's suit goes up in smoke": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The state Supreme Court has refused to reinstate a lawsuit by a man who approached the flames at the Burning Man festival and got burned."
Posted at 07:55 PM by Howard Bashman


"Bonds prosecutors seek to admit tests at trial": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A prosecutor in the Barry Bonds perjury case asked a federal appeals court Thursday to remove the government's biggest obstacle to winning a conviction: the refusal of Bonds' trainer to testify about drug tests that might show the former Giants star lied to a grand jury about steroid use."

Howard Mintz of The San Jose Mercury News has an update headlined "Feds try to bolster Barry Bonds perjury case in appeals court."

And The Associated Press reports that "Feds fight for key evidence against Bonds."

The U.S. Court of Appeals for the Ninth Circuit has made available for download the audio of today's oral argument via this link (4.76MB Windows Media audio file).
Posted at 07:30 PM by Howard Bashman



Wednesday, September 16, 2009

"Sotomayor Issues Challenge to a Century of Corporate Law": Jess Bravin will have this article Thursday in The Wall Street Journal.
Posted at 09:58 PM by Howard Bashman


"No new trial for Texas death row inmate despite Collin County prosecutor's affair with judge": The Dallas Morning News has this update.

And The Associated Press has a report headlined "No retrial for condemned man after judge-DA affair."

Today's ruling of the Texas Court of Criminal Appeals -- that State's highest court in criminal cases -- consists of a per curiam order and a dissenting statement.
Posted at 02:52 PM by Howard Bashman



"Appeals court sends contractor's case to court": The Associated Press has a report that begins, "The case of a Texas woman who alleges she was gang-raped by co-workers while working for a military contractor in Iraq will go to court instead of arbitration, a federal appeals court ruled Tuesday."

You can access yesterday's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:05 AM by Howard Bashman



"Alabama Supreme Court upholds sex toy ban; Love Stuff plans to keep selling them": This article appeared last Saturday in The Birmingham News.

The Associated Press has a report headlined "Alabama sex toy ban: Court rejects challenge."

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Devices 'Useful Primarily for the Stimulation of Human Genital Organs' Going to the Supreme Court?"

You can access last Friday's 7-2 ruling of the Supreme Court of Alabama at this link.
Posted at 08:52 AM by Howard Bashman



"Judges hear school case on searches": Tuesday's edition of The Newark (N.J.) Star-Ledger contained an article that begins, "In the ongoing struggle to protect students while respecting their privacy, the New Jersey Supreme Court heard arguments yesterday on whether principals may search students' cars when they're suspected of committing a crime."
Posted at 08:45 AM by Howard Bashman


"Georgia high court considers tort reform law": Bill Rankin has this article today in The Atlanta Journal-Constitution.

Today's edition of The Athens Banner-Herald contains an article headlined "Justices weigh bid to nix limit on damages; Medical malpractice case."

And The Associated Press reports that "Top Ga. court considers medical malpractice limits."
Posted at 08:35 AM by Howard Bashman



"FCC to take another look at Janet Jackson case": Reuters has a report that begins, "The U.S. Federal Communications Commission said on Tuesday the agency will review the incident involving a fleeting glimpse of pop singer Jane Jackson's breast during the 2004 American football championship."

And Dow Jones Newswires report that "FCC Seeks Further Review Of 'Wardrobe Malfunction' Case."
Posted at 08:32 AM by Howard Bashman



"Gableman ethics case hinges on defining lie; Panel will recommend dismissal of case or discipline of judge": The Milwaukee Journal Sentinel has an article that begins, "The ethics case of state Supreme Court Justice Michael Gableman comes down to what constitutes a lie. Gableman is accused of lying about his opponent, then-Justice Louis Butler Jr., in a March 2008 TV ad. Gableman contends his ad was truthful and that under the First Amendment he can't be held liable for incorrect inferences viewers might have taken from the ad."
Posted at 08:30 AM by Howard Bashman


"Ignoring a Law on Foreign Relations": Today in The New York Times, Charlie Savage has an article that begins, "The Justice Department has declared that President Obama can disregard a law forbidding State Department officials from attending United Nations meetings led by representatives of nations considered to be sponsors of terrorism."

You can view the memo from the U.S. Department of Justice's Office of Legal Counsel at this link.
Posted at 07:54 AM by Howard Bashman



"Microsoft, i4i Readying Fast-Track Appeal": Mary Alice Robbins of Texas Lawyer has an article that begins, "Imagine preparing for an appeal of a $290 million judgment in a patent infringement case that requires an understanding of highly technical terms and concepts. Now imagine drafting briefs and getting ready to argue the case in about a month's time."
Posted at 07:44 AM by Howard Bashman


Tuesday, September 15, 2009

"Ex-Justice O'Connor: Electing judges puts courts at risk." This article appears today in The Seattle Times.

And The Seattle Post-Intelligencer has a report headlined "O'Connor: Flawed education leaving Americans ignorant of government."
Posted at 06:05 PM by Howard Bashman



"Finance Case Renews Focus on Precedent: Roberts, Alito Pledged Deference; Activists After All?" Lawrence Hurley had this article yesterday in The Daily Journal of California.
Posted at 05:45 PM by Howard Bashman


"Are Ex-Bush Officials Liable For Post-Sept. 11 Acts?": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 05:02 PM by Howard Bashman


In the news, and in Huntington, West Virginia one week from today: Today's edition of The Herald-Dispatch of Huntington, West Virginia contains an article headlined "Marshall marking Constitution Week" in which I am mentioned.

As noted in the article, on the afternoon of Tuesday, September 22, 2009 I'll be participating in a panel on the topic of "Blogging and the potential limits of the First Amendment," moderated by Chief Justice Brent D. Benjamin of the West Virginia Supreme Court of Appeals.
Posted at 04:40 PM by Howard Bashman



"US appeals court upholds ban on Roche's anemia drug": Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 04:30 PM by Howard Bashman


"D.C. Circuit Orders Guantanamo Hearing Closed to Public": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:24 PM by Howard Bashman


Cockle Law Brief Printing Company launches "Cockle Blog": You can access this new blog from one of the major printers of U.S. Supreme Court briefs by clicking here.
Posted at 03:20 PM by Howard Bashman


"Coming Soon: Supreme Court Postage Stamps." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:17 PM by Howard Bashman


"Judiciary Approves Free Access to Judges' Workload Reports; Courtroom Sharing for Magistrate Judges": The Administrative Office of the U.S. Courts issued this news release today.
Posted at 03:14 PM by Howard Bashman


"Va. Judge Nominated For Appeals Court; Alexandria Woman Is a Trailblazer": Today in The Washington Post, Tom Jackman has an article that begins, "Virginia Supreme Court Justice Barbara Milano Keenan, a longtime Northern Virginian who has served at every level of the Virginia judiciary, was nominated by President Obama on Monday to serve on the U.S. Court of Appeals for the Fourth Circuit."

