How Appealing



Friday, June 16, 2006

“The Life of an ‘American Taliban’ in a U.S. Jail”: This audio segment (RealPlayer required) appeared on this evening’s broadcast of NPR‘s “All Things Considered.” The segment consists of an interview with the author of an article headlined “Innocent,” focusing on John Walker Lindh, contained in the July 2006 issue of Esquire magazine.

Posted at 9:32 PM by Howard Bashman



Sioux or be Siouxd: The Washington Post reports today that “N. Dakota to Sue NCAA Over Nickname.”

The Grand Forks Herald today contains an article headlined “UND v. NCAA: State Board says no public funds can be used to pay for lawsuit.”

And The Forum of Fargo, North Dakota reports today that “Board OKs lawsuit.”

My earlier coverage appeared yesterday in a post titled “Fighting Sioux to sue in fight against NCAA to continue using that nickname.”

Posted at 5:28 PM by Howard Bashman



“Judge to stay on bench in Thompson indecent exposure case”: The Tulsa World today contains a news update that begins, “District Judge Charles Allen McCall can continue to hear a misdemeanor computer charge against former District Judge Donald Thompson, who also stands accused of indecent exposure. District Judge Jan Dreiling refused to remove McCall from the case after a special hearing on the issue which has derailed the trial of Thompson, who is accused of masturbating and using a penis pump on himself in his courtroom during trials.”

The Sapulpa (Okla.) Daily Herald today contains an article headlined “Trial on hold for constitutional check” that begins, “The Oklahoma Court of Criminal Appeals expects to announce by noon Monday its decision on whether the law of misuse of a state computer is constitutional. The decision is paramount if the trial of former judge Donald D. Thompson is to continue next week.”

And The Oklahoman today contains an article headlined “Statements in former judge’s trial on hold; Defense attorneys have filed appeals.”

Posted at 4:35 PM by Howard Bashman



“Court pick says anti-bias action doesn’t work”: Yesterday’s edition of The Oklahoman contained an article that begins, “Oklahoma City attorney Jerome Holmes, who may become the first black judge on the U.S. Court of Appeals for the 10th Circuit, has been an outspoken critic of affirmative action programs and black American leaders such as the Rev. Jesse Jackson.”

Posted at 4:30 PM by Howard Bashman



“This appeal raises a narrow and highly specific question–whether an options exchange, by creating, listing, and facilitating the trading of options on shares in an exchange traded fund (‘ETF’) designed to track a proprietary market index, misappropriates intellectual-property rights of the creator of the index.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today. The very next sentence of the opinion states, “The district court found no such infringement, and we agree.”

Posted at 3:28 PM by Howard Bashman



“According to Mr. LeMay, the Postal Service contracts with its patrons to provide preferred handling and expedited treatment of Priority Mail, but fails to do so.” Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit affirms the dismissal for lack of jurisdiction of Lance LeMay’s putative class action against the U.S. Postal Service for breach of a federal common law contract. You can access today’s ruling at this link.

Posted at 11:50 AM by Howard Bashman



“High Court Allows Use of Evidence Taken in Violation of Knock Rule”: Jess Bravin and Ben Winograd have this article (pass-through link) today in The Wall Street Journal.

Posted at 11:38 AM by Howard Bashman



“Appeals court nominee answers questions on affirmative action”: The Tulsa World today contains an article that begins, “Appeals court nominee Jerome Holmes vowed Thursday to follow the law if confirmed as questions arose concerning what some see as the Oklahoman’s hostility to affirmative action and other anti-discrimination laws.”

Posted at 8:54 AM by Howard Bashman



“Supreme Court Weakens Police ‘Knock and Announce’ Rule”: David G. Savage has this article today in The Los Angeles Times. And the newspaper also contains an editorial entitled “Court to cops: knock the door down; Supes irresponsibly remove penalties for police who don’t ring the doorbell.”

In today’s edition of USA Today, Joan Biskupic reports that “Justices allow no-knock searches; 5-4 decision backing police is major shift.”

The Detroit Free Press reports that “Cops don’t have to knock; Supreme Court reverses precedent.”

The Detroit News reports that “High court alters rules on evidence; Following Detroit drug raid, cops allowed to present items at trial, even if they don’t knock.”

In The San Francisco Chronicle, Bob Egelko reports that “Police intrusion for evidence allowed; Knock, announce not always needed, high court rules.”

The Washington Times reports that “Evidence allowed in no-knock raid.”

And The New York Times contains an editorial entitled “The Don’t-Bother-to-Knock Rule.”

Posted at 7:30 AM by Howard Bashman



“After the Enron Trial, Defense Firm Is Stuck With the Tab”: The Washington Post today contains an article that begins, “To the list of employees, investors and businesses who suffered financial misfortune in Enron Corp.’s demise, add this one: the law firm defending former chief executive Jeffrey K. Skilling.”

Posted at 7:05 AM by Howard Bashman



“Malvo Claims 4 Other Shootings, Source Says; List of Snipers’ Confirmed and Suspected Attacks Across U.S. Grows to 27 — 17 Fatal”: This front page article appears today in The Washington Post.

Posted at 6:57 AM by Howard Bashman



“The End of Innocence”: Today in The New York Times, Law Professor David R. Dow has an op-ed that begins, “Earlier this week, the Supreme Court decided, in a 5-to-3 opinion, that a Tennessee prison inmate named Paul G. House was entitled to prove he did not commit the crime for which he was sent to death row.”

Posted at 6:55 AM by Howard Bashman