How Appealing

Friday, February 3, 2006

Available online at T.R. Goldman has an article headlined “Will Senate Wiretap Hearings Hit a Wall in the Form of the Attorney General?

An article is headlined “Ready for Your Close-Up, Your Honor? Several states use courtroom videotaping to assess judges’ courtroom demeanor.”

In news from New York State, “Court: Presence of Camera Alone Doesn’t Require Reversal.”

Fred von Lohmann has an essay entitled “Could Future Subpoenas Tie You to ‘Britney Spears Nude’? DOJ’s subpoena of Google may lead to more intrusive examination of Internet users’ online records.”

And the brand new installment of my weekly “On Appeal” column is headlined “Minimum Wage: The $1.50 Attorney Fee.”

Posted at 11:00 PM by Howard Bashman

“More Allegations of Libby Lies Revealed; Judge’s Report Shows Cheney Aide Is Accused Of Broad Deception”: This article will appear Saturday in The Washington Post.

Posted at 10:40 PM by Howard Bashman

“Jury selection Monday in Moussaoui trial; Admitted al Qaeda member says he knew nothing of 9/11 plans”: provides this report.

Posted at 9:12 PM by Howard Bashman

“Stepdaughter was blogger, mayor says; Schaeffer, wife seek to be dropped from suit”: The News Journal of Wilmington, Delaware today contains an article that begins, “Cristina Rawley, the stepdaughter of Smyrna Mayor Mark Schaeffer, was the author under four aliases of vile Internet blog entries in 2004 attacking Town Councilmen Patrick Cahill and Doug Chervenak, Schaeffer said this week.”

The article reports that the lawsuit is connected to a landmark blogger anonymity ruling that the Supreme Court of Delaware delivered in October 2005. My earlier coverage of that ruling is here.

Posted at 8:54 PM by Howard Bashman

“Current Muti-District Litigation practice is seriously flawed in that it is perceived to proceed not on neutral principles but in a manner that favors defendants.” On Wednesday, U.S. District Judge William G. Young of the District of Massachusetts issued what a reader has accurately described as a “remarkable opinion re MDL practice.” You can access the opinion at this link.

Posted at 4:40 PM by Howard Bashman

“Judges Do It, Too”: The Bangor Daily News today contains an editorial that begins, “Junkets and other gifts to members of Congress and their staffs have come under fresh scrutiny with the investigation and conviction of the super lobbyist Jack Abramoff.”

Posted at 4:25 PM by Howard Bashman

Available online from The Nation: Bruce Shapiro today has an essay entitled “Reap the Whirlwind” that begins, “If the Supreme Court’s 1954 ruling in Brown v. Board of Education can be said to have opened the epic of the modern civil rights era, it is now also possible to mark that era’s final, exhausted page: January 31, 2006.”

And in the February 20, 2006 issue of that magazine, Ari Berman will have an essay entitled “Can Justice Be Trusted?

Posted at 4:20 PM by Howard Bashman

“Uncertainty grows on RIM injunction; ‘There are too many unanswered questions'”: Financial Post today contains an article that begins, “A court decision on an injunction banning Research In Motion Ltd.’s BlackBerry from the United States could be delayed until September, buying RIM valuable time to win or mitigate the damages arising from its patent-infringement dispute with NTP Inc., experts say.”

The Toronto Globe and Mail reports today that “RIM chief keeps focus on expansion; Analyst plays down U.S. patent case.”

The Richmond Times-Dispatch reports that “E-mail shutdown costs cited; U.S wants plan that ensures feds can still use BlackBerrys.”

The Toronto Star contains an article headlined “America’s patent trolls: Battle over RIM design exposes practice; Prompts calls for changes to U.S. law.”

From London, Financial Times provides an article headlined “High Court victory for BlackBerry.”

The Boston Globe reports that “Competitors circle BlackBerry’s turf; With maker of popular devices locked in patent row, rivals dangle new products before worried users.”

c|net provides a report headlined “Gartner: RIM-NTP redux possible in 2007.”

And ZDNet Australia provides a report headlined “Visto: RIM’s legal troubles have only just begun.”

Posted at 3:30 PM by Howard Bashman

Receive enough junk faxes, and you too could be suing the sender in federal court: Sure, the U.S. Court of Appeals for the Second Circuit once said that state courts would have “exclusive” jurisdiction over such lawsuits, but a ruling issued today demonstrates that, in retrospect, “exclusive” wasn’t the best choice of words.

