How Appealing

Thursday, December 31, 2009

"Montana 3rd state to allow doctor-assisted suicide": The Associated Press has a report that begins, "The Montana Supreme Court said Thursday that nothing in state law prevents patients from seeking physician-assisted suicide, making Montana the third state that will allow the procedure."

You can access today's ruling of the Supreme Court of Montana at this link. And you can access the briefs filed in the case via this link.
Posted at 04:00 PM by Howard Bashman



Superior Court of Pennsylvania overturns trial court's entry of judgment notwithstanding the verdict against plaintiff who had won at trial in a hormone replacement therapy breast cancer case: You can access today's ruling, by a unanimous three-judge panel, at this link.

This is a case in which I serve as appellate counsel for the plaintiff/appellant. I previously furnished online access to the plaintiff's appellate briefs in this post that appeared on February 24, 2009, the date on which I argued the appeal.
Posted at 02:10 PM by Howard Bashman



"Prop. 8 campaign documents ruling reaffirmed": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court reaffirmed its ruling Wednesday that allowed sponsors of California's ban on same-sex marriage to withhold campaign strategy documents from gay rights advocates who are seeking to overturn the ballot measure." You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.

And in related news, The Associated Press reports that "Judge says televised Prop. 8 trial possible."
Posted at 09:37 AM by Howard Bashman



"Court vacancies erode our system of justice": Law professor Carl Tobias has this op-ed today in The San Antonio Express-News.
Posted at 09:32 AM by Howard Bashman


"Court says US can stay mum about Guantanamo surveillance; Lawyers for Guantanamo detainees want surveillance records; An appeals court ruled Wednesday that agencies could refuse to confirm or deny the existence of such records for national security": Warren Richey of The Christian Science Monitor has this report.

The Associated Press reports that "Court rules US can keep secrets in surveillance."

law.com reports that "2nd Circuit Rejects Lawyers' Petition for Records of Intercepted Calls."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Court: Feds Can Hide Alleged Spying on Gitmo Lawyers."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 09:30 AM by Howard Bashman



"'Why the delay' on campaign-finance case? Supreme Court observers await ruling on corporate spending during elections." Joan Biskupic had this article yesterday in USA Today.

Plus, Joan now has a blog where she gets to post about provocative issues such as who will be the next U.S. Supreme Court Justice to retire.

Speaking of which, next week Justice David H. Souter makes his long-awaited reappearance behind the bench for oral arguments at the U.S. Court of Appeals for the First Circuit. Perhaps this time he'll stick around long enough to actually decide some cases.
Posted at 09:14 AM by Howard Bashman



"No right to bear unlicensed machine guns, federal court says; Tennessee State Guard commander Richard Hamblen said it's his Second Amendment right as part of a militia to convert assault rifles into fully automatic weapons; The Sixth US Circuit Court of Appeals disagreed": Warren Richey of The Christian Science Monitor has this report.

My earlier coverage of yesterday's Sixth Circuit ruling appears at this link.

And in other Second Amendment-related news, Orin Kerr notes at "The Volokh Conspiracy" that the Brief for Respondents has been filed in the U.S. Supreme Court case captioned McDonald v. City of Chicago.
Posted at 09:07 AM by Howard Bashman



Wednesday, December 30, 2009

"Apple Wins Dismissal of Suit Over IPod Hearing Loss": Bloomberg News has a report that begins, "Apple Computer Inc., the maker of the bestselling iPod digital music player, won a federal appeals court ruling upholding dismissal of a lawsuit claiming the device and headsets sold with it are defective and the company doesn't adequately warn about the possibility of hearing loss."

Reuters reports that "Apple wins appeal over alleged iPod hearing loss."

Dow Jones Newswires report that "US Appeals Court Backs Dismissal Of IPod Noise Lawsuit."

And WSJ.com's "Digits" blog has a post titled "Court Holds IPod Blameless for Hearing Loss."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:14 PM by Howard Bashman



"California to seek review of decision overturning body-armor law; Atty. Gen. Jerry Brown will petition the state Supreme Court to review a lower court's ruling that overturned a law barring violent offenders from possessing body armor": This article appears today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "State to challenge body armor ruling."

My earlier coverage of the ruling appears here and here.
Posted at 05:22 PM by Howard Bashman



Is Are successful on appeal? No he isn't, the U.S. Court of Appeals for the Seventh Circuit has ruled in a decision issued today.
Posted at 03:14 PM by Howard Bashman


Second Circuit affirms rejection of FOIA lawsuit brought by attorneys for Guantanamo detainees seeking records showing whether the federal government has intercepted those attorneys' communications relating to the representation of their detainee clients: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit in this Freedom of Information Act lawsuit by clicking here.
Posted at 02:50 PM by Howard Bashman


"[W]hatever the individual right to keep and bear arms might entail, it does not authorize an unlicensed individual to possess unregistered machine guns for personal use." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a decision issued today.
Posted at 12:40 PM by Howard Bashman


"Prop. 8 backers say TV coverage of trial unwise": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "Sponsors of California's ban on same-sex marriage, which faces a federal court trial in San Francisco next month, have told the trial judge that his suggestion to televise the proceedings is both unwise and illegal."
Posted at 11:55 AM by Howard Bashman


"US appeals court nixes Vatican Bank Holocaust suit": The Associated Press has this report on a non-precedential ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 11:52 AM by Howard Bashman


On the agenda: This morning I'll be wrapping up the Brief for Plaintiffs-Appellees due today in the Superior Court of Pennsylvania in the case that caused me to travel to Scranton, Pennsylvania back on May 1, 2009.

May 1st was also the day after news broke late the night before that Justice David H. Souter was planning to retire from the U.S. Supreme Court.
Posted at 07:50 AM by Howard Bashman



"Consumer Review Website Wins 230 Dismissal in Fourth Circuit--Nemet Chevrolet v. ConsumerAffairs.com": At his "Technology & Marketing Law Blog," law professor Eric Goldman has this post about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 07:40 AM by Howard Bashman


"Federal court restricts Taser use by police; Ninth Circuit ruling -- allowing an officer to be held liable for injuries a man suffered after being Tasered -- sets a precedent that may force agencies to revisit their policies": This article appears today in The Los Angeles Times.

Today's edition of The Sacramento Bee reports that "Sacramento Sheriff McGinness defends Taser use after ruling." And yesterday's newspaper contained an article headlined "Federal appellate court limits cops' use of Tasers."

Bob Egelko of The San Francisco Chronicle reported yesterday that "Taser ruling sets standards for police, claims."

The San Jose Mercury News reports that "San Jose use of Tasers faces new scrutiny after federal court ruling."

The Contra Costa Times reports that "Federal appeals court curbs stun gun use by police."

The Denver Post reports that "Court's limits on Taser use could affect police use of less-than-lethal device."

Metropolitan News-Enterprise reports that "Court Denies Qualified Immunity to Officer Sued Over Taser Use."

And law.com reports that "9th Circuit Says Police Officer Can Be Sued for Tasing."

You can access Monday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. The three-judge panel that issued the decision consisted of Circuit Judges Harry Pregerson, Stephen Reinhardt and Kim McLane Wardlaw.
Posted at 07:35 AM by Howard Bashman



Tuesday, December 29, 2009

"Book review: Justice Kennedy's law; Understanding the 'swing voter.'" At "SCOTUSblog," Lyle Denniston has this review of Frank J. Colucci's recent book, "Justice Kennedy's Jurisprudence: The Full and Necessary Meaning of Liberty."
Posted at 05:24 PM by Howard Bashman


"We granted review in this case to determine whether a court may consider the reasonableness of attorney fees claimed in a breach of contract action where the contract does not specify that the fees incurred must be reasonable." So begins the majority opinion in an interesting case that the Supreme Court of Pennsylvania decided yesterday.

Of the five justices who participated in the ruling, three joined in the majority opinion, one issued an opinion concurring in part and dissenting in part, and the court's chief justice issued a dissenting opinion.

Pennsylvania's highest court is about to undergo, once again, a change in personnel at the start of a new year, and as a result yesterday that court issued a large number of new rulings. Many more rulings may yet be handed down before the end of 2009.
Posted at 04:35 PM by Howard Bashman



"Supreme Court has saved toughest cases for second half": Michael Doyle of McClatchy Newspapers has this report.
Posted at 12:33 PM by Howard Bashman


"Infamous 'Wardrobe Malfunction' Case Heading Back to 3rd Circuit": Shannon P. Duffy of The Legal Intelligencer has this report.
Posted at 07:28 AM by Howard Bashman


Monday, December 28, 2009

"Longtime judge John C. Godbold, dies at 89": This obituary appeared yesterday in The Montgomery Advertiser.

According to the obituary, "Godbold, appointed to the Fifth U.S. Circuit Court of Appeals by President Lyndon Johnson in 1966, became chief judge of the circuit in 1981. When the region formerly covered by the circuit was divided and the new Eleventh Circuit was created, Godbold became chief judge of the new circuit, thus making him the only person ever to serve as chief judge of two different federal circuits."
Posted at 05:32 PM by Howard Bashman



"Supreme Court: New justices, same narrow divide." Today's edition of The St. Louis Post-Dispatch contains an editorial that begins, "The last 10 years have seen a major shift in personnel on the United States Supreme Court, but it remains as narrowly divided on most issues as it has been for the last 30 years."
Posted at 07:42 AM by Howard Bashman


In today's edition of The Toronto Globe and Mail: Kirk Makin reports that "Courts falling short on effort to keep natives out of jail; Ten years after landmark ruling, prison numbers tell a dismal story."

And in other news, "Polygamist predicts opponents will be 'damned'; Religious leader who police say has 25 wives comes out swinging in online missive about legal case."
Posted at 07:40 AM by Howard Bashman



"Death penalty changes went too far, some say; After Oklahoma City bombing, measures were passed to speed up appeals process": The Oklahoman contains this article today.

And The Houston Chronicle reports today that "Harris County loses state lead in executions; Texas prison records show effect of 2005's life-without-parole option."
Posted at 07:35 AM by Howard Bashman



"Sacramento joins battle against suit attacking Chicago gun controls": This article appears today in The Sacramento Bee.
Posted at 07:34 AM by Howard Bashman


Sunday, December 27, 2009

"Mexico antiabortion forces swaying state legislatures; A year after the Supreme Court upheld a Mexico City law allowing abortion in the first trimester, 17 states have amended their constitutions to protect the unborn": The Los Angeles Times contains this article today.
Posted at 11:44 AM by Howard Bashman


"State's bills stack up in fight over anti-abortion laws; The costs include a $97,000 fee paid to an expert in abortion law and the time of state employees": This article appears today in The Tulsa World.
Posted at 11:42 AM by Howard Bashman


"Minor, ex-judges await law review": Jerry Mitchell has this article today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 11:40 AM by Howard Bashman


"Stand Your Ground Law vexing Fla. courts; Florida's 2005 Stand Your Ground law, which broadens a citizen's right to use deadly force, is vexing courts across the state": This article appears today in The Miami Herald.
Posted at 11:33 AM by Howard Bashman


"U.S. Supreme Court: How private are employee texts, e-mails?" Michael Kirkland of UPI has this report.
Posted at 11:28 AM by Howard Bashman


Saturday, December 26, 2009

"Sandra Day O'Connor is our Arizonan of the Decade": This editorial will appear Sunday in The Arizona Republic.
Posted at 10:42 PM by Howard Bashman


"Chief calls for appeal of 'misguided' armor ruling": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "San Francisco's police chief is strapping on his rhetorical armor to press the state's top cop to challenge an appeals court ruling that might make it easier for violent felons to don bulletproof vests before setting out on a crime spree."
Posted at 09:57 AM by Howard Bashman


"Judges Gone Wild: Michigan defines judicial bias down." This editorial appears today in The Wall Street Journal.
Posted at 09:54 AM by Howard Bashman


"Nevada Supreme Court: Pharmacies not liable in case ; Man was killed when struck by car driven by woman on prescription painkillers." Yesterday's edition of The Las Vegas Review-Journal contained an article that begins, "The Nevada Supreme Court ruled 5-2 Thursday that eight pharmacies in Las Vegas cannot be sued for negligence in the death of a man killed by a motorist under the influence of prescription drugs purchased at their businesses."

The Las Vegas Sun reported yesterday that "Justices rule pharmacies not liable for drug-induced mishaps."

The Wall Street Journal reports that "Nevada High Court Says Pharmacies Can't Be Sued for Death."

And The Associated Press has a report headlined "Court: Pharmacies can't be sued in death case."

You can access Thursday's ruling of the Supreme Court of Nevada at this link.
Posted at 09:44 AM by Howard Bashman



In the January 2010 issue of ABA Journal magazine: Mark Hansen has an article headlined "Taking Techs to Trial: Two terms in a row, justices weigh bringing lab analysts into court."

And John Gibeaut has an article headlined "A League of Their Own: The NFL wants to run up the score on its antitrust exemption."
Posted at 09:21 AM by Howard Bashman



"Cellphone Searches": Today's edition of The New York Times contains an editorial that begins, "The Ohio Supreme Court has struck an important blow for privacy rights, ruling that the police need a warrant to search a cellphone."

My earlier coverage of the Ohio Supreme Court's ruling can be accessed here.
Posted at 09:17 AM by Howard Bashman



"Oversight of Pa. judges is wrapped in secrecy; The Judicial Conduct Board, created to protect citizens from errant judges, is criticized as doing just the opposite": This front page article appears today in The Philadelphia Inquirer.
Posted at 09:14 AM by Howard Bashman


Friday, December 25, 2009

"Determining Venue for Terror Trial Is a Case in Itself": Saturday's edition of The New York Times will contain an article that begins, "Since the government's announcement that Khalid Shaikh Mohammed would be tried with others in Manhattan in connection with the 9/11 attacks, some lawyers and others have expressed skepticism that such a trial will ever be held in the city."
Posted at 10:11 PM by Howard Bashman


Thursday, December 24, 2009

"New court ruling about eyewitness IDs delays murder case": Today's edition of The Salt Lake Tribune contains an article that begins, "Friday's Utah Supreme Court decision essentially mandating expert testimony about the pitfalls of eyewitness identification has had an immediate impact."

