How Appealing



Wednesday, March 1, 2006

Available online from law.com: Tony Mauro reports that “High Court Patent Ruling a Victory for Big Business.”

In other news, “High Court Zeroes In on Alleged Voting Rights Act Violations in Texas Redistricting Case.”

An article reports that “Federal Judge Raises Alarm Over Vacated Arbitration Awards; 6th Circuit judge says number of vacated awards constitutes a trend counter to that of U.S. Supreme Court.”

And Mike McKee has an article headlined “Solo’s Errant Spell-Check Causes ‘Sea Sponge’ Invasion; Maybe the attorney could have blamed his document’s ‘sea sponge’ invasion on his oceanside locale — or on Spongebob?

Posted at 10:24 PM by Howard Bashman



The Dallas Morning News is reporting: Allen Pusey and Todd J. Gillman have an update headlined “Justices signal support for most redrawn districts; But many seem open to questions that two areas hurt Hispanic voters.”

And a separate news update is headlined “Exclusive: Opponent says justice copied books; Willett admits borrowing from Scalia, Bork in application for state Supreme Court.” The article begins, “Texas Supreme Court Justice Don Willett’s job application to the state included at least half a dozen examples of writing cribbed – without attribution – from two books by conservative legal stalwarts, the Republican’s opponent said Wednesday.”

Posted at 10:20 PM by Howard Bashman



“Alito’s Note to Evangelist Is Called Just Thanks”: This article will appear Thursday in The New York Times.

The Colorado Springs Gazette provides a news update headlined “Alito thank-you note to Dobson at center of controversy.”

The Associated Press reports that “Dobson Says Alito Sent Thank-You Note.”

And the organization People For the American Way today issued a press release entitled “Dear Dr. Dobson: Alito Shows Appalling Lack of Judgement.”

Posted at 10:04 PM by Howard Bashman



“Not a Time to Kill: Why the Supreme Court Should Outlaw Partial Birth Abortion.” Loui Itoh has this op-ed today in The Harvard Crimson.

Posted at 9:10 PM by Howard Bashman



“Abortion foes split on tactics; After years of chipping away at Roe, they weigh S. Dakota’s frontal assault”: Linda Feldmann will have this article Thursday in The Christian Science Monitor.

Posted at 6:00 PM by Howard Bashman



“I urge President Bush to resolve this impasse by doing the right thing and nominating Judge Smith not for a California seat but for the vacancy created by the retirement of Judge Thomas G. Nelson from Idaho.” This passage taken from the text of the prepared statement of Senate Judiciary Committee ranking Democratic member Patrick J. Leahy (D-VT) at today’s judicial confirmation hearing (which I previewed here earlier today) appears to overlook that there’s already a nominee for Judge Nelson’s seat on the U.S. Court of Appeals for the Ninth Circuit.

Posted at 4:55 PM by Howard Bashman



“Google nudes: A porn site’s lawsuit is bad news for the search phenom, but may be good news for companies that produce content.” Marc Gunther has this news analysis online at Fortune.

Posted at 4:30 PM by Howard Bashman



“Alleged rape victim won’t have to view tape”: The Chicago Tribune provides a news update that begins, “A Cook County judge today backed off from his threat to send a woman to jail if she refused to view a videotape of her alleged rape, CLTV reported.” The print edition of that newspaper reported today that “Woman ordered to watch videotape; Contempt, dismissal possible in rape case.”

And The Chicago Sun-Times provides a news update headlined “Alleged rape victim doesn’t have to watch video.” The print edition of that newspaper reported today that “Woman must view tape of alleged rape.”

Posted at 3:35 PM by Howard Bashman



“Wonkette Live”: David Lat and Alex Pareene are fielding questions now at washingtonpost.com. Thus far, no questions about whether Assistant U.S. Attorneys should blog pseudonymously without knowledge of their superiors.

Posted at 3:30 PM by Howard Bashman



“New legal strategy: Show your hand early; Lawyers go to great lengths to win over the public arena as much as the court.” This article appears today in The Toronto Globe and Mail.

Posted at 3:18 PM by Howard Bashman



“Appeals court turns away ex-Louisiana governor’s latest appeal”: The Associated Press provides a report that begins, “A federal appeals court on Wednesday turned down the latest effort by former Louisiana Gov. Edwin Edwards to win freedom after his May 2000 corruption conviction.” The decision is not yet available online at the web site of the U.S. Court of Appeals for the Fifth Circuit.

Posted at 3:15 PM by Howard Bashman



“Appeals court lets prayer ruling stand”: The Indianapolis Star provides a news update that begins, “The Seventh Circuit Court of Appeals in Chicago has denied Indiana House Speaker Brian Bosma’s request for a stay of a federal judge’s ban on sectarian prayer in the House.”

The three-judge Seventh Circuit panel that considered the request for a stay voted 2-1 to deny the request and issued opinions that can be accessed here.

Posted at 1:45 PM by Howard Bashman



Alabama sex toy litigation ends not with a bang but a whimper: The U.S. District Court for the Northern District of Alabama yesterday issued a 56-page opinion that begins, “This opinion marks the third occasion on which this court has been required to address substantive due process challenges to an Alabama statute that criminalizes the commercial distribution of ‘any device designed or marketed as useful primarily for the stimulation of human genital organs.'” Yesterday’s decision upholds the law as constitutional.

The opinion, accompanied by an order entering summary judgment in favor of the State of Alabama, finally resolves the case in the trial court, although the plaintiffs have a right to appeal to the U.S. Court of Appeals for the Eleventh Circuit. My coverage of the Eleventh Circuit’s most recent earlier ruling in the case, from July 2004, can be accessed here.

Posted at 10:44 AM by Howard Bashman



Today’s U.S. Supreme Court ruling in an argued case: Today’s lone ruling issued in the case of Illinois Tool Works Inc. v. Independent Ink, Inc., No. 04-1329. Justice John Paul Stevens delivered the opinion for a unanimous Court, except that Justice Samuel A. Alito, Jr. did not participate because the case was argued before he joined the Court. You can access the syllabus here; Justice Stevens’ opinion here; and the oral argument transcript here.

The Associated Press reports that “Supreme Court Rules in Printer Ink Case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court defines market power on patents.”

Posted at 10:04 AM by Howard Bashman