How Appealing

Tuesday, January 29, 2008

"The Items Were Worth $177": Syndicated columnist James J. Kilpatrick has an essay that begins, "The Supreme Court splendidly split last week in the Case of the Missing Prayer Rug. By all the usual criteria, it was a nuthin' case -- a case of minimal public interest, tossed over to Justice Clarence Thomas for another ho-hum opinion. I'm writing about it for a reason."

Kilpatrick, who is now 87 years of age, announces in this essay that "With this column, I retire from writing about the Supreme Court." He will continue to write a weekly column about the English language.
Posted at 11:12 PM by Howard Bashman



"2nd Circuit Considers Intent, Knowledge in Lynne Stewart Case; Federal appeals court judges pepper defense with questions; attorney repeatedly cites 'Brandenburg' Supreme Court case": law.com provides this report.

And The Associated Press provides a report headlined "Prosecutor to appeals court: NYC lawyer got 'slap on the wrist.'"
Posted at 11:05 PM by Howard Bashman



"Wecht trial: Aide says cadavers wrongly went to Carlow." The Pittsburgh Post-Gazette provides this news update.
Posted at 11:04 PM by Howard Bashman


"'Travesty of justice' prompts protest; A dangerous line was crossed when prosecutor succeeded in getting defense attorneys changed in Pike death penalty case, lawyers say": Bill Rankin had this article yesterday in The Atlanta Journal-Constitution.
Posted at 11:02 PM by Howard Bashman


"Jefferson wants income, race, education as criteria; Aim is to keep diversity; court trashed old policy": Today's edition of The Louisville Courier-Journal contains an article that begins, "Race, income and education would be considered equally in assigning students and keeping Jefferson County's public schools integrated under a student-assignment plan released yesterday. Seven months after the U.S. Supreme Court threw out the district's desegregation policy because it considered individual students' race in assigning them to schools, Superintendent Sheldon Berman unveiled a new proposal -- checked by the district's lawyers -- that he believes meets the court test."
Posted at 10:58 PM by Howard Bashman


"Two-Year Term Sought for Lawyer in Milberg Conspiracy": Josh Gerstein of The New York Sun has a news update that begins, "Federal prosecutors are seeking a two-year prison term for one of the nation's most successful class-action attorneys, William Lerach."

The Associated Press reports that "2-year prison term recommended for lawyer in kickback scheme."

And Reuters reports that "U.S. prosecutors seek two-year prison term for Lerach."
Posted at 10:45 PM by Howard Bashman



"Alarmist Clock: Let's do away with the legislative fiction of the terrorist alarm clock." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:30 PM by Howard Bashman


"Court upholds smoking ban": The Rocky Mountain News provides an update that begins, "The 10th Circuit Court of Appeals upheld Colorado's smoking ban today, dealing a blow to restaurant and bar owners who argued the law is unconstitutional."

And The Denver Post provides a news update headlined "Appeals court upholds smoking ban, DIA exemption."

Currently, the Tenth Circuit's opinion does not appear to be available over the court's web site, but you can access the court's judgment at this link.

Update: The Tenth Circuit has substituted the panel's opinion for that court's judgment at the link that appears immediately above.
Posted at 08:20 PM by Howard Bashman



"9th Circuit deals setback to Costco on wine and beer sales": The Seattle Post-Intelligencer provides this news update.

The Seattle Times provides a news update headlined "Costco loses effort to overturn state liquor laws."

The Wall Street Journal provides a news update headlined "Court Sides With Regulators in Costco Case."

And Reuters reports that "Costco fails to overturn Wash. state liquor rules."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:04 PM by Howard Bashman



"Rendell nominates Colins to Supreme Court despite GOP objections": The Philadelphia Inquirer provides this news update.

The Associated Press reports that "Rendell names 4 to fill appellate court vacancies."

And you can access a press release headlined "PA Governor Rendell Announces Judicial Nominations for Supreme, Superior and Commonwealth Courts."
Posted at 07:34 PM by Howard Bashman



"Breyer Keeps Up Bush Speech Attendance": Mark Sherman of The Associated Press has a report that begins, "Four Supreme Court justices donned their robes to attend this year's State of the Union, but only one among them could boast a perfect attendance record during the Bush presidency."
Posted at 07:20 PM by Howard Bashman


Programming note: I will be working this afternoon from the office of co-counsel finalizing an appellate brief that is due to be filed tomorrow. Additional posts will appear here later today.
Posted at 11:30 AM by Howard Bashman


"EU Court: Downloaders Can Stay Private." The Associated Press provides a report that begins, "Record labels and film studios cannot demand that telecom companies hand over the names and addresses of people suspected of breaking European copyright rules by swapping illegal downloads, the EU's top court ruled Tuesday."