In coverage of that ruling, last Saturday's edition of The Salt Lake Tribune reported that "Murder conviction nixed; Ruling to allow eyewitness experts' testimony overturns guilty verdict."

And last Saturday's edition of The Deseret News reported that "High court orders new trial in S.L. murder case."

You can access last Friday's ruling of the Supreme Court of Utah at this link.
Posted at 08:27 AM by Howard Bashman



"Sex-offender case appealed to U.S. Supreme Court": This article appears today in The Louisville Courier-Journal.
Posted at 08:22 AM by Howard Bashman


"Oklahoma Capitol to get monument; State lawmaker says Ten Commandments display could be up by summer": The Oklahoman contains this article today.
Posted at 08:20 AM by Howard Bashman


"Schwarzenegger makes last plea to U.S. Supreme Court in prison case": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 08:19 AM by Howard Bashman


"Specter looks to revive 9/11 suits against Saudis": This article appears today in The Philadelphia Inquirer.
Posted at 08:17 AM by Howard Bashman


"Effort Begun to End Voting for Judges": In today's edition of The New York Times, John Schwartz contains an article that begins, "A group of judges, political officials and lawyers, led by the retired Supreme Court Justice Sandra Day O'Connor, has begun a campaign to persuade states to choose judges on the basis of merit, rather than their ability to win an election."
Posted at 08:14 AM by Howard Bashman


Wednesday, December 23, 2009

"U.S. appeals court backs T.O. firm over Microsoft; Armed with ruling and $290 million (U.S.), i4i can now pursue other firms illegally using its software": Today's edition of The Toronto Star contains an article that begins, "Microsoft Corp. has lost an appeal against a small Toronto company in a patent fight that cost the world's biggest software maker $290 million (U.S.) and forced it to alter its ubiquitous MS Word program."

The Toronto Globe and Mail reports today that "In Microsoft battle, an upstart triumphs."

Financial Times reports that "Microsoft loses appeal in $290m patent case."

And law.com reports that "Federal Circuit Affirms $290 Million Judgment Against Microsoft; Microsoft fails to kill IP injunction over sales of its current version of Word."

My earlier coverage of yesterday's Federal Circuit ruling appears at this link.
Posted at 10:27 AM by Howard Bashman



"Canadian Rulings Revise Law on Libel": Today's edition of The New York Times contains an article that begins, "The Supreme Court of Canada released two decisions in libel suits against major newspapers on Tuesday that increase protections for journalists, bloggers and others in Canada, a country whose libel laws are unusually stringent."

In today's edition of The Toronto Globe and Mail, Kirk Makin reports that "Top court transforms press freedom with new libel defence; Updated law extends defence to new media." The newspaper also contains an editorial entitled "A landmark for free speech."

The Toronto Star reports that "Top court expands freedoms for media." The newspaper also contains an editorial entitled "Rewriting our libel laws."

The Ottawa Citizen contains an article headlined "Ruling a win for press freedom; Citizen victory widens protections against claims of defamation."

The Canadian Press reports that "Supreme Court creates new public interest libel defence for press and bloggers."

Reuters reports that "Supreme court gives media more libel protection."

CBC News has a report headlined "New libel defence allowed: Supreme Court; 2 publications fighting $1.5M, $100K libel awards."

These articles report on two separate rulings that the Supreme Court of Canada issued yesterday. You can access those rulings here and here.
Posted at 10:02 AM by Howard Bashman



"Federal Judge Declines to Dismiss Obscenity Case": At "The BLT: The Blog of Legal Times," Jordan Weissmann has a post that begins, "A U.S. district judge [Tuesday] refused to dismiss the Justice Department's case against the owner of a major pornography studio, shooting down the defense's argument that federal obscenity statutes are unconstitutional."

And Mark Kernes of Adult Video News reports that "Judge Denies Stagliano Motion To Dismiss; No date yet set for further proceedings." [Caution: Some images in the advertisements accompanying this article may be not safe for work.]
Posted at 07:54 AM by Howard Bashman



"Judge disallows 'necessity defense' in Tiller case; Judge Warren Wilbert also says the murder trial of Scott Roeder will stay in Wichita": This article appears today in The Wichita Eagle.
Posted at 07:50 AM by Howard Bashman


"A Senate vote for courtesy": The Washington Post today contains an editorial that begins, "Senators should show some goodwill for the holidays by approving pending executive and judicial nominations, some of which have languished for months."
Posted at 07:48 AM by Howard Bashman


"Plan to Move Guantanamo Detainees Faces New Delay": Charlie Savage has this article today in The New York Times.

And today's edition of The Chicago Tribune contains an article headlined "Thomson prison Guantanamo plan: Feds confirm Illinois prison could hold USS Cole bombing suspects, September 11 plotters; Public hearing marked by boos and jeers from opponents in the crowd."
Posted at 07:45 AM by Howard Bashman



Tuesday, December 22, 2009

"Judge rejects 'necessity defense' in abortion case": The Associated Press has a report that begins, "A judge ruled Tuesday that Kansas law doesn't allow a so-called 'necessity defense' in the trial of a man charged with killing one of the nation's few late-term abortion providers."
Posted at 03:34 PM by Howard Bashman


"Pfizer Jury Said to Set Prempro Damages at $8 Million": Bloomberg News has a report that begins, "Jurors said in 2007 that a Pfizer Inc. unit should pay more than $8 million in punitive damages to a woman who blamed the company's menopause drugs for her breast cancer, according to people familiar with the sealed figure."
Posted at 02:58 PM by Howard Bashman


"Court bans sale of Word; Microsoft has fix ready": The Associated Press has a report that begins, "A federal appeals court ordered Microsoft Corp. to stop selling its Word program in January and pay a Canadian software company $290 million for violating a patent, upholding the judgment of a lower court."

Bloomberg News reports that "Microsoft Must Alter Word or Stop Sales, Court Says."

Reuters reports that "Microsoft loses Word appeal, will adjust program."

And at the "Patently-O" blog, Dennis Crouch has a post titled "Appellate Court Enforces Permanent Injunction against Microsoft Word."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 02:53 PM by Howard Bashman



"OPM defies order on same-sex benefits": In today's edition of The Washington Post, Joe Davidson's "Federal Diary" column begins, "With logic only a lawyer -- and perhaps only a government lawyer -- could love, the Obama administration is refusing to obey a federal judge's order that agrees with a position the administration supports." (Via John Elwood at "The Volokh Conspiracy.")

My most recent earlier coverage of this matter appears here.
Posted at 12:07 PM by Howard Bashman



"Appeals court rejects Ky. online hotel tax suit": The Associated Press has a report that begins, "A federal appeals court has upheld the dismissal of a lawsuit in which Louisville and Lexington officials tried to collect taxes from hundreds of online hotel brokers such as Hotels.com."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:52 AM by Howard Bashman



"Sheriff deputies racked up overtime at high court": The Providence (R.I.) Journal contains this article today.
Posted at 07:38 AM by Howard Bashman


"Groups laud Cox in carp fight; AG takes bid to close Chicago-area locks to U.S. Supreme Court": This article appears today in The Detroit News.

The Detroit Free Press reports today that "Cox suit aims to shut waterways; Response to carp too slow, he says."

The Chicago Tribune contains an article headlined "Asian carp: Michigan asks Supreme Court to shut 2 corridors to Great Lakes; Great Lakes' $7 billion fishing industry threatened, Michigan says."

And The Christian Science Monitor reports that "Michigan asks US Supreme Court to act in Asian carp flap; Michigan's attorney general takes aim at Illinois canal that, many worry, could be Asian carp's entree to the Great Lakes; He petitioned the Supreme Court Monday to intervene quickly."
Posted at 07:34 AM by Howard Bashman



"N.D. Supreme Court considers racial slur case": The Associated Press has this report.
Posted at 07:28 AM by Howard Bashman


"New Michigan Supreme Court rules may be unconstitutional": Today in The Detroit News, Matthew Schneider has an op-ed that begins, "Imagine that Michigan voters elect Justices A and B to the state Supreme Court. The voters want A and B to decide cases. But suppose four other Justices think A and B might be biased. Over A and B's strong objections, they ignore the voters and ban Justices A and B from deciding cases."
Posted at 07:24 AM by Howard Bashman


"Restoring Access to the Courts": This editorial calling for the passage of legislation to overturn the U.S. Supreme Court's ruling in Ashcroft v. Iqbal appears today in The New York Times.
Posted at 07:23 AM by Howard Bashman


"Solicitor General Holds Views Close To Her Chest": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 07:21 AM by Howard Bashman


Monday, December 21, 2009

"Public corruption a familiar theme for longtime jurist": Yesterday in The Chicago Tribune, columnist John Kass had this op-ed about Justice John Paul Stevens.
Posted at 10:11 PM by Howard Bashman


"In Supreme Court Clerks' Careers, Signs of Polarization": In Tuesday's edition of The New York Times, Adam Liptak will have this new installment of his "Sidebar" column.
Posted at 10:08 PM by Howard Bashman


"Cox taking fight against Great Lakes Asian carp to Supreme Court": The Detroit News has an update that begins, "Michigan Attorney General Mike Cox is calling on the U.S. Supreme Court to flex its muscle in the fight to keep invasive Asian carp from Lake Michigan."

The Detroit Free Press has a news update headlined "Cox takes Asian carp suit to Supreme Court."

And The Associated Press reports that "Mich. files suit in US high court over Asian carp."
Posted at 03:57 PM by Howard Bashman



"Court rejects Polanski move to have case dismissed": The Associated Press has a report that begins, "A California appeals court on Monday rejected Roman Polanski's bid to have his sex case dismissed, but cited grave concerns over possible judicial and prosecutorial misconduct."

You can access today's ruling of California's Second District Court of Appeal at this link.
Posted at 03:50 PM by Howard Bashman



"White Conn. firefighters seek back pay, damages": The Associated Press has a report that begins, "A group of white New Haven firefighters who won a discrimination case before the U.S. Supreme Court are seeking back pay, damages and legal fees."
Posted at 12:15 PM by Howard Bashman


"En Banc Review In the Second Circuit": Attorneys Michael B. de Leeuw and Samuel P. Groner had this essay in last Friday's issue of The New York Law Journal.
Posted at 10:14 AM by Howard Bashman


"Cash gifts, liquid lunch -- the case for impeachment": The Associated Press has a report that begins, "It's not the lifestyle of a typical federal judge: Five or six vodka cocktails during lunch; gambling with borrowed money; bankruptcy under a phony name, and cash, trips or home repairs from lawyers and a bail bondsman with business before his court. Witnesses in the congressional impeachment case against U.S. District Court Judge G. Thomas Porteous Jr. paint a jarring portrait of the former Louisiana state judge who was appointed to the federal bench in 1994 by President Bill Clinton."

And over the past few weeks, The Times-Picayune of New Orleans has published articles headlined "Salary repayment suggestion is more sizzle than steak, observers of Thomas Porteous case say"; "Judge Thomas Porteous impeachment backed by 3 legal experts"; "Judge Thomas Porteous accused of bankruptcy fraud during impeachment hearing"; and "Bail bondsman testifies in hearing for Judge Thomas Porteous," along with an editorial entitled "Judge Thomas Porteous was the bondsman's cash cow."
Posted at 10:07 AM by Howard Bashman



Sunday, December 20, 2009

"Judge delays Oklahoma plan to post abortion details online; An Oklahoma law would require women having an abortion to fill out an anonymous questionnaire, the results of which would be made public; A legal challenge to the law will be decided Feb. 19, a judge said Friday": The Christian Science Monitor has this report.
Posted at 10:57 PM by Howard Bashman


"Court overturns California ban on violent felons owning body armor; Police advocacy group says the ruling will put officers and the public in danger; 'It's going to make criminals more bold and more likely to shoot it out with the police,' one official says": The Los Angeles Times contains this article today.

My earlier coverage of the ruling appears at this link.
Posted at 10:28 PM by Howard Bashman



"Gun maker hails Utah's bid against fed regulation; Guns made, sold and kept within state lines are exempt from fed rules, proposal says": This article appears today in The Salt Lake Tribune.
Posted at 04:42 PM by Howard Bashman


"Signed and unconstitutional": Today in The Milwaukee Journal Sentinel, Bradley A. Smith has an op-ed that begins, "Gov. Jim Doyle has signed legislation requiring Wisconsin taxpayers to fund political campaigns for the state Supreme Court, exposing the state to an almost-certain lawsuit on First Amendment grounds."
Posted at 04:40 PM by Howard Bashman


"Grandparents fight for rights": This article about Iowa's grandparent visitation law appeared Friday in The Des Moines Register.
Posted at 04:30 PM by Howard Bashman


"Judge mulls pivotal issues in Kan. abortion trial": The Associated Press has a report that begins, "A judge is weighing a critical legal question in the case of a man who confessed to killing one of the nation's few late-term abortion providers: Can the man claim at his trial that the slaying was justified to save the lives of unborn children?"
Posted at 04:28 PM by Howard Bashman


"Christian group wages campus fight; Schools' codes of conduct clashing with religious views": This article about Alliance Defense Fund appears today in The Arizona Republic.
Posted at 04:22 PM by Howard Bashman


"U.S. Supreme Court: A cast of interesting characters." UPI has a report that begins, "Who are these people on the U.S. Supreme Court, and why do they think they have the right to tell the rest of us what to do?"
Posted at 04:20 PM by Howard Bashman


"State high court refines idea of 'ownership' in truck seizure; Under forfeiture law, 'innocent owner' also responsible for a vehicle's seizure, ruling says": Yesterday's edition of The Minneapolis Star Tribune contained an article that begins, "If two Minnesotans own something together, and one of them commits a crime that causes that property to be seized, the innocent co-owner is not entitled to get it back, the Minnesota Supreme Court ruled this week."

And Friday's edition of The St. Paul Pioneer Press contained an article headlined "Wife drunk and driving the family's car? Tough; Cops can still seize it, state high court rules."

