How Appealing



Tuesday, September 30, 2008

“No More Clubbing for Federal Judges”: This evening at “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “While the nation’s attention was riveted on Congress and its response to the financial crisis in recent days, Congress found time to pass a bill that federal judges are really not going to like: a ban on gifts of honorary club memberships valued at more than $50 per year for all federal judges, from the Supreme Court on down. It passed the Senate on Sept. 25 and the House of Representatives on Sept. 29, and it is expected to be signed by President George W. Bush anytime.”

Posted at 8:47 PM by Howard Bashman



“Nichols trial: First witness to deaths testifies; ‘The judge never saw him’: Lawyer in courtroom on day in ’05 says shooter looked like staff.” Today’s edition of The Atlanta Journal-Constitution contains an article that begins, “Superior Court Judge Rowland Barnes never knew he was about to die. Nicole Waller, a young lawyer, was appearing before Barnes that morning to ask him to dismiss a business lawsuit, when she saw a well-dressed man enter the courtroom from the judge’s chambers. Waller, who was in midsentence, assumed the man was a staffer as he strode up behind the judge with his right hand extended. ‘It looked to me like he was handing something to the judge,’ Waller testified Monday. ‘The judge never saw him.’ Barnes had just indulged in his trademark humor at the good-natured expense of one of the attorneys. The newcomer, later identified as Brian Nichols, stepped up on the judge’s bench. Nichols then fired, and Barnes was fatally wounded, Waller said. Then Nichols aimed at the court reporter, Julie Ann Brandau, and fired again, hitting her in the head, Waller said. Waller, the 18th witness to testify in Nichols’ murder trial in Superior Court, was the first one who witnessed the deaths of Barnes and Brandau on March 11, 2005, in the Fulton County Courthouse shootings.”

And, later today, the newspaper posted online an update headlined “Nichols caused panic when he left courthouse; Deputy pursued defendant through complex, onto street where he died.”

Posted at 8:44 PM by Howard Bashman



“Appeals court will decide whether feds can use steroid test results of 100 pro baseball players”: Howard Mintz of The San Jose Mercury News has an update that begins, “A federal appeals court today escalated the heated legal feud between the federal government and the Major League Baseball players’ union, deciding to rehear a case involving the controversial seizure of the names and urine samples of about 100 players who failed a 2004 steroids test. In a brief order, the 9th U.S.Circuit Court of Appeals agreed to rehear the case with a special 11-judge panel. The order effectively wipes off the books a divided 119-page ruling issued in January that generally sided with the Justice Department in its effort to use the test results, initially obtained in an offshoot of the Balco steroids investigation.”

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

This blog’s earlier coverage of the three-judge panel’s ruling that today’s grant of rehearing en banc sets aside can be accessed here and here. And that three-judge panel’s first ruling in the case — from way back in December 2006, featuring mention of the little-known U.S. District Court for the Southern District of Nevada — appears at this link. My coverage of that first ruling appeared here, here, and here.

Posted at 3:11 PM by Howard Bashman



“Federal appeals court upholds S.F. health coverage law”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A federal appeals court upheld San Francisco’s pioneering health coverage program today, saying the city has the legal authority to require employers to help pay for health care for uninsured workers and residents. The Ninth U.S. Circuit Court of Appeals rejected challenges by restaurant owners and the Bush administration to the ordinance, the first of its kind in the nation.”

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Circuit Judge William A. Fletcher wrote the decision, in which Circuit Judge Stephen Reinhardt and Senior Circuit Judge Alfred T. Goodwin joined.

Posted at 3:07 PM by Howard Bashman



In praise of the now-defunct New York Sun: The New York Sun has announced that it will cease publication effective today. As someone who is a fan of newspapers, I am always saddened when a publication that I have enjoyed goes out of business.

Fans of high-quality law-related journalism should be especially glum, as the newspaper featured two top-notch reporters who regularly covered legal issues: Josh Gerstein and Joseph Goldstein. Both Josh and Joe reached out to me regularly — and by extension reached out to you the readers of this blog regularly — by making sure that I was aware of their latest articles, often only moments after they appeared online. And on other occasions, they would email just to let me know of a development that they knew I’d be interested in reporting on here, even if it was not something that they themselves had already written about.

At a time when the NYSun’s online content often appeared behind a subscription wall, Josh Gerstein would regularly provide me with links to articles appearing in his newspaper that would allow the readers of this blog to access those articles free of charge. And it was Josh who first reported on the public remarks of a certain Second Circuit judge at a conference in June 2004 in an article that began, “A prominent federal judge has told a conference of liberal lawyers that President Bush’s rise to power was similar to the accession of dictators such as Mussolini and Hitler.” This blog’s earliest links to that article (which is itself no longer available online) appeared here and here.

In any event, I wish Josh, Joe, and all of this blog’s other friends at The New York Sun all the best going forward.

