How Appealing



Saturday, November 8, 2008

“Vote Results Are Mixed on a Ban on Preference”: The New York Times today contains an article that begins, “Tuesday’s election results were mixed on the question of affirmative action, as ballot measures to end race- and gender-based preferences by public entities met different fates in Colorado and Nebraska.”

Posted at 3:10 PM by Howard Bashman



“Citing Rising Workload, Public Lawyers Reject Cases”: Sunday’s edition of The New York Times will contain an article that begins, “Public defenders’ offices in at least seven states are refusing to take on new cases or have sued to limit them, citing overwhelming workloads that they say undermine the constitutional right to counsel for the poor.”

Posted at 2:40 PM by Howard Bashman



“Specter of gun regulation prompts sales; Democratic power brings fear of assault rifle ban”: This article appears today in The News & Observer of Raleigh, North Carolina.

Posted at 1:32 PM by Howard Bashman



“Can Barack Obama undo Bush’s tangled legal legacy?” Marisa Taylor and Michael Doyle of McClatchy Newspapers have this report.

Posted at 1:30 PM by Howard Bashman



“Guilty in courthouse rampage; Death penalty phase to start Monday”: This article appears today in The Atlanta Journal-Constitution.

The New York Times reports today that “Man Guilty in Murders at Atlanta Courthouse.”

The Los Angeles Times reports that “Atlanta man found guilty of murder in courtroom rampage; Jurors rejected Brian Nichols’ claim of insanity for the 2005 shooting rampage that left four dead; Nichols faces the death sentence or life in prison.”

And Monday’s issue of the Fulton County Daily Report will contain an article headlined “Jury’s Speed Seen as Bad Sign for Convicted Courtroom Shooter; Law professor calls 12-hour verdict for 54 counts ‘great cause for concern’ for defense lawyers.”

Posted at 11:30 AM by Howard Bashman



“Name-Brand Drug Makers Ruled Liable for Injuries From Other Manufacturers’ Generics”: Mike McKee of The Recorder provides this report.

And today in The San Francisco Chronicle, Bob Egelko reports that “S.F. court revives suit vs. Wyeth over generic.”

You can access yesterday’s ruling of the California Court of Appeal for the First Appellate District, Division Three, at this link.

The defense-oriented bloggers at the “Drug and Device Law” blog offer their criticisms of the ruling in a post you can access here.

Posted at 11:28 AM by Howard Bashman



New writings possibly of interest to readers of this blog: In the October 2008 issue of the Duke Law Journal, Hannah L. Weiner has a note titled “The Next ‘Great Dissenter’? How Clarence Thomas Is Using the Words and Principles of John Marshall Harlan to Craft a New Era of Civil Rights” (via “Concurring Opinions“).

Law Professor Amy E. Sloan has posted online at SSRN an article titled “If You Can’t Beat ‘Em, Join ‘Em: A Pragmatic Approach to Nonprecedential Opinions in the Federal Appellate Courts” (via “Legal Theory Blog“).

Law Professors Joshua B. Fischman and David S. Law have posted online at SSRN an article titled “What Is Judicial Ideology, and How Should We Measure It?” (via “Legal Theory Blog“).

And Law Professor Brian Z. Tamanaha has posted online at SSRN an article titled “The Distorting Slant of Quantitative Studies of Judging” (via “Legal Theory Blog“).

Posted at 11:15 AM by Howard Bashman



“Federal judgeship openings await Obama”: Mark Sherman of The Associated Press has a report that begins, “President-elect Obama will enter office with an immediate opportunity to begin shaping the federal courts by filling four dozen openings on trial and appeals courts.”

I had this related post late on election night.

Posted at 10:50 AM by Howard Bashman