“Plan Would Let U.S. Deport Suspects to Nations That Might Torture Them”: This article appears today on the front page of The Washington Post.

Posted at 23:16 by Howard Bashman

“Girls Just Wanna Be Swapped: Why post-feminist women enjoy Trading Spouses and Wife Swap.” Dahlia Lithwick has this essay online at Slate.

Posted at 22:42 by Howard Bashman

“Military Recruits at HLS; Dean Kagan expresses strong objection to recruiting on campus”: This article appears today in The Harvard Crimson.

Posted at 22:27 by Howard Bashman

“Supreme Court poised for another term of blockbuster cases”: Stephen Henderson of Knight Ridder Newspapers provides this report.

Posted at 22:12 by Howard Bashman

“Wis. Supreme Court rules Nader on the state ballot”: The Associated Press provides this report.

Posted at 22:05 by Howard Bashman

“Supreme Court term gets off to fast start; The justices are set to hear a number of big cases, and their docket may also include any election disputes”: Warren Richey will have this article in Friday’s issue of The Christian Science Monitor.

Posted at 19:55 by Howard Bashman

“Supreme Court Preview”: Today’s broadcast of NPR‘s “Talk of the Nation” contained this lengthy segment (Real Player required).

Posted at 18:51 by Howard Bashman

“Supreme Court Job Invigorates Rehnquist”: Hope Yen of The Associated Press provides this report. The article is accompanied by a “Biography Box of William H. Rehnquist.”

Posted at 17:41 by Howard Bashman

Newspaper in settlement over destruction of tapes of Justice Antonin Scalia’s speech praises the result it obtained: The Hattiesburg American, in addition to the article I noted here yesterday, also yesterday offered an article headlined “Journalists: Agreement important for press, public” and an editorial entitled “Agreement is a victory for press, public.”

Posted at 17:33 by Howard Bashman

The U.S. Supreme Court opts to be master of its eminent domain: The Star-Ledger of Newark, New Jersey reports today that “Land battle in Connecticut could echo through Jersey; U.S. justices to hear eminent domain fight.”

The Cleveland Plain Dealer reports today that “Panelists discuss eminent domain; Groups examine Lakewood’s, others’ policies.”

The Hartford Courant today contains an editorial entitled “Overturn Eminent Domain Case.”

In The Boston Globe today, Jeff Jacoby has an op-ed entitled “Abusing eminent domain.”

Finally, in The Chicago Tribune today, Steve Chapman has an op-ed entitled “Confiscating your home for more fun and profit.”

Posted at 17:17 by Howard Bashman

Good news regarding this web log’s “20 questions for the appellate judge” feature: I am very pleased to report that there will be an October 2004 installment after all. The interviewee is one of the most recently confirmed judges serving on a U.S. Court of Appeals, and the installment will feature a guest interviewer who somehow managed to ask twenty-three separate questions. I will post the interview online at midnight on Monday, October 4, 2004.

Posted at 17:10 by Howard Bashman

“Justice defends position on ruling; Davis says politics not involved in writing decision on sex offender”: The Charleston (W.Va.) Daily Mail today contains an article that begins, “State Supreme Court Justice Robin Davis says her name and the court’s reputation have been dragged through the mud during campaign season debate about a controversial decision that released a convicted sex offender.”

If I am reading the article correctly, apparently in the West Virginia Supreme Court of Appeals it is not unusual for a dissenting Justice to be assigned to write the majority opinion in addition to his or her dissent. If that is so, it strikes me as quite an unusual manner of proceeding.

Posted at 16:59 by Howard Bashman

“Ashcroft’s Porn Wars Come to Texas”: This article appears in the October 1, 2004 issue of The Austin Chronicle.

Posted at 16:45 by Howard Bashman

“Friends, admirers pay respects to U.S. judge; Mourners fill Trinity Episcopal Cathedral”: Yesterday’s issue of The Arkansas Democrat-Gazette contained This article.

And last Sunday, that newspaper contained a fascinating editorial entitled “A light in the law: Richard Sheppard Arnold, 1936-2004.”

Posted at 16:13 by Howard Bashman

“Sisters recall trials and triumph in landmark racial-equality case”: This article appears today in The Grand Rapids Press.

Posted at 16:06 by Howard Bashman

Soon to be Yaser Esam Hamdi’s hometown newspaper no more: The Charleston (S.C.) Post and Courier reports today that “Hamdi still waiting for release from Hanahan brig.”

Posted at 16:04 by Howard Bashman

“Restricting judicial speech”: This editorial appears today in The Cincinnati Post.

Posted at 15:58 by Howard Bashman

“Lawyers warn of NZ court backlog”: Friday’s edition of The New Zealand Herald contains an article that begins, “New Zealand lawyers are bracing themselves for an enormous court backlog with the departure of three district court judges to Pitcairn Island this week. Auckland judges Charles Blackie, Russell Johnson and Jane Lovell-Smith are working as supreme court judges in the island’s sex abuse trial. They are not expected to return until early December.”

Posted at 15:55 by Howard Bashman

“Justice in the Balance: Catholic Lawyers and Scholars Speak out on the Threat to Catholic Values Posed by a Kerry Presidency”: A coalition of Catholic lawyers and legal scholars has issued this statement today.

Posted at 15:53 by Howard Bashman

Ten Commandments news: From Georgia, The Atlanta Journal-Constitution today contains an article headlined “God or history? ACLU is expected to review display.”

And from Maryland, The Associated Press reports that “Frederick to fence off disputed religious marker.”

Posted at 15:48 by Howard Bashman

“’04 docket includes 3 free-speech cases”: Tony Mauro has this article online at the First Amendment Center.

Posted at 15:44 by Howard Bashman

“Judge won’t block gay marriage vote”: The Atlanta Journal-Constitution contains this article today.

Posted at 15:30 by Howard Bashman

“Scalia condemns judicial moralism; Scalia: Morality should be determined by society, not judges.” This article appears today in The Harvard Gazette.

Posted at 15:25 by Howard Bashman

“The desperate pleas we get for extra copies of these bobblehead dolls are both amusing and sad”: What better way to announce that an auction of all three U.S. Supreme Court Justice bobblehead dolls that The Green Bag has issued to date is now underway at eBay? The opening bid for what is currently a complete set, consisting of one bobblehead doll each for Chief Justice William H. Rehnquist, Justice John Paul Stevens, and Justice Sandra Day O’Connor, is a mere $50.00. The auction will end one week from today.

You can access the eBay listing at this link. Let the wagering of absurd sums of money begin!

Posted at 15:19 by Howard Bashman

Sharply divided Supreme Court of Florida upholds constitutionality of that State’s three-strikes violent felony offender law: You can access today’s 4-3 ruling at this link.

In early news coverage, The Associated Press reports that “Florida high court upholds 3-strikes law.”

Posted at 15:11 by Howard Bashman

“Future of Supreme Court likely at stake in election”: The Scripps Howard News Service provides this report, along with an item headlined “Sentencing reform, civil rights on high court’s agenda.”

Posted at 15:06 by Howard Bashman

“Claremont Institute Challenges Removal of the Cross from Los Angeles County Seal”: The Claremont Institute issued this press release yesterday, and the complaint itself can be viewed at this link.

In news coverage, The Los Angeles Daily News reports today that “Cross removal prompts suit.”

Posted at 15:02 by Howard Bashman

“No-more-babies order toppled; Ohio high court backs father of 7”: The Cleveland Plain Dealer contains this article today. And The Toledo Blade contains an article headlined “High court: Judge went too far telling man not to procreate.”

Posted at 14:37 by Howard Bashman

“Man files 2nd appeal in loss of license; Judge erred in ruling, Lebanon driver says”: The Patriot-News of Harrisburg, Pennsylvania today contains an article that begins, “A Lebanon man whose driver’s license was taken away by the state after he admitted drinking six to 12 beers a night is taking his fight to a higher court.”

Posted at 14:33 by Howard Bashman

View online the order denying rehearing en banc that the U.S. Court of Appeals for the Eleventh Circuit entered in the Alabama sex toys case: I have posted a copy of the order online here. The opinion that a divided three-judge panel issued in July 2004 holding that Alabama’s law prohibiting the distribution of sex toys is not unconstitutional can be accessed at this link.

Posted at 14:27 by Howard Bashman

“Missed Trial: Hamdi’s release fits Bush’s larger strategy — Avoid courts at all costs.” On Monday, The New Republic posted online this essay by Yonatan Lupu.

Posted at 14:20 by Howard Bashman

“Starr Emerges as Key Lawyer for N.Y. Times”: This article appears today in The New York Sun.

Posted at 12:51 by Howard Bashman

It’s been a while since I reported on the status of the Justice Sandra Day O’Connor bobblehead doll now being auctioned on eBay: The current bid price is $187.50, and the auction doesn’t conclude until next Wednesday.

Posted at 12:30 by Howard Bashman

The Internet declares bankruptcy? I had to do a double-take when I first saw the headlines of this report from Reuters and this report from The Associated Press. What actually seems to be the case is that Intermet has declared bamkruptcy. As always, readers are invited to make up their own jokes about the Internet declaring moral bankruptcy.

Posted at 11:05 by Howard Bashman

“Court to Drop Veil of Secrecy on Records”: Gina Holland of The Associated Press provides this report.

Posted at 10:30 by Howard Bashman

“The next president could tip high court; Aging, divided bench gives election winner chance to leave legacy”: Today Joan Biskupic has this article in USA Today.

Posted at 10:24 by Howard Bashman

“Judge disarms Patriot Act proviso”: Declan McCullagh of c|net News.Com has this report on a ruling (122-page scanned PDF file) that the U.S. District Court for the Southern District of New York issued yesterday.

In other coverage, The New York Times reports that “Judge Strikes Down Section of Patriot Act Allowing Secret Subpoenas of Internet Data.” The Washington Post reports that “Key Part of Patriot Act Ruled Unconstitutional; Internet Providers’ Data at Issue.” The Los Angeles Times reports that “Provision of Patriot Act Is Ruled Unconstitutional; A method used to obtain electronic data allows for ‘coercive searches,’ says a judge, who grants time for an appeal.” The Boston Globe reports that “Provision in Patriot Act is rejected; Judge curbs access to phone, Web data.” And The Washington Times reports that “Judge strikes down part of Patriot Act.”

The Knight Ridder Newspapers report that “Federal court strikes down part of Patriot Act.” USA Today reports that “Court strikes down Patriot Act provision.” And yesterday evening’s broadcast of NPR‘s “All Things Considered” contained a segment entitled “Federal Judge Rules Against Part of Patriot Act” (Real Player required).

In coverage from the wire services, The Associated Press reports that “Ashcroft Likely to Appeal Patriot Ruling,” and Reuters offers a similar report.

Finally, Law Professor Orin Kerr, who knows a thing or two about the Patriot Act and related areas of the law, has two posts (here and here) about the ruling online at “The Volokh Conspiracy.”

Posted at 10:07 by Howard Bashman

“Lead lawyer for Schiavo’s parents quits; After more than three years representing them, Pat Anderson says, ‘I’ve done my part shoving that rock up the hill'”: This article appears today in The St. Petersburg Times.

Posted at 09:57 by Howard Bashman

“Condesa Launches Blawg Republic”: You can access the press release at this link. To view this new blawg aggregator, simply click here.

Speaking of aggregators, readers are invited to join me in asking Google News to add “How Appealing” as one of its sources. Several other blogs have recently been added as Google News sources, and instead of protesting those decisions the least that fans of “How Appealing” can do is request equivalent treatment.

To send an email suggesting that “How Appealing” be added as a Google News source, simply write to source-suggestions@google.com. Thanks so very much in advance to those readers who are able to take a moment to send along a request via email to the good folks at Google News.

Posted at 09:08 by Howard Bashman

“Island chief raped me when I was 11, Pitcairn trial told”: The Independent (UK) contains this article today. The Guardian (UK) reports today that “Mayor among accused in Pitcairn rape trial.” The Toronto Globe and Mail reports today that “Rape trial grips Pitcairn Island.” The Associated Press reports that “Sex Trials Against Pitcairn Men Begin.” And Reuters offers a report headlined “Pitcairn Mayor ‘Led Rape’ on Island-Prosecutor.”

Posted at 07:04 by Howard Bashman

“Lawyers stand up for judge; Attorneys say Martin’s critics don’t have all the facts on rape case”: This article appears today in The Lawrence (Kan.) Journal-World.

Posted at 06:57 by Howard Bashman

“Upcoming Supreme Court Term Includes Important Cases on Civil Rights, Age and Sex Discrimination, and ‘States’ Rights’ Issues”: The organization People For the American Way this week issued this four-page report.

Posted at 06:55 by Howard Bashman

“The Supreme Court’s Excessive Secrecy: Why It Isn’t Merited.” FindLaw columnist Edward Lazarus, who has something of a personal stake in how this issue is resolved, has this essay today. And “The Volokh Conspiracy” has posted online here the text of a letter that certain U.S. Senators have issued concerning this matter.

Posted at 06:49 by Howard Bashman

“Appeals Nominee Gets Low Grade; ABA Cites Licensing Lapses in Granting ‘Qualified’ Rating”: The Washington Post today contains an article that begins:

The American Bar Association yesterday gave President Bush’s choice for a seat on the U.S. Court of Appeals for the District of Columbia the lowest possible passing grade for judicial nominees, and sources said a Republican Senate chairman was expected to schedule a hearing next week on his nomination.

Thomas B. Griffith, who failed to obtain a law license in Utah or keep a current license in the District during parts of the past six years, received a slight majority from his peers after an unusually long, three-month investigation. Under the ABA’s system, that means at least eight of the 15 members on the review panel rated him “qualified” for a seat on the court, and at least six rated him “not qualified.”

You can view the ABA rating in question at this link.

Posted at 06:45 by Howard Bashman

“Enemy combatant’s release delayed; Saudi government objects to terms of release”: CNN.com provides this report concerning Yaser Esam Hamdi.

Posted at 06:40 by Howard Bashman

“Ted Olson and Walter Dellinger appeared on C-SPAN’s Washington Journal program this morning”: So emails a reader, who goes on to note that they spoke about the U.S. Supreme Court‘s upcoming Term, prospective Supreme Court nominees, the judicial confirmation process, and their experiences arguing cases before the Court. You can view the segment online by clicking here. It runs slightly longer than 47 minutes.

Posted at 23:58 by Howard Bashman

In a perfect world, I would post news of all U.S. Supreme Court preview sessions before they occur: This afternoon at the Stanford Law School, the Stanford Law American Constitution Society held an OT ’04 Supreme Court Preview featuring Pam Karlan, Tom Goldstein and Alan Morrison.

While it’s too late to attend that event, tomorrow evening in Philadelphia the National Constitution Center will host a Supreme Court Preview that’s open to the public, free of charge, and yet to occur. According to the description posted online here, “Kathleen Sullivan of Stanford Law School and John Yoo of Berkeley Law School [will] take a look at the important cases coming up in the next session of the Supreme Court. Award-winning Supreme Court reporter Tony Mauro will moderate.” I am reliably advised that attendees need not worry about being bonked on the head by falling wooden beams. It won’t hurt a bit. On a more serious note, I would even attend this event myself if I hadn’t just spent part of my thirteenth wedding anniversary away from home visiting with the Eighth Circuit’s judges.

Posted at 23:55 by Howard Bashman

People For the American Way cranks up the tunes for an animated segment about the upcoming election’s possible impact on the U.S. Supreme Court: You can access the animated segment by clicking here. I’m afraid my favorite bad animation remains the “Bushenstein Monster.”

Posted at 23:50 by Howard Bashman

A reader report on today’s deadbeat-dad-related appellate news: While I was away from the computer today, a helpful reader emailed:

The Ohio Supreme Court today issued its decision in State v. Talty, a closely-watched case in which the trial court ordered the deadbeat-dad defendant (whose mug shot features one of the world’s last great mullets) to refrain from procreating as a condition of community control. A five-justice majority struck down the condition as overbroad under state law, and thus avoided the question of whether strict scrutiny would apply in a constitutional challenge to such a condition.

You can access today’s ruling at this link. And my earlier coverage of the case can be accessed here.

The Associated Press, meanwhile, reports that “Ohio Court Overturns Procreation Order.”

Posted at 23:33 by Howard Bashman

“3rd Circuit: Defendants Cannot ‘Pick Off’ Class Action Plaintiffs Using Rule 68.” Online at law.com, Shannon P. Duffy has this article reporting on a decision that the U.S. Court of Appeals for the Third Circuit issued today.

Posted at 23:12 by Howard Bashman

U.S Supreme Court Justice bobblehead bliss or an opportunity to squander your retirement savings? David M. Gossett, one of the co-founders of The Green Bag, emails to advise that he plans to auction a full set of U.S. Supreme Court bobbleheads that The Green Bag has issued to date — one each of Chief Justice William H. Rehnquist, Justice John Paul Stevens, and Justice Sandra Day O’Connor — on eBay sometime within the next ten days.

David says he plans to donate all of the proceeds from this auction to charity. Given that individual bobbleheads have sold for more than $400 on eBay, this set could easily sell for more than $1000. I will post a link to the auction once David has it up and running on eBay.

Posted at 22:35 by Howard Bashman

U.S. Court of Appeals for the Eleventh Circuit denies rehearing en banc in Alabama sex toys case: I’ll post a copy of the order online tomorrow, but I can report now that the order, which was entered last Friday, states that no one on the court asked for a poll concerning whether to take the case en banc. You can access the ruling of a divided three-judge panel in the case at this link.

Posted at 22:29 by Howard Bashman

Back home: I’m pleased to report that I have returned safely from my very enjoyable trip to St. Louis. This trip was my first encounter with 50-seat US Airways Express regional jets. Now if only those airplanes actually offered air conditioning.

Posted at 22:11 by Howard Bashman

“Appellate Seminar…On Blogs?” The blog “Abstract Appeal” offers this post.

Posted at 08:44 by Howard Bashman

Having a great time in St. Louis: The talk that I delivered last night to the Judges of the U.S. Court of Appeals for the Eighth Circuit and other distinguished guests to kick-off the conference hosted by the Eighth Circuit and the Federal Judicial Center on the future of electronic filing in the U.S. Courts of Appeals seemed to be very well received.

The conference is being held at a quite lovely hotel, and I am very much enjoying my first trip ever to St. Louis. Sadly, the Cardinals baseball team is playing in Houston, so I won’t be able to see in action while I’m in town the best team in baseball this year during the regular season.

Here are three random facts that I learned in preparing and delivering my speech last night: (1) the Eighth Circuit recently became the first and only U.S. Court of Appeals to have a majority of George W. Bush nominees among its active judges; (2) two of its newest judges are quite young, but the younger of those two isn’t the one whom I had suspected; and (3) First Circuit Judge Bruce M. Selya no longer serves on the Judicial Panel for Multidistrict Litigation.

Today I will be attending the conference sessions, and tonight I’ll be heading back to Philadelphia. More updates will likely appear here before the day is over.

Posted at 08:20 by Howard Bashman

More eBay U.S. Supreme Court Justice bobblehead madness: Last night, a Justice John Paul Stevens bobblehead doll sold at auction on eBay for an amazing $405.00.

And the Justice Sandra Day O’Connor bobblehead doll that’s currently being auctioned now has a high bid of $152.50.

As a thoughtful appellate commentator once observed, “Who among us can afford not to subscribe to The Green Bag?“

Posted at 08:14 by Howard Bashman

“Future justices a key election issue; Both parties are aware that the presidential winner could shape the Supreme Court”: This article appears today in The Salt Lake Tribune.

In the November 2004 issue of The Atlantic Monthly, Benjamin Wittes has an essay entitled “Supreme Irony: As elections near, partisans always invoke a threat to the ‘balance’ of the Court; But the real peril isn’t ideology–it’s blandness.”

Finally, Howard Mintz of The San Jose Mercury News has an article headlined “Presidents’ picks have enduring effect on law.”

Posted at 08:10 by Howard Bashman

“Supreme Court takes on Pa. death sentence”: Michael McGough of The Pittsburgh Post-Gazette has this article today.

Posted at 08:07 by Howard Bashman

“Cruise case gets last shot; Supreme Court to hear case over access for disabled”: This article appears today in The Houston Chronicle.

Posted at 08:05 by Howard Bashman

Ten Commandments news: The Daily Herald of Everett, Washington reports today that “Judge to get monument case; Arguments begin Tuesday in U.S. District Court in a lawsuit accusing Everett of fostering religion with its Ten Commandments marker.”

From Alabama, The Associated Press reports that “Dismissal clears Moore in fees claim.”

Finally, The Press-Enterprise of inland southern California today reports that “Courtroom quotation spurs objection; A rights group finds a word in Theodore Roosevelt’s statement exclusionary.” The quote in question, engraved in the mahogany walls of one of Riverside, California’s oldest courtrooms, states that “The true Christian is the true citizen.”

Posted at 08:00 by Howard Bashman

“Have We Heard the Last of Yaser Hamdi? Why His Promise Not to Sue the Government May Not be Binding.” FindLaw columnist Michael C. Dorf has this essay today.

Posted at 07:59 by Howard Bashman

“Group sues for judges’ free speech; Canon bars comment on personal belief”: The Lexington Herald-Leader today contains an article that begins, “A conservative Lexington foundation wants a federal judge to allow state judicial candidates to state their views on issues such as gay marriage and religious freedom.”

Posted at 07:57 by Howard Bashman

“Judge’s ouster would be rare; Only once previously have Kansans voted against retention”: The Lawrence (Kan.) Journal-Star contains this article today.

Posted at 07:54 by Howard Bashman

When good hugs go bad: The Seattle Post-Intelligencer reports today that “Lawyer may get 2-year suspension for ‘sexual’ contact.” And The Seattle Times reports that “Suspension suggested for former public defender.”

Posted at 07:51 by Howard Bashman

“Law professor apologizes for plagiarism in 1985 book”: This article appears today in The Washington Times. And The Los Angeles Times reports that “Professor Admits Not Crediting Author.”

Posted at 07:48 by Howard Bashman

“U.S. plans abortion ban appeal”: The Lincoln (Neb.) Journal Star today contains an article that begins, “The U.S. Justice Department announced Tuesday it will appeal a Lincoln judge’s ruling that declared a federal abortion ban unconstitutional.” And The Omaha World-Herald reports that “Government to appeal partial-birth abortion ban ruling.”

Posted at 07:44 by Howard Bashman

“Anti-smoking ads upheld; Judges reject tobacco firms’ claim that state violates their rights”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 07:11 by Howard Bashman

In today’s edition of The Los Angeles Times: David G. Savage has articles headlined “Justices to Take on Cities’ Seizure of Private Land; The Supreme Court will hear an appeal in a Connecticut case that could test the government’s power of eminent domain” and “High Court to Hear Case of Cochran’s Ex-Client.”

In other news, “Ashcroft Is Undeterred in Push for Capital Cases; Despite waning jury support, the attorney general wants more federal death penalties.”

And an article reports that “Prisoner’s Release Spurs Lindh to Ask for Clemency.”

Posted at 07:06 by Howard Bashman

“One Final Day In Court: U.S. supreme court will hear Fort Trumbull eminent domain case.” This article appears today in The Day of New London, Connecticut. And Lynne Tuohy of The Hartford Courant today reports that “Land Dispute In High Court; Eminent Domain Focus Of New London Case.”

Posted at 07:01 by Howard Bashman

Justice Antonin Scalia in the news: The Boston Globe reports today that “Scalia decries judicial activism in Harvard talk.” And The Harvard Crimson reports today that “Scalia Describes ‘Dangerous’ Trend.”

Elsewhere, The Hattiesburg (Miss.) American reports today that “Agreement ends suit over Scalia tapes; Marshals Service admits taking reporters’ recordings illegal.”

