How Appealing



Wednesday, May 17, 2006

“Ethics panel: Justice didn’t violate code; Senator released plan to fund schools a day after meeting with McFarland.” The Topeka Capital-Journal today contains an article that begins, “A judicial ethics panel found nothing inappropriate about a lunch meeting Kansas Supreme Court Chief Justice Kay McFarland had last month with an influential state lawmaker, according to a Topeka man who made the complaint against the judge.”

Posted at 9:28 AM by Howard Bashman



“51 months in prison for Hatch; Citing his perjury, a federal judge adds to the penalty the Survivor star faced for tax evasion”: The Providence Journal contains this article today.

Posted at 9:25 AM by Howard Bashman



“Vacancy may offer platform for Romney Appeals Court chief to retire”: The Boston Globe today contains an article that begins, “With the head of the Massachusetts Appeals Court poised to retire in July, many in the state’s legal community predict that Governor Mitt Romney will fill the most prominent judgeship likely to become vacant in his tenure with someone whose background will showcase Romney’s conservative bona fides for a possible presidential bid in 2008.”

Posted at 9:22 AM by Howard Bashman



“Enron Defense Sums Up Its Case; Closing Statements Rife With Emotion”: This article appears today in The Washington Post.

The New York Times today contains an article headlined “Fiery Plea by Defense in Houston.”

The Los Angeles Times contains an article headlined “Passionate Pitch by Enron Defense.”

In The Houston Chronicle, Mary Flood reports that “This time, prosecution’s in hot seat; Defense says the government went after its prize, building a case on ‘radioactive’ witnesses.” And an article reports that “Jury resisting manipulation, consultant says; Group is most engaged by facts, not the broader themes, she says.”

USA Today reports that “Enron defense goes out in style; Dramatic closing caps long case.”

The Christian Science Monitor reports that “Enron judge eases way to guilty ruling; Judge Sim Lake said that the act of ignoring red flags can be criminal, stunning the legal community.”

Yesterday evening’s broadcast of NPR‘s “All Things Considered” contained an audio segment entitled “Skilling-Lay Attorneys Make Final Arguments.”

And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Defense Delivers Passionate Rebuttal of Enron Prosecution.” RealPlayer is required to launch these audio segments.

Posted at 7:25 AM by Howard Bashman



“The EBay effect: Supreme Court ruling on auction pioneer could usher in long-overdue patent reform.” The Los Angeles Times contains this editorial today.

Posted at 7:20 AM by Howard Bashman



“A Prominent Law Firm Prepares for Indictment”: The New York Times today contains an article that begins, “For years, the securities class-action law firm of Milberg Weiss Bershad & Schulman sparked fear and uncertainty in executive suites and corporate boardrooms across the country.”

And The Los Angeles Times today contains an article headlined “A Bid by Milberg to Avert Charges? Two partners’ departure may be an effort to save the law firm from a kickback indictment; But even a milder legal action could cripple it.”

Posted at 7:00 AM by Howard Bashman



“Retribution Without Cruelty: The Supreme Court Considers an Eighth Amendment Challenge to Lethal Injections.” Sherry F. Colb today has this essay online at FindLaw.

Posted at 6:45 AM by Howard Bashman



Tuesday, May 16, 2006

Available online from law.com: Tony Mauro has an item headlined “Luttig: Padilla Case Played No Role in Resignation.”

In other news, “Slaying of N.Y. Appellate Clerk Raises Myriad Legal Questions.”

An article reports that “In Closing Arguments, Enron Defense Zeroes In on Juror Hesitation.”

Marcia Coyle reports that “Battle Expands Over Attorney-Client Privilege.”

And in other news, “Bershad, Schulman Take Leaves of Absence From Milberg Weiss.”

Posted at 10:20 PM by Howard Bashman



“New lethal injection challenge”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “A Tennessee death row inmate, Sedley Alley, on Tuesday asked the Supreme Court to block his scheduled execution for 1 a.m. Wednesday, as he raised a challenge to the chemical protocol used in Tennessee for executions.”

And The Tennessean provides a news update headlined “Convicted killer Alley declines last meal.”

Posted at 4:08 PM by Howard Bashman



The U.S. Court of Appeals for the Tenth Circuit unveils its redesigned web site: You can view the newly redesigned site by clicking here.

Posted at 3:38 PM by Howard Bashman



“Seattle’s big role in fight on global warming”: The Seattle Times today contains an article that begins, “The city of Seattle, a group of Alaska Natives and some of the nation’s top climate scientists — including two from the University of Washington — thrust themselves into a high-profile legal battle Monday, hoping to resolve a stalemate over global warming. The group is fronting an orchestrated, national campaign to convince the Supreme Court that the federal government’s failure to regulate automobile emissions is already causing harm, from shrinking mountain snowpack to ecological changes in Arctic Alaska.”

