How Appealing


Thursday, March 8, 2007

"Before Going Live at Supreme Court, Lawyers Refine on Moot Court Circuit": Today in The Daily Journal of California, Brent Kendall has a very interesting article (free access) that begins, "When Los Angeles attorney Jean-Claude Andre learned last year that the U.S. Supreme Court had agreed to hear one of his cases, the lawyer was eager to call his wife and share the good news: He would be making his first high court appearance."
Posted at 02:50 PM by Howard Bashman




Thursday, March 8, 2007

"The sole issue in this case is whether the Feres doctrine, which prohibits suit against the government for injuries that are incident to military service, bars appellants' civil suit against the United States for the tragic death of their son, Lieutenant McConnell, in a waterskiing accident." So begins a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. The court holds that the Feres doctrine does bar the suit, even though the soldier's death resulted from purely recreational activities.

In a concurring opinion, Circuit Judge Ronald M. Gould writes:

I am left with the concern that our precedent interpreting the scope of the Feres doctrine creates an injustice. The justifications for the doctrine as applied to the death of Lieutenant McConnell seem slim to me, for it is unrealistic for our precedent to suggest that dismissal of the claim here is needed to foster military discipline. In my view, and respectfully, it would be appropriate for our court en banc to reassess the scope of the Feres doctrine. Also, many might welcome the Supreme Court's clarification of the doctrine's application in the case of military-sponsored recreational programs.
You can access the complete ruling at this link.
Posted at 02:35 PM by Howard Bashman




Thursday, March 8, 2007

"Mich. top judges go wild; 'They've acted like children,' critic says": The Detroit News today contains an article that begins, "With the reputation of Michigan's highest court sinking fast, a simmering dispute among its justices boiled over Wednesday in ugly insinuations, sarcasm and even lyrics from a Broadway tune. With any pretense of collegiality having vanished, alarmed law professors, prominent attorneys and others say they wonder where the childish dispute between Justice Betty Weaver and her fellow Republicans on the bench will end. Weaver and Justices Maura Corrigan and Robert Young exchanged sharp comments in the court's opinion in a routine court action released Wednesday." The newspaper also contains an editorial entitled "Michigan's high court hijinks should end; Justices must quit their sniping and restore decorum to court."

The Detroit News reports today that "Feuding justices spar as they work."

And The Associated Press reports that "Michigan Supreme Court continues sparring."

Tuesday's order of the Supreme Court of Michigan can be accessed here.
Posted at 02:11 PM by Howard Bashman




Thursday, March 8, 2007

"Australian to Appear at Military Panel": The Associated Press provides a report that begins, "Australian terrorist suspect David Hicks will make his first appearance before a U.S. military commission on March 20 - more than five years after he was imprisoned at Guantanamo Bay, Prime Minister John Howard said Thursday."
Posted at 11:48 AM by Howard Bashman




Thursday, March 8, 2007

"Gates says closed Guantanamo hearings needed; The Defense secretary says classified information is key in 14 detainees' cases; Others say secrecy will hurt U.S. credibility": The Los Angeles Times contains this article today.
Posted at 08:48 AM by Howard Bashman




Thursday, March 8, 2007

"Bush Deflects Pressure To Give Libby a Pardon; Clemency Before 2008 Election Could Be Politically Risky": This front page article appears today in The Washington Post, along with articles headlined "Prison May Be Long Way Off for Libby; Appeals Could Keep Former Cheney Aide Free Until After 2008 Election" and "Libby Trial Offered Glimpses of Way White House Worked; Testimony Depicted Lack of Openness, Rivalries Among Aides of Bush, Cheney." In addition, columnist Robert D. Novak has an op-ed entitled "A Verdict on the Wilson Affair."

The New York Times today contains articles headlined "Debate Over a Pardon Follows the Libby Verdict" and "Next for the C.I.A.'s Least Secret Officer: A Quieter Life." In addition, columnist Maureen Dowd has an op-ed entitled "My Very Own Juror" (TimesSelect temporary pass-through link).

