How Appealing


Wednesday, June 18, 2008

"Ex-Bush Aide Gets New Trial on Appeal; Judges Toss Charges Against Safavian, Convicted in 2006 in Abramoff Scandal": The Washington Post contains this article today.

The New York Times reports today that "Appeals Court Overturns Conviction of a Former Official Linked to Abramoff."

And McClatchy Newspapers report that "Appellate court tosses out key conviction in Abramoff case."

You can access at this link yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 08:32 AM by Howard Bashman




Wednesday, June 18, 2008

"CIA Played Larger Role In Advising Pentagon; Harsh Interrogation Methods Defended": This front page article appears today in The Washington Post.

Also today in The Washington Post, Dana Milbank's "Washington Sketch" column is headlined "Abu Ghraib? Doesn't Ring a Bell." It begins, "If ever there was a case that cried out for enhanced interrogation techniques, it was yesterday's Senate appearance by the Pentagon's former top lawyer. William 'Jim' Haynes II, the man who blessed the use of dogs, hoods and nudity to pry information out of recalcitrant detainees, proved to be a model of evasion himself as he resisted all attempts at inquiry by the Armed Services Committee."

And The New York Times reports today that "Notes Show Confusion on Interrogation Methods."
Posted at 08:25 AM by Howard Bashman




Wednesday, June 18, 2008

"Claim Over Red Cross Symbol Is Settled": The New York Times today contains an article that begins, "The American Red Cross and Johnson & Johnson, the health care conglomerate, announced Tuesday that they had settled a longstanding dispute over use of the Red Cross trademark. The two sides announced the settlement a month after Judge Jed S. Rakoff of Federal District Court in Manhattan threw out much of J.& J.'s trademark claim against the relief organization."

This blog's earlier coverage of that ruling appears at this link.
Posted at 08:20 AM by Howard Bashman




Wednesday, June 18, 2008

"BCE's fate in court's hands": Today's edition of The Toronto Globe and Mail contains an article that begins, "Guy Du Pont had 40 minutes to sell Canada's largest takeover to the country's highest court Tuesday, and it wasn't an easy ride. BCE Inc.'s battle to save its $35-billion takeover had taken it all the way to the Supreme Court of Canada, and for its last say the company gave the floor to the Montreal constitutional and corporate lawyer, a new recruit to its large legal team, to see whether he could get the deal back on track."

Today's newspaper also contains an article headlined "The country's hottest ticket -- BCE and the Supremes."
Posted at 07:58 AM by Howard Bashman




Wednesday, June 18, 2008

Death and Texas: The Houston Chronicle reports today that "Austin judge finds inmate sane enough for execution; More appeals are likely in the landmark case."

And news from a case involving another death row inmate, The Austin American-Statesman reports today that "After legal wrangle, state halts execution; Death warrant suspended, reinstated, suspended again."
Posted at 07:54 AM by Howard Bashman




Wednesday, June 18, 2008

"Mr. Bush v. the Bill of Rights": The New York Times contains this editorial today.
Posted at 07:50 AM by Howard Bashman




Wednesday, June 18, 2008

"Court upholds 24-month prison term for ex-Westar executive": This article appears today in The Kansas City Star.

And The Topeka Capital-Journal today contains an article headlined "Court to Wittig: Go back to prison; Wittig loses sentencing appeal, expected to serve 12 more months."

My earlier coverage of yesterday's Tenth Circuit ruling appears at this link.
Posted at 07:44 AM by Howard Bashman




Wednesday, June 18, 2008

"Mukasey Oversees Role Reversal of Prosecutors, Defense": Joseph Goldstein has this interesting article today in The New York Sun.
Posted at 07:28 AM by Howard Bashman




Wednesday, June 18, 2008

"Palimony ruling sets precedent in Jersey; Justices: Cohabitation is not the only factor." Today's edition of The Newark (N.J.) Star-Ledger contains an article that begins, "In a decision described as the first of its type in the nation, the state Supreme Court ruled yesterday that a couple does not have to live together in order for one partner to sue the other for palimony after a breakup."

And law.com reports that "Cohabitation Not a Requirement for Palimony Claim, Says N.J. Supreme Court."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 07:25 AM by Howard Bashman




Wednesday, June 18, 2008

"Has Judge Kozinski's View of Blogs Changed?" This post appears today at "Patterico's Pontifications."

The answer to that question is "yes," and the implication is that he thinks much more highly of the medium now.
Posted at 07:20 AM by Howard Bashman




Tuesday, June 17, 2008

"3rd Circuit's Chief Judge to Head Inquiry Into Actions of 9th Circuit's Kozinski": law.com's Shannon P. Duffy has this report.

