How Appealing

Thursday, October 4, 2007

“High Court’s Fraud Case Widely Seen as Stand-In for Enron”: Carrie Johnson and Robert Barnes will have this article Friday in The Washington Post.

Posted at 10:48 PM by Howard Bashman

View online, on-demand the video of Chief Justice John G. Roberts, Jr.’s remarks last month at the Newhouse III dedication in Syracuse, New York: You can view the Chief Justice’s more extensive, indoor remarks by clicking here. His remarks at the outdoor dedication ceremony can be accessed here. Windows Media Player is required to launch these video segments.

I previously collected press coverage of the event at this link.

Posted at 10:18 PM by Howard Bashman

“Senate confirms Harris County judge for appeals court”: The Associated Press provides a report that begins, “The U.S. Senate has confirmed Jennifer Walker Elrod for a spot on the 5th U.S. Circuit Court of Appeals.”

Posted at 10:00 PM by Howard Bashman

“Congress Wary of Domestic Policing Plan; Civil War Era Law May Prohibit Use of Military’s Satellites”: Today in The Daily Journal of California, Lawrence Hurley has an article that begins, “The Bush administration’s hopes of using military satellites for domestic law enforcement has hit an unlikely obstacle: a 19th century law passed in the wake of the Civil War. The statute in question is the Posse Comitatus Act that Congress passed in 1878 in reaction to concerns from former Confederate states that Union forces would seek to supervise elections in occupied areas.”

Posted at 6:14 PM by Howard Bashman

“Injection Injunction: Are we just one tweak away from the perfect execution method?” Jacob Sullum has this essay online at Reason.

Posted at 5:35 PM by Howard Bashman

“The Impending Judicial Crisis: How Politics and Indifference are Destroying Our Federal Courts.” Law Professor A. Benjamin Spencer and law students Capri M. Miller and Lesley E. McCall have posted this article (abstract with link for download) online at SSRN (via “Legal Theory” blog).

Posted at 4:50 PM by Howard Bashman

“Washington Gun Ban Under Fire”: The Associated Press provides this report, which mentions that “the high court could issue its first direct ruling on the Second Amendment in 70 years, solidifying some of the nation’s toughest gun laws or exposing them to a torrent of new challenges.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court urged to hear D.C. gun case” — by the parties who prevailed before the D.C. Circuit, no less.

Posted at 4:05 PM by Howard Bashman

Ninth Circuit reinstates, in part, lawsuit seeking to hold airlines liable for injuries to passengers who developed deep vein thrombosis: You can access today’s ruling at this link.

Today’s ruling affirms the dismissal of the passengers’ state law failure to warn claim but reinstates for further factual development the passengers’ seating configuration claim, which asserts that the airlines provided an unsafe seating configuration by limiting each passenger’s legroom.

Posted at 3:58 PM by Howard Bashman

Clarence Thomas on “Being a Justice”: ABC News correspondent Jan Crawford Greenburg has this post this afternoon at her “Legalities” blog.

Posted at 3:30 PM by Howard Bashman

“White House Denies Torture Assertion”: Lara Jakes Jordan of The Associated Press provides a report that begins, “House Democrats demanded Thursday that the Justice Department turn over two secret memos that reportedly authorize painful interrogation tactics against terror suspects – despite the Bush administration’s insistence that it has not violated U.S. anti-torture laws.”

And at, Terry Frieden reports that “Debate rages over secret Justice memo on torture.”

Posted at 3:23 PM by Howard Bashman

“Policing sex-toy ban is not seen as high priority”: The Tuscaloosa News today contains an article that begins, “While it’s now against the law to sell sex toys in Alabama, enforcement of the law doesn’t seem to be high on officials’ list of threats to society.”

Posted at 12:38 PM by Howard Bashman

“Senate Panel Approves Press Shield Bill”: The Associated Press provides a report that begins, “The Senate Judiciary Committee on Thursday advanced a bill to shield reporters from being forced to reveal their sources in federal court, setting up a floor fight between supporters and Bush administration allies who believe the measure would harm national security.”

Posted at 12:32 PM by Howard Bashman

“Clarence Thomas Unplugged”: At her “Legalities” blog, ABC News correspondent Jan Crawford Greenburg has a post that links to two online video segments (access them here and here) described as parts one and two of “the ‘Director’s Cut’ version of [her] Clarence Thomas report for Nightline.” Jan’s post explains that “It’s a special extended version and adds some extraordinary material we had to trim from the broadcast Monday night, including Thomas’ thoughts on being cast as a ‘follower’ of Justice Antonin Scalia and his response to those who said he was not a worthy successor to Thurgood Marshall.”

