How Appealing



Monday, August 4, 2008

“Both sides gear up for appeal of ‘moment of silence’ law; This fall, federal court will hear case from parents who sued district, alleging the measure is ‘a cover’ for bringing back organized school prayer”: The Houston Chronicle provides a news update that begins, “A legal appeal over a 2003 Texas law mandating a moment of silence for schoolchildren is heating up. The 5th U.S. Circuit Court of Appeals is expected to hear the case this fall. Both sides have asked for oral arguments and advocacy groups are weighing in with friend-of-the-court briefs.”

Posted at 8:50 PM by Howard Bashman



Unanimous three-judge Third Circuit panel holds that Temple University’s former Policy on Sexual Harassment is facially unconstitutional: You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

You can access the complaint initiating suit at this link, while the federal district court’s order holding Temple University’s former sexual harassment policy unconstitutional, which today’s Third Circuit ruling affirms, can be accessed here.

In earlier news coverage, The Associated Press reported in April 2007 that “Federal judge tosses former student’s political-bias suit.”

And Philadelphia Weekly, in December 2006, published an article headlined “School of Hard Knocks: A former grad student sues Temple over academic freedom.”

Posted at 2:30 PM by Howard Bashman



Second Circuit vacates copyright infringement injunction that television content providers obtained to prevent Cablevision from marketing a “Remote Storage” Digital Video Recorder system: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Back in March 2007, law.com had a report headlined “Federal Judge Rules Cablevision’s Remote Storage DVR System Violates Copyright Laws” about the federal district court’s injunction that today’s Second Circuit ruling overturns.

And in March 2006, USA Today reported that “Cablevision tests ‘remote storage’ DVR use.”

In news coverage of today’s ruling, Reuters reports that “Court rules in favor of new Cablevision recorder.”

The Associated Press reports that “NY appeals court reverses cable TV DVR ruling.”

And Dow Jones Newswires report that “Court Throws Out Ruling Blocking Cablevision’s New DVR.”

Posted at 12:07 PM by Howard Bashman



“Jury is out for Hamdan — and the tribunal process; The first person to be tried in a military tribunal at Guantanamo will remain incarcerated no matter the verdict; Concerns remain about the procedure’s fairness”: Carol J. Williams has this news analysis today in The Los Angeles Times.

And in The Washington Post, today’s installment of Shankar Vedantam’s “Department of Human Behavior” column is entitled “How Terrorist Organizations Work Like Clubs.”

Posted at 9:12 AM by Howard Bashman



“Medellin set to die Tuesday for Ertman-Pena killings; Texas defies global outcry from U.N., Bush, other leaders in the controversial case”: The Houston Chronicle today contains an article that begins, “‘Texas. It’s like a whole other country.’ Coined to promote tourism, that wry verbal wink at the state’s mythic image has assumed a literal meaning as Texas finds itself in defiance of the United Nations, the Organization of American States and national leaders in its planned Tuesday execution of Mexican citizen Jose Medellin.”

And today in The Los Angeles Times, Jeffrey Davidow has an op-ed entitled “Protecting them protects us: Why you should care about what happens to 51 Mexican nationals on death row.”

Posted at 9:07 AM by Howard Bashman



“N.J. justices add religion jokes to workplace ban”: In last Friday’s edition of The Newark (N.J.) Star-Ledger, Kate Coscarelli had an article that begins, “Making jokes and comments about a person’s religion can create a ‘humiliating and painful environment’ and be a form of on-the-job discrimination, the state’s highest court ruled Thursday. The New Jersey Supreme Court said remarks about someone’s faith — even as a form of ribbing or ‘breaking of chops’ — cannot be tolerated in the workplace.”

You can access last Thursday’s ruling of the Supreme Court of New Jersey at this link.

Posted at 8:52 AM by Howard Bashman



“Supreme Court stops homeland deal with MILF”: In news from the Philippines. Reuters provides a report that begins, “The Supreme Court issued a temporary restraining order on Monday halting a territorial deal between the government and Muslim separatists, the latest setback for peace in the nation’s volatile south. The agreement between Manila and the Moro Islamic Liberation Front (MILF), the country’s largest Muslim rebel group, was set to be signed in Kuala Lumpur on Tuesday after more than 10 years of stop-start talks.”

Posted at 8:34 AM by Howard Bashman



“Wecht’s attorneys claim double jeopardy; Arguments set for today on whether retrial of former coroner should go ahead”: The Pittsburgh Post-Gazette today contains an article that begins, “Nearly two years after appearing before the 3rd U.S. Circuit Court of Appeals on a set of entirely different issues, the attorneys in the case against former Allegheny County Coroner Dr. Cyril Wecht will do it again. They will meet in the federal courthouse on Grant Street this afternoon instead of in Philadelphia, where they met in September 2006.”

And today in The Pittsburgh Tribune-Review, Jason Cato reports that “Wecht battles to prevent second trial.”

Posted at 8:11 AM by Howard Bashman