How Appealing



Tuesday, August 5, 2008

“Jurors deliberating in 1st Gitmo trial”: The Associated Press provides a report that begins, “The military avoided a possible mistrial Tuesday in the first Guantanamo war crimes trial as prosecutors sparred with defense lawyers over instructions provided to jurors weighing the fate of Osama bin Laden’s former driver.”

You can view at this link the “findings worksheet” provided to the jury in that case.

Posted at 4:30 PM by Howard Bashman



Freedom From Religion Foundation lacks taxpayer standing to challenge the Department of Veterans Affairs’ integration of pastoral care into the medical care that it provides to veterans and its use of chaplains for that purpose: The U.S. Court of Appeals for the Seventh Circuit issued this ruling today. Freedom From Religion had lost on the merits before the district court, which had granted summary judgment in favor of the VA.

Posted at 2:30 PM by Howard Bashman



“Prop. 8 not retroactive, Jerry Brown says”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “If voters approve a November ballot measure banning same-sex marriages in California, thousands of gay and lesbian weddings conducted since the state Supreme Court legalized the unions on May 15 will probably remain valid, Attorney General Jerry Brown said Monday.”

Posted at 10:00 AM by Howard Bashman



“Flunky or war criminal? Military jury to decide; A military jury has started deliberating in Osama bin Laden’s driver’s war crimes trial.” Carol Rosenberg has this article today in The Miami Herald. She also has a news update headlined “Deliberations resume in driver’s war trial.”

Today in The Los Angeles Times, Carol J. Williams reports that “Guantanamo case of Bin Laden driver Hamdan goes to military jury; In closing arguments at Guantanamo Bay, a defense attorney says secret testimony showed that Salim Ahmed Hamdan had offered to help U.S. forces, but that the opportunity had been ‘squandered.’

The New York Times reports that “Lawyer Suggests Detainee Aided U.S. in Afghanistan.”

The Washington Post reports that “Case Against Bin Laden’s Driver Goes to the Jury.”

And USA Today reports that “First military commission doesn’t end fairness debate.”

Posted at 9:55 AM by Howard Bashman



“House Democrats Seek Less-Rigid D.C. Gun Laws; Proposal Set for Vote Would Allow Semiautomatics and Change Storage, Registration Rules”: This article appears today in The Washington Post.

Posted at 9:45 AM by Howard Bashman



Available online from law.com: An article reports that “Religious Slurs May Amount to Hostile Workplace, N.J. High Court Says.” My earlier coverage of the ruling appears at this link.

Amaris Elliott-Engel of The Legal Intelligencer reports that “Justices OK Juror Challenges Involving Prosecutor From Controversial Training Tape.” Last month’s ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a dissenting opinion.

In other news, “U.S. Prosecutors Feel the Heat, Want Protection; Group presses for home alarms, secure parking and the right to arm.”

And Bruce A. Campbell has an essay entitled “A Primer on What Lawyers Can Say About Judges.”

Posted at 9:38 AM by Howard Bashman



“U.S. May Have Taped Visits to Detainees; Foreign Countries Sent Interrogators”: The Washington Post today contains a front page article that begins, “The Bush administration informed all foreign intelligence and law enforcement teams visiting their citizens held at Guantanamo Bay that video and sound from their interrogation sessions would be recorded, according to documents obtained by The Washington Post. The policy suggests that the United States could possess hundreds or thousands of hours of secret taped conversations between detainees and representatives from nearly three dozen countries.”

Posted at 9:30 AM by Howard Bashman



“A Ruling May Pave the Way for Broader Use of DVR”: This article appears today in The New York Times.

USA Today reports today that “Cablevision’s remote-storage DVR clears hurdle; Court says server does same thing as hard drive.”

The Wall Street Journal reports that “Cablevision Wins Appeal On RS-DVR” (subscription or direct access via Google News required).

And law.com reports that “2nd Circuit Backs Cablevision’s Remote Recorder Against Programmers’ Lawsuit.”

My earlier coverage of yesterday’s Second Circuit ruling appears at this link.

Posted at 9:15 AM by Howard Bashman



“A Federal Appeals Court Invalidates the Federal Communications Commission’s Massive Fine for the ‘Nipplegate’ Super Bowl Incident: The Decision and Its Implications.” Julie Hilden has this essay online at FindLaw.

