How Appealing

Thursday, September 30, 2010

"What Were They Thinking: The Supreme Court in Revue, October Term 2009." Via "The Volokh Conspiracy" comes word that John P. Elwood has posted this article online.
Posted at 11:42 PM by Howard Bashman


"Cheap at the price: Britain's new highest court has made few headlines; It matters all the same." The Economist has this report.
Posted at 11:36 PM by Howard Bashman


"Reshaped Supreme Court charts new era": Joan Biskupic will have this article Friday in USA Today.

And Friday's edition of The Washington Times will contain an article headlined "High-profile cases fill Supreme Court docket; Kagan recused from many."
Posted at 11:35 PM by Howard Bashman



"Church's protests at military funerals a free-speech test for Supreme Court": Robert Barnes will have this article Friday in The Washington Post.
Posted at 11:30 PM by Howard Bashman


"Alito: High court TV has pitfalls." The Associated Press has this report.

The Des Moines Register has a blog post titled "Alito says television cameras would impact Supreme Court proceedings."

And in somewhat related news, The Kentucky Kernel -- the student newspaper of the University of Kentucky -- reports today that "Alito to tell of Washington experiences."
Posted at 11:28 PM by Howard Bashman



"Judge To Allow 90-Minute Closing Arguments In Steven Hayes Case": The Hartford Courant has this news update.

The New Haven Register has a news update headlined "State granted extra time for Hayes closing argument."

And The Associated Press reports that "Defense challenges evidence in Conn. home invasion."
Posted at 04:33 PM by Howard Bashman



"Roberts-led Supreme Court marks 5 years": Bill Mears of CNN.com has this article, along with an article headlined "The Kagan factor: Will she be a reliable liberal on the bench?"
Posted at 03:02 PM by Howard Bashman


"This published order will constitute a public reprimand of Cyrus Sanai in the form of a published opinion in West's Federal Reporter." So states an order that the Judicial Council of the Ninth Circuit issued today.
Posted at 02:58 PM by Howard Bashman


Three-judge Ninth Circuit panel proves unable to vanquish legal dispute over ownership of the idea behind "Ghost Hunters" television series: Back on June 3, 2010, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a ruling in which, according to an article by Steven M. Ellis of Metropolitan News-Enterprise, "[t]he Ninth U.S. Circuit Court of Appeals * * * declined to reinstate a lawsuit accusing NBC Universal and the former Sci-Fi Channel of stealing the idea for the television show 'Ghost Hunters.'"

In other coverage of the original three-judge panel's ruling, the "THR, Esq." blog of The Hollywood Reporter had a post titled "Appeals court sides with NBC Universal in 'Ghost Hunters' idea theft case."

Today, however, the Ninth Circuit issued this order granting rehearing en banc in the case. Thus, the dispute over ownership of the idea behind "Ghost Hunters" remains alive. Yes, it's alive!!! Rather spooky, isn't it?
Posted at 02:44 PM by Howard Bashman



Ninth Circuit affirms the dismissal of a lawsuit challenging Alaska's "merit selection" process for choosing state court judges: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:28 PM by Howard Bashman


"Like many, Beverly Stayart was curious about what she would find when she put her name into a search engine. In this case it was Yahoo. To her dismay, the comprehensive search results eventually contained links to websites and advertisements that she found shameful." So begins today's ruling of the U.S. Court of Appeals for the Seventh Circuit in Stayart v. Yahoo! Inc.

Law professor Eric Goldman, at his "Technology & Marketing Law Blog," has provided earlier coverage of this case and a related lawsuit in posts that you can access here, here, and here.
Posted at 02:06 PM by Howard Bashman



"Judge Posner: Conrad Black's crimes 'old-fashioned fraud'; But former media mogul tells appeals court his conviction should be overturned." This article appears today in The Chicago Sun-Times.

The Palm Beach Daily News reports today that "Conrad Black's attorneys cite Honest Services Law weakening in appeal of his conviction."

The Guardian (UK) contains an article headlined "Conrad Black has 'good chance' of clearing name in court; Former Telegraph owner Black's lawyers challenge convictions at US appeal court; Legal experts say Black has good chance of overturning three of four convictions."

National Post has an article headlined "Looks like fraud: judge in Black case."

Luiza Ch. Savage of Macleans reports that "U.S. judges grill lawyers in Conrad Black case."

The Associated Press reports that "Minnie Mouse metaphor gets laugh in Black's appeal."

And Reuters reports that "U.S. judges weigh ex-mogul Conrad Black's appeal; Ex-media mogul Black's appeal critiqued by judges; 'Honest services; law under microscope; Appeals court will issue ruling at later date."
Posted at 08:30 AM by Howard Bashman



"Brothers on nationwide walk rail against Supreme Court election decision": Paul J. Nyden had this article yesterday in The Charleston (W. Va.) Gazette.
Posted at 08:22 AM by Howard Bashman


"Shady Secrets": The New York Times today contains an editorial that begins, "A midnight filing by the Obama administration on Friday, asking a federal judge to throw out a lawsuit because of the so-called state secrets doctrine, again raises a troubling question."
Posted at 08:12 AM by Howard Bashman


"Steven Hayes Defense: I Am Less of A Monster Than Komisarjevsky; This Is Legal Strategy and Nonsense." Columnist Helen Ubinas has this essay today in The Hartford Courant.

And in related coverage, the newspaper also reports that "Attorney Wants Hearing On Possible Contempt Charge Postponed; Donovan Asks For 13-Day Continuance But Doesn't Say Why."
Posted at 08:10 AM by Howard Bashman



"Next Supreme Court Term Could Be Hard On Plaintiff Lawyers": Daniel Fisher has this post at his "Full Disclosure" blog at Forbes.com.
Posted at 08:07 AM by Howard Bashman


"Judge who struck down Prop. 8 to retire": Bob Egelko has this article today in The San Francisco Chronicle.

In today's edition of The San Jose Mercury News, Howard Mintz reports that "Federal Judge Vaughn Walker announces retirement."

Maura Dolan of The Los Angeles Times reports that "Judge who overturned Proposition 8 to retire."

And The Recorder reports that "Calif. Federal Judge in Gay Marriage Case to Return to Private Practice."
Posted at 08:05 AM by Howard Bashman



"Supreme Court Justice Samuel Alito to give Opperman Lecture": Drake University issued this news release today.
Posted at 07:54 AM by Howard Bashman


"High court looks at military funeral protests": Mark Sherman of The Associated Press has this report.
Posted at 07:38 AM by Howard Bashman


Wednesday, September 29, 2010

"Big cases await U.S. Supreme Court's 2010-2011 term": Bill Mears of CNN.com has this report.
Posted at 11:06 PM by Howard Bashman


"President Obama Names Two to U.S. Circuit Courts": The White House today issued a news release that begins, "Today, President Obama nominated Caitlin Halligan for a seat on the United States Court of Appeals for the District of Columbia Circuit and Jimmie V. Reyna to the United States Court of Appeals for the Federal Circuit."

And at "The BLT: The Blog of Legal Times," David Ingram and Mike Scarcella have a post titled "Obama Nominates N.Y. Lawyer to D.C. Circuit."
Posted at 11:00 PM by Howard Bashman



"AP Source: Obama to tap NY lawyer for DC circuit." The Associated Press has a report that begins, "President Barack Obama is nominating an attorney from New York County's district attorney's office to a vacancy on the U.S. Court of Appeals for the D.C. Circuit. A government official said Wednesday that Obama was nominating Caitlin Halligan, general counsel at the D.A.'s office, to the court."

You can learn more about the rumored nominee here and here.
Posted at 04:57 PM by Howard Bashman



"Judges hear arguments in Conrad Black appeal": The Associated Press has this report.

Bloomberg News reports that "Black's Lawyers Tell Appeals Court to Throw Out Mail Fraud Conviction."

And CTV News reports that "Judge skeptical of Black lawyer's arguments."

The U.S. Court of Appeals for the Seventh Circuit has already posted the oral argument audio file online for download (7.83MB mp3 audio file).
Posted at 02:28 PM by Howard Bashman



"Senate Responds To Justices on Crush Videos": Marcia Coyle has this post today at "The BLT: The Blog of Legal Times."

The Statesman-Journal of Salem, Oregon reports today that "Bill would ban animal-abuse videos; Oregon Sen. Jeff Merkley's legislation targets so-called animal 'crush' depictions."

And earlier this week, Bill Mears of CNN.com reported that "Senators introduce law to ban 'crush' videos of animal cruelty."
Posted at 12:03 PM by Howard Bashman



"Royalty formula for music-streaming sites is flawed, court rules; A federal appeals court sides with Yahoo and RealNetworks in a legal battle with songwriters; The ruling could affect many other websites that stream music": The Los Angeles Times has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.

In other coverage, Reuters reports that "Court orders music download license fee review."

And Variety reports that "Appeals court tosses ASCAP fees; Yahoo and RealNetworks score a victory."
Posted at 11:38 AM by Howard Bashman



"Could corporate-privacy case gut FOIA?" Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 11:30 AM by Howard Bashman


"Jail Confession Is Retold in a Triple Murder Trial": The New York Times contains this article today.

The Hartford Courant reports today that "Correction Officer Says Hayes Admitted Killing Hawke-Petit; Testimony In Case Ends; Final Arguments Expected Later This Week."

And The New Haven Register reports that "Testimony ends in Hayes trial: Case expected to go to jury Monday."
Posted at 10:05 AM by Howard Bashman



"Fair Courts in the Cross-Fire": Today's edition of The New York Times contains an editorial that begins, "Holding elections to fill important state judgeships is one of those ideas that may sound good in theory but works terribly in practice."
Posted at 09:55 AM by Howard Bashman


"Central Florida group seeks ouster of 2 high-court judges; A group seeks the removal of two Florida Supreme Court judges over a federal healthcare law decision": The News Service of Florida has this report.
Posted at 08:42 AM by Howard Bashman


"Appeal by reputed Klansman Seale still could be heard by high court": Jerry Mitchell has this article today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 08:24 AM by Howard Bashman


"Senators hear reasons to close loophole; High court's ruling affected conviction of Enron leader": This article appears today in The Houston Chronicle.
Posted at 08:22 AM by Howard Bashman


"Supreme Court to hear Anna Nicole Smith estate case": Joan Biskupic has this article today in USA Today.

Mark Sherman of The Associated Press reports that "Pfizer stock sold, Roberts to hear company's cases."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Kagan Recused From Pending Supreme Court Cases" featuring Nina Totenberg.
Posted at 08:15 AM by Howard Bashman



"Black bids to nullify convictions": Today's edition of National Post contains an article that begins, "Conrad Black's legal juggernaut continues today in a U.S. appeals court where a panel of judges will be asked to overturn his three mail and wire fraud convictions in the wake of the U.S. Supreme Court's decision in June to set aside the former media baron's honest-services convictions."

