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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. 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." 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." "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." "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?" "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. "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). "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." "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."  
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