How Appealing



Friday, March 3, 2006

Available online from law.com: In news from Georgia, “DaimlerChrysler to Appeal $3.4M Awarded in Minivan Accident.”

An article reports that “Online Disputes Expose Publishers’ Copyright Vulnerability; Google is yanking the book publishing industry into the digital age; Will the book world make it with its copyrights intact?

And the brand new installment of my weekly “On Appeal” column is titled “To Cite or Not to Cite to Non-Precedential Opinions.”

Posted at 11:15 PM by Howard Bashman



“Chertoff Has ‘Few Days Left,’ Sources Say”: Human Events Online provides a report that begins, “In the aftermath of the public revelation of the presidential ‘teleconference’ and mounting criticism of the performance of Michael Chertoff, Administration sources told HUMAN EVENTS today that the secretary of Homeland Security has ‘only a few days left’ in the Bush Cabinet.”

Posted at 9:34 PM by Howard Bashman



“Extreme politics in S. Dakota”: Today in The Boston Globe, columnist Scot Lehigh has an op-ed that begins, “South Dakota is the latest flashpoint in the battle over abortion — and what’s happening there reveals a lot about the extreme viewpoint of some abortion foes.”

And online today at SF Gate, Mark Morford’s Notes & Errata column is entitled “S. Dakota Slaps Up Its Women; Another state you should never visit passes an appalling abortion ban, because they hate you.”

Posted at 5:58 PM by Howard Bashman



BREAKING NEWS — “Settlement reached in BlackBerry patent case; RIM reportedly to pay NTP $612.5 million”: MSNBC reports this breaking news.

The Toronto Globe and Mail provides a news update headlined “RIM settles patent war.”

And The Associated Press reports that “Settlement Reached in BlackBerry Dispute.”

Update: Research In Motion Limited has issued a press release titled “Research In Motion and NTP Sign Definitive Settlement Agreement to End Litigation.”

Posted at 5:05 PM by Howard Bashman



“Fastow fever to hit Enron trial: After 6 weeks of testimony, the government’s star witness, ex-CFO Andrew Fastow, will testify next week; Sparks should fly.” CNNMoney.com provides this report.

Posted at 4:50 PM by Howard Bashman



“The Tort That Dare Not Speak Its Name”: At the blog “Law Dork,” Chris Geidner has a post that begins, “The Ohio Supreme Court issued a decision today that brings the ‘wrongful birth’ tort — or at least a tort that looks a lot like the ‘wrongful birth’ tort — into Ohio law.”

Posted at 4:35 PM by Howard Bashman



“Law journal faces debate”: The Yale Daily News today contains an article that begins, “The Law School will hold a forum next week to address deep divisions in the school surrounding the Yale Law Journal’s decision to print an article later this month by law prodigy Kiwi Camara, who, it was discovered, repeatedly referred to black individuals as ‘nig’ and ‘nigs’ in class notes he posted online as a Harvard Law School student.”

Posted at 3:20 PM by Howard Bashman



“Giordano Conviction Upheld”: Lynne Tuohy of The Hartford Courant provides a news update that begins, “The U.S. 2nd Circuit Court of Appeals has upheld the civil rights violation and other convictions of former Waterbury Mayor Philip Giordano–felonies related to sexual assaults on two young girls. The court split 2-1 in upholding the civil rights violation convictions, which were based on the jury’s finding that Giordano invoked the power of his office to compel the girls’ submission and intimidate them not to reveal the assaults. The court was unanimous in upholding the convictions based on Giordano’s use of his cell phones to arrange the assaults.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 2:55 PM by Howard Bashman



“Ex-FEMA director admits errors, calls for Chertoff’s resignation; Brown admits he should have gone public with concerns sooner”: CNN.com provides this report. Before becoming Secretary of the Department of Homeland Security, Michael Chertoff served as a judge on the U.S. Court of Appeals for the Third Circuit.

Update: The Wall Street Journal’s “Law Blog” today offers a post titled “Chertoff Cancels ABA Speech, Fueling Resignation Speculation.” By the way, for those who are wondering whether Chertoff could accomplish the amazing task of replacing himself by filling the vacancy that he created on the Third Circuit, that does not appear likely to occur for reasons apparent here.

