How Appealing



Friday, May 19, 2006

First Circuit holds that Federal Aviation Administration Authorization Act of 1994 preempts portions of a Maine law intended to restrict and regulate the sale and delivery of tobacco products purchased via the internet or other electronic means: You can access today’s ruling at this link.

Posted at 3:10 PM by Howard Bashman



“State high court now says drug dogs OK”: The Chicago Sun-Times today contains an article that begins, “Three years ago, the Illinois Supreme Court ruled 4-3 that using drug-sniffing dogs to sniff the outside of a car without reasonable suspicion that drugs might be inside violated people’s rights. On Thursday, the court reversed itself and ruled 4-3 that it’s all right to use drug-sniffing dogs in such instances.”

The State Journal-Register of Springfield, Illinois reports today that “Court OKs drug dogs at traffic stops; State justices vote 4-3 in favor of constitutionality.”

And The Galesburg (Ill.) Register-Mail reports that “Court allows use of drug dogs in traffic stops; Previous ruling said privacy rights violated by unreasonable search.”

You can access yesterday’s ruling of the Supreme Court of Illinois at this link.

Posted at 2:08 PM by Howard Bashman



“Why Did Luttig Quit? How Bush alienated one of his most compliant judges.” Harvey A. Silverglate has this essay online at Reason.

Posted at 1:50 PM by Howard Bashman



Divided three-judge Sixth Circuit panel rejects attorney’s commercial speech challenge to Village of Glendale, Ohio’s ordinance prohibiting the display of “for-sale” signs on a vehicle parked on a public street: You can access today’s ruling in this First Amendment commercial speech challenge at this link.

Posted at 10:30 AM by Howard Bashman



“Out Sick for the Enron Trial, and Rethinking It”: This article appears today in The New York Times, along with an article headlined “A 2nd Criminal Trial Begins for Former Enron Chief.” And columnist Floyd Norris has an essay entitled “What Fraud? All Was Fine at Enron” (TimesSelect subscription required).

Today in The Houston Chronicle, Mary Flood has articles headlined “Jurors cut short deliberations, go home for weekend; With 90 pages of instructions and indictments, early decision is unlikely” and “Lay’s team challenges validity of signatures; Lawyers in his new loans case argue ‘Autopen’ isn’t as legit as really signing off.”

The Washington Post reports today that “Lay’s Second Trial Starts As First Jury Deliberates.”

And The Los Angeles Times contains an editorial entitled “Enron arrogance on trial: A jury is set to rule on the energy raider’s dubious duo.”

Posted at 8:33 AM by Howard Bashman



“Officers want more Supermax staffing; Union official says that prison riot is a matter of time”: Yesterday’s edition of The Rocky Mountain News contained an article that begins, “The federal ‘Supermax’ prison in Florence is dangerously understaffed, the correctional officers’ union said Wednesday, leading to increasing violence that officers fear could get much worse.”

And The Pueblo Chieftain reported yesterday that “McFadyen to testify on prison understaffing.”

Posted at 8:30 AM by Howard Bashman



“Roberts gives light law lecture; Chief justice’s speech draws laughs at state Judicial Conference”: This article appears today in The Baltimore Sun.

Posted at 7:22 AM by Howard Bashman



“Criminal Charges Levied Against Big Tort Law Firm”: Josh Gerstein has this article today in The New York Sun. The newspaper also contains an editorial entitled “The Milberg Weiss Indictment.”

The Los Angeles Times reports today that “Class-Action Law Firm Indicted in Fraud Case; Powerful Milberg Weiss is accused of paying plaintiffs to sue; Charges may hurt investor suits.”

And USA Today reports that “Big-time law firm facing charges; $11 million in kickbacks alleged.”

Posted at 7:18 AM by Howard Bashman



“Who Wins This Case? Lawyers; Firms that had once shunned criminal work now see white-collar defense as a potential growth business.” This article appears today in The Los Angeles Times.

