How Appealing

Tuesday, February 28, 2006


"Justices Hear a Drama Straight From Tabloids": Wednesday's edition of The New York Times will contain this article.

Allen Pusey of The Dallas Morning News provides an update headlined "Anna Nicole fights for inheritance in Supreme Court; Ex-Playmate's been battling stepson for share of $1.6 billion."

Patty Reinert of The Houston Chronicle provides a news update headlined "Anna Nicole Smith draws crowd; Former Playboy Playmate finds sympathetic audience at Supreme Court."

Wednesday's edition of The Telegraph (UK) reports that "Playmate in court over will."

And E! Online reports that "Anna Nicole Earns Supreme Sympathy."
Posted at 11:58 PM by Howard Bashman




"Democrats feel vindicated that redistricting is going before Supreme Court; Bush appointee overruled Justice Department lawyers who thought redrawn Texas districts violated voting rights": This article will appear Wednesday in The Austin American-Statesman.

And The San Antonio Express-News provides an update headlined "U.S. Supreme Court to hold hearing on Texas redistricting."
Posted at 11:50 PM by Howard Bashman




"Extortion laws don't apply to abortion clinic protests, court rules": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 11:48 PM by Howard Bashman



"Vermont Campaign Limits Get Cool Reception at Court": Linda Greenhouse will have this article Wednesday in The New York Times.

And in Wednesday's edition of USA Today, Joan Biskupic will report that "High court questions Vermont's campaign finance law."
Posted at 11:45 PM by Howard Bashman




"CBS Sues Stern, Sirius Satellite; For Breach of Contract and Fraud": Wednesday's edition of The Wall Street Journal will contain this article (free access).

And The New York Times will report on Wednesday that "CBS Radio Sues Stern for Breach of Contract."

Perhaps this explains why I haven't mentioned more often that "How Appealing" will be hosted elsewhere effective April 20, 2006.
Posted at 11:40 PM by Howard Bashman




"Justices to Weigh Tax Breaks": This article will appear Wednesday in The New York Times.

And Patti Waldmeir of Financial Times reports that "Supreme Court to rule on state tax breaks."
Posted at 11:38 PM by Howard Bashman




"Anti-abortion activist celebrates ruling, sees Roe being overturned": The Chicago Tribune on Wednesday will contain an article that begins, "For 20 years, Joseph Scheidler has insisted that he and his fellow believers acted peaceably when they blockaded abortion clinics around the country. On Tuesday the tireless zealot won a victory in the U.S. Supreme Court, which ruled that, whatever his protests, they did not constitute extortion or racketeering under federal law."
Posted at 11:22 PM by Howard Bashman



Tony Mauro is reporting: Via law.com, you can access articles headlined "Supreme Court Rules Hobbs Act Doesn't Outlaw Anti-Abortion Violence; In another ruling, justices find joint venture pricing is not a per se violation of Sherman Act" and "High Court Questions Limits on Campaign Spending; During arguments in probate case, justices seem sympathetic to Anna Nicole Smith."
Posted at 11:18 PM by Howard Bashman



In Wednesday's edition of The Washington Post: Charles Lane will have a front page article headlined "Anna Nicole Smith's Supreme Fight; Justices Hear Celebrity's Bid for Cut of Late Husband's Riches."

And in other news, "Companies Contemplate Life Without BlackBerrys."
Posted at 11:14 PM by Howard Bashman




"Abortion Foes Win Dispute": Linda Greenhouse will have this article Wednesday in The New York Times.
Posted at 09:58 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Tenth Circuit: An opinion issued today begins, "This appeal relates to a three-year investigation of inmate abuse at the United States Penitentiary in Florence, Colorado ('USP-Florence'), that resulted in charges against ten former correctional officers for conspiracy and deprivation of inmates' constitutional rights in violation of 18 U.S.C. §§ 241 and 242."

And a separate ruling issued today begins, "Several supervisors at Southwest Airlines convinced two Albuquerque police officers to stage an arrest of Marcie Fuerschbach, a Southwest Airlines employee, as part of an elaborate prank that included actual handcuffing and apparent arrest. This was a 'joke gone bad,' and turned out to be anything but funny, as Fuerschbach allegedly suffered serious psychological injuries as a result of the prank."
Posted at 09:55 PM by Howard Bashman




Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Anna Nicole Smith Has Her Day in Supreme Court" featuring Nina Totenberg.

And today's broadcast of "Talk of the Nation" contained segments entitled "High Court Takes Up Vt. Election Law" (featuring David G. Savage) and "South Dakota Bill Renews Abortion Debate."

RealPlayer is required to launch these audio segments.
Posted at 09:05 PM by Howard Bashman




"Rack and Ruin: The Supreme Court considers Anna Nicole's surprisingly real claims." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:24 PM by Howard Bashman



"Ex-Playmate gets Supreme Court's ear; Anna Nicole Smith fights for right to sue for share of fortune": CNN.com provides this report.
Posted at 07:55 PM by Howard Bashman



"Supreme Court Welcomes Playboy Playmate": David G. Savage of The Los Angeles Times provides this news update.
Posted at 07:54 PM by Howard Bashman



"Justices question Vermont's restrictive campaign finance rules": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 07:50 PM by Howard Bashman



"Playmate's Date With Justice:Thousands march on Washington in support of Anna Nicole Smith." At Newsweek's web site, Andy Borowitz has an essay that begins, "As Anna Nicole Smith brought her claim for the fortune of her late husband, Texas billionaire J. Howard Marshall II, to the United States Supreme Court, a broad-based coalition of golddiggers and gigolos marched on Washington to show their support for the former Playboy playmate."
Posted at 06:00 PM by Howard Bashman



"Cox appeals ruling on Michigan's abortion law": The Associated Press provides a report that begins, "Attorney General Mike Cox filed a brief Monday backing his appeal of a ruling that declared a Michigan abortion law unconstitutional."
Posted at 05:55 PM by Howard Bashman



The U.S. Congress considers appeals to be more valuable than trial court litigation: As noted at the home page of the U.S. Court of Appeals for the Eleventh Circuit, effective April 9, 2006 the fee for initiating a proceeding in a U.S. Court of Appeals will increase from $250.00 to $450.00 (overlooking for the moment the additional district court fee of $5.00 for filing a notice of appeal).

However, the fee for filing a lawsuit in a U.S. District Court apparently will increase from $250.00 to only $350.00. You can thank the so-called Deficit Reduction Act of 2005 for these filing fee increases.
Posted at 05:18 PM by Howard Bashman




"High Court Backs Anti-Abortion Protestors": law.com's Tony Mauro provides this news update.
Posted at 05:11 PM by Howard Bashman



"New Florida Town Looks to Ban Abortions": The Associated Press provides a report that begins, "If Domino's Pizza founder Thomas S. Monaghan has his way, a new town being built in a quiet corner of southwest Florida will be governed by strict Catholic principles, particularly when it comes to sex."
Posted at 04:40 PM by Howard Bashman



"Animal-rights group on trial in attacks; A Phila. animal-rights group calls its tactics free speech; U.S. prosecutors say it incited violence": This quite interesting article appears today in The Philadelphia Inquirer.
Posted at 04:30 PM by Howard Bashman



"High court's hot potato: redistricting; A Texas case, argued Wednesday, could hand House seats to Democrats - or unleash more gerrymandering." Warren Richey will have this article in Wednesday's edition of The Christian Science Monitor.

And at his "Election Law" blog, Rick Hasen has a post titled "Thoughts on the Texas Redistricting Cases."
Posted at 04:11 PM by Howard Bashman




"Judge rejects Pa. gun-buying terms; Requiring prospective owners to provide their Social Security numbers violates the U.S. Privacy Act, the judge ruled": This article appears today in The Philadelphia Inquirer. You can access last Friday's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link.
Posted at 04:02 PM by Howard Bashman



"South Dakota and Abortion": This lengthy segment (available in both RealPlayer and Windows Media formats) appeared on today's broadcast of the public radio program "On Point."
Posted at 03:24 PM by Howard Bashman



"High Court Rules Against Abortion Clinic": This segment (RealPlayer required) featuring Law Professor Jonathan Turley appeared on today's broadcast of the public radio program "Here & Now."
Posted at 03:22 PM by Howard Bashman



"Anna Nicole Smith's Supreme Effort": This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:20 PM by Howard Bashman



"The warning this opinion provides is that in order to further the purposes of the [Federal Arbitration Act] and to protect arbitration as a remedy we are ready, willing, and able to consider imposing sanctions in appropriate cases." A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today issued an opinion advising that the court is "exasperated by those who attempt to salvage arbitration losses through litigation that has no sound basis in the law applicable to arbitration awards" and that, in the future, those who resort to court after losing at arbitration likely will face sanctions in the absence of any valid basis for judicial relief.
Posted at 03:10 PM by Howard Bashman



"Mass murderer judged unfit for execution; George E. Banks, who killed 13 people in 1982, is 'a very mentally sick man,' the judge said": This article appears today in The Philadelphia Inquirer.

The Times Leader of Wilkes-Barre, Pennsylvania reports today that "Ruling puts execution in doubt; Judge says mass murderer does not understand his fate; Prosecutors vow to appeal."

And The Citizens Voice of Wilkes-Barre reports today that "Banks not mentally competent to be executed, judge decides."

This death row inmate is the same individual involved in Beard v. Banks, which in 2004 produced a 5-4 ruling from the U.S. Supreme Court.
Posted at 03:00 PM by Howard Bashman




Reuters is reporting: James Vicini reports that "Supreme court rules for anti-abortion groups."

And in other news, "US Court Rejects Shell, Texaco Venture Liability."
Posted at 02:45 PM by Howard Bashman




"Justices Weigh Vt. Campaign Spending Cap": The Associated Press provides this report.
Posted at 02:42 PM by Howard Bashman



"Vermont in trouble, Vickie Lynn in clover?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:10 PM by Howard Bashman



"Supreme Court Hears Ex-Playmate's Case": Gina Holland of The Associated Press provides a report that begins, "With an oil fortune on the line, former stripper Anna Nicole Smith encountered a sympathetic audience at the Supreme Court on Tuesday. Several justices said they were concerned that the one-time Playboy Playmate was kept from pursuing a piece of her late husband's fortune."
Posted at 12:58 PM by Howard Bashman



"State seeks bigger share of Newark woman's damages": The Arkansas Democrat-Gazette today contains an article that begins, "That Heidi Ahlborn had a claim for damages was clear before the shards of glass and metal from her car hit the pavement, her lawyer told the U.S. Supreme Court on Monday. But a decade after the Newark teenager's car crash, it remains to be seen how much of her $550,000 settlement she will get to keep. The Supreme Court heard arguments Monday in a case, Arkansas Department of Health and Human Services v. Ahlborn, that tests the ability of state agencies to be reimbursed for money they spend on patients under Medicaid, the health-care program for the poor."

And in other coverage, The Batesville Daily Guard-Record reports that "Attorney presents case to Supreme Court."
Posted at 12:55 PM by Howard Bashman




"Security for Judiciary is Top Priority; Acting Head of U.S. Marshals Outlines Plan": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 12:50 PM by Howard Bashman



See Anna Nicole Smith and Howard Stern arrive today at the U.S. Supreme Court: Via Yahoo! News, you can access the photos here.
Posted at 11:18 AM by Howard Bashman



"Could abortion law affect tourism? Both sides say yes." This article appears today in The Argus Leader of Sioux Falls, South Dakota.

Today's edition of USA Today contains an editorial entitled "Emboldened, abortion foes attack 'Roe' head-on; S.D. abortion ban also opens door to a broader assault on privacy" and an op-ed by Roger Hunt entitled "Our time has come: S.D. part of nationwide momentum to fight for rights of unborn babies."

And columnist Cal Thomas has an essay entitled "Swinging for the fences on abortion."
Posted at 10:50 AM by Howard Bashman




Rule #1 -- Bypass this court at your own risk: Earlier this month, the Foreign Intelligence Surveillance Court Rules of Procedure took effect.

In related news, The Pittsburgh Post-Gazette reports today that "Experts to discuss legality of domestic surveillance." More information about today's Senate Judiciary Committee hearing, and a link to live video, can be accessed here.
Posted at 10:28 AM by Howard Bashman




Today's U.S. Supreme Court opinions in argued cases: The Court today issued two opinions in argued cases. Because these cases were argued before Justice Samuel A. Alito, Jr. reached the Court, he did not participate in either decision.

1. Today's first ruling issued in the case of Scheidler v. National Organization for Women, Inc., No. 04-1244, and Justice Stephen G. Breyer delivered the opinion on behalf of a unanimous Court. You can access the syllabus here; Justice Breyer's opinion here; and the oral argument transcript here.

2. Today's second ruling issued in the case of Texaco Inc. v. Dagher, No. 04-805. Justice Clarence Thomas delivered the opinion on behalf of a unanimous Court. You can access the syllabus here; Justice Thomas's opinion here; and the oral argument transcript here.

In early press coverage, The Associated Press reports that "Supreme Court Backs Abortion Protesters" and "Supreme Court Throws Out Gas Prices Suit."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court limits Hobbs Act."
Posted at 10:04 AM by Howard Bashman




"Panel Weighs Opinions on Publishing Opinions": CalLaw.com's "Legal Pad" blog provides a post that begins, "A Supreme Court committee may be ready to nudge the judiciary to soften its long-held presumption that most appellate decisions should not be published. The Advisory Committee on Rules for Publication of Court of Appeal Opinions, chaired by Supreme Court Justice Kathryn Werdegar, asked for comments Thursday on whether the rule that discourages publication should be changed to advocate it if one of nine criteria is met."

The request for comments can be accessed here, while the proposed rule amendment and the form on which comments can be provided are available at this link.
Posted at 09:58 AM by Howard Bashman




"No activist, Supreme Court nominee says; In landmark review, top-court candidate says social agendas are for politicians": This article appears today in The Toronto Globe and Mail.

And The Toronto Star today contains articles headlined "Top court nominee hints at limited role; Rothstein faces historic hearing; Says judges must tread carefully" and "Rothstein hearing reinforces proven process."
Posted at 09:55 AM by Howard Bashman




"Ex-Playmate Smith Faces Supreme Court": Gina Holland of The Associated Press provides a report that begins, "Dressed in all black, former stripper turned weight-loss promoter Anna Nicole Smith fought her way through a throng of photographers and autograph-seekers Tuesday on her way to a Supreme Court showdown in her bid to inherit her late husband's fortune. Smith didn't say a word and didn't sign any autographs as she and a lawyer tried to slip into a side door of the court."
Posted at 09:50 AM by Howard Bashman



"Enron trial heats up; A former top accountant at the company's energy trading unit tells of uncertain accounting methods; ex-trader Tim Belden to testify next": CNNMoney.com provides this report.
Posted at 09:44 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Anna Nicole Smith Case Reaches Supreme Court" (featuring Nina Totenberg); "Vermont Challenges Link Between Speech and Spending"; and "Enron Trial Blog Gets the Story." RealPlayer is required to launch these audio segments.
Posted at 08:45 AM by Howard Bashman



"Justices to revisit remap; Court could toss out Texas' revised districts or uphold them": Patty Reinert has this article today in The Houston Chronicle.

And today in USA Today, Joan Biskupic and Jim Drinkard report that "Justices set for redistricting cases; Court considers Texas' revision of map after '02 GOP victories."
Posted at 07:28 AM by Howard Bashman




"Anna Nicole Smith to Face Supreme Court": Gina Holland of The Associated Press provides this report.

The Houston Chronicle today contains an editorial entitled "Make her go away! Like her trashy reality show, the Anna Nicole Smith legal saga has gotten stale and badly needs a finale."

And in USA Today, Law Professor Jonathan Turley has an op-ed that begins, "Lap dances, wills and -- you: Anna Nicole Smith gets her day in court today; Laugh all you want, but the former stripper's lawsuit could reshape the nation's probate law."
Posted at 07:25 AM by Howard Bashman




In news from Utah: The Salt Lake Tribune today contains an article headlined "Senate: Incestuous dad knows best; Lawmakers block exception from abortion consent bill."

And The Deseret Morning News reports today that "Abortion bill gets approval."
Posted at 07:22 AM by Howard Bashman




"Amid the abortion rifts, a history of court shifts": Columnist Peter S. Canellos has this essay today in The Boston Globe.
Posted at 07:18 AM by Howard Bashman



"Back in Class After Expulsion Over Paper": The New York Times contains this article today.
Posted at 07:12 AM by Howard Bashman



"Bill on evolution proves unfit to survive; House forces changes in Buttars' proposal, then fails to pass it anyway": This article appears today in The Salt Lake Tribune.

The Deseret Morning News reports today that "Amended evolution measure dies in Utah House."

And The New York Times reports that "Anti-Darwin Bill Fails in Utah."
Posted at 07:11 AM by Howard Bashman




"Enron Figures Tell How Results Were Manipulated": The New York Times contains this article today.

In The Houston Chronicle, Mary Flood reports today that "Shuffled funds made the balance, witness says."

And USA Today contains articles headlined "Witness: Enron used reserve funds to prop up earnings" and "Prosecutors lay foundation for testimony of star witness; They're building their case before Fastow takes stand."
Posted at 07:04 AM by Howard Bashman




"Court Blocks DOD's New Rules for Workers; Collective Bargaining Hurt, Judge Says": This front page article appears today in The Washington Post.
Posted at 06:50 AM by Howard Bashman



"Patriot Act E-Mail Searches Apply to Non-Terrorists, Judges Say": Josh Gerstein has this article today in The New York Sun.
Posted at 06:35 AM by Howard Bashman


Monday, February 27, 2006


"House speaker sends abortion bill to Rounds; Governor has 15 days to sign it": The Argus Leader of Sioux Falls, South Dakota provides a news update that begins, "A bill that would ban nearly all abortions in South Dakota is now officially in the hands of Gov. Mike Rounds."
Posted at 10:23 PM by Howard Bashman



"Case on probate matters drawing lots of attention": Today in The Fort Worth Star-Telegram, Dave Montgomery has an article that begins, "Even participating attorneys admit that Supreme Court Case No. 04-1544 is dry and legally esoteric. So why does Marshall v. Marshall get so much attention? Three words: Anna Nicole Smith."
Posted at 10:18 PM by Howard Bashman



"Supreme Court Set to Weigh Central Election-Law Issues": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 10:10 PM by Howard Bashman



"A minor revolt on state court; Sitting judge Price challenges top judge Keller on Court of Criminal Appeals": This article appears today in The Austin American-Statesman.
Posted at 08:44 PM by Howard Bashman



"Judge's ruling could delay trial for Andrea Yates": The Houston Chronicle provides this news update.
Posted at 08:23 PM by Howard Bashman



"Supreme Court to consider ex-Playboy model's claim to estate": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 08:12 PM by Howard Bashman



"High Court to Take Up Pressing Issues This Week": Linda Greenhouse of The New York Times provides this news update.
Posted at 05:58 PM by Howard Bashman



"Court says Hill wrong to fire 27 employees; Ga. high court says workers part of county merit system": The Atlanta Journal-Constitution provides this news update.

You can access today's ruling of the Supreme Court of Georgia at this link.
Posted at 05:45 PM by Howard Bashman




"State rethinks three-strikes law; Proposed initiatives in California would give judges more leeway in sentencing": This article will appear Tuesday in The Christian Science Monitor.
Posted at 05:40 PM by Howard Bashman



"Judges tackling national-security learning curve; As invasive laws test individual freedoms, Federal Court seeks outside expertise": This article appears today in The Toronto Globe and Mail.
Posted at 05:04 PM by Howard Bashman



"Can states limit what candidates spend? Supreme Court hears arguments Tuesday on a Vermont law that would curb the flow of campaign money." Warren Richey will have this article Tuesday in The Christian Science Monitor.

And at his "Election Law" blog, Rick Hasen has a post titled "Thoughts About the Vermont Campaign Finance Case to Be Argued Tomorrow."
Posted at 05:00 PM by Howard Bashman




"High Court to Rule on DeLay Redistricting": The Associated Press provides this report.
Posted at 04:58 PM by Howard Bashman



"The Unlikely Center": In the March 6, 2006 issue of The New Republic, Pulitzer Prize-winning historian David J. Garrow has this review (pass-through link) of two books: "Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice," by Joan Biskupic; and "David Hackett Souter: Traditional Republican on the Rehnquist Court," by Tinsley E. Yarbrough.
Posted at 04:15 PM by Howard Bashman



"Supreme Court nominee vows independence": The Toronto Globe and Mail provides a news update that begins, "Canada's newest nominee to the Supreme Court of Canada Monday described the experience as humbling and promised to make good on the trust placed in him by Prime Minister Stephen Harper while also emphasizing the importance of an independent judiciary."
Posted at 03:05 PM by Howard Bashman



"High court to assess sentencing in state": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Uncertainty surrounds thousands of prison sentences in California after the U.S. Supreme Court announced it would decide whether the state's 29-year-old sentencing system violates a defendant's right to a jury trial."
Posted at 03:00 PM by Howard Bashman



"Ohio Court Orders Resentencing of Hundreds": The Associated Press provides this report.
Posted at 02:55 PM by Howard Bashman



"Defense Department Personnel System Blocked": The Washington Post provides a news update that begins, "A federal judge today blocked the Department of Defense from implementing its new personnel system, handing the Bush administration a major setback in its attempts to streamline work rules and install pay for performance in the federal workplace."

Today's decision of the U.S. District Court for the District of Columbia can be accessed online (opinion; order).
Posted at 02:38 PM by Howard Bashman




Today's appellate court filing: Between now and Monday, March 13, 2006, I'll be filing three reply briefs in the U.S. Courts of Appeals. The reply brief that I'm filing today in the U.S. Court of Appeals for the Fourth Circuit involves a dispute between a primary insurer and a reinsurer over whether the termination of a reinsurance treaty required the reinsurer to return more than $2 million in active life reserves to the insurer. The opening Brief for Appellant can be accessed here. The case is tentatively scheduled for oral argument in Richmond, Virginia sometime during the last week in May 2006.
Posted at 02:30 PM by Howard Bashman



"Merck's fight looks tougher in NJ; Lanier, the only lawyer to defeat drug maker in a Vioxx suit, returns for round two": CNNMoney.com provides this report.
Posted at 02:15 PM by Howard Bashman



"Will high court draw the lines? The Supreme Court will hear arguments on the 2003 Texas redistricting; Its decision could change the future of politics as usual." This article appears today in The St. Petersburg Times.
Posted at 01:54 PM by Howard Bashman



"Justices Won't Expand Death Penalty Review": Gina Holland of The Associated Press provides this report.
Posted at 11:54 AM by Howard Bashman



"Scalia champions hunting and conservation; Supreme Court justice gives speech at wild turkey event": This article appeared yesterday in The Tennessean.

And The Associated Press reports that "Supreme Court Justice Champions Hunting."
Posted at 11:54 AM by Howard Bashman




"Ohio applies Blakely and the Booker remedy!" The blog "Sentencing Law and Policy" provides this report.
Posted at 11:40 AM by Howard Bashman



Today's U.S. Supreme Court Order List: Today's Order List can be accessed here.

At "SCOTUSblog," Lyle Denniston has a post titled "Court grants no new cases."
Posted at 10:05 AM by Howard Bashman




A drag racing death near Detroit and the state-created danger doctrine: A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this interesting decision today. According to the dissenting opinion, "What really matters is [plaintiff's] evidence that the race was about to be called off for fear of police intervention but ultimately went forward after the officers actively encouraged the race to proceed, reassuring the drag racers and the crowd that nobody would be arrested for conducting the race."
Posted at 09:58 AM by Howard Bashman



"Blogging law profs assault ivory tower; Is it scholarship, or a cyber chit-chat?" This article appears in this week's issue of The National Law Journal.
Posted at 09:05 AM by Howard Bashman



"Death Penalty Trials a Painstaking Process": The Associated Press provides this report focusing on the Zacarias Moussaoui trial.
Posted at 09:03 AM by Howard Bashman



"Blawg Review #46": Available here, at "De Novo."
Posted at 07:05 AM by Howard Bashman



"Congress Puts 'Partial-Birth' Abortion Back on the Supreme Court's Agenda": This week's installment of my "On Appeal" column for law.com can be accessed here.
Posted at 07:00 AM by Howard Bashman



The Chicago Tribune is reporting: In today's newspaper, Naftali Bendavid reports that "Texas-size gerrymander case heads to high court."

And in other news, an article is headlined "St. Thurgood? It just might be; Episcopalians in the nation's capital seek sainthood for the 1st black high court justice."
Posted at 06:58 AM by Howard Bashman




"Justices have a date with former Playmate": Patty Reinert has this front page article today in The Houston Chronicle.
Posted at 06:50 AM by Howard Bashman



"Blog Epitaphs? Get Me Rewrite! Rumors of Blogs' Demise Are Exaggerated, But a Lot Less Obsession Would Be Healthy." Jason Fry has this essay (free access) online today at The Wall Street Journal.
Posted at 06:45 AM by Howard Bashman



USA Today is reporting: In today's newspaper, Joan Biskupic has an article headlined "Anna Nicole legal drama moves center stage to Supreme Court."

And in other news, "RIM, NTP urged to settle dispute; BlackBerrys could face shutdown as early as this week."
Posted at 06:44 AM by Howard Bashman




"The Supreme Court's Unanimous Decision Recognizing a Religious Right to Use Hallucinogenic Tea": FindLaw commentator Michael C. Dorf has this essay today.
Posted at 06:40 AM by Howard Bashman


Sunday, February 26, 2006


On this date in "How Appealing" history: Three years ago today, on February 26, 2003, I had a post titled "Onan he arbarian" reporting on a passage from a Seventh Circuit opinion that had issued that day. That post's link to the opinion no longer works, but the opinion can now be accessed here.
Posted at 10:44 PM by Howard Bashman



"Plan B Battles Embroil States; Proposals Mirror Red-Blue Divide": The Washington Post on Monday will contain a front page article that begins, "Filling a void left by the Food and Drug Administration's inability to decide whether to make the 'morning-after' pill available without a prescription, nearly every state is or soon will be wrestling with legislation that would expand or restrict access to the drug."
Posted at 10:33 PM by Howard Bashman



"New cyberstalking law challenged over 'annoy' language": David L. Hudson Jr. has this article online at the First Amendment Center.
Posted at 10:15 PM by Howard Bashman



"High Court Mulls Strict Campaign Finance Law": FOXNews.com provides this report.
Posted at 10:11 PM by Howard Bashman



The Sacramento Bee is reporting: Today's newspaper contains a front page article headlined "Death ritual steeped in controversy; Morales case thrusts lethal injection protocol into disarray."

And in related coverage, "Death row may become off-limits to doctors."
Posted at 10:04 PM by Howard Bashman




"Lethal injection facing scrutiny": This article appears today in The San Jose Mercury News.
Posted at 09:20 PM by Howard Bashman



In the March 6, 2006 issue of Time: The magazine will contain an article headlined "Lethal Objection: An execution is postponed after two doctors refuse to take part; Is the needle on the ropes?"

And a Notebook item will carry the headline "The New Front Line in the Abortion Wars."
Posted at 09:18 PM by Howard Bashman




"Drawing the Line: Will Tom DeLay's redistricting in Texas cost him his seat?" Jeffrey Toobin, with whom you can visit tomorrow evening in Fort Wayne, Indiana, will have this Annals of Law article [large PDF file] in the March 6, 2006 issue of The New Yorker.
Posted at 12:14 PM by Howard Bashman



"Supreme Court to make call on late abortion": This editorial appears today in The Birmingham News.
Posted at 12:00 PM by Howard Bashman



"Groups fear fallout from Supreme Court cases; Limitation of Clean Water Act’s scope could spell trouble for Ohio wetlands": The Columbus Dispatch contains this article today.
Posted at 11:59 AM by Howard Bashman



"The Supreme Court is like a box of chocolates": This editorial appears today in The Kalamazoo Gazette.
Posted at 11:58 AM by Howard Bashman



"Psycho Path Voted Wackiest Street Name": The Associated Press provides this report. According to the official results, "Third Prize goes to Farfrompoopen Rd., which we're told is the only way to get to Story, Arkansas' Constipation Ridge."
Posted at 11:55 AM by Howard Bashman



"Reality Check for 'Roe': With the hard right hoping for reversal, the black-and-white war over abortion finds itself immersed in shades of gray." The March 6, 2006 issue of Newsweek will contain this article.
Posted at 11:48 AM by Howard Bashman



"Repeal joint and several liability; The legal doctrine encourages plaintiffs to go after big companies and wealthy individuals, who can get stuck paying damages beyond their portion of fault": This editorial appears today in The St. Petersburg Times.
Posted at 11:44 AM by Howard Bashman



"An Odd Map, A Big Flap; Texas redistricting comes before the Supreme Court": The March 6, 2006 edition of U.S. News & World Report will contain this article.
Posted at 11:40 AM by Howard Bashman



"Appointed justice facing his first political race": This article appears today in The Fort Worth Star-Telegram.
Posted at 09:20 AM by Howard Bashman



The Austin American-Statesman is reporting: Today's newspaper contains articles headlined "Supreme Court's ruling on GOP map will echo; Decision would be far-reaching for Texas elections, the political leanings of Congress" and "Death row inmates share identical appeals; 20 pages of death row inmates' appeals are identical, even errors."
Posted at 09:15 AM by Howard Bashman



"Plan B battle shifts to states; FDA's inaction on 'morning-after' pill boosts momentum": Friday's edition of The Baltimore Sun contained this article.
Posted at 09:10 AM by Howard Bashman



"No challenge to Roe foreseen in Texas; Foes are content to chip away, let other states wage costly, risky fight": This front page article appears today in The Houston Chronicle.
Posted at 09:08 AM by Howard Bashman



"He's taking on Vioxx maker on its home turf; Lawyer's winning Texas style to be tested in New Jersey": The Boston Globe contains this article today.
Posted at 09:05 AM by Howard Bashman



"Specter Proposes NSA Surveillance Rules; Measure Would Make Administration Seek FISA Court's Permission to Eavesdrop": This article appears today in The Washington Post.
Posted at 08:50 AM by Howard Bashman



"Supreme Court to Vote on Election-Law Cases; At issue are campaign spending caps in Vermont and redrawn voter districts in Texas": David G. Savage has this article today in The Los Angeles Times.

And an article reports that "Infection Is Growing in Scope, Resistance; A virulent staph germ once largely confined to hospitals is emerging in jails, gyms and schools." MRSA is at issue in a pending case (the Brief for Appellants is here) that I'm involved in before the U.S. Court of Appeals for the Third Circuit.
Posted at 08:40 AM by Howard Bashman



Saturday, February 25, 2006


In Sunday's edition of The New York Times: Tomorrow's newspaper will contain an article headlined "Court to Reconsider Hawaii Schools Case."

In local news, "Death Row Case May Decide More Than Inmate's Fate."

An article in the Week in Review section headlined "Not the End of the World After All" begins, "Masters of the universe from Wall Street to Washington and beyond breathed a sigh of relief on Friday when a federal judge in Virginia put off a decision on whether to shut down the BlackBerry wireless e-mail service, which has more than three million subscribers in the United States."

And an editorial will carry the headline "A Judicial Green Light for Torture."
Posted at 10:33 PM by Howard Bashman




"For Ken Lay, Enron's Riches Turning to Ruin": This article will appear Sunday in The New York Times.

And today's issue of The Washington Post reports that "Board Secretary Implicates Lay, Skilling."
Posted at 10:24 PM by Howard Bashman




Tonight's DVD selection: "North Country."
Posted at 10:18 PM by Howard Bashman



Jake Tapper was here, but now he's gone: The blog "Extreme Mortman" provides a post titled "Blogs The Famous Media Reads: Jake Tapper."
Posted at 09:10 PM by Howard Bashman



"All Eyes on the Rookie: In two big upcoming Supreme Court cases, Samuel Alito will play a pivotal role." Cliff Sloan has this essay online at Newsweek.
Posted at 09:08 PM by Howard Bashman



"U.S. Supreme Court to hear arguments Tuesday on campaign finance": The Associated Press provides this report.
Posted at 09:05 PM by Howard Bashman



"CNN legal analyst to discuss high court changes": On Monday evening, Jeffrey Toobin -- the journalist who unmasked "Article III Groupie" -- will be speaking and signing books at a synagogue in Fort Wayne, Indiana, The Journal Gazette reports today in an article that you can access here.
Posted at 07:00 PM by Howard Bashman



"Rehnquist, true to words, was true to our freedom": Patrick McIlheran will have this op-ed in Sunday's edition of The Milwaukee Journal Sentinel.
Posted at 06:55 PM by Howard Bashman



"Sizing Up the Opposing Armies in the Coming Abortion Battle": This article will appear in the Week in Review section of tomorrow's edition of The New York Times.
Posted at 06:54 PM by Howard Bashman



"Anna Nicole Smith's Legal War Continues": The Associated Press provides this report.
Posted at 02:44 PM by Howard Bashman



"Death and Wal-Mart: Pharmacists, physicians, and the right of conscience." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 01:38 PM by Howard Bashman



"An Afghan Prison Expands, Filling Guantanamo's Role": This article will appear Sunday in The New York Times.
Posted at 01:35 PM by Howard Bashman



"Ruling May Undercut Google in Fight Over Its Book Scans": The New York Times today contains an article that begins, "A recent federal court decision in California might undermine a pillar of defense for Google in its dispute with publishers and authors who are challenging the company's right to scan books that are still under copyright."

My earlier coverage of that ruling can be accessed here.
Posted at 11:52 AM by Howard Bashman




"Pentagon to Identify Detainees; Military to Comply With Court Order at Guantanamo Bay": This article appears today in The Washington Post.
Posted at 11:50 AM by Howard Bashman



"Lawyer's $4.1 Million Fee Angers Holocaust Survivors": Law Professor Burt Neuborne is the subject of this article published today in The New York Times.
Posted at 11:48 AM by Howard Bashman



"Libby Loses a Round in Court; Ex-Cheney Aide Is Denied in Bid to Learn Leaker's Identity": This article appears today in The Washington Post.

The New York Times reports today that "Former Aide to Cheney Gains Access to His Notes."

And The Los Angeles Times reports that "Libby's Team Plans to Subpoena Media; Lawyers have said they intend to cast a wide net to raise doubts about testimony against him; Those called will have until April to respond."
Posted at 11:45 AM by Howard Bashman




"Executive order is questioned; McDonnell objects to Kaine's action that bans bias against gays": The Richmond Times-Dispatch today contains an article that begins, "Gov. Timothy M. Kaine overstepped his constitutional authority when he outlawed bias against gays in state hiring, employment and promotion, the attorney general contends."

And The Washington Post reports today that "Kaine Order To Shield Gays Called Unlawful."
Posted at 11:42 AM by Howard Bashman




"Justice Dept. Rejects Google's Concerns": The AP provides a report that begins, "Concerns by Google Inc. that a Bush administration demand to examine millions of its users' Internet search requests would violate privacy rights are unwarranted, the Justice Department said in a court filing."
Posted at 11:40 AM by Howard Bashman



Isn't that special: The Associated Press reports that "Ky. Governor Names Two Special Justices."

And The Lexington Herald-Leader today contains an article headlined "Fletcher supporters put on court; Substitute Justices for hiring case gave to his campaign."
Posted at 11:38 AM by Howard Bashman




"Utah's top court boots polygamist judge Steed": The Deseret Morning News contains this article today.

And The Salt Lake Tribune today contains an article headlined "Hildale judge resigns as asked; Polygamist: The Utah Supreme Court rules the 25-year veteran must quit."

My earlier coverage appears in a post titled "The Supreme Court of Utah's opinion contains as many pages as the ousted judge has wives."
Posted at 11:33 AM by Howard Bashman




"Surgery risk key in limiting abortion pill, court rules; Case sent back to reconsider": The Cincinnati Enquirer today contains an article that begins, "Ohio cannot restrict the use of an abortion-inducing pill unless lawmakers allow exceptions for women facing a greater health risk with surgical abortion, a federal appeals court ruled Friday."
Posted at 11:28 AM by Howard Bashman



"South Dakota's Governor Says He Favors Abortion Ban Bill": This article appears today in The New York Times, along with a related article headlined "Abortion Returns to Center Stage."

The Los Angeles Times reports today that "S.D. House Approves Abortion Bill; Lawmakers hope the sweeping measure will lead the high court to revisit Roe vs. Wade."

The Argus Leader of Sioux Falls, South Dakota reports that "Abortion ban rests on Rounds; Governor says he'll study before signing."

The Rapid City Journal contains articles headlined "Gov. 'inclined' to sign ban" and "Abortion-rights advocates threaten to boycott S.D."