The Virginian-Pilot reports today that "Va. Supreme Court justice nominated to U.S. Court of Appeals."

The Associated Press reports that "Obama nominates Va. justice for appeals court."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Obama Picks Va. Supreme Court Justice for 4th Circuit."

Yesterday, the White House issued a news release headlined "President Obama Nominates Justice Barbara Milano Keenan for United States Court of Appeals for the Fourth Circuit."

And earlier this year, the University of Virginia School of Law posted online a news release headlined "Justices Describe Virginia's Highest Court."

Finally, in related commentary, law professor Carl Tobias has an op-ed entitled "Five Fourth Circuit Court openings need to be filled" published by McClatchy Newspapers and an essay entitled "Judge Andre Davis Should Be Elevated Now, and All the Fourth Circuit's Seats Filled Soon" published by FindLaw.
Posted at 07:30 AM by Howard Bashman



Tony Mauro is reporting: At "The BLT: The Blog of Legal Times," he has posts titled "Challenge to Redskins Name Reaches Supreme Court" and "Maine Judge Receives Devitt Award."

And in related coverage, The Bangor Daily News reports that "Hornby gets top honor in federal judiciary."
Posted at 07:10 AM by Howard Bashman



Monday, September 14, 2009

"Obama About-Face Goes to High Court": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:55 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Sandra Day O'Connor: End judge elections in Wash.";

"Military high court to hear Abu Ghraib appeals"; and

"Backers of gay marriage want to repeal federal law."
Posted at 08:57 PM by Howard Bashman



"A Revealing Term: What difference will a 'wise Latina' make? And other questions." Law professor Jonathan H. Adler has this essay today at National Review Online.
Posted at 08:50 PM by Howard Bashman


"How Liberals Can Win by Losing at the Roberts Court: Three strategies for turning a defeat into a (relative) victory." Law professor Richard L. Hasen (author of the "Election Law" blog) has this jurisprudence essay online at Slate.
Posted at 05:23 PM by Howard Bashman


"The Trial of John Roberts": In yesterday's edition of The New York Times, law professor Jeffrey Rosen had an op-ed that begins, "Four years ago, when John Roberts became chief justice of the United States, he said that he hoped to emulate the modesty and unanimity of his greatest predecessor, John Marshall. But if Chief Justice Roberts presides over a broad, ideologically divided ruling in a campaign finance case the court heard last week, he risks being remembered instead as a conservative Earl Warren."
Posted at 09:45 AM by Howard Bashman


"Changing political money: There's a middle ground open to the Supreme Court in a key case on corporate/union campaign speech." This editorial appears today in The Los Angeles Times.
Posted at 07:42 AM by Howard Bashman


"Nahmias adds conservative voice to Ga. high court; Prosecutor replaces a liberal jurist Sears": Bill Rankin has this article today in The Atlanta Journal-Constitution.
Posted at 07:38 AM by Howard Bashman


"Bench Press: Obama and judicial restraint." Jeffrey Toobin has this "Annals of Law" article in the September 21, 2009 issue of The New Yorker.
Posted at 07:18 AM by Howard Bashman


Sunday, September 13, 2009

"Va. seeks November execution for DC-area sniper": The Associated Press has this report.
Posted at 08:50 AM by Howard Bashman


"Taking On The Book Banners": In The Washington Post today, columnist George F. Will has an op-ed that begins, "Last March, during the Supreme Court argument concerning the Federal Election Commission's banning of a political movie, several justices were aghast. Suddenly and belatedly they saw the abyss that could swallow the First Amendment."
Posted at 08:47 AM by Howard Bashman


"Senate Weighs New Shield Law; Reporters Would Have to Disclose Information in Special Cases": Today's edition of The Washington Post contains an article that begins, "The Senate Judiciary Committee this week will take up a new version of a reporter shield law."
Posted at 08:45 AM by Howard Bashman


"Law used to indict Blagojevich challenged as vague": The Associated Press has a report that begins, "Among the corruption charges faced by former Illinois Gov. Rod Blagojevich is a statute of just 28 words with enough pop to send big names to prison for corruption, but it's under attack by those who consider it vague and unfair."
Posted at 08:42 AM by Howard Bashman


Saturday, September 12, 2009

"Jailhouse calls are not private, SJC rules; Conversations can be subpoenaed": Today's edition of The Boston Globe contains an article that begins, "In a 4-to-3 decision that could have a sweeping impact on grand jury investigations and prisoner privacy, the state's highest court ruled yesterday that prosecutors may subpoena recordings of telephone calls made from jail by inmates and people who are being held while awaiting trial."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 05:24 PM by Howard Bashman



"Legal Battle Plays Out: Online Attitude vs. Rules of the Bar." John Schwartz will have this interesting article Sunday in The New York Times.
Posted at 05:18 PM by Howard Bashman


"Blogger's pot case fires up fed judge": Today's edition of The Boston Herald contains an article that begins, "A federal judge was fuming yesterday over the case of left-leaning political blogger Andrew M. Sullivan, who was busted by park rangers on a Cape Cod national beach for pot possession on July 13, only to have the federal charges tossed by prosecutors."

And today in The Boston Globe, Jonathan Saltzman has an article headlined "Dismissed marijuana charge raises judge's ire; US attorney gave blogger a reprieve."
Posted at 05:11 PM by Howard Bashman



"U.S. Supreme Court says California cannot delay prison plan; A proposal to reduce overcrowding must be submitted by the end of next week": This article appears today in The Los Angeles Times.

And today in The San Jose Mercury News, Howard Mintz has an article headlined "Prison on the brink" that begins, "It's nearing noon inside the central wing of the California Institution for Men, and it's not hard to find evidence of how this has become Exhibit A in California's prison crisis."
Posted at 04:55 PM by Howard Bashman



"Lawyers' Sanctions Lifted, but 3rd Circuit Judge Delivers Lecture; Case has been a cause celebre among defense lawyers who contend the four sanctioned lawyers had been unfairly targeted for using common legal tactics": Shannon P Duffy will have this article Monday in The Legal Intelligencer.

You can access this recent ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:24 AM by Howard Bashman



Friday, September 11, 2009

"High court won't extend Calif. prison deadline": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Court acts on prisoner release case."

You can access this evening's order of the U.S. Supreme Court at this link.
Posted at 11:42 PM by Howard Bashman



"Prosecution Faces Skeptical Judge in Robert Wone Case": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 06:20 PM by Howard Bashman


"Appeals Court Throws Out $358M Verdict Vs Microsoft": Brent Kendall of Dow Jones Newswires has this report.

