How Appealing



Thursday, February 21, 2008

“Maraman sworn in as justice”: Friday’s edition of The Pacific Daily News of Guam contains an article that begins, “The Guam Judicial Center was packed with well-wishers sitting, standing in the center’s atrium and looking down from the balcony as Katherine Maraman was sworn in as an associate justice for the Supreme Court of Guam. Maraman filled the seat vacated by Frances Tydingco-Gatewood upon Tydingco-Gatewood’s appointment as the chief Judge of the District Court of Guam in November of 2006.”

Posted at 8:24 PM by Howard Bashman



“First Circuit weighs in on Rule 32(h) issue soon to be addressed by SCOTUS”: At his “Sentencing Law and Policy” blog, Law Professor Doug Berman has this post about an en banc ruling that the U.S. Court of Appeals for the First Circuit decided today by a vote of 3-2.

Doug’s post also notes the interesting statements found at the outset of Circuit Judge Juan R. Torruella‘s dissenting opinion. It almost sounds as though Judge Torruella is complaining that the en banc decision was being rushed out the door before he had an adequate opportunity to offer an explanation of the reasons for his dissent.

It also appears that Judge Torruella’s dissent cites to his separate dissent from the denial of rehearing en banc in the case captioned Cerqueira v. American Airlines, Inc., even though the PACER docket entries in the Cerqueira case do not yet reflect the entry of an order denying rehearing en banc. That’s got to be an unusual to learn that rehearing en banc has been (or, more likely, is about to be) denied.

Posted at 5:33 PM by Howard Bashman



“Kennedy Defends Foreign Law References”: Mark Sherman of The Associated Press provides a report that begins, “Just who was Justice Anthony Kennedy calling out when he fired back at critics of the Supreme Court’s use of international law in its opinions?”

Posted at 5:20 PM by Howard Bashman



“Appeal on Time, or Don’t Appeal at All, U.S. Supreme Court Advises”: Back on June 18, 2007, I had this installment of my weekly “On Appeal” column for law.com discussing the U.S. Supreme Court‘s then-recent 5-4 ruling in Bowles v. Russell.

Last month, the “Colloquy” web site of the Northwestern University Law Review published two essays about the Bowles ruling. Law Professor Perry Dane‘s essay is entitled “Sad Time: Thoughts on Jurisdictionality, the Legal Imagination, and Bowles v. Russell” (also available in PDF format).

And attorney E. King Poor has an essay entitled “The Jurisdictional Time Limit for an Appeal: The Worst Kind of Deadline–Except for All Others” (also available in PDF format).

Posted at 3:18 PM by Howard Bashman



“Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice.” Along with Kimberly A. Kralowec of “The UCL Practitioner” blog and J. Craig Williams of the “May it Please the Court” blog, I’ll be taking part in this West Legalworks audio program live at noon eastern time today.

There’s still time to register for the program via this link, and by using the code WLW15 at checkout, you can obtain a 15 percent discount on the program’s cost.

Posted at 10:54 AM by Howard Bashman



“Cost-cutting may close courts; Workers may be sent home without pay; A judge calls it a ‘catastrophe'”: The St. Petersburg Times today contains an article that begins, “Judges across Florida say the state’s budget crunch will shutter courthouses for weeks this spring as thousands of court employees are sent home without pay. At risk, they say, is a halt to all civil litigation for those weeks, such as foreclosures and divorces. All that would be heard is priority family law cases and critical criminal proceedings.”

Posted at 10:44 AM by Howard Bashman



“Schiavo judge gets no shelter from storms; Judge George Greer moves from the Terri Schiavo case to the divorce wars”: This article appeared last month in The St. Petersburg Times.

Posted at 10:32 AM by Howard Bashman



“AG backs abortion buffer zone; Her brief responds to group’s lawsuit”: The Boston Globe today contains an article that begins, “Attorney General Martha Coakley said yesterday that a new law restricting antiabortion activists from standing within 35 feet of an abortion clinic’s entrance did not violate their right to free speech. Coakley filed a brief in federal court in response to a lawsuit filed last month by antiabortion activists, who oppose the new restriction, saying it violates their constitutional right to protest on a public sidewalk.”

Posted at 8:47 AM by Howard Bashman



“Lawyers divided on death penalty system; Prosecutors and defense attorneys tell a state panel that the system is dysfunctional but differ on solutions”: Henry Weinstein has this article today in The Los Angeles Times.

Posted at 8:40 AM by Howard Bashman



“Supreme Court gives business 2 wins; It interprets federal law broadly to protect companies from juries and state regulators”: David G. Savage has this article today in The Los Angeles Times.

Today in The Washington Post, Robert Barnes has articles headlined “Supreme Court Shields Medical-Device Makers; Decision Rules Out State Lawsuits Over Products That Meet FDA’s Highest Standards” and “Supreme Court Strikes Down State’s Law to Diminish Internet Tobacco Sales to Teens.”

In USA Today, Joan Biskupic reports that “Court draws line on state safeguards.”

law.com’s Tony Mauro reports that “Supreme Court Continues Pro-Business Stance; But a high court ruling in an ERISA case prevents a clean sweep for business.”

The Minneapolis Star Tribune reports that “Ruling shields med-tech firms; The Supreme Court decision in a case involving Medtronic curbed the ability of consumers to sue medical-product makers.”

The St. Paul Pioneer Press reports that “Justices side with Medtronic; Supreme Court reins in medical device lawsuits.”

Bob Egelko of The San Francisco Chronicle reports that “High court ruling favors medical device firms.”

And in The New York Sun, Joseph Goldstein reports that “In Blow to Spitzer, Court Strikes Down Tobacco Law.”

Posted at 8:33 AM by Howard Bashman



“Top Court Allows Suit Over 401(k)”: Linda Greenhouse has this article today in The New York Times.

The Wall Street Journal reports that “Ruling Allows Workers to Sue On 401(k) Losses.”

USA Today reports that “High court greenlights worker’s 401(k) suit; It’s the first time an individual can sue employer over losses.”

And The Washington Post contains an editorial entitled “A Victory for Workers: The Supreme Court allows employees to sue their retirement plans.”

Posted at 8:15 AM by Howard Bashman



“Stifling Online Speech”: Today’s edition of The New York Times contains an editorial that begins, “The rise of Internet journalism has opened a new front in the battle to protect free speech. A federal judge last week ordered the disabling of Wikileaks.org, a muckraking Web site. That stifles important speech and violates the First Amendment. It should be reversed, and Wikileaks should be allowed to resume operations.”

Posted at 8:04 AM by Howard Bashman



“Journalism on Trial”: Today in The Wall Street Journal, Judith Miller has an op-ed that begins, “There are many ways to intimidate or silence journalists. One depressing tactic in this country is to jail them for refusing to divulge the names of confidential sources who have provided sensitive information for articles, or to turn over telephone logs, emails, memos or notebooks identifying those informants to whom reporters have pledged confidentiality.”

Posted at 8:02 AM by Howard Bashman



“U.S. Investigates Whether Lott Had Role in Mississippi Judge Case; Federal Inquiry Examines Former Senator’s Links To a Scruggs Suit Ruling”: This article appears today in The Wall Street Journal.

Posted at 7:58 AM by Howard Bashman