How Appealing



Friday, October 13, 2006

“The fact remains that this case presents a straightforward and unremarkable legal question: Did Robert Jordan state a Title VII claim against his employer for retaliation against him for complaining about a coworker’s single isolated racist remark made not to Jordan himself, but to a television set?” By a vote of 5-5, today the U.S. Court of Appeals for the Fourth Circuit entered an order denying rehearing en banc in the case of Jordan v. Alternative Resources Corp. The quote that leads off this post comes from the opinion of Circuit Judge Paul V. Niemeyer concurring in the denial of rehearing en banc.

The original three-judge panel previously issued two opinions in the case. The first opinion issued on May 12, 2006, and my coverage of that ruling appeared here. On August 14, 2006, following the grant of panel rehearing, the panel issued a new set of opinions, and my coverage of the opinions issued on panel rehearing can be accessed here.

Posted at 5:00 PM by Howard Bashman



“Northwest doesn’t need its own federal court circuit”: U.S. District Judges Robert S. Lasnik and Robert H. Whaley have this op-ed today in The Seattle Times.

Today in The Arizona Republic, columnist Richard Ruelas has an op-ed entitled “Splitting court may leave Latino judges out of mix.”

And two weeks ago tomorrow, The San Diego Union-Tribune published an editorial entitled “Politics and justice: Plan to split court again tainted by politics.”

Posted at 4:08 PM by Howard Bashman



“Although precedent forecloses Marion Hungerford’s Eighth Amendment challenge to 18 U.S.C. § 924(c), under which she received almost all of her 159-year term of imprisonment, it cannot be left unsaid how irrational, inhumane, and absurd the sentence in this case is, and moreover, how this particular sentence is a predictable by-product of the cruel and unjust mandatory minimum sentencing scheme adopted by Congress.” So begins an opinion concurring in the judgment that Ninth Circuit Judge Stephen Reinhardt issued today.

Posted at 1:00 PM by Howard Bashman



“Which Law Prof Blogs Have the Juice?” This post appears today at “TaxProf Blog,” which pledges to continue to report this information on a periodic basis so long as “TaxProf Blog” remains among the top five juiciest law professor blogs.

Posted at 10:44 AM by Howard Bashman



“Legal Legacy”: In the October 30, 2006 issue of The Nation, Law Professor Herman Schwartz will have this review of four recent books about the U.S. Supreme Court.

The review begins, “This fall, the Supreme Court enters a new era. No more will William Rehnquist stare coldly down at lawyers from the center chair. Instead, John Roberts will amiably but firmly interrogate them. And no more will Sandra Day O’Connor, sitting next to the Chief Justice, crisply ask her probing questions. Instead, Samuel Alito will politely address his from the far right end of the bench.”

Posted at 9:22 AM by Howard Bashman



“Taking sides can be risky business; Stores might turn off potential customers”: The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, “Jim Fischer cares enough about the state’s ban on nearly all abortions to stake the livelihood of his business on it.”

Posted at 8:35 AM by Howard Bashman



“Area law firms reach for a star; After the Enron courtroom victory, the U.S. lead prosecutor, Sean Berkowitz, finds himself again spotlighted–this time by recruiters”: This article appears today in The Chicago Tribune.

Posted at 8:27 AM by Howard Bashman



“Md. court rules against cuts in health care benefits; Decision favors legal immigrants battling for state insurance money”: The Baltimore Sun today contains an article that begins, “Maryland’s highest court sided with the families of 13 legal immigrant children yesterday in a long-running battle over their right to state health insurance that Gov. Robert L. Ehrlich Jr. eliminated more than a year ago.”

And The Washington Post reports today that “Ruling Faults Cuts in Immigrant Health Benefits; Injunction Upheld in Suit Over State Program for Children, Pregnant Women.”

You can access yesterday’s ruling of the Court of Appeals of Maryland, that State’s highest court, at this link.

Posted at 8:10 AM by Howard Bashman



“The Abstinence Shtick, Minus Jesus; Assembly Attended by 1,000 Students Watched Warily by ACLU”: This article appears today in The Washington Post.

Posted at 7:58 AM by Howard Bashman



“Charge of Treason Difficult to Prove, Legal Experts Say; Al-Qaeda Videos Led to Indictment”: The Washington Post contains this article today.

Posted at 7:55 AM by Howard Bashman



“Same-sex marriage back before voters, but mood different; Support for constitutional bans weaker than in 2004; activists seek reversals”: This article appears today in USA Today.

Posted at 7:35 AM by Howard Bashman



“Web page may jeopardize cases”: The Wichita Falls (Tex.) Times Record News today contains an article that begins, “Pending criminal cases might be jeopardized after city officials and the Wichita Falls Police Department learned of a graphic MySpace.com Web page operated by Officer Jeremiah Love. They placed him on suspension Tuesday.”

The newspaper also contains a related article headlined “Bachman: Officer’s posts show ‘lack of good moral character.’

And The Associated Press reports that “Officer Suspended Over Graphic Web Site.”

Posted at 6:45 AM by Howard Bashman



“The California Court of Appeal’s Same-Sex Marriage Decision: Not the Last Word on the Matter, But Still Revealing In Many Ways.” Vikram David Amar has this essay online at FindLaw.

Posted at 6:40 AM by Howard Bashman