Reuters reports that "Microsoft $358 milion damage award overturned."

Bloomberg News reports that "Microsoft Wins Ruling on $358 Million Alcatel Award."

The Associated Press reports that "Verdict spares Microsoft $358M in patent damages."

And The Seattle Times has a blog post titled "Microsoft wins appeal overturning $358 million damages award to Alcatel."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 02:11 PM by Howard Bashman



"Kevin, Pat Williams can play this season; The appeals court affirmed U.S. District Judge Paul Magnuson's rulings in the banned-substance case involving the players": The Mineapolis Star Tribune has this news update.

The St. Paul Pioneer Press has a news update headlined "Ruling clears Minnesota Vikings' Kevin and Pat Williams to play this season."

And The Associated Press reports that "Court says NFL can't suspend 2 Vikings players."

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



"Divided Appeals Court Rules in Favor of Abu Ghraib Contractors": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "A sharply divided federal appeals court in Washington today ruled against a group of Iraqi nationals who are suing two government contractors for alleged torture at the Abu Ghraib detention facility."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:55 PM by Howard Bashman



"On campus, Chief Justice Roberts still in charge": This article appears today in The Michigan Daily.

And The Associated Press reports that "US chief justice says he, Sotomayor must get along."
Posted at 01:44 PM by Howard Bashman



Gone but not entirely forgotten: While I was away on vacation in late August and early September 2009, I somehow still managed to get quoted in two separate appellate-related articles that published in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

Amaris Elliott-Engel was the author of both articles. The first, reporting on a recent ruling of the Supreme Court of Pennsylvania, is headlined "Trial Judges Can Call for Second Bite at 1925(b) Apple."

The second, reporting on a recent grant of review by the Supreme Court of Pennsylvania, is headlined "Court to Mull How Sr. Judge Must Be Served Under Rule 1925."
Posted at 10:40 AM by Howard Bashman



"Caltech student's arson convictions overturned; Citing his Asperger's syndrome, a federal court also vacates the sentence of William Cottrell, who was convicted in 2004 of conspiracy and arson for vandalizing 125 SUVs in an environmental protest": Carol J. Williams has this article today in The Los Angeles Times.

According to the article, "The 9th Circuit panel had initially upheld Cottrell's arson convictions in February, nearly three years after hearing appeal arguments. But on Thursday, a copy of the panel's 'amended memorandum' arrived in the mail at the Pasadena office of Marvin Rudnick, one of Cottrell's defense attorneys. Rudnick said he was surprised and baffled by the unusual means of informing his client of the significantly revised decision. The eight-page document was marked 'not for publication.'"

This week's amended non-precedential ruling consists of a majority opinion and an opinion dissenting in part.
Posted at 08:12 AM by Howard Bashman



"Media Advisory: USA v. Barry Bonds, 09-10079." The U.S. Court of Appeals for the Ninth Circuit issued this media advisory yesterday.

The case is scheduled for oral argument next Thursday before a panel consisting of Circuit Judges Mary M. Schroeder, Stephen Reinhardt, and Carlos T. Bea.
Posted at 08:04 AM by Howard Bashman



"Arguments begin in appeal of dismissal of jury verdict in R.I. smoke shop raid": Yesterday's edition of The Providence (R.I.) Journal contained this article.
Posted at 08:00 AM by Howard Bashman


"U.S. Sentencing Commission Urged to Give Judges More Flexibility": This article appears today in The Washington Post.
Posted at 07:55 AM by Howard Bashman


"Detainee Files Emergency Writ to Halt Hearings; Defense Team Asks Appeals Court to Find Military Commission Unconstitutional": Today's edition of The Washington Post contains an article that begins, "Military attorneys for Ramzi Binalshibh, an alleged conspirator in the Sept. 11 attacks, have filed an emergency writ with a federal court in an attempt to stop hearings in their client's case at a military commission at Guantanamo Bay."

And today in The Miami Herald, Carol Rosenberg reports that "9/11 lawyers ask civilian court to stop war court."

You can access the court filing, made Wednesday in the D.C. Circuit, at this link.
Posted at 07:52 AM by Howard Bashman



"State's Top Court Ready to Hear Challenge to Appointment of Lieutenant Governor": The New York Times contains this article today.
Posted at 07:38 AM by Howard Bashman


"The Court and Campaign Finance": This editorial appears today in The New York Times.
Posted at 07:30 AM by Howard Bashman


Thursday, September 10, 2009

Fifth Circuit rejects constitutional challenge to the "immoral purpose" aspect of a federal statute that makes criminal "[t]he importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose": You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:00 PM by Howard Bashman


"[W]e conclude that the retroactive application of SORNA's juvenile registration and reporting requirement violates the Ex Post Facto Clause of the United States Constitution." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today, striking down as unconstitutional a portion of the federal law known as the Sex Offender Registration and Notification Act of 2006.

Circuit Judge Stephen Reinhardt is the author of the decision.
Posted at 03:57 PM by Howard Bashman



"Many have wondered what exactly the best tack is to take when trying to get a visit from the chief justice of the U.S. Supreme Court. University officials went with football tickets to the Notre Dame game. It worked." So begins an article headlined "Law School to celebrate 150th anniversary with Supreme Court Chief Justice" published yesterday in The Michigan Daily.

The law school's invitation to the Chief Justice can be accessed here, while additional information about the visit can be accessed here.
Posted at 03:35 PM by Howard Bashman



By a vote of 6-4, the en banc U.S. Court of Appeals for the Seventh Circuit refuses to switch sides on a question of law that's already produced a 5-4 circuit split: Both the majority and the dissenting opinion contain interesting discussions of institutional concerns. According to the majority opinion, "When one circuit's overruling would convert a 5-4 conflict into a 4-5 conflict, it is best to leave well enough alone."
Posted at 03:30 PM by Howard Bashman


"DOD lawyer hedges on closing Gitmo by January": The Associated Press has this report.
Posted at 12:59 PM by Howard Bashman


South Dakota inmate's request for a succah behind bars leads to an interesting RLUIPA ruling from the U.S. Court of Appeals for the Eighth Circuit: You can access today's ruling at this link. Among other things, the appellate court rejects South Dakota's challenge to the constitutionality of the federal law known as the Religious Land Use and Institutionalized Persons Act of 2000.
Posted at 11:57 AM by Howard Bashman


"State can go after patients' VA benefits": In today's edition of The San Francisco Chronicle, Bob Egelko has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 09:44 AM by Howard Bashman


"Appeals court upholds Kan. pharmacist's conviction": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
Posted at 09:40 AM by Howard Bashman


"'Repressed memory' at issue in defrocked priest's appeal": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "Defrocked priest Paul R. Shanley, one of the key figures in Boston's clergy sex abuse scandal, plans to challenge his rape and indecent assault convictions before the state's highest court today when his lawyer argues that the victim's 'repressed memory'' was junk science."