In today’s final issue of that newspaper, Josh Gerstein reports that “Feingold Bill Would Limit Searches of Travelers’ Laptops.”

And the newspaper also contains an article headlined “Atlantic Yard Project Suffers a Setback.”

Posted at 2:45 PM by Howard Bashman



Podcasts available for download: The New York Review of Books has posted online a podcast described as follows, “Ronald Dworkin explores the threats a McCain presidency would pose for the Supreme Court, the Constitution, and the place of the United States in the community of nations” (12.1MB mp3 audio file).

And if you missed this month’s meeting of the Philadelphia Bar Association‘s Appellate Courts Committee, you probably have yet to learn that Chief Justice John G. Roberts, Jr. will be a featured speaker at the 2009 Judicial Conference of the U.S. Court of Appeals for the Third Circuit, which will take place in Philadelphia and be open to the public. You can listen to the podcast of that committee’s meeting, featuring three high-ranking Third Circuit administrators, via this link (21.3MB mp3 audio file).

Posted at 9:14 AM by Howard Bashman



“Attorneys Tom Goldstein, Eugene Scalia, and Bradford Berenson discuss upcoming cases on the Supreme Court docket including those on national security, labor and employment, and the case of FCC v. Fox on the broadcast indecency rules”: You can view last Saturday’s broadcast of C-SPAN’s “America and the Courts” online, on-demand by clicking here.

And if one hour of that discussion leaves you wanting more, you can view the entire discussion by clicking here.

RealPlayer is required to launch these video segments.

Posted at 8:58 AM by Howard Bashman



“Mortgage Lenders Fight Off Rescission Class Action in 7th Circuit”: Pamela A. MacLean of The National Law Journal provides this report.

And last Wednesday, The Milwaukee Journal Sentinel contained an article headlined “Chevy Chase Bank scores victory in predatory mortgage lending case; Appellate court dismisses Cedarburg couple’s class action suit.” According to the article:

The 15-page decision by former Wisconsin Supreme Court Justice Diane Sykes brought an unusually sharp retort from Kevin Demet, the [plaintiffs’] lawyer.

“The opinion is a radical opinion written by a radical jurist,” he said in an interview.

“This decision is a gift to certain members of the banking industry at the expense of the consumers who were misled,” he said in a statement.

You can access last week’s ruling by a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

Posted at 8:54 AM by Howard Bashman



Monday, September 29, 2008

“Iowa AG seeks review of nude dancing ruling”: The Associated Press provides a report that begins, “The state attorney general’s office said Monday it asked the Iowa Supreme Court to review a judge’s ruling that nude dancing is a legal art form. Assistant Attorney General Mary Tabor said the state is seeking a review of Judge Timothy O’Grady’s August decision in which he ruled that a strip club was protected under a law allowing nudity in any ‘theater, concert hall, art center, museum or similar establishments’ devoted to the arts or theatrical performances.”

Posted at 4:05 PM by Howard Bashman



“Judge chided for seeking job from lawyers in trial”: Last Thursday in The Newark (N.J.) Star-Ledger, Kate Coscarelli had an article that begins, “Judges must be diligent to make sure there is no appearance of impropriety when they are looking for a new job while still on the bench, the New Jersey Supreme Court ruled yesterday in a unanimous decision.”

And law.com reports that “N.J. Supreme Court Imposes Restrictions on Job-Seeking Judges.”

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

Posted at 9:38 AM by Howard Bashman



“Key evidence unveiled against former Richardson Muslim charity in Holy Land case”: This article appears today in The Dallas Morning News.

Posted at 9:22 AM by Howard Bashman



“‘I wanted to disarm him’; Ex-deputy’s testimony to continue today”: Today’s edition of The Atlanta Journal-Constitution contains an article that begins, “Retired Fulton County Deputy Grantley White sobbed as he recounted one of his greatest heartaches to his already damaged heart; the day his friend and the judge he protected was shot dead while sitting on the bench. White said he was testifying in the Brian Nichols case despite the risk of aggravating an existing heart condition because it was his duty. White is to continue testifying today, when the trial begins its second week.”

Posted at 9:17 AM by Howard Bashman



“Jury duty? You may want to edit your online profile; Trial consultants increasingly use the Internet to learn about prospective jurors, including how they vote, how they spend money and if they’ve spoken out on controversial issues.” Carol J. Williams has this article today in The Los Angeles Times.

Posted at 9:12 AM by Howard Bashman



“Laptop searches go too far: Customs agents should not be allowed to arbitrarily scroll through citizens’ laptop computers.” This editorial appears today in The Los Angeles Times.