And The Palm Beach Daily News reports today that "Conrad Black to seek dismissal of conviction at U.S. Court of Appeals."
Posted at 07:58 AM by Howard Bashman



Tuesday, September 28, 2010

"Chief Justice Roberts Sells Pfizer Shares": Brent Kendall of Dow Jones Newswires has a report that begins, "Chief Justice John Roberts Jr. recently sold his stock holdings in Pfizer Inc., which clears him to participate in two cases involving the drug maker that are pending on the Supreme Court's docket."
Posted at 07:44 PM by Howard Bashman


"Supreme Court Takes Cases on Corporate Rights": Adam Liptak will have this article Wednesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to consider corporate privacy rights, estate of Anna Nicole Smith."

And David G. Savage of The Los Angeles Times has a news update headlined "High court to take case that could loosen rule on illegally seized evidence; The justices will decide Kentucky vs. King, in which police searched and took evidence from an apartment that they entered by mistake; It's among the 14 cases they will take on this term."
Posted at 07:38 PM by Howard Bashman



"Diaz closer to confirmation for federal bench; Senate could vote this week on Charlotte judge's appointment -- if Democratic leaders push for it": This article appears today in The Charlotte Observer.

And in today's edition of The Washington Post, Attorney General Eric H. Holder Jr. has an op-ed entitled "Now vacant: A confirmation crisis in our courts."
Posted at 07:20 PM by Howard Bashman



"High court will put audio of every argument on web": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Will Release Argument Audio on Delayed Basis."
Posted at 11:33 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Order List can be accessed here.

In early news coverage, The Associated Press has reports headlined "High court takes case on corporate privacy"; "High court will reconsider Anna Nicole Smith case"; and "High court enters legal fight over Navy plane."

And at "SCOTUSblog," Lyle Denniston has a post titled "A review of 'state secrets.'"
Posted at 10:50 AM by Howard Bashman



"Steven Hayes Case To Resume; Contempt Hearing Set": This article appears today in The Hartford Courant.

The New Haven Register reports today that "Cheshire murder suspect's lawyer to face judge: Donovan ordered to explain failure to observe gag order."

And CNN.com reports that "Testimony resumes in Connecticut home invasion case."
Posted at 08:30 AM by Howard Bashman



"Scholars debate funeral-protest Supreme Court case at KU event": The Lawrence Journal-World contains this article today.

The Topeka Capital-Journal reports today that "Lawyers ponder picketing case."

And The University Daily Kansan reports that "First Amendment, controversial protests up for debate."
Posted at 08:20 AM by Howard Bashman



"Law school hosts 23rd Supreme Court preview": This article appears in The Flat Hat, the student newspaper of the College of William and Mary.
Posted at 08:14 AM by Howard Bashman


"Judges toss evidence in former legislator's case; Prosecutors will have harder time proving fraud": The Anchorage Daily News today contains an article that begins, "Following the lead of the U.S. Supreme Court, a panel of judges from the 9th U.S. Circuit Court of Appeals has thrown out evidence that federal prosecutors hoped would prove that former Rep. Bruce Weyhrauch violated his duty to Alaskans."

And Bloomberg News reports that "Ex-Alaska Lawmaker Weyhrauch Wins U.S. Ruling on Corruption Trial Evidence."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:04 AM by Howard Bashman



"Securities Ruling Limits Claims of Fraud": In today's edition of The Wall Street Journal, Nathan Koppel and Ashby Jones have an article that begins, "The U.S. Supreme Court has given multinational companies a powerful new legal defense against fraud claims made by some of their investors."
Posted at 07:40 AM by Howard Bashman


Monday, September 27, 2010

"Internet ruling that could 'break the web' among Supreme Court dockets": Janice Tibbetts, justice and public safety reporter for Postmedia News (formerly known as Canwest), has an article that begins, "In its first direct look at the legal rules governing the Internet, the Supreme Court of Canada will consider this fall whether the common practice of hyperlinking can expose a writer to a lawsuit. The nine-member bench will also consider whether you can consent to sex when you're voluntarily choked unconscious and whether the public has the right to know about the daily comings and goings of the prime minister. The cases are among two dozen appeals on a busy autumn docket, which gets underway next week following relatively sparse winter and spring terms."
Posted at 10:33 PM by Howard Bashman


"West Virginia Justice Reverses Self, Recuses In Malpractice Case": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 10:23 PM by Howard Bashman


"Vacant Stares: Why don't Americans worry about how an understaffed federal bench is hazardous to their health?" Dahlia Lithwick and Carl Tobias have this jurisprudence essay online at Slate.
Posted at 08:07 PM by Howard Bashman


"A Judge's Warning About the Legitimacy of the Supreme Court": Lincoln Caplan has this editorial observer essay today in The New York Times.
Posted at 08:04 PM by Howard Bashman


"Appeals panel may reimpose stem-cell ban": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 05:00 PM by Howard Bashman


"Appeals court considers ban on stem cell research": The Associated Press has a report that begins, "The Obama administration has told an appeals court that a judge's order halting federal funding of stem cell research would result in destruction of valuable biological materials and set back taxpayer-funded work."
Posted at 12:25 PM by Howard Bashman


"Funeral protests, violent video games on center stage": Tony Mauro has this updated news analysis online at the First Amendment Center.
Posted at 12:07 PM by Howard Bashman


"Citizens United finds niche after landmark case": The Associated Press has this report.
Posted at 10:20 AM by Howard Bashman


Sunday, September 26, 2010

Jess Bravin of The Wall Street Journal is reporting: In Monday's newspaper, he will have articles headlined "Free Speech Tested Anew in Digital Age; Supreme Court Will Consider First Amendment Rights as They Apply to Two Cases Involving the Internet and Videogames" and "Justice Brennan's Legacy Explored in New Book."
Posted at 10:58 PM by Howard Bashman


"Westboro group presents arguments at VCU mock court hearing": The Richmond Times-Dispatch has this news update.
Posted at 08:14 PM by Howard Bashman


"Justice Kagan faces first Supreme Court test Monday": Joan Biskupic will have this article Monday in USA Today.
Posted at 08:05 PM by Howard Bashman


"Ruling on young, violent lifers puts Florida justice on the spot; A U.S. Supreme Court ruling banning life sentences for a class of violent juveniles has put Florida in a legal quandary when deciding the offenders' new prison terms": This article appears today in The Miami Herald.
Posted at 10:45 AM by Howard Bashman


"Under the U.S. Supreme Court: Big 5 stealing liberal justices' lunch money." Michael Kirkland of UPI has this report.
Posted at 10:34 AM by Howard Bashman


"With friends like Judge Porteous', who needs enemies?" Columnist James Gill has this essay today in The Times-Picayune of New Orleans.
Posted at 10:30 AM by Howard Bashman


Saturday, September 25, 2010

"Accelerant Was on Girls' Beds, Witness Tells a Connecticut Jury": This article appears today in The New York Times.

The Hartford Courant reports today that "Michaela Petit, 11, Doused With Accelerant, Detective Testifies; As Hayes Trial Continues, Lawyer For Co-Defendant Angers Victims' Family With Courthouse Press Conference." In addition, columnist Helen Ubinas has an essay entitled "Steven Hayes: Then And Now, The Face Of Evil."

And The New Haven Register reports that "Petit family wants attorney held in contempt of court for violating gag order."
Posted at 11:50 PM by Howard Bashman



"Wal-Mart Gets Backing From 19 Companies at U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 11:12 AM by Howard Bashman


"Fraud Cases Get Rehashed After Court Ruling": In today's edition of The Wall Street Journal, Michael Rothfeld has an article that begins, "Federal lawmakers and Justice Department officials are weighing new legislation to salvage a fraud statute used to pursue corporate and public corruption, as prosecutors grapple with the fallout of a Supreme Court ruling that weakened the law."
Posted at 11:11 AM by Howard Bashman


"Cigarette Makers Get Stay by Top Court on $270 Million Award": Greg Stohr of Bloomberg News has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Scalia blocks tobacco ruling."

Justice Antonin Scalia of the U.S. Supreme Court issued this in chambers opinion yesterday.
Posted at 11:00 AM by Howard Bashman



"White House Defends Targeted Killing Program": Today in The Wall Street Journal, Evan Perez has an article that begins, "The Obama administration sought Friday to block a lawsuit over the scope of its targeted killing program for suspected terrorists, in a case that challenges the government to define the limits of its global battlefield against extremists." The newspaper has posted the federal government's court filing online at this link.

In today's edition of The New York Times, Charlie Savage reports that "State Secrets Cited in Effort by White House to Block Suit."

The Washington Post has a news update headlined "Obama invokes 'state secrets' claim to dismiss suit against targeting of U.S. citizen al-Aulaqi."

Pete Yost of The Associated Press has an article headlined "WH: lawsuit for cleric would reveal state secrets."

Reuters reports that "U.S. urges judge to toss lawsuit over target killings."

And CNN.com reports that "Obama administration seeks to dismiss al-Awlaki lawsuit."
Posted at 10:56 AM by Howard Bashman



"Voters Moving to Oust Judges Over Decisions": In today's edition of The New York Times, A.G. Sulzberger has a front page article that begins, "After the State Supreme Court here stunned the nation by making this the first state in the heartland to allow same-sex marriage, Iowa braced for its sleepy judicial elections to turn into referendums on gay marriage."

And The Des Moines Register reported yesterday that "Spending climbs on ads to vote out state judges."
Posted at 10:45 AM by Howard Bashman



Friday, September 24, 2010

"New Recusal Controversy in West Virginia High Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 04:30 PM by Howard Bashman


"5th Circuit: Cheerleader can't refuse to cheer." Online at the First Amendment Center, David L. Hudson Jr. has a news analysis that begins, "A former Silsbee, Texas, high school cheerleader did not have a First Amendment right to refuse to cheer for a basketball player she claimed had sexually assaulted her, a federal appeals court panel has ruled."

You can access last Thursday's non-precedential ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

And in related news coverage from last week, "Former high school football star pleads guilty to assault in cheerleader case."
Posted at 03:20 PM by Howard Bashman



"Immediate end to 'don't ask, don't tell' opposed": Today in The Washington Post, Jerry Markon has an article that begins, "The Obama administration objected Thursday to immediately ending the military's ban on openly gay service members, saying that an injunction to stop the 'don't ask, don't tell' policy might harm military readiness in a time of war."

Today's edition of The Press-Enterprise of Riverside, California reports that "Government defends 'don't ask, don't tell.'"

