How Appealing



Friday, September 29, 2006

Available online from Georgetown University Law Center: A news release headlined “Fair and Independent Courts: A Conference on the State of the Judiciary” begins, “On September 28, Georgetown University Law Center welcomed retired Justice Sandra Day O’Connor, six sitting Supreme Court justices, and hundreds of other nationally recognized leaders in law, government, business, journalism, academia and the nonprofit sector when it hosted and co-sponsored a unique two-day conference that addressed the independence of the nation’s courts.”

You can access the conference program, with links to video of various presentations, at this link.

And on Monday of this week, Georgetown Law hosted a program entitled “Georgetown Law Supreme Court Institute Annual Press Briefing” (providing links to video and audio of the briefing).

Posted at 10:22 PM by Howard Bashman



“The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights.” Law Professor Lawrence B. Solum has this essay (abstract with link for download) online at SSRN.

Posted at 5:45 PM by Howard Bashman



In contempt of court appeal brought by personal trainer for Barry Bonds, U.S. Court of Appeals for the Ninth Circuit concludes that the factual findings and record are in one respect not adequate for appellate review: You can access yesterday’s non-precedential ruling at this link. The Ninth Circuit has remanded the case to the federal district court for additional proceedings to be conducted within one week of yesterday. Yesterday’s ruling also rejected five other claims that the personal trainer was making on appeal.

In related coverage, The Associated Press reports that “Court Grants Feds’ Request in Bonds Case.”

The opening brief for appellant can be accessed at this link. Yesterday’s ruling allowed the federal government to file its Brief for Appellee under seal.

Posted at 5:05 PM by Howard Bashman



The PFAW report’s “evaluation of judges in light of their supposedly least hospitable decisions strikes me (even as an employee advocate) as reaching for a predestined conclusion. In the interest of balance, let us give some of the same judges credit for their more progressive employment decisions during the same time period studied.” At his “Daily Developments in EEO Law” blog, Paul Mollica today has a post responding to the People For the American Way report that I linked to here earlier today.

Posted at 4:11 PM by Howard Bashman



An appellate ruling that Tom Sawyer would surely admire: Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit has ruled, in an opinion you can access here, that the Fair Labor Standards Act requires the City of Aberdeen, South Dakota to pay overtime wages to firefighters who are scheduled to work more hours than the FLSA permits an employee to work without receiving overtime pay and who succeed in persuading other employees to work those overtime shifts on their behalf.

In other words, if Firefighter A is scheduled to work overtime, but persuades Firefighter B to work those extra hours instead, Firefighter A under today’s ruling is nevertheless entitled to recover overtime pay from the City of Aberdeen. Today’s opinion explains that “When a substitution occurs, the employer pays the scheduled employee and not the substitute; the amount that the substitute receives is fixed by private agreement between the two employees.”

Senior Circuit Judge C. Arlen Beam dissents from what he views as an improper whitewashing of the FLSA’s plain language.

Posted at 11:33 AM by Howard Bashman



Just how bad are those George W. Bush-appointed appellate judges? PFAW issues an updated report providing its answer to that question: Yesterday, the organization People For the American Way issued a press release entitled “Bush Judges Confirm Opponents’ Fears; Report Documents Impact of Bush-Nominated Appeals Court Judges.” You can access the newly updated 102-page report, also issued yesterday, at this link.

Readers of this blog may recall that on January 23, 2004, I linked here to PFAW’s 33-page preliminary report bearing a similar title.

Posted at 11:10 AM by Howard Bashman



“Court Allows Workers to Sue Carpet Plant”: The Associated Press provides a report that begins, “A federal appeals court ruled Thursday that one of the world’s largest carpet makers can be sued under racketeering laws over allegations of hiring thousands of illegal immigrants and depressing wages.”

My earlier coverage appears at this link. And, for what it’s worth, the ruling in question issued on Wednesday.

Posted at 9:30 AM by Howard Bashman



Not the one who the ABA says is unanimously unqualified to serve on the Fifth Circuit: Liz Smith reports here that “You can see Mike Wallace talking with Supreme Court Justice Ruth Bader Ginsburg on the CBS Sunday Morning show” this upcoming Sunday.

Posted at 8:45 AM by Howard Bashman



“Senate Approves Detainee Bill Backed by Bush; Constitutional Challenges Predicted”: This front page article appears today in The Washington Post. The newspaper also contains a news analysis headlined “Many Rights in U.S. Legal System Absent in New Bill.” And a related article reports that “Canadian Police Official Apologizes for Mistakes; Errors Led to Torture of Innocent Man.”

Today in The Los Angeles Times, David G. Savage and Richard Simon report that “Legal Battle Over Detainee Bill Is Likely; The Senate approves Bush’s plan for military tribunals; Limits on terror suspects’ options for appeal could lead to a Supreme Court ruling.”

The New York Times reports that “Senate Approves Broad New Rules to Try Detainees.”

The Chicago Tribune reports that “Tribunal bill OKd by Senate; Bush’s legislative victory comes amid concerns.”

The Boston Globe reports that “Senate’s passage of detainee bill gives Bush a win; Democrats say GOP capitulated.”

And The Washington Times reports that “Senate OKs detainees tribunal bill.”

Posted at 8:15 AM by Howard Bashman



“High Tech for High Court: The Supreme Court takes an important step in posting same-day transcripts on the Internet.” The Los Angeles Times contains this editorial today.

Posted at 8:05 AM by Howard Bashman



“Court Secrecy May Be Reduced; Borden Would Allow Greater Scrutiny”: Lynne Tuohy has this article today in The Hartford Courant.

Posted at 7:54 AM by Howard Bashman



“Lawyer in Terror Case Apologizes for Violating Special Prison Rules”: The New York Times today contains an article that begins, “Lynne F. Stewart, the once brashly defiant radical defense lawyer who was convicted in a federal terrorism trial last year, has acknowledged in a personal letter to the court that she knowingly violated prison rules and was careless, overemotional and politically naive in her representation of a terrorist client.”

Posted at 7:45 AM by Howard Bashman



“Term should indicate new justices’ influence; Environment, abortion among high court issues”: Joan Biskupic has this article today in USA Today.

Posted at 7:38 AM by Howard Bashman