How Appealing



Thursday, October 9, 2008

“9th Circuit’s Kozinski Faces New Misconduct Complaint From Familiar Foe; Attorney who filed complaint was the one who exposed Kozinski for having sexually explicit images on his personal Web site”: Pamela A. MacLean of The National Law Journal provides this report.

Posted at 11:08 PM by Howard Bashman



“Appeals Panel Issues Stay of Order Freeing Detainees”: The New York Times contains this article today.

The Washington Post reports today that “Chinese Detainees’ Release Is Blocked; Justice Dept. Seeks More Time for Appeal.” The newspaper also contains an editorial entitled “17 Detainees: A federal judge overreached in an effort to free Chinese Uighurs from an unjustified legal limbo.”

Friday in The Christian Science Monitor, Warren Richey will have an article headlined “Showdown ahead over 17 Uighur detainees; The Justice Department says the judiciary does not have the power to release Guantánamo detainees into the US.”

And The Associated Press provides reports headlined “Chinese Muslims’ release into US blocked for now“; “China says it won’t torture Guantanamo detainees“; and “Some at Gitmo see US as ally.”

SCOTUSblog” has posted online the D.C. Circuit‘s order at this link.

And today, the U.S. District Court for the District of Columbia issued this redacted opinion explaining the basis for its ruling.

Posted at 11:05 PM by Howard Bashman



“California leads the nation in gay rights; Incremental victories in the Legislature and the courts over the last decade will remain even if Proposition 8 is approved”: This article appears today in The Los Angeles Times.

Posted at 10:45 PM by Howard Bashman



“Court Weighs Concerns on Whales and Military”: Adam Liptak has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that “Supreme Court hears case about Navy sonar and whales; Justices appear split about whether military’s security needs outweigh the potential risks to marine mammals during training exercises.”

Joan Biskupic of USA Today reports that “Court weighs Navy vs. whales; Sonar tests argued as vital.”

And The Washington Post reports that “NOAA, Court Focus On Marine Mammals; Ship Speed Limited; Sonar Use Debated.”

Posted at 10:38 PM by Howard Bashman



“Supreme Court won’t block Troopergate inquiry”: The Anchorage Daily News provides an update that begins, “The Alaska Supreme Court today rejected an attempt by a group of six Republican legislators to shut down the Legislature’s investigation of Gov. Sarah Palin.”

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

Posted at 10:10 PM by Howard Bashman



“S.F. ridicules tobacco giant’s free-speech argument against ban”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “Philip Morris’ argument that San Francisco’s new ban on tobacco sales in drugstores violates freedom of speech was derided Thursday by the city’s lawyers, who said the First Amendment doesn’t guarantee the right to sell cigarettes.”

Posted at 10:03 PM by Howard Bashman



“Southampton woman’s strip-search case gets trial”: Today’s issue of Newsday contains an article that begins, “A federal appellate court Wednesday ordered that a trial be held to determine if Southampton Village police violated the civil rights of a woman by strip-searching her in a cell that contained a video camera. Stacey Hartline, then 21, sued the village and four police officers for $1 million in 2003 after she was strip-searched, following a misdemeanor arrest for marijuana possession. The charges were eventually dismissed.”

And The Associated Press provides a report headlined “Appeals court: Search violated NY woman’s rights.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 9:15 PM by Howard Bashman



“Oregon court sees frozen embryos as property rights issue”: The Oregonian today contains an article that begins, “A divorcing couple’s years-old agreement to thaw out frozen embryos trumps the ex-husband’s recent desire to donate them to another woman trying to have children, the Oregon Court of Appeals said Wednesday.”

And The Associated Press reports that “Ore. court rules frozen embryos can be destroyed.”

You can access yesterday’s ruling of the Oregon Court of Appeals at this link.

Posted at 9:02 PM by Howard Bashman



“Judges rule against suspended lawyer”: Today’s edition of The San Antonio Express-News contains an article that begins, “Suspended San Antonio lawyer Ted H. Roberts, who extorted $100,000 from his wife’s lovers, is another step closer to prison. A three-judge panel of the 4th Court of Appeals on Wednesday upheld Roberts’ conviction, finding that he misused civil litigation petitions to threaten and trick the men into giving him the money.”

