How Appealing



Tuesday, June 3, 2008
Monday, June 2, 2008

“Cass Sunstein and Eugene Volokh on Bloggingheads”: This diavlog was recorded May 27, 2008 and posted online today (via “Althouse“).

Update: “How Appealing” is mentioned, on the topic of “the architecture of serendipity.”

Posted at 3:17 PM by Howard Bashman



“Court rules on paralegal fees, money laundering”: Lyle Denniston has this post at “SCOTUSblog.”

The U.S. Supreme Court today issued three decisions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Richlin Security Service Co. v. Chertoff, No. 06-1717. Although no Justice filed any separate opinion, Justices Antonin Scalia and Clarence Thomas did not join in all of Justice Alito’s opinion. You can access the decision at this link and the oral argument transcript at this link.

2. Justice Thomas delivered the opinion for a unanimous Court in Regalado Cuellar v. United States, No. 06-1456. Justice Alito also filed a concurring opinion, in which the Chief Justice and Justice Anthony M. Kennedy joined. You can access the decision at this link and the oral argument transcript at this link.

3. And Justice Scalia announced the judgment of the Court and delivered an opinion in which Justices David H. Souter and Ruth Bader Ginsburg joined in full and in which Justice Thomas joined in part in United States v. Santos, No. 06-1005. Justice John Paul Stevens filed an opinion concurring in the judgment. Justice Stephen G. Breyer filed a dissenting opinion. And Justice Alito filed a dissenting opinion, in which the Chief Justice, Justice Kennedy, and Justice Breyer joined. You can access the decision at this link and the oral argument transcript at this link.

You can access today’s Order List at this link.

In early news coverage, The Associated Press reports that “Justices rule for defendants on money laundering” and “Court refuses to consider fantasy baseball dispute.”

Posted at 10:14 AM by Howard Bashman



Recently on C-SPAN’s “America and the Courts“: Two Saturday’s ago, Solicitor General Paul D. Clement — whose final day in office is today — was the program’s focus. You can view the broadcast by clicking here (also featuring remarks from Chief Justice John G. Roberts, Jr.), while a bonus interview with Clement can be viewed by clicking here.

This past Saturday’s broadcast focused on the commencement addresses that three U.S. Supreme Court Justices recently delivered. C-SPAN has also separately posted online the commencement addresses from Justice Clarence Thomas; Justice Stephen G. Breyer; and Justice Samuel A. Alito, Jr.

RealPlayer is required to launch these video segments.

Posted at 9:12 AM by Howard Bashman



“Gay marriage may be a gift to California’s economy; Business is up for hotels, bakers and photographers as same-sex couples prepare to wed”: The Los Angeles Times contains this article today.

Posted at 9:05 AM by Howard Bashman



“Convicted killer and alleged KKK member to appeal”: The Associated Press provides a report that begins, “James Ford Seale, the reputed Ku Klux Klan member serving three life sentences for his role in the 1964 abduction and murder of two black Mississippi teenagers, is disputing his conviction.” According to the article, “On Monday, Kathy Nester, Seale’s attorney, was expected to argue to the 5th U.S. Circuit Court of Appeals that federal prosecutors failed to prove key elements needed for conviction.”

Posted at 8:54 AM by Howard Bashman



“Porn trial more than a simple smut case”: Yesterday’s edition of The St. Petersburg Times contained an article that begins, “Twelve local residents spent last week doing a dirty job for the rest of us. Jurors in the federal trial of Paul F. Little, a California man who known by the nom de porn Max Hardcore, watched hours of explicit, violent pornography to determine if, among other things, Little violated community standards. The case, which continues this week, has captured the attention of groups from New York City to California by raising larger questions about the legal standards for obscenity in an online world.”

On Saturday, The St. Petersburg Times reported that “Defense wants new judge in porn trial.” In addition, columnist Sue Carlton had an op-ed entitled “Tampa porn case is a trial for jurors, too.”

And, in earlier coverage, The St. Petersburg Times previewed the trial last Wednesday in an article headlined “Jurors in Tampa to decide; What is obscene?” Additional trial coverage appeared in articles headlined “Juror asks to view less porn in court” and “Judge may spare jury from watching 8 hours of violent porn.”

And The Tampa Tribune has covered the trial in articles headlined “Porn Producer’s Lawyers Say He Didn’t Mail DVDs To Tampa“; “Jurors View Sex Videos As Max Hardcore Obscenity Trial Begins“; and “Jury Selected For Obscenity Trial Over X-Rated Films.”

Posted at 8:50 AM by Howard Bashman



“Future uncertain for Florida’s Bush-Gore ballots from 2000 race; All six million-plus ballots cast in the historic 2000 presidential election remain in storage, and the secretary of state is debating whether to move them out”: This article appeared yesterday in The Miami Herald.

Posted at 8:42 AM by Howard Bashman



“At war crimes trials, is no defense a defense? Military defense lawyers face a dilemma at the war court: Is offering up no defense the way to defend an alleged terrorist at trial?” Carol Rosenberg has this article today in The Miami Herald.