And The Aberdeen American News reports that "Abortion ban approved; Referendum rumored as possibility if governor signs; issue puts S.D. in national spotlight."
Posted at 11:24 AM by Howard Bashman




"State to defend lethal injection protocol in court": Claire Cooper, legal affairs writer for The Sacramento Bee, has this article today in that newspaper.
Posted at 11:00 AM by Howard Bashman



"Judge gives RIM one last chance; Berates parties for not settling dispute": This article appears today in The Toronto Globe and Mail. The newspaper also contains articles headlined "A low-tech affair in a genteel Southern court; Elegant surroundings of former capital of the Confederacy belie battle's intensity" and "Disconnects seen in RIM's strategy to save BlackBerry; Inconsistencies noted in workaround plan."

The Richmond Times-Dispatch reports today that "BlackBerry remains in service; Deliberations continue; judge chides parties for not settling patent case."

The Toronto Star contains articles headlined "Heat on RIM after reprieve; Judge warns both sides to avoid 'imperfect' verdict" and "Pressure now intense to move beyond principle and pride -- and make a deal."

The Los Angeles Times reports that "BlackBerry Dodges Injunction; A U.S. judge hearing a patent case delays ruling on whether to shut down the wireless service; He is pressing for a settlement, experts say."

The New York Times reports that "Judge Lets BlackBerry Stay in Play for Now."

The San Francisco Chronicle contains an article headlined "Thorny times for BlackBerry; Judge agrees patent was violated but delays injunction."

The Harrisburg Patriot-News reports that "BlackBerry users anxiously await decision."

National Post reports that "Judge raps RIM and NTP; No injunction decision: 'This should have been settled,' combatants told."

And in The Washington Post, Rob Pegoraro has an essay entitled "BlackBerry Lawsuit Is Patently Absurd."
Posted at 10:40 AM by Howard Bashman



Friday, February 24, 2006


Available online from law.com: An article is headlined "As Date With Playmate Approaches, High Court to Ponder Jurisdiction Issue; In case involving Anna Nicole Smith, justices will examine jurisdiction in probate matters and rights of trust beneficiaries."

And the brand-new installment of my "On Appeal" column is headlined "Congress Puts 'Partial-Birth' Abortion Back on the Supreme Court's Agenda."
Posted at 11:00 PM by Howard Bashman




"Ex-Enron exec didn't link actions to crime": Mary Flood has this article today in The Houston Chronicle.
Posted at 10:33 PM by Howard Bashman



"Judge Scolds RIM for Not Settling; BlackBerry Injunction Could Be Next Step": Saturday's edition of The Washington Post will contain an article that begins, "A federal judge Friday criticized Research in Motion Ltd., the Canadian company that makes the BlackBerry e-mail device, for failing to settle its patent dispute with McLean-based NTP Inc. While the judge did not impose an injunction that many users feared would halt the popular BlackBerry service, his comments led observers to conclude that the injunction could come soon."

And this evening's broadcast of NPR's "All Things Considered" contained a segment entitled "Blackberry Users Await Decision in Patent Case."
Posted at 10:28 PM by Howard Bashman




"Politics of Abortion Back in the Spotlight": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 05:40 PM by Howard Bashman



"Ohio Residents Want Court to End Tax Break": The AP provides this preview of a case to be argued next Wednesday in the U.S. Supreme Court.
Posted at 05:00 PM by Howard Bashman



In news from Hawaii: The Associated Press provides a report headlined "Abortion law change dropped; Opponents warned the state would legalize late-term procedures" that begins, "State representatives turned away a change in the law yesterday that opponents said would have expanded abortion rights to make the procedure available up until birth."
Posted at 04:54 PM by Howard Bashman



"Yahoo Mail reverses ban on 'allah' in usernames": c|net News.com provides a report that begins, "Yahoo Mail will now let people register usernames that include the word 'allah,' after a ban designed to thwart prejudice went astray. The policy reversal, announced Wednesday, came too late for Linda Callahan of Ashfield, Mass., who set up a Google Gmail account after being rejected by Yahoo Mail because of the presence of 'allah' in her name, said her son, Ed Callahan."

And in other coverage, yesterday's edition of The Winona Daily News reported that "Fountain City man wins one for Allah."
Posted at 04:25 PM by Howard Bashman




"Judge reserves decision on RIM": The Toronto Globe and Mail provides this news update.
Posted at 04:15 PM by Howard Bashman



"Fourth Circuit on crack (guidelines, that is)": The "Sentencing Law and Policy" blog provides some provocative commentary on today's Fourth Circuit ruling, which I earlier noted here.
Posted at 04:00 PM by Howard Bashman



The Supreme Court of Utah's opinion contains as many pages as the ousted judge has wives: The Salt Lake Tribune provides a news update headlined "Utah Supreme Court ousts polygamist judge."

And The Associated Press reports that "Polygamist Judge Ordered Off Utah Bench."

You can access today's three-page ruling of the Supreme Court of Utah at this link.
Posted at 03:44 PM by Howard Bashman




The Associated Press is reporting: Gina Holland reports that "Lethal Injection Executions Face Scrutiny."

And in other news, "Jury Pool Set for Moussaoui Sentencing."
Posted at 03:40 PM by Howard Bashman




The Federal Circuit's living in the past: One year ago today, I was on vacation with the family on a cruise through the Caribbean. I thank the U.S. Court of Appeals for the Federal Circuit for the reminder, because today it issued a brand-new opinion announcing that the case was decided "February 24, 2005." I guess that's one way to prevent a timely petition for rehearing or certiorari.
Posted at 03:28 PM by Howard Bashman



"S.D. House Approves Abortion Ban Bill": The Associated Press provides a report that begins, "State lawmakers voted Friday to ban nearly all abortions in South Dakota and sent the measure to the governor, who said he is inclined to sign it. Under the legislation, doctors in South Dakota would face up to five years in prison for performing an abortion unless it was necessary to save the woman's life."

And The Argus Leader of Sioux Falls, South Dakota provides a news update headlined "House sends abortion bill to Rounds; Governor says he's inclined to sign ban."
Posted at 03:11 PM by Howard Bashman




And the answer is "no": The U.S. Court of Appeals for the Fourth Circuit today issued an opinion that begins, "The principal question presented in this appeal is whether a district court in the post-Booker world can vary from the advisory sentencing range under the Guidelines by substituting its own crack cocaine/powder cocaine ratio for the 100:1 crack cocaine/powder cocaine ratio chosen by Congress."
Posted at 02:54 PM by Howard Bashman



"Gathright himself has observed that it is 'not unusual' for people hearing his jeremiads 'to become upset' or 'angry' when, for instance, he calls women 'whores,' 'sluts,' 'Jezebels,' 'prostitutes' and 'daughters of Babylon' or, at an event celebrating tolerance of homosexuality, he dons a t-shirt reading, 'Got AIDS Yet?'" The U.S. Court of Appeals for the Ninth Circuit today has issued a decision that begins, "This case concerns the intersection of two First Amendment rights: on the one hand, the classic right of an individual to speak in the town square; on the other hand, the interest organizations have in not being compelled to communicate messages not of their choosing."
Posted at 02:45 PM by Howard Bashman



"New abortion protocol allowed": At "SCOTUSblog," Lyle Denniston has this post about today's Sixth Circuit ruling, which I previously noted here.
Posted at 02:33 PM by Howard Bashman



"Judge: No immediate BlackBerry shutdown, yet; But judge says he will issue a decision on an injunction 'as soon as reasonably possible.'" CNNMoney.com provides a report that begins, "A judge spared millions of users from an immediate shutdown of the BlackBerry portable e-mail devices on Friday. Wrapping up nearly four hours of arguments in a district court in Richmond, Va., Judge James Spencer said he would not impose an immediate injunction against BlackBerry maker Research in Motion."

The Associated Press reports that "Judge Ends BlackBerry Hearing; No Decision."

And Reuters reports that "US judge stops short of BlackBerry cutoff."
Posted at 01:38 PM by Howard Bashman




"Rehnquist court made law clearer, Scalia says; Late justice called collegial": The Milwaukee Journal Sentinel today contains an article that begins, "The United States Supreme Court is becoming more transparent thanks to 19 years of leadership by Shorewood native William Rehnquist, Justice Antonin Scalia told a crowd of attorneys Thursday afternoon at the Pfister Hotel. Scalia was the keynote speaker at a conference on the legacy of the Rehnquist court, sponsored by the Bradley Foundation and the Federalist Society." Ann Althouse was there too, and she provides this report at her blog.
Posted at 12:40 PM by Howard Bashman



"Insistent Message: Facing Shutdown Threat, Maker Of BlackBerry Digs In for Battle; RIM's Balsillie Spurns a Deal In Wireless-Patent Fight And Pushes 'Workaround'; Calling Sprint's Customers." This front page article (pass-through link) appears today in The Wall Street Journal.
Posted at 12:20 PM by Howard Bashman



"Judge Hears Arguments in Blackberry Case": The Associated Press provides this update.
Posted at 11:14 AM by Howard Bashman



"Judge begins hearing on BlackBerry's fate": Reuters provides this updated report.
Posted at 10:45 AM by Howard Bashman



Available online from Slate: Emily Bazelon has a jurisprudence essay entitled "Tight Briefs: The government's tricky lawyering in the Guantanamo Bay cases."

And William Saletan has an essay entitled "Never Say Never: The arrogance of the partial-birth abortion ban."

Coincidentally, next Monday's installment of my weekly "On Appeal" column, which should debut online tonight at law.com, is provisionally titled "Congress Puts 'Partial–Birth' Abortion Back on the Supreme Court's Agenda," and it will examine in detail the three different federal appellate court rulings (accessible via this earlier post) that have declared unconstitutional the Partial-Birth Abortion Ban Act of 2003.
Posted at 10:40 AM by Howard Bashman




"In Mexico, they call it 'la mordida' (literally, 'the bite'); in Iran, 'bakhshish'; and in France, 'pot-de-vin.' Here in America, we call it a 'payoff' and, today, the majority calls it lawful." So begins D.C. Circuit Judge Karen LeCraft Henderson's opinion issued today dissenting from that court's reversal of a D.C. Metropolitan Police Department detective's convictions on three counts of receiving illegal gratuities in violation of federal law. You can access the complete ruling at this link.
Posted at 10:33 AM by Howard Bashman



Available online from the First Amendment Center: Tony Mauro has news analyses headlined "Religious liberty gets boost in hallucinogenic tea case" and "Alito has experience in public-employee speech cases."

And a news release is entitled "Moot Court examines reporter's privilege."
Posted at 10:25 AM by Howard Bashman




U.S. Court of Appeals for the Sixth Circuit holds that an Ohio statute prohibiting the off-label use of the abortion drug RU-486 may be preliminarily enjoined: You can access today's ruling at this link.
Posted at 09:50 AM by Howard Bashman



"H&R Block Messes Up Its Own Taxes": "TaxProf Blog" provides this report.
Posted at 09:18 AM by Howard Bashman



U.S. Court of Appeals for the Third Circuit issues notice reminding counsel of the Judicial Conference's Policy on Privacy: You can access the text of the notice, described here as "new," at this link.

I discussed this issue in my recent law.com column titled "Redact This: Preserving Secrets on Appeal in the Digital Age." As the Third Circuit's Chief Judge remarked to me two days ago, "Everybody reads Bashman."
Posted at 09:15 AM by Howard Bashman




"South Dakota Poised to Pass Sweeping Abortion Ban": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:55 AM by Howard Bashman



In news from Canada: The Toronto Globe and Mail today contains articles headlined "Top-court pick praised, review process panned" and "Rothstein like 'homing missile' on legal issues; Hard-working jurist seen as fair-minded, intellectually demanding, 'bloody bright.'"

And The Toronto Star reports today that "Judge will make legal history; First nominee to face MPs' queries; Rothstein known for brilliance, wit."
Posted at 07:28 AM by Howard Bashman




"RIM says it's willing to cut a cheque; Would settle patent issues with NTP but wary of limits on future business": This article appears today in The Toronto Globe and Mail.

The Chicago Tribune reports today that "BlackBerry brigade not worried; they see options; Friday hearing could shut down service."

The Toronto Star reports that "NTP, RIM exchange final barbs; BlackBerry users await court ruling; Judge to decide fate of device in U.S."

The Atlanta Journal-Constitution reports that "BlackBerry addicts await judge's decision."

The San Jose Mercury News reports that "Judgment day arrives in dispute over patents; If a shutdown is ordered, a workaround for the text-messaging service is ready to go."

The Louisville Courier-Journal contains an article headlined "Could BlackBerry go dim? Possible shutdown leaves many uneasy."

BBC News reports that "Ruling due on Blackberry shutdown; The maker of the Blackberry device is awaiting a court decision that could force it to shut down its mobile e-mail service in the US."

c|net News.com provides reports headlined "Bye-bye, BlackBerry?" and "RIM chief: Chances of NTP deal appear slim."

Forbes.com provides a report headlined "RIM's Last Shot?"

National Post reports that "RIM holds out olive branch; BlackBerry producer willing to pay higher cut of U.S. sales in patent dispute."

The Associated Press reports that "BlackBerry Dispute Headed to Courtroom."

Reuters reports that "Fate of US BlackBerry service goes back to court."

And Bloomberg News reports that "BlackBerry Service in U.S. May Be Halted After Hearing Today."
Posted at 07:20 AM by Howard Bashman




In today's edition of The Los Angeles Times: Edward Blum has an op-ed entitled "Don't mess with Texas districts."

And Garret Keizer has an op-ed entitled "The divine irony of 'intelligent design.'"
Posted at 07:14 AM by Howard Bashman




The New York Sun is reporting: In today's newspaper, Josh Gerstein reports that "U.S. Readies Case Against Tort Lawyers."

And in other news, "Americans Sue French Bank In Terror Case."
Posted at 07:10 AM by Howard Bashman




"Appeals court reinstates lawsuit over photo in magazine's sex article": The Associated Press provides this report. My earlier coverage is here.
Posted at 07:02 AM by Howard Bashman



"Obscenity ruling's impact uncertain": The Atlanta Journal-Constitution today contains an article that begins, "A federal appeals court ruling could limit the ability of local governments to prosecute stores selling adult videos and sex toys." My earlier coverage is here.
Posted at 07:00 AM by Howard Bashman



"Special Counsel in Plame Case Invalid, Libby Contends": The Washington Post today contains an article that begins, "Attorneys for Vice President Cheney's former top aide argued yesterday that a federal court should dismiss all charges against him because a special prosecutor lacked the legal authority to bring the charges."

And The Washington Times reports today that "Libby's attorneys seek to dismiss indictment."
Posted at 06:50 AM by Howard Bashman



Thursday, February 23, 2006


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Death Penalty in Limbo After California Postponement."

And today's broadcast of "Talk of the Nation" contained a segment entitled "Medical Ethics and Capital Punishment."

RealPlayer is required to launch these audio segments.
Posted at 10:08 PM by Howard Bashman




Available online from law.com: In news from Georgia, "Courthouse Shooting Suit by Judge's Widow Clears First Hurdle; Judge rejects Fulton claim that workers' compensation law trumps suit."

In news from Texas, "Contract Law Found to Govern Disposition of Frozen Embryos in Divorce."

And an article is headlined "Defending Ken Lay."
Posted at 10:02 PM by Howard Bashman




"Government merits brief in Hamdan": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Solicitor General on Thursday filed the federal government's brief on the merits in the case challenging the war crimes 'military commissions' set up for terrorism suspects at Guantanamo Bay, Cuba." The brief can be accessed at this link.
Posted at 09:55 PM by Howard Bashman



In Friday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "Doctors and executions: After two refuse to assist a lethal injection in California, debate over end-of-life ethics grows" and "Is self-defense law vigilante justice? Some say proposed laws can help deter gun violence; Others worry about deadly confrontations."
Posted at 09:10 PM by Howard Bashman



Tuesday, March 14, 2006, at noon in Columbus, Ohio: Law Professor Doug Berman (of the "Sentencing Law and Policy" blog) and I will be speaking at a luncheon, sponsored by the Columbus Lawyers Chapter of the Federalist Society, on the subject of law-related blogs. The event is open to the public, but pre-registration is required. Details here. Earlier that day, I may also pay a visit to the Ohio Judicial Center.
Posted at 05:45 PM by Howard Bashman



"Justice Scalia on the Role of Foreign Authority": Roger Alford has this post at "Opinio Juris."
Posted at 05:33 PM by Howard Bashman



From death row to a free man: The Associated Press provides a report headlined "Fla. Supreme Court Acquits Condemned Man." You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 05:32 PM by Howard Bashman



Suing over a kidney vs. the common-law public policy against recognizing property rights in human corpses: The majority on a divided three-judge Second Circuit panel recognizes that no oddball tort case would be complete without a certification of difficult questions to the New York Court of Appeals. You can access today's Second Circuit ruling at this link.
Posted at 05:22 PM by Howard Bashman



"An Unassuming Decision: The Court's recent decision on religious freedom is excellent." Law Professor Richard W. Garnett has this essay today at National Review Online.
Posted at 04:50 PM by Howard Bashman



"Clerk-Off: Are law clerks staffers?" Law Professor Tim Wu has this jurisprudence essay online at Slate.
Posted at 04:40 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Google Case Puts Focus on Web Thumbnail Photos" and "Amid Medical Reluctance, California Delays Execution" (RealPlayer required).
Posted at 04:20 PM by Howard Bashman



"The fate of BlackBerry service rests in this man's hands; James Spencer has expressed frustration that RIM and NTP didn't find a way to settle their patent fight": The Toronto Globe and Mail today contains an article that begins, "So it all comes down to this: three million BlackBerrys, two companies, one judge and a very big decision. With the stroke of his gavel tomorrow, U.S. District Court Judge James Spencer can switch off most BlackBerrys across the U.S."

The Richmond Times-Dispatch reported yesterday that "BlackBerry decision nears; A ruling on Friday could shut down the service or levy a financial penalty."

CNNMoney.com reports that "BlackBerry dispute showdown nears; Upcoming hearing could prove to be turning point in the protracted legal battle."

And The Associated Press reports that "NTP Accuses RIM of Using Political Clout."
Posted at 04:15 PM by Howard Bashman




"Rothstein tapped as Supreme Court nominee": The Toronto Globe and Mail provides a news update that begins, "Mr. Justice Marshall Rothstein of the Federal Court of Appeal has been nominated to fill the vacant seat on Canada's highest court, Prime Minister Stephen Harper said Thursday."

And The Toronto Star reports that "Rothstein named to top court; New justice faces first-ever questioning by MPs."
Posted at 04:10 PM by Howard Bashman




Stacy Stanton is not sexually promiscuous: The U.S. Court of Appeals for the First Circuit has today issued a decision that begins, "Stacy Stanton has appealed the dismissal of her state-law defamation action against Metro Corp., which arises out of the publication of her photograph alongside an article entitled 'The Mating Habits of the Suburban High School Teenager.'" Today's ruling reverses the dismissal of Stanton's lawsuit.

You can access the text of the article, published in the May 2003 issue of Boston magazine, at this link. And in earlier coverage of the case, Privacy Litigation Reporter had an article about the district court's ruling headlined "Teen Loses Suit Over Use of Photo With Sex Article."
Posted at 03:00 PM by Howard Bashman




A pro-Moussaoui jury proves difficult to find: The Associated Press provides a report headlined "Defense: Jury Stacked Against Moussaoui."
Posted at 02:50 PM by Howard Bashman



"Boalt Hopefuls Receive Accidental E-mail; Official Erroneously Sends Out Thousands Of Reception Invitations": This article appears today in The Daily Californian.
Posted at 02:14 PM by Howard Bashman



"Court will rehear school case; The challenge to Kamehameha Schools' policy will go before 15 judges of the 9th Circuit Court": The Honolulu Star-Bulletin contains this article today.

And The Honolulu Advertiser reports today that "Court gives hope to Kamehameha Schools."

Additional related links are available via this earlier post.
Posted at 02:00 PM by Howard Bashman




"Peyote charges dropped; Mooney links action to top court's ruling, vows to resume ceremonies": This article appears today in The Deseret Morning News.

The Salt Lake Tribune reports today that "Couple agree to end peyote use if feds drop drug charges."

And The Associated Press reports that "Charges Dropped vs. Couple in Peyote Case."
Posted at 10:20 AM by Howard Bashman




"Milberg Weiss Partners to Be Indicted Within Month, Lawyer Says": Bloomberg News provides a report that begins, "Steven Schulman and David Bershad, partners in New York's Milberg Weiss Bershad & Schulman, were told by prosecutors that they will be indicted within the next month on charges they participated in a scheme to pay kickbacks to clients, Schulman's lawyer said."
Posted at 10:12 AM by Howard Bashman



"Yoo Says President's Powers Sufficiently Checked by Congress": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:20 AM by Howard Bashman



"State Will Help Shape Fate of Lethal Injection; The Morales case gives California a key role in a national debate over the method's humaneness": Henry Weinstein has this article today in The Los Angeles Times. The newspaper also contains an editorial entitled "A deadly clarity."

The New York Times reports today that "Lethal Injection Draws a New National Spotlight."

The Chicago Tribune reports that "Doctors' stand renews death penalty debate; Last-minute rejection of role in execution raises ethics questions."

The Sacramento Bee contains articles headlined "State's death penalty on hold; The legal wrangling may last most of the year, official says" and "For doctors, the debate goes beyond executions."

In The San Francisco Chronicle, Bob Egelko reports that "Lethal-injection method on trial across the U.S."

And The San Jose Mercury News contains an article headlined "Death penalty debate reopened," along with an editorial entitled "New scrutiny for lethal injection; State must ensure that execution method is not cruel and unusual punishment" and an op-ed by Scott Herhold entitled "Physicians should shun executions."
Posted at 07:30 AM by Howard Bashman




"The Anti-Kelo Case: Oregon offers the nation a model for reform." The Wall Street Journal contains this editorial (free access) today.
Posted at 07:27 AM by Howard Bashman



"Enron Secretary Defends Her Criticism of Executives": This article appears today in The New York Times.

And today in The Houston Chronicle, Mary Flood has an article headlined "Unruffled, ex-exec says she followed company line."
Posted at 07:25 AM by Howard Bashman




"Supreme Court could shake up Texas political map; If it throws out redistricting, races will get complicated": Carl P. Leubsdorf has this essay today in The Dallas Morning News.
Posted at 07:24 AM by Howard Bashman



"Ban on Most Abortions Advances in South Dakota": This article appears today in The New York Times.

The Washington Post today contains a front page article headlined "S.D. Abortion Bill Takes Aim at 'Roe'; Senate Ban Does Not Except Rape, Incest."

The Sioux Falls Argus Leader reports that "Senate OKs abortion ban; Amendments send bill to House to reconcile changes before Rounds' decision."

And The Rapid City Journal reports that "Senate passes abortion ban."
Posted at 07:22 AM by Howard Bashman




"For Governor, a Supreme Opportunity; Picks Could Swing Court on Death Penalty, Gay Marriage": The Washington Post today contains an article that begins, "Maryland's next governor will leave his imprint on the state's highest court to an extraordinary degree, filling at least three of seven seats and potentially influencing the direction of the state judiciary on the death penalty, gay marriage and other contentious issues."
Posted at 07:15 AM by Howard Bashman



"S.C. evidence law faces heat; Several justices fire tough questions over death-row conviction": Today's edition of The Charlotte Observer contains an article that begins, "Several justices of the U.S. Supreme Court sounded skeptical Wednesday about an S.C. rule that barred a condemned York County man from introducing evidence pointing to another possible suspect."
Posted at 07:12 AM by Howard Bashman



"Lefkow marks sad anniversary; Judge thanks friends and strangers, backs heightened security": The Chicago Tribune today contains an article that begins, "Nearly a year after her husband and mother were murdered by a man whose claims she had dismissed in court, U.S. District Judge Joan H. Lefkow on Wednesday issued a statement thanking strangers and colleagues for their kindness and reaffirming her desire to heighten security for judges." The newspaper has posted the text of the statement at this link.

And The Chicago Sun-Times reports today that "Lefkow 'healing' a year after husband, mom slain."
Posted at 07:10 AM by Howard Bashman




"Debt to Society Is Least of Costs for Ex-Convicts": In today's edition of The New York Times, Adam Liptak has an article that begins, "It is increasingly expensive to be a criminal."
Posted at 07:02 AM by Howard Bashman



"Justices Curb Postal Service's Immunity From Lawsuits": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Justices Allow Personal-Injury Suits Against Postal Service."

In USA Today, Joan Biskupic has an article headlined "High court: Injured woman can sue Postal Service."

And in The Philadelphia Inquirer, Stephen Henderson has an article headlined "Court: Post office can be sued."
Posted at 06:55 AM by Howard Bashman



Wednesday, February 22, 2006


"Parsing pain: As he spoke to the Heritage Foundation, you would never have guessed that mild-mannered John Yoo paved the legal road to torture." Walter Shapiro has this essay online at Salon.com.
Posted at 11:22 PM by Howard Bashman



"Redistricting question resurrected": The Pueblo (Colo.) Chieftain today contains an article that begins, "News that the U.S. Supreme Court would hear a Republican Party challenge to the state's 2003 redistricting ruling drew a venomous response from state Democrats on Tuesday."
Posted at 10:24 PM by Howard Bashman



"Justices agree to hear abortion case; Court-watchers eager to see how Alito and Roberts rule": Charlie Savage has this article today in The Boston Globe.

Today in The Houston Chronicle, Patty Reinert reports that "High court sets stage for ruling on abortion; Bush appointee Alito could cast deciding vote on partial-birth case."

The Lincoln Journal Star reports that "Supreme Court to hear Nebraska abortion case."

The Newark (N.J.) Star-Ledger reports that "Top court to consider U.S. curb on abortions; Debate on 'partial-birth' ban is set for fall."

The Toronto Globe and Mail reports that "U.S. reopens abortion debate; In move decried as 'dangerous' for women, top court plans to review partial-birth ban."

The Australian reports that "US to rule on late-term abortion."

The Cincinnati Enquirer contains an article headlined "Chabot: Law should stand; Supreme Court will review ban of late-term abortion procedure."

The Cincinnati Post reports that "Abortion foes look to court."

And The Bergen (N.J.) Record reports that "Both sides brace for pivotal decision."
Posted at 10:15 PM by Howard Bashman




"It's settled: Measure 37 lives; Oregon justices answer the land-use law's biggest question, but others remain." This article appears today in The Oregonian, along with articles headlined "Some farmers see eased restrictions as a way to sell a few acres and stay in business" and "Governor's race: Challengers fault Kulongoski, but he defends his role."

And The Salem Statesman Journal today contains articles headlined "High court upholds Measure 37; State and counties face thousands of land-use claims" and "Mixed opinions greet court's land-use ruling; Residents say that questions remain despite the decision."
Posted at 10:04 PM by Howard Bashman




"Supreme Court says Oregon's top court erred in Guzek case": The Oregonian provides this news update.
Posted at 09:55 PM by Howard Bashman



"Why Summary Judgment is Unconstitutional": Law Professor Suja Thomas has posted this article (abstract with link to download) online at SSRN. The "Legal Theory Blog" describes it as a "very provocative and remarkably persuasive piece."
Posted at 09:50 PM by Howard Bashman



"Nation's eyes are on South Dakota as abortion bill passes senate, 23 to 12": The Sioux Falls Argus Leader provides this news update.

And The New York Times provides a news update headlined "South Dakota Approves Bill Outlawing Nearly All Abortions."
Posted at 08:54 PM by Howard Bashman




"Appeals Court to Rehear Admissions Policy Challenge; 9th Circuit grants Kamehameha Schools' petition for en banc review": Kamehameha Schools issued this statement today regarding the news I earlier noted here.
Posted at 07:35 PM by Howard Bashman



Second Circuit holds that United Air Line's $25 million "Property Terrorism & Sabotage" insurance policy does not cover the airline's lost gross earnings attributable to the September 11, 2001 terrorist attacks, other than those that may have resulted from the destruction of its ticket office in the World Trade Center in New York: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 07:32 PM by Howard Bashman



"There is little caselaw addressing the issue whether the RFRA applies to an action by a private party seeking relief under a federal statute against another private party who claims that the federal statute substantially burdens his or her exercise of religion." The majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit today issued an interesting decision. The majority concludes that the Religious Freedom Restoration Act of 1993 may preclude a minister's federal age discrimination claim against his church, thereby eliminating any need for the Second Circuit to consider whether to adopt the controversial "ministerial exception" to the ADEA. But the majority stops short of reaching a definitive holding regarding RFRA's impact on the ADEA, leaving the question to be addressed in the first instance on remand.

You can access the majority opinion here and the dissenting opinion here.
Posted at 07:15 PM by Howard Bashman




"South Dakota to Vote on Far-Reaching Abortion Ban": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:58 PM by Howard Bashman



The Associated Press is reporting: An article reports that "Federal Appeals Court Rejects N.J. Rig Ban." My earlier coverage is here.

And in other news, "S.D. Senate Bill to Ban Most Abortions" and "Judge Adds to Moussaoui Jury Pool."
Posted at 06:55 PM by Howard Bashman




"Circuit Judge Wallace Honored for Service to Courts": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 06:50 PM by Howard Bashman



"Court to rehear Kamehameha admissions case": The Honolulu Advertiser provides a news update that begins, "The U.S. 9th Circuit Court of Appeals will rehear the case involving a non-Hawaiian student seeking to enroll at Kamehameha Schools. The ruling today is a blow to the hopes of the unnamed non-Hawaiian student seeking to gain entrance to the school whose policy is aimed at admitting only students with Hawaiian blood."

And The Associated Press reports that "Appeals court agrees to rehear Kamehameha admission case."

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

The now-vacated ruling by a partially-divided three-judge Ninth Circuit panel can be accessed here. I collected press coverage of that ruling at this link, while my coverage of that ruling is here.
Posted at 06:23 PM by Howard Bashman




Programming note: I'll be attending a reception at the federal courthouse in Philadelphia this afternoon commemorating the opening of a new exhibit there called "The Lincolns in Philadelphia." Additional posts will appear here later today.
Posted at 02:55 PM by Howard Bashman



Federal Circuit affirms dismissal of patent infringement suit against maker of "The Club" vehicle anti-theft device: You can access today's ruling at this link.
Posted at 02:54 PM by Howard Bashman



"Panel will examine effect of Alito on women's issues": This article appears today in The Penn State Collegian.
Posted at 02:48 PM by Howard Bashman



The Sacramento Bee is reporting: Today's newspaper contains articles headlined "New justices hear wetlands case; Clean Water Act ruling will offer first look at environmental stances"; "Court upholds church rite; Chief Justice Roberts writes opinion on use of hallucinogen"; and "Court backs state in ad fight; Tobacco firms tried to halt tax funding of don't-smoke pitches."

Meanwhile, in death penalty-related news, "Morales' execution postponed; The state decides to wait after a judge sets new limits on lethal injection" and "Doctors found death duty unethical; Now, legislation is proposed to ensure physicians won't be called to participate."
Posted at 02:44 PM by Howard Bashman




"Google infringes on nude photo site: court papers." Reuters provides this report.

And The San Jose Mercury News reports today that "Google loses fight over photo links."

The recent ruling of the U.S. District Court for the Central District of California can be accessed here.
Posted at 02:38 PM by Howard Bashman




"Supreme Court Puts Sentencing In California on Shaky Ground": Brent Kendall of The Daily Journal of California provides this report.
Posted at 02:33 PM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "Justices Say Contractor Can't Sue Domino's."

And in other news, "Justices Debate Right to Blame Others."
Posted at 02:18 PM by Howard Bashman




"BlackBerry maker scores patent win; U.S. Patent and Trademark Office issues final rejection on one of the patents at issue in infringement dispute": CNNMoney.com provides this report.
Posted at 01:10 PM by Howard Bashman



"Top court rejects new alibi evidence at sentencing": James Vicini of Reuters provides this report.
Posted at 01:08 PM by Howard Bashman



When will this Bad Marriage end? Today a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has delivered its latest ruling in United States v. Bad Marriage, known colloquially as Bad Marriage II. My earlier coverage of Bad Marriage I can be accessed here.
Posted at 01:00 PM by Howard Bashman



Hot or not? What do the attorneys involved in the testy Boston-area email tiff look like? Thanks to CNN.com's online video library, you can bring speculation to a close by clicking here. My earlier coverage of the matter can be accessed via this link.
Posted at 12:54 PM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "Justices Allow Postal Customers to Sue."

And in other news, "Justices Rule Against Alibis at Sentencing."
Posted at 12:08 PM by Howard Bashman




"We have an open government, and secret trials are inimical to the spirit of a republic, especially when a citizen's liberty is at stake." Holding that a federal district court violated the Sixth Amendment rights of a criminal defendant charged with aggravated sexual abuse by closing the courtroom during the testimony of the children whom the defendant allegedly abused, today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit reversed the defendant's conviction and ordered a new trial. The opinion can be accessed here.
Posted at 11:44 AM by Howard Bashman



Jess Bravin is reporting: Today in The Wall Street Journal, he has articles headlined "Justices Agree to Hear Abortion Case; As Alito Takes Up Duties, Court Decides to Review Ban On 'Partial Birth' Procedure" and "High Court Backs Sect's Right To Use Hallucinogen" (pass-through links).
Posted at 11:10 AM by Howard Bashman



"Supreme Court revives bias case; Could restore verdict in case against Tyson": The Birmingham News today contains an article that begins, "A racial bias case against Tyson Foods by two black men from Gadsden was revived Tuesday by the U.S. Supreme Court, which said the use of the term 'boy' in the workplace could be considered evidence of discrimination."
Posted at 11:05 AM by Howard Bashman



"Justices May Hear Detainee's Appeal": The Washington Post today contains an article that begins, "The Supreme Court refused yesterday to dismiss a case that challenges the legality of military trials for terrorism suspects, declining to immediately accept the Bush administration's argument that a new law has stripped the court of its ability to consider the matter."
Posted at 11:00 AM by Howard Bashman



The Toronto Globe and Mail is reporting: Today's newspaper contains articles headlined "Supreme Court short list tests conservative mettle" and "Rivals at the ready if RIM hit; Court to hear final arguments in U.S. patent dispute."
Posted at 10:55 AM by Howard Bashman



Even more press coverage of that dam case: The Portland (Me.) Press Herald reports today that "Maine dam case argued at high court."
Posted at 10:50 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Ark. Can't Sue Okla. Over Water Pollution"; "Judge to Speed Moussaoui Jury Selection"; and "Justice Dept. Limited in Blackberry Case."
Posted at 10:45 AM by Howard Bashman



"Sex tape violates privacy, Kid Rock lawsuit argues": The Detroit Free Press today contains an article that begins, "Lawyers for Kid Rock went to federal court Tuesday to block the release of an explicit sex video featuring the rap-rocker, several women and former Creed singer Scott Stapp. The Detroit musician got an initial victory when District Judge John Feikens signed a temporary restraining order that said the company planning to sell the video had to take a preview clip down from its Web sites."
Posted at 10:44 AM by Howard Bashman



The Detroit News is reporting: Today's newspaper contains an article headlined "Court reviews Mich. wetlands; Case could redefine government's role in protecting remote and threatened ecosystems."

And in other news, "It's OK to walk on the beach; U.S. high court lets stand Michigan ruling allowing strolls along Lakes' shorelines."
Posted at 10:40 AM by Howard Bashman




Today's U.S. Supreme Court opinions in argued cases: The Court today issued a total of four opinions in argued cases. Because these four cases were argued before Justice Samuel A. Alito, Jr. joined the Court, he did not participate in any of these rulings.

The Court's first opinion issued today comes in the case of Oregon v. Guzek, No. 04-928. The syllabus can be accessed here; Justice Stephen G. Breyer's opinion of the Court here; Justice Antonin Scalia's opinion concurring in the judgment, in which Justice Clarence Thomas joined, here; and the oral argument transcript here.

The Court's second opinion issued today comes in the case of Arbaugh v. Y & H Corp., No. 04-944. You can access the syllabus here; Justice Ruth Bader Ginsburg's opinion for a unanimous Court here; and the oral argument transcript here.

The Court's third opinion issued today comes in the case of Dolan v. U.S. Postal Service, No. 04-848. You can access the syllabus here; Justice Anthony M. Kenendy's opinion of the Court here; Justice Thomas's dissenting opinion here; and the oral argument transcript here.

The Court's fourth and final opinion issued today came in the case of Domino's Pizza, Inc. v. McDonald, No. 04-593. You can access the syllabus here; Justice Scalia's opinion for a unanimous Court here; and the oral argument transcript here.