The Los Angeles Times reports that "Conservatives see a scapegoat in Libby; He's been sacrificed to a politicized prosecution, they say; A former Clinton aide recalls the impeachment and sees hypocrisy."

USA Today reports that "Conservatives press Bush for Libby pardon; Presidents' clemency decisions sometimes subject to criticism."

And The St. Petersburg Times contains an editorial entitled "Libby's fallout."
Posted at 08:27 AM by Howard Bashman




Thursday, March 8, 2007

"Graduation ceremony spurs lawsuit; Ex-high school student who's a Muslim charges bias over event at Newark church": The Newark (N.J.) Star-Ledger contains this article today.

And The New York Times reports today that "A Graduation Held in Church Leads to a Suit."
Posted at 08:15 AM by Howard Bashman




Thursday, March 8, 2007

"Suspension postponed for students who said 'vagina'": This article appears today in The Journal News of Westchester, New York.

And The New York Times reports today that "'Monologues' Spurs Dialogue on Taste and Speech."
Posted at 08:09 AM by Howard Bashman




Thursday, March 8, 2007

"Ex-Teacher, Suing L.I. School District, Says She Was Accused of Witchcraft": The New York Times today contains an article that begins, "Taking the stand in United States District Court here on Wednesday, Lauren Berrios -- with a stylish white blouse, black slacks, coiffed hair, no pointy black hat -- hardly looked like a witch."

Newsday today reports that "Accused witch says rumors cost her teaching job." Earlier this week, the newspaper previewed the case in an article headlined "Trial could be a spellbinder."

The New York Daily News reports that "'Witchy' teacher trial casts spell on court; $2M lawsuit after firing in '01."

And The New York Post contains an article headlined "I'm a victim of 'witch' burning; Fired L.I. teacher testifies of smear."
Posted at 08:05 AM by Howard Bashman




Thursday, March 8, 2007

"Grass Experts Battle Over Great Lawn": Today in The New York Sun, Joseph Goldstein has an article that begins, "A First Amendment lawsuit over the rights of protesters to rally at Central Park could turn, in part, on the lawn care strategies of dueling turf management experts. In a ruling on Tuesday, a federal judge paved the way for a trial on whether the city uses concerns over the grass at the Great Lawn as a pretext to discriminate against political organizations. Both the city and the plaintiffs have turned for help to professors who specialize in grass growing."
Posted at 07:55 AM by Howard Bashman




Thursday, March 8, 2007

"Inquiry Into Ouster of U.S. Attorneys Moves Toward Subpoenas at Justice Department": This article appears today in The New York Times, which also contains an editorial entitled "The Gonzales Eight."

And The Los Angeles Times reports today that "Fired U.S. attorney's testimony raises broader concerns; New Mexico Republicans Wilson and Domenici deny that they called David Iglesias before the 2006 election for political reasons." In addition, Michael McGough has an "Opinion Daily" essay entitled "The myth of nonpartisan U.S. attorneys: If senators really want to depoliticize the position of U.S. attorney, they should stop treating the post as a patronage plum."
Posted at 07:53 AM by Howard Bashman




Thursday, March 8, 2007

"N.J. court: Public can videotape meetings; Town erred in arrest of gadfly, justices say." The Newark (N.J.) Star-Ledger today contains an article that begins, "Video cameras today are like the quill pens used hundreds of years ago to chronicle the actions of government, and New Jersey residents have a common-law right to use them to record public meetings, the state Supreme Court ruled yesterday."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 07:45 AM by Howard Bashman




Thursday, March 8, 2007

"Witness Protection: The fired prosecutors develop an esprit de corps." Barron YoungSmith has this essay online at The New Republic.
Posted at 07:32 AM by Howard Bashman




