How Appealing



Thursday, December 8, 2005

“A victory for Mumia: A court rules that Mumia Abu-Jamal can appeal his murder conviction on three separate grounds.” Dave Lindorff provides this report at Salon.com.

Posted at 10:28 AM by Howard Bashman



“British Court Rules in Torture Case”: The Associated Press provides a report that begins, “Britain’s highest court ruled Thursday that evidence obtained in other countries through torture may not be used in British courts.”

Reuters reports that “Britain’s top court bans ‘torture evidence.’

BBC News reports that “Lords reject torture evidence use; Secret evidence which might have been obtained by torture cannot be used against terror suspects in UK courts, the law lords have ruled.” A BBC News video report can be viewed here (RealPlayer required).

And The Times of London provides a news update headlined “Law Lords rule against use of torture evidence.”

Today’s ruling of the House of Lords can be accessed here.

Posted at 10:15 AM by Howard Bashman



“Two New Bomb Threats Delay Court Openings”: The Hartford Courant today contains an article reporting that yesterday was “the fourth straight business day that bomb threats have closed some courthouses in the state.”

Posted at 9:05 AM by Howard Bashman



“Jamming with the Supremes: Getting a glimpse of Roberts’s first abortion test.” Deirdre Fulton has this essay in the current issue of The Boston Phoenix.

Posted at 7:22 AM by Howard Bashman



“Harvard Profs’ Brief Could Still Sway Court; Statutory argument is last, best hope for opponents of military presence on campus”: Daniel J. Hemel has this article today in The Harvard Crimson.

The Daily Pennsylvanian reports today that “Experts say high court likely to uphold law; Case filed by Penn Law professors could depend on Solomon decision.”

The UCLA Daily Bruin reports that “Court may allow recruiters.”

And the Jewish Telegraphic Agency reports that “Law School Case Pits Gay Rights Against Groups’ Pro-Israel Strategy.”

In commentary, The Los Angeles Times contains an editorial entitled “Flawed legal logic” that remarks, “We are sympathetic to the schools’ impulse to protest the policy, but their constitutional argument is embarrassingly weak.”

In The Chicago Tribune, columnist Steve Chapman has an op-ed entitled “When liberals oppose strong government.”

And The Athens Banner-Herald contains an editorial entitled “Recruitment lawsuit masks real question.”

Posted at 7:15 AM by Howard Bashman



“Committee Democrat Seeks More on Work Alito Did in the 80’s”: The New York Times contains this article today.

The Newark (N.J.) Star-Ledger reports that “Alito record shows doubts about televising Supreme Court.”

Online at The Weekly Standard, Joseph Lindsley has an essay entitled “Alito’s College Days: Reading his senior thesis on the Italian Constitutional Court.”

In The Washington Times, David Limbaugh has an op-ed entitled “The Alito memos.”

In The Boston Globe, columnist Joan Vennochi has an op-ed entitled “Democratic doublespeak.”

And in The Salt Lake Tribune, Jeffrey N. Wasserstein yesterday had an op-ed entitled “Judge Alito is no ideologue.”

Posted at 7:10 AM by Howard Bashman



“Student Debt Collectible by Social Security”: Linda Greenhouse has this article today in The New York Times.

David G. Savage of The Los Angeles Times reports that “School Loans May Bite Into Social Security; The high court rules that the U.S. may take as much as 15% of benefits to pay off federally backed student loans.”

And Michael McGough of The Pittsburgh Post-Gazette has an article headlined “Supreme Court: Unpaid student loans can be withheld from Social Security.”

Posted at 6:40 AM by Howard Bashman



Wednesday, December 7, 2005

“Failed case seen as blow to terror war; But many Muslim-Americans see the acquittal of Sami al-Arian as a vindication of US justice”: Warren Richey will have this article Thursday in The Christian Science Monitor. Earlier today, I collected additional coverage here.

Posted at 5:15 PM by Howard Bashman



Best, as in “most popular”: The 2005 Weblog Awards are now accepting votes (once per day, per computer, per type of web browser) for “Best Law Blog.”

