How Appealing



Thursday, August 16, 2007
Wednesday, August 15, 2007

“New Orleans DA loses race-firing appeal”: The Associated Press provides a report that begins, “The New Orleans district attorney lost his fight Wednesday against a ruling that said he violated the civil rights of dozens of white employees when he fired them after taking office in 2003 and replaced them with black workers.”

And The Times-Picayune of New Orleans provides a news update headlined “Jury verdict upheld in Jordan bias case.”

You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 11:50 PM by Howard Bashman



“Ninth Circuit Judge Marsha S. Berzon Receives ABA’s Margaret Brent Award”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued has issued this news release.

Posted at 8:33 PM by Howard Bashman



“Appeals court may let NSA lawsuits proceed; A 9th U.S. Circuit Court panel peppers government attorneys with sharp questions and suggests that two cases alleging illegal surveillance should be allowed to continue”: Declan McCullagh of c|net News.com provides this report.

Posted at 8:30 PM by Howard Bashman



“What Happened in Norfolk: Four Navy men who confessed to a 1997 rape and murder now say those confessions were false; The only version of events less plausible than four innocent men signing false confessions could be the state’s theory of how they committed the crime.” Alan Berlow will have this article (TimesSelect temporary pass-through link) in the August 19, 2007 issue of The New York Times Magazine.

Update: You can now freely access the article at this link.

Posted at 6:00 PM by Howard Bashman



Solicitor General’s Office files amicus brief in support of affirmance in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.: You can access the amicus brief, filed today in the U.S. Supreme Court, at this link.

Earlier today, WSJ.com’s “Law Blog” had a related post titled “Stoneridge: Let 1000 Amici Bloom!

At “SCOTUSblog,” Lyle Denniston has a post titled “Government supports investment banks.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Suspense on Stoneridge is over.”

Posted at 3:58 PM by Howard Bashman



“How lawyer navigates sea of secrecy in bizarre case; Among the obstacles: responding to a filing he can’t see and writing a brief with none of his notes at hand.” Today in The Los Angeles Times, Henry Weinstein has an article that begins, “Oakland lawyer Jon Eisenberg calls the case of Al-Haramain Islamic Foundation v. George W. Bush the strangest he has ever handled. How strange? Eisenberg was required to write one of his briefs in a windowless government office, without notes or lawbooks, under the watchful eye of two federal security guards. When he got hungry, one of the guards brought him a banana. And when he finished, a security official shredded all his drafts — and even the banana peel, Eisenberg said.”

Posted at 12:27 PM by Howard Bashman



Tuesday, August 14, 2007

“Judge Who Filed Suit Plans to Appeal Defeat; Olive Branch From Cleaners Rejected”: This article appears today in The Washington Post.

Posted at 11:37 PM by Howard Bashman



“A fight to give hope to the terminally ill: Patients, advocates want greater access to experimental drugs.” James Oliphant had this article yesterday in The Chicago Tribune.

Posted at 11:20 PM by Howard Bashman



Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained an audio segment entitled “Schools Worry About Fate of Desegregation Efforts.”

Today’s broadcast of “Day to Day” contained an audio segment entitled “Jose Padilla Trial Winds Down” featuring Dahlia Lithwick.

And today’s broadcast of “Morning Edition” contained an audio segment entitled “Comic-Book Store Owner on Trial for Nude Images.”

RealPlayer is required to launch these audio segments.

Posted at 10:17 PM by Howard Bashman



“Beyond Padilla terror case, huge legal issues; His detention and interrogation in the US raises basic constitutional questions”: Warren Richey will have this article Wednesday in The Christian Science Monitor.

Posted at 6:05 PM by Howard Bashman



“Pearson to Appeal Pants Verdict”: The Washington Post provides a news update that begins, “A day after the dry cleaners he sued tried to make peace, D.C. Administrative Law Judge Roy Pearson filed official notice today that he plans to appeal the verdict against him to the District’s highest court.”

Posted at 6:03 PM by Howard Bashman



U.S. citizen who traveled to Iraq in 2003 to act as human shield to deter the bombing of civilian infrastructure facilities avoided death but not taxes: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit rejected the woman’s challenge to a civil monetary penalty of $6,700 that the U.S. Treasury assessed for violating regulations that governed what interactions United States citizens could have with Iraq while economic sanctions were in place. You can access today’s ruling at this link.

Posted at 1:22 PM by Howard Bashman



When Justice Alito met Judge Ito: According to The Houston Chronicle (second item), it happened last week. The article contains no mention of whether any members of the Ito family use the first name Al.

Posted at 12:22 PM by Howard Bashman



“Prosecutors Turn to Padilla for Closing Arguments”: This article appears today in The New York Times.

The Washington Post reports today that “Defense Says Case Against Padilla Is ‘Politically Motivated.’

And in The Miami Herald, Jay Weaver reports that “Padilla is called al Qaeda ‘star recruit’; In closing arguments, a prosecutor said former Broward County resident Jose Padilla and two co-defendants talked in code — using ‘football’ to mean jihad.”

Posted at 10:27 AM by Howard Bashman



Editorials published in The Los Angeles Times: Today’s newspaper contains editorials entitled “Don’t make investor lawsuits harder: For the good of investors, the Bush administration should stay on the sidelines in a securities fraud lawsuit.”

And yesterday’s newspaper contained an editorial entitled “Ex-Terminator takes on video games: Gov. Schwarzenegger — no stranger to making money from violent media — is appealing a court decision allowing minors to purchase graphic games.”

Posted at 10:20 AM by Howard Bashman



“Gonzales could get say in states’ executions; Proposed rules would let the attorney general sign off on ‘fast tracking’ death penalty appeals”: This article appears today in The Los Angeles Times.

Posted at 10:11 AM by Howard Bashman