Posted at 2:28 PM by Howard Bashman



“Ohio Court Allows Parents’ Lawsuits”: The Associated Press provides a report that begins, “Parents are allowed to sue a doctor if a genetic screening misses a severe or fatal condition that would have caused them to seek an abortion, a divided state Supreme Court ruled Friday.”

You can access today’s 4-3 ruling of the Supreme Court of Ohio at this link. The opinion announcing the judgment of the court was written by Justice O’Connor (this one, not that one).

Posted at 12:45 PM by Howard Bashman



The Wall Street Journal is reporting: Today’s newspaper contains an article headlined “Crunch Time Approaches
For the BlackBerry Crowd; An Injunction in Patent Dispute Could Stop Service for U.S. Users, But Other Scenarios Are Possible
” (pass-through link).

Yesterday’s newspaper, meanwhile, contained an article by Jeanne Cummings and Jess Bravin headlined “Supreme Court Grills Attorneys
Challenging Texas Redistricting
” (pass-through link).

Also yesterday, Jess Bravin, et al. had an article headlined “High Court Hears Daimler Tax Case; Justices Seem to Support States’ Economic Subsidies; Antitrust Law Is Eased” (pass-through link).

Posted at 11:20 AM by Howard Bashman



“9th Circuit Seat Stirs Uproar; Feinstein Seeks Californian, Outgoing Judge Backs Idahoan”: Lawrence Hurley has this article today in The Daily Journal of California.

Relatedly, yesterday’s edition of The Bonner County Daily Bee of Sandpoint, Idaho contained an editorial entitled “Politics can be awfully petty.”

Posted at 10:05 AM by Howard Bashman



“How a 9/11 conspirator gave himself away; Flight managers explain the many red flags raised by Moussaoui”: CNN.com provides this report.

Posted at 9:55 AM by Howard Bashman



“Video survives battle in rape trial; Defense loses bid to have tape barred”: The Chicago Tribune contains this article today.

The Chicago Sun-Times, meanwhile, today contains articles headlined “Rape trial witness: ‘She was flirting’” and “Experts disagree about impact of ‘extraordinary piece of evidence.’” An editorial is entitled “Judge gets right resolution on debate over video.” And columnist Neil Steinberg has an op-ed entitled “Tale of the tape: Defense makes good point.”

Posted at 7:30 AM by Howard Bashman



“Kirpan ban overturned; Ceremonial dagger can be worn by Sikhs at school, Supreme Court justices rule”: This front page article appears today in The Toronto Globe and Mail, which also contains an article headlined “Teen’s kirpan still sparks anger; Despite ruling, parents adamant dagger does not belong in classroom.”

The Montreal Gazette reports today that “Kirpans OK in schools; Religious freedom cited as Montreal board’s ban is quashed.”

And The Toronto Star reports that “Top court okays kirpan in schools; Ruling allows Sikh students to carry ceremonial dagger
Toronto-area boards already permit the practice
.”

Posted at 7:25 AM by Howard Bashman



“Exclusive: ’20th Hijacker’ Claims That Torture Made Him Lie; Mohammad al-Qahtani, held in Guantanamo and touted by the U.S. as a major informant, is taking it all back, his lawyer says.” This article appears online today at Time magazine’s web site. In addition, Time has posted online here what it describes as “a secret, 84-page record of his interrogation.”

In somewhat related coverage, Neil A. Lewis reports today in The New York Times that “Guantanamo Detainee Seeks Court Action.”

And The Washington Post reports today that “U.S. Cites Exception in Torture Ban; McCain Law May Not Apply to Cuba Prison.”

Posted at 7:22 AM by Howard Bashman



“Hamas case at key point; Man’s terror trial may hinge on confession in Israel”: The Chicago Tribune today contains an article that begins, ” A landmark hearing in federal court in Chicago will address one of the most pressing issues in the prosecution of terrorism: How should American courts treat confessions obtained by foreign governments?”

Posted at 7:15 AM by Howard Bashman



“The Supreme Court Grants Review on the Constitutionality of Congress’ Partial Birth Abortion Ban Act”: FindLaw commentator Vikram David Amar has this essay today.

Posted at 6:44 AM by Howard Bashman