Posted at 06:55 by Howard Bashman

Available online from law.com: Tony Mauro has articles headlined “Supremes to Examine Private Property Seizures” and “Sentencing Tops High Court’s New Term; Justices also to tackle disputes over beef ads, wine, marijuana.”

In news from California, “9th Circuit OKs Use of Tobacco Taxes for Advertising” and “Effort to Free Lindh Seen as a Long Shot.”

And Shannon P. Duffy reports that “3rd Circuit OKs Deportation Under Patriot Act.”

Posted at 06:44 by Howard Bashman

“Pitcairn trials delayed”: This article appeared yesterday in The Australian.

The Herald Sun reports today that “Island women stand by their men.”

The Independent (UK) today contains an article headlined “Growing up on Pitcairn: ‘We all thought sex was like food on table.’”

And The New Zealand Herald offers a news update headlined “Pitcairn Island governor seeks return of documents.”

Posted at 00:08 by Howard Bashman

“Injunction sought against trespass law”: The Honolulu Advertiser today contains an article that begins, “The American Civil Liberties Union of Hawai’i is asking for a court order barring the state from enforcing a law that gives public officials the authority to ban individuals from public places.”

Posted at 23:55 by Howard Bashman

“Imploding Terror Cases”: This editorial appears today in The Los Angeles Times.

Posted at 23:50 by Howard Bashman

“Treasury Being Sued for Curbs on Editing”: The New York Times contains this article today.

Posted at 23:45 by Howard Bashman

“Prospects shift as DiMasi takes over for Finneran; Foes of gay marriage see blow to amendment hopes”: This article appears today in The Boston Globe.

Posted at 23:44 by Howard Bashman

“Justices Agree to Hear Property Rights Case”: Linda Greenhouse will have this article in Wednesday’s issue of The New York Times.

In Wednesday’s issue of The Washington Post, Charles Lane will have an article headlined “Justices To Hear Property Case; Individual Rights At Issue in Conn.”

And Joan Biskupic will have an article headlined “Justices take eminent-domain case” in Wednesday’s issue of USA Today.

Posted at 23:37 by Howard Bashman

“The Case for Jurisdiction-Stripping Legislation: Restoring Popular Control of the Constitution.” The Republican Policy Committee of the U.S. Senate issued this report today.

Posted at 23:19 by Howard Bashman

“Please Help Find a Replacement for Judge Harry T. Edwards”: Evan Schaeffer has this post online at “Notes from the (Legal) Underground.”

Posted at 23:16 by Howard Bashman

“Slate’s Jurisprudence: ‘Enemy Combatant’ Hamdi Freed.” Today’s broadcast of NPR‘s “Day to Day” included this segment featuring Dahlia Lithwick.

Posted at 23:05 by Howard Bashman

Reuters is reporting: Now available online are articles headlined “Calif. Anti-Smoking Ads Not Unconstitutional-Court” and “NY Times wants reporters’ phone records protected.”

Posted at 22:55 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined:

• “Scalia: Some Judges Display Too Much Power“;

• “Appeals Court Rules Against Tobacco Suit“;

• “N.Y. Times Sues Ashcroft in Leak Probe“;

• “Ala. Judge Tosses Ten Commandments Suit“; and

• “Judge Grants Custody to Lesbian in Va.“

Posted at 22:51 by Howard Bashman

“Supreme Court Agrees to Hear Another Case Involving Party Primaries and Associational Rights”: Law Professor Rick Hasen, at his “Election Law” blog, takes note of the grant of review in (what else?) an election law case.

Posted at 22:37 by Howard Bashman

Lyle Denniston is reporting: Online at “SCOTUSblog,” he has a post entitled “A New Look at Property Rights, and Other Issues” summarizing today’s grants of review and a post entitled “Justice ‘Question’ is Now Retired – So to Speak” describing the U.S. Supreme Court‘s new method of identifying in its transcripts of oral argument which member of the Court is speaking.

Posted at 22:32 by Howard Bashman

Which blank space makes you more curious? Not to be outdone by this ruling (see pages two through nineteen in particular) that the U.S. Court of Appeals for the Seventh Circuit issued yesterday, the U.S. Court of Appeals for the Second Circuit today posted online this for-publication opinion.

Posted at 22:27 by Howard Bashman

“9th Cir. memdispos now on-line!” A reader who is a certified appellate law specialist in California emails to draw this news to my attention. Making non-precedential opinions widely available, as the Ninth Circuit has now done, is typically the first step in allowing such opinions to be cited back to the issuing court.

Posted at 22:22 by Howard Bashman

U.S. Court of Appeals for the Third Circuit expedites appeal challenging New Jersey Governor James McGreevey’s decision to remain in office until after the November general election: You can access the Third Circuit’s order, issued today, at this link. And The Associated Press reports that “Appeal set for lawsuit seeking special election.”

Posted at 22:10 by Howard Bashman

“Massive storm hits area”: The Philadelphia Inquirer has this news update on the nasty weather I left behind in the Philadelphia area on my trip today to St. Louis. Just received an update from home, where everyone is fine, but the trip home this evening was a test of endurance for those in my neighborhood.

Posted at 22:03 by Howard Bashman

Divided three-judge Ninth Circuit panel rejects tobacco companies’ compelled speech claim: In this decision issued today, three tobacco companies contended that the State of California violated their First Amendment rights by imposing a surtax on cigarettes and then using some of the proceeds of that surtax to pay for advertisements that criticize the tobacco industry. By a vote of 2-1, the Ninth Circuit has now rejected that argument.

Posted at 17:56 by Howard Bashman

In other news from The AP: Now available online are articles headlined “Gov’t to Appeal Ruling on Abortion Measure” and “Moussaoui Asks Full Court to Weigh Appeal.”

Posted at 17:38 by Howard Bashman

Additional coverage from the wire services of today’s U.S. Supreme Court grants of review: Today’s Order List can be accessed at this link.

Gina Holland of The Associated Press reports that “Court Takes on Question of Seizing Land.” And in other coverage from The AP, “High Court to Hear Case by Cochran Client“; “Supreme Court Takes Up Okla. Voting Case“; and “Supreme Court to Hear Pa. Death Row Appeal.”

James Vicini of Reuters reports that “Supreme Court to Decide Disability Law on Cruise Ships” and “US court to review taking property for development.” And in other coverage from Reuters, “Court to Decide Limits on State Primary Voting“; “Court to Decide Johnnie Cochran Protester Case“; and “Supreme Court Refuses to Put Nader on Oregon Ballot.”

Posted at 17:26 by Howard Bashman

See you in St. Louis: New posts will appear later today, because now I must travel to St. Louis, Missouri, where I will be the keynote speaker this evening at a dinner that kicks-off a conference hosted by the U.S. Court of Appeals for the Eighth Circuit and the Federal Judicial Center on the future of electronic filing in the U.S. Courts of Appeals.

The next time I will be making a presentation at an event that offers CLE credit will be in New York City on November 11th and 12th, 2004 at DRI’s fifth Appellate Advocacy Seminar. As the brochure for the seminar reveals, at the DRI event I will be part of a quite distinguished faculty of consisting of appellate judges, law professors and other appellate practitioners. Online registration for the DRI seminar is available via this link.

Posted at 13:01 by Howard Bashman

“Cochran Case Heads to Supreme Court”: The Associated Press provides this report.

Posted at 11:14 by Howard Bashman

“Court revives voting machine lawsuit”: This article appears today in The Miami Herald. And The Tallahassee Democrat today contains an article headlined “Separate victories in ballot lawsuits; Suits seek printouts of touch-screen votes.”

Posted at 10:53 by Howard Bashman

“Lawmaking not a role for judges”: Columnist Jim Wooten has this op-ed today in The Atlanta Journal-Constitution.

Posted at 10:51 by Howard Bashman

“US court to decide disability law on cruise ships”: James Vicini of Reuters provides this report.

Posted at 10:49 by Howard Bashman

“Chief justice calls for bylaw revision; State Supreme Court’s Alex Bryner wants an update”: The Anchorage Daily News contains this article today.

Posted at 10:48 by Howard Bashman

“U.S. captive is to be flown back to Saudi Arabia; Captured in Afghanistan, the man was held without charges since’01”: This article appears today in The Richmond Times-Dispatch.

Posted at 10:48 by Howard Bashman

“Court Takes on Question of Seizing Land”: The AP’s Hope Yen, who joins Gina Holland in covering the U.S. Supreme Court for that wire service, provides this report.

Posted at 10:47 by Howard Bashman

“Cruise Lines, Disabled Spar Over Accessibility; A California woman’s suit says U.S. law should apply; Foreign operators dispute that claim”: This article previewing a case in which the U.S. Supreme Court granted review this morning appears today in The Los Angeles Times.

Posted at 10:31 by Howard Bashman

“Court to Hear ADA Suit Over Cruise Ships”: Hope Yen of The Associated Press provides this report. And Lyle Denniston reports that the Court, among the eight cases it agreed to review this morning, has granted certiorari in a much-anticipated eminent domain case from Connecticut. More details to follow.

Posted at 10:16 by Howard Bashman

“Tribe admits not crediting author; Harvard scholar publicly apologizes”: The Boston Globe contains this article today.

Posted at 10:01 by Howard Bashman

“Harvard law prof admits swiping phrase from book”: This article appears today in The Boston Herald.

Posted at 07:02 by Howard Bashman

Today in The Raleigh News & Observer: The newspaper contains articles headlined “Miller’s widow charged; Woman faces first-degree murder count in arsenic poisoning” and “Miller’s family, friends await justice; Arrest brings tangled responses.”

Relatedly, The Charlotte Observer reports today that “Widow charged in arsenic death; Kontz focus of police suspicion since husband died in 2000.”

Posted at 07:00 by Howard Bashman

“Kline signs on to Ten Commandments legal battle”: The Lawrence (Kan.) Journal-World today contains an article that begins, “Kansas Atty. Gen. Phill Kline has entered the legal battle to maintain public displays of the Ten Commandments.”

Posted at 06:58 by Howard Bashman

The San Francisco Chronicle is reporting: In today’s newspaper, an article is headlined “GOP urges a vote on same-sex marriage ban; Some see it as effort to stress gay issues.”

And Bob Egelko reports that “U.S. won’t try to ban hemp foods, oils.”

Posted at 06:32 by Howard Bashman

“Initiative Fight Puts Focus on Felons; Proposition 66 would make fewer offenders subject to three-strikes law; Debate is emotional”: The Los Angeles Times contains this article today.

Posted at 23:19 by Howard Bashman

“Gay marriage backers focus on Ore. battle”: This article appears today in The Boston Globe. And The Washington Times reports today that “Nine states vying in gay ‘marriage’ legalization race.”

Posted at 23:03 by Howard Bashman

In Tuesday’s issue of The New York Times: An article will report that “Voters in 10 of 11 States Are Seen as Likely to Pass Bans of Same-Sex Marriages.”

And Adam Liptak will have an article headlined “Reporters Put Under Scrutiny in C.I.A. Leak.”

Posted at 22:58 by Howard Bashman

“High Court Clerks Bemoan ‘Bush v. Gore’ Revelations; Scores of former Supreme Court law clerks criticize those who gave Vanity Fair details about Court divisions in case”: Tony Mauro has this article online at law.com (no subscription required).

Posted at 22:41 by Howard Bashman

Another Justice Sandra Day O’Connor bobblehead doll goes up for auction online at eBay: After a short lull, those in the market for this latest Green Bag creation have another opportunity to try to become the highest bidder. As of this moment, the item has received only one bid, for a mere $15.00. This is a ten-day listing, and nearly nine days of the auction remain. The auction is scheduled to end on Wednesday, October 6, 2004 (the first Wednesday in October) at 7:18 p.m. eastern time. The eBay listing is accompanied by three photos of the doll, including an extreme close-up of the cow bobblehead.

Earlier this month, Justice O’Connor bobblehead dolls sold on eBay for $300.00 and $285.00.

Posted at 21:20 by Howard Bashman

“Ninth Circuit to Reconsider En Banc Whether Amount Of Gemstar Executive Buyout Was ‘extraordinary'”: This article appears today in The Metropolitan News-Enterprise.

Posted at 21:13 by Howard Bashman

“Hamdi: The Price of Freedom is High.” Lyle Denniston has this post online at “SCOTUSblog.” As I noted earlier today, the agreement to release Yaser Esam Hamdi from the custody of the United States government can be accessed here.

Posted at 21:06 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined:

• “DEA’s failed battle to ban hemp food is over, attorneys say“;

• “South Dakota Supreme Court recuses itself in Janklow appeal“;

• “Tobacco Lawyers Want Memo Out of Case“; and

• “Bryant Defense Drops Bid to Seal Evidence.”

Posted at 19:30 by Howard Bashman

Dead man appears to point finger at wife of murder victim: The News & Observer of Raleigh, North Carolina offers a news update headlined “Wife indicted in arsenic death.” In earlier coverage, that newspaper reported back in May 2004 that “Suicide victim’s tale will be told; Court order forces a dead man’s lawyer to surrender what his client told him about a researcher’s death.” You can access my earlier coverage of this matter, from August 2003, at this link.

Posted at 19:23 by Howard Bashman

“All eyes on aging justices; As retirements loom, next president could reshape high court”: This article appears today in The Sacramento Bee.

Posted at 19:21 by Howard Bashman

“Pitcairn Island’s splendid isolation shattered by unwelcome arrival of ‘malicious gossip-mongers'”: Tuesday’s issue of The Independent (UK) provides this report on the sex-crimes trial on Pitcairn Island. And a few days ago, that newspaper offered a related report headlined “No dancing or garlands on the isle that lost its ‘joie de vivre.’“

Posted at 17:52 by Howard Bashman

“Disabilities Act doesn’t cover Web, court says”: Declan McCullagh of c|net News.Com provides this report.

Posted at 17:48 by Howard Bashman

Reuters is reporting: Now available online are articles headlined “US Court: Gov’t Ban on Erotic Dance Moves Too Broad” and “Outlook Dims for Asbestos Reform in Senate.”

Posted at 17:14 by Howard Bashman

“Federal appellate arguments as sporting events”: Law Professor Tung Yin offers this post at “The Yin Blog.”

Posted at 16:45 by Howard Bashman

“Nader Dispute Lands at Supreme Court”: Gina Holland of The Associated Press provides this report.

Posted at 16:25 by Howard Bashman

“Rematch: Bush v. Gore, Round 2.” Jeffrey Rosen will have this essay in the October 4, 2004 issue of The New Republic.

Posted at 16:18 by Howard Bashman

“Trial Ordered in Fla. E-Ballot Lawsuit”: The Associated Press provides this report on the ruling of the U.S. Court of Appeals for the Eleventh Circuit that I noted earlier this afternoon.

Posted at 15:10 by Howard Bashman

“U.S. to Release Hamdi to Saudi Arabia Thursday”: James Vicini of Reuters provides this report.

Posted at 14:09 by Howard Bashman

Three-judge Ninth Circuit panel upholds as lawful the vast majority of provisions contained in the adult entertainment ordinance of Maricopa County, Arizona: The panel did, however, “hold unconstitutional the prohibition on specified sexual activity” contained in the ordinance. You can access today’s ruling at this link.

Posted at 14:00 by Howard Bashman

“Court: Ohio Should Have Held Election.” The AP offers this report on the ruling of the U.S. Court of Appeals for the Sixth Circuit that I noted earlier today.

Posted at 13:42 by Howard Bashman

“Hamdi Expected to Be Freed by End of Week”: The Associated Press provides this report. A copy of the agreement to release Yaser Esam Hamdi from custody can be viewed via this link.

Posted at 12:06 by Howard Bashman

U.S. Court of Appeals for the Eleventh Circuit orders federal district court to decide on the merits a constitutional challenge to Florida’s touch-screen voting procedures: Today’s opinion, by a unanimous three-judge panel, explains that:

Fifteen Florida counties use a paperless, touchscreen method of voting. As is alleged, these touchscreen systems do not produce a paper record of votes. Accordingly, the fifteen counties where they are employed lack a manual recount procedure, which is available in Florida’s remaining fifty-two counties. In the federal claim, Plaintiffs allege this “non-uniform, differential standard” violates their rights to due process and equal protection under the Fifth and Fourteenth Amendments to the United States Constitution.

The federal district court had abstained from resolving this federal constitutional challenge on the merits. Today’s ruling requires the district court to address the merits of the challenge.

Posted at 12:01 by Howard Bashman

“Administrative Order Regarding Blakely Cases”: The U.S. Court of Appeals for the Eighth Circuit has today issued this administrative order.

Posted at 11:04 by Howard Bashman

“Can the Court clean up its Blakely mess?” That’s the subject of this week’s installment of “Debate Club,” hosted by legalaffairs.org. The participants in this week’s discussion are Law Professors Stephanos Bibas and Douglas Berman.

Posted at 11:04 by Howard Bashman

How Justice John Paul Stevens spent his summer vacation: Last Tuesday, The Associated Press published an article headlined “Justice Stevens Disputes Media Coverage.” As I wrote in the post in which I first noted the article, “Justice John Paul Stevens has a beef with Dahlia Lithwick‘s op-ed entitled ‘Off the Bench‘ published August 29, 2004 in The New York Times.” The U.S. Supreme Court has yet to post online the text of Justice Stevens’ speech. I have obtained a copy and have posted it online here (12-page PDF document).

Posted at 10:30 by Howard Bashman

An installment of “20 questions for the appellate judge” is somewhat less interesting without an interviewee: D.C. Circuit Judge Harry T. Edwards advised me, moments after receiving via email last Tuesday the “20 questions” that I had prepared for him to answer, that he no longer has time to participate as the October 2004 “20 questions for the appellate judge” interviewee.

The “20 questions” interview that I published earlier this month was the twentieth consecutive monthly “20 questions” interview. The feature is a favorite of mine and also of many of this blog’s readers, yet it requires a considerable amount of effort from me in researching the interviewee and drafting the questions and from the interviewee in responding to the questions.

From the outset, I have expressed a willingness to continue the “20 questions” feature for as long as appellate judges are willing to participate as interviewees.

In order for the feature to continue, I must obtain a replacement October 2004 interviewee by this Friday, October 1, 2004. Any appellate judge willing to volunteer can do so by sending me an email, a process that can be initiated by clicking here.

I will provide the replacement interviewee with his or her questions in writing via email on Friday, October 8, 2004, the interviewee can have until Friday, October 22, 2004 to provide his or her answers, and the interview will be published online on Monday, October 25, 2004.

If I am unable to obtain a replacement October 2004 interviewee by this Friday, this web log’s “20 questions for the appellate judge” feature will permanently come to an end after twenty quite remarkable installments in twenty months.

Posted at 09:40 by Howard Bashman

Isn’t that special (election): A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit this morning has issued a decision in which the majority opinion begins:

In this appeal, we conclude that Article I, section 2, clause 4 of the United States Constitution is mandatory, imposing upon a state executive the duty to issue a writ of election when one of her state’s seats in the United States House of Representatives (“House”) becomes vacant during a congressional term. Because Robert Taft, Governor of Ohio (“Governor Taft”), refused to issue a writ of election when one of Ohio’s seats in the House became vacant due to the expulsion of James A. Traficant, Jr. (“Traficant”) and more than five months remained before the next Congress would convene, we hold that Governor Taft violated Article I, section 2, clause 4 and denied the voters in Ohio’s Seventeenth Congressional District, including members of the American Civil Liberties Union (“ACLU”), their rights to vote and to equal representation in violation of the Fourteenth Amendment. Accordingly, we REVERSE the district court’s decision and REMAND so that the district court may award appropriate declaratory relief and attorney’s fees to the ACLU.

Circuit Judge Karen Nelson Moore wrote the opinion of the court, in which Circuit Judge Boyce F. Martin, Jr. joined. Senior Circuit Judge James L. Ryan dissented.

Posted at 09:32 by Howard Bashman

A debate over the future of the U.S. Supreme Court: The Alliance for Justice has issued this press release noting a debate that will get underway in Washington, DC just moments from now. C-SPAN3 is scheduled to broadcast the debate live, and you can view it online via this link.

Posted at 09:26 by Howard Bashman

“Imperial Judges Could Pick The President — Again”: Stuart Taylor Jr. has this essay today in National Journal.

Posted at 09:23 by Howard Bashman

“Sentencing Tops High Court’s New Term; Justices also to tackle disputes over beef ads, wine, marijuana”: In what will likely be my final mention of Tony Mauro this morning, he previews the cases in which the U.S. Supreme Court has already granted review in his “Court Watch” column (subscription required) published today in Legal Times.

Posted at 09:16 by Howard Bashman

U.S. Supreme Court Justices remember Senior Eighth Circuit Judge Richard S. Arnold: The “Inadmissible” column found in today’s issue of Legal Times contains an item by Tony Mauro noting Richard S. Arnold’s death last week.

Mauro writes:

As a sign of Arnold’s stature, eight of the nine Supreme Court justices issued statements after hearing of his death. “He performed exemplary service for the judiciary through his work on the Budget Committee of the Judicial Conference,” said Chief Justice William Rehnquist in a statement. “A brilliant, brilliant man, Judge Arnold was a model of humility and self-deprecation,” said Justice Clarence Thomas, who as the 8th Circuit’s “circuit justice” saw him often at conferences. Justice Ruth Bader Ginsburg, herself a cancer survivor, said, “He coped with his illness with unrelenting courage. Others, including me, gained strength from his example.”

Said Justice Antonin Scalia: “His carefully reasoned and beautifully written opinions were models of the art of judging. He has been a friend of mine since the days when he finished ahead of me (and first in the class) at Harvard Law School.” Justice Stephen Breyer called Arnold “a great judge and a marvelous human being,” and Justice Anthony Kennedy said, “It is of great importance to the federal judiciary that it can continue to attract jurists of the stature of the late, splendid Richard Arnold. His intellectual interests were vast, his character upright, and his search for truth and justice unyielding.”

Justice Sandra Day O’Connor said, “He always contributed his time and effort to improve the judiciary and to support efforts to help other judges around the world improve their own systems.” Added Justice John Paul Stevens: “Richard Arnold was a great judge, a true scholar, a wonderful human being, and an excellent golfer. I enjoyed every minute that I spent with him and will surely miss him.”

The complete text of today’s “Inadmissible” column is available at this link (subscription required).

Posted at 09:07 by Howard Bashman

“Clerks Bemoan Breach of Confidentiality; Scores of former high court clerks, two former attorneys general, and others criticize disclosure in Vanity Fair article”: Tony Mauro has this article (subscription required) in today’s issue of Legal Times. “SCOTUSblog” recently posted online the Vanity Fair article, and you can access it via this link.

Posted at 09:03 by Howard Bashman

It’s the first Monday before the first Monday in October: The U.S. Supreme Court today holds its “long conference,” at which the Justices consider whether to grant review in cases that have accumulated over the Court’s summer recess.

Although not until next Monday will we learn the identities of the cases in which review has been denied, the Court could issue as early as later today or any time tomorrow a list of cases in which certiorari has been granted. law.com’s Tony Mauro today has this preview of the cases in which a grant of review is most likely.

Posted at 08:55 by Howard Bashman

“Prof Admits to Misusing Source; Tribe’s apology marks third instance of HLS citation woes in past year”: The Harvard Crimson contains this article today.

Posted at 07:02 by Howard Bashman

“Supreme Court could have last word on stadium”: The Fort Worth Star-Telegram today contains an article that begins, “The U.S. Supreme Court, whose justices are most likely oblivious to whether Arlington becomes the home of the Cowboys, could make a decision today that would affect use of eminent domain for such projects.” The article appears to overlook that one Justice in particular is a huge Dallas Cowboys fan.

Posted at 06:52 by Howard Bashman

“Bench mark: Election winner will have lasting impact.” This article appears today in The Minneapolis Star Tribune.

Posted at 06:43 by Howard Bashman

“Next President Will Pick Scores of Judges”: Anne Gearan of The Associated Press provides this report.

Posted at 06:41 by Howard Bashman

“Some accused of music downloading turn to bankruptcy”: This article appears today in The St. Louis Post-Dispatch.

Posted at 06:32 by Howard Bashman

In today’s edition of The Los Angeles Times: An article is headlined “Case Hinges on Material Witness; In a high-stakes lawsuit against Union Carbide, Exhibit A is an asbestos the company now says is safe.”

And Billmon has an op-ed entitled “Blogging Sells, and Sells Out.”

Posted at 23:06 by Howard Bashman

“Bad law vs. big tobacco”: Jay Ambrose has this op-ed today in The Washington Times.

Posted at 22:57 by Howard Bashman

“The Peculiar Institution”: In today’s edition of The New York Times Sunday Book Review, Slate’s William Saletan has this review of two same-sex marriage-related non-fiction books.

Posted at 22:45 by Howard Bashman

“Ruling goes against ‘Choose Life’ tag”: The Tennessean yesterday contained an article that begins, “A federal judge struck down Tennessee’s ‘Choose Life’ specialty license plate yesterday after determining that the state is engaging in unconstitutional ‘viewpoint discrimination.'”

Posted at 22:41 by Howard Bashman

“Hemp Industry on Fire: Exploding marketplace stoked by DEA lawsuit.” Valerie Vande Panne has this essay online at Reason.

Posted at 22:24 by Howard Bashman

“Judge Richard Arnold dies at 68; Friends, colleagues mourn loss of legal scholar from Texarkana”: This article appears today in The Texarkana Gazette.

Posted at 20:47 by Howard Bashman

“Justice Is Blind: A Reader’s Guide to the Vanity Fair Article.” The blog “Underneath Their Robes” offers this post.

Posted at 18:02 by Howard Bashman

“Clerkships: the nine master types.” Jeremy Blachman has this amusing essay in the current issue of the Harvard Law Record.

Posted at 17:57 by Howard Bashman

On this morning’s broadcast of NPR‘s “Weekend Edition – Sunday“: The broadcast contained segments entitled “Tobacco Trial to Get into Specifics” and “Bloggers Keep Eye on Presidential Campaigns” (Real Player required).

Posted at 17:42 by Howard Bashman

“Children in court may not know why; Few younger than 13 tested for competency despite recent efforts”: This article appears today in The Richmond Times-Dispatch.

Posted at 17:38 by Howard Bashman

“Amputee ensnared by a legal web”: Houston Chronicle columnist Rick Casey has this essay today in that newspaper.

Posted at 17:37 by Howard Bashman

In judicial election news: From West Virginia, The Sunday Gazette-Mail of Charleston reports that “Justice says ads factually wrong; Group continues to target McGraw; Starcher defends.”

And from Montana, The Great Falls Tribune reports that “Nelson’s decisions draw fire, praise,” while The Billings Gazette reports that “Nelson holds slim lead over Younkin in court race.”

Posted at 17:28 by Howard Bashman

“Christians Use Gay Marriage to Seek Voters”: The Associated Press provides this report, which includes mention of possible U.S. Supreme Court vacancies.

Posted at 17:22 by Howard Bashman

“Rehearing sought on tax breaks; Kentucky, 3 other states fear job loss”: The Courier-Journal of Louisville, Kentucky today contains an article that begins, “The 6th Circuit Court of Appeals has until Thursday night to consider a ruling that outlawed certain corporate tax breaks in Ohio and threatens similar programs in Kentucky, Tennessee and Michigan.”

Posted at 13:02 by Howard Bashman

“Butler’s life story offers guide to scaling obstacles; State Supreme Court justice brings inspiring words to NAACP event”: The Milwaukee Journal Sentinel contains this article today.

Posted at 13:00 by Howard Bashman

Female firsts: The Houston Chronicle today contains an article headlined “Legal strides for women came with time; 50 years ago, Houstonian was the first female juror to lawfully sit on Texas panel.”

And The Portland Press Herald today contains an article headlined “She measured up to a historic role” about Maine’s first female judge.

Posted at 12:58 by Howard Bashman

“They Dress to Express: Political T shirts–on the right and the left–pit teenagers against their school administrators.” This article appears in the October 4, 2004 issue of Newsweek.

Posted at 12:57 by Howard Bashman

“Grandparents seek more family rights”: The Daytona Beach News-Journal contains this article today.

Posted at 12:56 by Howard Bashman

“Killers’ deals to avoid death put Oregon’s system on trial; The outcomes of two high-profile cases frustrate both critics and supporters of the capital punishment process”: This article appears today in The Oregonian.

Posted at 12:55 by Howard Bashman

“Legal stars square off in Pelosi trial”: Newsday contains this article today.

Posted at 12:53 by Howard Bashman

“Voters may shape high court; Four justices could retire”: The Arizona Republic contains this article today.

The October 4, 2004 issue of Newsweek contains an item headlined “Supreme Court: And the Nominees Are…”

And Howard Mintz of The San Jose Mercury News today has an article headlined “Judicial picks hang on election results.”

Posted at 12:22 by Howard Bashman

“Ruling hampers court cases; Decision sets limits on police testimony”: This article appears today in The Clarion Ledger of Jackson, Mississippi.

Posted at 12:12 by Howard Bashman

“When five voted for millions”: St. Petersburg Times columnist Robyn E. Blumner today has this essay concerning a certain Vanity Fair article that “SCOTUSblog” has made available via this link.

Posted at 12:08 by Howard Bashman

“On one page, nine naked (full frontal naked!) Justices of the U.S. Supreme Court.” So begins Henry Kisor’s column published today in The Chicago Sun-Times.

Posted at 12:03 by Howard Bashman

“New twist: ACLU vs. free press.” Phil Lewis has this op-ed today in The Naples (Fla.) Daily News.

Posted at 12:00 by Howard Bashman

“Supreme Court set to consider hearings in key cases; Justices return to decide a city’s power to take a person’s home”: This article appears today in The Houston Chronicle.

Posted at 11:55 by Howard Bashman

“Half of Pitcairn Island’s adult male population goes on trial”: The New Zealand Herald today contains an article that begins, “Pitcairn Island in the South Pacific will host one of the most sensational trials in British legal history this week, with seven men facing nearly 100 charges of rape and child sex abuse dating back to the 1960s.”

In other recent coverage, The Guardian (UK) reported yesterday that “Judges arrive on Pitcairn as abuse trials loom.” The Independent (UK) reported yesterday that “After 200 years, the law arrives on Bounty Island; Half the adult males in Pitcairn, the tiny island community created by Fletcher Christian, are going on trial over sex abuse.” And the Australian Broadcasting Corporation reported yesterday that “Pitcairn Island prepares for sexual abuse trial” (or listen here using Real Player).

Posted at 11:48 by Howard Bashman

“Was new indictment dictated by strategy? Lawyers say charging deported USF teacher Mazen Al-Najjar may really be about the Sami Al-Arian case.” This article appears today in The St. Petersburg Times. The home page of that newspaper’s web site is, as you would expect, largely devoted this morning to the imminent arrival of Hurricane Jeanne.

Posted at 11:44 by Howard Bashman

“Richard S. Arnold, 68, Judge Once Eyed for Supreme Court, Dies”: Yesterday’s edition of The New York Times contained this obituary written by Neil A. Lewis.

Posted at 09:20 by Howard Bashman

“The Big Mahatma: Laurence Tribe and the problem of borrowed scholarship.” Joseph Bottum has this article in the October 4, 2004 issue of The Weekly Standard.

Posted at 07:40 by Howard Bashman

“What’s the U.S. Court of Appeals for the Second Circuit?” Someday that may be the question on “Jeopardy” corresponding to the answer “The first U.S. Court of Appeals to offer its own publicly available web log.”

Posted at 23:33 by Howard Bashman

Same-sex marriage-related news from here and there: From Georgia, The Atlanta Journal-Constitution today contains an article that begins, “A Fulton County judge hinted Friday that she may be unwilling to halt a referendum to ban gay marriage, citing a Georgia Supreme Court ruling in an 84-year-old case.” And The Gwinnett Daily Post reports that “Judge pulls surprise in gay marriage lawsuit.”

From Canada, meanwhile, The Toronto Globe and Mail reports today that “Nova Scotia allows gay marriages; Court ruling means province joins four others and Yukon in recognizing same-sex unions.” And The Toronto Star reports that “N.S. backs same-sex marriages; Sixth province to make unions legal.” Comparing the headlines from these two Canadian newspapers raises a question — is or isn’t Yukon a Canadian province? The answer appears to be “no” (details available here).

Posted at 23:14 by Howard Bashman

“Ads may affect race; Warren McGraw could be hurt by campaign spots”: The Saturday Gazette-Mail of Charleston, West Virginia today contains an article that begins, “Once considered a lock for re-election, state Supreme Court Justice Warren McGraw is looking vulnerable.”

Posted at 23:09 by Howard Bashman

“Long Road From a Prison Cell to a Safe Haven on the Field”: William C. Rhoden has this “Sports of the Times” column about Marcus Dixon in today’s edition of The New York Times.

Posted at 23:05 by Howard Bashman

“High court asked to review abuse suit against LDS”: This article appears today in The Salt Lake Tribune.

Posted at 23:01 by Howard Bashman

“Teenage Sniper to Plead Guilty in Two Shootings”: Adam Liptak has this article today in The New York Times.

In other coverage, The Washington Post reports that “Malvo To Admit Guilt in Va. Cases; Defense Lawyer Says Spotsylvania Won’t Seek Death.” The Richmond Times-Dispatch reports that “Malvo waives appeals; Sniper to plead guilty in slaying; defense team seeks more deals.” And The Baltimore Sun reports that “Convicted sniper to plead guilty to 2nd murder charge; Malvo hopes to avoid death penalty, lawyers say.”

Posted at 22:57 by Howard Bashman

“Chief Justice William Rehnquist was grinning from ear”: So begins the third item contained in today’s “Names and Faces” column in The Washington Post.

Posted at 22:55 by Howard Bashman

Available online from National Public Radio: Yesterday evening’s broadcast of “All Things Considered” contained a segment entitled “Calif. Voters Asked to Revise ‘3 Strikes’ Law.”

And this evening’s broadcast of that program contained a segment entitled “Tort Reform as a Campaign Issue.”

Real Player is required to launch these audio segments.

Posted at 22:50 by Howard Bashman

Available online from law.com: Tony Mauro reports that “Supreme Court Ponders Religion’s Place; Justices consider First Amendment cases on religious rights of inmates and public display of Ten Commandments.”

Marcia Coyle reports that “House Votes to Bring Bite Back to Rule 11; Measure deemed attempt at ‘tort reform through the back door.’”

And in other news, “Calif. Supremes Slap No-Show Lawyers With Contempt; Lawyer who never made oral arguments must pay $250; his ex-boss is out $1,000.”

Posted at 22:45 by Howard Bashman

“SEC gets a second try on Gemstar exec pay; Agency says funds should be frozen during fraud probe”: Bob Egelko has this article today in The San Francisco Chronicle. And law.com reports that “9th Circuit to Rehear Suit Over Executives’ Exit Pay.”

Posted at 22:43 by Howard Bashman

“Report says state leads in 3-strikes convictions; Critics say anti-incarceration group skews facts”: The Ventura County Star yesterday contained an article that begins, “California has scored four times as many convictions under its three-strikes-and-you’re-out law than all other states with similar sentencing guidelines combined, according to a report released Thursday by an anti-incarceration group.” A related graphic can be viewed by clicking here.

Posted at 22:38 by Howard Bashman

“Guantanamo Tribunal Process in Turmoil”: Neil A. Lewis will have this article in Sunday’s issue of The New York Times.

Posted at 21:15 by Howard Bashman

“Odds are highest court won’t hear Terri’s Law; The ruling in the Schiavo case lacks federal issues that would concern the U.S. Supreme Court, legal experts say”: This article appears today in The St. Petersburg Times.

Posted at 21:10 by Howard Bashman

The Arkansas Democrat-Gazette today contains the obituary of Senior Eighth Circuit Judge Richard S. Arnold: The lengthy obituary appears about one-third of the way down from the top of this web page.

Posted at 21:06 by Howard Bashman

“State’s highest court to hear town case on public records”: The Greenwich (Conn.) Time on Wednesday published an article that begins, “Perhaps sensing its potentially far-reaching ramifications after the Sept. 11, 2001, terrorist attacks, the state’s highest court will now decide a landmark public records case involving access to aerial reconnaissance photographs and maps of Greenwich.” The article has generated this discussion thread at Slashdot.

Posted at 20:58 by Howard Bashman

“The world has bigger problems than L.A.’s cross”: Gerald Plessner has this op-ed today in The Pasadena Star-News.

Posted at 20:25 by Howard Bashman

“Farmer paints Ten Commandments on barn”: The Associated Press provides this report, in which it is noted that “Jeff Gamso, legal director of the American Civil Liberties Union of Ohio, said there is no apparent infringement on anyone’s rights because Power is expressing himself on private property.”

Posted at 20:24 by Howard Bashman

“I helped tobacco firm destroy documents: lawyer.” The Age of Melbourne, Australia contains this article today.

Posted at 20:22 by Howard Bashman

“School: Pierced teen owes time; boy calls rule unconstitutional.” This article appears today in The Atlanta Journal-Constitution.

Posted at 20:20 by Howard Bashman

“Richard Arnold, U.S. Court of Appeals judge, dead at 68”: The Associated Press provides this obituary. Judge Arnold was the November 2003 interviewee in this blog’s “20 questions for the appellate judge” feature.

Posted at 20:18 by Howard Bashman

“Jury trials fade, and lawyers take up the case”: This article appears today in The Philadelphia Inquirer.

Posted at 20:17 by Howard Bashman

The Houston Chronicle is reporting: Today’s newspaper contains articles headlined “Cruising uncharted waters: A sail through paradise didn’t turn out how one handicapped passenger planned, and now the Supreme Court will decide who’s liable” and “Ken Lay takes his case to the public; Some question the wisdom of his media blitz; But prosecutors? They say, keep talking.”

Posted at 20:15 by Howard Bashman

“Potomac Watch: Justices will pick up with ‘mess’ from last term.” The Seattle Post-Intelligencer contains this article today.

Posted at 20:14 by Howard Bashman

“Fear and Laptops on the Campaign Trail”: This article about blogs that focus on politics is the cover story of tomorrow’s issue of The New York Times Magazine.

Posted at 20:11 by Howard Bashman

“Lawyers Held in Contempt by S.C. for Skipping Oral Argument”: This article appears today in The Metropolitan News-Enterprise. I previously mentioned this matter last night in a post you can access here.

Posted at 17:07 by Howard Bashman

“Fellow alumni speak up for law grad hounded by feds; Efforts to keep $61,000 from reported prostitute vex Stanford classmates”: Josh Richman has this article today in The Oakland Tribune. I previously mentioned this matter in a post you can access here.

Posted at 16:54 by Howard Bashman

“Nader attorney resigns over pay; Samuel C. Stretton says the low-budget campaign of the presidential candidate can’t afford his services”: This article appears today in The Philadelphia Inquirer. And in somewhat related coverage, law.com reports today that “Nader’s Lawyer ‘Tortured the Law’; Judge’s blistering criticism slams would-be presidential candidate’s attorney.”

Posted at 16:51 by Howard Bashman

“Commandments on display”: The Daily Herald of Henry County, Georgia today contains an article that begins, “Downplaying the possibility of a court challenge, Henry County officials unveiled a framed copy of the Ten Commandments Thursday in the county courthouse.”

Posted at 16:50 by Howard Bashman

In judicial campaign-related news from West Virginia: The Charleston Daily Mail today contains articles headlined “McGraw backers call ’emergency meeting’” and “Benjamin to continue ads on sex felon.”

Posted at 16:48 by Howard Bashman

“Tobacco class action thrown out”: The Australian Associated Press provides this report. And “The World Today” from the Australian Broadcasting Corporation reports that “Class action against tobacco companies thrown out.”

Posted at 16:46 by Howard Bashman

“Feed-Tube Law Is Struck Down in Florida Case”: The New York Times contains this article today. The Washington Post reports that “Fla. High Court Overrules Governor in Schiavo Case; Feeding Order Called An ‘Encroachment.’” And The Los Angeles Times reports that “Florida Court Rules Against ‘Terri’s Law’; The state high court says the Legislature and Gov. Bush overstepped with a move to keep a woman in a vegetative state alive.”

In local coverage, The Tallahassee Democrat reports that “State Supreme Court rejects ‘Terri’s Law.’” The St. Petersburg Times contains articles headlined “Court strikes down Terri’s Law; Lawyers for Gov. Jeb Bush can seek a rehearing of the Florida high court’s unanimous ruling or appeal it to the U.S. Supreme Court“; “Law’s supporters disappointed but not surprised“; “Q&A: Schiavo story is long, with ending still unwritten“; and “Pariente is second woman named Florida chief justice.” The Tampa Tribune reports that “Florida’s High Court Tosses Out Terri’s Law.” The Miami Herald reports that “Justices overturn ‘Terri’s Law’; Florida’s Supreme Court chastised the governor and Legislature, calling the law keeping the brain-damaged Terri Schiavo alive unconstitutional.” And The Orlando Sentinel reports that “Justices overturn law in right-to-die case.”

Posted at 16:35 by Howard Bashman

“Schofield claims ruling nullifies long sentence”: This article appears today in The Portland (Me.) Press Herald. And in other coverage, The Morning Sentinel reports that “Top state court begins review of Schofield manslaughter conviction.”

Posted at 16:33 by Howard Bashman

“Pitcairn Island sex trial slated for Monday could destroy Bounty mutineers community”: Jurist’s “Paper Chase” blog provides this report.

Posted at 16:32 by Howard Bashman

“Canada’s high court aims for high-tech future; Supreme Court seeks cash for upgrade; New judicial advisory group launched”: The Toronto Star contains this article today.

Posted at 16:28 by Howard Bashman

“Attorney Defends Affirmative Action; Talks About Leading U. Michigan Supreme Court Case”: This article appears today in The Hoya of Georgetown University.

Posted at 16:13 by Howard Bashman

“Broward judge accepts reprimand, $15,000 fine for unsigned e-mail”: The South Florida Sun-Sentinel today contains an article that begins, “Broward County Court Judge Robert F. Diaz has accepted that he should be publicly reprimanded, fined $15,000 and suspended for two weeks without pay for firing off an anonymous e-mail to another judge that resulted in a criminal investigation.” And The Miami Herald reports that “Judge faces penalty over e-mail.”

Posted at 16:09 by Howard Bashman

“Prominent Law alumnae honored”: The Daily Pennsylvanian contains this article today.

Posted at 16:00 by Howard Bashman

“Scalia Lottery Hits Tech Glitch; IOP lotteries closed-circuit coverage, lifting false hopes for some students”: This article appears today in The Harvard Crimson.

Posted at 15:44 by Howard Bashman

“A Crucial But Largely Ignored 2004 Campaign Issue: The Next President Is Likely to Appoint At Least Three Supreme Court Justices.” FindLaw columnist John W. Dean has this essay today.

Posted at 15:40 by Howard Bashman

“House OKs limit on pledge cases; It would bar federal courts from hearing ‘under God’ suits”: The Sacramento Bee today contains an article that begins, “Worried that Sacramento activist Michael Newdow will prevail if he again challenges the constitutionality of the Pledge of Allegiance in federal court, the House voted Thursday to eliminate that risk.”

In other coverage, The New York Times reports that “House Passes Court Limits on Pledge.” The Boston Globe reports that “House votes to prevent court review of Pledge.” And The Washington Times reports that “House restricts rulings on Pledge.”

You can access at this link the text of the proposed new law as passed yesterday on a vote of 247 to 173 by the House of Representatives.

Posted at 15:32 by Howard Bashman

“Heinzes Fight Bid to Unseal Estate Records; Attorneys for Kerry’s wife battle newspapers over details of probate after first husband died”: This article appears today in The Los Angeles Times. The Morning Call of Allentown, Pennsylvania reports today that “Decision on opening Heinz estate records could come close to presidential election; Morning Call among papers that want to report on wealth of his widow, Teresa Heinz Kerry.” And The Pittsburgh Post-Gazette reports today that “Judge here to decide on opening Heinz will.”

Posted at 15:20 by Howard Bashman

Choose litigation: The Tennessean today reports that “‘Choose Life’ court hearing centers on speech.” And The American Civil Liberties Union yesterday issued a press release entitled “ACLU and Planned Parenthood Ask Tennessee Court to Block Anti-Choice License Plate.” The ACLU’s brief in support of the organization’s motion for summary judgment can be accessed here.

Posted at 15:10 by Howard Bashman

U.S. Court of Appeals for the Eleventh Circuit declines to resolve whether the Americans with Disabilities Act applies to the internet: The conclusion of today’s opinion states:

In declining to evaluate the merits of this case, we are in no way unmindful that the legal questions raised are significant. The Internet is transforming our economy and culture, and the question whether it is covered by the ADA — one of the landmark civil rights laws in this country — is of substantial public importance. Title III’s applicability to web sites — either because web sites are themselves places of public accommodation or because they have a sufficient nexus to such physical places of public accommodation — is a matter of first impression before this Court. Unfortunately, this case does not provide the proper vehicle for answering these questions.

You can access the complete opinion at this link.

Posted at 14:55 by Howard Bashman

Available online from National Public Radio: Yesterday’s broadcast of “Morning Edition” contained a segment entitled “U.S. to Release ‘Enemy Combatant’ to Saudi Arabia” featuring Nina Totenberg. That broadcast also contained a segment entitled “Tobacco Industry Answers Fraud Charges.”

And yesterday’s broadcast of “Talk of the Nation” contained a segment entitled “Inmates May See Expanded DNA Testing.”

Real Player is required to launch these audio files.

Posted at 14:01 by Howard Bashman

Survivor the television show survives challenge from Survivor the band: A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit today issued an opinion that concludes:

Sullivan, through his band Survivor, has been fortunate enough to have a successful rock band, succeeding in a business where many fail. CBS, through its show Survivor, has (for better or for worse) revolutionized the world of reality television. Both Sullivan and CBS are using the same mark, but we hold that there is no likelihood of confusion in the minds of consumers.

You can access the complete opinion at this link. The band is of course most well-known for the hit song “Eye of the Tiger.”

Posted at 13:52 by Howard Bashman

U.S. Court of Appeals for the Ninth Circuit grants rehearing en banc in case where three-judge panel’s decision had been described as a “blow to SEC effort to curb exec fraud”: You can access today’s order granting rehearing en banc at this link, and the ruling of a divided three-judge Ninth Circuit panel can be accessed here.

Back in May 2004, Bob Egelko of The San Francisco Chronicle reported on the three-judge panel’s ruling in an article headlined “Gemstar ruling rejected; Blow to SEC effort to curb exec fraud.”

Posted at 13:43 by Howard Bashman

“Court Rules a Horse Is Not a Vehicle”: The Associated Press reports here that “The state Supreme Court ruled that Pennsylvania’s drunken driving law can’t be enforced against people on horseback, a decision that inspired the dissenting justice to wax poetic.”

Justices serving on the Supreme Court of Pennsylvania issued a total of three opinion in the case. You can access the majority opinion here, a concurring opinion here, and the partially rhyming dissent here.

Unlike the last time that this particular Pa. Supreme Court justice employed rhyme in an opinion, this time none of his colleagues appear to have criticized him for doing so. More details on that earlier episode can be accessed at this link.