And The Associated Press reports that "Convicted ex-priest challenges repressed memories."
Posted at 08:04 AM by Howard Bashman



"Ninth Circuit Judicial Conference: Videos." Yesterday, the U.S. Court of Appeals for the Ninth Circuit provided online access via this link of videos recorded at the court's most recent judicial conference, which occurred in July 2009.

Among the videos of interest are those titled "Where Have All the Reporters Gone?" and "Conversation with The Solicitor General Elena Kagan." Windows Media Player is required to launch these videos.
Posted at 08:00 AM by Howard Bashman



"S.F. ban on tobacco in drugstores survives": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "San Francisco can enforce its ban on tobacco sales in drugstores, a federal appeals court ruled Wednesday, rejecting a free-speech argument by tobacco giant Philip Morris."

You can access yesterday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:55 AM by Howard Bashman



"Prospective jurors don't want any part of Junior Gotti's upcoming trial": This article appears today in The New York Daily News.
Posted at 07:45 AM by Howard Bashman


"Madoff's Sentencing Judge to Be Appellate Court Choice": Today's edition of The New York Times contains an article that begins, "Denny Chin, a federal district judge in Manhattan who has been involved in a number of prominent decisions, including the sentencing of Bernard L. Madoff to 150 years in prison for his huge Ponzi scheme, is expected to be nominated by the White House for a prestigious appellate judgeship in New York, according to the office of Senator Charles E. Schumer."

The Wall Street Journal reports today that "Madoff Judge to Be Named to U.S. Appeals Court."

And The Associated Press reports that "Madoff judge to be nominated to appeals court."
Posted at 07:42 AM by Howard Bashman



"Sentences for Possession of Child Porn May Be Too High, Judges Say": law.com has this report.

According to the article, "7th Circuit Chief Judge Frank Easterbrook, who testified with a separate group of appellate judges, agreed that the child pornography possession area might be ripe for review. He said it gives him pause when he sifts through a stack of sentences that includes a bank robber getting a 10-month sentence and a person convicted of downloading child pornography receiving a 480-month sentence."
Posted at 07:38 AM by Howard Bashman



Wednesday, September 9, 2009

"Unprecedented: Watching the Supreme Court make its campaign finance jurisprudence disappear." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 11:00 PM by Howard Bashman


"Sonia Sotomayor jumps in to question lawyers": Pete Yost of The Associated Press has this report.
Posted at 06:00 PM by Howard Bashman


"Without GOP Support, Leahy Pushes for More Judges": David Ingram has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:03 PM by Howard Bashman


"Guantanamo photos of accused 9/11 mastermind posted on Web": Carol Rosenberg of The Miami Herald has this news update.

And The Associated Press reports that "Photos released of terrorist mastermind at Gitmo."
Posted at 04:00 PM by Howard Bashman



"Justices Are Pressed for Broad Ruling in Campaign Case": Adam Liptak will have this article Thursday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Court Conservatives Concerned About Campaign Spending Limits."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court weighs lifting ban on corporate funding of candidates; The court, joined by new Justice Sonia Sotomayor, hears a special argument on whether companies should have the same free-speech rights as individuals."

Joan Biskupic of USA Today has a news update headlined "Court hears pre-term case on Clinton film."

Greg Stohr of Bloomberg News reports that "Top Court Questions Corporate Election Spending Curbs."

James Vicini of Reuters reports that "Supreme Court questions company campaign spending limits."

Mark Sherman and Pete Yost of The Associated Press report that "Supreme Court receptive to freer election spending."

At "SCOTUSblog," Lyle Denniston has a post titled "Two precedents in jeopardy."

And at "The BLT: The Blog of Legal Times," Tony Mauro has posts titled "Supreme Court Majority Critical of Campaign Law Precedents" and "Photos from the Supreme Court Plaza."

You can access the transcript of today's U.S. Supreme Court oral argument at this link. And, via C-SPAN, you can access the audio of today's oral argument at this link.
Posted at 03:45 PM by Howard Bashman



"The Supreme Court wrestled on Wednesday with whether to allow corporations and labor unions to pay for political campaigns and end a century of legislative efforts to curb such spending." So begins this report from Mark Sherman and Pete Yost of The Associated Press.

The audio of this morning's U.S. Supreme Court oral argument is now being streamed live over C-SPAN3.
Posted at 12:14 PM by Howard Bashman



"Appeals court rules judge coerced verdict": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The judge in a Sacramento sexual assault trial improperly tipped the scales toward guilt by telling a deadlocked jury to focus on evidence that turned out to support the prosecution's case, a federal appeals court ruled Tuesday."

You can access yesterday's ruling by a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:54 AM by Howard Bashman



"Court OKs barring religious tunes at graduation": Bob Egelko has this article today in The San Francisco Chronicle.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 07:50 AM by Howard Bashman



"Court: Holocaust survivor can sue for painting." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 07:48 AM by Howard Bashman


"The Newest Justice Takes Her Seat": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "The Newest Justice Formally Takes Her Seat; Obama and Biden On Hand to Wish Sotomayor Well."

And in USA Today, Joan Biskupic reports that "Sotomayor takes oath, seat on bench."
Posted at 07:33 AM by Howard Bashman



"'Hillary: The Movie' gets new airing at high court." Mark Sherman of The Associated Press has this report.

James Vicini of Reuters reports that "U.S. court considers corporate spending on elections."

Warren Richey of The Christian Science Monitor has articles headlined "'Hillary' case: the legal stakes -- Three Supreme Court justices have already announced their willingness to overturn a pair of key precedents" and "Supreme Court: campaign finance overhaul in 'Hillary' case? At stake in a case it will re-hear Wednesday is whether corporations and unions should enjoy the same rights to political speech as individuals."

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "High Court Weighs Upending Campaign-Money Rules" featuring Nina Totenberg.

And yesterday in USA Today, Joan Biskupic had an article headlined "Court hears pre-term case on Clinton film; Sotomayor's first session is on corporate cash in politics."
Posted at 07:15 AM by Howard Bashman



Tuesday, September 8, 2009

"Arizona court: Drug laws trump religious use of marijuana." Howard Fischer of The Arizona Daily Star has a news update that begins, "The state's interest in banning marijuana outweighs the religious beliefs of an individual that he is entitled to use the drug anywhere, the Arizona Supreme Court ruled today."

