How Appealing



Monday, June 5, 2006

“Supreme Court gives US companies armour against racketeering lawsuits”: Patti Waldmeir has this article in Tuesday’s edition of Financial Times.

Posted at 10:20 PM by Howard Bashman



“Blawg Review #60”: It was scheduled to appear at “The Trademark Blog,” but apparently this rendition was adjudged “not by any measure a Blawg Review,” so the sixtieth installment of Blawg Review instead appears here at “Blawg Review.”

Posted at 10:00 PM by Howard Bashman



“The Supreme Court Finds No First Amendment Protection for Government Employee Speech Pursuant to Official Duties”: Michael C. Dorf has this essay online today at FindLaw.

Posted at 9:55 PM by Howard Bashman



“High Court to Tackle Race in Schools; Justices Also Cut Back Reach Of Federal Racketeering Law With RICO-Suit Dismissal”: Jess Bravin and Ben Winograd will have this article (pass-through link) Tuesday in The Wall Street Journal.

Posted at 9:54 PM by Howard Bashman



“Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O’Connor.” The April 2006 issue of The Stanford Law Review is now available online. You can access the table of contents here, and the full text of all the tributes and articles can be accessed via this link (scroll down to the bottom of the page).

Posted at 8:58 PM by Howard Bashman



“Must an entire government law office be disqualified whenever the office head has a conflict because he or she previously represented a client in private practice?” A divided Supreme Court of California today issued an opinion answering this question in the affirmative in a case involving the San Francisco City Attorney’s Office.

Posted at 4:45 PM by Howard Bashman



“Bush Rallies Gay Marriage Opponents”: The Associated Press provides a report which notes that “Bush criticized judges who have overturned state laws similar in intent to the proposed legislation. ‘Marriage is the most fundamental institution of civilization, and it should not be redefined by activist judges,’ he said.”

The complete text of President Bush’s remarks from this afternoon can be accessed here.

Posted at 3:44 PM by Howard Bashman



“New London preparing for evictions in eminent domain dispute”: The Associated Press provides a report that begins, “City officials were preparing Monday to begin eviction proceedings against residents who refuse to leave their coastal Connecticut homes, a move that could signal the end is near in an eminent domain dispute that reached the U.S. Supreme Court.”

Posted at 1:45 PM by Howard Bashman



Another federal appellate court concludes that when considering the time for appeal under the Class Action Fairness Act of 2005, “less” means “more”: You can access today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

My criticism of two earlier, similar rulings can be found in my “On Appeal” essay titled “Less Is More: When Courts Decide a Law Means the Opposite of What It Says.” At least six Ninth Circuit judges appear to agree with me for the reasons set forth in this dissent from the denial of rehearing en banc, as I first reported here.

Posted at 12:14 PM by Howard Bashman



“Colo. Court Upholds Denver Weapons Ban”: The Associated Press provides a report that begins, “A divided Colorado Supreme Court on Monday upheld Denver’s ban on assault weapons, despite arguments that state weapons laws should trump city ordinances.”

You can access today’s ruling by an equally divided Supreme Court of Colorado at this link.

Posted at 11:55 AM by Howard Bashman



Lettuce hope for appellate review? The Allentown (Pa.) Morning Call on Friday published an article headlined “Woman has unpalatable salad day in court; Palmer resident guilty of throwing lettuce from car at mall.” According to the article, “[T]he salad saga could continue. ‘We may, as a matter of principle, take an appeal’ to state Superior Court, said Prendergast, who works in the law offices of attorney Gary Asteak and represented Higgins at no cost.”

Posted at 10:33 AM by Howard Bashman



Today’s U.S. Supreme Court Order List and opinions in argued cases: The Supreme Court today issued opinions in four argued cases.

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Anza v. Ideal Steel Supply Corp., No. 04-433. You can access the syllabus here; Justice Kennedy’s opinion here; Justice Antonin Scalia’s concurring opinion here; Justice Clarence Thomas’s opinion concurring in part and dissenting in part here; Justice Stephen G. Breyer’s opinion concurring in part and dissenting in part here; and the oral argument transcript here.