The Associated Press reports that "'Don't ask, don't tell' injunction now up to judge."

Dan Levine of Reuters reports that "Obama seeks to curb ruling on gays in military."

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "W.H. on defense over 'don't ask' suit stance."

You can access yesterday's court filing of the federal government by clicking here.
Posted at 10:14 AM by Howard Bashman



"Speech Hostile to Gays Constitutionally Unprotected, Speech Hostile to Whites Constitutionally Protected?" At "The Volokh Conspiracy," law professor Eugene Volokh has a post that begins, "James E. Graves, Jr., a Mississippi Supreme Court Justice, has been nominated to serve on the U.S. Court of Appeals for the Fifth Circuit. The Senate Judiciary Committee will be considering his nomination at a hearing next Wednesday, September 29. And while I know only one small corner of Justice Graves' work, I hope the Committee asks him a question about this corner."
Posted at 10:05 AM by Howard Bashman


"Gruesome testimony: Crime scene photos upset Hayes triple murder jurors." This article appears today in The New Haven Register.

The Hartford Courant reports today that "2nd Suspect Looms Large In Hayes Trial."

And The New York Times reports that "Murder Defendant's Text Messages Detailed."
Posted at 08:20 AM by Howard Bashman



"Fight in gay adoption case was 'whirlwind,' Florida man says": CNN.com has this report.
Posted at 08:00 AM by Howard Bashman


"Greenhouse assesses the direction of the Roberts Court: 'The government wins.'" Harvard Law School issued this news release yesterday.
Posted at 07:50 AM by Howard Bashman


"Who Stands for Standing?" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 07:46 AM by Howard Bashman


Thursday, September 23, 2010

"Enron's Skilling Gets Nov. 1 Hearing on Retrial Bid": Bloomberg News has a report that begins, "Former Enron Corp. Chief Executive Officer Jeffrey Skilling's bid for a new trial is scheduled for a Nov. 1 hearing before a federal appeals court in Houston, his lawyer said."
Posted at 10:34 PM by Howard Bashman


"Dismissal of mom's suit over son's heart upheld": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:32 PM by Howard Bashman


"Kagan's Presence on U.S. Top Court to Be Felt by Her Absence in First Term": Greg Stohr of Bloomberg News has this report.
Posted at 10:30 PM by Howard Bashman


"Democrats Push Forward on Goodwin Liu, Other Judge Nominees": David Ingram has this post at "The BLT: The Blog of Legal Times."

And The Associated Press has a report headlined "Democrats: GOP now blocking picks for lower courts."
Posted at 05:04 PM by Howard Bashman



"Criminally Bad: NBC's Outlaw is deeply cynical, wholly unbelievable, and weirdly conservative." Online at Slate, Dahlia Lithwick has an essay that begins, "The Supreme Court oral-argument scene at the very beginning of Outlaw, NBC's new Jimmy Smits vehicle, is awfully realistic. It looks exactly like the real court, right down to the pretend Justice Ginsburg and faux Alito. But beyond that, everything about Outlaw, which settles into its Friday time slot this week, is so terrible it makes your face hurt."
Posted at 12:25 PM by Howard Bashman


Recipient of public assistance wins the lottery and litigation ensues: A divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling today.
Posted at 12:20 PM by Howard Bashman


"Chilling Account in Connecticut Triple-Murder Case": This article appears today in The New York Times.

Today's edition of The Hartford Courant contains an article headlined "In Testimony, Detective Gives Hayes' Account Of Beating, Rapes." In addition, columnist Helen Ubinas has an essay entitled "How Much More Horror Must Petit Family Endure? Medical Examiner's Testimony Proves Too Much for Dr. Petit and Family Members."

And The New Haven Register contains an article headlined "Hayes: Petit's wife raped to 'square things up.'"
Posted at 08:33 AM by Howard Bashman



"An Extreme Judicial Blockade": Today's edition of The New York Times contains an editorial that begins, "The Senate Judiciary Committee is scheduled to meet on Thursday with an agenda that includes consideration of nominees for federal district and circuit court judgeships who have already been approved by the committee once, or even twice."
Posted at 08:26 AM by Howard Bashman


"Florida Court Calls Ban on Gay Adoptions Unlawful": John Schwartz has this article today in The New York Times.

Today in The Wall Street Journal, Nathan Koppel reports that "Appeals Court Rejects Florida's Ban on Gay Adoptions."

The Orlando Sentinel reports that "Florida's gay-adoption ban unconstitutional, court rules; Gov. Charlie Crist says state will stop enforcing gay-adoption ban immediately."

And The South Florida Sun-Sentinel reports that "South Florida court upholds ruling that overturns state's gay adoption ban."

My earlier coverage of yesterday's ruling of Florida's Third District Court of Appeal can be accessed here.
Posted at 08:22 AM by Howard Bashman



"Former Justice O'Connor wants 'to keep cash out of' Nevada courtrooms in push for ballot question": The Reno Gazette-Journal contains this article today.
Posted at 07:58 AM by Howard Bashman


"A justice explains the mysteries and mechanics of the high court": David M. Shribman has this book review today in The Boston Globe.
Posted at 07:54 AM by Howard Bashman


"3rd Circuit Overturns 8-Figure Settlement in Lending Class Action -- Again": Shannon P. Duffy has this article today in The Legal Intelligencer reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 07:44 AM by Howard Bashman


Wednesday, September 22, 2010

"Appeal court: Florida ban on gay adoption unconstitutional." The Miami Herald has a news update that begins, "A Miami appeals court ruled Wednesday that Florida's ban on gays adopting is unconstitutional and affirmed the controversial adoption of two foster children by a gay North Miami couple. The unanimous 3-0 decision deals a critical blow to Florida's 33-year-old law banning adoption by gay men and lesbians, and most likely sends the case to Florida's highest court for resolution."

And The Associated Press reports that "Court affirms overturning Fla. gay adoption ban."

You can access today's ruling of Florida's Third District Court of Appeal at this link.
Posted at 11:44 AM by Howard Bashman



"US court sets Nov. hearing for Mumia Abu-Jamal": The Associated Press has a report that begins, "A U.S. appeals court in Philadelphia, on orders from the Supreme Court, will again review the death sentence of famed death-row inmate Mumia Abu-Jamal."

The U.S. Court of Appeals for the Third Circuit has posted online this oral argument notice.
Posted at 10:48 AM by Howard Bashman



"N.J. top court rules Long Branch couple will not be paid for beach taken by eminent domain": The Newark Star-Ledger today contains an article that begins, "Beaches created through sand replenishment projects are public property and do not become part of adjacent private lands, the state's highest court ruled today."

The Asbury Park Press reports today that "Court rejects Long Branch merchant's oceanfront property claim."

And The Philadelphia Inquirer reports that "Court rules on land created by beach replenishment."

You can access yesterday's unanimous ruling of the Supreme Court of New Jersey at this link.
Posted at 08:20 AM by Howard Bashman



"Inland veterans want say in Mojave Cross case": This article appears today in The Press-Enterprise of Riverside, California.

And today's edition of The San Bernardino Sun contains an article headlined "New legal action in desert cross dispute."
Posted at 08:14 AM by Howard Bashman



"Kansas Supreme Court examines accuracy of eyewitness accounts; Jurors believe confident witnesses -- but should they?" Ron Sylvester had this article in Monday's edition of The Wichita Eagle.
Posted at 08:11 AM by Howard Bashman


"Former U.S. Supreme Court justice says appointed judges better for business": The Las Vegas Sun contains this article today.

And The Las Vegas Review-Journal reports today that "Former justice backs change; O'Connor hopes Nevadans vote to appoint judges."
Posted at 08:06 AM by Howard Bashman



"Jurors Might Hear Hayes' Account Today; State Police Sergeant Expected To Continue With Her Testimony About Tragic Day": This article appears today in The Hartford Courant.
Posted at 07:48 AM by Howard Bashman


"Judge Thomas Porteous impeachment vote expected after Thanksgiving": Bruce Alpert has this article today in The Times-Picayune of New Orleans.
Posted at 07:38 AM by Howard Bashman


"Politically Charged Clerks": Today's edition of The New York Times contains an editorial that begins, "As Adam Liptak recently reported in The Times, Supreme Court justices are increasingly choosing clerks who reflect and reinforce their political leanings, the more conservative justices especially but also the more liberal. Just as striking, perhaps, is that this practice isn't sparking many objections in Washington."
Posted at 07:34 AM by Howard Bashman


Tuesday, September 21, 2010

"Impeachment hearings end for federal judge; The fate of District Judge G. Thomas Porteous -- who ran up gambling debts, accepted gifts and filed for bankruptcy under a false name -- will likely be decided in November, a senator says": David G. Savage will have this article Wednesday in The Los Angeles Times.
Posted at 10:30 PM by Howard Bashman


"Prosecutor says Sudanese captive at Guantanamo linked to 9/11 training": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:28 PM by Howard Bashman


"The Federal Courts: Movement Is Seen on Gay Rights Issues." John Schwartz will have this news analysis Wednesday in The New York Times.
Posted at 10:15 PM by Howard Bashman


"Book review: 'Making Our Democracy Work' by Stephen Breyer; In a practical and gentle voice, the Supreme Court justice illuminates the workings of the Supreme Court." Jim Newton will have this book review in Wednesday's edition of The Los Angeles Times.
Posted at 08:47 PM by Howard Bashman


"N.J. law experts debate top judge's authority to assign vacant court seat": The Newark Star-Ledger has a news update that begins, "Law professors debated today whether New Jersey's top judge has the constitutional authority to temporarily assign an appellate jurist to the Supreme Court."
Posted at 08:44 PM by Howard Bashman


"Former Supreme Court justice lobbies for merit selection for judges": The Las Vegas Sun has a news update that begins, "Retired Supreme Court Justice Sandra Day O'Connor is used to being impartial. But on the subject of how judges are selected, she has a strong opinion: Judges should be appointed."
Posted at 08:42 PM by Howard Bashman


"Senate panel wraps up impeachment hearings": The Associated Press has a report that begins, "A Senate impeachment panel wrapped up hearings Tuesday on corruption charges facing a Louisiana judge who could become just the eighth federal judge to be removed from the bench."

