How Appealing

Monday, April 10, 2006


"Calif. Court Shreds Lawyer for 202-Page Brief": law.com provides this report.

And the blog "Criminal Appeal" provides a post titled "'This is an appeal run amok.'"

You can access last Friday's ruling of California's Court of Appeal for the Third Appellate District at this link. The court's opinion begins, "This is an appeal run amok. Not only does the appeal lack merit, the opening brief is a textbook example of what an appellate brief should not be."
Posted at 10:15 PM by Howard Bashman




In Tuesday's issue of The Washington Post: Tomorrow's newspaper will contain articles headlined "Skilling, Nervous and Emotional, Takes the Stand; Ex-CEO Tells How Excitement at Enron Turned to Exhaustion" and "At Moussaoui Trial, Recalling Lives Stolen by 9/11; Families Testify; Tapes Of Victims are Played."
Posted at 10:12 PM by Howard Bashman



"How to Remove a Federal Judge": This article (abstract with links for download) by Law Professors Saikrishna B. Prakash and Steven D. Smith, forthcoming in The Yale Law Journal, is available online at SSRN (via "Legal Theory Blog").
Posted at 08:40 PM by Howard Bashman



"Irk judge, get time-out chair; Booted off grand jury, man sits on bench 3 days every other week, 7 hours a day; legal experts say order may be out of line": The Detroit News today contains an article that begins, "On Thursday, William Schramm of West Bloomfield reported to the Detroit federal courthouse, sat all day on a hallway bench and stared at the wall. It's the same way the 31-year-old retirement planner has spent his Tuesdays, Wednesdays and Thursdays every other week since the end of January. Schramm is charged with no crime but is serving an unusual and indefinite sentence for allegedly lying to a federal judge."
Posted at 07:20 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Skilling Paints Picture of Innocence at Enron" and "Wiccan Soldier's Widow Petitions for Recognition" (RealPlayer required).
Posted at 07:14 PM by Howard Bashman



"Ginsburg speaks at UNL": This article appeared Saturday in The Lincoln (Neb.) Journal Star.
Posted at 05:55 PM by Howard Bashman



"Skilling: 'I am absolutely innocent.'" The Dallas Morning News provides this update.
Posted at 05:24 PM by Howard Bashman



"Because chancery courts possessed the power to order equitable disgorgement in the eighteenth century, we hold that contemporary federal courts are vested with the same authority by the Constitution and the Judiciary Act." This ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today examines the historical origins of the equitable remedy of disgorgement.
Posted at 04:54 PM by Howard Bashman



In news from Kentucky: The Associated Press reports that "Ten Commandments, other religious issues still generating debate."
Posted at 04:40 PM by Howard Bashman



"Attorney general says abortion fund records open to public": The Argus Leader of Sioux Falls, South Dakota provides a news update that begins, "The names of donors and amounts they gave to a new state account to pay legal costs of a potential lawsuit over abortion are public records, Attorney General Larry Longs says."
Posted at 04:35 PM by Howard Bashman



"Skilling tells his side of story; Former CEO takes the stand today": The Houston Chronicle provides this news update.
Posted at 04:28 PM by Howard Bashman



"The Nino Scalia Guide to Sicilian Hand Gestures": Law Professor Garrett Epps has this essay online today at The Nation.
Posted at 03:45 PM by Howard Bashman



"Attorney renews his fight against 'under God' in allegiance pledge; Another Supreme Court test seems likely": This article appeared one week ago today in The Kansas City Star.
Posted at 03:44 PM by Howard Bashman



"New justice welcomed to Supreme Court": The Toronto Globe and Mail provides this news update. Notwithstanding this comment from a self-described United States-based reader, it is doubtful that Canada's newest Jewish Justice dressed in this snazzy outfit (additional photos here) because a meeting with Santa was on the agenda.
Posted at 03:35 PM by Howard Bashman



"Enron Trial Update: Skilling to Take the Stand." This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:24 PM by Howard Bashman



"Meet the New Padilla: The next 9/11 case to watch." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 03:20 PM by Howard Bashman



