How Appealing



Tuesday, August 7, 2007

“Court OKs Vote-Swapping Sites”: The Associated Press provides a report that begins, “California wrongly shut down Web sites that brokered vote trading between backers of 2000 presidential candidates Al Gore and Ralph Nader days before the closest presidential election in U.S. history, a federal appeals court ruled Monday.”

My earlier coverage of yesterday’s Ninth Circuit ruling appears at this link.

Posted at 9:00 AM by Howard Bashman



“Google Maps redraw the realm of privacy; As street-level photos are added to the site, fears of intrusion arise”: This article appears today in The Los Angeles Times.

Posted at 8:52 AM by Howard Bashman



“Milberg Weiss loses bid to dismiss fraud charges; A judge rejects the law firm’s contention that it didn’t illegally pay kickbacks to plaintiffs”: The Los Angeles Times contains this article today.

Posted at 8:50 AM by Howard Bashman



“Democrats happy to let Gonzales dangle; They feel that if the attorney general remains in office, voters are likely to focus on Bush in 2008, not the GOP nominee”: This article appears today in The Los Angeles Times.

Posted at 8:44 AM by Howard Bashman



“Poisonous Choices, Women at Risk”: Today in The New York Times, columnist Judith Warner has an op-ed (TimesSelect temporary pass-through link) that begins, “When the Supreme Court voted 5 to 4 to uphold the federal Partial-Birth Abortion Ban Act this spring, the ambivalently pro-choice public was largely quiescent, believing, as Congress had previously ruled, that the procedure was ‘gruesome and inhuman,’ medically unnecessary, highly controversial in the medical community and so rare as to be little missed.”

Posted at 8:33 AM by Howard Bashman



“$1.5 Billion Verdict Against Microsoft Is Set Aside”: The New York Times today contains an article that begins, “A federal district court judge delivered a major setback to Alcatel-Lucent on Monday by setting aside a jury’s $1.5 billion judgment against Microsoft in a patent infringement lawsuit over digital music technology. Alcatel-Lucent’s lawsuit against Microsoft had produced the largest patent judgment on record.”

The Los Angeles Times reports today that “Microsoft prevails over Alcatel in MP3 patent case; A court win by Alcatel is reversed, freeing many companies from digital music liability.”

The Wall Street Journal reports that “Microsoft Damage Award Voided.”

The Times of London reports that “Alcatel-Lucent to appeal Microsoft fine u-turn; French telecoms equipment maker argues that jury’s original $1.5bn fine should have stood in MP3 patent case.”

Bloomberg News reports that “Microsoft Judge Negates Alcatel-Lucent MP3 Patent Win.”

And Reuters reports that “Judge overturns $1.5 bln ruling against Microsoft.”

You can access yesterday’s ruling of the U.S. District Court for the Southern District of California at this link.

Posted at 8:22 AM by Howard Bashman



“An Ohio Supreme Court Case Interprets the State’s Anti-Same-Sex-Marriage Amendment: How the Court Protected Unmarried, Cohabiting Couples from Domestic Violence Despite the Amendment.” Joanna Grossman has this essay online today at FindLaw.

Posted at 7:45 AM by Howard Bashman



Monday, August 6, 2007

“Lawyer’s Wife Pleads for Killer to Step Forward”: The Washington Post on Tuesday will contain an article that begins, “Speaking publicly for the first time since her husband’s slaying a year ago, Kathy Wone issued a slow and deliberate message yesterday to whoever killed him: It will be easier if you turn yourself in now.”

The article goes on to report that “D.C. police have not made any arrests in the slaying of prominent lawyer Robert Wone, who was killed late on Aug. 2, 2006, while staying overnight at a friend’s home near Dupont Circle. Wone, 32, was stabbed three times in the chest with a butcher knife that came from the kitchen, police said.”

Posted at 11:32 PM by Howard Bashman



“The Limits of Anti-Kelo Legislation: Reformers are trying to outlaw eminent domain abuse; But will the laws they’re passing be effective?” Ilya Somin has this essay online at Reason.

Posted at 8:10 PM by Howard Bashman



“Plaintiffs are homeowners who sued their insurers, alleging that their homes were totally destroyed in Hurricanes Katrina and/or Rita.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.