Posted at 12:05 by Howard Bashman

“Hon. Richard S. Arnold, R.I.P.” Law Professor Richard W. Garnett, who clerked for Judge Arnold before going on to clerk for Chief Justice William H. Rehnquist, has this post at the blog “Mirror of Justice.”

Posted at 11:29 by Howard Bashman

“Legal Groups to Track Judicial Elections”: The Associated Press provides this report.

Posted at 10:33 by Howard Bashman

“Arkansas jurist Richard Arnold dead at 68; Esteemed career spanned 25 years on federal district and appellate benches”: The Arkansas Democrat-Gazette contains an article reporting this very sad news today. The article begins, “Richard Sheppard Arnold, the bow-tied Arkansas jurist whose inimitable legal brilliance and scrupulous fairness landed him on the short list for a seat on the U.S. Supreme Court, has died.”

Judge Arnold was the November 2003 interviewee in this blog’s “20 questions for the appellate judge” feature.

Posted at 10:02 by Howard Bashman

“Man Involved in Bar Fight TKO’d by 9th Circuit”: law.com offers this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Posted at 23:04 by Howard Bashman

“Fla. Supreme Court Declares ‘Terri’s Law’ Unconstitutional”: law.com provides this report. And The Miami Herald offers a news update headlined “Florida Supreme Court rules in Schiavo case that ‘Terri’s Law’ is unconstitutional.”

You can access today’s ruling of the Supreme Court of Florida at this link. And you can access the text of the statute in question at this link.

Posted at 22:54 by Howard Bashman

Don’t feed the terrorists: Today a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued a decision addressing “whether providing food and setting up shelter for people engaged in terrorist activities constitutes affording ‘material support’ within the meaning of the Immigration and Nationality Act.” Senior Circuit Judge Ruggero J. Aldisert, joined by Circuit Judge Samuel A. Alito, Jr., answered that question in the affirmative.

Circuit Judge D. Michael Fisher dissented in an opinion that concludes:

That the BIA’s finding cannot be upheld is underscored through the government’s suggestion at oral argument that the provision of a cup of water to a terrorist could constitute “material support.” I have no doubt that under the right facts, the provision of a single glass of water to a terrorist could be material support. If bin Laden were dying of thirst and asked for a cup of water to permit him to walk another half mile and detonate a weapon of mass destruction, such support would be “material” to terrorism. But those facts are not before us, and permitting a mere cup of water, without more, to be “material support” reads “material” out of the statute.

You can access the complete ruling at this link.

Posted at 22:43 by Howard Bashman

Supreme Court of California penalizes two attorneys who failed to appear for an oral argument before that court: You can access today’s decision at this link.

Posted at 22:38 by Howard Bashman

“Mistrial in pepper spray suit; Jurors deadlock 6-2 in favor of demonstrators”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 22:35 by Howard Bashman

“Nevermind: Hamdi wasn’t so bad after all.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 22:22 by Howard Bashman

“SCOTUSblog” posts the Vanity Fair article that promises a behind-the-scenes look at Bush v. Gore based on interviews with law clerks to the U.S. Supreme Court‘s Justices: You can access the article, in PDF format, via this link.

Posted at 22:01 by Howard Bashman

Programming note: I’m scheduled to return home from New Bern, North Carolina this evening. Additional posts will appear thereafter.

Posted at 07:20 by Howard Bashman

“Citing China’s 1-child policy, court allows mom to stay”: This article appears today in The Chicago Tribune. I first noted yesterday’s ruling of the U.S. Court of Appeals for the Seventh Circuit last night in a post you can access here.

Posted at 07:00 by Howard Bashman

“Strip This Bill”: The Washington Post contains this editorial today.

Posted at 06:58 by Howard Bashman

“Runaway courts”: Newt Gingrich has this op-ed today in The Washington Times.

Posted at 06:56 by Howard Bashman

“Court to hear arguments in marriage amendment today”: The Arkansas News Bureau provides this report.

Posted at 06:55 by Howard Bashman

“Candidate for Illinois high court gets low marks from attorneys”: This article appears today in The St. Louis Post-Dispatch.

Posted at 06:54 by Howard Bashman

“Court throws Nader off ballot; Observers say ruling reduces Oregon’s value as swing state; fate of 6,000 overseas ballots unclear”: The Salem Statesman Journal contains this article today.

Posted at 06:52 by Howard Bashman

“Opponents Say Republicans Plan Sequel to Patriot Act”: This article appears today in The New York Times.

Posted at 06:48 by Howard Bashman

“Sentencing delayed in bank robbery case; Judge considers whether guidelines violate Constitution”: The Rocky Mountain News contains this article today.

And from Rhode Island, The Providence Journal reports that “Cianci prison sentence defended; The government is fighting assertions that the terms given the former mayor and his one-time top aide were unconstitutional.”

Posted at 06:44 by Howard Bashman

“Puffs on peace pipes hail court win”: This article appears today in The Deseret Morning News. And The Salt Lake Tribune reports that “Activists offer thanks for peyote ruling.”

Posted at 06:40 by Howard Bashman

And in other news from Ohio: The Associated Press reports that “Disciplinary counsel drops investigation of Supreme Court candidate.”

Posted at 06:36 by Howard Bashman

The Cleveland Plain Dealer is reporting: Today’s newspaper contains articles headlined “Court strikes down dog law; Statute aimed at vicious pets” and “Ex-Justice Douglas accused of racist comments; Unfair practices also alleged at civil service union.”

Posted at 06:34 by Howard Bashman

“Panel OKs Ten Commandments staying on Capitol lawn”: The Associated Press provides this report from Montana. And The Helena Independent Record today contains an editorial entitled “About that Capitol monument.”

Posted at 06:20 by Howard Bashman

“The world has bigger problems than L.A.’s wisely eliminated cross”: Gerald Plessner has this op-ed today in The Pasadena Star-News. And this week’s issue of The Tidings, the weekly newspaper of the Los Angeles Archdiocese, contains an essay entitled “Removing the Cross: American and French perspectives” by Bishop J. Thomas Curry.

Posted at 06:17 by Howard Bashman

“The GOP backpedals on judges”: The Hill today contains an article that begins, “Senate Republican leaders have backed away from a strategy they adopted this summer to brand Democrats as obstructionists by scheduling nine cloture votes this month on President Bush’s federal appellate-court nominees.”

Posted at 06:11 by Howard Bashman

“The Pledge Protection Act: The Lunacy of Letting Only State Courts Interpret the First Amendment.” FindLaw columnist Marci Hamilton has this essay today.

Posted at 05:58 by Howard Bashman

Available online from NPR: This evening’s broadcast of “All Things Considered” included segments entitled “Hamdi to Go Free in Detainee Compromise” (featuring Nina Totenberg) and “Tobacco Companies: No Conspiracy to Mislead.”

And today’s broadcast of “Talk of the Nation” included a segment entitled “Tobacco Lawsuit.”

Real Player is required to launch these audio clips.

Posted at 23:58 by Howard Bashman

Appellate procedure from hell: “The Legal Reader” blog posts here about a decision a California state appellate court issued today in a case that the court described as “the appellate procedural case from hell.”

Posted at 23:47 by Howard Bashman

Should all corporations be treated alike for purposes of state residency in determining whether federal diversity of citizenship jurisdiction exists? Two federal appellate judges who care very much about the proper resolution of questions such as this — Circuit Judges Richard A. Posner and Frank H. Easterbrook — have each written to address the issue in this decision that the U.S. Court of Appeals for the Seventh Circuit issued today.

Posted at 23:32 by Howard Bashman

“It looks a bit like the congressional anti-abortion faction outmaneuvered its anti-immigration faction–which itself is ironic, given that most members of Congress who belong to one of the factions belong to the other as well”: Seventh Circuit Judge Terence T. Evans issued this interesting concurring and dissenting opinion in a case involving a female Chinese refugee of childbearing age.

Posted at 23:13 by Howard Bashman

U.S. citizen and alleged enemy combatant Yaser Esam Hamdi to be freed and expelled from the United States: Thursday’s edition of The New York Times will report that “U.S. to Free ‘Enemy Combatant,’ Bowing to Supreme Court Ruling.”

And Thursday’s edition of The Washington Post will report that “U.S. to Free Hamdi, Send Him Home.”

Posted at 23:04 by Howard Bashman

“Forced to Defend Yourself at Trial? Tough Luck, Says 3rd Circuit; Appeals court: Pa. judge’s error ‘not sufficiently unreasonable’ to merit new trial.” Shannon P. Duffy has this article online at law.com.

Posted at 23:00 by Howard Bashman

“Enemy combatant’s freedom days away; Required to give up U.S. citizenship”: CNN.com provides this report.

Posted at 21:32 by Howard Bashman

All Nader, all the time: Once again, efforts to place Ralph Nader onto, or keep Ralph Nader off of, as many state ballots as possible dominate the day’s appellate developments.

Today, Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, issued an opinion that affirmed a federal district court’s denial of a preliminary injunction to order the State of Illinois to place Nader on the ballot. In news coverage of the ruling, The Associated Press has a report headlined “Court: Nader too late for ballot.”

Nader and his supporters also received an unfavorable ruling today from the Supreme Court of Oregon. The AP reports that “Oregon high court removes Nader from ballot.”

Nader is also off the ballot, at least for now, in New Mexico, as The AP reports here. The Albuquerque Tribune today reports on an interesting development in that legal proceeding in an article headlined “Justices withdraw; 3 Supreme Court jurists recuse themselves from Nader appeal.”

Finally, from Wisconsin yesterday came some better news for Nader backers. The Milwaukee Journal Sentinel reports today that “Elections Board votes to put Nader on the ballot; Democrats might sue.”

Posted at 21:23 by Howard Bashman

Greetings from New Bern, North Carolina: I’m pleased to report that my hope of a high-speed internet connection at my hotel wasn’t misplaced. Regular programming to resume momentarily.

Posted at 21:11 by Howard Bashman

Blawging guru stops, for a while, in New Bern, North Carolina: I doubt that any newspaper article similar to this one will be appearing in The New Bern Sun Journal while my day job requires my presence in that historic southeastern town over the next day and a half.

Unlike when work caused me to be away from home last week, this time it appears assured that my hotel will have a working high-speed internet connection. Check back for more updates later today. In the interim, any readers who wish to draw to my attention court rulings or law-related news coverage are invited to do so via email.

Posted at 11:55 by Howard Bashman

“Amendment puts Colorado in world’s eye; Proposal to divide electoral votes may put court in charge”: This article appears today in The Rocky Mountain News.

Posted at 11:50 by Howard Bashman

In news from Washington State: The Olympian reports today that “New group targets gay marriage; Allies for Marriage and Children want to amend state’s constitution.”

And in related coverage, The News Tribune of Tacoma reports today that “Gay marriage foes demand ban.”

Posted at 11:44 by Howard Bashman

In judicial election-related news and commentary from here and there: The Charleston (W.V.) Daily Mail today contains an article headlined “McGraw campaign cries foul” that begins, “Supporters of state Supreme Court Justice Warren McGraw contend that an independent group attacking McGraw is too closely tied to the campaign of his opponent, attorney Brent Benjamin.”

The St. Louis Post-Dispatch reports today that “Judicial foes oppose abortion.”

And The Dallas Morning News today contains an editorial entitled “Texas Supreme Court: Although blemished, Brister deserves term.”

Posted at 11:43 by Howard Bashman

The Seattle Times writes about web logs: Today’s newspaper contains articles headlined “Web logs catch fire as kindling for change” and “Blogging guru stops, for a while, in Seattle.”

Posted at 11:39 by Howard Bashman

“Judge’s Remarks Become A Case For High Court”: Lynne Tuohy today has this article in The Hartford Courant.

Posted at 11:38 by Howard Bashman

“Use of court experts may be curbed”: Thursday’s issue of The Sydney Morning Herald will contain this article.

Posted at 11:36 by Howard Bashman

“Survivor calls capital punishment ‘madness’; He urges people to get involved in the movement to abolish it”: This article appears today in The Salt Lake Tribune.

Posted at 11:30 by Howard Bashman

“Idaho justices uphold gay parents’ rights; But Idaho Falls father still loses his custody case”: The Idaho Statesman today contains this article reporting on a decision that the Supreme Court of Idaho issued yesterday.

Posted at 11:02 by Howard Bashman

“Judge favored mistress, clerk claims; 4th complaint filed against Warren Co.’s Powers”: The Cincinnati Enquirer contains this article today.

Posted at 10:55 by Howard Bashman

“Harkness, Law School’s Loker, Gets Facelift”: This article appears today in The Harvard Crimson.

Posted at 10:54 by Howard Bashman

“Judge Says She Erred in Capital Case, Dissents”: Jeff Chorney of The Recorder today has an article (subscription required) in which he reports, “Although the Ninth Circuit has a history of overturning California death penalty convictions and has received a lot of criticism over the years, it’s almost unheard of for a judge to reverse herself, even in a death case.”

The subject of the article is a dissent that Senior Circuit Judge Betty B. Fletcher issued yesterday after having joined in the Ninth Circuit‘s unanimous opinion rejecting the inmate’s challenges to his death sentence that Circuit Judge M. Margaret McKeown had issued in June 2003.

Posted at 10:43 by Howard Bashman

“Parks said to be too ill to testify; Doctor says civil rights pioneer suffers from dementia, must skip lawsuit hearing”: This article appears today in The Detroit News.

Posted at 10:36 by Howard Bashman

On today’s broadcast of NPR‘s “Morning Edition“: The broadcast contained segments entitled “Tobacco Industry Begins Its Defense” and “Enron Trial” (Real Player required).

Posted at 10:21 by Howard Bashman

“House Backs Crack Down on Video Voyeurs”: The Associated Press provides a report that begins, “Calling video voyeurism the new frontier of stalking, the House on Tuesday approved legislation to make it a crime to secretly photograph or videotape people, often for lascivious purposes.”

As The AP’s article notes in passing, this proposed federal criminal legislation would only prohibit upskirt photography “in the special maritime and territorial jurisdiction of the United States.” Thus, outside of that rather limited geographic area, whether this conduct is criminal or not will depend on state law.

Let me add a note to The AP’s headline writers — wouldn’t “crackdown” (which is a noun) be the word you’re looking for, you punsters?

Posted at 10:14 by Howard Bashman

One way to avoid the crushing burden of student loan debt from attending an expensive law school: Orin Kerr links to an article headlined “Feds seeking $61K from alleged call girl; No charges filed against Stanford Law graduate who lived in Oakland” published yesterday in The Oakland Tribune. If Orin’s post lacks anything, it’s a link to the woman’s web site, which is definitely not work safe.

Posted at 09:55 by Howard Bashman

“The Department Of Justice Is Forced to Admit Serious Error in the Detroit ‘Terrorist Cell’ Case: Judges’ Key Role In Curbing ‘War on Terror’ Excesses.” Noah Leavitt has this essay today online at FindLaw.

Posted at 09:49 by Howard Bashman

“Next stop for Nader backers: top court in N.M.” This article appears today in The Santa Fe New Mexican.

Posted at 07:01 by Howard Bashman

“Doctors rally in Las Vegas for Question 3, protest Supreme Court”: The Las Vegas Review-Journal contains this article today.

Posted at 07:00 by Howard Bashman

“Lawyers give high marks to lesbian-divorce judge”: This article appears today in The Des Moines Register.

Posted at 06:57 by Howard Bashman

“Movement against judge organizes; More than 50 people attend meeting to discuss campaign against retention”: The Lawrence (Kan.) Journal-World contains this article today.

Posted at 06:53 by Howard Bashman

“Paper may print name in Commandments case, judge says”: This article appears today in The Omaha World-Herald. And in related coverage, that newspaper also reports today that “Federal judge says he has received threats.”

In other Ten Commandments-related news, The Associated Press reports from Montana that “State to rule on Capitol’s 10 Commandments marker.”

And The Bolivar (Mo.) Herald-Free Press reports today that “Controversial monument in Humansville for festival.”

Posted at 06:33 by Howard Bashman

“Bush’s Legal Legacy in Texas Is a Divisive One”: David G. Savage will have this article in Wednesday’s issue of The Los Angeles Times.

Posted at 23:50 by Howard Bashman

In today’s issue of The Los Angeles Times: An article reports that “Judge Rebukes Elections Panel for Its Finance Reform Rules; Findings on ‘soft money’ donations could ‘foster corruption’; Decision probably won’t affect this year’s campaigns; An appeal is expected.”

In other news, “Lawyers Seek to Stave Off Military Trial; Defense attorneys for an Air Force interpreter accused of espionage plan to file motions saying prosecutors have failed to make a case.”

And an editorial entitled “A Bonehead on History” begins, “Remember the poll a few years back that found more Americans could name the Three Stooges than the three branches of government? Or the survey, also conducted by the Philadelphia-based National Constitution Center, in which one in four adults couldn’t name a single right guaranteed by the 1st Amendment?”

Posted at 23:45 by Howard Bashman

The San Francisco Chronicle is reporting: In today’s newspaper, Bob Egelko has an article headlined “Pepper spray case going to jury; Anti-logging group charges unusual force used in 1997.”

And in other news, “Cops had 41 reasons to think Laci Peterson’s body was in bay; Detective says all evidence pointed to spot where Scott went fishing.”

Posted at 23:44 by Howard Bashman

Today in The Boston Globe: An article reports that “Global positioning to track sex offenders.”

And an editorial is entitled “A scolding for the FEC.”

Posted at 23:40 by Howard Bashman

“Prosecuting terrorists”: Bruce Fein has this op-ed today in The Washington Times.

Posted at 23:35 by Howard Bashman

“Blogs look burly after kicking sand on CBS; Bloggers enjoy a moment of glory after pooling their expertise to uncover the truth about the forged memos on Bush’s service record”: This article will appear in Wednesday’s issue of The Christian Science Monitor.

Posted at 23:30 by Howard Bashman

The Washington Post is reporting: Today’s newspaper reports that “Judge Strikes Down 15 FEC Rules on Campaign Finance.”

In other news, “Md. Court Lets Nader Appear on Nov. Ballot; 542 Disputed Signatures Deemed Valid.”

And an article reports that “Harvard Student Tried in Fatal Stabbing; 2003 Death of Local Man Has Deepened Town-vs.-Gown Divide in Cambridge.”

Posted at 23:20 by Howard Bashman

In today’s issue of The New York Times: In news regarding the U.S. Court of Appeals for the D.C. Circuit, “Expert Faults Court’s Ruling About Waste From Reactors.”

In regional news, “Ex-Prosecutor Can Collect Jury Award, Judge Rules.”

And an editorial is entitled “Dawdling Over DNA.”

Posted at 23:11 by Howard Bashman

“Nader placed on Nov. ballot; Md. Court of Appeals says vote rule unconstitutional; Signatures were deemed invalid; State Democrats foresee little harm done to Kerry”: The Baltimore Sun contains this article today.

Posted at 23:04 by Howard Bashman

“Appeals judge is named to high court”: This article appears today in The St. Louis Post-Dispatch.

Posted at 23:01 by Howard Bashman

In judicial election-related news: The Cleveland Plain Dealer reports today that “Contested top-court races all up in air; Survey of likely voters finds half undecided.”

The Birmingham News reports that “GOP has funding edge in court races; Candidates more than double Democrats’ contributions.”

And from Mississippi, The Clarion-Ledger reports that “Lee running low-budget race; Appeals judge plans to spend under $70,000 in bid for high court post.”

Posted at 22:54 by Howard Bashman

Available online from law.com: Tony Mauro has articles headlined “Supreme Tipping Point: Some liberals and conservatives say a new high court appointment could alter law in several areas; Will it?” and “Judicial Conference Cuts Deep and Wide; Approved cost-cutting measures mean major layoffs and a freeze on new courthouses.”

In news from California, “Court Chops More off $3 Billion Award in Philip Morris Case.”

And Shannon P. Duffy has an article headlined “3rd Circuit: ‘Healthy’ Company Can’t File Chapter 11; Filing solely for protection from landlord’s claims was not made in good faith.”

Posted at 22:40 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined:

• “Feds: Tobacco Firms Worked Together“;

• “Judge Recommends Abu Ghraib Court-Martial“;

• “Federal Courts Put Off Construction Plans“;

• “Prosecutor Says Enron Cheated, Lied“;

• “Stewart Ordered to Prison Within 3 Weeks“; and

• “Bryant’s Request to Seal Evidence Opposed.”

Posted at 20:55 by Howard Bashman

“California Court Cuts Philip Morris Smoker Award”: Reuters reports here that “A California appeals court has ruled that a smoker’s record-breaking $3 billion punitive damages award against Philip Morris was still “excessive” even after being reduced by a trial judge to $100 million and must be halved again.”

You can access today’s ruling of the California Court of Appeal for the Second Appellate District at this link.

Posted at 20:51 by Howard Bashman

Available online from NPR: Today’s broadcast of “Day to Day” included a segment entitled “Slate’s Jurisprudence: Campaigning for a Court Seat” (Real Player required) featuring Dahlia Lithwick.

And this evening’s broadcast of “All Things Considered” included a segment entitled “Collusion Charges Open Billion-Dollar Tobacco Trial” (Real Player required).

Posted at 20:45 by Howard Bashman

“Justice Stevens Disputes Media Coverage”: Justice John Paul Stevens has a beef with Dahlia Lithwick‘s op-ed entitled “Off the Bench” published August 29, 2004 in The New York Times, according to this report from Gina Holland of The Associated Press.

Posted at 17:15 by Howard Bashman

“Republican fund-raising leads to indictments of 3 DeLay aides”: The Houston Chronicle provides this news update.

Posted at 16:33 by Howard Bashman

“ACLU requests restraint on press”: The Omaha World-Herald today contains this amazing article, which begins “In a stark turnabout from its free-speech advocacy, the ACLU urged a judge Monday to prevent the Omaha World-Herald from publishing the name of the Plattsmouth, Neb., man who sued the city over a Ten Commandments monument.”

Posted at 15:29 by Howard Bashman

“Conference Adopts Cost-Containment Plan in Wake of Limited Congressional Funding; Continues Push for Court Funds”: The Judicial Conference of the United States has just held a meeting, and this press release reports on some of the results.

Meanwhile, the Administrative Office of the U.S. Court has its own TV newscaster — click here to see for yourself (Windows Media Player required). Glad to see that my confidence in Max Headroom‘s ability to land a new gig wasn’t misplaced.

Posted at 15:10 by Howard Bashman

“Murderer considers offer of life sentence; Death penalty in drowning overturned by high court”: The Baltimore Sun contains this article today. The U.S. Supreme Court issued its ruling in the case on June 26, 2003.

Posted at 14:49 by Howard Bashman

“Court hears appeal of tobacco verdict; A lower court’s $100 million award faces a challenge”: The Associated Press provides this report from Oregon.

Posted at 14:46 by Howard Bashman

“James E. Beasley, leading Phila. trial attorney, 78”: This obituary appeared yesterday in The Philadelphia Inquirer. And The Philadelphia Daily News published this obituary yesterday.

Posted at 14:40 by Howard Bashman

“Justice Scalia the Pragmatist?”: Law Professor Orin Kerr attended Justice Antonin Scalia’s lecture yesterday evening in Washington, DC and offers this report.

Posted at 14:12 by Howard Bashman

In conducting searches of automobiles seeking entry into the United States through a border crossing, the federal government now has carte blanche to search and destroy all personal property that does not affect vehicular operation: So asserts the dissent in this ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Posted at 14:00 by Howard Bashman

Today’s federal criminal law lesson — Don’t mail cornstarch: Today a three-judge panel of the U.S. Court of Appeals for the Third Circuit issued a decision that considers “the narrow question of whether the mailing of an envelope containing cornstarch meant to resemble anthrax, but containing no written message, constitutes a ‘communication … containing any threat … to injure the person of the addressee'” as prohibited under federal law. By a 2-1 vote, the panel answered that question in the affirmative.

Posted at 13:52 by Howard Bashman

“The Battle Over The Courts: How politics, ideology, and special interests are compromising the U.S. justice system.” This cover story appears in the September 27, 2004 issue of BusinessWeek magazine.

And the following related items are also available online: “Punch, Counterpunch“; “Turning Point“; “The Escalating Battle Over State Courts“; statistic number one; and statistic number two.

Posted at 13:40 by Howard Bashman

“Judge Recuses Himself in Muhammad Case”: The Washington Post provides this news update. And The Richmond Times-Dispatch reports that “Judge in Muhammad case steps down.” A copy of the trial judge’s recusal order and letter of explanation are available online via the Fairfax County Virginia Circuit Court web site.

Posted at 12:23 by Howard Bashman

“‘Smoketown Six’ headed for trial; Face charges of disorderly conduct for dropping drawers at local Bush rally”: This article appears today in The Lancaster (Pa.) Intelligencer Journal.

Posted at 12:10 by Howard Bashman

“10th Circuit: Forest Service can bar logging near medicine wheel.” The Associated Press provides this coverage of a ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.

Posted at 11:49 by Howard Bashman

“Hearing on Mount Soledad cross canceled by judge”: This article appears today in The San Diego Union-Tribune.

Posted at 11:27 by Howard Bashman

“Cigarette Makers Racketeering Trial Opens”: Reuters provides this report from Washington, DC.

And The Associated Press reports from San Diego that “Lawyers Seek to Revive Teen Tobacco Suit.”

Posted at 11:24 by Howard Bashman

In case allegedly involving secret law, the federal government insists on keeping its secrets secret: The federal government yesterday filed this motion to reconsider in the case known as Gilmore v. Ashcroft pending before the U.S. Court of Appeals for the Ninth Circuit. You can learn much more about the case via this web site, and you can access other court filings in the case at this link.

Posted at 11:14 by Howard Bashman

“How a 1677 treaty could snag reservoir in court; The Mattaponi tribe asserts a deal struck with King Charles II’s representatives gives it rights to oppose the Newport News plan”: This article appears today in The Daily Press of Hampton Roads, Virginia.

Posted at 10:11 by Howard Bashman

“Charges for Detainees Ordered; Judge Says Government Must Justify Custody at Guantanamo”: The Washington Post contains this article today.

Posted at 10:09 by Howard Bashman

“Gay marriage ban defended; Six Georgia lawmakers ask to join legal fight in ACLU court challenge to proposed amendment”: This article appears today in The Atlanta Journal-Constitution.

Posted at 10:01 by Howard Bashman

“Agency chief says court ruling threatens N.W. Ohio job growth”: The Toledo Blade today contains an article that begins, “A federal court ruling against a controversial tax break for Ohio businesses has cast a pall over business recruitment in Toledo and the region, said Eileen Granata, acting chief operating officer of the Regional Growth Partnership.”

Relatedly, Dennis W. Archer today has an op-ed entitled “Negative court decision a setback for Detroit, state” in The Detroit Free Press.

Posted at 09:50 by Howard Bashman

“Something’s fishy in Lake — angler admits guilt, takes deal”: The Orlando Sentinel contains this article today.

Posted at 09:43 by Howard Bashman

“Plaintiff bar gives top dollar to judges’ campaigns”: This article appears today in The St. Louis Post-Dispatch, along with a related item headlined “Who gives what.”

Posted at 09:36 by Howard Bashman

“Question 3 challenged anew; Heller says state high court biased toward lawyers, who oppose measure”: The Las Vegas Review-Journal today contains an article that begins, “The future of the Keep Our Doctors in Nevada initiative, also known as Question 3, remained uncertain Monday evening as the Nevada Trial Lawyers Association again sued for its removal from the ballot. The latest lawsuit capped a flurry of legal action that began on Saturday when the Nevada Supreme Court criticized the accuracy of the language in the ballot measure and called upon Secretary of State Dean Heller to rewrite it.”

Posted at 09:31 by Howard Bashman

“Judges embroiled in legalistic food fight”: This interesting article appeared yesterday in The Grand Rapids Press.

Posted at 09:24 by Howard Bashman

“Tobacco Suit”: Today’s broadcast of NPR‘s “Morning Edition” included this report (Real Player required). And The Associated Press reports that “Cigarette Makers and Feds Meet in Court.”

Posted at 09:20 by Howard Bashman

“Appeals court clears Bexar of bias charge”: The San Antonio Express-News today contains this article reporting on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.

Posted at 07:02 by Howard Bashman

“Pa. Supreme Court puts Nader back on ballot; But it isn’t the end of the battle; Hearings must be held on allegations that his petition campaign was marred by fraud”: This article appears today in The Philadelphia Inquirer. And The Pittsburgh Post-Gazette reports that “Nader’s ballot spot in Pennsylvania still up in air.”

Posted at 06:55 by Howard Bashman

“Commandments going up soon”: The Daily Herald of Henry County, Georgia contains this article today.

Posted at 06:49 by Howard Bashman

“Maine court to consider sentencing case”: This article appears today in The Bangor Daily News.

From Tennessee, The Associated Press reports that “Task force reviewing ways to give juries more power.” And The Jackson Sun today contains an editorial entitled “Sentencing guidelines should be repealed now.”

Posted at 06:38 by Howard Bashman

Seals and Cross: Today in The Los Angeles Times, columnist Al Martinez has an essay entitled “The troll who trod on a seal.”

Posted at 23:23 by Howard Bashman

“Bush, Kerry divided on scope of Patriot Act; President says expand, rival says reduce”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 23:14 by Howard Bashman

“Lawyers see obese U.S. ripe for fat lawsuits”: The Washington Times contains this article today.

Posted at 22:56 by Howard Bashman

“Voter Probes Raise Partisan Suspicions; Democrats, Allies See Politics Affecting Justice Department’s Anti-Fraud Efforts”: This article appears today in The Washington Post.

Posted at 22:49 by Howard Bashman

In today’s edition of The New York Times: An article reports that “Eisner’s Sickbed Musings on a Successor Find Their Way Into Court.”

In other news, “Online Columnist Quits, Citing Excessive Editing.”

And an editorial is entitled “In Defense of Civil Liberties.”

Posted at 22:37 by Howard Bashman

“Scalia: Courts Taking on Too Much Politics.” The Associated Press provides this report.

Posted at 22:32 by Howard Bashman

In Tuesday’s edition of The New York Times: An article will report that “At Country Clubs, Gay Members Want All Privileges for Partners.”

In other news, “U.S. Judge Orders Election Agency to Tighten Rules.”

And an article reports that “Colorado Election Keeps Bryant Debate Bubbling.”

Posted at 22:23 by Howard Bashman

“DOJ Lies Low as Massive Tobacco Trial Opens; Filed in 1999 by the Clinton administration, racketeering case against Philip Morris has survived partisan politics”: law.com provides this report.

Posted at 22:17 by Howard Bashman

In other news from The AP: That wire service is reporting that “Top Pa. court gives hope to Nader” and “Holden appoints Kirkwood woman to Missouri Supreme Court.”

Posted at 19:32 by Howard Bashman

“Rules on Gifts for Judges Get Overhaul”: Gina Holland of The Associated Press provides this report.

Posted at 19:21 by Howard Bashman

“Death penalty for minors: Cruel and unusual; As the Supreme Court hears arguments on using the death penalty against minors, the AMA joins the voices of science and international leaders against it.” The September 27, 2004 issue of the newspaper of the American Medical Association contains this editorial.

Posted at 17:03 by Howard Bashman

In news from Alabama: The Anniston Star today contains an article headlined “Supreme Court candidates in state breaking the bank” that begins, “Supreme Court judges are elected to make fair and impartial rulings and hear every case with an open mind. But record breaking amounts of money that are pouring into Alabama’s race this year are casting doubt on that basic duty, judicial observers say.”

Posted at 16:58 by Howard Bashman

“Norfolk man to test ‘innocence’ law”: This article appears today in The Virginian-Pilot.

Posted at 16:50 by Howard Bashman

“‘Scum story’ left a scar on Thomas”: Columnist Jim Wooten had this op-ed in The Atlanta Journal-Constitution last Tuesday.

Posted at 16:49 by Howard Bashman

“Accountants call for reform in liability laws; Big Four firms warn more major players could fall in class actions if outdated rules aren’t changed”: The Toronto Globe and Mail contains this article today.

Posted at 16:48 by Howard Bashman

“Integration still not easy at UD; After five decades, some black students still feel uncomfortable on campus”: This article appears today in The News Journal of Wilmington, Delaware.

Posted at 16:45 by Howard Bashman

“Letter about Iraq still making waves in Arizona”: The Associated Press provides this report concerning a lawsuit against The Tucson Citizen that is about to come before the Supreme Court of Arizona.

Posted at 16:41 by Howard Bashman

“Schools say they balance free speech with potential disruption”: Clothing that speaks is the subject of this article published today in The North County Times of California.

Posted at 16:39 by Howard Bashman

“Study finds ‘don’t ask’ hurts GLBT soldiers”: This article appears today in The Yale Daily News.

Posted at 16:30 by Howard Bashman

“Campaign Finance Ruling Could Affect 527s”: Today’s broadcast of NPR‘s “Day to Day” included this report (Real Player required). I have posted online here a copy of the ruling, which the U.S. District Court for the District of Columbia issued on Saturday.

Posted at 16:01 by Howard Bashman

“Md. high court rules in favor of Nader; State elections officials ordered to include name on presidential ballot”: The Associated Press provides this report.

Posted at 15:33 by Howard Bashman

In news from the U.S. Court of Appeals for the Federal Circuit: That court’s web site today includes the following notice:

The United States Court of Appeals for the Federal Circuit plans to begin posting both precedential and non-precedential opinions to the website in portable document format (PDF) on October 18, 2004. Opinions are currently posted in Microsoft Word™ format.

The Court invites your comments and questions on this planned change. Send them to the Webmaster at webmaster@cafc.uscourts.gov.

I congratulate the Federal Circuit on both changes mentioned in this announcement. Currently, non-precedential opinions are not posted online at that court’s web site. And I don’t know of anyone outside the employ of Microsoft who prefers to have court opinions posted online in Microsoft Word format.

Federal Circuit Judge William Curtis Bryson was the September 2003 interviewee in this blog’s “20 questions for the appellate judge” feature, and his interview included the following exchange:

12. The Federal Circuit is the only federal appellate court that still posts its opinions to the Internet either in Microsoft Word format or as “EXE” files that require the user to download the file and then open it on his or her computer’s hard disk before the decision in question can be viewed. Is there any hope in the near future that Federal Circuit might begin making its opinions available on its Web site either in HTML or PDF format?

I take this to be more of a suggestion than a question. I know nothing about our posting practices, or at least I knew nothing about them until you asked. I have passed along your observation about the other circuits to the people who post our opinions on the Internet and they will look into whether it is practical for us to post the opinions in another format for those who would find it more convenient. For what it is worth, I don’t think they have gotten any format-related complaints in the past, but that does not mean that we could not do better. The e-world is constantly evolving, so perhaps we can improve our website in this respect.

And in response to Question 15, Judge Bryson offered some very interesting thoughts on the subject of non-precedential opinions.

Posted at 15:18 by Howard Bashman

Persecuted “on account of” familial membership? This immigration law decision that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today is quite interesting.

Posted at 14:45 by Howard Bashman

Ralph Nader will be on the ballot in Maryland: Following oral argument at 10 a.m. today, the Court of Appeals of Maryland, that State’s highest court, has issued this per curiam order.

Previously, The Associated Press had reported that “Court to hear Nader’s appeal to get on Md. ballot; Presidential candidate challenging ruling on disputed petition signatures” and “Judge rejects bid by Nader to run for president in Md.“

Posted at 13:48 by Howard Bashman

“A trial lawyer for Vice President?” That’s the topic of this week’s installment of the “Debate Club” feature at legalaffairs.org. This week’s participants are Lawrence Lessig and William Tucker.

Posted at 11:40 by Howard Bashman

“‘How many lawyers does it take…'” This editorial appears today in The Denver Post.

Posted at 11:11 by Howard Bashman

“House GOP aims to limit courts”: This article appears today in The Washington Times.

Posted at 11:00 by Howard Bashman

“Blind man kills noisy deaf man”: Agence France-Presse provides this report. And in other coverage, the Australian Associated Press reports that “Blind man jailed for slashing deaf man’s throat.”

Posted at 10:39 by Howard Bashman

“Judge Strikes Down Campaign Finance Rules”: The Associated Press reports here that “A judge has struck down more than a dozen of the government’s current rules on political fund raising with just weeks before Election Day, concluding federal regulators improperly weakened the nation’s campaign finance law. U.S. District Judge Colleen Kollar-Kotelly ordered the Federal Election Commission to write new rules to govern key aspects of fund raising, including when candidates and outside parties can coordinate activities.”

Update: You can access a copy of Saturday’s ruling of the U.S. District Court for the District of Columbia at this link (157-page PDF document). Thanks very much to the reader who so kindly sent the opinion along via email.

Posted at 10:19 by Howard Bashman

“Budget pinch strains courts; Layoffs, clogged cases, public safety cuts feared in federal deficit fight”: The Dallas Morning News contains this article today.

Posted at 10:15 by Howard Bashman

“The power to shape a legacy in the law; Next president holds the key to top court”: This article appears today in The Star-Ledger of Newark, New Jersey.

Posted at 10:10 by Howard Bashman

“Murder sentence changes unveiled; Some murderers could serve less than 10 years in prison under guidelines unveiled by the Lord Chief Justice of England and Wales, Lord Woolf”: BBC News provides this report.

In other international criminal law news, The Toronto Globe and Mail today contains an article headlined “Canada a ‘haven’ for criminals: survey; Billions being laundered each year; lenient sentencing partly to blame, KPMG says.”

Posted at 10:04 by Howard Bashman

“Pledge, flag on agenda in Congress; Free speech showdown anticipated”: This article appears today in The Atlanta Journal-Constitution.

Relatedly, The Denver Post today contains an editorial entitled “Playing ‘gotcha’ with the flag amendment: The Supreme Court has ruled that flag-burning is protected political speech; But Senate Republicans are holding Democratic candidates’ feet to the fire on the issue.”

Posted at 10:00 by Howard Bashman

The asbestos litigation of Madison County: The St. Louis Post-Dispatch yesterday began a series entitled “Madison County: Where asbestos rules.” You can access the lead article, published yesterday, at this link. Also in yesterday’s newspaper were the following items:

• “Bono’s firm opened floodgate to asbestos lawsuits here“;

• “Huge jury awards provide incentive to settle cases“;

• “Glossary of terms involving asbestos suits“;

• “Graphic of key players in Madison County mesothelioma litigation“;

• “Graphic of asbestos suits in Madison County“; and

• “Graphic of Madison County at a glance.”

The series continues in today’s newspaper, which contains articles headlined:

• “Speedy court docket leaves justice in dust, critics say“;

• “‘Lipke rule’ is unfair to defendants, many argue“; and

• “Illinois Supreme Court has yet to weigh in on venue for asbestos suits.”

Posted at 09:44 by Howard Bashman

“How Appealing” has a sponsor: No, I haven’t entered into a twelve-step program to rid myself of an addiction to blogging. Rather, the purpose of this post is to point out that the good folks at LexisNexis will be sponsoring “How Appealing” for the next two months, and maybe longer. You mean that the opportunity to sponsor “How Appealing” exists? Apparently so.

Posted at 09:30 by Howard Bashman

“The Supreme Court and Employee Health Insurance: How the Court Is Making this Area of Law National, Not Local.” FindLaw columnist Anthony J. Sebok has this essay today.

Posted at 09:27 by Howard Bashman

“No Crusaders on the Bench: Congress must beware of judicial zealots nominated to the courts.” Dahlia Lithwick has this article (subscription required) in the current issue of The American Lawyer magazine.

Posted at 09:25 by Howard Bashman

“Gays cautious about new partners law; Some opt out, fearing legal or financial troubles”: This article appears today in The San Francisco Chronicle. And yesterday, The Denver Post contained an article headlined “Rights issue frames gay-nuptials battle.”

Posted at 09:20 by Howard Bashman

“Tobacco Case Nears Trial, Questions Remain”: Reuters provides this report.

Posted at 07:55 by Howard Bashman

“The Bench: Blacked Out.” Jeffrey Toobin has this “Talk of the Town” item in the September 27, 2004 issue of The New Yorker. The final paragraph of this blog post of mine from August 29, 2004 provides additional details.

Posted at 07:50 by Howard Bashman

“Don’t forget about Supreme Court: Presidential winner might fill three vacancies.” Rena Pederson has this op-ed today in The Dallas Morning News.

Posted at 23:55 by Howard Bashman

“Chief justice: Gov. Rick Perry’s appointment of Wallace Jefferson to preside over the Texas Supreme Court is praiseworthy and a promising development for justice.” This editorial appears today in The Houston Chronicle.

Posted at 23:52 by Howard Bashman

“Doing justice”: The Salt Lake Tribune today contains an editorial that begins, “It is hard to pinpoint the exact moment in American history when we decided that justice was too important to be left to the judges. But it was a big mistake.”

Posted at 23:50 by Howard Bashman

“Jim v. Mary, part two: Battle for the Supreme Court.” The Associated Press provides this report from Washington State.

Posted at 23:48 by Howard Bashman

“‘Don’t Amend’ is on a roll; Amendment 3 foes outdo supporters by $500,000”: The Deseret Morning News today contains an article that begins, “So far the campaign to kill a proposed state constitutional amendment to ban same-sex marriage has raised more than $535,000 — a half million more than amendment supporters have raised.”

Posted at 23:45 by Howard Bashman

In today’s edition of The Los Angeles Times: An article reports that “Washington Town Warily Welcomes an Unusual Graduate; Shelton will scrutinize the first man to finish California’s sex-offender treatment program.” And in other news, “Professor Ordered to Undergo Testing; The instructor who faked a hate crime at Claremont Colleges will be sent to a state prison for evaluation.”

In commentary, James D. Zirin has an op-ed entitled “One-Size-Fits-All Sentences in a Judicial Muddle; Rift between mandated terms and judges’ discretion awaits Supreme Court next month.” Law Professor David Cole has an op-ed entitled “The D.C. Gang That Couldn’t Shoot Straight.” And Ben Wasserstein has an op-ed entitled “Bloggers’ ‘Moment’ Doesn’t Make for a Revolution; It’s an Internet win, but far from traditional journalism’s death knell.”

Posted at 23:44 by Howard Bashman

Today in The San Francisco Chronicle: The Magazine section contains an interview headlined “Waging War on Wal-Mart: Berkeley lawyer fights for the Betty Dukeses of retail workers.”

The Opinion section, meanwhile, contains an editorial entitled “Why ‘3 strikes’ needs reform.” Columnist Debra J. Saunders has a related op-ed entitled “26,000 ‘get out of jail free’ cards.” And the “Open Forum” consists of a debate described as “Pro and con on Proposition 66”: David W. Paulson has an essay entitled “Law is working — Crime rate down“; and Joe Klaas has an essay entitled “A good idea that needs fixing.”

Posted at 23:40 by Howard Bashman

In today’s issue of The Washington Times: An article reports that “Anti-obesity group mulls swell in suits.”

And Alan Reynolds has an op-ed entitled “Martha Stewart in prison.”

Posted at 23:35 by Howard Bashman

The Washington Post is reporting: Today’s newspaper contains articles headlined:

• “U.S. Racketeering Trial Against Tobacco Industry Is Set to Start“;

• “Prosecutors Sharpen Call for Removal of Sniper Judge in Fairfax“; and

• “A Woman Apart: For Fellow Soldiers, Lynndie England’s Role At Abu Ghraib Is Best Viewed From a Distance.”

Also, columnist George F. Will has an op-ed entitled “Despotism in New London.”

Posted at 23:33 by Howard Bashman

“A Blogger’s Creed: A member of the blogging class tells why they deserve your thanks.” Andrew Sullivan has this essay in the September 27, 2004 issue of Time magazine. And a photograph of two of the contributors to the “Power Line” blog accompanies an article headlined “The Bloggers: How to knock down a story.”

Posted at 23:24 by Howard Bashman

“Election chaos? An army of lawyers stands ready to fight if the race is close.” This article appears in the September 27, 2004 issue of U.S. News & World Report.

Posted at 23:20 by Howard Bashman

In today’s edition of The New York Times: The newspaper contains articles headlined:

• “Ready or Not, Electronic Voting Goes National“;

• “35 Guantanamo Detainees Are Given to Pakistan“;

• “Suzuki Moves Ahead, Leaving a Long Suit Behind“;

• “Uncle Sam, Visionary Builder?“; and

• “Lessons From a ‘Textbook’ War Crimes Trial.”

Also, The New York Times Magazine contains an article headlined “Fern Holland’s War.”

Posted at 23:15 by Howard Bashman

“Abu Ghraib: The Hidden Story.” Mark Danner will have this book review in the October 7, 2004 issue of The New York Review of Books.

Posted at 23:08 by Howard Bashman

In Monday’s issue of The New York Times: Tomorrow’s newspaper will contain articles headlined “Tobacco Firms Face U.S. in High-Stakes Trial” and “An Enron Trial With Big Stakes for Ones Ahead.”

Posted at 23:02 by Howard Bashman

“States Defend School Funding Laws in Court”: This evening’s broadcast of NPR‘s “All Things Considered” contained this report (Real Player required).

Posted at 22:55 by Howard Bashman

“In the largest suit yet, US sues the tobacco industry; The Justice Department seeks $280 billion, but companies say they’ve already made appropriate changes”: This article will appear Monday in The Christian Science Monitor.

Posted at 20:30 by Howard Bashman

“A place where lawyers learn to raise the bar; Inns of Court program lets new attorneys learn from experienced colleagues”: This article appears today in The Newark Star-Ledger.

Posted at 16:06 by Howard Bashman

“Partisan judiciary guidelines rejected; State Supreme Court faults recommendations on speech”: The St. Paul Pioneer Press on Friday published an article that begins, “The Minnesota Supreme Court has declined to adopt recommended amendments to the state’s Code of Judicial Conduct that would allow judges to align themselves with political parties, according to an order published Thursday.” And The Minneapolis Star Tribune on Friday reported that “Court rejects overhaul of judicial campaign rules.” You can access last week’s order of the Supreme Court of Minnesota at this link.

Posted at 13:04 by Howard Bashman

“True or false: Blogs always tell it straight; Sites reflect beliefs and biases of authors.” The Chicago Tribune contains this article today.

Posted at 13:00 by Howard Bashman

In news from Ohio: The Toledo Blade today contains articles headlined “$1M war chest aids chief justice in his campaign for a 4th term” and “Retired Cleveland judge makes surprise run for top position.”

Posted at 12:45 by Howard Bashman

In news from Louisiana: The Times-Picayune reports today that “Gay marriage ban passes nearly 4-to-1.” And The Advocate of Baton Rouge reports that “Voters OK constitution ban on same-sex marriages.”

Posted at 09:33 by Howard Bashman

In news from Pennsylvania: The Tribune-Review reports that “Law allows indefinite extension of confinement.”

Posted at 09:30 by Howard Bashman

“Juries don’t need more power, judges say”: The Tennessean contains this article today.

Posted at 09:26 by Howard Bashman

“Judicial Trailblazer: Judge Garza laid to rest.” This article appears today in The Brownsville Herald. And The San Antonio Express-News reports that “Legendary judge laid to rest in Brownsville.”

Posted at 09:14 by Howard Bashman

In today’s edition of The Los Angeles Times: The newspaper contains articles headlined:

• “No Delay in Ruling on Dog Killer; Judge says he’ll sentence man who beheaded his pet before three-strikes law can be changed“;

• “Defense Grills Youth’s Mother at Jackson Hearing; The woman appeared evasive at times during questioning about an investigator who worked for the pop star’s former lawyer“;

• “More Killers Gaining Parole; Under Schwarzenegger, 48 murderers have been released in less than a year; In his five years as governor, Gray Davis freed just eight“;

• “Battered Women’s Law OKd; Schwarzenegger signs bill giving more inmates the ability to challenge their sentences using proof that they were coerced by their abusers“; and

• “Firm Sues Hollywood Lawyer.”

Also, Ramona Ripston — the spouse of a judge serving on the U.S. Court of Appeals for the Ninth Circuit — has a letter to the editor that appears under the heading “Prop. 69 Is a Threat to Privacy of Citizens.”

Posted at 23:45 by Howard Bashman

“Stewart could be a snowbird jailbird; Martha Stewart is ready for prison — and if she can’t go to Connecticut, she wants to serve her time in Florida”: The St. Petersburg Times contains this article today.

Posted at 23:44 by Howard Bashman

“Nader stays on state ballot; In what’s apparently the final word on the matter, the Florida Supreme Court ruled that Ralph Nader will remain on the state’s Nov. 2 presidential ballot”: This article appears today in The Miami Herald. The Tallahassee Democrat reports that “Nader makes the Florida presidential ballot; Ruling a setback for Kerry; Maddox won’t appeal.” The St. Petersburg Times reports that “With final bounce, Nader lands on Florida ballot; The state Supreme Court rules 6-1 in favor of the Reform Party candidate, who was on and off the ballot for two weeks.” And The South Florida Sun-Sentinel reports that “State Supreme Court puts Nader back on state ballot.”

Posted at 23:33 by Howard Bashman

“Louisiana Voters Approve Gay-Marriage Ban”: The Associated Press provides this report. Earlier, today’s edition of The Boston Globe reported that “La. voting on gay marriage ban; Opponents fear amendment plan’s scope is broad.”

Posted at 23:14 by Howard Bashman

“Gay marriage ballot challenged; Suit claims question improper, deceptive”: This article appeared Friday in The Atlanta Journal-Constitution.

Posted at 11:40 by Howard Bashman

In today’s issue of The Washington Post: An article reports that Sniper Attorneys Defend Judge’s Pr. William Trip; Court to Weigh Dismissing Fairfax Case.”

In other news, “Hot Issues Go Directly to State Voters; Gay Marriage Among Initiative Questions.”

And in news from Toronto, “Canadians Try to Keep It Clean In Fight Over Use of U.S. Landfill.”

Posted at 11:33 by Howard Bashman

The New York Times is reporting: Today’s newspaper contains articles headlined:

• “Affair and Lawsuit Stop the Career of a Promising Prosecutor“;

• “The Mother of Michael Jackson’s Accuser Faces the Singer and His Family as She Testifies“;

• “Tax Break Bringing Businesses, and Fraud, to the Virgin Islands“; and

• “A Mild Shanghai Lawyer and His Accidental Crusade.”

Posted at 11:22 by Howard Bashman

“Cuban case may clarify U.S. power to detain; The Supreme Court will weigh the fate of criminal Mariel Cubans, most held for years past their original sentences”: This article appears today in The Oregonian.

Posted at 08:50 by Howard Bashman

“Texas justice is accused of conflict; Brister says he doesn’t recall case linked to his campaign”: The Dallas Morning News contains this article today.

Posted at 08:48 by Howard Bashman

“Governor reverses court seat stand; New judge will come from Judicial Council’s list of 3 after all”: This article appears today in The Anchorage Daily News.

Posted at 08:47 by Howard Bashman

“Court backs city’s quest for gun records”: The Chicago Sun-Times today contains this article reporting on a decision that the U.S. Court of Appeals for the Seventh Circuit issued on Thursday.

Posted at 08:45 by Howard Bashman

“Judge Orders Nader Off N.M. Ballot”: This article appears today in The Albuquerque Journal.

Posted at 08:38 by Howard Bashman

“Assistant U.S. attorney tapped for federal bench”: This article appeared yesterday in The Honolulu Star-Bulletin.

Posted at 08:25 by Howard Bashman

“A bold judge’s rulings lead to demand for impeachment”: The Associated Press provides this report.

Posted at 08:22 by Howard Bashman

“They Changed Their Minds on Three Strikes; Can They Change the Voters’? Ten years ago, these men wanted to see three strikes become the law in California; Now they’re leading the fight to reform it.” This cover story will appear in this upcoming Sunday’s issue of The Los Angeles Times Magazine.

Posted at 23:45 by Howard Bashman

“Law governing alien workers survives legal challenge”: This article appeared yesterday in The Saipan Tribune.

Posted at 23:44 by Howard Bashman

In news from Guam: Saturday’s issue of The Pacific Daily News contains an article headlined “Jury selection scheduled for November in Moylan case” that begins, “The island’s first elected attorney general will face trial next month in connection with family violence charges against him.”

And in other news, “PacifiCare ruling sees reversal.”

Posted at 23:40 by Howard Bashman

In today’s issue of The Los Angeles Times: The newspaper contains articles headlined:

• “Bryant’s Initial Interview With Detectives Revealed; Laker star first denied having sex with his accuser, then admitted a consensual encounter that ended when she said ‘no,’ report shows”;

• “State High Court Backs Damages in Smoker’s Case; Decision against Philip Morris marks the first time the panel has upheld such an award“;

• “New Federal Courthouse Only a Partial Solution; Because of limited funds, the downtown building won’t be big enough to accommodate all court operations“;

• “Terror Indictments May Be Linked to Padilla; Two men allegedly aided extremists with funds and recruitment; ‘Dirty bomb’ suspect may have been a beneficiary of their support“; and

• “Suit Says TV Show Idea Was Stolen; A businessman alleges that he came up with the concept for NBC’s ‘The Apprentice.’“

In addition, an obituary is headlined “Reynaldo Garza, 89; First Latino Named a U.S. District Judge.” And letters to the editor appear under the heading “Trial Lawyers Don’t Deserve the Criticism.”

Posted at 23:33 by Howard Bashman

The Washington Post is reporting: Today’s newspaper contains articles headlined:

• “Teen Sniper’s Lawyers Miss Deadline for Filing Appeal“;

• “Judge Rebuffs Reporter in Leak Probe“;

• “2 Indicted On Charges Related to Terrorism; Financial Support Of Al Qaeda Alleged“; and

• “Skilling, Lay Cases Build on Plea Deals.”

Posted at 23:25 by Howard Bashman

In today’s edition of The New York Times: The newspaper contains articles headlined:

• “Times Reporter Ordered to Testify in Leak Case“;

• “Two Men Indicted in Fund-Raising for Terrorists“;

• “City Arrest Tactics, Used on Protesters, Face Test in Court“;

• “McCain Urges Florida Court to Allow Nader on State Ballot“; and

• “Adultery as a Criminal Offense May Still Have a Life in Turkey.”

Also, Brent Staples has an “Editorial Observer” column entitled “How Denying the Vote to Ex-Offenders Undermines Democracy.”

Posted at 23:21 by Howard Bashman

Lyle Denniston is reporting: Online at “SCOTUSblog” in recent days, he has had posts titled “Judge Jones and Roe v. Wade” and “Next for Moussaoui: trial or an appeal?“

Posted at 23:06 by Howard Bashman

“Blogger Who Faulted CBS Documents Is Conservative Activist”: The Los Angeles Times provides this news update. According to the article, which will appear in Saturday’s issue of The LATimes, the contributor known as “Buckhead” who posts to the site freerepublic.com is in fact attorney Harry W. MacDougald, “an Atlanta lawyer with strong ties to conservative Republican causes who helped draft the petition urging the Arkansas Supreme Court to disbar President Clinton after the Monica Lewinsky scandal.” You can access his profile at this link. “Buckhead” is widely credited as the first to note the issues that have spawned the matter now known as “Ra^therGate.”

Posted at 22:53 by Howard Bashman

“Florida Supreme Court Gives Nader a Spot on State Ballot”: This article will appear in Saturday’s edition of The New York Times. Saturday’s issue of The Washington Post will report that “Nader Secures Spot on Fla. Ballot; State Supreme Court Rejects Democrats’ Bid to Bar Access.” And The Miami Herald offers a news update headlined “Nader stays on the ballot, Florida Supreme Court rules.”

Posted at 22:48 by Howard Bashman

“States Clash Over Same-Sex Parental Rights; Vermont, Virginia have early jurisdictional test”: law.com provides this report.

Posted at 22:44 by Howard Bashman

“Same-sex marriage foes win right to proceed with suits; Ruling allows groups to defend state law barring gay nuptials”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 19:35 by Howard Bashman

“Fla. Supreme Court Puts Nader on Ballot”: The Associated Press provides this report. And Reuters reports that “Florida Supreme Court Puts Nader on Ballot.” You can access this evening’s ruling of the Supreme Court of Florida at this link.

Posted at 19:27 by Howard Bashman

“Lawyer’s sex toys biz is expected to bring in $45 million this year”: So writes “The Obscure Store” in linking to an article headlined “Merchants of Passion: A Bay Area company moves the dildo into the national mainstream — one housewife at a time” published in the September 15, 2004 issue of SF Weekly.

Meanwhile, in somewhat related news, The San Francisco Chronicle reported on Tuesday that “Porn shop is just daily grind for these clerks.”

Posted at 17:51 by Howard Bashman

“Florida Supreme Court Weighs Nader Ballot Bid”: Reuters provides this report.

Posted at 17:34 by Howard Bashman

“Eminent Domain Case May Go to Supreme Court”: Today’s broadcast of NPR‘s “Morning Edition” included this segment (Real Player required).

Posted at 16:55 by Howard Bashman

“Cigarette Makers and Feds Head to Court”: The Associated Press provides this preview of a trial scheduled to begin on Tuesday of next week in the U.S. District Court for the District of Columbia.

Posted at 16:46 by Howard Bashman

“Gay marriage backers to seek SJC action”: This article appears today in The Boston Globe. And in same-sex marriage-related news from Canada, The Toronto Globe and Mail reports today that “Manitoba bows to gay nuptials; Court ruling makes old definition of marriage in province unconstitutional.”

Posted at 16:00 by Howard Bashman

“Smoking in the Dark: Did the tobacco companies fool anyone? Did they fool everyone?” Jacob Sullum today has this essay online at Reason.

Posted at 15:11 by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined “Microsoft to Pay $113M to Calif. Lawyers” and “Canadian Province Legalizes Gay Marriage.”

Posted at 14:51 by Howard Bashman

“Florida court expected to rule on Nader candidacy”: The Associated Press reports here that “The Florida Supreme Court is expected to rule late Friday on whether Ralph Nader will be on the state’s November ballot as the Reform Party’s presidential candidate.” That court heard oral argument in the matter just this morning, and you can view a videotape of the oral argument online via this link (Real Player required). The briefs and other documents filed in the case can be accessed here. In the words of a “How Appealing” reader who emailed the video link, “In a sign of how seriously the Dems are going after Nader, they had Laurence Tribe argue this case today.”

Posted at 14:06 by Howard Bashman

Ten Commandments news: On Wednesday, the en banc U.S. Court of Appeals for the Eighth Circuit heard oral argument in a Ten Commandments case. You can listen to an audiotape of the en banc oral argument in ACLU NE Foundation v. City of Plattsmouth by clicking here (Real Player required). Following the argument, The Associated Press reported that “Court hears arguments in Ten Commandments case.” And The American Center for Law and Justice issued a press release entitled “ACLJ Asks Appeals Court to Protect the Display of Ten Commandments in Plattsmouth, Nebraska.”

Elsewhere, The Salt Lake Tribune reported yesterday that “Ten Commandments monument battle goes before the judge.” The Mansfield (Ohio) News Journal reported yesterday that “DeWeese wants Commandments back in his courtroom frame.” The Washington Daily News of North Carolina reported Wednesday that “Commissioners pass on Ten Commandments resolution.” And The Birmingham News reported Tuesday that “Moore urges limiting federal judges’ power.”

Posted at 13:05 by Howard Bashman

“Judge faces recall effort; Rape victim’s mother mobilizes against Martin”: The Lawrence (Kan.) Journal-World contains an article that begins, “The mother of a 13-year-old rape victim is helping organize a campaign to vote off the bench the judge who granted a lightened sentence for three men convicted in the assault.”

Posted at 09:31 by Howard Bashman

Seals and Cross no more? On Wednesday, The Los Angeles Times reported that “Officials Vote to Replace County Seal; Supervisors decide 3-2 to remove a cross and make other changes; But the debate continues,” while The Los Angeles Daily News reported that “Board OKs new county seal 3-2 in face of opposition.” Today, however, The Daily News is reporting that “Officials delay seal substitution.”

Posted at 09:28 by Howard Bashman

“Harvard Law prof admits to plagiarism”: This article appeared Tuesday in The Yale Daily News. And Lawrence R. Velvel, Dean of the Massachusetts School of Law, has two interesting posts about this matter (access them here and here) online at his blog “Velvel on National Affairs.”

Posted at 09:18 by Howard Bashman

“Are the U.S. Sentencing Guidelines Judicial or Legislative? And Will the Answer Determine Whether They Survive Supreme Court Review?” FindLaw columnist Vikram David Amar has this essay today.

Posted at 08:59 by Howard Bashman

“Tongue stud’s impact on breath test argued; State Supreme Court considers whether mouth jewelry affected the examination in woman’s 2001 DUI case”: This article appears today in The Indianapolis Star.

Posted at 08:56 by Howard Bashman

Colorado newspaper publishes transcript of interview conducted by sheriff’s investigators who questioned Kobe Bryant the night after a woman said he had raped her: You can access the lengthy interview transcript, published online yesterday by The Vail Daily News, at this link.

Today, that newspaper has published articles headlined “Bryant cooperative, inconsistent when questioned” and “Investigate, punish leak, Bryant’s attorneys ask.”

Posted at 23:50 by Howard Bashman

“High court seats first Hispanic”: This article appeared yesterday in The Newark Star-Ledger.

Posted at 23:45 by Howard Bashman

The Los Angeles Times is reporting: The newspaper today contains a report from San Diego headlined “Lawsuit Pits Gay Rights, Free Speech; A student whose high school forbade his wearing a T-shirt that said God condemns homosexuality takes district to court.”

In other news, “Business Owners Rally Around Initiative to Limit Lawsuits; Proposition 64, aimed at ‘shakedowns,’ would weaken the Unfair Competition Law.”

And an article reports that “Stewart Asks to Start Prison Sentence; She says she wants to put this behind her so she can move on with her life and career.”

Posted at 23:40 by Howard Bashman

“Special-election lawsuit dismissed; Gov. McGreevey has not yet created a vacancy, a U.S. judge ruled; Two lawyers will try again”: This article appears today in The Philadelphia Inquirer. And The Newark Star-Ledger today contains an article headlined “Federal judge refuses to order a Nov. 2 election for governor; 2 lawyers’ futile claim: McGreevey cheating electorate.”

Posted at 23:30 by Howard Bashman

In today’s issue of The Washington Post: An article reports that “Stewart Asks Judge to Let Her Begin 5-Month Sentence.”

In other news, “Post Source Reveals Identity to Leak Probers.”

And a profile is headlined “A Lifetime of Faith in the Law; At 93, Senior Judge William Bryant Still Wins Plaudits for Dedication to Justice.”

Posted at 23:22 by Howard Bashman

Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined “Activists recount pepper-spray agony; Logging protesters testify about 1997 sit-ins at 3 sites” and “Tobacco giant loses in state high court.”

And on Tuesday, Egelko was the author of an obituary headlined “Aaron Director — profoundly influential law professor.”

Posted at 23:20 by Howard Bashman

In today’s edition of The New York Times: The newspaper contains articles headlined:

• “Martha Stewart Asks to Begin Sentence as Soon as Possible“;

• “Judge Orders U.S. to Release Files on Abu Ghraib“;

• “Judge Dismisses Case Seeking a Vote to Replace McGreevey“; and

• “A Visa Case With a Twist: 9/11.”

In addition, today’s newspaper contains an obituary headlined “Aaron Director, Economist, Dies at 102.”

Posted at 23:04 by Howard Bashman

Available online from law.com: Now accessible are articles headlined:

• “Federal Circuit Overturns Adverse Inference Rule in Patent Cases“;

• “6th Circuit Rejects Ohio’s Use of Tax Credit; Dozens of states that lure businesses with tax credits could be affected“;

• “Calif. Court Sees Good Reason for Law to Favor Gay Pairings; Ruling comes in case involving unmarried couples’ ability to file wrongful-death suits“;

• “New Tort Encounters Turbulence; Airline lawyers hope rulings will ground suits over deep vein thrombosis“;

• “Government Implicates Padilla as Terror Conspirator“; and

• “3rd Circuit Adopts ‘Sphere of Control’ Test; Federal court OKs standard in premises liability case.”

Posted at 22:40 by Howard Bashman

“Court Declines Woman’s Suit Against Stillwater Police; Woman Claims Police Denied Due Process During Rape Investigation”: The Associated Press reported here yesterday that “A Denver appeals court declined Tuesday to reinstate a lawsuit against the Stillwater Police Department by a woman who alleged she was raped by four ex-Oklahoma State University football players.” You can access Tuesday’s ruling, written by Circuit Judge Michael W. McConnell on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, at this link.

Posted at 22:30 by Howard Bashman

“Seabright nominated as U.S. judge”: The Honolulu Advertiser today contains an article that begins, “Assistant U.S. Attorney Michael Seabright was nominated by President Bush yesterday as the fourth U.S. District judge in Hawai’i, to fill a position left vacant for more than 4 1/2 years.”

Posted at 21:45 by Howard Bashman

U.S. Court of Appeals for the Eleventh Circuit holds that Title II of the Americans with Disabilities Act does not abrogate Eleventh Amendment immunity for damages arising from discrimination against the disabled in prison: You can view the decision, which issued on Tuesday, at this link. The opinion examines in detail the U.S. Supreme Court‘s recent ruling in Tennessee v. Lane, which reached the opposite conclusion with respect to discrimination against the disabled affecting access to court.

Posted at 16:12 by Howard Bashman

“A confirmation to bench unlikely; BYU counsel’s prospects fade as time dwindles”: Yesterday’s edition of The Deseret Morning News contained an article that begins, “With only three weeks until expected adjournment, the prospects that Thomas Griffiths, the Brigham Young University general counsel, will be confirmed by the U.S. Senate as a federal appeals court judge are fading fast.”

Posted at 15:54 by Howard Bashman

Anthrax scare at U.S. Court of Appeals for the D.C. Circuit: A reader emails that “Today three judges received phony anthrax letters at the Federal Courthouse for the Court of Appeals for the DC Circuit. They were sent to Ginsburg, Sentelle, & Tatel.”

Posted at 15:48 by Howard Bashman

“Case of Missing Ex-Wife Remanded for 2nd Trial”: The Washington Post yesterday contained an article that begins:

A federal appeals court yesterday granted a new trial for former naval intelligence officer Jay E. Lentz on charges of kidnapping and killing his ex-wife, ruling that the jury that convicted him had seen evidence that never was admitted in the case.

In a broad decision that resolved several issues in the increasingly complicated case, the U.S. Court of Appeals for the 4th Circuit also threw out the trial judge’s finding that the lead prosecutor, Assistant U.S. Attorney Steven D. Mellin, had deliberately placed the evidence in the jury room. The court said the judge made “a rather broad leap” based on a lack of evidence and “clearly erroneous” logic.

The appeals court also took the rare step of removing the judge, U.S. District Judge Gerald Bruce Lee in Alexandria, from the case, ruling that his criticism of Mellin and other prosecutors would require a new judge for the retrial. Lee had accused Mellin of recklessly planting the evidence, which included Doris Lentz’s notes about threatening phone calls Lentz allegedly had made to her.

The ruling, for now, settles the swirl of highly personal and unusual allegations involving a federal judge, a career prosecutor and a sitting U.S. attorney. The evidence battle, in which prosecutors accused Lee of bias and Mellin at one point suggested that defense lawyers may have tried to frame him, had come to overshadow Doris Lentz’s death.

In other coverage, The Richmond Times-Dispatch reported yesterday that “Lentz acquittal is overturned; new trial ordered.” You can access Tuesday’s ruling by a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 14:45 by Howard Bashman

Have laptop computer, will travel: In retrospect, perhaps I should have provided more advance notice of my work-related trip earlier this week to Lancaster, South Carolina, because once I was in transit a number of South Carolina-based fans of the blog emailed to ask whether I was available for dinner. As it turned out, the amount of work I had to do and my distance from South Carolina’s major cities (where those readers were based) prevented me from visiting with any readers.

Next week, I’m scheduled to make a two-day work-related visit to beautiful New Bern, North Carolina, another place where few “How Appealing” readers are likely to be found. Then, the week after that, I’ll be in St. Louis visiting with the Eighth Circuit‘s judges. Finally, in mid-October, I’m scheduled to pay my second work-related visit in several years to Kansas City.

Posted at 14:15 by Howard Bashman

Seventh Circuit rules that jail’s policy of directing incoming inmates to use a delousing shampoo doesn’t violate their Fourteenth Amendment due process right to be free from unwanted medical treatment: You can access today’s ruling, by a unanimous three-judge panel, at this link.

Posted at 13:33 by Howard Bashman

Maryland’s highest court expedites hearing on Nader ballot access case: You can view at this link the order that the Court of Appeals of Maryland issued today.

Posted at 11:52 by Howard Bashman

“Drunk juror? No problem.” The New York Daily News contains this article today. In other coverage, The New York Times offers an article headlined “Retiree Found Guilty, Juror Found Tipsy, and Verdict Stands.” New York Newsday reports that “Juror’s vodka no influence.” And Reuters offers a report headlined “Jury Duty? I’ll Drink to That!“

Posted at 10:36 by Howard Bashman

“Judicial candidates free to reveal their politics; Restrictions ruled unconstitutional”: The Cleveland Plain Dealer contained this article yesterday. The Toledo Blade yesterday published an article headlined “Judge’s ruling favors high court candidate; Complaint against O’Neill is blocked” that begins, “A federal judge ruled yesterday that a Democratic candidate for Ohio Supreme Court is probably right when he maintains that state court rules governing judicial campaigns violate his constitutional right to free speech.” And The Canton Repository today contains an editorial entitled “Judges come from somewhere.”

I have posted online at this link the preliminary injunction that U.S. District Judge Ann Aldrich of the Northern District of Ohio issued Tuesday.

Posted at 10:10 by Howard Bashman

“Couple’s life goes on as court considers same-sex marriage”: This article appears today in The Indianapolis Star.

Posted at 09:59 by Howard Bashman

“Oh, The Humanity!” Denise Howell notes the news from her home state that “Train hits truck hauling vintage Porsches.” Those desiring to increase their misery by gawking at the photos of the aptly named “Porsche Disaster” can do so here, here, here, and here.

Posted at 08:18 by Howard Bashman

“‘Enemy combatant’ release likely soon”: CNN.com provides this report about Yaser Esam Hamdi.

Posted at 08:12 by Howard Bashman

“The Judicial Opinion Denying a Request by ‘Jane Roe’ to Reopen Roe v. Wade: A Key Opportunity to Look Back on Abortion’s Legal History.” FindLaw columnist Edward Lazarus today has this essay.

Posted at 08:05 by Howard Bashman

“Students keep prayer in schools”: The Greenville (S.C.) News contains this article today.

Posted at 08:02 by Howard Bashman

When good hugs go bad: In news from Washington State, The Seattle Post-Intelligencer reports today that “Attorney testifies it wasn’t sex with client.” The Seattle Times, meanwhile, today contains an article headlined “Lawyer’s colleagues describe her as committed advocate for clients” and an essay by columnist Nicole Brodeur entitled “The real question for Olson.”

Yesterday, The Seattle Times reported that “Lawyer accused of having sex with client testifies on ‘hug gone bad’” while The P-I reported that “Former public defender gives tearful testimony.”

And on Tuesday, The Seattle Times reported that “Two guards testify they saw Olson, client having sex” while The P-I reported that “Ex-public defender denies jailhouse sex with client.”

Posted at 07:55 by Howard Bashman

“Name Games: The folly in the attempts to define ‘African-American.'” Slate this morning has posted online this jurisprudence essay by Law Professor Richard Thompson Ford.

Posted at 07:51 by Howard Bashman

Second Justice Sandra Day O’Connor bobblehead doll auctioned on eBay in recent days sells for $285.00: The SOC doll whose auction concluded last Saturday sold for $300.00. But the price at the auction that just concluded is nothing to scoff at, given that no one was willing to bid $200.00 for an SOC bobblehead when “some poor schmuck” tried to auction one while I was on vacation late last month.

Posted at 01:00 by Howard Bashman

“Slate’s Jurisprudence: November Election and Fed Courts.” Tuesday’s broadcast of NPR‘s “Day to Day” included this segment featuring Dahlia Lithwick (Real Player required).

Posted at 00:14 by Howard Bashman

“Courts may be stripped on pledge”: This article appears today in The Hill.

Posted at 00:10 by Howard Bashman

“On Death Row, a Battle Over the Fatal Cocktail”: Adam Liptak will have this article in Thursday’s edition of The New York Times.

Posted at 23:58 by Howard Bashman

“Black judge makes history as first to lead Texas’ highest court; New chief justice sees himself as a role model for many in the state”: This article appears today in The Houston Chronicle. And the Supreme Court of Texas issued this news advisory yesterday concerning the announcement.

Posted at 23:35 by Howard Bashman

Back home: This evening’s lack of posts was not due to any antipathy toward Lancaster, South Carolina’s finest internet cafe. Rather, the work that required my presence in that small town happened to conclude a day early, in part due to Hurricane Ivan’s likely disruption of air travel out of Charlotte, North Carolina later tomorrow.

As a result, I can live-blog from the comfort of my own home the end of the eBay auction of a Justice Sandra Day O’Connor bobblehead doll, which is due to wrap-up less than two hours from now at 1 a.m. eastern time Thursday. You can view the eBay listing and even offer your own bid via this link. The current bid is $265.00. Last Saturday, of course, the identical item sold on eBay for $300.00. If last Saturday’s auction was any indication, the real serious bidding will occur in the last ten minutes of the contest.

Finally, thanks so very, very much to all the readers who accepted my request, while I was traveling out-of-town on business, to email links to court rulings and news stories of interest. I will try my best to post more of those items tomorrow.

Posted at 23:08 by Howard Bashman

“Judge Garza dead at 89; Nation’s first Mexican-American district judge dies of pneumonia”: This article appears today in The Brownsville (Tex.) Herald. The article begins, “U.S. Circuit Judge Reynaldo G. Garza, the nation’s first Mexican-American district judge, died Tuesday at a Brownsville hospital. He was 89.”

Posted at 08:19 by Howard Bashman

“Bid to reopen Roe case fails; But one judge on panel blasts landmark 1973 abortion ruling”: This article appears today in The Houston Chronicle. The Dallas Morning News reports that “Federal court rejects Roe vs. Wade appeal.” The Austin American-Statesman reports that “Judges deny bid to reopen Roe v. Wade; Woman who sparked landmark abortion ruling wants it overturned.” And The Advocate of Baton Rouge, Louisiana reports that “5th Circuit denies abortion appeal; Original plaintiff asks panel to reverse Roe v. Wade.” My earlier coverage of yesterday’s ruling can be accessed here.

Posted at 08:14 by Howard Bashman

The New York Times is reporting: In today’s newspaper, Adam Liptak reports that “Fewer Death Sentences Being Imposed in U.S.”

In other news, “Bill to Require Sanctions on Lawyers Passes House.”

And in international news, “Adultery a Crime? The Turks Think Again and Say No.”

Posted at 08:05 by Howard Bashman

“Case is dropped against officer at Guantanamo; Nonjudicial punishment used”: This article appeared yesterday in The New York Sun.

Posted at 07:56 by Howard Bashman

“Chief Justice Seeks Early Budget Relief from Congress”: The Administrative Office of the U.S. Courts issued this press release yesterday.

Posted at 07:54 by Howard Bashman

In today’s edition of USA Today: An article reports that “More courts tackle Ten Commandments; Municipalities find creative ways to maintain markers.”

And in other news, an article headlined “U.S. tribunal could lose members” begins, “President Bush’s attempt to create a separate criminal justice system for foreign terrorism suspects may have hit a significant snag that could result in the replacement of more than half of the first U.S. military tribunal convened since World War II.”

Posted at 07:46 by Howard Bashman

U.S. Court of Appeals for the Fifth Circuit declares Ivan terrible: Hurricane Ivan has caused the Fifth Circuit’s Clerk’s Office, located in New Orleans, to remain closed at least through Thursday. An announcement found here states that the Clerk’s Office may reopen this Friday. More details on Hurricane Ivan can be found here at the web site of The Times-Picayune.

Posted at 18:14 by Howard Bashman

“Court: U.S. Must Make ID Argument Publicly.” The AP provides this report on an order that the U.S. Court of Appeals for the Ninth Circuit issued last Friday. And today, FindLaw columnist Julie Hilden today has an essay entitled “Should The Government’s Request to Close Court Proceedings Relating to Airline Anti-Terror List Criteria Be Granted? An Argument for a More Moderate Solution.”

Posted at 18:07 by Howard Bashman

“Government Concedes Scalia Erasure Wrong”: The Associated Press provides this report. And The Hattiesburg American reports today that “Marshals admit mistake; Service: Agent shouldn’t have taken recordings.”

Posted at 18:03 by Howard Bashman

U.S. Court of Appeals for the District of Columbia Circuit refuses to order the recusal of U.S. District Judge Royce Lamberth from the Indian Trust litigation known as Cobell v. Norton: You can access today’s unanimous ruling by a three-judge panel at this link.

Posted at 17:57 by Howard Bashman

With approximately one day and seven hours left to go, a Justice Sandra Day O’Connor bobblehead doll being auctioned on eBay has a bid price of $265.00: I may be in Lancaster, South Carolina blogging from a coffee shop with a blazing fast internet connection, but that won’t stop me from providing an update on the auction of an SOC bobblehead currently underway at eBay. You can view the eBay listing and even offer your own bid via this link. Last Saturday, of course, one of these sold on eBay for $300.00.

Posted at 17:50 by Howard Bashman

U.S. Court of Appeals for the Fifth Circuit declines to overrule Roe v. Wade in appeal brought by Norma McCorvey, formerly known as “Jane Roe”: You can access today’s unanimous ruling of a three-judge panel at this link.

Circuit Judge Edith H. Jones wrote the opinion of the court and also added a concurring opinion that concluded:

Hard and social science will of course progress even though the Supreme Court averts its eyes. It takes no expert prognosticator to know that research on women’s mental and physical health following abortion will yield an eventual medical consensus, and neonatal science will push the frontiers of fetal “viability” ever closer to the date of conception. One may fervently hope that the Court will someday acknowledge such developments and re-evaluate Roe and Casey accordingly. That the Court’s constitutional decisionmaking leaves our nation in a position of willful blindness to evolving knowledge should trouble any dispassionate observer not only about the abortion decisions, but about a number of other areas in which the Court unhesitatingly steps into the realm of social policy under the guise of constitutional adjudication.

Judge Jones has previously been viewed as a contender for a U.S. Supreme Court nomination.

Posted at 17:34 by Howard Bashman

Programming note: My day job requires my presence in South Carolina for the next few days. I’ll be bringing along my laptop computer, so it’s possible (if the place where I’m staying truly offers internet access, as it supposedly does) that I will be able to provide new posts at night and before heading out in the morning. Readers are invited to send me emails (a process you can initiate by clicking here) to keep me informed of notable rulings and news coverage. And I promise to scour the local newspaper for any articles of interest to my readership.

Posted at 22:15 by Howard Bashman

When will sanity return to the bobblehead bidding wars? Never, if I have my way. But seriously, the price being bid on eBay for a Justice Sandra Day O’Connor bobblehead doll today increased from $132.50 at 7 a.m. to the current high bid of $247.50. The SOC bobblehead auctioned at eBay this past Saturday morning for $300.00 didn’t receive bids this high this early in its auction.

The current auction is due to conclude at 1 a.m. eastern time this Thursday morning. You can view the item and even offer your own bid via this link.

Posted at 22:10 by Howard Bashman

Available online from law.com: An article reports that “Fight Over Judicial Nominations Heats Up; As election nears, Republicans expected to push for a vote.”

In news from California, “Judge Slashes Fees in Microsoft Class Action.”

And Shannon P. Duffy has an article headlined “3rd Circuit: Stricter Standard Needed in ERISA Case; Expanding scope of ‘Pinto’ decision, court rules evidence of procedural bias requires moderately higher scrutiny.”

Posted at 22:06 by Howard Bashman

A first-hand report from the Eighth Circuit’s Appellate Practice Institute, which is taking place today and tomorrow in St. Louis: Tonight, a reader emails:

I spent the afternoon (and will spend tomorrow morning) at the Eighth Circuit Practice Institute in St. Louis. This afternoon’s session included a panel Q&A with Judges Wollman, Bowman, and Hansen. Judges Hansen and Wollman both referred repeatedly to How Appealing. In responding to questions about briefwriting and oral argument, one quoted from the twenty questions with Chief Justice Abrahamson and the other quoted repeatedly from the twenty questions with Judge Easterbrook. It was apparent that they both are very regular readers.

Since I know you’re speaking here later in the month at the electronic filing conference, you may also find it of interest that, when asked about electronic briefs, Judge Hansen said that if the day ever arrived when he had to read briefs on a computer screen, he would retire. Judge Bowman said, “Ditto.” Judge Wollman then said that he would not know what to do with a hypertext brief, and Judge Hansen said that he knew Judge Wollman was exaggerating because he knew that when Judge Wollman reads How Appealing, he knows how to click on the “blue” text to go look at something that interests him. It got a big laugh.

Thanks much to the reader who kindly took the time to send this along. I am certainly looking forward to my visit with the Eighth Circuit’s judges later this month.

Posted at 21:27 by Howard Bashman

En banc U.S. Court of Appeals for the Federal Circuit holds, on a claim of willful infringement, that it is no longer appropriate to draw an adverse inference that an opinion of counsel was or would have been unfavorable from an alleged infringer’s failure to produce an exculpatory opinion of counsel: Today the Federal Circuit issued its en banc ruling in the Knorr-Bremse case. For those who are likely to find this of interest, I need say no more. After the en banc Federal Circuit heard oral argument in the case, the “Patently Obvious” blog had a post titled “Willful Patent Infringement: en banc appeal.”

Posted at 21:11 by Howard Bashman

“Court approves first same-sex divorce in Canada”: Canadian Press provides this report.

Posted at 21:01 by Howard Bashman

“Ex-Alabama justice pushes judicial plan; Congress in no rush”: The Associated Press provides this report.

Posted at 20:56 by Howard Bashman

“Miranda sues Ashcroft; Former GOP aide strikes back over memogate scandal”: This article will appear in Tuesday’s issue of The Hill.

Posted at 20:55 by Howard Bashman

Don’t overlook today’s “20 questions for the appellate judge” interview featuring Chief Justice Shirley S. Abrahamson of the Supreme Court of Wisconsin: I usually publish this feature on the first Monday of each month, but because the first Monday of this month was a state and federal holiday, the interview was instead published today. You can access the interview online here and here. Both “WisBlawg” and Law Professor Ann Althouse have kindly noted the interview.

Posted at 19:27 by Howard Bashman

“Moussaoui case sent back to trial court”: CNN.com provides this report. And The Washington Post offers a news update headlined “Court Rejects Moussaoui Bid; Appeal Would Have Made Him Ineligible for the Death Penalty.”

Posted at 19:07 by Howard Bashman

“Moussaoui Allowed to Question Detainees”: The Associated Press provides this report.

Posted at 17:27 by Howard Bashman

BREAKING NEWS — U.S. Court of Appeals for the Fourth Circuit decides latest appeal in the Zacarias Moussaoui case: You can access today’s ruling, by a three-judge panel, at this link. Even those with a very quick internet connection will find that the opinion takes quite some time to download, because it is a scanned 90-page PDF file featuring plenty of redactions. Each of the three judges on the panel has written separately to some extent. As best as I can tell at first glance, Moussaoui has won on some of the issues, and the federal government has won on some of the issues.

Posted at 14:45 by Howard Bashman

“Debate Club”: legalaffairs.org today has launched its “Debate Club” feature, which this week focuses on the question “How should the U.S. try suspected terrorists?” Click here to view the discussion as David B. Rivkin and Lee A. Casey debate Jenny Martinez.

Posted at 12:17 by Howard Bashman

“Don’t have a cow, man!“ A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit today issued this ruling addressing claims of unfair competition and trademark infringement brought by the computer manufacturer Gateway, Inc. against the seller of computer-related stuffed animals.

Posted at 12:10 by Howard Bashman

“Bloggers Find Clicks Don’t Mean Cash”: The Associated Press provides this report.

Posted at 11:08 by Howard Bashman

“Poll position: Is the Justice Department poised to stop voter fraud–or to keep voters from voting?” Jeffrey Toobin has this article in the September 20, 2004 issue of The New Yorker.

Posted at 09:42 by Howard Bashman

“The Military’s Mess At Guantanamo And How To Fix It”: Stuart Taylor Jr. has this essay in today’s issue of National Journal.

Posted at 09:41 by Howard Bashman

“GOP Cools to Judicial Gambit”: Roll Call today contains an article that begins, “Still short of the votes needed to change Senate rules, Republicans said they are likely to hold off on a unilateral attempt to end the Democratic blockade of judicial nominations until next spring at the earliest.” The remainder of the article requires a subscription to access.

Posted at 09:39 by Howard Bashman

“Schwarzenegger Is Fair Game; He’s a pol now, and bobblehead dolls are part of the territory”: Susan Seager has this op-ed today in The Los Angeles Times.

And speaking of bobblehead dolls, a Justice Sandra Day O’Connor bobblehead doll sold at auction on eBay this weekend for $300.00. The many disappointed bidders on that item will be pleased to learn that another eBay auction of an SOC bobblehead is already underway, and the bid price is now just $132.50. This second auction is due to conclude very early Thursday morning eastern time.

Posted at 07:04 by Howard Bashman

“Millions keep pouring in for justices”: This article appears today in The Cleveland Plain Dealer.

Posted at 07:03 by Howard Bashman

“U.S. Supreme Court sentencing decision could affect local cases”: The North County Times of California contains this article today.

Posted at 07:00 by Howard Bashman

“Suicide law gives advocates hope; Oregon’s unique rule could have an effect in other states”: This article appears today in The Salem Statesman Journal.

Posted at 06:59 by Howard Bashman

In same-sex marriage-related news from Louisiana: The Times-Picayune reports today that “Vote won’t end gay marriage debate; Amendment may face legal challenges.”

Posted at 06:58 by Howard Bashman

“A Trial Lawyer on Ticket Has Corporate U.S. Seeing Red; With Edwards as their lightning rod, business interests see Nov. 2 as critical to ‘legal reform'”: David G. Savage has this article today in The Los Angeles Times.

Posted at 06:57 by Howard Bashman

“Ogletree To Face Discipline for Book Error”: This article appears today in The Harvard Crimson.

Posted at 06:54 by Howard Bashman

Seals and Cross: The San Diego Union-Tribune today contains an article headlined “County may cross off cross from official seal.” And The Los Angeles Times today reports that “Oilmen Upset About New County Seal; Planned removal of derricks symbolizing vast oil fields does not sit well in Signal Hill.” You can view the proposed new Seal of the County of Los Angeles via this link.

Posted at 06:52 by Howard Bashman

“Too-tough penalty gets state’s ‘indecent solicitation’ law tossed out”: The Chicago Sun-Times contains this article today.

Posted at 06:50 by Howard Bashman

“Pepperdine Law School Adds Some Starr Power; As the new dean, the man who headed the Whitewater investigation brings his skills to the Malibu institution”: This article appears today in The Los Angeles Times.

Posted at 06:32 by Howard Bashman

20 Questions for Chief Justice Shirley S. Abrahamson of the Supreme Court of Wisconsin: “How Appealing” is very pleased that Chief Justice Shirley S. Abrahamson of the Supreme Court of Wisconsin has agreed to participate in this web log’s monthly feature, “20 Questions for the Appellate Judge.”

Chief Justice Abrahamson was born in New York City on December 17, 1933. She received her bachelor’s degree from NYU in 1953, her law degree from Indiana University Law School in 1956, and a doctorate of law in American legal history in 1962 from the University of Wisconsin Law School. She is the recipient of fourteen honorary Doctor of Laws degrees and the Distinguished Alumni Award of the University of Wisconsin — Madison. She is an elected fellow of the Wisconsin Academy of Arts and Sciences, the American Academy of Arts and Sciences and the American Philosophical Society.

Following law school, Abrahamson worked at Columbia University Law School and then in Madison, Wisconsin in the private practice of law for fourteen years and was a tenured professor at the University of Wisconsin Law School.

In 1976, Abrahamson was appointed to the Supreme Court by Wisconsin Governor Patrick Lucey and became the first woman to serve on that court. Wisconsin voters elected her to a ten-year term on the court in 1979. She won reelection in 1989 and became the court’s first female Chief Justice in 1996. She again won reelection in 1999 and, from 2003 until recently, presided over a court on which females constituted a majority.

Chief Justice Abrahamson currently serves as President of the National Conference of Chief Justices, as chair of the board of directors of the National Center for State Courts, and as a member of the board of directors of the New York University School of Law Institute of Judicial Administration and the Council of the American Law Institute. She was chair of the National Institute of Justice, National Commission on the Future of DNA Evidence and has also served on the State Bar of Wisconsin’s Commission on the Delivery of Legal Services and American Bar Association’s Coalition for Justice.

Chief Justice Abrahamson’s chambers are located in Madison, which is also where the Supreme Court of Wisconsin sits in the State Capitol.

Questions appear below in italics, and Chief Justice Abrahamson’s responses follow in plain text.

1. As the first female to serve on the Supreme Court of Wisconsin, and as that State’s first female Chief Justice, you are a historic figure. It has been recently reported that Wisconsin’s Governor has decided to appoint the first African-American to the court. In your view, do the press and public focus too much on the breaking of these gender and racial barriers, or is the attention merited and useful? Do you think that a jurist’s gender or race makes a difference in how cases or decided or in how the justice system is perceived? And does it surprise you, for example, when the press reports that your court divided along gender lines in reaching a decision, as happened in 2001 in an article headlined “High court limits dad’s procreation; Justices split on gender lines in child support case“?

“Firsts” that break records or break barriers are events to celebrate. It’s newsworthy that I was the first female justice in the 128-year history of the Wisconsin Supreme Court, especially in light of the fact that the Court declared in 1875 that women lawyers could not even practice before the Court. Justice Louis B. Butler, just appointed to the court by Governor James Doyle, is the court’s first person of color. There is bound to be public interest in and media attention to these firsts.

The composition of the judiciary and court staff affects the public’s perception of the institution. People are more comfortable with and are more trusting of an institution that reflects the rich diversity of our population. Ultimately, however, it is the ability of the judges and the quality of their judgments that are most important. Fortunately, society is recognizing that good lawyers, good judges, and good people need not all look alike.

As far as I know, the article you cite noting the gender split in State v. Oakley, 2001 WI 103, 248 Wis. 2d 654, 635 N.W.2d 760, was the first article of its kind with respect to our court. It was surprising that the gender split in that case was emphasized. Divisions of the court on gender lines are not usual but have occurred occasionally probably before and after Oakley.

2. In April 1999, you won reelection to the court by a decisive margin in a contest that an editorial published in The Milwaukee Journal Sentinel characterized as “the Supreme Court campaign from hell; the political equivalent of death by 1,000 cuts; a black hole of intrigue and stealth, sucking whatever good is left in politics into the mire of negative campaigning.” Four of your colleagues on the court on which you served as Chief Justice publicly endorsed your opponent, and an article published after the election was headlined “High-court race brings reform cries.” To the surprise of some, two years later you spoke publicly about your continued support for judicial elections, and that speech was published as a law review article. Let’s say, hypothetically speaking, that a 51st State is created and you are put in charge of deciding the method for selecting that State’s appellate judges. What method would you select, and why? In your view, is it appropriate for sitting justices to announce a position on whether their colleagues should be elected or defeated at the polls, have you announced your views in that regard with respect to your colleagues’ candidacies, and why or why not? And finally, was it necessary for the Court to use a mediator to overcome the “deep-seated disputes” that arose during your most recent campaign for reelection?

The method for selecting federal judges was debated at the founding of our country. The method for selecting Wisconsin state judges was vigorously debated in the Wisconsin constitutional conventions. Each state has adopted its own method for selecting judges, and the search continues for the “best” method. Wisconsin has always elected its judges. It probably always will because of the state’s deep populist and progressive traditions. We’re comfortable with this system, even though, like all others, it has flaws.

Scholars, lawyers and bar associations have been nearly unanimous in condemning judicial elections; they support the federal system of appointment and “life tenure.” But the federal system isn’t without its own warts. Judge Reinhardt graphically described some of the worst aspects of federal appointments in his 20 Questions interview on How Appealing.

There is no perfect system for selecting judges. No system guarantees the best qualified judges, even if we were to agree on what “best qualified” means. Each selection method has its strengths and weaknesses, and states have evaluated the pluses and minuses of each selection system differently. Nevertheless, over 80% of state trial and appellate judges in this country stand for election of some type.

The method for selecting judges in a particular state–and in your hypothetical new 51st state–necessarily reflects the legal and political culture of the state, as well as its geographical size, population, and media markets. If the 51st state were similar to Wisconsin, I would favor non-partisan judicial elections with “long terms” for the judges. I have reread my NYU article, and I continue (perhaps not surprisingly) to be persuaded by my reasoning. I favor elections because I favor transparent government. Too much of what goes on in the appointment and confirmation process is kept behind closed doors; the public does not have an opportunity for meaningful participation in the process. Ideally, the elective system can also be an educational experience for both the judges and the electorate.

I do not subscribe to the view that elected judges are more (or less) likely than appointed judges to tailor a decision to the wishes of the legislature, the executive, or popular opinion. Experience demonstrates that appointed judges, even those with life tenure, are not free from outside pressures, whether in the selection process or thereafter. Indeed in recent years some life-tenured federal judges have asserted that their independence is being threatened.

No constitutional or statutory safeguards can guarantee judicial independence. The qualities most needed in judges are courage and personal integrity, both of which are indispensable to independence. The stakes are higher for elected judges who do not have life tenure, but the best judges, whatever the selection or retention system, are those who resist threats to judicial independence.

Nevertheless, I recognize problems inherent in the elective system. Low voter turnout and inadequate information regarding judicial qualifications diminish the democratic significance of elections. Issues of campaign speech and campaign financing loom large. See Republican Party of Minnesota v. White. But rather than scuttle elections, we should attempt to minimize the problems and should use elections as vehicles for voter education about the judicial system–especially the core value of decisional independence.

Although Wisconsin justices have and may support candidates for the court, I have never done so. My task is to work with the justices appointed by the governor and elected by the people.

“Deep-seated disputes,” if any, dissipated with their exposure to the “sunlight” of a campaign, an affirmative vote for the sitting chief justice of about two-thirds of the electorate, and a commitment by all members of the court to work for the public good. The “chemistry” on the Wisconsin Supreme Court today is good, the collegiality pervasive, and we’re committed to keeping it that way.

3. The composition of your court has changed quite a bit from what it was in 1999, and only two of the Justices who publicly supported your defeat at the polls continue to serve on the court. Are you pleased with how the court is functioning today as a collegial body, is the court current with its workload, and what additional duties and responsibilities, if any, does the Chief Justice of your court have in comparison with the duties and responsibilities of the other Justices?

The court is current with its workload and is functioning well, although we are always open to changing our internal procedures to improve the system. Each year the court decides about 1000 petitions for review, resulting in about 90 cases on full appellate review. Additionally, we hear attorney and judge discipline cases and petitions for rule making on such matters as the code of judicial conduct, the code of judicial responsibility, and matters of practice, pleading and procedure.

As chief justice, I preside over oral arguments and the court’s adjudicative and administrative conferences. I work closely with the director of state courts and court staff, chief trial judges and district court administrators, and chair or serve on numerous court committees. Under Article VII, § 4 of our state constitution, “the chief justice shall be the administrative head of the judicial system and shall exercise this administrative authority pursuant to procedures adopted by the supreme court.”

Although these administrative duties take a tremendous amount of time, they are rewarding. I have made a prolonged effort during my tenure on the court to promote court programs that improve the administration of justice. These include increasing volunteers in the courts, providing assistance to pro se litigants, certifying court interpreters, creating unified family courts, improving the protection of children, developing new opportunities for judicial education within the state, nationally and abroad, establishing legislative-judicial seminars, improving relations among state, federal and tribal courts, and increasing public outreach.

The court’s jurisdiction is statewide. All the justices travel across the state and speak to many audiences. The court has undertaken a significant program of educating students and teachers about the courts, including our court with class sessions and our teacher institutes. We sponsor court “ride-a-longs” for state and local legislators and media and sentencing exercises for media. These are just a few of our outreach programs. You can find them described on our website: www.wicourts.gov. Many state courts are engaged in public outreach, and the federal courts are starting their own programs–all to the good of the courts and the people.

4. The U.S. Supreme Court in June 2002 announced its ruling in Republican Party of Minnesota v. White, No. 01-521. By a 5-4 margin, the Court struck down as unconstitutional a judicial campaign restriction intended to prevent candidates for elected judicial offices from announcing views on disputed legal or political issues. Do you view the U.S. Supreme Court’s ruling as a positive development, a negative development, or somewhere in between?

It is still too early to evaluate the impact of White on either elected state judges or appointed federal and state judges. The concern is that White is a threat to an impartial judiciary and will weaken public trust and confidence in the judiciary. Pending and future cases will clarify the meaning and scope of White.

5. One of your former colleagues recently left your court to join the U.S. Court of Appeals for the Seventh Circuit. While she achieved confirmation without much difficulty, that has not been the case in recent years for all nominees to federal appellate court vacancies. As someone who can watch these developments unfold at something of a comfortable distance, what are your views on the judicial confirmation battles underway in the U.S. Senate, the use of filibusters, and the use of recess appointments to place filibustered nominees onto the federal appellate courts?

It’s good on a personal level to be “at something of a comfortable distance” from the process, and my interest is academic, not personal. Although much is written about the “horrors” of the elective system, not enough scholarship and attention is devoted to the “horrors” of the federal appointive system and how the President and the Senate can improve the appointive system.

6. What are your most favorite and least favorite aspects of being an appellate judge?

My favorite aspects of being an appellate judge on the highest state court are that I can work on important cutting edge legal issues and resolve them fairly and justly not only for the parties involved but also for the law of the state, that I discuss the judicial system with the public and listen to the people’s concerns, and that I have opportunities to improve the administration of justice. My least favorite aspect of the job is my concern about whether we have given enough time to each case.

7. Identify the one federal or state court judge, living or dead, whom you admire the most and explain why.

Chief Justice William Rehnquist. Chief Justice Rehnquist is widely viewed as being exceedingly fair as a chief justice in his relations with each justice and in presiding over the court’s conferences and the federal system. Because I understand the difficulties of administering a court system and the variant interests that are necessarily involved, I have a tremendous respect for anyone that can earn such wide praise. The Chief Justice also has made the time to be an author and contribute to public understanding of the judiciary. Let’s also not forget he is a son of Wisconsin!

8. How did you come to Governor Lucey’s attention as a potential Supreme Court nominee, when did you first realize that you might be interested in being an appellate judge, what concerns if any did you have about becoming the first female to serve on the Supreme Court of Wisconsin, and did any of those concerns prove to have merit?

My first encounter with Patrick Lucey personally was around 1963–64, before he was governor. I was one of the drafters of Madison’s open-housing ordinance making it unlawful to discriminate in the sale or rental of certain real estate on the basis of race. Almost every large realty company in Madison vehemently opposed the ordinance. Pat Lucey of Lucey Realty Co. was the lone realtor of a large company to appear at the city council meeting and publicly support the ordinance. (The proposed ordinance was very controversial; it passed on a tie vote of the council with the mayor casting the deciding vote).

I then met Pat Lucey again in the late 1960s when Madison was in turmoil over the Vietnam War. I was working with community leaders attempting to keep peace in the community and went to Pat’s home late one night to urge him to offer the student community use one of his large vacant neighborhood lots as a garden. He agreed.

That was largely the extent of my interaction on a personal level with Pat Lucey until he appointed me in 1976. We did have a number of mutual friends.

I never considered becoming a judge until I saw my name in the newspaper in 1974 as a possible appointee to the Supreme Court. I did not get that appointment. I got the next one.

Because I do not think my gender negatively affects my ability to do any job I undertake, being a woman did not concern me when I became a judge.

9. The Journal Sentinel in early August 2004 published an article headlined “State’s law students get free pass on bar exam; Despite detractors, age-old privilege likely to remain.” According to the article, Wisconsin is today the only State to confer such a “diploma privilege” on its in-state educated law students, having outlasted the States of Mississippi, Montana, and West Virginia, all of which abandoned similar policies in the 1980s. Why does Wisconsin adhere to this policy, why should graduates of in-state accredited law schools be assured of the ability to practice law in Wisconsin while graduates of other fine out-of-state law schools are not, and what purpose does the bar exam serve in any event?

The diploma privilege makes good sense for Wisconsin. The Wisconsin Supreme Court (in charge of attorney admissions) is very familiar with the two excellent A.B.A. accredited schools in Wisconsin: the University of Wisconsin Law School and Marquette University Law School. Both schools have high standards for admission and graduation. To qualify for the diploma privilege, students must take certain courses (determined by our court as being fundamental) and achieve a certain average score for those courses. In short, we have confidence in the quality of graduates from these two schools.

Those graduates that do move out of state after graduation typically do very well on other states’ bar exams. If there were any indication that graduates from UW or Marquette were less prepared for the practice of law compared with graduates from other schools, we would be the first to look for another system. There are currently no plans to alter the diploma privilege.

For states with only a few accredited law schools, the diploma privilege is a terrific system. In fact, some states are currently considering adopting the diploma privilege. Wisconsin should not be viewed as the last to retain the diploma privilege; I like to think of Wisconsin as the leader on this issue, not the holdout.

Wisconsin does give a bar examination to students who graduate from out-of-state law schools. I have served on the bar examination commission and have taken two bar exams. I do, however, have reservations about the traditional bar examination. I am not sure what the examination measures. Most students from accredited law schools end up passing a bar examination on at least the second attempt. While many law firms reimburse students for costs associated with taking the bar, the bar examination forces students who are already financially burdened to incur additional expenses; the bar exam delays students’ entrance into the workforce while they study for the bar or wait for results.

As is the case with many systems, it is easy to criticize. The question of what is a better replacement looms large but is not easy to answer. The National Conference of Bar Examiners (headquartered in Madison and headed by a Wisconsin lawyer) is experimenting with different types of examinations. Until there is evidence of a better system (except for the diploma privilege of course), states will continue to use the traditional bar exams.

10. Congratulations on having recently begun your tenure as President of the National Conference of Chief Justices. Please explain what that organization exists to accomplish and whether you have any particular goals that you hope to achieve during your year as the organization’s leader.

Thank you. I am quite honored to sit as this year’s president of the Conference of Chief Justices. The organization was founded in 1949 as a means of getting the states’ highest judicial officers together for discussions of issues affecting their respective judicial systems and learning from each other. Collectively we are able to exchange valuable information about current problems and possible resolutions, how various programs are working in different states and in what ways we might be able to improve the administration of justice in our own state. Each of us innovates and communicates.

The past, present and future presidents of the conference work together to achieve continuity of programs from one year to the next. I am therefore continuing the good work of my predecessors in streamlining the structure of the conference, improving our educational programs, increasing communication among the states, reviewing and commenting on the impact of proposed federal legislation on state courts, filing amicus briefs in appellate cases raising issues of concern to state courts, and moving forward with our activities in protecting children, promoting public trust and confidence, working with the federal judicial system, and tackling new and continuing issues in the administration of the criminal justice system.

11. When you joined the Supreme Court of Wisconsin, the state did not yet have an intermediate appellate court. How was your work on the Supreme Court, and the practice of law, different before the Wisconsin Court of Appeals came into existence? And please explain the direct review and bypass procedures that allow a case to come to your court without passing through the Court of Appeals, and how often and in what sort of cases are those procedures used?

The establishment of the court of appeals dramatically changed the work of the Supreme Court. Before the court of appeals, the Supreme Court decided several hundred cases a year and had a substantial backlog–perhaps two years’ worth of cases. Now the Court focuses on the cases that raise significant legal issues of statewide importance and we are able to give those cases more time.

As you mention, we have two procedures, Direct Review and Petition to Bypass, in addition to a Petition for Review and Certification by the Court of Appeals. Both Direct Review and Bypass are rarely used.

Under Direct Review, this Court can reach down and give itself jurisdiction over a case, without any request from the parties or a court. As far as I can remember, the Court has never used this power.

In Bypass, a party to a circuit court case asks this court to hear the case before the court of appeals rules on it. Very few bypasses are requested, and in past years we have granted from zero and two bypasses.

12. What role should an appellate judge’s personal and political ideology play in deciding cases, and when if ever is it appropriate for an appellate judge to decide how to rule based solely on his or her personal preference? Also, isn’t it true that Justices serving on courts of last resort sometimes have little other than their own personal preference concerning the result to guide them in deciding cases?

An appellate judge’s personal and political ideology or personal preferences should not play a role in deciding cases. In many cases I reach a decision that I would prefer not to reach. Nevertheless I feel compelled to reach that decision because of the facts and applicable law.

The justices of the Supreme Court of Wisconsin come from different political, ideological, social, geographical, and economic backgrounds. They bring their varied experiences in their personal lives and in their legal careers to the cases. The justices may have different jurisprudential views about the role of courts and about principles of statutory and constitutional interpretation. These experiences and different views of the law may very well play a role in decision-making. The key requirements of an appellate judge are to have an open mind and read (and check) all the materials submitted.

Decision-making involves judgment. If only one result was possible in every case, we would not need a court of seven persons, one judge would be sufficient. Indeed, we might not need any judges at all. A computer could spit out the decision.

13. You have taught at law schools, are regularly in the market for recent law school graduates seeking to be hired as law clerks, and review on a daily basis the work of people who graduated from one law school or another. In what ways should the Nation’s system of legal education be reformed and/or improved?

Law schools keep changing their curriculum and practices. That’s good. Law schools ought to be even more innovative and creative. Too many law schools follow other schools instead of making use of their own faculty and student talent and regional interests.

I like the approach taken at the school I know best, the University of Wisconsin Law School. I describe the school’s approach as “eclectic.” Students are exposed to traditional and non-traditional courses and methods of teaching and strong clinical programs. This cornucopia of offerings benefits not only the students, but also benefits Wisconsin’s legal community, the general citizenry, other law schools, and other states.

14. How do you make use of your judicial law clerks, what qualities do you look for in deciding whom to hire as a law clerk, and are there any sorts of candidates whom you wish were applying but haven’t been?

Wisconsin Supreme Court justices (including me) have only one full time, salaried law clerk apiece. We also have the opportunity to collaborate with law school students who, as part of their legal education, work in chambers. Selecting a law clerk for each one-year term is one of the most important decisions I make. I look for people who have strong research, writing and analytical skills and are willing to think and rethink positions and work long hours–all with a sense of humor. I value clerks who have had varied life and work experiences. I have been fortunate to get applicants from law schools all over the country, but would also welcome a more racially diverse pool of applicants.

15. What are the three most important suggestions you have for attorneys concerning how they can improve their written work product filed with the Supreme Court of Wisconsin?

Lawyers should let their briefs “rest” for a week or so and then reread and edit them. Lawyers should ask other lawyers and non-lawyers in their office to read and edit the briefs. Too often lawyers jump right into the legal nuances of the case without explaining, in clear terms, the legal context in which the case arises and they fail to persuade the Court why it should decide in their favor.

16. Similarly, what are the three most important pieces of advice you have for attorneys concerning how they can improve their performance at oral argument?

First, know the record, your brief, and the cases on which you rely. Second, moot the case with other attorneys in your firm or with law students or faculty (a group often overlooked as a valuable resource). In short, practice practice practice! During practice sessions you will probably be asked many of the same the questions the Court will ask. Third, decide the two or three major points you want to make with the court. Keep them firmly in mind and make them at least once but probably several times. These same suggestions are given over and over by appellate judges and they warrant repeating.

17. A couple of years ago, The Journal Sentinel reported on a day when you found yourself “perched in one of Milwaukee’s most detested judicial assignments” filling in for a vacationing judge in small claims court. How did you enjoy your time on the bench at small claims court, and is that something that you might volunteer to do again?

Working as a judge in small claims court was one of the most difficult tasks I have undertaken, but I enjoyed it immensely. I had to hear and decide a case from the bench every 15-20 minutes, usually without the assistance of lawyers arguing the issues. But I got to meet people, hear their problems directly from them, and resolve disputes right from the bench, all while helping people. I’ll do it again even though I know that it will be harder for me to sit a week in small claims court than to sit a week in the Supreme Court. The preparation for small claims court was horrendous. I read numerous statutes, pages of regulations I had never seen before, cases and the sparse case files. I was overwhelmed by the amount of law I needed to master and have readily available, just in case the issue arose. The volume of cases and the tumult of the courtroom was exhausting.

When I first offered to sit in small claims court I was not fully aware of the difficulty of the assignment. I am now wiser and have a much greater appreciation for the work done by judges at all levels of our state’s judicial system.

In keeping with my belief that judges ought to experience the judicial system from different vantage points, I have sat as a juror in both civil and criminal cases and have initiated a program in which Wisconsin court of appeals judges can sit as trial judges and trial judges can sit as court of appeals judges.

18. Are the salaries now paid to state court judges in Wisconsin too low? What should those judges be paid or, perhaps less controversially, how would one determine what the proper salary should be?

Judges’ compensation in recent years has not kept up with the increase in the cost of living, and serving as a judge is therefore often not attractive to practicing lawyers. Some first year law graduates are paid as much as, or more, than experienced judges. Judges should be compensated reasonably so that judgeships attract good lawyers and are open to people who are not independently wealthy. Judges’ compensation should be in line with the compensation of other state officials, with judges in other states, and with government lawyers. Any compensation system necessarily must reflect the state’s fiscal situation.

19. Your biography shows that you were born and raised, and attended undergraduate and law school, outside of Wisconsin. At what point in your life did you become a resident of Wisconsin, and why? Also, if there is anything else that you would like to say about the quite lovely State of Wisconsin, please feel free to do so now.

My husband and I moved to Wisconsin in 1956 for his post-graduate work at the University of Wisconsin. We left Wisconsin from 1957-60, returned to Madison in 1960, and have been here ever since–more than 40 years. My son, now an attorney in California, was born and raised in Wisconsin.

I am always happy to talk about the great state of Wisconsin. While Wisconsin is often associated with its excellent sports teams and its tourism, it is a wonderful state to live in with a world-class university, a well-educated citizenry, a great history and a strong progressive tradition. Its people have sound values and a strong work ethic, and there is a consistent tradition of good government serving the people.

20. What do you do for enjoyment and/or relaxation in your spare time?

Whatever spare time I have I use to the maximum. I enjoy traveling and have visited much of the United States and all seven continents. I recently returned from a trip to China and Mongolia, where I combined judicial work (lectures) and tourism. The theater, art galleries, museums, and of course, shopping, are also activities I enjoy. My newest, and what promises to be my most consuming, spare time passion is my nine-month old grandson. As my law clerk and others will attest, no one is safe from having to view photos of him and hear about his feats in manipulating finger food.

Posted at 00:00 by Howard Bashman

“A Tournament of Virtue”: Law Professor Lawrence B. Solum, author of the “Legal Theory Blog,” has recently posted to SSRN a law review article that attempts to answer the question “How ought we to select judges?” You can access the article via this link.

Posted at 22:45 by Howard Bashman

The Los Angeles Times is reporting: Today’s newspaper contains an article headlined “Not Just Blowing Smoke: Few thought the case would get this far; Five years after its filing, the federal lawsuit against the tobacco industry is nearing trial.”

And in local news, “D.A. Opposes Deportation of Sex Offenders; Prosecutors want violent predators placed in state hospitals after their prison terms, not returned to their home countries.”

Posted at 22:28 by Howard Bashman

“Picking the big battles: Berkeley lawyer running big lawsuits against such giants as Wal-Mart, Costco.” This article appears today in The San Francisco Chronicle.

Posted at 22:12 by Howard Bashman

In today’s edition of The Washington Post: Charles Lane reports that “Air Force Spy Trial to Proceed Despite Modified Evidence.” And the newspaper also contains articles headlined:

• “Judge’s Probe in Sniper Case Debated; Fairfax Jurist’s Fact-Finding Mission Is Talk of the Courthouse“;

• “AU President Challenges Web Site That Bears His Name“; and

• “Web ‘Perp Walk’ Accused of Trampling Suspects’ Rights.”

Posted at 22:00 by Howard Bashman

“Izzle”: Kathleen E. Miller is the author of today’s “On Language” column in The New York Times Magazine. In it, she writes:

And now the izzle is everywhere, and not just in commentary about Snoop Dogg or incongruous sound bites used as comic relief in movies (like Newhart’s deadpan fo’ shizzle in “Legally Blonde II”) and commercials (like Drescher’s nasally “my shizzle‘s gone fazizzle” in her role hawking everything Old Navy). It’s actually been used, seriously, in the pages of Business Week and Fortune. Even Britain’s High Court hasn’t been immune, confronting what might as well have been a “foreign language,” as one account put it, in a 2003 copyright case. The case, Mr. Justice Lewison (seems they don’t allow judges to have first names in England) told the BBC, “led to the faintly surreal experience of three gentlemen in horsehair wigs examining the meaning of such phrases as . . . shizzle my nizzle.” A truly remarkable bit of jurisprudence

Back in June 2003, I linked to news coverage reporting on the British court’s encounter with the terminology in a post titled “Shizzle my nizzle: lyrics leave judge lost for words.”

Posted at 18:55 by Howard Bashman

“No Disputing It: Blogs Are Major Players; Netizen’s late-night post questioning CBS claims about Bush’s service spreads at warp speed.” This article appears today in The Los Angeles Times.

Posted at 14:46 by Howard Bashman

Programming note: At midnight, I will be posting online the September 2004 installment of “20 questions for the appellate judge.” This month’s interviewee is Chief Justice Shirley S. Abrahamson of the Supreme Court of Wisconsin, and the interview appears to have turned out quite well.

On a related subject, thanks much to those readers who have already emailed to suggest questions or topics for October 2004’s interviewee, D.C. Circuit Judge Harry T. Edwards. Any other readers who wish to propose questions or topics for questions that I should ask Judge Edwards should feel free to send them along via email, a process you can initiate by clicking here.

Posted at 14:33 by Howard Bashman

With slightly more than three and a half days left to go, another Justice Sandra Day O’Connor bobblehead doll being auctioned on eBay has a bid price of $132.50: You can view the eBay listing and even offer your own bid via this link. Yesterday, of course, one of these sold on eBay for $300.00.

Posted at 11:10 by Howard Bashman

In same-sex marriage-related news: The Winston-Salem Journal today contains an article headlined “Referendums hitting gay marriage; Conservatives hope issue will entice voters who will then go with Bush.” And from Vermont, The Times Argus reports today that “Gay rights struggle for marriage a key issue.”

Posted at 11:07 by Howard Bashman

In Blakely-related news from North Carolina: The Herald-Sun reports today that “Ruling baffles attorneys, judges.”

Posted at 11:04 by Howard Bashman

“Crawford decision could change law, experts say; Supreme Court ruling overturns admissibility of pre-trial testimony”: The Marshfield (Wis.) News-Herald contains this article today.

Posted at 11:02 by Howard Bashman

“Daughters of slain man at center of feuding families; Visitation: Grandparents’ rights murky.” This article appears today in The Daily Herald of Suburban Chicago.

Posted at 11:01 by Howard Bashman

“The Constitution: A living document? Looking beyond the text a matter for debate.” Ray Cooklis has this editorial page essay in today’s edition of The Cincinnati Enquirer.

Posted at 10:59 by Howard Bashman

“New County Seal Is the Picture of Controversy”: These letters to the editor appear today in The Los Angeles Times.

Posted at 10:58 by Howard Bashman

“For new justice, it’s a case of perspective”: The Newark Star-Ledger today contains an article that begins, “Roberto Rivera-Soto, the first Hispanic justice on the New Jersey Supreme Court, says he really enjoys a good debate.”

Posted at 10:56 by Howard Bashman

“U.S.-state pot fight snags area grower; The court appeal of two ailing women may tip the scales”: This article appears today in The Sacramento Bee.

Posted at 10:55 by Howard Bashman

“Vanity Fair Publishes Inside Scoop on Bush v. Gore”: Orin Kerr has this post tonight at “The Volokh Conspiracy.” Orin writes that because this article isn’t freely available online, he “had to plunk down $4.50 for a very glossy paper copy” of the magazine.

Posted at 23:48 by Howard Bashman

“Governor and Former Stuntwoman Settle Suit; Schwarzenegger won’t seek legal fees awarded when the libel case was dismissed, and Rhonda Miller won’t file an appeal”: This article appears today in The Los Angeles Times.

Posted at 23:38 by Howard Bashman

“Pa. Internet child-porn law is ruled illegal”: The Philadelphia Inquirer contains this article today.

Posted at 23:29 by Howard Bashman

“The John Smith of banks; As it expands across US, all-too-common name spells grief for Citizens”: This article appears today in The Boston Globe.

Posted at 23:23 by Howard Bashman

In today’s issue of The Washington Post: The newspaper contains articles headlined:

• “Court Rejects Child Porn Internet Law; Free-Speech Rights Violated, Judge Rules“;

• “Judge Finds Halliburton Settlement Unacceptable; Challenge by Some Shareholders Upheld“;

• “Antitrust Ruling Reverberates; Decision Could Go Beyond Oracle, PeopleSoft“;

• “Enron Case Prosecutors Calling for a Single Trial“; and

• “Trail to Anthrax Hoax Well-Marked; Inmate Signed Threatening Letter to Frederick Prosecutor.”

Posted at 23:14 by Howard Bashman

The New York Times is reporting: Today’s newspaper contains articles headlined:

• “As Deadline Crept Closer, a Rush to Sue Over Sept. 11“;

• “Court Rules Against Pennsylvania Law That Curbs Child-Pornography Sites“;

• “Judge Rejects Proposed Halliburton Settlement“;

• “Despite Ruling, PeopleSoft Battles to Stand Alone“; and

• “The Waitress Isn’t Kidding When She Tells You to Leave a Tip.”

Posted at 23:03 by Howard Bashman