How Appealing



Monday, November 19, 2007

“Blaze that destroyed Supreme Court justice’s home a mystery”: The Associated Press provides a report that begins, “It might sound like the kind of case fire investigators deal with routinely: A family with some financial problems loses their house in a blaze that’s later ruled as arson. What makes this story so unusual is the homeowner, Texas Supreme Court Justice David Medina.”

Posted at 8:00 AM by Howard Bashman



In commentary available online at FindLaw: Michael C. Dorf has an essay entitled “The U.S. Court of Appeals for the Ninth Circuit Dismisses a Challenge to Warrantless Wiretapping But Leaves Plaintiffs With a Sliver of Hope.”

And Mark H. Allenbaugh and Paul J. Hofer have an essay entitled “The U. S. Sentencing Commission Considers Shortening Terms for Imprisoned Crack Offenders: Should the Reduction of the Disparity Between Crack and Powder Cocaine Sentencing Be Retroactive?

Posted at 7:55 AM by Howard Bashman



Sunday, November 18, 2007

“Court unlikely to rule against lethal injections”: Yesterday’s edition of The Sydney Morning Herald contained an article that begins, “For the first time in three years, more than a month has gone by in the US without a single execution.”

Posted at 8:05 PM by Howard Bashman



“Senate isn’t exactly out of town; The chamber will be briefly back in session to forestall any recess appointments by Bush”: This article appears today in The Los Angeles Times.

Posted at 7:54 PM by Howard Bashman



“All the President’s Powers”: Emily Bazelon today has this review in the Sunday Book Review section of The New York Times.

Posted at 7:30 PM by Howard Bashman



“What a judge may tell Kent: The reprimand may sound familiar.” Today in The Houston Chronicle, columnist Rick Casey has an op-ed that begins, “There seems a good chance that U.S. District Judge Samuel Kent will face a jury of his peers — not the judges who already found him guilty, but of 12 good citizens and true.”

Posted at 7:18 PM by Howard Bashman



“Huckabee: Abortion Not States’ Call.” The Associated Press provides a report that begins, “Republican presidential candidate Mike Huckabee rejects letting states decide whether to allow abortions, claiming the right to life is a moral issue not subject to multiple interpretations.”

Posted at 3:15 PM by Howard Bashman



“Utahns exercise right to openly carry firearms; More citizens pack heat in plain view; legality remains a murky area”: The Salt Lake Tribune contains this article today.

Posted at 3:14 PM by Howard Bashman



“Utah’s Cross Controversy: The Utah Highway Patrol Association is faced with a lawsuit over placing by the side of the road crosses honoring state troopers killed in the line of duty.” This article appears online at Newsweek’s web site.

In Thursday’s issue of The Salt Lake Tribune, Pamela Manson had an article headlined “Fallen trooper memorials: Crosses go from highways to courtroom; Are the markers illegal symbols of Christianity, or secular memorials?

And The Deseret Morning News reported last week that “Attorneys argue Utah Highway Patrol cross case.”

Posted at 3:05 PM by Howard Bashman



“Love in the Time of Dementia”: The Week in Review section of today’s edition of The New York Times contains an article that begins, “So this, in the end, is what love is. Former Justice Sandra Day O’Connor’s husband, suffering from Alzheimer’s disease, has a romance with another woman, and the former justice is thrilled — even visits with the new couple while they hold hands on the porch swing — because it is a relief to see her husband of 55 years so content.”

And at Poynter Online, Al Tompkins has an essay entitled “Behind the O’Connor Love Story: By telling an intimate story about a famous family, a Phoenix television station examines a side of Alzheimer’s unknown to many; Here’s how it happened” (via “LawBeat“).

Posted at 12:15 PM by Howard Bashman



Saturday, November 17, 2007

“Timing of Bonds’s Indictment Feeds Speculation”: The New York Times today contains this article, along with an article headlined “Prosecution’s Best Pitch Is Precision, Experts Say.”

The Los Angeles Times reports today that “Concern delayed the case against Bonds; Federal prosecutors, unsure of the strength of their evidence, gave the slugger time to break Henry Aaron’s home run record.”

And The San Francisco Chronicle contains an article headlined “Bonds’ defense: Lawyer may have talked his client into a corner.”

Posted at 11:35 PM by Howard Bashman



“Court’s Fuel-Economy Ruling May Prod Congress to Set Even Higher Requirements”: This article appears today in The New York Times.

Posted at 11:03 PM by Howard Bashman



Some noteworthy recent law review articles: In the November 2007 issue of Boston College Law Review, Law Professor Adam N. Steinman has an article entitled “Reinventing Appellate Jurisdiction” (via “Concurring Opinions“).

