How Appealing



Thursday, September 18, 2008

“Irregular Panels”: Law Professor Samuel P. Jordan has posted this article online at SSRN (via “Legal Theory Blog“).

The article’s syllabus begins, “This article explores a common but essentially unexplored feature of appellate decision-making: decisions by irregular panels. Decisions in the federal courts of appeals are usually reached by panels of three statutorily authorized judges.”

Posted at 11:54 PM by Howard Bashman



“11th Circuit Tosses Taser Case; YouTube Video of Incident Lets Viewers Judge”: Debra Cassens Weiss of the ABA Journal’s “Law News Now” blog has this post today.

Posted at 11:55 AM by Howard Bashman



“The Human Toll: How Individual Americans Have Fared at the Hands of Bush Judges.” The organization People For the American Way Foundation has issued this report today. A related press release can be accessed here.

Posted at 11:48 AM by Howard Bashman



“Appeals Court to Consider State’s Death Penalty Gridlock; Small step in battle over lethal injection”: Howard Mintz has this article today in The San Jose Mercury News.

Posted at 11:42 AM by Howard Bashman



“Supreme Court filings focus on military death penalty system”: Marine Reservist Col. Dwight Sullivan has this post at “CAAFlog” focusing on the treatment of military law in the supplemental briefs filed yesterday in the U.S. Supreme Court in the death penalty for child rape case known as Kennedy v. Louisiana.

Posted at 11:37 AM by Howard Bashman



“Law dean writes of regret over errors; Author stands by article’s conclusions”: The Times-Picayune of New Orleans yesterday published an article that begins, “Tulane Law School’s dean has apologized to the Louisiana Supreme Court for what he called ‘numerous errors’ underlying a recent Tulane Law Review article about a study that showed a high correlation between lawyer and litigant campaign contributions to justices and decisions favoring the donors.”

The Supreme Court of Louisiana has posted the letter of apology at its web site, and you can access the letter directly by clicking here. The law review article in question can be accessed here. The Louisiana high court’s web site also offers access to a rebuttal and a critique of that article.

At WSJ.com’s “Law Blog,” Dan Slater has this post providing additional background.

Posted at 9:35 AM by Howard Bashman



“Mob boss Vinny stuck with judge”: The New York Post today contains an article that begins, “Former Bronx beauty-parlor owner and mob boss Vincent ‘Vinny Gorgeous’ Basciano can’t get a new judge for his upcoming murder trial just because he allegedly put the name of his current judge on a hit list he wrote in jail, a federal appeals court ruled.”

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

Posted at 9:30 AM by Howard Bashman



“Tribune’s Zell outraged by Times workers’ lawsuit; The company’s chief executive calls allegations against him and the company frivolous and unfounded”: This article appears today in The Los Angeles Times.

Posted at 9:15 AM by Howard Bashman



“Shooting near Kirksville becomes a test of Missouri’s new ‘castle doctrine’ law”: Today’s edition of The Kansas City Star contains an article that begins, “When Rogelio Johnson allegedly climbed through a window and confronted Jackie Gleason in her home near Kirksville, Mo., in May, she shot him dead. A crime? Yes, concluded an Adair County coroner’s jury last month. Not so fast, said county Prosecutor Mark Williams, who says the shooting may be justified under a new Missouri law known as the ‘castle doctrine’ that allows a person to use lethal force against intruders.”

And in earlier coverage, The Kirksville (Mo.) Daily Express has published articles headlined “Gleason to be charged with murder“; “A portrait of abuse: State advocate, Gleason’s daughter provide insight into abuser, victim“; “Attorney continues verbal sparring with another letter“; and “‘The Wild, Wild West’: Local prosecutor, MU law professor offer similar views on castle doctrine.”

Posted at 9:03 AM by Howard Bashman



“House Democrats push through pro-gun bill; Conservatives cite Second Amendment in 266-152 vote”: The Washington Times today contains an article that begins, “Conservative House Democrats defied party leaders Wednesday and pushed through legislation that loosens gun laws in the District, saying that the Second Amendment trumps their party’s long-standing advocacy of Home Rule in the nation’s capital.”

And today’s edition of The Washington Post contains an article headlined “Limit on Gun Law Passes; Senate Vote Unlikely” and an editorial entitled “Open Season on the District: Only the Senate stands in the way of gutting gun regulations.”

Posted at 8:50 AM by Howard Bashman



“Senator, Target of Anthrax Letter, Challenges F.B.I. Finding”: This article appears today in The New York Times.

The Los Angeles Times reports today that “Senators question FBI’s handling of anthrax inquiry; Some members of the Senate Judiciary Committee challenge the bureau’s director, signaling that they are not convinced the case has been solved.”

And USA Today reports that “Senators doubt anthrax finding; Question FBI conclusion of lone culprit in attacks.”

Posted at 8:44 AM by Howard Bashman



“Court upholds injunction against patdowns at Bucs games”: Yesterday’s issue of The St. Petersburg Times contained an article that begins, “A Hillsborough County civics teacher has won another round to block patdowns at Tampa Bay Buccaneers home games. A judge for the 11th U.S. Circuit Court of Appeals granted a motion by Gordon Johnston’s attorneys to prevent the patdowns from starting, while they consider appealing to the U.S. Supreme Court.”

Posted at 8:40 AM by Howard Bashman



“Brian Nichols trial: Jurors chosen, though many didn’t want to be.” This article appears today in The Atlanta Journal-Constitution. According to the article, the jury may begin hearing evidence in the death penalty case against against alleged courthouse killer Brian Nichols on Monday of next week.

Posted at 8:33 AM by Howard Bashman



“House launches probe of Porteous; Case could result in impeachment vote”: Today’s edition of The Times-Picayune of New Orleans contains an article that begins, “The House Judiciary Committee voted Thursday to launch an impeachment inquiry of U.S. District Judge Thomas Porteous of Metairie, the first such effort in two decades. The investigation will be conducted by a task force of committee members, which have yet to be chosen. The task force is expected to report back to the judiciary committee in January, after a new Congress is sworn in.”

Posted at 8:07 AM by Howard Bashman