How Appealing



Wednesday, November 10, 2010

“Sex toy drive-thru: Alabama shop to offer window service.” Today’s edition of The Huntsville Times contains an article that begins, “Pleasures, a ‘one-stop romance shop’ that challenged Alabama’s ban on sex toys, has a new, unique claim to fame: It will feature three sex toy drive-thru lanes at its new University Drive location.”

Posted at 8:57 PM by Howard Bashman



“Justices Weigh Railroad Tax That Aids Alabama Schools”: Mark Walsh has this post at the “School Law” blog of Education Week.

Posted at 6:12 PM by Howard Bashman



“Attorney general says 9/11 trial decision is near”: The Associated Press has a report that begins, “Attorney General Eric Holder says the Obama administration is close to making a decision on where to hold a trial for professed 9/11 mastermind Khalid Sheikh Mohammed.”

And at his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “Holder: decision ‘close’ on 9/11 trial.”

Posted at 5:24 PM by Howard Bashman



“How obscene is video game violence? Common sense can keep gruesome offerings from kids; There is no need to reinterpret the First Amendment.” Ken Paulson, president of the First Amendment Center, had this op-ed yesterday in USA Today.

Posted at 3:35 PM by Howard Bashman



Third Circuit orders supplemental briefing in case challenging a federal court’s ability to certify nationwide state law indirect purchaser antitrust class actions for purposes of settlement: You can access today’s quite fascinating order of the en banc U.S. Court of Appeals for the Third Circuit at this link.

The original three-judge panel’s now-vacated ruling in the case can be accessed here. My earlier coverage of this case, in which I serve as appellate counsel for the objector whose arguments prevailed before the original three-judge panel, can be accessed here.

Today’s Third Circuit order appears to invite amicus briefs from parties interested in the sort of antitrust and federalism issues that this case presents. Already, since the time that the Third Circuit granted rehearing en banc, three Class Counsel-friendly amicus briefs have been filed. Last week, I submitted for filing in the Third Circuit this response to those amicus briefs.

Posted at 2:51 PM by Howard Bashman



“Bush: ‘The Wolves of Washington’ and the Roberts/Miers/Alito Nominations.” CBS News chief legal correspondent Jan Crawford has this post at her “Crossroads” blog.

Posted at 12:06 PM by Howard Bashman



“Another hearing in Abu-Jamal saga”: In today’s edition of The Philadelphia Inquirer, Nathan Gorenstein and Joseph A. Slobodzian have an article that begins, “Mumia Abu-Jamal’s latest chance to get off death row now depends on whether three federal appellate judges believe they can win a legal argument with the U.S. Supreme Court.”

The Philadelphia Daily News reports today that “Court hears arguments for Abu-Jamal resentencing.”

And Reuters reports that “U.S. court hears arguments over fate of death row inmate.”

Update: You can access the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit via this link (61.1MB Windows Media audio file).

Posted at 9:12 AM by Howard Bashman



“Dismissal of Keller’s rebuke stands, court rules”: In yesterday’s edition of The Austin American-Statesman, Chuck Lindell had an article that begins, “A special court of review on Monday declined to reconsider a decision to void an ethics rebuke given to Sharon Keller for her role in a botched execution-day appeal, apparently ending the case against Texas’ top criminal judge.”

And The San Antonio Express-News reported yesterday that “Panel does not change decision in Keller case.”

The “Tex Parte” blog has posted Monday’s order denying rehearing at this link.

Meanwhile, in related news, Chuck Lindell of The Austin American-Statesman reported last Friday that “Taxpayers not liable for Keller’s legal fees, court says.”

Posted at 9:06 AM by Howard Bashman



“Wiggins takes lead in state Supreme Court race”: The Seattle Times today contains an article that begins, “Bolstered by King County votes, Bainbridge Island attorney Charlie Wiggins took his first lead Tuesday in the state Supreme Court race and appeared headed for victory over state Supreme Court Justice Richard Sanders.”

Posted at 8:57 AM by Howard Bashman



Tuesday, November 9, 2010

“Top court hears kinky arguments”: Today’s edition of The Toronto Sun contains an article that begins, “Supreme Court judges may be I asking, ‘I went to law school for this?’ A case before the Supreme Court Monday asked whether someone can consent in advance to sexual activity that is to happen while they are unconscious.”

Posted at 10:16 PM by Howard Bashman



“Judge details rationale for halting anti-Shariah law measure”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 10:14 PM by Howard Bashman



“Sexing Citizenship: The Supreme Court should strike down an old citizenship law that discriminates against fathers.” Kristin Collins and Linda K. Kerber have this jurisprudence essay online at Slate.

Posted at 10:08 PM by Howard Bashman



“Supreme Court Weighs Whether Consumers Have Right to Class-Action Suits”: Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday’s edition of The Los Angeles Times, David G. Savage will have an article headlined “Supreme Court weighs whether consumers’ small suits can be combined.”

Robert Barnes of The Washington Post has a news update headlined “Supreme Court hears challenge on class-action arbitration suits.”

In Wednesday’s edition of The Wall Street Journal, Jess Bravin will have an article headlined “Justices Question Contracts That Block Class Actions.”