And The Associated Press reports that "Ariz. court rejects religious defense for pot use."

You can access today's ruling of the Supreme Court of Arizona at this link.
Posted at 09:02 PM by Howard Bashman



"Court upholds ban on hymn at Wash. graduation": The Associated Press has a report that begins, "Barring an instrumental performance of a Christian hymn at a high school graduation did not violate students' First Amendment rights and was within the school superintendent's discretion, a divided federal appeals panel ruled Tuesday."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:17 PM by Howard Bashman



"Appeals court upholds lobbying disclosure law": The Associated Press has a report that begins, "A federal appeals court on Tuesday upheld a 2007 law that requires trade associations to disclose their members who contribute to lobbying activities."

Bloomberg News reports that "Manufacturers group loses appeal."

The Hill reports that "Appeals court rejects disclosure suit."

CQ Politics reports that "Court Says To Cough Up Contributors' Names."

WSJ.com's "Washington Wire" blog has a post titled "Appeals Court Tells NAM to Name Names."

And "The BLT: The Blog of Legal Times" has a post titled "Appeals Court Rejects Challenge to Lobbying Disclosures."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 07:52 PM by Howard Bashman



"To the U.S. Supreme Court and back: Massey/Harman case back in W.Va." The Charleston (W. Va.) Gazette has this news update.

And The Associated Press reports that "Case reversed by US justices back at WVa court."
Posted at 07:33 PM by Howard Bashman



"Sotomayor Takes Judicial Oath in Court Chambers": Robert Barnes of The Washington Post has this news update.
Posted at 05:50 PM by Howard Bashman


"Justice Sotomayor: The Unjust Hearings." Ronald Dworkin has this article in the September 24, 2009 issue of The New York Review of Books.
Posted at 04:17 PM by Howard Bashman


"Sotomayor takes her place on high court bench": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Sotomayor Takes Her Seat on Supreme Court."
Posted at 04:04 PM by Howard Bashman



"Judging's A Lot More Than Balls And Strikes": Today in The Hartford Courant, Senior Second Circuit Judge Jon O. Newman has an op-ed that begins, "As Justice Sonia Sotomayor prepares to join Chief Justice John G. Roberts Jr. to hear her first Supreme Court argument Wednesday, this is an appropriate time to point out that in their confirmation hearings both of them offered incomplete and, as a result, somewhat misleading descriptions when asked about a judge's role."
Posted at 09:54 AM by Howard Bashman


"The Chance for a Free Speech Do-Over: Will the Supreme Court finally overturn McCain-Feingold and enforce the First Amendment?" Theodore B. Olson has this op-ed today in The Wall Street Journal.

And today in The Los Angeles Times, Doug Kendall has an op-ed entitled "Elections for sale? If the Supreme Court lifts restrictions on corporate campaign contributions, watch out."

The U.S. Supreme Court will hear oral argument of this case on Wednesday, September 9, 2009.
Posted at 09:32 AM by Howard Bashman



"Obama has school speech, Sotomayor event Tuesday": The Associated Press has this report.

The "Sotomayor event" refers to this afternoon's "Justice Sonia Sotomayor Investiture Ceremony," which is scheduled to begin at 2 p.m. eastern time. The U.S. Supreme Court has issued a "Note to Press Regarding Investiture Photographs."
Posted at 09:27 AM by Howard Bashman



Monday, September 7, 2009

"Reversal of Precedents at Issue; Campaign Case Touches on Justices' Stance on Earlier Rulings": Robert Barnes will have this article Tuesday in The Washington Post.

And in today's newspaper, columnist E.J. Dionne Jr. has an op-ed entitled "A Test Case for Roberts."
Posted at 08:23 PM by Howard Bashman



"Sotomayor to participate in first Supreme Court case Wednesday": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:11 PM by Howard Bashman


Sunday, September 6, 2009

"Hillary: The Law Changer; Unusual pre-term rehearing may reshape campaign finance laws." David G. Savage has this article in the September 2009 issue of The ABA Journal magazine.
Posted at 08:54 PM by Howard Bashman


"Safeguarding History: Why the records of Supreme Court justices should be governed by rules -- not individuals." This editorial appears today in The Washington Post.
Posted at 08:42 PM by Howard Bashman


"Gun Owners' Next Victory in D.C." Robert A. Levy has this op-ed today in The Washington Post.
Posted at 08:40 PM by Howard Bashman


Pittsburgh Pirates 6, St. Louis Cardinals 5: Our six-day baseball-related road trip concluded in Pittsburgh this afternoon on a very exciting note, as the hometown Pirates ralled for two runs in the bottom of the ninth inning to beat the National League central division-leading Cardinals and snap a nine-game losing streak. In addition, during Cardinals batting practice, I had the pleasure of catching a home run ball on the fly in section 143 in right field, above the out-of-town scoreboard. PNC Park is a wonderful place to watch a baseball game, and our seats were behind home plate in section 115. During the game, two people seated nearby in our row also snagged baseballs that had been fouled back into the crowd.

You can access the box score of the game at this link, while articles about the game can be accessed here, here, here, here, and here.

Tomorrow, we head home to the Philadelphia area, stopping on the way to visit the Gettysburg National Military Park in Gettysburg, Pennsylvania.
Posted at 08:22 PM by Howard Bashman



Saturday, September 5, 2009

"Legal Prostitution Under Pressure in Rhode Island": This article appears today in The Wall Street Journal.
Posted at 09:05 PM by Howard Bashman


Minnesota Twins 4, Cleveland Indians 1: Progressive Field (formerly known as Jacobs Field) in Cleveland is an impressive ballpark. The Indians, the ballpark's main tenant, are not quite as impressive. But we shall nevertheless continue to enjoy today's giveaway item, the Travis Hafner pen holder bobblehead. You can access the box score of today's game at this link, while articles about the game can be accessed here and here.

Tomorrow morning, we will return to our home state of Pennsylvania to visit Pittsburgh, where tomorrow afternoon we will watch the Pittsburgh Pirates host the St. Louis Cardinals at beautiful PNC Park.
Posted at 09:02 PM by Howard Bashman



"Hillary movie puts campaign finance limits at risk": Jesse J. Holland and Mark Sherman of The Associated Press have this report.
Posted at 01:42 PM by Howard Bashman


"Not Innocent Enough: The elusive search for the sufficiently innocent death-row victim." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 01:40 PM by Howard Bashman


"Argument preview: Corporations in politics." Lyle Denniston has this lengthy post at "SCOTUSblog."
Posted at 08:17 AM by Howard Bashman


"Bail denied in appeals by Simpson, Stewart": The Las Vegas Review-Journal today contains an article that begins, "The Nevada Supreme Court Friday denied motions for bail from O.J. Simpson and his co-defendant while they appeal their convictions for kidnapping and armed robbery."