Posted at 3:15 PM by Howard Bashman

“Thomas Autobiography Not Due Out Until ’07”: Gina Holland of The Associated Press provides a report that begins, “The memoirs of Supreme Court Justice Clarence Thomas will be coming to a bookstore near you – just not as soon as expected. Nearly five years after starting his autobiography, and three years after getting a $1 million-plus book deal, Thomas is still writing. HarperCollins Publishers paid Thomas a $500,000 advance in 2003 and awaits delivery, which is behind schedule.”

Posted at 3:05 PM by Howard Bashman

“Black students file complaint saying U-M discriminates”: The Detroit Free Press today contains an article that begins, “A group of black students at the University of Michigan has filed a discrimination complaint with the U.S. Department of Education’s Office of Civil Rights.”

Posted at 3:00 PM by Howard Bashman

“UA sensation: Sandra Day O’Connor on campus; Ex-member of Supremes teaching class.” The Tucson Citizen contains this article today.

The Arizona Daily Wildcat today contains an article headlined “A Supreme Teacher: O’Connor provides insight into court; Law students learn courts from former justice.”

The Arizona Daily Star reports that “O’Connor, in Tucson, blasts moves to alter how Ariz. judges are picked.”

And The El Paso Times reports that “O’Connor to visit city on April 4.”

Meanwhile, in commentary, The Allentown Morning Call today contains an editorial entitled “Sandra Day O’Connor’s service.”

Posted at 11:45 AM by Howard Bashman

BREAKING NEWS — Supreme Court of Kansas refuses to enforce the Kansas Attorney General’s subpoenas for patient records from two abortion clinics: You can access today’s ruling at this link. And the court has also issued a summary of the ruling.

In early press coverage, The Kansas City Star offers a news update headlined “Court: Abortion clinic patients’ privacy must be protected,” while The Associated Press reports that “Kan. Court Blocks Abortion Records’ Access.”

And in related coverage, The Wichita Eagle today contains an article headlined “Testimony, ruling to put Kline in spotlight” that begins, “Kansas Attorney General Phill Kline’s legal battles over abortion and teenage pregnancy converge today in what could be one of the most notable moments of his political career. The Kansas Supreme Court announced that at 9:30 a.m. today it will issue its ruling in a dispute over Kline’s attempts to collect abortion clinic records. That will come an hour after Kline is set to take the witness stand in a federal lawsuit over the sexual privacy of teenagers.”

Posted at 11:20 AM by Howard Bashman

“Witness: CEO hid retail unit’s struggles; Koenig testifies Skilling misled investors about division’s debt of $726 million.” Mary Flood has this article today in The Houston Chronicle.

The New York Times reports today that “Witness Says Enron Hid Huge Loss From Investors.”

USA Today reports that “Tapes appear to show Enron execs hid $726M loss; Testimony also implicates Lay.”

And Financial Times reports that “Enron jurors try to see the numbers.”

Posted at 11:05 AM by Howard Bashman

Today’s other rulings of note from the U.S. Court of Appeals for the D.C. Circuit: A per curiam opinion issued today agrees to unseal portions of Circuit Judge David S. Tatel‘s previously redacted opinion concurring in the judgment in the Judith Miller Grand Jury subpoena case. You can access the newly-reissued, partially-unredacted opinion at this link. My earlier coverage of the ruling, from nearly one year ago, is here. As noted in this D.C. Circuit filing by Special Counsel Patrick J. Fitzgerald, the federal government supported in part the request to unseal.

In a lengthy opinion concurring in the judgment, Circuit Judge Janice Rogers Brown today takes a close look at the legal standards governing “a difficult subcategory of sexual harassment cases sometimes referred to as submission cases–that is, cases in which the complaining employee submits to the sexual advances of the supervisor.”

And finally, for sovereign immunity buffs, the D.C. Circuit today addresses whether the Fair Labor Standards Act’s private right of action still applies against an agency of the Puerto Rican government now that the U.S. Supreme Court has effectively invalidated the FLSA’s private right of action as applied against state agencies. You can access the opinion at this link.

Posted at 10:30 AM by Howard Bashman

“Money for judges’ security on the way, Justice Dept. says”: The Associated Press provides a report that begins, “Illinois’ senators, who had voiced concern that $12 million they had helped secure for protection of federal judges was not reaching its target, say the Justice Department assures them the money is on its way.”

Posted at 7:05 AM by Howard Bashman