How Appealing

Thursday, February 2, 2006

“Alito Could Shift Balance on US Supreme Court”: Voice of America News provides this report.

The Bismarck (N.D.) Tribune today reports that “Some Democrats angry with Conrad over Alito vote.”

The Birmingham News contains an editorial entitled “The confirmation of Samuel Alito.”

The San Francisco Chronicle contains an editorial entitled “The Alito factor.”

The Pueblo Chieftain contains an editorial entitled “Mr. Justice Alito.”

The Toledo Blade contains an editorial entitled “The court tilts right.”

Columnist John Brummett of The Arkansas News Bureau has an essay entitled “Mark, Blanche have it neither way.”

In The Oregonian, columnist David Reinhard has an op-ed entitled “The Alito Confirmation.”

And in The Aspen Times, Andy Stone has an essay entitled “Sammy missed the frat party.”

Posted at 10:25 PM by Howard Bashman

“Internet jihad: tackling terror on the Web; A British citizen faces US charges for running a militant site hosted in Connecticut.” This article will appear Friday in The Christian Science Monitor.

Posted at 6:05 PM by Howard Bashman

“Judge Slams Ex-EPA Chief Over Sept. 11”: The Associated Press provides a report that begins, “A federal judge blasted former Environmental Protection Agency chief Christine Todd Whitman on Thursday for reassuring New Yorkers soon after the Sept. 11 attacks that it was safe to return to their homes and offices while toxic dust was polluting the neighborhood. U.S. District Judge Deborah A. Batts refused to grant Whitman immunity against a class-action lawsuit brought in 2004 by residents, students and workers in lower Manhattan and Brooklyn who said they were exposed to hazardous materials from the collapse of the World Trade Center.”

I have posted online at this link today’s ruling of the U.S. District Court for the Southern District of New York.

Posted at 5:50 PM by Howard Bashman

Appellate audio/visual: With no more U.S. Supreme Court confirmation hearings on the immediate horizon, what’s the multimedia-loving fan of all things appellate to do?

Thanks to the U.S. Court of Appeals for the Ninth Circuit, you can listen to the audio (Windows Media format) of last Friday’s oral argument over whether the multi-billion dollar punitive damages award arising from the Exxon Valdez incident is unconstitutionally excessive. Arguing the case for Exxon was former Acting Solicitor General (and longtime “How Appealing” reader) Walter E. Dellinger, III. Arguing the case for the plaintiffs was Brian B. O’Neill of Faegre & Benson.

And reaching a bit farther back into the past, via C-SPAN‘s “America & the Courts” you can watch the California Supreme Court‘s oral argument (RealPlayer required) in Evans v. City of Berkeley, a case that presents the question whether the City of Berkeley acted unlawfully in terminating rent-free space to the Sea Scouts because of the group’s refusal–due to its charter from the Boy Scouts of America–to accept the city’s requirement that it agree not to discriminate on the basis of religion or sexual orientation.

Posted at 4:55 PM by Howard Bashman

No creche or nativity scene required: Today, the U.S. Court of Appeals for the Second Circuit has issued a lengthy ruling in which the majority opinion begins, “No holiday season is complete, at least for the courts, without one or more First Amendment challenges to public holiday displays.” The majority holds that New York City’s public school system did not violate the Constitution when, in pursuing the secular goal of promoting respect for diverse cultural traditions, it did not include a creche in its winter holiday displays even though Chanukah was represented by the menorah and Ramadan by the star and crescent.

For the second time this week in cases involving controversial topics, Circuit Judge Chester J. Straub has issued an interesting separate opinion. In today’s opinion, he writes: “I find that the DOE’s policy and the attendant displays and celebrations violate the Establishment Clause.”

Posted at 2:50 PM by Howard Bashman

Available online from The Daily Journal of California: Yesterday in that newspaper, Brent Kendall reported that “Court May Hear Sentencing Ruling.” The article discusses the U.S. Supreme Court‘s impending consideration of a number of cert. petitions challenging the constitutionality of California’s sentencing system.

And on Tuesday, Lawrence Hurley had an article headlined “Too Many Immigration Appeals; Circuit Judge Faults Lawyers for Their Part in Overloading.” The article begins, “A San Francisco federal appellate judge didn’t mince his words Monday when asked about the dramatic rise in immigration cases before federal appellate courts.”

