How Appealing



Friday, September 21, 2007

Ninth Circuit holds unripe a challenge to Alaska Code of Judicial Conduct provisions that caused state judges seeking retention to refuse to disclose their views on a variety of legal and political issues such as abortion and assisted suicide: You can access today’s ruling at this link.

Posted at 2:15 PM by Howard Bashman



The constitutionality of strip-searching a 13-year-old female honor roll student with no prior disciplinary problems during school hours and on school premises based on the allegation she had given a classmate a prescription-strength ibuprofen tablet: A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit divided 2-1 on that question in this ruling issued today.

Posted at 2:05 PM by Howard Bashman



“Horse meat was until recently an accepted part of the American diet–the Harvard Faculty Club served horse-meat steaks until the 1970s.” So begins an opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Today’s very interesting decision rejects on the merits a lawsuit brought by the only remaining facility in the United States for slaughtering horses, which happens to be based in Illinois, against a recently-enacted Illinois law that makes it unlawful to “slaughter a horse if that person knows or should know that any of the horse meat will be used for human consumption.”

Some readers may recall that in July 2007, this very same three-judge panel, by a vote of 2-1, issued an injunction pending appeal against enforcement of this law, thereby allowing the slaughterhouse to remain in operation pending today’s ruling. My earlier coverage of the opinions in support of and opposed to the issuance of that injunction pending appeal appears at this link. Today’s ruling dissolves that injunction.

Posted at 11:58 AM by Howard Bashman



“Talk centers on abortion rights”: The Yale Daily News today contains an article that begins, “A recent Supreme Court decision was the impetus for a panel discussion on the future of abortion rights Thursday night. At the event, which was sponsored by the Yale Law Students for Reproductive Justice, three legal experts discussed the state of abortion rights after the April Supreme Court decision in Gonzales v. Carhart, which upheld the federal ban on partial-birth abortion.”

Posted at 8:50 AM by Howard Bashman



“Law firm founder indicted; Melvyn Weiss is alleged to have participated in a scheme to make secret payment to plaintiffs in class-action cases”: This article appears today in The Los Angeles Times.

The New York Times reports today that “Top Class-Action Lawyer Faces Federal Charges.”

The Washington Post reports that “Class-Action Lawyer Weiss Indicted.”

And in The New York Sun, Josh Gerstein reports that “Class Action Attorney Melvyn Weiss Is Indicted.”

Posted at 8:40 AM by Howard Bashman



“UC Irvine chancellor says he ‘bungled’ Chemerinsky firing; In an interview, Michael V. Drake insists that his reversal was not prompted by outside pressure”: The Los Angeles Times contains this article today.

Posted at 8:35 AM by Howard Bashman



“Rulings by Mukasey Are Called Conservative, Fair”: Robert Barnes and Michael A. Fletcher have this article today in The Washington Post.

Posted at 8:30 AM by Howard Bashman



“Critics Right and Left Protest Book Removals”: The New York Times today contains an article that begins, “The federal Bureau of Prisons is under pressure from members of Congress and religious groups to reverse its decision to purge the shelves of prison chapel libraries of all religious books and materials that are not on the bureau’s lists of approved resources.”

Posted at 8:23 AM by Howard Bashman



“Court Allows Boys’ Protest via Buttons”: The New York Times today contains an article that begins, “A federal district judge ruled on Thursday that two grade-school students here can wear buttons depicting Hitler Youth to protest having to wear school uniforms.”

And law.com provides a report headlined “Federal Judge: First Amendment Bars School’s Ban on ‘Hitler Youth’ Badges.”

I have posted online at this link Wednesday’s ruling of the U.S. District Court for the District of New Jersey.

Posted at 8:20 AM by Howard Bashman



Thursday, September 20, 2007

“W.R. Grace can face criminal charges in asbestos deaths”: The Seattle Post-Intelligencer provides a news update that begins, “The Ninth U.S. Court of Appeals has ruled that federal prosecutors can reinstitute criminal charges of knowing endangerment against W.R. Grace & Co. and seven of its top or former officials. A conviction on this charge can bring imprisonment of up to 15 years per count.”

And The Associated Press reports that “9th Circuit reverses several pretrial rulings in W.R. Grace case.”

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

Posted at 11:17 PM by Howard Bashman



“In Reversal of Roles, Weiss Is Indicted; High-Profile Attorney Is Accused of Kickbacks To Class-Action Clients”: This article will appear Friday in The Wall Street Journal.

The New York Times provides a news update headlined “Weiss Indicted in Class-Action Kickback Case.”

Bloomberg News reports that “Melvyn Weiss, Milberg Co-Founder, Indicted in Probe.”

Reuters reports that “US lawyer Melvyn Weiss indicted in kickbacks case.”

And The Associated Press reports that “Co-founder of Milberg Weiss indicted for conspiracy.”

WSJ.com’s “Law Blog” has posted online the indictment at this link.

