How Appealing

Tuesday, January 6, 2009

“U.S. court upholds L.A. ban on billboards; The U.S. 9th Circuit Court of Appeals reverses a lower-court ruling, saying the city’s 2002 prohibition of outdoor advertising does not violate a sign company’s 1st Amendment right to free speech”: The Los Angeles Times provides this news update.

My earlier coverage of today’s Ninth Circuit ruling appears at this link.

Posted at 10:52 PM by Howard Bashman

“Obama’s Choice for Solicitor General Has Left a Breach in a Long Paper Trail”: Adam Liptak will have this article Wednesday in The New York Times.

Posted at 10:48 PM by Howard Bashman

“Porn mogul Larry Flynt sues nephews over use of family name; Flynt says his good name in adult entertainment is being cheapened by his relatives’ porn movies; They respond that Flynt is their name too”: This article will appear Wednesday in The Los Angeles Times.

Posted at 10:45 PM by Howard Bashman

“Niners defend right to pat down fans at Candlestick”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “The San Francisco 49ers defended their pat-down searches of fans before an apparently divided California Supreme Court today, saying ticket-buyers know they’ll be searched when they walk into Candlestick Park and give up their right to argue that their privacy is being invaded.”

Posted at 10:40 PM by Howard Bashman

“Yoo and Bybee war memos revealed”: Michael Doyle of McClatchy’s Washington Bureau has this post this evening at his “Suits and Sentences” blog. The memos at issue, which Doyle’s blog post links to, appear to have been made publicly available earlier today.

Posted at 10:35 PM by Howard Bashman

“Judge indicted on more sex abuse charges; Already set for trial in an earlier case, he’s accused of attacking another female employee”: Lise Olsen and Mary Flood of The Houston Chronicle have a news update that begins, “U.S. District Judge Samuel Kent was indicted by a grand jury on Tuesday on new charges of sexually abusing another court employee and lying about it to a judicial disciplinary panel. Kent already is facing a trial in January on criminal charges of sexually abusing a different female employee, making him the first federal judge to be charged with federal sex crimes. He has repeatedly denied the charges. The same grand jury that indicted the jurist in August added on three additional charges on Tuesday: aggravated sexual abuse, abusive sexual contact and obstruction of justice.”

The Associated Press reports that “Judge indicted on additional sex charges in Texas.”

And the U.S. Department of Justice has issued a news release headlined “U.S. District Court Judge Charged in Superseding Indictment with Aggravated Sexual Abuse and Abusive Sexual Contact.”

Posted at 10:05 PM by Howard Bashman

“Model Liskula Cohen sues Google over blogger’s ‘skank’ comment”: This article appears today in The New York Daily News.

The New York Post reports today that “Ex-Vogue Model Snared in Ugly Web; Fighting Google over ‘Skank’ Blog.”

And The Associated Press reports that “Model wants Google to identify anonymous commenter.”

Meanwhile, in blog-based coverage, “Gothamist” has a post titled “Vogue Model Sues Google Over Blog’s Skankusations.” And “Gawker” has a post titled “Model Sues Google Over ‘Skank’ Blog Post.”

Posted at 3:47 PM by Howard Bashman

“SCOTUS Review Sought in Public Accounting Board Case”: Mike Scarcella has this post today at “The BLT: The Blog of Legal Times.” You can view the petition for writ of certiorari by clicking here.

Posted at 2:55 PM by Howard Bashman

“We must determine whether a city violates the First Amendment by prohibiting most offsite commercial advertising while simultaneously contracting with a private party to permit sale of such advertising at city-owned transit stops.” So begins the opinion that Circuit Judge Diarmuid F. O’Scannlain issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Metro Lights, LLC v. City of Los Angeles.

Law professor Laurence H. Tribe argued on behalf of the plaintiff on appeal. The plaintiff won in the trial court but lost today before the Ninth Circuit. LA Weekly’s blog covered the oral argument in a post that begins, “The United States Court of Appeals for the Ninth Circuit’s Courtroom 3 – a miniature auditorium with comfortable, smoked salmon-colored seats – was mostly filled with law students who seemed to be interested in just one thing: listening to Harvard Law School Professor Laurence Tribe argue constitutional law. It was a rare treat for law students, and they weren’t disappointed. Tribe, nationally recognized as one of the foremost liberal constitutional law scholars and Supreme Court practitioners, was in town from his lucrative gig as a consultant to the international law firm Akin Gump Strauss Hauer & Feld to give oral arguments in the billboard case Metro Lights v. City of Los Angeles.” You can download the oral argument audio via this link (6.01MB Windows Media Audio file).

And in April 2007, Los Angeles CityBeat reported on the case in an article headlined “Battle of the Billboards: L.A.’s plan to spiff up sidewalks leads to more street-level ads than it bargained for.”

Posted at 2:11 PM by Howard Bashman

“Court upholds Skilling conviction, orders resentencing”: The Houston Chronicle has a news update that begins, “An appeals court today upheld former Enron Chief Executive Jeff Skilling’s 19 federal felony convictions, but ordered a trial court to resentence him.”

