How Appealing

Friday, January 27, 2006

“Bush Presses On in Legal Defense for Wiretapping”: Eric Lichtblau and Adam Liptak will have this article Saturday in The New York Times.

Posted at 11:28 PM by Howard Bashman

“Judge to Remain in Terrorism Trial”: The New York Times today contains an article that begins, “A federal appeals court yesterday rejected an attempt by prosecutors to oust a judge from a terrorism case, dismissing the government’s argument that the judge, Shira A. Scheindlin, was biased in favor of the defendant.”

Posted at 11:24 PM by Howard Bashman

Available online from Marcia Coyle reports that “Alito’s ‘Murder Board’ a Mix of the Legal Elite; Ted Olson, Harriet Miers on rehearsal staff.”

Tony Mauro reports that “Political Spotlight Shines on Judicial Ethics; Justice Antonin Scalia’s participation in Federalist Society seminar raises some questions.”

An article reports that “N.Y. Federal Judge Keeps Terror Trial Over Removal Request; Panel rules Scheindlin acted within discretion.”

In news from Georgia, “Courthouse Shooting Victims’ Suits Hinge on Issue of Sheriff’s Employment.”

In news from Texas, “The Big Show: Jury Selection Crucial Element in Imminent Lay-Skilling Trial; Voir dire begins today amid judge’s assurances of a fair trial in Houston.”

And the brand new installment of my weekly column is entitled “Redact This: Preserving Secrets on Appeal in the Digital Age.”

Posted at 10:05 PM by Howard Bashman

En banc Fifth Circuit, by a vote of 9-7, holds that federal agriculture disaster payments, enacted by Congress to compensate farmers for crops planted but destroyed by drought or flood, are not included within a farmer’s Chapter 7 bankruptcy estate when the federal law was enacted after the bankruptcy filing: You can access today’s en banc ruling at this link. The Fifth Circuit’s new chief judge wrote the dissenting opinion. The Fifth Circuit’s former chief judge did not participate in the en banc ruling, perhaps because her husband was author of the three-judge panel’s ruling.

Posted at 9:35 PM by Howard Bashman

“Don’t Ask, Don’t Tell, Don’t Recruit; University liberals clash with military recruiters’ policy against openly gay soldiers”: The Guardian of the University of California, San Diego contained this article yesterday.

Also yesterday, The San Francisco Chronicle contained an op-ed by Law Professor Lawrence C. Levine entitled “‘Don’t ask, don’t tell’ policy open to First Amendment challenge.”

And earlier this month, columnist Peter A. Brown had an op-ed entitled “Pentagon, academia need to make up” in The Orlando Sentinel.

Posted at 6:05 PM by Howard Bashman

“Homeowners divided over land seizure; A small Palm Beach County town is embroiled in a bitter fight over whether economic redevelopment trumps the rights of private property owners”: This article appears today in The Miami Herald.

Posted at 5:40 PM by Howard Bashman

“Democrats Squabble Over Alito Filibuster”: The Associated Press provides a report that begins, “Long-smoldering Democratic dissension flared openly Friday as liberals sought support for a last-minute filibuster of Supreme Court nominee Samuel Alito against the advice of leaders worried about a backlash in the 2006 elections.”

Posted at 5:28 PM by Howard Bashman

“Hatch’s tax woes remain unsettled; A spokesman for the U.S. Attorney’s office says in similar tax-evasion cases, a defendant ‘has to pay all the taxes he owes'”: This article appears today in The Providence (R.I.) Journal.

Posted at 4:40 PM by Howard Bashman

“Conrad Says ‘No’ to Filibuster; Senator Meets Again With Supreme Court Nominee Judge Samuel Alito”: U.S. Senator Kent Conrad (D-ND) issued this statement today. In it, Senator Conrad states, “Based on today’s meeting, I am leaning in favor of voting for Judge Alito.”

Posted at 4:20 PM by Howard Bashman

“It’s best not to mock a judge on the Internet after he’s dealt with you; He might just call you back into his court, then toss you in jail”: “Obscure Store” points to this article published today in The Detroit Free Press.

Posted at 12:40 PM by Howard Bashman

Liberty Mutual’s second attempt to remove lawsuit to federal court under Class Action Fairness Act of 2005 fares better than its first in the Seventh Circuit: Circuit Judge Frank H. Easterbrook has issued this opinion today on behalf of a unanimous three-judge panel. Back in June 2005, on behalf of a somewhat different three-judge panel, Judge Easterbrook issued an opinion in the same case refusing to review the federal district court’s earlier refusal to permit removal of the case to federal court.

Posted at 12:20 PM by Howard Bashman

“Boxer X appeals the dismissal, pursuant to 28 U.S.C. §1915A, of his civil rights action under 42 U.S.C. §1983 against Angela Harris, a guard at his Georgia prison, who, according to the complaint, made him strip and masturbate for her enjoyment.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today. Accepting the prisoner’s factual allegations as true, the court today reinstates the lawsuit because the plaintiff “has stated a claim under our privacy jurisprudence and for retaliation under the First Amendment.”

Posted at 11:54 AM by Howard Bashman

“Bredesen has shot to shape high court; Retirements let governor name 3 of 5 justices”: The Tennessean today contains an article that begins, “With two Tennessee Supreme Court justices announcing their resignation this week, Gov. Phil Bredesen has the rare opportunity to select a majority of the court within one year.”

Posted at 7:15 AM by Howard Bashman