You can access last Thursday's 4-3 ruling of the Supreme Court of Minnesota at this link.
Posted at 01:23 PM by Howard Bashman



"Justices Revisit Rule Requiring Lab Testimony": Adam Liptak has this article today in The New York Times.
Posted at 12:45 PM by Howard Bashman


Saturday, December 19, 2009

"Court tosses state ban on felons' body armor": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A decade-old California law that bans possession of body armor by anyone with a violent felony conviction is unconstitutional because the average person wouldn't be able to decipher which types of bulletproof vests are prohibited, a state appeals court has ruled."

You can access Thursday's ruling of California's Second District Court of Appeal at this link.
Posted at 10:40 PM by Howard Bashman



"2nd Circuit Rejects Aliens' Claims of Unlawful Prolonged Detention": law.com has a report that begins, "The 2nd U.S. Circuit Court of Appeals has upheld the dismissal of a central claim in a high-profile putative class action filed on behalf of Arab and Muslim noncitizens who were subjected to prolonged, abusive detention by immigration officials in the wake of Sept. 11."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 06:00 PM by Howard Bashman



"Feds defy order to provide same-sex benefits": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The Obama administration refused Friday to follow a federal judge's order to provide insurance benefits to the wife of a lesbian court employee in San Francisco and said its hands were tied by a discriminatory law."

My earlier coverage of the order can be accessed here.
Posted at 04:32 PM by Howard Bashman



"Rule Invites Cameras Into Federal Civil Cases": John Schwartz has this article today in The New York Times.

My earlier coverage appears at this link.
Posted at 02:03 PM by Howard Bashman



"No More Sexting With Sotomayor on the Court": Jessica Dweck has this post at the "XX factor" blog.
Posted at 11:50 AM by Howard Bashman


"Decision a win for waggish pooches": The Omaha World Herald today contains an article that begins, "A Nebraska Supreme Court ruling issued Friday means dog owners won't have to carry liability policies along with their pooper-scoopers. The court majority said owners are not automatically liable if their pooches injure people while being playful or mischievous."

You can access yesterday's ruling of the Supreme Court of Nebraska at this link.
Posted at 11:42 AM by Howard Bashman



"Bill favoring Narragansetts clears Senate committee": Today's edition of The Providence (R.I.) Journal contains an article that begins, "Without dissent, a key Senate panel took a big step Thursday toward reversing last February's U.S. Supreme Court decision that blocked a special land status for the Narragansett Indians -- and many other tribes across the country." Yesterday's newspaper, meanwhile, contained an article headlined "Obama behind effort to reverse Indian lands ruling."

And in related coverage, The Cape Cod Times reports today that "Mashpee tribe's casino hopes kept alive."
Posted at 11:38 AM by Howard Bashman



"Supreme Court case could affect Chandra Levy slaying trial": Michael Doyle of McClatchy Newspapers has this report.
Posted at 11:32 AM by Howard Bashman


"Group sues over public financing of court candidates": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Wisconsin Right to Life sued the state Friday in federal court over a new law that provides public financing for candidates running for state Supreme Court."

The Wisconsin State Journal reports that "Anti-abortion group files suit over supreme court election law."

And The Associated Press reports that "Federal lawsuit filed over Wis. campaign law."
Posted at 11:30 AM by Howard Bashman



"Troy Davis case raising novel legal issues": Bill Rankin has this article today in The Atlanta Journal-Constitution.
Posted at 11:27 AM by Howard Bashman


"Sotomayor still overwhelmed by new life in limelight": This article appears today in The Puerto Rico Daily Sun.

And The New York Daily News reports today that "Justice Sonia Sotomayor looking for law not love; still humbled by appointment."
Posted at 11:25 AM by Howard Bashman



Friday, December 18, 2009

"Sotomayor disappointed by 'wise Latina' souvenirs": The Associated Press has a report that begins, "Sonia Sotomayor said Friday that she is touched by the outpouring of public support as the first Hispanic justice on the U.S. Supreme Court but disappointed with the commercialization of her image and, at times, startled by her own celebrity."
Posted at 05:18 PM by Howard Bashman


"Death Sentences Dropped, but Executions Rose in '09": John Schwartz has this article today in The New York Times.

The Dallas Morning News reports today that "Death sentences in Texas declining along with nationwide trend, anti-capital punishment group says."

And The Houston Chronicle contains an article headlined "Steep decline in death sentences."
Posted at 07:42 AM by Howard Bashman



"Hurry Up and Wait": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 07:35 AM by Howard Bashman


In news from Oklahoma: Today's edition of The Oklahoman contains an article headlined "Granite monument to go on north side of Oklahoma Capitol" that begins, "A Capitol preservation group has decided to place a Ten Commandments monument on the north side of the state Capitol after a law was passed last legislative session allowing the Judeo-Christian monument to be installed on the grounds."

CNN.com reports that "Online posting of women's abortion information challenged in Oklahoma."

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Oklahoma Abortion Law 'Invasive,' Critics Say."
Posted at 07:32 AM by Howard Bashman



"U.S. courts in West to allow video coverage of civil cases; The experiment in California and other states in the 9th Circuit is designed to improve understanding of how the judicial process works": Carol J. Williams has this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Policy shift could put Prop. 8 suit on TV."

Greg Moran of The San Diego Union-Tribune has a report headlined "9th Circuit: Cameras OK, sometimes."

The Honolulu Advertiser reports that "Federal courts to allow news cameras."

And law.com reports that "9th Circuit Ready for Trial Court Close-ups; Chief judge said the court hopes cameras will lead to enhanced confidence in the rule of law."

Yesterday, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release headlined "Ninth Circuit Judicial Council Approves Experimental Use of Cameras in District Courts."
Posted at 07:25 AM by Howard Bashman



Thursday, December 17, 2009

"Kin Draws Small Firm Lawyer Into High-Profile Supreme Court Privilege Case; Attorney J. Craig Smith said he received threats from big law firms that wanted him to turn over his cousin's case to them": law.com has this report.
Posted at 10:20 PM by Howard Bashman


"Young says solo 'no' vote expressed his frustration; Day of tough issues leads lawmaker to oppose Brandeis recognition": This article appears today in The Anchorage Daily News.
Posted at 10:18 PM by Howard Bashman


"Number of death sentences falls to a historic low": Robert Barnes and Maria Glod will have this article Friday in The Washington Post.
Posted at 10:17 PM by Howard Bashman


"Supreme Court delays medical malpractice damage cap ruling": The Chicago Tribune has this news update.
Posted at 10:12 PM by Howard Bashman


"Newburgh lawyer wins $34.3M verdict for client vs. drugmaker Pfizer": This article appeared Tuesday in The Times Herald-Record of Middletown, New York.
Posted at 06:02 PM by Howard Bashman


Crocs footware, on appeal: The U.S. Court of Appeals for the Federal Circuit issued this ruling today.
Posted at 01:40 PM by Howard Bashman


The Nintendo Wii, on appeal: The U.S. Court of Appeals for the Federal Circuit issued this decision today.
Posted at 01:37 PM by Howard Bashman


"Senate panel delays vote on Thompson nomination": The Providence (R.I.) Journal has a news update that begins, "The Senate Judiciary Committee has held over until the new year a vote on President Obama's nomination of Rhode Island Superior Superior Court Judge O. Rogeriee Thompson to a vacant seat on the Boston-based First Circuit U.S. Circuit Court of Appeals."

Update: The Providence Journal's news update has itself been updated to now report that "Senate panel to take up Thompson nomination Dec. 24."
Posted at 01:35 PM by Howard Bashman



"N.C. judges get easy hearing in Senate": Today's edition of The News & Observer of Raleigh, North Carolina contains an article that begins, "North Carolina Judges James Wynn of Raleigh and Albert Diaz of Charlotte, on their path to the 4th Circuit Court of Appeals, breezed through a brief confirmation hearing in the U.S. Senate on Wednesday, facing just a handful of questions from three senators."

And yesterday's edition of The Charlotte Observer contained an editorial entitled "Senate should confirm Al Diaz, Jim Wynn to court; The two state judges would add much to the U.S. 4th Circuit."
Posted at 11:54 AM by Howard Bashman



"Going Robe: Obama's judicial appointment strategy isn't working; Here's a better one." Law professor David Fontana has this essay online at The New Republic.
Posted at 11:50 AM by Howard Bashman


"Frustrated with fantasy football? Try the Supreme Court." Bill Mears of CNN.com has this report.
Posted at 11:04 AM by Howard Bashman


"Frank Coffin, Chief Judge of a Federal Appeals Court, Dies at 90": This obituary, written by Neil A. Lewis, appears today in The New York Times.

Earlier, The Portland (Me.) Press Herald had an obituary headlined "'He was a national treasure': Friends and colleagues extol the South Portland judge's outsized influence on Maine politics and the law." The newspaper also published this death notice.

The Bangor Daily News had an obituary headlined "Judge, lawmaker Frank Coffin dies; Architect of Maine Dems' revival served on federal bench for 40 years."

And The Associated Press reported that "Maine federal appeals Judge Coffin dies at 90."
Posted at 09:42 AM by Howard Bashman



"Woman held for trial in sex-for-tickets case": Today's edition of The Philadelphia Inquirer contains an article that begins, "The World Series is long over, but yesterday the legal case against a Phillies fan who allegedly offered sex for Series tickets was just going into its second inning."

And The Philadelphia Daily News reports today that "Sex-for-tix case going to trial: January date set in Common Pleas Court, Doylestown."
Posted at 09:38 AM by Howard Bashman



"Vt. court eyes value of love of man's best friend": The Associated Press has a report that begins, "Vermont's highest court is being asked to decide what a dog's love is worth."
Posted at 09:22 AM by Howard Bashman


"Sotomayor delighted with visit to island": This article appears today in The Puerto Rico Daily Sun.
Posted at 09:15 AM by Howard Bashman


"Pfizer Seeks Prempro Video's Removal From Internet": Bloomberg News has a report that begins, "Pfizer Inc. asked a judge to order the removal of an Internet video about its menopause medicines that the company says is misleading and aimed at swaying potential jurors in future trials over the pills."

You can access the video on YouTube by clicking here.
Posted at 07:44 AM by Howard Bashman



Wednesday, December 16, 2009

"Yoo torture controversy ensnares state lawyer": Bob Egelko of The San Francisco Chronicle has a news update that begins, "Critics of John Yoo, the author of the Bush administration's so-called torture memos, want a lawyer in state Attorney General Jerry Brown's office to drop his plans to teach a constitutional law class with the UC Berkeley professor next semester."
Posted at 10:40 PM by Howard Bashman


"The YouTube Bully and the Sex-Messaging Cop: Courts stick up for the constitutional rights of online troublemakers." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:37 PM by Howard Bashman


"Judges Skeptical of Defamation Claim Tied to 1998 Missile Strike": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 10:35 PM by Howard Bashman


"The words we are asked to interpret were terms of art, and their meanings were fixed by judicial definition and consistent usage. To ignore this evidence would be to turn the plain meaning rule on its head." Those words were written by Chief Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit, in an en banc concurring opinion in which Circuit Judges Jerry E. Smith and Priscilla R. Owen and Senior Circuit Judge Thomas M. Reavley joined.

The issue that divided the en banc Fifth Circuit 9-7 in an opinion issued yesterday concerns the "plain meaning" of the Packers and Stockyards Act of 1921 -- specifically, whether the purpose of the statute is to protect competition and, therefore, only those practices that will likely affect competition adversely violate the Act. Although that issue may be rather obscure, the opinions are quite interesting because they discuss, at length, when the so-called "plain meaning" rule of statutory construction should or should not apply.
Posted at 02:57 PM by Howard Bashman



"A Caribbean Christmas for Justice Sotomayor": The Associated Press has a report that begins, "Sonia Sotomayor showed off her Spanish skills and love of Puerto Rican food Wednesday on her first visit to Puerto Rico as a U.S. Supreme Court justice."
Posted at 02:25 PM by Howard Bashman


"Convict Ted Klaudt copyrights his name; Former lawmaker says news media must get his permission before running story": This article appears today in The Argus Leader of Sioux Falls, South Dakota.

And Chet Brokaw of The Associated Press has a report headlined "Ex-lawmaker convicted of rape: Name is copyrighted."
Posted at 10:22 AM by Howard Bashman



"Faith-based prison rehab case reversed": The Tampa Tribune today contains an article that begins, "Advocates for the separation of church and state scored a victory Tuesday when the 1st District Court of Appeal reversed the dismissal of their claim that state-funded, 'faith-based' rehabilitation of ex-prisoners is unconstitutional."

Today's edition of The Florida Times-Union contains an article headlined "Appellate opinion keeps faith-based case alive."

And The Associated Press reports that "Challenge to Fla. prison religious aid reinstated."

You can access yesterday's ruling of Florida's First District Court of Appeal at this link.
Posted at 08:24 AM by Howard Bashman



"Warrantless cell phone searches ruled off-limits": In today's edition of The Columbus (Ohio) Dispatch, James Nash has an article that begins, "Police can't examine the contents of a suspect's cell phone without a warrant, a divided Ohio Supreme Court ruled yesterday in a first-of-its-kind case over privacy and technology."

And The Dayton Daily News reports today that "Cell phone search requires a warrant, court rules; Greene County case sparked ruling."

My earlier coverage of yesterday's Ohio Supreme Court ruling can be accessed here.
Posted at 08:04 AM by Howard Bashman



"Delaware courts: Appeals Court to hear suit on execution procedures; If ruling upheld, death penalty would resume." Today in The News Journal of Wilmington, Delaware, Sean O'Sullivan has an article that begins, "The class-action lawsuit that has been holding up executions in Delaware for more than three years will be headed to the U.S. 3rd Circuit Court of Appeals today."
Posted at 08:02 AM by Howard Bashman


"Former Justice O'Connor leads push to end judicial elections": Bill Mears of CNN.com has this report.
Posted at 07:52 AM by Howard Bashman


"En Banc 9th Circuit Grapples With State Secrets Privilege in CIA Rendition Case": law.com has this report.