Posted at 8:34 PM by Howard Bashman



“In the Philippines, Ex-Judge Consults Three Wee Friends; Mr. Floro Loses His Job But Becomes a Celebrity; Using a Little Elfin Magic”: Monday’s edition of The Wall Street Journal contained an article that begins, “As a trial-court judge, Florentino V. Floro Jr. acknowledged that he regularly sought the counsel of three elves only he could see. The Supreme Court deemed him unfit to serve and fired him last year.”

My earlier coverage of this matter, from August 2006, appears at this link.

Posted at 8:20 PM by Howard Bashman



“Judge: No extra break for lactating exam taker; Student sought time to pump baby’s milk.” The Boston Globe today contains an article that begins, “A Harvard medical student and new mother will not be permitted to take extra break time to pump breast milk during her licensing exam to become a doctor, a judge ruled yesterday.”

And The Harvard Crimson reports today that “HMS Mom Won’t Get More Time on Exams.”

Posted at 7:58 PM by Howard Bashman



“In a Decision Involving O’Hare Airport’s Planned Expansion, the U.S. Court of Appeals for the Seventh Circuit Rightly Rejects a Religious Land Use Claim”: Marci A. Hamilton has this essay online today at FindLaw.

Posted at 7:45 PM by Howard Bashman



“Still No Truce on Judges”: Roll Call today contains an article (subscription required) that begins, “While Senate Democrats and Republicans have seemingly put aside their swords over Michael Mukasey, few Senators expect the rare detente on the Bush administration’s attorney general nominee will translate into a lasting peace in the ongoing battle over executive branch nominations.”

And at today’s executive business meeting of the Senate Judiciary Committee, committee chairman Sen. Patrick J. Leahy (D-VT) issued this judicial confirmation-related statement (scroll down to third item).

Posted at 2:23 PM by Howard Bashman



Ninth Circuit decides federal government’s pretrial appeal in United States v. W.R. Grace, a case in which the government has charged Grace and seven of its executives with criminal conduct arising from Grace’s vermiculite operation in Libby, Montana: You can access today’s decision, in which the federal government has prevailed in various respects, at this link.

For additional background, the May/June 2000 issue of Mother Jones magazine contained an article headlined “Libby’s Deadly Grace.”

Posted at 2:11 PM by Howard Bashman



“Chief justice stresses judicial independence; Without it, he says, a society’s ‘noble promises’ of freedom are worthless”: This article appears today in The Post-Standard of Syracuse, New York, along with an article headlined “Chief Justice Roberts opens Newhouse III.” The newspaper’s web site also offers some video coverage of yesterday’s event.

And The Daily Orange of Syracuse University today contains articles headlined “Chief Justice Roberts headlines Newhouse III opening“; “‘Bong hits’ case still haunts Roberts as protestors hit Quad“; “Dedication events engulf campus“; and “Students in Goldstein react to speech they couldn’t attend.” A related feature provides the responses of students to the question “What is your reaction to Chief Justice Roberts’ visit to campus today?” And an editorial is entitled “Roberts’ speech dodged First Amendment.”

Posted at 10:25 AM by Howard Bashman



“A 4th Circuit Court of Appeals judge from Abingdon, Va., died on Wednesday”: The Bristol Herald Courier today contains an article that begins, “Local lawyers and judges alike were shocked Wednesday to learn that a long-respected attorney whose career took him from the courthouses in Bristol Virginia and Abingdon to the 4th U.S. Circuit Court of Appeals in Richmond was dead. Judge H. Emory Widener, 83, died at his Abingdon home around 11 a.m. Wednesday, according to court personnel in Bristol Virginia.”

My earlier coverage appears at this link.

Posted at 9:53 AM by Howard Bashman



Wednesday, September 19, 2007

“The Dissenter: Three decades ago, Justice John Paul Stevens was appointed to the Supreme Court as a judicial conservative and moderate Republican; So how did he come to lead the liberal wing of a fiercely divided court?” As I noted in tihs post earlier today, Law Professor Jeffrey Rosen will have this cover story in this upcoming Sunday’s edition of The New York Times Magazine.

I have now read the article in full, and it contains much fascinating information.

Posted at 11:05 PM by Howard Bashman



“Prominent Lawyer to Be Indicted”: The New York Times on Thursday will contain an article that begins, “Melvyn I. Weiss, a leading class-action securities lawyer, is expected to be indicted as early as today in connection with the kickback scheme that has ensnared his firm, Milberg Weiss, and several former lawyers there, the firm said yesterday in a statement.”

Bloomberg News reports that “Milberg Weiss Co-Founder Weiss Faces Criminal Charges.”

Reuters provides a report headlined “Attorney Melvyn Weiss to be indicted: law firm.”

And The Associated Press reports that “Law Firm Says Partner to Be Indicted.”

Posted at 10:23 PM by Howard Bashman