Thursday, March 8, 2007

"The 'Lawfare' Scare: The latest conservative attack on legal challenges to the Bush administration's detention and interrogation policies doesn't hold water." Deborah Pearlstein has this essay online at The American Prospect.
Posted at 07:30 AM by Howard Bashman




Thursday, March 8, 2007

"Gitmo's Guerrilla Lawyers: How an unscrupulous legal and PR campaign changed the way the world looks at Guantanamo." Debra Burlingame has this op-ed (free access) today in The Wall Street Journal.
Posted at 06:38 AM by Howard Bashman




Thursday, March 8, 2007

"Court Takes Unusually Close Look at Asylum Policy": Today in The New York Sun, Joseph Goldstein has an article that begins, "The federal appellate court in Manhattan is taking an unusually close look at American immigration policy toward asylum seekers from China who claim they were persecuted under the country's family planning practices. The entire 2nd U.S. Circuit Court of Appeals met together yesterday to hear oral arguments in several asylum cases involving men whose spouses or girlfriends were forcibly sterilized or made to have an abortion. The cases raised the question of whether husbands and boyfriends were eligible to receive asylum from Chinese family planning laws, though no operations were forced on them."
Posted at 06:33 AM by Howard Bashman




Wednesday, March 7, 2007

"After Libby Trial, New Era for Government and Press": Adam Liptak will have this news analysis Thursday in The New York Times.
Posted at 11:00 PM by Howard Bashman




Wednesday, March 7, 2007

"Subpoenas Likely for Justice Officials in Prosecutor Firings": This article will appear Thursday in The Washington Post.

McClatchy Newspapers report that "More officials likely to be subpoenaed in U.S. attorneys investigation."

And The Associated Press reports that "Fired Prosecutors Probe Widens."
Posted at 10:33 PM by Howard Bashman




Wednesday, March 7, 2007

"Jailed Man Is A Videographer And a Blogger but Is He a Journalist?" In Thursday's edition of The Washington Post, Howard Kurtz will have an article that begins, "He is being cast by some journalists as a young champion of the First Amendment, jailed for taking a lonely stand against heavy-handed federal prosecutors. Josh Wolf, a 24-year-old blogger, has spent more than six months behind bars in California -- the longest contempt-of-court term ever served by someone in the media -- for refusing to turn over a videotape he shot of a violent San Francisco demonstration against a Group of Eight summit meeting."
Posted at 10:30 PM by Howard Bashman




Wednesday, March 7, 2007

Perhaps that's why it's called an advisory jury: The U.S. Court of Appeals for the Tenth Circuit today issued an interesting ruling that reverses a federal district court's judgment because the district court relied too heavily on an advisory jury's verdict and failed to issue sufficient findings of fact made by the court itself.
Posted at 10:02 PM by Howard Bashman




Wednesday, March 7, 2007

"Analysis: The Constitution and AEDPA." At "SCOTUSblog," Lyle Denniston has a post that begins, "Some 22 months after a federal appeals court raised a major constitutional issue that the Supreme Court has yet to confront, the lower court has provided an answer -- though not in a binding precedent. It also has cleared up a fascinating mystery. With that solved, the controversy now seems back on track toward the Supreme Court."

My most recent earlier coverage appears here.
Posted at 08:20 PM by Howard Bashman




Wednesday, March 7, 2007

"The battle over fired US attorneys: Eight lost their jobs, leading Democratic lawmakers to try to rein in presidential powers." Gail Russell Chaddock will have this article Thursday in The Christian Science Monitor.

The Seattle Times reports today that "At Senate hearing, McKay vigorously defends his work."

The Seattle Post-Intelligencer reports that "McKay tells of a GOP call in 2004-05; Fired U.S. attorney and 5 others appear before congressional panels."

The San Diego Union-Tribune reports that "Ex-prosecutors felt political heat; Fired U.S. attorneys cite improper calls, requests."

McClatchy Newspapers report that "Ousted U.S. attorneys describe lawmakers' intrusions."

