How Appealing

Wednesday, February 7, 2007

Available online from law.com: Marcia Coyle has an article headlined "Gauging the Reach of Patent Law; Microsoft, AT&T in high court duel."

And in other news, "N.J. Court Turns Away Plaintiffs' Pitch to Revive $105M Dram Shop Award."
Posted at 10:30 PM by Howard Bashman



"Jury in Libby Case Hears New Tapes": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:00 PM by Howard Bashman


"Alito: Future Court Will Have More Women." The Associated Press provides this report.
Posted at 07:54 PM by Howard Bashman


"Russert Testified He Never Told Libby About Plame": The Washington Post provides this news update.

The Los Angeles Times provides a news update headlined "Russert tells jury he never told Libby of CIA agent."

And The Associated Press reports that "Russert Contradicts Libby's Testimony."
Posted at 06:00 PM by Howard Bashman



"Ten Commandments decision will wait until next month": The Saginaw News today contains an article that begins, "Is Saginaw County headed for a holy war? Members of a Saginaw County Board of Commissioners panel have delayed until next month a decision on whether to recommend that the full board allow a Ten Commandments monument in the lobby of the Saginaw County Governmental Center, 111 S. Michigan."
Posted at 05:45 PM by Howard Bashman


"Wal-Mart suit shows glass ceiling still an issue; Despite four decades of focus on equal workplace rights, gender discrimination concerns persist": This article will appear Thursday in The Christian Science Monitor.
Posted at 05:44 PM by Howard Bashman


"Soldier's Court-Martial Ends in Mistrial": The Associated Press provides a report that begins, "The judge overseeing the court martial of an Army lieutenant who refused to deploy to Iraq declared a mistrial Wednesday, saying the soldier did not fully understand a document he signed admitting to elements of the charges."

And The Seattle Post-Intelligencer provides a news update headlined "Mistrial in Watada court-martial; War objector will have to tried again."
Posted at 05:33 PM by Howard Bashman



"ACLU sues over Ten Commandments; It took awhile to find a resident willing to go to court over the 6-ton religious monument on the Dixie County Courthouse steps": The St. Petersburg Times provides this news update.

The Gainesville Sun provides a news update headlined "Ten Commandments monument in Dixie County draws lawsuit."

The Associated Press reports that "ACLU sues for removal of Ten Commandments from courthouse steps."

And Reuters reports that "Ten Commandments monument spurs lawsuit in Florida."

The ACLU of Florida today has issued a news release titled "ACLU Challenges Divisive Religions Display at Dixie County Courthouse." The organization has also posted online its federal court complaint and photos of the monument.
Posted at 05:30 PM by Howard Bashman



If an airline ticket is non-refundable, does that make the associated fees and taxes non-refundable too, even if the ticket goes unused? Just when you fear that no more clever legal arguments exist, along comes one more. Yet this latest clever argument meets the fate of so many of its predecessors in a ruling that the U.S. Court of Appeals for the First Circuit issued today. Senior Circuit Judge Bruce M. Selya issued the opinion for a unanimous three-judge panel, so have your unabridged dictionaries at the ready.
Posted at 04:52 PM by Howard Bashman


"The Needle and the Damage Done: Lethal injections are often botched and sometimes painful; Doctors don't want to administer them; Is it time to kill this form of execution?" Elizabeth Weil will have this article (TimesSelect temporary pass-through link) in the February 11, 2007 issue of The New York Times Magazine.
Posted at 03:55 PM by Howard Bashman


"R.I. Killer Wants OK to Preach in Prison": The Associated Press provides a report that begins, "A warden's decision to ban a convicted killer from preaching to fellow inmates violates the prisoner's right to practice religion, his attorney told a federal appeals court Wednesday."
Posted at 02:20 PM by Howard Bashman


Attorneys behaving badly: Three attorneys are censured and one is admonished for conduct unbecoming members of the bar in a decision that the U.S. Court of Appeals for the Seventh Circuit issued today.

In describing what transpired at a deposition that gives rise to the bulk of the sanctions, Chief Judge Frank H. Easterbrook's opinion of the court states, "What happened next must be set out in full to be believed." He goes on to reprint questions asking whether the witness has ever engaged in homosexual conduct, an issue that apparently had no relevance whatsoever to the proceeding pending in court. There aren't too many federal appellate court rulings discussing how attorneys and witnesses must behave during depositions, so this decision may be useful not only within the Seventh Circuit, but elsewhere as well.
Posted at 02:07 PM by Howard Bashman



"'Ask the Author' with Jan Crawford Greenburg: Part 1." This post appears today at "SCOTUSblog."
Posted at 01:52 PM by Howard Bashman


"A Neiman Marcus Supreme Court: The best way to counter the perception that Alabama's justices are for sale is to do away with electing them." Yesterday's issue of The Birmingham News contained an editorial that begins, "If justice is for sale in Alabama, the folks who are buying act like they're shopping at Neiman Marcus. Alabama justices, like a Prada handbag from the exclusive, Dallas-based luxury store chain, don't come cheap."
Posted at 11:40 AM by Howard Bashman


"Court: Sex offender can go unnamed as he pursues suit; Marion County man is challenging Plainfield law that bans him from town facilities." This article appears today in The Indianapolis Star.

You can access at this link yesterday's ruling of the Court of Appeals of Indiana.
Posted at 10:44 AM by Howard Bashman



"Bush replaces U.S. attorneys in power play": George W. Liebmann has this op-ed today in The Baltimore Sun.
Posted at 10:35 AM by Howard Bashman


"Wal-Mart ready for Supreme Court 'if necessary'": MarketWatch provides this report.

