How Appealing

Thursday, June 2, 2005

“Cooper: Live-in lawsuit baseless; Woman: Sheriff pressed her to wed.” The Associated Press reports here that “A lawsuit aimed at overturning North Carolina’s 200-year-old law against unmarried couples living together is baseless and should be dismissed, says a motion filed by Attorney General Roy Cooper.”

Posted at 5:05 PM by Howard Bashman

An appellate judge blogs anonymously? Say hello to the blog “Have Opinion, Will Travel,” while keeping in mind that on an anonymously-written blog anyone can be an appellate judge.

For appellate judges who blog for attribution, see here and here. Update: See also here and here.

Posted at 4:10 PM by Howard Bashman

“‘Justice has prevailed’; It’s the end of one of Lancaster County’s most infamous murder cases; More than 13 years after the brutal slaying of Laurie Show, the U.S. Supreme Court rejects Lisa Michelle Lambert’s final appeal”: This article appeared yesterday in The Lancaster (Pa.) New Era.

Posted at 4:02 PM by Howard Bashman

“Brown Model Jurist for Filibuster Fight”: David Kravets of The Associated Press has a report that begins, “Janice Rogers Brown, a sharecropper’s daughter who became the first black woman and most conservative justice on California’s Supreme Court, is a model jurist for U.S. Senate Republicans fighting judicial filibusters.”

Posted at 3:55 PM by Howard Bashman

“Sex killer fights limits on her freedom”: Reuters provides a report that begins, “A notorious Canadian sex killer made her first public appearance in more than a decade on Thursday to fight a request that she be kept under close watch after she completes a prison sentence in several weeks for the torture and killing of two schoolgirls.”

Canadian Press reports that “Homolka sheds tears at sister’s death; Judge assures lawyers that he won’t be influenced by Ontario premier.”

In other coverage, The Montreal Gazette today contains an article headlined “Keep Homolka on leash, judge to be urged today; Ontario seeking fetters after imminent release.” offers access to additional coverage of the case both here and here.

The Toronto Globe and Mail provides a news update headlined “Homolka in court as release nears.” That newspaper today also contains an article headlined “Won’t greet Karla, Homolka family says; Residents of infamous killer’s hometown want her to stay away from scene of crime.”

And The Toronto Star today reports that “Homolka still a risk police inspector says; But psychiatrist claims she’s fine; Although therapy needed, he says.”

Posted at 3:45 PM by Howard Bashman

Ninth Circuit decides appeal involving World Trade Organization-related riots in Seattle: Today a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision in which the majority opinion begins:

In this case we search for the proper balance between, on the one hand, the vibrant rights of free speech and assembly in an open society and, on the other hand, the needs of a city to maintain order and security. We consider the constitutionality of an emergency order prohibiting access to portions of downtown Seattle, Washington, during the 1999 World Trade Organization (WTO) conference. Appellants filed lawsuits in the United States District Court for the Western District of Washington seeking damages for the constitutional rights that were alleged to be violated by the emergency order. Four of the Appellants also filed individual claims in which they alleged that their constitutional rights were infringed by Seattle police officers in the course of the conference. We determine that the emergency order was a constitutional time, place, and manner restriction on speech on its face, and we affirm the judgment of the district court on that issue. But we also determine that there are genuine issues of material fact whether the emergency order was constitutional as applied to certain Appellants, and we reverse and remand for trial on that issue. As for the Appellants’ individual claims, we affirm in part, reverse in part, and remand.

The Ninth Circuit has posted online both the court’s ruling and an appendix thereto.

In early press coverage, The Associated Press reports that “Court rules police may have gone too far in WTO protests.”

Posted at 3:24 PM by Howard Bashman

“A Gift to the Gun Industry”: The Washington Post today contains an editorial that begins, “The Protection of Lawful Commerce in Arms Act, which the House Judiciary Committee approved last week, is not a nuanced piece of legislation.” You can view the proposed legislation at this link.

Posted at 7:22 AM by Howard Bashman

“The Supreme Court’s New Ruling on the Religious Land Use and Institutionalized Persons Act’s Prison Provisions: Deferring Key Constitutional Questions.” FindLaw commentator Marci Hamilton has this essay today.

Posted at 7:20 AM by Howard Bashman

“Bringing Fairness to Drug Sentencing”: The New York Times today contains an editorial that begins, “Congress spawned a national trend toward discriminatory sentencing when it drew a false distinction between powdered cocaine and crack cocaine for law enforcement purposes during the 1980’s.”

Posted at 7:17 AM by Howard Bashman