And The Associated Press reports that "Nevada high court denies OJ bid for prison release."
Posted at 08:15 AM by Howard Bashman



"Federal court ruling would let city's adult shops run 24/7; Judges: City must show a compelling reason for ordinance that restricts businesses' hours, days." Today's edition of The Indianapolis Star contains an article that begins, "Adult businesses selling books, movies and sex paraphernalia in Indianapolis will be able to open on Sundays -- and 24 hours a day -- unless the city can prove there is some compelling reason why it is singling out that particular day and particular hours. A federal appeals court ruling issued Thursday casts serious doubts on the future of key parts of a 2003 city ordinance that more strictly regulates 'adult entertainment businesses' in Indianapolis."

Chief Judge Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit is the author of the ruling, which that court issued in typescript format on Thursday.
Posted at 08:10 AM by Howard Bashman



Available online from law.com: Tony Mauro has articles headlined "Lots of Buzz Over High Court Campaign Finance Case, but Does FEC Have a Shot? Some advocates say fate of funding limits for political races is already set" and "In Revealing New Memoir, a Friend Remembers Rehnquist."

And in other news, "High-Stakes Tax Dispute May Spell Solo's Second Trip to U.S. Supreme Court; At issue is whether companies can collect nearly $212M in refund claims after Kentucky's tax rules were changed."
Posted at 08:02 AM by Howard Bashman



"Ashcroft can be sued over arrests, appeals court rules; A 9th Circuit panel says the ex-attorney general violated the rights of citizens held as material witnesses without cause after 9/11; Rights advocates praise the ruling in Abdullah Kidd's case": Carol J. Williams has this article today in The Los Angeles Times.

Today in The New York Times, John Schwartz reports that "Panel Rules Against Ashcroft in Detention Case."

Carrie Johnson of The Washington Post reports that "Court Allows Lawsuit Against Ashcroft; Former Official's Bid for Immunity In Ex-Detainee's Case Is Rejected."

Bob Egelko of The San Francisco Chronicle reports that "Ashcroft can be sued over jailing 'witnesses.'"

The Associated Press reports that "Appeals court rules against Ashcroft in 9/11 case."

Justin Blum and Greg Stohr of Bloomberg News report that "Ashcroft Can Be Sued in Detention Case, Court Says."

And law.com reports that "9th Circuit Blasts Feds for Post-9/11 Detention of 'Material Witness.'"

You can access yesterday's lengthy ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:58 AM by Howard Bashman



"California takes prison-overcrowding fight to U.S. Supreme Court": Howard Mintz has this article today in The San Jose Mercury News.

And in related coverage, The Los Angeles Times reports today that "Cash-strapped states revise laws to get inmates out; Mandatory sentencing laws are relaxed, parole is accelerated, and time off for good behavior is increased as states scramble to save money."
Posted at 07:48 AM by Howard Bashman



Friday, September 4, 2009

Akron Aeros 5, Erie SeaWolves 1: Greetings from Cleveland, Ohio, which we have returned to tonight after watching the Aeros (the AA affiliate of the Cleveland Indians) defeat the SeaWolves (the AA affiliate of the Detroit Tigers) in Eastern League action earlier this evening in Akron. You can access the box score at this link, a game recap at this link, and an article about the game at this link.

Tomorrow, it's on to the Rock and Roll Hall of Fame and Museum before watching the Cleveland Indians host the Minnesota Twins in a game that starts at 4:10 p.m. at Progressive Field.

Update: Saturday's edition of The Erie Times-News reports that "SeaWolves waste opportunity to gain ground; Erie loses, stays game behind Reading in wild-card chase."
Posted at 11:15 PM by Howard Bashman



"Canada Supreme Court to hear Gitmo case": The Associated Press has this report.
Posted at 03:24 PM by Howard Bashman


"Supreme Court to Revisit Election Financing in Clinton Film Case": Robert Barnes of The Washington Post has this news update.
Posted at 03:04 PM by Howard Bashman


"Sometimes hard cases make bad law. And sometimes easy cases make bad law. Only rarely, however, do easy cases make bad law by overruling good law." So begins an opinion concurring in part, dissenting in part and concurring in the judgment that Sixth Circuit Judge Jeffrey S. Sutton issued today.
Posted at 03:02 PM by Howard Bashman


"Court to give same-day audio in Clinton movie case": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Early release of Citizens United audio."
Posted at 02:55 PM by Howard Bashman



"Supreme Court Opens Up to C-SPAN": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:54 PM by Howard Bashman


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

In related coverage, at "SCOTUSblog," Lyle Denniston has a post titled "Eight-Justice Court for copyright case."
Posted at 02:50 PM by Howard Bashman



"C-SPAN's 'Supreme Court Week' Debuts October 4, 2009; Original 80-minute Feature on Supreme Court; Exclusive interviews with Nine Current and Retired Justices; TV production and video-rich Website": C-SPAN issued this news release yesterday.

Via YouTube, you can now access more than ten minutes of "Excerpts from C-SPAN's Interviews with Supreme Court Justices."

And the web portal that C-SPAN has created for its new series can be accessed here.
Posted at 09:57 AM by Howard Bashman



"Want a Wiretap Warrant? No Problem, Court Says." At Wired.com's "Threat Leval" blog, David Kravets has this post about a ruling that the U.S. Court of Appeals for the Second Circuit issued on Monday.
Posted at 09:54 AM by Howard Bashman


"Court: Microsoft OK to sell Word during appeal." The Associated Press has a report that begins, "The U.S. Appeals Court for the Federal Circuit says Microsoft Corp. can keep selling its Word desktop software as it appeals an unfavorable patent ruling."

Update: The U.S. Court of Appeals for the Federal Circuit has now posted its stay order at this link.
Posted at 08:00 AM by Howard Bashman



"Federal judges refuse to delay California prison-overcrowding order": Howard Mintz has this article today in The San Jose Mercury News.

Today in The San Francisco Chronicle, Bob Egelko reports that "Judges deny governor's request on inmate cuts."

The Los Angeles Times reports that "California's request to delay prison plan is rejected; Appeal will go to the U.S. Supreme Court today, aides to Gov. Arnold Schwarzenegger say."

And The Associated Press reports that "Federal judges refuse to delay Calif prison ruling."
Posted at 07:55 AM by Howard Bashman



"State Supreme Court: Parents can keep cars used by drug dealing son; The state Supreme Court ruled today that parents must know for certain that their children are using their cars to deal drugs before the authorities can seize those cars." This article appears today in The Seattle Times.

And The Associated Press reports that "Car forfeiture overturned in Wash. drug case."