Posted at 4:04 PM by Howard Bashman



“Because the Court does not appear to have developed a ‘coherent or stable conception of the appropriate role of precedent in constitutional adjudication,’ it is difficult to predict when the Court will rely on stare decisis and when it will depart from it.” That’s the conclusion of a recently-issued Congressional Research Service report titled “The Supreme Court’s Overruling of Constitutional Precedent: An Overview.”

Posted at 3:55 PM by Howard Bashman



“Split Decision: Republicans want to break up ‘the 9th Circus,’ the San Francisco-based liberal federal appeals court; Whose side are you on?” The current issue of SF Weekly contains an article that asks, “Are you an apologist for the 9th Circuit? Take our quiz and find out!”

Posted at 3:40 PM by Howard Bashman



“Schiavo forms watchdog PAC; The political action committee will inform voters where politicians stand on end of life issues and promote living wills”: This article appears today in The St. Petersburg Times.

Posted at 3:24 PM by Howard Bashman



“Al-Arian Verdict Deals a Blow To U.S. Anti-Terror Campaign”: Josh Gerstein has this article today in The New York Sun.

The New York Times reports today that “Not Guilty Verdicts in Florida Terror Trial Are Setback for U.S.

The Washington Post contains a front page article headlined “Fla. Professor Is Acquitted in Case Seen as Patriot Act Test.”

The Los Angeles Times reports that “Ex-Professor Acquitted in Patriot Act Test Case.”

The Orlando Sentinel reports that “Al-Arian acquitted on 8 terror counts; Trial tests power of Patriot Act after 9-11.”

The St. Petersburg Times today contains articles headlined “8 times, Al-Arian hears ‘Not guilty’; The former USF professor and his co-defendants relieved after long, complicated case; Jurors can’t decide many counts; ‘Evidence making these guys terrorists just wasn’t there’“; “Verdicts elicit mixed reactions on USF campus“; “As jurors debated verdict, tensions, pressure grew“; and “For family, affirmation has a cost; Sami Al-Arian promised his wife in their early days that their lives might be hard; On Tuesday, it seemed worth it.”

The Tampa Tribune contains articles headlined “No Guilty Verdicts In Al-Arian Trial“; “Even With Acquittal, Al-Arian Unlikely To Return To USF“; and “Muslims Express Pride In Justice System.”

And today’s broadcast of NPR‘s “Morning Edition” contained a segment entitled “Jury Partially Acquits Professor in Florida Terror Trial” (RealPlayer required).

Posted at 3:05 PM by Howard Bashman



“Detainee’s Lawyer Says Captors Foment Mistrust”: Neil A. Lewis has this article today in The New York Times. The detainee in question is Salim Ahmed Hamdan, whose case is pending on the merits before the U.S. Supreme Court.

Posted at 2:54 PM by Howard Bashman



“State high court rejects killer’s bid to practice law”: The Arizona Republic provides a news update that begins, “James Hamm, the convicted murderer who earned a law degree, was denied the right to practice law when the Arizona Supreme Court issued a ruling Wednesday that he had failed to prove he was of good moral character.”

And The Associated Press reports that “Murderer Denied Admission to Bar in Ariz.

You can access today’s ruling of the Supreme Court of Arizona at this link.

Posted at 2:42 PM by Howard Bashman



Three-judge Eighth Circuit panel divides over appropriate remedy after jury in federal civil rights suit involving claim for the use of excessive force during pretrial detention awards plaintiff $75,000 in “nominal damages”: The disagreement between the majority and the dissenter in today’s ruling centers around whether the trial court appropriately reduced the award to $1 or whether a new trial should have been granted.

Posted at 12:04 PM by Howard Bashman



“North Dakota’s narrowly tailored do-not-call statute significantly furthers the state’s interest in residential privacy. The Act does not substantially limit charitable solicitations and is not unconstitutionally overbroad.” A divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit reaches that conclusion in a decision issued today. Today’s decision overturns a district court ruling that struck-down a portion of North Dakota’s do-not-call statute as a content-based regulation that failed strict scrutiny.

Posted at 11:50 AM by Howard Bashman