How Appealing

Monday, December 19, 2005

“Actually, I was going to stay in my office tonight and work on my law blog.” That bit of dialogue was spoken by Bob Loblaw, portrayed by actor Scott Baio, on this evening’s episode of FOX’s “Arrested Development.” As a result, tonight the blog “Decision of the Day” is receiving a few more visits than usual. Of course, the “Bob Loblaw’s Blawg” joke was anticipated even before the “Decision of the Day” blog sprung into existence with a post about dirty dancing.

Posted at 11:35 PM by Howard Bashman

Available online from Justin Scheck reports that “9th Circuit Split Dropped in Congress.”

Tony Mauro reports that “Alito Speeches Reveal a Warmer, Wittier Nominee.” The article links to the texts of the speeches discussed in the article.

In other news, “High Court Will Hear Mohawk’s Bid to Toss RICO Suit by Employee; Carpet workers claim company hired illegal aliens to drive wages down.”

And Shannon P. Duffy reports that “Dismissal of $4.6 Billion Merck Securities Case Affirmed.”

Posted at 11:20 PM by Howard Bashman

“RIM Chairman Hails Patent Office Decision”: The Associated Press provides a report that begins, “Research In Motion’s chairman says he’s heartened that the U.S. patent office is moving faster in re-examining patents at the crux of the bitter legal battle over his company’s pioneering BlackBerry wireless e-mail service.”

Posted at 11:14 PM by Howard Bashman

“Young Killer Is Ruled Competent; Lawyers Acknowledge His Ruse”: The New York Times on Tuesday will contain an article that begins, “A youth convicted in 2001 of stomping a 6-year-old playmate to death was ruled mentally competent on Monday for a hearing to determine whether he is returned to prison, perhaps for life. The ruling followed his lawyers’ acknowledgment that he had faked being suicidal.”

Posted at 11:05 PM by Howard Bashman

“How Long Does it Take to Litigate a Supreme Court Case?” At the “Crime & Federalism” blog, Mike Cernovich has this post about the counsel fee application in the Michigan interstate wine shipment case. Chances are that the application doesn’t even seek reimbursement for all the wine that had to be consumed in order to properly understand and research the questions presented.

Posted at 10:55 PM by Howard Bashman

“President Nominates Former Idaho GOP Chair to Ninth Circuit”: This article appears today in the Metropolitan News-Enterprise. My earlier post about the nomination is here.

Posted at 5:48 PM by Howard Bashman

“Yale Law Students and Faculty Issue Report on Judge Alito’s Record”: “ACSBlog” offers this post. The report of the “Alito Project at the Yale Law School” can be accessed here.

Posted at 5:45 PM by Howard Bashman

“Past rulings don’t support Bush’s use of war powers”: Today in The Boston Globe, Charlie Savage has an article that begins, “President Bush’s assertion that his powers as commander in chief allowed him to authorize wiretaps on Americans despite a 1978 wiretapping law has little support in past Supreme Court rulings.”

And at “The Volokh Conspiracy,” Orin Kerr has a lengthy post titled “Legal Analysis of the NSA Domestic Surveillance Program.”

Posted at 5:12 PM by Howard Bashman

“Cox appoints special prosecutor in Fieger case”: The Detroit Free Press provides a news update that begins, “Michigan Attorney General Mike Cox, acting on the recommendation of a group of career county prosecutors, has named a former prosecutor from the Upper Peninsula to take over a criminal investigation of firebrand attorney Geoffrey Fieger. Patrick Shannon, 54, who served 18 years as prosecutor in Chippewa County, said he will start from scratch on the inquiry into whether a series of attack ads in the 2004, paid for anonymously by Fieger, violated the law.”

And The Detroit News provides an update headlined “Cox appoints independent counsel to conduct Fieger investigation.”

Posted at 5:08 PM by Howard Bashman

“Paso City Council to consider ‘In God We Trust’; It is apparently the only city in the county looking at putting the saying in the City Council chambers”: Yesterday’s edition of The San Luis Obispo Tribune contained this article.

Posted at 5:00 PM by Howard Bashman

“Hey, teacher, leave those kids alone”: An article in this past Saturday’s issue of The Weekend Australian reports, “In the US, a rash of high-profile cases involving female teachers and their teen lovers has led to a raging debate over whether a double standard applies when it comes to the way society, the media and the courts view sexual misconduct and the web of ethical, moral and legal issues involved.”

Posted at 4:54 PM by Howard Bashman

“Failure to Communicate”: At the blog “Scrivener’s Error,” C.E. Petit has a post that begins, “A very disturbing story in the Honolulu Star-Bulletin reflects both considerable distrust for and considerable ignorance about judicial decisionmaking.”

Posted at 4:50 PM by Howard Bashman

“Alito: A Likely Vote to Approve Presidential Power to Eavesdrop on Americans?” The organization People For the American Way issued this statement today.

Posted at 4:20 PM by Howard Bashman

“Ninth Circuit Appellate Court asked to Reconsider its Ruling that it is OK For Public Schools To Teach Seventh Graders ‘To Become Muslims'”: The Thomas More Law Center issued this press release today.

