How Appealing


Thursday, April 12, 2007

"Judge allowed to remain on Wecht case; Appeals panel orders records on FBI agent unsealed, overturns local court gag order on attorneys": The Pittsburgh Post-Gazette provides this news update.

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 03:18 PM by Howard Bashman




Thursday, April 12, 2007

"Disinfectable: not trademarkable." So concludes a decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 12:40 PM by Howard Bashman




Thursday, April 12, 2007

U.S. Court of Appeals for the Third Circuit holds that federal district courts may only prohibit attorney speech that is substantially likely to materially prejudice ongoing criminal proceedings: A three-judge Third Circuit panel has today issued its much anticipated decision in United States v. Wecht.

By a vote of 2-1, the panel denies the defendant's request to order the recusal of the federal district judge who is presiding over the prosecution. Yet even the majority opinion offers some notable criticisms of the trial judge's actions.

In early press coverage, The Pittsburgh Tribune-Review provides a news update headlined "Court: District Judge Arthur Schwab can continue to preside over Wecht prosecution."
Posted at 12:30 PM by Howard Bashman




Thursday, April 12, 2007

On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "White House May Have Lost Some U.S. Attorney E-Mails"; "South Carolina Considers Pre-Abortion Ultrasounds"; and "Prisoner to Testify on Ease of Tax Scam" (featuring Nina Totenberg). RealPlayer is required to launch these audio segments.
Posted at 12:14 PM by Howard Bashman




Thursday, April 12, 2007

Martindale-Hubbell loses Federal Circuit appeal seeking to trademark "Lawyers.com": Today's ruling upholds the decision of the Trademark Trial and Appeal Board that the mark in question is generic.

The TTAB's ruling affirmed today can be accessed at this link. "The TTABlog" covered that earlier ruling in a post you can access here.
Posted at 11:38 AM by Howard Bashman




Thursday, April 12, 2007

Supreme Court of California to issue decision today construing California law intended to prevent mentally retarded capital defendants from receiving the death penalty: According to that court's announcement of decisions scheduled to be issued today, the case presents the following issues:
(1) Do the People have the right to pretrial review of a trial court's determination under Penal Code section 1376 that a capital defendant is mentally retarded? (2) Did the trial court use an incorrect legal standard in finding defendant mentally retarded?
You can access at this link an earlier ruling in the case from the California Court of Appeal. Today's ruling of the Supreme Court of California is scheduled to become available via this link at 1 p.m. eastern time today.

Update: You can now access today's opinion online at this link.
Posted at 09:44 AM by Howard Bashman




Thursday, April 12, 2007

"Padilla Team Objects to Agent Testimony": The Associated Press provides a report that begins, "Attorneys for suspected al-Qaida operative Jose Padilla have objected to a proposal to have a disguised CIA officer testify for the government using a false name, saying it would violate Padilla's rights and unfairly limit questioning during trial."
Posted at 09:32 AM by Howard Bashman




Thursday, April 12, 2007

"Joining Gonzales in 'Challenging Times'": The Washington Post today contains an article that begins, "This week U.S. Attorney Kevin J. O'Connor of Connecticut was named Attorney General Alberto R. Gonzales's third chief of staff in as many months, meaning few can congratulate him on the promotion without a sympathetic laugh."

And in today's issue of The Washington Times, William Otis has an op-ed entitled "The Gonzales hunt."
Posted at 09:30 AM by Howard Bashman




Thursday, April 12, 2007

"San Jose gay couple's adoption site suit OK'd for trial": Yesterday's edition of The San Jose Mercury News contained an article that begins, "In a court ruling that could have major implications for how Internet business is conducted between states, a federal judge has ruled that a San Jose gay couple may go to trial against an Arizona adoption Web site that refused to let them post their profile in their search for a birth mother. U.S. District Judge Phyllis Hamilton rejected arguments by Adoption.com that the company had the right to exclude same-sex couples from its paid listings, which are designed to match birth mothers with qualified parents."

And today in The San Francisco Chronicle, Bob Egelko has an article headlined "Gay couple's suit against Adoption.com goes forward" that begins, "A gay couple from San Jose can sue an out-of-state Internet adoption service for allegedly violating California discrimination laws by refusing to post the two men's profiles on a Web site where prospective birth mothers could see them, a federal judge has ruled."

I have posted online at this link the 81-page opinion that the U.S. District Court for the Northern District of California issued on March 30, 2007.
Posted at 09:20 AM by Howard Bashman




Thursday, April 12, 2007

"We're hooked on court drama: American jurisprudence makes for some mighty fine entertainment." Thane Rosenbaum has this op-ed today in The Los Angeles Times.
Posted at 09:08 AM by Howard Bashman




Thursday, April 12, 2007

Third Circuit Judge Kent A. Jordan was the speaker at yesterday's luncheon of the Appellate Courts Committee of the Philadelphia Bar Association: You can download the audio of his remarks via this link (23 MB mp3 audio file).
Posted at 08:57 AM by Howard Bashman




Thursday, April 12, 2007

"Bush Advisers' Approach on E-Mail Draws Fire": The New York Times today contains an article that begins, "Political advisers to President Bush may have improperly used their Republican National Committee e-mail accounts to conduct official government business, and some communications that are required to be preserved under federal law may be lost as a result, White House officials said Wednesday."