And Jaikumar Vijayan of Computerworld has an article headlined "Federal judge a victim of privacy breach or poor judgment? Depends (perhaps) on what you're calling a Web site."
Posted at 11:33 PM by Howard Bashman




Tuesday, June 17, 2008

"Guantanamo war crimes court back in session": The Associated Press provides this report.
Posted at 11:30 PM by Howard Bashman




Tuesday, June 17, 2008

"Copyright ruling is blow to Utah company": Pamela Manson of The Salt Lake Tribune has a news update that begins, "Hired to create depictions of Toyota vehicles for the automotive giant's advertising campaign, a small Utah company used the relatively new technology of digital modeling. After 80 to 100 hours of effort per vehicle, Meshwerks produced two-dimensional wire-frame depictions that appear three-dimensional on screen. The idea was to create a product that resembled each car or truck model as closely as possible for use on the Toyota Web site and in other media. The resulting unadorned images, which had no color, shading or other details, were accurate. So accurate that a federal court has ruled these depictions have no right to copyright protection."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit, written by Circuit Judge Neil M. Gorsuch, at this link.
Posted at 11:25 PM by Howard Bashman




Tuesday, June 17, 2008

Today is day three of the McClatchy Newspapers series "Guantanamo: Beyond the Law." Today's lead article is headlined "Militants found recruits among Guantanamo's wrongly detained." And today's other articles are headlined "Ex-detainees allege that U.S. troops abused Quran" and "Documents confirm U.S. hid detainees from Red Cross."

You can access the articles from the first two days of this series via my earlier posts here and here.
Posted at 11:15 PM by Howard Bashman




Tuesday, June 17, 2008

"Appeals court upholds 24-month prison sentence for former Westar Energy CEO in bank fraud case": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.

And at his "Sentencing Law and Policy" blog, Doug Berman has a post titled "Third time's (almost) the charm in Tenth Circuit sentencing case."
Posted at 11:08 PM by Howard Bashman




Tuesday, June 17, 2008

"The Supreme Court Goes to War": Law Professor John Yoo has this op-ed today in The Wall Street Journal.
Posted at 10:44 PM by Howard Bashman




Tuesday, June 17, 2008

"Who Wants to Be an Appellate Law Blogger": This afternoon, at my wife's urging, I traveled to New York City to audition to be a contestant on season seven of the syndicated game show "Who Wants to Be a Millionaire."

For those who are concerned about whether the author of this blog has an adequate grasp of trivia, I'm pleased to report that I passed the written test portion of the audition and thus was interviewed by one of the show's producers to evaluate "personality." The process was a lot of fun, and I thank another person who passed the written test -- a woman who lives near Seattle -- who kindly volunteered to me that the first thing she thought upon seeing me was that I look like someone who should be on the show.

The results of the interviews are not immediately disclosed at the audition, but, if I also "passed" the interview, I will be receiving a postcard in a few weeks advising that I'm in the contestant pool for this season. And then I can begin to evaluate whether I might be fortunate enough to have a certain public intellectual and prolific author based in Chicago agree to serve as one of my "phone-a-friends."

If any readers of this post have any questions about the audition process, feel free to ask me about it via email. Finally, it would take a lot more than one million dollars to cause me to walk away from this blog, so fans of this blog have nothing to fear, while critics of this blog are urged to start raising extreme amounts of money immediately.
Posted at 10:20 PM by Howard Bashman




Tuesday, June 17, 2008

Programming note: A trip to New York City is on the agenda for this afternoon. Additional posts will appear here this evening.
Posted at 12:27 PM by Howard Bashman




Tuesday, June 17, 2008

"US court: New trial for official in Abramoff scandal." The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:22 AM by Howard Bashman




Tuesday, June 17, 2008

According to the Second Circuit's chief judge, that court's "occluded view of our discretion to sit in banc runs counter to the criteria set down for our guidance in Rule 35." It is notoriously difficult to obtain rehearing en banc before the U.S. Court of Appeals for the Second Circuit, as I noted recently in this post reporting on the concurrences in and dissents from that court's denial of rehearing en banc in Ricci v. DeStefano.

The Second Circuit's order from last Thursday noted that additional concurrences and dissents might be forthcoming, and indeed they have been, Yesterday, Circuit Judge Guido Calabresi issued this concurrence. And today, Chief Judge Dennis Jacobs has issued this must-read dissent harshly criticizing the Second Circuit's notorious reluctance to grant rehearing en banc.
Posted at 11:07 AM by Howard Bashman




Tuesday, June 17, 2008

"Judge Kozinski's Dutch Uncles": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Tony's post links to: the Ninth Circuit's Judicial Council's order asking the Chief Justice to transfer the misconduct proceeding involving that circuit's Chief Judge, Alex Kozinski, to another circuit; the Chief Justice's letter assigning the proceeding to the Third Circuit; and a news release announcing the five judges whom the chair of the Judicial Council of the Third Circuit appointed as a special committee to investigate the matter.

