Nudists in court battle in California: According to an article headlined “Nudists Want State to Look the Other Way” published today in The New York Times, the dispute concerns “a remote patch of San Onofre State Beach, where birthday suits far outnumber bathing ones.”
In the very unlikely event that the dispute reaches the U.S. Court of Appeals for the Federal Circuit, the nudists are reminded that they must wear at least a necktie if arguing the case pro se.
“The Myth of Biden v. Bork”: In today’s issue of The New York Times, Law Professor Jeffrey Rosen has an op-ed that begins, “When Joseph R. Biden Jr. stands on the podium in Denver tonight as Barack Obama’s vice presidential nominee, conservatives of a certain age will see a bogeyman who, as chairman of the Senate Judiciary Committee, presided over the Supreme Court confirmation hearings of Robert Bork and Clarence Thomas.”
“Federal obscenity case, filed 5 years ago, has stalled”: Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, “In August 2003, the U.S. attorney’s office in Pittsburgh made national headlines by filing obscenity charges against a California company that makes graphic pornography. At the time, many saw the case against Extreme Associates as a prelude of things to come under then-Attorney General John Ashcroft. But in the five years since, the case has languished. There had been no entries in the case docket since Aug. 17, 2007, until a reporter called the judge’s chambers last week to inquire about the case.” (Via “LawBeat“).
“Review shows Biden’s ‘intersection of interests’ on bill; Opposed measure to cut down on asbestos lawsuits”: This article appears today in USA Today.
“FBI Accused Of Violating 1st Amendment”: Today in The New York Sun, Joseph Goldstein has an article that begins, “The American Civil Liberties Union today will ask an appeals court in Manhattan to rule that the Federal Bureau of Investigation’s use of so-called national security letters violates the First Amendment.”
“Ohio man sentenced for writing racial hate letters”: The Associated Press provides a report that begins, “A man who wrote hundreds of hateful letters to black and mixed race men — including Supreme Court Justice Clarence Thomas and New York Yankees shortstop Derek Jeter — was sentenced Tuesday to three years and 10 months in prison.”
And The Cleveland Plain Dealer provides a news update headlined “Writer of racist threats sentenced to nearly four years.”
“Mexico City abortion law in supreme court battle”: Agence France-Presse provides this report.
And earlier, Reuters reported that “Mexico’s supreme court to rule in abortion fight.”
“Feds push child-porn cases; penalty can be years in prison”: Howard Mintz had this article in Sunday’s edition of The San Jose Mercury News (via “Sentencing Law and Policy” blog).
“U.S. seeks clarity on Rapanos ruling”: Lyle Denniston has this post at “SCOTUSblog.”
“Vetted Judges More Likely to Reject Asylum Bids”: In Sunday’s edition of The New York Times, Charlie Savage had an article that begins, “Immigrants seeking asylum in the United States have been disproportionately rejected by judges whom the Bush administration chose using a conservative political litmus test, according to an analysis of Justice Department data.”
The article features charts and graphs.
“Calif. High Court Surprises by Expanding Arbitration Review”: law.com provides a report that begins, “Reversing three state appellate rulings and possibly running afoul of the U.S. Supreme Court, California’s high court on Monday expanded trial court judges’ power to review arbitration decisions.”
You can access yesterday’s ruling of the Supreme Court of California at this link.
“Bonds’ lawyers move to dismiss 10 charges”: Today in The San Francisco Chronicle, Lance Williams has an article that begins, “Barry Bonds’ legal team took a second run Monday at paring back the indictment facing the former Giants’ slugger, who is accused of lying to a federal grand jury about whether he used steroids.”
“Law School Rankings Reviewed to Deter ‘Gaming'”: Today in The Wall Street Journal, Amir Efrati has a front page article that begins, “The most widely watched ranking of U.S. law schools may move to stop an increasingly popular practice: schools gaming the system by channeling lower-scoring applicants into part-time programs that don’t count in the rankings.”
Non-subscribers to WSJ.com can obtain free access to the full text of the article via Google News or directly by clicking here.