Posted at 8:30 AM by Howard Bashman



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



Sunday, August 3, 2008

“Possible movement in grand jury examining Kent”: Yesterday’s issue of The Galveston County Daily News contained an article that begins, “There may be movement in the grand jury review of allegations against U.S. District Judge Samuel B. Kent, but it wasn’t clear Friday what exactly it might be. Dick DeGuerin, Kent’s attorney, told The Daily News that the U.S. Department of Justice investigation into the federal judge was still active and that the case was moving forward.”

Posted at 11:47 PM by Howard Bashman



“Nichols jury pool passes midway point”: The Atlanta Journal-Constitution today contains an article that begins, “The effort to get Brian Nichols to trial for the killing of a judge and three others more than three years ago crested the hill and picked up speed this week.”

Posted at 11:42 PM by Howard Bashman



Saturday, August 2, 2008

Available online from law.com: Marcia Coyle of The National Law Journal reports that “High Court Review Sought on Judicial Recusals; W.Va. case triggers key ethical query.”

An article reports that “Another Circuit Court Kicks Judge Real Off Case.” My earlier baseball-themed coverage of yesterday’s Federal Circuit ruling appears at this link.

Shannon P. Duffy of The Legal Intelligencer reports that “3rd Circuit Rules Media Has Right to Juror Names.” My earlier coverage of yesterday’s majority and dissenting Third Circuit opinions appears at this link.

And an article reports that “5th Circuit Throws Out Malpractice Summary Judgment Win for Duane Morris.” My earlier coverage of Wednesday’s Fifth Circuit ruling appears at this link.

Posted at 11:07 PM by Howard Bashman



“‘Sarah’s Law’ would not have applied to ‘Sarah,’ acknowledge backers of the abortion-notification measure; The teen whose death led to calls for parental notification in abortion cases was married and had a child; Critics of California’s Prop. 4 file a suit asking to remove her story from the voter guide”: This article appears today in The Los Angeles Times.

Posted at 11:00 PM by Howard Bashman



“9/11 architect: Bin Laden driver no terrorist; Alleged mass murderer Khalid Sheik Mohammed — testifying as the star witness to close a terror trial — called Osama bin Laden’s driver a poorly educated, primitive pleasure-seeker.” Carol Rosenberg has this article today in The Miami Herald. She also has a news update headlined “Convicts at Guantanamo will be jailed apart.”

Today in The Los Angeles Times, Carol J. Williams reports that “Guantanamo defendant Hamdan called too lowly for terror role; Khalid Shaikh Mohammed, the self-declared Sept. 11 mastermind, says in written testimony that Osama bin Laden’s driver ‘was not fit to plan or execute’ Al Qaeda attacks; The defense rests.”

The New York Times reports that “Terror Trial Nears End as Defense Rests Case.”

And The Washington Post reports that “Hamdan Seen as ‘Not Fit’ for Terror; Alleged 9/11 Architect Says bin Laden’s Driver Was ‘Not a Soldier.’

Posted at 10:42 PM by Howard Bashman



“A Onetime ‘Person of Interest’ Moves a Step Closer to Public Exoneration”: Today in The New York Times, Charlie Savage has an article that begins, “Having been named a ‘person of interest’ in the investigation of the 2001 anthrax attacks, the former Army scientist Steven J. Hatfill has tried for six years to clear his name, both inside court and out. Now the disclosure that a former colleague died this week, apparently by suicide, just as investigators prepared to seek his indictment in the case has provided the clearest indication yet that Dr. Hatfill may finally achieve his goal.”

Posted at 9:08 PM by Howard Bashman



“Court rejects appeal from teens’ killer”: The Houston Chronicle today contains an article that begins, “The Texas Court of Criminal Appeals has dealt capital killer Jose Medellin a major setback in his bid to escape the executioner’s needle, throwing out his bid for a post-conviction writ of habeas corpus and his motion for a stay.”

You can access yesterday’s rulings of the Court of Criminal Appeals of Texas — that State’s highest court in criminal cases — via this link.

Posted at 5:25 PM by Howard Bashman