How Appealing



Saturday, March 21, 2009

“Appeals panel upholds dismissal of school’s suit”: The Associated Press has a report that begins, “A federal appeals court upheld a lower court decision Friday that prevented a Christian school in Texas from joining the state’s athletic league for public schools.”

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

Posted at 9:54 AM by Howard Bashman



Friday, March 20, 2009

All five parts of Peter Robinson’s videotaped interview with Justice Antonin Scalia are now available for viewing online: The interview is divided into the following segments:

Part one: “Justice Antonin Scalia discusses the premise of his book, Making Your Case: The Art of Persuading Judges“;

Part two: “Justice Antonin Scalia explains why he believes the Constitution ‘is not living, but dead’“;

Part three: “Justice Antonin Scalia discusses why the originalists have lost so much ground to the devotees of a living Constitution“;

Part four: “Justice Antonin Scalia talks about Roe v. Wade — and other mistakes of the past 50 years“; and

Part five: “Justice Antonin Scalia fields questions about his career, his family, his opinions, his faith, his colleagues, his legacy, and the fate of the Constitution.”

The interview is a part of the “Uncommon Knowledge” series available online at NRO.TV.

Posted at 2:54 PM by Howard Bashman



“SCOTUSblog” requests “Please take our reader survey”: Finally, a law blog that cares about what its readers want, unlike here at “How Appealing,” where I try to remain blissfully ignorant. You can access the “SCOTUSblog” survey by clicking here.

Posted at 2:20 PM by Howard Bashman



“Judge Michel Offers Views on Federal Circuit Judicial Nominees”: Mike Scarcella has this post at “The BLT: The Blog of Legal Times.”

Posted at 12:24 PM by Howard Bashman



“Solving crimes using fingerprints is an inexact science; Although it is accepted that prints are unique, courts continue to have questions about using them to make IDs”: Jason Felch has this op-ed today in The Los Angeles Times.

Posted at 9:38 AM by Howard Bashman



“Pushing back the death penalty in New Mexico: In an act of courage, Gov. Bill Richardson repealed capital punishment in the state. Hopefully his decision will make it easier for other officials to follow their conscience.” This editorial appears today in The Los Angeles Times.

Posted at 9:37 AM by Howard Bashman



“Law for 90% tax rate could be hard to overturn; AIG employees who received bonuses may think they’re being targeted; But courts have long been reluctant to strike down tax legislation, legal experts say”: David G. Savage has this article today in The Los Angeles Times.

Posted at 9:34 AM by Howard Bashman



“Ex-senator improperly influenced other jurors; Appeals court rejects $900,000 civil award”: Today’s edition of The Newark (N.J.) Star-Ledger contains an article that begins, “A former state senator and lawyer serving as a jury foreman improperly swayed fellow jurors who awarded nearly $900,000 in damages to a woman who fell in a supermarket, a state appeals court ruled yesterday.”

And The Daily Record of Parsippany, New Jersey today contains an article headlined “Court: Ex-state senator Martin unduly influenced fellow jurors in lawsuit trial; $876K verdict against Wharton ShopRite tossed out.”

My earlier coverage of yesterday’s ruling appears at this link.

Posted at 9:29 AM by Howard Bashman



“Senate panel OKs Ind. nominee for AG role”: The Indianapolis Star today contains an article that begins, “The nomination of Hoosier lawyer Dawn Johnsen to be assistant attorney general for the Justice Department’s office of legal counsel was approved today by the Senate Judiciary Committee over the objection of Republicans.”

And at “The BLT: The Blog of Legal Times,” David Ingram has a post titled “Nominee for Office of Legal Counsel Moves Forward.”

Posted at 9:00 AM by Howard Bashman



“Justice accused of breaking court order; Complaint against Roberto Rivera-Soto issued by county official”: Today’s edition of The Newark (N.J.) Star-Ledger contains an article that begins, “A Hunterdon County assistant prosecutor has filed a complaint against Supreme Court Justice Roberto Rivera-Soto, charging him with violating a court order sealing the identity of an investigator who used a racial slur while discussing former NBA star Jayson Williams.”

Posted at 8:50 AM by Howard Bashman



“Obama Administration Sides With Wal-Mart Workers”: Bloomberg News has a report that begins, “The Obama administration sided with women suing Wal-Mart Stores Inc. for discrimination, urging a federal appeals court to let the current and former workers sue as a group and proceed with the biggest sex-bias case in U.S. history.”

And law.com reports that “EEOC Reverses Stance on Wal-Mart Class in Gender Bias Case.”

An eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit will hear reargument en banc of this case on Tuesday of next week.

You can view the amicus brief that the EEOC filed yesterday in the Ninth Circuit by clicking here. And the briefs filed in support of and in opposition to en banc review can be accessed at this link.

Posted at 8:10 AM by Howard Bashman



Thursday, March 19, 2009

“Irony Board: How many ways can Senate Republicans show intellectual hypocrisy?” Online at Slate, Dahlia Lithwick has a jurisprudence essay that begins, “Let’s stipulate: You hate our nominees, and we hate yours. Our nominees are all godless baby killers and terrorist lovers. Yours are all God-crazed rights suppressors and misogynists. Fine. But isn’t it also the case that when you reverse, rewrite, or undermine every rule and standard you’ve ever laid out for measuring the fitness of a presidential nominee, you become ridiculous–period?”

Posted at 7:55 PM by Howard Bashman



“Perdue joins Texas in voting rights case”: Today’s edition of The Atlanta Journal-Constitution has an article that begins, “Gov. Sonny Perdue has joined a Texas case headed for the U.S. Supreme Court, arguing that Barack Obama’s electoral performance in Georgia is proof that the state no longer needs the federal scrutiny required by the Voting Rights Act.”

Posted at 7:48 PM by Howard Bashman



“Court blocks rule allowing guns in national parks”: The Associated Press has a report that begins, “A federal judge has blocked a federal rule allowing people to carry concealed, loaded guns in national parks and wildlife refuges. A decision issued Thursday by U.S. District Judge Colleen Kollar-Kotelly overturns a rule issued in the waning days of the Bush administration.”

You can access at this link today’s ruling of the U.S. District Court for the District of Columbia.

Posted at 6:21 PM by Howard Bashman



“Lawyer on the Pre-emption Frontlines: Frederick Won Two Supreme Court Cases That May Shape Perception of Court’s 2008 Term.” Lawrence Hurley has this front page article today in The Daily Journal of California.

Posted at 6:00 PM by Howard Bashman



“Ex-senator’s role cited as court orders new trial in ShopRite fall case; Appeals court says bad rulings, Sen. Martin’s influence as jury foreman, require retrial”: The Daily Record of Parsippany, New Jersey has a news update that begins, “Citing multiple bad trial rulings and the improper influence that former state Sen. Robert Martin may have had as jury foreman, a state appeals court panel today ordered a new trial for a woman who was awarded $876,000 for a fall at the Wharton ShopRite in 2002.”

And the “Legal Profession Blog” has a post titled “Lawyer-Juror’s Article Leads To Reversal Of Judgment.”

You can access today’s ruling of the Superior Court of New Jersey’s Appellate Division at this link.

Posted at 3:35 PM by Howard Bashman