Yesterday's 5-4 ruling of the Washington State Supreme Court consists of a majority opinion and a concurring and dissenting opinion.
Posted at 07:54 AM by Howard Bashman



"Justices Discuss A Changing Court; Interviews With C-SPAN Reveal Tight Bonds Despite Deep Divisions": Robert Barnes has this article today in The Washington Post.
Posted at 07:38 AM by Howard Bashman


Thursday, September 3, 2009

"2nd Circuit Panel Wonders Whether Judge Acted Hastily in Barring Book Based on 'Catcher in the Rye'": law.com has this report.
Posted at 11:33 PM by Howard Bashman


Jamestown Jammers 5, Mahoning Valley Scrappers 4 (game one); Mahoning Valley Scrappers 1, Jamestown Jammers 0 (game two): Just back from Eastwood Field in Niles, Ohio, where this evening the Scrappers (the class A short-season affiliate of the Cleveland Indians) split a doubleheader with the Jammers (the class A short-season affiliate of the Florida Marlins) in New York-Penn League action. You can access the box score for game one at this link and for game two at this link.

Following Tuesday night's game in Williamsport, Pennsylvania, Scrappers left fielder Jason Kipnis recommended that we visit the Eastwood Mall (on whose property Eastwood Field is located) before tonight's game. Because our seats were first row field level at first base, we were able to thank Jason for his recommendation before game one began this evening. Before the start of the second game, my son was able to get the signature of Scrappers manager Travis Fryman. And thanks to game one's first base umpire Brian DeBrauwere (who umped home plate for the second game of tonight's doubleheader) for tossing me a baseball at the conclusion of the first game in recognition of the MLB umpire hat I was wearing.

Tomorrow, we will travel to Akron, Ohio, where tomorrow night we will watch the Akron Aeros (the AA affiliate of the Cleveland Indians) host the Erie SeaWolves (the AA affiliate of the Detroit Tigers) in Eastern League action.

Update: Friday's edition of The Vindicator of Youngstown, Ohio reports that "Scrappers split doubleheader with Jamestown." And Friday's edition of The Post-Journal of Jamestown, New York reports that "Jammers, Scrappers Split Twin Bill Again."
Posted at 11:02 PM by Howard Bashman



"Idaho court won't remove pre-Nazi swastika tiles": The Associated Press has a report that begins, "Images of red swastikas built into tiles in the early 1920s in the Bonneville County Courthouse won't be removed during a remodel of the building, officials said."
Posted at 02:14 PM by Howard Bashman


"Obama takes stand for secrecy, executive power": At his "Under the Radar" blog at Politico.com, Josh Gerstein today has a post that begins, "President Barack Obama's administration is escalating a legal showdown which has the Justice Department defending official secrecy and executive power with arguments more associated with former Vice President Dick Cheney than the White House's newest occupants."
Posted at 08:22 AM by Howard Bashman


"Taking their chances on poker's legality: Is Texas Hold 'Em about the luck of the draw, or the skill of the player? The question is being played out in courts around the country." This article appears today in The Los Angeles Times.

As noted in this earlier post from mid-June 2009, I'm representing the defendants-appellees in one such case now pending on appeal before the Superior Court of Pennsylvania.
Posted at 07:35 AM by Howard Bashman



"Speculation rises that Supreme Court Justice Stevens will retire; John Paul Stevens, who will turn 90 next year, has hired only one clerk for the 2010 term; That could be a tipoff that he plans to retire before then, although he has not said he will": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:32 AM by Howard Bashman


"Justices to Revisit Campaign Finance": Jess Bravin and T.W. Farnam have this article today in The Wall Street Journal.
Posted at 07:18 AM by Howard Bashman


Wednesday, September 2, 2009

"Broken-Nosed Fan Assumed Injury Risk During Pregame Warm-Up, N.Y. Judge Finds": law.com has an article that begins, "Every baseball fan -- or at least every attorney who follows baseball -- knows that under the doctrine of assumption of the risk a team is not liable for fans injured by, say, foul balls or broken bats." You can access the court's ruling at this link.
Posted at 11:27 PM by Howard Bashman


"Justice Stevens Hires Just One Clerk for 2010 Term": Robert Barnes will have this article Thursday in The Washington Post.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Stevens: Exiting Next Year?"
Posted at 11:14 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Federal judge orders MLB drug evidence preserved" and "3 states still ban religious clothing for teachers."
Posted at 11:10 PM by Howard Bashman


Akron Aeros 9, Altoona Curve 6: Just back from beautiful Blair County Ballpark -- one of the nicest minor league ballparks that we've ever visited, and we've visited a bunch -- where tonight the class AA Eastern League affiliate of the Cleveland Indians defeated the class AA Eastern League affiliate of the Pittsburgh Pirates. You can access the box score at this link, a recap of the game at this link, and an article about the game at this link.

Unfortunately, the amusement park next to the stadium was closed today, so we didn't get to ride the rollercoaster that overlooks the right field fence.

Tomorrow, we travel to Niles, Ohio, where tomorrow night we will watch the Mahoning Valley Scrappers (the class A short-season affiliate of the Cleveland Indians) host the Jamestown Jammers (the class A short-season affiliate of the Florida Marlins) in New York-Penn League action. Thanks to rainouts last weekend in Jamestown, New York when these two teams were scheduled to play, tomorrow night's game has been turned into a doubleheader consisting of two seven-inning games.

Update: Thursday's edition of The Altoona Mirror reports that "'Consistent' Aeros erupt against Curve." And Thursday's edition of The Akron Beacon Journal reports that "Rivero and Rodriguez tee off on Altoona pitchers for win."
Posted at 10:30 PM by Howard Bashman



Where the parties to a lawsuit reach a post-verdict settlement after a jury has awarded punitive damages on a claim governed by Oregon law, must the State of Oregon's consent to the settlement be obtained before the court can approve the settlement? Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit certified that question of Oregon law for resolution by the Supreme Court of Oregon. You can access today's Ninth Circuit order at this link.

The question arises because, under Oregon law, the State of Oregon is entitled to recover sixty percent of any punitive damages awarded under Oregon law, even if the lawsuit involves only private (non-governmental) parties.
Posted at 03:50 PM by Howard Bashman



"In Staff Move by Justice Stevens, Some See Signal": In Thursday's edition of The New York Times, Adam Liptak will have an article that begins, "Justice John Paul Stevens has so far hired just one law clerk for the Supreme Court term starting in October 2010, a court spokeswoman confirmed on Wednesday. That may be an indication that Justice Stevens, 89, is considering retiring next year."
Posted at 03:30 PM by Howard Bashman


"Feds ask appeals court to stay drug decision": The Associated Press has a report that begins, "Arguing the evidence may be destroyed, federal prosecutors have asked an appeals court to stay its decision that government agents illegally seized drug testing records and samples of more than 100 baseball players."
Posted at 07:42 AM by Howard Bashman


"Justice Stevens slows his hiring at high court": Mark Sherman of The Associated Press has an article that begins, "Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court's liberals will retire next year."
Posted at 07:40 AM by Howard Bashman


"State wants to appeal prison-crowding order to U.S. high court": Denny Walsh has this front page article today in The Sacramento Bee.

