How Appealing



Wednesday, February 14, 2007

“Justice Kennedy made an unusual appearance before the Senate Judiciary Committee this morning, ostensibly to talk about ‘Judicial Security and Independence.'” So begins this post from ABC News correspondent Jan Crawford Greenburg at her “Legalities” blog today.

Posted at 11:54 PM by Howard Bashman



“Suit against Myspace.com dismissed by judge in Texas”: The San Francisco Chronicle provides a news update that begins, “A Texas judge dismissed a lawsuit against MySpace on Wednesday that had blamed the popular Web site for not establishing enough safeguards to protect underage users.”

The Los Angeles Times provides a news update headlined “MySpace cleared in sexual assault case.”

The Associated Press reports that “Judge Tosses $30M Suit Against MySpace.”

And Reuters reports that “MySpace teen suit dismissed by Texas court.”

I have posted online at this link yesterday’s ruling by U.S. District Judge Sam Sparks of the Western District of Texas.

Posted at 11:48 PM by Howard Bashman



“Kennedy Makes Plea for Higher Judicial Salaries and No Cameras at the Supreme Court”: law.com’s Tony Mauro provides this report.

Posted at 4:15 PM by Howard Bashman



On Valentine’s Day, the last gasp for Alabama sex toy litigation? A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today ruled that public morality remains a sufficient rational basis, even in the aftermath of Lawrence v. Texas, for upholding the constitutionality of an Alabama statute prohibiting the commercial distribution of devices “primarily for the stimulation of human genital organs.” You can access today’s decision at this link.

In March 2006, law.com published an installment of my weekly “On Appeal” column headlined “11th Circuit’s Abuzz With Sex Toy Litigation.”

Posted at 3:00 PM by Howard Bashman



“Microsoft settlement to close ‘digital divide'”: The Des Moines Register provides a news update that begins, “Lawyers announced a settlement of the Iowa class-action case against Microsoft this morning, sending home a Polk County trial jury that has spent nearly three months hearing the complicated civil lawsuit. Details of the settlement won’t be announced until a preliminary hearing on April 20.”

The Associated Press reports that “Microsoft Settles Iowa Antitrust Case.”

Bloomberg News reports that “Microsoft Settles Iowa Consumer Antitrust Lawsuit.”

Reuters reports that “Microsoft reaches settlement in Iowa lawsuit.”

And c|net News.com reports that “Microsoft settles Iowa class action suit.”

Posted at 2:30 PM by Howard Bashman



Today’s rulings of note from the U.S. Court of Appeals for the Seventh Circuit: The Seventh Circuit today issued two decisions of note.

1. A man inspired by David Lee Roth at a Van Halen concert to become a street preacher nearly wins his challenge to Vincennes University’s “Sales and/or Solicitation Policy” governing uninvited public speakers. You can access today’s opinion, written by Circuit Judge Richard A. Posner, at this link.

2. And a ruling written by Chief Judge Frank H. Easterbrook observes that the opposing parties in that case “misunderstand the role of statistical inference” in proving something of consequence in a litigated matter. As a result, Chief Judge Easterbrook undertakes to explain how lawyers should and should not use statistics in court.

Posted at 1:35 PM by Howard Bashman



“Magistrate will mediate case of jailed blogger”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal judge assigned a magistrate as a mediator Tuesday to try to resolve the case of Josh Wolf, the blogger who has been in prison nearly six months for refusing to turn over a videotape of an anarchist protest to a federal grand jury.”

Posted at 8:37 AM by Howard Bashman



“Libby and Cheney Won’t Testify, Says the Defense”: The New York Times contains this article today.

The Washington Post today contains a front page article headlined “Libby Defense to Rest Without Testimony by Him or Cheney.”

The Los Angeles Times reports that “Libby, Cheney will stay off the stand; The surprise decision eliminates what was seen as a key element of the former White House aide’s defense.”

In The New York Sun, Josh Gerstein reports that “Libby Team Reverses Its Course; Defendant, Vice President Will Not Take the Stand.”

Yesterday evening’s broadcast of NPR‘s “All Things Considered” contained an audio segment entitled “Libby and Cheney Won’t Take Stand in Leak Case” featuring Nina Totenberg.

And today in The Boston Globe, columnist Alex Beam has an essay entitled “Libby trial — when memory doesn’t serve.”

Posted at 8:35 AM by Howard Bashman



“With Kagan, Law School Celebrates; Dean tears up amid ‘I (Heart) EK’ shirts donned by law students”: This article appears today in The Harvard Crimson.

