How Appealing



Wednesday, December 7, 2005

“Hoax Case Turned On Court Docket; Police Compared Bomb Calls, Case Lists”: The Hartford Courant today contains an article that begins, “Javier Rodriguez didn’t want to drive to Superior Court in Danielson last Friday morning – his driver’s license had been suspended. And he had already been convicted five times of failing to appear in court. So instead of risking another arrest, he told police, he called in a series of bomb threats.”

I previously collected press coverage of last Friday’s bomb threat-related closure of Connecticut’s judicial system at this link.

Posted at 9:44 AM by Howard Bashman



“Michael Schiavo joins the fray; Terri Schiavo’s husband starts a PAC devoted to defeating the Bible-thumping politicians who used his comatose wife as a football”: Michael Scherer has this report today at Salon.com.

Posted at 9:40 AM by Howard Bashman



“N.Y. Court Ruling Raises Hopes on Eminent Domain”: The New York Sun today contains an article that begins, “Property owners angered by the Supreme Court’s decision this year that the government can seize their homes and businesses received a psychological boost when a federal appeals court ruled that a New York village had overstepped its eminent domain authority.”

Monday’s ruling of the U.S. Court of Appeals for the Second Circuit can be accessed here.

Posted at 7:20 AM by Howard Bashman



“Why Did the Fourth Circuit Suggest it Might Vacate its Decision In the Case of Alleged Dirty Bomb Conspirator Jose Padilla?” Jennifer Van Bergen has this essay online today at FindLaw.

Posted at 7:04 AM by Howard Bashman



“Supreme Court Weighs Military’s Access to Law Schools”: Linda Greenhouse has this article today in The New York Times.

David G. Savage of The Los Angeles Times reports today that “Military Recruiting Bans Seem Doomed; The high court frowns on law schools’ claims that free speech and gay rights would be violated.”

Jan Crawford Greenburg of The Chicago Tribune reports that “Justices lean to recruiter access; Schools’ objections based on ‘don’t ask’ seem a hard sell.”

Joan Biskupic of USA Today reports that “Pentagon’s case gets sympathies.”

Michael McGough of The Pittsburgh Post-Gazette reports that “Supreme Court justices skeptical on recruiting ban; Law schools resist military on gays.”

Allen Pusey of The Dallas Morning News reports that “Justices frown on barring military recruiting on campus; Ban on gays is contrary to anti-bias policies, law schools tell high court.”

The Houston Chronicle reports that “High court appears to back campus military recruiters; It’s the first major gay-rights issue heard by the justices since the 2003 Texas case.”

The Boston Globe reports that “High court hears campus recruiting case; Schools want right to bar the military over stance on gays.”

The Daily Record of Parsippany, New Jersey reports that “Morris lawyer bolstered case for military recruiters; Dispute could decide future of activities on college campuses.”

The Harvard Crimson contains articles headlined “Court Seems Ready To Uphold Solomon Law; Justices slam schools’ free speech claims; only Souter is likely to vote for FAIR“; “HLS Students Predict Loss for FAIR; Listening to audio recording, crowd at Harkness gauges that free speech claims failed“; and “Protesters Clash Outside High Court; GodHatesFags.com faces off against gay rights groups on courthouse steps.”

The Yale Daily News reports that “Supreme Court hears JAG arguments.”

The Columbia Spectator reports that “Supreme Court Hears Solomon Amendment Case.”

And The Daily Pennsylvanian reports that “Military recruiting law fiercely argued at Supreme Court; Solomon Amendment continues to incite university responses.”

Posted at 6:40 AM by Howard Bashman



Tuesday, December 6, 2005

“Striking Down the Solomon Amendment on Military Recruiting: A Hollow Victory at the Expense of Our Military.” You can access at this link my op-ed published in January 2005 in The Chronicle of Higher Education.

Posted at 9:15 PM by Howard Bashman



“Law Schools Against Free Speech: The Supreme Court considers military recruitment on campus.” Dahlia Lithwick has this Supreme Court dispatch online at Slate. Her essay concludes, “You want the truth? You can’t handle the truth. The law schools have no case.”