At "SCOTUSblog," Lyle Denniston provides a post titled "No right to claim innocence."
Posted at 10:15 AM by Howard Bashman




"Hearings were harsh, Meese says": The Richmond Times-Dispatch today contains an article that begins, "Former U.S. Attorney General Edwin Meese III last night condemned what he termed the vicious attacks by left-leaning groups and legislators against judicial nominees who favor judicial restraint."
Posted at 09:24 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Execution Delayed Indefinitely in California" and "Judge Orders Wiretaps Revealed for Trial" (RealPlayer required).
Posted at 09:14 AM by Howard Bashman



"Alito Keeps Telling Supreme Court How They Did Things In Circuit Court": The brand new issue of The Onion contains this newsbrief.
Posted at 09:08 AM by Howard Bashman



"Justice Alito's Welcome": This editorial appears today in The New York Times.
Posted at 07:32 AM by Howard Bashman



"U.S. justices decline to hear Fumo appeal; Yesterday's action will not affect a federal probe of the state senator and a nonprofit organization": An interview that I participated in yesterday is mentioned in this article published today in The Philadelphia Inquirer.
Posted at 07:30 AM by Howard Bashman



USA Today is reporting: In today's newspaper, Joan Biskupic has articles headlined "High court to hear case on abortion; Justices to review 'partial birth' ban" and "High court allows hallucinogenic tea; Sect uses drink in communion ritual."

And in news from California, "Execution's delay reflects fight over injections."
Posted at 07:28 AM by Howard Bashman




"Ex-executive says Lay lied to analysts, investors": Mary Flood has this article today in The Houston Chronicle, along with an article headlined "Juror may be taking grief from employer."

And The New York Times reports today that "Executives Modified Enron Data, Jury Is Told."
Posted at 07:25 AM by Howard Bashman




In today's edition of The Los Angeles Times: David G. Savage has articles headlined "Major Abortion Case Goes to Justices"; "Congregation Is Allowed Its Tea; The Supreme Court rules against the Bush administration and permits a sect to use a hallucinogen ritually"; "Roberts, Scalia See Limits to the Reach of Clean Water Act; Alito could be a swing vote in a case testing the pollution law's role in wetlands and streams"; and "California's Sentencing to Be Reviewed by Court."

In other news, "State Halts Execution to Review Procedure; Officials are unable to meet a judge's demand that a lethal injection be overseen by a doctor; Effects on the death penalty are unclear" and "Doctors Wary of Crossing Line; Most physician groups believe participation violates the ethical rule of 'do no harm'; Some experts say their presence is unnecessary."

An article reports that "Property Rights Law Is Upheld in Oregon."

In other news, "Google's Image Search Set Back; A judge's ruling could require the Web giant to exclude a publisher's copyrighted photos." The ruling can be accessed here.

An article reports that "No Charges Against Lawyers Seen; Plaintiffs attorneys William Lerach and Melvyn Weiss won't be indicted in an alleged kickback scheme, a source says."

And an editorial is entitled "High court concerns."
Posted at 07:22 AM by Howard Bashman




"School board paying court costs in ID case": The Chicago Tribune today contains an article that begins, "The Dover Area School Board on Tuesday night agreed to pay $1 million in court costs incurred by 11 parents who charged the rural Pennsylvania district with unconstitutionally teaching intelligent design and won their suit in federal district court last December."

The York Daily Record today contains an article headlined "Dover ID bill: $1M."

And The Philadelphia Inquirer reports that "Dover schools to pay $1 million."
Posted at 07:15 AM by Howard Bashman




"Courting controversy: Chief Justice Cappy is cleared -- sort of." This editorial appeared last Friday in The Pittsburgh Post-Gazette.
Posted at 07:10 AM by Howard Bashman



The Chicago Tribune is reporting: Today's newspaper reports that "Censorship ruling upheld; High court rejects college paper's case."

An article reports that "Fight brews on wine shipping law."

And an editorial is entitled "Bloggy, we hardly knew ye."
Posted at 07:05 AM by Howard Bashman




In today's edition of The Washington Post: Dana Milbank's Washington Sketch column is headlined "High Court's Newbie Rounds the Learning Curve."

An article reports that "High Court To Hear Case On Royalties For Synagis."

In business news, "Canada Lobbies for Maker of BlackBerry; Officials Contacting U.S. on Patent Review."

An article headlined "Press Can Be Prosecuted for Having Secret Files, U.S. Says" begins, "The Bush administration said that journalists can be prosecuted under current espionage laws for receiving and publishing classified information but that such a step 'would raise legitimate and serious issues and would not be undertaken lightly,' according to a court filing made public this week."

In other news, "California Puts Execution Off After Doctors Refuse to Help."

And a front page article is headlined "With a Wink, Alleged Plot To Foil a Trial Set in Motion; Woman on D.C. Jury Knew Defendant, Wife."
Posted at 07:00 AM by Howard Bashman




In today's edition of The New York Times: An article headlined "U.S. Case Against 2 Lawyers Appears to Falter" begins, "For the influential class-action lawyer William S. Lerach, the news that arrived late last Friday was a step closer to vindication. Mr. Lerach and a former partner, Melvyn I. Weiss, were informed by government investigators that no charges would be filed against them for now in a five-year-old inquiry into allegations that the two used illegal tactics in shareholder lawsuits, lawyers involved in the case said yesterday."

And in other news, "Court Rejects Abuse Claims Citing Church" and "New York's Top Court Reverses Man's Conviction on Gun Charge."
Posted at 06:50 AM by Howard Bashman




"The Essence of Marriage and Equality: The New Jersey Supreme Court Considers Same-Sex Marriage." Sherry F. Colb has this essay online today at FindLaw.
Posted at 06:40 AM by Howard Bashman


Tuesday, February 21, 2006


In Wednesday's edition of The Washington Post: Charles Lane will have articles headlined "Abortion Case to Test New Justices; Court Will Review 'Partial Birth' Ban" and "Court Hears Water Act Arguments; Control of Wetlands at Issue in Michigan Case."

And in other news, "Ruling Protects Sect's Use of Hallucinogenic Tea."
Posted at 11:12 PM by Howard Bashman




In Wednesday's edition of The New York Times: Linda Greenhouse will have articles headlined "Justices to Review Federal Ban on Disputed Abortion Method" and "Sect Allowed to Import Its Hallucinogenic Tea."

An article will report that "Justices Debate Federal Role in Regulating Water Pollution."

In other news, "South Dakota Lawmakers Set to Vote on a Bill Banning Nearly All Abortions."

And in news from California, "Questions Over Method Lead to Delay of Execution."
Posted at 11:04 PM by Howard Bashman




Available online from law.com: Tony Mauro reports that "Alito's First Day on High Court Packed With Key Issues."

Shannon P. Duffy reports that "Lottery Winners Lose Tax Appeal Before 3rd Circuit."

An article reports that "Perfect 10 Racks Up Preliminary Injunction Against Google." The ruling of the U.S. District Court for the Central District of California can be accessed here.

And Justin Scheck reports that "Lerach, Weiss May Not Face Indictments."
Posted at 10:55 PM by Howard Bashman




"Calif. Execution Postponed Indefinitely": David Kravets of The Associated Press provides an updated report that begins, "The state on Tuesday postponed indefinitely the execution of a condemned killer amid a court battle over the state's method of lethal injection and the role doctors may play in the death chamber."
Posted at 09:13 PM by Howard Bashman



"U.S. Supreme Court Justice Scalia on Outsourcing American Law": Via C-SPAN, you can view by clicking here (RealPlayer required) the program at which, according to The Associated Press, Justice Antonin Scalia was heckled today. The heckler was escorted from the room shortly after the 43-minute mark of C-SPAN's telecast, so at least he got to hear Tom Goldstein's question for Justice Scalia.

Update: Ted Frank was there and has this post at "PointofLaw.com."
Posted at 09:00 PM by Howard Bashman




"Supreme Court to hear Nebraska late-term abortion case": The Lincoln Journal Star provides this news update.
Posted at 08:48 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": Nina Totenberg delivered reports entitled "High Court Takes Up Partial-Birth Abortion Case" and "High Court Hears Challenge to Clean Water Act."

And this evening's broadcast also contained segments entitled "Wetlands Show Effect of Court's Last Decision"; "Memo Criticizes Policy Toward Guantanamo Detainees"; and "Execution Will Occur Tonight, California Says."

RealPlayer is required to launch these audio segments.
Posted at 08:33 PM by Howard Bashman




"Law Reviews Adapt to New Era": Brandt Goldstein has this article (pass-through link) online today at The Wall Street Journal's web site (via "The Volokh Conspiracy"). This spring at Harvard Law School, there's scheduled to be an impressive symposium on the subject titled "Bloggership: How Blogs Are Transforming Legal Scholarship."
Posted at 08:15 PM by Howard Bashman



"Dirty Water: The Supreme Court takes a long, tall drink from the Clean Water Act." Online at Slate, Dahlia Lithwick has this Supreme Court dispatch. Therein, she writes, "Justice Samuel Alito, who asks one question three minutes into oral argument then remains silent for the rest of the case, can't seem to sit still; twitching, shifting, gulping his water, and trying out the various rocking settings on his chair. It's like he thinks we are all staring at him, which we are."
Posted at 08:10 PM by Howard Bashman



"Supreme Court Reopens Abortion Issue on Alito's First Day": Linda Greenhouse of The New York Times provides this news update. Echoing a point that I noted in a post earlier today, Greenhouse reports that "The court had the administration's appeal under review since early January. It may have deferred action as a courtesy to Justice Alito, who participated in his first closed-door conference with the other justices last Friday."

And Stephen Henderson of Knight Ridder Newspapers reports that "Supreme Court to look at federal ban on late-term abortion."
Posted at 08:05 PM by Howard Bashman




"Hecklers Disrupt Scalia at D.C. Appearance": The Associated Press provides this report. More details on the event can be accessed here.
Posted at 06:10 PM by Howard Bashman



Warren Richey is reporting: In tomorrow's edition of The Christian Science Monitor, in addition to the article I earlier noted here, he will also have articles headlined "If judges screen evidence, is the jury usurped? The high court Wednesday considers a judge's role in deciding what evidence the accused can present" and "High court upholds rights of minority sects vs. US drug laws."
Posted at 06:08 PM by Howard Bashman



"Moussaoui Team Seeks Rep. Weldon Testimony": The Associated Press provides a report that begins, "Defense lawyers for confessed al-Qaida conspirator Zacarias Moussaoui said Tuesday they oppose efforts of a Pennsylvania congressman to avoid testifying at Moussaoui's death-penalty trial."

The motion to quash and supporting brief of U.S. Representative Curt Weldon (R-PA) are available online at the foregoing links.

And in another noteworthy development, last Friday a group of press organizations sought to intervene in the Moussaoui case to gain access to parts of the trial record that the federal district court had announced would remain closed. The news organizations' brief can be accessed here.
Posted at 05:45 PM by Howard Bashman




"Anti-Abortion Group Backs Fired Pregnant Teacher; Group Says Catholic School Is Encouraging Abortion by Firing Woman": ABC News provides this written report.
Posted at 05:35 PM by Howard Bashman



New York State's definition of "Hispanic" does not violate the Fourteenth Amendment's equal protection clause even though the definition excludes people of Spanish or Portuguese descent who do not also come from Latin America: The U.S. Court of Appeals for the Second Circuit issued this ruling today. The State uses the definition to certify minority-owned businesses for possible affirmative action.
Posted at 05:25 PM by Howard Bashman



"Alito's First Day on High Court a Busy One": law.com's Tony Mauro provides this news update.
Posted at 05:08 PM by Howard Bashman



"State's prayer feud takes national stage; Bill would bar judges from having a say in how lawmakers pray": The Indianapolis Star today contains an article that begins, "U.S. Rep. Mike Sodrel, R-Ind., wants to take away federal judges' power to rule on the content of prayer in state legislatures."

And that newspaper also provides a news update headlined "Sodrel steps into Statehouse prayer dispute."
Posted at 04:44 PM by Howard Bashman




"U.S. Expected to End Inquiry of 2 Class-Action Lawyers": The New York Times provides a news update that begins, "After five years, a wide-ranging federal investigation of the famed class-action lawyer William S. Lerach and his former partner, Melvyn I. Weiss, is expected to end in a few weeks with no charges being brought against either of them for now, according to people close to the investigation."
Posted at 04:33 PM by Howard Bashman



"Alito Hears His First Supreme Court Cases": Gina Holland of The Associated Press provides a report that begins, "Supreme Court Justice Samuel Alito's first day on the bench ended a bit abruptly: He cut off Ruth Bader Ginsburg in his rush to leave the courtroom."

And The AP also provides an article headlined "High Court Weighs Clean Water Act Limits."
Posted at 04:25 PM by Howard Bashman




"New abortion case for court; Supreme Court decides to reexamine the so-called partial-birth procedure, which Congress severely limited in 2003": Warren Richey will have this article in Wednesday's issue of The Christian Science Monitor.

And Bloomberg News reports that "'Partial Birth' Abortion Ban Gets High Court Review."
Posted at 03:25 PM by Howard Bashman




On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "High Court Agrees to Hear Abortion Case" (featuring Dahlia Lithwick) and "The Medical Ethics of the Death Penalty." RealPlayer is required to launch these audio segments.
Posted at 03:15 PM by Howard Bashman



What should a federal district court do if a criminal defendant runs out of money to pay his retained defense counsel on the eve of trial? The U.S. Court of Appeals for the Second Circuit today issued a lengthy opinion addressing that question.
Posted at 03:10 PM by Howard Bashman



"Oregon Property Rights Law Upheld": The Associated Press provides a report that begins, "The Oregon Supreme Court on Tuesday upheld a voter-approved property rights law that requires governments to either pay landowners for losses caused by state land-use regulations or waive the regulation and allow development."

The Oregonian provides a news update headlined "Supreme Court says yes to Measure 37."

And The Salem Statesman Journal provides a news update headlined "Reaction to Measure 37 ruling mixed."

You can access today's ruling of the Supreme Court of Oregon at this link.
Posted at 02:58 PM by Howard Bashman




Reuters is reporting: James Vicini has reports headlined "Reshaped U.S. high court takes abortion case" and "Top court won't review college newspaper censorship."

And in other news, "Top court rejects challenge to anti-smoking ads."
Posted at 02:35 PM by Howard Bashman




"Supreme Court to Determine Licensee's Right to Sue for Declaratory Judgment of Invalidity or NonInfringement": "Patently-O: Patent Law Blog" provides this post.

And The Associated Press reports that "Supreme Court to Hear MedImmune Case."
Posted at 02:22 PM by Howard Bashman




The dormant Commerce Clause is violated by New Jersey's limitations on where large trucks passing through the State may travel, Third Circuit rules: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 12:54 PM by Howard Bashman



"The issue before us is whether plaintiffs' status as aliens who are not legally authorized to work in the United States precludes their recovery of lost earnings." Today the Court of Appeals of New York, that State's highest court, ruled that illegal aliens can recover lost wages. You can access the opinion at this link.
Posted at 12:40 PM by Howard Bashman



"Justices tackle late-term abortion issue": CNN.com provides this report.

And David G. Savage of The Los Angeles Times provides a news update headlined "High Court to Address 'Partial-Birth' Abortions."
Posted at 12:11 PM by Howard Bashman




Reuters is reporting: James Vicini reports that "US court to decide federal ban on some abortions."

And in other news, "US top court allows religious hallucinogenic tea" and "High court will review MedImmune suit dismissal."
Posted at 11:05 AM by Howard Bashman




The Associated Press is reporting: Gina Holland reports that "Court Allows Church's Hallucinogenic Tea"; "Court Renews Racial Discrimination Case"; "Court Won't Hear Campus Newspaper Appeal"; and "Justices Reject Pa. Death Penalty Appeal."

And in other news, "Court Rejects Tobacco Cos. Appeal on Ads"; "Iranian Terror Case Sent to Lower Court"; and "Court Steps in Colo. Redistricting Dispute."
Posted at 10:45 AM by Howard Bashman




Today's U.S. Supreme Court Order List and opinions in argued cases: The Court today issued opinions in two argued cases.

1. In Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, No. 04-1084, Chief Justice John G. Roberts, Jr. delivered the opinion on behalf of a unanimous Court affirming the Tenth Circuit's ruling that the federal government failed to demonstrate, at the preliminary injunction stage, a compelling interest in barring respondent's sacramental use of the hallucinogenic tea known as hoasca. You can access the syllabus here; Chief Justice Roberts's opinion here; and the oral argument transcript here.

2. In Buckeye Check Cashing, Inc. v. Cardegna, No. 04-1264, Justice Antonin Scalia delivered the opinion of the Court, and Justice Clarence Thomas dissented. The judgment of the Supreme Court of Florida was reversed, and the case remanded, by a vote of 7-1. You can access the syllabus here; Justice Scalia's opinion of the Court here; Justice Thomas's dissenting opinion here; and the oral argument transcript here.

Today's Order List can be accessed here. The Court today granted review in a total of four cases.

At "SCOTUSblog," Lyle Denniston has a post titled "Court to hear 'partial-birth' abortion case."

In addition to issuing opinions in argued cases today, the Court also issued three per curiam opinions, which can be accessed here; here; and here (along with a concurring opinion and a dissenting opinion). It appears that Justice Alito took part in these per curiam rulings, although of course he did not participate in the decisions announced today in the two argued cases, because he was not on the Court when those cases were argued.
Posted at 10:20 AM by Howard Bashman




BREAKING NEWS -- "Justices to Weigh Late-Term Abortion Ban": Gina Holland of The Associated Press provides a report that begins, "The Supreme Court said Tuesday it will consider the constitutionality of banning a type of late-term abortion, teeing up a contentious issue for a newly-constituted court already in a state of flux over privacy rights." The law at issue is the federal Partial-Birth Abortion Ban Act of 2003.

The ruling under review, which declared the federal law unconstitutional, originates from the U.S. Court of Appeals for the Eighth Circuit. Late last month, both the Second Circuit (here) and the Ninth Circuit (here) joined the Eighth Circuit in declaring the law unconstitutional.

The U.S. Supreme Court's most recent decision examining whether the so-called "partial birth" abortion procedure may be banned issued in 2000. There, the Court ruled by a 5-4 margin, with Justice Sandra Day O'Connor providing the decisive fifth vote, that the ban was unconstitutional.

It is doubtful that Justice Samuel A. Alito. Jr.'s vote was required in order to grant certiorari in this case, so some may express skepticism over why the Court waited until today to grant review, when review presumably could have been granted before the U.S. Senate had confirmed Justice Alito to the Court. In other words, could the Court have attempted to influence the politics of the confirmation battle by postponing the grant of review in this case until today? The answer to that question may never be definitively known.

The federal government's petition for writ of certiorari, reply brief in support thereof, and supplemental brief can all be accessed online.
Posted at 10:00 AM by Howard Bashman




On the agenda: At 10 a.m. today, the Supreme Court of the United States will issue an Order List and may issue one or more opinions in argued cases. Stay tuned for complete coverage.

The Order List could include a grant of review in a case that would allow the Court to determine the constitutionality of the federal Partial-Birth Abortion Ban Act of 2003.
Posted at 09:55 AM by Howard Bashman




"Berkeley official sent misleading e-mails; Admissions director admits mistake": Today's edition of The Yale Daily News contains an article that begins, "Edward Tom, director of admissions at the University of California, Berkeley's Boalt Hall School of Law, confirmed Monday that he accidentally sent a large percentage of the school's applicants nationwide an e-mail on Friday congratulating them on their admission to the school, along with at least one of two apology e-mails asking students to disregard the initial message and stating that it did not imply admission."
Posted at 09:50 AM by Howard Bashman



In news from Kansas: The Topeka Capital-Journal reports today that "Committee rejects plan to approve high court judges."

And The Wichita Eagle reports today that "Proposal limits court's options on school funds."
Posted at 09:48 AM by Howard Bashman




The Austin Powers footnote: Footnote one of a concurring opinion that Sixth Circuit Judge Boyce F. Martin, Jr. issued today is worth a look.
Posted at 09:45 AM by Howard Bashman



"Bush vs. Constitution": Paul Starr will have this essay in the March 10, 2006 issue of The American Prospect.
Posted at 09:42 AM by Howard Bashman



"Supreme Clean Water Day: The big environmental cases on Justice Alito's first day of argument." Law Professor Jonathan H. Adler has this essay today at National Review Online.
Posted at 09:40 AM by Howard Bashman



"Intelligent design becomes intelligent recruiting": This article appears today in The Harrisburg Patriot-News.
Posted at 09:33 AM by Howard Bashman



"Jury Selection to Resume in Moussaoui Case": The Associated Press provides this report.
Posted at 09:24 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Supreme Court Hears Clean Water Act Cases" (featuring Nina Totenberg) and "Execution Delayed by Doctors' Refusal to Participate." RealPlayer is required to launch these audio segments.
Posted at 09:20 AM by Howard Bashman



"Michigan cases key to wetlands; Newly configured U.S. Supreme Court to decide issues of landowners' rights and jurisdiction": The Detroit News contains this article today.

In today's edition of Financial Times, Patti Waldmeir reports that "Landowners go head to head with Washington over water ecosystem."

The St. Petersburg Times reports that "Two high court cases may shape Florida wetlands; The Michigan cases challenge federal power under the Clean Water Act; States speak up - for regulation."

And The Philadelphia Inquirer contains an editorial entitled "Michigan Wetlands Cases: High court must navigate skillfully."
Posted at 07:25 AM by Howard Bashman




"MPs to vet selection of judge to top court; Harper's choice to be named Thursday; Critics fear drift to `political judiciary'": This article appears today in The Toronto Star.
Posted at 07:20 AM by Howard Bashman



The Toronto Globe and Mail is reporting: Today's newspaper contains articles headlined "Top-court nominee faces fire Monday; Candidate won't object to grilling, PM says" and "BlackBerry users press away as date nears."
Posted at 07:18 AM by Howard Bashman



"Drives to ban gay adoption heat up; In 16 states, laws or ballot votes proposed": This front page article appears today in USA Today, along with an article headlined "Both sides say their concern is the children; Opponents of gay adoption seeking to build on success in marriage fight."
Posted at 07:12 AM by Howard Bashman



"Infamous Email Writers Aren't Always Killing Their Careers After All": Jared Sandberg has this Cubical Culture essay today in The Wall Street Journal.
Posted at 07:08 AM by Howard Bashman



In today's edition of The Los Angeles Times: David G. Savage reports that "Justices to Study Scope of '72 Clean Water Act."

Maura Dolan has a front page article headlined "A High Bar for Lawyers: Today, 5,260 people begin taking the state licensing exam; More than half will fail; And keep failing; Just ask the mayor of Los Angeles."

And in other news, "A School, and Maybe a Street, for Cochran."
Posted at 07:05 AM by Howard Bashman




"Execution of Killer-Rapist Is Postponed After Doctors Walk Out; Court-ordered anesthesiologists refuse to participate in the process, citing ethical concerns": The Los Angeles Times provides this news update.

The Sacramento Bee provides a news update headlined "Morales' execution postponed until Tuesday night."

The San Francisco Chronicle reports today that "Killer's midnight appeals denied; Execution delayed for several hours amid confusion over anesthesiologists."

And The Associated Press reports that "Anesthesiologists Delay Calif. Execution."
Posted at 06:55 AM by Howard Bashman




In today's edition of The New York Times: An article is headlined "Battles of the Patents, Like David v. Goliath."

In other news, "Enron Trial Stirs Memory of Andersen."

And an editorial is entitled "A Test for the New Justices."
Posted at 06:50 AM by Howard Bashman




The Washington Post is reporting: In today's newspaper, Charles Lane has a front page article headlined "With Longevity on Court, Stevens's Center-Left Influence Has Grown."

And in other news, "The Formation Of Enron Jurors' Opinions Is Under Scrutiny."
Posted at 06:44 AM by Howard Bashman



Monday, February 20, 2006


In Tuesday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "States Curbing Right to Seize Private Homes" and "U.S. Reclassifies Many Documents in Secret Review."
Posted at 10:35 PM by Howard Bashman



"County appeals church's right to pray in library": The Associated Press provides this report on a case that was argued this past Friday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. The oral argument audio can be accessed via this link (Windows Media format).
Posted at 06:04 PM by Howard Bashman



"A test of US authority over waterways; A high court case Tuesday probes which bodies of water fall under the Clean Water Act - and federal oversight": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 05:55 PM by Howard Bashman



"E-mail misleads law applicants; False acceptance letters claim to be from Berkeley": The Yale Daily News today contains an article that begins, "Hundreds of applicants to University of California, Berkeley's Boalt Hall School of Law received an e-mail on Friday afternoon congratulating them on their admission to the school, only to receive at least one of two e-mails retracting the offer, claiming to be from Director of Admissions Edward Tom."
Posted at 05:10 PM by Howard Bashman



"The Trials of Michael Chertoff": Newhouse News Service has posted online an essay by J. Scott Orr that begins, "Who could blame Michael Chertoff if, deep down, what he really wants is to get back in black?"
Posted at 05:00 PM by Howard Bashman



"Committee to judge next Supreme Court appointee": The Toronto Globe and Mail provides this news update.

The Associated Press provides a report headlined "Canadian Judges Face Questioning" that begins, "Nominees to the Supreme Court of Canada will face questions from members of Parliament for the first time in history, Prime Minister Stephen Harper said Monday."

And Bloomberg News reports that "Canada's Supreme Court Nominee to Face First Review."
Posted at 04:10 PM by Howard Bashman




"Cities build on eminent domain; Legislature likely to toughen laws": The Atlanta Journal-Constitution contains this article today.
Posted at 02:45 PM by Howard Bashman



"Future dim for abortion clinic bill; Governor unlikely to OK legislation on clinics only": This article appears today in The Topeka Capital-Journal.
Posted at 02:40 PM by Howard Bashman



"Senators scurried to rescue new judge": The Beaver County Times today contains an article that begins, "The sap ran thick and bitter at last week's Senate confirmation hearings for a new Pennsylvania Supreme Court justice as senators sought to rescue the judge from a presumed attack on her character and the judiciary itself."
Posted at 02:28 PM by Howard Bashman



"Chief Justice of the United States John Roberts and Second Circuit Court of Appeals Judges Guido Calabresi and Sonia Sotomayor preside over the George Washington University School of Law Jacob Burns Van Vleck Moot Court competition": Via C-SPAN, you can access here (RealPlayer required) GW Law's Van Vleck Moot Court Finals from earlier this month.
Posted at 02:24 PM by Howard Bashman



"New Orleans courts face Mardi Gras amid crisis": Reuters provides this report.
Posted at 12:20 PM by Howard Bashman



The Miami Herald is reporting: Today's newspaper contains an article headlined "Trial may shed light on CIA's detainee tactics; In a case that could shed light on CIA interrogation practices, a veteran Miami lawyer will prosecute the government's case against an ex-CIA worker accused in the beating death of an Afghan detainee."

And in other news, "Club sues town over adult-business ban; Davie faces a federal lawsuit from a University Drive nightclub whose owners say the town's temporary ban on new adult businesses violates First Amendment rights."
Posted at 10:48 AM by Howard Bashman




"A 'fight to the death': Midland man takes battle to high court." Yesterday's edition of The Saginaw News contained an article that begins, "A Midland millionaire has gone from facing $120 billion in U.S. Army Corps of Engineers and Environmental Protection Agency fines to possibly neutering the federal agencies' regulatory power over wetlands. Tuesday, real estate baron John A. Rapanos takes his landmark civil case against the U.S. Department of Justice to the U.S. Supreme Court, which could decide to curtail the 34-year-old Clean Water Act."
Posted at 10:45 AM by Howard Bashman



"Bills would alter how justices are picked; Two proposals call for Senate confirmation of Kansas Supreme Court justices; A third would let the governor fill the bench": This article appears today in The Wichita Eagle.
Posted at 10:44 AM by Howard Bashman



"The fine art of revenge: A legal scholar says that 'eye for an eye' justice is a lot more humane than you think." Today at Salon.com, Laura Miller has this interview of Law Professor William Ian Miller in connection with his new book, "Eye for an Eye."
Posted at 10:24 AM by Howard Bashman



"Lawyers plan U.S. Supreme Court appeal for murderer; 9th Circuit Court denies claims of man on Death Row": This article appears today in The San Francisco Chronicle, along with a related article headlined "Love triangle gone vicious; Terri Lynn Winchell had no inkling her beau's jealous boyfriend would exact a horrible revenge."

The Sacramento Bee today contains a front page article headlined "9th Circuit refuses stay of Morales execution."

The Stockton Record contains an article headlined "Zero hour: Execution of Michael Morales scheduled for 12:01 a.m. Tuesday."

And David Kravets of The Associated Press provides a report headlined "One last hope for condemned killer; High court reprieve could halt execution."
Posted at 10:15 AM by Howard Bashman




"Go With the Flow: When it dips into the Clean Water Act, the Roberts Court should step lightly." Timothy J. Dowling, chief counsel of Community Rights Counsel, has this essay (free access) in today's issue of Legal Times.
Posted at 09:55 AM by Howard Bashman



Available online from law.com: An article reports that "EEOC Suit Proceeds Against Sidley Austin." My earlier coverage is here.

And "Dead Judges Voting: When Does Life Tenure End?" is the title of the latest installment of my weekly "On Appeal" column.
Posted at 09:44 AM by Howard Bashman




Available online from the ABA Journal eReport: An article is headlined "A Crossroads on Abortion Rights: Recent Appellate Rulings on Late-Term Law May Force High Court to Take the Issue."

And in other news, "Judges' Religion Not an Issue, Pryor Says; Jurist Takes on Questions About Catholics on the Bench."
Posted at 08:28 AM by Howard Bashman




"Water wars await Alito in debut on high court; Future of nation's rivers, wetlands hinges on 2 key cases": Bob Egelko has this article today in The San Francisco Chronicle.

And The Las Vegas Review-Journal today contains an editorial entitled "Don't fill in that puddle! 'Wetlands' cases advance to the U.S. Supreme Court."
Posted at 07:25 AM by Howard Bashman




"Tories plan hearing for top court judge": Canadian Press provides a report that begins, "The Conservative government has decided the next judge to sit on the Supreme Court of Canada will be the first in Canadian history to face a parliamentary hearing before ascending to the bench."
Posted at 07:20 AM by Howard Bashman



"Judge Weighs Injunction in BlackBerry Case": The Associated Press provides this report.

And The Toronto Globe and Mail today contains an article headlined "Can he win the patent game? Balsillie's competitive streak has kept RIM in business, from boardroom to courtroom."
Posted at 07:12 AM by Howard Bashman




"States eye land seizure limits; Bills would rein in eminent domain": This front page article appears today in USA Today.

Also in that newspaper, a related article is headlined "Ohio town tests eminent domain; Nationwide debate moves to states after controversial U.S. Supreme Court decision."
Posted at 07:05 AM by Howard Bashman




In today's edition of The Los Angeles Times: An article reports that "Privacy Guardian Is Still a Paper Tiger; A year after its creation, the White House civil liberties board has yet to do a single day of work."

And an editorial is entitled "Navigating the new court."
Posted at 06:58 AM by Howard Bashman




In today's edition of The New York Times: The newspaper contains articles headlined "Facing Pressure, White House Seeks Approval for Spying"; "Rights Groups Criticize Speedy Deportations"; and "Ruling Has Canada Planting Seeds of Private Health Care."

And columnist Bob Herbert has an op-ed entitled "The Torturers Win" (TimesSelect subscription required).
Posted at 06:50 AM by Howard Bashman




"The Memo: How an internal effort to ban the abuse and torture of detainees was thwarted." Jane Mayer has this article in the February 27, 2006 issue of The New Yorker. The memo itself can be accessed here.
Posted at 06:44 AM by Howard Bashman


Sunday, February 19, 2006


"Reach of Clean Water Act Is at Issue in 2 Supreme Court Cases": This article will appear Monday in The New York Times.
Posted at 11:30 PM by Howard Bashman



On this date in "How Appealing" history: Two years ago, on February 19, 2004, I had a post titled "The perils of an advocate's trying to replicate an allegedly hostile work environment from the lectern at the start of an appellate oral argument." The humorous oral argument exchange recounted in that post continues to amuse. Thanks to the passage of time, you can now access online not only the oral argument audio but also the opinion.

And one year ago today, I had a post titled "Gorilla + breast fetish = litigation." Also, I linked here to an article published that day in The Providence (R.I.) Journal headlined "Chief justice pulls plug on his Web site."
Posted at 11:25 PM by Howard Bashman




"The Stealth Revolution, Continued": Law Professor Bruce Ackerman's recent follow-up to his essay from one year ago predicting how vacancies might enable the Bush Administration to alter the balance of the U.S. Supreme Court can be accessed here. (Via "PrawfsBlawg").
Posted at 11:10 PM by Howard Bashman



"First Circuit Relocates to HLS": The Harvard Law Record provides a report that begins, "Last Wednesday the First Circuit Court of Appeals sat far from their usual location at the John J. Moakley Courthouse in downtown Boston." Meanwhile, the blog "Magic Cookie" offers a post titled "The First Circuit comes to us" providing one law student's reaction to the oral arguments.
Posted at 11:00 PM by Howard Bashman



"Pickering: Judges shouldn't legislate." Yesterday's issue of The Hattiesburg American contained an article that begins, "Retired federal Judge Charles Pickering said Friday he believes the U.S. Constitution should be amended so judges cannot 'legislate from the bench.'"
Posted at 10:50 PM by Howard Bashman



"Senior Lawyer at Pentagon Broke Ranks on Detainees": This article will appear Monday in The New York Times.
Posted at 10:44 PM by Howard Bashman



"Idaho lawmakers say they will challenge California senators over 9th Circuit seats": The Associated Press provides this report.
Posted at 10:34 PM by Howard Bashman



"Man grabs thief who took Lefkow kin's purse": This article appeared yesterday in The Chicago Sun-Times.
Posted at 10:28 PM by Howard Bashman



"Ninth Circuit rejects efforts to block California execution": The blog "Sentencing Law and Policy" describes the latest developments in the case of Michael Morales, who is scheduled to be executed on Tuesday.

Meanwhile, reporting on a somewhat related development, the blog "Crime & Federalism" offers a post titled "Who's Unethical Now?"
Posted at 08:50 PM by Howard Bashman




"Citing finances, Legal Affairs magazine stops publication": Last Thursday's edition of The Yale Daily News contained this article.
Posted at 08:44 PM by Howard Bashman



"Retired Justice O'Connor to dedicate law school": This article appeared Friday in The News-Record of Greensboro, North Carolina.
Posted at 08:40 PM by Howard Bashman



"U.S. Court of Appeals Seventh Circuit Judges Frank Easterbrook and Diane Wood speak about how much deference is appropriate when reviewing cases involving government agencies": Via C-SPAN's "America & the Courts" program, you can view the presentation described in the title of this post by clicking here (RealPlayer required).
Posted at 04:28 PM by Howard Bashman



That dam case reaches the U.S. Supreme Court: The Portland Press Herald today contains an article headlined "Maine dam case reaches top court" that begins, "The Presumpscot River, one of Maine's first industrial waterways, will be at the center of high stakes U.S. Supreme Court arguments Tuesday that could alter the fate of dams and rivers nationwide."
Posted at 04:08 PM by Howard Bashman



"Legalize it? Should the law make room for warrantless wiretapping? The debate has already begun." Slate's Emily Bazelon has this essay today in the Ideas section of The Boston Globe.
Posted at 10:06 AM by Howard Bashman



In today's edition of The Chicago Tribune: An article reports that "Enron trial turns on truth, intent; Prosecutors have tough task of proving Lay, Skilling knew Enron's situation and lied about it."

And an article is headlined "Blurry on BlackBerry: The legal battle over the mobile messaging system could change the way millions of U.S. customers use the hand-held devices and result in a windfall for the company started by a Chicago-area inventor."
Posted at 10:05 AM by Howard Bashman




"Industries Get Quiet Protection From Lawsuits; Federal agencies are using arcane regulations and legal opinions to shield automakers and others from challenges by consumers and states": The Los Angeles Times contains this article today.
Posted at 10:02 AM by Howard Bashman



"Does Money Still Talk? The Supreme Court revisits the limits of campaign cash." This article will appear in the February 27, 2006 issue of U.S. News & World Report.
Posted at 09:50 AM by Howard Bashman



"GI injured in Afghan war wins lawsuit; Unique case: Court awards default judgment to man blinded in one eye." Saturday's edition of The Salt Lake Tribune contained an article that begins, "A Utah soldier blinded in one eye during a firefight in Afghanistan that killed his comrade has won a default judgment against a father accused of training his young son to be a terrorist."

And The Associated Press reports that "GI, Widow Win $102.6M Judgment for Attack."