My most recent earlier coverage appears at this link.
Posted at 07:30 AM by Howard Bashman



"Court hears credit-bid arguments in newspaper case": Today's edition of The Philadelphia Inquirer contains an article that begins, "Amid an arcane legal debate over the interpretation of the U.S. Bankruptcy Code, a federal appeals panel yesterday heard arguments as to whether Philadelphia Newspapers L.L.C.'s lenders can use the money they are owed to purchase the media firm at auction."

And The Philadelphia Daily News reports today that "Newspapers, creditors vie on credit-bid issue."
Posted at 07:25 AM by Howard Bashman



Tuesday, December 15, 2009

"In a Federal Case Over 'State Secrets,' a Question of Whether Evidence Is Too Secret": In Wednesday's edition of The New York Times, John Schwartz will have an article that begins, "Eleven federal judges of the Court of Appeals for the Ninth Circuit in San Francisco offered pointed commentary and tough questions on Tuesday to lawyers arguing a case about secrecy, torture and presidential power."

In Wednesday's edition of The Los Angeles Times, Carol J. Williams will have an article headlined "Appellate panel hears arguments over 'rendition' case; Lawyers urge the judges to allow trial over five foreign men's claims that Jeppesen DataPlan Inc. of San Jose was complicit in the former terror suspects' kidnapping and torture."

And Bob Egelko of The San Francisco Chronicle has a news update headlined "Torture suit too hot to be heard, U.S. says."

You can access the audio of today's oral argument in Mohamed v. Jeppesen Dataplan before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit via this link (10.1MB Windows Media audio file).
Posted at 11:24 PM by Howard Bashman



"Commas key in battle to control Philly newspapers?" The Associated Press has a report that begins, "The future of Philadelphia's two major newspapers could turn on a pair of commas in the bankruptcy code. The newspapers' creditors seized on the commas to argue in a federal appeals court Tuesday for the right to use the $300 million owed them to bid for The Philadelphia Inquirer and Philadelphia Daily News."
Posted at 06:27 PM by Howard Bashman


"D.C. Circuit Takes Up Presidential Oath Case": Michael Newdow argued a case today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, as Mike Scarcella reports in this post at "The BLT: The Blog of Legal Times."
Posted at 04:44 PM by Howard Bashman


"Sotomayor to make 1st Puerto Rico visit as justice": The Associated Press has this report.
Posted at 04:00 PM by Howard Bashman


"Gitmo detainees not free in US after prison": The Associated Press has this report.
Posted at 02:27 PM by Howard Bashman


"State Supreme Court limits police searches of cell phones": The Columbus Dispatch has this news update.

And The Associated Press has a report headlined "Ohio justices: Cell phone searches require warrant."

You can access today's 4-3 ruling of the Supreme Court of Ohio at this link. In addition, the court's public information office issued a news release headlined "Warrantless Search of Cell Phone Data Barred Unless Necessary for Officer's Safety or to Preserve Evidence."
Posted at 12:22 PM by Howard Bashman



"Torture Roulette: The Obama administration has picked the worst possible case for its first torture trial." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:20 AM by Howard Bashman


"U.S. Said to Pick Illinois Prison to House Detainees": Charlie Savage has this article today in The New York Times.

The Washington Post reports today that "U.S. to announce transfer of detainees to Ill. prison."

The Chicago Tribune reports that "Illinois to take Gitmo detainees; U.S. to buy state prison in Thomson, source says."

The Chicago Sun-Times reports that "White House to announce Tuesday Thomson chosen for Guantanamo detainees."

The Rockford (Ill.) Register Star reports that "About 100 Gitmo detainees to come to Thomson Correctional Center; White House, Durbin confirm that announcement will be made Tuesday."

CNN.com reports that "Illinois to get some Gitmo detainees, official says."

The Associated Press has a report headlined "AP sources: Ill. prison to get Gitmo detainees."

Reuters has reports headlined "U.S. plans to transfer some Guantanamo detainees" and "U.S. shoe-bomber case weighs on Guantanamo detainees."

And Bloomberg News reports that "White House to Select Illinois Prison for Detainees."
Posted at 10:05 AM by Howard Bashman



"Court to rule on privacy of texting; Case involves messages sent on a pager owned by an employer": Robert Barnes has this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage reports that "Supreme Court takes up text privacy case; Police in Ontario, California, say their rights were violated when their boss read text messages sent on city-provided devices; The Supreme Court will hear an appeal in the case."

Warren Richey of The Christian Science Monitor reports that "Supreme Court to look at employees' privacy rights; An Ontario, Calif., police officer sued the city for violating his privacy rights when it went through personal messages sent from his department-issued pager; The Supreme Court is taking up the case."

The Washington Times reports that "High court to examine privacy at work case."

And The San Bernardino Sun contains articles headlined "High court to hear privacy suit against Ontario" and "Lawyer: Effects of case could be huge."
Posted at 08:35 AM by Howard Bashman



"Supreme Court rejects appeal of Chrysler bankruptcy exit": This article appears today in The Detroit News.

The Journal Gazette of Fort Wayne, Indiana reports today that "Justices reject state pension case; Sale of Chrysler won't be reopened."

And Brent Kendall of Dow Jones Newswires reports that "Critics Of Chrysler Sale Find Positive In High Court's Order."
Posted at 08:30 AM by Howard Bashman



"Supreme Court to hear drug deportation case; The justices will consider the case of a legal immigrant in Texas ordered deported after two minor drug convictions; Some judges have ruled that two such charges constitute an 'aggravated felony'": David G. Savage has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko has an article headlined "Immigrant crimes: Who deserves deportation?"
Posted at 08:25 AM by Howard Bashman



"Colorado Supreme Court upholds ban of smoking on stage": The Denver Post today contains an article that begins, "In the first decision of its kind, the Colorado Supreme Court on Monday extinguished hopes that theater actors would be exempted from a statewide smoking ban after all but one justice voted to uphold lower-court decisions barring cigarette use in performances."

You can access yesterday's ruling of the Supreme Court of Colorado at this link.
Posted at 08:22 AM by Howard Bashman



Monday, December 14, 2009

"Supreme Court Takes Texting Case": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 08:37 PM by Howard Bashman


"Court will rule on privacy of text messages sent on employer-owned devices; The police department in Ontario, Calif., was sued after the chief read sexually explicit texts sent by officers; An appeals court sided with officers, saying they had an expectation of privacy": David G. Savage of The Los Angeles Times has this news update.
Posted at 02:58 PM by Howard Bashman


"Supreme Court refuses case on Guantanamo detainees and torture; The case of four Britons, held two years by the US, sought to clarify legal protections for Guantanamo detainees, including regarding torture and harsh government tactics; Supreme Court justices on Monday declined to hear the case": Warren Richey of The Christian Science Monitor has this report.

And Greg Stohr of Bloomberg News reports that "U.S. High Court Rejects Appeal Alleging Torture at Guantanamo."
Posted at 02:55 PM by Howard Bashman



"The Long Vigil for Citizens United": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:08 PM by Howard Bashman


"Supreme Court Grants Cert on Fourth Amendment Protection in Text Messages": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 01:48 PM by Howard Bashman


"The Role of the U.S. Solicitor General": You can view this past Saturday's broadcast of C-SPAN's "America & the Courts" program online, on-demand by clicking here.

C-SPAN provides this description: "Supreme Court Justice Anthony Kennedy made opening remarks before a panel discussion on the role of the Solicitor General. Three former U.S. Solicitor Generals gave insights on the duties associated with the job, including arguing before the Supreme Court."
Posted at 12:08 PM by Howard Bashman



"Glaxo Said to Have Paid $1 Billion in Paxil Suits": Bloomberg News has this report.
Posted at 12:00 PM by Howard Bashman


Reuters is reporting: James Vicini has a report headlined "US high court orders Chrysler sale appeal dismissed; Sale to group led by Fiat went through in June; Chrysler, Obama administration defend deal."

And in other news, "Supreme Court rejects Guantanamo torture case."
Posted at 11:57 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review in three cases and called for the views of the Solicitor General in one case.

At "SCOTUSblog," Lyle Denniston has a post titled "Torture, Chrysler cases ended; 3 grants."

And in early news coverage, The Associated Press reports that "Court to review employer access to worker messages"; "Court rejects new appeal of Chrysler sale"; "Court won't hear appeal from ex-Gitmo prisoners"; and "High court to rule on deportation issue."
Posted at 10:07 AM by Howard Bashman



"Justice Sotomayor's First Opinion May Impact Local Practice": Today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, contains this new installment of my monthly "Upon Further Review" column.
Posted at 09:47 AM by Howard Bashman


"Judges confounded by jury's access to cyberspace; Panelists can do own research on Web, confer outside courthouse": Yesterday's edition of The Baltimore Sun contained this article.
Posted at 09:40 AM by Howard Bashman


"State Commission on Judicial Conduct has the job of judging Texas' judges": This article appears today in The Dallas Morning News.
Posted at 08:00 AM by Howard Bashman


"The Supreme Court leaves Washington in the lurch": Politico.com has a report that begins, "The U.S. Supreme Court has put off until next year a ruling that could remake the political landscape for the 2010 midterm elections, and that's making things tricky for those eagerly awaiting the decision, including political professionals, regulators, advocacy groups and even the White House."
Posted at 07:34 AM by Howard Bashman


"Judging the judges: Does secret process let errant jurists get away with breaking the law?" Today in The Houston Chronicle, Lise Olsen has an article that begins, "One federal judge got arrested for driving drunk while dressed in drag. Others stood accused of frequenting prostitutes, a strip club and a shady escort service; sexually assaulting female court employees; sucker-punching a stranger; or slapping a spouse. Federal judges have made illegal campaign contributions, falsified court records, and illegally concealed cash gifts and gambling debts. Many more have engaged in unethical or irresponsible acts, according to an investigation by the Houston Chronicle of more than 3,000 judicial misconduct matters nationwide and analysis of related records over 10 years."

The newspaper also contains a related article headlined "Despite troubles, some on bench keep salaries; Those who do admit misdeeds don't always leave the public payroll."
Posted at 07:20 AM by Howard Bashman



Sunday, December 13, 2009

"£140,000 bill for Supreme Court robes judges will hardly wear": Today's edition of The Mail on Sunday (UK) contains an article that begins, "Judges in charge of Britain's controversial new Supreme Court have been provided with robes they will hardly ever wear at a cost of £137,956 to the taxpayer. The hand-crafted black brocade robes -- embroidered with real gold thread -- will not be worn by the 12 Supreme Court Justices in normal session. They will be donned only perhaps twice a year for ceremonies such as the State Opening of Parliament or the beginning of the legal year. The rest of the time, the judges will wear everyday suits."
Posted at 05:26 PM by Howard Bashman


"For students, a right to be mean online? With schools meting out discipline for what they see as cyber-bullying, some courts, parents and free speech advocates are pushing back." This article appears today in The Los Angeles Times.
Posted at 05:18 PM by Howard Bashman


"U.S. Supreme Court: Can Scripture trump non-discrimination law?" UPI has this report.
Posted at 05:04 PM by Howard Bashman


"Adultery still crime in NH after 200 years": Norma Love of The Associated Press has a report that begins, "The original punishments -- including standing on the gallows for an hour with a noose around the neck -- have been softened to a $1,200 fine, yet some lawmakers think it's time for the 200-year-old crime of adultery to come off New Hampshire's books. Seven months after the state approved gay marriage, lawmakers will consider easing government further from the bedroom with a bill to repeal the adultery law."
Posted at 05:00 PM by Howard Bashman


"When California denies a murderer parole, should it need a reason? Eligible prisoners can't be refused early release just because of the gravity of their crimes -- 'some evidence' has to show the inmate would pose a threat to public safety, some judges have ruled." Carol J. Williams has this article today in The Los Angeles Times.
Posted at 04:58 PM by Howard Bashman


"Menopause, as Brought to You by Big Pharma": This lengthy article appears today in The New York Times.
Posted at 08:20 AM by Howard Bashman


Saturday, December 12, 2009

"Supreme Court Decision In Onstage Smoking Ban Coming Monday": Law Week Colorado has a report that begins, "Does Colorado's indoor smoking ban apply to actors performing in plays? The Colorado Supreme Court will tell us Monday when it releases its decision in Curious Theatre v. Colorado Department of Health and Public Environment."
Posted at 08:37 PM by Howard Bashman


"Supreme Court may decide whether workers' text messages are private": David G. Savage has this article today in The Los Angeles Times.
Posted at 12:55 PM by Howard Bashman


Available online from law.com: An article reports that "Federal Judges Push Back Against Recusal Proposals; Congress considers revising rules on judge disqualifications."

And in other news, "A Paid Escort Is a 'Date' Under Domestic Violence Act, N.J. Court Rules." You can access Thursday's ruling of the Superior Court of New Jersey, Appellate Division, at this link.
Posted at 10:05 AM by Howard Bashman



"Brief: 'Honest services' law beyond saving; Jeffrey Skilling's lawyers attack Sec. 1346." Lyle Denniston has this post at "SCOTUSblog." You can access the brief at this link.
Posted at 09:40 AM by Howard Bashman


Friday, December 11, 2009

"Appeals court denies gay marriage supporters' bid for Prop. 8 communications": Carol J. Williams of The Los Angeles Times has this news update.

And The Associated Press has a report headlined "Court: Prop. 8 sponsors don't have to show memos."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:15 PM by Howard Bashman



"Minor, Whitfield, Teel convictions partially reversed": The Sun Herald of Biloxi, Mississippi has this news update.

The Clarion-Ledger of Jackson, Mississippi has a news update headlined "Appeals panel tosses out Paul Minor bribery conviction."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Federal Court Reverses Bribery Convictions of former Mississippi trial lawyer and two judges."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:52 PM by Howard Bashman



"Former Ky. Speedway owners lose; Ruling could bring NASCAR Sprint Cup race sooner": The Cincinnati Enquirer has a news update that begins, "The antitrust lawsuit pursued by Kentucky Speedway's former owners against NASCAR and International Speedway Corp. suffered what could be a fatal blow Friday when a federal appeals court in Cincinnati upheld a lower court's ruling."