C-SPAN provides online access to video of the impeachment hearings via this link.
Posted at 08:16 PM by Howard Bashman



"N.J. appeals court rules Essex, Burlington county jails can strip search every inmate": The Newark Star-Ledger has this news update on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 07:52 PM by Howard Bashman


Also in the October 2010 issue of ABA Journal: The magazine will contain an article by Mark Walsh headlined "A Changing Landscape: In first court with three women, all eyes are on Justice Kagan"; an article by John Gibeaut headlined "Grave Encounters: Al Snyder's son died a Marine, but his funeral has become a First Amendment issue"; an article by Wendy Davis headlined "The Immune Response: The Supreme Court may tell families with autistic children whether they can sue vaccine makers"; and an essay by Mike Sacks of the blog "First One @ One First" entitled "By Dawn's Light: A 3L comes to understand the 'general republic.'"
Posted at 04:22 PM by Howard Bashman


"Family Ties: The private and public lives of Justice Ruth Bader Ginsburg." Stephanie Francis Ward will have this cover story in the October 2010 issue of ABA Journal magazine.
Posted at 04:10 PM by Howard Bashman


Available online today at ABA Journal's "Law News Now" blog: Podcasts titled "Ginsburg on Her Gender Discrimination Cases and the Country's Changing Views of Equality" and "Justice Ginsburg Chats About Balancing Career & Family When Her Children Were Small."
Posted at 04:07 PM by Howard Bashman


"Court revives SEC's lawsuit vs Mark Cuban": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.

And The Wall Street Journal has a news update headlined "Court Reverses Mark Cuban Insider-Trading Case Ruling."
Posted at 02:35 PM by Howard Bashman



"Florida child welfare agency won't take gay man's kids; The head of the state child welfare agency said a gay man won't lose his two children even if the courts uphold the state's ban on gay adoptions": News Service of Florida has this report.
Posted at 08:12 AM by Howard Bashman


"2 lawyers: Elect chief justice; The state's top jurist hasn't been elected since 2000; Two attorneys asked federal judges to change that." The Minneapolis Star Tribune contains this article today.

You can access online yesterday's oral argument of the U.S. Court of Appeals for the Eighth Circuit in both Windows Media and mp3 formats.
Posted at 08:07 AM by Howard Bashman



"Judge Leaves Hospital; Hayes Trial To Resume Wednesday; Illnesses Caused A 2 1/2-Day Delay": This article appears today in The Hartford Courant.

And The New Haven Register reports today that "Trial judge in Hayes' case released from hospital: Blue sought medical attention after feeling 'light-headed,' sources say."
Posted at 07:58 AM by Howard Bashman



"Oregon sex-literature laws ruled unconstitutional; Two measures intended to keep pedophiles from giving explicit work to children are too broad, an appeals court says, adding that one law criminalized fiction 'no more tawdry than a romance novel'": Carol J. Williams has this article today in The Los Angeles Times.

Today's edition of The Oregonian contains an article headlined "Appeals court: Oregon porn law would apply to sex-ed and coming-of-age books."

And The Associated Press reports that "Ore. law on sexually explicit material struck down."

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



Monday, September 20, 2010

"Family Fight, Border Patrol Raid, Baby Deported": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:00 PM by Howard Bashman


Charlie Rose interviews Justice Stephen G. Breyer: You can view the hour-long interview (and access a transcript of the interview) by clicking here.
Posted at 08:20 PM by Howard Bashman


"Healthy Debate: Will the Supreme Court strike down controversial provisions of the new health-care law?" Stuart Taylor Jr. has this essay online at Newsweek's web site.
Posted at 08:16 PM by Howard Bashman


"N.J. High Court to Review if Web Posters Can Invoke Shield Law": Michael Booth of New Jersey Law Journal has this report.
Posted at 08:11 PM by Howard Bashman


"DOJ Urges Full Court to Review Warrantless GPS Case in D.C." Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 05:28 PM by Howard Bashman


In today's mail: A copy of the book "Lawyers and Fidelity to Law," by law professor W. Bradley Wendel. The book's official publication date is October 27, 2010.
Posted at 02:51 PM by Howard Bashman


Ninth Circuit holds that Oregon criminal statutes aimed at prohibiting adults from furnishing sexually explicit material to children are unconstitutionally overbroad in violation of the First Amendment: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:38 PM by Howard Bashman


"Court to hear Arizona immigration appeal Nov. 1": The Associated Press has a report that begins, "A federal appeals court says it will hear arguments Nov. 1 in Arizona Gov. Jan Brewer's appeal of a ruling that put parts of the state's new immigration law on hold."
Posted at 02:14 PM by Howard Bashman


"Judge in Hayes trial undergoing medical tests, expected back Wednesday": The New Haven Register has this news update.

The Hartford Courant has a news update headlined "Judge 'Feeling Very Well'; Cheshire Slaying Trial Set To Resume Wednesday."

And The Associated Press reports that "Judge in Conn. home invasion trial is hospitalized."
Posted at 02:10 PM by Howard Bashman



"Judges' disclosures hard to get": Mark Sherman of The Associated Press has this report.
Posted at 02:06 PM by Howard Bashman


"In book, more of Breyer's dissents on originalism": Robert Barnes has this article today in The Washington Post.

And in the September 27, 2010 issue of The New Yorker, Jeffrey Toobin has an "Annals of Law" article headlined "Without a Paddle: Stephen Breyer and the liberal agenda." A subscription is required to access the text of the article.

Update: Via WSJ.com's "Law Blog," you can access the full text of Toobin's article at this link.
Posted at 07:24 AM by Howard Bashman



Sunday, September 19, 2010

"Three years after landmark court decision, Louisville still struggles with school desegregation": Robert Barnes will have this lengthy article Monday in The Washington Post.
Posted at 10:33 PM by Howard Bashman


"Obama administration leaves climate change to Congress, not the courts; The stance on a suit seeking limits on pollution from coal-fired power plants has disappointed environmentalists; The case is being watched as a test of whether producers of greenhouse gases can be sued": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:00 PM by Howard Bashman


"Trouble in the jury box: Jurors quitting may put Hayes case at risk." This article appears today in The New Haven Register, along with an article headlined "Trials in the Twitter age: Petit case brings instant news coverage."

Today's edition of The New York Times contains an article headlined "In Court, Echoes and Ghosts."

And in The Hartford Courant, Helen Ubinas has an op-ed entitled "Haunting Images Of Everyday Life: At Hayes Trial, Common Ordinary Items More Disturbing Than Horrific Photos."
Posted at 07:40 PM by Howard Bashman



"Lap dance, bucket of shrimp, 'Gretna mentality' discussed in Porteous impeachment hearings": Bruce Alpert has this article today in The Times-Picayune of New Orleans.

Today's newspaper also contains an op-ed by Stephanie Grace entitled "From one crooked judge to another."
Posted at 09:02 AM by Howard Bashman



"Once more, with feeling: Make judges move out of the 'Taj Mahal.'" Columnist Howard Troxler has this op-ed today in The St. Petersburg Times.
Posted at 08:59 AM by Howard Bashman


"Under the U.S. Supreme Court: Software is like beer -- you just rent it." Michael Kirkland of UPI has this report.
Posted at 08:57 AM by Howard Bashman


Saturday, September 18, 2010

"Evolving Circumstances, Enduring Values": In the Sunday Book Review section of tomorrow's edition of The New York Times, Jeff Shesol will have this review of Justice Stephen G. Breyer's new book, "Making Our Democracy Work: A Judge's View."
Posted at 11:04 PM by Howard Bashman


"Vermont high court: Trying to view woman showering doesn't equate to voyeurism." The Associated Press has this report on a ruling that the Supreme Court of Vermont issued yesterday in a case captioned State v. Devoid.
Posted at 10:58 PM by Howard Bashman


"Constitution does not ban sex bias, Scalia says": Bob Egelko has this article today in The San Francisco Chronicle.

The Contra Costa Times reports today that "Supreme Court's Scalia talks Constitution at UC Hastings appearance."

And the "Legal Pad" blog of The Recorder has a post titled "Scalia Is a Hit at Hastings."
Posted at 10:54 PM by Howard Bashman



"UT hosts U.S. Supreme Court Justice Clarence Thomas; Justice speaks to law students, will attend football game today": This article appears today in The Knoxville News Sentinel.
Posted at 10:45 PM by Howard Bashman


"Utah A.G. lines up against violent video game ban": In today's edition of The Salt Lake Tribune, Robert Gehrke has an article that begins, "Utah Attorney General Mark Shurtleff has joined his colleagues in nine other states, urging the U.S. Supreme Court to strike down a California law aimed at restricting the sale of violent video games to children."
Posted at 10:44 PM by Howard Bashman


Friday, September 17, 2010

"Media Companies Want D.C. Circuit Ruling in Gitmo Case Unsealed": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 05:14 PM by Howard Bashman


"Today we consider a student's First Amendment challenge to a community college sexual harassment policy." So begins today's ruling of the U.S. Court of Appeals for the Ninth Circuit in Lopez v. Candaele. Today's decision holds that the student lacks standing to challenge the policy.

Via "The Volokh Conspiracy," you can access the trial court's ruling at this link. And the complaint filed to initiate the lawsuit can be accessed here (large PDF file).
Posted at 02:57 PM by Howard Bashman



"Barack Obama cites GOP 'game playing'": At Politico.com, Abby Phillip has an article that begins, "For weeks, President Barack Obama has accused Senate Republicans of 'game playing' to stall his judicial nominees, but legal observers and liberal activists say the White House has spent too much energy on big-ticket agenda items like the stimulus bill and Wall Street reform -- at the expense of an opportunity to recalibrate a court system that the Bush and Reagan administrations pushed to the right."
Posted at 02:15 PM by Howard Bashman


"4th Circuit Becomes New Front in Battle Over Judges": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 01:17 PM by Howard Bashman


"Appeals court: Once al-Qaida, always al-Qaida?" The Associated Press has this report.
Posted at 01:15 PM by Howard Bashman


"Corporations Aren't Subject to Federal Alien Tort Law, Appeals Court Rules": Bloomberg News has this report.

My earlier coverage of today's Second Circuit ruling appears in the post immediately below.
Posted at 12:37 PM by Howard Bashman



"The concept of corporate liability for violations of customary international law has not achieved universal recognition or acceptance as a norm in the relations of States with each other. Inasmuch as plaintiffs assert claims against corporations only, their complaint must be dismissed for lack of subject matter jurisdiction." So holds the long-awaited majority opinion that a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today in Kiobel v. Royal Dutch Petroleum. The plaintiffs were seeking to pursue their claim under a federal law known as the Alien Tort Statute.

