How Appealing



Wednesday, July 14, 2010

“Should boy born 3 years after dad’s death get Social Security? In a highly unusual case, the Utah Supreme Court is considering the rights of a child born to a man who died three years earlier.” The Salt Lake Tribune contains this article today.

Posted at 8:11 AM by Howard Bashman



Tuesday, July 13, 2010

“Gildea and Stras sworn in as a member of the nation’s high court watches”: Minnesota Public Radio has this report, which contains audio links to the remarks at the ceremony,

At Politico.com, Ben Smith’s blog yesterday had a post titled “Thomas clerk takes Minnesota seat.”

The St. Paul Pioneer Press reports today that “New Supreme Court Chief Justice Lorie Gildea says she’ll fight against partisan judicial elections and for better court funding; Lorie Gildea makes it clear that she will be a vocal force in her new post as chief justice of Minnesota’s high court.”

And the “MinnLawyer Blog” yesterday had a post titled “Justice Thomas at Landmark Center for Stras investiture.”

Posted at 4:28 PM by Howard Bashman



“Young detainee declined U.S. deal, declares boycott; A Canadian facing a life sentence wouldn’t trade five more years at Guantanamo for a guilty plea in war crimes case”: Carol Rosenberg has this article today in The Miami Herald.

Posted at 3:30 PM by Howard Bashman



“NYC court tosses US fleeting expletives policy”: The Associated Press has a report that begins, “A federal appeals court on Tuesday found that a government policy that can lead to broadcasters being fined for allowing even a single curse word on live television is unconstitutionally vague.”

Jim Puzzanghera of The Los Angeles Times has a news update headlined “FCC indecency rule struck down by appeals court; A three-judge panel in New York says a rule on unscripted expletives on live broadcast TV and radio creates a ‘chilling effect’ in violation of the 1st Amendment; The ruling is a major victory for broadcast networks.”

And Bloomberg News reports that “U.S. Appeals Court Strikes Down FCC Indecency Policy.”

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

Posted at 2:17 PM by Howard Bashman



“Live From New Haven: The Potter Stewart Papers.” Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 11:54 AM by Howard Bashman



Second Circuit decides various constitutional challenges to provisions of Connecticut’s Campaign Finance Reform Act: A single three-judge Second Circuit panel has issued two separate opinions addressing two separate challenges, and you can access those rulings here and here.

Update: In coverage of the rulings, The Hartford Courant has a news update headlined “U.S. Appeals Court Upholds, Rejects Parts Of State Campaign Law.”

And The Associated Press reports that “Court tosses part of Conn. campaign funding law.”

Posted at 11:03 AM by Howard Bashman



U.S. Court of Appeals for the Third Circuit vacates settlement of De Beers diamonds antitrust class action: The ruling has not yet been posted to the Third Circuit’s web site, and thus I have uploaded a copy to this link.

I argued this appeal on January 28, 2010 on behalf of class member-objector Susan M. Quinn, the only objector from whom the Third Circuit heard oral argument. Today, Third Circuit ruled that the settlement must be set aside based on the objections that Ms. Quinn has raised. The audio of the oral argument can be accessed via this link (37.7MB Windows Media audio file).

A Wikipedia entry titled “De Beers Diamonds Antitrust Litigation” provides a bit more background about the case.

Update: The Third Circuit’s ruling is now available from that court’s web site at this link.

Posted at 10:34 AM by Howard Bashman



Monday, July 12, 2010

“Porn Producer Fighting Rare Obscenity Case; Justice Department’s case against John Stagliano tests obscenity law”: Mike Scarcella of The National Law Journal has this report.

And Mark Kernes of AVN News reports that “Stagliano Jury Chosen.”

Posted at 10:05 PM by Howard Bashman



Not lowering expectations: The home page of the web site of the U.S. Court of Appeals for the Federal Circuit now features the following announcement:

Federal Circuit to Debut New Web Site

The Court of Appeals for the Federal Circuit will debut its new web site on Thursday, July 15, 2010. The new site features an elegant interface, enhanced search capabilities for opinions, orders and oral arguments, and Web 2.0 functionality such as RSS feeds.

It will be interesting to see what qualifies as “an elegant interface” with respect to the web site of a federal appellate court.

Posted at 12:14 PM by Howard Bashman



“The Post-Gender Justice”: Online at The New Republic, Naomi Schoenbaum has an essay that begins, “The past few months have seen plenty of commentary about Elena Kagan’s status as one of only a few women ever nominated to the Supreme Court.”

Posted at 8:45 AM by Howard Bashman



“New ruling suggests high court may uphold health care law”: Today in The Chicago Sun-Times, Abdon M. Pallasch has an article that begins, “A little-noticed case decided by the U.S. Supreme Court this term could signal a willingness by conservative justices to accept President Obama’s health-care plan as constitutional, according to a University of Chicago law professor.”

Posted at 8:44 AM by Howard Bashman



“Khadr decision to fire lawyers throws hearings into doubt; Canadian charged with terrorism could opt reject his defence team’s attempt to suppress evidence”: This article appears today in The Toronto Globe and Mail.

In today’s edition of The Miami Herald, Carol Rosenberg reports that “Young captive could defend himself; Can a terror suspect who was captured as a teen and has spent a third of his life at Guantanamo be his own attorney? The war court will decide.”

And Saturday’s edition of The New York Times reported that “Pentagon Ends Guantanamo Reporters’ Ban.”

Posted at 8:40 AM by Howard Bashman



Sunday, July 11, 2010

“With Supreme Court deadlocked, commission drops Gableman ethics case; Wisconsin judicial panel says decision doesn’t exonerate justice”: Friday’s edition of The Milwaukee Journal Sentinel contained this article.

Posted at 10:34 PM by Howard Bashman



“Chicago gun law may not be bulletproof; Some legal experts unsure parts of new firearms ordinance can survive”: This article appears today in The Chicago Tribune.

Posted at 10:32 PM by Howard Bashman



Friday, July 9, 2010

“Judge slashes penalty in illegal music downloading case”: Jonathan Saltzman of The Boston Globe has a news update that begins, “In a major setback for the recording industry, a federal judge in Boston today slashed a $675,000 damages award that a Boston University graduate student was ordered to pay four record labels for illegally downloading 30 songs and sharing them online.”

And The Associated Press reports that “Boston judge cuts penalty in song-sharing case.”

You can access today’s ruling of the U.S. District Court for the District of Massachusetts at this link.

Posted at 11:18 PM by Howard Bashman



“Kagan skewers Japanese internment ruling”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 3:58 PM by Howard Bashman



“Feds want court to take another look at Vince Fumo’s sentence”: The Philadelphia Daily News today contains an article that begins, “Federal prosecutors alleged in a 281-page brief submitted yesterday to the U.S. Court of Appeals in Philadelphia that a federal judge made ‘numerous errors’ when he handed down ‘unduly lenient’ sentences for former state Sen. Vince Fumo and onetime aide Ruth Arnao.”

The Philadelphia Inquirer reports today that “Feds seek longer Fumo sentence.”

And The Associated Press reports that “Feds appeal sentence of powerful ex-Pa. Sen. Fumo.”

For the record, the federal government’s appellate brief is only 281 pages long if you count the brief’s cover page, the tables of contents and authorities, and the certificates following the conclusion of the brief. If those materials are omitted, the brief is a mere 268 pages long.

Posted at 3:57 PM by Howard Bashman