How Appealing



Friday, November 6, 2009

“Teacher Claims Fingerprinting Is ‘Mark of the Beast'”: At Wired.com’s “Threat Level” blog, David Kravets has a post that begins, “A 22-year veteran kindergarten teacher in the Texas Bible Belt could lose her job for refusing, on religious grounds, to give fingerprints under a state law requiring them.”

Posted at 8:33 AM by Howard Bashman



“Kennedy predicts ‘Carcieri fix’ bill might pass”: Today’s edition of The Providence (R.I.) Journal contains an article that begins, “Rep. Patrick J. Kennedy said Thursday that a bill to reverse a U.S. Supreme Court decision blocking special land status for the Narragansett Indian tribe could become law during this Congress.”

Posted at 8:23 AM by Howard Bashman



“Judge weighs dead woman’s right to cash”: The Boston Herald today contains an article that begins, “Whether a dead woman is entitled to loss-of-companionship damages 28 years after her daughter was murdered by mob monster James ‘Whitey’ Bulger is at the heart of a potential landmark decision by the city’s federal court.”

Posted at 8:22 AM by Howard Bashman



“Va. high court rules on Henrico wrongful-death suit”: Today’s edition of The Richmond Times-Dispatch contains an article that begins, “Parents have a broad duty to assure the welfare of a juvenile guest, even when harm comes to that guest from a third party outside the home. In a split decision yesterday, the state Supreme Court reinstated and sent back to Henrico County Circuit Court a wrongful-death case in which a 14-year-old guest died in a car crash.”

And The Associated Press reports that “Virginia court reinstates wrongful death suit.”

You can access yesterday’s ruling of the Supreme Court of Virginia at this link.

Posted at 8:17 AM by Howard Bashman



“Bill allowing taxpayer money for state Supreme Court races passes”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “Supreme Court candidates would get taxpayer money to run their campaigns, under a bill approved Thursday by the Legislature. Democrats said the bill would improve the tone of the increasingly nasty Supreme Court races by limiting the role of special interests, even while some advocates for campaign finance reform said it didn’t go far enough.”

And The Wisconsin State Journal reports today that “Wis. Senate OKs new election money for justices.”

Posted at 8:05 AM by Howard Bashman



“Supreme Court query puts Janet Napolitano on the spot”: At Politico.com, Josh Gerstein has an article that begins, “A simple query from the Supreme Court is forcing the Obama administration to wrestle with the limits of states’ authority to enforce immigration laws — and also is throwing an uncomfortable spotlight on Secretary of Homeland Security Janet Napolitano.”

Posted at 7:54 AM by Howard Bashman



“Death penalty foes rip Coakley for signing brief”: Today’s edition of The Boston Globe contains an article that begins, “Attorney General Martha Coakley, who says she is firmly against capital punishment, has drawn the ire of some death penalty opponents by urging the US Supreme Court to limit federal review of state court decisions, which opponents say could make it harder for defendants on death row to challenge their sentences.”

Posted at 7:52 AM by Howard Bashman



Available online from law.com: An article reports that “D.C. Court of Appeals Resurrects Cell Phone Radiation Cases; Cases target some of the biggest names in the wireless industry, who in turn have recruited a battery of big-name defense firms.” You can access last week’s ruling of the District of Columbia Court of Appeals at this link.

An headlined “Expect Calif. Same-Sex Marriage Case to Stay Two-Party Affair” reports on an appeal argued Wednesday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

And in other news, “Law School Professor Withdraws Suit Against Legal Blog.”

Posted at 7:33 AM by Howard Bashman



“Catholics angered by S.F. supes win new hearing”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A federal appeals court granted a Catholic advocacy group’s request Thursday for a new hearing on whether San Francisco expressed official hostility to religion in 2006 when the Board of Supervisors denounced a Vatican order to Catholic Charities not to place children with same-sex couples for adoption.”

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

My earlier coverage of the now-vacated three-judge panel’s ruling, which issued in June 2009, can be accessed here.

Posted at 7:22 AM by Howard Bashman



Thursday, November 5, 2009

“New Hampshire Suit Challenges Mortgage Blogger’s Use of Anonymous Sources”: The “E-Media Tidbits” blog at Poynter Online has a post that begins, “The New Hampshire Supreme Court heard oral arguments Wednesday in a lawsuit that calls into question the legal protections available to independent Web sites that cover news.”

