How Appealing



Friday, September 28, 2007

“Supreme Court Recusals: The justices should explain the reasons when they remove themselves from cases.” This editorial appears today in The Washington Post.

Posted at 9:03 AM by Howard Bashman



“Nixon, Hoover Bashed Justices in ’71 Phone Call”: Today’s edition of The Washington Post contains an article that begins, “President Richard Nixon described the Supreme Court’s June 1971 Pentagon Papers decision as ‘unbelievable’ and ‘stinking,’ and vowed ‘to change that court,’ during an unusually frank telephone conversation on July 1, 1971, with FBI Director J. Edgar Hoover. Referring to the six justices who voted 6 to 3 to permit newspapers to continue publication of material from the once-classified history of the Vietnam War, Nixon said: ‘You know those clowns we got on there. I’ll tell you I hope I outlive the bastards.'”

Posted at 8:57 AM by Howard Bashman



“Journalist Ross of ABC Ordered To Disclose Sources”: Today in The New York Sun, Joseph Goldstein has an article that begins, “A federal judge in New York has ordered a journalist at ABC News, Brian Ross, to disclose the identities of the government sources he relied upon when reporting about the anthrax attacks of 2001. Mr. Ross is now the sixth reporter to have been ordered to give up sources to assist with a civil lawsuit brought by a former Army scientist, Steven Hatfill, whom the government named as a ‘person of interest’ in the investigation into the deadly anthrax mailings. Mr. Hatfill, who was never charged with the mailings, is suing the federal government for invading his privacy.”

Posted at 8:54 AM by Howard Bashman



“The New Affirmative Action: Colleges want diversity; Students want diversity; There’s just this little problem with the law.” This article will appear in this upcoming Sunday’s issue of The New York Times Magazine.

Posted at 8:42 AM by Howard Bashman



“A Prosecution Tests the Definition of Obscenity”: Today in The New York Times, Neil A. Lewis has an article that begins, “Sometime early next year, Karen Fletcher, a 56-year-old recluse living on disability payments, will go on trial in federal court here on obscenity charges for writings distributed on the Internet to about two dozen subscribers. In an era when pornography has exploded on the Web almost beyond measure, Ms. Fletcher is one of only a handful of people to have been singled out for prosecution on obscenity charges by the Bush administration. She faces six felony counts for operating a Web site called Red Rose, which featured detailed fictional accounts of the molesting, torture and sometimes gruesome murders of children under the age of 10, mostly girls.”

The article goes on to report that “What has attracted the attention of First Amendment scholars and lawyers is that Red Rose — which Ms. Fletcher says is an effort to help her deal with her own pain from child sexual abuse — was composed entirely of text without any images. Although a narrowly divided Supreme Court said in 1973 that images were not necessary to label a work obscene, there has not been a successful obscenity prosecution in the country that did not involve drawings or photographs since then.”

Back on September 28, 2006, I had this post linking to additional press coverage of the case, including an article headlined “Woman charged over ‘vile’ Web stories” published that day in The Pittsburgh Post-Gazette.

By the way, I think Lewis’s article is incorrect in asserting that “there has not been a successful obscenity prosecution in the country that did not involve drawings or photographs” since 1973. As I noted in the October 9, 2006 installment of my “On Appeal” column for law.com — headlined “Text This: Words Alone Can Violate Federal Obscenity Laws” — the U.S. Court of Appeals for the Eleventh Circuit on October 4, 2006 issued a decision affirming a criminal conviction for spoken obscenities that did not involve drawings or photographs.

Posted at 8:30 AM by Howard Bashman



“Antiterror Vindication”: The Wall Street Journal today contains an editorial that begins, “You probably haven’t seen it reported, but the Guantanamo trial system for enemy combatants won a big victory earlier this week.”

Of course, careful readers of this blog previously saw it reported here.

Posted at 8:07 AM by Howard Bashman



“KPMG Judge Questions Laws, Tactics Used in Corporate Cases”: The Wall Street Journal today contains an article that begins, “The federal judge in the case involving allegedly fraudulent tax shelters marketed by KPMG LLP said it may be time to re-examine laws governing corporate criminal liability and the tactics used by prosecutors to investigate those cases.”

Posted at 8:04 AM by Howard Bashman



“Thompson’s convictions upheld by appeals court”: The Tulsa World today contains an article that begins, “Former Creek County District Judge Donald D. Thompson lost his appeal of his criminal convictions Thursday. Thompson was convicted of four counts of indecent exposure and was ordered to serve four, consecutive, one-year sentences. Prosecutors alleged that he used a penis pump while presiding over trials.”

And The Associated Press reports that “Judge’s Exposure Conviction Is Upheld.”

Yesterday’s ruling of the Oklahoma Court of Criminal Appeals is not yet freely available online.

Posted at 7:55 AM by Howard Bashman



“Justice Thomas”: Online at Human Events, Armstrong Williams has an essay that begins, “Justice Thomas has just released his much anticipated memoir about his upbringing, years of government service, the confrontational and x-rated Supreme Court hearings and his musings about today’s issues. ‘My Grandfather’s Son’ is Justice Thomas’ story about his upbringing and how it can be seen throughout his life. Due to my close relationship with this oft-misunderstood man, I am particularly grateful that his story will finally be told. In the book, Justice Thomas addresses Anita Hill, allows us a glimpse into his childhood and gives some insight into his personality.”

