How Appealing



Tuesday, April 29, 2008

“Lawmaker Threatens Subpoenas for Aides; Officials Spurn Hearing on Torture”: This article appears today in The Washington Post.

Posted at 9:17 AM by Howard Bashman



“Getting Away With Torture: Legal maneuvering has shielded those responsible for conditions at Guantanamo Bay.” Dahlia Lithwick has this essay in the May 5, 2008 issue of Newsweek.

Posted at 9:15 AM by Howard Bashman



“Could Constitutional Flaw Unravel Eight Years of Patent Board Rulings?” Marcia Coyle has this article in this week’s issue of The National Law Journal. Via the blog “Patently-O,” you can access at this link the petition for writ of certiorari that is the subject of this article.

Posted at 9:10 AM by Howard Bashman



“Justice lashes out at GOP state senators”: The Philadelphia Inquirer today contains a front page article that begins, “State Supreme Court Chief Justice Ronald D. Castille has toughened his criticism of Senate Republicans for not acting on four interim appointments to state appellate courts, and dismissed their arguments about diversity as ‘misplaced.'”

And earlier this month, The Patriot-News of Harrisburg, Pennsylvania published an article headlined “Top justice backs Rendell on 4 appellate nominees.”

Posted at 8:37 AM by Howard Bashman



Monday, April 28, 2008

Parts two and three of National Public Radio’s interview with Justice Antonin Scalia: Part two appeared on today’s broadcast of “Day to Day” in an audio segment entitled “Justice Scalia: Be Likeable and Avoid Contractions.”

And part three appeared on this evening’s broadcast of “All Things Considered” in an audio segment entitled “Scalia Vigorously Defends a ‘Dead’ Constitution.”

Both segments featured Nina Totenberg, and RealPlayer is required to launch these audio segments. Earlier today, I linked here to part one of this three-part interview.

Posted at 7:32 PM by Howard Bashman



“Supreme Court Upholds Ind. Voter ID Law”: Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court upholds Indiana’s voter ID law; Republicans have pushed for such laws in an effort to combat ‘voter fraud’; Democrats have argued they are attempts to discourage elderly and poor people from casting ballots.”

Michael Doyle of McClatchy Newspapers has an article headlined “Supreme Court: States can require voter IDs.”

The Indianapolis Star provides a news update headlined “Supreme Court upholds Indiana voter ID law.”

At “The Swamp” blog of The Chicago Tribune, James Oliphant has a post titled “Supreme Court upholds ‘Voter ID’ law.”

Greg Stohr of Bloomberg News reports that “Voter-Identification Law Upheld by U.S. Supreme Court.”

And James Vicini of Reuters reports that “Top court upholds photo ID voting law.”

Posted at 3:08 PM by Howard Bashman



“Making Your Case: The Art of Persuading Judges.” ABA Journal has posted online at this link substantial excerpts from the new book by Antonin Scalia and Bryan A. Garner.

And ABA Journal has also posted online an mp3 podcast interview with the authors, which you can access online at this link or download for listening later via this link (25.0 MB mp3 audio file).

Posted at 12:15 PM by Howard Bashman



“Victims of Genital Mutilation Face Deportation”: Today in The New York Sun, Joseph Goldstein has an article that begins, “A federal appeals court in Manhattan will hear arguments tomorrow on whether three women who were forced to undergo genital mutilation in West Africa should be granted safe harbor in America.”

Posted at 10:47 AM by Howard Bashman



“Court rejects voter ID challenge; no new grants”: Lyle Denniston has this post at “SCOTUSblog.”

Today’s lone ruling of the U.S. Supreme Court in an argued case issued in Crawford v. Marion County Election Board, No. 07-21. Justice John Paul Stevens announced the judgment of the Court and issued an opinion in which the Chief Justice and Justice Anthony M. Kennedy joined. Justice Antonin Scalia issued an opinion concurring in the judgment, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined. Justice David H. Souter issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. And Justice Stephen G. Breyer issued a dissenting opinion. You can access the decision at this link and the oral argument transcript at this link.

In early news coverage, Mark Sherman of The Associated Press reports that “Supreme Court upholds photo ID law for voters in Indiana.”

And you can access today’s Order List at this link.