And today in The Daily Journal of California, Lawrence Hurley has an article headlined "At Unusual Hearing Ousted Prosecutors Talk Back; Justice Department Says Lam Fired for Her Handling of Gun, Immigration Cases."

Earlier today, I collected additional related coverage at this link.
Posted at 07:10 PM by Howard Bashman




Wednesday, March 7, 2007

"Attorneys ask judge to remove himself from Anna Mae case": The Commercial Appeal of Memphis provides a news update that begins, "Attorneys for the parents of Anna Mae He have asked Juvenile Court Judge Curtis Person to remove himself from the controversial, long-running custody case. The attorneys contend that Person is too close to the attorney for Jerry and Louise Baker, who have been ordered to return 8-year-old Anna Mae to her natural parents, Shaoqiang 'Jack' He and Qin Luo 'Casey' He."

And The AP provides a report headlined "Judge: Chinese Couple Can See Daughter."
Posted at 05:57 PM by Howard Bashman




Wednesday, March 7, 2007

The Associated Press is reporting: Now available online are articles headlined "Legal Experts Rap Media Ban at Gitmo" and "Libby Prepares Request for New Trial."
Posted at 04:30 PM by Howard Bashman




Wednesday, March 7, 2007

"Trial Looms in Equal vs. Splenda Case": Shannon P. Duffy of The Legal Intelligencer provides a news update (free access) that begins, "In a court battle between the makers of the nation's leading sugar substitutes -- Equal and Splenda -- a federal judge has ruled that a jury must decide whether Splenda is misleading consumers by claiming in its ads and on its packaging that the product is 'made from sugar so it tastes like sugar.'"

You can access last week's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link.
Posted at 04:28 PM by Howard Bashman




Wednesday, March 7, 2007

"Gay Veterans Want Lawsuit Reinstated": The Associated Press provides a report that begins, "Twelve gay and lesbian veterans who were dismissed under the military's 'don't ask, don't tell' policy asked a federal appeals court Wednesday to reinstate their lawsuit challenging the policy. In arguments before the 1st U.S. Circuit Court of Appeals, they compared the policy to government-sanctioned discrimination against blacks."
Posted at 03:32 PM by Howard Bashman




Wednesday, March 7, 2007

"This case presents an issue of first impression in this circuit as to the applicability of the ADA and the Rehabilitation Act to police conduct during arrests." The U.S. Court of Appeals for the Eleventh Circuit today issued a decision that begins:
This case arises out of Plaintiff-Appellant Steven M. Bircoll's DUI arrest. Bircoll, who is deaf, sued Defendant-Appellee Miami-Dade County, Florida, alleging that its law enforcement officers violated Title II of the Americans with Disabilities Act and the Rehabilitation Act by discriminating against him because of his disability. Specifically, Bircoll claims that the officers failed to reasonably modify their procedures in order to ensure effective communication with Bircoll.
You can access the complete ruling at this link.
Posted at 03:28 PM by Howard Bashman




Wednesday, March 7, 2007

The infliction by a police officer of a broken ankle on a man resisting arrest constituted excessive force and is not excused by qualified immunity: You can access today's 111-page ruling of a divided three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 03:20 PM by Howard Bashman




Wednesday, March 7, 2007

"The Brain on the Stand": In this upcoming Sunday's issue of The New York Times Magazine, Law Professor Jeffrey Rosen will have a cover story article (TimesSelect temporary pass-through link) that begins, "When historians of the future try to identify the moment that neuroscience began to transform the American legal system, they may point to a little-noticed case from the early 1990s."
Posted at 03:10 PM by Howard Bashman