Posted at 7:34 AM by Howard Bashman



Thursday, September 27, 2007

“U.S. to Allow Key Detainees to Request Lawyers; 14 Terrorism Suspects Given Legal Forms at Guantanamo”: This article will appear Friday in The Washington Post.

Posted at 11:18 PM by Howard Bashman



Available online from law.com: An article is headlined “Filing a Malpractice Suit Against a Firm? Better Be Quick About It; Under unanimous Calif. Supreme Court ruling, former clients will have less time to hit their old firms with malpractice suits.” You can access today’s ruling of the Supreme Court of California at this link.

And in other news, “2nd Circuit Removes Judge From Case for Repeated Refusal to Document Sentence Grid Departure.” You can access today’s Second Circuit ruling at this link.

Posted at 11:10 PM by Howard Bashman



“Supreme Court Preview: Detainee Rights on the Docket.” Stephanie Mencimer has this preview online at the web site of Mother Jones magazine.

Posted at 8:54 PM by Howard Bashman



“Coming Monday: A Ninety-Minute Conversation with Justice Clarence Thomas.” RushLimbaugh.com provides this transcript from today’s broadcast of the Rush Limbaugh Show.

Posted at 8:50 PM by Howard Bashman



The Heritage Foundation, The Federalist Society, and the National Center for Policy Analysis announce the details of Justice Clarence Thomas’s book tour: You can view the details by clicking here.

Posted at 8:32 PM by Howard Bashman



“Clarence Thomas: Abortion Was Real Issue; Supreme Court Justice Gives First TV Interview To Steve Kroft.” CBSNews.com provides this preview of Justice Thomas’s appearance Sunday on the CBS News program “60 Minutes.”

On Monday, October 1, 2007, Justice Thomas’s book — “My Grandfather’s Son: A Memoir” — will go on sale, although booksellers sometimes place books out for purchase before their official release date.

Posted at 6:03 PM by Howard Bashman



“Deal Floated On Liability Of Telecoms; Damages Cap for Those Involved in Secret Wiretapping?” Lawrence Hurley has this article today in The Daily Journal of California.

Posted at 5:30 PM by Howard Bashman



Now available online, a “Digital Archive of the Papers of Harry A. Blackmun”: The archive, which you can access via this link, currently includes cert. pool memoranda from Justice Blackmun’s years on the Rehnquist Court, which spanned the 1986 through 1993 Terms.

Posted at 3:10 PM by Howard Bashman



“Sentencing disparity for cocaine under attack; Crack nets users more prison time than powder drug”: This article appears today in The Houston Chronicle.

Posted at 3:00 PM by Howard Bashman



“Senate Panel Moves Forward on Press Bill”: Jesse J. Holland of The Associated Press has an article that begins, “A Senate committee on Thursday decided to push ahead with legislation shielding reporters from being forced to reveal their sources in federal court, despite objections from the federal law enforcement and intelligence community.”

Posted at 2:35 PM by Howard Bashman



“Nomination Is a Classic Case of Partisanship”: In today’s issue of Roll Call, Law Professor Carl Tobias has an op-ed (subscription required) that begins, “On Sept. 6, President Bush nominated Duncan Getchell, a Richmond lawyer, for an opening on the U.S. Court of Appeals for the 4th Circuit. The nominee was not one of the five individuals whom Virginia Sens. John Warner (R) and Jim Webb (D) had earlier proposed to Bush. This nomination is a classic example of divisive partisanship, although the president frequently mouths the platitudes of bipartisanship. Thus, the Commonwealth’s Senators and the entire Senate would be within their rights to reject the nominee.”

Posted at 2:30 PM by Howard Bashman



“Boulder students protest pledge, under God”: The Rocky Mountain News provides this update.

The Denver Post provides a news update headlined “Boulder students protest ‘God’ in pledge.”

And The Boulder Daily Camera today contains an article headlined “Pledging to protest: Some students don’t want to hear Pledge of Allegiance during class.” The newspaper’s web site also provides an update headlined “School won’t move pledge, despite student protest.”

Posted at 2:25 PM by Howard Bashman



“A Law-Abiding Attorney General? Mukasey’s respect for limits on executive power makes him an improvement.” Jacob Sullum has this essay online at Reason.

Posted at 2:08 PM by Howard Bashman



“Court Won’t Declare Chimp a Person”: The Associated Press provides a report that begins, “He’s now got a human name – Matthew Hiasl Pan – but he’s having trouble getting his day in court. Animal rights activists campaigning to get Pan, a 26-year-old chimpanzee, legally declared a person vowed Thursday to take their challenge to Austria’s Supreme Court after a lower court threw out their latest appeal.”

Posted at 12:15 PM by Howard Bashman



“Money helped Spector more than celebrity; His fortune gave him access to top attorneys and other resources that 99% of defendants could never afford, legal experts say”: Henry Weinstein has this article today in The Los Angeles Times.

Also in that newspaper today, columnist Steve Lopez has an essay entitled “Exhibit M: money, money, money” that begins, “If I’m ever tempted to kill someone, please remind me to raise a few million dollars first. It can’t hurt. Celebrity music producer Phil Spector had the .38-caliber Cobra in his hand, he had blood on his jacket, the driver heard him say he thought he just killed someone, five women testified that he had brandished guns in their presence, and Spector brushed off his murder rap like a bad wig.”

Posted at 8:55 AM by Howard Bashman