How Appealing



Monday, December 19, 2005

“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



“Hawaiian group says court fails in dispute; Hui Malama believes federal judges do not understand traditions and cannot rule fairly”: The Honolulu Star-Bulletin on Saturday contained an article that begins, “A native Hawaiian group decried yesterday that ‘deeply felt cultural issues’ involving 83 artifacts reburied on the Big Island are being decided ‘in a Western court’ that has no understanding of Hawaiian traditions.”

Posted at 9:40 AM by Howard Bashman



“Leaders in Congress OK Cuts to Budget; Lawmakers agree to slash $41.6 billion and to attach an Arctic drilling measure to a defense bill”: An article in today’s edition of The Los Angeles Times reports that “House and Senate negotiators also rejected an effort to include in the budget-cutting bill a measure to split the San Francisco-based U.S. 9th Circuit Court of Appeals into two benches.”

And in yesterday’s issue of The Orange County Register, Steven Greenhut had an op-ed entitled “Split decision — Some conservatives want to split up the notoriously liberal 9th U.S. Circuit Court of Appeals, to which we say: Be careful what you wish for.”

Posted at 9:35 AM by Howard Bashman



“Wikipedia’s Woes: Tumultuous Weeks for Internet Encyclopedia Bring Furor Over Anonymity, Accountability.” Jason Fry has this Real Time essay (free access) today at The Wall Street Journal Online.

Posted at 7:10 AM by Howard Bashman



“DNA Evidence: Man seeks DNA test to clear him in killing.” This article, the second in a three-part series, appears today in The Pittsburgh Post-Gazette.

Posted at 6:58 AM by Howard Bashman



Sunday, December 18, 2005

In Monday’s edition of The New York Times: An article will report that “Once-Lone Foe of Patriot Act Has Company.”

And reporter Kurt Eichenwald will have a series of articles about the business of online child pornography. The articles are headlined “Through His Webcam, a Boy Joins a Sordid Online World“; “A Shadowy Trade Migrates to the Web“; “Where the Credit Card Trail Leads“; “Documenting a Crime That Thrives on Anonymity“; and “Making a Connection With Justin.”

Posted at 11:58 PM by Howard Bashman



“DNA Evidence: Convicts find DNA tests to be tough sell to judges.” This article, the first in a three-part series, appears today in The Pittsburgh Post-Gazette.

Posted at 10:20 PM by Howard Bashman



The Detroit News is reporting: Today’s newspaper contains an article headlined “Wine fight may cost state $1M; Mich. wineries’ attorneys seek payment after Cox says alcohol legislation could lead to more legal fees” that begins, “Lawyers for Michigan’s wine lovers and wineries want the state to pay $1.3 million to cover their legal bills after a six-year legal battle. The request, which includes a bill from former U.S. solicitor general Kenneth Starr for $500 an hour, comes on the heels of a warning by the Michigan attorney general that legislation to reform Michigan’s alcohol laws, signed into law Thursday by Gov. Jennifer Granholm, may be unconstitutional — and could expose the state to further legal bills.”

And today’s newspaper also contains an article headlined “Fieger lawyer expects battle over Cox pick; Fieger lawyer says state attorney general should recuse self from naming a special prosecutor.”

Posted at 10:15 PM by Howard Bashman