How Appealing

Saturday, January 13, 2007

"Chief Justice: Judges' pay, courthouses need upgrade; Salaries near U.S. lowest; computer system from 1980s." This article appears today in The Salem (Ore.) Statesman Journal.
Posted at 08:32 PM by Howard Bashman


"Maine blogger gains seat at major trial": The Portland (Me.) Press Herald today contains an article that begins, "Maine political blogger Lance Dutson will cover next week's Scooter Libby trial on perjury and obstruction of justice charges, joining the first group of bloggers to receive credentials to a federal court trial."
Posted at 08:30 PM by Howard Bashman


"Democrats may push to shutter war prisons; Party leaders say they'll cut funding": This article appears today in The Boston Globe.
Posted at 03:55 PM by Howard Bashman


"They've Got Mail: It might be yours." The Washington Post today contains an editorial that begins, "Is the federal government opening citizens' mail without obtaining warrants? Was a statement that was quietly issued when the president signed an obscure Postal Service reform bill last month a new assertion of power by the administration to engage in such warrantless searches? The answer to both these questions is disturbingly unclear."
Posted at 03:50 PM by Howard Bashman


"Hoping To Avoid Landmark Ruling; High Court Removes Obstacles But Sidesteps Subpoena Issue - For Now": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Former Chief Justice William J. Sullivan may testify voluntarily before the legislature's judiciary committee, but the landmark constitutional battle over whether his testimony can be forced by legislative subpoena remains very much a live issue."
Posted at 03:35 PM by Howard Bashman


"Absolut Power: The real reason the Bush administration won't back down on Guantanamo." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 03:25 PM by Howard Bashman


"Trial of terror suspect Padilla delayed until April; The trial of terror suspect Jose Padilla, which was scheduled to start later this month, is being postponed until April": This article appears today in The Miami Herald. The article begins, "A Miami judge on Friday postponed the nation's most prominent terror trial from later this month to April because of numerous unresolved issues -- including the question of Jose Padilla's competence to assist in his defense."
Posted at 03:20 PM by Howard Bashman


"Doctor's Killer Tries to Make Abortion the Issue": The New York Times contains this article today.

This past week, The Buffalo News has published related articles headlined "Kopp's own words work against him during trial"; "Jury hears Kopp saying he killed Slepian"; "Kopp begins with apology to victim's widow; Confessed Killer Asks No Questions": and "Round Two for James Kopp: Anti-abortion activist goes on trial again this week for the sniper death of an Amherst abortion provider."
Posted at 03:15 PM by Howard Bashman



"Military Expands Domestic Surveillance": This article will appear Sunday in The New York Times.
Posted at 02:57 PM by Howard Bashman


"Stormy Outlook as Gonzales Faces Senate Democrats": The New York Times today contains an article that begins, "Attorney General Alberto R. Gonzales, who has faced controversy throughout his two-year tenure, is likely to enter an even stormier phase next Thursday when he appears before the Senate Judiciary Committee for the first time since control fell to the Democrats."
Posted at 01:54 PM by Howard Bashman


"Pentagon Remark on Detainees Stuns Legal Experts": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 01:50 PM by Howard Bashman


"Round Up the Usual Lawyers": The New York Times today contains an editorial that begins, "No one who has followed President Bush's policies on detainees should be surprised when a member of his team scorns American notions of justice. But even by that low standard, the administration's new attack on lawyers who dare to give those prisoners the meager representation permitted them is contemptible."
Posted at 01:45 PM by Howard Bashman


"John Grisham Faces Real Court Room Drama": The Associated Press provides a report that begins, "Best-selling author John Grisham and a couple he knows must answer allegations that they deliberately caused a woman's emotional problems by accusing her of sending them anonymous letters, the Virginia Supreme Court ruled Friday."

You can access yesterday's ruling of the Supreme Court of Virginia at this link.
Posted at 11:20 AM by Howard Bashman



Is the federal DNA Analysis Backlog Elimination Act of 2000 unconstitutional? The law requires the United States Probation Office to collect a DNA sample from any probationer, parolee, or supervised releasee "who is, or has been, convicted of a qualifying offense."

Yesterday, Circuit Judge Harry Pregerson dissented from the Ninth Circuit's ruling that the law is not unconstitutional. In Judge Pregerson's view, "the DNA Act exceeds Congress's power under the Commerce Clause."

