How Appealing



Saturday, December 26, 2009

“Oversight of Pa. judges is wrapped in secrecy; The Judicial Conduct Board, created to protect citizens from errant judges, is criticized as doing just the opposite”: This front page article appears today in The Philadelphia Inquirer.

Posted at 9:14 AM by Howard Bashman



Friday, December 25, 2009

“Determining Venue for Terror Trial Is a Case in Itself”: Saturday’s edition of The New York Times will contain an article that begins, “Since the government’s announcement that Khalid Shaikh Mohammed would be tried with others in Manhattan in connection with the 9/11 attacks, some lawyers and others have expressed skepticism that such a trial will ever be held in the city.”

Posted at 10:11 PM by Howard Bashman



Thursday, December 24, 2009

“New court ruling about eyewitness IDs delays murder case”: Today’s edition of The Salt Lake Tribune contains an article that begins, “Friday’s Utah Supreme Court decision essentially mandating expert testimony about the pitfalls of eyewitness identification has had an immediate impact.”

In coverage of that ruling, last Saturday’s edition of The Salt Lake Tribune reported that “Murder conviction nixed; Ruling to allow eyewitness experts’ testimony overturns guilty verdict.”

And last Saturday’s edition of The Deseret News reported that “High court orders new trial in S.L. murder case.”

You can access last Friday’s ruling of the Supreme Court of Utah at this link.

Posted at 8:27 AM by Howard Bashman



“Oklahoma Capitol to get monument; State lawmaker says Ten Commandments display could be up by summer”: The Oklahoman contains this article today.

Posted at 8:20 AM by Howard Bashman



“Schwarzenegger makes last plea to U.S. Supreme Court in prison case”: Howard Mintz has this article today in The San Jose Mercury News.

Posted at 8:19 AM by Howard Bashman



“Effort Begun to End Voting for Judges”: In today’s edition of The New York Times, John Schwartz contains an article that begins, “A group of judges, political officials and lawyers, led by the retired Supreme Court Justice Sandra Day O’Connor, has begun a campaign to persuade states to choose judges on the basis of merit, rather than their ability to win an election.”

Posted at 8:14 AM by Howard Bashman



Wednesday, December 23, 2009

“U.S. appeals court backs T.O. firm over Microsoft; Armed with ruling and $290 million (U.S.), i4i can now pursue other firms illegally using its software”: Today’s edition of The Toronto Star contains an article that begins, “Microsoft Corp. has lost an appeal against a small Toronto company in a patent fight that cost the world’s biggest software maker $290 million (U.S.) and forced it to alter its ubiquitous MS Word program.”

The Toronto Globe and Mail reports today that “In Microsoft battle, an upstart triumphs.”

Financial Times reports that “Microsoft loses appeal in $290m patent case.”

And law.com reports that “Federal Circuit Affirms $290 Million Judgment Against Microsoft; Microsoft fails to kill IP injunction over sales of its current version of Word.”

My earlier coverage of yesterday’s Federal Circuit ruling appears at this link.

Posted at 10:27 AM by Howard Bashman



“Canadian Rulings Revise Law on Libel”: Today’s edition of The New York Times contains an article that begins, “The Supreme Court of Canada released two decisions in libel suits against major newspapers on Tuesday that increase protections for journalists, bloggers and others in Canada, a country whose libel laws are unusually stringent.”

In today’s edition of The Toronto Globe and Mail, Kirk Makin reports that “Top court transforms press freedom with new libel defence; Updated law extends defence to new media.” The newspaper also contains an editorial entitled “A landmark for free speech.”

The Toronto Star reports that “Top court expands freedoms for media.” The newspaper also contains an editorial entitled “Rewriting our libel laws.”

The Ottawa Citizen contains an article headlined “Ruling a win for press freedom; Citizen victory widens protections against claims of defamation.”

The Canadian Press reports that “Supreme Court creates new public interest libel defence for press and bloggers.”

Reuters reports that “Supreme court gives media more libel protection.”

CBC News has a report headlined “New libel defence allowed: Supreme Court; 2 publications fighting $1.5M, $100K libel awards.”

These articles report on two separate rulings that the Supreme Court of Canada issued yesterday. You can access those rulings here and here.

Posted at 10:02 AM by Howard Bashman



“Federal Judge Declines to Dismiss Obscenity Case”: At “The BLT: The Blog of Legal Times,” Jordan Weissmann has a post that begins, “A U.S. district judge [Tuesday] refused to dismiss the Justice Department’s case against the owner of a major pornography studio, shooting down the defense’s argument that federal obscenity statutes are unconstitutional.”

And Mark Kernes of Adult Video News reports that “Judge Denies Stagliano Motion To Dismiss; No date yet set for further proceedings.” [Caution: Some images in the advertisements accompanying this article may be not safe for work.]

Posted at 7:54 AM by Howard Bashman



“Judge disallows ‘necessity defense’ in Tiller case; Judge Warren Wilbert also says the murder trial of Scott Roeder will stay in Wichita”: This article appears today in The Wichita Eagle.

Posted at 7:50 AM by Howard Bashman



“A Senate vote for courtesy”: The Washington Post today contains an editorial that begins, “Senators should show some goodwill for the holidays by approving pending executive and judicial nominations, some of which have languished for months.”

Posted at 7:48 AM by Howard Bashman



Tuesday, December 22, 2009

“Judge rejects ‘necessity defense’ in abortion case”: The Associated Press has a report that begins, “A judge ruled Tuesday that Kansas law doesn’t allow a so-called ‘necessity defense’ in the trial of a man charged with killing one of the nation’s few late-term abortion providers.”

Posted at 3:34 PM by Howard Bashman



“Pfizer Jury Said to Set Prempro Damages at $8 Million”: Bloomberg News has a report that begins, “Jurors said in 2007 that a Pfizer Inc. unit should pay more than $8 million in punitive damages to a woman who blamed the company’s menopause drugs for her breast cancer, according to people familiar with the sealed figure.”

Posted at 2:58 PM by Howard Bashman



“Court bans sale of Word; Microsoft has fix ready”: The Associated Press has a report that begins, “A federal appeals court ordered Microsoft Corp. to stop selling its Word program in January and pay a Canadian software company $290 million for violating a patent, upholding the judgment of a lower court.”

Bloomberg News reports that “Microsoft Must Alter Word or Stop Sales, Court Says.”

Reuters reports that “Microsoft loses Word appeal, will adjust program.”

And at the “Patently-O” blog, Dennis Crouch has a post titled “Appellate Court Enforces Permanent Injunction against Microsoft Word.”

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

Posted at 2:53 PM by Howard Bashman



“OPM defies order on same-sex benefits”: In today’s edition of The Washington Post, Joe Davidson’s “Federal Diary” column begins, “With logic only a lawyer — and perhaps only a government lawyer — could love, the Obama administration is refusing to obey a federal judge’s order that agrees with a position the administration supports.” (Via John Elwood at “The Volokh Conspiracy.”)

My most recent earlier coverage of this matter appears here.

Posted at 12:07 PM by Howard Bashman



“Appeals court rejects Ky. online hotel tax suit”: The Associated Press has a report that begins, “A federal appeals court has upheld the dismissal of a lawsuit in which Louisville and Lexington officials tried to collect taxes from hundreds of online hotel brokers such as Hotels.com.”

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

Posted at 11:52 AM by Howard Bashman



“Groups laud Cox in carp fight; AG takes bid to close Chicago-area locks to U.S. Supreme Court”: This article appears today in The Detroit News.

The Detroit Free Press reports today that “Cox suit aims to shut waterways; Response to carp too slow, he says.”

The Chicago Tribune contains an article headlined “Asian carp: Michigan asks Supreme Court to shut 2 corridors to Great Lakes; Great Lakes’ $7 billion fishing industry threatened, Michigan says.”

And The Christian Science Monitor reports that “Michigan asks US Supreme Court to act in Asian carp flap; Michigan’s attorney general takes aim at Illinois canal that, many worry, could be Asian carp’s entree to the Great Lakes; He petitioned the Supreme Court Monday to intervene quickly.”

Posted at 7:34 AM by Howard Bashman



“New Michigan Supreme Court rules may be unconstitutional”: Today in The Detroit News, Matthew Schneider has an op-ed that begins, “Imagine that Michigan voters elect Justices A and B to the state Supreme Court. The voters want A and B to decide cases. But suppose four other Justices think A and B might be biased. Over A and B’s strong objections, they ignore the voters and ban Justices A and B from deciding cases.”

Posted at 7:24 AM by Howard Bashman



Monday, December 21, 2009

“Public corruption a familiar theme for longtime jurist”: Yesterday in The Chicago Tribune, columnist John Kass had this op-ed about Justice John Paul Stevens.

Posted at 10:11 PM by Howard Bashman



“In Supreme Court Clerks’ Careers, Signs of Polarization”: In Tuesday’s edition of The New York Times, Adam Liptak will have this new installment of his “Sidebar” column.

Posted at 10:08 PM by Howard Bashman



“Cox taking fight against Great Lakes Asian carp to Supreme Court”: The Detroit News has an update that begins, “Michigan Attorney General Mike Cox is calling on the U.S. Supreme Court to flex its muscle in the fight to keep invasive Asian carp from Lake Michigan.”

The Detroit Free Press has a news update headlined “Cox takes Asian carp suit to Supreme Court.”

And The Associated Press reports that “Mich. files suit in US high court over Asian carp.”

Posted at 3:57 PM by Howard Bashman



“White Conn. firefighters seek back pay, damages”: The Associated Press has a report that begins, “A group of white New Haven firefighters who won a discrimination case before the U.S. Supreme Court are seeking back pay, damages and legal fees.”

Posted at 12:15 PM by Howard Bashman



“Cash gifts, liquid lunch — the case for impeachment”: The Associated Press has a report that begins, “It’s not the lifestyle of a typical federal judge: Five or six vodka cocktails during lunch; gambling with borrowed money; bankruptcy under a phony name, and cash, trips or home repairs from lawyers and a bail bondsman with business before his court. Witnesses in the congressional impeachment case against U.S. District Court Judge G. Thomas Porteous Jr. paint a jarring portrait of the former Louisiana state judge who was appointed to the federal bench in 1994 by President Bill Clinton.”

And over the past few weeks, The Times-Picayune of New Orleans has published articles headlined “Salary repayment suggestion is more sizzle than steak, observers of Thomas Porteous case say“; “Judge Thomas Porteous impeachment backed by 3 legal experts“; “Judge Thomas Porteous accused of bankruptcy fraud during impeachment hearing“; and “Bail bondsman testifies in hearing for Judge Thomas Porteous,” along with an editorial entitled “Judge Thomas Porteous was the bondsman’s cash cow.”

Posted at 10:07 AM by Howard Bashman



Sunday, December 20, 2009

“Judge delays Oklahoma plan to post abortion details online; An Oklahoma law would require women having an abortion to fill out an anonymous questionnaire, the results of which would be made public; A legal challenge to the law will be decided Feb. 19, a judge said Friday”: The Christian Science Monitor has this report.

Posted at 10:57 PM by Howard Bashman