This past Thursday's ruling of the U.S. District Court for the District of Utah, written by District Judge Paul G. Cassell, can be accessed here. The opinion begins, "This may be the first Anti-Terrorism Act suit filed by members of the United States Armed Forces for injuries they suffered while serving as soldiers abroad."
Posted at 09:44 AM by Howard Bashman



Saturday, February 18, 2006


"New Clerk for Alito Has a Long Paper Trail": Adam Liptak will have this article in the Week in Review section of Sunday's edition of The New York Times.
Posted at 11:25 PM by Howard Bashman



"Justice Ginsburg Goes It Alone": The Associated Press provides a report that begins, "It will be a different scene Tuesday when the black-robed justices of the Supreme Court emerge from behind a red, velvet curtain and take their seats at the mahogany bench. Instead of two female justices, there will only be one."
Posted at 03:30 PM by Howard Bashman



"Google Argues Against Subpoena; Turning Over Data Would Hurt Firm, Not Help U.S., Lawyers Say": The Washington Post contains this article today.

The San Jose Mercury News reports today that "Google dissects U.S. claim; Search engine calls demand for data 'nonsensical.'"

And The Associated Press reports that "Google Criticizes Gov't in Court Papers."

Thanks to the "Official Google Blog," you can access at this link the response that Google Inc. filed yesterday in the U.S. District Court for the Northern District of California.
Posted at 10:58 AM by Howard Bashman




"Morales Loses Clemency Bid as Doctors Fight Role in Execution; Schwarzenegger reviews details of 1981 murder, which the inmate has admitted; Groups say aiding his death violates the physicians' oath": This article appears today in The Los Angeles Times.

The San Francisco Chronicle reports today that "Governor turns down killer's bid for clemency; Morales running out of options as Tuesday's execution nears."

The Oakland Tribune contains articles headlined "Legal options running out for Morales; Mercy now lies in the hands of the courts" and "Eternal pain: Teen's murderer may be executed, but for two families, the heartbreak will never end."

And The Sacramento Bee contains a front page article headlined "Fewer are sent to death; Experts divided on reasons why capital sentences have declined since 2000."
Posted at 10:45 AM by Howard Bashman




"Justices to Rehear Speech Case From October; High Court's Announcement Could Indicate That O'Connor Cast the Decisive Vote": Charles Lane has this article today in The Washington Post.
Posted at 09:20 AM by Howard Bashman


Friday, February 17, 2006


"Gay marriage debate centers on history vs. change": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 11:05 PM by Howard Bashman



"Jury Pool Grows for Moussaoui Sentencing": The Associated Press provides a report that begins, "A former member of the American Civil Liberties Union was added Friday, over government objections, to the pool of potential jurors who will decide whether confessed al-Qaida conspirator Zacarias Moussaoui is sentenced to death or life behind bars."
Posted at 11:04 PM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Parsing Alito's Clerk Picks."

And the brand new installment of my "On Appeal" column is titled "Dead Judges Voting: When Does Life Tenure End?"
Posted at 10:08 PM by Howard Bashman




California Governor Arnold Schwarzenegger denies clemency to death row inmate Michael Morales: You can access Schwarzenegger's statement of decision at this link.
Posted at 05:44 PM by Howard Bashman



"Baldwin Jumping Into The Thick of It": Asher Hawkins of The Legal Intelligencer provides a news update that begins, "Recently confirmed Pennsylvania Supreme Court Justice Cynthia A. Baldwin has been officially sworn in and is committed to being prepared for oral arguments that are to be held in her hometown of Pittsburgh later this month, her new colleagues say."
Posted at 05:24 PM by Howard Bashman



Second Circuit holds that state trial court violated a criminal defendant's Sixth Amendment right to a public trial when it conditioned the attendance of the defendant's mother and brother for the testimony of an undercover police officer upon their sitting behind a screen: Today's ruling of the U.S. Court of Appeals for the Second Circuit can be accessed here.
Posted at 04:58 PM by Howard Bashman



"After Newsweek Reports That Goldsmith Opposed Bush Torture Policy, HLS Prof's Critics Stay Mum": This article appears today in The Harvard Crimson.
Posted at 04:15 PM by Howard Bashman



"Supreme Court to Hear Wetland Arguments": The AP provides this report. Earlier today, I collected additional news coverage here.
Posted at 03:55 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "White House Aims to Protect New Texas Map" and "Gov't Witnesses May Hurt Lay, Skilling."
Posted at 03:35 PM by Howard Bashman



"The Legacy of the Rehnquist Court": This Federalist Society seminar, featuring a quite impressive group of speakers, will occur next Thursday in Milwaukee.
Posted at 03:20 PM by Howard Bashman



"Time for the last post": What "Obscure Store" describes as "one of the longest treatises on blogs ever published" can be accessed here at Financial Times.
Posted at 03:05 PM by Howard Bashman



"Judge OKs doctors to monitor execution; Ruling keeps Morales on track for a lethal injection Tuesday": Claire Cooper, legal affairs writer for The Sacramento Bee, today has this front page article in that newspaper. The newspaper also contains related articles headlined "Defense tries to clear air on clemency plea"; "Slaying took small town's innocence"; and "Execution doctors an ethics issue; Medical groups criticize plan for physician to assess if the condemned can feel pain."

Meanwhile, today in The San Francisco Chronicle, Bob Egelko reports that "Federal judge OKs state plan for execution; Doctors to be nearby to make sure killer doesn't suffer pain."

Yesterday's ruling of the U.S. District Court for the Northern District of California can be accessed here.
Posted at 02:45 PM by Howard Bashman




"Supreme Court to Rehear Whistleblower Case": The Associated Press provides this report.

And Reuters reports that "Court to hear whistle-blower case again."

Today's U.S. Supreme Court Order List can be accessed here.
Posted at 02:22 PM by Howard Bashman




Seventh Circuit rejects Sidley Austin LLP's argument that the EEOC may not obtain monetary relief on behalf of former Sidley partners who, having failed to file timely administrative charges under the Age Discrimination in Employment Act, are barred from bringing their own suits: Today's ruling, written by Circuit Judge Richard A. Posner on behalf of a unanimous three-judge panel, can be accessed here.
Posted at 12:44 PM by Howard Bashman



"Court to rehear public employee speech case": Lyle Denniston provides this post at "SCOTUSblog." That news could mean that, at present, the U.S. Supreme Court believes that Justice Sandra Day O'Connor's departure leaves the other eight Justice who had served with her evenly divided on only one case. We'll see soon enough whether next Tuesday's Order List contains any other reargument announcements.
Posted at 12:35 PM by Howard Bashman



"Is That All You Got? Attorneys general shirk their duty to defend marriage laws because of political concerns." William Duncan has this essay today at National Review Online.
Posted at 11:54 AM by Howard Bashman



"Judge Denies Padilla's Request for Bail": The Associated Press provides this report.
Posted at 11:44 AM by Howard Bashman



In Florida, possession is now only eight-tenths of the law: The Associated Press provides a report that begins, "A motorist who told Miami-Dade County police that a suitcase laying on his back seat contained only clothing cannot now claim nearly $500,000 found inside, a sharply divided Florida Supreme Court decided Thursday."

You can access yesterday's 4-3 ruling of the Supreme Court of Florida at this link.
Posted at 10:45 AM by Howard Bashman




Should the passport of a U.S. citizen born in Jerusalem say that he was born in Israel? A unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit today issued a ruling that delivers good news for attorney Nathan Lewin's client. The dispute implicates, among other things, the unitary executive doctrine.
Posted at 10:33 AM by Howard Bashman



U.S. Court of Appeals for the Sixth Circuit decides abortion clinic licensing dispute: You can access today's ruling, by a partially divided three-judge panel, at this link.
Posted at 10:25 AM by Howard Bashman



"Case pits your property rights vs. environment": The Detroit Free Press today contains an article that begins, "A sandy farm field in Midland and a swampy tree-studded triangle of land near Mt. Clemens are at the center of a case before the U.S. Supreme Court, which is poised to define the scope of federal authority over millions of acres of wetlands." And a related article is headlined "Group pegs argument in wetlands brief on logic from 'Finding Nemo.'"

In other coverage, Bloomberg News reports that "Landowners' Supreme Court Case May Limit U.S. Clean-Water Rules."

The Endangered Species & Wetlands Report provides a web page containing briefs and other resources relating to the case.
Posted at 10:24 AM by Howard Bashman




"Convictions upheld; Judge must reconsider Wittig, Weidner sentences": The Topeka Capital-Journal contains this article today.

And The Associated Press reports that "Appeals Court Orders Wittig's Resentencing."

You can access yesterday's ruling of the U.S. Court of Appeals for the 10th Circuit at this link.
Posted at 10:15 AM by Howard Bashman




"Gillette, Schick end legal war, but battle in market rages on; Suits centered on shaving patents, advertising claims": This article appears today in The Boston Globe.
Posted at 10:10 AM by Howard Bashman



"Starr says he supports death penalty; Lawyer aims to avoid unjustified executions": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:02 AM by Howard Bashman



"Cheney Shooting Case Is Closed in Texas; Report on Accident Backs Explanations by Vice President and Ranch Owner": The Washington Post contains this article today.

And The Corpus Christi Caller-Times reports today that "Shooting ruled accidental; Spohn emergency services director says Whittington in excellent shape."
Posted at 07:30 AM by Howard Bashman




"Enron Witness Says He Was Ordered to Mislead Company's Board": This article appears today in The New York Times.

The Washington Post reports today that "Talks With Skilling Described; Ex-Broadband Chief Says He Issued Warnings About Enron Unit."

USA Today reports that "Witness stands firm on his lies; Rice ends 3 days of Enron testimony."

And The Houston Chronicle contains articles headlined "'Real progress' made as case picks up steam; Two witnesses take the stand, one of them an accountant still with the company" and "Enron payout draws closer; Employees with stock in retirement plan soon will split $133.9 million, minus legal fees."
Posted at 07:25 AM by Howard Bashman




In today's edition of The Chicago Tribune: The newspaper contains articles headlined "Justice lawyers attack 1 of own" and "40 years later, legal twist puts priest on trial."
Posted at 07:24 AM by Howard Bashman



The New York Sun is reporting: Today's newspaper contains articles headlined "Lawsuit Over Eminent Domain Could Snarl Bush Library Plans" and "Gay Rites Showdown Is Looming."
Posted at 07:15 AM by Howard Bashman



"Bid to Bar Execution Uses Starr Power": This article appears today in The Los Angeles Times.
Posted at 07:14 AM by Howard Bashman



"Why the President's Defense of Executive Power to Wiretap Without Warrants Can't Succeed in the Strict Constructionist Court He Wants": Vikram David Amar and Alan Brownstein today have this essay online at FindLaw.
Posted at 07:05 AM by Howard Bashman


Thursday, February 16, 2006


On this date in "How Appealing" history: Two years ago today, on February 16, 2004, I had this vocabulary quiz courtesy of First Circuit Judge Bruce M. Selya. The answers appear here.
Posted at 11:55 PM by Howard Bashman



"Selection of Alito has lessons for us; How the Americans appoint a Supreme Court judge engenders respect for the judicial body": In Friday's edition of The Australian, James McConville has an op-ed that begins, "The American system of confirmation hearings for the judges of their Supreme Court is frequently criticised, but is that criticism warranted? On close examination, confirmation hearings might be a method of selecting judges which is superior to the process used in Australia."
Posted at 11:15 PM by Howard Bashman



"Fees ruling rattles law firms as big losses loom": Friday's edition of The Age of Melbourne, Australia contains an article that begins, "A Supreme Court ruling has put law firms that defer fees until they win a case at risk of massive unrecoverable losses, lawyers warn."
Posted at 11:14 PM by Howard Bashman



In news from Australia: Friday's edition of The Age of Melbourne contains articles headlined "Abortion pill on its way soon"; "Doctors first in line to seek RU486 use"; "After the battle the winning women drink a toast, decorously"; "Agony, lack of access linger for country women"; and "Medical groups applaud passing of pill bill." A news analysis is headlined "Conscience vote damages Abbott, enhances Costello." And an editorial is entitled "What a difference genuine debate makes."

Friday's edition of The Sydney Morning Herald, meanwhile, contains articles headlined "Abbott's $60m to counter abortion" and "A rare day when the party lines fell away." A news analysis is headlined "The bitterness behind a civil debate; The vote on RU486 has widened underlying divisions in the Liberal Party." An editorial is entitled "Beyond the RU486 vote." And Harriet Veitch has an op-ed entitled "Can I order a soy latte with two sugars and an abortion pill, please?"
Posted at 11:10 PM by Howard Bashman




"Attorney has memorable time at U.S. Supreme Court": This article appears today in The Princeton (Minn.) Union-Eagle.
Posted at 10:50 PM by Howard Bashman



"Investigator's past being examined in execution cases": David Kravets of The Associated Press provides a report that begins, "The investigator accused of fabricating juror statements in a bid to win clemency for a man condemned to die Tuesday is under investigation for previous cases she worked on for a state agency that defends death row inmates."

Relatedly, via "Crime and Federalism," you can access here an explanatory letter from attorney David A. Senior, appointed counsel for death row inmate Michael Morales.
Posted at 10:30 PM by Howard Bashman




"Policing Porn Is Not Part of Job Description; Montgomery Homeland Security Officers Reassigned After Library Incident": This article will appear Friday in The Washington Post.
Posted at 10:23 PM by Howard Bashman



"9th Circuit Takes Hard Line on Secret Deals": Justin Scheck has this article online at law.com.
Posted at 10:22 PM by Howard Bashman



"Tap Dance: Alberto Gonzales's absurd performance." Law Professor Jeffrey Rosen will have this essay in the February 27, 2006 issue of The New Republic.
Posted at 10:20 PM by Howard Bashman



"Sheriff's department: It was an accident." The Corpus Christi Caller-Times provides a news update that begins, "The Kenedy County Sheriff's Department released an incident report Thursday confirming Vice President Dick Cheney's shooting of a fellow hunter as accidental." The incident report can be accessed here.
Posted at 06:04 PM by Howard Bashman



"Victim's Colleague in Moussaoui Jury Pool": The Associated Press provides this report.
Posted at 06:02 PM by Howard Bashman



"I just sent my final manuscript to my editor to get sent to copyediting." Jeremy Blachman's book based on his "Anonymous Lawyer" weblog is now complete, he reports in a post that you can access here. Maybe soon it will be a major motion picture.
Posted at 05:48 PM by Howard Bashman



"3rd Circuit Deeply Split Over Post-Booker Sentencing Issues": Shannon P. Duffy has this update (free access) online at The Legal Intelligencer.
Posted at 05:42 PM by Howard Bashman



"I know that some people think that professors and students -- and especially law professors and law students -- are especially in need of sex aids, but it's nice to see that under Georgia law they actually get a special entitlement to them!" At "The Volokh Conspiracy," Eugene Volokh has this post about yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit, which I noted yesterday at this link.
Posted at 05:40 PM by Howard Bashman



"Twilight of the Blogs: Are they over as a business?" Daniel Gross has this moneybox essay online at Slate.
Posted at 05:35 PM by Howard Bashman



"Trustee to take high court seat": The Penn State Collegian today contains an article that begins, "The state Senate voted 46-1 yesterday to confirm Penn State Board of Trustees Chairwoman Cynthia Baldwin to a two-year term as a justice on the state Supreme Court." Baldwin replaces former Justice Russell M. Nigro, who (as noted in this earlier post) lost a retention election due to voter backlash over a pay raise received by Pennsylvania state legislators and judges and therefore had to depart from the Supreme Court of Pennsylvania at the end of 2005.
Posted at 04:00 PM by Howard Bashman



"State appeals court upholds New York's marriage law": The Associated Press provides a report that begins, "A midlevel state appeals court on Thursday upheld the state's marriage law as constitutional, handing a defeat to same-sex couples seeking to be married in New York."

Today's ruling of the New York State Supreme Court, Appellate Division, Third Judicial Department, can be accessed here.
Posted at 03:44 PM by Howard Bashman




"Justice Scalia Pulls Out the Old 'I'm With Stupid' T-Shirt": Nan Aron has this item today at "The Huffington Post."
Posted at 03:10 PM by Howard Bashman



"Justice Alito to Be Thrown in Head First": Gina Holland of The Associated Press provides this humorously-headlined report.

And at "SCOTUSblog," Lyle Denniston has a post titled "It takes 4 minutes to be a Justice." (After a lifetime of striving, of course.)

Photos of today's festivities at the U.S. Supreme Court, and also of villagers fleeing from their homes in the Ugandan county of Alito, can be accessed via this link.
Posted at 02:58 PM by Howard Bashman




"Transactions Specialist Tapped For 9th Circuit": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "Torrance-based transactions attorney Milan D. Smith Jr. is the second moderate Republican President George W. Bush has nominated to the 9th U.S. Circuit Court of Appeals in as many weeks."

Today in The Oakland Tribune, Josh Richman reports that "Bush fills vacant judge position; President nominates Oregon senator's brother to 9th U.S. Circuit Court." Indeed, Ninth Circuit nominee Milan D. Smith, Jr. is the brother of U.S. Senator Gordon Smith (R-OR).

And the Ninth Circuit's Public Information Office has issued a news release entitled "Attorney Milan D. Smith Nominated to Ninth Circuit Court of Appeals."
Posted at 02:45 PM by Howard Bashman




"Can flag-burner sue? Judge says intent key." The Deseret Morning News today contains an article that begins, "Was it boredom or a political statement that motivated a Salt Lake County man to burn a 'smiley face' into a U.S. flag? On Wednesday a federal judge said the answer to that question could be key in determining if Kris Winsness can seek damages against the Salt Lake County sheriff's deputy who issued him a citation."
Posted at 02:35 PM by Howard Bashman



"Homeland security chief in dark about Hawai'i": The Honolulu Advertiser today contains an article that begins, "Embattled Homeland Security Secretary Michael Chertoff said yesterday that he didn't know Hawai'i was the only state not protected by U.S. Northern Command, which is responsible for homeland defense. Sen. Daniel K. Akaka, D-Hawai'i, who was questioning Chertoff on the issue, said he was 'stunned' at his admission."
Posted at 02:33 PM by Howard Bashman



"Judge Orders Action on Spying Documents": The Associated Press provides this report.
Posted at 02:24 PM by Howard Bashman



"2 e-mailers get testy, and hundreds read every word": The Boston Globe today contains an article that begins, "Once again, a friendly reminder: The next time you're tempted to send a nasty, exasperated, or snippy e-mail, pause, take a deep breath, and think again. Then consider the tale of local lawyers William A. Korman and Dianna L. Abdala."

And The Boston Herald today contains an article headlined "Law 101: Put it in writing? E-mail war heats up Internet."

My earlier coverage is here.
Posted at 02:20 PM by Howard Bashman




"Eid appointed to Supreme Court; Gov. Owens calls her conservative and a 'strict constructionist'": This article appears today in The Rocky Mountain News.

And The Denver Post reports today that "Governor names Eid to high court; The 41-year-old, now serving as Colorado's solicitor general, was a clerk for Clarence Thomas and worked for William Bennett."

My earlier coverage is here, while "PrawfsBlawg" offers a post by Paul Horwitz titled "A Federalist on the (State) Supreme Court."
Posted at 02:15 PM by Howard Bashman




U.S. District Court for the District of Columbia grants preliminary injunction ordering the expedited processing and release of agency records regarding the Bush Administration's policy of conducting surveillance of domestic communications without the prior authorization of the Foreign Intelligence Surveillance Court: You can access today's ruling at this link. The decision is a victory for the Electronic Privacy Information Center.
Posted at 11:40 AM by Howard Bashman



"Supreme Chaos: The Politics of Judicial Confirmation and the Culture War." The speech that former Fifth Circuit Judge Charles W. Pickering, Sr. delivered yesterday at The Heritage Foundation, in connection with his new book, can now be viewed online, on demand in both RealPlayer and mp3 formats.
Posted at 10:44 AM by Howard Bashman



"Court Veteran Remembers a Scary Start": Today in The New York Times, Linda Greenhouse has an article that begins, "No one will blame Justice Stephen G. Breyer if he flashes back more than 11 years to his own challenging start on the Supreme Court when Justice Samuel A. Alito Jr. is ceremonially sworn in there on Thursday."

Presumably either tomorrow or next Tuesday, the U.S. Supreme Court will announce whether any of the cases already argued this Term, before Justice Sandra Day O'Connor retired from service, will be reargued or affirmed by an equally divided Court.
Posted at 10:25 AM by Howard Bashman




"Clemency flap puts Starr in spotlight again; Apparently bogus documents mar his bid to halt execution": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:18 AM by Howard Bashman



In cartoons available online from The San Francisco Chronicle: The new installment of Mark Fiore's animated cartoon is entitled "Gonzalez, Watchu and Howe."

And the final frame of the new installment of Don Asmussen's "Bad Reporter" cartoon contains a headline reporting that "Liberals Suddenly O.K. with Judge Scalia Hunting with Cheney."
Posted at 10:15 AM by Howard Bashman




"Court favors Ehrlich on ban; Rejection of Sun's challenge upheld": The Baltimore Sun today contains an article that begins, "A three-judge panel of the 4th U.S. Circuit Court of Appeals handed The Sun a defeat yesterday in its lawsuit against Maryland Gov. Robert L. Ehrlich Jr. that challenged his ban on talking with two Sun reporters." My earlier coverage can be accessed here.
Posted at 10:02 AM by Howard Bashman



"Dead Judges' Voting: When Does Life Tenure End?" That's the provisional title of the next installment of my weekly "On Appeal" column for law.com, which will appear online tomorrow night. The column addresses in greater detail what I originally blogged about here. Thanks to all the readers who emailed to me useful tidbits of information in response to that post.
Posted at 09:58 AM by Howard Bashman



"Gonzales Looks Back on a Year as Attorney General": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:52 AM by Howard Bashman



"Calif. Court Sides with Jackson's Ex-Wife": Reuters provides this report.

And The Associated Press reports that "Court Voids Rowe's Loss of Parental Rights."

You can access yesterday's ruling of the California Court of Appeal for the Second Appellate District in In re Marriage of Deborah and Michael J. Jackson at this link.
Posted at 09:50 AM by Howard Bashman




Supreme Court of California to announce decision today in Proposition 77 redistricting case: The question presented can be accessed here. The ruling will be announced at 1 p.m. eastern time. You can learn more about Proposition 77 via this link.

Update: The ruling can be accessed here.
Posted at 09:40 AM by Howard Bashman




"The Future of the Blawging Market": Dave Hoffman has this post at "Concurring Opinions."
Posted at 07:22 AM by Howard Bashman



"Skilling's Lawyer Portrays an Accuser as Out of Touch": The New York Times contains this article today.

USA Today reports today that "Enron witness admits partially misleading jury; 'Sandbagging' in budgeting a common practice, Rice says."

And in The Houston Chronicle, Mary Flood reports that "Broadband unit portrayed as promising; Division head denies that he was disengaged from company affairs."
Posted at 07:18 AM by Howard Bashman




"Questioning of Jurors Begins in Moussaoui Penalty Trial": This article appears today in The Washington Post.

Today in The New York Times, Neil A. Lewis reports that "Defendant in 9/11 Case Heeds Judge."

The Los Angeles Times contains an article headlined "Jury Selection for 9/11 Plotter; Judge seeks panelists who can set aside anger over the terrorist attacks and fairly decide whether Moussaoui should be put to death."

The Sacramento Bee reports that "Moussaoui silent for juror hunt; After Tuesday's outbursts, the admitted al-Qaida member is allowed to be present for the questioning of prospective jurors in the death-penalty phase of his trial."

The Richmond Times-Dispatch reports that "Terrorism defendant returns to court; Moussaoui remains quiet as potential jurors are questioned."

The Washington Times reports that "Moussaoui makes surprise return."

And FindLaw commentator Elaine Cassel today has an essay entitled "The Sentencing of Zacarias Moussaoui: Questions of Fact and Issues as to Defendant's Competency Cloud Proceedings."
Posted at 07:05 AM by Howard Bashman




In today's edition of The Washington Post: The newspaper contains articles headlined "Rules Would Limit Lawsuits; U.S. Agencies Seek To Preempt States"; "Justice Dept. Role in Eavesdropping Decision Under Review"; and "German Court Overturns Law Allowing Hijacked Airliners to Be Shot Down."
Posted at 06:54 AM by Howard Bashman



"Gays' right to wed argued; N.J. high court weighs constitutional issues": This article appears today in The Trenton Times.

The Newark Star-Ledger today contains an article headlined "Outside court, a respectful clash; Demonstrators pray or sing over fate of marriage."

And The Philadelphia Inquirer reports that "Gay advocates tell N.J. high court it's a civil-rights fight."
Posted at 06:50 AM by Howard Bashman



Wednesday, February 15, 2006


On this date in "How Appealing" history: Two years ago today, on February 15, 2004, I had a post titled "'How Appealing' readers offer their favorite vocabulary words found in opinions by First Circuit Judge Bruce M. Selya."

And today is the one-year anniversary of my post titled "U.S. Court of Appeals for the D.C. Circuit allows enforcement of subpoenas ordering grand jury testimony from New York Times and Time magazine reporters in the Valerie Plame CIA leak investigation." The ruling, which originally issued on February 15, 2005, can be accessed here.
Posted at 11:28 PM by Howard Bashman




In Thursday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "N.J. State Court Deliberates Issue of Gay Marriage" and "Senators Assail Chertoff's Job Handling Katrina."
Posted at 11:20 PM by Howard Bashman



"Crass or Creative? Harassment Case Involving 'Friends' Sitcom Reaches Calif. Justices." law.com provides this report.
Posted at 11:14 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Prospective Jurors Questioned in Moussaoui Case" and "Attorney General Reviews First Year, New Priorities" (RealPlayer required).
Posted at 08:45 PM by Howard Bashman



He stole mail; This is his punishment: According to new posts today by Dan Markel available here and here at "PrawfsBlawg," any day now Shawn Gementera will have to serve eight hours of his federal community service sentence by standing in front of a post office wearing a signboard stating, "I stole mail. This is my punishment."

Today, in an order I have posted online here, the U.S. District Court for the Northern District of California rejected Gementera's motion to eliminate that shaming punishment. Back in August 2004, I had this post on the Ninth Circuit's ruling by a divided three-judge panel upholding the sentence. And I collected press coverage of the Ninth Circuit's ruling in posts accessible here and here.
Posted at 08:28 PM by Howard Bashman




"The email that roared: The strange tale of a much-forwarded email chain describing 'Lawyers behaving badly.'" David L. Yas has this article online today at Massachusetts Lawyers Weekly.
Posted at 08:10 PM by Howard Bashman



"Crossroads for detainees": Warren Richey will have this article Thursday in The Christian Science Monitor.

And today at "SCOTUSblog," Lyle Denniston has a post titled "A final move to save Hamdan's appeal."
Posted at 05:35 PM by Howard Bashman




"Enron witness: 'This is BS'; Ken Rice, former CEO of Enron's broadband unit, defends his cooperation with prosecutors in hope of securing a lighter prison sentence." CNNMoney.com provides this update.
Posted at 05:32 PM by Howard Bashman



"Appeals court upholds ruling against Sun; Panel says Ehrlich ban on reporters did not violate First Amendment rights": The Baltimore Sun provides this news update.

And The AP reports that "Newspaper Lawsuit Vs. Md. Governor Tossed."

My earlier coverage is here.
Posted at 05:30 PM by Howard Bashman




The Associated Press is reporting: Gina Holland reports that "Justice Alito Hires Trusted Conservatives."

And in other news, "N.J. Court Hears Gay Marriage Arguments."
Posted at 04:00 PM by Howard Bashman




"Enron Update: Second Witness Takes the Stand." This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."

And on Monday of this week, the public radio program "Here & Now" contained a segment entitled "Enron: Defense Has Unusual Argument" (RealPlayer required).
Posted at 03:58 PM by Howard Bashman




Conditional cross-appeal: yes or no? A three-judge panel of the U.S. Court of Appeals for the Federal Circuit has divided 2-1 over that question of appellate procedure in this decision issued today.
Posted at 03:40 PM by Howard Bashman



U.S. Court of Appeals for the Eleventh Circuit directs entry of injunction against Georgia statute prohibiting advertisements for vibrators and dildos: As today's opinion makes clear, there aren't many consumers who may lawfully purchase such items in Georgia, but because Georgia law allows the sale of such items to some people, the State cannot lawfully ban otherwise protected commercial speech offering the items for sale.
Posted at 03:28 PM by Howard Bashman



Fourth Circuit won't order Maryland's Governor to make nice with The Baltimore Sun: Today's ruling can be accessed here.
Posted at 03:15 PM by Howard Bashman



"The majority's decision to affirm the denial of class certification means that Jefferson-Pilot Life Insurance Company will never be held to account if it discriminated against 1.4 million African-Americans by charging them higher premiums for industrial life insurance than it charged whites." So begins the dissent to a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 03:08 PM by Howard Bashman



In news from Colorado: The Denver Post provides a news update headlined "Eid appointed to high court" that begins, "Colorado solicitor general Allison Eid was appointed the 95th Supreme Court justice by Gov. Bill Owens today, replacing Rebecca Love Kourlis." The bio for Allison Hartwell Eid available from the University of Colorado Law School states that "Before joining the faculty of the law school, Professor Eid clerked for the Justice Clarence Thomas of the United States Supreme Court and for Judge Jerry E. Smith of the Court of Appeals for the Fifth Circuit. "
Posted at 03:05 PM by Howard Bashman



"Pa. Supreme Court Rejects Opportunity To Relax Its Harsh Appellate Waiver Jurisprudence": The text of the most recent installment of my monthly appellate column, which appeared on Monday of this week in The Legal Intelligencer, can now be freely accessed here. I recently linked here to the decisions at issue.
Posted at 02:58 PM by Howard Bashman



"Negotiating at Gunpoint: Cities can't be trusted with sweeping eminent domain powers." Jacob Sullum has this essay online today at Reason.
Posted at 02:24 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Moussaoui Jury Selection Goes Smoothly" and "Feingold Again Tries to Block Patriot Act."
Posted at 02:22 PM by Howard Bashman



"Senate Asbestos Bill's Future Uncertain": The Associated Press provides this report.

The Chicago Tribune reports today that "Asbestos fund falls short; Needs 2 Senate votes; USG would benefit."

The Boston Globe reports today that "Asbestos fund fails in Senate; Bill to compensate exposure victims falls one vote short."

And The Washington Times reports that "Senate defeats asbestos trust-fund legislation."
Posted at 02:20 PM by Howard Bashman




"Third Circuit rules, en banc, Blakely and Booker inapplicable to restitution and forfeiture": The blog "Sentencing Law and Policy" provides this report on a ruling issued today.
Posted at 12:44 PM by Howard Bashman



"No future: Pa. leads nation in juveniles serving life sentences." The Philadelphia Daily News today contains this lengthy front page article.
Posted at 12:32 PM by Howard Bashman



"Court weighs fairness of spying trial; A rare appellate hearing examines the Cuban Five spy case again, amid questions over whether the defendants received a fair trial": This article appears today in The Miami Herald.
Posted at 12:14 PM by Howard Bashman



"W taps another throwback for important appeals seat": Today in The Houston Chronicle, columnist Cragg Hines has an op-ed that begins, "Where does he find these people? No sooner had President Bush returned last week from Coretta Scott King's funeral than he nominated to the 5th U.S. Circuit Court of Appeals a lawyer with a terrible record on civil rights."
Posted at 11:55 AM by Howard Bashman



In today's edition of The Toronto Globe and Mail: The newspaper contains an article headlined "Top court to test no-fault divorce law."

And an article headlined "After Stelco, Judge Farley decides to call it a career" reports that "Judge Farley is perhaps best known for his handwritten orders, often barely legible. During the Stelco case, one ruling was written partly on stationery from the Golden Tulip Hotel in Dar Es Salaam, Tanzania."
Posted at 11:50 AM by Howard Bashman




"Lawyer Questions State Action On Ex-Guards' Cases": The Hartford Courant today contains an article that begins, "The attorney for three men who lost their jobs as correction officers because of their ties to the Outlaws Motorcycle Club argued in a federal appeals court Tuesday that the state's action violated her clients' constitutional rights."
Posted at 11:45 AM by Howard Bashman



"State's an Enron subplot; Houston trial may shed light on how California got burned on energy": This front page article appears today in The Sacramento Bee.
Posted at 11:44 AM by Howard Bashman



"New Justice Alito Hires Ex-Ashcroft Aide as Clerk": Bloomberg News provides this report.
Posted at 11:40 AM by Howard Bashman



"Witness: Skilling's pressure fed stock deception; Former head of broadband unit says finessing earnings reports was expected." Mary Flood has this article today in The Houston Chronicle.

The New York Times reports today that "Ex-Enron Chief Lied Often About Web Unit, Witness Says."

The Los Angeles Times reports that "Skilling Implicated by Witness in Hype; Enron's ex-chief ordered changes to earnings targets, jurors are told."

And USA Today contains an article headlined "Witness: Skilling hid Enron unit's status from board."
Posted at 10:33 AM by Howard Bashman




Thou shalt not make blurry a photographic image of the Ten Commandments: The Patriot-News of Harrisburg, Pennsylvania today contains an article headlined "Piccola laments lack of focus on Commandments" that begins, "Thou shalt not make any graven image, the Ten Commandments say. Now, a state lawmaker wants to avoid any blurred images, too. A tourist booklet of the Pennsylvania Supreme Court shows a picture of the jurists in front of a painting depicting the Ten Commandments, but the painting was blurred in the photo."

In other coverage, The Associated Press reports that "Ten Commandments Photo Draws Objection."

In related news, The Pittsburgh Post-Gazette reports today that "Panel backs Baldwin for high court."

And The Penn State Collegian reports today that "Trustee closer to high court."
Posted at 10:30 AM by Howard Bashman




"Judge Reverses Decision to Bar Moussaoui": The Associated Press provides an update that begins, "Confessed al-Qaida conspirator Zacarias Moussaoui was unexpectedly allowed to re-enter the federal courtroom Wednesday for the selection of a jury to decide whether he is executed or imprisoned for life."
Posted at 10:22 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Marriage Plays Starring Role in Politics...Again"; "Ohio Board of Ed Delivers Blow to Intelligent Design Movement"; and "Georgia May Display Ten Commandments in Courthouses" (RealPlayer required).
Posted at 10:18 AM by Howard Bashman



"Scouts' land fight is in appeals court; 2003 ruling found leases of S.D. property were unconstitutional": This article appears today in The San Diego Union-Tribune.

The San Gabriel Valley Tribune reports that "Boy Scouts, ACLU square off in court over stances on God, gays."

And The Associated Press reports that "Court considers whether Boy Scouts can use public San Diego space."

Once the U.S. Court of Appeals for the Ninth Circuit posts online the audio of yesterday's oral argument, I will link to it.
Posted at 08:22 AM by Howard Bashman




"Judge's aide gets prison in fraud; She receives one-year term and is ordered to repay the $227,000 she stole": The Sacramento Bee today contains an article that begins, "The former secretary of a Sacramento federal judge has been sentenced to a year in prison after pleading guilty to mail fraud in connection with her theft of $227,000 from the judge while she was working for him and handling his personal financial matters."
Posted at 08:15 AM by Howard Bashman



"Backers of gay marriage rally amid hope on key court case": The Newark (N.J.) Star-Ledger contains this article today. A bit later this morning, I'll provide a link to a live web broadcast of today's oral argument.

Update: At 10 a.m. eastern time today, the Supreme Court of New Jersey will hear oral argument in Lewis v. Harris, a case that presents the question "Does the New Jersey Constitution require the State to allow same-sex couples to marry?" You can access a live webcast of the oral argument via this link. And the decision under review is here.
Posted at 07:30 AM by Howard Bashman




"Judge Bars Moussaoui From Courtroom": This article appears today in The Washington Post.

The Los Angeles Times reports today that "Moussaoui Barred From Rest of Jury Phase After Outburst."

The Richmond Times-Dispatch reports that "Moussaoui barred from jury selection after outburst."

The Washington Times reports that "Judge ousts Moussaoui again."

USA Today reports that "Moussaoui kicked out of court after tirades."

The Sacramento Bee reports that "Moussaoui shut out of jury selection."

And The Associated Press reports that "Jury Selection to Resume Without Moussaoui."
Posted at 07:28 AM by Howard Bashman




"SJC misses date on gay marriages": The Republican of Springfield, Massachusetts today contains an article that begins, "Delaying a decision on a case watched around the country, the state's highest court has waived a self-imposed deadline for ruling on whether gays from other states can legally marry in Massachusetts."

And The Associated Press reports that "Court Extends Gay Marriage Ruling Deadline."
Posted at 07:22 AM by Howard Bashman




In today's edition of The Washington Post: Charles Lane reports that "Alito Hires as a Clerk Former Ashcroft Aide; Lawyer Played Key Role at Justice Dept."

