How Appealing



Monday, April 21, 2008

Access online the transcript of today’s U.S. Supreme Court oral argument in Sprint Communications Co. v. APCC Services, Inc., No. 07-552: The Court has posted it at this link.

Update: The Court has now also posted online at this link the transcript of today’s oral argument in Engquist v. Oregon Dept. of Agriculture, No. 07-474.

Posted at 2:45 PM by Howard Bashman



Ninth Circuit reinstates putative class action alleging that Gerber Products Company deceptively marketed its “Fruit Juice Snacks” as healthy for children: You can access today’s ruling at this link. The district court, in a ruling that the Ninth Circuit has reversed today, had granted Gerber’s motion to dismiss the action for failure to state a claim.

Posted at 2:37 PM by Howard Bashman



“We must decide whether customs officers at Los Angeles International Airport may examine the electronic contents of a passenger’s laptop computer without reasonable suspicion.” So begins the opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Based on that examination, the passenger was later charged with possessing and transporting child pornography. U.S. District Judge Dean D. Pregerson, however, granted the passenger’s motion to suppress the evidence discovered during the examination of the laptop.

Today’s Ninth Circuit ruling describes the passenger’s arguments on appeal as follows:

Arnold argues that the district court was correct in concluding that reasonable suspicion was required to search his laptop at the border because it is distinguishable from other containers of documents based on its ability to store greater amounts of information and its unique role in modern life.

Arnold argues that “laptop computers are fundamentally different from traditional closed containers,” and analogizes them to “homes” and the “human mind.” Arnold’s analogy of a laptop to a home is based on his conclusion that a laptop’s capacity allows for the storage of personal documents in an amount equivalent to that stored in one’s home. He argues that a laptop is like the “human mind” because of its ability to record ideas, e-mail, internet chats and web-surfing habits.

Despite the creativity of these arguments, today’s Ninth Circuit ruling reverses the district court’s suppression order, thereby paving the way for the child pornography prosecution to go forward.

Posted at 2:22 PM by Howard Bashman



“Which came first: memos or torture? John Yoo’s legal opinions and questions about culpability and timing.” Scott Horton has this op-ed today in The Los Angeles Times.

Posted at 9:20 AM by Howard Bashman



“Guantanamo commute is a real trial; For the lawyers and others involved in the war crimes tribunal, getting there and back is increasingly difficult”: Carol J. Williams has this article today in The Los Angeles Times.

Posted at 9:15 AM by Howard Bashman



“Justices to Hear Challenge of Law That Affects Self-Funded Candidates”: Robert Barnes has this article today in The Washington Post.

Posted at 9:12 AM by Howard Bashman



“From DNA of Family, a Tool to Make Arrests; Privacy Advocates Say the Emerging Practice Turns Relatives Into Genetic Informants”: The Washington Post contains this front page article today.

Posted at 9:10 AM by Howard Bashman



“Millionaires’ Amendment: The Supreme Court should uphold Congress’s modest effort to help candidates who rely on outside contributions get their messages out to the voters.” This editorial appears today in The New York Times.

Posted at 8:15 AM by Howard Bashman



“Fieger legal team a dream; Big-time criminal attorneys known for winning high-profile cases across nation”: David Ashenfelter has this article today in The Detroit Free Press.

Posted at 8:14 AM by Howard Bashman



“Porteous defense says dissenting judges don’t believe punishment fits the crime”: One week ago today, The Times-Picayune of New Orleans published an article that begins, “The transcripts and legal opinions locked away in the judicial complaint file of U.S. District Judge Thomas Porteous are so ultra-secret that not even the embattled jurist can share the documents shielded from public view by a policy designed to protect him. When the 5th Circuit Court of Appeal recommended Porteous for impeachment in December, it released six pages describing in broad strokes the charges against him. It did not, however, allow the public to read a nearly 50-page dissent written by four judges who heard the same evidence but didn’t consider the misdeeds worthy of the judiciary’s ultimate punishment for misconduct on the bench. The 5th Circuit does not acknowledge that the dissent exists, but Porteous’ newly hired defense team said the document contains critical arguments that it wishes it could make public.”

Posted at 6:50 AM by Howard Bashman



“How the Supreme Court’s Lethal Injection Ruling Elevates Appearances Over Reality”: Michael C. Dorf has this essay online today at FindLaw.

Posted at 6:44 AM by Howard Bashman



“State Secrets: A government misstep in a wiretapping case.” Patrick Radden Keefe has this article in the April 28, 2008 issue of The New Yorker.

Posted at 6:42 AM by Howard Bashman



Sunday, April 20, 2008

“Immunity for prosecutors: Miscarriages of justice cannot be rectified by allowing lawsuits against prosecutors.” Yesterday’s edition of The Los Angeles Times contained this editorial.

Posted at 11:25 PM by Howard Bashman



“Self-funded candidate rule brings campaign finance to court; A part of the McCain-Feingold reform law is being contested on behalf of wealthy candidates running for Congress”: Warren Richey will have this article Monday in The Christian Science Monitor.

Posted at 4:10 PM by Howard Bashman



“Military medical malpractice: Seeking recourse; Outrage over a recent spate of incidents spurs fresh efforts to overturn the Feres doctrine, a 1950 Supreme Court decision denying active-duty service members the right to sue over medical errors.” This article appears today in The Los Angeles Times.

Posted at 4:05 PM by Howard Bashman



Friday, April 18, 2008

Programming note: I will be in court this morning on a client matter. Additional posts will appear here this afternoon.

Posted at 7:58 AM by Howard Bashman



“Capital punishment common sense: The Supreme Court didn’t end capital punishment, but it may have started the U.S. down that road.” This editorial appears today in The Los Angeles Times.

Posted at 7:57 AM by Howard Bashman



“Tapes Not Part of Court Order, C.I.A. Insists”: Today’s edition of The New York Times contains an article that begins, “A records search by the Central Intelligence Agency has found no evidence that the agency violated a judge’s order when, in 2005, it destroyed videotapes that showed harsh interrogations, the C.I.A. said in a court declaration this week.”

Posted at 7:52 AM by Howard Bashman



“Professor in Deadlocked Terrorism Case Could Face a New Indictment”: The New York Times today contains an article that begins, “Sami al-Arian, a computer science professor imprisoned for more than five years after pleading guilty to a single terrorism-related charge when his trial deadlocked, is back in legal limbo this week. He faces either deportation or a new indictment that could extend his incarceration for years.”

Posted at 7:48 AM by Howard Bashman



“Scalia, long shy of news media, now more open; Justice’s views of law to go out to wider audience”: Joan Biskupic has this article today in USA Today.

Posted at 6:45 AM by Howard Bashman



Thursday, April 17, 2008

“Verdict on Tennessee Plan may require a jury: For now, appellate judges are appointed; Perhaps it’s time that judicial selection involved not just lawyers, but all of us.” Law Professor Brian T. Fitzpatrick had this op-ed yesterday in The Memphis Commercial Appeal.

Posted at 10:23 PM by Howard Bashman