The Washington Post reports today that "White House E-Mail Lost in Private Accounts; Messages May Have Included Discussions About Firing of Eight Prosecutors."

The Los Angeles Times reports that "Officials' e-mail may be missing, White House says; The messages, on a private system, are wanted by Congress in a probe of the firings of eight U.S. attorneys."

McClatchy Newspapers report that "Questions remain about White House aides' use of e-mail system."

And The Washington Times reports that "E-mails deleted from unofficial GOP accounts."
Posted at 08:32 AM by Howard Bashman




Thursday, April 12, 2007

"Justices: Prosecution can use post-shooting actions at Williams retrial; Rare split ruling in death of limo driver addresses issue of inflammatory evidence." The Newark (N.J.) Star-Ledger contains this article today.

And The New York Times reports today that "Court Says Jury Can Hear of Basketball Star's Cover-Up Efforts in Shooting."

My earlier coverage of yesterday's 4-3 ruling of the Supreme Court of New Jersey appears at this link.
Posted at 08:30 AM by Howard Bashman




Thursday, April 12, 2007

"Appeals judges pepper lawyers with questions in South Dakota abortion case": This article appears today in The St. Louis Post-Dispatch.

And The Los Angeles Times reports today that "Abortion foes work to expand informed-consent laws; Activists on the other side say the sort of information mandated for women amounts to a misleading scare tactic."
Posted at 08:20 AM by Howard Bashman




Thursday, April 12, 2007

"Feres follies": Today's edition of USA Today contains an editorial that begins, "When the Supreme Court created the Feres Doctrine in 1950, it barred all injuries that are 'incident to service,' a prohibition that effectively blocked any negligence lawsuit by a servicemember against the military."

The newspaper also contains a related op-ed by Law Professor Jonathan Turley entitled "What our soldiers really need: Lawyers."
Posted at 08:05 AM by Howard Bashman




Thursday, April 12, 2007

"In Al-Arian Case, Fla. Judge Said To Overstep Authority": Today in The New York Sun, Josh Gerstein has an article that begins, "A Tampa, Fla.-based federal judge exceeded his authority when he issued a key ruling in a grand jury contempt dispute involving a former professor at the center of a long-running terrorism case, Sami Al-Arian, prosecutors contend."
Posted at 07:48 AM by Howard Bashman




Thursday, April 12, 2007

"The Supreme Court as Umpire?: How the Global Warming Decision Illuminates the Role We Ask the Justices to Play." Edward Lazarus has this essay online today at FindLaw.
Posted at 06:48 AM by Howard Bashman




Wednesday, April 11, 2007

"Duke Prosecutor Throws Out Case Against Players": This article will appear Thursday in The New York Times.

The Washington Post on Thursday will contain a front page article headlined "All Charges Dropped Against 3 at Duke."

And The Los Angeles Times provides a news update headlined "Duke lacrosse players cleared of all charges."
Posted at 11:08 PM by Howard Bashman




Wednesday, April 11, 2007

Does requiring a judge to give written reasons for a ruling necessarily improve the quality of the ruling? Law Professor Chad M. Oldfather has posted online at SSRN an article titled "Writing, Cognition, and the Nature of the Judicial Function" (abstract with link for download; via "Legal Theory Blog").
Posted at 10:58 PM by Howard Bashman




Wednesday, April 11, 2007

Available online at law.com: In news from New Jersey, "Jurors at Basketball Star's Retrial May Hear Evidence of Post-Shooting Cover-Up." My earlier coverage appears here.

And in news from California, "Court's OK Likely in Overstock.com Stock Libel Suit."
Posted at 10:48 PM by Howard Bashman




Wednesday, April 11, 2007

"Mike Nifong, Meet Alberto: What the rape case fiasco and the U.S. attorney scandal have in common." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:08 PM by Howard Bashman




Wednesday, April 11, 2007

"Court Says Williams' Jury Can Hear of Post-Shooting Actions": Bloomberg News provides a report that begins, "Prosecutors can tell a jury that former basketball All-Star Jayson Williams removed his fingerprints from a shotgun, got rid of bloody clothes and told others to lie to police after a hired driver was killed in his bedroom, the New Jersey Supreme Court ruled today."

And The Associated Press reports that "Williams Jury Can Hear Cover-Up Evidence."

You can access today's 4-3 ruling of the Supreme Court of New Jersey at this link.
Posted at 09:00 PM by Howard Bashman




Wednesday, April 11, 2007

"Company Asks Top Court to Dismiss Appeal": The Associated Press provides a report that begins, "A major employment discrimination case under review by the Supreme Court is headed for dismissal just a week before justices were set to hear arguments, a lawyer said Wednesday."