And on Monday of this week, U.S. District Judge William G. Young of the District of Massachusetts issued a lengthy and interesting decision holding that the DNA Act violated the Fourth Amendment rights of a man sentenced to probation for having committed the federal offense of theft of public property.
Posted at 11:15 AM by Howard Bashman



"Mount Soledad cross case appeal by city dismissed; Fine is ruled moot: U.S. controls land": The San Diego Union-Tribune today contains an article that begins, "A federal appeals court dismissed the city of San Diego's appeal yesterday of a now-irrelevant $5,000 per day fine imposed by a federal judge in May in the legal fight over the Mount Soledad cross. In a brief ruling, a three-judge panel of the 9th U.S. Circuit Court of Appeals said the city's appeal was moot because it no longer controls the land that the La Jolla landmark sits atop."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:57 AM by Howard Bashman



Sixth Circuit deals knock-out blow to Ohio punch-card voting lawsuit: An order that the Sixth Circuit issued on December 1, 2006 in Stewart v. Blackwell noted that the parties were in agreement that the case, in which the Sixth Circuit had previously granted rehearing en banc, had become moot.

Yesterday, the Sixth Circuit issued an order vacating the district court's judgment and instructing that the case be dismissed as moot. Election Law @ Moritz provides access to earlier court filings in the case via this link. Law Professor Rick Hasen's "Election Law" blog covered the Sixth Circuit's earlier grant of rehearing en banc in the case at this link. My earlier coverage of the case can be accessed here and here.
Posted at 10:44 AM by Howard Bashman



"The plaintiffs-appellees are eleven Indonesian villagers from Aceh who allege that Exxon's security forces committed murder, torture, sexual assault, battery, false imprisonment, and other torts." Yesterday, a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a decision denying Exxon's petition for writ of mandamus seeking to dismiss plaintiffs' remaining claims as non-justiciable political questions.

Circuit Judge David B. Sentelle wrote the majority opinion, in which Senior Circuit Judge Harry T. Edwards joined. Circuit Judge Brett M. Kavanaugh dissented, explaining that "In light of the precedents of the Supreme Court and this Court, and the State Department's reasonable explanation of how this lawsuit would harm U.S. interests, I would grant the petition for a writ of mandamus and order dismissal of the complaint as a non-justiciable political question."
Posted at 10:28 AM by Howard Bashman



"Justice Dept. Concealing Leak Report": The Associated Press provides an article that begins, "The Justice Department is fighting in court to keep secret a government report concluding that it leaked confidential and damaging information against a former prosecutor accused of bungling a high-profile terror trial." You can view the heavily-redacted leak report at this link.
Posted at 10:05 AM by Howard Bashman


"Suit Against Times to Be Tossed Out": The Washington Post today contains an article that begins, "A federal judge said yesterday that he will throw out -- for the second time -- the defamation lawsuit a former Army scientist filed against the New York Times Co. over columns that he contends blamed him for the 2001 anthrax attacks."
Posted at 10:04 AM by Howard Bashman


"Abortion amendment challenged; State fights federal regulation that could cost it $37 billion": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A state lawyer urged a judge Friday to head off a collision between California health laws and a federal anti-abortion amendment that could cost the state a ruinous $37 billion in funding if it penalized doctors or hospitals for refusing to perform emergency abortions."

And the Bay City News Service reports that "California asks U.S. judge to allow it to keep $37 billion."
Posted at 09:03 AM by Howard Bashman



"Judge Apologizes": Will Evans of the Center for Investigative Reporting provides a report that begins, "A federal judge identified by the Center for Investigative Reporting for making campaign contributions while on the bench has apologized for violating the judicial code of conduct. Judge Deborah L. Cook of Ohio made two political donations after she was appointed by President Bush to the 6th U.S. Circuit Court of Appeals in 2003."

You can view at this link the Sixth Circuit's disposition of the related complaint of judicial misconduct.
Posted at 09:00 AM by Howard Bashman



"Superior Court Withdraws Recent Child Porn Opinion": Asher Hawkins of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, provides a news update (free access) that begins, "The Superior Court has withdrawn its recent first-impression holding that merely to look at child pornography on the Internet -- without intentionally saving or downloading any images viewed -- does not amount to 'knowing possession' of child pornography as proscribed under state law."

I had criticized that ruling last month in an installment of my weekly "On Appeal" column for law.com headlined "Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?"

My earlier coverage of the Pennsylvania Superior Court's recent grant of reargument en banc in the case can be accessed here.

And in somewhat related news coverage, The Harrisburg Patriot-News reports today that "Charge against ex-officer dismissed." The article begins, "Lebanon County Judge Robert Eby has dismissed a child-pornography charge against Richard Dimond, a former South Londonderry Twp. police officer. Dimond, 33, of North Cornwall Twp., was charged after receiving an e-mail from a 16-year-old girl containing two topless photographs of herself. Dimond deleted the photos after looking at them without saving or copying them, according to testimony."
Posted at 08:54 AM by Howard Bashman



"Justices to review death penalty case; Once again, the 9th Circuit Appeals Court's sentence overturning will be reconsidered": David G. Savage has this article today in The Los Angeles Times.

And The Seattle Times reports today that "Supreme Court to hear death-sentence appeal."
Posted at 08:48 AM by Howard Bashman



eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek