How Appealing

Wednesday, March 18, 2009

“1st Circuit Denies Review of Libel Ruling”: At his “Media Law” blog tonight, Robert J. Ambrogi has a post that begins, “The 1st U.S. Circuit Court of Appeals today turned down a petition asking the full circuit to rehear en banc the controversial decision Noonan v. Staples, in which a three-judge panel ruled that truth is not an absolute defense to libel.”

Posted at 10:12 PM by Howard Bashman

“Christian law group loses fight with Hastings”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “UC Hastings College of the Law can deny recognition and funding to a Christian student group because it excludes gays, lesbians and non-Christians, a federal appeals court ruled Tuesday.”

You can access yesterday’s non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:22 PM by Howard Bashman

“State attorney general argues against death penalty curbs; Gansler says proposed limits will ‘almost nullify’ capital”: The Baltimore Sun contains this article today.

Posted at 8:05 PM by Howard Bashman

“Holder Urged to Probe Allegations of Torture; ACLU Seeks Answers About Detainees”: This article appears today in The Washington Post.

Posted at 7:38 PM by Howard Bashman

“DOJ Skips Challenge to Aipac Ruling”: Josh Gerstein has this post at his new blog at, titled “Under the Radar.”

Posted at 7:28 PM by Howard Bashman

“Eyewitness IDs Don’t Always Mean Justice”: This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR’s “Day to Day.”

Sadly, this may mark Dahlia’s last appearance on “Day to Day,” as the program will broadcast its final episode this Friday.

Posted at 3:17 PM by Howard Bashman

“Federal judge denies release of alleged terrorist”: The Associated Press has a report that begins, “An alleged al-Qaida sleeper agent held for nearly six years without being charged must remain behind bars as the criminal case against him continues, a judge ruled Wednesday. U.S. Magistrate Judge Robert Carr turned down Ali al-Marri’s bid to be released on bond, despite an offer by his lawyer’s wife to put up collateral to guarantee al-Marri wouldn’t flee before his trial in Illinois on terror charges.”

Posted at 2:20 PM by Howard Bashman

“Study concludes a well-worn gripe may be right: ABA ratings are biased against conservative nominees”: Marcia Coyle will have this article in the March 23, 2009 issue of The National Law Journal.

Posted at 2:11 PM by Howard Bashman

“Conservatives invoke Obama in Voting Rights Act challenge; They say his election as president is the sign of a colorblind society that doesn’t need safeguards for minorities; Civil rights advocates disagree, pointing to other voting patterns”: Peter Wallsten and David G. Savage have this article today in The Los Angeles Times.

Posted at 8:42 AM by Howard Bashman

“Indiana judge nominated for U.S. Court of Appeals; President got thumbs-up from Lugar and Bayh before naming Hamilton”: The Indianapolis Star contains this article today.

Today in The Los Angeles Times, David G. Savage reports that “Obama announces first judicial nomination; The president taps Judge David F. Hamilton of Indiana for the 7th Circuit Court of Appeals in Chicago. A conservative legal group immediately objects, calling Hamilton an ‘ultra-liberal.’

Margaret Talev and Marisa Taylor of McClatchy Newspapers have an article headlined “Obama judicial pick will test pledge to end confirmation wars.”

And Michael A. Fletcher of The Washington Post reports that “Obama Names Judge to Appeals Court; President Praises David Hamilton of Indiana as a Moderate.”

Posted at 8:40 AM by Howard Bashman

“Suspected Al-Qaeda Agent Gets Hearing; Further Detention for Marri to Be Sought”: This article appears today in The Washington Post.

Posted at 8:37 AM by Howard Bashman

“Plan Would Limit Prison Chapel Books”: The New York Times today contains an article that begins, “A broad swath of religious organizations and civil liberties groups — often on opposite sides of contentious issues — have joined together to condemn a proposed rule that they say would prohibit some religious texts in federal penitentiary libraries.”

Posted at 8:34 AM by Howard Bashman

“Biopsy cited in call for delaying prison; The ex-Qwest exec’s doctor says he’ll know Friday if the leg growth needs treatment”: This article appears today in The Denver Post.

Posted at 8:30 AM by Howard Bashman

“Prisoners of W–: Hold them forever; just don’t call them ‘enemy combatants.'” The Wall Street Journal contains this editorial today.

Posted at 8:07 AM by Howard Bashman

Commentary available online from FindLaw: Anthony J. Sebok has an essay entitled “The Day after Levine: Analyzing the Supreme Court’s Recent Ruling that FDA Approval of Label Warnings Does Not Preempt State Tort Law.”

And Julie Hilden has an essay entitled “How Easily Should Defamation Plaintiffs Be Able to Find Out the Identities of Anonymous Online Speakers From Internet Service Providers? The Maryland Court of Appeals Offers an Answer, But Ultimately, A Federal Resolution Is Needed.”

Posted at 7:44 AM by Howard Bashman