Posted at 10:10 AM by Howard Bashman



“Suing the DA: Should prosecutors be immune from civil lawsuits?” Online at Reason, Radley Balko has an essay that begins, “Last week, the U.S. Supreme Court agreed to hear the case of Thomas Goldstein, an ex-marine who was convicted of murdering his neighbor.”

Posted at 8:57 AM by Howard Bashman



“Unusual Nonsense: The Supreme Court’s continued failure to rationalize its decisions about cruel and unusual punishment.” Benjamin Wittes has this essay online today at The New Republic.

Posted at 8:55 AM by Howard Bashman



“Lawyers Fear Monitoring in Cases on Terrorism”: The New York Times today contains an article that begins, “Thomas Nelson, an Oregon lawyer, has lived in a state of perpetual jet lag for the last two years. Every few weeks, he boards a plane in Portland and flies to the Middle East to meet with a high-profile Saudi client who cannot enter the United States because he faces charges here of financing terrorism. Mr. Nelson says he does not dare to phone this client or send him e-mail messages because of what many prominent criminal defense lawyers say is a well-founded fear that all of their contacts are being monitored by the United States government.”

Posted at 8:25 AM by Howard Bashman



“The ABA’s ‘Diversity’ Diktat: How the American Bar Association mandates discrimination in our law schools.” Gail Heriot has this op-ed today in The Wall Street Journal.

Posted at 8:20 AM by Howard Bashman



Sunday, April 27, 2008

“Justice Scalia On The Record: 60 Minutes’ Lesley Stahl Interviews The Justice About His Life And Career.” CBS News has posted online this transcript (for the single-page print version of the transcript, click here) of tonight’s interview of Justice Antonin Scalia on “60 Minutes.”

CBS News has also posted online the video of this evening’s “60 Minutes” interview in two parts: part one and part two.

Posted at 8:50 PM by Howard Bashman



Saturday, April 26, 2008

“Letters Give C.I.A. Tactics a Legal Rationale”: The New York Times on Sunday will contain an article that begins, “The Justice Department has told Congress that American intelligence operatives attempting to thwart terrorist attacks can legally use interrogation methods that might otherwise be prohibited under international law.”

The letters referenced in the article can be accessed here, here, here, and here.

Posted at 9:32 PM by Howard Bashman



“Top court puts leash on random searches by sniffer dogs”: The Toronto Globe and Mail today contains an article that begins, “The Supreme Court of Canada jettisoned evidence of narcotics detected by sniffer dogs at an Alberta bus terminal and an Ontario high school because the individuals involved had a reasonable expectation of privacy. The majority of the court in a pair of 6-3 decisions yesterday said police must have a reasonable suspicion an individual has a narcotic before they can conduct a search with sniffer dogs. The rulings, which featured an unusually factionalized court and starkly differing constitutional visions, provides guidelines to police for sniffer-dog searches in public places such as malls and stadiums.”

The Toronto Star reports today that “Random searches curbed; Bringing in sniffer dogs without justification violates privacy rights, Supreme Court rules.”

The Sarnia Observer contains articles headlined “Search deemed unlawful” and “Supreme Court got it right; Supreme court says police actions were ‘unjustifiable.’

The London Free Press contains an article headlined “Hands off backpacks.”

The Edmonton Sun contains an article headlined “‘Power to dealer’; Parents’ group slams court ruling on sniffer dogs.”

The Vancouver Sun reports that “Muzzling of sniffer dog use won’t alter private business; There’s still money in detecting illegal materials in buildings, ships, trucks.”

Canwest News Service reports that “Supreme Court muzzles sniffer dogs.”

CBC News provides a report headlined “Random use of police sniffer dogs breaches charter: top court.”

Reuters reports that “Canada’s high court limits drug-sniffing dogs.”

Bloomberg News reports that “Canadian Police Barred From Random School Searches by Top Court.”

And Agence France-Presse reports that “Canada high court rules police dog’s sniff is unlawful search.”

You can access here and here yesterday’s rulings of the Supreme Court of Canada.

Posted at 3:14 PM by Howard Bashman



“John Demjanjuk’s lawyer files appeal of deportation with U.S. Supreme Court”: This article appears today in The Cleveland Plain Dealer.

Posted at 3:02 PM by Howard Bashman



“Detainees’ Mental Health Is Latest Legal Battle”: The New York Times today contains a front page article that begins, “Next month, Salim Ahmed Hamdan, a Yemeni who was once a driver for Osama bin Laden, could become the first detainee to be tried for war crimes in Guantanamo Bay, Cuba.”