And in other news, "Ford Cleared in Va. Suit Over Air Bags."
Posted at 07:20 AM by Howard Bashman




"Affirmative Blackmail: The ABA orders law schools to practice racial preference--even if they have to break the law." Law Professor David E. Bernstein's op-ed from this past Saturday's edition of The Wall Street Journal can now be freely accessed at this link.
Posted at 07:10 AM by Howard Bashman



USA Today is reporting: Today's newspaper contains articles headlined "Cyberstalking law opens debate on what's annoying" and "Canada's new PM worries gay couples; Conservative plans vote on ending same-sex marriage."
Posted at 07:05 AM by Howard Bashman



"Justices Skeptical of 'Friends' Suit; Supreme Court notes that a fired assistant claiming sexual harassment had been warned about raunchy writers' meetings": Maura Dolan has this article today in The Los Angeles Times.

Today in The New York Sun, Josh Gerstein reports that "Sex Harassment Is Alleged By a Writer of 'Friends.'"

And David Kravets of The Associated Press reports that "Justices weigh free speech, vulgarity in 'Friends' lawsuit."
Posted at 07:00 AM by Howard Bashman




"Some Wonder If Chertoff Can Survive; Once hailed as the 'right man' for Homeland Security, he faces tough questions from a Senate panel over department's response to Katrina": This article appears today in The Los Angeles Times.
Posted at 06:54 AM by Howard Bashman


Tuesday, February 14, 2006


On this date in "How Appealing" history: On February 14, 2003, I linked here to an article headlined "Filibuster on Judgeship Stalls Senate Before Recess" published that day in The New York Times.

Two years ago today, I had a post titled "What's your favorite Judge Selya vocabulary word?" I also had a post featuring photos of Justice Ruth Bader Ginsburg on the beach in Hawaii.

And one year ago today, I linked here to newspaper articles headlined "Bush Tries Luck Again With Judicial Nominees; 12 Candidates For Federal Courts Blocked in 1st Term" and "Bush Renominates as Judges 7 Whom Democrats Blocked."
Posted at 11:35 PM by Howard Bashman




In Wednesday's issue of The New York Times: Tomorrow's newspaper will contain articles headlined "Judge Ejects 9/11 Suspect After Outburst" and "Ohio Board Undoes Stand on Evolution."
Posted at 11:18 PM by Howard Bashman



"Judge Orders a Kinder Execution": The Los Angeles Times provides this news update.
Posted at 11:15 PM by Howard Bashman



"Milan D. Smith, Jr., of California, to be United States Circuit Judge for the Ninth Circuit, vice A. Wallace Tashima, retired": The White House's announcement earlier today of a nominee for the final current open vacancy on the U.S. Court of Appeals for the Ninth Circuit can be viewed at this link. The nominee's law firm bio can be accessed here.
Posted at 11:10 PM by Howard Bashman



"Senate Foes Block Proposed Trust Fund For Asbestos Victims; Vote Short Against Budgetary Challenge": This article will appear Wednesday in The Washington Post.

The New York Times on Wednesday will report that "Asbestos Bill Is Sidelined by the Senate."

And James Kuhnhenn of Knight Ridder Newspapers reports that "Senate rejects trust fund for asbestos victims."
Posted at 10:40 PM by Howard Bashman




"Government sees new need for abortion ruling": At "SCOTUSblog" this evening, Lyle Denniston has a post that begins, "The Bush Administration urged the Supreme Court on Tuesday to move ahead with a final ruling on the constitutionality of the controversial federal ban on 'partial-birth abortions,' arguing that there would be no value in sending a pending case back to a lower court for another look." The federal government's supplemental brief can be accessed here.
Posted at 10:15 PM by Howard Bashman



"It's Feinstein versus Boxer on asbestos trust fund legislation": The Associated Press provides this report.

And The AP is also reporting that "Asbestos Fund Opponents Kill Bill."
Posted at 08:54 PM by Howard Bashman




"Judge refuses to block execution": Howard Mintz of The San Jose Mercury News provides an update that begins, "A federal judge in San Jose today refused to block next week's scheduled execution of condemned killer Michael Morales, placing restrictions on how the state proceeds with its lethal injection procedure but rejecting a broad challenge to the method used to put inmates to death."

Bob Egelko of The San Francisco Chronicle has a news update headlined "State ordered to ensure Morales is unconscious before lethal injection."

And David Kravets of The Associated Press reports that "Judge rules California must alter protocol for executions."

You can access the opinion at this link.
Posted at 08:40 PM by Howard Bashman




Michigan man not sheepish in trying to avoid sex-offender registration: The Battle Creek Enquirer reports today that "B.C. man, 42, receives prison time for sodomy."

And The Associated Press reports that "Michigan man opposes sex-offender label after no-contest plea."
Posted at 06:12 PM by Howard Bashman




"Supreme Chaos: The Politics of Judicial Confirmation and the Culture War." Former Fifth Circuit Judge Charles W. Pickering, Sr. will be speaking tomorrow afternoon at The Heritage Foundation in connection with his new book. You should be able to view the event live, online via this link beginning at 2 p.m. tomorrow, and after the event concludes the video should be archived at this link.
Posted at 05:50 PM by Howard Bashman



"The Future of the Supreme Court": That was the subject of this week's broadcast of NPR's "Justice Talking." You can access the audio online in both Windows Media and mp3 formats.
Posted at 05:30 PM by Howard Bashman



"The court bailiff provided a Bible to a deliberating juror, who then read aloud to his fellow deliberating jurors a passage concerning the Biblical mandate of 'an eye for an eye'": That fact, in a case where the jury returned a death sentence in a North Carolina state court, has today resulted in a divided ruling from the U.S. Court of Appeals for the Fourth Circuit in the criminal defendant's habeas appeal.
Posted at 05:14 PM by Howard Bashman



"Truth takes a holiday": Today in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed that begins, "It now appears that defense attorneys for Michael Morales, who is scheduled to be executed Feb. 21 for the 1981 rape and murder of 17-year-old Terri Winchell, submitted phony affidavits in their attempt to win clemency or otherwise prevent the execution."
Posted at 04:40 PM by Howard Bashman



"Top N.Y. Court Axes Domestic Partner Law": The Associated Press provides this report on a 4-3 ruling that the Court of Appeals of New York issued today.

In a passage that calls to mind another dispute currently in the news, the dissenting opinion argues, "Under a separation of powers system it is the job of the legislative branch to enact laws and the executive to carry them out. An executive who believes that a law is unconstitutional is not powerless but must follow a process by which the judiciary -- and not the executive -- determines the issue in the first instance."
Posted at 03:40 PM by Howard Bashman




"Slate's Jurisprudence: 'Cruel and Unusual' Injections?" This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:20 PM by Howard Bashman



"Enron's Skilling defended Fastow's deals: witness." Reuters provides this report.
Posted at 03:05 PM by Howard Bashman



"So I'm a Supreme Court Justice - What Do I Do All Day?" "The Faculty Blog" of the University of Chicago Law School notes, in a post titled "Justice Breyer Part 2: A Day in the Life," that you can now access online an additional audio file (mp3 format) from Justice Stephen G. Breyer's recent visit to that law school.

Another recent post at that blog -- titled "A Law Barring Junior from Holding His Breath Until He Turns Blue in the Face?" -- is also worth a look. The post mentions the Savetoby.com web site.
Posted at 03:02 PM by Howard Bashman




Lottery winners but income tax losers: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued an opinion that begins, "Lottery winners, after receiving several annual installments of their lottery prize, sold for a lump sum the right to their remaining payments. They reported their sale proceeds as capital gains on their tax return, but the Internal Revenue Service (IRS) classified those proceeds as ordinary income." The Third Circuit's ruling today rejects the lottery winners' appeal from the IRS's decision, which resulted in some $660,000 in additional tax due.
Posted at 02:55 PM by Howard Bashman



The ABA makes Rev. Jerry Falwell's day: The News & Advance of Lynchburg, Virginia reports today that "Liberty law school Okd by the bar."

And the law school itself has issued a press release entitled "Liberty University School of Law Receives ABA Accreditation."
Posted at 02:45 PM by Howard Bashman




"Right's push on judges is resumed": The Hill today contains an article that begins, "Conservatives on and off Capitol Hill are urging Senate Republican leaders to renew the push to nominate and confirm right-wing jurists to the federal bench just two weeks after Samuel Alito's confirmation to the Supreme Court."
Posted at 02:35 PM by Howard Bashman



"Attorneys Argue Cubans Denied Fair Trial": The Associated Press provides this report on a case argued today before the U.S. Court of Appeals for the Eleventh Circuit sitting en banc. That court's statement of the issues to be reargued en banc can be accessed here.
Posted at 02:30 PM by Howard Bashman



"Blood trial on verge of collapse; Expert suggests evidence insufficient for convictions, defence lawyers say": The Toronto Globe and Mail today contains a front page article that begins, "The criminal case against three defendants in the tainted-blood scandal teetered on the brink of failure yesterday after the prosecution made a surprise request for delay on the day the trial was set to begin."

And The Toronto Star reports today that "Tainted blood trial in doubt; Crown has week to decide on charges after expert witness changes opinion."
Posted at 02:24 PM by Howard Bashman




"Murder for love? A jury will decide; A trial that starts on Valentine's Day already is drawing national attention; A wife's words could send her husband to death row for an ex-lover's slaying." The St. Petersburg Times contains this article today.
Posted at 01:04 PM by Howard Bashman



"House takes stand for unrestricted prayer, 83-0; Resolution, which lacks force of law, sends a message to judge who banned invoking of 'Jesus'": This article appears today in The Indianapolis Star. The text of the resolution can be accessed here.
Posted at 01:00 PM by Howard Bashman



In news from Hawaii: The Honolulu Star-Bulletin today contains articles headlined "Court refuses to dismiss Hawaiian artifacts case; Groups continue to meet to resolve the repatriation dispute" and "ABA throws its support behind Akaka Bill."
Posted at 12:54 PM by Howard Bashman



Any questions? I have agreed to participate in a written interview about "How Appealing" that the founder of another law-related web log that I greatly admire intends to publish. I suggested that it might be worthwhile to solicit some questions from the readers of "How Appealing," and the interviewer has agreed. If you'd like to propose a question or two, please send me an email, and I'll forward along the most interesting questions to the interviewer. Once the interview is published, I'll be sure to provide a link.
Posted at 12:48 PM by Howard Bashman



"Don't Copy This Headline!" Last Friday, BNA published an article by attorneys Martin J. Bishop and Thomas K. Anderson discussing "the potential impact of a pending copyright infringement case that challenges Google's use of newspaper headlines to link to news stories." I was interviewed for the article and am quoted in it. The blog "Old Fox's KM blotter," where the article's text appears, takes the matter one step further by not only copying the article's headline but also its entire copyrighted text.
Posted at 12:33 PM by Howard Bashman



"Boy Scouts at the 9th Circuit": Hans Zeiger has this essay about an appeal to be argued today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Additional background about the case can be accessed here.
Posted at 11:54 AM by Howard Bashman



"Judge Bars Moussaoui From Courtroom": The Associated Press provides a report that begins, "A federal judge rule Tuesday that confessed al-Qaida conspirator Zacarias Moussaoui will not be in the courtroom for jury selection at his upcoming death-penalty trial, after Moussaoui again defied the judge at a pre-trial hearing."
Posted at 11:00 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "New Jersey High Court to Weigh Gay Marriage Case" and "Justice Department Offers Legal Reasoning for Surveillance" (RealPlayer required).
Posted at 10:33 AM by Howard Bashman



"In Pa., Heimlich Maneuver Might Not Be on the Menu": Today in The Legal Intelligencer, Asher Hawkins has an article (subscription required) that begins, "Pennsylvania's restaurants do not owe patrons a duty to perform the Heimlich maneuver on them if they begin to choke, a Superior Court panel has ruled in a case of first impression." You can access last Friday's ruling of the Superior Court of Pennsylvania at this link.
Posted at 10:28 AM by Howard Bashman



Some things are better left unsaid? The Associated Press reports that "Scalia Says Opponents Are 'Idiots.'"
Posted at 10:20 AM by Howard Bashman



"Jilted, then sued over the ring; A precious lesson in Pa. law": This article appears today in The Philadelphia Inquirer.
Posted at 10:15 AM by Howard Bashman



"Immigration judges told: Be respectful; AG orders a Justice Dept. probe on reports of abuse from bench." The Newark (N.J.) Star-Ledger contains this article today.
Posted at 10:08 AM by Howard Bashman



"Cappy's pay raise lobbying ruled OK; Conduct board drops ethics complaint filed against chief justice": This article appears today in The Pittsburgh Post-Gazette.
Posted at 10:05 AM by Howard Bashman



"Judge delays ruling on privacy of teen sex": Today's edition of The Wichita Eagle contains an article that begins, "It will be at least a month before a federal judge rules on a bench trial that ended last week over the sexual privacy of Kansas teenagers."
Posted at 07:22 AM by Howard Bashman



"Spotlight falls on Enron's crash point; Defense attempts to show Lay was kept unaware of mounting losses": Mary Flood has this article today in The Houston Chronicle.

USA Today reports today that "Enron jury hears 2 hours of conference call tapes; Defense tries to show what CEO Ken Lay was up against."

And The New York Times contains an article headlined "For Enron, Unwitting Assistance."
Posted at 07:20 AM by Howard Bashman




"Killer's Legal Team Backs Off in Dispute; Lawyers for death row inmate Michael Morales have withdrawn allegedly faked juror statements supporting their clemency bid": This article appears today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Pro-clemency declarations withdrawn; Prosecutor says action amounts to forgery admission."

In The San Jose Mercury News, Howard Mintz reports that "Decision nears on clemency bid; Judge asks for lethal injection data."

And The Sacramento Bee reports that "Case against execution trimmed; Morales' lawyers concede doubts about juror declarations."
Posted at 07:15 AM by Howard Bashman




"Miller, Fitzgerald Face Off Again": The New York Sun today contains an article that begins, "Journalist Judith Miller and U.S. Attorney Patrick Fitzgerald squared off in court again yesterday, with a lot less public attention than last year, when the dogged special prosecutor in the Valerie Plame case had the then-New York Times reporter jailed for 85 days to force her to disclose the identity of an anonymous source."

And today in The New York Times, Adam Liptak reports that "Judges Hear U.S. Bid for Phone Records of 2 Reporters."
Posted at 07:05 AM by Howard Bashman




In today's edition of The Washington Post: The newspaper contains articles headlined "Former Official Backs Lobbyists in Leak Case" and "'Don't Ask' Costs More Than Expected; Military's Gay Ban Seen in Budget Terms."

And columnist E.J. Dionne Jr. has an op-ed entitled "Bridging the Divide on Abortion."
Posted at 07:00 AM by Howard Bashman




"The Gitmo disgrace": This editorial appears today in The Los Angeles Times.
Posted at 06:55 AM by Howard Bashman



In today's edition of The New York Times: The newspaper contains articles headlined "Ohio Expected to Rein In Class Linked to Intelligent Design" and "Sergeant's Raunchy Comedy Puts Police Career at Risk."

And an editorial is entitled "Another Obstacle to the Asbestos Bill."
Posted at 06:50 AM by Howard Bashman




"Gay marriage case going before NJ's highest court": The Associated Press provides this report.
Posted at 06:44 AM by Howard Bashman


Monday, February 13, 2006


On this date in "How Appealing" history: On February 13, 2003, I had a post titled "Senate Judiciary Committee approves nomination of Jeffrey S. Sutton to serve on the U.S. Court of Appeals for the Sixth Circuit by vote of 11-8." I also linked here to an article headlined "A Filibuster Resembling Those of Decades Past" published that day in The New York Times.

And on February 13, 2004, I linked here to an article headlined "Search uncovers Luna's penknife; Federal prosecutor, 38, was likely stabbed with it, investigators believe" published that day in The Baltimore Sun.
Posted at 11:28 PM by Howard Bashman




Blame the victim: William Douglas of Knight Ridder Newspapers reports that "Cheney's companion at fault in shooting, White House says."

Tuesday's edition of The New York Times will contain articles headlined "No End to Questions on Cheney Hunting Incident" and "Groans at Home Re: (Cheney Joke Here)."

And The Washington Post on Tuesday will contain an article headlined "After Cheney's Shooting Incident, Time to Unload; Episode Triggers a Fusillade of Wisecracks, And a Withering Blast From White House Press."
Posted at 11:14 PM by Howard Bashman




Available online at law.com: In news from Florida, "Padilla Defense Challenges Evidence as Possible Fraud."

And in news from Texas, "Austin Solo Recovering After Cheney Peppers Him in Hunting Mishap."
Posted at 09:58 PM by Howard Bashman




"Government: detainees have no constitutional rights." Lyle Denniston has this post at "SCOTUSblog." The filing that's the subject of his post can be accessed here.
Posted at 09:55 PM by Howard Bashman



"The Nixon Doctrine: If the commander in chief does it, it's not illegal." Law Professor David Cole has this jurisprudence essay online at Slate.
Posted at 08:15 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Report: 'Don't Ask, Don't Tell' Cost $363M" and "Ken Starr Withdraws Death Row Case Papers."
Posted at 08:05 PM by Howard Bashman



"Frist plans June vote on gay marriage; Aides say election-year push for constitutional ban likely to fail": CNN.com provides this report.
Posted at 08:00 PM by Howard Bashman



"Citing no reliability, Morales lawyers withdraw juror statements": David Kravets of The Associated Press provides a report that begins, "Former Whitewater independent counsel Kenneth Starr and a Los Angeles attorney said Monday they would withdraw unreliable affidavits from jurors submitted to Gov. Arnold Schwarzenegger as part of a bid to spare a murderer and rapist from execution." My earlier coverage is here.

And Howard Mintz of The San Jose Mercury News has an update headlined "Judge weighs alternatives to execution by lethal injection."
Posted at 05:50 PM by Howard Bashman




"Crown seeks delay in tainted blood trial to reassess its case, new evidence": Canadian Press provides this report.

The Associated Press reports that "Prosecution witness casts doubt on Canadian tainted-blood case."

Friday's edition of The Toronto Star reported that "Flip-flop threatens blood trial."

And The Toronto Sun on Friday contained an article headlined "Report to end tainted blood trial?"
Posted at 05:45 PM by Howard Bashman




"Blogs to Riches: The Haves and Have-Nots of the Blogging Boom." This article (with lots more related stuff lurking at its end) appears in the February 20, 2006 issue of New York Magazine.
Posted at 05:34 PM by Howard Bashman



"The majority's opinion today greatly increases the power of the federal government to regulate the use of waters on private property." The scope of the federal Clean Water Act and Congress's power under the commerce clause are both at issue in a ruling that a three-judge panel of the U.S. Court of Appeals for the First Circuit released today. Each judge on the panel issued an opinion.
Posted at 05:24 PM by Howard Bashman



"Ninth Circuit Judicial Conference to Focus on 'Seismic Shifts'": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 05:18 PM by Howard Bashman



"Enron's defense could be brilliant... or crazy; Lawyers for Lay and Skilling are undertaking a risky defense strategy; Will it pay off?" CNNMoney.com provides this report.
Posted at 04:15 PM by Howard Bashman



"Judge Blocks Handover of Citizen to Iraq": The Associated Press provides this report.
Posted at 03:18 PM by Howard Bashman



"The court took this case en banc to consider whether witness testimony presented on a television monitor at a criminal trial in Montgomery, Alabama, by live, two-way video conference with witnesses in Australia, violated the Defendants' Sixth Amendment right to confront the witnesses against them." The U.S. Court of Appeals for the Eleventh Circuit today issued its en banc decision in United States v. Yates, ruling by a margin of 10-3 that the defendants' confrontation clause rights had been violated.

The original three-judge panel's opinion in the case, which reached the same result and contained an interesting opinion concurring in the result from the Eleventh Circuit's Chief Judge, can be accessed here. My earlier coverage of the three-judge panel's ruling can be accessed at this link.
Posted at 03:00 PM by Howard Bashman




"Appeals court hears argument on Nebraska's same-sex marriage ban": The Associated Press provides this report.

And The Omaha World-Herald provides a news update headlined "Arguments on marriage ban heard."

The U.S. District Court ruling that was the subject of today's oral argument before the U.S. Court of Appeals for the Eighth Circuit can be accessed here. Back in May 2005, I linked to press coverage of the ruling here and here. The appellate briefs filed in the case can be accessed via this link. And you can access the audio of today's oral argument by clicking here (RealPlayer required).
Posted at 02:30 PM by Howard Bashman




"Alito to have 1 shot at influencing First Amendment this term": Tony Mauro has this news analysis online today at the First Amendment Center.
Posted at 02:10 PM by Howard Bashman



"The Bright Lights of Freedom": This segment (RealPlayer required) featuring Yale Law School Dean Harold Hongju Koh appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:54 PM by Howard Bashman



"Court in the middle of Olympic disputes": Reuters provides this report.
Posted at 12:34 PM by Howard Bashman



"Big Impact Seen In Israel Spy Case": Today in The New York Sun, Josh Gerstein has an article that begins, "Lawyers for two former pro-Israel lobbyists under indictment for leaking classified information have denounced the prosecution as an assault on the First Amendment and warned that a vast array of policy advocates and journalists could be in jeopardy if the case goes forward."
Posted at 12:28 PM by Howard Bashman



"High court says Utah can't regulate out-of-state spammers": Saturday's edition of The Salt Lake Tribune contained this article reporting on a decision that the Supreme Court of Utah issued last Friday.
Posted at 12:25 PM by Howard Bashman



"The Worst Judges in Texas: In these courtrooms, justice comes to a screeching halt." This article appears in the current issue of The Texas Observer.
Posted at 11:23 AM by Howard Bashman



"Ga. court throws out key part of civil justice bill; Justices rule defendants can't decide venues of medical malpractice cases": Bill Rankin of The Atlanta Journal-Constitution has a news update reporting on a ruling that the Supreme Court of Georgia issued today.
Posted at 11:05 AM by Howard Bashman



"For Russians, Car Wreck Is A Case Study In Privilege": The Washington Post today contains a front page article that begins, "The imprisonment of a man who was involved in a traffic accident that killed one of Russia's best-known politicians triggered protests across the country this weekend, especially among motorists who view the jailing as a chilling failure of the courts to protect average citizens from vengeful authorities."
Posted at 10:50 AM by Howard Bashman



"Blawg Review #44": Available here at "Health Care Law Blog."
Posted at 07:25 AM by Howard Bashman



"Many await ruling in teen sex case; Reporting of activity at issue": This article appears today in The Kansas City Star.
Posted at 07:22 AM by Howard Bashman



"Less Is More: When Courts Decide a Law Means the Opposite of What It Says." Today's installment of my weekly "On Appeal" column for law.com can be accessed here.
Posted at 07:15 AM by Howard Bashman



"In legal limbo: A majority of the prisoners at Guantanamo Bay have no history of aggression toward the United States, and no hope of being released any time soon." This editorial appears today in The St. Petersburg Times.
Posted at 07:12 AM by Howard Bashman



"Lay, Skilling Lawyers May Have Time on Their Side; Questioning has run long; A slow trial may make jurors resentful of the government": The Los Angeles Times contains this article today.

USA Today reports today that "Ken Rice testimony could be significant; Former exec pleaded guilty in stock sale."

And The Houston Chronicle reports today that "Next witness was once close friend to Skilling."
Posted at 07:10 AM by Howard Bashman




"Web Sites Fight Proof-of-Age Rules For Porn Performers": This article (free access) appears today in The Wall Street Journal.
Posted at 07:04 AM by Howard Bashman



"Patent lawsuits hit tech titans; Small companies seek settlements": Today's edition of USA Today contains an article that begins, "BlackBerry maker Research in Motion's legal fight with tiny patent-holding firm NTP has BlackBerry fans worried that the dispute might cause the popular e-mail service to be temporarily shut down in the USA. But that legal fight is far from unique."
Posted at 07:02 AM by Howard Bashman



"A Jury of Their Fears: Finding a panel in the shadow of the Pentagon won't be easy." This article (free access) about the Zacarias Moussaoui trial appears today in Legal Times.
Posted at 06:54 AM by Howard Bashman



In today's issue of The National Law Journal: Stephen L. Wasby has an essay entitled "9th Circuit Split: A better solution."

And John Beisner and Jessica Davidson Miller have an essay entitled "Class Action Fairness: Fulfilling framers' promise."
Posted at 06:50 AM by Howard Bashman



Sunday, February 12, 2006


On this date in "How Appealing" history: On February 12, 2003, I linked here to an article headlined "Filibuster on Judgeship Halts Business in the Senate" published that day in The New York Times.

And one year ago today, I linked here to an article headlined "Senate's New Math May Aid Stalled Judicial Nominees" published in the next day's edition of The New York Times. Ironically, the article reported that William Gerry Meyers III was the judicial nominee who might "end the divisive partisan battle over judges." Of course, his nomination to the U.S. Court of Appeals for the Ninth Circuit remains stalled while other controversial nominees to the U.S. Courts of Appeals have, in the interim, been confirmed.
Posted at 10:10 PM by Howard Bashman




One more reason why U.S. Supreme Court Justices might choose not to go hunting with Vice President Dick Cheney: The Associated Press reports that "Cheney Accidentally Shoots Fellow Hunter." The victim is described as "a millionaire attorney from Austin."

Update: In local coverage, The Corpus Christi Caller-Times reports that "Cheney accidentally shoots fellow hunter at nearby ranch." And The Austin American-Statesman reports that "Austin lawyer Harry Whittington shot by Cheney on hunting trip; Vice president accidentally injured Whittington at South Texas ranch."
Posted at 06:35 PM by Howard Bashman




"Innocent, but in limbo at Guantanamo; Five Chinese Muslims, captured in Pakistan by mistake, try to get the US Supreme Court to take their case": Warren Richey will have this article Monday in The Christian Science Monitor.
Posted at 06:30 PM by Howard Bashman



"Smears in Cyberspace: Blogs and media ethics." Cathy Young has this essay in the February 2006 issue of Reason.
Posted at 03:03 PM by Howard Bashman



"'All the people in Hamilton are proud of him,' mom says": The February 1, 2006 issue of The Trenton Times contained an article that begins, "Like any loving mother, Rose Alito was anxious yesterday to learn if her son would get the job promotion of a lifetime. So she had her eyes on the television and an ear to the phone, waiting for the U.S. Senate's vote to confirm her son -- Hamilton native Samuel Anthony Alito Jr. -- as the 110th justice of the U.S. Supreme Court."
Posted at 02:40 PM by Howard Bashman



"Finding Unbiased Moussaoui Jury Not Easy": The Associated Press provides this report.
Posted at 02:35 PM by Howard Bashman



"Witnesses' plea deals pose delicate challenge; Lawyers face a tough tango over credibility": This article about the Enron trial appears today in The Houston Chronicle.
Posted at 10:22 AM by Howard Bashman



"Same-sex marriage goes to top court; A liberal-leaning New Jersey Supreme Court could swiftly legalize gay nuptials, lawyers and scholars say": The Philadelphia Inquirer contains this article today.
Posted at 10:15 AM by Howard Bashman



"Some Immigrants Meet Harsh Face of Justice; Complaints of insensitive -- even abusive -- conduct by some U.S. immigration judges have prompted a broad federal review": This article appears today in The Los Angeles Times.
Posted at 10:05 AM by Howard Bashman



"Death Charge: Zacarias Moussaoui hurtles closer to his execution." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:00 AM by Howard Bashman


Saturday, February 11, 2006


On this date in "How Appealing" history: On February 11, 2005, I had a post titled "May your federal appellate decision not be lacking in circumcision humor." And I linked here to an article headlined "Droopy drawers law takes a hike; After global mirth, committee kills bill on breeches of etiquette" published one year ago today in The Richmond Times-Dispatch.

Meanwhile, two years ago today, this blog featured posts titled "Oh how the South is changing"; "Justice Ruth Bader Ginsburg visits Hawaii"; and "Law Professor Eugene Volokh has posted online a letter from a majority of the judges serving on the U.S. Court of Appeals for the Seventh Circuit opposing proposed Federal Rule of Appellate Procedure 32.1." In addition, I had a post linking to a newspaper article headlined "Has murder of Luna stumped investigators?" published that day in The Lancaster New Era.
Posted at 10:22 PM by Howard Bashman




"Moussaoui Defense: U.S. Failed to Probe." The Associated Press provides this report.
Posted at 10:14 PM by Howard Bashman



"Bring Back the Gang of 14": In tomorrow's edition of The New York Times, columnist David Brooks will have this op-ed (TimesSelect subscription required).
Posted at 08:25 PM by Howard Bashman



"Lawyers practice for showdown in high court": This past Thursday's edition of The Burlington Free Press contained an article that begins, "Attorney General William Sorrell stepped to the lectern, faced the black-robed panel and set out to argue the constitutionality of Vermont's 1997 campaign finance law."
Posted at 07:54 PM by Howard Bashman



"Roberts judges Moot Court": Friday's edition of The Daily Colonial, the student newspaper of The George Washington University, contained this article.
Posted at 07:40 PM by Howard Bashman



"David Lat's 15 Minutes of Fame (Or More)": This article appeared in this week's issue of Asian Journal.
Posted at 06:02 PM by Howard Bashman



"Judges complain of poisoned atmosphere; Judicial Council unseals documents revealing a feud in Brampton courthouse": The Toronto Globe and Mail today contains an article reporting that "At the centre of the storm is Judge Marvin Morten, 61, an Ontario Court Justice who allegedly denigrated one of his fellow judges as a 'jerk' and a 'wimp," and another as 'a pathetic piece of work.' There's more: He complained vociferously about their work habits, and they did the same about his. Judge Morten was accused of spying on them, and he was told he was 'rude and hostile.' Even the judges' parking arrangements were a point of dispute."
Posted at 02:35 PM by Howard Bashman



"House approves ban on abortion; Lawmakers: Roe v. Wade needs high court review." This article appeared yesterday in The Argus Leader of Sioux Falls, South Dakota.

And The Associated Press provides a report headlined "Ind. Proposal: Life Starts at Conception."
Posted at 02:30 PM by Howard Bashman




"Death Row inmate's lawyers accused; Statements believed to be from jurors are alleged forgeries": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Prosecutors of a Stockton man scheduled to be executed this month alleged for the second time Friday that his lawyers -- one of them Kenneth Starr, the independent counsel in the impeachment of President Bill Clinton -- had submitted forged documents in support of their application for clemency."

The Los Angeles Times reports today that "Forgery Is Alleged in Killer's Clemency Bid; Prosecutors say five of six sworn statements of jurors seeking to halt execution were falsified."

Claire Cooper, legal affairs writer for The Sacramento Bee, has an article headlined "New bid to halt Morales execution; Defense says prosecutor used false testimony to win the death sentence."

And David Kravets of The Associated Press has an article headlined "Prosecutors: Jury's Morales letters faked."

A reader has forwarded to me an email that Nathan Barankin, Communications Director for California Attorney General Bill Lockyer, sent yesterday to members of the news media. Attached to the email were: (1) "DA Press Release - the press release details the discovery and substance of the false and forged declarations from the jurors and the witness"; (2) "New Declarations - this document contains each of the sworn statements from the jurors and witness confirming that the documents submitted by Morales were false and forged"; and (3) "Petition - a petition from the DA requesting leave of the Governor to consider these additional clemency materials."
Posted at 02:15 PM by Howard Bashman




"Inquiry Into Wiretapping Article Widens": The New York Times on Sunday will contain an article that begins, "Federal agents have interviewed officials at several of the country's law enforcement and national security agencies in a rapidly expanding criminal investigation into the circumstances surrounding a New York Times article published in December that disclosed the existence of a highly classified domestic eavesdropping program, according to government officials."
Posted at 01:50 PM by Howard Bashman


Friday, February 10, 2006


Available online at law.com: Justin Scheck reports that "Appeals Court Nominee Has History With 9th Circuit."

In other news, "Texas Appeals Court Sides With Newspaper in $1 Billion Suit Over HIV Disclosure." My earlier coverage is here.

In news from New York, "'Art' Photo Is Not Subject to Privacy Law, Judge Finds."

And the brand-new installment of my weekly "On Appeal" column is headlined "Less Is More: When Courts Decide a Law Means the Opposite of What It Says."
Posted at 10:00 PM by Howard Bashman




"Stay of execution possible; Judge considers hearing on issue of lethal injections": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:08 PM by Howard Bashman



"Bush nominates Calif. environmental agency official to 9th U.S. Circuit": Howard Mintz had this article yesterday in The San Jose Mercury News.

Today in The Oakland Tribune, Josh Richman reports that "Bush makes pick for appeals court; State lawyer would fill 9th Circuit spot vacant for more than five years."

And the Metropolitan News-Enterprise reports today that "Schwarzenegger Administration Official Sandra Ikuta Nominated to Ninth U.S. Circuit Court of Appeals."
Posted at 09:04 PM by Howard Bashman




"'Vengeful Act': A family lawyer for Zacarias Moussaoui discusses the sanity and possible execution of 9/11's alleged '20th hijacker.'" Newsweek today provides this "web exclusive" article.
Posted at 05:54 PM by Howard Bashman



"Recently retired Colorado Supreme Court Justice Kourlis speaks with Ryan Warner about her new position as founding director of the Institute for the Advancement of the American Legal System based at the University of Denver." Last week, this segment (Windows Media Player) appeared on Colorado Public Radio's "Colorado Matters" program. More information about the Institute for the Advancement of the American Legal System based at the University of Denver can be accessed here.
Posted at 05:34 PM by Howard Bashman



Appellate commentary, now and then: At some point late tonight, law.com will post online the latest installment of my weekly "On Appeal" column. Therein, I address the soundness of recent rulings (see here and here) from the Ninth and Tenth Circuits construing the statute governing the time within which appellate review must be sought under the Class Action Fairness Act of 2005 to mean the opposite of what the statute actually says. Access to all of my past law.com columns is now available via this link.

And in Monday's edition of The Legal Intelligencer, I will have a column addressing two critically important recent appellate waiver rulings (see here and here, with dissents here and here) that the Supreme Court of Pennsylvania issued late last year. Because The Legal Intelligencer's online content is available only to subscribers, I'll post the full text of that column here before the end of next week.
Posted at 05:25 PM by Howard Bashman




Available online at "Wonkette": A post featuring two more photographs of Chief Justice John G. Roberts, Jr. with Carol Channing than I ever thought I'd see (the story behind the story is here), and a post reporting that former Fourth Circuit nominee Claude A. Allen has resigned from his job as President Bush's Domestic Policy Advisor.
Posted at 04:40 PM by Howard Bashman



"Appeals court rules in favor of Dallas Observer in HIV case; Billion-dollar lawsuit over unless plaintiff who sued alternative weekly for revealing his HIV-positive status appeals 3-judge panel's ruling": The Dallas Voice contains this article today. You can access at this link last month's ruling of the Court of Appeals for the Fifth District of Texas at Dallas.

In an article published on February 2, 2006 headlined "Testy: A happy ending to a silly lawsuit," the Dallas Observer again reveals the plaintiff's name. The original article giving rise to the lawsuit is here.

Back in August 2004, Texas Lawyer published an article about the lawsuit headlined "Paper Seeks Summary Judgment in Suit Over HIV-Status Disclosure."
Posted at 04:02 PM by Howard Bashman




"Colleague Could Counter Enron Prosecution Witness, Defense Says; Testimony could call into question the credibility of Mark E. Koenig, says Kenneth Lay's chief attorney": This article appears today in The Los Angeles Times.

The Washington Post reports today that "Former Enron Investor Relations Chief Defends Guilty Plea; Witnesses Were Intimidated Into Deals, Defense Says."

USA Today reports that "Lay's attorney hits snags in dealings with witness."

In The Houston Chronicle, Mary Flood has articles headlined "Witness defends his plea bargain" and "For juror, it's a case of law and odor."

The Associated Press reports that "Enron Witness to Testify for Seventh Day."

CNNMoney.com reports that "Next U.S. witness should perk up Enron trial; Koenig testimony due to wrap up next week; Rice, former head of broadband services, could take stand."

And today's broadcast of NPR's "Morning Edition" contained a segment entitled "Investor Relations Official in Spotlight at Enron Trial."
Posted at 03:44 PM by Howard Bashman




"Final testimony: Mourners gather to say farewell to Judge Rosenn." The Times Leader of Wilkes-Barre, Pennsylvania contains this article today.

The Citizens' Voice of Wilkes-Barre today contains an article headlined "With respect, Your Honor; Justice Alito among 400 to pay tribute."