“Typo vigilantes answer to letter of the law; Crusaders whited-out, corrected historic Canyon sign”: Last Friday’s edition of The Arizona Republic contained an article that begins, “Two self-anointed ‘grammar vigilantes’ who toured the nation removing typos from public signs have been banned from national parks after vandalizing a historic marker at the Grand Canyon. Jeff Michael Deck, 28, of Somerville, Mass., and Benjamin Douglas Herson, 28, of Virginia Beach, Va., pleaded guilty in U.S. District Court in Flagstaff after damaging a rare, hand-painted sign in Grand Canyon National Park. They were sentenced to a year’s probation, during which they cannot enter any national park, and were ordered to pay restitution. According to court records, Deck and Herson toured the United States from March to May, wiping out errors on government and private signs. On March 28, while at Desert View Watchtower on the South Rim, they used a white-out product and a permanent marker to deface a sign painted more than 60 years ago by artist Mary Colter. The sign, a National Historic Landmark, was considered unique and irreplaceable, according to Sandy Raynor, a spokeswoman for the U.S. Attorney’s Office in Phoenix.”
And in other coverage, The Associated Press reports that “Men banned from national parks after vandalism.”
Back on March 28, 2008, The Boston Globe profiled the men and their mission in an article headlined “On the road looking for typos; Grammar-conscious pals set signs straight.”
At least it’s still lawful to photograph gramatically incorrect signs and mock them on blogs.
“Paw prints in judge’s office spell end for masked bandit”: The Atlanta Journal-Constitution provides a news update that begins, “The judge took it in with a swift look — the papers in disarray; the remainders of what the thief had left; footprints leading away from the scene. Analysts came. They photographed the scene, took an inventory of missing goods, and agreed: a bandit had breached security at the Richard B. Russell Federal Building. No longer. Authorities trapped the bandit Monday morning as he prowled in the ceiling above offices where judges dispense justice. Now, extradition awaits the masked intruder, a young raccoon.”
And The Associated Press reports that “Raccoon’s courthouse crime spree ends with capture.”
The Associated Press is reporting: Now available online are articles headlined “Bonds seeks dismissal of most of criminal case“; “Leaking battery forces D.C. courthouse evacuation“; “Gay marriage foes mobilize for ban in California“; and “Ban on unmarried adoptions cleared for Ark. ballot.”
“Union members have right to picket malls, court rules”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “California shopping malls can’t prohibit union members from carrying picket signs, standing on sidewalks or picketing during the peak holiday season, a federal appeals court ruled Monday. In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco overturned restrictions on picketing imposed by a company that manages shopping centers in Santa Cruz and Sacramento.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Welcome back, readers! I’m pleased to report that my family and I had a wonderful time visiting the Galapagos Islands last week. Thanks to Lindblad Expeditions for a tremendously exciting and informative vacation. Among those on the boat with us were a former employee of the Administrative Office of the U.S. Courts who had worked on court rule revision issues. Also on the trip was a school teacher in the Louisville public school system who had an interesting perspective on the U.S. Supreme Court‘s recent race-based school assignment ruling. Coincidentally, the teacher resides close to the home of Sixth Circuit Chief Judge Danny J. Boggs.
Although we were supposed to arrive home early this morning, so-called “crew legalities” — namely, the rule that pilots must have ten hours’ rest after a day of work — prevented our flight from Guayaquil, Ecuador from departing on time to Miami on Sunday morning, meaning that we missed our connection last night to Philadelphia. Instead, we arrived home this evening.
After flying from the Galapagos Islands to mainland Ecuador midday this past Saturday, my family and I that evening toured the must-see riverfront development in Guayaquil known as the Malecon followed by a very tasty dinner at El Caracol Azul. Taxi service in Guayaquil is very inexpensive, and gasoline prices are under two dollars per gallon. (Although Ecuador has adopted the metric system for most purposes, gasoline is still measured in gallons at the pump.)
My wife (the best photographer in our family) took hundreds of photos during our trip, and once she has had a chance to select some of the best, I will post a few images from our Galapagos journey here at “How Appealing.” My principal reading material on vacation was Seventh Circuit Judge Richard A. Posner‘s book “How Judges Think,” allowing Judge Posner to visit the Galapagos in thought if not in body. In any event, now that I have read nearly all of the book, I can confidently recommend it highly to others who are interested in appellate theory.
Regular posts will appear here again on Tuesday morning.
Programming note: Tomorrow morning, my wife, son, and I will embark on a ten-day vacation to the fabled birthplace of the Phillie Phanatic.
While I am away, “How Appealing” will not be updated. You may wish, during my absence, to visit one or more of these links in the hope of finding similar content:
New posts will next appear here on Monday, August 25, 2008.
“Supreme Court justice defends self at hearing”: In news from Texas, The Associated Press provides a report that begins, “Supreme Court Justice Nathan Hecht, appearing before the Texas Ethics Commission, defended himself Thursday against allegations he broke campaign finance laws by accepting discounted legal fees to fight an abuse of office complaint.”
Available online from law.com: An article reports that “Cybersex Patent Case Leads to Bad Vibes Between Firm, Client.”