The cert. stage briefing in the case can be accessed via this link.

Posted at 2:42 PM by Howard Bashman



“Barnes campaign hits goal for Phila. move; $150 million to build on Parkway, aid endowment”: The Philadelphia Inquirer today contains an article that begins, “The campaign to raise $150 million to move the legendary – and financially shaky – Barnes Foundation from its Merion home to the Benjamin Franklin Parkway has reached its goal, officials of three large foundations backing the move announced yesterday.”

Posted at 2:30 PM by Howard Bashman



From today’s edition of The Wall Street Journal: Jess Bravin, Mylene Mangalindan, and Don Clark have an article headlined “EBay Ruling Changes Dynamic In Patent-Infringement Cases” (pass-through link). Earlier today, I collected additional press coverage at this link.

And Jess Bravin, John J. Fialka, and Michael Schroeder have an article headlined “Supreme Court Rebuffs Ohio Tax-Break Challenge” (pass-through link). Earlier today, I collected additional press coverage at this link.

Posted at 12:55 PM by Howard Bashman



Attention Aras: The Providence Journal’s news blog provides a post titled “Harsh sentence for Hatch” that begins, “Survivor star Richard Hatch was sentenced today to serve 51 months in prison for tax evasion and perjury, plus three years of supervised release after his sentence.”

And today’s issue of The Boston Globe contains an article headlined “For Hatch, fame has been the real test of survival.”

Thanks to “Rhode Island Law Blog” for the pointer.

Posted at 12:35 PM by Howard Bashman



Just how cheap is the State of Wisconsin? Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit upholds Wisconsin’s invocation of Eleventh Amendment immunity to avoid being sued in federal court by Charles County, Missouri, which was seeking to recover the sum of $5,421.86 in expenses that the county allegedly incurred in jailing a fugitive on the run from Wisconsin authorities pending the fugitive’s extradition back to Wisconsin. You can access today’s ruling at this link.

Posted at 11:33 AM by Howard Bashman



“Justices Order Rethinking of eBay Case”: Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane and Yuki Noguchi report that “High Court Rejects Patent Rulings Against EBay.”

In The Los Angeles Times, David G. Savage and Jim Puzzanghera report that “Justices Back EBay in Patent Ruling; Supreme Court decision limits the ability of judges to halt the sale of products in dispute.”

In USA Today, Joan Biskupic reports that “Supreme Court lets eBay keep using ‘Buy It Now’; But patent case fight over feature continues.”

The San Jose Mercury News reports that “EBay wins patent ruling; Supreme Court rejects automatic injunctions when violations are found.”

And The San Francisco Chronicle reports that “Court eases patent ‘doomsday’; Ramifications of ruling on eBay infringement will depend on further decisions.”

Posted at 11:15 AM by Howard Bashman



“Prosecutor: Lay, Skilling ‘cheated’; Shareholders were ‘profoundly harmed’ by their acts, she says in closing argument.” Mary Flood has this article today in The Houston Chronicle. The newspaper also contains an article headlined “Jury’s reading assignment: 55 pages from judge; Inclusion of the ‘willful blindness’ clause in Lake’s instructions may play critical role.”

The New York Times reports today that “U.S. Levels a Final Blast at Enron Chiefs.”

The Washington Post reports that “Enron Trial Jurors Hear Closing Arguments; Prosecution Sums Up Fraud Case as Accounting Tricks, Hocus Pocus and Lies.”

The Los Angeles Times contains an article headlined “Prosecution: Enron Execs Self-Serving; As closing arguments begin, an attorney tells the jury that Kenneth Lay and Jeffrey Skilling acted as if they alone owned the company.”

USA Today contains an article headlined “Prosecutor: ‘Do not let them get away with it’; Enron jury to hear from defense today.”

Yesterday evening’s broadcast of NPR‘s “All Things Considered” contained an audio segment entitled “Enron Case Goes to Jury This Week.”

And today’s broadcast of “Morning Edition” contained an audio segment entitled “Prosecution Lambastes Enron Defendants in Closing Arguments.” Real Player is required to play these audio segments.

Posted at 11:00 AM by Howard Bashman



“Roberts, at Ease in New Role, Puts Stamp on U.S. Supreme Court”: Yesterday, Greg Stohr of Bloomberg News provided this report.

Posted at 9:54 AM by Howard Bashman



“‘Nuke’ could backfire, say some on right”: The Hill today contains an article that begins, “Some conservatives are worried that a filibuster-crushing Senate rules change could backfire on their movement, ultimately robbing them of a powerful weapon they have used effectively to battle liberals and centrists in the past.” I made a similar argument here back in April 2005.

law.com’s T.R. Goldman reports that “Kavanaugh goes forward as judge wars heat up.”

And The Washington Post today contains a news brief titled “For GOP, a Double Setback on Judges” (third item).

Posted at 9:50 AM by Howard Bashman