Jan’s post concludes, “Over the next few days, I’ll be posting additional segments that explore Thomas as a Justice, including his thoughts on the usefulness of oral argument, why he believes the Constitution is ‘color-blind,’ and how he really feels about stare decisis.”

Posted at 12:30 PM by Howard Bashman

“Republicans seek quicker action on judges from the White House”: The Hill today contains an article that begins, “Senate Republicans are growing increasingly concerned that the White House is dragging its feet in nominating judges to the federal bench, with some saying that the lack of nominees could undermine election-year GOP arguments of Democratic obstructionism.”

Posted at 12:23 PM by Howard Bashman

“Officials: Justice’s house fire intentional; No charges are filed in blaze that gutted home of judge on Texas Supreme Court.” The Houston Chronicle today contains an article that begins, “The June fire that destroyed the Spring home of Texas Supreme Court Justice David Medina was intentionally set, the Harris County Fire Marshal’s Office ruled Wednesday. Investigators would not comment on a motive for the arson, which destroyed a neighboring house and damaged a third, chief investigator Dan Given said Wednesday afternoon.”

Posted at 10:44 AM by Howard Bashman

“Law prof. borrows text for book”: The Yale Daily News today contains an article that begins, “Several passages in Yale Law School professor Ian Ayres’ ’81 LAW ’86 newest book are unattributed verbatim reproductions or nearly identical paraphrases of passages from various newspaper and magazine articles published in the last twenty years, an investigation by the News has shown.”

In a review of the book — “Super Crunchers: Why Thinking-by-Numbers Is the New Way to Be Smart,” by Law Professor Ian Ayres — that David Leonhardt wrote for the September 16, 2007 issue of The New York Times Sunday Book Review, Leonhardt accused Ayres of including in the book “two sentences about a doctor in Atlanta that were nearly identical to two sentences I wrote in this newspaper last year.”

Posted at 9:14 AM by Howard Bashman

“Judge says U.S. must alert lawyer on detainee transfer; The ruling comes as the Supreme Court weighs whether prisoners held overseas have legal rights in U.S. system”: Henry Weinstein has this article today in The Los Angeles Times.

Posted at 8:52 AM by Howard Bashman

“Memoirs Are Made of This: A Book Bash for Justice Clarence Thomas.” The Washington Post today contains an article that begins, “Full of broad smiles, backslaps and bonhomie, the usually taciturn Supreme Court Justice Clarence Thomas was outspoken last night at a soiree celebrating his just-published memoir ‘My Grandfather’s Son.'”

Posted at 8:30 AM by Howard Bashman

“Democrats Won’t Block Hearing for Gonzales Successor”: This article appears today in The New York Times.

The Washington Post today reports that “Leahy Set to Schedule Hearings on Mukasey; Demand for White House Papers Dropped.” In addition, the newspaper contains an editorial entitled “A Hearing for Mr. Mukasey: The Senate should stop stalling consideration of the attorney general nominee.”

And The Los Angeles Times reports that “Mukasey hearing set to proceed; In light of papers withheld by White House, Senate panel signals it will hold the attorney general-designate to a higher standard.”

Posted at 8:20 AM by Howard Bashman

“Justices Seem to Support How New York State Selects Judges”: Linda Greenhouse has this article today in The New York Times.

Today in The New York Sun, Joseph Goldstein reports that “High Court Set To Let Parties Choose Judges.” Yesterday, the newspaper contained an editorial entitled “Lopez Torres Before the Nine.”

And reports that “Supreme Court Justices React Skeptically to N.Y. Judge Selection Challenge.”

You can access the transcript of yesterday’s U.S. Supreme Court oral argument in New York State Board of Elections v. Lopez Torres, No. 06-766, at this link.

Posted at 8:10 AM by Howard Bashman

“International Tort Crisis”: Today in The Wall Street Journal, Norman Lamont has an op-ed that begins, “Most commentators who talk about the ‘special relationship’ the United States has with the United Kingdom focus on military, diplomatic and intelligence cooperation between our countries. But in many ways, the foundation of that relationship is economic. And, unfortunately, that foundation is now in jeopardy because of securities litigation in the U.S. and, in particular, one case — Stoneridge v. Scientific Atlanta — that will be heard by the U.S. Supreme Court on Oct. 9.”

Posted at 8:00 AM by Howard Bashman

“A liberal’s lament: The NRA might be right after all.” Today in USA Today, Law Professor Jonathan Turley has an op-ed that begins, “This term, the Supreme Court may finally take up the Voldemort Amendment, the part of the Bill of Rights that shall not be named by liberals. For more than 200 years, progressives and polite people have avoided acknowledging that following the rights of free speech, free exercise of religion and free assembly, there is ‘the right of the people to keep and bear arms.'”

Posted at 7:50 AM by Howard Bashman