And The Associated Press reports that "Court rejects Ky. Speedway lawsuit against NASCAR."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 03:40 PM by Howard Bashman



"Britain, Long a Libel Mecca, Reviews Laws": This article appears today in The New York Times.
Posted at 08:14 AM by Howard Bashman


"SJC chief decries influence of 'CSI'; Judge's remark leads to appeal": The Boston Globe today contains an article that begins, "The state's top judge yesterday offered a personal review of fictional crime shows surfacing in real courtrooms -- forget about it."
Posted at 07:50 AM by Howard Bashman


"For 25 firefighters, long-awaited day arrives": Today's edition of The New Haven Register contains a front page article that begins, "Frank Ricci, a firefighter whose name became synonymous with a six-year legal fight for a promotion he believed was improperly denied, received his lieutenant's badge Thursday."
Posted at 07:45 AM by Howard Bashman


"Honest failure: Why a well-intentioned law to crack down on corruption should be struck down." This editorial appears today in The Washington Post.
Posted at 07:33 AM by Howard Bashman


"Clear up confusion on police warning": Today's edition of The St. Petersburg Times contains an editorial that begins, "A case argued this week before the U.S. Supreme Court asks whether Tampa police sufficiently advised Kevin Dewayne Powell of his rights upon arrest on a charge of illegally possessing a firearm."

And today's edition of The Tampa Tribune contains an editorial entitled "A 'quite fantastic' Miranda challenge."
Posted at 07:32 AM by Howard Bashman



"Life of Akin Gump's Thomas Goldstein could be on TV": The Washington Business Journal has this report.
Posted at 07:28 AM by Howard Bashman


"Justice Sotomayor: A Boon for Business? Professor Dana Muir and colleagues look at the judicial track record of the Supreme Court's newest justice -- and what it may mean for business." The University of Michigan's Ross School of Business has issued this news release.
Posted at 07:25 AM by Howard Bashman


"Texas Legislator Files Atypical Amicus Brief in Support of 'Pole Tax'": law.com has this report.
Posted at 07:24 AM by Howard Bashman


Thursday, December 10, 2009

"For Judges on Facebook, Friendship Has Limits": John Schwartz will have this article Friday in The New York Times.
Posted at 11:05 PM by Howard Bashman


"Court Tosses Death Sentence in Tarzana Double Murder": Metropolitan News-Enterprise has this article today about yesterday's Ninth Circuit en banc ruling. My earlier coverage of the ruling appears here.
Posted at 10:54 PM by Howard Bashman


"A gun case or Pandora's box? Ruling could trigger the unhinging of American culture." Ken Klukowski and Ken Blackwell will have this op-ed Friday in The Washington Times.
Posted at 10:50 PM by Howard Bashman


"Federal Judge Robert Henry to be president of Oklahoma City University": The Oklahoman has this news update, which features a video interview with Tenth Circuit Chief Judge Robert H. Henry.

The newspaper has also posted online a copy of the letter of resignation that Chief Judge Henry sent today to President Obama. And Oklahoma City University issued this news release today.
Posted at 10:40 PM by Howard Bashman



"Articles of Faith: Why Americans can't talk about religion and the Supreme Court." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:30 PM by Howard Bashman


"Lawyer Wrongly Accused in Madrid Bombings Can't Sue": Bloomberg News has a report that begins, "An Oregon attorney wrongly accused in the 2004 Madrid terrorism bombings was barred by a federal appeals court from challenging the constitutionality of the anti-terrorism USA Patriot Act."

And The Associated Press reports that "Federal court rules Oregon attorney Brandon Mayfield can't challenge Patriot Act."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:09 PM by Howard Bashman



U.S. Supreme Court holds ceremony to unveil marble bust of Chief Justice William H. Rehnquist: Lyle Denniston has this post at "SCOTUSblog."

Via Yahoo! News, you can access photographs taken at the ceremony here, here, here, and here.
Posted at 05:04 PM by Howard Bashman



"Tenth Circuit Chief Judge Robert Henry Stepping Down From Bench, Taking Position at Oklahoma City University": The U.S. Court of Appeals for the Tenth Circuit has issued a news release that begins, "Judge Robert H. Henry, Chief Judge of the United States Court of Appeals, Tenth Circuit, was today named to be the 17th President and CEO of Oklahoma City University by the Board of Trustees."

According to the news release, "Judge Henry will step down from the bench effective June 30, 2010." It appears that Circuit Judge Mary Beck Briscoe is next in line to be chief judge of the Tenth Circuit.
Posted at 04:50 PM by Howard Bashman



"Justices making new push to abolish elected judges": The Associated Press has a report that begins, "An old debate about whether judges should be elected or appointed is heating up again. Former Supreme Court Justice Sandra Day O'Connor and several state Supreme Court justices are planning a nationwide push during next year's state legislative sessions to end the practice of electing judges."

And at "The BLT: The Blog of Legal Times," Jordan Weissmann has a post titled "O'Connor to Helps Launch New Initiative Against Judicial Elections."
Posted at 04:40 PM by Howard Bashman



"Court to rule if Polanski can fight case from afar": The Associated Press has a report that begins, "A Los Angeles appeals court on Thursday considers whether Roman Polanski needs to appear in person to pursue his claim that his child rape case was tainted by judicial and prosecutorial misconduct and should be thrown out."
Posted at 10:44 AM by Howard Bashman


"Streaming Video of Symposium on 'Originalism and the Jury'": At "The Volokh Conspiracy," Orin Kerr has this post, which notes that you can access the video via this link.
Posted at 08:00 AM by Howard Bashman


"Gas station case reaches high court; Local owner among plaintiffs in lawsuit": Today's edition of The Sun Chronicle of Attleboro, Massachusetts contains an article that begins, " A David-and-Goliath legal battle pitting a local service station owner against an international oil company has finally reached all the way to the Supreme Court."
Posted at 07:56 AM by Howard Bashman


"Court will reconsider fetuses, drug use; Some maintain that it's a form of child abuse": This article appeared yesterday in The Louisville Courier-Journal.
Posted at 07:54 AM by Howard Bashman


"New drug conviction reversed, and US ruling is criticized": In yesterday's edition of The Boston Globe, Jonathan Saltzman had an article that begins, "At least a dozen drug and gun convictions have been overturned in Massachusetts as a result of a controversial US Supreme Court ruling six months ago that criminal defendants have a constitutional right to cross-examine forensic experts who prepare laboratory reports, according to prosecutors and defense lawyers."

You can access Tuesday's ruling of the Massachusetts Appeals Court at this link.
Posted at 07:52 AM by Howard Bashman



"Promotion day arrives for white Conn. firefighters": The Associated Press has a report that begins, "A group of white firefighters who persuaded the U.S. Supreme Court to sanction their promotions over black colleagues are receiving their new badges Thursday in a ceremony that provides symbolic recognition of their victory."
Posted at 07:45 AM by Howard Bashman


"US Supreme Court questions 'honesty' law used to convict Lord Black": This article appears today in The Times of London.
Posted at 07:40 AM by Howard Bashman


Wednesday, December 9, 2009

"Court tosses death sentence in LA double murder": The Associated Press has this report on an en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

The en banc court voted 8-3 to uphold the federal district court's order setting aside the death sentence. Chief Justice Alex Kozinski issued a spirited and lengthy dissent in which he predicts that the U.S. Supreme Court will ultimately review and reverse today's ruling.
Posted at 09:00 PM by Howard Bashman



"Federal Appeals Court Goes With 'God'": Michael Newdow will be arguing a case in the U.S. Court of Appeals for the D.C. Circuit on Tuesday of next week, Mike Scarcella reports in this post at "The BLT: The Blog of Legal Times."
Posted at 05:38 PM by Howard Bashman


"Solicitor General as 'Dr. No'": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:38 AM by Howard Bashman


"Ohio killer asks judge to stop 2nd execution try": The Associated Press has this report.

And yesterday, the U.S. Court of Appeals for the Sixth Circuit issued this lengthy opinion rejecting an Eighth Amendment challenge to Ohio's new one-drug lethal injection protocol.
Posted at 09:33 AM by Howard Bashman



"Federal grand jury starts hearing evidence against evil 9/11 mastermind Khalid Shaikh Mohammed": This article appears today in The New York Daily News, along with an article headlined "Dick Cheney hits out at Obama again by calling 9/11 trial in New York 'a huge mistake.'"

And today's edition of USA Today contains a front page article headlined "NYC top cop sees security costs of 9/11 trials rising; Kelly says city should not bear financial burden alone."
Posted at 07:54 AM by Howard Bashman



"Supreme Court dismisses challenge to Illinois forfeiture law; The Supreme Court dismissed a case pitting innocent property owners against Chicago police and prosecutors who held seized autos and other property for years under a controversial Illinois forfeiture act": Warren Richey of The Christian Science Monitor has this report.
Posted at 07:52 AM by Howard Bashman


"Supreme Court rules against Philly killer, who might now face death sentence": This article appears today in The Philadelphia Daily News.

And The Associated Press has a report headlined "Court: Reconsider death sentence for Kindler."
Posted at 07:50 AM by Howard Bashman



"Justices Appear Skeptical of Anticorruption Law": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Court weighs limiting 'honest services' law or labeling it vague; Arguments come as justices issue first opinions of term."

Jess Bravin of The Wall Street Journal reports that "Justices Question Antifraud Law; Measure Used to Prosecute Politicians and Executives Could Be Struck Down."

Joan Biskupic of USA Today reports that "Court muddled by 'vague' anti-fraud law; Review could unhinge cases on corruption."

The Toronto Globe and Mail contains an article headlined "Black appeal: Tough questions on clause; U.S. Supreme Court judges grill lawyers on 'honest services.'"

The Toronto Star reports that "Top court gives Black faint hope for freedom; U.S. Supreme Court signals it may be willing to quash underlying law."

The Toronto Sun contains an article headlined "A chance for Conrad: 'Honest services' gives fraudster hope in U.S. Supreme Court appeal."

Andrew Clark of The Guardian (UK) has reports headlined "Conrad Black's hopes of release boosted as Supreme Court attacks statute under which he was jailed; Judges join press baron's legal team to condemn the 'honest services' law also used to convict Jeffrey Skilling of Enron" and "Conrad Black gets another day in court."

The Chicago Sun-Times reports that "High court shows doubts about law used against Blago, Ryan, Black."

The Houston Chronicle reports that "'Vague' law used to convict Skilling troubles high court."

Bruce Alpert of The Times-Picayune of New Orleans reports that "William Jefferson trial question addressed in Supreme Court arguments in unrelated cases."

The New York Post contains an article headlined "High Court: Vague law may free Conrad Black."

James Vicini of Reuters reports that "U.S. top court hears ex-media baron Conrad Black's appeal."

Brent Kendall of Dow Jones Newswires reports that "US Supreme Court Criticizes Fraud Law In Conrad Black Case."

Canwest News Service reports that "U.S. high court questions law used to convict Conrad Black."

And Tony Mauro of The National Law Journal reports that "High Court Justices Take Aim at 'Honest Services' Law."
Posted at 07:44 AM by Howard Bashman



"Sotomayor Draws Retort From a Fellow Justice": Adam Liptak has this article today in The New York Times.
Posted at 07:08 AM by Howard Bashman


Tuesday, December 8, 2009

"Sotomayor's First High Court Opinion Produces Business Defeat": Greg Stohr of Bloomberg News has this report.

And Marcia Coyle of The National Law Journal reports that "Supreme Court Rejects Early Appeals of Attorney-Client Privilege Determinations."
Posted at 10:30 PM by Howard Bashman



"White House wants suit against Yoo dismissed": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues."

This blog previously mentioned the federal government's amicus brief in this earlier post.
Posted at 09:12 PM by Howard Bashman



"Supreme Court critical of 'honest services fraud' law; The justices seem poised to strike down or scale back the measure that has been used in corruption cases involving politicians, lobbyists and executives": David G. Savage will have this article Wednesday in The Los Angeles Times.

The Anchorage Daily News has an update headlined "Supreme Court hears Weyhrauch arguments."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Skeptical Of Anti-Fraud Law."
Posted at 08:54 PM by Howard Bashman



"Tipsters in Moussaoui case still quarreling over FBI reward": Greg Gordon of McClatchy Newspapers has this report.
Posted at 08:50 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Black v. United States, No. 08-876: The Court has posted the transcript at this link.

And at "SCOTUSblog," Lyle Denniston has a post titled "Reaching, or waiting, for a constitutional issue."
Posted at 02:47 PM by Howard Bashman



"Government Announces $1.4 Billion Settlement in Indian Trust Case": Jordan Weissmann has this post at "The BLT: The Blog of Legal Times."
Posted at 02:07 PM by Howard Bashman


"Killer Biros executed; says 'peace be with you'; Ohio first to use 1-drug method; 'no problems' reported": The Columbus Dispatch has this news update.

And The Associated Press reports that "Ohio executes inmate with 1-drug lethal injection."
Posted at 01:58 PM by Howard Bashman



"Court takes on federal anti-fraud law": Mark Sherman of The Associated Press has this report.
Posted at 12:04 PM by Howard Bashman


And the U.S. Supreme Court's first opinion of October Term 2009 is? The Court today issued four opinions in argued cases.

First up, Justice Sonia Sotomayor delivered the opinion of the Court in Mohawk Industries, Inc. v. Carpenter, No. 08-678. You can access the oral argument transcript at this link.

In second place, Justice Stephen G. Breyer delivered the opinion of the Court in Alvarez v. Smith, No. 08-351. You can access the oral argument transcript at this link.

In third place, Justice Ruth Bader Ginsburg delivered the opinion of the Court in Union Pacific R. Co. v. Locomotive Engineers and Trainmen Gen. Comm. of Adjustment, Central Region, No. 08-604. You can access the oral argument transcript at this link.

And last but not least, Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Beard v. Kindler, No. 08-992. You can access the oral argument transcript at this link.

In early news coverage, The Associated Press reports that "Sotomayor delivers first court opinion of new term." Of course, this is merely a result of the Court's practice of issuing opinions in argued cases in reverse order of seniority based on which Justice wrote the majority or lead opinion.
Posted at 10:07 AM by Howard Bashman



"Supreme Court Likely to Leave Accounting Oversight Board as Is": Tony Mauro of The National Law Journal has this report.

