How Appealing

Friday, March 21, 2008

"Equal justice: A Supreme Court decision shows why all peremptory challenges to jurors should be abolished." This editorial appears today in The Los Angeles Times.

Writing at Slate's "Convictions" blog, U.S. District Judge Nancy Gertner (D. Mass.) disagrees.
Posted at 11:20 PM by Howard Bashman



"N.Y. Governor Says Grim Economy Makes Judicial Pay Raise 'Very Difficult'": law.com provides this report.
Posted at 11:14 PM by Howard Bashman


"Court Disbars Cheney Ex-Aide; Libby Loses Right To Practice Law": This article appears today in The Washington Post.

My earlier coverage of yesterday's order appears at this link.
Posted at 11:07 PM by Howard Bashman



"Colorado Court Rules 'No Smoking' Means Exactly That, Even on Stage": The New York Times contains this article today.

You can access yesterday's ruling of the Colorado Court of Appeals at this link.
Posted at 10:58 PM by Howard Bashman



"Trigger happy on gun rights: The high court must balance its leaning toward a gun ownership right with society's interest in safety." This editorial appears today in The Christian Science Monitor.

And Saturday's edition of The Wall Street Journal will contain an editorial entitled "Guns and Legal Ammo."
Posted at 10:02 PM by Howard Bashman



"Barry Bonds' Case Delayed 3 Months": The Associated Press provides a report that begins, "The perjury case against Barry Bonds was put on hold for three months Friday, with prosecutors telling a federal judge they plan to obtain a new indictment against baseball's home run king."
Posted at 03:57 PM by Howard Bashman


First Circuit affirms dismissal of defamation claim against documentary filmmaker Michael Moore arising from former Army Reserve Sergeant's non-consensual appearance in the film "Fahrenheit 9/11": You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 03:44 PM by Howard Bashman


"Federal Courts Urged to Protect Cooperating Defendants": The Administrative Office of the U.S. Courts has today posted online a news release that begins, "A committee of the policy-making Judicial Conference of the United States is asking district courts to consider adopting a local policy that protects information about cooperation in law enforcement investigations. But the committee is also urging those courts to recognize the need to preserve legitimate public access to court files."
Posted at 03:25 PM by Howard Bashman


"There Will Be Guns: What happens if the Supreme Court recognizes individual gun rights? Not much." Benjamin Wittes has this essay online today at The New Republic.
Posted at 02:28 PM by Howard Bashman


Ninth Circuit affirms dismissal of Idaho county's racketeering lawsuit against agricultural companies accused of hiring illegal immigrants: According to today's ruling, in the lawsuit the county sought to recoup the money it claims to have expended on public health care and law enforcement services for undocumented immigrants.

In earlier news coverage, The Idaho Statesman in August 2007 reported on the Ninth Circuit's oral argument in an article headlined "Court hears appeal in Canyon RICO lawsuit." And The Associated Press reported on the initiation of the suit in July 2005 in an article headlined "County Files RICO Suit Over Hiring of Illegal Immigrants."
Posted at 02:17 PM by Howard Bashman



"Justice Thomas's Inconsistent Originalism": This book note appears in the March 2008 issue of the Harvard Law Review.
Posted at 01:22 PM by Howard Bashman


"Nacchio prosecutors want more time to decide next step": Denver Business Journal provides a report that begins, "Prosecutors seeking to reverse the successful appeal of ex-Qwest Communications International Inc. CEO Joseph Nacchio have asked the appeals court to give them until April 30 to ask for a rehearing."
Posted at 12:00 PM by Howard Bashman


"Appeals court tosses suit over Florida's Democratic primary": The Atlanta Journal-Constitution provides this news update.

And The Associated Press reports that "Court Dismisses Florida Primary Lawsuit."

My earlier coverage of today's Eleventh Circuit ruling appears at this link.
Posted at 11:34 AM by Howard Bashman



Second Circuit confirms existence of "ministerial exception" to federal anti-discrimination laws, holding that it would be unconstitutional to apply Title VII in African-American Catholic priest's lawsuit alleging racially discriminatory firing: You can access today's ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Law blogger Norm Pattis represented the priest on appeal.
Posted at 10:54 AM by Howard Bashman



"Judge's service means trial's end; State can't prosecute assault accusation": The Concord (N.H.) Monitor today contains an article that begins, "The state has lost its chance to prosecute a lawyer from Londonderry charged with assaulting a juvenile with a leather belt because before the trial ended, the judge left the bench for a tour of duty in Iraq. In a unanimous opinion issued yesterday, the state Supreme Court ruled that, narrow exceptions aside, Ernest Solomon had a constitutional right to have one judge hear his criminal case from start to finish."

And The Associated Press reports that "Judge Departs for Iraq, Charges Dropped."

You can access yesterday's ruling of the Supreme Court of New Hampshire at this link.
Posted at 10:47 AM by Howard Bashman



"Former Khalil principal can't force city to restore her job: appeals court." The New York Daily News today contains an article that begins, "The controversial former principal of a Brooklyn Arabic-language school cannot force the city to restore her to her position, a federal appeals court has ruled. Debbie Almontaser was pushed out of the school she founded, the Khalil Gibran International Academy, after defining the word 'intifada' as 'uprising' in a newspaper interview. The 2nd U.S. Circuit Court of Appeals yesterday upheld a lower court ruling that her comments were not protected by the First Amendment because she was speaking in her capacity as a school employee at the time. The court rejected her motion to stop the appointment of a new principal at the Boerum Hill school."

The New York Post reports today that "Arab principal loses appeal."

And The Associated Press reports that "Court Rejects Arabic School Principal's Claim."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 10:42 AM by Howard Bashman



"Savoring his contribution: Law student assists in overturning sentence." Today's edition of The Concord (N.H.) Monitor contains an article that begins, "A 26-year-old Franklin Pierce Law Center student helped rescue a Louisiana man from death row this week. He aided lawyers in the case to convince the U.S. Supreme Court that the trial of Allen Snyder, a black man accused of killing his wife's lover, was tainted because a state prosecutor kept blacks off the jury."
Posted at 10:35 AM by Howard Bashman


"U.S. Defends Tough Tactics on Spitzer": This article appears today in The New York Times.
Posted at 10:33 AM by Howard Bashman


Examining the limits on First Amendment protection of public challenge to police conduct: A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this interesting decision today.
Posted at 10:27 AM by Howard Bashman


Eleventh Circuit rejects Tampa political consultant's contention that his constitutional rights were violated when the Democratic National Committee stripped Florida of its delegates: You can access today's ruling in DiMaio v. Democratic National Committee at this link.

The appeal was argued on Monday, and The Atlanta Journal Constitution reported on the oral argument in its Tuesday edition in an article headlined "Florida voter lawsuit gets hearing in Atlanta; State leaders abandon plans to redo primary."

Today's decision affirms a federal district court's ruling that this lawsuit is nonjusticiable because the plaintiff lacks standing.
Posted at 09:55 AM by Howard Bashman




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

Decision of the Day

de novo

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

INTEL DUMP

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

LawBeat

Legalities

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

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