Circuit Judge Pierre N. Leval issued an opinion "concurring only in the judgment" that begins:

The majority opinion deals a substantial blow to international law and its undertaking to protect fundamental human rights. According to the rule my colleagues have created, one who earns profits by commercial exploitation of abuse of fundamental human rights can successfully shield those profits from victims' claims for compensation simply by taking the precaution of conducting the heinous operation in the corporate form. Without any support in either the precedents or the scholarship of international law, the majority take the position that corporations, and other juridical entities, are not subject to international law, and for that reason such violators of fundamental human rights are free to retain any profits so earned without liability to their victims.
The majority begins its response to Judge Leval's separate opinion in the introduction to the majority opinion, writing:
Lastly, we wish to note that we do not take lightly the passion with which Judge Leval disagrees with our holding. We are keenly aware that he calls our reasoning "illogical" on nine separate occasions. See Concurring Op. 4, 5, 9, 30, 31 n.18, 36, 28, 46, 68, 69. Nor is it lost on us that he calls our conclusions "strange," id. at 3, 57, 59,23 or that he repeatedly criticizes our analysis as "internally inconsistent," id. at 6, 7, 46.24 We must, however, leave it to the reader to decide whether any of Judge Leval's charges, individually or in combination, are a fair reading of our opinion. In so doing we are confident that if our effort is misguided, higher judicial authority is available to tell us so.
An article that The American Lawyer published in October 2008 described the Kiobel case as alleging that "Shell supplied ammunition, transit, and logistical support for the Nigerian military's 'Operation Restore Order in Ogoniland.'"
Posted at 11:06 AM by Howard Bashman


"Ga. capital cases in US Supreme Court crosshairs": The Associated Press has this report.
Posted at 10:36 AM by Howard Bashman


"3rd Circuit Rules Some Asbestos Cases Are Pre-Empted": Shannon P. Duffy has this front page article, in which I am quoted, in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

The article reports on a decision that the U.S. Court of Appeals for the Third Circuit issued last week.
Posted at 10:32 AM by Howard Bashman



"High court rules against Wintergreen": The Daily Progress of Charlottesville, Virginia today contains an article that begins, "Wintergreen Resort still would have lost its appeal of an $8.3 million judgment to an injured skier even if there hadn't been a trial transcript filing error, the state Supreme Court ruled Thursday."

You can access yesterday's ruling of the Supreme Court of Virginia at this link.
Posted at 09:08 AM by Howard Bashman



"High court sides with Virginian-Pilot in dispute over legal ads": Today's edition of The Virginian-Pilot contains an article that begins, "The Virginia Supreme Court, siding with The Virginian-Pilot, on Thursday struck down a lower court's ruling allowing the Wall Street Journal to publish legal notices from this area."

You can access yesterday's ruling of the Supreme Court of Virginia at this link.
Posted at 09:04 AM by Howard Bashman



"Supreme Court Justice Thomas to visit UT": The Daily Beacon of the University of Tennessee contains this article today.

And in somewhat related commentary, The Augusta (Ga.) Chronicle today contains an editorial entitled "Abandon age-old animosities: United welcome of Clarence Thomas would help bond community."
Posted at 09:00 AM by Howard Bashman



"High court race showing signs of being costly, nasty": The Detroit News contains this article today.
Posted at 08:55 AM by Howard Bashman


"Brothers walking America to oppose Supreme Court ruling; Talk about dangers to elections during Chillicothe stop": This article appears today in The Chillicothe (Ohio) Gazette.
Posted at 08:50 AM by Howard Bashman


"Breyer Makes Case for Justices' Adherence to Constitution": Jess Bravin has this article today in The Wall Street Journal.
Posted at 08:45 AM by Howard Bashman


"Temporary Halt to Triple-Murder Trial Over Concerns on Defendant's Health": This article appears today in The New York Times.

Today's edition of The New Haven Register contains articles headlined "Hayes illness cuts day short as prosecution focuses on Petit girls' final moments" and "Petit victim sister frustrated by trial delay caused by Hayes' health issue."

And The Hartford Courant reports that "Trial Halted Over Concern For Hayes; Attorney Said Defendant Had Seizure Wednesday Night."
Posted at 08:42 AM by Howard Bashman



"Judge Thomas Porteous impeachment panel hears from Harahan lawyer": Bruce Alpert has this article today in The Times-Picayune of New Orleans.

And The Washington Post reports today that "Impeachment trial begins for Louisiana federal judge."
Posted at 08:33 AM by Howard Bashman



"Happy to Be the Tortoise in the Race to Fitness": John Schwartz has this essay today in The New York Times.

Meanwhile, in Wednesday's newspaper, Schwartz had an article headlined "Superheroes in Court at Yale Show." Additional coverage appears in today's issue of The Yale Daily News, which contains an article headlined "Law and comics mix at new YLS exhibit."
Posted at 08:20 AM by Howard Bashman



Thursday, September 16, 2010

"At 103, a Judge Has One Caveat: No Lengthy Trials." A.G. Sulzberger will have this front page article Friday in The New York Times.
Posted at 10:37 PM by Howard Bashman


"Supreme Court Justice Breyer denies influence of politics; At a town hall-style meeting in L.A., Stephen G. Breyer says that the few times the court has acted under the sway of politics, the results have been disastrous": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 04:53 PM by Howard Bashman


"Obama v. Breyer v. Breyer on Quran burning & the law": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 02:00 PM by Howard Bashman


"Judge Thomas Porteous' son testifies for his father during impeachment trial": Bruce Alpert has this article today in The Times-Picayune of New Orleans. In addition, columnist Stephanie Grace has an op-ed entitled "'Louisiana way' on full display at Judge Thomas Porteous' trial."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "FBI Veteran Says Judge Didn't Disclose Cash Payments."

The impeachment trial is scheduled to resume at 11 a.m. eastern time today.
Posted at 09:44 AM by Howard Bashman



"Witnesses Tell of Finding Victims in Conn. Killing": This article appears today in The New York Times.

Today's edition of The New Haven Register contains articles headlined "Hardest day: Some Hayes jurors break down at sight of burned bodies" and "State releases video of Jennifer Hawke-Petit in bank, 911 tapes."

And The Hartford Courant reports that "Cheshire Authorities Describe Grim Search For Bodies; Earlier, Police Captain Faces Tough Questions On Response."
Posted at 09:38 AM by Howard Bashman



"Limbaugh falls for wacky hoax about Judge Vinson": Today's edition of The Pensacola News Journal contains an article that begins, "No matter what Rush Limbaugh says, Senior U.S. District Judge Roger Vinson has never killed any bears, and he isn't a taxidermist on the side. Actually, he's a flower guy, camellias in particular."

And The New York Times today contains an article headlined "Limbaugh Taken In: The Judge Was Not Loaded for Bear."
Posted at 08:10 AM by Howard Bashman



"Case Tests Whether Circulating News About an Expunged Conviction Is Libel": Michael Booth of New Jersey Law Journal has an article that begins, "If a criminal conviction is expunged, did it ever exist? That's what the New Jersey Supreme Court is being asked to decide, and its answer will determine whether one who publicizes a conviction after expungement is committing defamation."
Posted at 07:48 AM by Howard Bashman


"Supreme Court Justice Stephen Breyer talks about the right to burn Qurans and American flags": CNN.com has this video clip.
Posted at 07:45 AM by Howard Bashman


"Judge Anthony J. Scirica honored at Supreme Court": This front page article appears today in The Philadelphia Inquirer.
Posted at 07:44 AM by Howard Bashman


Wednesday, September 15, 2010

"Officials petition for re-hearing in UHP crosses case": The Deseret News has an update that begins, "A number of state officials are asking the 10th Circuit Court of Appeals to re-consider its decision on the use of crosses to commemorate fallen officers from the Utah Highway Patrol."

And The Associated Press reports that "Utah troopers want rehearing of highway cross case."
Posted at 08:07 PM by Howard Bashman



"Appellate court overturns conviction in 2001 UW arson": The Seattle Times has this blog post.

And The Associated Press reports that "Appeals court reverses Wash. ecoterror conviction."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

You can access earlier news and commentary pertaining to the case here, here, here, and here.
Posted at 02:40 PM by Howard Bashman



"Lone Survivor of Home Invasion Gives Chilling Testimony": This article appears today in The New York Times.

Today's edition of The New Haven Register contains articles headlined "House of Horrors: Petit describes events of Cheshire home invasion" and "Juror dismissed from Petit trial after criticizing prosecution."

And The Hartford Courant has a news update headlined "Police Expected To Testify Today In Hayes Case."
Posted at 10:24 AM by Howard Bashman



"Judge Thomas Porteous was vulnerable to blackmail, Louis Marcotte says": Bruce Alpert has this article today in The Times-Picayune of New Orleans.

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Senate Schedule Proves Challenge for Impeachment Trial."

C-SPAN.org continues to provide live, online coverage of the impeachment trial, which you can view by clicking here.
Posted at 10:17 AM by Howard Bashman



"Gun turned up after hands went up and pants fell down; Court upholds cop's decision to pull up a suspect's baggy jeans": The Minneapolis Star Tribune today contains an article that begins, "White Castle, weed and baggy pants. It has all the elements of a comedy, but throw in a concealed handgun, a suspected drug deal and a wardrobe malfunction, and it's a Minnesota Court of Appeals case that even compelled a judge to quote an 'American Idol' audition."

And today's edition of The St. Paul Pioneer Press contains an article headlined "An illegal search? No, a 'wardrobe assist'; Court: Cop trying to help when she found hidden gun."

You can access yesterday's ruling of the Minnesota Court of Appeals at this link.
Posted at 10:07 AM by Howard Bashman



"Miranda rights delay wipes out murder verdict": Today in The San Francisco Chronicle, Bob Egelko has an article reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued last week.
Posted at 08:30 AM by Howard Bashman


"Justices hear arguments on insurance in bus crash": In today's edition of The Toledo Blade, Jim Provance has an article that begins, "An emotional case involving a 2007 bus crash that killed seven people, including five members of Bluffton University's baseball team, boiled down to legal definitions of two words Tuesday before the Ohio Supreme Court. The question of whether the survivors of that Georgia crash and the families of those killed may make claims under the university's insurance policies in addition to that of the charter bus company will be determined by how the court defines the words 'hire' and 'permission.'"

And in today's edition of The Columbus Dispatch, James Nash reports that "Court weighs Bluffton crash blame."

Via the web site of the Supreme Court of Ohio, you can access a preview of yesterday's oral argument and the video of the oral argument itself.
Posted at 08:25 AM by Howard Bashman



"Menorah may stay, but without public money, court rules": Today's edition of The Poughkeepsie Journal contains an article that begins, "An 18-foot menorah that has adorned downtown Poughkeepsie for the past 20 holiday seasons may remain on city property when it goes up again this year, a state appellate court has affirmed. But the court also ruled the city may not spend public funds to help Rabbi Yacov Borenstein assemble the menorah or take it down."