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Court Weighs Sarbanes-Oxley."
Posted at 08:20 AM by Howard Bashman



"Inmates' lawyers back plan to cut California prison crowding": Today in The Sacramento Bee, Denny Walsh has an article that begins, "Lawyers for California's sick inmates said Monday they like the Schwarzenegger administration's plan for reducing the prison population and urged a three-judge federal panel to let state officials decide what methods to use."
Posted at 08:17 AM by Howard Bashman


"Court takes on federal anti-fraud law": Mark Sherman of The Associated Press has this report.

The Independent (UK) reports today that "Black fights for his freedom in appeal against fraud conviction."

Today's edition of The Toronto Globe and Mail contains an article headlined "Black likely staying in jail: Prosecutor; Convicted of fraud and obstruction of justice in 2007, former giant of Canadian media to take his case to the U.S. Supreme Court."

The Newark (N.J.) Star-Ledger reports that "Law used to convict former Newark Mayor Sharpe James goes to U.S. Suprme Court."

The Naples (Fla.) Daily News reports that "Supreme Court to hear appeals that could impact Cabrera fraud convictions."

And The Chicago Sun-Times reports that "Feds may re-charge Blagojevich to avoid disputed law."
Posted at 08:12 AM by Howard Bashman



"Black firefighters try to halt promotions": Today's edition of The New Haven Register contains an article that begins, "Attorneys for a group of black city firefighters Monday filed a motion asking a federal court to halt the promotion of 10 other firefighters (including four minorities) who scored well enough on 2003 exams to be promoted."
Posted at 08:05 AM by Howard Bashman


"U.S. Court debates Miranda rights in Tampa case; The ruling could affect a number of major cases nationwide, including a death penalty case in Florida": This article appears today in The Miami Herald.
Posted at 07:58 AM by Howard Bashman


"Killer to be put to death today; 1st use of one-drug injection mixture will draw attention across the country": Today's edition of The Columbus Dispatch contains an article that begins, "Ohio will be squarely in the national spotlight today as it uses an untested, one-drug protocol to execute convicted Trumbull County killer Kenneth Biros."
Posted at 07:54 AM by Howard Bashman


"House urged to end election of Pa. judges; Supporters of appointing appellate court judges say that a constitutional change is needed": This article appears today in The Philadelphia Inquirer.
Posted at 07:48 AM by Howard Bashman


"Rights and Religion Clash in Court": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Court to rule on Christian group's policy."

David G. Savage of The Los Angeles Times reports that "Supreme Court will decide appeal of Christian student group; UC Hastings College of Law refused to officially recognize the Christian Legal Society because it refused to admit gays and lesbians."

The San Francisco Chronicle has an article headlined "Christian group vs. Hastings - court to decide."

And at "The School Law Blog" of Education Week, Mark Walsh has a post titled "Supreme Court to Review Rights of Student Religious Groups."
Posted at 07:44 AM by Howard Bashman



"Campaign-Finance Ruling Looms": Jess Bravin has this article today in The Wall Street Journal.
Posted at 07:25 AM by Howard Bashman


Monday, December 7, 2009

"Mistrial in Case of Broadcaster Accused of Threats to Judges": This article will appear Tuesday in The New York Times.

And law.com has an article headlined "Mistrial in Case of Blogger Accused of Threatening Judges."
Posted at 10:45 PM by Howard Bashman



"As of yet, no circuit court has confronted this issue, and the district courts that have addressed it are badly divided." So explains a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in an opinion issued today.

The decision addresses whether a federal statute providing that ""An order remanding [an erroneously removed] case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of removal" allows the award of expenses to be imposed against only the party that removed the case from state court to federal court or also allows the expenses to be imposed against that party's attorney.
Posted at 10:40 PM by Howard Bashman



"Supreme Court takes case of student group that bars gay members; Christian student group cites freedom of religion in disallowing gay members; The college cites its nondiscrimination policy; The Supreme Court has agreed to decide which will prevail": Warren Richey of The Christian Science Monitor has this report.

Greg Stohr of Bloomberg News reports that "Christian Group Rebuffed by School Gets Court Review."

And James Vicini of Reuters reports that "Supreme Court to hear religious group barring gays case."
Posted at 10:04 PM by Howard Bashman



"Supreme Court takes up 'honest services,' or anti-corruption, law; The Supreme Court will hear arguments Tuesday in two cases that explore whether a federal 'honest services' law is too vague; A third case, to be heard later, involves the anti-corruption methods used in convicting former Enron chief executive Jeffrey Skilling": Warren Richey of The Christian Science Monitor has this report.

Brent Kendall of Dow Jones Newsletters reports that "Conrad Black Appeal Could Impact White-Collar Prosecutions."

And in related news, Tuesday's edition of The Los Angeles Times will contain an article headlined "Prosecutors to revise charges against Blagojevich; An amended indictment is planned because of another case before the Supreme Court; That case may affect the federal 'honest services' statute, under which the former Illinois governor was charged."
Posted at 09:48 PM by Howard Bashman



"Famous Miranda rights warning could get rewrite": Jesse J. Holland of The Associated Press has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in Florida v. Powell, No. 08-1175, at this link.
Posted at 09:25 PM by Howard Bashman



"Supreme Court Briefing in the Year 2030": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 09:20 PM by Howard Bashman


"High court weighs constitutionality of corporate audit board; Justices consider whether law violates president's power": Robert Barnes will have this article Tuesday in The Washington Post.
Posted at 09:14 PM by Howard Bashman


"Brownstown Township man to face assault trial after Supreme Court ruling": The Detroit News has an update that begins, "The U.S. Supreme Court ruled today that Brownstown Township police officers did not violate a man's Fourth Amendment rights when they entered his home during a disturbance six years ago."
Posted at 07:35 PM by Howard Bashman


"Phelps-Roper loses appeal": The Topeka Capital-Journal has a news update that begins, "The Nebraska Supreme Court has dismissed Shirley Phelps-Roper's latest appeal in a case involving a Nebraska flag-desecration law, but her attorney said the legal battle isn't over."
Posted at 07:28 PM by Howard Bashman


"Court Spars on Oversight of Agencies": Adam Liptak will have this article Tuesday in The New York Times.

The Wall Street Journal has a news update headlined "High Court Weighs Accounting Rules."

And Greg Stohr of Bloomberg News reports that "Sarbanes-Oxley Audit Board Questioned by Justices."

You can access the transcript of today's U.S. Supreme Court oral argument in Free Enterprise Fund v. Public Company Accounting Oversight Bd., No. 08-861, at this link.
Posted at 07:25 PM by Howard Bashman



"For 9/11 Cases, a Short List of Lawyers": This article will appear Tuesday in The New York Times.
Posted at 07:18 PM by Howard Bashman


"Mistrial in case of Internet shock jock Harold (Hal) Turner, charged with threatening to kill judges": The New York Daily News has this update.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Mistrial in Case of Hate Blogger Charged With Judge Threats."
Posted at 07:04 PM by Howard Bashman



"NY judge declares mistrial in NJ blogger trial": The Associated Press has a report that begins, "A judge declared a mistrial Monday in the case against a New Jersey blogger accused of making death threats against three federal judges in Chicago because they wrote a ruling supporting gun control."

According to The AP's report, "The only juror to speak to reporters afterward, truck driver Richard Gardiner, said the jury voted 9 to 3 in favor of acquittal, with the majority seeing the government's case as weak."
Posted at 06:21 PM by Howard Bashman



In today's mail: A copy of the book "Legislating the War on Terror: An Agenda for Reform," edited by Benjamin Wittes.
Posted at 03:48 PM by Howard Bashman


"Three Supreme Court Cases Challenge Law Used to Secure High-Profile Fraud Convictions": Tony Mauro of The National Law Journal has this report.
Posted at 02:54 PM by Howard Bashman


"The Turducken Approach to Privacy Law": In Tuesday's edition of The New York Times, Adam Liptak will have this new installment of his "Sidebar" column.
Posted at 02:50 PM by Howard Bashman


"Bring On the Show Trial: The justice system needs vindication." Dahlia Lithwick has this essay in the December 14, 2009 issue of Newsweek.
Posted at 02:47 PM by Howard Bashman


"The '328 patent claims to solve the 'too much' or 'too little' information problem commonly associated with running searches over a network or system--e.g., Google or Westlaw." The patent is at issue in a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 02:22 PM by Howard Bashman


"Supreme Court weighs validity of anti-fraud law": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court cast doubt Monday on the validity of part of the anti-fraud law enacted in response to Enron and other corporate scandals early this decade."
Posted at 02:11 PM by Howard Bashman


"Ohio killer asks appeals court to stop execution": The Associated Press has a report that begins, "A condemned killer scheduled to become the first person in the U.S. put to death with a single drug on Tuesday is asking a federal appeals court to delay his execution."

And The Columbus Dispatch has a news update headlined "Killer arrives at Lucasville for first 1-drug execution; Orders cheese pizza, onion rings for last meal."
Posted at 12:27 PM by Howard Bashman



"Suit wants details about cops' online probes": In Saturday's edition of The San Francisco Chronicle, Bob Egelko had this article about a lawsuit brought by the Electronic Frontier Foundation.

In addition, EFF has issued a press release titled "Lawsuit Demands Answers About Social-Networking Surveillance; Government Agencies Withholding Information on Data-Gathering from Facebook, Twitter, and Other Online Communities" and has posted online its complaint initiating suit.
Posted at 10:28 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review in two cases.

In addition, the Court issued a per curiam opinion in Michigan v. Fisher, No. 09-91. Justice John Paul Stevens issued a dissenting opinion, in which Justice Sonia Sotomayor joined.

At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on student religious rights."

In early news coverage, The Associated Press reports that "Court to decide if college group must allow gays" and "Court to decide sentencing modification case."
Posted at 10:08 AM by Howard Bashman



"The Media and the Supreme Court: Princeton Univ. hosted a panel of journalists on the relationship between the media & the Supreme Court." You can view this past Saturday's broadcast of C-SPAN's "America & the Courts" by clicking here.
Posted at 10:00 AM by Howard Bashman


"Robots of future may need a good lawyer": The San Francisco Chronicle contains this article today.
Posted at 09:58 AM by Howard Bashman


"Supreme Court Hears Sarbanes-Oxley Case": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 07:40 AM by Howard Bashman


"A controversial view from the bench": Today in The Boston Globe, Claude R. Marx has this review of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia."
Posted at 07:35 AM by Howard Bashman


"Texas judge talks historical career, court difficulties": Today's edition of The Daily Texan contains an article that begins, "Wallace Jefferson is often called 'Texas' Barack Obama,' but the Texas Supreme Court justice has been making history long before the president's inauguration. The 46-year-old judge became the first black member of the Texas Supreme Court in 2001 and the court's first black chief justice in 2004. Jefferson discussed his career as well as current issues facing the court at the Bass Lecture Hall at the LBJ School of Public Affairs on Friday."
Posted at 07:32 AM by Howard Bashman


"Professor Carl Tobias Responds to Senator Orrin Hatch on Judicial Nominations": This essay appears online at FindLaw.
Posted at 07:30 AM by Howard Bashman


"Casino takes card-counting case to Indiana Supreme Court": The Indianapolis Star contains this article today.
Posted at 07:25 AM by Howard Bashman


"Weyhrauch case goes to Supreme Court: Question involves 'honest services officials owe to citizens": This article appears today in The Anchorage Daily News.

And The Philadelphia Daily News reports today that "28-word federal law, a key tool against corruption here, faces high court scrutiny."
Posted at 07:24 AM by Howard Bashman



Sunday, December 6, 2009

"High court to take up corruption law; 'Honest services' called too vague; prosecutors call provision vital": Robert Barnes will have this article Monday in The Washington Post.

In Monday's edition of The New York Times, John Schwartz will have an article headlined "Justices to Weigh Honest-Services Law."

Monday's edition of The Times of London will contain an article headlined "Black fights conviction under 'honest services' law."

And The Toronto Globe and Mail has a news update headlined "'Honest services' key issue in Black appeal; Top U.S. court to hold a one-hour hearing on Conrad Black's conviction."
Posted at 10:22 PM by Howard Bashman



"U.S. Supreme Court to decide: Were Tampa police clear about suspect's Miranda rights?" This article appears today in The St. Petersburg Times.
Posted at 10:12 PM by Howard Bashman


"Assuring judicial impartiality: New disqualification rule will make justices more accountable." This editorial appears today in The Detroit Free Press.

And the newspaper also contains an op-ed by columnist Brian Dickerson entitled "State's feuding justices take their drama to a new stage."
Posted at 04:45 PM by Howard Bashman



"Fund industry awaits ruling in charging case": Financial Times contains a report that begins, "For nearly 30 years the US fund industry has enjoyed overwhelming success in quashing retail investors' claims of being overcharged in comparison with institutional investors. To date, no trial judge has ever ruled in favour of a plaintiff in such cases, although some so-called excessive-fee cases have been settled. That could soon change."
Posted at 04:42 PM by Howard Bashman


"Cox to file lawsuit to block carp; Legal action to close canal locks may be filed in Supreme Court": Today's edition of The Detroit Free Press contains an article that begins, "Michigan Attorney General Mike Cox plans to file a federal lawsuit, possibly in the U.S. Supreme Court, as soon as the paperwork is done to try to shut down canal locks leading to Lake Michigan, through which Asian carp could escape into the Great Lakes."
Posted at 04:40 PM by Howard Bashman


"Conrad Black appeals 'honest services fraud' conviction; 'Honest services' law intended for political corruption; Conrad Black claims law was abused by prosecutors": The Guardian (UK) has this report.

And UPI has a report headlined "U.S. Supreme Court: Will justices hobble corruption posse?"
Posted at 04:37 PM by Howard Bashman



"Justice Gableman's positions have lawyers defending their role": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "The tension between defense attorneys and state Supreme Court Justice Michael Gableman is growing."

