How Appealing



Monday, February 19, 2007

“Mental state key to death sentence; Alleged killer of policeman couldn’t be executed if a judge rules he is retarded”: This article appears today in The San Jose Mercury News.

Posted at 1:38 PM by Howard Bashman



“That’s History: Eats, shoots, and lawyers.” Christopher Moore has this essay online today at the Law Times of Canada web site.

Posted at 1:35 PM by Howard Bashman



“Framing the Presidency”: Online today at The Nation, Aziz Huq has an essay that begins, “Here’s a good question for President’s Day: What kind of executive branch did America’s constitutional framers have in mind? It’s a question with which federal courts are now busy wrestling. And the quality of liberty American citizens enjoy very much depends on their answers.”

Posted at 1:32 PM by Howard Bashman



“Former teacher loses Supreme Court appeal”: Saturday’s issue of The New Haven Register contained an article that begins, “Former New Haven school teacher Van McKenzie-Adams, who was convicted of sexually assaulting two of his students, has lost his appeal of the state law forbidding sexual relationships between high school teachers and their students.”

And The Associated Press provides a report headlined “Blumenthal: Supreme Court rejects teacher’s claim on sex charges.”

According to the articles, the Supreme Court of Connecticut‘s ruling in the case will not be available online until tomorrow.

Posted at 12:10 PM by Howard Bashman



“Trial lawyers find nothing funny in cartoon; Joke was published in Ky. bar magazine”: This article appears today in The Courier-Journal of Louisville, Kentucky.

Posted at 12:00 PM by Howard Bashman



“High court to rule on patents; Decision could have implications for inventors, Big 3, which help rank state among top for inventions”: The Detroit News contains this article today.

Posted at 11:54 AM by Howard Bashman



“Both sides inspired by S.D. bans on abortion; Lawmakers from other states try similar bills”: This article appears today in The Argus Leader of Sioux Falls, South Dakota.

Posted at 11:50 AM by Howard Bashman



“Playing God: The fight to kill the death penalty.” The National Post of Canada is running a series of articles on the death penalty in the United States, and this article, the first in that series, appeared on Saturday.

Today’s newspaper contains an article headlined “Still an eye for an eye in Texas.”

Posted at 11:45 AM by Howard Bashman



“Salvaging the Guidelines? The 2/20/07 Arguments.” Lyle Denniston has this post today at “SCOTUSblog” about the two U.S. Sentencing Guidelines cases to be argued tomorrow before the U.S. Supreme Court.

And at the “Sentencing Law and Policy” blog, Law Professor Doug Berman provides access via this link to his thorough previews of the cases.

Posted at 11:11 AM by Howard Bashman



“The Marriage Lasted 10 Years. The Lawsuits? 13 Years, and Counting.” The New York Times contains this article today. According to the article, “Legal experts say Mr. Melnitzky is hardly alone among people who become fixated with the legal system, filing lawsuits again and again without the aid of a lawyer to try to reverse an earlier loss.”

Posted at 10:50 AM by Howard Bashman



“Making Martial Law Easier”: The New York Times today contains an editorial that begins, “A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night. So it was with a provision quietly tucked into the enormous defense budget bill at the Bush administration’s behest that makes it easier for a president to override local control of law enforcement and declare martial law.”

Posted at 10:44 AM by Howard Bashman



“The Chief Justice’s Quest for Less Fractured Supreme Court Rulings”: Today’s installment of my “On Appeal” essay for law.com can be accessed here.

Posted at 8:05 AM by Howard Bashman



In commentary available online today at FindLaw: Douglas W. Kmiec has an essay entitled “Assessing Chief Justice John Roberts at Mid-Term: Why He Deserves Kudos for his Ability to Lead the Supreme Court to Speak In One Constitutional Voice.”

And Julie Hilden has an essay entitled “Can the FBI Crack Down on Fictional Material About Law Enforcement Tactics? A Federal Appeals Court Finds First Amendment Issues, But Deems the Responsible FBI Agent and Attorney Immune From Damage Awards.”