Posted at 7:15 AM by Howard Bashman



“Scalia Tells Congress to Mind Its Own Business”: Today in The Washington Post, Charles Lane has an article that begins, “Justice Antonin Scalia rebuked fellow conservatives on Capitol Hill yesterday, saying they have gone too far in trying to prevent the Supreme Court from using foreign law in its constitutional rulings.”

And today in The Los Angeles Times, David G. Savage has an article headlined “Scalia to Congress: Butt Out of Court’s Use of Foreign Law.”

Posted at 7:10 AM by Howard Bashman



“How Does President Bush Compare with Other Wartime Presidents With Respect to Free Speech Issues?” John W. Dean today has this essay online at FindLaw.

Posted at 6:44 AM by Howard Bashman



Thursday, May 18, 2006

“Milberg Firm, Two Name Partners Indicted”: Justin Scheck of The Recorder provides this news update. Both the indictment and a press release that the U.S. Attorney for the Central District of California issued are available online.

Also online is a web site called Milberg Weiss Justice, which the law firm plans to use to “communicating the truth about the [federal government’s] accusations and about how this unjust investigation only helps corrupt corporations escape accountability.”

Posted at 8:25 PM by Howard Bashman



“Kentucky Governor’s Pardon Deemed Valid”: The Associated Press provides a report that begins, “The Kentucky Supreme Court on Thursday invalidated a string of indictments charging members of Gov. Ernie Fletcher’s administration with rewarding political supporters with state jobs, leaving only the misdemeanor counts against the governor himself.”

In other coverage, The Louisville Courier-Journal provides a news update headlined “Supreme Court rules out new indictments of those pardoned.” And The Lexington Herald-Leader provides a news update headlined “Supreme Court backs pardon power.”

You can access today’s ruling of the Supreme Court of Kentucky at this link.

Posted at 4:54 PM by Howard Bashman



“Scalia Tells Congress to Stay Out of High Court Business; Justice speaks out against proposed legislation on invoking foreign law in Supreme Court constitutional decisions”: law.com’s Tony Mauro provides this news update.

Posted at 4:40 PM by Howard Bashman



“Bush OKs Commission for Rehnquist Bust”: The Associated Press provides a report that begins, “President Bush on Thursday authorized the commission of a marble bust of the late-Chief Justice William H. Rehnquist that will be placed in the Supreme Court building.”

And the White House today issued this related news release. The text of the Joint Resolution passed by Congress is available at this link.

Posted at 4:24 PM by Howard Bashman



“Prosecutors Seek Charges vs. N.Y. Law Firm”: The Associated Press provides this report.

Update: Justin Scheck provides an update at The Recorder’s “Legal Pad” blog.

Posted at 3:55 PM by Howard Bashman



“Massachusetts court strikes a blow to tobacco defense”: The AP provides a report that begins, “The state’s highest court on Thursday rejected one of the tobacco industry’s most successful defenses in wrongful death lawsuits, ruling the companies cannot shield themselves from liability simply by claiming that smokers should know cigarettes are dangerous.” You can access today’s ruling of the Supreme Judicial Court of Massachusetts at this link.

Posted at 3:30 PM by Howard Bashman



“Supreme Court: OK to give drug suspect laxative.” The Associated Press provides a report from Wisconsin that begins, “Police were within their rights when they forced a drug suspect to drink a laxative in hopes of recovering a bag of heroin he had swallowed, the state Supreme Court ruled Thursday.” You can access today’s ruling of the Supreme Court of Wisconsin at this link.

Posted at 3:28 PM by Howard Bashman



“Court reverses punitive damages award in tobacco case; The Oregon Court of Appeals affirms one award but splits and voids a $100 million judgment”: This article appears today in The Oregonian. My earlier coverage is here.

Posted at 3:15 PM by Howard Bashman



“Police Search May Divide Supreme Court”: Gina Holland of The Associated Press provides a report that begins, “Supreme Court justices sparred Thursday over police searches in a case that could signal a change in direction for the court after the arrival of two new conservative members.”

Today the U.S. Supreme Court heard reargument in Hudson v. Michigan, No. 04-1360. The case was originally argued before the Court on January 9, 2006, and you can access here the transcript of that oral argument.

Posted at 3:00 PM by Howard Bashman