How Appealing

Tuesday, February 20, 2007

"Court Endorses Law's Curbs on Detainees": The New York Times on Wednesday will contain an article that begins, "A divided federal appeals court on Tuesday upheld a new law stripping federal judges of authority to review foreign prisoners' challenges to their detention at Guantanamo Bay, Cuba."

The Washington Post on Wednesday will contain a front page article headlined "Guantanamo Detainees Lose Appeal; Habeas Corpus Case May Go to High Court."

Carol Rosenberg of The Miami Herald provides a news update headlined "Guantanamo captives can't sue in U.S. courts."

Wednesday's edition of The Guardian (UK) reports that "Guantanamo inmates refused day in court; Federal court denial 'not unconstitutional'; Dissenting judge says law contradicts habeas corpus."

And Financial Times provides a report headlined "Court blow for Guantanamo prisoners."
Posted at 11:05 PM by Howard Bashman



"Justices Overturn $79.5 Million Tobacco Ruling": Linda Greenhouse will have this article Wednesday in The New York Times.

Wednesday in The Washington Post, Robert Barnes will have a front page article headlined "Justices Overturn Tobacco Award; $80 Million Penalty Is Called Excessive."

And Patti Waldmeir and Chris Bowe of Financial Times provide a news update headlined "US ruling puts new limits on punitive damages."
Posted at 10:23 PM by Howard Bashman



"Michael Moore Wins a New Court Round": The Associated Press provides a report that begins, "Michael Moore won a round Tuesday in a court battle with the brother of Oklahoma City bombing conspirator Terry Nichols, but the plaintiff's lawyer said she is considering whether to take the case to the Supreme Court."

My earlier coverage of today's Sixth Circuit ruling can be accessed here.
Posted at 10:15 PM by Howard Bashman



"High Court Rejects $79.5 Million Tobacco Ruling": Linda Greenhouse of The New York Times provides this news update.

And Joan Biskupic of USA Today provides a news update headlined "Supreme Court tosses $79.5 million verdict against cigarette company."
Posted at 07:54 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Court Upholds Military Court for Detainees" and "Final Arguments Made in Libby Perjury Case" (featuring Nina Totenberg). RealPlayer is required to launch these audio segments.
Posted at 07:15 PM by Howard Bashman


"Supreme Court voids $79.5 million award in a tobacco suit": Stephen Henderson of McClatchy Newspapers provides this report.
Posted at 07:12 PM by Howard Bashman


"Human Like Me?: The New Jersey Supreme Court case that could define the fetus." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 07:10 PM by Howard Bashman


"Court Backs White House on Detainees": The New York Times provides this news update.
Posted at 06:05 PM by Howard Bashman


"Court Preparations Slow Detainee Trials": The Associated Press provides this report.
Posted at 05:55 PM by Howard Bashman


In Wednesday's issue of The Christian Science Monitor: Warren Richey will have an article headlined "Supreme Court puts new rules on damage awards; In a smoking suit, a jury wrongly punished Big Tobacco for injuries to nonlitigants, the justices ruled."

And Warren Richey and Linda Feldmann will have an article headlined "No federal court for Guantanamo detainees; In a major victory for Bush, an appeals court upheld a 2006 law restricting detainees' access to US courts."
Posted at 05:15 PM by Howard Bashman



Access online the transcript of today's U.S. Supreme Court oral argument in Claiborne v. United States, No. 06-5618: You can access the transcript in the second of two important U.S. Sentencing Guidelines cases argued today at this link.
Posted at 05:08 PM by Howard Bashman


"Appellate panel urged to give Ryan a new trial": The Chicago Tribune provides a news update that begins, "Following an hour of oral arguments this morning, a three-judge federal appeals panel took under advisement a defense motion for a new trial for former Gov. George Ryan and his convicted co-defendant, Larry Warner."

And The Associated Press reports that "Ryan lawyers say jury turmoil made fair verdict impossible."