Posted at 2:20 PM by Howard Bashman

“Case of the Month: United States v. Clark.” At “Opinio Juris,” Law Professor Roger Alford today has a post that begins, “My vote for the most important international law case in January is the Ninth Circuit’s decision in United States v. Clark. The case represents a rare and important instance of a court attempting to grapple with the scope of the Foreign Commerce Clause.”

Posted at 2:04 PM by Howard Bashman

“Judgment Against Philip Morris Is Upheld”: The Associated Press provides a report that begins, “The Oregon Supreme Court upheld on Thursday a $79.5 million punitive damages award to the family of an Oregon smoker who died of lung cancer, saying the amount isn’t excessive given the ‘reprehensible’ conduct of tobacco giant Philip Morris in marketing cigarettes.”

And Reuters reports that “Oregon court affirms award against Philip Morris.”

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

Posted at 1:55 PM by Howard Bashman

“In a case where sole legal and sole physical custody of a child has been awarded to one parent after a contested custody dispute, and the custodial parent’s subsequent decision to relocate with the child is opposed by the noncustodial parent, is the noncustodial parent entitled to an evidentiary hearing on the matter?” In a case involving a custodial parent’s planned move from California to Nevada, today the Supreme Court of California unanimously answered that question “no” in an opinion you can access here.

Posted at 1:02 PM by Howard Bashman

In today’s mail: My copy of “The Green Bag Almanac & Reader,” which apparently is being shipped to all (or at least some) Green Bag subscribers.

Meanwhile, the first of two Justice Sandra Day O’Connor bobblehead dolls being auctioned this week on eBay went unsold when the high bid reached only $217.55, failing to satisfy the reserve set on the item. The auction of a second Justice O’Connor bobblehead doll remains underway, scheduled to end tomorrow, and it too has yet to generate a bid in excess of the seller’s reserve.

Posted at 11:44 AM by Howard Bashman

“Alito’s first judgment surprises conservatives”: The Times of London today contains an article that begins, “When President George Bush nominated Samuel Alito to the Supreme Court he was billed as an arch-conservative. But in his first decision last night, the new justice confounded expectations by voting to stay an execution in Missouri.”

Posted at 11:35 AM by Howard Bashman

“Newly retired O’Connor free to speak her mind, or not”: The Arizona Republic today contains an article that begins, “Sandra Day O’Connor, speaking Wednesday in Scottsdale hours after retirement freed her to express opinions without betraying impartiality as a Supreme Court justice, condemned a problem she said is making life increasingly difficult for aging Americans. ‘The packaging of things is impossible to open,’ she protested, bringing hearty laughter and applause from an overflow audience, mostly people of her generation.”

Also today, the newspaper contains an op-ed entitled “An Arizona lesson in how to show class and how to be crass” by columnist E.J. Montini.

Posted at 11:33 AM by Howard Bashman

“Deception kept stock up, says witness; Former investor relations head says Lay, Skilling were active in financial management”: Mary Flood has this article today in The Houston Chronicle, which also contains an article headlined “Show of force at city’s expense; Extra officers are assigned to maintain order at high-profile case.”

The New York Times reports today that “Ex-Executive Says Enron Fudged Data.”

The Washington Post reports that “Lay, Skilling Linked With Effort to Hit Expectations; Enron’s Ex-Investor Relations Head Testifies.”

The Los Angeles Times reports that “Enron Altered Profit, Witness Says; The former executive testifies numbers were manipulated to meet Wall Street expectations.”

USA Today reports that “Judge allows prosecutors to play tapes of Enron calls.”

And The Dallas Morning News reports that “Enron’s reporting under fire; Investor relations head testifies that earnings were artificially inflated.”

Posted at 7:10 AM by Howard Bashman

“Execution postponed in ’89 killing; Judges vote 9-1 to hear arguments in case”: This article appears today in The Kansas City Star.

Posted at 7:00 AM by Howard Bashman

“A Modern Historical Reenactment”: Today in The Washington Post, the first item in the “Reliable Source” column begins, “You know how some couples have a private wedding and then restage the ceremony for the photographer? Kind of how it felt yesterday, when Supreme Court Justice Sam Alito was ‘sworn in’ for the second time.”

Posted at 6:50 AM by Howard Bashman