And The Times-Tribune of Scranton yesterday contained an editorial entitled "Rosenn's legacy."
Posted at 03:18 PM by Howard Bashman




"Three-strikes law proposed for Islands": This article appears today in The Honolulu Advertiser.
Posted at 03:10 PM by Howard Bashman



"Lethal injection ruling expected; Judge says it's time to look at legality of the state's method": Claire Cooper, legal affairs writer for The Sacrament Bee, today has this article in that newspaper.
Posted at 03:03 PM by Howard Bashman



Glad that's been cleared-up: Today an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that "jurisdiction may be shown for a Hobbs Act prosecution of an individual by showing either that the crime had a direct effect or an indirect effect on interstate commerce." The unanimity of the en banc panel's decision is perhaps best explained, as noted in the concurring opinion of Circuit Judge Andrew J. Kleinfeld, by the fact that the resolution of this issue is of absolutely no consequence to the outcome of the case in which the ruling has been announced.
Posted at 02:50 PM by Howard Bashman



"Roberts Off to Quiet Start at Court": Gina Holland of The Associated Press provides a report that begins, "So far, Chief Justice John Roberts has led a harmonious Supreme Court, rallying colleagues to settle cases in the most limited, least controversial way. The question is whether that will last or has been just a short-term necessity for a changing court."
Posted at 02:22 PM by Howard Bashman



"Attorney Sandra S. Ikuta Nominated to Ninth Circuit Court of Appeals": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
Posted at 01:38 PM by Howard Bashman



"We have a three-way split." The U.S. Court of Appeals for the Seventh Circuit today issued a decision in which Circuit Judge Richard A. Posner's opinion concurring in the judgment begins:
We have a three-way split. Judge Evans wants to hold O'Neill to his guilty plea, but remand for resentencing before a different judge. Judge Sykes wants to grant O'Neill just the limited Paladino remand. My view is that the plea should be set aside. I join Judge Evans's proposed disposition, however, because his view is nearer to mine than Judge Sykes's is, because we need to decide the case, and because Judge Evans's proposed disposition does do a kind of rough justice; for O'Neill's primary desire is just to be resentenced by another judge rather than to reopen plea negotiations. Nevertheless, at the risk of seeming a fusspot, I cannot accept Judge Evans's analysis. I know that the life of the law has not been logic, but logic does have its claims, which in this case seem to me compelling. Either O'Neill was tricked into pleading guilty or he was not. If he was, the logical remedy is to set aside the plea; if he was not, then as Judge Sykes believes he is entitled to nothing more than a Paladino remand. I think the guilty plea should be set aside, and thus that O'Neill should not be subjected to the risk that the judge to whom the case is reassigned may think Judge Kennelly got it right and sentence O'Neill to the same 224 months.
You can access the complete ruling at this link.
Posted at 01:33 PM by Howard Bashman



"No regrets for Miers": The Dallas Morning News today contains an article that begins, "For Harriet Miers, her ill-fated nomination to the U.S. Supreme Court seems so long ago. Even now, four months after President Bush turned to her, she isn't sure exactly how it came to be. Nor does she have any regrets about accepting the offer that faltered in a storm of opposition by conservatives within the Republican Party. 'There was a lot of noise,' Ms. Miers acknowledged Thursday in her first interview since the nomination. 'But there were also a lot of great moments.'"
Posted at 12:18 PM by Howard Bashman



Shrimp acquitted of murder: Newsday today reports that "Jury finds flying shrimp did not cause man's death; Benihana not liable in case where widow claimed tossed food led to husband's death."

The New York Daily News reports that "Jury quickly skewers death-by-shrimp lawsuit."

And The New York Times reports that "Benihana Wins Flying Sizzling Shrimp Case."
Posted at 11:00 AM by Howard Bashman




"Bush Chooses Agency Counsel For 9th Circuit; Low-Profile, GOP Moderate Has No Bench Experience": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "President George W. Bush's latest pick for the 9th U.S. Circuit Court of Appeals is a low-profile, moderate Republican with no bench experience who supporters confidently predict is unlikely to face many hurdles on her way to confirmation." The article contains quotes from Ninth Circuit Judge Alex Kozinski, a judge for whom the nominee clerked, and Law Professor Eugene Volokh.
Posted at 10:35 AM by Howard Bashman



"Ex-counselor gets life term for child porn; Judge calls case worst in her career": This article appears today in The San Diego Union-Tribune.
Posted at 10:25 AM by Howard Bashman



Hobby rocket enthusiasts prevail in D.C. Circuit appeal seeking reconsideration of the decision of the Bureau of Alcohol, Tobacco, Firearms & Explosives to classify hobby rocket fuel as an explosive: At issue in today's ruling is whether ammonium perchlorate composite propellant deflagrates. According to the ruling, "a substance that deflagrates burns more rapidly than something that simply burns (like paper or a candle wick), but less rapidly than something that detonates (like dynamite)."
Posted at 10:22 AM by Howard Bashman



Attorney living next door to noisy college students results in D.C. Circuit decision: On behalf of a unanimous three-judge panel, Circuit Judge Merrick B. Garland today issued an opinion that begins:
It may be, as Robert Frost wrote, that "[s]omething there is that doesn't love a wall." In this case, however, an even thicker wall might have forestalled what the district court accurately described as a "lengthy and vitriolic neighborhood dispute." Washburn v. Lavoie, 357 F. Supp. 2d 210, 212 (D.D.C. 2004). On one side of the wall in question was Alan V. Washburn, an attorney and thirty-year resident of the Georgetown neighborhood of Washington, D.C. On the other side were four Georgetown University undergraduates. Washburn complained that the students were making too much noise. The students complained that Washburn was illegally tape-recording them. Testy letters were exchanged, and Washburn sued the students for defamation. For the reasons explained below, we affirm the district court's grant of summary judgment in favor of the students.
You can access the complete decision at this link.
Posted at 10:14 AM by Howard Bashman



"Teen-sex decision next week, judge says": The Wichita Eagle contains this article today.

And today in The Kansas City Star, columnist Barbara Shelly has an op-ed entitled "Underage sex: Legislature, not Kline and courts, should be sorting out this mess."
Posted at 07:23 AM by Howard Bashman




"RIM says 'work around' is free of patent risk": This article appears today in The Toronto Globe and Mail.

The New York Times reports today that "BlackBerry Maker Promises to Offer Backup Gear Soon."

And USA Today reports that "BlackBerry says workaround will keep e-mail up; Patent-infringement lawsuit hangs over current system."
Posted at 07:15 AM by Howard Bashman




"Justice moves at glacial pace for 'enemy combatant'; Unusual circumstances keep a terror suspect, arrested in Illinois in 2001, mired in legal limbo and held in a Navy brig hoping for day in court": The Chicago Tribune today contains an article that begins, "With the recent transfer of terror suspect Jose Padilla to a Miami jail to await trial, the sole remaining 'enemy combatant' in the U.S., Ali Saleh Kahlab al-Marri, still sits in the Charleston Naval Brig, awaiting the outcome of a slow legal battle over how to dispense justice when an alleged terrorist is a legal alien."
Posted at 07:10 AM by Howard Bashman



"Anaheim Strikes Out Against Angels; Jurors reject the city's contention that `Los Angeles' shouldn't be part of the team name; Claim of potential lost revenue is also denied": The Los Angeles Times contains this article today.

And The Orange County Register today contains an article headlined "Tears in the courtroom; Angels owner wins in name change, but mixed feelings remain, even among jury."
Posted at 07:05 AM by Howard Bashman




"President Kollar-Kotelly: Who elected her to run national security?" This editorial appears today in The Wall Street Journal.
Posted at 07:00 AM by Howard Bashman



"Supreme Court Puzzles Some With Mixed Answers on Lethal Injection": Charles Lane has this article today in The Washington Post.

And in related coverage, in The San Jose Mercury News, Howard Mintz reports today that "Death sentence may be delayed; Judge open to hearing lethal-injection debate."
Posted at 06:48 AM by Howard Bashman




"Voting Rights Under Siege": The New York Times today contains an editorial that begins, "American laws that strip convicted felons of the right to vote, barring nearly five million from the polls in the last election, are the most punitive and regressive laws of their kind in the democratic world."
Posted at 06:45 AM by Howard Bashman


Thursday, February 09, 2006


Tonight's DVD selection: "Junebug."
Posted at 11:25 PM by Howard Bashman



"What 'Is' Is: More fun with the Kansas teen-sex trial." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:22 PM by Howard Bashman



"Max Rosenn laid to rest": The Times Leader of Wilkes-Barre, Pennsylvania contains this news update, which notes that "U.S. Supreme Court Justice Samuel Alito was among those who attended, slipping in and out a side door."
Posted at 11:04 PM by Howard Bashman



"Asbestos Bill Meets Test, Faces New One": The Associated Press provides this report.

And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Senate Debates Compensation For Asbestos Victims" (transcript with link to audio).
Posted at 11:04 PM by Howard Bashman




Available online from law.com: Marcia Coyle reports that "High Court to Hear Challenge to Company Tax Breaks."

In news from California, "No One's Immune, Says Jail4Judges Group."

And an article reports that "Judge Questions Viability of NYC's Gun Litigation; Weinstein orders hearing on impact of federal act."
Posted at 11:00 PM by Howard Bashman




"Choppy Details of Nominee’s Past Emerge": At CalLaw.com's "Legal Pad" blog, Justin Scheck has a post that begins, "Sandra Ikuta, the new Ninth Circuit nominee, is known more for her studious demeanor and knowledge of environmental regulatory law than her expertise in kung fu."
Posted at 10:55 PM by Howard Bashman



"Campaign out to bring 'In God We Trust' to Lodi": This article appeared yesterday in The Record of Stockton, California.
Posted at 10:54 PM by Howard Bashman



"Angels Win ... the Lawsuit": The Los Angeles Times provides a news update that begins, "It's official: the name of the team will remain the Los Angeles Angels of Anaheim. The 9-3 verdict this afternoon by Orange County jurors resolved the dispute over the lease between the Angels, the 2002 World Series champions, and Anaheim, the team's municipal host and landlord."
Posted at 10:50 PM by Howard Bashman



"Judicial Activism: Power Without Responsibility? - A Justice Breyer Podcast." Sure, some U.S. Supreme Court Justices read blogs in more or less the same manner as you are doing right now, but perhaps Justice Stephen G. Breyer is the first member of that august group to go out and do his own podcast (with the assistance of some folks at the University of Chicago Law School). You can access the podcast via this post at "The Faculty Blog" of the University of Chicago Law School. I earlier linked here to press coverage of Justice Breyer's appearance.
Posted at 04:28 PM by Howard Bashman



"Publication (or Not) of Appellate Rulings: An Evaluation of Guidelines." Professor Stephen L. Wasby has this article in the current issue of the Seton Hall Circuit Review. Footnote three of the article cites a post published at "How Appealing" on June 22, 2004.
Posted at 03:54 PM by Howard Bashman



"Senators urge major changes to asbestos bill": Reuters provides this report.

The Associated Press reports that "White House Has Concerns on Asbestos Bill."

The New York Times reports today that "Large and Small Businesses Part Ways on Asbestos Bill."

The Cleveland Plain Dealer reports today that "Senate asbestos vote nears; Settlement fund would affect Ohio companies, workers, lawsuits."

The Milwaukee Journal Sentinel reports that "Senate to debate asbestos fund; Proposal could shake up Wisconsin suits."

And The Pueblo Chieftain reports that "Lawmakers in fight over asbestos claims."

Meanwhile, yesterday's broadcast of NPR's "Morning Edition" contained segments entitled "Senate Weighs Creation of Asbestos Trust Fund" and "Asbestos Bill: Winners and Losers" (RealPlayer required).
Posted at 03:25 PM by Howard Bashman




On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Enron Trial Update: Video Memories" and "Lured In by Enron's Illusion of Financial Health" (RealPlayer required).
Posted at 03:24 PM by Howard Bashman



Can a person be convicted of the federal criminal offense of being a felon in possession of a firearm if the underlying state law felony offense did not itself, as a matter of state law, preclude the person from possessing a firearm? Circuit Judge Ed Carnes of the U.S. Court of Appeals for the Eleventh Circuit issued this interesting opinion today.

According to the opinion, the appellant "asserts that it is illogical to treat more harshly a person whose right to bear arms was never terminated than one whose rights, including the right to bear arms, were terminated but then later restored."
Posted at 02:58 PM by Howard Bashman




"RIM outlines contingency for US BlackBerry users": Financial Times provides this news update.
Posted at 02:44 PM by Howard Bashman



"Money Shift Possibly Known Outside Enron, Witness Says": This article appears today in The New York Times.

The Washington Post reports today that "Enron Insider Spells Out Company Line."

And in The Houston Chronicle, Mary Flood reports that "Video shows Skilling and Lay painting rosy picture."
Posted at 02:40 PM by Howard Bashman




"Top judge 'concerned' about state court; Justice Kennedy says Hawaii's high court should find time to hear oral arguments": The Honolulu Star-Bulletin today contains an article that begins, "U.S. Supreme Court Associate Justice Anthony Kennedy told more than 100 attorneys and judges yesterday that he is 'concerned' about Hawaii's highest court, saying it is overburdened."

More information about Justice Anthony M. Kennedy's current visit to Hawaii can be accessed at this link.
Posted at 02:38 PM by Howard Bashman




"Angel Name Case Is in the Hands of the Jury; After 13 months of litigation, deliberations begin this morning with nine votes needed for a decision": This article appears today in The Los Angeles Times.

And today in The Orange County Register, columnist Frank Mickadeit has an op-ed entitled "Deconstructing the Angels' arguments; Why Anaheim should win, and probably will."
Posted at 12:35 PM by Howard Bashman




"Nichols trial to proceed in Fulton County Courthouse, judge rules": The Atlanta Journal-Constitution today contains an article that begins, "The death penalty trial of accused courthouse killer Brian Nichols will be held in the Fulton County Courthouse, a judge ruled Wednesday. Senior Judge Hilton Fuller left open the possibility that the trial could still be moved if too many potential jurors are bothered that the trial is in the same building where Nichols allegedly killed three people in March."
Posted at 10:30 AM by Howard Bashman



In news from Kansas: The Topeka Capital-Journal today contains an article headlined "Senate seeks role in picking justices."

And The Wichita Eagle today contains articles headlined "D.A. reads teen-sex law more broadly" and "Bill allows force to be met with force."
Posted at 10:15 AM by Howard Bashman




"Why many disabled fight assisted suicide; Bill would let doctors prescribe lethal drugs to the terminally ill": The Sacramento Bee contains this front page article today.
Posted at 10:08 AM by Howard Bashman



"Complaints Prompt Government Review of Immigration Courts": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:04 AM by Howard Bashman



"RIM unveils plan to keep BlackBerrys alive": Reuters provides this report.

And The Associated Press reports that "BlackBerry Maker Develops Workaround."

Today's press release from Research In Motion is entitled "RIM Announces Workaround Contingency for BlackBerry Customers."
Posted at 09:58 AM by Howard Bashman




"Judge Max Rosenn will be laid to rest today": This article appears today in The Citizens' Voice of Wilkes-Barre, Pennsylvania.

And that newspaper today also contains an editorial entitled "Judge Max Rosenn, a giant of the law."
Posted at 08:54 AM by Howard Bashman




"Asbestos justice": The Los Angeles Times contains this editorial today.
Posted at 07:28 AM by Howard Bashman



"Fewer looking toward law school; Applications down 10% from last year": This article appears today in The Boston Globe.

And The New York Times reports today that "Applications to Law Schools Are Declining."
Posted at 07:20 AM by Howard Bashman




"O'Connor a role model for the ages": Yesterday in The Chicago Tribune, columnist Mary Schmich had an op-ed that begins, "We need more wrinkled, jowly, white-haired women in power."
Posted at 07:18 AM by Howard Bashman



"Specter wants special court to supervise surveillance; Currently, president reviews program every 45 days": This article appears today in USA Today.
Posted at 07:14 AM by Howard Bashman



"Judge to Hear Challenge to Use of Lethal Injection; Foes say the practice may cause a very painful death, thus violating the U.S. Constitution": Today in The Los Angeles Times, Henry Weinstein has an article that begins, "A federal judge in San Jose will take up an issue today that has the potential to block all executions in California: whether lethal injections used on death row inflict so much pain that they violate the Constitution." My earlier coverage is here.
Posted at 07:08 AM by Howard Bashman



"3 convicted in deaths on 19 in sealed trailer; Prosecutors will now pursue a death sentence for truck's driver": Harvey Rice has this article today in The Houston Chronicle.

And The New York Times reports today that "3 More Convicted in Deaths of Immigrants in a Trailer."
Posted at 07:04 AM by Howard Bashman




"Secret Court's Judges Were Warned About NSA Spy Data; Program May Have Led Improperly to Warrants": The Washington Post today contains an article that begins, "Twice in the past four years, a top Justice Department lawyer warned the presiding judge of a secret surveillance court that information overheard in President Bush's eavesdropping program may have been improperly used to obtain wiretap warrants in the court, according to two sources with knowledge of those events."
Posted at 07:02 AM by Howard Bashman



"Bush picks Jackson lawyer; Michael Wallace nominated for seat on Court of Appeals": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 06:58 AM by Howard Bashman


Wednesday, February 08, 2006


"Angels Name Change Case Goes to Jury": The Los Angeles Times provides a news update that begins, "The month-long trial between the city of Anaheim and the Angels over the name of the baseball team will go to the jury Thursday after attorneys for each side presented closing arguments Wednesday."
Posted at 11:08 PM by Howard Bashman



"Legal Pad" blog reports on new Ninth Circuit nominee: You can access posts titled "State Lawyer Picked for Ninth Circuit" and "No Federal Judges Need Apply to 9th Circuit."
Posted at 11:00 PM by Howard Bashman



Dead judges providing the dispositive vote: A reader who closely follows the work of federal appellate courts emailed to draw my attention to D.C. Circuit opinions that issued after Circuit Judge Edward A. Tamm had died in 1985.

For example, in Greenberg v. FDA, 803 F.2d 1213 (CADC 1986), the majority opinion explains:

The case was argued before a panel of this court on May 16, 1985. On October 25, 1985 the panel, in a 2-1 decision, affirmed the District Court's decision. Shortly before the opinion issued, however, Judge Tamm, a member of the majority, died. Because he had concurred in the majority opinion before his death, the panel issued the opinion, together with a dissenting opinion. In light of the circumstances, appellant petitioned the court to rehear the case and to appoint a third judge to consider the petition. The court granted the petition, vacated the panel opinions, and appointed a third judge to reconsider the case. We now reverse the District Court's grant of summary judgment and remand this case for further proceedings.
The same email reports that "The Supreme Court never counts the votes of deceased Justices." My earlier post on this topic can be accessed at this link.
Posted at 10:45 PM by Howard Bashman



Further remembrance of Senior Third Circuit Judge Max Rosenn: In a post that originally appeared at "How Appealing" on July 26, 2003, I wrote, "Senior Third Circuit Judge Max Rosenn was born in 1910 and is still getting the job done (and done well), writing opinions and participating vigorously at oral argument. Indeed, Judge Rosenn was 90 years old way back in July 2000 when The Third Branch newsletter featured him in an article entitled 'Senior Judges Give New Meaning to "Volunteer."'" You can access the complete post at this link.
Posted at 10:30 PM by Howard Bashman



On this date in "How Appealing" history: On February 8, 2003, I linked here to an article appearing in the next day's edition of The New York Times Magazine under the headline "Everybody Has a Mother" (pass-through link) profiling Zacarias Moussaoui's mother.

And on this date in 2005, I had three posts (here, here, and here) arising from the fact that the U.S. Court of Appeals for the Ninth Circuit had been sued over the image of the Ten Commandments in its official seal. Does anyone know the status of that lawsuit today?
Posted at 10:15 PM by Howard Bashman




"The growing role of bloggers": Today in The Washington Times, Jim Geraghty has an op-ed in which he writes, "The withdrawal of the Miers nomination and the subsequent dynamics of the fight over Supreme Court Justice Samuel Alito demonstrate that the debate in Washington is now set by blogs -- and that this phenomenon has dramatically different effects on each of the two parties."
Posted at 10:00 PM by Howard Bashman



"Justice Stephen Breyer visits Lowell": Video from Justice Stephen G. Breyer's visit Monday to the high school from which he (was) graduated in 1955 can be accessed via this link. (Thanks to "Confirm Them" for the pointer.) Yesterday, I collected press coverage of the visit in a post that you can access here.
Posted at 09:04 PM by Howard Bashman



New nominations to the U.S. Courts of Appeals: Today the White House announced the following two nominations:
Sandra Segal Ikuta, of California, to be United States Circuit Judge for the Ninth Circuit, vice James R. Browning, retired.

Michael Brunson Wallace, of Mississippi, to be United States Circuit Judge for the Fifth Circuit, vice Charles W. Pickering, Sr., retired.

Additional information about Ms. Ikuta can be accessed here, while Mr. Wallace's law firm bio is here.
Posted at 08:28 PM by Howard Bashman



Safe-sex can be a blast: The Associated Press reports from Boston that "Woman Accused of Mailing Condom Explosives."

And The Boston Globe reports today that "Woman charged with mailing explosives; Anger toward men is seen as motive."
Posted at 08:08 PM by Howard Bashman




"Jury convicts smugglers in trailer deaths of 19": The Houston Chronicle provides a news update that begins, "A federal jury announced this morning it has convicted a ring of three people blamed in the deaths of 19 illegal immigrants who died in a failed smuggling attempt."
Posted at 08:02 PM by Howard Bashman



The Toronto Globe and Mail is reporting: Today's newspaper contains articles headlined "Raising the age of consent 'a priority' for Tories" and "Natives try 'banishment' to fight crime; Faced with modern ills of gangs and drugs, bands turn to the past for an antidote."
Posted at 06:04 PM by Howard Bashman



In news from Hawaii: The Honolulu Star-Bulletin reports today that "U.S. Supreme Court Justice Kennedy visits Farrington."

And The Honolulu Advertiser today contains an article headlined "Enlightening 'trustees of freedom'" that begins, "Supreme Court Justice Anthony Kennedy posed a difficult question to a panel of 15 high school students at Farrington High School yesterday: As an American, do you have a moral obligation to promote freedom in the world?" A photograph of Justice Anthony M. Kennedy sporting a lei can be accessed here.
Posted at 06:00 PM by Howard Bashman




"US plans massive data sweep; Little-known data-collection system could troll news, blogs, even e-mails; Will it go too far?" This article will appear Thursday in The Christian Science Monitor.
Posted at 05:50 PM by Howard Bashman



"Judge Max Rosenn, Longtime Fixture on 3rd Circuit, Dead at 96": Shannon P. Duffy of The Legal Intelligencer has written this obituary (free access).
Posted at 05:24 PM by Howard Bashman



"Six Same-Sex Couples Urge Florida Supreme Court to Strike Initiative Threatening Families of Same-Sex Couples": The ACLU has issued this press release today.

And Liberty Counsel has issued a press release entitled "Arguments on Florida Marriage Protection Amendment Go Well."

Video of today's oral argument before the Supreme Court of Florida can be accessed via this link.
Posted at 05:15 PM by Howard Bashman




"Should Sexually Active Minors Have a Right to Privacy? A Kansas Case Reveals the Dark Side of Mandatory Reporting." FindLaw commentator Sherry F. Colb has this essay today.
Posted at 05:10 PM by Howard Bashman



"Becoming bin Laden": In the Sunday Book Review section of this upcoming Sunday's edition of The New York Times, Law Professor Noah Feldman will have a review (TimesSelect subscription required) of the book "Messages to the World: The Statements of Osama bin Laden."
Posted at 04:50 PM by Howard Bashman



David B. Lat, lately of "Wonkette," defends his authorship of "Underneath Their Robes" while he was employed at the Newark, New Jersey U.S. Attorney's Office: Details here, following the lengthy block-quote. Don't hold your breath awaiting a response from the U.S. Department of Justice.
Posted at 04:10 PM by Howard Bashman



Deceased judge casts dispositive vote on divided three-judge panel of the U.S. Court of Appeals for the Third Circuit: Late yesterday, and earlier today, I linked to coverage justifiably singing the many praises of Senior Third Circuit Judge Max Rosenn, who died yesterday morning at the age of 96.

Today, the Third Circuit issued an opinion written by Judge Rosenn on behalf of the majority on a divided three-judge panel. An asterisk footnote to Judge Rosenn's name as listed in the coram states:

The Honorable Max Rosenn, Sr. submitted this opinion to the Clerk's office for processing on February 2, 2006. Prior to the filing of the opinion, Judge Rosenn passed away.
This raises several interesting questions.

I am of course familiar with decisions by unanimous three-judge panels on which the authoring judge has died before the opinion formally issued in which authorship is attributed to the deceased judge, but this is the first opinion that I recall in which the deceased judge's vote was dispositive to a decision that issued after the judge in question had died. If readers are familiar with any other such federal appellate court rulings, in which the dispositive vote was cast by a judge who had died before the opinion had issued, please send me an email identifying the opinion(s).

Other, related questions, arise. For example, if a U.S. Circuit Judge in regular active service were to cast a vote for rehearing en banc and then die before the voting had closed, would that deceased judge's vote count or not if the vote was necessary for rehearing en banc to be granted? On a fifteen-judge court, eight votes would be needed to grant rehearing en banc. If the deceased judge had provided the eighth vote, but dies before the voting closed, seven votes would be insufficient to grant rehearing en banc on a court with fourteen active judges remaining.

Similarly, what about the dissenting opinions of judges who have not survived to see the issuance of an opinion? Assume that a lone appellate judge on a three-judge panel writes a dissent but then dies before the decision from which he has dissented issues. Have you ever seen such a dissent published, or would the remaining two judges reconstitute as a quorum and issue the opinion as unanimous, for the two-judge panel, sans dissent.

Obviously, the big question here is whether a judge must be alive on the day on which an opinion issues in order for his or her vote to count. The Third Circuit's decision issued today suggests not. Is that correct?
Posted at 04:00 PM by Howard Bashman




"Rare Supreme Court Justice John Roberts Bobblehead": The eBay auction of this item ends later today. The current high bid is $229.50. And the question remains: what organization, person, or group of people commissioned this bobblehead?
Posted at 03:35 PM by Howard Bashman



Divided three-judge Ninth Circuit panel affirms Microsoft X-Box-related insider trading conviction: Today's decision, rejecting an appeal by a former Nvidia Corporation employee, can be accessed at this link.
Posted at 03:28 PM by Howard Bashman



Programming note: My day job will have me in center city Philadelphia for the early part of this afternoon. More later.
Posted at 10:55 AM by Howard Bashman



"Breyer Says 'Zero' Politics on the Court": The Associated Press provides this report. Related coverage is available via this earlier post.
Posted at 10:48 AM by Howard Bashman



Put a cork in it: A long-time reader emails to advise that "Supreme Cork Justices" (subtitle: "Finally, Justices you won't wine about!") are available for purchase here at eBay. If you're sober, the Justices' heads won't bobble, but if you first consume enough wine, who knows?
Posted at 10:45 AM by Howard Bashman



"Under the accrual accounting method used by Chrysler, was the company permitted to deduct anticipated warranty expenses in the year that it sold warranted motor vehicles to its dealers even though warranty claims had not necessarily been made?" Today in Chrysler Corp. v. Commissioner, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit answers "no."
Posted at 10:40 AM by Howard Bashman



In today's edition of The Wichita Eagle: The newspaper contains articles headlined "Who has the power? Doctor: Gender, race influence teen sex" and "Kline's consultant known for anti-abortion research."

And columnist Mark McCormick has an op-ed entitled "Kline values girls' privacy less than boys'."
Posted at 09:30 AM by Howard Bashman




"Koso gets prison time": The Lincoln (Neb.) Journal Star today contains an article that begins, "A Nebraska judge, unmoved by emotional testimony about a married couple’s love for each other, sentenced the husband Tuesday to 18 to 30 months in prison for having sex with the underage woman." The newspaper also contains a related article headlined "Now wait begins for teen mother, wife."

The Omaha World-Herald reports today that "Sex with wife, 14, gets man jail time."

And The New York Times reports that "Nebraska Man Sentenced for Having Sex With Girl, 13."
Posted at 09:28 AM by Howard Bashman




"Former law clerks fondly recall Judge Max Rosenn": The Citizens' Voice of Wilkes-Barre, Pennsylvania contains this article today, along with an obituary of Senior Third Circuit Judge Max Rosenn. Today's newspaper also reports that "WVIA to re-broadcast Rosenn biography tonight" and contains articles that begin, "A bout with pneumonia, failing health and trips in and out of the intensive care unit over the past month did nothing to deter Judge Max Rosenn's drive" (with quotes from an interview of U.S. Supreme Court Justice Samuel A. Alito, Jr.) and "In a 2004 decision that attracted national attention, Judge Max Rosenn locked horns with the Pennsylvania Board of Parole."

Meanwhile, The Times-Leader of Wilkes-Barry today contains an obituary headlined "Max Rosenn: 1910 - 2006: Farewell, your honor; Longtime judge, civic leader dead at 96." An article is headlined "Consummate jurist to the end." And an editorial is entitled "Judge Max Rosenn left indelible mark on Valley."
Posted at 08:50 AM by Howard Bashman




"Enron defense turns up errors; Annual report rebuts witness testimony": This article appears today in USA Today.

The Houston Chronicle reports today that "Witness admits errors in testimony; Defense takes aim at words, phrases used by the ex-chief of investor relations."

The Deal reports that "Enron Defense Crosses Koenig."

And The New York Times reports that "A Dream Comes to Earth in a Houston Courtroom."
Posted at 07:25 AM by Howard Bashman




"Groups urge inquiry into high court justice; State jurist ruled in cases of donors": The Chicago Tribune today contains an article that begins, "Public interest watchdog groups filed a complaint Tuesday with the state board that monitors judicial conduct, alleging that Illinois Supreme Court Justice Lloyd Karmeier improperly voted on cases involving big corporations that donated extensively to his campaign."

And The Chicago Sun-Times reports today that "High court justice accused of conflict."
Posted at 07:20 AM by Howard Bashman




"Judicial activism unlikely, Breyer says; Supreme Court justice lectures at U. of C." This article appears today in The Chicago Tribune.
Posted at 07:18 AM by Howard Bashman



Joan Biskupic is reporting: Today in USA Today, she has articles headlined "Abortion foes gain on new front; State 'fetal pain' bills advance" and "Abortion opponents going for 'fresh angle'; Groups reluctant to attack 'Roe' directly -- for now."
Posted at 07:15 AM by Howard Bashman



"Lawyer of the lost: The US won't release the Chinese Muslims being held illegally at Guantanamo Bay; Sabin Willett can't let them go either." The Boston Globe contains this article today.
Posted at 07:08 AM by Howard Bashman



"Senate Votes to Debate Bill for Asbestos Victims' Fund": This article appears today in The New York Times.

The Washington Post reports today that "Asbestos Settlement Advances; Senate Votes To Permit Debate."

The Los Angeles Times reports that "Asbestos Fund Effort Survives in Senate; Lawmakers hope to end years of lawsuits by creating a $140-billion compensation plan for victims of the cancer-causing material."

And The Washington Times contains an article deceptively headlined "Senate OKs asbestos bill, 98-1."
Posted at 07:04 AM by Howard Bashman




Available online from law.com: Tony Mauro has an article headlined "Justice Alito's Green Day; New justice to wade into Clean Water Act cases."

Justin Scheck reports that "Bankruptcy Rewrite Predicted to Bring a Flood of Appeals."

And in news from New York, "NY Chief Judge Proposes Public Official Pay Plan" and "Boies Firm Wins Skirmish Over Adelphia's Special Examiner Request."
Posted at 06:54 AM by Howard Bashman



Tuesday, February 07, 2006


On this day in "How Appealing" history: On February 7, 2003, as I then noted here, USA Today published an article headlined "The court conservatives hate" profiling the U.S. Court of Appeals for the Ninth Circuit.
Posted at 09:44 PM by Howard Bashman



"Notes on O'Connor, Mohammed and falling marble": Bill Mears has this report online at CNN.com.
Posted at 09:10 PM by Howard Bashman



"Bush-appointed judges most conservative on record, new UH study finds; Lead investigator Robert Carp says slant most evident in civil rights, liberties decisions": The University of Houston issued this press release yesterday.
Posted at 09:08 PM by Howard Bashman



"Polish woman refused abortion goes to Europe court": Reuters provides this report.
Posted at 06:04 PM by Howard Bashman



"Kline's investigation of clinics proceeds; This month's court ruling imposed limits on inquiry": The Kansas City Star today contains an article that begins, "Kansas Attorney General Phill Kline will continue his inquiry into abortion clinics, despite tight restrictions put on it by the state Supreme Court."

And The Topeka Capital-Journal today contains an editorial entitled "Court Rebuke -- Calm down; Attorney general Phill Kline feels strongly about abortion, but needs to restrain himself."
Posted at 06:02 PM by Howard Bashman




"Witness: Teen girls hurt most by sex." This article appears today in The Wichita Eagle. And a related news update is headlined "Doctor testifies in defense of Kline's opinion on reporting teen sex."
Posted at 06:00 PM by Howard Bashman



"Koso gets prison time": The Lincoln (Neb.) Journal Star provides a news update that begins, "A 22-year-old Falls City man has been sentenced to 18 to 30 months in prison after pleading guilty to a sexual assault charge filed after he impregnated and then married a 14-year-old girl."
Posted at 05:55 PM by Howard Bashman



"Reid Removes Objection to Asbestos Bill": The AP provides this report.
Posted at 05:50 PM by Howard Bashman



Some very sad news from the U.S. Court of Appeals for the Third Circuit: The Associated Press reports here that "Senior U.S. Circuit Court Judge Max Rosenn has died at the age of 96. Rosenn died early Tuesday at Wilkes-Barre General Hospital, according to Anthony J. Scirica, the 3rd Circuit's chief judge."

And The Times-Leader of Wilkes-Barre, Pennsylvania provides a newsbrief headlined "Judge Rosenn dies."

Max Rosenn joined the Third Circuit in 1970 and took senior status in 1981. What appears to be, according to Westlaw, Judge Rosenn's final opinion issued on January 27, 2006, demonstrating that he took the idea of life tenure on the federal bench quite seriously. He was a very kind man with a very sharp mind who lived quite a full life, and he will certainly be missed.

Update: Orin Kerr offers additional thoughts at "The Volokh Conspiracy."
Posted at 05:34 PM by Howard Bashman




"Reasoning with Solomon": Today in The Harvard Crimson, Cormac A. Early has an op-ed that begins, "The recent Supreme Court hearings on the Solomon Amendment have thrown the issue of military recruitment back into the limelight at Harvard. With the Court likely to reject the arguments of the Forum for Academic and Institutional Rights (FAIR), Harvard will again be forced to choose between $400 million of federal money and the unpleasantness of having discriminatory recruiters on campus."
Posted at 04:23 PM by Howard Bashman



"Weapons of Business Destruction: How a tiny little 'patent troll' got BlackBerry in a headlock." Law Professor Tim Wu has this jurisprudence essay online at Slate.
Posted at 03:50 PM by Howard Bashman



So very last Term: Oyez now provides access to the oral argument audiotapes of cases argued in the Supreme Court of the United States during the 2004 Term, which began in October 2004 and ended (insofar as oral arguments are concerned) in April 2005. (Via Will Baude).
Posted at 03:14 PM by Howard Bashman



"Church Sues to Fund 'Christ-Centered' State Scholarships": This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:05 PM by Howard Bashman



"Study ties toughness of judges to politics; GOP, Democrat jurists vary on type of crime": The Chicago Tribune today contains an article that begins, "Federal judges appointed by Republicans give tougher sentences on street crime, two Northwestern University legal scholars say, while Democratic appointees take a stricter view of white-collar offenses." (Via "Sentencing Law and Policy").
Posted at 03:04 PM by Howard Bashman



"$990,000 settlement in Hells Angels suit; Santa Clara County ends dispute over raid": The San Jose Mercury News today contains an article that begins, "Santa Clara County agreed Monday to pay nearly $1 million to settle a lawsuit by the Hells Angels Motorcycle Club over a 1998 police raid that resulted in three dead dogs, a torn-up sidewalk and little meaningful evidence. The $990,000 settlement was spurred by the U.S. Supreme Court's rejection in December of the county's argument that sheriff's deputies were immune from liability."
Posted at 03:00 PM by Howard Bashman



"Court Upholds Lawyer Reprimand": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "The state Supreme Court Monday unanimously upheld a reprimand issued by the Statewide Grievance Committee against a lawyer who wrote a scathing letter criticizing the probate judge overseeing his mother's estate. Attorney Joseph J. Notopoulos of West Hartford claimed on appeal that the reprimand violated his constitutional free speech rights, because he was not acting in his professional capacity when he wrote the letter assailing then West Hartford Probate Judge John A. Berman and the woman Berman appointed to investigate his mother's care and financial assets, Carolyn Levine."