And The Associated Press reports that “Skilling convictions upheld, resentencing ordered.”

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

Posted at 1:50 PM by Howard Bashman

“Justices consider issue of witness intimidation”: Today’s edition of The Newark (N.J.) Star-Ledger contains an article that begins, “Addressing the issue of witness intimidation, the state Supreme Court yesterday heard arguments on whether a witness who claims to have been threatened can issue a statement rather than testify in open court.”

And The Associated Press reports that “NJ high court hearing case on witness intimidation.”

Posted at 8:27 AM by Howard Bashman

“Attorney, small Placer businesses at odds over ADA compliance”: The Sacramento Bee today contains an article that begins, “Scott Norris Johnson’s letters are feared and loathed. The Carmichael lawyer admonishes small-business owners when their property is not accessible to the disabled. He recommends that the businesses make improvements within 90 days — or else. Johnson’s letters don’t say specifically what the consequence will be. But Johnson, who is quadriplegic, is one of the busiest litigators in federal courts in California.”

Posted at 8:24 AM by Howard Bashman

“Gay-marriage opponents attack Jerry Brown’s argument to void Proposition 8; Legal briefs filed Monday say the California attorney general’s theory ‘fails at every level’ and contradicts the judiciary’s role; The state Supreme Court could hear oral arguments as soon as March”: This article appears today in The Los Angeles Times.

The San Francisco Chronicle reports today that “Prop. 8 proponents say Brown ‘profoundly wrong.’

And in The San Jose Mercury News, Howard Mintz reports that “Another wave of legal arguments filed over California’s Proposition 8.”

Posted at 8:23 AM by Howard Bashman

“The law is on Blagojevich’s side: No matter what you think of him, the Illinois governor’s appointment of Roland Burris to the Senate meets the constitutional test.” Erwin Chemerinsky has this op-ed today in The Los Angeles Times.

Posted at 8:18 AM by Howard Bashman

“Should Animal Cruelty on Film Be Illegal?” Today’s installment of Adam Liptak’s “Sidebar” column begins, “A decade ago, Congress decided it was time to address what a House report called ‘a very specific sexual fetish.’ There are people, it turns out, who take pleasure from watching videos of small animals being crushed.”

My earlier coverage of the Third Circuit’s en banc ruling on this issue can be accessed here.

Posted at 8:05 AM by Howard Bashman

“Fierce Bush Critic Picked for Justice Post”: Today in The Wall Street Journal, Evan Perez and Jess Bravin have an article that begins, “President-elect Barack Obama picked an outspoken critic of President George W. Bush over terrorist interrogations for a top Justice Department job, part of a liberal lineup at the department that is likely to overhaul national-security policy.” The newspaper also contains an editorial entitled “What Congress Knew About ‘Torture.’

Today in The Washington Post, Carrie Johnson and Robert Barnes report that “Obama Nominates Four To Senior Justice Posts.”

In The Los Angeles Times, Josh Meyer and David G. Savage report that “Obama picks Clinton officials for four Justice Department posts; Harvard Law Dean Elena Kagan would become the first female solicitor general; Other key jobs go to Bush torture policy critic Dawn Johnsen and transition team members David Ogden and Tom Perrelli.”

The New York Times reports that “Obama Names 4 for Justice Jobs in Break From Bush Path.”

In USA Today, Joan Biskupic reports that “Key Justice nominees rooted in academia.”

And reports that “Obama Names Choices for Key DOJ Posts.”

Posted at 7:58 AM by Howard Bashman

“Ex-Detainee of U.S. Describes a 6-Year Ordeal”: Today’s edition of The New York Times contains an article that begins, “When Muhammad Saad Iqbal arrived home here in August after more than six years in American custody, including five at the military prison at Guantánamo Bay, Cuba, he had difficulty walking, his left ear was severely infected, and he was dependent on a cocktail of antibiotics and antidepressants.”

Posted at 7:55 AM by Howard Bashman

“U.S. judge revives lawsuit over Bush wiretaps”: Today in The San Francisco Chronicle, Henry K. Lee has an article that begins, “A defunct Islamic charity in Oregon that says it was illegally wiretapped by federal authorities can pursue its lawsuit challenging President Bush’s clandestine eavesdropping program, a federal judge in San Francisco ruled Monday.”

The Associated Press reports that “Judge reinstates Islamic group’s wiretapping suit.”

And Electronic Frontier Foundation’s “Deeplinks” blog has a post titled “Al-Haramain Warrantless Spying Case Can Proceed.”

You can access yesterday’s ruling of the U.S. District Court for the Northern District of California at this link.

Posted at 7:52 AM by Howard Bashman

“Justice Requires 12 Angry Men: Small juries are less likely to get the verdict right.” Steven Calabresi and Michael Saks have this op-ed today in The Wall Street Journal.

Posted at 7:45 AM by Howard Bashman