How Appealing

Monday, November 21, 2005

“Feinstein Crafts Plan to Scuttle 9th Circuit Split; Judiciary Senators Miffed by House’s Legislative Tactic”: Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 4:05 PM by Howard Bashman

Federal wiretapping statute may make ex-boyfriend liable in damages to his ex-girlfriend for his email distribution of a video he secretly made of them having sex: Seventh Circuit Judge Frank H. Easterbrook issued this opinion today on behalf of a unanimous three-judge panel. The appellate briefs (appellant; appellee; appellant’s reply) and the appendix are also available online. And the oral argument audio can be downloaded in mp3 format via this link.

Update: On this day when the Administrative Office of the U.S. Courts has issued a news release commemorating that “Electronic Case Filing in Federal Courts Reaches Milestone,” it is worth pondering who bears responsibility when an electronically-filed document (such as the Brief for Appellant in this case) reveals the identity of the appellant proceeding under a court-approved pseudonym and the document is posted, in unredacted form, online at the federal appellate court’s website. Based on the oral argument audio and today’s Seventh Circuit opinion, neither the appellate court nor counsel for appellant knew of this disclosure, but all that they had to do to discover the fact was look at the Brief for Appellant as posted on the Seventh Circuit’s web site.

Posted at 3:15 PM by Howard Bashman

Blogging and the First Amendment: David L. Hudson Jr. of the First Amendment Center provides this detailed report, which includes a discussion of “Unmasking anonymous bloggers” and “Losing jobs from blogging.”

Posted at 1:55 PM by Howard Bashman

“Steroids Probe May Affect Privacy Rights”: Today in The New York Sun, Josh Gerstein has an article that begins, “The government’s legal stance in an ongoing investigation of steroid use by Major League Baseball players could put at risk the privacy rights of all Americans who have ever taken a drug test, federal appeals court judges warned last week.” I previously linked here to the oral argument audio.

Posted at 12:05 PM by Howard Bashman

“Judge Alito & the new First Amendment defenders”: Ronald K.L. Collins has this essay online today at the First Amendment Center.

Posted at 11:54 AM by Howard Bashman

The Concord (N.H.) Monitor looks at the operation of Minnesota’s parental abortion notification law: Yesterday’s article begins, “When New Hampshire lawmakers wrote their parental notification law two years ago, they nearly copied Minnesota’s, which requires a girl to tell her parents or a judge before she has an abortion. If Minnesota continues to be a model, New Hampshire could face significant challenges should the U.S. Supreme Court uphold its law.”

Posted at 11:50 AM by Howard Bashman

In news from Kansas: The Lawrence Journal-World today contains an article headlined “Lawrence attorneys to fight death penalty” that begins, “Two lawyers who live in Lawrence will go before the U.S. Supreme Court next month to argue that Kansas’ death-penalty law is unconstitutional.”

And The Associated Press on Friday reported that “Matthew Limon back in court on new charge.” The article begins, “Matthew R. Limon, whose case resulted in the Kansas Supreme Court saying the state can’t punish underage sex more harshly if it involves homosexuals, will be back in court next week on a new charge in the same case.”

Posted at 11:22 AM by Howard Bashman

“Alito And His Critics: Who Is Outside The Mainstream?” Stuart Taylor Jr. has this essay in today’s edition of National Journal.

Posted at 9:15 AM by Howard Bashman

“Executed man’s co-defendant says years of guilt have led him to try to clear his friend’s name; Silence vow blamed for ultimate penalty”: This article appears today in The Houston Chronicle.

Posted at 8:14 AM by Howard Bashman

“And when his superiors learned of his other existence, he was ordered to stop the blogging, for which he had not been given permission. He may even soon be jobless as well as blogless.” The fate of “Article III Groupie” has begun to receive international attention (so perhaps it’s now on the U.S. Supreme Court‘s radar screen). See Marcel Berlins’ essay (second item) today in The Guardian (UK).

Posted at 7:20 AM by Howard Bashman

“The Senate Votes to Curb Habeas Corpus Petitions by Guantanamo Bay Detainees: How the Bill Threatens the ‘Unwritten Constitution.'” FindLaw commentator Michael C. Dorf has this essay today.

Posted at 7:08 AM by Howard Bashman

“Wild case interrupts the party; The creator of ‘Girls Gone Wild’ finds himself involved in a legal drama”: This article appears today in The Los Angeles Times.

Posted at 6:50 AM by Howard Bashman

“Alito Often Ruled for Religious Expression”: Neil A. Lewis has this article today in The New York Times, which also contains an article headlined “Nominee’s Fans and Foes Localize the Debate.”

The Baltimore Sun reports today that “Moderates grow in influence; Pressure on GOP makes center crucial.”

The New York Daily News contains an article headlined “Pol shifts, hints Alito filibuster.”

And The Daily Pennsylvanian reports that “Penn, Yale profs give Alito mixed reviews; Professors, scholars call him ‘able but very conservative.’

In commentary, The Washington Post contains an editorial entitled “Judge Alito on the States.”

And The Palm Beach Post contains an editorial entitled “Judge Alito by his ‘essay.’

Posted at 6:45 AM by Howard Bashman

“After Eminent Domain Victory, Disputed Project Goes Nowhere”: The New York Times today contains an article that begins, “They have still not moved out. Not Susette Kelo. Not the Derys. Not Byron Athenian or Bill Von Winkle or the others. Five months after the United States Supreme Court set off a national debate by ruling that the City of New London could seize their property through eminent domain to make way for new private development, no one has been forced to leave.”

Posted at 6:44 AM by Howard Bashman

“The journey of Judge Joan Lefkow — Nine months ago, Judge Joan Lefkow discovered her husband and mother murdered in her home: Grief; Guilt; A devastated life; How would she go on?” Mary Schmich had this lengthy special report (single-page version here) yesterday in The Chicago Tribune. And on Friday, that newspaper issued a press release entitled “Judge Joan Lefkow Breaks Her Silence with Chicago Tribune’s Mary Schmich; Story to Appear Sunday, November 20.”

Posted at 6:40 AM by Howard Bashman