The appeal was argued today before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit consisting of Circuit Judges Daniel A. Manion, Michael S. Kanne, and Diane P. Wood.
Posted at 05:05 PM by Howard Bashman



"Appeals Court Denies Detainee Challenges": law.com's T.R. Goldman provides this news update.
Posted at 04:30 PM by Howard Bashman


Recent posts of note at the "LawBeat" blog: Finally a blog that seeks to critique legal journalism. A post bearing yesterday's date is titled "Late (but not last) word on 'Supreme Conflict.'"

And a post dated today begins, "Robert Barnes does something remarkable for a beat reporter: He steps outside the bubble in his story today."
Posted at 04:24 PM by Howard Bashman



"High Court Rejects Award in Philip Morris Case": law.com's Tony Mauro provides this news update.
Posted at 04:10 PM by Howard Bashman


"Supreme Court Reverses Tobacco Liability Award": This audio segment (RealPlayer required) featuring Law Professor Rick Hasen (who knows a thing or two about remedies in addition to election law) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:27 PM by Howard Bashman


"Leak Lawyers Close on Credibility Issue": The Associated Press provides this report.

And The Washington Post provides a news update headlined "Libby's Claims 'Not Credible,' Prosecutors Say."
Posted at 03:22 PM by Howard Bashman



"Guantanamo Detainees Can't Challenge Their Cases in U.S. Courts, Appellate Panel Rules": The Washington Post provides this news update.

The Los Angeles Times provides a news update headlined "Guantanamo challenges rejected."

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Court: Detainees Can't Challenge Detentions" (RealPlayer required).

And at "Balkinization," Marty Lederman has a post titled "Initial Thoughts on Boumediene."
Posted at 03:20 PM by Howard Bashman



"Justices overturn award against tobacco company": David G. Savage of The Los Angeles Times provides this news update.

And Robert Barnes and Howard Schneider of The Washington Post provide a news update headlined "Supreme Court Nixes Award Against Philip Morris."
Posted at 03:14 PM by Howard Bashman



Access online the transcript of today's U.S. Supreme Court oral argument in Rita v. United States, No. 06-5754: You can access the transcript in this important U.S. Sentencing Guidelines case at this link.
Posted at 03:00 PM by Howard Bashman


"Judicial Retirement Strategy": Columnist Kenneth Jost has this essay in the current issue of CQ Weekly.
Posted at 02:50 PM by Howard Bashman


"Supreme Court Denies Cert. in Coltec & Dow Chemical Tax Shelter Cases": "TaxProf Blog" provides this report.
Posted at 02:45 PM by Howard Bashman


"High Court Limits Antitrust Suits in Weyerhaeuser Win": Greg Stohr of Bloomberg News provides this report.

The Associated Press reports that "Court Tosses Award Against Weyerhaeuser."

And Reuters provides reports headlined "Court won't hear challenge to state cigarette fee" and "U.S. Supreme Court likely to hear muni tax case: panel."
Posted at 02:30 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Seventh Circuit: The "gifties" versus "tards" T-shirt dispute today produces an opinion written by Circuit Judge Richard A. Posner on behalf of a unanimous three-judge panel. Here's a passage from the ruling (citations omitted):
Of course there can be speech printed on clothing, political symbols such as a swastika or a campaign button affixed to clothing, and masks and costumes that convey a political or other message. Merely wearing clothes inappropriate to a particular occasion could be a political statement. For that matter, parading in public wearing no clothing at all can, depending on the circumstances, convey a political message. But the picture and the few words imprinted on the Brandt T-shirt are no more expressive of an idea or opinion that the First Amendment might be thought to protect than a young child's talentless infantile drawing which Brandt's design successfully mimics. Otherwise every T-shirt that was not all white with no design or words, with not even the manufacturer's logo or the owner’s name tag, would be protected by the First Amendment, and schools could not impose dress codes or require uniforms without violating the free speech of the students, a proposition sensibly rejected in the Blau case.
Today's ruling affirms the entry of summary judgment against the "gifties." My earlier coverage of this case can be accessed here.