2. The Court issued a per curiam opinion in Mohawk Industries, Inc. v. Williams, No. 05-465. You can access the oral argument transcript here.

3. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Zedner v. United States, No. 05-5992. You can access the syllabus here; Justice Alito’s opinion here; Justice Scalia’s opinion concurring in part and concurring in the judgment here; and the oral argument transcript here.

4. And the Court issued a per curiam opinion in Whitman v. Department of Transportation, No. 04-1131. You can access the oral argument transcript here.

You can access today’s Order List at this link. The Court granted review today in three cases, two of which will be argued in tandem.

At “SCOTUSblog,” Lyle Denniston has posts titled “Decisions: Court rules on RICO claim, 3 other cases” and “Orders: Court to rule on race in education.”

In early press coverage, Gina Holland of The Associated Press reports that “Supreme Court to Hear Education Race Case.” And The AP also reports that “Justices Limit Use of Racketeering Suits“; “Supreme Court to Consider Old Sentencing“; and “Supreme Court Rejects Reporters’ Appeal.”

Posted at 10:00 AM by Howard Bashman



“High court to take up job privacy of officers; California justices to hear San Diego case”: The San Diego Union-Tribune today contains an article that begins, “The state Supreme Court takes up an intriguing and potentially far-reaching case this week dealing with how much information peace officers can keep secret when they are disciplined on the job.”

Posted at 9:54 AM by Howard Bashman



“Adoption Group Threatens Suit; Children First: Restore ‘Life’ License Plate.” This article appeared Saturday in The Hartford Courant.

Posted at 9:44 AM by Howard Bashman



“Which Federal Appellate Court Has the Best Web Site?” You can access this week’s installment of my “On Appeal” column for law.com at this link.

The Eighth Circuit’s web site ranks first on my list, the Seventh Circuit’s web site ranks second, and the Ninth Circuit’s web site ranks third. In the essay, I also suggest improvements for the web sites of the First, Second, and Tenth Circuits.

The last time that I conducted a similar survey was in February 2003, in connection with my “Upon Further Review” column headlined “Appellate Court Web Sites: Some Are Excellent, But Many Others Could Easily Be Improved.”

Posted at 9:00 AM by Howard Bashman



“Curbing the Press: Why the government and the media haven’t been this antagonistic since the Pentagon Papers case.” This article appears in the June 12, 2006 issue of U.S. News & World Report.

Posted at 8:55 AM by Howard Bashman



“Law school at center of judicial junkets storm; George Mason center received money from Exxon, Big Tobacco”: The National Law Journal provides this report (free access).

Posted at 8:54 AM by Howard Bashman



“Pluribus Sine Unum: Will the Senate impose race-based government on Hawaii?” John Fund has this essay today online at OpinionJournal.

Posted at 7:24 AM by Howard Bashman



“Senate kicks off debate of marriage amendment”: This article appears today in The Washington Times.

The Atlanta Journal-Constitution reports today that “Bush to push gay marriage ban; Senate may vote Tuesday; foes say issue dead.”

The Chicago Tribune reports that “Same-sex marriage foes say religious liberty at risk; Others call fears greatly exaggerated.”

The New York Sun reports that “Bush Seeks to Outlaw Gay Rites.”

And The New York Times contains an editorial entitled “Divide and Conquer the Voters.”

Posted at 7:23 AM by Howard Bashman



The Los Angeles Times is reporting: Today’s newspaper contains articles headlined “Army Manual to Skip Geneva Detainee Rule; The Pentagon’s move to omit a ban on prisoner humiliation from the basic guide to soldier conduct faces strong State Dept. opposition“; “A Mom, a Texas Law and a Baby’s Fate; Dixie Belcher wants to keep her 10-month-old on life support, even though doctors say the damage is irreversible; A judge will hear the case“; and “Class Actions Are Here to Stay; Continuing corporate scandals mean plenty of shareholder suits even if Milberg Weiss dissolves.”

Posted at 7:15 AM by Howard Bashman



“Chief justice hopefuls starting to play dirty; Run for Alabama’s top court shows ugly side”: This article appears today in The Atlanta Journal-Constitution.

Posted at 7:08 AM by Howard Bashman