Posted at 4:15 PM by Howard Bashman

“ACLU to appeal Quran ruling”: Friday’s edition of The News-Record of Greensboro, North Carolina contained an article that begins, “Officials with the American Civil Liberties Union of North Carolina said Thursday that they will appeal last week’s ruling regarding courtroom oaths. The ACLU had filed a lawsuit on behalf of its roughly 8,000 members asking the court to clarify that state law allows people to use non-Christian religious scriptures for oath-taking.”

In earlier coverage, the newspaper reported two Fridays ago that “Judge throws out Quran suit.”

Posted at 4:05 PM by Howard Bashman

“Governor to nominate Baldwin to Pennsylvania Supreme Court”: The Pennsylvania State University has issued a press release that begins, “Cynthia A. Baldwin, chair of the Penn State Board of Trustees, will be nominated to the Pennsylvania Supreme Court next month by Governor Edward G. Rendell. Baldwin, the first elected African-American female judge on the Allegheny County Court of Common Pleas, would replace sitting Justice Russell Nigro pending Senate confirmation. The appointment would be for two years, after which the seat would become open for election to a 10-year term.”

Posted at 2:44 PM by Howard Bashman

“Lionel Tate ruled competent to face probation violation charges”: The South Florida Sun-Sentinel provides a news update that begins, “Lionel Tate is competent to face probation violation charges that could send him away to prison for life, a judge ruled on Monday. Tate’s attorneys said that the convicted child killer had fallen under the sway of another inmate who advised him to feign mental illness.”

And The Associated Press reports that “Judge Rules Fla. Teen Killer Competent.”

Posted at 2:40 PM by Howard Bashman

Not just any old Alito opinion: Third Circuit Judge Samuel A. Alito, Jr. issued this opinion today on behalf of a unanimous three-judge panel.

The opinion rules in favor of the little guys against big business in a case involving Article III’s standing requirement. The decision even contains a catchy soundbite: “Injury-in-fact is not Mount Everest.”

Posted at 2:30 PM by Howard Bashman

“Everybody wrong on recruiting”: Today in The Athens Banner-Herald, Law Professor Jim Ponsoldt has an op-ed that begins, “As both a former naval reserve officer and a law professor, I was surprised to find that, for the most part, I agreed with the Athens Banner-Herald’s Dec. 8 editorial opposing policies at some law schools prohibiting the military from recruiting students on campus.”

And yesterday, The Toledo Blade published a Solomon Amendment-related editorial entitled “A war of words.”

Posted at 12:35 PM by Howard Bashman

“Trial’s weight hinges on ruling; Outcome of a hearing today dictates whether Passaro’s trial is high-profile or routine”: This past Friday’s edition of The Raleigh News & Observer contained an article that begins, “If former CIA contractor David Passaro gets a federal judge to rule his way, U.S. Attorney General Alberto Gonzales, CIA Director Porter Goss and others could be testifying at his trial, which Passaro hopes will prove he was authorized to beat an Afghan detainee.”

And on Saturday, the newspaper published an article headlined “Passaro claim termed bogus; Prosecutor: No CIA authorization.”

Posted at 12:33 PM by Howard Bashman

Pennsylvania-based federal district court has announced that it will issue its ruling tomorrow in the intelligent design case captioned Kitzmiller, et al. v. Dover School District, et al. Key court filings in the case can be accessed here via the web site of the U.S. District Court for the Middle District of Pennsylvania.

Yesterday, as I previously noted here, The New York Times published this profile of the trial judge. And yesterday’s edition of The York Sunday News contained an article headlined “Judge’s ruling in Dover case nears.” The York Daily Record’s archive of coverage about the dispute and the litigation can be accessed here.

Posted at 11:33 AM by Howard Bashman

“Patent Challenge to Pfizer Is Rejected”: Saturday’s edition of The New York Times contained an article that begins, “A federal judge yesterday rejected a patent challenge to Lipitor, a cholesterol-lowering medicine from Pfizer that is the world’s top-selling drug.” You can access Friday’s ruling of the U.S. District Court for the District of Delaware at this link.

In more recent coverage, The Associated Press provides reports headlined “Pfizer Shares Rise on Lipitor Patent Win” and “Ranbaxy Shares Drop on Losing Patent Case.” Reuters reports that “Court Rules for Pfizer in Lipitor Patent Case.”

Financial Times reports today that “Pfizer shares rise 12% after ruling.” The Economic Times of India contains an article headlined “Will this bitter pill cost Ranbaxy dear?” And the Indo-Asian News Service reports that “Ranbaxy to appeal US court decision on Pfizer patents.”

Additional background on the case can be found today in Crain’s Detroit Business via an article headlined “Drug war: Lipitor creator Roger Newton and Pfizer face a challenge to their patent, but they are ready to fight.”

Posted at 10:25 AM by Howard Bashman

“Eminently important rights: Ohio Supreme Court can protect private property owners”: David J. Owsiany had this op-ed yesterday in The Akron Beacon Journal.

Posted at 10:04 AM by Howard Bashman

In today’s edition of The Toronto Globe and Mail: An article headlined “Ottawa can eavesdrop on Canadians under law” begins, “Canada’s anti-terrorism law opened the door to secret eavesdropping on Canadians and others inside Canada, the same kind of activity that is causing a furor in the United States, intelligence and legal experts say.”

And the law professor who received a $12,000 (Canadian) cell phone bill for calls she didn’t make is the subject of a front page article headlined “$12,000 bill forgiven, Rogers will come to tea.”

Posted at 9:54 AM by Howard Bashman