You can access the recent ruling of the New York State Supreme Court Appellate Division, Second Judicial Department, at this link.
Posted at 08:16 AM by Howard Bashman



"Comes a Horseman": In the September 20, 2010 issue of National Review, Timothy Sandefur has a lengthy article that begins, "Franklin Roosevelt's clash with the Supreme Court is one of history's greatest legal dramas, but it has generated an unfair and misleading mythology."
Posted at 08:05 AM by Howard Bashman


"Could Supreme Court put focus on NL again?" In today's edition of The Day of New London, Connecticut, David Collins has an op-ed that begins, "Imagine if the U.S. Supreme Court were to step in some time soon to spotlight another New London injustice? This time, though, maybe the court could actually help right a wrong, rather than simply draw the nation's attention to one, the taking by the city, in that previous case, of people's homes by the misguided powers of eminent domain. In the newest possible case, Webster Smith, the black Coast Guard Academy cadet who was court-martialed here four years ago on bogus sexual misconduct charges, is taking his appeal to the Supreme Court."
Posted at 08:02 AM by Howard Bashman


"Another trial run looms for cameras in federal courts": Joan Biskupic has this article today in USA Today.
Posted at 07:56 AM by Howard Bashman


Tuesday, September 14, 2010

"Crist may drop defense of Fla. gay adoption ban": The Associated Press has this report.
Posted at 08:04 PM by Howard Bashman


"N.J. Supreme Court considers allowing man to sue ex-state senator over placing expunged drug record on fliers": The Newark Star-Ledger has a news update that begins, "A man whose expunged drug conviction wound up on Hudson County campaign fliers is asking the state Supreme Court to let him sue for defamation. The case is tricky because while the conviction is true, the expungement erases it from the public record."
Posted at 08:00 PM by Howard Bashman


"US judges agree to pilot study of cameras in court": Mark Sherman of The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Cameras, Take 2: Judicial Conference Sets New Experiment With TV Access."

Today, the Administrative Office of the U.S. Courts issued a news release headlined "Judiciary Approves Pilot Project for Cameras in District Courts."
Posted at 07:56 PM by Howard Bashman



"Stephen Breyer: The Court, The Cases And The Conflicts." This lengthy audio segment appeared on today's broadcast of NPR's "Fresh Air from WHYY."
Posted at 07:50 PM by Howard Bashman


"New justice Davis says tension easing on Michigan Supreme Court": The Detroit News has this update.
Posted at 07:48 PM by Howard Bashman


"9th Circuit rules DNA testing can be required before release on bail": Denny Walsh of The Sacramento Bee has this blog post about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 05:07 PM by Howard Bashman


"Scalia gives Big Tobacco $270 million reprieve": The Associated Press has this report.
Posted at 02:40 PM by Howard Bashman


"Sole survivor of Conn. home invasion testifies": The Associated Press has this report.

The Hartford Courant has a news update headlined "Petit Recalls Attack In Middle Of Night; 'If He Moves, Put 2 Bullets In Him.'"

And The New Haven Register has a news update headlined "Hayes trial: Petit tells jury what happened that night."
Posted at 01:32 PM by Howard Bashman



"Federal agents illegally seized ballplayers' drug-test records, appeals court rules; The court's ruling is believed to put an end to the government's ability to use any of the materials seized from the BALCO labs when agents had a warrant for just 10 pro athletes' records": Carol J. Williams has this article today in The Los Angeles Times.

And The New York Times reports today that "Drug List Appeal Is Again Rejected."

My earlier coverage of yesterday's revised en banc Ninth Circuit ruling appears at this link.
Posted at 08:46 AM by Howard Bashman



"Trial Starts in a Robbery That Ended With 3 Dead": The New York Times contains this article today.

And today's edition of The New Haven Register contains articles headlined "Hayes lawyer: 'Things got out of control'" and "Bank surveillance video hushes packed courtroom."
Posted at 08:35 AM by Howard Bashman



"N.J. Supreme Court to decide if Miranda rights were violated in 2007 Newark slaying case": This article appears today in The Newark Star-Ledger.
Posted at 08:32 AM by Howard Bashman


"Confessing to Crime, but Innocent": John Schwartz has this article today in The New York Times.
Posted at 08:17 AM by Howard Bashman


"Chief Justice Fitzgerald has Parkinson's, will leave court; Appellate Justice Mary Jane Theis to be replacement": Abdon M. Pallasch has this article today in The Chicago Sun-Times.

And The Chicago Tribune reports today that "Illinois Supreme Court chief justice to retire; Justice Fitzgerald was diagnosed with Parkinson's disease last month, will step down in October."
Posted at 08:12 AM by Howard Bashman



"Obama Digs In on Judicial Nominees": FOXNews.com has a blog post that begins, "Apparently not content with the Senate's rejection of five of his judicial nominees President Obama has renominated them for seats on the federal bench."
Posted at 08:05 AM by Howard Bashman


"Judge Thomas Porteous impeachment is based in error, his attorney says": Bruce Alpert has this article today in The Times-Picayune of New Orleans.

And at "The BLT: The Blog of Legal Times," David Ingram has posts titled "Impeachment Trial Raises Question: What is a Kickback?" and "Lawyer for Impeached Judge Puts Focus on Prosecutors."
Posted at 08:02 AM by Howard Bashman



Department of Supreme Court Justices with the last name O'Connor: Today in The Columbus Dispatch, James Nash reports that "O'Connor wants to end partisan primaries in Supreme Court races."
Posted at 07:44 AM by Howard Bashman


"Judicial panel weighs courtroom cameras": Joan Biskupic has this article today in USA Today.
Posted at 07:42 AM by Howard Bashman


Monday, September 13, 2010

"Breyer: Court isn't '9 junior varsity politicians.'" The Associated Press has this report.
Posted at 10:25 PM by Howard Bashman


"Appeals Court Guts Landmark Computer-Privacy Ruling": David Kravets has this post at Wired.com's "Threat Level" blog.

My earlier coverage of today's revised en banc Ninth Circuit ruling appears at this link.
Posted at 08:35 PM by Howard Bashman



"Verdict clearing Chevron in killings is upheld": Bob Egelko had this article Saturday in The San Francisco Chronicle.

Bloomberg News reports that "Chevron Victory in Nigerian Protesters' Suit Upheld."

And Reuters reports that "Chevron prevails on Nigerian appeal."

You can access Friday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:32 PM by Howard Bashman



"Cheap Seats: How Sandra Day O'Connor got drawn into the gay-marriage debate in Iowa." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:03 PM by Howard Bashman


"Jane Branstetter Stranch finally confirmed to federal appeals court": The Tennessean has this news update.

You can access the U.S. Senate's official roll call vote tally at this link.
Posted at 07:54 PM by Howard Bashman



"Witnesses Detail Tense Scenes At Bank, Home As Cheshire Trial Opens": The Hartford Courant has this news update.

And The New Haven Register has a news update headlined "Hayes trial testimony: Dr. Petit tried to get help."
Posted at 07:40 PM by Howard Bashman



"Trial opens for lesbian seeking return to military": The Associated Press has this report.
Posted at 07:35 PM by Howard Bashman


"New hearing ordered in holding-cell hijab suit": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal appeals court granted a new hearing Monday to a Muslim woman who was ordered by sheriff's deputies to remove her hijab in a courthouse holding cell. A panel of the Ninth U.S. Circuit Court of Appeals in San Francisco ruled 2-1 in May that Orange County deputies hadn't violated Souhair Khatib's rights by making her take off the religiously mandated headscarf for security reasons when she was placed in the holding cell. But the court said Monday that a majority of its 27 judges had voted to set that ruling aside and refer the case to an 11-judge panel for a rehearing in December."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link. My earlier coverage of a humorous aspect of the three-judge panel's now-vacated ruling can be accessed here.
Posted at 04:33 PM by Howard Bashman



"Federal appeals court keeps lid on seizure of baseball players' steroids tests": Howard Mintz of The San Jose Mercury News has this update.
Posted at 04:25 PM by Howard Bashman


"Court again says feds wrongly seized MLB drug list": The Associated Press has a report that begins, "A federal appeals court has reaffirmed its ruling that investigators illegally seized a list of baseball players who allegedly tested positive for steroids during a 2004 drug lab raid. It's the third time the 9th U.S. Circuit Court of Appeals has ruled on the issue during six years of litigation."

You can access today's revised ruling of an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:52 PM by Howard Bashman



"Lilly Wins Appeals Court Reversal of Class-Action Status for Zyprexa Suit": Bloomberg News has this report.

Reuters reports that "Lilly wins reversal of class status on Zyprexa."

And Mark Hamblett of New York Law Journal reports that "2nd Circuit Upsets Class Certification for Third-Party Payers in Zyprexa Case."

You can access Friday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:58 AM by Howard Bashman



"3 Jurors Excused In Cheshire Trial; Gag Order Extended; Petit Can Stay": The Hartford Courant has this news update.
Posted at 11:54 AM by Howard Bashman


"Senate panel begins Judge Thomas Porteous trial": Bruce Alpert of The Times-Picayune of New Orleans has this news update.

And The Associated Press reports that "Senate to open impeachment trial against judge."

By clicking here, you can view C-SPAN's live coverage online.
Posted at 10:02 AM by Howard Bashman



"Appeals court ruling threatens used software sales": The Associated Press has a report that begins, "A federal appeals court has sided with the computer software industry in its effort to squelch sales of second-hand programs covered by widely used licensing agreements."

Reuters reports that "Autodesk wins copyright appeal; Court reverses ruling against software maker; Third parties cannot resell licensed software."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Guess What, You Don't Own That Software You Bought."

You can access Friday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:14 AM by Howard Bashman



"Efforts to punish phony GIs may be pushed to Supreme Court": Felisa Cardona has this article today in The Denver Post.
Posted at 07:44 AM by Howard Bashman


"Burp v Breathalyzer: Kentucky Supreme Court to decide issue in DUI case." The Louisville Courier-Journal contains this article today.
Posted at 07:40 AM by Howard Bashman


"Elena Kagan makes her social debut as a Supreme Court justice at the Opera Ball": This post appears today at "The Reliable Source" blog of The Washington Post.
Posted at 07:34 AM by Howard Bashman


"Petit Trial Scheduled To Begin Monday": The Hartford Courant contains this article today.

Today's edition of The New Haven Register contains articles headlined "Hayes case finally to begin in Petit murders" and "Start of testimony in Petit murders brings relief to some."

The Associated Press reports that "Conn. man's trial to open in fatal home invasion."

And earlier this month, The New York Times reported that "Death Penalty Advocate Is a Challenge for the Defense."
Posted at 07:26 AM by Howard Bashman



"Days After 'Don't Ask, Don't Tell' Ruling, Another Challenge Heads to Court": This article appears today in The New York Times.

