How Appealing



Tuesday, November 29, 2005

“EBay Arrives at Supreme Court: A Landmark Patent Case.” The blog “Patently-O: Patent Law Blog” provides this post. In advance of the actual oral argument, the case will be mooted before a bench consisting of bobblehead U.S. Supreme Court Justices purchased at auction on eBay, and whichever side appears to receive more nods of agreement from the bench will be adjudged the winner.

Posted at 4:05 PM by Howard Bashman



“High Court Seems Ready to Dismiss Market-Power Precedent”: law.com’s Tony Mauro provides a news update that begins, “The Supreme Court on Tuesday seemed ready to hand a victory to patent holders in a closely watched antitrust case that could have a broad impact on intellectual property law.”

In earlier coverage, Mauro reported that “High Court to Hear Case on 43-Year-Old Antitrust Precedent.”

And Daniel B. Ravicher has an op-ed entitled “They’ve Got the Power: The Supreme Court should stick by the antitrust presumption that patents create market power” in the current issue of Legal Times.

Posted at 4:02 PM by Howard Bashman



“BlackBerry Held Hostage: Pay Up–or You’re Done For; Patent cases have always been costly; Could they now be fatal too?” The December 12, 2005 issue of Fortune magazine contains an article that begins, “What would Osama bin Laden give to be able to knock out every BlackBerry in America and achieve an instant, sweeping disruption of commerce? The good news is he can’t do it. The weird and disconcerting news is that a company called NTP can and, unless it’s paid off, probably will sometime before Christmas.”

Posted at 3:25 PM by Howard Bashman



“Alito’s Appeals Court Record on Race, Gender”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Day to Day.” The audio segment seems to conclude with the drum track from The Knack‘s “My Sharona.” Update: In actuality, the music at the end of the segment was “This One” by Scanty Sandwich.

Posted at 3:12 PM by Howard Bashman



Two interesting Seventh Circuit opinions issued today written by Circuit Judge Frank H. Easterbrook: In United States v. Cannon, the court holds that a mandatory third-strike sentence of life imprisonment without parole for cocaine possession with intent to distribute cannot be avoided by a federal district court’s finding that the defendant’s two earlier felony drug offenses were relatively minor.

And in Gates v. Towery, the court examines whether named plaintiffs who have initiated a federal civil rights class action challenging the procedures that Chicago uses for dealing with property that the police seize when making custodial arrests remain viable class representatives after the City provides them with checks for the money that was taken from them upon their arrests and the promise of interest.

Posted at 2:50 PM by Howard Bashman



“Time Warner’s Stupid Gag Order: Which Lloyd Grove spits out.” Online at Slate, Jack Shafer has a press box essay that begins, “What on earth did Time Warner Chairman Richard D. Parsons have in mind when he waited until the last minute to declare the Nov. 21 interview of Justice Antonin Scalia by Time Inc. Editor in Chief Norman Pearlstine before 100 journalists and businessmen at Time Warner’s New York headquarters as ‘off the record’?”

Posted at 1:48 PM by Howard Bashman



“N.H. AG to argue parental notification case”: Foster’s Daily Democrat contains this article today, along with an article headlined “Even in pro-choice N.H., public favors the law to keep parents involved.”

Meanwhile, in commentary, The Concord (N.H.) Monitor today contains an editorial entitled “Having a child must not be a punishment.”

And The Manchester (N.H.) Union Leader contains an editorial entitled “Ayotte’s big case: AG makes a name for herself.”

Posted at 11:54 AM by Howard Bashman



“Parents Ask Ninth Circuit to Rehear Sex Survey Case; Liberty Counsel filed a petition requesting the entire Ninth Circuit to rehear the case”: The organization Liberty Counsel has issued this press release today.

Posted at 11:14 AM by Howard Bashman



“Pa. Justices Sued for Alleged Violation of Due Process; Epstein Aims at Use of Dismissal to Enforce Appellate Issue Limits”: Today in The Legal Intelligencer, Shannon P. Duffy has an article (subscription required) that begins, “Attorney Alan B. Epstein and his firm, Spector Gadon & Rosen, have filed a federal civil rights suit alleging that the Pennsylvania Superior Court violated their due process rights when it dismissed their appeal of a $1.7 million judgment against them on the grounds that they had raised too many appellate issues. The suit was filed by attorneys Richard A. Sprague, Joseph R. Podraza Jr. and Thomas E. Groshens of Sprague & Sprague and names all seven justices of the Pennsylvania Supreme Court as defendants.”

The Pennsylvania Superior Court ruling about which this newly-filed federal lawsuit complains can be accessed here. The Legal Intelligencer’s earlier coverage of that ruling came in an article headlined “Court Tosses Appeal After Finding Lawyers Filed ‘Preposterous’ Number of Issues.” And I focused on that ruling in my January 2005 monthly appellate column, also published in The Legal Intelligencer, entitled “Attempting To Preserve 104 Issues For Appeal Results
In The Preservation Of None
.”

Posted at 10:32 AM by Howard Bashman



“Al Franken Overrules Antonin Scalia”: John Nichols has this post at his blog “The Online Beat,” hosted by The Nation.

Posted at 9:58 AM by Howard Bashman



“Pa. Supreme Court expenses reviewed; But tighter rules on justices’ spending may not save money”: This article appears today in The Pittsburgh Post-Gazette.

Posted at 7:30 AM by Howard Bashman



“Justices Reject F.B.I. Translator’s Appeal on Termination”: Linda Greenhouse has this article today in The New York Times, along with an article headlined “Justices Agree to Consider EBay Appeal in Patent Case.”

The Washington Post reports today that “Supreme Court Will Hear eBay Appeal.”

The Toledo Blade reports that “Richey death sentence is reinstated; U.S. Supreme Court sides with Ohio in 1986 arson murder case.”

The Lima News reports that “Supreme Court reinstates death penalty against Richey.”

And The Wilmington News Journal reports that “Supreme Court to rule on gas pier; Del. says N.J. plant would be on its turf.”

Posted at 7:25 AM by Howard Bashman



“Offering Abortion, Rebirth: Yes, an Arkansas doctor says, he destroys life; But he believes the thousands of women who have relied on him have been ‘born again.'” This lengthy front page article appears today in The Los Angeles Times.

Posted at 7:12 AM by Howard Bashman



“Alito Sided With Federal Authorities; The high court nominee, in 1986 memos, said the FBI could investigate government employees and the IRS could secretly record talks”: David G. Savage has this article today in The Los Angeles Times.

The New York Times reports today that “Alito Memos Supported Expanding Police Powers.”

The Boston Globe reports that “Alito, in ’80s, had an expansive view of police powers; Voiced stance under Reagan.”

The Chicago Tribune contains an article headlined “Should Alito’s philosophy be fair game? Foes agree nominee is `bright, capable,’ but not acceptable.”

The Newark (N.J.) Star-Ledger reports that “Alito said FBI reach trumped 2 courts; Justice Dept. releases his opinions from ’80s.”

And The New York Sun reports that “The City Council Eyes Resolution Opposing Alito.”

In commentary, The St. Petersburg Times contains an editorial entitled “Follow the leader: Supreme Court nominee Samuel Alito has shown conspicuous deference to lower courts and a reluctance to recognize racial discrimination.”

In The Washington Times, John R. Lott Jr. has an op-ed entitled “Biden’s risky business.”

And in The Philadelphia Daily News, columnist John Baer has an op-ed entitled “Arlen sticks to the points, etc.

Posted at 7:00 AM by Howard Bashman



Monday, November 28, 2005

“’86 Alito Memo Argues Against Foreigners’ Rights; Work for Justice Dept. Points to Views That May Affect Anti-Terrorism Rulings on High Court”: This article will appear Tuesday in The Washington Post.

Posted at 11:30 PM by Howard Bashman



In news from Great Britain: Tuesday’s edition of The Times of London reports that “Death-row Scot’s appeal overturned by Supreme Court.”

Tuesday’s edition of The Scotsman reports that “Richey thrown back on Death Row.”

Tuesday’s edition of The Independent (UK) reports that “Briton could return to death row after US court overrules decision.”

Tuesday’s edition of The Telegraph (UK) reports that “Supreme Court blocks ruling on death row Briton.”

And Tuesday’s edition of The Guardian (UK) reports that “Death row Scotsman’s conviction is upheld.”

Posted at 10:15 PM by Howard Bashman



“Gambling foes lose big hand; U.S. Supreme Court declines to hear suit challenging New York State’s right to OK casinos on Indian land”: This article will appear Tuesday in Newsday.

Posted at 10:01 PM by Howard Bashman



“Lethal landmark for America’s death penalty; Tomorrow will mark the 1,000th execution since 1977”: This article appears in Tuesday’s edition of The Telegraph (UK).

Posted at 9:55 PM by Howard Bashman