And in another decision of note issued today, Judge Posner has written an opinion on behalf of a unanimous three-judge panel affirming the entry of summary judgment against a woman who sued the owner of the hotel in Washington, DC where she was raped. At the time of the crime, the woman was a guest at the hotel, as was the perpetrator of the crime. The opinion contains a very interesting discussion of an inkeeper's duties to keep the guests safe from crime.
Posted at 01:15 PM by Howard Bashman



"Court Rules Against Death Row Inmate": The Associated Press provides a report that begins, "The Supreme Court ruled Tuesday that a Florida death row prisoner lost an opportunity to challenge his conviction in the federal court system because he missed a one-year filing deadline."
Posted at 11:55 AM by Howard Bashman


"Court tosses punitive damages against Big Tobacco": Bill Mears provides this report at CNN.com.

Greg Stohr of Bloomberg News reports that "Supreme Court Limits Punitive Awards, Backs Altria."

And Reuters reports that "Court sets aside award in Philip Morris case."
Posted at 11:35 AM by Howard Bashman



"Court to Review N.Y. Judgeship Process": The Associated Press provides a report that begins, "The Supreme Court on Tuesday agreed to review whether New York state's method of picking trial judges violates the Constitution by giving too much power to political bosses."
Posted at 11:22 AM by Howard Bashman


Access online today's U.S. Supreme Court ruling in Lawrence v. Florida, No. 05-8820: The Court has posted online today's other 5-4 ruling at this link.

Justice Clarence Thomas issued the opinion of the Court, in which the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Samuel A. Alito, Jr. joined. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Stephen G. Breyer joined.
Posted at 10:53 AM by Howard Bashman



Access online today's U.S. Supreme Court Order List: If you make it past more than 35 pages of GVR's based on Cunningham v. California, you'll see that the Court today granted review in two new cases and called for the views of the Solicitor General in one case. The Order List can be accessed here.
Posted at 10:50 AM by Howard Bashman


"Court: Detainees Can't Challenge Cases." The Associated Press provides this report. My earlier coverage appears at this link.
Posted at 10:44 AM by Howard Bashman


Access online today's U.S. Supreme Court ruling in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381: The Court has posted the decision online at this link.
Posted at 10:40 AM by Howard Bashman


Access online today's ruling of the Supreme Court of the United States in Philip Morris USA v. Williams, No. 05-1256: The Court has posted the decision online at this link.

Joining in Justice Stephen G. Breyer's majority opinion were the Chief Justice and Justices Anthony M. Kennedy, David H. Souter, and Samuel A. Alito, Jr. Dissenting were Justices John Paul Stevens, Antonin Scalia, Clarence Thomas, and Ruth Bader Ginsburg.
Posted at 10:35 AM by Howard Bashman



"Court Nixes Award Against Philip Morris": The Associated Press provides this report.

According to The AP's report, "The 5-4 ruling was a victory for Altria Group Inc.'s Philip Morris USA, which contested an Oregon Supreme Court decision upholding the verdict. In the majority opinion written by Justice Stephen Breyer, the court said the verdict could not stand because the jury in the case was not instructed that it could punish Philip Morris only for the harm done to the plaintiff, not to other smokers whose cases were not before it."
Posted at 10:25 AM by Howard Bashman



"Do federal courts have jurisdiction over petitions for writs of habeas corpus filed by aliens captured abroad and detained as enemy combatants at the Guantanamo Bay Naval Base in Cuba?" So begins today's ruling by a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

The majority, in an opinion written by Circuit Judge A. Raymond Randolph and joined in by Circuit Judge David B. Sentelle, holds that jurisdiction is lacking. Circuit Judge Judith W. Rogers has issued a lengthy dissenting opinion.
Posted at 10:15 AM by Howard Bashman



"Court limits punitive damages": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:14 AM by Howard Bashman


"The Supreme Court has thrown out a $79.5 million punitive damages verdict against cigarette maker Philip Morris." The Associated Press provides this news alert.
Posted at 10:12 AM by Howard Bashman


Today's rulings of note from the U.S. Court of Appeals for the Sixth Circuit: In an opinion issued today, a unanimous three-judge panel has affirmed the entry of summary judgment against James Nichols, the brother of convicted Oklahoma City bomber Terry Nichols and acquaintance of convicted Oklahoma City bomber Timothy McVeigh, in his lawsuit against filmmaker Michael Moore asserting defamation claims arising from the movie "Bowling for Columbine."

