How Appealing



Friday, September 18, 2009

“Signs From the High Court of a More Sensible Use of Appellate Rule 1925”: On Monday of this week, The Legal Intelligencer — Philadelphia’s daily newspaper for lawyers — published this month’s installment of my “Upon Further Review” column.

Because the column may be of interest to attorneys who handle appeals in Pennsylvania state courts, I’ve posted the text of the column at this link.

Posted at 12:11 PM by Howard Bashman



D.C. Circuit declares unconstitutional several new Federal Election Commission regulations that restrict how non-profits may spend and raise money to advance their preferred policy positions and political candidates: You can access today’s ruling, by a partially divided three-judge panel, at this link.

Posted at 10:35 AM by Howard Bashman



Thursday, September 17, 2009

“Burning Man fire victim’s suit goes up in smoke”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The state Supreme Court has refused to reinstate a lawsuit by a man who approached the flames at the Burning Man festival and got burned.”

Posted at 7:55 PM by Howard Bashman



“Bonds prosecutors seek to admit tests at trial”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A prosecutor in the Barry Bonds perjury case asked a federal appeals court Thursday to remove the government’s biggest obstacle to winning a conviction: the refusal of Bonds’ trainer to testify about drug tests that might show the former Giants star lied to a grand jury about steroid use.”

Howard Mintz of The San Jose Mercury News has an update headlined “Feds try to bolster Barry Bonds perjury case in appeals court.”

And The Associated Press reports that “Feds fight for key evidence against Bonds.”

The U.S. Court of Appeals for the Ninth Circuit has made available for download the audio of today’s oral argument via this link (4.76MB Windows Media audio file).

Posted at 7:30 PM by Howard Bashman



Wednesday, September 16, 2009

“Sotomayor Issues Challenge to a Century of Corporate Law”: Jess Bravin will have this article Thursday in The Wall Street Journal.

Posted at 9:58 PM by Howard Bashman



“Appeals court sends contractor’s case to court”: The Associated Press has a report that begins, “The case of a Texas woman who alleges she was gang-raped by co-workers while working for a military contractor in Iraq will go to court instead of arbitration, a federal appeals court ruled Tuesday.”

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

Posted at 10:05 AM by Howard Bashman



“Alabama Supreme Court upholds sex toy ban; Love Stuff plans to keep selling them”: This article appeared last Saturday in The Birmingham News.

The Associated Press has a report headlined “Alabama sex toy ban: Court rejects challenge.”

And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Devices ‘Useful Primarily for the Stimulation of Human Genital Organs’ Going to the Supreme Court?

You can access last Friday’s 7-2 ruling of the Supreme Court of Alabama at this link.

Posted at 8:52 AM by Howard Bashman



“Judges hear school case on searches”: Tuesday’s edition of The Newark (N.J.) Star-Ledger contained an article that begins, “In the ongoing struggle to protect students while respecting their privacy, the New Jersey Supreme Court heard arguments yesterday on whether principals may search students’ cars when they’re suspected of committing a crime.”

Posted at 8:45 AM by Howard Bashman



“Gableman ethics case hinges on defining lie; Panel will recommend dismissal of case or discipline of judge”: The Milwaukee Journal Sentinel has an article that begins, “The ethics case of state Supreme Court Justice Michael Gableman comes down to what constitutes a lie. Gableman is accused of lying about his opponent, then-Justice Louis Butler Jr., in a March 2008 TV ad. Gableman contends his ad was truthful and that under the First Amendment he can’t be held liable for incorrect inferences viewers might have taken from the ad.”

Posted at 8:30 AM by Howard Bashman



“Ignoring a Law on Foreign Relations”: Today in The New York Times, Charlie Savage has an article that begins, “The Justice Department has declared that President Obama can disregard a law forbidding State Department officials from attending United Nations meetings led by representatives of nations considered to be sponsors of terrorism.”

You can view the memo from the U.S. Department of Justice’s Office of Legal Counsel at this link.

Posted at 7:54 AM by Howard Bashman



“Microsoft, i4i Readying Fast-Track Appeal”: Mary Alice Robbins of Texas Lawyer has an article that begins, “Imagine preparing for an appeal of a $290 million judgment in a patent infringement case that requires an understanding of highly technical terms and concepts. Now imagine drafting briefs and getting ready to argue the case in about a month’s time.”

Posted at 7:44 AM by Howard Bashman



Tuesday, September 15, 2009

“Finance Case Renews Focus on Precedent: Roberts, Alito Pledged Deference; Activists After All?” Lawrence Hurley had this article yesterday in The Daily Journal of California.

Posted at 5:45 PM by Howard Bashman



In the news, and in Huntington, West Virginia one week from today: Today’s edition of The Herald-Dispatch of Huntington, West Virginia contains an article headlined “Marshall marking Constitution Week” in which I am mentioned.

As noted in the article, on the afternoon of Tuesday, September 22, 2009 I’ll be participating in a panel on the topic of “Blogging and the potential limits of the First Amendment,” moderated by Chief Justice Brent D. Benjamin of the West Virginia Supreme Court of Appeals.

Posted at 4:40 PM by Howard Bashman



“D.C. Circuit Orders Guantanamo Hearing Closed to Public”: Mike Scarcella has this post today at “The BLT: The Blog of Legal Times.”

Posted at 3:24 PM by Howard Bashman



“Judiciary Approves Free Access to Judges’ Workload Reports; Courtroom Sharing for Magistrate Judges”: The Administrative Office of the U.S. Courts issued this news release today.

Posted at 3:14 PM by Howard Bashman



“Va. Judge Nominated For Appeals Court; Alexandria Woman Is a Trailblazer”: Today in The Washington Post, Tom Jackman has an article that begins, “Virginia Supreme Court Justice Barbara Milano Keenan, a longtime Northern Virginian who has served at every level of the Virginia judiciary, was nominated by President Obama on Monday to serve on the U.S. Court of Appeals for the Fourth Circuit.”

The Virginian-Pilot reports today that “Va. Supreme Court justice nominated to U.S. Court of Appeals.”

The Associated Press reports that “Obama nominates Va. justice for appeals court.”

And at “The BLT: The Blog of Legal Times,” David Ingram has a post titled “Obama Picks Va. Supreme Court Justice for 4th Circuit.”

Yesterday, the White House issued a news release headlined “President Obama Nominates Justice Barbara Milano Keenan for United States Court of Appeals for the Fourth Circuit.”

And earlier this year, the University of Virginia School of Law posted online a news release headlined “Justices Describe Virginia’s Highest Court.”

Finally, in related commentary, law professor Carl Tobias has an op-ed entitled “Five Fourth Circuit Court openings need to be filled” published by McClatchy Newspapers and an essay entitled “Judge Andre Davis Should Be Elevated Now, and All the Fourth Circuit’s Seats Filled Soon” published by FindLaw.

Posted at 7:30 AM by Howard Bashman



Monday, September 14, 2009