The opinion that the Supreme Court of Connecticut released yesterday states, "We further agree with the committee's argument that the Rules of Professional Conduct apply to attorneys acting in both their personal and professional capacities."
Posted at 02:42 PM by Howard Bashman




"Nichols May Be Tried in Atlanta Courthouse": The Associated Press provides a report that begins, "A man accused of killing four people should be tried in the same downtown courthouse where the shooting spree started because no suitable alternative has been found, prosecutors say."
Posted at 02:22 PM by Howard Bashman



"Tax break on religious texts struck down; State law unconstitutional, federal judge rules": Today in The Atlanta Journal-Constitution, Bill Rankin has this article reporting on a ruling that the U.S. District Court for the Northern District of Georgia issued yesterday.
Posted at 02:20 PM by Howard Bashman



"'Legal Affairs' to Suspend Publication of Print Version": The February 10, 2006 issue of The Chronicle of Higher Education contains this article (pass-through link).
Posted at 12:40 PM by Howard Bashman



Brief for Appellant filed yesterday in the U.S. Court of Appeals for the Ninth Circuit in case challenging Everett, Washington's Ten Commandments monument: You can access the Brief for Appellant at this link. As one of my recent law.com columns explains, the law in this area remains very much in flux.
Posted at 12:38 PM by Howard Bashman



News and notes from the day job: On December 27, 2005, I filed a Brief for Appellants in the U.S. Court of Appeals for the Third Circuit in a deliberate indifference to serious medical needs-prison conditions case from Bucks County, Pennsylvania that resulted in a $1.2 million jury award in favor of two pretrial detainees who contracted antibiotic-resistant staph infections during their confinements.

On January 23, 2006, I filed a Brief for Appellant in the Third Circuit in an interesting dispute between a consultant and a bank involving claims of breach of contract and breach of the duty of good faith and fair dealing implied into contracts governed by New Jersey law.

And, on January 6, 2006, I filed a Brief for Appellant in the U.S. Court of Appeals for the Fourth Circuit in a case involving a dispute between a primary insurer and a reinsurer over whether the termination of a reinsurance treaty required the reinsurer to return more than $2 million in active life reserves to the insurer.

Also completed last month: my report in a case in which I am to serve as an expert witness; and the text of a chapter to be published in the forthcoming "Third Circuit Appellate Practice Handbook" of the Pennsylvania Bar Institute.
Posted at 12:30 PM by Howard Bashman




"Compromise Proposed in Eminent Domain Fight": The Associated Press provides a report that begins, "The mayor of New London, where a fight over government seizing property led to a controversial U.S. Supreme Court ruling, is proposing a compromise for a group of homeowners."

And The Day of New London, Connecticut today reports that "Fort Trumbull Plan Explored; City To Assess Proposal To Save Fort Trumbull Eminent-domain Homes."
Posted at 11:20 AM by Howard Bashman




"Foreign media barred from trial": The Toronto Globe and Mail today contains an article that begins, "Foreign media will be banned from the courtroom for the long-awaited criminal trial arising from the tainted-blood scandal, an Ontario Superior Court judge ruled yesterday. At the request of the Crown, Madam Justice Mary Lou Benotto issued an order barring people reporting for or to publications, including Internet publications, from outside Canada."

And The Toronto Star today contains an article headlined "Frustration at blood trial delay; 'It's been 15 years,' ailing victim says; Don't have full disclosure, lawyers say."
Posted at 10:12 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Gonzales Faces Sharp Questioning on Eavesdropping" (featuring Nina Totenberg) and "Feinstein on Senate Eavesdropping Hearings." RealPlayer is required to launch these audio segments.
Posted at 09:58 AM by Howard Bashman



"It's Just Not Worth It": CBS News legal analyst Andrew Cohen today has an essay that begins, "Zacarias Moussaoui's angry outbursts Monday at the start of jury selection for his death sentence trial highlights why the proceedings will be far more trouble than they are worth."
Posted at 09:50 AM by Howard Bashman



"State won't seek Capano's execution; Killer expected to serve life without parole; prosecutors and Fahey family satisfied": The News Journal of Wilmington, Delaware contains this article today.

The Philadelphia Inquirer today contains an article headlined "Death penalty won't be sought anew for Capano; The prosecutor said he talked with the victim's family after the original sentence was overturned" that begins, "Delaware's top prosecutor announced yesterday that he would not seek the death sentence for Thomas Capano, a once-prominent lawyer found guilty of first-degree murder seven years ago in one of the state's most sensational homicide cases."

And The Philadelphia Daily News reports that "Delaware decides to let Capano die in jail."
Posted at 08:50 AM by Howard Bashman




"Witness in Enron Trial Struggles With Emotions": This article appears today in The New York Times.

The Los Angeles Times reports today that "Defense Attacks Enron Witness; Lawyers question the motives of a former employee for testifying against ex-executives."

The Houston Chronicle contains articles headlined "Defense tries to shred witness' credibility; Skilling attorney finally confronts the former head of investor relations" and "Interest collapses much like Enron itself; Once the center of media attention, the company's fall is now old news."

And Financial Times reports that "Defence tries to undermine witness Koenig."
Posted at 08:45 AM by Howard Bashman




"Having another go? Kerry doffs the gloves." Today in The Boston Globe, columnist Peter S. Canellos has an op-ed that begins, "John F. Kerry's decision to lead last week's unsuccessful filibuster of Samuel A. Alito Jr.'s Supreme Court nomination met with predictable ridicule from Republicans and some Democrats, but it could end up being his smartest political move in a long time."

And today in The Allentown Morning Call, Malcolm J. Gross has an op-ed entitled "GOP outmaneuvered Senate Democrats on Alito."
Posted at 07:25 AM by Howard Bashman




"Gonzales Defends Spying as 'Limited and Lawful'": The Los Angeles Times contains this article today, along with an article headlined "Gonzales Also Ends Up Defending His Credibility; Senate Democrats accuse the attorney general of previously misleading them on the domestic surveillance program."

The Chicago Tribune reports today that "Senators grill Gonzales over NSA spying; Warrantless policy 'lawful,' he insists."

USA Today reports that "Lawmakers doubtful on surveillance; Gonzales says he'll consider proposals."

In The Boston Globe, Charlie Savage reports that "GOP senators add heat on spying; Specter urges AG to get court review."

The Milwaukee Journal Sentinel reports that "Gonzales labels spying lawful; President didn't need OK from courts, Congress, he says."

The Sacramento Bee reports that "Wiretaps lawful, senators told; Gonzales defends domestic spying in contentious hearing."

And The Washington Times reports that "'Enemy is listening,' Gonzales warns."
Posted at 07:23 AM by Howard Bashman




"Aiming at asbestos bill": This article appears today in The Hill, along with articles headlined "Sen. Frist gambles on asbestos legislation" and "Ex-staffers return to Hill to lobby on asbestos fund."

In related news, The Washington Times reports today that "Reid's remarks called 'slander.'"

And The New York Times contains an editorial entitled "Justice for Asbestos Victims."
Posted at 07:18 AM by Howard Bashman




"Outbursts Get Moussaoui Repeatedly Ejected From Court": The Los Angeles Times contains this article today.

The Richmond Times-Dispatch reports today that "Moussaoui is ejected four times; Terrorist calls trial on penalty 'a circus' as jury process starts."

The Sacramento Bee reports that "Moussaoui booted from court; Confessed al-Qaida conspirator causes commotion as jury selection begins."

And The Washington Times reports that "Moussaoui ejected from sentencing trial."
Posted at 07:15 AM by Howard Bashman




"Court rules agency should not have condemned house; Taking property by eminent domain to make way for a church-affiliated school raised concerns": This article appears today in The Philadelphia Inquirer.

And The Washington Times reports that "Eminent domain halted at church door."

My eariler coverage is here.
Posted at 07:12 AM by Howard Bashman




"Group alleges legislature, court colluded": The Philadelphia Inquirer today contains an article that begins, "Pennsylvania's leading watchdog group alleged in a lawsuit yesterday that the highest ranks of the legislature traded millions in state aid to the courts for favorable decisions dating to 1999 - and possibly culminating last summer in generous pay raises for more than 1,000 judges."

The Pittsburgh Post-Gazette reports today that "Legislators bought court cooperation, lawsuit alleges."

And The Harrisburg Patriot-News reports that "Lawmakers gave money to courts, group says; Allegations added to pay-raise lawsuit."
Posted at 07:08 AM by Howard Bashman




"Judicial term limits just fine by Breyer; High court justice comes home to talk with Lowell students": Bob Egelko has this article today in The San Francisco Chronicle.

And The Associated Press reports that "S.F. students meet famous alum; Stephen Breyer discusses life on Supreme Court."
Posted at 07:00 AM by Howard Bashman



Monday, February 06, 2006


"In Limelight at Wiretap Hearing: 2 Laws, but Which Should Rule?": Adam Liptak will have this article Tuesday in The New York Times. The newspaper will also contain articles headlined "Top Aide Defends Domestic Spying" and "Balancing Act by Democrats at Hearing."

The Washington Post on Tuesday will contain articles headlined "Gonzales Defends Surveillance; Senators From Both Parties Challenge Attorney General on Program" and "Activists on Right, GOP Lawmakers Divided on Spying; Privacy Concerns, Terror Fight at Odds." Plus, Dana Milbank's "Washington Sketch" column will carry the headline "In Quizzing a Reticent Gonzales, Senators Encounter a Power Shortage."

James Kuhnhenn of Knight Ridder Newspapers reports that "Senate committee questions Gonzales on eavesdropping program."

And Tuesday's edition of The Times of London reports that "Bush under pressure as Senate sets its sights on wiretaps."
Posted at 11:24 PM by Howard Bashman




"Moussaoui Ejected Four Times for Disrupting Jury Selection": Neil A. Lewis will have this article Tuesday in The New York Times.

The Washington Post on Tuesday will report that "Moussaoui Repeatedly Ejected From Court; Outbursts Mark First Day of Jury Selection Process."

Tuesday's edition of Newsday will report that "Moussaoui defiant in courtroom; As jury selection in sentencing trial begins, 'al-Qaida' defendant renounces his lawyers, calls trial a 'circus.'"

The Times of London on Tuesday reports that "9/11 plot terrorist tells court 'I am al-Qaeda.'"

The Guardian (UK) on Tuesday reports that "Alleged 9/11 conspirator evicted from court."

And Tuesday's edition of The Telegraph (UK) reports that "'Suicide pilot' tells September 11 trial, I am al-Qa'eda."
Posted at 11:12 PM by Howard Bashman




Available online from law.com: An article is headlined "Pa. Court: Eminent Domain Can't Aid Religious Groups."

In somewhat related news from Florida, "Seeing Red Over 'Kelo' Policy; In the latest twist in a Supreme Court-generated controversy, a lender in the eminent domain fracas is accused of redlining."

And an article reports that "Skilling Defense Plows Into Koenig."
Posted at 11:04 PM by Howard Bashman




"Cowardly Lions: Congress talks tough to Gonzales--and then turns and runs." Emily Bazelon has this essay online at Slate.
Posted at 09:45 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Moussaoui Disrupts First Day of Sentencing Trial"; "Gonzales Defends U.S. Wiretapping Program"; and "Assessing the Effectiveness of NSA Eavesdropping."

Today's broadcast of "Talk of the Nation" contained a segment entitled "Gonzales Defends Domestic Wiretapping in Hearings" featuring David G. Savage.

Today's broadcast of "Day to Day" contained a segment entitled "Senate Grills Gonzales on Domestic Spying."

And today's broadcast of "Morning Edition" contained segments entitled "Senate Panel Holds Hearing on NSA Surveillance" (featuring Nina Totenberg); "The Law Behind NSA Eavesdropping"; and "Jury Selection Begins for Moussaoui Sentencing."

RealPlayer is required to launch these audio segments.
Posted at 09:25 PM by Howard Bashman




"Moussaoui Removed From Court for Outburst": Neil A. Lewis has this news update online at The New York Times.

And The Los Angeles Times provides a news update headlined "Moussaoui Outbursts Disrupt Jury Selection."
Posted at 09:15 PM by Howard Bashman




"To Reach Pataki Judges, Take Highway": Today in The New York Times, Joyce Purnick has this "Metro Matters" essay (TimesSelect subscription required).
Posted at 09:12 PM by Howard Bashman



"Asbestos Bill Sets Off Partisan Attacks": The AP provides this report.
Posted at 06:04 PM by Howard Bashman



"Moussaoui removed from court after outbursts": Reuters provides this updated report. And The Associated Press reports that "Moussaoui Removed From Courtroom."
Posted at 06:02 PM by Howard Bashman



"No better way to pick a justice? Charles Pickering's critique of our judicial nomination process." In Tuesday's edition of The Christian Science Monitor, Seth Stern will have this review of former Fifth Circuit Judge Charles W. Pickering, Sr.'s book, "Supreme Chaos: The Politics of Judicial Confirmation & the Culture War."
Posted at 06:00 PM by Howard Bashman



"Update: 'Maag's defamation suit is dismissed again.'" This post appears today at "Overlawyered."
Posted at 05:45 PM by Howard Bashman



"Court: Future Developer Matters For Legality of Eminent Domain." The Legal Intelligencer provides this news update (free access). My earlier coverage is here.
Posted at 05:44 PM by Howard Bashman



Reader mail: A reader emails:
Would it be possible to put UTR's link back on the right hand side of your blog where it used to be? Your loyal readers would appreciate this small kindness so much. It is difficult to keep scrolling thru the body of your blog threads to find the link, and UTR is so HOT!
As best as I can tell, the author of this email (unlike the author of "Underneath Their Robes") is actually female.
Posted at 05:24 PM by Howard Bashman



"Senate to vote on whether to debate asbestos bill": Reuters provides this report.
Posted at 05:04 PM by Howard Bashman



"Lawsuit claims state lawmakers may have traded votes with justices": The Associated Press provides this report from Harrisburg, Pennsylvania.
Posted at 04:33 PM by Howard Bashman



"An Enron-style defense -- Lawyers for Skilling and Lay are offering up an audacious theme: There was absolutely nothing wrong at Enron." Fortune Magazine provides this report.

And in related news, The AP reports that "Jurors Offer Opinions on Lay, Skilling."
Posted at 04:30 PM by Howard Bashman




"So, will our Supreme Court be next?" Michelle Malkin has a post this afternoon noting that "One of the places where Muhammad has been memorialized is inside the U.S. Supreme Court on a north wall marble frieze." The U.S. Supreme Court's web site provides this information about the courtroom's north wall frieze.
Posted at 03:50 PM by Howard Bashman



The News Journal of Wilmington, Delaware is reporting: An update is headlined "State will not seek Capano's execution."

And today's newspaper contains an article headlined "Smyrna politics: Expect the unexpected; After trial, some fear climate won't change." This matter is connected to a landmark blogger anonymity ruling that the Supreme Court of Delaware delivered in October 2005. My two earlier related posts can be accessed here and here.
Posted at 03:35 PM by Howard Bashman




Can a state court class action under state antitrust law toll the statute of limitations applicable to a federal antitrust claim arising from the same facts even though only a federal court can adjudicate the federal antitrust claim? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit answers "no" today in an opinion that you can access here.
Posted at 02:54 PM by Howard Bashman



"The Porn Identity -- How Google gave me a new persona: porn star." Eve Fairbanks has this essay (pass-through link) online today at The New Republic.
Posted at 02:45 PM by Howard Bashman



Ninth Circuit grants rehearing en banc in case presenting the question of which standard of review -- abuse of discretion or de novo -- to apply to ERISA administrator's denial of plan benefits: You can access today's order granting rehearing en banc at this link. The now-vacated ruling by a divided three-judge Ninth Circuit panel in the case can be accessed here.
Posted at 02:30 PM by Howard Bashman



The Associated Press is reporting: An article headlined "Del. Attorney Won't Face Death Penalty" begins, "Prosecutors announced Monday they will not seek a new penalty hearing for convicted killer Thomas Capano, a once wealthy and well-connected attorney whose death sentence was overturned by the Delaware Supreme Court last month."

And in other news, "N.C. Dad Indicted in Twins' Deaths." As I noted in this earlier post, before moving to North Carolina the family lived in California, where their next-door neighbor was Michael A. Newdow.
Posted at 02:24 PM by Howard Bashman




Congratulations to two long-time "How Appealing" readers: A post today at "Underneath Their Robes" begins, "Word on the street is that the Supreme Court's latest member, Justice Samuel A. Alito, Jr., has hired two of Justice Sandra Day O'Connor's clerks: Ben Horwich and Sasha Volokh."

Update: Tony Mauro's article today in Legal Times, headlined "Justice Alito's Green Day; New Justice to Wade Into Clean Water Act Cases" (subscription required), reports that "[Justice Alito's] staff is still in flux, but he has already picked up two O'Connor law clerks, Benjamin Horwich and Alexander Volokh."
Posted at 02:14 PM by Howard Bashman




"Moussaoui: 'I am al Qaeda'; Judge orders 9/11 defendant out of court as jury selection begins." CNN.com provides this report.
Posted at 12:35 PM by Howard Bashman



"Asbestos-Bill Opposers Lose A Powerful Ally; Theodore B. Olson's Removal Benefits His Firm's Other Clients": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 12:30 PM by Howard Bashman



"Testimony resumes in trial over teen sexual privacy": The Wichita Eagle provides this news update.
Posted at 12:20 PM by Howard Bashman



"Pa. Court Rules City Can't Seize Home": The Associated Press provides a report that begins, "A city agency violated the separation of church and state when it seized a woman's home to help a religious group build a private school in a blighted Philadelphia neighborhood, a state appeals court ruled Monday. In a 4-3 ruling, the Commonwealth Court said the Philadelphia Redevelopment Authority should not have taken the property in 2003 to allow the Hope Partnership to build a middle school."

Today's ruling of the Commonwealth Court of Pennsylvania can be accessed at this link.
Posted at 11:55 AM by Howard Bashman




"Weare nixes 'Hotel Souter'": This article appeared yesterday in The Manchester (N.H.) Union-Leader. Yesterday, I collected additional coverage at this link.
Posted at 11:12 AM by Howard Bashman



"Blood Trail Is Crux of Forensic Mystery": Today in The Washington Post, Charles Lane's "Full Court Press" column begins, "Paul Gregory House has been on Tennessee's death row for 20 years. On Jan. 11, his lawyer told the Supreme Court that House is an innocent man, convicted by phony forensic evidence."
Posted at 11:08 AM by Howard Bashman



How long would it take Zacarias Moussaoui to get tossed out of court? Not long at all. The Associated Press reports that "Moussaoui Removed From Court for Outburst."
Posted at 10:48 AM by Howard Bashman



"Al-Qaida's Moussaoui on trial for his life today": The Sacramento Bee contains this article today.
Posted at 10:30 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Jury Selection Begins in Moussaoui Trial" and "Gonzales Answers Tough Questions on Spying."
Posted at 10:28 AM by Howard Bashman



"And Then There Were Eight": Today in The Harvard Crimson, Daniel J. Hemel has an interesting op-ed that begins, "The Senate Judiciary Committee's vetting of Samuel A. Alito Jr. left many key questions about the newest Supreme Court member's judicial philosophy unanswered--and it left one key question about Alito's new position unasked: do we even need a ninth justice?"
Posted at 10:18 AM by Howard Bashman



"Falsehoods About Guantanamo": Stuart Taylor Jr. has this essay today in National Journal.
Posted at 10:12 AM by Howard Bashman



In today's issue of The Yale Daily News: An article reports that "Thailand bars Univ. Web site; Yale Press site features new biography criticizing Thai king, a crime in Thailand."

And Greg Phelan has an op-ed entitled "Despite hype, Roe isn't binary issue."
Posted at 10:10 AM by Howard Bashman




Should Attorney General Alberto R. Gonzales be sworn-in to testify before the Senate Judiciary Committee? This morning's testimony has begun with sharp disagreement between the Republican and Democratic members of the committee over whether the Attorney General should be required to take an oath to tell the truth before testifying today. Committee Chairman Arlen Specter (R-PA) has decided that Gonzales should not be sworn-in to testify, and that decision was then appealed and upheld by a party-line vote of the committee.
Posted at 09:50 AM by Howard Bashman



"As case begins, eyes are on appeal; Both sides have specialists who keep watch for legal mistakes": Mary Flood has this article today in The Houston Chronicle. The newspaper also reports that "Defense readies its attack in Enron trial."

USA Today today contains an article headlined "If Juror No. 11 is any indication: Look out, defense."

The Columbia Missourian reports that "Lay chair at MU vacant as Enron trial proceeds; The former CEO's generosity benefits students, but some say gifts are tainted by scandal."

And The Christian Science Monitor reports that "A bid to tie Enron duo to deceit; Week 1 of the trial against Lay and Skilling presents first 'brick' in 'wall of evidence.'"
Posted at 09:45 AM by Howard Bashman




"Jury Selection to Begin in Moussaoui Trial": The Associated Press provides this report.
Posted at 09:42 AM by Howard Bashman



"Minimum Wage: The $1.50 Attorney Fee." The brand-new installment of my weekly "On Appeal" column for law.com can be accessed here.
Posted at 07:24 AM by Howard Bashman



"Samuel Alito Swearing-In Ceremony": This past Saturday's broadcast of C-SPAN's "America & the Courts" included not only a rebroadcast of that White House swearing-in ceremony, but also very interesting interviews with Seventh Circuit Judge Frank H. Easterbrook and Ninth Circuit Judge Diarmuid F. O'Scannlain. You can view the entire broadcast by clicking here (RealPlayer required). And my earlier "20 questions for the appellate judge" interviews with those two fine appellate judges can be accessed here and here, respectively.
Posted at 07:20 AM by Howard Bashman



You can access online the contents of the March | April 2006 issue of Legal Affairs magazine: Available via this link. Sadly, as noted earlier, this appears to be the final print issue of the magazine.
Posted at 07:14 AM by Howard Bashman



"The Power of the President: Bush says he has 'inherent authority' to act during wartime; A Senate hearing on domestic spying will debate that contention." David G. Savage has this article today in The Los Angeles Times.

The Washington Times reports today that "Specter says Bush lacks authority to eavesdrop."

USA Today reports that "Telecoms let NSA spy on calls; AT&T, MCI, Sprint cooperate with warrantless surveillance, execs say." In addition, William E. Moschella, Assistant Attorney General for Legislative Affairs, has an op-ed entitled "Necessary and legal: Constitution, law give president power on terrorist surveillance."

And in The Wall Street Journal, Attorney General Alberto R. Gonzales has an op-ed entitled "America Expects Surveillance: Monitoring the enemy is necessary and appropriate."

The Attorney General's appearance before the Senate Judiciary Committee is scheduled to begin at 9:30 a.m. today.

Update: C-SPAN is televising the hearing, and you can access the live video feed by clicking here (RealPlayer required).
Posted at 07:05 AM by Howard Bashman




"Blawg Review #43": Available here at "MediationNewsOnline.com."
Posted at 07:00 AM by Howard Bashman



"Moussaoui Trial Strategy Outlined; The 9/11 suspect could get death for not acting to stop the attack; Jury selection starts today": This article appears today in The Los Angeles Times.

The Richmond Times-Dispatch reports today that "Moussaoui jury selection to begin; Jurors will decide if he will be sentenced to death for 9/11 attacks."

Newsday reports that "9/11 sentencing trial to begin; Jury will be picked to decide whether Moussaoui should get death penalty for complicity in attacks."

And BBC News reports that "US begins Moussaoui jury search."
Posted at 06:45 AM by Howard Bashman



Sunday, February 05, 2006


"9/11 Families to Watch Moussaoui Face Fate; Some Hope Penalty Trial Brings Peace": Monday's edition of The Washington Post will contain this front page article.
Posted at 11:40 PM by Howard Bashman



"Child porn sentences sentences not uniform; Local cases show judges' wider latitude, struggles": This article appears today in The Louisville Courier-Journal (via "Sentencing Law and Policy").
Posted at 10:32 PM by Howard Bashman



"Jury in Virginia Will Decide Life or Death for Moussaoui": Neil A. Lewis will have this article Monday in The New York Times.

And Monday's edition of The Telegraph (UK) reports that "Would-be plane hijacker goes on trial."
Posted at 10:10 PM by Howard Bashman




"The Alito Court": H. Brandt Ayers has this op-ed today in The Anniston Star.

Today in The Birmingham News, David Lanoue has an op-ed entitled "Bush scores with Alito; Democrats need some victories at the ballot box."

In The Chicago Tribune, Michelle J. Zimet has an op-ed entitled "White man's justice: Alito on court just feels wrong."

And in The Lansing State Journal, Law Professor Michael Anthony Lawrence has an op-ed entitled "Court's job is to check on majority."
Posted at 09:33 PM by Howard Bashman




"California execution method on trial; Lethal injection challenged in court in numerous states": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 09:15 PM by Howard Bashman



"Defending a Program and His Reputation": The New York Times today contains an article that begins, "A year ago, Alberto R. Gonzales sat before the Senate Judiciary Committee as the Bush administration's nominee for attorney general and a potential candidate for the Supreme Court. He will return on Monday in dramatically different circumstances, testifying as the chief legal defender of a domestic eavesdropping operation that has touched off a stormy debate over its legality."
Posted at 09:10 PM by Howard Bashman



"Whitman Denies Misleading Public on Air Quality After 9/11": This article appeared yesterday in The New York Times. My earlier coverage is here and here.
Posted at 03:15 PM by Howard Bashman



"McLachlin backs appointment process": The Toronto Globe and Mail yesterday contained an article that begins, "The process of appointing Supreme Court of Canada judges is working and should be left alone, the Chief Justice said yesterday."
Posted at 12:25 PM by Howard Bashman



In today's issue of The New York Times: In the Magazine section, Law Professor Jeffrey Rosen has an essay headlined "Is Ritual Circumcision Religious Expression?" And Law Professor Noah Feldman has an essay entitled "Deliberation Nation" that begins, "The public hearings that the Senate Judiciary Committee is scheduled to begin holding tomorrow are supposed to help determine whether the National Security Agency's domestic spying program broke the law. But this is no ordinary trial."

The newspaper also contains an article headlined "Torts With a Side of Fries" that begins, "With the swearing-in last week of Justice Samuel A. Alito Jr. by new Chief Justice John G. Roberts Jr., one can only imagine what the jurists' respective law schools, Yale and Harvard, might name in their honor now that they have reached the nation's highest court. The Roberts Reading Room? The Alito Atrium?"
Posted at 10:25 AM by Howard Bashman




"The other woman in King's life: A special relationship outside his marriage sheds light on the civil rights leader and his wife, Coretta." Pulitzer Prize-winning historian David J. Garrow has this op-ed today in The Los Angeles Times.
Posted at 10:20 AM by Howard Bashman



"The doltish dozen: Kenneth Lay's attorneys argued that no unbiased jurors could be found in Houston; But a jury of one's peers hasn't always meant 12 news-averse know-nothings." This article appears today in the Ideas section of The Boston Globe.

And The Houston Chronicle reports today that "A few pennies can buy deception; Case may show use of earnings manipulation."
Posted at 10:04 AM by Howard Bashman




"Weare voters stand by Souter; 'Why would we take something from one of ours?'" The Concord (N.H.) Monitor today contains an article that begins, "Weare voters put an end to plans to seize the home of U.S. Supreme Court Justice David Souter yesterday."

And The Associated Press reports that "N.H. Town Rejects Plan to Evict Souter."

At "Concurring Opinions," Dave Hoffman has a post titled "Good News from Weare, N.H."

The text of the defeated proposal can be accessed here (see Article 48).
Posted at 09:50 AM by Howard Bashman




"Schools perceive threat to authority in student Internet postings": The Pittsburgh Post-Gazette contains this article today.
Posted at 09:44 AM by Howard Bashman



"Cover for GOP's sole anti-Alito vote": This article appears today in The Boston Globe.
Posted at 09:40 AM by Howard Bashman



"Parents torn: Are kids' sex lives private?" The Wichita Eagle contains this article today, along with an editorial entitled "Balance privacy and sex reporting."
Posted at 09:35 AM by Howard Bashman


Saturday, February 04, 2006


"Enforcing a 'mood'": The February 2006 issue of The New Criterion contains former U.S. Supreme Court nominee Robert Bork's review of Justice Stephen G. Breyer's book, "Active Liberty: Interpreting Our Democratic Constitution."
Posted at 11:10 PM by Howard Bashman



"A great lady comes home": Sunday's edition of The Arizona Republic will contain an editorial that begins, "Let's start with a welcome home. Arizona is honored to have former Supreme Court Justice Sandra Day O'Connor back to spend her retirement here."
Posted at 11:02 PM by Howard Bashman



"The Filibuster That Wasn't": The Washington Post contains this editorial today.
Posted at 11:00 PM by Howard Bashman



"Judicial picks at issue in Md. race; Gubernatorial winner to appoint 3 high-court judges": This article appears today in The Baltimore Sun.
Posted at 10:50 PM by Howard Bashman



In the February 13, 2006 issue of The Weekly Standard: The cover story, an essay by Matt Labash, is headlined "Evicting David Souter: If the justice is so fond of eminent domain, say protesters, let's seize his ancestral property and develop a charming bed and breakfast on it."

And Jeffrey Bell and Frank Cannon have an essay entitled "Supreme Court Arithmetic: Conservatives should hope that Bush's next choice gets fewer than 58 votes."
Posted at 10:25 PM by Howard Bashman




"Bills could spur abortion challenges": The Kentucky Post today contains an article that begins, "Kentucky and Ohio are among six states in which bills have been filed to ban abortion. Experts on both sides of the abortion debate say the purpose of the proposed legislation is to provoke court challenges that would eventually lead to the U.S. Supreme Court overturning Roe v. Wade."

And The Birmingham (Ala.) News today contains an editorial entitled "Partial-birth law needs high court ruling."
Posted at 10:20 PM by Howard Bashman




"Judge seeks facts in case of conflicts": The Topeka Capital-Journal today contains an article that begins, "Judge Deanell Tacha, of Lawrence, Kan., says she is seeking information about reported ethical violations by a presidential nominee to the federal appeals court where she is chief judge. She said she wants 'to get the facts' about investigative news reports that the nominee violated federal law by handling cases involving companies in which he owned stock."
Posted at 10:15 PM by Howard Bashman



"Alito strode both sides in his last day on circuit": This article appeared yesterday in The Newark Star-Ledger.
Posted at 10:08 PM by Howard Bashman



"Evolution Measure Splits State Legislators in Utah": Sunday's edition of The New York Times will contain this article.
Posted at 08:08 PM by Howard Bashman



"Federal judge orders Padilla's cuffs removed; She rules that security risk must be shown": This article appears today in The South Florida Sun-Sentinel.

And The Miami Herald today contains an article headlined "Padilla judge: I don't want to run a prison; Former Broward County resident Jose Padilla, who spent more than three years in a military brig, is getting fairer treatment in federal court."
Posted at 12:28 PM by Howard Bashman




In tomorrow's issue of The New York Times: Updating this earlier post, you no longer need a TimesSelect subscription to access the content of tomorrow's issue of the Sunday Book Review.

It will contain a review headlined "Consent of the Governed," written by Law Professor Kathleen M. Sullivan, of Justice Stephen G. Breyer's book, "Active Liberty: Interpreting Our Democratic Constitution." Also, Malcolm Gladwell fans (and others) will find a profile of the author headlined "The Gladwell Effect."

Finally, Emily Bazelon will have a review entitled "The Swing Vote" of Joan Biskupic's book, "Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice."
Posted at 12:20 PM by Howard Bashman




"Alito's Arrival Shifts Seating on High Court": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition - Saturday."
Posted at 12:14 PM by Howard Bashman



"Enron Jurors See Greed as Factor; Still, the 12 people chosen for the panel in the fraud trial say they can keep open minds": This article appears today in The Los Angeles Times.

And The Houston Chronicle reports today that "For the jurors, recess could still mean work."
Posted at 09:45 AM by Howard Bashman




Blogging gig at "Wonkette" not included: Nor is a job as an appellate lawyer at the Newark, New Jersey U.S. Attorney's Office. But, as detailed in this post at "Underneath Their Robes," you can rent the apartment that formerly served as home to David B. Lat of "Article III Groupie" fame. Talk about your "UTR Cribs."
Posted at 09:40 AM by Howard Bashman



"Kansas' Top Court Limits Abortion Record Search": The New York Times contains this article today.

The Los Angeles Times reports today that "Kansas Restricts Access to Abortion Records; The State Supreme Court says a judge must ensure the attorney general needs clinic files and that patients' identities are protected."

The Kansas City Star reports that "Abortion inquiry limited; Kline, clinics claim victory." And a related editorial is entitled "Kline's inquiries need safeguards."

The Wichita Eagle contains articles headlined "High court kicks back abortion subpoenas; The state Supreme Court tells a judge to reconsider his ruling because of potential violations of the U.S. Constitution" and "Kline's position on teen sex unclear."

The Topeka Capital-Journal reports that "Abortion records case sent back; Both sides in suit claim win."

And The Lawrence Journal-World reports that "Court rejects Kline's abortion probe; Process must be modified to ensure privacy."
Posted at 09:35 AM by Howard Bashman




"New Details Revealed on C.I.A. Leak Case": This article appears today in The New York Times.

And The Wall Street Journal today contains a related article headlined "Libby Trial to Begin in January In Case Stemming From CIA Leak" (free access).
Posted at 09:24 AM by Howard Bashman



Friday, February 03, 2006


Available online at law.com: T.R. Goldman has an article headlined "Will Senate Wiretap Hearings Hit a Wall in the Form of the Attorney General?"

An article is headlined "Ready for Your Close-Up, Your Honor? Several states use courtroom videotaping to assess judges' courtroom demeanor."

In news from New York State, "Court: Presence of Camera Alone Doesn't Require Reversal."

Fred von Lohmann has an essay entitled "Could Future Subpoenas Tie You to 'Britney Spears Nude'? DOJ's subpoena of Google may lead to more intrusive examination of Internet users' online records."

And the brand new installment of my weekly "On Appeal" column is headlined "Minimum Wage: The $1.50 Attorney Fee."
Posted at 11:00 PM by Howard Bashman




"Judge Gone Wild: Ruling against parental rights is just one way Judge Stephen Reinhardt is trying to overturn American values." Ninth Circuit Judge Stephen Reinhardt finds himself on the cover of the February 2006 issue of Citizen Magazine, a publication of the group Focus on the Family. You can access the text of the article at this link.
Posted at 10:50 PM by Howard Bashman



"A formal investiture ceremony for Associate Justice Samuel A. Alito, Jr., will take place at a special sitting of the Supreme Court in the Courtroom on Thursday, February 16 at 2 p.m." So begins a press release that the Public Information Office of the Supreme Court of the United States issued today.
Posted at 10:44 PM by Howard Bashman



"More Allegations of Libby Lies Revealed; Judge's Report Shows Cheney Aide Is Accused Of Broad Deception": This article will appear Saturday in The Washington Post.
Posted at 10:40 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Kansas High Court Limits Access to Abortion Records" and "Moussaoui's Fate to Be Decided by Jury" (RealPlayer required).
Posted at 10:35 PM by Howard Bashman



"Increasingly, Internet's Data Trail Leads to Court": This article will appear Saturday in The New York Times.
Posted at 10:33 PM by Howard Bashman



"Jury selection Monday in Moussaoui trial; Admitted al Qaeda member says he knew nothing of 9/11 plans": CNN.com provides this report.
Posted at 09:12 PM by Howard Bashman



"Stepdaughter was blogger, mayor says; Schaeffer, wife seek to be dropped from suit": The News Journal of Wilmington, Delaware today contains an article that begins, "Cristina Rawley, the stepdaughter of Smyrna Mayor Mark Schaeffer, was the author under four aliases of vile Internet blog entries in 2004 attacking Town Councilmen Patrick Cahill and Doug Chervenak, Schaeffer said this week."

The article reports that the lawsuit is connected to a landmark blogger anonymity ruling that the Supreme Court of Delaware delivered in October 2005. My earlier coverage of that ruling is here.
Posted at 08:54 PM by Howard Bashman




"Documents Reveal New Details of Libby Conversations": The Washington Post provides this news update.
Posted at 05:08 PM by Howard Bashman



"Kansas high court limits abortion record search": Reuters provides this report.
Posted at 05:05 PM by Howard Bashman



"Enron Trial Seen As Marathon, Not Sprint": The Associated Press provides this report.
Posted at 05:04 PM by Howard Bashman



News updates available online from The Wichita Eagle: Now available online are updates headlined "State Supreme Court rules in abortion case" and "Kline takes stand in trial over teen sexual privacy."
Posted at 04:55 PM by Howard Bashman



"Current Muti-District Litigation practice is seriously flawed in that it is perceived to proceed not on neutral principles but in a manner that favors defendants." On Wednesday, U.S. District Judge William G. Young of the District of Massachusetts issued what a reader has accurately described as a "remarkable opinion re MDL practice." You can access the opinion at this link.
Posted at 04:40 PM by Howard Bashman



"Judges Do It, Too": The Bangor Daily News today contains an editorial that begins, "Junkets and other gifts to members of Congress and their staffs have come under fresh scrutiny with the investigation and conviction of the super lobbyist Jack Abramoff."
Posted at 04:25 PM by Howard Bashman



Available online from The New Republic: In the magazine's February 13, 2006 issue, Michael Crowley will have an essay entitled "Swiss Miss: By pushing for a filibuster, Kerry alienated fellow Democrats."