And the blog "Patterico's Pontifications" today has a lengthy post titled "Cyrus Sanai Responds."
Posted at 10:50 AM by Howard Bashman




Tuesday, June 17, 2008

"Covering The Court: Members of the Supreme Court press corps reviewed major decisions from the 2007-2008 Term, examined trends in Supreme Court jurisprudence, and looked towards the future." Via this link, you can access lots of interesting video of the programs that occurred at this past weekend's 2008 American Constitution Society National Convention in Washington, D.C.

The video of the program that is the title of this post, which David Lat covered yesterday in this post at "Above the Law," can be viewed by clicking here (Windows Media Player required).
Posted at 08:15 AM by Howard Bashman




Tuesday, June 17, 2008

"Court to Hear Challenge From Muslims Held After 9/11": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Court to Rule In Suit Against Ashcroft, Others."

In The Los Angeles Times, David G. Savage reports that "Supreme Court to rule on whether Ashcroft can be sued; A Pakistani man who was arrested after the Sept. 11 attacks says he was illegally detained and beaten; The justices will examine whether high-ranking officials are immune from such lawsuits."

In USA Today, Joan Biskupic reports that "Court to decide whether top officials can be sued; Ex-detainee seeks to sue Ashcroft, FBI chief."

law.com's Tony Mauro reports that "High Court Will Hear Case Against Ashcroft Over Post-9/11 Detention."

And in The Christian Science Monitor, Warren Richey has an article headlined "New legal fight over U.S. antiterror tactics; The Supreme Court agrees to examine if high-level officials can be sued for harsh policies."
Posted at 08:10 AM by Howard Bashman




Tuesday, June 17, 2008

"Court rules aliens who overstay can remain to appeal": This article appears today in The Washington Times.
Posted at 08:07 AM by Howard Bashman




Tuesday, June 17, 2008

"Pa. High Court Revives Abuse of Process Claim": Today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, Amaris Elliott-Engel has an article (subscription required) that begins, "The Pennsylvania Supreme Court reversed a lower court decision that found an insurance company and its law firm's guardianship petition regarding a child whose parents would not accept a $7 million settlement offer was not an abuse of process."

As I noted in this recent earlier post, I represented the plaintiffs in successfully seeking review and a reversal from the Supreme Court of Pennsylvania.
Posted at 07:58 AM by Howard Bashman




Tuesday, June 17, 2008

"Grand Juries Become Latest Abortion Battlefield": This article appears today in The New York Times.
Posted at 07:54 AM by Howard Bashman




Tuesday, June 17, 2008

"East Coast panel to oversee misconduct probe of California Judge Alex Kozinski; The U.S. 3rd Circuit names a special panel to investigate possible misconduct of federal jurist Alex Kozinski": Scott Glover has this article today in The Los Angeles Times.

And also from that newspaper, Lara A. Bazelon has an online-only op-ed entitled "Kozinski disciplines himself; The misconduct standards the porn-collecting judge advocated might now be used against him."
Posted at 07:50 AM by Howard Bashman




Monday, June 16, 2008

"Newspaper Criticized for Report On Judge's Web Site": Josh Gerstein will have this article Tuesday in The New York Sun.
Posted at 11:48 PM by Howard Bashman




Monday, June 16, 2008

"It Isn't Tilting in The Same Old Ways": Yesterday in The Washington Post, Dahlia Lithwick had an op-ed that begins, "With just two weeks left in the Supreme Court's term, everything we thought we knew about the Roberts court seems wrong."
Posted at 11:30 PM by Howard Bashman




Monday, June 16, 2008

"First of California's same-sex marriage licenses are issued": The Los Angeles Times provides this news update.

The San Francisco Chronicle provides a news update headlined "Same-sex weddings start with union of elderly San Francisco couple."

The Sacramento Bee provides a news update headlined "Gay marriages under way in Yolo County, San Francisco."

And The San Jose Mercury News has an update headlined "Same-sex weddings begin in California."
Posted at 09:57 PM by Howard Bashman




Monday, June 16, 2008

"East Coast panel to oversee misconduct probe of California Judge Alex Kozinski": Scott Glover of The Los Angeles Times has this news update.

The Associated Press reports that "Judge's wife calls Web porn story 'outright lies'."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Judges and Conflicts of Interest" (RealPlayer required).

