How Appealing



Sunday, June 25, 2006

“Forget Flag Burning: Debating a ban during war is a waste of time and sends troops the wrong message.” Major General Robert Scales (Ret.) will have this essay in the July 3, 2006 issue of Time magazine.

Posted at 7:45 PM by Howard Bashman



“GOP’s burning flag issue may pass”: Dick Polman, political analyst for The Philadelphia Inquirer, today has this article in that newspaper.

Posted at 10:22 AM by Howard Bashman



“The road from Guantanamo: The President and his critics alike may want to close the detention center at Guantanamo Bay; The problem – for both security hawks and civil libertarians – is what would replace it.” This article appears today in the Ideas section of The Boston Globe.

Posted at 8:47 AM by Howard Bashman



Saturday, June 24, 2006

“‘I didn’t do it. But I know who did’; New evidence suggests a 1989 execution in Texas was a case of mistaken identity”: This article — the first in a three-part series — appears online today at the web site of The Chicago Tribune. Additional background on the series can be accessed here.

Posted at 7:50 PM by Howard Bashman



“Former Intelligence Officer Gets Life in Ex-Wife’s Death”: The Washington Post today contains an article that begins, “As he was about to be sentenced to life in prison yesterday in the kidnapping and slaying of his ex-wife, Jay E. Lentz turned and faced the prosecutors who had pursued the case for more than five years — through Lentz’s conviction, the reversal of that conviction, a second trial and a bitter dispute about tainted evidence.”

And The Associated Press reports that “Lentz gets life term in death of ex-wife; Ex-naval officer’s sentence was mandatory, comes after five years of legal wrangling.”

Posted at 7:48 PM by Howard Bashman



“In ‘Mafia Cops’ Case, the Prosecution Comes to the Defense of the Defense”: The New York Times today contains this article.

In earlier coverage, yesterday the newspaper contained an article headlined “The Defense Rests, Loses the Case, and Is Called to the Stand.”

And The Los Angeles Times reports today that “‘Mafia Cops’ Claim Lawyers Botched Case; Two officers convicted of moonlighting as mob hit men criticize their defense, seek a mistrial.”

Posted at 7:35 PM by Howard Bashman



“U.S. plays terror card in hearing on AT&T wiretap lawsuit; Government wants case tossed to avoid telling ‘state secret'”: Bob Egelko has this article today in The San Francisco Chronicle.

The New York Times reports today that “U.S. Pushes for Dismissal of Lawsuit Against AT&T.”

The Los Angeles Times reports that “AT&T Case Weighs Secrecy; Federal lawyers argue for lawsuit’s dismissal, saying disclosures during a trial could harm national security.”

The San Jose Mercury News reports that “AT&T rebuts spying lawsuit; It says it obeyed authorized order.”

David Kravets of The Associated Press reports that “Gov’t Asks Judge to Dismiss Spying Suit.”

And in related coverage, yesterday’s broadcast of NPR‘s “Day to Day” contained an audio segment entitled “EFF Expands Influence on Digital-Rights Frontier” (RealPlayer required).

Posted at 7:14 PM by Howard Bashman



“Sullivan Secretly Fights Order; Justice Tries To Quash Subpoena”: Today in The Hartford Courant, Lynne Tuohy has an article that begins, “Former Chief Justice William J. Sullivan, already embroiled in controversy for secretly withholding release of a controversial ruling, Friday sought to secretly quash the subpoena served on him by the leaders of the legislature’s judiciary committee.”

Posted at 10:48 AM by Howard Bashman



“‘Agreement In Principle’ Reached; Fort Trumbull Saga is Expected To Come To An End Next Week”: The Day of New London, Connecticut today contains an article that begins, “The last two plaintiffs in the years-long eminent domain case have reached a ‘tentative agreement’ with the city, but no one was saying Friday whether that means they will stay in the Fort Trumbull neighborhood, or leave. Susette Kelo and the family of Pasquale Cristofaro are expected to reveal the final details next Friday, after they sign the agreement, said Scott Bullock, senior attorney with the Institute for Justice.”

Posted at 10:45 AM by Howard Bashman



“Mack turns himself in, booked into Washoe jail”: The Reno Gazette-Journal today contains an article that begins, “Ending an 11-day international manhunt, Darren Mack turned himself in to authorities and arrived in Reno late Friday to face charges in the stabbing death of his estranged wife and the shooting of the family court judge deciding their divorce.”

