How Appealing

Monday, February 13, 2006

On this date in “How Appealing” history: On February 13, 2003, I had a post titled “Senate Judiciary Committee approves nomination of Jeffrey S. Sutton to serve on the U.S. Court of Appeals for the Sixth Circuit by vote of 11-8.” I also linked here to an article headlined “A Filibuster Resembling Those of Decades Past” published that day in The New York Times.

And on February 13, 2004, I linked here to an article headlined “Search uncovers Luna’s penknife; Federal prosecutor, 38, was likely stabbed with it, investigators believe” published that day in The Baltimore Sun.

Posted at 11:28 PM by Howard Bashman

Blame the victim: William Douglas of Knight Ridder Newspapers reports that “Cheney’s companion at fault in shooting, White House says.”

Tuesday’s edition of The New York Times will contain articles headlined “No End to Questions on Cheney Hunting Incident” and “Groans at Home Re: (Cheney Joke Here).”

And The Washington Post on Tuesday will contain an article headlined “After Cheney’s Shooting Incident, Time to Unload; Episode Triggers a Fusillade of Wisecracks, And a Withering Blast From White House Press.”

Posted at 11:14 PM by Howard Bashman

“Frist plans June vote on gay marriage; Aides say election-year push for constitutional ban likely to fail”: provides this report.

Posted at 8:00 PM by Howard Bashman

“Citing no reliability, Morales lawyers withdraw juror statements”: David Kravets of The Associated Press provides a report that begins, “Former Whitewater independent counsel Kenneth Starr and a Los Angeles attorney said Monday they would withdraw unreliable affidavits from jurors submitted to Gov. Arnold Schwarzenegger as part of a bid to spare a murderer and rapist from execution.” My earlier coverage is here.

And Howard Mintz of The San Jose Mercury News has an update headlined “Judge weighs alternatives to execution by lethal injection.”

Posted at 5:50 PM by Howard Bashman

“Blogs to Riches: The Haves and Have-Nots of the Blogging Boom.” This article (with lots more related stuff lurking at its end) appears in the February 20, 2006 issue of New York Magazine.

Posted at 5:34 PM by Howard Bashman

“The majority’s opinion today greatly increases the power of the federal government to regulate the use of waters on private property.” The scope of the federal Clean Water Act and Congress’s power under the commerce clause are both at issue in a ruling that a three-judge panel of the U.S. Court of Appeals for the First Circuit released today. Each judge on the panel issued an opinion.

Posted at 5:24 PM by Howard Bashman

“Enron’s defense could be brilliant… or crazy; Lawyers for Lay and Skilling are undertaking a risky defense strategy; Will it pay off?” provides this report.

Posted at 4:15 PM by Howard Bashman

“The court took this case en banc to consider whether witness testimony presented on a television monitor at a criminal trial in Montgomery, Alabama, by live, two-way video conference with witnesses in Australia, violated the Defendants’ Sixth Amendment right to confront the witnesses against them.” The U.S. Court of Appeals for the Eleventh Circuit today issued its en banc decision in United States v. Yates, ruling by a margin of 10-3 that the defendants’ confrontation clause rights had been violated.

The original three-judge panel’s opinion in the case, which reached the same result and contained an interesting opinion concurring in the result from the Eleventh Circuit’s Chief Judge, can be accessed here. My earlier coverage of the three-judge panel’s ruling can be accessed at this link.

Posted at 3:00 PM by Howard Bashman

“Appeals court hears argument on Nebraska’s same-sex marriage ban”: The Associated Press provides this report.

And The Omaha World-Herald provides a news update headlined “Arguments on marriage ban heard.”

The U.S. District Court ruling that was the subject of today’s oral argument before the U.S. Court of Appeals for the Eighth Circuit can be accessed here. Back in May 2005, I linked to press coverage of the ruling here and here. The appellate briefs filed in the case can be accessed via this link. And you can access the audio of today’s oral argument by clicking here (RealPlayer required).

Posted at 2:30 PM by Howard Bashman

“Big Impact Seen In Israel Spy Case”: Today in The New York Sun, Josh Gerstein has an article that begins, “Lawyers for two former pro-Israel lobbyists under indictment for leaking classified information have denounced the prosecution as an assault on the First Amendment and warned that a vast array of policy advocates and journalists could be in jeopardy if the case goes forward.”

Posted at 12:28 PM by Howard Bashman

“The Worst Judges in Texas: In these courtrooms, justice comes to a screeching halt.” This article appears in the current issue of The Texas Observer.

Posted at 11:23 AM by Howard Bashman

“For Russians, Car Wreck Is A Case Study In Privilege”: The Washington Post today contains a front page article that begins, “The imprisonment of a man who was involved in a traffic accident that killed one of Russia’s best-known politicians triggered protests across the country this weekend, especially among motorists who view the jailing as a chilling failure of the courts to protect average citizens from vengeful authorities.”

Posted at 10:50 AM by Howard Bashman

“Less Is More: When Courts Decide a Law Means the Opposite of What It Says.” Today’s installment of my weekly “On Appeal” column for can be accessed here.

Posted at 7:15 AM by Howard Bashman

“In legal limbo: A majority of the prisoners at Guantanamo Bay have no history of aggression toward the United States, and no hope of being released any time soon.” This editorial appears today in The St. Petersburg Times.

Posted at 7:12 AM by Howard Bashman

“Patent lawsuits hit tech titans; Small companies seek settlements”: Today’s edition of USA Today contains an article that begins, “BlackBerry maker Research in Motion’s legal fight with tiny patent-holding firm NTP has BlackBerry fans worried that the dispute might cause the popular e-mail service to be temporarily shut down in the USA. But that legal fight is far from unique.”

Posted at 7:02 AM by Howard Bashman

“A Jury of Their Fears: Finding a panel in the shadow of the Pentagon won’t be easy.” This article (free access) about the Zacarias Moussaoui trial appears today in Legal Times.

Posted at 6:54 AM by Howard Bashman