And at "SCOTUSblog," Lyle Denniston has a post titled "Job bias case to be dismissed."
Posted at 08:40 PM by Howard Bashman




Wednesday, April 11, 2007

"Saving Free Speech and Jesus: Religious and conservative groups support the 'Bong Hits 4 Jesus' banner under fire at the Supreme Court." Nat Hentoff has this essay in the current issue of The Village Voice.
Posted at 05:20 PM by Howard Bashman




Wednesday, April 11, 2007

"Who's Watching the F.B.I.? The information it gathers may too often be your own." Law Professor Jeffrey Rosen will have this essay (TimesSelect temporary pass-through link) in this upcoming Sunday's edition of The New York Times Magazine.

Update: The essay can now be freely accessed at this link.
Posted at 03:18 PM by Howard Bashman




Wednesday, April 11, 2007

Can a federal criminal defendant refuse to be represented by a particular court-appointed attorney without being forced, as a consequence, to invoke the right to proceed without the assistance of counsel? A divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this interesting decision today.
Posted at 03:10 PM by Howard Bashman




Wednesday, April 11, 2007

"Prosecutor Drops Charges in Duke Case": The Associated Press provides a report that begins, "Prosecutors dropped all charges Wednesday against the three Duke lacrosse players accused of sexually assaulting a stripper at a party, saying the athletes were innocent victims of a 'tragic rush to accuse' by an overreaching district attorney."

And The News & Observer of Raleigh, North Carolina provides an update headlined "All lacrosse charges dropped."
Posted at 02:45 PM by Howard Bashman




Wednesday, April 11, 2007

Access online the audio of today's en banc Eighth Circuit oral argument in South Dakota's appeal from a preliminary injunction prohibiting enforcement of measures enacted in 2005 revising that State's law on informed consent to abortion: You can download the en banc oral argument audio in Planned Parenthood v. Rounds via this link (15 MB mp3 file).

My earlier coverage of this case can be accessed via this link.
Posted at 02:33 PM by Howard Bashman




Wednesday, April 11, 2007

"Splenda marketing sour, jury told in Equal suit": This article appears today in The Philadelphia Inquirer.
Posted at 11:45 AM by Howard Bashman




Wednesday, April 11, 2007

"Duke Charges Expected to Be Dropped": The Associated Press provides a report that begins, "State prosecutors will drop all charges against three Duke lacrosse players who were accused of sexual assaulting a stripper at a team party, a person close to the case told The Associated Press on Wednesday."

The News & Observer of Raleigh, North Carolina provides a news update headlined "Decision set today in lacrosse case."

And The Duke Chronicle reports today that "LAX families arrive, dismissals rumored."
Posted at 10:20 AM by Howard Bashman




Wednesday, April 11, 2007

"Judge permits trial over newspaper deals; MediaNews, Hearst had tried to block antitrust lawsuit": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Clint Reilly can go to trial in a lawsuit opposing a newspaper chain's acquisitions of the San Jose Mercury News and Contra Costa Times, a federal judge ruled Tuesday, saying readers have the right to challenge media mergers under antitrust laws."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of California.
Posted at 09:04 AM by Howard Bashman




Wednesday, April 11, 2007

"Judge allows race as factor in enrollment; Decision is first since Prop. 209 to let school district integrate": Bob Egelko has this article today in The San Francisco Chronicle.

And The Alameda Times-Star reports today that "Berkeley schools win race ruling; Judge rules district's placement policy does not violate Prop. 209."
Posted at 08:55 AM by Howard Bashman




Wednesday, April 11, 2007

"Most say Gonzales should quit over fired prosecutors; An even larger percentage believe White House aides should testify about the matter under oath, poll finds": This article appears today in The Los Angeles Times, along with an article headlined "House panel subpoenas Justice Department; Gonzales is given until Monday to release new documents related to the firing of eight federal prosecutors." You can access the detailed poll results at this link.

USA Today reports today that "Justice Dept. documents subpoenaed; Gonzales ordered to provide info to House panel."

The Washington Times reports that "House Democrats subpoena Gonzales on firings."

The Milwaukee Journal Sentinel reports that "Senate firings inquiry widens; Panel wants details on Biskupic, state aide's conviction."

And The Hartford Courant reports that "Prosecutor Heads Into D.C. Fray; O'Connor Named Top Gonzales Aide."
Posted at 08:45 AM by Howard Bashman




Wednesday, April 11, 2007

"Call it the green Supreme Court": Eric J. Sinrod has this essay online today at c|net News.com.
Posted at 08:42 AM by Howard Bashman




Wednesday, April 11, 2007

"Judicial rifts surface: Two complaints involve one judge. A sexual harassment case is tossed but an ethics complaint against one of the judge's critics - also a judge - remains." The St. Petersburg Times today contains an article that begins, "An uproar has engulfed the state's largest and most important appellate court. Two complaints have been filed with the state Judicial Qualifications Commission, both having to do with the former chief judge of the 1st District Court of Appeal, Charles J. Kahn Jr."
Posted at 08:37 AM by Howard Bashman



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