In other news, “Steinbeck Descendants Lose Bid to Renegotiate Publishing Rights.” My earlier coverage of yesterday’s Second Circuit ruling appears at this link.
And an article reports that “2nd Circuit Sets Standard for Anonymous Suit Filings.” My earlier coverage of Tuesday’s Second Circuit ruling appears at this link.
“Cozen O’Connor dealt blow in 9/11 lawsuit”: The Philadelphia Inquirer provides a news update that begins, “An ambitious lawsuit by the Philadelphia firm of Cozen O’Connor blaming the government of Saudi Arabia for the Sept. 11, 2001, attacks was dealt a sharp setback today when a federal appeals court ruled that the desert kingdom could not be sued for acts of terrorism.”
Newsday has a news update headlined “Court: Saudi princes can’t be sued for 9/11 attacks.”
And Reuters reports that “U.S. court rules Saudi Arabia immune in 9/11 case.”
My earlier coverage of today’s Second Circuit ruling appears at this link.
Fifth Circuit denies habeas relief to Texas death row inmate who claims that jurors improperly considered passages from the Bible during the sentencing phase of their deliberations: You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
The Associated Press is reporting: An article is headlined “Appeals court in NYC will rehear torture case.” My earlier coverage of Tuesday’s Second Circuit order can be accessed here.
And in other news, “Appeals court orders Cuban militant to stand trial.” You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Judge bans general from Guantanamo trial role”: Carol Rosenberg of The Miami Herald has this news update.
And The Associated Press reports that “Pentagon official removed from 2nd Gitmo trial.”
“In Extremely Rare Occurence Court Moves to Rehear Case of Canadian Rendition Victim Maher Arar; Court Acted Sua Sponte, Deciding to Revisit June Decision Against Arar Before Being Asked”: The Center for Constitutional Rights today has issued a press release that begins, “The Second Circuit Court of Appeals issued an extremely rare order that the case of Canadian rendition victim Maher Arar would be heard en banc by all of the active judges on the Second Circuit on December 9, 2008. For the court to issue the order sua sponte, that is, of its own accord without either party submitting papers requesting a rehearing, is even more rare.”
You can access at this link Tuesday’s order of the U.S. Court of Appeals for the Second Circuit granting rehearing en banc.
My earlier coverage of the three-judge panel’s ruling in the case, from late June 2008, can be accessed here and here.
“Court: Saudi Arabia not liable in Sept. 11 attacks.” The Associated Press provides a report that begins, “A federal appeals court has ruled that Saudi Arabia and four of its princes cannot be held liable in the Sept. 11 attacks. The appeals court issued the ruling Thursday, saying the Saudi defendants are protected by sovereign immunity. It also agreed with a lower court that a Saudi banker and a charitable organization cannot be held liable.”
You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“State top court to review medical pot limit”: Bob Egelko has this article today in The San Francisco Chronicle.
“Justice at Justice: Attorney General Mukasey has the only appropriate response to politicized hirings.” This editorial appears today in The Washington Post.
“Court backs Houston smog plan; Panel rejects claim EPA rules are too lenient”: The Houston Chronicle contains this article today.
You can access at this link yesterday’s non-precedential ruling of the U.S. Court of Appeals for the Fifth Circuit.
“Miami fights to shutter house where online porn is filmed; Miami’s yearlong quest to close down a house used by an adult website has prompted a federal court battle — while the site continues to operate”: This article appeared yesterday in The Miami Herald.
Carol Rosenberg of The Miami Herald is reporting: In today’s newspaper, she has articles headlined “It’s general vs. general at Guantanamo war court; An Army general testified against an Air Force general in a military lawyer’s bid to get charges dismissed against a Guantanamo captive” and “Clooney buys rights for bin Laden driver’s story; The story of Osama bin Laden’s driver Salim Hamdan was bought by actor George Clooney’s production company.”
“The ABA Plots a Judicial Coup: The lawyers want to run their own ‘merit selection.'” This editorial appears today in The Wall Street Journal.
“Ruling Is a Victory for Supporters of Free Software”: The New York Times today contains an article that begins, “A legal dispute involving model railroad hobbyists has resulted in a major courtroom victory for the free software movement also known as open-source software. In a ruling Wednesday, the federal appeals court in Washington said that just because a software programmer gave his work away did not mean it could not be protected.”
My earlier coverage of yesterday’s Federal Circuit ruling appears at this link.
“Fix to Patent Judge Appointment Procedure”: Adam Liptak has this newsbrief today in The New York Times.