You can access yesterday’s ruling of the Fourth Court of Appeals of Texas at this link.

Posted at 8:55 PM by Howard Bashman



Wednesday, October 8, 2008

“Supreme Court hears case on Navy sonar, whales; The justices appear divided on whether environmental laws can protect the marine mammals during military exercises; A ruling is not expected for several months”: David G. Savage of The Los Angeles Times provides this news update.

Michael Doyle of McClatchy Newspapers reports that “At Supreme Court, sonar case pits whales against Navy.”

And The Washington Post provides a news update headlined “High Court to Settle Dispute Over Navy Sonar’s Impact on Whales.”

Posted at 4:45 PM by Howard Bashman



“Court sympathetic to worker’s retaliation claims”: Mark Sherman of The Associated Press has an article that begins, “Supreme Court justices indicated Wednesday they would side with a longtime government worker who claims she was fired in retaliation after she cooperated with a sexual harassment investigation.”

Posted at 4:40 PM by Howard Bashman



“Court wrestles with case on Navy sonar, whales”: Mark Sherman of The Associated Press provides this report.

The U.S. Supreme Court has already posted online the transcript of today’s oral argument in Winter v. Natural Resources Defense Council, Inc., No. 07-1239.

Update: Later today, the Court posted online the transcripts of the second case argued today, Summers v. Earth Island Institute, No. 07-463, and the third case argued today, Crawford v. Metropolitan Government of Nashville and Davidson Cty., No. 06-1595.

Posted at 2:55 PM by Howard Bashman



“Nichols on tape: Killings ‘noble.'” Today’s edition of The Atlanta Journal-Constitution contains an article that begins, “The calmness in his voice gave no hint he’d just killed four people whom he describes as both innocent victims and casualties of war. At times, Brian Nichols sounded almost meek Tuesday as he justified to police his March 11, 2005, Fulton County Courthouse killing spree as a slave rebellion in which he was a ‘noble soldier.’ In a three-hour videotaped confession played during his trial, Nichols is shown sitting across a table from an Atlanta Police Department homicide detective, detailing each of four fatal shootings. The dramatic account is the first public revelation of Nichols’ own words — what he was thinking, or not thinking, as he pulled the trigger.”

The newspaper has posted online an excerpt of the video at this link.

Posted at 9:07 AM by Howard Bashman



“Marijuana law unconstitutional, lawyer argues”: Bill Rankin has this article today in The Atlanta Journal-Constitution.

According to the article, the Georgia statute in question provides, “Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor.”

Posted at 9:00 AM by Howard Bashman



“Federal appeals court makes rare Providence appearance”: Today in The Providence (R.I.) Journal, Edward Fitzpatrick has an article that begins, “Judges from the federal appeals court based in Boston will hear arguments in Providence this morning as part of the centennial of the federal courthouse in Kennedy Plaza.”

Posted at 8:35 AM by Howard Bashman



“E-mails suggest Pfizer tried to suppress study on drug; Suits say company misled on Neurontin”: The Boston Globe today contains an article that begins, “Top drug company marketing executives suppressed a large European study suggesting their blockbuster medication Neurontin was ineffective for chronic nerve pain, and they privately strategized about how to silence a British researcher who wanted to go public with the data, according to newly filed documents and e-mails that are part of a Boston court case.”

And The New York Times reports today that “Experts Conclude Pfizer Manipulated Studies.”

Posted at 8:32 AM by Howard Bashman



“Judge Orders 17 Detainees at Guantanamo Freed”: This article appears today in The New York Times.

Today’s edition of The Washington Post contains a front page article headlined “Chinese Muslims Ordered Released From Guantanamo.” The newspaper also reports that “D.C. Area Families Are Ready to Receive Uighur Detainees.”

David G. Savage of The Los Angeles Times reports that “Judge orders 17 Chinese Muslims released from Guantanamo Bay; U.S. District Judge Ricardo Urbina is to decide where in the U.S. the men can be released; The Pentagon cleared most of them of wrongdoing four years ago.”