The Los Angeles Times reports today that "Schwarzenegger asks for more time for a plan to cut prison overcrowding; California has until Sept. 18 to reduce its number of inmates; The governor says he will appeal to the U.S. Supreme Court if his request isn't granted by a panel of federal judges."

And The Associated Press reports that "Calif. seeks stay of inmate-release court order."
Posted at 07:35 AM by Howard Bashman



"Californians' support for death penalty waning; A survey shows public support has dropped from 79% to 66%, as fears of executing the wrongly convicted escalate": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 07:30 AM by Howard Bashman


"C.I.A. Resists Disclosure of Records on Detention": This article appears today in The New York Times.
Posted at 07:28 AM by Howard Bashman


Tuesday, September 1, 2009

"Schwarzenegger to seek Supreme Court appeal of prison ruling": The Sacramento Bee has a blog post that begins, "Gov. Arnold Schwarzenegger wants to file an appeal with the U.S. Supreme Court of a federal order to reduce the state's prison population by more than 40,000 inmates over the next two years, his office announced Tuesday."
Posted at 11:58 PM by Howard Bashman


"Call to Jury Duty Strikes New Fear: Financial Ruin." John Schwartz will have this article Wednesday in The New York Times.
Posted at 11:57 PM by Howard Bashman


"9th Circuit Invites Additional Briefing on Former Broadcom Exec's Privilege Claim": law.com has this report.
Posted at 11:54 PM by Howard Bashman


"3rd Circuit Panel Upholds Online Gambling Ban": Shannon P. Duffy will have this article in Wednesday's edition of The Legal Intelligencer about a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 11:50 PM by Howard Bashman


Williamsport Crosscutters 9, Mahoning Valley Scrappers 4: Just back from historic Bowman Field in Williamsport, Pennsylvania, where tonight the class A short-season affiliate of the Philadelphia Phillies defeated the class A short-season affiliate of the Cleveland Indians in New York-Penn League action. You can access the box score of tonight's game at this link.

We had great seats five rows from the field near third base. The Crosscutters players were all very friendly and willing to sign autographs for all seekers before the game. You can learn more about historic Bowman Field and see plenty of photographs at this link.

There was no "potato incident" during tonight's game. You can learn more about the potato incident at this link.

Tomorrow, we travel to Altoona, Pennsylvania, where tomorrow night we will watch the Altoona Curve (the class AA affiliate of the Pittsburgh Pirates) host the Akron Aeros (the AA affiliate of the Cleveland Indians) in Eastern League action. We hope to ride the adjacent rollercoaster (photo via "BallparkReviews.com") before the game.

Update: Wednesday's edition of The Williamsport Sun-Gazette reports that "Cutters bounce back." And the game recap from the web site of the Williamsport Crosscutters is headlined "Cutters top Scrappers 9-4; Bullpen rebounds from poor outing Monday."
Posted at 10:25 PM by Howard Bashman



"Six tobacco companies suing FDA in BG court; Group: Family Smoking Prevention and Tobacco Control Act prohibits free speech." This article appears today in The Bowling Green Daily News.

The Wall Street Journal reports today that "Tobacco Giants Challenge Law."

And The New York Times reports that "Tobacco Firms Sue to Block Marketing Law."

You can view the complaint initiating suit at this link.
Posted at 04:11 PM by Howard Bashman



"Corruption convictions against Inzunza upheld": Greg Moran of The San Diego Union-Tribune has a news update that begins, "The Ninth U.S. Circuit Court of Appeals on Tuesday morning upheld the convictions on federal corruption charges of former San Diego City Councilman Ralph Inzunza. The court also upheld the acquittals of former Councilman Michael Zucchet."

According to the article, "A jury convicted both men in July 2005 on charges of trying to relax a city law that banned touching between dancers and customers at strip clubs, a change that would have allowed the clubs to make more money. Prosecutors said that effort was done in exchange for cash and campaign contributions."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:02 PM by Howard Bashman



"Woman alleging firefighter assault can't sue city": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A photographer who said she was sexually assaulted by two Sacramento firefighters at the Porn Star Costume Ball in 2004 can't hold the city responsible, a state appeals court says."

And today in The Sacramento Bee, Denny Walsh reports that "Sacramento wins appeal over firefighters' alleged sex assault."

You can access yesterday's ruling of California's Court of Appeal for the Third Appellate District at this link.
Posted at 03:35 PM by Howard Bashman



"Judge rules Kuwaiti at Guantanamo was foot soldier": Carol Rosenberg of The Miami Herald has a news update that begins, "A federal judge has upheld the military detention of a Kuwaiti man whose lawyers were among the earliest and most persistent challengers of President George W. Bush's right to lock him up as an enemy combatant at Guantanamo Bay, Cuba."

And at "SCOTUSblog," Lyle Denniston has a post titled "Al Odah loses challenge, after five years."

Yesterday, the U.S. District Court for the District of Columbia posted online the ruling, which originally issued on August 24, 2009.
Posted at 03:25 PM by Howard Bashman



"Court: Former Duke lacrosse coach can pursue lawsuit." The News & Observer of Raleigh, North Carolina has a news update that begins, "The state Court of Appeals ruled today that Mike Pressler, the former Duke University lacrosse coach, could pursue his claims of slander and libel against his former employer in the courtroom."

And The Associated Press reports that "NC appeals court allows Duke lacrosse coach's suit."

You can access today's ruling of the Court of Appeals of North Carolina at this link.
Posted at 03:14 PM by Howard Bashman



In news from Williamsport, Pennsylvania: I won't arrive there until this afternoon, but today's edition of The Williamsport Sun-Gazette contains articles headlined "Judge moves chambers to Harrisburg, promises he will remain active locally"; "Cutters let a critical one get away"; and "Unusually cool weather expected in region."
Posted at 08:02 AM by Howard Bashman


"Toyota concealed evidence in rollover cases, ex-attorney alleges; In a lawsuit, lawyer says Toyota repeatedly forced him to illegally withhold information from victims of hundreds of accidents that resulted in deaths and injuries": This article appears today in The Los Angeles Times.
Posted at 07:58 AM by Howard Bashman






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