How Appealing

Friday, November 2, 2007

“FCC Appeals Indecency Case to High Court”: The Associated Press provides a report that begins, “Comparing its dilemma to a Greek myth, lawyers for the Federal Communications Commission have formally asked the U.S. Supreme Court to review a lower court’s rejection of the agency’s policy on broadcast profanity.”

My earlier coverage from yesterday appears at this link.

Posted at 3:30 PM by Howard Bashman

“The problem of defining ‘wages’ in this case presents a contrast between two possible concepts of faculty tenure at the University.” The majority on a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit today issued an opinion that begins, “The issue in this case is whether early retirement payments made by the University of Pittsburgh to its tenured faculty are taxable as ‘wages’ under the Federal Insurance Contribution Act (FICA)?”

The majority holds that the payments constituted wages and thus were taxable. Third Circuit Chief Judge Anthony J. Scirica dissented in an opinion that concludes: “Accordingly, I would hold payments for the relinquishment of the property right in tenure at the University were not remuneration for employment and were not subject to FICA taxation.” In agreement with today’s dissenter, the trial judge had also held that the payments are not taxable.

Posted at 3:00 PM by Howard Bashman

“Brian Nichols case — Despite critics, Fuller toils on; Going from retirement to complex case: Superior Court judge took job nobody wanted.” Today’s edition of The Atlanta Journal-Constitution contains an article that begins, “Despite ongoing criticism and being called ‘a fool’ by a peer, the trial judge in the Brian Nichols death penalty case has shown no signs that he’s going to step aside. Nor is he cowering or maintaining a low profile.”

And The Associated Press is reporting that “Prosecutor sues judge over delays in Nichols’ trial.”

Posted at 2:54 PM by Howard Bashman

Who will want to be a state trial court judge in Virginia now that you can’t flip a coin to decide a case or order a litigant to drop her pants? The Associated Press provides a report headlined “Judge Booted for Flipping Coin to Decide” that begins, “A judge who ordered a woman to drop her pants and decided a custody dispute by flipping a coin was removed from the bench by the Virginia Supreme Court on Friday.”

You can access today’s ruling of the Supreme Court of Virginia at this link.

Posted at 2:44 PM by Howard Bashman

“Leahy to Oppose Mukasey for AG”: The Associated Press provides a report that begins, “The chairman of the Senate Judiciary Committee said Friday he won’t support Attorney General nominee Michael Mukasey, further undercutting his chances for a quick confirmation, because he hasn’t taken a firm enough stand against torture.”

Posted at 2:38 PM by Howard Bashman

“Panel OKs Tinder for appeals post”: The Indianapolis Star today contains an article that begins, “The Senate Judiciary Committee on Thursday unanimously approved U.S. District Judge John D. Tinder’s nomination to the federal appeals court. The full Senate must still vote on the Indianapolis native. It’s not clear when that vote might come.”

Posted at 1:52 PM by Howard Bashman

Vote for best (or should I say “most popular”) law blog in The 2007 Weblog Awards: You can vote once every 24 hours. By clicking here, you’ll be taken directly to the page where you can vote for one of the ten law blog finalists. All the other categories in which voting is also underway can be viewed via this link.

Posted at 11:04 AM by Howard Bashman

“Undecided Schumer May Be Key to Mukasey’s Chances; Judiciary Chairman Endorsed Justice Nominee but Says He, Like Other Democrats, Is Concerned About Torture Question”: The Washington Post contains this article today. An editorial is entitled “Mr. Mukasey and Torture: The Senate should confirm the former and ban the latter.” And today’s installment of Dana Milbank’s “Washington Sketch” column is headlined “Logic Tortured.”

The New York Times today contains articles headlined “Bush, Defending Justice Nominee, Sees Unfairness” and “Taking All the Credit, and Then Counting the Cost.”

The Los Angeles Times reports that “Bush raises stakes on Mukasey; Democrats’ insistence on a torture declaration is unfair and could leave the Justice Department without a leader, the president says.”

USA Today contains an article headlined “Bush: Mukasey approval needed for U.S. security.”

The Washington Times reports that “It’s Mukasey or no one, Bush warns.”

And The New York Sun reports that “Bush Scolds Congress For Its Treatment of Mukasey.”

Posted at 8:54 AM by Howard Bashman

“Princeton at risk of losing donor’s gift; In light of dispute, universities may work to ensure donations are spent in accord with requests”: This article appears today in The Yale Daily News.

Posted at 8:47 AM by Howard Bashman

“Brutality, Disguised: The Supreme Court should end both lethal injection and capital punishment altogether.” The Harvard Crimson contains this editorial today.

Posted at 8:44 AM by Howard Bashman

“Librarians Say Surveillance Bills Lack Adequate Oversight”: The Washington Post today contains an article that begins, “A little-remarked feature of pending legislation on domestic surveillance has provoked alarm among university and public librarians who say it could allow federal intelligence-gathering on library patrons without sufficient court oversight.”

Posted at 8:33 AM by Howard Bashman

“To Marine’s Father, Suit Is More Than Money”: The New York Times today contains an article that begins, “After a year and a half of anger, grief and legal maneuvering, the father of a marine killed in Iraq has said the success of his suit against a fundamentalist sect that picketed his son’s funeral means more than the jury’s $10.9 million damage award on Tuesday.”

The Baltimore Sun today contains articles headlined “Reversal likely in protest verdict; First Amendment applies, experts say” and “Survivors of soldiers thankful for verdict; Families find justice in damage award against Kan. church.” In addition, columnist Jean Marbella has an op-ed entitled “If church doesn’t pay, father still wins.”

And The Topeka Capital-Journal today contains articles headlined “Fallen Marine’s dad wants Phelps property” and “Phelps church vandalized; small firecrackers found.”

Posted at 8:14 AM by Howard Bashman