Jess Bravin of The Wall Street Journal reports that “Judge Orders the Release of 17 Out of Guantanamo, Into U.S.

And Marisa Taylor of McClatchy Newspapers reports that “Judge orders 17 Guantanamo detainees released to U.S.

Late last night, “SCOTUSblog” posted this transcript of the judge’s oral ruling.

Posted at 8:27 AM by Howard Bashman



“Students Briefed for Day in Court”: This article appears today in The Harvard Crimson. According to the article, the students will be taking “a 24-hour trip to Washington D.C. to hear two Supreme Court cases and meet with Justice David H. Souter ’61 next Tuesday.”

Posted at 8:05 AM by Howard Bashman



“AP Exclusive: Documents say detainee near insanity.” The Associated Press provides a report that begins, “A U.S. military officer warned Pentagon officials that an American detainee was being driven nearly insane by months of punishing isolation and sensory deprivation in a U.S. military brig, according to documents obtained by The Associated Press.”

Posted at 8:02 AM by Howard Bashman



“Gableman charged with misconduct by Judicial Commission over campaign ad”: Today’s edition of The Wisconsin State Journal contains an article that begins, “For the second time in just over a year, the state agency that investigates wrongdoing by judges has leveled misconduct charges against a new member of the state Supreme Court.”

The Milwaukee Journal Sentinel reports today that “Judicial Commission says Gableman ad was deceiving.”

And The Associated Press provides a report headlined “Wis. judicial panel: Punish new judge for false ad.”

Posted at 7:54 AM by Howard Bashman



“More on the Upcoming Supreme Court Case of Wyeth v. Levine and the Preemption Temptation”: Anthony J. Sebok and Benjamin C. Zipursky have this essay — the last in a two-part series — online at FindLaw. Part one can be accessed here.

Posted at 7:45 AM by Howard Bashman



Tuesday, October 7, 2008

“Court to decide when public lands management can be challenged”: Michael Doyle of McClatchy Newspapers has an article that begins, “A well-seasoned Sequoia National Forest logging dispute comes to a boil Wednesday, as the Supreme Court considers when activists can challenge the management of federal lands.”

Posted at 11:34 PM by Howard Bashman



“Ohio court weighs opening records”: The Cincinnati Enquirer provides a news update that begins, “Medical records of pregnant teenagers, and perhaps all Ohioans, could become public in a case before the state Supreme Court. Supreme Court justices are expected to rule by early next year on the first civil case of its kind in the nation seeking private records of minors.”

And The Associated Press reports that “Ohio top court mulls Planned Parenthood files.”

The Supreme Court of Ohio provides this background about the case. And by clicking here (RealPlayer required), you can view today’s oral argument of the appeal.

Posted at 11:24 PM by Howard Bashman



“High court dispute over who gets retirement money”: Mark Sherman of The Associated Press has an article that begins, “If William Kennedy had updated all his financial paperwork in accordance with his divorce decree, chances are his daughter would not have been at the Supreme Court on Tuesday fighting for the $402,000 she thinks should be hers.”

Posted at 11:10 PM by Howard Bashman



“Judge orders release of Chinese Muslims into US”: Hope Yen of The Associated Press has a report that begins, “A federal judge ordered the Bush administration Tuesday to immediately release a small group of Chinese Muslims from Guantanamo Bay into the United States.”

Posted at 2:30 PM by Howard Bashman



Two recent posts of interest at “The BLT: The Blog of Legal Times.” Tony Mauro has a post titled “‘Massive Impasse’ at the Supreme Court” that begins, “It’s the classic dilemma that faces parties who suddenly find themselves before the Supreme Court. Who should argue: the lawyer who has been with the case from the beginning, or a seasoned Supreme Court advocate who knows which buttons to push to win the hearts and votes of five justices?”

And Mike Scarcella has a post titled “D.C. Circuit Takes Up Hairy Dispute in Beards Case.”

Posted at 2:23 PM by Howard Bashman