How Appealing



Friday, August 4, 2006

Available online from law.com: An article is headlined “Calif. High Court: No Mystery to Employee’s ‘At Will’ Contract.”

In news from New York, “2nd Circuit: Judge’s ‘Gut’ Feeling Proper Basis for Sentence Under Advisory Guidelines.”

An article reports that “3rd Circuit Upholds Lawyer’s Conviction in Scheme to Launder Drug Money.”

And the brand new installment of my “On Appeal” column is headlined “What Do Appellate Attorneys Actually Do?” Coincidentally, law.com has posted online a related article from last month headlined “Appeals for More Appellate Lawyers Being Answered.”

Posted at 10:44 PM by Howard Bashman



“Because permanent signs are permitted for commercial speech, the trial judge found that the ordinance unconstitutionally favors commercial speech over at least one type of noncommercial speech — political messages.” And as as result, an Alabama-based federal district court entered a permanent injunction prohibiting the City of Trussville, Alabama from enforcing a portion of the city’s sign ordinance. Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued an opinion affirming that permanent injunction.

Posted at 4:58 PM by Howard Bashman



“Court Upholds HIV-Spreading Convictions”:The Associated Press provides a report that begins, “A man convicted of having unprotected sex with four people while knowing he carried the virus that causes AIDS was denied appeals Friday by the Iowa Supreme Court.”

The Supreme Court of Iowa today issued opinions in four separate cases involving the same defendant, and you can access those opinions here, here, here, and here.

Posted at 4:50 PM by Howard Bashman



“Fullam Tosses Out Filmmaker’s Defamation Suit Against Kerry”: Shannon P. Duffy of The Legal Intelligencer provides this news update (free access).

Posted at 4:35 PM by Howard Bashman



“Judges release congressional map for fall elections; Doggett gets more of Central Texas”: The Austin American-Statesman provides a news update that begins, “A three-judge federal panel today released a new congressional map for the November elections that gives U.S. Rep. Lloyd Doggett, D-Austin, more of Travis County and Central Texas.”

And The Associated Press reports that “Judges ‘restore Latino voting strength’ in South Texas.”

At the “Election Law” blog, a post titled “Breaking News: Three Judge Court Issues Texas Redistricting Order” contains links to today’s opinion and order.

Posted at 4:30 PM by Howard Bashman



“Former Bush Adviser Gets Probation”: The AP provides a report that begins, “A former White House adviser pleaded guilty to theft Friday, briefly breaking into tears as he tried to explain to a judge why he made phony returns at discount department stores while working as a top aide to President Bush.” You can access earlier coverage via this link.

Posted at 4:10 PM by Howard Bashman



“Environmentalists Ask Senate to Leave the 9th Circuit Alone”: Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 3:22 PM by Howard Bashman



No doubt that if circuit-riding were to resume, the Seventh Circuit would perform the task ever so efficiently: In an opinion issued today rejecting a saleswoman’s sex and age discrimination claims, Circuit Judge Frank H. Easterbrook writes, “How to construct the shortest route that visits all destinations is an old subject: in graph theory and linear programming it is known as the ‘traveling salesman problem’ and is the subject of a considerable literature.”

Posted at 2:24 PM by Howard Bashman



“Vt. Weighs in on Lesbian Custody Fight”: The Associated Press provides a report that begins, “The state Supreme Court ruled Friday that Vermont courts, and not those in Virginia, have exclusive jurisdiction over a case involving two women battling for custody of a child they had while they were in a lesbian relationship. The unanimous ruling conflicts with a series of decisions in Virginia, where courts ruled the state’s anti-gay marriage laws controlled the case.”

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

Posted at 1:14 PM by Howard Bashman



“The Reagan Revolution in the Network of Law”: Law Professors Frank B. Cross and Thomas A. Smith have this article (abstract with links for download) online at SSRN. The article’s abstract begins, “This paper analyzes the effect of the Rehnquist Court on Supreme Court precedent, using a network of all Court citations to other Supreme Court cases.” Thanks to “Legal Theory” for the pointer.

Posted at 11:40 AM by Howard Bashman



“Chronicle reporters may face contempt charges”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A dispute between the Justice Department and The Chronicle over the use of grand jury testimony in stories about athletes’ steroid use will come to a showdown today in a San Francisco federal courtroom.”

Posted at 11:33 AM by Howard Bashman



Airport runway expansion at O’Hare, its impact on church cemeteries, and a resulting claim under the Religious Freedom Restoration Act: Today a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit decides whether the Federal Aviation Administration’s approval of an airport layout plan incident to a determination of eligibility for federal funding sufficed to subject the FAA to claims arising under RFRA. The majority answers “no,” while Circuit Judge Thomas B. Griffith dissents on that point. You can access today’s complete ruling at this link.

Posted at 10:54 AM by Howard Bashman



U.S. Senate returns five federal appellate court nominations to President Bush: Technically, at least as of this moment, you can no longer accurately refer to Terrence W. Boyle and William J. Haynes II as current nominees to the Fourth Circuit, you can no longer accurately refer to Michael B. Wallace as a current nominee to the Fifth Circuit, and you can no longer accurately refer to William Gerry Myers III and N. Randy Smith as current nominees to the Ninth Circuit. Details here and here (via “Confirm Them“).

Posted at 10:20 AM by Howard Bashman



“Justice After Guantanamo: The White House still thinks the ends justifies the means in trying suspected terrorists.” This editorial appears today in The Los Angeles Times.

Posted at 7:24 AM by Howard Bashman



“A Better Way on Detainees”: Today in The Washington Post, Law Professors Jack Goldsmith and Eric A. Posner have an op-ed that begins, “Everyone involved in the contentious negotiations between the White House and Congress over the proper form for military commissions seems to agree on at least one thing: that al-Qaeda and Taliban terrorists ought to be prosecuted. We think this assumption is wrong: Terrorist trials are both unnecessary and unwise.”

Posted at 7:20 AM by Howard Bashman



“Specter’s NSA Plan Hits Snag; Senate Democrats Also Vow to Block Justice Dept. Confirmation”: This article appears today in The Washington Post.

Posted at 7:18 AM by Howard Bashman



“Hale sues attorney for malpractice; White supremacist serving 40-year term”: The Chicago Tribune today contains an article that begins, “White supremacist Matthew Hale, serving 40 years in a Colorado prison for plotting to kill a federal judge in Chicago, is suing his former attorney for malpractice.”

And The Associated Press reports that “White Supremacist Files Malpractice Suit.”

Posted at 7:12 AM by Howard Bashman



“$135M jury verdict against stadium beer vendor overturned”: The Newark (N.J.) Star-Ledger today contains an article that begins, “An appeals court has overturned a landmark $135million jury verdict against the beer vendor at Giants Stadium and a fan whose drunken-driving accident left a young girl paralyzed.”

And The New York Times reports today that “Court Overturns Jury Award Against Stadium Concessionaire.”

My earlier coverage appears at this link.

Posted at 7:07 AM by Howard Bashman