And Jaikumar Vijayan of Computerworld has an article headlined "Federal judge lands in hot water over explicit images on Web site; Judge in L.A. recuses himself from obscenity trial, asks court officials to investigate him" in which I am quoted.

Elsewhere, at Wired's "Threat Level" blog, Ryan Singel has a post titled "Wiretap Ruling Dies Slow Death As Congress Moves Towards Telecom Amnesty" that begins, "Somewhere on the hard drive of a judge from the 9th U.S. Circuit Appeals Court there likely lives a file that's way more interesting than the tasteless, porn videos found on the personal website of the circuit's chief judge Alex Kozinski. Somewhere there's an opinion from three judges that rules whether or not citizens can sue AT&T for violations of federal wiretapping law, or whether the government's invocation of national security trumps the right to seek redress."

At Townhall.com, Justin Hart has an essay entitled "Judging Pornography."

And at WorldNetDaily, Joseph Farah has an essay entitled "Prosecute the perv judge."
Posted at 09:00 PM by Howard Bashman




Monday, June 16, 2008

Philadelphia-based U.S. Court of Appeals for the Third Circuit to conduct inquiry into Ninth Circuit Judge Alex Kozinski's online posting of pornographic images, mp3 files, and other materials: So advises a reporter for the Daily Journal of California. This assignment was made by Chief Justice John G. Roberts, Jr.

The Third Circuit's Chief Judge is Anthony J. Scirica, and he would be deciding in the first instance what if anything to do with the judicial misconduct proceeding that Judge Kozinski apparently initiated with regard to himself last week.

The Third Circuit is viewed as one of the federal appellate courts that are most protective of First Amendment rights, as evidenced by television broadcasters' having selected the Third Circuit as the forum to challenge the FCC's fines for Janet Jackson's indecent exposure during the Super Bowl halftime show several years back. Moreover, Chief Judge Scirica is correctly perceived as a personification of fairness, and he is particularly highly regarded throughout the entire federal judicial system for the amazing job he performed for many years heading up the revision process for the rules of procedure and evidence applicable to federal bankruptcy, district, and intermediate appellate courts.

Update: The Associated Press reports that "Judges named to head Kozinski inquiry." According to the article, "U.S. Chief Justice John Roberts, acting under rules for federal judges, named five judges from the 3rd U.S. Circuit Court of Appeals, based in Philadelphia, to do the investigation." The article does not name the five judges, and I in the original portion of this post I have assumed that the Third Circuit's Chief Judge is among those five judges.

Second update: The AP report, as revised, identifies the following five judges as assigned to the investigatory panel, "Named were the chief judge for the 3rd Circuit Court of Appeals, Anthony J. Scirica; two other 3rd Circuit Court judges, Marjorie O. Rendell and Walter K. Stapleton; and two chief U.S. District Court judges, Harvey Bartle III of Pennsylvania and Garrett Brown Jr. of New Jersey." Judge Rendell is the wife of Pennsylvania's governor, and Judge Stapleton, based in Wilmington, Delaware, is a senior status Third Circuit judge. Chief Judge Bartle serves on the Philadelphia-based U.S. District Court for the Eastern District of Pennsylvania.
Posted at 05:44 PM by Howard Bashman




Monday, June 16, 2008

"Camus, Bob Dylan, and Naked Women Painted Like Cows": Rachel Sklar and Ann Althouse are the participants in this episode of Bloggingheads.tv, posted online today. The diavlog was recorded on June 12, 2008.

The final two segments of the diavlog are titled "If a public figure likes porn, is that news?" and "Would McCain appoint hard-right Supreme Court justices?"
Posted at 03:50 PM by Howard Bashman




Monday, June 16, 2008

"Jurist's career of firsts hits a milestone; Lynch being sworn in as head of appeals court": The Boston Globe today contains this article about Sandra L. Lynch, who at 2 p.m. eastern time today was sworn in as the first female Chief Judge of the U.S. Court of Appeals for the First Circuit. She also remains the only female judge to serve on the First Circuit.

And The Boston Herald reports today that "Judge Sandra L. Lynch breaks court's glass ceiling."

The First Circuit issued this related press release last month.
Posted at 03:28 PM by Howard Bashman




Monday, June 16, 2008

"Top court won't review Exxon Indonesia lawsuit": Reuters provides this report.
Posted at 03:20 PM by Howard Bashman



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Legal Theory

Patently-O

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

Re's Judicata

SCOTUSblog

Sentencing Law and Policy

TaxProf Blog

Threat Level

tonypierce.com + busblog

Trial Insider

The Volokh Conspiracy

Workplace Prof Blog

WSJ.com's Law Blog