How Appealing



Monday, March 17, 2008

“Obama, Clinton Strangely Silent on Gun Debate”: Bloomberg News columnist Albert R. Hunt today has an essay that begins, “This Tuesday is a rare one in the U.S., without a presidential primary. The political fireworks instead will be at the Supreme Court, which will hear a case on whether the government can limit firearms.”

Posted at 10:03 AM by Howard Bashman



“With Order to Name Sources, Judge Is Casting a Wide Net”: The New York Times today contains an article that begins, “Every day, newspapers publish articles like the ones that have gotten Toni Locy in trouble: she quoted law enforcement officials, their names kept secret, about a person under investigation in an unsolved crime.”

And The Pittsburgh Post-Gazette reports today that “Ex-reporter put in tough spot in fight over sources.”

Posted at 8:20 AM by Howard Bashman



“States of Justice By Election: Campaign contributions should not influence judicial nominees.” Rebecca A. Schuetz has this op-ed today in The Harvard Crimson.

Posted at 8:07 AM by Howard Bashman



“Gun Case Causes Bush Administration Rift”: Linda Greenhouse has this article today in The New York Times.

Greg Stohr of Bloomberg News reports that “U.S. Court Takes Up Gun Rights After 217 Years of Saying Little.”

The Associated Press reports that “Lawyer in D.C. Gun Case Doesn’t Own One.”

And today’s edition of The Washington Post contains an editorial that begins, “The D.C. Gun Case: The Supreme Court approaches a momentous decision on the Second Amendment.”

Posted at 8:04 AM by Howard Bashman



“Skilling Pins His Appeal on FBI Notes; Former President Of Enron Claims Evidence Withheld”: This article appears today in The Wall Street Journal.

The Houston Chronicle has posted online at this link the supplemental appellate brief that is the subject of this article.

Posted at 8:00 AM by Howard Bashman



Sunday, March 16, 2008

“Lining up for Guns”: Tonight at her “Legalities” blog, ABC News correspondent Jan Crawford Greenburg has a post that begins, “The landmark legal battle over the 2nd Amendment is still two days–and two cold nights–away. But people already are waiting in line to get a prized seat in the courtroom for the historic arguments. Jason McCrory, 23, and Dan Mott, 21, started the line at exactly 5:35 p.m. Sunday. I know, because I happened to be standing out front myself, getting ready to file a report about the case for World News.”

You can watch Jan’s wind-blown video segment from tonight’s broadcast of ABC World News Tonight by clicking here.

Posted at 11:58 PM by Howard Bashman



“Supreme Court to hear challenge to Washington, D.C., gun law; The justices’ decision on the individual right to keep and bear arms under the 2nd Amendment could reverberate throughout the U.S.” David G. Savage will have this article Monday in The Los Angeles Times.

Posted at 11:47 PM by Howard Bashman



“Search and seizure ruling against Springfield man could head to Supreme Court”: Today in The Kansas City Star, Tony Rizzo has an article that begins, “When does no mean no? Or more precisely, where does no mean no? Last week, a federal appeals court said it was OK for police to take a Missouri man’s home computer without a warrant even after he told them they couldn’t. That’s because his wife, unaware that he had said no, allowed the officers to seize the computer as part of a child pornography investigation.”

My earlier coverage of last Tuesday’s en banc Eighth Circuit ruling appears at this link.

Posted at 8:57 PM by Howard Bashman



“Vt. high court upholds ex-partner’s visitation rights”: The Associated Press provides a report that begins, “A woman involved in a high-profile custody dispute welcomed a Vermont Supreme Court ruling [Friday] upholding her visitation rights to a child her former lesbian partner had when they were together.”

Posted at 8:55 PM by Howard Bashman



“Feds question court employees; Probe focuses on relationship between judge, Massey CEO”: Friday’s edition of The Charleston (W. Va.) Gazette contained an article that begins, “Investigators from the FBI and the U.S. attorney’s office in Charleston have interviewed employees of the West Virginia Supreme Court about a controversial case involving Massey Energy, court employees confirmed Thursday. Federal investigators have also interviewed at least one of the court’s five justices, Larry Starcher, according to an employee of the court. The employees who spoke to the Gazette requested anonymity. The U.S. investigation focuses on the relationship between Chief Justice Elliott ‘Spike’ Maynard and Massey Energy CEO Donald L. Blankenship. The two men were photographed together during July 2006 vacations along the French Riviera and in Monaco.”

Posted at 8:54 PM by Howard Bashman



“Gun-rights ruling could ricochet across nation; Chicago has stake in high court case”: James Oliphant has this article today in The Chicago Tribune.

The Washington Times reports today that “D.C., feds ready for epic gun battle.”

Monday’s edition of The Guardian (UK) reports that “Supreme court tests right to own guns; Lawyer funds challenge to Washington firearms ban; Ruling will test constitution and could rock elections.”

FOXNews.com reports that “Gun Control Advocates, Opponents Prepare for Supreme Court Argument.”

And Agence France-Presse reports that “US Supreme Court in historic hearing on gun laws.”

Posted at 8:23 PM by Howard Bashman



“A look at boy’s life behind Gitmo’s bars”: This excerpt from the book “Guantanamo’s Child: The Untold Story of Omar Khadr,” by Michelle Shephard, appears today in The Miami Herald.

Today’s newspaper also contains related items headlined “Pentagon spurns offer to explain” and “Lawyers call detention of boy unjust.”

And in yesterday’s newspaper, Carol Rosenberg had an article headlined “Judge rebukes Pentagon, grants Khadr motions.”

Posted at 3:10 PM by Howard Bashman



“When Reason Meets Rifles: The last time the court issued a major decision on the right to bear arms was in 1939, when criminals wore fedoras.” Dahlia Lithwick will have this essay in the March 24, 2008 issue of Newsweek.

Posted at 3:00 PM by Howard Bashman



“Attacking Climate Change in Court: A spate of legal cases try to hold corporations and governments liable global warming.” Emma Schwartz has this article online at the web site of U.S. Newe & World Report.

Posted at 2:57 PM by Howard Bashman



“Controversial sentence in TV series scam is overturned; The ruling by an appellate panel is another rebuke of Judge Manuel Real and means admitted con man Joseph Medawar could face more time”: This article appeared Saturday in The Los Angeles Times.

You can access Wednesday’s non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The LATimes article notes that “Last year, the judicial council of the 9th Circuit reprimanded Real, a federal judge in L.A. since 1966, on the grounds that he had exhibited a ‘pattern and practice of not providing reasons for his decisions when required to do so.'” I discussed the Judicial Conference Committee on Judicial Conduct and Disability’s review of that proposed reprimand in last week’s installment of my “On Appeal” column for law.com.

Posted at 12:21 AM by Howard Bashman



“D.C.’s Gun Ban Gets Day in Court; Justices’ Decision May Set Precedent In Interpreting the 2nd Amendment”: Robert Barnes has this front page article today in The Washington Post. A related sidebar looks at what, if anything, the Justices have said about the Second Amendment.

Posted at 12:05 AM by Howard Bashman



Saturday, March 15, 2008

“C.I.A. Secretly Held Qaeda Suspect, Officials Say”: Today’s edition of The New York Times contains an article that begins, “The Central Intelligence Agency secretly detained a suspected member of Al Qaeda for at least six months beginning last summer as part of a program in which C.I.A. officers have been authorized by President Bush to use harsh interrogation techniques, American officials said Friday.”

And The Los Angeles Times reports today that “High Al Qaeda figure captured, Pentagon says; Muhammad Rahim arrives at the Guantanamo Bay detention camp; He allegedly helped Osama bin Laden flee Afghanistan in 2001.”

Posted at 11:57 PM by Howard Bashman



“Supreme Court Inc.: How the nation’s highest court became increasingly receptive to the arguments of American business.” Law Professor Jeffrey Rosen will have this cover story in tomorrow’s edition of The New York Times Magazine.

Posted at 11:33 PM by Howard Bashman



“Justice and the Press: Why should reporters have a ‘privilege’ to avoid telling the truth in court?” Mark A. Grannis, attorney for Steven Hatfill, has this op-ed today in The Wall Street Journal.

Posted at 1:28 PM by Howard Bashman



Friday, March 14, 2008

“Jailed former Enron chief says prosecutors hid key evidence”: The Houston Chronicle provides a news update that begins, “Former Enron CEO Jeff Skilling says federal prosecutors should lose their biggest catch in the scandal that felled the company because they hid crucial evidence that would have helped him during his trial two years ago. In an appeals court filing made public today, Skilling’s lead lawyer, Daniel Petrocelli, alleged that the government shored up its case by hiding statements from former finance chief Andrew Fastow that would have bolstered Skilling’s defense.”

Update: The newspaper has posted the supplemental appellate brief at this link.

Posted at 10:52 PM by Howard Bashman



“Llano man has date with U.S. Supreme Court; Case could expand rights to court-appointed lawyers”: Today in The Austin American-Statesman, Chuck Lindell has an article that begins, “Walt Rothgery, a modest man with a hard-luck life, is about to be immortalized by the U.S. Supreme Court. His case, resulting from a mistaken arrest six years ago, will be argued before the nation’s highest court Monday. The ensuing opinion will be known as the Rothgery decision — discussed by journalists, dissected by legal scholars and cited by lawyers in future legal briefs.”

And today in The Houston Chronicle, Rick Casey has a related op-ed entitled “Supremes may slap Texas again.”

Posted at 10:45 PM by Howard Bashman