How Appealing



Wednesday, July 22, 2009

“State cleared to clamp down on nude beaches”: Yesterday in The San Francisco Chronicle, Bob Egelko had an article that begins, “Keep that towel handy. California parks officials can enforce a ban on nudity at any state beach, even in areas that have been informally designated as ‘clothing optional,’ a state appeals court says.”

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

Posted at 11:30 PM by Howard Bashman



“GOP’s Lindsey Graham says he’ll vote ‘yes’ on Sotomayor”: David Lightman of McClatchy Newspapers has this report.

The Miami Herald reports today that “Gov. Charlie Crist says he opposes Sonia Sotomayor; After avoiding the question for weeks, Gov. Charlie Crist, who is running for the Senate, said he opposes the confirmation of Supreme Court nominee Sonia Sotomayor.”

And today in The Washington Post, Dana Milbank’s “Washington Sketch” column is headlined “Why Do Today What Can Be Put Off for a Week?

Posted at 11:15 PM by Howard Bashman



“For Holder, Inquiry on Interrogation Poses Tough Choice”: Today’s edition of The New York Times contains a news analysis that begins, “As the attorney general, Eric H. Holder Jr., debates whether to appoint a criminal prosecutor to investigate the interrogations of terrorism suspects after the attacks of Sept. 11, 2001, he is at the brink of a career-defining decision that risks the anger of the White House and the Central Intelligence Agency, one of the Justice Department’s main partners in combating terrorism.”

Posted at 10:44 PM by Howard Bashman



“The Bush Judicial Legacy, By the Numbers”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”

Posted at 9:08 PM by Howard Bashman



“Author of Torture Memos Pranked in Classroom”: Kim Zetter has this post at Wired.com’s “Threat Level” blog.

Posted at 4:12 PM by Howard Bashman



“[T]he law was sufficiently clear to inform a reasonable officer that it was unlawful to Taser a nonviolent, suspected misdemeanant who was not fleeing or resisting arrest, who posed little to no threat to anyone’s safety, and whose only noncompliance with the officer’s commands was to disobey two orders to end her phone call to a 911 operator”: So holds the U.S. Court of Appeals for the Eighth Circuit in a ruling issued today.

Posted at 3:52 PM by Howard Bashman



Second Circuit holds that computer hacking may be “deceptive” under Section 10(b) of the Securities Exchange Act where the hacker obtains material, nonpublic information used to trade securities: Today’s ruling rejects the district court’s reasoning that a breach of a fiduciary duty is necessary for an actionable securities claim under Section 10(b).

Instead, today’s ruling holds that a breach of a fiduciary or similar duty is not necessary, and that some forms of computer hacking by non-fiduciaries are plainly “deceptive” under Section 10(b), irrespective of a breach of duty.

Posted at 3:37 PM by Howard Bashman



“Va. Special Session Called to Address Testimony Ruling”: The Washington Post has a news update that begins, “Virginia Gov. Timothy M. Kaine (D) announced Wednesday morning that he is convening a special session of the General Assembly to respond a U.S. Supreme Court ruling that prosecutors say will lead to more dismissed cases, and has already resulted in some drunk driving cases being thrown out.”

Posted at 1:38 PM by Howard Bashman