That newspaper today also contains articles headlined “Treaty would have protected Mack from death penalty, international law experts say“; “Judge, bereaved family relieved at Mack’s capture“; “Some residents say arrest helps restore community’s safety“; and “Search of townhouse yields dozens of items.”

Yesterday, meanwhile, the newspaper contained articles headlined “Some courthouse security vulnerabilities have gone unfixed” and “Fugitive Mack seen at Mexico resort.”

The New York Times reports today that “Man Sought in Reno Attacks Is Found in Mexico.”

And The Washington Post reports that “Suspect in Nevada Shootings Held; Ex-Wife Slain; Judge Handling Their Divorce Was Wounded.”

Posted at 10:40 AM by Howard Bashman



“Court Says S.E.C. Lacks Authority on Hedge Funds”: The New York Times contains this article today.

The Washington Post reports today that “Hedge Fund Rule Tossed; Appeals Court Says SEC Went Too Far In Oversight Effort.”

The Los Angeles Times reports that “SEC Rule on Hedge Funds Is Invalidated; Appeals judges reject as arbitrary the bid to regulate the investment vehicles; The agency says it will reassess its plan.”

The Chicago Tribune reports that “Hedge funds win in court; Appeals panel strikes down SEC rule try.”

And The Boston Globe reports that “Court rejects hedge-fund disclosure rule; SEC had sought more oversight of investments.”

My earlier coverage appears at this link.

Posted at 10:30 AM by Howard Bashman



“Chertoff Says Homeland Security No ’24′”: This article from The Associated Press reports on an event hosted yesterday by The Heritage Foundation.

The Washington Post today contains an article headlined “Calling On Hollywood’s Terrorism ‘Experts’: Homeland Security Chief Compares Reality and ’24.’

Today’s broadcast of NPR‘s “Weekend Edition – Saturday” contained an audio segment entitled “Chertoff Brings Reality Check to ’24’ Crew” (RealPlayer required).

And today in The New York Times, columnist Maureen Dowd has an op-ed entitled “We Need Chloe!” (TimesSelect subscription required).

You can view yesterday’s Heritage event online, on-demand by clicking here (RealPlayer required).

Posted at 8:40 AM by Howard Bashman



Friday, June 23, 2006

Those unfavorable judicial nominee ratings prove costly: The AP provides an article headlined “Bar Association Agrees to Pay $185G Fine” that reports, “The Justice Department and the American Bar Association agreed Friday that the association, the nation’s largest group of lawyers, had indeed violated a 1996 court order that settled a government antitrust suit against the ABA. The ABA even agreed to pay $185,000 to reimburse the government for its costs in investigating what the Justice Department called a case of civil contempt of court.”

Posted at 9:14 PM by Howard Bashman



“U.S. Asks for Top Security in Albany Terrorism Case; Defense lawyers balk at government plan to require monitor’s presence during review of papers, client talks”: law.com published this report back in October 2004.

Today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a per curiam decision denying a writ of mandamus that one of the defendants requested ordering the district court to vacate orders that are based on confidential documents, arguments, and decision memoranda, and ordering the United States to abandon a communications monitoring program described in newspaper articles.

Additional background on the case is available in a USA Today article from August 2004 headlined “Federal agents raid mosque in Albany; 2 arrested” and in Associated Press reports from August 2004 headlined “Two Albany mosque leaders indicted on 19 counts” and “Prosecutors admit possible evidence error in N.Y. terror sting.”

Posted at 5:45 PM by Howard Bashman



“[T]he jury’s conclusion about the plaintiff’s level of emotional trauma might well reflect its view concerning the reprehensibility of the defendant’s conduct.” The final portion of this opinion that a three-judge panel of the U.S. Court of Appeals for the First Circuit issued today contains an interesting discussion of the potential for overlap between a jury’s award of damages for emotional distress and what a jury might have awarded had it been advised (as it should have been but was not at the original trial) that an award of punitive damages in favor of the plaintiff was appropriate.

In any event, that part of today’s First Circuit ruling reminded me of a working paper by Law Professor Catherine M. Sharkey titled “Crossing the Punitive-Compensatory Divide.”

Posted at 5:14 PM by Howard Bashman



“High Court Draws Line On Bosses’ Retaliation; Discrimination Decision Could Affect Dealings In and Out of Workplace”: Jess Bravin and Ben Winograd have this article (pass-through link) today in The Wall Street Journal. Earlier today, I collected additional press coverage at this link.

Posted at 3:44 PM by Howard Bashman