How Appealing

Wednesday, February 17, 2010

"1937, 2010": Online at The New Republic, Seventh Circuit Judge Richard A. Posner has this review of Jeff Shesol's new book, "Supreme Power: Franklin Roosevelt vs. the Supreme Court."
Posted at 10:50 PM by Howard Bashman


"Hear the Uighurs: The critical Guantanamo case the Supreme Court should not duck." Rebecca Crootof and law professor Oona A. Hathaway have this jurisprudence essay online at Slate.
Posted at 10:34 PM by Howard Bashman


"Activist's case will test U.S. anti-terrorism law; USC professor Ralph Fertig says he's protected under the 1st Amendment for advocating for the Kurdish minority in Turkey, whose political party has been designated a terrorist group by the U.S." David G. Savage will have this article Thursday in The Los Angeles Times.
Posted at 10:30 PM by Howard Bashman


"Judge Puts Liberal Imprint on New York's Top Court": This article will appear Thursday in The New York Times.
Posted at 10:27 PM by Howard Bashman


"Were this case simply about an innocent game of canasta, I would readily join the opinion of my majority colleagues outright." So begins the dissenting opinion that Tenth Circuit Judge Carlos F. Lucero issued today. The dissent continues, "However, the abrupt departure of the trial judge from the bench while defense counsel was discussing the testimony of defendant's star witness, when coupled with the court's earlier admonitions to the jury that the same witness's testimony was 'absolutely untrue' and a 'falsity,' can only be interpreted as a clear message to the jury that the witness was not credible or worthy of the court and jury's unbiased consideration."

According to the majority opinion, the trial judge left the bench during defense counsel's closing argument to the jury in this federal criminal case because it was "his secretary's afternoon to play canasta and he had to get a couple of letters out."
Posted at 09:18 PM by Howard Bashman



"Roberts versus Roberts: Just how radical is the chief justice?" Law professor Jeffrey Rosen has this article online at The New Republic.
Posted at 04:18 PM by Howard Bashman


Who says the U.S. Court of Appeals for the Federal Circuit doesn't hear interesting cases? Francisco Javier Rivera Agredano purchased a 1987 Nissan Pathfinder from the federal agency known as U.S. Customs and Border Protection. The agency had obtained the automobile via forfeiture after the Pathfinder's former owner attempted to transport marijuana across the Mexican border into the United States.

Unbeknownst to both Customs and Agredano, the Pathfinder contained additional marijuana in a hidden compartment that Customs failed to locate. Later, when Agredano and his brother-in-law were traveling in the vehicle in Mexico, they came upon a checkpoint operated by Mexican soldiers. The soldiers operating the checkpoint were a bit more thorough than U.S. Customs, and as a result both men were arrested and spent nearly a year in prison before being exonerated by a Mexican appellate court on January 10, 2003.

Today's appellate court ruling, by contrast, fails to deliver good news for Agredano, as the Federal Circuit has reversed a U.S. Court of Federal Claims decision in Agredano's favor. The trial court had ruled that Agredano's contract to purchase the vehicle contained an implied-in-fact warranty that the vehicle did not contain contraband and that Customs breached the warranty.

In coverage of the Court of Federal Claims' earlier ruling, the August 18, 2008 edition of The San Diego Union-Tribune reported that "Man who bought car full of pot wins case; U.S. purchase led to year in Mexican jail."
Posted at 03:57 PM by Howard Bashman



"Rigases fight second trial in US appeals court": The Associated Press has a report that begins, "Justice Department efforts to pursue a second fraud trial for an imprisoned cable television mogul and his son amount to constitutionally prohibited double jeopardy, a defense lawyer argued Wednesday before an 11-judge U.S. appeals panel."

The case was reargued en banc today in the U.S. Court of Appeals for the Third Circuit.
Posted at 03:30 PM by Howard Bashman



"Judge's confirmation one of many stalled; Filibusters slow U.S. Senate in approving jurists, including Vanaskie of Clarks Green": Today's edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, "In December, the Senate Judiciary Committee voted 16-3 in support of the nomination of U.S. District Judge Thomas I. Vanaskie to the 3rd U.S. Circuit Court of Appeals. The Clarks Green resident's nomination was sent to the full Senate awaiting a confirmation vote. More than two months later, no action has been taken."
Posted at 09:52 AM by Howard Bashman


"Lifers' fates rest with N.C. Supreme Court": The News & Observer of Raleigh, North Carolina today contains an article that begins, "The fate of dozens of inmates sentenced to life in the 1970s is now in the hands of seven Supreme Court justices who grilled an attorney for the state Tuesday about how prison officials have handled credits for good behavior."
Posted at 08:30 AM by Howard Bashman


"Starr receives warm welcome at introduction to Baylor University community": This article appears today in The Waco Tribune-Herald, along with an article headlined "That's Kent with a 'T': Local dentist says there's room for plenty of Starrs in Waco."

The Fort Worth Star-Telegram reports today that "Some worry how Starr appointment will affect Baylor."

And The Lariat, the student newspaper of Baylor University, contains articles headlined "Welcoming Kenneth Starr" and "Students protest 'controversial' president."
Posted at 08:27 AM by Howard Bashman



"'Life' definition petitioned; Ballot push seeks to challenge Roe v. Wade": The Clarion-Ledger of Jackson, Mississippi contains this article today.

And in related news, The Associated Press reports that "Nevada 'personhood' advocates appeal court ruling."
Posted at 08:22 AM by Howard Bashman



"Justice backs selection bill; He says it would 'probably' be beneficial to give the governor authority to pick chief justice": This article appears today in The Salt Lake Tribune.
Posted at 08:20 AM by Howard Bashman


"Speeding case in Supreme Court; Fairlawn man challenging whether police officer can issue ticket based on sight, not radar gun": Today's edition of The Akron Beacon Journal contains an article that begins, "Many people vow they're going to fight their speeding ticket all the way to the Supreme Court. Today, Fairlawn entrepreneur and motorist Mark Jenney will have his day in court."

The web site of the Supreme Court of Ohio has a preview of the case headlined "Is Trained Officer's Visual Estimate of Vehicle Speed Sufficient to Support Conviction for Speeding?"
Posted at 08:17 AM by Howard Bashman



"U.S. Supreme Court: Will Lilly Ledbetter be black firefighters' heroine?" UPI has this report.
Posted at 08:14 AM by Howard Bashman


"Poll: Large majority opposes Supreme Court's decision on campaign financing." The Washington Post has a news update that begins, "Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll."

And Gary Langer of ABC News has a blog post titled "In Supreme Court Ruling on Campaign Finance, the Public Dissents."

You can access the poll questions and results at this link.
Posted at 08:04 AM by Howard Bashman



"Senate Republicans Wage Stealth War Over Judges": David Ingram of The National Law Journal has this report.
Posted at 07:50 AM by Howard Bashman


eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek