How Appealing



Tuesday, September 28, 2010

“Diaz closer to confirmation for federal bench; Senate could vote this week on Charlotte judge’s appointment — if Democratic leaders push for it”: This article appears today in The Charlotte Observer.

And in today’s edition of The Washington Post, Attorney General Eric H. Holder Jr. has an op-ed entitled “Now vacant: A confirmation crisis in our courts.”

Posted at 7:20 PM by Howard Bashman



“Law school hosts 23rd Supreme Court preview”: This article appears in The Flat Hat, the student newspaper of the College of William and Mary.

Posted at 8:14 AM by Howard Bashman



“Judges toss evidence in former legislator’s case; Prosecutors will have harder time proving fraud”: The Anchorage Daily News today contains an article that begins, “Following the lead of the U.S. Supreme Court, a panel of judges from the 9th U.S. Circuit Court of Appeals has thrown out evidence that federal prosecutors hoped would prove that former Rep. Bruce Weyhrauch violated his duty to Alaskans.”

And Bloomberg News reports that “Ex-Alaska Lawmaker Weyhrauch Wins U.S. Ruling on Corruption Trial Evidence.”

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

Posted at 8:04 AM by Howard Bashman



“Securities Ruling Limits Claims of Fraud”: In today’s edition of The Wall Street Journal, Nathan Koppel and Ashby Jones have an article that begins, “The U.S. Supreme Court has given multinational companies a powerful new legal defense against fraud claims made by some of their investors.”

Posted at 7:40 AM by Howard Bashman



Monday, September 27, 2010

“Internet ruling that could ‘break the web’ among Supreme Court dockets”: Janice Tibbetts, justice and public safety reporter for Postmedia News (formerly known as Canwest), has an article that begins, “In its first direct look at the legal rules governing the Internet, the Supreme Court of Canada will consider this fall whether the common practice of hyperlinking can expose a writer to a lawsuit. The nine-member bench will also consider whether you can consent to sex when you’re voluntarily choked unconscious and whether the public has the right to know about the daily comings and goings of the prime minister. The cases are among two dozen appeals on a busy autumn docket, which gets underway next week following relatively sparse winter and spring terms.”

Posted at 10:33 PM by Howard Bashman



“West Virginia Justice Reverses Self, Recuses In Malpractice Case”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 10:23 PM by Howard Bashman



“Vacant Stares: Why don’t Americans worry about how an understaffed federal bench is hazardous to their health?” Dahlia Lithwick and Carl Tobias have this jurisprudence essay online at Slate.

Posted at 8:07 PM by Howard Bashman



“Appeals panel may reimpose stem-cell ban”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 5:00 PM by Howard Bashman



“Appeals court considers ban on stem cell research”: The Associated Press has a report that begins, “The Obama administration has told an appeals court that a judge’s order halting federal funding of stem cell research would result in destruction of valuable biological materials and set back taxpayer-funded work.”

Posted at 12:25 PM by Howard Bashman



Sunday, September 26, 2010

“Ruling on young, violent lifers puts Florida justice on the spot; A U.S. Supreme Court ruling banning life sentences for a class of violent juveniles has put Florida in a legal quandary when deciding the offenders’ new prison terms”: This article appears today in The Miami Herald.

Posted at 10:45 AM by Howard Bashman



“With friends like Judge Porteous’, who needs enemies?” Columnist James Gill has this essay today in The Times-Picayune of New Orleans.

Posted at 10:30 AM by Howard Bashman



Saturday, September 25, 2010

“Accelerant Was on Girls’ Beds, Witness Tells a Connecticut Jury”: This article appears today in The New York Times.

The Hartford Courant reports today that “Michaela Petit, 11, Doused With Accelerant, Detective Testifies; As Hayes Trial Continues, Lawyer For Co-Defendant Angers Victims’ Family With Courthouse Press Conference.” In addition, columnist Helen Ubinas has an essay entitled “Steven Hayes: Then And Now, The Face Of Evil.”

