How Appealing



Thursday, January 29, 2009

“Obama Signs First Piece of Legislation Into Law; Lilly Ledbetter Act Makes It Easier for Workers to Sue for Pay Discrimination”: The Washington Post has this news update.

The New York Times has a news update headlined “Obama Signs Equal-Pay Legislation.”

And The Los Angeles Times has a news update headlined “Michelle Obama salutes Lilly Ledbetter at White House; The first lady, making her first public appearance since the inaugural, hosts a White House reception in honor of Ledbetter, who inspired a new law aimed at ensuring equal pay for women.”

Posted at 2:20 PM by Howard Bashman



“Supreme Court’s Hecht appeals ethics fine”: Chuck Lindell has this post at the “Austin Legal” blog of The Austin American-Statesman.

Posted at 1:54 PM by Howard Bashman



“Fired worker’s suit tests Florida’s concealed-gun law; A Boca Raton man claims he was fired in violation of Florida law for keeping a gun in his car while at work”: This article appears today in The Miami Herald.

Posted at 9:05 AM by Howard Bashman



“Benjamin should stay on case, Massey argues”: Today’s edition of The Charleston (W. Va.) Gazette contains an article that begins, “Forcing a justice to step aside from a case because there is a ‘probability of bias’ because of a possible ‘debt of gratitude’ would create an unworkable recusal standard, Massey Energy Co. argued in a brief filed Wednesday with the U.S. Supreme Court.” Last night, I linked to that brief in this post.

And the web site Knowledge@W.P. Carey has posted online an item headlined “Sandra Day O’Connor: Where Judges Can Be Bought and Sold.”

Posted at 8:50 AM by Howard Bashman



“U.S. Can Continue Yemeni’s Detention”: This article appears today in The Washington Post. You can access yesterday’s ruling of the U.S. District Court for the District of Columbia at this link.

Today in The Wall Street Journal, John Yoo has an op-ed entitled “Obama Made a Rash Decision on Gitmo: The president will soon realize that governing involves hard choices.”

In The New York Times, columnist Nicholas D. Kristof has an op-ed entitled “Putting Torture Behind Us.”

And in The Boston Globe, Richard Clarke has an op-ed entitled “The confusion over renditions.”

Posted at 8:40 AM by Howard Bashman



“Firefighters’ case deemed ‘quite unusual'”: The Yale Daily News today contains an article that begins, “Stereotypically, lawyers rarely agree. But, according to four law school professors, the Supreme Court case Ricci v. DeStefano is quite unusual.”

Posted at 8:32 AM by Howard Bashman



“First of 8,000 antitobacco suits to go to trial in Florida; Once part of a huge class action lawsuit, plaintiffs are now waging fights one at a time”: This article appears today in The Christian Science Monitor.

Posted at 7:55 AM by Howard Bashman



“Legal System Struggles With How to React When Police Officers Lie”: Amir Efrati has this article today in The Wall Street Journal.

Posted at 7:48 AM by Howard Bashman



Wednesday, January 28, 2009

“Will Padilla’s case be heard? The Justice Department says a victory by the convicted terrorist would harm national security.” Warren Richey will have this article Thursday in The Christian Science Monitor.

Posted at 11:00 PM by Howard Bashman



“U.S. high court asked to take up Bilski patent case”: Reuters provides a report that begins, “The U.S. Supreme Court is being asked to review a decision in a patent case which put a question mark over the ability to patent such things as software and financial strategies.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Major new case on patent rights.”

You can access the petition for writ of certiorari at this link.

Posted at 10:55 PM by Howard Bashman



“High Court Justices Protect Workers From Retaliation in Job Bias Investigations”: Marcia Coyle of The National Law Journal has this report.

Posted at 10:54 PM by Howard Bashman



“Eroding the Exclusionary Rule: Why the Supreme Court got it wrong in Herring v. United States.” Radley Balko has this essay online today at Reason.

Posted at 10:52 PM by Howard Bashman



The Brief for Respondent was filed today in the U.S. Supreme Court case of Caperton v. A.T. Massey Coal, No. 08-22: You can access the Brief for Respondent at this link.

In addition, yesterday I linked here to an article forthcoming in the February 2009 issue of ABA Journal magazine headlined “Caperton’s Coal: The battle over an Appalachian mine exposes a nasty vein in bench politics.” Today, attorney Andrew L. Frey, counsel of record in the Supreme Court for the Massey parties, sent this letter to the editor and publisher of the ABA Journal to seek the correction of what Frey described as “certain striking errors in the story.”

Finally, The Associated Press on Monday had a report headlined “Benjamin expected to hear Massey appeal” that begins, “West Virginia Chief Justice Brent Benjamin is participating in another appeal involving Massey Energy even as the U.S. Supreme Court reviews his participation in a case involving the coal company.”

Posted at 8:48 PM by Howard Bashman



“DOJ wants delay on detainee question”: At Politico.com, Josh Gerstein has an article that begins, “President Obama’s Justice Department is asking a federal judge for at least two more weeks to answer the thorny question of who is and who isn’t an ‘enemy combatant.'”

Posted at 2:33 PM by Howard Bashman



“Ninth Circuit Denies En Banc Review in Text Message Privacy Case”: Steven M. Ellis of Metropolitan News-Enterprise has an article that begins, “The Ninth U.S. Circuit Court of Appeals, over the dissent of seven of its judges, yesterday declined to review en banc a ruling that the Ontario Police Department violated an employee’s right to privacy when supervisors examined the contents of text messages sent on department pagers. A panel of the court ruled in June that the department violated the Fourth Amendment rights of Sgt. Jeff Quon and three others to whom he sent text messages when the department obtained transcripts from the service provider and examined the messages’ contents to determine whether a monthly overage charge resulted from personal use.”

In addition to yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit denying rehearnig en banc, you can also access online Circuit Judge Kim McLane Wardlaw‘s opinion concurring in the denial of rehearing en banc, and Circuit Judge Sandra S. Ikuta‘s opinion dissenting from the denial of rehearing en banc. A total of seven judges noted their dissent from the denial of rehearing en banc.

Judge Wardlaw’s concurring opinion begins, “No poet ever interpreted nature as freely as Judge Ikuta interprets the record on this appeal. The dissent is not bound by the facts, even those found by the jury; nor is it confined to the actual fact-driven Fourth Amendment holding.”

Posted at 2:00 PM by Howard Bashman



New York State’s statutory ban on the possession of nunchucks does not violate the Second and Fourteenth Amendments, the Second Circuit holds: According to today’s ruling of the U.S. Court of Appeals for the Second Circuit, the plaintiff argued that “New York’s statutory ban on the possession of nunchakus violates (1) the Second Amendment because it infringes on his right to keep and bear arms, and (2) the Fourteenth Amendment because it lacks a rational basis.” The Second Circuit finds merit in neither argument.

With regard to the Second Amendment, today’s ruling notes that “It is settled law, however, that the Second Amendment applies only to limitations the federal government seeks to impose” on the right of the people to keep and bear arms.

Posted at 11:15 AM by Howard Bashman



“Holder confirmation won’t end torture questions”: The Associated Press provides this report.

At “The BLT: The Blog of Legal Times,” David Ingram has a post titled “Specter Says He Will Vote for Holder.”

The Los Angeles Times today contains an editorial entitled “Cornyn’s outrageous confirmation demand: The GOP senator defies legal ethics by demanding that the attorney general nominee vow to not pursue any torture prosecutions.”

And The New York Times today contains an editorial entitled “Alberto Gonzales, the Sequel.” You can access my recent related coverage at this link.

Posted at 10:22 AM by Howard Bashman