How Appealing

Monday, March 7, 2005

“Download Debate”: This evening’s broadcast of PBS‘s “The NewsHour with Jim Lehrer” contained a report described as follows “Later this month, the Supreme Court will hear a much anticipated copyright case, MGM vs. Grokster, which pits the entertainment industry against the makers of software that allows people to exchange music and movies.” You can hear the report via RealAudio by clicking here.

Posted at 11:55 PM by Howard Bashman

“Miranda seeks U.S. probe”: Tuesday’s edition of The Hill will contain an article that begins, “A former top aide to Senate Majority Leader Bill Frist (R-Tenn.) is accusing Judiciary Committee Democrats of using threats to convince a lobbying firm not to hire him.”

Posted at 11:52 PM by Howard Bashman

Available online from Tony Mauro has an article headlined “Supreme Court: Tax Court Must Make Proceedings Public.”

Jeff Chorney reports that “9th Circuit Reinstates HIV Suit Against American Airlines.”

Jonathan Ringel reports that “11th Circuit Lets Metabolife off the Hook in $3.5M Case; Battle over expert witnesses was a key point in the case.”

And an article is headlined “Curtains Raised for Change at DOJ? Gonzales expands inner circle, reaches out to Justice Department’s rank and file.”

Posted at 11:50 PM by Howard Bashman

“Mexicans on Death Row to Get Hearings; Bush Tells Texas Courts to Review Cases of 51 Denied Consular Aid”: Charles Lane will have this article Tuesday in The Washington Post.

Posted at 11:42 PM by Howard Bashman

“Illness has made Specter more resolute, friends say”: Tuesday’s edition of The Philadelphia Inquirer will contain an article that begins, “Despite a steady stream of criticism from conservatives, Senate Judiciary Committee Chairman Arlen Specter, R-Pa., shows no willingness to accelerate an anticipated partisan showdown over judicial nominees.”

Posted at 8:44 PM by Howard Bashman

That’ll teach me to go on vacation: Two Saturday’s ago, on the day that I returned from vacation, The Salt Lake Tribune published an article headlined “Watchdog group wants polygamous judge unseated.” The judge’s lawyer is quoted in the article as arguing that just because the judge has three wives and thirty-two children doesn’t mean that he’s not a good judge.

Posted at 5:25 PM by Howard Bashman

“A nuclear option: Republicans shouldn’t blow up the Senate over nominations.” The Concord (N.H.) Monitor contains this editorial today.

The Oregon Daily Emerald today contains an editorial entitled “Conservative appointees drive wedge in Congress.”

This week’s issue of The Niagara Falls Reporter contains an essay by John Hanchette entitled “Senators waste time maneuvering.”

And in The Charlotte Observer, syndicated columnist Marianne Means yesterday had an essay entitled “Closing down the Senate: Republicans threaten to end the right to judicial filibusters.”

Posted at 5:15 PM by Howard Bashman

“Seattle marchers back gay marriage; Rally comes 2 days ahead of state Supreme Court arguments”: This article appears today in The Seattle Post-Intelligencer.

Posted at 4:32 PM by Howard Bashman

Supreme Court of Pennsylvania to hear oral argument in challenge to the constitutionality of Pennsylvania’s grandparent visitation statute on Monday, May 16, 2005 in Harrisburg: Notice of oral argument arrived from the court in today’s mail. I will be delivering oral argument in that case on behalf of the appellant, a father who is challenging the constitutionality of that law.

Coincidentally, I am today filing in that case the father’s Reply Brief for Appellant, which can be viewed online at this link. The opening Brief for Appellant, which I filed in December 2004, can be accessed here.

Back on December 7, 2004, The Philadelphia Inquirer published a front page article about the case headlined “Pa. top court reviews grandparents’ rights; Father, grandmother clash over visitation.”

Posted at 3:45 PM by Howard Bashman

U.S. Court of Appeals for the Federal Circuit decides tampon-related patent dispute: This opinion issued today arises from a dispute between rival brands of tampon applicators. I look forward to discussion of the ruling at “Patently-O: Patent Law Blog.”

Update: The summary from “Patently-O: Patent Law Blog” is titled “CAFC: Substantially Flattened Is Defined As Flatter Than A Cylinder” and notes that “As to not disturb the readers, I only provide a link to the patent drawings.”

Posted at 3:10 PM by Howard Bashman

“Mootness: The Moot Court Blog.” This new blog describes itself as “The Web’s first blog devoted to fake appellate litigation.” I’m relieved to see that a blog now exists devoted to fake appellate litigation, because keeping up with real appellate litigation has left me with precious little time to focus on the fake stuff.

Posted at 3:00 PM by Howard Bashman

“Marshalling Forces”: CBS News legal analyst Andrew Cohen today has an essay that begins, “The heinous murder of the family of U.S. District Judge Joan Humphrey Lefkow in Chicago last week ought to serve as a wakeup call to Congress, the judiciary, and most of all, the U.S. Marshal Service, which is primarily responsible for protecting federal judges and magistrates.”

Posted at 1:45 PM by Howard Bashman

“The virtual ‘confrontations’ offered by closed-circuit television systems fall short of the face-to-face standard because they do not provide the same truth-inducing effect.” A unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit today set aside a defendant’s federal criminal conviction for aggravated sexual abuse because at trial the alleged victim, a female child, was allowed to testify against the defendant via a two-way closed-circuit television set-up. You can access today’s ruling at this link.

This decision should supply material for discussion at “The Confrontation Blog.”

Posted at 12:00 PM by Howard Bashman

“Frosh Sued by Apple Fires Back; ThinkSecret founder moves to dismiss trade secret lawsuit”: This article appears today in The Harvard Crimson.

Posted at 11:24 AM by Howard Bashman

“Police response faces challenge; Castle Rock lawsuit could alter handling of restraining orders”: The Rocky Mountain News today contains this article reporting on a case that will be argued before the U.S. Supreme Court later this month.

Posted at 10:44 AM by Howard Bashman

Today’s U.S. Supreme Court opinions and Order List: The Court today issued three opinions in argued cases.

1. Justice Stephen G. Breyer delivered the opinion of the Court in Wilkinson v. Dotson, No. 03-287. You can access the syllabus here, Justice Breyer’s opinion here, Justice Antonin Scalia’s concurring opinion here, Justice Anthony M. Kennedy’a dissenting opinion here, and the oral argument transcript here.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Ballard v. Commissioner, No. 03-184. You can access the syllabus here, Justice Ginsburg’s opinion here, Justice Kennedy’s concurring opinion here, Chief Justice William H. Rehnquist’s dissenting opinion here, and the oral argument transcript here.

3. Finally, Justice David H. Souter delivered the opinion of the Court in part in Shepard v. United States, No. 03-9168. You can access the syllabus here, Justice Souter’s opinion here, the opinion of Justice Clarence Thomas concurring in part and concurring in the judgment here, the dissenting opinion of Justice Sandra Day O’Connor here, and the oral argument transcript here. This case produced an unusual line-up of Justices, as the dissenters consist of Justices O’Connor, Kennedy, and Breyer. Chief Justice William H. Rehnquist did not participate in the decision in this case, which had been argued during the Court’s November argument session.

Today’s Order List can be accessed at this link. The Court today granted review in two cases, which Lyle Denniston of “SCOTUSblog” summarizes here.

In early press coverage, Reuters reports that “Supreme Court Won’t Decide Damages from S&L Crisis.”

Hope Yen of The Associated Press reports that “Tax Court Fact Reports Must Be Disclosed” and “Court Declines to Review Immigrant Case.” The AP also offers articles headlined “Court Won’t Hear Immigrant Smuggling Case“; “High Court to Review Miner Lawsuit Appeal“; and “High Court Declines to Clarify Awards.”

Posted at 10:00 AM by Howard Bashman

“Justice Unit Puts Its Focus on Faith; A little-known civil rights office has been busily defending religious groups”: This article appears today in The Los Angeles Times.

Posted at 9:44 AM by Howard Bashman

“Reed’s Rules: The nuclear option, 19th-century style.” John A. Barnes has this essay today at National Review Online.

Posted at 9:35 AM by Howard Bashman

“A Government of Men: Justice Kennedy changes his mind; Amazingly, he found that the Constitution changed with him.” John Hinderaker has this essay online at The Weekly Standard.

Posted at 9:33 AM by Howard Bashman