And in a separate ruling issued today, the operators of box trucks displaying on their exteriors "large, colorful pictures depicting graphic images of first-term aborted fetuses" have achieved the reinstatement of certain of their claims alleging a violation of their federal constitutional rights during a confrontation with police in an Ohio town.
Posted at 10:04 AM by Howard Bashman



"The Chief Justice's Quest for Less Fractured Supreme Court Rulings": Because of yesterday's holiday, this week's installment of my "On Appeal" column for law.com bears today's date.
Posted at 08:44 AM by Howard Bashman


"Big tobacco asks Supreme Court to clarify ad restrictions, make it more like beer": Canadian Press provides this report.
Posted at 08:37 AM by Howard Bashman


"Judges to hear Ryan appeal": The Chicago Tribune provides a news update that begins, "Attorneys for former Gov. George Ryan will have a half hour before a federal appeals court today to try to persuade a three-judge panel to overturn the racketeering and fraud conviction of their client."

And The Chicago Sun-Times today contains an article headlined "Second chance for Ryan; Juror replacement rulings likely focus of appeals court today."

Once the U.S. Court of Appeals for the Seventh Circuit posts online the oral argument audio, I will link to it.
Posted at 08:30 AM by Howard Bashman



"Critics fear SEC chief is seeking to limit investors' ability to sue; Cox says he wants to prevent 'abusive litigation'; But recent events raise questions about his intentions": This article appears today in The Los Angeles Times.
Posted at 08:20 AM by Howard Bashman


"Libby Trial Dodges The Truth": Josh Gerstein has this article today in The New York Sun.

Reuters reports that "Libby has one final chance to beat perjury charge."

And The New York Times reports today that "Trial Spotlights Cheney's Power as an Infighter."
Posted at 08:14 AM by Howard Bashman



The Atlanta Journal-Constitution is reporting: Today's newspaper contains an article headlined "Lawmakers argue over penalty for teen sex crime; Senate leader opposes bill to give judges a year to review cases like one in Douglas" that begins, "A war of words has erupted over the highly publicized case of a Douglas County teenager sentenced to 10 years in prison for having consensual sex with a minor."

And in other news, "Fee fight could halt death penalty cases."
Posted at 08:11 AM by Howard Bashman



"Deliverance by DNA": This article, part three in a three-part series on the death penalty in the United States, appears today in The National Post of Canada. I earlier linked here to parts one and two.

And BBC News reports that "US wrestles with execution question; On a pitch black winter's night at the Lady of Mercy church in the small town of Potomac, Maryland, about 50 people have braved sub-freezing temperatures to hear a chilling tale of an early death."
Posted at 08:07 AM by Howard Bashman



"Florida Executioner Says Procedures Were Followed": The New York Times contains this article today.

The St. Petersburg Times today contains an article headlined "Claims of faulty injection disputed; Expert: Needles tore inmate's veins after execution, not during."

And The Gainesville Sun contains an article headlined "Doctor: Execution not medical work."
Posted at 08:04 AM by Howard Bashman



"Kearny student moves to sue district; He cites harassment after challenging teacher's preaching": This article appears today in The Newark (N.J.) Star-Ledger.

The New York Times reports today that "Student, 16, Finds Allies in His Fight Over Religion."

And The Herald News of Passaic reports that "Classroom pulpit sparks legal action."
Posted at 07:50 AM by Howard Bashman



"'A Skull Full of Mush'": Today in The New York Times, Ann Althouse has an op-ed (TimesSelect temporary pass-through link) that begins, "'The Paper Chase' is the book you're supposed to read before you go to law school. 'Paper Chase' or 'One L.'"
Posted at 07:40 AM by Howard Bashman


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