And today’s edition of USA Today contains an editorial entitled “Terror trials have flaws but need to be tested; Best way to find out whether system is fair is to see how it works,” while Anthony D. Romero has an op-ed entitled “‘Abandon this farce’: Guantanamo trials are fatally flawed; it’s time to start over.”

Posted at 8:32 AM by Howard Bashman



“How Cozen took on a kingdom for 9/11 liability”: Today’s edition of The Philadelphia Inquirer contains this article — part two of a two-part series. Part one appeared in yesterday’s newspaper, and you can access it at this link.

Posted at 8:14 AM by Howard Bashman



“Scalia Decries Drift of Court On Religion; U.S. Tradition Not Neutral, Justice Tells Torah Sages”: Joseph Goldstein has this article today in The New York Sun. The newspaper also contains a related editorial entitled “Sage and Sages.”

Posted at 8:00 AM by Howard Bashman



Sunday, June 1, 2008

“Advice of Consul: In two major treaty rulings, the Roberts court has drawn the line at the border.” David G. Savage has this article in the June 2008 issue of ABA Journal magazine.

Posted at 11:35 PM by Howard Bashman



“The Volokh Conspiracy” should be back online soon: It’s proving to be a difficult weekend for certain law-related blogs, as “How Appealing” was inaccessible for a bit early in the weekend when this site moved to new web servers. And now “The Volokh Conspiracy” is off-line. Details on when “The Volokh Conspiracy” may be back online can be accessed in this post at “InstaPundit.”

Posted at 11:02 PM by Howard Bashman



“Pinning the blame for 9/11: A Phila. law firm wages an epic legal battle to win billions from Saudi Arabia.” The Philadelphia Inquirer today contains this front page article — part one of a two-part series.

Posted at 10:05 AM by Howard Bashman



“Court gets behind spanking, to a degree; In the case of a boy paddled 36 times, the state Supreme Court says the practice is legal unless punishment is excessive or cruel”: This article appeared yesterday in The Minneapolis Star Tribune.

And The St. Paul Pioneer Press reported yesterday that “Court lets spanking parents off hook; Ruling doesn’t OK punishment but cites case’s lack of evidence.”

You can access Friday’s ruling of the Supreme Court of Minnesota at this link.

Posted at 8:55 AM by Howard Bashman



“Release of footage showing Khadr interrogation sought; Video documentation of Canadian agents’ questioning has been kept secret for five years”: Yesterday’s edition of The Toronto Globe and Mail contained an article that begins, “Canadian intelligence agents were videotaped as they questioned a 16-year-old prisoner held in Guantanamo Bay, and a court battle is brewing to force disclosure of the footage. A videotaped interrogation of Omar Khadr over three days, conducted seven months after he was shot and captured in Afghanistan, has been kept secret for five years. Yet efforts are under way to force government officials to release four DVDs containing the recordings that may yield insights into the secrets of the U.S. prison camp and one of Canada’s more ethically fraught investigations.”

And The Toronto Star reported yesterday that “Judge’s exit sparks fresh outcry; Ouster midway through Khadr’s Guantanamo legal battle fuels push for his return to Canada.”

Posted at 8:50 AM by Howard Bashman



“Picking Judges”: Syndicated columnist Linda Chavez has an essay that begins, “If you ask Americans what issues matter most to them in choosing a president, the candidate’s judicial philosophy is not likely to make it into the top 10. But a president’s power to nominate judges is, in fact, one of his most powerful tools — and often leaves a legacy that lasts far longer than any policy initiative.”

Posted at 8:47 AM by Howard Bashman



Would you like Fries with that? The Associated Press provides a report headlined “Ore. Supreme Court rules moving marijuana illegal” that begins, “Helping a friend move a few plants to his new house can get you into trouble with the police, if they happen to be marijuana plants. The Oregon Supreme Court ruled Friday that a man who helped his friend move things could be convicted on marijuana possession charges.”

You can access Friday’s ruling of the Supreme Court of Oregon in State v. Fries at this link.

Posted at 8:44 AM by Howard Bashman



“Supreme Court highly rated in study”: The Arkansas Democrat-Gazette yesterday contained an article that begins, “The Arkansas Supreme Court was rated highly in a study made public this month in a University of Chicago Law School working paper series based on opinions written by members of state high courts in 1998-2000.”

I previously mentioned this study in a post you can access here.

Posted at 8:34 AM by Howard Bashman



“Top court beckons, who will be called? Speculation intense as spot opens on Supreme Court for judge from Atlantic region.” Yesterday’s edition of The Toronto Star contained an article that begins, “The job comes with eager young assistants, smart colleagues, a chauffeur-driven car, a private dining room, wood-panelled office, guards at the front door, an annual salary of $309,300 and a view of the Ottawa River. But a seat on the Supreme Court of Canada — with the long hours, social isolation and political and public scrutiny that come with it — isn’t everybody’s idea of a dream job.”

Posted at 8:30 AM by Howard Bashman



“Major League Baseball goes to the Supreme Court; The justices are to consider taking up a case involving whether Internet fantasy baseball games have a free-speech right to use the names and statistics of famous athletes”: David G. Savage has this article today in The Los Angeles Times.

Posted at 8:27 AM by Howard Bashman