How Appealing



Monday, September 8, 2008

“Libel lawsuit filed against Cape blogger”: The Boston Globe today contains an article which reports that “More than 500 blogger lawsuits have arisen in US courts – often generating more publicity than the posts that spawned them.”

Posted at 11:33 PM by Howard Bashman



“Palestinians Seek to Overturn Judgment, but There’s a $192.7 Million Catch”: This article appears today in The New York Times.

Posted at 8:50 PM by Howard Bashman



“Quicksand for Judges”: The Wall Street Journal today contains an editorial that begins, “Congress returns from August vacation this week, but for Democrats on the Senate Judiciary Committee the summer winddown kicked off closer to April. By the time they left town for recess, they had chalked up one of the slowest rates for judicial confirmations in modern times.”

Posted at 8:44 PM by Howard Bashman



“Chief Justice Roberts judges mock court case at UF”: This article appears today in The Independent Florida Alligator. Last Friday, the newspaper previewed the Chief Justice’s visit in an article headlined “Chief Justice visits UF.”

The Jacksonville Daily Record reports today that “Chief Justice Roberts comes to UF.”

Saturday’s edition of The Gainesville Sun reported that “Chief justice puts UF students to test.” And on Friday, the newspaper reported that “U.S. Chief Justice presides over UF moot court contest.”

And last Friday’s edition of The Ocala Star-Banner reported that “Law student from Ocala gets supreme opportunity; University of Florida’s Rob Davis will argue mock case before chief justice.”

Posted at 8:35 PM by Howard Bashman



“Appeals court upholds city zoning challenge”: The Associated Press provides a report that begins, “Federal appeals judges say zoning restrictions by Islamorada, Fla., to block chains such as Starbuck’s and Walgreen’s run counter to laws protecting interstate commerce.”

You can access here and here today’s rulings of the U.S. Court of Appeals for the Eleventh Circuit.

Posted at 8:10 PM by Howard Bashman



“Kansas Supreme Court hears arguments on whether judges should be allowed to express views on issues”: This article appears today in The Kansas City Star.

Posted at 7:55 PM by Howard Bashman



“State Supreme Court upholds barring proposal to reform government”: The Detroit Free Press has a news update that begins, “The Michigan Supreme Court today upheld a decision to bar the so-called Reform Michigan Government Now proposal from going before voters in November, agreeing with a lower court ruling that the sweeping and multifaceted proposal could not be considered as a constitutional amendment.”

And The Associated Press reports that “Mich. high court upholds ruling to keep constitution rewrite off ballot.”

Posted at 7:50 PM by Howard Bashman



“Court to explore rehearing in death case”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The Supreme Court on Monday called for new legal briefs on possible rehearing — and, maybe, revision — of its ruling striking down the death penalty for the crime of child rape.”

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 7:34 PM by Howard Bashman



“Lawyers admonished against discussing Kent case”: Mary Flood of The Houston Chronicle provides a news update that begins, “The Florida judge who will oversee the criminal trial of U.S. District Judge Samuel Kent issued a gag order in the case to prevent public discussion by parties or court personnel that could interfere with the trial. Senior U.S. District Judge Roger Vinson of Pensacola late Friday issued the order that also allows him to hold arguments and hearings in chambers and outside of the presence of the public and forbids courthouse personnel from relating information from those hearings to the public.”

Perhaps it won’t be long before news organizations are filing mandamus petitions asking the U.S. Court of Appeals for the Fifth Circuit to allow press access at those arguments and hearings.

Posted at 6:25 PM by Howard Bashman



Fifth Circuit holds unconstitutional a Texas statute that tolls the statute of limitations against defendants for as long as they are not present in Texas: You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Interestingly, the State of Texas had intervened to defend the constitutionality of the law, but both the district court and now the Fifth Circuit disagreed.

For what it’s worth, today’s opinion also appears to use the phrase “Hobson’s choice” improperly.

Posted at 6:15 PM by Howard Bashman



“GOP delegates eye Nov. 4 high court effect: Will Republicans be able to mobilize forces to block Obama nominees?” Tom Curry, national affairs writer for MSNBC, had this report last week.

Posted at 5:38 PM by Howard Bashman



“Indian plaintiffs appeal trust case ruling”: The Associated Press provides a report that begins, “A half-million American Indian plaintiffs are appealing a federal judge’s recent decision to award them much less than they wanted in a long-running trust case.”

Posted at 5:28 PM by Howard Bashman



“Plaintiffs, defendants find going slow in federal courts”: Michael Doyle of McClatchy Newspapers and John Ellis of The Fresno Bee have this article.

Posted at 2:45 PM by Howard Bashman



Sunday, September 7, 2008

“‘No see, no indecent exposure,’ court rules”: Yesterday, The Des Moines Register contained an article that begins, “A Des Moines man should not have been found guilty of indecent exposure, even though Ankeny police caught him masturbating outside two bedroom windows of women who heard him moaning, the Iowa Supreme Court ruled Friday. The court decided that because neither of the female victims saw Ronnie James Isaac’s genitals, the crime wasn’t committed.”

