How Appealing

Friday, April 11, 2008

Federal Circuit decides appeal in a lawsuit involving alleged patent infringement of anti-virus software: You can access today's ruling at this link.
Posted at 04:55 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "US Court Denies Dish Patent Appeal" and "New 'Friendly Fire' Theory in Gitmo Case."
Posted at 04:54 PM by Howard Bashman


Unanimous three-judge Fifth Circuit panel returns Carl Wayne Buntion to Texas's death row, finding that the trial judge's behavior -- which led to the imposition of discipline -- did not rise to the level of bias deserving of remedy under the AEDPA: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

On May 2, 2006, Harvey Rice of The Houston Chronicle had an article headlined "Judge overturns conviction of man who killed officer; He says there was a 'vocal bias' against defendant" reporting on the federal district court's ruling. That same day, Tom Kirkendall, at his "Houston's Clear Thinkers" blog, had a post titled "The ugly case of Carl Wayne Buntion." Tom's post provides access to the federal district court's ruling. And the ABC News affiliate KTRK in Houston reported in late April 2006 that "Admitted cop killer on death row could get new trial or go free."
Posted at 04:25 PM by Howard Bashman



"Scalia: Church, state not always separate." This article appears today in The Daily Progress of Charlottesville, Virginia.

The Hook reports that "Scalia talks church and state at UVA."

And The Associated Press reports that "Justice Scalia says rule-making judges should yield to Constitution."

Justice Antonin Scalia was at the University of Virginia yesterday to receive the 2008 Thomas Jefferson Foundation Medal in Law.
Posted at 09:22 AM by Howard Bashman



"Third detainee snubs trial, fires lawyer; A third terrorism defendant fired his lawyer and refused to offer a defense against al Qaeda conspiracy charges": Carol Rosenberg has this article today in The Miami Herald.

Today in The Los Angeles Times, Carol J. Williams reports that "3rd Guantanamo detainee to boycott trial; The prisoner says that his only crime is being Sudanese and that the 9/11 attacks exposed U.S. 'hypocrisy.'"

And The New York Times reports that "U.S. Detainee Says He’ll Boycott His Trial."
Posted at 09:14 AM by Howard Bashman



"Pentagon delays report on FBI role in detainee abuse": Marisa Taylor of McClatchy Newspapers provides this report.
Posted at 09:10 AM by Howard Bashman


"What's a Secret? The attorney general balks at a reasonable check on a power of the executive branch." This editorial appears today in The Washington Post.
Posted at 09:07 AM by Howard Bashman


"Mukasey Distances Himself From a Memo on Searches": The New York Times contains this article today.

The Washington Post reports today that "Constitutional Exception Not Valid, Mukasey Says."

And Bob Egelko of The San Francisco Chronicle reports that "Mukasey asked to explain terror call remarks."
Posted at 09:00 AM by Howard Bashman



"Judge sues for pay raises; State's top jurist says lack of salary hikes violates constitution": This article appears today in The Times Union of Albany, New York.

The New York Times reports today that "New York's Top Judge Sues Over Judicial Pay."

And in The New York Sun, Joseph Goldstein reports that "Judges Go To Court for Higher Pay; It's a Conflict of Dignity, a Lawyer Says." The newspaper also contains an editorial entitled "Judge Sues for a Raise."
Posted at 08:45 AM by Howard Bashman



"Justices back hockey team on injury suit": The Newark (N.J.) Star-Ledger today contains an article that begins, "Ruling against a Mercer County woman who was struck in the forehead by a ricocheting puck while in the stands during a warm-up before a Trenton Titans' hockey game in 2003, the state Supreme Court said yesterday a spectator assumes some risk attending a sports event."

My earlier coverage of yesterday's New Jersey Supreme Court ruling appears at this link.
Posted at 08:28 AM by Howard Bashman



"Prison Trauma: The epitome of cruel and unusual punishment." Emily Bazelon has this jurisprudence essay online at Slate.

My earlier coverage appears at this link.
Posted at 08:20 AM by Howard Bashman



"Are Courts the Right Place to Address Large-Scale Corporate Wrongdoing? The 'Light' Cigarette Case as an Example of the Limits of Law." Edward Lazarus has this essay online today at FindLaw.
Posted at 08:15 AM by Howard Bashman


"Federal Circuit's Chief Judge Criticizes Stumbling Patent Reform Effort": Lawrence Hurley has this front page article today in The Daily Journal of California.
Posted at 08:05 AM by Howard Bashman


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