The homeowners sued, seeking to recover the full value of their homes as stated in their policies, arguing that Louisiana law requires an insurer to pay the agreed face value when the property is rendered a “total loss,” even if the “total loss” is due to an excluded peril, so long as a covered peril
causes some damage, no matter how small, to the property. Today’s ruling affirms a federal district court decision holding that the Louisiana law in question does not apply when a total loss does not result from a covered peril. Today’s decision represents another significant hurricane-related appellate victory for the insurance companies.

Posted at 3:55 PM by Howard Bashman



“Confidence Man: The FISA Bill and The Real Reason Gonzales Needs To Go.” Benjamin Wittes has this essay online today at The New Republic.

Posted at 2:52 PM by Howard Bashman



Unanimous three-judge Ninth Circuit panel holds that, in 2000, California’s secretary of state violated the First Amendment when he threatened to prosecute the owners of web sites that encouraged people to “swap” their votes to improve the chances of a Democratic presidential victory: You can access today’s ruling at this link. The panel also unanimously holds that the official in question is entitled to qualified immunity because the constitutionality of halting vote swapping was not clearly established in 2000.

Update: Law Professor Rick Hasen offers these thoughts on the ruling at his “Election Law” blog.

Posted at 2:25 PM by Howard Bashman



“Gang May Reunite for Deal on Southwick”: Roll Call today contains an article (paid subscription required) that begins, “As Republican Senators prepare for a possible September standoff with Democrats over their choice for the 5th U.S. Circuit Court of Appeals, the remaining members of the bipartisan ‘Gang of 14’ say they may have to come together to help referee the fight.”

Posted at 8:54 AM by Howard Bashman



Available online from law.com: An article reports that “Judge Who Sued Over Lost Pants May Now Lose Reappointment.”

In other news, “Californian Can Be Sued in N.J. for Alleged Libel on Internet.” You can access last Thursday’s ruling of the Superior Court of New Jersey, Appellate Division, at this link.

An article is headlined “N.J. Appeals Court: Client’s Illegitimate Purpose Isn’t Necessarily the Lawyer’s.” You can access last Wednesday’s non-precedential ruling of the Superior Court of New Jersey, Appellate Division, at this link.

And today’s installment of my “On Appeal” column is headlined “Rx for the Chief Justice: More Work, Less Play.”

Posted at 8:50 AM by Howard Bashman



“Selective Prosecution”: The New York Times today contains an editorial that begins, “One part of the Justice Department mess that requires more scrutiny is the growing evidence that the department may have singled out people for criminal prosecution to help Republicans win elections.”

Posted at 8:42 AM by Howard Bashman



“Immigrants are ‘persons’ too: A judge’s ruling against a town’s anti-immigrant measures is welcome, but points to ongoing federal failure.” The Los Angeles Times contains this editorial today.

Posted at 8:40 AM by Howard Bashman



“Bush Signs Law to Widen Legal Reach for Wiretapping”: This article appears today in The New York Times.

Today in The Boston Globe, Charlie Savage reports that “New law expands power to wiretap; Diminishes oversight of NSA spy program.”

USA Today reports that “New law widens government’s right to listen in; Bush says it closes intelligence gap; Democrats see threat to civil rights.”

The Washington Times reports that “Bush signs surveillance expansion.”

And The Washington Post contains an editorial entitled “Warrantless Surrender: Congress is stampeded into another compromise of Americans’ rights.”

Posted at 8:27 AM by Howard Bashman



“Va. Lawyer Was at Fore of Attack on Segregation”: The Washington Post today contains a front page obituary that begins, “Oliver W. Hill, 100, a Virginia lawyer who helped overturn legal segregation in his native state and was one of the country’s foremost civil rights defenders during a six-decade career, died yesterday at his home in Richmond.”

The Richmond Times-Dispatch today contains this obituary, along with articles headlined “Hill fought long battle to make America live up to its promise” and “Hill’s kindness, strength recalled; He was also a major role model for generations of black leaders and others” and a related editorial.