And The Capital Times of Madison, Wisconsin has posted online an op-ed by State Senator Mary Lazich entitled "Let the people pick their Supreme Court."
Posted at 04:33 PM by Howard Bashman



Saturday, December 5, 2009

"Lincoln and Habeas: Of Merryman, Milligan, and McCardle." Law professor John Yoo has posted this essay online at SSRN (via "Legal Theory Blog").
Posted at 09:20 PM by Howard Bashman


"The vote was about protecting state's voters": In Sunday's edition of The Milwaukee Journal Sentinel, Patience Drake Roggensack, a Justice serving on the Supreme Court of Wisconsin, will have a very interesting op-ed that begins, "Recently, the Wisconsin Supreme Court adopted a rule that states that a justice is not disqualified from a proceeding solely because his or her campaign received a lawful contribution, or because a group over which the justice has no control ran a campaign advertisement. Some articles in the media have implied that past campaign contributions or independent advertisements caused the justices to vote in favor of that rule. Those articles have not presented the full story of the concerns that the court's rule addressed. Accordingly, they are misleading and deserve a response."

In her op-ed, Justice Roggensack explains that "I voted for the rule because of my concern that the citizens who elected justices were in danger of having their votes for judicial candidates cancelled, solely due to another person's lawful contribution or due to an independent advertisement over which the justice had no control. Let me explain -- if a person made a lawful campaign contribution and that caused the justice to be disqualified from deciding legal issues presented to the court, all of the other voters who chose that justice because they believed he or she was fair, independent and knowledgeable about the law would have their votes cancelled because of the justice's disqualification."
Posted at 08:35 PM by Howard Bashman



"Police interrogation: Do you know your lawyer can be present? The US Supreme Court is considering a Florida case in which the defendant -- and Florida courts -- said he hadn't been adequately informed that his lawyer could be present." Warren Richey of The Christian Science Monitor has this report.
Posted at 08:30 PM by Howard Bashman


"Can Congress create agencies insulated from White House control? The US Supreme Court is considering whether an oversight board created by Congress intrudes on executive branch authority -- the latest battleground in the dispute over separation of powers." Warren Richey of The Christian Science Monitor has this report.

And Dow Jones Newswires report that "Supreme Court to Hear Challenge to Accounting Board."
Posted at 08:27 PM by Howard Bashman



"Obama administration seeks to kill Gitmo lawsuit": Pete Yost of The Associated Press has a report that begins, "A 2008 Supreme Court ruling giving Guantanamo Bay prisoners the right to challenge their indefinite detention does not apply in the case of two detainees who committed suicide, the Obama administration says in newly filed court papers."
Posted at 03:54 PM by Howard Bashman


Available online from law.com: An article reports that "2nd Circuit Revives Starbucks' Mark Dispute With 'Charbucks.'" My earlier coverage of the Second Circuit's ruling appears at this link.

And in other news, "N.J. Supreme Court Weighs Travelers' Right of Privacy in Baggage They Don't Claim."
Posted at 10:03 AM by Howard Bashman



"10 more firefighters receive promotions": Today's edition of The New Haven Register contains an article that begins, "It had been a decade since the city, blocked by protracted and racially charged litigation, promoted any officers in the Fire Department. Now, the city has promoted 24 in the last 72 hours as it navigates through the post-Ricci legal landscape."
Posted at 09:58 AM by Howard Bashman


"Limits to jury damage awards to be debated by Missouri Supreme Court": This article will appear Sunday in The St. Louis Post-Dispatch.
Posted at 09:50 AM by Howard Bashman


Friday, December 4, 2009

"First opinions expected Tuesday": Lyle Denniston has this post at "SCOTUSblog," casting doubt on the hypothesis I advanced earlier this afternoon.
Posted at 09:00 PM by Howard Bashman


"Italian jury finds Amanda Knox guilty of murdering British roommate": CNN.com has this report.
Posted at 06:20 PM by Howard Bashman


"NBC Developing TV Series Based on SCOTUSblog's Tom Goldstein": Debra Cassens Weiss has this post at ABA Journal's "Law News Now" blog, noting a post titled "Supreme Drama: NBC aims to make a new TV series out of the life of a Washington lawyer" at the "Capital Comment Blog" of Washingtonian magazine. Now we know why Comcast bought NBC.
Posted at 06:04 PM by Howard Bashman


"House Judiciary Schedules Hearing on Judge Recusals": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 05:10 PM by Howard Bashman


"Security company owner cleared to sue District over arrest": The Washington Post has a news update that begins, "A federal appeals court has cleared the way for the owner of a Virginia security company to sue the District for seeking to arrest him on charges of possessing unregistered handguns."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Federal Appeals Court Rules Against D.C. in Gun Suit."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 05:02 PM by Howard Bashman



"Jury gets case of blogger accused of judge threats": The Associated Press has this report.

And at the "City Room" blog of The New York Times, William Glaberson has a post titled "Prosecutors Say Blogger Was Inciting Hate."
Posted at 02:44 PM by Howard Bashman



"Behind Justice Stevens' Recusal in Florida Case": SCOTUS recusal guru Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:22 PM by Howard Bashman


"President Obama Rides To The Defense of John Yoo": At the "Concurring Opinions" blog, Dave Hoffman has this post about an amicus brief that the federal government filed yesterday in law professor John Yoo's pending Ninth Circuit appeal. (Via Jon Adler at "The Volokh Conspiracy.")

I previously linked here to Yoo's opening brief on appeal.
Posted at 02:15 PM by Howard Bashman



Delayed issuance of U.S. Supreme Court opinions in argued cases has finally been explained -- it's the Jan Crawford Greenburg effect! At "The Volokh Conspiracy," quarterback John Elwood has a post titled "So . . . Where Are The (Argued) Supreme Court Cases? Part Deux."

The most obvious explanation, at least to me, is that correspondent Jan Crawford Greenburg is sidelined from covering the Court until January 1, 2010 due to non-compete issues implicated in her move from ABC News to CBS News. The Court's first opinion issuance date of 2010 appears to be January 12th, so look for a plenty of decisions in argued cases to issue from that point forward.
Posted at 02:07 PM by Howard Bashman



"No Testimony From Judges in Prosecution of Radio Host": The New York Times today contains an article that begins, "Federal prosecutors rested their case Thursday in the trial of a New Jersey Internet broadcaster charged with threatening federal judges, without calling any of the three appeals court judges the broadcaster had written 'deserve to be killed.'"

And The Associated Press reports that "NYC trial ending for man accused of judge threats."
Posted at 10:35 AM by Howard Bashman



"Abortion Battle Shifts to Clinic in Nebraska": Today's edition of The New York Times contains an article that begins, "The national battle over abortion, for decades firmly planted outside the Kansas clinic of Dr. George R. Tiller, has erupted here in suburban Omaha, where a longtime colleague has taken up the cause of late-term abortions. Since Dr. Tiller was shot to death in May, his colleague, Dr. LeRoy H. Carhart, has hired two people who worked at Dr. Tiller's clinic and has trained his own staff members in the technical intricacies of performing late-term abortions."
Posted at 10:30 AM by Howard Bashman


Federal judge wants to watch "Girls Gone Wild" videos: Hey, it's all in a day's work. The News Herald of Panama City, Florida reports today that "Judge wants all GGW video footage; Will use content to help decide motion to dismiss case against Joe Francis." The newspaper has posted the court's order at this link.
Posted at 10:17 AM by Howard Bashman


"Prop. 8 backers likely to win disclosure fight": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge probably violated the Constitution when he ordered backers of Proposition 8, the initiative that banned same-sex marriage in California, to give their campaign strategy documents to opponents trying to overturn the measure, an appeals court said Thursday."
Posted at 08:05 AM by Howard Bashman


"Supreme Court tightens Internet luring rules; Decision says offenders need not meet intended victims to be convicted of luring children for sexual purposes": Kirk Makin has this article today in The Toronto Globe and Mail.

The Toronto Star reports today that "Online 'grooming' of kids ruled a crime; Top court orders new trial for Alberta man acquitted of luring Ontario 12-year-old."

The Toronto Sun reports that "Supreme Court clarifies Internet luring law."

The Canadian Press reports that "Supreme Court orders new trial for man acquitted in online sex chats with 12-year-old."

CBC News reports that "Top court orders new trial in internet luring case."

And Canwest News Service reports that "Top court ruling broadly defines Internet luring."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 08:04 AM by Howard Bashman



"Teacher-student sex cases to test consent defense": This article appears today in The Atlanta Journal-Constitution.
Posted at 07:26 AM by Howard Bashman


"Biographer takes a look into Scalia's influence, defiance": At CNN.com, Bill Mears has this interview with Joan Biskupic, whose new book is titled "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia."
Posted at 07:24 AM by Howard Bashman


"Selective Empathy": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "In overturning a death sentence this week of a Korean War veteran whose lawyer failed to inform the jury about the man's combat-related traumatic stress disorder, the Supreme Court drew cheers from veterans' groups and death-penalty opponents. But it also raised a question: Is selective empathy better than no empathy at all?"
Posted at 07:20 AM by Howard Bashman


"Sarbanes-Oxley Law May Be Reshaped by U.S. Supreme Court Clash": Greg Stohr and Ian Katz of Bloomberg News have this report.

And today's edition of The Wall Street Journal contains an editorial entitled "Sarbanes-Oxley on Trial: The hasty 2002 law gets a potent constitutional challenge."
Posted at 07:20 AM by Howard Bashman



"ND Supreme Court mulls value of breast implants": The Associated Press has this report.
Posted at 07:16 AM by Howard Bashman


Thursday, December 3, 2009

"Court bars practice of migrants pleading guilty in large groups": Today in The Arizona Daily Star, Howard Fischer has an article that begins, "A federal appeals court has blocked federal magistrates in Tucson from taking guilty pleas from illegal immigrants in large groups."

And The Associated Press has a report headlined "Court: Mass criminal immigration hearings unlawful."

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



"Questions about late death penalty appeal; Lawyer tied to Keller incident could face sanctions in latest missed deadline": Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 07:48 PM by Howard Bashman


"Plaintiff asked the court to issue a declaratory judgment stating that the Senate must act on [judicial] nominations within four months and that any nominee not put to a vote in that time would be deemed confirmed by the Senate 'as a matter of law.'" As a non-precedential ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday indicates, someone other than Law Professor Carl Tobias also cares a great deal about getting judges confirmed.

Perhaps finding the op-ed market on that subject all but cornered by Professor Tobias, attorney John Marshall Cogswell did what comes naturally to so many attorneys -- he sued in court. Unfortunately for Cogswell, the U.S. District Court for the District of Colorado dismissed his suit for lack of standing and for raising a non-justiciable political question, among other reasons. And yesterday, the Tenth Circuit affirmed that dismissal.
Posted at 06:05 PM by Howard Bashman



Second Circuit decides Lanham Act dispute of "Starbucks" versus "Charbucks": You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:24 PM by Howard Bashman


"Fla. property case no day at the beach for Supreme Court; Homeowners: Coastal restoration is government 'taking' of land." Joan Biskupic has this article today in USA Today.

Today in The Wall Street Journal, Jess Bravin reports that "Beach Erosion Weighed in Property-Rights Case."

Bill Mears of CNN.com reports that "Justices debate rights of beachfront land owners."

Greg Stohr of Bloomberg News reports that "Beachfront Property Rights May Be Backed by U.S. Supreme Court."

And yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "High Court Hears Beachfront Property Case" featuring Marcia Coyle.
Posted at 08:07 AM by Howard Bashman



"Killing Slaughterhouse: Understanding the controversial 1873 decision at the center of the Supreme Court's upcoming gun rights fight." Brian Doherty has this essay online at Reason.
Posted at 07:58 AM by Howard Bashman


"Reformers win a fight to clean up court races": The Capital Times of Madison, Wisconsin has posted this editorial online today.
Posted at 07:54 AM by Howard Bashman


"A question of e-mail confidentiality": Today in The Newark (N.J.) Star-Ledger, Mary Fuchs has an article that begins, "The use of personal e-mail accounts at work may be acceptable to many companies, but that doesn't mean the bosses aren't looking -- even when the conversations are between an employee and her lawyer. The state Supreme Court yesterday considered whether an employee who corresponded with her lawyer through her personal e-mail account on a company-owned laptop was protected by the attorney-client privilege."
Posted at 07:50 AM by Howard Bashman


"Parnell picks Stowers for Supreme Court; Conservative jurist is not expected to 'legislate from the bench'": This article appears today in The Anchorage Daily News.
Posted at 07:48 AM by Howard Bashman


"Harman Mining owner asks Supreme Court to reconsider": Today in The Charleston (W. Va.) Gazette, Paul J. Nyden has an article that begins, "Hugh M. Caperton, owner of Harman Mining Co. and Sovereign Coal Sales, wants the state Supreme Court to reconsider its Nov. 12 decision that dismissed the August 2002 Boone County jury verdict he won against Massey Energy."

And West Virginia Public Broadcasting reports that "Caperton petitions court to rehear case." You can access the rehearing petition at this link.
Posted at 07:46 AM by Howard Bashman



Wednesday, December 2, 2009

"Two Views of a Radio Host on Trial Over Threats to Judges": This article will appear Thursday in The New York Times.

And law.com reports that "Trial of Blogger Accused of Threatening 7th Circuit Judges Opens; Prosecutor tells jury that defendant took credit for encouraging the 2005 murders of relatives of a federal judge."
Posted at 11:22 PM by Howard Bashman



"Homeowner Rights and Hot Dog Sellers Are Talk of Court": Adam Liptak will have this article Thursday in The New York Times.

Thursday in The Washington Post, Robert Barnes will have an article headlined "Fla. beach-widening case could have even wider implications; Landowners' request for compensation heard by Supreme Court."

David G. Savage of The Los Angeles Times has a news update headlined "Justices appear sympathetic to beachfront property owners; Florida residents argue that the state can't take away their right to private beaches after it restored an eroded coastline; A majority of the Supreme Court indicates it agrees with them."

Lesley Clark of The Miami Herald reports that "Supreme Court case could affect beach restoration efforts."

Warren Richey of The Christian Science Monitor reports that "Supreme Court hears arguments in Florida beach property case; Florida took up a seven-mile-long beach restoration project, and some beach property owners say it violates their rights; On Wednesday, a lawyer for waterfront landowners encountered both skepticism and support at the Supreme Court."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Weighs Florida Beach Case."