Posted at 10:22 PM by Howard Bashman



“2 N.C. judges nominated for 4th Circuit; Albert Diaz of Charlotte and Jim Wynn of Cary, both with military ties, could make appeals court less conservative”: This article appears today in The Charlotte Observer.

Posted at 10:18 PM by Howard Bashman



“Gun storage law defended in state’s highest court”: The Boston Globe has a news update that begins, “The Middlesex district attorney’s office argued today in the state’s highest court that a state law that requires guns to be stored in locked containers or outfitted with trigger locks is valid. But the attorney for a Billerica man charged with keeping a gun in an unlocked carrying case said the law should be negated by a recent decision of the US Supreme Court.”

And The Associated Press reports that “Supreme Judicial Court hears challenge to Mass. law that requires guns to be locked in homes.”

Posted at 8:40 PM by Howard Bashman



“Posting deputy by defendant is OK, court rules”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A judge did not violate an Oakland man’s right to a fair trial on sex and drug charges by placing a sheriff’s deputy near him when he testified, the state Supreme Court ruled Thursday.”

You can access today’s ruling of the Supreme Court of California at this link.

Posted at 8:33 PM by Howard Bashman



“We Can’t Execute Them: But should we lock up teens for life?” Dahlia Lithwick will have this essay in the November 16, 2009 issue of Newsweek.

Posted at 8:22 PM by Howard Bashman



Ninth Circuit considers whether to finally hold a super-duper en banc rehearing: Law professor Orin Kerr has the details in this post at “The Volokh Conspiracy.” As the post notes, if Orin’s computer crime casebook were a Ninth Circuit judge in regular active service, it would vote “yes.”

Posted at 6:18 PM by Howard Bashman



By a vote of 7-4, the en banc Ninth Circuit announces a “newly stated ‘abuse of discretion’ test”: And apparently it’s even more difficult to satisfy than the “abuse of discretion” test that it replaces, which, according to the majority, provided “no effective limit on our power to substitute our judgment for that of the district court.”

You can access today’s en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 2:52 PM by Howard Bashman



“Defense Lawyers in Wone Case Seek to Exclude Uncharged Conduct”: Mike Scarcella has this post at “The BLT: The Blog of Legal Times.”

Posted at 2:30 PM by Howard Bashman



“Comment decision in high court’s hands”: Today’s edition of The Nashua Telegraph contains an article that begins, “The New Hampshire Supreme Court heard arguments Wednesday in a free-speech case that calls into question whether media outlets can protect the identities of anonymous online commenters. The case also has potentially broad implications in determining who constitutes the media in an Internet age that has blurred the line between traditional news outlets and bloggers or citizen journalists.”

Posted at 8:07 AM by Howard Bashman



“$2.3 million or $800,000 the question in court; Justices consider whether new law applies to contingency fee”: Today’s edition of The Las Vegas Review-Journal contains an article that begins, “A voter initiative that fundamentally altered medical malpractice litigation in Nevada was the basis of an appeal heard last week by a panel of Nevada Supreme Court justices.”

Posted at 7:58 AM by Howard Bashman



“Former NM high court chief dies during speech”: The Associated Press has a report that begins, “Former state Supreme Court Chief Justice Gene Franchini has died while addressing first-year law students at the University of New Mexico. KOB-TV reported that Franchini was giving his annual speech on ethics and the role of a judge Wednesday evening when he collapsed.”

And KOB-TV reports that “Former state Chief Justice dies giving lecture at UNM.”

Posted at 7:52 AM by Howard Bashman



“Butler faces pointed queries at confirmation hearing”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “Judge Louis Butler was ready with a quip at his judicial confirmation hearing Wednesday when a Republican senator asked him about losing two elections for Wisconsin Supreme Court.”

Posted at 7:48 AM by Howard Bashman



“Justices, in Aftermath of 2 Murder Cases, Hear Claims of a Process Gone Wrong”: Adam Liptak has this article today in The New York Times.

Today in USA Today, Joan Biskupic has an article headlined “High court weighs lawsuits against prosecutors; Roberts: Claims could have a ‘chilling effect.’”

The Omaha World-Herald reports today that “Court weighs legal shield.”

The Des Moines Register reports that “Court reviews Iowa prosecutors’ immunity.”

law.com’s Tony Mauro reports that “High Court Justices Weigh Tradition of Prosecutorial Immunity Against Potential Civil Rights Violations.”

And the web site of Time magazine has an article headlined “When Is It Legal To Frame A Man For Murder?”

Posted at 7:33 AM by Howard Bashman