Posted at 9:10 AM by Howard Bashman



“Davis case decision expected by Oct. 6; Execution stayed: ‘This is the kind of case that has the [Supreme Court] on edge,’ said one death penalty expert.” Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, “When the U.S. Supreme Court meets today to decide Troy Anthony Davis’ fate, its nine justices face a fairly straightforward question: Is there sufficient doubt about Davis’ guilt to warrant further scrutiny of his case? Davis needs four justices to vote ‘yes.’ Otherwise, his execution, halted by the high court less than two hours before it was to be carried out Tuesday evening, will be rescheduled. The court is expected to announce its decision Oct. 6. The high court’s granting the stay at such a late hour, while not unprecedented, indicates the case has the justices’ interest, court watchers said.”

Posted at 9:03 AM by Howard Bashman



“A Chinese Muslim in Gitmo legal limbo; Though eligible for freedom, detainee labeled a foe of China is going nowhere”: James Oliphant has this article today in The Chicago Tribune.

Posted at 9:00 AM by Howard Bashman



“Who Owns the Law? Arguments May Ensue.” In today’s edition of The New York Times, Noam Cohen has an essay that begins, “In a time when scientists are trying to patent the very genetic code that creates life, it may not be too surprising to learn that a variety of organizations — from trade groups and legal publishers to the government itself — claim copyright to the basic code that governs our society.”

Posted at 8:22 AM by Howard Bashman



“No Charges Expected in Dismissal of Attorneys”: Today in The New York Times, Eric Lichtblau has an article that begins, “A Justice Department investigation offers a blistering critique of the political motivations that led to the firings of a group of United States attorneys in late 2006 but stops short of recommending criminal charges against former Attorney General Alberto R. Gonzales or others in the affair, officials said.”

Posted at 8:15 AM by Howard Bashman



“Preserving California’s Constitution: California voters should reject Proposition 8, which would overturn the State Supreme Court decision allowing same-sex marriage.” This editorial appears today in The New York Times.

Posted at 8:04 AM by Howard Bashman



“Sonar, F-Bombs and Public Parks: An eclectic blend of cases and three-a-day arguments are on tap this term.” David G. Savage has this article in the October 2008 issue of ABA Journal magazine.

And, as noted two posts below, yesterday in The Los Angeles Times he had this preview of the U.S. Supreme Court‘s October 2008 Term.

Posted at 7:45 AM by Howard Bashman



“At Yale Law, a faculty exodus or just a cycle?” This article, part one of a three-part series, appears today in The Yale Daily News.

Posted at 7:30 AM by Howard Bashman



Sunday, September 28, 2008

“Supreme Court opens new term; The issues include the ability to sue over faulty but federally regulated drugs; dirty words on TV; and Navy sonar”: David G. Savage has this article today in The Los Angeles Times.

Posted at 11:22 PM by Howard Bashman



“No Grand Jury for Gonzales; Report to Call for Continued Probe of U.S. Attorneys’ Firings”: Monday’s edition of The Washington Post will contain an article that begins, “Former attorney general Alberto R. Gonzales will not be referred to a federal grand jury for his role in the 2006 firings of nine U.S. attorneys, but a long-awaited report to be released today will recommend that a prosecutor continue to probe the involvement of lawmakers and White House officials in the episode, according to two people familiar with the case.”

Posted at 10:23 PM by Howard Bashman



Saturday, September 27, 2008

“$38.5 million settles 6 OHSU cases; The decision, which follows talk of a new tort cap, may resolve financial and public-relations problems for OHSU”: The Oregonian today contains an article that begins, “In Oregon Health & Science University’s first malpractice settlement since a court removed its state protection from large damage awards, the university agreed Friday to pay $38.5 million to bring an end to six long-standing cases.”

My earlier coverage of last December’s Supreme Court of Oregon ruling appears at this link.

Posted at 3:48 PM by Howard Bashman



“AP FOIA case has cost Supreme Court $30,000 so far”: The West Virginia Record yesterday posted online an article that begins, “The state Supreme Court has been billed about $30,000 so far for its defense of a Freedom of Information Act lawsuit brought by The Associated Press. In addition, the Court has been billed about $428,000 for defense of a federal lawsuit brought against it by Massey Energy over the way justices recuse themselves from cases.”

Posted at 3:40 PM by Howard Bashman



“Judge must accept pay raise, high court says”: The Patriot-News of Harrisburg, Pennsylvania today contains an article that begins, “The state Supreme Court upheld a lower court ruling forcing a Superior Court judge to take a pay raise she tried to decline last year. In a one-sentence ruling, the high court upheld the ruling of Commonwealth Court saying that Judge Joan Orie Melvin must take the 11 percent raise that was part of the 2005 legislative pay hike, which drew widespread criticism and was eventually repealed for legislators.”

And The Pittsburgh Tribune-Review reports today that “Court orders Superior Court judge to accept pay raise.”

You can access Thursday’s order of the Supreme Court of Pennsylvania at this link.

Posted at 3:30 PM by Howard Bashman