How Appealing

Wednesday, September 10, 2008

“District mistaken in barring banners; Judge doesn’t toss lawsuit by teacher”: The San Diego Union-Tribune today contains an article that begins, “A federal judge has ruled that school officials shouldn’t have made a Rancho Penasquitos math teacher take down classroom banners proclaiming ‘In God We Trust,’ ‘God Bless America’ and other sayings. The school district argued that the 7-foot-wide banners in Brad Johnson’s classroom at Westview High School declared a ‘Judeo-Christian’ point of view at odds with the non-religious educational mission of the public school.”

Today’s edition of The North County Times contains an article headlined “Judge: Teacher’s claim against Poway Unified over ‘God’ signs stands; District to decide between trial or settlement.”

And The Los Angeles Times provides a news update headlined “San Diego teacher can sue to restore classroom banners; Brad Johnson, a high school teacher who was ordered to take down banners with slogans including ‘God Bless America,’ can proceed with a lawsuit against his school district, a federal judge rules.”

You can access last Thursday’s ruling of the U.S. District Court for the Southern District of California at this link.

Posted at 8:54 PM by Howard Bashman

“I write to express my view that the Fourth Amendment forbids an officer from discharging repeated bursts of electricity into an already handcuffed misdemeanant–who is sitting still beside a rural road and unwilling to move–simply to goad him into standing up.” So begins the dissent from a non-precedential ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

The dissent, written by U.S. District Judge Beverly B. Martin, sitting by designation from the Northern District of Georgia, also states, “A video captured the events in question, and I suggest it be published together with this opinion.” It appears that her suggestion has not convinced the Eleventh Circuit to make the video available over its web site. Perhaps the lawyers for the plaintiff will post the video to YouTube.

Posted at 7:35 PM by Howard Bashman

“Circuit Court rules against Florida’s ban on gay adoptions; A foster father can adopt his teenage ward, a judge has ruled, because Florida’s prohibition against gay adoption is contrary to the state and U.S. constitutions”: This article appears today in The Miami Herald.

Posted at 2:54 PM by Howard Bashman

President Bush nominates U.S. District Judge Loretta A. Preska of the Southern District of New York to serve on the U.S. Court of Appeals for the Second Circuit, but not before she receives “high-five” from Borat: You can view the formal announcement of yesterday’s nomination at this link.

And, in related news, The Associated Press reports that “Glorious judge for make benefit ‘Borat’ filmmakers.” The article begins, “A New York judge has tossed out lawsuits brought by a driving instructor and two etiquette school teachers who said the makers of the movie ‘Borat’ deceived them. Judge Loretta Preska says all three accepted money and signed agreements releasing the filmmakers from liability.”

In other coverage, BBC News reports that “US judge dismisses Borat claims; A US judge has thrown out legal claims by a driving instructor and two etiquette teachers who claimed they were deceived by the makers of Borat.”

I have posted at this link a copy of last week’s ruling from Judge Preska dismissing these three Borat-related lawsuits.

Posted at 2:33 PM by Howard Bashman

“Court tosses Seale verdict; Judges rule federal statute of limitations on kidnapping had expired”: Jerry Mitchell has this article today in The Clarion-Ledger of Jackson, Mississippi.

The Rocky Mountain News reports today that “Court action sets back Springs man’s crusade.”

The Associated Press reports that “Reputed Klansman’s cold-case conviction overturned.”

And BBC News reports that “Ex-KKK man freed over 1964 deaths.”

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

Posted at 9:20 AM by Howard Bashman

“Child rape revisited? An error may prompt the Supreme Court to rehear a death penalty case; But its ruling should stand.” The Los Angeles Times contains this editorial today.

Posted at 9:10 AM by Howard Bashman

“Anti-Bias Law Wins In Md.’s High Court; Transgender People Protected In Montgomery”: This article appears today in The Washington Post.

Posted at 9:08 AM by Howard Bashman

“The officer fights for her scarf; Philly cop cites Newark case in her argument for Muslim dress”: The Newark (N.J.) Star-Ledger today contains an article that begins, “Just weeks after joining the Philadelphia Police Department in 1995, Kimberlie Webb converted to Islam and sought permission to wear a head scarf on the job. Her supervisors continually rejected her request over the years. Last year, a federal district court backed their decision. Webb appealed, and the 3rd U.S. Circuit Court of Appeals heard oral arguments in the case yesterday.”

The Philadelphia Inquirer reports today that “Judges hear arguments on Muslim officer’s scarf.”

And The Philadelphia Daily News contains an article headlined “Has cop a right to Muslim headcover?

Posted at 8:50 AM by Howard Bashman

“Law prof detained in Iran for last 3 weeks; Medhi Zakerian would have been a visiting scholar this year”: This article appears today in The Daily Pennsylvanian.

Posted at 8:35 AM by Howard Bashman

“Meaner Streets in Washington: A bill being considered in Congress that would eviscerate gun controls in the District of Columbia is a gross trampling on the right of the district to govern itself.” This editorial appears today in The New York Times. The newspaper also contains a related article headlined “House Panel Hears Testimony on Bill to Ease Gun Laws in Capital.”

And today’s edition of The Washington Post contains an article headlined “Gun Bill Dangerous, D.C. Chief Tells House” and an editorial entitled “City in the Crossfire: A House panel considers gutting gun restraints, home rule and basic public safety in the District.”

Posted at 8:22 AM by Howard Bashman

“The Ohio Legislature Wisely Enacts a Law to Supersede an Ohio Supreme Court Decision that Had Limited How Litigation Could Be Funded”: Anthony J. Sebok has this essay online at FindLaw.

Posted at 7:54 AM by Howard Bashman