"[W]e cannot be the country we should be if, because of the tragic events of September 11th, we knee-jerk remove decent men and women merely because they may have erred at one point in their lives." So writes Third Circuit Judge Maryanne Trump Barry in a concurring opinion issued today in a case in which a three-judge panel of the U.S. Court of Appeals for the Third Circuit rejected the challenge of a petitioner from Northern Ireland to a Board of Immigration Appeals decision finding him removable because he had engaged in terrorist activities in 1981. You can access today's complete ruling at this link.
Posted at 03:10 PM by Howard Bashman



"Skilling comes out swinging; Ex-Enron CEO vows to 'fight charges until the day I die,' but he's nervous because his 'life is on the line'": CNNMoney.com provides this report.
Posted at 02:37 PM by Howard Bashman



The Associated Press is reporting: In news from Houston, Texas, "Skilling Says He's 'Absolutely Innocent.'"

And from the Zacarias Moussaoui trial, "Judge Warns Against Prejudicial Testimony."
Posted at 02:35 PM by Howard Bashman




"Skilling Takes Stand in Enron Trial": The Associated Press provides this report.
Posted at 12:03 PM by Howard Bashman



"Vicious retribution aimed at judges": This editorial appears today in The Kansas City Star.
Posted at 12:02 PM by Howard Bashman



"Rothstein welcomed as he takes seat on Supreme Court of Canada bench": Canadian Press provides this report.
Posted at 12:00 PM by Howard Bashman



Access online the Seventh Circuit's Boy Scout Jamboree oral argument from last week: You can access the audio files here via the court's web site. And the Boy Scouts of America's Legal Issues web site provides lots of additional coverage. My earlier coverage of the oral argument can be accessed here and here.
Posted at 11:50 AM by Howard Bashman



"Breaking ground with the justice; Souter, surprise guest at middle school event, pokes fun at hotel plan": Yesterday's edition of The Concord (N.H.) Monitor contained this article, along with a related item headlined "Souter story continued."
Posted at 10:33 AM by Howard Bashman



"Cigarette fee to have its day in court; If justices agree it's illegal, state may face budget fiasco": This article appears today in The St. Paul Pioneer Press.
Posted at 10:14 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Skilling to Testify at Enron Trial" and "Netflix Challenges Blockbuster over Online Rentals" (RealPlayer required).
Posted at 10:00 AM by Howard Bashman



"HLS Holds Conference on Gay Activism": The Harvard Crimson today contains an article that begins, "Students from Lambda, Harvard Law School's gay rights organization, convened Saturday at the first annual Gay and Lesbian Legal Advocacy conference to map out the course of gay rights activism following the recent Supreme Court ruling upholding the Solomon Amendment."
Posted at 09:55 AM by Howard Bashman



In today's mail: The trade paperback version of Linda Greenhouse's book, "Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey."
Posted at 09:45 AM by Howard Bashman



"Blawg Review #52": Available here at "f/k/a...."
Posted at 09:38 AM by Howard Bashman



"Skilling Testimony Expected to Be Crucial": The Associated Press provides this report.
Posted at 09:35 AM by Howard Bashman



"Giving It to the Federal Circuit: Why Stop at Immigration Appeals?" Today's brand new installment of my weekly "On Appeal" column for law.com can be accessed here.
Posted at 07:22 AM by Howard Bashman



"Bill not likely to pass now": The Topeka Capital-Journal today contains an article that begins, "The last viable abortion bill on the table for the 2006 Legislature is on shaky ground."
Posted at 07:20 AM by Howard Bashman



"Skilling to tell his side of story; Former CEO is expected to take the stand today": The Houston Chronicle contains this article today.
Posted at 07:12 AM by Howard Bashman



"Christians Sue for Right Not to Tolerate Policies; Many codes intended to protect gays from harassment are illegal, conservatives argue": This article appears today in The Los Angeles Times.
Posted at 07:05 AM by Howard Bashman



"Why Scalia Is Right": Law Professor Stanley Fish has this post (TimesSelect subscription required) at his new blog "Think Again."
Posted at 06:50 AM by Howard Bashman



"Will the State of Massachusetts Ever Permit Same-Sex Out-of-Staters to Marry? A New Decision From the State's Highest Court Leaves Open The Possibility." Joanna Grossman has this essay online today at FindLaw.
Posted at 06:40 AM by Howard Bashman



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