How Appealing

Friday, November 9, 2007

“Prosecutors Want Nacchio Verdict Upheld”: The AP provides a report that begins, “Federal prosecutors in papers filed Friday asked an appellate court to uphold the $52 million insider-trading conviction of former Qwest chief Joe Nacchio, disputing his claim that the evidence was insufficient to find him guilty.”

Posted at 5:50 PM by Howard Bashman

“Abortion foe ordered to stop Web postings”: The Philadelphia Inquirer today contains an article that begins, “A federal judge yesterday ordered an antiabortion activist to cease posting material on the Internet deemed threatening to doctors who provide abortion services.”

Today’s edition of The Philadelphia Daily News provides a news update headlined “Ax threats, abortion foe told.”

And The Associated Press reports that “Anti-Abortion Postings Ordered Removed.”

I have uploaded to this link yesterday’s injunctive order of the U.S. District Court for the Eastern District of Pennsylvania.

Posted at 5:18 PM by Howard Bashman

“Feinstein backs legal immunity for telecom firms in wiretap cases”: Bob Egelko has this article today in The San Francisco Chronicle.

Posted at 5:07 PM by Howard Bashman

The wheels on their motorized vehicle may “go round and round, round and round,” but that doesn’t make the vehicle a bus for purposes of the federal tax code: Circuit Judge William H. Pryor, Jr. of the U.S. Court of Appeals for the Eleventh Circuit today issued an opinion for a unanimous three-judge panel that begins, “This appeal presents a question that only a court of law and linguists would entertain: whether an ‘automobile bus’ is a ‘bus.'”

Posted at 4:47 PM by Howard Bashman

In state prisoner’s suit alleging infringement of a right to place ads, the Seventh Circuit observes, “An advertisement calling on the public to elect a Governor who will pardon or parole prisoners would be protected; an advertisement offering to rent a helicopter for an escape would not.” Chief Judge Frank H. Easterbrook wrote this interesting decision issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Posted at 4:14 PM by Howard Bashman

Programming note: My day job will have me working on an appellate project with co-counsel located in Scranton, Pennsylvania. Additional posts will appear here later today.

Posted at 8:15 AM by Howard Bashman

“Waterboarding Is Torture, Says Ex-Navy Instructor”: The Washington Post today contains an article that begins, “A former Navy survival instructor subjected to waterboarding as part of his military training told Congress yesterday that the controversial tactic should plainly be considered torture and that such a method was never intended for use by U.S. interrogators because it is a relic of abusive totalitarian governments.”

Posted at 8:14 AM by Howard Bashman

“Gitmo war court back in business”: Today in The Miami Herald, Carol Rosenberg has an article that begins, “Canadian captive Omar Khadr’s war crimes trial sputtered to a new start Thursday — with no plea, no evidence and the explosive disclosure that the defense had learned of a top secret U.S. eyewitness who could help their client’s case.”

And The Los Angeles Times reports today that “Terror case could turn on eyewitness; Defense lawyers say they just became aware of a potentially helpful onlooker in a Canadian suspect’s alleged attack on U.S. troops; The development renews concerns over military commissions.”

Posted at 8:12 AM by Howard Bashman

“Senate Confirms Mukasey By 53-40; Historically Low Tally for New Attorney General”: This front page article appears today in The Washington Post.

The Los Angeles Times reports today that “Senate confirms Mukasey as attorney general; Despite opposition from Democrats, the vote is 53-40 to approve the nomination; The retired federal judge is expected to be sworn in today as head of the embattled Justice Department.”

And James Rowley of Bloomberg News has articles headlined “Mukasey Confirmed by Senate to Be Bush’s Third Attorney General” and “Schumer, Leahy Jostle for Power as Mukasey Confirmed by Senate.”

Posted at 8:10 AM by Howard Bashman

“State’s high court alters test results; 2 officials’ children among 20 who benefit”: The State of Columbia, South Carolina today contains an article that begins, “The state’s top court has changed the grades for 20 people — including the children of a prominent state lawmaker and a longtime circuit judge — who earlier flunked the test required to practice law in South Carolina. The S.C. Supreme Court in last week’s order said the wills, trusts and estates section of the July exam would ‘not be considered’ in determining a test-taker’s overall score, though the justices gave no reasons for their decision.”

Posted at 7:58 AM by Howard Bashman

“The Clash Between Federal Drug Law and California’s ‘Medical Marijuana’ Law: How Two Interesting Recent Events Illustrate Their Interplay.” Vikram David Amar has this essay online today at FindLaw.

Posted at 7:55 AM by Howard Bashman