Posted at 8:14 AM by Howard Bashman



“Lack of Black Bench Nominees Criticized; No African-Americans in 62 openings for U.S. trial judgeships”: law.com provides this report.

Posted at 8:10 AM by Howard Bashman



“Teacher Faces Jail Over Pornography on Class Computer”: The New York Times today contains an article that begins, “Julie Amero, a substitute teacher at a middle school in Norwich, Conn., said she had simply wanted to e-mail her husband. The authorities contend that she was — purposely or, perhaps, carelessly — exposing 11- and 12-year-old students to pornography rather than teaching them English.”

The Associated Press reports that “Norwich substitute is ‘scared’; Teacher denies guilt in porn case.”

Earlier, PC World columnist Steve Bass had an essay entitled “Teacher Faces Prison for Pop-Up Infested PC; Crazy, but true: Woman convicted of exposing minors to porn, could serve 40 years.”

And The Register (UK) reported that “Security pros work to undo teacher’s conviction; ‘This machine should not have been on the Internet.’

Posted at 8:05 AM by Howard Bashman



“Lawyers Defend Christian Prison Program in Iowa”: The New York Times today contains an article that begins, “Lawyers for Prison Fellowship Ministries and its affiliate, the InnerChange Freedom Initiative, appeared before the United States Court of Appeals for the Eighth Circuit in St. Louis yesterday to defend the constitutionality of an evangelical Christian rehabilitation program they operate in a state prison in Iowa.”

The St. Louis Post-Dispatch reports today that “Ex-justice O’Connor on panel hearing prison ministry case.”

And The Des Moines Register today contains an editorial entitled “Redo prison ministry to uphold Constitution; Faith-based treatment can’t discriminate.” In addition, Rox Laird has an essay entitled “Signs point to compromise; Notes on Prison Ministries trial,” while in yesterday’s newspaper Laird had an essay entitled “Case from Iowa is new battle front in church-state war.”

The three-judge panel of the U.S. Court of Appeals for the Eighth Circuit that heard oral argument yesterday in Americans United For Separation of Church and State v. Prison Fellowship Ministries consisted of retired U.S. Supreme Court Justice Sandra Day O’Connor and Circuit Judges Roger L. Wollman and Duane Benton. You can download in mp3 format the audio of yesterday’s appellate oral argument via this link.

I previously posted online at this link the federal district court ruling under review, and I linked to press coverage of that ruling here, here, and here.

Posted at 7:40 AM by Howard Bashman



“Judge Reprimands Reporter for Tactics in Obtaining Documents”: Today in The New York Sun, Joseph Goldstein has an article that begins, “A federal judge castigated a New York Times reporter yesterday for allegedly stealing sealed court documents that later became the basis for two front-page scoops about a pharmaceutical company.”

The New York Times reports today that “Judge Rules Drug Documents Must Be Returned to Eli Lilly.”

And law.com reports that “N.Y. Federal Judge Faults Leak of Sealed Zyprexa Documents.”

You can access yesterday’s ruling of Senior U.S. District Judge Jack B. Weinstein of the Eastern District of New York at this link.

Posted at 7:14 AM by Howard Bashman



“Terror suspect’s claim: Too traumatized for trial; Lawyers for Jose Padilla say torture in custody left him mentally unfit to go to court; Federal prosecutors say allegations of abuse have ‘no merit whatsoever.'” This article appears today in USA Today.

And The Associated Press reports that “Padilla Hearing Is Delayed.”

Posted at 7:04 AM by Howard Bashman



“The Need for Continuing Congressional Scrutiny of Credible Claims that Bush Administration Hiring and Firing of U.S. Attorneys Has Been Improperly Politically-Based”: Carl Tobias has this essay online today at FindLaw.

Posted at 6:58 AM by Howard Bashman



Last night’s event at the National Constitution Center: Last night’s event featuring ABC News correspondent Jan Crawford Greenburg and Law Professor Jeffrey Rosen discussing their new books (see here and here, respectively) was very interesting and featured a good-size turnout despite the inclement weather.

The audio from last night’s event will eventually become available for download here as a podcast, and C-SPAN‘s “Book TV” was on hand to videotape the event for a future broadcast.

Following the event, I had the pleasure of a lovely dinner with the author who ended up staying overnight in Philadelphia. The other author, who was celebrating a birthday yesterday, had the foresight to return to the Washington, DC area last night, thereby avoiding Philadelphia’s version of this morning’s ice storm.

Posted at 6:50 AM by Howard Bashman