How Appealing

Thursday, January 12, 2006

Available online from An article reports that “In Closely Watched Case, 9th Circuit Rejects Yahoo’s Free Speech Argument; Case deals with unfamiliar ground involving Internet commerce’s reach and disparities among different countries’ laws.”

Justin Scheck reports that “Creative Deal Fails to Win Lawyer Fees at 9th Circuit.”

And an article headlined “N.Y. Court Rejects Employers’ Challenge to Contraception Law” reports on a ruling that the New York State Supreme Court, Appellate Division, 3rd Department, issued today.

Posted at 11:05 PM by Howard Bashman

“A Fallen Judge Rethinks Crime and Punishment”: The New York Times on Friday will contain an article that begins, “His last night behind bars, Roland Amundson was sitting in the prison library when he felt the large shadow of someone standing over him.”

Posted at 10:04 PM by Howard Bashman

“Democrats frown on judges’ testimony; Seven of Alito’s colleagues speak at Supreme Court hearing”: provides this report.

Posted at 9:03 PM by Howard Bashman

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Senate Panel Concludes Questioning of Alito” (featuring Nina Totenberg); “Analysis of Day Four of Alito Hearings” (featuring Law Professors Douglas Kmiec and Jeffrey Rosen); and “DNA Test Confirms Guilt of Man Executed in Virginia.”

Today’s broadcast of “Talk of the Nation” contained a segment entitled “Alito Confirmation Hearings Wind Down” featuring Law Professor Noah Feldman.

And today’s broadcast of “Day to Day” contained segments entitled “Alito Faces Third Day of Questioning by Senate Panel” and “Alito and Abortion Rights: A Pro-Choice Perspective.”

RealPlayer is required to launch these audio segments.

Posted at 8:44 PM by Howard Bashman

“Is It Over Yet? The Alito hearings have produced little of substance; No wonder critics are questioning the system.” Martha Brant has this essay today online at Newsweek.

Posted at 8:38 PM by Howard Bashman

Transcript and video of day four of the Alito confirmation hearing: Via The New York Times, you can access the transcript here.

And via C-SPAN, you can access the video in two parts: part one; part two (RealPlayer required).

Posted at 8:30 PM by Howard Bashman

“Confirmation hearings end with Alito expected to be confirmed”: James Kuhnhenn and Stephen Henderson of Knight Ridder Newspapers provide this report.

Posted at 8:25 PM by Howard Bashman

In Friday’s edition of The Christian Science Monitor: Warren Richey will have an article headlined “Cautious Alito follows Roberts’s script in quest for Supreme Court spot; Nominee shows his grasp of the Constitution but stays tight-lipped on key issues dividing Americans.”

And tomorrow’s newspaper will also contain an article headlined “After setback, what’s next for vouchers? A Florida court ruling that a statewide voucher system must be dismantled dealt a blow to advocates nationwide.”

Posted at 7:05 PM by Howard Bashman

“Biden: I should have asked more questions; Del. senator spoke longer than nominee Alito.” The Wilmington News Journal today contains an article that begins, “After a day of nonstop ribbing from his colleagues and the national media, Sen. Joe Biden was ready to admit Wednesday that he should have done less talking and more listening during his questioning of Supreme Court nominee Samuel Alito.”

Posted at 6:00 PM by Howard Bashman

“The Constitutional Catechism”: At “Balkinization,” Jack Balkin has a post that begins, “The Alito hearings make clear that at this point in American constitutional history, a Supreme Court nominee must recite a catechism of belief if he or she is to be confirmed.”

Posted at 5:50 PM by Howard Bashman

“Attorneys for Angelos vow to keep fighting sentence”: Yesterday’s edition of The Deseret Morning News contained an article that begins, “Attorneys for a 26-year-old man, convicted and sentenced to serve 55 years for selling marijuana with a firearm, said they will keep fighting the sentence and expect to take the case to the U.S. Supreme Court.” (Via “Sentencing Law and Policy“).