And Amanda Bronstad of The National Law Journal reports that "Ruling Against 'Don't Ask' May Not Face Obama Appeal; Permanent injunction barring law's enforcement comes two months after Log Cabin Republicans went to trial against U.S. government to repeal 1993 statute."
Posted at 07:18 AM by Howard Bashman



Sunday, September 12, 2010

"History Through A Supreme Court Justice's Lens": On Monday's broadcast of NPR's "Morning Edition," Nina Totenberg will have an interview with Justice Stephen G. Breyer about his new book, "Making Our Democracy Work: A Judge's View."

You can access an excerpt from the book by clicking here. The book is scheduled to go on sale this Tuesday.
Posted at 10:18 PM by Howard Bashman



"Under the U.S. Supreme Court: 'Obama's war on Arizona.'" Michael Kirkland of UPI has this report.
Posted at 04:35 PM by Howard Bashman


"As N.J. Supreme Court term begins, justices face big questions": This article appears today in The Newark Star-Ledger.
Posted at 04:33 PM by Howard Bashman


"What Crisis? Why vacancies on the bench matter." Dahlia Lithwick will have this essay in the September 20, 2010 issue of Newsweek.
Posted at 03:08 PM by Howard Bashman


Friday, September 10, 2010

Programming note: Additional posts will appear here on Sunday, September 12, 2010.
Posted at 10:09 AM by Howard Bashman


"Kagan Recuses in Ten More Cases": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 10:08 AM by Howard Bashman


"An Invisible Chief Justice": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:40 AM by Howard Bashman


"Justice Sotomayor at CWRU": Jonathan H. Adler has this post at "The Volokh Conspiracy."
Posted at 08:36 AM by Howard Bashman


Thursday, September 9, 2010

"Judge: Military's ban on gays is unconstitutional." The Associated Press has a report that begins, "A federal judge in Southern California on Thursday declared the U.S. military's ban on openly gay service members unconstitutional."

I have posted online at this link today's ruling of the U.S. District Court for the Central District of California.
Posted at 09:51 PM by Howard Bashman



"Keller asks new court to dismiss charges": Chuck Lindell of The Austin American-Statesman has a blog post that begins, "Sharon Keller, presiding judge of the Texas Court of Criminal Appeals, has again asked a court to dismiss charges that she violated her judicial duties by closing her court to a late execution-day appeal in 2007." The newspaper has posted a copy of the filing at this link.
Posted at 09:22 PM by Howard Bashman


"Ritter picks Monica Marquez for Colorado Supreme Court": The Denver Post contains this article today.
Posted at 09:20 PM by Howard Bashman


"Video game industry gears up for battle against California law; The industry is expected to file a brief with the U.S. Supreme Court arguing for overturning a state ban on selling or renting violent video games to minors": This article will appear Friday in The Los Angeles Times.
Posted at 09:18 PM by Howard Bashman


"Pa. mayor to take immigration law to Supreme Court": The Associated Press has this report.

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 09:16 PM by Howard Bashman



"We hold that tattooing is purely expressive activity fully protected by the First Amendment, and that a total ban on such activity is not a reasonable 'time, place, or manner' restriction." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a ruling issued today. Circuit Judge Jay S. Bybee wrote the opinion of the court.

In early news coverage, The Associated Press reports that "Appeals court strikes down tattoo parlor ban."
Posted at 02:22 PM by Howard Bashman



"Congress needs to stop stonewalling on federal court vacancies": This editorial appears today in The Washington Post.
Posted at 02:15 PM by Howard Bashman


"Appeals court allows stem cell funding for now": Pete Yost of The Associated Press has this report.
Posted at 02:11 PM by Howard Bashman


"We hold that to withstand scrutiny under the First Amendment, State Bar expenditures funded by mandatory dues must be germane to the legitimate purposes of the State Bar." So holds the U.S. Court of Appeals for the Seventh Circuit in a ruling issued today in a lawsuit against the State Bar of Wisconsin.
Posted at 02:08 PM by Howard Bashman


"Those uninitiated in the ways of government might suppose a conclusion regarding whether a daughter was or was not also her mother's spouse, even on these scant facts, to be somewhat strange, and might even suppose that a correct conclusion regarding that proposition is sufficiently self-evident not to have required two years of administrative consideration." So states an opinion that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 01:36 PM by Howard Bashman


"The dispute we are now called upon to address is one of an increasing number of cases that have arisen from actions that state and local governments have taken because of illegal immigration." So states today's lengthy ruling of the U.S. Court of Appeals for the Third Circuit in Lozano v. City of Hazleton.

The ACLU provides online access via this link to the appellate briefs filed in the case.

Update: In early news coverage, The Associated Press reports that "Appeals court blocks Pa. city's immigration law."
Posted at 10:46 AM by Howard Bashman



"O'Connor: Iowa selection process is fair." Today's edition of The Des Moines Register contains an article that begins, "Retired U.S. Supreme Court Justice Sandra Day O'Connor praised Iowa's merit-selection process for judges Wednesday as the best way to pick fair and impartial jurists."
Posted at 09:18 AM by Howard Bashman


"Polyamorists want court to declare group love legal": This article appears today in The Vancouver Sun.

And The Canadian Press reports that "Multiple-marriage advocate tests the waters on polygamy law; Lawyer seeks B.C. top court's guidance on how a ban on polygamy would affect polyamorous unions."
Posted at 09:15 AM by Howard Bashman



"Banks, Bosses Benefit From U.S. Supreme Court's Tougher Lawsuit Standards": Bloomberg News has a report that begins, "Two U.S. Supreme Court decisions making it tougher to pursue lawsuits may have begun to bear fruit for corporations fighting investor claims or employee litigation."
Posted at 09:10 AM by Howard Bashman


"Courts pinpoint cops' GPS use; Privacy right might block technology": The Washington Times contains this article today.
Posted at 09:07 AM by Howard Bashman


"At new hall, Scalia stresses teaching; Put students over publishing, he urges MU's law faculty": This article appears today in The Milwaukee Journal Sentinel.

And the Marquette University Law School Faculty Blog has this related post.
Posted at 09:00 AM by Howard Bashman



Wednesday, September 8, 2010

"N.J. appellate judge to temporarily fill controversial Supreme Court seat": The Newark Star-Ledger has this news update.
Posted at 10:28 PM by Howard Bashman


"O'Connor retired from court, not discourse": Joan Biskupic will have this article Thursday in USA Today.
Posted at 10:23 PM by Howard Bashman


"High court won't order state to defend Prop. 8": Bob Egelko of The San Francisco Chronicle has this news update.
Posted at 10:20 PM by Howard Bashman


"Court Sides With C.I.A. on Seizure of Terror Suspects": Charlie Savage will have this article Thursday in The New York Times.

In Thursday's edition of The Los Angeles Times, Carol J. Williams will have an article headlined "9th Circuit throws out CIA torture lawsuit for national security reasons; The decision by a divided appeals court says the risk of state secrets being exposed outweighs the alleged victims' right to seek damages from a Boeing subsidiary they say aided in the renditions."

The Washington Post has a news update headlined "U.S. appeals court dismisses suit against firm in 'extraordinary rendition' case."

Evan Perez of The Wall Street Journal has a news update headlined "Suit Against Boeing Over Rendition Program Dismissed."

And Warren Richey of The Christian Science Monitor has an article headlined "CIA rendition: US court throws out torture case, citing state secrets; Appeals court judges sound apologetic tone in ruling; plaintiffs say they were tortured overseas in 'extraordinary rendition' program."

My earlier coverage of today's en banc Ninth Circuit ruling can be accessed here.
Posted at 08:46 PM by Howard Bashman



"Schwarzenegger continues to reject Prop 8 appeal": The Associated Press has this report.
Posted at 05:00 PM by Howard Bashman


"Federal appeals court tosses lawsuit over CIA 'torture' flights": Howard Mintz of The San Jose Mercury news has this update.

Reuters reports that "Boeing subsidiary wins appeal over CIA flights; Appeals court dismisses case brought by ACLU; Court votes 6-5 to end the case."

Bloomberg News reports that "Boeing's Jeppesen Unit Wins Dismissal of Lawsuit Alleging Torture Flights."

And The Associated Press reports that "Appeals court dismisses Boeing-CIA lawsuit."

You can access todays's 6-5 ruling of an en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link. The Ninth Circuit also separately issued a 25.54 MB PDF appendix that accompanies today's ruling.

Update: At Wired.com's "Threat Level" blog, David Kravets has a post titled "Citing Obama's 'State Secrets' Privilege, Court Tosses Torture Case."
Posted at 02:44 PM by Howard Bashman



"Utah Supreme Court to hear dad's bid for his baby": Brooke Adams has this article today in The Salt Lake Tribune.
Posted at 08:12 AM by Howard Bashman


"Former Justice O'Connor backs Iowa judge selection": The Des Moines Register contains this article today.
Posted at 08:10 AM by Howard Bashman


"Appeals court in Phila.: Warrant may be needed to track cell phones." This article appears today in The Philadelphia Inquirer.

Shannon P. Duffy of The Legal Intelligencer today has an article headlined "3rd Circuit: Probable Cause May Be Needed for Cell Phone Location Data."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Court OKs Warrantless Cell-Site Tracking."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 07:58 AM by Howard Bashman



Tuesday, September 7, 2010

"Judge Thomas Porteous' defense motions rejected; trial begins Monday": Bruce Alpert of The Times-Picayune of New Orleans has this news update.

And David Ingram of The National Law Journal reports that "Senate Prepares for Trial of Federal Judge; Proceedings would be first against a jurist in 21 years."
Posted at 11:45 PM by Howard Bashman



"New York Times Supreme Court reporter Adam Liptak to speak at Vanderbilt": Vanderbilt News has this report.
Posted at 09:00 PM by Howard Bashman


"U.S. court declines a review of drug patent deals": Reuters has a report that begins, "A U.S. Appeals Court on Tuesday declined to consider a deeper legal review of patent settlements by drug companies that pay rivals to delay production of generic drugs, setting the stage for the Supreme Court or Congress to address the matter."

You can access today's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, and the dissent therefrom, at this link.
Posted at 08:57 PM by Howard Bashman



"Georgia high court hears photo ID law challenge": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Georgia's law requiring voters to show a valid photo identification at the polls violates the state Constitution and does nothing to prevent voter fraud, a lawyer told the Georgia Supreme Court on Tuesday."
Posted at 08:47 PM by Howard Bashman


"This morning, the Third Circuit Court of Appeals in Philadelphia issued its highly anticipated ruling in a hotly contested cell phone location privacy case." So begins a blog post by Kevin Bankston at the web site of the Electronic Frontier Foundation.

And The Associated Press has a report headlined "Court: Judges can demand warrant for phone locales."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 05:42 PM by Howard Bashman



"SCOTUSblog 4.0" has launched: You can access it by clicking here.
Posted at 10:32 AM by Howard Bashman


"States battle Asian carp in court; Court asked to block invasive fish until lawsuit is decided": This article appears today in The Toledo Blade.
Posted at 08:20 AM by Howard Bashman


"Obama getting fewer judges confirmed than Nixon": Mark Sherman of The Associated Press has this report.
Posted at 08:04 AM by Howard Bashman


Monday, September 6, 2010

"Appeals Court in Atlanta Again Rejects Racial Discrimination Claim": This new installment of Adam Liptak's "Sidebar" column will appear Tuesday in The New York Times.
Posted at 10:34 PM by Howard Bashman


"Choice of Clerks Highlights Supreme Court's Polarization": Adam Liptak will have this article Tuesday in The New York Times, along with a related article headlined "A Well-Traveled Path From Ivy League to Supreme Court." Charts that accompany these articles can be accessed here.
Posted at 10:32 PM by Howard Bashman


"Altered Movie Poster Puts the Spotlight on a San Francisco Agency's Gun Ban": This article appears today in The New York Times.
Posted at 10:21 AM by Howard Bashman


"Imperial County fights for spot in Prop 8 debate": Greg Moran has this article today in The San Diego Union-Tribune.
Posted at 10:18 AM by Howard Bashman


Sunday, September 5, 2010

"Ohio Supreme Court justices differ on what dissenting opinions prove": James Nash has this article today in the Columbus Dispatch.
Posted at 08:35 PM by Howard Bashman


"NM high court permits ballpark injury lawsuit": The Associated Press has this report.

The text of the ruling does not yet appear to be available from the web site of the Supreme Court of New Mexico.
Posted at 08:32 PM by Howard Bashman



"Under the U.S. Supreme Court: Walmart class action biggest in history." Michael Kirkland of UPI has this report.
Posted at 08:25 PM by Howard Bashman


Saturday, September 4, 2010

"Md. high court hears religious freedom case; Plaintiff missed trial because of Jewish holiday": This article will appear Sunday in The Baltimore Sun.
Posted at 08:40 PM by Howard Bashman


"Tracking device leads to Supreme Court; Drug charges against Medford man hinge on Fourth Amendment challenge": Yesterday's edition of The Mail Tribune of Medford, Oregon contained this article.
Posted at 08:32 PM by Howard Bashman


"Where are the judges? There's finger-pointing by both sides, but the fact is that the failure to fill judicial vacancies hurts the administration of justice in the U.S." This editorial appears today in The Los Angeles Times.
Posted at 08:27 PM by Howard Bashman


"Shoot First, Confirm Later: Why the NRA suddenly cares so much about Supreme Court nomination battles." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:25 PM by Howard Bashman


"Court throws out $926 million Rocky Flats award": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
Posted at 02:20 PM by Howard Bashman


Friday, September 3, 2010

"Court ruling could mean millions in online royalties for Eminem, other artists": The Detroit Free Press has this news update.

The Los Angeles Times has a blog post titled "Appeals court says UMG too shady on royalties."

Bloomberg News reports that "Universal Music's Victory in Eminem Royalties Case Overturned On Appeal."

And WSJ.com's "Speakeasy" blog has a post titled "Federal Court Sides With Eminem Producers in iTunes Dispute."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:03 PM by Howard Bashman



Right Said Fred lyrics fail to preclude sexual harassment claim: See pages 9 and 19 of this ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Obligatory YouTube link is here.
Posted at 08:50 PM by Howard Bashman



"Turning Miranda 'Upside Down'? The high court keeps pecking away at the famous 1966 decision." Liane J. Jackson has this article in the September 2010 issue of ABA Journal magazine.
Posted at 03:40 PM by Howard Bashman


"Tax-fraud conviction voided because judge didn't stop trial to let defendant go to son's deathbed; A federal appeals court says the jurist also prejudiced the jury by not telling panelists that Garth Kloehn was absent the last day of trial because his son had died": Carol J. Williams has this article today in The Los Angeles Times.

And The Associated Press has a report headlined "New LA trial for man who skipped court to see son."

You can access Monday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Circuit Judge Stephen Reinhardt wrote the majority opinion.
Posted at 03:33 PM by Howard Bashman



"Court reinstates markup law for Wisconsin gasoline": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 12:44 PM by Howard Bashman


"Kagan Indicates She'll Recuse in A Twelfth Pending Case": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 12:34 PM by Howard Bashman



"Jurors in the Digital Age": Law professor Thaddeus Hoffmeister (author of the blog "Juries") has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 11:40 AM by Howard Bashman


"In '09, Ayotte OK'd settling abortion case": This article appears today in The Telegraph of Nashua, New Hampshire.
Posted at 09:10 AM by Howard Bashman


"Court won't force state to defend Prop. 8": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:06 AM by Howard Bashman


"Senate confirms Recktenwald as new high court chief justice": This article appears today in The Honolulu Star-Advertiser.
Posted at 08:54 AM by Howard Bashman


"In 'Doo-Wop' Case, 3rd Circuit to Consider 'Prevailing Party' Fees Issue": Shannon P. Duffy of The Legal Intelligencer has this report.
Posted at 08:50 AM by Howard Bashman


Thursday, September 2, 2010

"Federal judge blocks Neb. ban on flag mutilation": The Associated Press has this report.
Posted at 10:50 PM by Howard Bashman


"Conviction of man who left water bottles for migrants is overturned": Carol J. Williams of The Los Angeles Times has this news update.

The Washington Times has a news update headlined "Conviction overturned for leaving water for illegals."

And The Associated Press reports that "Appeals court reverses conviction for littering."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:34 PM by Howard Bashman



Three influential Seventh Circuit judges debate the usefulness of expert testimony to prove foreign law: See this opinion issued today.

Update: At "The Volokh Conspiracy," law professor Eugene Volokh offers these thoughts.
Posted at 09:03 PM by Howard Bashman



"Despite Broad Holding on Whistleblower Standing in False Marking Cases, Pleading Hurdle Is High": Sheri Qualters of The National Law Journal has this report.
Posted at 08:20 PM by Howard Bashman


"Ladies Nights aren't sexist to men; Court of Appeals rejects Manhattan lawyer's claim": This article appears today in The New York Daily News.

The New York Post contains an article headlined "Party on, gals; 'Ladies' night' is legal: fed judges."

And Mark Hamblett of the New York Law Journal reports that "Bid to Eradicate 'Ladies Nights' Fails at 2nd Circuit."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:17 PM by Howard Bashman



"Appeals court rules against Ravens in logo dispute": The Associated Press has a report that begins, "A federal appeals court has ruled against the Baltimore Ravens and the National Football league in a copyright dispute over the team's original logo."

And The Daily Record of Baltimore reports that "Appeals court revives suit over Ravens' first logo."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 06:14 PM by Howard Bashman



Wednesday, September 1, 2010

"UW-Madison must fund prayer activities, court says": The Associated Press has a report that begins, "A federal appeals court has upheld a lower court's ruling that the University of Wisconsin-Madison must pay for student activities involving prayer, worship and proselytizing. The 7th U.S. Circuit Court of Appeals ruled in a 2-1 decision Wednesday that the university's policy of turning down funding requests from student groups for such activities violates their First Amendment right to free speech."

And The Chronicle of Higher Education reports that "U. of Wisconsin Cannot Exclude Religious Group From Student Fees, Court Says."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link. Chief Judge Frank H. Easterbrook wrote the majority opinion.
Posted at 08:54 PM by Howard Bashman



"Court denies Scrushy's request for release on bond": The Associated Press has this report.
Posted at 06:20 PM by Howard Bashman


"John Walker Lindh seeks Ind. prison prayer ruling": The Associated Press has a report that begins, "American-born Taliban fighter John Walker Lindh and another Muslim inmate have asked a judge to order a federal prison to allow them and other Muslims in their highly restricted cell block to pray as a group, in accordance with their beliefs."
Posted at 06:02 PM by Howard Bashman


In a ruling that's bound to make Kool & The Gang proud, Second Circuit affirms the rejection of a lawsuit alleging that Ladies' Nights run afoul of federal anti-discrimination laws: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link (via Stephen Bergstein at the blog "Wait A Second!").

Gratuitous YouTube link to relevant Kool & The Gang video is here.
Posted at 11:00 AM by Howard Bashman



"Judge again puts state efforts to resume executions on hold": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 10:35 AM by Howard Bashman


ABA Litigation podcast: Seventh Circuit Judge Richard A. Posner shares his thoughts on effective appellate brief writing. You can download the audio via this link (8.53MB mp3 audio file).

Update: Can anyone identify the person whose voice conveys Judge Posner's advice on this podcast?
Posted at 10:33 AM by Howard Bashman



"Kinser chosen to be next chief justice of Virginia Supreme Court": Frank Green has this article today in The Richmond Times-Dispatch.

And The Roanoke Times reports today that "Female justice picked to lead; Justice Cynthia Kinser is the first female chief justice of the Virginia Supreme Court."
Posted at 10:25 AM by Howard Bashman



"Don Siegelman and Richard Scrushy ask court to dismiss honest services fraud charges against them": This article appears today in The Birmingham News, which has posted the relevant court filings here and here.

In other coverage, The Associated Press reports that "Siegelman asks appeals court to dismiss charges."

And in a related development, Bloomberg News reports that "Ex-Illinois Governor Ryan Challenges Corruption Conviction, Cites Skilling."
Posted at 10:24 AM by Howard Bashman



"This is crazy. It turns out that one of the greatest legal bloggers on the interweb, Howard Bashman the author of How Appealing, is married to the co-author of a new book on vampire slayers." So begins this post published today at the blog "Siouxsie Law."
Posted at 10:14 AM by Howard Bashman


"New Breed of Patent Claim Bedevils Product Makers": Dionne Searcey has this front page article today in The Wall Street Journal.

Reuters reports that "Expired bow tie patent has Brooks Brothers in knots; Bow tie patent suit to go forward; False marking lawsuits against big companies affected."

And Bloomberg News reports that "Brooks Brothers loses appeal in bow-tie patent marking case."

My earlier coverage of yesterday's Federal Circuit ruling appears at this link.
Posted at 10:11 AM by Howard Bashman



"State Support Courted in High Court Video Game Case": Tony Mauro and Carrie Levine of The National Law Journal have this report.
Posted at 09:48 AM by Howard Bashman






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