How Appealing



Friday, April 26, 2013

“Boston bombing interrogation: Will prosecutors have a Miranda problem? The government has cited public safety in its decision to question Dzhokhar Tsarnaev, the alleged Boston Marathon bomber, for 16 hours before reading him his Miranda rights; Legal experts differ on whether that’s OK.” Ron Scherer of The Christian Science Monitor has this report.

And online at Slate, law professor Patrick Weil has a jurisprudence essay titled “Citizen Bomber: Why can’t Dzhokhar Tsarnaev be stripped of his citizenship? History.”

Posted at 10:22 PM by Howard Bashman



“N.J. Supreme Court toughens rule on experts in medical malpractice cases”: The Star-Ledger of Newark, New Jersey has an article that begins, “In a decision that could make it more difficult to sue for medical malpractice in New Jersey, the state Supreme Court ruled yesterday that doctors called as expert witnesses on a patient’s behalf must hold the same credentials as the physicians accused of making a mistake.”

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

Posted at 9:32 PM by Howard Bashman



“Appeals panel asks state Supreme Court to take up union bargaining law”: Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, “An appeals panel asked the state Supreme Court on Thursday to quickly take up a case over Gov. Scott Walker’s controversial law on collective bargaining, saying the high court should decide the issue without an appellate ruling on it.”

Posted at 9:25 PM by Howard Bashman



“Va. Supreme Court to hear Va. Tech appeal aimed at Steger”: The Associated Press has a report that begins, “In a reversal, the state Supreme Court has decided to hear arguments that Virginia Tech’s president should be put on trial for his actions during the 2007 campus massacre.”

Posted at 9:23 PM by Howard Bashman



“Trinity Students Meet Supreme Court Justice on D.C. Trip; Justice Samuel Anthony Alito, Jr., a former Trinity parent, answers students’ questions about U.S. Supreme Court”: The Caldwells Patch has this report.

Posted at 9:18 PM by Howard Bashman



“Tulsan whose criminal past took him to Supreme Court now charged in meth case”: Today’s edition of The Tulsa World contains this article.

Posted at 9:14 PM by Howard Bashman



“O’Connor questions court’s decision to take Bush v. Gore; In interview at Tribune, retired justice also calls for merit selection of judges”: This article will appear Saturday in The Chicago Tribune.

Posted at 8:50 PM by Howard Bashman



“Boston bombing case may take years to unfold”: Michael Doyle of McClatchy Newspapers has an article that begins, “Boston Marathon bombing suspect Dzhokhar Tsarnaev faces the prospect of a long and tortuous legal road.”

Posted at 8:12 PM by Howard Bashman



“Obama and the Myth of Arm-Twisting”: At the blog of The New York Review of Books, Elizabeth Drew has a post that begins, “The nonsense about what it takes for a president to win a victory in Congress has reached ridiculous dimensions.”

Posted at 7:25 PM by Howard Bashman



“In Executive’s Trade Secret Prosecution, a Company’s Outsized Role”: Vanessa Blum of The Recorder has an article that begins, “The trial of executive recruiter David Nosal for computer hacking and theft of trade secrets drew attention from many quarters.”

Posted at 7:20 PM by Howard Bashman



“Guantanamo Military Commissions: Lessons Learned and the Way Forward — A Book Discussion of ‘The Terror Courts,’ by Jess Bravin.” The American Society of International Law hosted this event (online video) yesterday.

Posted at 7:15 PM by Howard Bashman



Programming note: Today I will be attending a day-long continuing legal education course. As a result, additional posts will appear here this evening.

Posted at 6:33 AM by Howard Bashman



Thursday, April 25, 2013

“Iowa House conservatives want pay cut for justices in same-sex marriage decision”: The Gazette of Cedar Rapids, Iowa has this report.

Posted at 11:54 PM by Howard Bashman



“Va. Supreme Court justice crossed finish line minutes before blast”: CBS 6 WTVR in Richmond, Virginia has a report that begins, “A Virginia Supreme Court justice had a narrow escape running in the Boston Marathon.”