Joan Biskupic of USA Today has a news update headlined “Supreme Court hears case involving sales tax on ‘free’ cellphone.”

Greg Stohr of Bloomberg News reports that “Consumer Arbitration Case Divides U.S. Supreme Court.”

Bill Mears of CNN.com reports that “High court to decide dispute over taxes on ‘free’ cell phone.”

Tony Mauro of The National Law Journal has an article headlined “Class actions on the ropes? Not likely.”

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined “Can You Hear Them Now? The Supreme Court reads the fine print on your cell phone contract.”

Posted at 9:02 PM by Howard Bashman



“Wiggins takes lead in WA Supreme Court race”: The Associated Press has a report that begins, “Charlie Wiggins took a slim lead Tuesday over incumbent Justice Richard Sanders after trailing him for nearly a week of vote counting in the race for state Supreme Court.”

Posted at 8:54 PM by Howard Bashman



“Appeals court vacates ruling on mental retardation”: Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “The federal appeals court on Tuesday vacated its ruling that found unconstitutional the burden Georgia puts on capital defendants to prove they are mentally retarded — and thus ineligible for execution.”

You can access today’s order of the U.S. Court of Appeals for the Eleventh Circuit granting rehearing en banc at this link.

My earlier coverage of the original, now-vacated, divided three-judge panel’s ruling appears at this link.

Posted at 8:50 PM by Howard Bashman



“Extreme divide on terror issues”: At Politico.com, Josh Gerstein has a lengthy article that begins, “The intense focus on the differences between President Barack Obama and House Republicans on government spending and tax cuts has eclipsed the yawning gulf that separates Obama and the incoming House leadership on counterterrorism policy, Guantanamo and the use of civilian courts to try accused Sept. 11 plotter Khalid Sheik Mohammed and other terrorism suspects.”

Posted at 6:15 PM by Howard Bashman



“Court: No campaign finance limits for small groups.” The Associated Press has a report that begins, “A federal appellate court on Tuesday deemed unconstitutional Colorado’s voter-approved campaign reporting requirement for small groups promoting ballot initiatives, raising hopes that the ruling could be used to overturn similar requirements for issues groups across the country.”

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

Posted at 4:06 PM by Howard Bashman



“Court hears dispute over sales tax on ‘free’ phone”: Mark Sherman of The Associated Press has a report that begins, “The Supreme Court seemed wary about a business-backed challenge that could make it almost impossible for consumers to band together to make claims against their cell phone carriers, cable providers and credit card companies.”

You can access the transcript of today’s U.S. Supreme Court oral argument in AT&T Mobility LLC v. Concepcion, No. 09-893, at this link.

Earlier, today’s edition of The Philadelphia Inquirer previewed the case in an article headlined “Supreme Court to consider limits on class-action suits.”

Posted at 1:40 PM by Howard Bashman



“Hayes Sentenced To Death In Murders Of Petit Family; Jury Finds For Death On All Six Possible Death-Penalty Counts”: This article appears today in The Hartford Courant, along with an article headlined “Pleased With Verdict, Petit Faults Process.” In addition, columnist Helen Ubinas has an essay entitled “Justice, But No Closure.”

Today’s edition of The New Haven Register contains articles headlined “Dr. Petit: ‘Glad for the girls that there was justice,’ as Hayes sentenced to die” and “Hayes unlikely to be executed anytime soon,” along with an editorial entitled “Hayes death sentence just and appropriate.”

The New York Times contains articles headlined “Death Penalty for a Killer of 3 in Connecticut“; “With Appeals, an Execution, if It Happens, May Be Many Years Away“; and “Cheshire Case Jurors Speak on Death Verdict.”

The Wall Street Journal contains an article headlined “Death Penalty in Triple Killing.”

And USA Today reports that “Conn. man gets death sentence; 3 killed in 2007 home invasion.”

Posted at 10:15 AM by Howard Bashman



“US says it has legal authority to kill American-born Anwar al-Awlaki; An ACLU lawsuit is challenging the legality of including Anwar al-Awlaki on a secret ‘kill list’; The US says killing the cleric, an Al Qaeda member, would safeguard national security”: Warren Richey of The Christian Science Monitor has this report.

Posted at 8:26 AM by Howard Bashman



“Oklahoma Shariah Ban Is Blocked”: Jess Bravin has this article today in The Wall Street Journal.

Today’s edition of The Tulsa World reports that “Judge’s order halts certification of SQ 755.”

And The Oklahoman reports that “Leader says Oklahoma’s Muslim community is feeling backlash from Sharia law amendment; The executive director of the Oklahoma chapter of the Council on American-Islamic Relations said the Muslim community is seeing an increase in hate mail in the aftermath of the Sharia law amendment.”

Posted at 8:22 AM by Howard Bashman



“Plea for Execution Drug: Faced With Shortage of Anesthetic, Oklahoma Seeks Court Permission for New One.” In today’s edition of The Wall Street Journal, Nathan Koppel has an article that begins, “Oklahoma is preparing to argue in court next week that a drug used to euthanize animals can also be used to execute death row inmates amid a nationwide shortage of an anesthetic used in executions.”

Posted at 8:16 AM by Howard Bashman