In the Fall 2007 issue of Northwestern University Law Review, Lee Epstein, Andrew D. Martin, Kevin M. Quinn, and Jeffrey A. Segal have an article entitled “Ideological Drift among Supreme Court Justices: Who, When, and How Important?” In response to that article, Linda Greenhouse has an essay entitled “Justices Who Change: A Response to Epstein et al.” And Law Professor Ward Farnsworth has an essay entitled “The Use and Limits of Martin-Quinn Scores to Assess Supreme Court Justices, with Special Attention to the Problem of Ideological Drift.” (All via “Concurring Opinions.”)

Forthcoming in Texas Law Review, Law Professor David R. Stras will have a review essay entitled “The New Politics of Judicial Appointments” (SSRN abstract with links for download) (via “Legal Theory Blog“).

And Law Professor Joshua D. Wright has posted to SSRN an article entitled “The Roberts Court and the Chicago School of Antitrust: The 2006 Term and Beyond” (abstract with links for download) (via “Legal Theory Blog“).

Posted at 10:50 PM by Howard Bashman



“Giuliani says he’d pick conservative justices; Seeking support during an address to the Federalist Society, the Republican presidential candidate promises to nominate justices like Antonin Scalia and Clarence Thomas; He also backs gun rights”: David G. Savage has this article today in The Los Angeles Times.

And The New York Times reports today that “Giuliani Vexes Audiences With His Abortion Views.”

Posted at 4:33 PM by Howard Bashman



“Court rejects challenge to wiretap program; The Bush administration’s warrantless spy effort is protected by the ‘state secrets’ privilege, federal judges rule”: Henry Weinstein has this article today in The Los Angeles Times.

The Oregonian reports today that “Islamic charity’s suit blocked in use of U.S. secret document; The 9th Circuit Court ruling may allow the nationally watched case to proceed.”

The San Francisco Chronicle reports that “Court of Appeals allows Islamic group to sue over eavesdropping.”

The New York Times reports that “Court Bars Secret Papers in Eavesdropping Case.”

In The Washington Post, Dan Eggen reports that “Both Government and Islamic Charity Claim Victory in Eavesdropping Case.”

And Declan McCullagh of c|net News.com has a post at his blog “The Iconoclast” titled “Appeals court’s ruling may aid spy suits against AT&T, Verizon.”

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

Posted at 1:08 PM by Howard Bashman



Available online from law.com: An article reports that “Bush Tells Federalist Society Judicial Confirmation Process Is Broken; Supreme Court Justices Antonin Scalia and Samuel Alito also spoke at the conservative legal group’s 25th anniversary gala.” Additional extensive coverage of the Federalist Society event can be accessed at “The BLT: The Blog of Legal Times.”

In other news, Shannon P. Duffy reports that “Bush Chooses District Judge for 3rd Circuit, With Reed Smith Attorney as Replacement.”

An article reports that “Courtroom Cell Phone Camera Ruled Witness Intimidation Tool.” You can access the ruling of the Appeals Court of Massachusetts at this link.

And the brand new installment of my “On Appeal” column is headlined “D.C. Circuit Doesn’t Swallow Lactose-Intolerance Class Action.”

Posted at 12:52 PM by Howard Bashman



Friday, November 16, 2007

“Court rejects challenge to wiretap program; The Bush administration’s warrantless spy effort is protected by the ‘state secrets’ privilege, federal judges rule”: Henry Weinstein of The Los Angeles Times provides this news update.

Posted at 3:05 PM by Howard Bashman



“9th Circuit Deals Setback to NSA Surveillance Victim”: Wired.com’s “Threat Level” blog this afternoon has a post that begins, “Two Americans who claim to have been given proof they were spied on by the government’s secret, post-9/11 surveillance program can not use the document the government accidentally turned over to prove that they were spied on because the government claims that it will endanger national security, a federal appeals court ruled Friday. A three-judge panel at the 9th Circuit Court of Appeals reversed a lower court decision that required that the plaintiff’s lawyers turn all copies of the document over to the court, but let them reconstruct – on secure computers – their recollections of the document in order to prove they had standing to sue the government.”

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit in Al-Haramain Islamic Foundation v. Bush at this link. And the trial court’s ruling can be accessed here.

Update: The Associated Press reports that “Court Deals Blow to Wiretapping Case.”

Posted at 1:44 PM by Howard Bashman



“Bush judicial nominee sued, accused of defamation”: The Virginian-Pilot today contains an article that begins, “E. Duncan Getchell Jr., a Richmond lawyer nominated to the federal appeals court, was accused this week of making a costly error in 2005, then spreading false statements about it and shifting the blame to another lawyer to save his judicial nomination.”

Posted at 1:33 PM by Howard Bashman