Posted at 11:52 PM by Howard Bashman



“What’s the Best Jury Size? The Supreme Court rejected math before, but it’s now possible to calculate the jurors and margins you need for justice.” Dana Mackenzie has this essay online at Slate.

Posted at 11:35 PM by Howard Bashman



“Fed appeals court won’t rule on secretive US agency’s decision to pull security clearance”: The Associated Press has a report that begins, “Decisions on whether to grant employees security clearance should be left up to the agencies assessing national security risks — not the courts — a federal appeals court ruled Thursday.”

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

Posted at 10:26 PM by Howard Bashman



“After Supreme Court GPS Ruling, Disparity in Lower Courts”: Todd Ruger has this post today at “The BLT: The Blog of Legal Times.”

Posted at 4:05 PM by Howard Bashman



“Justice Dept. appeals recess case to Supreme Court”: The Associated Press has this report.

And at “SCOTUSblog,” Lyle Denniston has a post titled “Recess appointments defended.” You can access the petition for writ of certiorari at this link.

Update: In other coverage, Lawrence Hurley of Reuters reports that “Obama asks Supreme Court to review appointments ruling.”

And at Politico.com, Tal Kopan has a blog post titled “Administration asks Supreme Court to overturn recess-appointments decision.”

Posted at 3:21 PM by Howard Bashman



“Appeals Court Ruling Favors Richard Prince in Copyright Case”: The New York Times has a news update that begins, “The United States Court of Appeals for the Second Circuit has decided largely in favor of the artist Richard Prince in a closely watched copyright case, which has broad implications for the contemporary art world.”

And at the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appropriation Artist Richard Prince Prevails Against Photographer at Appeals Court; In an important copyright ruling, the Second Circuit rules that most of the artist’s use of Patrick Cariou’s photographs was transformative.”

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

Posted at 1:24 PM by Howard Bashman



“Federal Judge Refuses to Dismiss Supermax Abuse Lawsuits; Mentally ill prisoners at America’s most famous prison win the day in court — but still have a long way to go to get the relief they’ve requested”: Andrew Cohen has this essay online at The Atlantic.

Posted at 1:18 PM by Howard Bashman



“Law Requiring Warrants for E-mail Wins Senate Committee Approval”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 1:17 PM by Howard Bashman



“State’s high court won’t review Fremont County fetus case”: Tuesday’s edition of The Pueblo Chieftain contained an article that begins, “The Colorado Supreme Court will not take up a Fremont County case that could have determined whether unborn fetuses are recognized as persons under Colorado law.”

Posted at 9:00 AM by Howard Bashman



“Korematsu and the dangers of waiving constitutional rights”: Columnist George F. Will has this op-ed in The Washington Post.

Posted at 8:55 AM by Howard Bashman



“Leach’s Supreme Court candidate list stirs ire in GOP quarters”: At the “Harrisburg Politics” blog of Philly.com, Amy Worden has a post that begins, “The ranking Democrat on the Senate Judiciary Committee did something no other lawmaker has done publicly: he offered the governor his list of ‘confirmable’ nominees for the Pennsylvania Supreme Court.”

Posted at 8:52 AM by Howard Bashman



“Woman ordered to remove veil to testify in rape case; No way to accommodate both religious beliefs and right to fair trial, judge says”: The Canadian Press has this report.

National Post has an article headlined “After years and a sharply divided supreme court decision, judge rules woman must remove niqab to testify.”

And today’s edition of The Toronto Globe and Mail contains an editorial titled “Removing the niqab is a bona fide requirement in court.”

Posted at 8:20 AM by Howard Bashman



“Nosal Found Guilty in Trade Secret Case”: Vanessa Blum of The Recorder has this report.

Bob Egelko of The San Francisco Chronicle reports that “Man convicted of stealing Korn/Ferry data.”

Bloomberg News reports that “Ex-Korn/Ferry Executive Convicted of Trade-Secret Theft.”

The Verge reports that “‘Hacker’ convicted by US court despite never hacking.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Exec Recruiter Nosal Convicted in Trade Secret Theft.”

Posted at 8:03 AM by Howard Bashman