And The Council Bluffs Daily Nonpareil yesterday contained an article headlined “County attorney: Legislature must address decency code.”

You can access last Friday’s ruling of the Supreme Court of Iowa at this link.

Posted at 10:55 PM by Howard Bashman



“Court officials unapologetic about gold leaf”: Monday’s edition of The Providence (R.I.) Journal contains an article that begins, “The state judiciary last week defended the use of 23-karat gold leaf in a renovation outside state Supreme Court offices in the Licht Judicial Complex.”

Posted at 10:48 PM by Howard Bashman



“Vaccine maker asks Mo. Supreme Court to overturn $8.5M award for man who contracted polio”: The Associated Press provides this report.

Posted at 10:47 PM by Howard Bashman



“Millette takes seat on Va. high court; Jurist who presided at sniper trial moves up from Court of Appeals”: This article appeared yesterday in The Richmond Times-Dispatch.

Posted at 10:45 PM by Howard Bashman



“Did a judge-prosecutor romance taint Texas murder trial? Sept. 8 hearing is set on allegations of a secret affair; Defendant faces execution Sept. 10.” Warren Richey will have this article Monday in The Christian Science Monitor.

Posted at 10:44 PM by Howard Bashman



“Harper blasted over hasty top-court nomination; While choice of N.S. judge hailed, outraged critics say PM bypassed vetting process by announcing name two days before election call”: This article appeared yesterday in The Toronto Globe and Mail.

Posted at 10:40 PM by Howard Bashman



“Drug makers seek shield from lawsuits; In a case that could have broad implications for consumers, the Supreme Court this fall will consider barring liability claims involving medications approved by the FDA”: David G. Savage has this article today in The Los Angeles Times.

Posted at 10:02 PM by Howard Bashman



“Too Generous”: The New York Times today contains an editorial that begins, “Conflict-of-interest disputes often turn on arcane points of law, but that is hardly the case with the controversy over the West Virginia Supreme Court and Massey Energy.”

The editorial concludes, “The United States Supreme Court should add the Massey case to its docket for the upcoming term and throw out the court’s tainted ruling.”

Posted at 9:55 PM by Howard Bashman



Perhaps they predicted this would happen: The Associated Press reports that “Future bright for fortunetelling in Vt. town.”

According to the article, laws that ban for-profit soothsaying, fortunetelling, palm reading and/or crystal-ball gazing may fail to survive First Amendment scrutiny.

Posted at 9:44 PM by Howard Bashman



“North Pole man loses lawsuit appeal”: The Fairbanks Daily News-Miner today contains an article that begins, “A 330-pound man who was hurt when his chair gave out in an attorney’s office lost a four-year legal battle against the lawyer last week.”

You can access the recent ruling of the Supreme Court of Alaska at this link.

Posted at 9:38 PM by Howard Bashman



“Supreme rivalries: 3 vie to argue R.I. land case before nation’s high court.” Yesterday’s edition of The Providence (R.I.) Journal contained an article that begins, “The fate of 31 acres in Charlestown owned by the Narragansett Indian tribe will be argued before the U.S. Supreme Court in November, but first a nasty local dispute must be resolved: Who should represent Rhode Island’s interests before the nation’s highest court?”

Posted at 3:04 PM by Howard Bashman



“Halverson in ‘terrible pain’ at Sunrise Hospital; Husband accused of beating judge”: This article appears today in The Las Vegas Review-Journal.

Posted at 2:47 PM by Howard Bashman



Saturday, September 6, 2008

“Holding Up Taxpayers: Lawyers in the D.C. gun case are demanding that the city pay them outsized fees.” This editorial appears today in The Washington Post.

Posted at 8:55 PM by Howard Bashman



“Seeking Details, Lawmakers Cite Anthrax Doubts”: The New York Times on Sunday will contain an article that begins, “A month after the F.B.I. declared that an Army scientist was the anthrax killer, leading members of Congress are demanding more information about the seven-year investigation, saying they do not think the bureau has proved its case.”

Posted at 8:45 PM by Howard Bashman



“Court Gives White House More Time; Stay Delays House Panel’s Probe Into Prosecutor Firings”: Today’s edition of The Washington Post contains an article that begins, “A federal appeals court granted the White House a temporary delay in turning over documents to a House committee investigating the firings of nine U.S. attorneys.”

Posted at 8:37 PM by Howard Bashman



Articles of note available online from SSRN: Law Professor Dan Markel has an article titled “How Should Punitive Damages Work?” (via “Legal Theory Blog“).

Law Professor (and former U.S. District Judge) Paul G. Cassell has an article titled “Treating Crime Victims Fairly: Integrating Victims into the Federal Rules of Criminal Procedure” (via “Legal Theory Blog“).

And Law Professor Ian Ayres and Sydney Foster have an article titled “Don’t Tell, Don’t Ask: Narrow Tailoring after Grutter and Gratz” (via “Legal Theory Blog“).

Posted at 12:42 PM by Howard Bashman