Posted at 5:35 PM by Howard Bashman

“Capano death penalty overturned; Delaware Supreme Court ruling could lead to life in prison; victim’s family will have say in whether to relive penalty phase”: The News Journal of Wilmington contains this article today. The newspaper also contains related articles headlined “Jurors less likely to vote for execution; Exonerations based on DNA evidence turned tide since 1990s“; “Brother: ‘Important thing’ is he’s behind bars; Robert Fahey says family has become numb to legal twists“; “Ruling brings back grim memories; Trial riveted the attention of Delawareans, led to several books and national television shows“; “Case fascinated with sex, wealth, betrayal“; “11-1 decision ‘should stand,’ says juror“; and “Many in Del. say new jury may be hard to find.”

And The Philadelphia Inquirer reports today that “Capano death sentence rejected; The lawyer who killed his girlfriend could get a new penalty trial; Judges cited a 2002 Supreme Court ruling.”

My earlier coverage is here.

Posted at 5:20 PM by Howard Bashman

“White House Asks High Court to Toss Appeal”: The Associated Press provides a report that begins, “The Bush administration asked the Supreme Court on Thursday to dismiss an appeal by a terror suspect held at the U.S. naval base at Guantanamo Bay.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Government asks Court to dismiss Hamdan.”

Posted at 4:30 PM by Howard Bashman

Fourth Circuit holds that individual employees of a privately operated prison are not subject to Eighth Amendment liability under Bivens v. Six Unknown Named Agents for allegedly providing inadequate medical care to a federal inmate: You can access today’s ruling at this link.

Posted at 4:11 PM by Howard Bashman

“DNA Tests Confirm Guilt of Executed Man”: The Washington Post provides a news update that begins, “DNA tests released this afternoon confirmed the guilt of a Virginia man who had proclaimed his innocence in a slaying and rape even as he was strapped into the state’s electric chair in 1992.”

And The Richmond Times-Dispatch provides a news update headlined “Tests reaffirm Coleman’s guilt; Gov. Warner announces results of new DNA testing.”

You can view the DNA report at this link.

Posted at 3:45 PM by Howard Bashman

Ninth Circuit rejects military reservist’s challenge to the President’s stop-loss authority to require active duty for a period longer than the reservist’s enlistment: Today’s ruling in Doe v. Rumsfeld can be accessed here.

Posted at 2:10 PM by Howard Bashman

Splintered eleven-judge en banc Ninth Circuit panel orders the dismissal of Yahoo! Inc.’s lawsuit seeking to protect that company against a French court’s order forbidding auctions of Nazi memorabilia: Today’s en banc ruling of the U.S. Court of Appeals for the Ninth Circuit can be accessed here. Back in March 2005, I linked here to press coverage of the en banc oral argument and here to the audio recording of that oral argument.

The lead en banc opinion concludes, “When the votes of the three judges who conclude that the suit is unripe are combined with the votes of the three dissenting judges who conclude that there is no personal jurisdiction over LICRA and UEJF, there are six votes to dismiss Yahoo!’s suit.” It is interesting that on an eleven-judge panel, two distinct minority positions can combine to control the result.

A copy of Yahoo!’s complaint initiating the lawsuit can be accessed here. Back in August 2004, a divided three-judge Ninth Circuit panel, in an opinion you can access here, also decided that the lawsuit could not proceed. In coverage of that ruling, reported that “On Appeal, Anti-Nazi Groups Topple Yahoo; Dissent would have granted jurisdiction.” And an article reporting on the oral argument before the three-judge panel was headlined “French Order Is Greek to 9th Circuit.”

Posted at 1:50 PM by Howard Bashman

“Judges Graze the Political Fray; Testifying for Alito Seems Deft Move But May Be Risky Business”: Brent Kendall has this article today in The Daily Journal of California.

Posted at 1:40 PM by Howard Bashman

“FAIR case may end in defeat”: The Yale Daily News yesterday contained an article that begins, “Several universities receiving federal funding, including Yale, are planning for the possibility that they may be compelled to facilitate military recruiting at their law schools, after a tough questioning at a Supreme Court hearing last month left observers doubting that the schools will be able to deny help on the basis of their anti-discrimination policies.”

Posted at 11:50 AM by Howard Bashman