How Appealing



Tuesday, September 22, 2009

“Death penalty upheld in ND college student slaying”: The Associated Press has a report that begins, “A federal appeals court on Tuesday upheld the death sentence of a convicted rapist for the 2003 kidnapping and killing of a University of North Dakota student in a case that led Minnesota and North Dakota to toughen their sex-offender laws.”

And The Grand Forks Herald has a news update headlined “Prosecutors: Glad, not surprised Rodriguez death sentence appeal denied.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.

Posted at 8:27 PM by Howard Bashman



“Abercrombie’s appeal in MOA autism case thrown out on mail glitch”: Today’s edition of The Minneapolis Star Tribune contains an article that begins, “Abercrombie & Fitch’s appeal of a $115,264 fine for discriminating against a disabled teenage customer was thrown out last week because the company failed to send a document by certified mail.”

And Minnesota Public Radio reports that “Abercrombie loses appeal in discrimination case.”

Posted at 5:35 PM by Howard Bashman



“Now pitching for Yankees: Justice Sotomayor.” The Associated Press has this report.

Joan Biskupic of USA Today has a news update headlined “MLB savior and judge Sotomayor to throw out ceremonial pitch.”

The New York Daily News has an update headlined “Supreme Court judge Sonia Sotomayor to throw out first pitch before Saturday’s Yankees, Red Sox game.”

MLB.com reports that “Yankees to welcome Sotomayor, Martinelli; Supreme Court justice, Panama prez to throw first pitches.”

And the New York Yankees today issued a press release headlined “Yankees Welcome United States Supreme Court Justice Sonia Sotomayor to Throw Out Ceremonial First Pitch as Part of Hispanic Heritage Month.”

My earlier coverage of U.S. Supreme Court Justices’ throwing out the first pitch at a major league baseball game can be accessed here, here, and here.

Posted at 5:20 PM by Howard Bashman



In the October 2009 issue of ABA Journal magazine: Richard Brust has the cover story headlined “No More Kabuki Confirmations: There are better ways to vet a Supreme Court nominee.”

David G. Savage has an article headlined “Sotomayor Takes Her Seat; First Amendment, legal advice cases on new term’s docket.”

Anna Persky Stolley has an article headlined “Shedding Tiers — Look out, Harvard: Seton Hall grad makes it to clerk status.”

And Mark Hansen has an article headlined “True Lies: Cutting-edge technology has renewed the search for a better lie detector; Some show promise, but they have yet to be tested in court.”

Posted at 5:04 PM by Howard Bashman



“Bank Sends Sensitive E-mail to Wrong Gmail Address, Sues Google”: At Wired.com’s “Threat Level” blog, Kim Zetter has a post that begins, “A Wyoming bank sent an e-mail containing sensitive customer data to the wrong Gmail account, and now wants Google to reveal the identity of the account holder who received the data.”

And Information Week reports that “Lawsuit Tied To Bank Gmail Error Can’t Be Secret, Judge Says; A lawsuit seeking to identify a Gmail user who accidentally received confidential bank information must proceed in public.”

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

Posted at 10:22 AM by Howard Bashman



“Court, 4-3, Upholds Paterson’s Appointment of Lieutenant Governor”: The “City Room” blog of The New York Times has a post that begins, “In a stunning reversal, New York State’s highest court on Tuesday upheld Gov. David A. Paterson’s authority to appoint a lieutenant governor. Though the decision was divided — four judges agreed that Mr. Paterson exercised proper authority while three said he did not — it was unambiguous in its affirmation of the governor’s authority.”

You can access today’s ruling of the Court of Appeals of New York — that State’s highest court — at this link.

Posted at 9:50 AM by Howard Bashman



“O’Connor urges W.Va. to stop electing judges”: The Charleston (W. Va.) Daily Mail contains this article today.

And The Associated Press has a report headlined “Appoint judges, O’Connor tells W.Va.

In somewhat related news, I’m in Huntington, West Virginia today to participate in a panel discussion at 2 p.m. eastern time titled “Blogging and the potential limits of the First Amendment” moderated by Chief Justice Brent D. Benjamin of the Supreme Court of Appeals of West Virginia.

The event will occur at Marshall University’s Joan C. Edwards Performing Arts Center and is open to the public. Scheduled as my co-panelists are Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press; Gene Policinski, vice president and executive director of the First Amendment Center at Vanderbilt University; Kevin Qualls, attorney and Professor of Media Law at Murray State University in Kentucky; and Dr. Corley Dennison, dean of Marshall University’s W. Page Pitt School of Journalism and Mass Communications.

According to this news release, “The panel discussion will be streamed live on Marshall University’s Web site and televised live [locally] on Comcast Channel 25.”

Posted at 8:03 AM by Howard Bashman



“States Can Sue Utilities Over Emissions”: This article appears today in The New York Times.

The Associated Press reports that “Pollution lawsuit against power companies revived.”

Reuters reports that “U.S. court reinstates emissions suit vs. utilities.”

And Dow Jones Newswires report that “US appeals court reinstates global warming lawsuits.”

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

Posted at 7:45 AM by Howard Bashman



“The Rights of Corporations”: Today’s edition of The New York Times contains an editorial that begins, “The question at the heart of one of the biggest Supreme Court cases this year is simple: What constitutional rights should corporations have?”

And The Boston Globe today contains an editorial entitled “Corporations aren’t people yet.”

Posted at 7:35 AM by Howard Bashman