How Appealing



Tuesday, September 22, 2009

“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



Monday, September 21, 2009

“Former Supreme Court Justice discusses judicial reform in Morgantown”: West Virginia Public Broadcasting has a report that begins, “Sandra Day O’Connor attended a meeting about reforming the way West Virginia selects its Supreme Court Justices and other judges.”

Posted at 11:02 PM by Howard Bashman



“The Cert Pool: Sotomayor Joins It, Lawyers Attack It.” Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 10:20 PM by Howard Bashman



“Did lawyer crash courthouse groundbreaking photo? Judge said he’s mystified about why lawyer got into the shot.” Friday’s edition of The Austin American-Statesman contained this article.

Additional coverage is available in this post from “Above the Law.”

Posted at 7:50 AM by Howard Bashman



“WV Supreme Court set to hear cases in Huntington”: This article, in which I am mentioned, appears today in The Herald-Dispatch of Huntington, West Virginia. I’ll be traveling to Huntington later today in connection with an event titled “Blogging and the potential limits of the First Amendment,” scheduled for tomorrow afternoon. More details about the event can be accessed via this earlier post.

And in other news from West Virginia, “O’Connor to attend WVa judicial study meeting.”

Posted at 7:44 AM by Howard Bashman



“Complaint against lawyer McKenna winding through R.I. courts while penalties mushroom”: The Providence (R.I.) Journal today contains an article about the lawyer who, among other things, “unsuccessfully challenged then-Supreme Court Chief Justice Frank J. Williams’ right to lead the judiciary while also sitting on a military review panel set up to hear appeals by detainees at Guantanamo Bay.”

Posted at 7:40 AM by Howard Bashman



“Supreme Court case over firefighter promotion exam tests Westchester firm, founder; When New Haven, Conn., firefighters sued for alleged reverse discrimination, the test designed by Industrial/Organizational Solutions landed in the spotlight”: This article appeared yesterday in The Chicago Tribune.

Posted at 7:38 AM by Howard Bashman



“Supreme Court justice visits School of Law”: Today’s edition of The Daily Northwestern contains an article that begins, “Trading her black robe for a black shawl, Supreme Court Justice Ruth Bader Ginsburg shared her vast knowledge of American politics and legal lore at Northwestern Law School on Tuesday as part of the Howard J. Trienens Visiting Judicial Scholar program.”

And the law school’s web site contains a news release (featuring a video report) headlined “Ginsburg Holds Court: Ruth Bader Ginsburg talks about her life, the law and her hope for law students.” You can download the audio of Justice Ruth Bader Ginsburg’s question-and-answer session via this link (54.1MB mp3 audio file).

Posted at 7:35 AM by Howard Bashman



Sunday, September 20, 2009

“Leaks Questions Slow Reporter Shield Law”: Yesterday’s edition of The Washington Post contained an article that begins, “A congressional push to enact a federal shield law for journalists is being held up by disagreement with the Justice Department on how to deal with cases that involve leaked national security information, congressional and media sources say.”

Posted at 3:04 PM by Howard Bashman



“US lawyers defend letter of gay marriage ban”: Yesterday in The Boston Globe, Jonathan Saltzman and Martin Finucane had an article that begins, “Justice Department lawyers are reluctantly defending a law that bars the federal government from recognizing same-sex marriages, making their legal arguments in a Boston court while pointing out that the Obama administration opposes the measure.”

Posted at 2:57 PM by Howard Bashman



“Marshall University Panel to Ponder Blogging and the 1st Amendment; The discussion will look at when and how the First Amendment applies to people who blog”: WVNS-TV 59 of Beckley, West Virginia has this report previewing a panel presentation that I’ll be participating in on Tuesday in Huntington, West Virginia.

According to a Marshall University news release headlined “West Virginia Supreme Court of Appeals to convene at Marshall University as part of Constitution Week,” the panel presentation I’m participating in at 2 p.m. eastern time will take place “in the Joan C. Edwards Performing Arts Center and is open to the public” and will also be streamed live via the university’s web site.

Posted at 1:14 PM by Howard Bashman



Saturday, September 19, 2009

“Is a second execution attempt cruel and unusual? A lethal-injection team tried for about two hours to find a usable vein, then gave up; Romell Broom, a convicted rapist-murderer, says another try would be unconstitutional.” Carol J. Williams has this article today in The Los Angeles Times.

Posted at 2:44 PM by Howard Bashman



“Governor’s prison plan seeks more time to reduce inmate population; Schwarzenegger’s proposal is submitted to federal judges Friday evening, only hours before the deadline”: This article appears today in The Los Angeles Times.

Howard Mintz and Denis C. Theriault of The San Jose Mercury News report today that “Schwarzenegger’s prison reduction plan falls short of court order.”

Matthew Yi and Bob Egelko of The San Francisco Chronicle report that “State fails federal demand to cut prisoners.”

And The Sacramento Bee reports that “Governor files ‘good faith’ prisons plan.”

Posted at 2:40 PM by Howard Bashman



“Ruling May Weaken Doping Plans in Pro Sports”: The New York Times today contains a front page article that begins, “A federal court ruling has jeopardized the National Football League’s ability to enforce its drug-testing program and raised significant doubts about the programs of other professional sports in the United States.”

My earlier coverage of the Eighth Circuit’s ruling can be accessed here.

Posted at 2:33 PM by Howard Bashman



“Free Speech Battle Arises From Dog Fighting Videos”: Today in The New York Times, Adam Liptak has a front page article that begins, “The next great First Amendment battle in the Supreme Court concerns, of all things, dogfight videos.”

Posted at 2:20 PM by Howard Bashman



Friday, September 18, 2009