How Appealing



Monday, September 3, 2007

“The confrontation clause and testimony about the results of blood tests to prove that the defendant had committed the offense of driving while impaired”: Back on August 22, 2007, I reported here on an interesting ruling that a divided three-judge Fourth Circuit panel issued that day.

The November 2007 issue of the Tulane Law Review will contain an article by Stephen Aslett addressing this very issue at length. The article is titled “Crawford’s Curious Dictum: Why Testimonial Nonhearsay Implicates the Confrontation Clause” (abstract with links for download).

Posted at 4:24 PM by Howard Bashman



“A Labor Fools’ Day Story”: ABC News correspondent Jan Crawford Greenburg has this post at her “Legalities” blog about the front page story today in The Washington Post focusing on a new book about the Bush presidency. The book reports that Chief Justice John G. Roberts, Jr. had suggested to President Bush that Harriet E. Miers be nominated to fill the vacancy created on the U.S. Supreme Court when Justice Sandra Day O’Connor retired.

Jan and I will both be in Atlanta later this week to speak at the Federal Bar Association Annual Meeting and Convention.

Posted at 4:08 PM by Howard Bashman



“Shield law lets press do its job”: The St. Petersburg Times today contains an editorial that begins, “A small victory for press freedom occurred before Congress went on its summer break when a bill to create a federal shield law passed the House Judiciary Committee on a voice vote.”

Posted at 2:42 PM by Howard Bashman



“What the Constitution says about Iraq: Congress and the courts must recommit to the legislative branch’s sole authority to declare war.” Mario M. Cuomo has this op-ed today in The Los Angeles Times.

Posted at 2:30 PM by Howard Bashman



“Czech Bill On Child Porn Faces Resistance; Unlike Most of E.U., Possession Is Legal”: This article appears today in The Washington Post.

Posted at 2:11 PM by Howard Bashman



Chief Justice John G. Roberts, Jr. rejects book’s account that he suggested President Bush nominate Harriet E. Miers to fill the vacancy created when Justice Sandra Day O’Connor retired: An updated version of today’s front page article published in The Washington Post can be accessed here.

Posted at 1:50 PM by Howard Bashman



“Court: Mexican Trucks Program to Proceed.” The Associated Press provides a report that begins, “The Bush administration can go ahead with a pilot program to allow as many as 100 Mexican trucking companies to freely haul their cargo anywhere within the U.S. for the next year, a federal appeals court ruled Friday.”

Reuters reports that “Mexico trucks to roll on U.S. highways.”

And The Arizona Republic reports today that “Teamsters continue to battle Mexican trucks.”

You can access Friday’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:05 AM by Howard Bashman



“Whales get blown off: Federal court says Navy can do sonar testing.” Bob Egelko had this article Saturday in The San Francisco Chronicle.

The Los Angeles Times on Saturday reported that “Court gives Navy go-ahead to use sonar off coast; Appellate ruling gives the go-ahead for training off the Southland coast, despite concerns that whales may be harmed.”

And The Honolulu Star-Bulletin today contains an editorial entitled “Appeals court ruling on Navy sonar sits on fragile ground.”

You can access last Friday’s decision of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 9:58 AM by Howard Bashman