At "SCOTUSblog," Lyle Denniston has this post about the oral argument.

You can access the transcript of today's U.S. Supreme Court oral argument in Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151, at this link.
Posted at 11:18 PM by Howard Bashman



"Former Solicitor General Feels the Wrath of Senators": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Democratic senators have for months accused the U.S. Supreme Court of stifling civil lawsuits. They've cited, most recently, the Court's 5-4 decision this year in Ashcroft v. Iqbal, which added a new plausibility requirement for lawsuits. Today, in sometimes tense exchanges, those senators went head-to-head with Gregory Garre, the former solicitor general who argued and won the case almost exactly a year ago."
Posted at 11:05 PM by Howard Bashman


"Parnell picks Stowers for Supreme Court": The Anchorage Daily News has this update.
Posted at 10:35 PM by Howard Bashman


"Spring Break, Scalia-Style: The best Supreme Court case ever about partying on the beach." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 09:57 PM by Howard Bashman


"Beachfront property dispute at Supreme Court": Mark Sherman of The Associated Press has this report.
Posted at 01:54 PM by Howard Bashman


"R.I. judge's nomination rolls smoothly through Senate hearing": Today's edition of The Providence Journal contains an article that begins, "She came from modest beginnings in the segregated South, and Tuesday Superior Court Judge O. Rogeriee Thompson came a step closer to making history as the first African-American woman to serve on the U.S. Court of Appeals for the First Circuit."
Posted at 11:24 AM by Howard Bashman


"DOJ Pays $4M a Year to Read Public Court Documents": At Wired.com's "Threat Level" blog, Ryan Singel has a post that begins, "The federal court system charged the Department of Justice more than $4 million in 2009 for access to its electronic court filing system, which is composed entirely of documents in the public domain."

Perhaps the U.S. Department of Justice will air this grievance when it completes the PACER Online Satisfaction Survey.
Posted at 10:32 AM by Howard Bashman



"Jurors defend verdict that led to Texas execution": The Associated Press has a lengthy report that begins, "David Martin is sickened by the suggestion that Texas executed an innocent man when Cameron Todd Willingham was put to death for setting a fire that killed his three children. The veteran defense attorney represented Willingham at trial. He looked at all the evidence. And he has no doubt that his client deserved to die."
Posted at 10:00 AM by Howard Bashman


"Man behind bid to ban divorce says he's playing it straight": Today's edition of The Sacramento Bee contains an article that begins, "'Till death do us part' is no idle promise to John Marcotte, a Sacramentan bent on banning divorce in California."
Posted at 07:35 AM by Howard Bashman


"Case concerns student loans, bankruptcy": Joan Biskupic has this article today in USA Today.
Posted at 07:32 AM by Howard Bashman


"Supreme Court to hear Florida beach property rights dispute; Homeowners with private beachfronts on the Gulf Coast have sued over a government program that added sand to eroded beaches and made the new strip of land public property": David G. Savage has this article today in The Los Angeles Times.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court case: Florida v. beach property owners; Beach property owners in Florida went to court after the state government added sand to the beach in front of their homes, citing erosion, and designated the new stretch public land; The Supreme Court hears arguments Wednesday."

Yesterday's edition of The Orlando Sentinel reported that "Beach replenishment trampled our rights, property owners claim; Supreme Court hears Panhandle case -- should they be compensated?"

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Court To Decide: Who Owns A Preserved Beach?" featuring Nina Totenberg.

Mark Sherman of The Associated Press has a report headlined "Beachfront property dispute at Supreme Court."

The Destin Log has a report headlined "Beach restoration in the balance: Supreme Court justices wade into local quagmire."

The Wall Street Journal contains an editorial entitled "Property Rights at the Water's Edge: The Supreme Court gets a seaside view of the Fifth Amendment."

And The St. Petersburg Times contains an editorial entitled "Florida should win battle over beaches."
Posted at 07:30 AM by Howard Bashman



"Supreme Court hears case on lawyers' free-speech rights; Firm challenges ban on certain advice to bankruptcy clients": Robert Barnes has this article today in The Washington Post.
Posted at 07:16 AM by Howard Bashman


Tuesday, December 1, 2009

Available online from law.com: Marcia Coyle of The National Law Journal reports that "High Court Considers Restrictions on Attorneys Giving Bankruptcy Advice."

In other news, "Calif. Supreme Court Shields Information in Opinion Letters; Also on Monday, the court clarifies the limits on punitive damages in a wrongful discharge case against McKesson."

And an article reports that "Vaccine Cases Spark Interest -- and an Unusual Move by Plaintiffs."
Posted at 10:50 PM by Howard Bashman



"Workman: Massey employed 'extensive pattern of fraudulent conduct'; Justice was lone dissenter in 4-1 ruling against Harman Mining." Today in The Charleston (W. Va.) Gazette, Paul J. Nyden has an article that begins, "West Virginia State Supreme Court Justice Margaret Workman cited Massey Energy's 'extensive pattern of fraudulent conduct' in a strongly worded dissent released Monday in a case that reached the U.S. Supreme Court earlier this year."

And The Associated Press reports that "Justice criticizes W.Va. court's Massey ruling."

You can access the dissenting opinion, issued yesterday, at this link.

My earlier coverage of the majority opinion, which issued earlier last month, can be accessed here.
Posted at 10:42 PM by Howard Bashman



"Democratic judge against merit picks for high court": Today's edition of The Columbus Dispatch contains an article that begins, "Letting the governor appoint members to the Ohio Supreme Court might offer Democrats their best shot of breaking the Republican monopoly on the bench. But that doesn't mean every Democrat is in favor."
Posted at 10:34 PM by Howard Bashman


"Suspect Cites Trial Delay in Seeking Dismissal": Wednesday's edition of The New York Times will contain an article that begins, "Lawyers for a terrorism suspect who spent nearly five years in American government custody before being sent to Manhattan for prosecution in a civilian court have asked a judge to dismiss his indictment, saying that the authorities had violated his constitutional right to a speedy trial, a new court filing shows."
Posted at 10:32 PM by Howard Bashman


"Doyle signs bill to publicly finance Supreme Court races": The Milwaukee Journal Sentinel has a news update that begins, "Gov. Jim Doyle on Tuesday signed a bill providing taxpayer money to Supreme Court candidates in an attempt to curtail the influence of special interests on the state's high court. Opponents of the measure have questioned its constitutionality and hinted at the possibility of a lawsuit to block the law from taking effect."
Posted at 10:30 PM by Howard Bashman


"New Haven fire board approves long-sought promotions": The New Haven Register has a news update that begins, "The Board of Fire Commissioners today approved the promotions of one Hispanic and 13 white firefighters, giving them the advancement they fought for all the way to the U.S. Supreme Court."
Posted at 10:28 PM by Howard Bashman


"This case began in 1986, when Burton W. Kanter, a well-known tax attorney and businessman, filed a petition seeking review of the Commissioner of Internal Revenue's determination that he had not paid all his taxes." So begins today's ruling of the U.S. Court of Appeals for the Seventh Circuit in Kanter v. Commissioner.

Today's opinion goes on to explain, "Since then, the case has taken a yo-yo path through our judicial system, from the Tax Court to the Supreme Court and back again."
Posted at 09:03 PM by Howard Bashman



"Photo of naked child not porn, state Court of Appeals rules; The court reversed the Clay County District Court conviction of Gary Lee Johnson on one count of possession of child pornography; The image at issue was of an 11- or 12-year-old girl": The Minneapolis Star Tribune has a news update that begins, "To be considered child pornography, a photo must show an act of sexual stimulation or gratification, the state Court of Appeals said today, setting aside the conviction of a man who had a photo of a naked child on his cell phone."

You can access today's ruling of the Minnesota Court of Appeals at this link.
Posted at 08:54 PM by Howard Bashman



"Federal Law Limiting Legal Advice Draws Particular Interest at the Supreme Court": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 08:37 PM by Howard Bashman


Amendments to the Federal Rules of Appellate Procedure take effect today: Today is the first day of the so-called "days are days" approach to calculating time. And no, that's not some 10,000 Maniacs song.

You can access the federal rule amendments taking effect today by clicking here. I previewed these appellate rule changes in the April 2009 installment of my "Upon Further Review" column published in The Legal Intelligencer, headlined "The Approaching Dawn of a New 'Day' Under the Federal Appellate Rules."
Posted at 04:28 PM by Howard Bashman



"Lazarus wins final seat on state Superior Court": Paula Reed Ward if The Pittsburgh Post-Gazette has a news update that begins, "Following a state-mandated recount for the fourth open seat on the Pennsylvania Superior Court, Philadelphia County Common Pleas Judge Anne E. Lazarus has been declared the winner."

The Pennsylvania Department of State has issued a news release headlined "Recount in Close Superior Court Election Confirms Original Winner; Anne E. Lazarus of Philadelphia Wins Fourth Open Seat" and has posted online a "Declaration of Recount Returns."
Posted at 03:42 PM by Howard Bashman



"House Weighs Impeachment of Judge in an Unusual Move": Nathan Koppel and Dionne Searcey have this article today in The Wall Street Journal.

And yesterday's edition of The Times-Picayune of New Orleans reported that "Probe of U.S. District Judge Thomas Porteous could touch lawyers."
Posted at 10:00 AM by Howard Bashman



"Federal judges to take stand in trial of New Jersey shock jock Harold (Hal) Turner": This article appeared yesterday in The New York Daily News.
Posted at 09:34 AM by Howard Bashman


"Trial ordered after high court age bias ruling": Reuters has a report that begins, "A federal appeals court on Monday ordered a new trial in a case that led the U.S. Supreme Court in June to make it harder for workers to win age discrimination lawsuits. A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit said FBL Financial Group Inc, an insurance and financial services company, deserves a new trial on an age bias claim by Jack Gross, a former claims administration director."

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



"Terror by Trial Lawyer": Today in The Wall Street Journal, columnist William McGurn has this op-ed about the proposed federal legislation known as the Notice Pleading Restoration Act of 2009.
Posted at 08:14 AM by Howard Bashman


"Supreme Court refuses to hear death row inmate's appeal; Kevin Cooper was convicted in 1985 of stabbing to death 2 adults and 2 children; His attorneys argued that exculpatory evidence was destroyed or suppressed, but the high court declined to intervene": Carol J. Williams has this article today in The Los Angeles Times.

And The Contra Costa Times reports today that "U.S. Supreme Court denies Kevin Cooper's appeal."
Posted at 08:12 AM by Howard Bashman



"Supreme Court Overturns Decision on Detainee Photos": Adam Liptak has this article today in The New York Times.

And today in USA Today, Joan Biskupic reports that "High court rejects detainee photos' release; Justices refer to act giving authority to Defense secretary."
Posted at 08:10 AM by Howard Bashman



"Supreme Court rejects case of valedictorian who mentioned Jesus; A high school valedictorian argued that her free-speech rights were violated when she was forced to apologize to the student body for talking about Jesus in her graduation speech; The Supreme Court refused to hear the case Monday": Warren Richey of The Christian Science Monitor has this report.
Posted at 08:05 AM by Howard Bashman


"Court hears case on whistle-blower suits; Justices explore law that blocks citizens from suing": Joan Biskupic has this article today in USA Today.
Posted at 08:04 AM by Howard Bashman


"Justices Say Capital Cases Must Weigh War Trauma": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Death-row inmate's military service is relevant, justices say; Court faults lawyer for not presenting mitigating evidence."

And David G. Savage of The Los Angeles Times reports that "Supreme Court throws out Korean war veteran's death sentence; PTSD must be considered by a jury, the justices rule for the first time in a Florida case in which murderer George Porter's own lawyer didn't know he served in the Army, earning two Purple Hearts."
Posted at 08:02 AM by Howard Bashman



"U.S. Supreme Court refuses to overturn S.D. woman's award; Justices won't hear appeal from Ford": In today's edition of The San Diego Union-Tribune, Greg Moran has an article that begins, "The U.S. Supreme Court will not review a last-ditch effort by automaker Ford to overturn an $82 million award for a San Diego woman who was left paralyzed when her Explorer rolled over and crushed her spine."

In today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court rejects Ford's appeal in rollover case; A San Diego woman won $83 million after her Explorer rolled over and its roof partially collapsed; The accident paralyzed her."

And in The San Francisco Chronicle, Bob Egelko reports that "$55 million award for SUV rollover upheld."
Posted at 07:55 AM by Howard Bashman



"Marriage battleground shifts to Massachusetts": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The focus of the legal dispute over the federal refusal to recognize same-sex unions has shifted from California to Massachusetts, where the courts will tackle the question of whether Congress must treat all state-approved marriages equally."

And today in The Los Angeles Times, Maura Dolan has an article headlined "One question divides same-sex marriage proponents: When? Some want to set a vote in 2012 on overturning Proposition 8, fearing that the planned 2010 ballot measure, if it fails, could further polarize voters."
Posted at 07:52 AM by Howard Bashman



"New recusal rules for Mich. Supreme Court under fire": The Detroit News contains this article today.

You can access the new recusal rules, and the opinions issued in support of and dissenting from their approval, at this link.
Posted at 07:45 AM by Howard Bashman



"Republicans revive Obama court pick fight; Hope to defeat Butler, Chen": This article appears today in The Washington Times.

Yesterday in The Baltimore Sun, law professor Carl Tobias had an op-ed entitled "Ending 'confirmation wars': Despite rancor over Hamilton nomination, there are signs these fights may be over." In addition, online at McClatchy Newspapers, Tobias has an op-ed entitled "Filling lower federal court openings."

And The Capital Times has posted online an op-ed by Stanley Kutler entitled "Obama risks losing his judicial prize."
Posted at 07:42 AM by Howard Bashman



"Some Justices Voice Skepticism of Merck in Vioxx Case": Brent Kendall of Dow Jones Newswires has this report.

And law.com's Tony Mauro reports that "High Court Seems Unconvinced by Merck in Vioxx Arguments."
Posted at 07:34 AM by Howard Bashman







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