Posted at 6:55 AM by Howard Bashman



“Righting the Ship: Conservatives still can’t transform the Supreme Court.” Benjamin Wittes has this essay online today at The New Republic.

Posted at 12:05 AM by Howard Bashman



Sunday, February 18, 2007

“When Lawyers and Juries Mete Out Punishment”: Monday’s edition of The New York Times will contain this new installment (TimesSelect temporary pass-through link) of Adam Liptak‘s “Sidebar” column focusing on a punitive damages award against Ford Motor Company.

The U.S. Supreme Court‘s docket entries in the case can be accessed here. And the ruling of the California Court of Appeal for the Fourth Appellate District, Division One, can be viewed at this link (as later amended here).

Update: Previously, Ted Frank wrote about this case in an essay titled “Rollover Economics: Arbitrary and Capricious Product Liability Regimes.”

Posted at 11:50 PM by Howard Bashman



“Australian Held at Guantanamo May Go Home”: The New York Times on Monday will contain an article that begins, “The Australian foreign minister said Sunday that his government had reached a deal to allow David Hicks, who has been held at the American military base in Guantanamo Bay, Cuba, for more than five years without trial, to return to Australia by the end of the year.”

Monday’s edition of The Sydney Morning Herald reports that “Costello points the finger at Hicks.”

BBC News reports that “Hicks to return home ‘this year’; Australia’s only remaining detainee at the US military jail in Guantanamo Bay could be home by the end of the year.”

And Bloomberg News reports that “Australian Terror Suspect Hicks May Be Home This Year.”

Posted at 10:30 PM by Howard Bashman



“Lethal injection under increasing scrutiny across country; No executions in Florida while method reviewed”: The South Florida Sun-Sentinel contains this article today.

Posted at 3:00 PM by Howard Bashman



“BALCO case has journalism in a quandary; Support uncertain for media protecting their sources”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 2:48 PM by Howard Bashman



“Smith case is more than just theatrics; Beneath the spectacle of the model’s death are vexing legal questions”: The Los Angeles Times contains this article today.

Posted at 2:45 PM by Howard Bashman



“A Man of Mystery: Richard Hohlt is the heavy hitter you’ve never heard of.” In the February 26, 2007 issue of Newsweek, Michael Isikoff will have an article that begins, “Robert Novak, as usual, had a scoop to unload–only this time, it was from the witness stand. Testifying last week in the trial of Vice President Dick Cheney’s former chief of staff, I. Lewis (Scooter) Libby, the conservative columnist gruffly described how he first learned from two top Bush administration officials that Valerie Plame, wife of Iraq war critic Joseph Wilson, was a CIA officer.”

Posted at 12:42 PM by Howard Bashman



“Judging the Justices: A scholar writes that success on the high court stems from temperament.” Today in the “Book World” section of The Washington Post, Jeff Shesol has this review of Law Professor Jeffrey Rosen‘s new book, “The Supreme Court: The Personalities and Rivalries That Defined America.”

Earlier this month, Gina Barton of The Milwaukee Journal Sentinel had a review headlined “‘Supreme Conflict’ does justice to high court” of ABC News correspondent Jan Crawford Greenburg’s new book, “Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court.”

And in April 2007, Doubleday Books will publish “Supreme Discomfort: The Divided Soul of Clarence Thomas” by Kevin Merida and Michael Fletcher, both of The Washington Post.

Posted at 11:25 AM by Howard Bashman



On this date in 1988: The AP’s “Today in History” feature reports that nineteen years ago today, “Anthony M. Kennedy was sworn in as the 104th justice of the U.S. Supreme Court.”

Posted at 11:14 AM by Howard Bashman



“Pulitzer winner talks about changes on land’s highest court; Greenhouse says court has effect on justices just as they have an effect on the court”: On Friday, The ASU Web Devil posted online an article that begins, “New York Times Supreme Court correspondent Linda Greenhouse spoke about the importance of Supreme Court Justices to approximately 300 people at a lecture Thursday.”

Posted at 11:10 AM by Howard Bashman