Wednesday, March 7, 2007

"When You're In a Hole, the Best Thing to Do Is Stop Digging": The title of this post was supplied by a reader who emailed to draw my attention to a memorandum and order that the New York Supreme Court, Appellate Division, Third Department issued last week. According to the appellate court's factual recitation:
In May 2002, defendant, in an effort to get an individual to move a parked vehicle, allegedly impersonated a police officer, resulting in charges of criminal impersonation. He then reportedly offered assistance to the person to whom he had impersonated himself if she would recant and, ostensibly motivated in part by her dire economic circumstances, she signed a statement that defendant had prepared for her in which she essentially exonerated him. When his conduct was revealed to the prosecutor's office, he was additionally charged with tampering with a witness in the fourth degree. Defendant then purportedly recruited others to give false statements and testimony at the trial regarding the criminal impersonation and witness tampering charges. At that trial, one such individual acknowledged on cross-examination that she had lied for defendant in her direct testimony.
You can access the ruling at this link.
Posted at 02:48 PM by Howard Bashman




Wednesday, March 7, 2007

On today's broadcast of the public radio program "On Point": The broadcast contained segments entitled "After the Libby Verdict" (featuring, among other guests, Law Professor Jonathan Turley; available in both RealPlayer and Windows Media Player formats) and "Fired U.S. Attorneys Hearings" (featuring, among other guests, Dahlia Lithwick; available in both RealPlayer and Windows Media Player formats).
Posted at 02:40 PM by Howard Bashman




Wednesday, March 7, 2007

Ninth Circuit holds that spitting on another person can be a federal crime: You can access today's ruling at this link.
Posted at 01:40 PM by Howard Bashman




Wednesday, March 7, 2007

U.S. Court of Appeals for the Federal Circuit issues divided en banc ruling in case on appeal from a decision of the Merit Systems Protection Board: If nothing else, the division among the en banc court is noteworthy:
MAYER, Circuit Judge, announced the judgment of the court, and filed the opinion for the court with respect to Part I, in which MICHEL, Chief Judge, NEWMAN, Circuit Judge, PLAGER, Senior Circuit Judge, and SCHALL, GAJARSA, and LINN, Circuit Judges, join, and filed an opinion with respect to Part II, in which MICHEL, Chief Judge, NEWMAN, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge, join. GAJARSA, Circuit Judge, filed a concurring opinion, in which NEWMAN, Circuit Judge, and PLAGER, Senior Circuit Judge, join. MOORE, Circuit Judge, filed an opinion concurring in part and dissenting in part, in which PROST, Circuit Judge, joins, and in which LOURIE, RADER, BRYSON, and DYK, Circuit Judges, join in part. BRYSON, Circuit Judge, filed a dissenting opinion, in which LOURIE, RADER, and DYK, Circuit Judges, join, and in which SCHALL and LINN, Circuit Judges, join in part. DYK, Circuit Judge, filed a dissenting opinion.
You can access the complete 81-page ruling at this link. And the original divided three-judge panel's ruling in the case can be accessed here.
Posted at 12:02 PM by Howard Bashman




Wednesday, March 7, 2007

In next week's issue of The National Law Journal: The publication will contain an article headlined "Juror blogs complicate trials."

And Isidore Silver will have an essay entitled "A devolving Constitution" that begins, "Perhaps in anticipation of a serious attempt to undermine Roe v. Wade, 410 U.S. 113 (1973), the U.S. Supreme Court has adopted a technique of dismantling well-established constitutional rights and remedies and, in essence, relegating these protections to a form of 'second class' status." Update: A reader emails, "There's a glaring and repeated error in the National Law Journal article to which you link. Justice Kennedy, not Chief Justice Roberts, was the author of the Court's majority opinion in Garcetti v. Ceballos." And, of course, this reader is correct.
Posted at 11:05 AM by Howard Bashman




Wednesday, March 7, 2007

On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "U.S. Attorneys Testify About Their Firings"; "Defense Lawyers to Fight Libby's Conviction"; "Libby Case Not Pretty for Pols or Media"; "Agents See Dangerous Precedent in Plame's Outing": and "Libby Evidence Finds Place at School's Archives."

RealPlayer is required to launch these audio segments.
Posted at 09:40 AM by Howard Bashman



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