How Appealing



Saturday, October 28, 2006

“America’s abortion battlefield: Things may not be perfect in Britain, but they are far worse in the US; Suzanne Goldenberg reports from the front line in South Dakota.” Yesterday’s edition of The Guardian (UK) contained this article.

Posted at 9:03 PM by Howard Bashman



“Furor Over Cheney Remark on Tactics for Terror Suspects”: Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that “Cheney Defends ‘Dunk in the Water’ Remark; Addressing Alarm Over the Comment, Vice President Says He Was Not Referring to Waterboarding.”

And The Los Angeles Times reports that “Cheney calls dunking of terror suspects a ‘no-brainer’; Vice president later says: ‘I didn’t say anything about water-boarding.’

Posted at 11:00 AM by Howard Bashman



“Supreme Court race gets political; Supporters of Owens and Johnson fall along party lines”: The Seattle Post-Intelligencer contains this article today.

Posted at 10:57 AM by Howard Bashman



“With Rolling’s execution, vindication seemed out of grasp; A lawyer spent 16 years living under a shadow of suspicion”: This article appears today in The St. Petersburg Times.

Posted at 10:54 AM by Howard Bashman



“Banner in honor of Picagli hung near home”: The New Haven Register today contains an article that begins, “Daniel P. Picagli grew up in Fair Haven, not far from where police erected a banner Friday to remember the fallen officer, struck and killed by an SUV earlier this month.”

Posted at 10:50 AM by Howard Bashman



“Panel wants lawyers disbarred; 2 accused of extortion in Demoulas battle”: The Boston Globe today contains an article that begins, “The state Board of Bar Overseers has recommended that the Supreme Judicial Court disbar two lawyers accused of using extortion and intimidation in an attempt to discredit a judge, who had ruled against their client in a family feud over assets of the Demoulas Supermarkets chain. The board recommended the suspension of a third lawyer.”

My earlier coverage of this matter, from May 2005, appears at this link.

Posted at 10:45 AM by Howard Bashman



Friday, October 27, 2006

Available online from law.com: Marcia Coyle reports that “Supreme Court Revisits Punitive Damages; With justices divided 4-3 over constitutional limits, views of Roberts and Alito may shape jurisprudence.”

In other news, “9th Circuit Rejects Overtime for Adjusters in Farmer’s Insurance Class Action.”

An article reports that “11th Circuit Asked to Clarify Corporate Liability.”

And the new installment of my “On Appeal” column is headlined “Making the Most of Appellate Oral Argument.”

Posted at 10:48 PM by Howard Bashman



“That possession is nine-tenths of the law is a truism hardly bearing repetition. Statements to this effect have existed almost as long as the common law itself.” A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued an opinion that begins, “This case concerns the ownership of papers from the administrations of two governors of South Carolina during the Civil War.”

In that opinion, written by Circuit Judge J. Harvie Wilkinson III, the Fourth Circuit affirms a federal district court’s ruling that the State of South Carolina “failed to establish that the papers constituted public property under South Carolina law of the Civil War era.” As a result, a man who, according to today’s opinion, “found the papers in 1999 or 2000 in a shopping bag in a closet at his late stepmother’s home” retains ownership of the documents.

In October 2004, Civil War News published a report headlined “South Carolina Claims Documents General’s Family Wants To Sell.” And in August 2005, The Associated Press reported that “Judge rules Confederate letters belong to state.” That bankruptcy court ruling was later reversed by the federal district court ruling that the Fourth Circuit affirmed today.

Posted at 4:55 PM by Howard Bashman



“A Big Night for Judge Wallace in San Diego”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued a news release that begins, “Senior Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit received the American Judicature Society’s 2005 Edward J. Devitt Distinguished Service to Justice Award at an Oct. 19 ceremony in San Diego.” A list of past recipients of the award can be accessed here.

Posted at 2:50 PM by Howard Bashman



“ADF attorneys appeal Poway ‘T-shirt’ case to U.S. Supreme Court; Nation’s highest court asked to reverse the 9th Circuit’s approval of censorship of Christian students”: Alliance Defense Fund issued this press release today. You can access the cert. petition at this link.

Posted at 2:44 PM by Howard Bashman



“To ‘respect and protect’: Bishop ordained, speaks in favor of state abortion ban.” The Argus Leader of Sioux Falls, South Dakota contains this article today.

Posted at 9:05 AM by Howard Bashman



“G.O.P. Moves Fast to Reignite Issue of Gay Marriage”: This article appears today in The New York Times, along with articles headlined “Corzine Tells Legislators He Backs Civil Unions Over Same-Sex Marriage” and “Clinton Wouldn’t Block Law if Albany Backs Gay Marriage.”

The Newark (N.J.) Star-Ledger today contains articles headlined “Lawmakers cool to gay marriage; State legislators showing more support for civil union law“; “Fight to add amendment is still uphill“; “Kean insists he supports civil unions; Senate candidate says he hasn’t switched positions on gay rights“; and “A prudent move but hardly a timid one, court experts say.”

The Trenton Times reports that “Gay marriage lacks political support; After court ruling, legislators lean to civil unions.”

The Washington Post contains articles headlined “Religious Conservatives Cheer Ruling on Gays as Wake-Up Call” and “N.J. Ruling Could Yield Backlash at Nov. Polls.”

The Los Angeles Times contains articles headlined “A state with gay-friendly laws faces a fight over partnerships; New Jersey’s Legislature has 180 days to legalize same-sex marriage or civil unions” and “A letdown for state’s same-sex couples; This week’s ruling in New Jersey is likely to make California justices more ‘restrained’ on the question of gay marriage, experts say.” The newspaper also contains an editorial entitled “Right approach on gay marriage: As California prepares to review the issue, a New Jersey court upholds the rights of all committed couples.”

The Boston Globe reports that “GOP seizes on N.J. ruling to rally religious conservatives; Presses voters to back bans on same-sex nuptials.” In addition, the newspaper contains an editorial entitled “New Jersey’s opportunity.”

The Chicago Tribune contains an editorial entitled “Marriage by any other name.”

And USA Today contains an editorial entitled “This time, judges find sensible compromise on gay unions; N.J. court protects rights, leaves ‘marriage’ up to lawmakers,” while Peter Sprigg has an op-ed entitled “Where’s judicial restraint? N.J. court just can’t go around ordering Legislature to make laws.”

Posted at 9:00 AM by Howard Bashman



“Justice’s TV ad a hard hitter; Wiggins rebuts Hunstein attack”: The Atlanta Journal-Constitution today contains an article that begins, “One of the most personal attack ads of Georgia’s election season is up and running on television, and it doesn’t involve any candidates for governor. It’s from an incumbent Georgia Supreme Court justice.”

Posted at 8:42 AM by Howard Bashman