And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Civil Rights Lawyer Oliver Hill Dies at 100” (RealPlayer required).

Posted at 8:23 AM by Howard Bashman



“Putting the Government’s Words in the Doctor’s Mouth”: You can access today’s installment of Adam Liptak‘s “Sidebar” column at this link (TimesSelect temporary pass-through link).

Posted at 8:04 AM by Howard Bashman



Sunday, August 5, 2007

“Roberts’ fall lures chief-peepers to summer destination; The chief justice kept a low profile, but his seizure put Port Clyde in the spotlight”: This article appears today in The Maine Sunday Telegram.

The Associated Press reports that “Port Clyde Found Itself In National Spotlight Again.”

The Beaumont (Tex.) Enterprise reports today that “Epileptics slowly overcome stigma of disease.”

And Steve Stewart’s column today in The Decatur (Ala.) Daily is headlined “News breaks out, and it’s back to work.” The column begins, “Jan Crawford Greenburg moved at a lightning pace after her July 28 book signing at Brewer High School, Ronnie Thomas reports.”

Posted at 8:37 PM by Howard Bashman



“Year Later, Lawyer’s Slaying Still Shrouded in Mystery; Widow to Plead for Witnesses to Speak Out on Husband’s Death in Attempt to Raise Investigation’s Profile”: The Washington Post today contains an article that begins, “The wife of a prominent lawyer slain last summer inside a townhouse near Dupont Circle plans to issue a public appeal tomorrow for witnesses to come forward in a case that police say has been plagued by a lack of cooperation. D.C. police have yet to make any arrests in the slaying of Robert Wone, who was killed late Aug. 2, 2006 while staying overnight at a friend’s home. Wone, 32, was stabbed three times in the chest with a butcher knife that came from the kitchen, police said.”

My earliest coverage of this matter appeared in this post from August 2006.

Posted at 6:00 PM by Howard Bashman



“Does the Bible have a place in public schools? New legal mandates and the rise of two national curricula are driving a surge in the number of classes — and the debate over how they’re taught.” The Los Angeles Times contains this article today.

Posted at 5:50 PM by Howard Bashman



“Fate of 5 in U.S. Prisons Weighs on Cubans’ Minds”: The New York Times today contains an article reporting that “These days, many Cubans are pinning their hopes on a hearing set for Aug. 20, before the United States Court of Appeals for the 11th Circuit in Atlanta, where federal judges will decide on whether the evidence was insufficient to support the convictions.”

Posted at 5:40 PM by Howard Bashman



“Looking For a Leaker”: The August 13, 2007 issue of Newsweek will contain an item by Michael Isikoff that begins, “The controversy over President Bush’s warrantless surveillance program took another surprise turn last week when a team of FBI agents, armed with a classified search warrant, raided the suburban Washington home of a former Justice Department lawyer.”

Posted at 5:20 PM by Howard Bashman



Bowie Baysox 8, Trenton Thunder 1: My son and I were in Trenton, New Jersey this afternoon to see the baseball game between the Trenton Thunder — the AA Eastern League affiliate of the New York Yankees — and the Bowie Baysox — the AA Eastern League affiliate of the Baltimore Orioles.

Thunder pitching phenom Alan Horne started the game but had a poor outing, surrendering six runs in five innings. He was charged with the loss, giving him a 10-4 record on the year.

The lone run that the Thunder scored came on a sacrafice fly that resulted in a violent collision at home plate between Baysox catcher Eli Whiteside and Thunder right fielder Bronson Sardinha, whose middle name happens to be Kiheimahanaomauiakeo. The ball reached home plate almost simultaneously with Sardinha, and the violent collision rendered Baysox catcher Whiteside unconscious on the ground by home plate as the ball trickled away. Medical assistance was called to the field, and eventually Whiteside was able to move his arms as he was strapped onto a backboard and carted off the field on a stretcher for an ambulance ride to the hospital.

You can access the box score at this link, while a wrap is available here.

Update: Monday’s newspaper coverage from both The Trenton Times and The Courier Times of Bucks County, Pennsylvania indicates that the injured Baysox catcher is well on his way to making a complete recovery.

Posted at 5:04 PM by Howard Bashman