And The New Haven Register reports that “Petit family wants attorney held in contempt of court for violating gag order.”

Posted at 11:50 PM by Howard Bashman



“Fraud Cases Get Rehashed After Court Ruling”: In today’s edition of The Wall Street Journal, Michael Rothfeld has an article that begins, “Federal lawmakers and Justice Department officials are weighing new legislation to salvage a fraud statute used to pursue corporate and public corruption, as prosecutors grapple with the fallout of a Supreme Court ruling that weakened the law.”

Posted at 11:11 AM by Howard Bashman



“White House Defends Targeted Killing Program”: Today in The Wall Street Journal, Evan Perez has an article that begins, “The Obama administration sought Friday to block a lawsuit over the scope of its targeted killing program for suspected terrorists, in a case that challenges the government to define the limits of its global battlefield against extremists.” The newspaper has posted the federal government’s court filing online at this link.

In today’s edition of The New York Times, Charlie Savage reports that “State Secrets Cited in Effort by White House to Block Suit.”

The Washington Post has a news update headlined “Obama invokes ‘state secrets’ claim to dismiss suit against targeting of U.S. citizen al-Aulaqi.”

Pete Yost of The Associated Press has an article headlined “WH: lawsuit for cleric would reveal state secrets.”

Reuters reports that “U.S. urges judge to toss lawsuit over target killings.”

And CNN.com reports that “Obama administration seeks to dismiss al-Awlaki lawsuit.”

Posted at 10:56 AM by Howard Bashman



“Voters Moving to Oust Judges Over Decisions”: In today’s edition of The New York Times, A.G. Sulzberger has a front page article that begins, “After the State Supreme Court here stunned the nation by making this the first state in the heartland to allow same-sex marriage, Iowa braced for its sleepy judicial elections to turn into referendums on gay marriage.”

And The Des Moines Register reported yesterday that “Spending climbs on ads to vote out state judges.”

Posted at 10:45 AM by Howard Bashman



Friday, September 24, 2010

“New Recusal Controversy in West Virginia High Court”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 4:30 PM by Howard Bashman



“5th Circuit: Cheerleader can’t refuse to cheer.” Online at the First Amendment Center, David L. Hudson Jr. has a news analysis that begins, “A former Silsbee, Texas, high school cheerleader did not have a First Amendment right to refuse to cheer for a basketball player she claimed had sexually assaulted her, a federal appeals court panel has ruled.”

You can access last Thursday’s non-precedential ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

And in related news coverage from last week, “Former high school football star pleads guilty to assault in cheerleader case.”

Posted at 3:20 PM by Howard Bashman



“Immediate end to ‘don’t ask, don’t tell’ opposed”: Today in The Washington Post, Jerry Markon has an article that begins, “The Obama administration objected Thursday to immediately ending the military’s ban on openly gay service members, saying that an injunction to stop the ‘don’t ask, don’t tell’ policy might harm military readiness in a time of war.”

Today’s edition of The Press-Enterprise of Riverside, California reports that “Government defends ‘don’t ask, don’t tell.’

The Associated Press reports that “‘Don’t ask, don’t tell’ injunction now up to judge.”

Dan Levine of Reuters reports that “Obama seeks to curb ruling on gays in military.”

And at his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “W.H. on defense over ‘don’t ask’ suit stance.”

You can access yesterday’s court filing of the federal government by clicking here.

Posted at 10:14 AM by Howard Bashman



“Speech Hostile to Gays Constitutionally Unprotected, Speech Hostile to Whites Constitutionally Protected?” At “The Volokh Conspiracy,” law professor Eugene Volokh has a post that begins, “James E. Graves, Jr., a Mississippi Supreme Court Justice, has been nominated to serve on the U.S. Court of Appeals for the Fifth Circuit. The Senate Judiciary Committee will be considering his nomination at a hearing next Wednesday, September 29. And while I know only one small corner of Justice Graves’ work, I hope the Committee asks him a question about this corner.”

Posted at 10:05 AM by Howard Bashman