How Appealing



Wednesday, September 3, 2008

“UA law school plans talks by Supreme Court justices”: Today’s edition of The Arizona Daily Star contains an article that begins, “The University of Arizona law school’s annual tradition of bringing in U.S. Supreme Court justices to campus appears set for another year. U.S. Supreme Court Chief Justice John Roberts and retired Justice Sandra Day O’Connor plan to visit the James E. Rogers College of Law this academic year, and Justice Stephen Breyer will make two appearances next week.”

One of Justice Stephen G. Breyer’s appearances will be at a symposium on the topic of “New Media and the Courts.” You can view the agenda at this link.

Posted at 9:00 PM by Howard Bashman



“Roe v. Wade makes campaign comeback; Democrats warn women that high court — and abortion rights — is at stake”: Tom Curry, national affairs writer for MSNBC, has this report.

Posted at 8:57 PM by Howard Bashman



“Will Justice Alito Halt the Hemlock?” At “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “Talk about moot. On Sept. 16, Supreme Court Justice Samuel Alito Jr. and four other judges will hear the appeal of a verdict that was first rendered oh, about 2,400 years ago — at the Trial of Socrates.”

Posted at 3:20 PM by Howard Bashman



“Appeals court: School stifled student’s protest.” Today’s edition of The Arkansas Democrat-Gazette contains an article that begins, “An appeals court Tuesday upheld a federal judge’s ruling last fall that the Watson Chapel School District violated the First Amendment rights of a group of students who wore black armbands to school to protest a new uniform policy.”

The Arkansas News Bureau reports that “Appeals panel says suspensions violated Watson Chapel students’ rights.”

And The Associated Press provides a report headlined “8th Circuit: Students can wear armbands to protest dress code.”

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

Posted at 1:57 PM by Howard Bashman



“Time extended for Big Dig prosecution; WWII fraud law applies, judge rules”: Today in The Boston Globe, Jonathan Saltzman has an article that begins, “A federal judge has ruled that prosecutors can pursue scores of fraud charges against former employees of a Big Dig contractor – even though the statute of limitations had expired – because the United States was at war for much of this decade. In an unusual ruling that introduced questions of war and peace into a corruption case, US District Court Judge Richard G. Stearns said prosecutors can extend the ordinary five-year window to pursue 85 fraud charges against six former managers of Aggregate Industries NE Inc. by applying a seldom-used World War II-era law.”

And The Associated Press reports that “Judge says WWII era law applies in Big Dig case.”

My earlier coverage of last Friday’s ruling appears at this link.

Posted at 1:48 PM by Howard Bashman



“We must decide whether guests at the Gilroy Garlic Festival can hold the City of Gilroy in California and the Gilroy Garlic Festival Association liable in a civil rights action when they are escorted from the event by a City police officer for violating the Festival’s dress code.” Today, an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in a case brought by individuals who were required to leave the Gilroy Garlic Festival because their motorcycle club’s insignia was deemed to have violated the Festival’s dress code. By a vote of 7-4 in part, and 6-5 in part, the en banc court affirmed the rejection of the plaintiffs’ claims.

Posted at 1:40 PM by Howard Bashman



“Federal Judge Samuel Kent promises ‘a horde of witnesses'”: Mary Flood of The Houston Chronicle has a news update that begins, “U.S. District Judge Samuel Kent stood before a fellow federal judge this morning and vehemently proclaimed his innocence of three federal sexual crimes in his indictment.”

And The Associated Press reports that “Judge pleads not guilty to sex crime charges.”

Posted at 1:17 PM by Howard Bashman



“Presidential Candidates & Judicial Nominees”: You can access last Saturday’s broadcast of C-SPAN’s “America and the Courts” program by clicking here. C-SPAN also has made available at this link the entire panel discussion from the American Bar Association’s recent annual meeting in New York City. RealPlayer is required to launch these video clips.

Posted at 9:12 AM by Howard Bashman



Available online from law.com: An article reports that “2nd Circuit Reinstates NYC’s RICO Allegation of Tax Loss From Online Cigarette Sales.” You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

In other news, “9th Circuit Deals Blow to Altered Crops.” You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

And an article is headlined “No ‘Legitimate’ Privacy Expectation in Data on Office Computer, Court Says.” You can access last Friday’s ruling of the Superior Court of New Jersey’s Appellate Division at this link.

Posted at 9:00 AM by Howard Bashman



“Indicted judge to make first court appearance”: The Associated Press provides a report that begins, “U.S. District Judge Samuel Kent, usually in charge of dispensing justice, was set to find himself in an odd place: standing in front of the bench as a defendant. Kent was to make his first court appearance Wednesday after being indicted last week on federal sex crimes following a Department of Justice investigation.”

Posted at 8:50 AM by Howard Bashman



Tuesday, September 2, 2008

“Patent Appeals Board Constitutionality Targeted in Federal Circuit”: Mike Scarcella has this post today at “The BLT: The Blog of Legal Times.”

Posted at 11:04 PM by Howard Bashman



“Granholm seeks quick go-ahead from Michigan Supreme Court”: The Detroit Free Press provides a news update that begins, “Michigan Gov. Jennifer Granholm has just asked the state Supreme Court to weigh in on the crisis over Detroit Mayor Kwame Kilpatrick and rule as soon as possible on whether the governor can hold a public hearing scheduled for Wednesday that could result in the firing of Kilpatrick.” The newspaper has posted a copy of the Governor’s request at this link. And the newspaper also has a news update headlined “Appeal on removal hearings begins; mayor’s lawyers arrive late.”

In other coverage, The Associated Press reports that “Mich. high court asked to take Detroit mayor case.”

Posted at 5:52 PM by Howard Bashman



“Defendants argue that the district court erred in holding that discipline of plaintiffs for wearing armbands that protested the school’s dress code was unconstitutional.” Students disciplined for wearing black armbands to public school to protest their school’s dress code policy have achieved a First Amendment victory in a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.

Posted at 12:15 PM by Howard Bashman



“Forgotten, man sits in jail for two years”: Sunday’s edition of The St. Louis Post-Dispatch contained an article that begins, “Joseph A. Shepard Sr. sat in local jails for almost two years, assuming that his lawyer was making progress on his case and that drug-related charges against him would soon be resolved in federal court.”

Posted at 10:27 AM by Howard Bashman



“Solving the U.S. atttorneys stalemate: Rather than stalling Congress’ probe into the firing of nine U.S. attorneys, the Bush administration should seek a compromise.” This editorial appears today in The Los Angeles Times.

Posted at 7:42 AM by Howard Bashman



“Lawyers: Gonzales mishandled classified data.” Lara Jakes Jordan of The Associated Press has a report that begins, “Former Attorney General Alberto Gonzales mishandled highly classified notes about a secret counterterror program, says a memo by his legal team, which touches on one of the most contentious episodes of high-level infighting in the Bush administration’s war on terror.”

And The Washington Post reports today that “Report Faults Handling of Wiretap Notes; No Evidence of Data Breach; Criminal Sanctions Unlikely Against Gonzales.”

Posted at 7:28 AM by Howard Bashman



“U.S. fights to bar Nacchio witness”: This past Saturday’s edition of The Rocky Mountain News contained an article that begins, “Former Qwest CEO Joe Nacchio’s attorneys had ‘ample opportunity’ to establish the reliability of an expert witness but failed to do so, federal prosecutors argued Friday. The filing was made in advance of oral arguments Sept. 25 in front of the full 10th Circuit Court of Appeals.”

And The Associated Press provides a report headlined “Prosecutors: New Nacchio trial would be ‘drastic.’”

Posted at 6:54 AM by Howard Bashman



Monday, September 1, 2008

“‘Supreme Courtship’ by Christopher Buckley: The author takes satirical aim at America’s highest court.” Columnist Patt Morrison has this essay today in The Los Angeles Times.

Posted at 4:57 PM by Howard Bashman



“Law named for slain Laci Peterson, unborn son yet to be tested”: Michael Doyle of McClatchy Newspapers has this article.

According to the article, “So far, Bureau of Justice Statistics databases don’t show any federal prosecutions under the law, also known as the Unborn Victims of Violence Act.”

Posted at 4:48 PM by Howard Bashman



“Washington Gun Ownership to Go Through One Man”: The New York Times today contains an article that begins, “Residents here who buy a gun to keep legally at home, now that the Supreme Court has overturned the city’s ban on handguns, will find that a bureaucratic maze leads them to an unmarked door on Good Hope Road Southeast where Charles W. Sykes Jr. does business.”

Posted at 10:50 AM by Howard Bashman



“Death penalty upheld for Orange County white supremacist; The California Supreme Court upholds the ruling in the case of Gunner Lindberg, the first person in the state condemned to die for a racially motivated murder; The victim was a Vietnamese American”: Saturday’s edition of The Los Angeles Times contained this article.

The Orange County Register on Friday reported that “High court affirms death for O.C. hate crime killing; Gunner Lindberg was the first defendant to get death for the special circumstances of committing a murder out of racial hatred.”

And Metropolitan News-Enterprise reported on Friday that “Death Sentence Upheld for White Supremacist in Hate Crime.”

You can access last Thursday’s ruling of the Supreme Court of California at this link.

Posted at 10:30 AM by Howard Bashman