And online today, Michelle Cottle has an essay entitled "Grave Danger: The case against banning protests at funerals."
Posted at 04:22 PM by Howard Bashman




Available online from The Nation: Bruce Shapiro today has an essay entitled "Reap the Whirlwind" that begins, "If the Supreme Court's 1954 ruling in Brown v. Board of Education can be said to have opened the epic of the modern civil rights era, it is now also possible to mark that era's final, exhausted page: January 31, 2006."

And in the February 20, 2006 issue of that magazine, Ari Berman will have an essay entitled "Can Justice Be Trusted?"
Posted at 04:20 PM by Howard Bashman




"The Strange Case of Judge Alito": Ronald Dworkin has this essay in the February 23, 2006 issue of The New York Review of Books.
Posted at 03:50 PM by Howard Bashman



"Uncertainty grows on RIM injunction; 'There are too many unanswered questions'": Financial Post today contains an article that begins, "A court decision on an injunction banning Research In Motion Ltd.'s BlackBerry from the United States could be delayed until September, buying RIM valuable time to win or mitigate the damages arising from its patent-infringement dispute with NTP Inc., experts say."

The Toronto Globe and Mail reports today that "RIM chief keeps focus on expansion; Analyst plays down U.S. patent case."

The Richmond Times-Dispatch reports that "E-mail shutdown costs cited; U.S wants plan that ensures feds can still use BlackBerrys."

The Toronto Star contains an article headlined "America's patent trolls: Battle over RIM design exposes practice; Prompts calls for changes to U.S. law."

From London, Financial Times provides an article headlined "High Court victory for BlackBerry."

The Boston Globe reports that "Competitors circle BlackBerry's turf; With maker of popular devices locked in patent row, rivals dangle new products before worried users."

c|net News.com provides a report headlined "Gartner: RIM-NTP redux possible in 2007."

And ZDNet Australia provides a report headlined "Visto: RIM's legal troubles have only just begun."
Posted at 03:30 PM by Howard Bashman




Receive enough junk faxes, and you too could be suing the sender in federal court: Sure, the U.S. Court of Appeals for the Second Circuit once said that state courts would have "exclusive" jurisdiction over such lawsuits, but a ruling issued today demonstrates that, in retrospect, "exclusive" wasn't the best choice of words.
Posted at 03:15 PM by Howard Bashman



"Chief justice of Supreme Court says leave politics out of appointments": Canadian Press provides this report.
Posted at 03:08 PM by Howard Bashman



"Thomas Autobiography Not Due Out Until '07": Gina Holland of The Associated Press provides a report that begins, "The memoirs of Supreme Court Justice Clarence Thomas will be coming to a bookstore near you - just not as soon as expected. Nearly five years after starting his autobiography, and three years after getting a $1 million-plus book deal, Thomas is still writing. HarperCollins Publishers paid Thomas a $500,000 advance in 2003 and awaits delivery, which is behind schedule."
Posted at 03:05 PM by Howard Bashman



"Black students file complaint saying U-M discriminates": The Detroit Free Press today contains an article that begins, "A group of black students at the University of Michigan has filed a discrimination complaint with the U.S. Department of Education's Office of Civil Rights."
Posted at 03:00 PM by Howard Bashman



"Moussaoui Sentencing Trial to Begin Monday": The Associated Press provides this report.

And WCBS-TV in New York City reports that "9/11 Families To Watch Sentencing; Terrorist Could Face Death Penalty."
Posted at 02:44 PM by Howard Bashman




"Senate Panel Questions Justice Dept. Nominee": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

And in related coverage, The Richmond Times-Dispatch today reports that "McNulty quizzed on surveillance; Deputy attorney general nominee calls spying justification 'credible.'"
Posted at 02:40 PM by Howard Bashman




"Judge Orders Padilla's Shackles Removed": The Associated Press provides this report.
Posted at 01:04 PM by Howard Bashman



"Judge Kozinski and Goldyn v. Hayes": Orin Kerr's post at "The Volokh Conspiracy" has generated a plethora of reader comments about this recent Ninth Circuit ruling.
Posted at 11:50 AM by Howard Bashman



"UA sensation: Sandra Day O'Connor on campus; Ex-member of Supremes teaching class." The Tucson Citizen contains this article today.

The Arizona Daily Wildcat today contains an article headlined "A Supreme Teacher: O'Connor provides insight into court; Law students learn courts from former justice."

The Arizona Daily Star reports that "O'Connor, in Tucson, blasts moves to alter how Ariz. judges are picked."

And The El Paso Times reports that "O'Connor to visit city on April 4."

Meanwhile, in commentary, The Allentown Morning Call today contains an editorial entitled "Sandra Day O'Connor's service."
Posted at 11:45 AM by Howard Bashman




"Earnings Restated? Don't Blame a Lawsuit for It." This article appears today in The New York Times.
Posted at 11:40 AM by Howard Bashman



BREAKING NEWS -- Supreme Court of Kansas refuses to enforce the Kansas Attorney General's subpoenas for patient records from two abortion clinics: You can access today's ruling at this link. And the court has also issued a summary of the ruling.

In early press coverage, The Kansas City Star offers a news update headlined "Court: Abortion clinic patients' privacy must be protected," while The Associated Press reports that "Kan. Court Blocks Abortion Records' Access."

And in related coverage, The Wichita Eagle today contains an article headlined "Testimony, ruling to put Kline in spotlight" that begins, "Kansas Attorney General Phill Kline's legal battles over abortion and teenage pregnancy converge today in what could be one of the most notable moments of his political career. The Kansas Supreme Court announced that at 9:30 a.m. today it will issue its ruling in a dispute over Kline's attempts to collect abortion clinic records. That will come an hour after Kline is set to take the witness stand in a federal lawsuit over the sexual privacy of teenagers."
Posted at 11:20 AM by Howard Bashman




"Smells Like Teen Snogging: Kansas' wacky attorney general smells sex everywhere." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:12 AM by Howard Bashman



"Witness: CEO hid retail unit's struggles; Koenig testifies Skilling misled investors about division's debt of $726 million." Mary Flood has this article today in The Houston Chronicle.

The New York Times reports today that "Witness Says Enron Hid Huge Loss From Investors."

USA Today reports that "Tapes appear to show Enron execs hid $726M loss; Testimony also implicates Lay."

And Financial Times reports that "Enron jurors try to see the numbers."
Posted at 11:05 AM by Howard Bashman




"Court affirms tobacco award; Justices say Philip Morris' conduct justifies a widow's $79.5 million in damages": This article appears today in The Oregonian.

My earlier coverage of yesterday's ruling of the Supreme Court of Oregon is here.
Posted at 10:54 AM by Howard Bashman




Today's other rulings of note from the U.S. Court of Appeals for the D.C. Circuit: A per curiam opinion issued today agrees to unseal portions of Circuit Judge David S. Tatel's previously redacted opinion concurring in the judgment in the Judith Miller Grand Jury subpoena case. You can access the newly-reissued, partially-unredacted opinion at this link. My earlier coverage of the ruling, from nearly one year ago, is here. As noted in this D.C. Circuit filing by Special Counsel Patrick J. Fitzgerald, the federal government supported in part the request to unseal.

In a lengthy opinion concurring in the judgment, Circuit Judge Janice Rogers Brown today takes a close look at the legal standards governing "a difficult subcategory of sexual harassment cases sometimes referred to as submission cases--that is, cases in which the complaining employee submits to the sexual advances of the supervisor."

And finally, for sovereign immunity buffs, the D.C. Circuit today addresses whether the Fair Labor Standards Act's private right of action still applies against an agency of the Puerto Rican government now that the U.S. Supreme Court has effectively invalidated the FLSA's private right of action as applied against state agencies. You can access the opinion at this link.
Posted at 10:30 AM by Howard Bashman




Booker reaps the benefit of Booker: And in the D.C. Circuit, no less. Today's ruling is here.
Posted at 10:23 AM by Howard Bashman



"Money for judges' security on the way, Justice Dept. says": The Associated Press provides a report that begins, "Illinois' senators, who had voiced concern that $12 million they had helped secure for protection of federal judges was not reaching its target, say the Justice Department assures them the money is on its way."
Posted at 07:05 AM by Howard Bashman



"'Move-Away' Parents Get Green Light; California's high court gives ex-spouses with custody latitude to leave without a legal fight": Maura Dolan has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Evidence of harm required in 'move-away' custody battle; High court places greater challenge on contesting parent."

And The Associated Press reports that "Hearing denied to divorced father; Ex-wife, son are moving to Las Vegas."

My earlier coverage is here.
Posted at 07:00 AM by Howard Bashman




"Public Misled on Air Quality After 9/11 Attack, Judge Says": This article appears today in The New York Times.

And The New York Daily News reports today that "Judge hot over 9/11 air; Rips EPA's all-clear, OKs suit."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Southern District of New York.
Posted at 06:48 AM by Howard Bashman




"Reflections on The Supreme Court Confirmation Process After Roberts and Alito: Its Virtues and Flaws, and Why Senator Obama's Take is the Right One." FindLaw commentator Vikram David Amar has this essay today.
Posted at 06:44 AM by Howard Bashman


Thursday, February 02, 2006


"Will the Supreme Court Revisit the Line-Item Veto?" law.com's Tony Mauro provides this report.
Posted at 10:44 PM by Howard Bashman



"In His Courtroom, Judge in Enron Trial Keeps Tight Hold on Reins": This article will appear Friday in The Washington Post.
Posted at 10:40 PM by Howard Bashman



"Alito Could Shift Balance on US Supreme Court": Voice of America News provides this report.

The Bismarck (N.D.) Tribune today reports that "Some Democrats angry with Conrad over Alito vote."

The Birmingham News contains an editorial entitled "The confirmation of Samuel Alito."

The San Francisco Chronicle contains an editorial entitled "The Alito factor."

The Pueblo Chieftain contains an editorial entitled "Mr. Justice Alito."

The Toledo Blade contains an editorial entitled "The court tilts right."

Columnist John Brummett of The Arkansas News Bureau has an essay entitled "Mark, Blanche have it neither way."

In The Oregonian, columnist David Reinhard has an op-ed entitled "The Alito Confirmation."

And in The Aspen Times, Andy Stone has an essay entitled "Sammy missed the frat party."
Posted at 10:25 PM by Howard Bashman




As seen on InstaPundit's "Top Ten Sources": Details here.
Posted at 10:20 PM by Howard Bashman



Tonight's DVD selection: "Rize." It's quite an improvement over last night's DVD selection, "Tropical Malady." And earlier today, my son and I had the pleasure of watching the film "Corpse Bride."
Posted at 10:12 PM by Howard Bashman



"O'Connor defers judgment on how court will change without her": This article appears today in The Arizona Daily Star.
Posted at 10:04 PM by Howard Bashman



U.S. District Judge Leonie M. Brinkema issues "Trial Conduct" order in United States v. Moussaoui case: You can access today's order at this link. As noted here, the trial will cause street closures near the Alexandria, Virginia federal courthouse.

And in related news, CNN.com reports that "Congressman subpoenaed for 9/11 trial; Weldon asked to testify about what U.S. knew before attacks."
Posted at 06:55 PM by Howard Bashman




No more book reviews until after she passes the California bar exam: CalLaw.com's "Legal Pad" blog offers a post titled "At Least She Has More Time to Cram...."
Posted at 06:08 PM by Howard Bashman



"Internet jihad: tackling terror on the Web; A British citizen faces US charges for running a militant site hosted in Connecticut." This article will appear Friday in The Christian Science Monitor.
Posted at 06:05 PM by Howard Bashman



"Judge Slams Ex-EPA Chief Over Sept. 11": The Associated Press provides a report that begins, "A federal judge blasted former Environmental Protection Agency chief Christine Todd Whitman on Thursday for reassuring New Yorkers soon after the Sept. 11 attacks that it was safe to return to their homes and offices while toxic dust was polluting the neighborhood. U.S. District Judge Deborah A. Batts refused to grant Whitman immunity against a class-action lawsuit brought in 2004 by residents, students and workers in lower Manhattan and Brooklyn who said they were exposed to hazardous materials from the collapse of the World Trade Center."

I have posted online at this link today's ruling of the U.S. District Court for the Southern District of New York.
Posted at 05:50 PM by Howard Bashman




"Supreme Court Fuels Death Penalty Debate": Gina Holland of The Associated Press provides this report.
Posted at 05:45 PM by Howard Bashman



Appellate audio/visual: With no more U.S. Supreme Court confirmation hearings on the immediate horizon, what's the multimedia-loving fan of all things appellate to do?

Thanks to the U.S. Court of Appeals for the Ninth Circuit, you can listen to the audio (Windows Media format) of last Friday's oral argument over whether the multi-billion dollar punitive damages award arising from the Exxon Valdez incident is unconstitutionally excessive. Arguing the case for Exxon was former Acting Solicitor General (and longtime "How Appealing" reader) Walter E. Dellinger, III. Arguing the case for the plaintiffs was Brian B. O'Neill of Faegre & Benson.

And reaching a bit farther back into the past, via C-SPAN's "America & the Courts" you can watch the California Supreme Court's oral argument (RealPlayer required) in Evans v. City of Berkeley, a case that presents the question whether the City of Berkeley acted unlawfully in terminating rent-free space to the Sea Scouts because of the group's refusal--due to its charter from the Boy Scouts of America--to accept the city's requirement that it agree not to discriminate on the basis of religion or sexual orientation.
Posted at 04:55 PM by Howard Bashman




"Fourth Circuit Issues Black & Decker Opinion: TP Wins on §§ 357 & 358, IRS Wins on Sham Transaction." "TaxProf Blog" provides this coverage of a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today. In this instance, TP stands for taxpayer, and thus isn't what Beavis was seeking in the highly acclaimed "Vaya Con Cornholio" episode.
Posted at 04:32 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast included segments entitled "Slate's Jurisprudence: Kansas Sex Ban Challenged" (featuring Dahlia Lithwick) and "First Prosecution Witness Takes Stand in Enron Trial." RealPlayer is required to launch these audio segments.
Posted at 04:20 PM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Alito's Tomato Pie Philosophy; At De Lorenzo's, you get great pizza with a touch of Alito seasoning."

In other news, "McKenna Does Defense for BlackBerry, as Outage Looms; Relationship built by partner's days as U.S. ambassador to Canada."

And an article reports that "Enron Fudged Figures, Witness Says."
Posted at 03:22 PM by Howard Bashman




No creche or nativity scene required: Today, the U.S. Court of Appeals for the Second Circuit has issued a lengthy ruling in which the majority opinion begins, "No holiday season is complete, at least for the courts, without one or more First Amendment challenges to public holiday displays." The majority holds that New York City's public school system did not violate the Constitution when, in pursuing the secular goal of promoting respect for diverse cultural traditions, it did not include a creche in its winter holiday displays even though Chanukah was represented by the menorah and Ramadan by the star and crescent.

For the second time this week in cases involving controversial topics, Circuit Judge Chester J. Straub has issued an interesting separate opinion. In today's opinion, he writes: "I find that the DOE's policy and the attendant displays and celebrations violate the Establishment Clause."
Posted at 02:50 PM by Howard Bashman




"Defining Judicial Inactivism: Models of Adjudication and the Duty to Decide." Law Professor Chad M. Oldfather, a longtime "How Appealing" reader, has this interesting article (SSRN abstract with links for download) in the November 2005 issue of The Georgetown Law Journal.
Posted at 02:33 PM by Howard Bashman



Available online from The Daily Journal of California: Yesterday in that newspaper, Brent Kendall reported that "Court May Hear Sentencing Ruling." The article discusses the U.S. Supreme Court's impending consideration of a number of cert. petitions challenging the constitutionality of California's sentencing system.

And on Tuesday, Lawrence Hurley had an article headlined "Too Many Immigration Appeals; Circuit Judge Faults Lawyers for Their Part in Overloading." The article begins, "A San Francisco federal appellate judge didn't mince his words Monday when asked about the dramatic rise in immigration cases before federal appellate courts."
Posted at 02:20 PM by Howard Bashman




"Case of the Month: United States v. Clark." At "Opinio Juris," Law Professor Roger Alford today has a post that begins, "My vote for the most important international law case in January is the Ninth Circuit's decision in United States v. Clark. The case represents a rare and important instance of a court attempting to grapple with the scope of the Foreign Commerce Clause."
Posted at 02:04 PM by Howard Bashman



"RIM Says UK High Court Rules in Its Favor": Reuters provides this report.

And Research In Motion has today issued a press release entitled "RIM Provides Update on InPro Patent Litigation in United Kingdom."
Posted at 02:00 PM by Howard Bashman




"Judgment Against Philip Morris Is Upheld": The Associated Press provides a report that begins, "The Oregon Supreme Court upheld on Thursday a $79.5 million punitive damages award to the family of an Oregon smoker who died of lung cancer, saying the amount isn't excessive given the 'reprehensible' conduct of tobacco giant Philip Morris in marketing cigarettes."

And Reuters reports that "Oregon court affirms award against Philip Morris."

You can access today's ruling of the Supreme Court of Oregon at this link.
Posted at 01:55 PM by Howard Bashman




"In a case where sole legal and sole physical custody of a child has been awarded to one parent after a contested custody dispute, and the custodial parent's subsequent decision to relocate with the child is opposed by the noncustodial parent, is the noncustodial parent entitled to an evidentiary hearing on the matter?" In a case involving a custodial parent's planned move from California to Nevada, today the Supreme Court of California unanimously answered that question "no" in an opinion you can access here.
Posted at 01:02 PM by Howard Bashman



In today's mail: My copy of "The Green Bag Almanac & Reader," which apparently is being shipped to all (or at least some) Green Bag subscribers.

Meanwhile, the first of two Justice Sandra Day O'Connor bobblehead dolls being auctioned this week on eBay went unsold when the high bid reached only $217.55, failing to satisfy the reserve set on the item. The auction of a second Justice O'Connor bobblehead doll remains underway, scheduled to end tomorrow, and it too has yet to generate a bid in excess of the seller's reserve.
Posted at 11:44 AM by Howard Bashman




"Alito's first judgment surprises conservatives": The Times of London today contains an article that begins, "When President George Bush nominated Samuel Alito to the Supreme Court he was billed as an arch-conservative. But in his first decision last night, the new justice confounded expectations by voting to stay an execution in Missouri."
Posted at 11:35 AM by Howard Bashman



"Newly retired O'Connor free to speak her mind, or not": The Arizona Republic today contains an article that begins, "Sandra Day O'Connor, speaking Wednesday in Scottsdale hours after retirement freed her to express opinions without betraying impartiality as a Supreme Court justice, condemned a problem she said is making life increasingly difficult for aging Americans. 'The packaging of things is impossible to open,' she protested, bringing hearty laughter and applause from an overflow audience, mostly people of her generation."

Also today, the newspaper contains an op-ed entitled "An Arizona lesson in how to show class and how to be crass" by columnist E.J. Montini.
Posted at 11:33 AM by Howard Bashman




"White House Defends Texas's GOP Remapping Plan to Justices": Charles Lane has this article today in The Washington Post.

And today at his "Election Law" blog, Rick Hasen has a post titled "More Texas Redistricting Briefs."
Posted at 11:24 AM by Howard Bashman




"BlackBerry shutdown worries feds; Justice Department repeats nervousness about potential impact on government workers": CNNMoney.com provides this report.

And The Toronto Globe and Mail reports today that "RIM wins key battle in patent dispute; Fifth NTP patent rejected as court hearing looms."
Posted at 10:28 AM by Howard Bashman




"White House Fails To Archive E-Mail; Issue in CIA Leak Case": Josh Gerstein has this article today in The New York Sun.
Posted at 09:18 AM by Howard Bashman



"Conn. city can ban display of police tattoos, NY court says": The Associated Press provides this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 09:15 AM by Howard Bashman



"Woman who served 12 years in bad check case wins appeal": This article appears today in The Las Vegas Review-Journal.
Posted at 07:18 AM by Howard Bashman



"Deception kept stock up, says witness; Former investor relations head says Lay, Skilling were active in financial management": Mary Flood has this article today in The Houston Chronicle, which also contains an article headlined "Show of force at city's expense; Extra officers are assigned to maintain order at high-profile case."

The New York Times reports today that "Ex-Executive Says Enron Fudged Data."

The Washington Post reports that "Lay, Skilling Linked With Effort to Hit Expectations; Enron's Ex-Investor Relations Head Testifies."

The Los Angeles Times reports that "Enron Altered Profit, Witness Says; The former executive testifies numbers were manipulated to meet Wall Street expectations."

USA Today reports that "Judge allows prosecutors to play tapes of Enron calls."

And The Dallas Morning News reports that "Enron's reporting under fire; Investor relations head testifies that earnings were artificially inflated."
Posted at 07:10 AM by Howard Bashman




"Execution postponed in '89 killing; Judges vote 9-1 to hear arguments in case": This article appears today in The Kansas City Star.
Posted at 07:00 AM by Howard Bashman



"A Modern Historical Reenactment": Today in The Washington Post, the first item in the "Reliable Source" column begins, "You know how some couples have a private wedding and then restage the ceremony for the photographer? Kind of how it felt yesterday, when Supreme Court Justice Sam Alito was 'sworn in' for the second time."
Posted at 06:50 AM by Howard Bashman



"A Court Remade in the Reagan Era's Image": Adam Liptak has this article today in The New York Times.
Posted at 06:44 AM by Howard Bashman


Wednesday, February 01, 2006


"Republicans Were Masters In the Race to Paint Alito; Democrats' Portrayal Failed to Sway the Public": This lengthy front page article will appear Thursday in The Washington Post.
Posted at 11:24 PM by Howard Bashman



"Senate Panel Rebuffed on Documents on U.S. Spying": Thursday's edition of The New York Times will contain an article that begins, "The Bush administration is rebuffing requests from members of the Senate Judiciary Committee for its classified legal opinions on President Bush's domestic spying program, setting up a confrontation in advance of a hearing scheduled for next week, administration and Congressional officials said Wednesday."
Posted at 11:22 PM by Howard Bashman



Caption this photo: "Now we are really outnumbered." Additional photos of today's ceremonial swearing-in can be accessed via this link.
Posted at 10:40 PM by Howard Bashman



"Alito Opposes Mo. Execution": Gina Holland of The Associated Press provides a report that begins, "New Supreme Court Justice Samuel Alito split with the court's conservative Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection. Alito, handling his first case, sided with inmate Michael Taylor, who had won a stay from an appeals court earlier in the evening. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas supported lifting the stay, but Alito joined the remaining five members in turning down Missouri's last-minute request to allow a midnight execution."

And at "SCOTUSblog," Lyle Denniston has a post titled "Alito's first vote: splits with conservatives." Lyle's description at the end of his post of today's ceremonial White House oath ceremony for Justice Samuel A. Alito, Jr. is definitely worth reading.
Posted at 10:20 PM by Howard Bashman




"What the hell happened? In 2004, a massive pro-choice rally shook Washington; Just two years later, feminists are reflecting on the failure to stop Alito and what a conservative Supreme Court will mean for women." Rebecca Traister has this essay at Salon.com.
Posted at 10:10 PM by Howard Bashman



"Presumed Ignorant: Are the Enron jurors morons? Because the lawyers are certainly treating them that way." Daniel Gross has this moneybox essay online at Slate. Gross writes of the prosecution's opening statement, "It calls to mind Phil Hartman's old Unfrozen Caveman Lawyer routine on Saturday Night Live: All your strange numbers confuse and scare me, but I do know one thing--those men are liars."
Posted at 10:05 PM by Howard Bashman



"O'Connor's Low-Key Last Days on High Court": This segment (RealPlayer required) featuring Joan Biskupic appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 08:15 PM by Howard Bashman



"Supreme Court Judge Samuel Alito Swearing-In Ceremony": Via C-SPAN, you can access here (RealPlayer required) the video of the public ceremony that took place late this afternoon at the White House.

A transcript of the ceremony can be accessed via the White House web site under the heading "President Attends Swearing-In Ceremony for Associate Justice Samuel Alito."
Posted at 07:54 PM by Howard Bashman




"Patent in BlackBerry Case Gets Non-Final Rejection": Reuters provides this report, along with an article headlined "US has misgivings about BlackBerry shutdown plan."

And The Associated Press reports that "Patent Office Acts in BlackBerry Case."

In response to these developments, Research In Motion today issued a press release entitled "RIM Provides Update on Patent Reexamination Proceeding."
Posted at 07:50 PM by Howard Bashman




"Imprisoned Nev. Woman's Case Overturned": The Associated Press provides this report.
Posted at 07:45 PM by Howard Bashman



"Alito Casts First Vote in Supreme Court": Gina Holland of The Associated Press provides this report.
Posted at 06:10 PM by Howard Bashman



"SG Files Amicus Brief in Texas Redistricting Case": Rick Hasen, at his "Election Law" blog, provides this post containing a link to the amicus brief.
Posted at 05:15 PM by Howard Bashman



Whose wife is she? A written report at CNN.com states, "Alito watched the Senate vote from the Roosevelt Room of the White House with President Bush and his wife, Martha-Ann Bomgardner." If either Justice Alito or President Bush were female, or if President Bush had been mentioned last in the sentence, CNN.com could have avoided this ambiguity.
Posted at 04:30 PM by Howard Bashman



"Ruling backs closed court; Israeli agents won't testify before public": The Chicago Tribune today contains an article that begins, "A federal judge on Tuesday agreed to close her courtroom when Israeli security agents testify at a hearing in March, rejecting the arguments of the Chicago Tribune and various advocacy groups that wanted the hearing open to the public. U.S. District Judge Amy St. Eve said that although the right to a public trial is important, the case of Muhammad Salah, who is accused of funding Mideast terrorists, presented special, overriding concerns."

I have posted online at this link a copy of yesterday's ruling by U.S. District Judge Amy J. St. Eve of the U.S. District Court for the Northern District of Illinois.
Posted at 04:10 PM by Howard Bashman




"Microsoft Amends Its Policy for Shutting Down Blogs": This article appears today in The New York Times.
Posted at 03:40 PM by Howard Bashman



In the February 5, 2006 issue of The New York Times: Gazing into the crystal ball, a TimesSelect subscription allows me to predict that the upcoming issue of the Sunday Book Review will contain a review headlined "Consent of the Governed," written by Law Professor Kathleen M. Sullivan, of Justice Stephen G. Breyer's book, "Active Liberty: Interpreting Our Democratic Constitution." Also, Malcolm Gladwell fans (and others) will find a profile of the author headlined "The Gladwell Effect."

And in the newspaper's Magazine section, Law Professor Noah Feldman will have an essay entitled "Deliberation Nation" that begins, "The public hearings that the Senate Judiciary Committee is scheduled to begin holding tomorrow are supposed to help determine whether the National Security Agency's domestic spying program broke the law. But this is no ordinary trial."
Posted at 03:25 PM by Howard Bashman




Circuit Judge Richard A. Posner on contractual forum selection clauses: In this opinion issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, Judge Posner examines whether state or federal law governs the construction of a contractual forum selection clause in a diversity case and how specific such a clause must be in order to be enforceable.
Posted at 03:10 PM by Howard Bashman



"US Court Orders Review of OxyContin Patent Case": Reuters provides this report on the grant of panel rehearing and new opinion that a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 02:50 PM by Howard Bashman



Available online at Slate: Law Professor Judith Resnik has a jurisprudence essay entitled "Opening the Door -- Court stripping: unconscionable and unconstitutional?"

In addition, William Saletan and Katha Pollitt debate "Is Abortion Bad?"
Posted at 02:30 PM by Howard Bashman




"Petitioner spent 12 years in prison for conduct that is not a crime." So begins an opinion that Circuit Judge Alex Kozinski issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. And later in the opinion, Judge Kozinski writes, "Over the twelve years she spent in prison, Goldyn asserted her innocence seven times before three courts. Yet no court appears to have taken her argument seriously." Until today, that is.
Posted at 02:20 PM by Howard Bashman



"Strong faith does not hinder a judge's work": Last Saturday, this editorial about a speech that Eleventh Circuit Judge William H. Pryor, Jr. recently delivered appeared in The Mobile Register (via "Southern Appeal").
Posted at 12:11 PM by Howard Bashman



"Controversial issues will set tone for Alito's term": This article appears today in Newsday.
Posted at 12:04 PM by Howard Bashman



John Roberts update: Although it's not quite on par with the Chief Justice of the United States deciding to sign instead with the Supreme Court of Canada, The Associated Press is reporting that the other celebrity John Roberts has left CBS News for CNN. In related coverage, mediabistro's "TVNewser" provides this post. And the "PublicEye" blog at CBSNews.com provides a post titled "CBS' John Roberts To Become CNN's John Roberts."
Posted at 11:50 AM by Howard Bashman



"Courts reject ban on partial-birth abortion": Reuters provides this report.
Posted at 11:44 AM by Howard Bashman



Give the new guy the Eighth Circuit: An order that the Supreme Court of the United States issued this morning assigns Justice Samuel A. Alito, Jr. as Circuit Justice for the U.S. Court of Appeals for the Eighth Circuit. For those wishing to compare and contrast, the previous line-up is here. Although Justice Alito did not wrest the Third Circuit away from Justice David H. Souter, Justices Anthony M. Kennedy and Clarence Thomas were reunited with their home circuits in a manner of speaking.
Posted at 11:10 AM by Howard Bashman



Punitive damages, appellate waiver, and giving the plaintiff the option of a new trial if she rejects the appellate court's reduction of punitive damages: In a case that the U.S. Supreme Court had GVR'd for reconsideration in light of State Farm Mutual Automobile Insurance Co. v. Campbell, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today ruled by a vote of 2-1 that a $3 million punitive damages award against Chrysler Corporation and in favor of the widow of a man who was fatally injured in an automobile accident while driving a 1992 Dodge Ram club cab pickup truck was unconstitutionally excessive. The court accordingly reduced the punitive award to $471,258.26. You can access today's ruling at this link.

Today's ruling is noteworthy for three independent reasons. First, according to the lead opinion's recitation of the case's procedural history, Chrysler originally raised no constitutional challenge to the excessiveness of the $3 million punitive damages award in the district court before taking an appeal from the adverse judgment. Nevertheless, because Chrysler did raise such a challenge in its initial Sixth Circuit appeal, because the Sixth Circuit in that earlier appeal addressed the merits of the issue, and because the Supreme Court GVR'd the case for reconsideration of whether the punitive award was unconstitutionally excessive, the panel holds that the issue was not waived.

Second, today's ruling is of interest because the panel divides 2-1 over whether the $3 million punitive award is unconstitutionally excessive. Each of the three judges on this all-female panel, in separate opinions, analyzed the issue differently. And in dissent, Circuit Judge Karen Nelson Moore concludes that the punitive award was not unconstitutionally excessive. Because the two judges in the majority consist of a visiting judge and a senior Sixth Circuit judge, the case may have a better than average chance of obtaining rehearing en banc should one or both of the parties request it.

Finally, the case is of interest because the majority gives the plaintiff the option of a new trial if she rejects the reduction in punitive damages. Other federal appellate courts have ruled that where a punitive damages award is held unconstitutionally excessive, it must be reduced to the maximum possible award that would not be unconstitutionally excessive, and therefore there is no reason to give the plaintiff the option of a new trial because it would be unlawful for the plaintiff to recover a larger punitive award at the new trial.
Posted at 10:40 AM by Howard Bashman




The Associated Press is reporting: Gina Holland has an article headlined "Alito's High Court Orientation Begins."

And in other news, "Court: Co. Does Not Own Titanic Aftifacts." My earlier coverage is here.
Posted at 10:28 AM by Howard Bashman




"Legal disputes spread to BlackBerry rivals": This article appears today in USA Today.
Posted at 09:22 AM by Howard Bashman



"Opening Arguments in the Trial of Ex-Enron Chiefs": The New York Times contains this article today.

The Washington Post today contains a front page article headlined "Jurors Hear Two Tales of Enron's Fall; Arguments Set Out in Former Executives' Trial."

The Los Angeles Times reports that "Defense Says Doubt, Not Greed, Hurt Enron."

The Houston Chronicle contains articles headlined "Witness is expected to admit conspiracy"; "Stress no stranger to exec Koenig; Likely the first witness, he was supposed to keep Wall Street bullish"; and "For jury's members, ignorance is bliss; Some have loose ties to Enron but say they aren't familiar with case." In addition, columnist Loren Steffy has an essay entitled "Enron's philosophy of lies is what's on trial here."

The Dallas Morning News contains an article headlined "Who are the cheats, liars in Enron case? Accusations fly between prosecutors, defenders in opening statements."

USA Today reports that "Enron defense opens with both barrels; prosecution's more sedate."

The Wall Street Journal contains an article headlined "Split Verdict on Selecting Juries Quickly" (free access).

And today's broadcast of NPR's "Morning Edition" contained a segment entitled "Defense Lawyers Decry Charges in Enron Trial."
Posted at 09:15 AM by Howard Bashman




"A Stark Division in Vote for Alito; He is confirmed, 58-42, nearly along party lines; Afterward, neither side is ready to back down": This article appears today in The Los Angeles Times.

The Chicago Tribune today contains articles headlined "Alito now 2nd Bush justice; Roberts swears him in after partisan 58-42 Senate vote" and "Alito's seating on court is the more telling event." And Law Professor Steven Lubet has an op-ed entitled "On Alito: Oh, those woebegone Democrats."

USA Today reports that "Alito joins high court after 58-42 vote; Confirmation is the closest since Thomas."

The Newark (N.J.) Star-Ledger reports that "Alito joins Supreme Court after partisan Senate vote; Degree of minority opposition is historic."

In The Houston Chronicle, Patty Reinert reports that "With Alito, high court could set new course; Newest justice is sworn in as pivotal cases on abortion and terrorism await."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Alito sworn in as 110th justice of Supreme Court."

The Boston Globe reports that "Alito becomes nation's 110th justice; Mostly partisan vote sends him to Supreme Court."

In The Washington Post, Charles Lane reports that "Shift on the Bench Has Already Begun."

The New York Daily News reports that "Divided Senate gives Alito seat on Supreme Court."

The Washington Times reports that "Alito sworn in as 110th justice."

The Denver Post reports that "Alito joins Supreme Court after divided Senate vote; New justice likely to shift rulings in more conservative direction."

The Reno Gazette-Journal reports that "Alito sworn in as new justice."

The Courier-Post of Cherry Hill, New Jersey reports that "In battle for abortion rights, Alito is hailed, dreaded."

The Arizona Republic reports that "President thanks O'Connor for her service on court."

The Arizona Daily Star contains an article headlined "O'Connor: from high court to UA classroom; Just-retired justice to teach a course at college of law."

The Des Moines Register reports that "Iowa senators split their votes on new justice."

The Portland (Me.) Press Herald reports that "Snowe, Collins consent on Alito."

The Yale Daily News reports that "Partisan vote confirms Alito."

The Columbia Missourian reports that "MU law scholars disagree on extent of Alito's effect on court's balance."

The Badger Herald reports that "Justice Alito joins high court."

The Collegian of Penn State University reports that "Reactions differ on Alito approval."

And The Daily Princetonian provides a news update headlined "Alito '72 sworn in as Supreme Court justice."
Posted at 07:15 AM by Howard Bashman




"Rutherford granted a stay of execution": The Tallahassee Democrat contains this article today.
Posted at 07:05 AM by Howard Bashman



"Bill on religious postings changed; House might display 'In God We Trust'": This article appears today in The Louisville Courier-Journal.
Posted at 07:00 AM by Howard Bashman



"High Court's Recent Changes May Be Just First Act; A More Striking Shift Could Ensue If Any of the Court's Four Liberal Justices Depart on Bush's Watch": Jess Bravin has this article (free access) today in The Wall Street Journal.
Posted at 06:55 AM by Howard Bashman



"Partial Birth Abortion Act Ruled Unconstitutional by U.S. Courts": This article appears today in The New York Times.

Today in The Los Angeles Times, Henry Weinstein reports that "Two Courts Reject Ban on Abortion Procedure; Appeals panels find the law unconstitutional. New faces on the high court may ultimately help restore the prohibition, experts say."

In The New York Sun, Josh Gerstein reports that "Abortion Cases Await, as Alito Accedes."

In The San Francisco Chronicle, Bob Egelko reports that "'Partial birth' abortion ban held unconstitutional; Appeals courts in S.F. and N.Y. issue rulings hours apart."

And in The Oakland Tribune, Josh Richman reports that "Partial-birth abortion ban struck down; Two courts, including 9th Circuit in S.F., rule federal law too broad."
Posted at 06:54 AM by Howard Bashman




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