Reuters reports that "EU court says file sharers don't have to be named."

And BBC News reports that "File-sharers 'need not be named'; Internet service providers do not have to divulge the names of users suspected of illegally sharing music files, Europe's top court has ruled."

You can access today's ruling of the European Court of Justice at this link.
Posted at 10:34 AM by Howard Bashman



"Ruling may aid talent managers; They could be entitled to pay for procuring work for clients, the state high court says": This article appears today in The Los Angeles Times.

My earlier coverage of yesterday's ruling of the Supreme Court of California appears at this link.
Posted at 08:44 AM by Howard Bashman



"Plaintiff-for-hire sentenced; A retired lawyer gets home detention in the Milberg Weiss case": The Los Angeles Times contains this article today.
Posted at 08:40 AM by Howard Bashman


"Justice Dept. accused of blocking Gonzales probe; Office of Special Counsel chief says his investigation into alleged politicization of the attorney general's agency has been repeatedly 'impeded'": This article appears today in The Los Angeles Times.
Posted at 08:37 AM by Howard Bashman


"Greater Use of Privilege Spurs Concern": The Washington Post today contains an article that begins, "The U.S. government has been increasing its use of the state secrets privilege to avoid disclosure of classified information in civil lawsuits, prompting legislation in the Senate that would provide more congressional oversight of the practice."
Posted at 08:17 AM by Howard Bashman


"GOP Unable to Force Vote on Bush Surveillance Bill; Senators Can't Stop Democratic Debate; Current Law Set to Expire Thursday": The Washington Post contains this article today.

And The Wall Street Journal today contains an editorial entitled "Wiretrapped."
Posted at 08:15 AM by Howard Bashman



"'Wecht details' described to jury; On the first day of trial, deputy coroner tells of running errands": This article appears today in The Pittsburgh Post-Gazette.

The Pittsburgh Tribune-Review today contains an article headlined "Corpse van carried hot dogs for Wecht: witness." Reporter Jason Cato will provides updates throughout the day at this link.

And online at the First Amendment Center, Douglas Lee has an essay entitled "3rd Circuit lets sunshine in on famous coroner's trial."
Posted at 08:10 AM by Howard Bashman



"Illegal Globally, Bail for Profit Remains in U.S." Adam Liptak has this article today in The New York Times.
Posted at 08:04 AM by Howard Bashman


"Can a Sandwich Be Slandered?" This article appears today in The New York Times.
Posted at 08:02 AM by Howard Bashman


"Rendell to name Colins as justice": The Philadelphia Inquirer today contains an article that begins, "Gov. Rendell is poised to name former Commonwealth Court Judge James Gardner Colins an interim appointee to the Pennsylvania Supreme Court, over the objection of Senate Republicans who predicted a battle over the nomination. Colins, 61, a Democrat from Philadelphia, was the longest-serving judge in the 37-year history of the intermediate appellate court. He announced in October that he was stepping down to speak out about the need for judicial independence and perhaps to return to practicing law."
Posted at 07:58 AM by Howard Bashman


"Statewide judge race raises heat; GOP candidates for highest criminal court trade barbs": Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 07:55 AM by Howard Bashman


Available online from law.com: An article reports that "5th Circuit to Weigh Jurisdiction Over Contractors in Iraq; Iraq war's outsourcing of military functions poses new legal issues for contractors like KBR and Halliburton, now facing suit."

And in other news, "Former White House Counsel Tapped by N.Y. Chief Judge to Prepare Judicial Pay Suit."
Posted at 07:50 AM by Howard Bashman



"'Choose Life' license plate ruled free speech": Bob Egelko has this article today in The San Francisco Chronicle.

And The Arizona Daily Star reports today that "U.S. appellate court OKs pro-life AZ license plates."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 07:48 AM by Howard Bashman



Which U.S. Supreme Court Justices attended last night's State of the Union address? From this photograph, the answer would seem to be the Chief Justice and Justices Anthony M. Kennedy, Stephen G. Breyer, and Samuel A. Alito, Jr.
Posted at 07:44 AM by Howard Bashman


In commentary available online at FindLaw: Douglas W. Kmiec has an essay entitled "Why Congress Must Renew FISA Immediately: If It Dallies, National Security Professionals Will Not Be Able to Protect America From Terrorism in the Interim."

And Anthony J. Sebok has an essay entitled "Is It Constitutional for the Senate to Retroactively Immunize From Civil Liability the Telecoms That Provided the Government with Information About Customers' Communications?"
Posted at 07:35 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