Posted at 11:44 AM by Howard Bashman



Friday, April 25, 2008

“Stock Holdings May Force Justices to Sit Out Apartheid Case”: Today in The Daily Journal of California, Brent Kendall has a front page article that begins, “When the U.S. Supreme Court meets today in a private conference, it could face the mother of all recusal problems for justices who own stocks.”

Posted at 11:50 PM by Howard Bashman



Reading Phillies 3, Connecticut Defenders 2: My son and I traveled to Reading, Pennsylvania this evening to watch the Reading Phillies — the AA Eastern League affiliate of the Philadelphia Phillies — host the Connecticut Defenders — the AA Eastern League affiliate of the San Francisco Giants. Not only did the game feature a Chase Utley bobblehead doll giveaway, but Phillies center fielder Shane Victorino was on rehab assignment to Reading and started the game. As luck would have it, our seats were in the front row along the first base line just past the base, so my son obtained Victorino’s signature on a baseball as Shane was heading back to the dugout after his pre-game warmups. Victorino went one-for-three at the plate and tracked down some well-hit balls in the outfield. He did not seem to be experiencing any lingering effects of the leg injury that put him on the disabled list.

Trailing the game 2-1 at the end of the first inning, Reading scored two runs on a home run in the bottom of the 7th inning and held on to win 3-2. You can view the box score at this link, while wraps are available here and here.

My son and I are likely to see Victorino again on Sunday, when we travel to the Allentown, Pennsylvania region to watch the Lehigh Valley IronPigs — AAA affiliate of the Phillies — host the Rochester Red Wings — the AAA affiliate of the Minnesota Twins — in an International League match-up.

But it won’t be until Wednesday that I retrieve our next Phillies-related bobblehead doll. And by then, Shane Victorino should be back with the major league Phillies.

Posted at 11:25 PM by Howard Bashman



“Chief Justice Names New Executive Committee Chairman”: The Administrative Office of the U.S. Courts today issued a news release that begins, “Chief Justice John G. Roberts, Jr. has appointed Anthony J. Scirica, the Chief Judge of the United States Court of Appeals for the Third Circuit, to be chairman of the Executive Committee of the Judicial Conference of the United States.”

Posted at 12:05 PM by Howard Bashman



“Official defends VA’s mental health effort”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The Department of Veterans Affairs’ top health official, testifying in a lawsuit by veterans’ groups that accuse the VA of inept mental health care, cautioned Thursday against overstating the problem of mental illness among returning troops and said most patients are satisfied with their treatment.”

Posted at 10:07 AM by Howard Bashman



“New trial ordered on San Bernardino strip club; The Flesh Club says San Bernardino misled a judge in 1995, leading to an injunction against nude dancing”: The Los Angeles Times today contains an article that begins, “The state Supreme Court ruled Thursday that a new trial be held to determine if the city of San Bernardino intentionally misled a judge during its battle to close down a notorious strip club that officials said was actually a brothel.”

The Press-Enterprise of Riverside, California reports today that “New hearing ordered for Flesh Club; The court focuses on whether the judge received needed information.”

And The San Bernardino County Sun reports that “Flesh Club victory on hold; State high court sends case back to trial court.”

You can access yesterday’s ruling of the Supreme Court of California at this link.

Posted at 10:05 AM by Howard Bashman



“Effort intensifies for same-sex marriage ban”: Today’s edition of The San Francisco Chronicle contains an article that begins, “The battle over same-sex marriage in California heated up Thursday, when supporters of an initiative to ban it in the state’s Constitution submitted more than 1.1 million signatures in an effort to qualify the measure for the November ballot.”

Posted at 10:00 AM by Howard Bashman



“Court reduces Genentech damages in royalty suit”: Bob Egelko and Bernadette Tansey have this article today in The San Francisco Chronicle.

And law.com reports that “$300 Million Award Stands Against Genentech, but $200 Million in Punitives Get Tossed; Case drew national attention when jurors hit Genentech with huge damages for allegedly cheating center of billions in royalties.”

My earlier coverage of yesterday’s ruling of the Supreme Court of California appears at this link.

Posted at 9:57 AM by Howard Bashman