Posted at 9:08 PM by Howard Bashman



But if the unarmed suspect had cancer, then the police wouldn’t have violated the Fourth Amendment by shooting him dead: A reader emails:

In today’s First Circuit opinion of Whitfield v. Melendez-Rivera, the First Circuit quotes the seminal Supreme Court excessive force case, Tennessee v. Garner, 471 U.S. 1 (1985), for the proposition that “A police officer may not seize an unarmed, noncancerous suspect by shooting him dead.” See slip op. at 15.

Of course, it’s supposed to read “nondangerous”

The typo appears here. And the Supreme Court’s ruling in Tennessee v. Garner is here.

Posted at 7:10 PM by Howard Bashman



“Administration objects to story describing Alito as conservative”: Ron Hutcheson of Knight Ridder Newspapers provides this report.

Posted at 7:02 PM by Howard Bashman



“Justices Skeptical of Free Speech Argument in Solomon Case; Statement by FAIR lawyer may have dealt blow to gay rights activists”: Daniel J. Hemel has this news update online at The Harvard Crimson.

Posted at 7:00 PM by Howard Bashman



“Review of cases shows Alito to be staunch conservative”: Stephen Henderson of Knight Ridder Newspapers appeared on yesterday’s broadcast of C-SPAN‘s “Washington Journal” to discuss his recent article, co-written with Howard Mintz, headlined “Review of cases shows Alito to be staunch conservative.” You can access the video by clicking here (RealPlayer required).

This morning’s broadcast of “Washington Journal” offered a counterpoint in a segment (RealPlayer required) entitled “Rachel Brand, Asst. Atty. Gen., Office for Legal Policy.”

Posted at 5:23 PM by Howard Bashman



“Man Held In Court Bomb Threats; Willimantic Resident Faces Terrorism Charges”: The Hartford Courant today contains an article that begins, “A Willimantic man who police said emptied judicial buildings across the state Friday by calling in a series of bomb threats from a pay phone to avoid a court appearance was arrested on terrorism charges Monday.”

And The Associated Press reports that “Conn. Man Wanted to Avoid Court Appearance.”

Posted at 4:48 PM by Howard Bashman



“Court Debates Allowing Domino’s Suit”: The Associated Press provides a report that begins, “In a case that could affect lawsuits alleging discrimination in contracting, a Nevada businessman urged the Supreme Court Tuesday to let him sue Domino’s Pizza for racial discrimination even though the chain did not have a contract with him individually.”

Posted at 4:42 PM by Howard Bashman



“The Snow Man: This Christmas, conservatives try to escape the Ghost of Alito’s Past.” Bruce Reed has this post at Slate’s “The Has-Been.”

Posted at 4:40 PM by Howard Bashman



“Slate’s Jurisprudence: Challenging ‘Don’t Ask, Don’t Tell.'” This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR’s “Day to Day.”

Posted at 4:18 PM by Howard Bashman



“This case displays a dark side of our nation’s policy in favor of arbitration.” The U.S. Court of Appeals for the Ninth Circuit today confronted a case in which an employer required its employees to agree to arbitrate employment-related claims, then refused to arbitrate claims filed by a dismissed employee, and then demanded arbitration after the employee sued the employer in court. In today’s ruling, the Ninth Circuit held that “when an employer enters into an arbitration agreement with its employees, it must itself participate in properly initiated arbitration proceedings or forego its right to compel arbitration.”

Posted at 3:33 PM by Howard Bashman



“Gay rights and military recruiting clash in court; Supreme Court hears arguments over recruiters’ access to law schools”: Tom Curry, national affairs writer for MSNBC, provides this report.

Posted at 3:10 PM by Howard Bashman



“Supreme Court Oral Argument: Rumsfeld v. Forum for Academic & Institutional Rights.” C-SPAN has made this morning’s oral argument available online, on demand at this link (RealPlayer required).

The latest update from Gina Holland of The Associated Press is headlined “Justices Hear Military Recruiting Case,” and it begins, “The Supreme Court appeared ready Tuesday to uphold a law that says colleges cannot turn away military recruiters in protest of the Pentagon’s policy on gays if the universities also want to receive federal money.”

James Vicini of Reuters reports that “Most Supreme Court justices back campus recruiting.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Solomon Amendment likely to survive.”

Posted at 2:40 PM by Howard Bashman



“Endangering Roe: There are many — and subtle — clues to an Alito court in Ayotte v. Planned Parenthood.” Scott Lemieux has this essay online at The American Prospect.

Posted at 10:54 AM by Howard Bashman