And The Wall Street Journal today contains an article headlined "Wal-Mart to Fight Ruling in Suit; Retailer Seeks Rehearing On Class-Action Status; Billions of Dollars in Claims" (pass-through link via "Point of Law").
Posted at 10:22 AM by Howard Bashman



"Rookie lawyers to get 'dry run' at top court; Panel will imitate stressful setting, offer novices valuable advice": The Toronto Globe and Mail today contains an article that begins, "The cream of the legal establishment is about to launch a project to prepare lawyers for the most demanding, stressful task they can face -- a date before the Supreme Court of Canada."
Posted at 10:20 AM by Howard Bashman


"Parental abortion notice has new snag": The Chicago Tribune today contains an article that begins, "A federal judge ruled Tuesday that state officials must put proper courthouse procedures in place before he will consider their request to revive a much-debated abortion law."

And The Chicago Sun-Times reports today that "Abortion notification law on hold again."
Posted at 10:15 AM by Howard Bashman



"Three Law Graduates Earn Clerkships At U.S. Supreme Court": The Daily Northwestern contains this article today.
Posted at 10:02 AM by Howard Bashman


"US Chief Justice presides over Moot Court finals": This article appears today in The Student Life of Washington University in St. Louis.

And today in The St. Louis Post-Dispatch, columnist Deb Peterson has an op-ed entitled "Top justice hits U. City spot for different kind of bar exam."

The Washington University in St. Louis School of Law has posted online a news release titled "Chief Justice Roberts Lectures, Judges Student Competition." The news release provides access to related photo galleries.
Posted at 10:00 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "NBC's Russert to Take Stand at Libby Trial" (featuring Nina Totenberg); "Firings of U.S. Attorneys Draw Senate's Attention"; and "Wal-Mart Gender Bias Suit Moves Forward."

RealPlayer is required to launch these audio segments.
Posted at 09:48 AM by Howard Bashman



"Dissenter derided at court-martial; At court-martial, he says Ehren Watada let down the soldiers who trained under him and expected his leadership in Iraq": This article appears today in The Los Angeles Times.

The Seattle Post-Intelligencer reports today that "Commander says he felt 'bit betrayed' by Watada."

And The Seattle Times contains an article headlined "Army: Watada betrayed trust." In addition, columnist Danny Westneat has an op-ed entitled "Watada took talk too far."
Posted at 08:33 AM by Howard Bashman



"Libby Speaks on Tape, but May Not in Court": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Court Hears Libby Describe Cheney as 'Upset' at Critic; Grand Jury Tapes Bolster Case Against Former Aide."

The Los Angeles Times reports that "Libby testimony details plot to discredit critic; On tape, he says Bush and Cheney planned leaks to reporters."

And in The New York Sun, Josh Gerstein reports that "Libby Defense May Decline To Call Cheney to the Stand."
Posted at 08:30 AM by Howard Bashman



"Wal-Mart sex discrimination suit advances; Appeals court OKs class action status for 2 million women": Bob Egelko has this article today in The San Francisco Chronicle.

The New York Times reports today that "Court Approves Class-Action Suit Against Wal-Mart."

The Washington Post reports that "Wal-Mart Loses Bid to Block Group Bias Suit; Appeals Court Allows 2 Million Women to Seek Compensation Over Discrimination in Pay, Promotions."

The Los Angeles Times reports that "Wal-Mart loses job-bias appeal; The retailer must face a class-action suit on behalf of 1.5 million women, a panel rules."

And The New York Sun reports that "Wal-Mart Edges Toward Settlement Of Biggest Sex-Discrimination Case."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:23 AM by Howard Bashman



"Justice official defends prosecutors' firings; Deputy Atty. Gen. McNulty tells a Senate panel that they were forced out over performance, not politics; Democrats are skeptical": This article appears today in The Los Angeles Times.

USA Today reports today that "Prosecutor fired so ex-Rove aide could get his job; Justice official says others were let go over performance."

And The New York Times contains an editorial entitled "Playing Politics With Justice."
Posted at 08:15 AM by Howard Bashman



"Students Help Prep For Supreme Court; New Law School clinic unites students with practicing lawyers in pro bono cases": The Harvard Crimson contains this article today.

And The Yale Daily News reports today that "Law School to aid in Supreme Court case."
Posted at 07:52 AM by Howard Bashman



"U.S. Declines to Join Accord on Secret Detentions; 58 Nations Sign Separate Pact On Child Soldiers": This article appears today in The Washington Post.
Posted at 07:44 AM by Howard Bashman


"Justice Girls: The female justices begin to reflect on feminism." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:40 AM by Howard Bashman


"Fight Over Pay Causes Some Judges to Sit Out Cases Involving Legislator-Lawyers": The New York Times today contains an article that begins, "Now that some New York State judges have sued the Legislature for pay raises, a handful of them are refusing to hear cases in which clients are represented by lawyers who are legislators or their law firms."
Posted at 07:35 AM by Howard Bashman


"Exxon says it didn't defraud state; Attorneys ask state high court to overturn $3.6 billion verdict": The Birmingham News contains this article today.

And The Mobile Press-Register today contains an editorial entitled "Court can prove state no longer is 'tort hell.'"
Posted at 07:30 AM by Howard Bashman



"Wider death penalty sought; At least 6 states buck U.S. trend": This front page article appears today in USA Today.
Posted at 06:44 AM by Howard Bashman


"Paper Refuses Judge's Request That Its Reporter Appear": Today in The New York Sun, Joseph Goldstein has an article that begins, "The New York Times is declining a federal judge's request that one of its reporters appear in court today to explain how he got front-page scoops about the internal communications of a pharmaceutical company."
Posted at 06:42 AM by Howard Bashman


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