How Appealing

Thursday, April 17, 2008

Available online from National Public Radio: Today's broadcast of "Morning Edition" contained an audio segment entitled "Executions Poised to Resume After Court Ruling" featuring Nina Totenberg.

And today's broadcast of "All Things Considered" contained an audio segment entitled "Former CIA Official Under Investigation over Tapes."

RealPlayer is required to launch these audio segments.
Posted at 10:30 PM by Howard Bashman

"Verdict on Tennessee Plan may require a jury: For now, appellate judges are appointed; Perhaps it's time that judicial selection involved not just lawyers, but all of us." Law Professor Brian T. Fitzpatrick had this op-ed yesterday in The Memphis Commercial Appeal.
Posted at 10:23 PM by Howard Bashman

"The Justices Deliver Fuzzy Ruling: Supreme Court's 9 Judges Offer 7 (Weak) Opinions On Lethal Injection Case." CBS News legal analyst Andrew Cohen has this essay.
Posted at 10:20 PM by Howard Bashman

Two reviews of two recent books written by Seventh Circuit Judge Richard A. Posner: Today at National Review Online, Edward Whelan has an essay entitled "How Judge Posner Thinks Judges Should Think: An unpersuasive case for pragmatism." Ed's essay reviews Judge Posner's newest book, "How Judges Think." You can access a lengthy excerpt from the book by clicking here.

And in the April 2008 issue of the Michigan Law Review, Ninth Circuit Judge Stephen Reinhardt has this review of Judge Posner's book, "Not a Suicide Pact: The Constitution in a Time of National Emergency."
Posted at 04:33 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "CIA: Destroyed videos likely not covered by court order" and "Wis. Supreme Court lets 'shaken baby' ruling stand."
Posted at 03:47 PM by Howard Bashman

"Case and law hinge on taped words; SJC ruling could shift wiretap limits": This article appears today in The Boston Globe.
Posted at 11:34 AM by Howard Bashman

"Wecht judge says he won't step aside; Criticizes defense attorneys and refuses to delay retrial": The Pittsburgh Post-Gazette today contains an article that begins, "The federal judge presiding in the case against Dr. Cyril H. Wecht yesterday refused to delay a retrial and said he would not recuse himself. In his order, U.S. District Judge Arthur J. Schwab also defended his conduct during the first trial while lambasting defense attorneys for theirs since the jury deadlocked last week and a mistrial was declared."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Western District of Pennsylvania.

And today in The Pittsburgh Tribune-Review, Jason Cato reports that "Coalition urges end to Wecht case." You can view the group's letter at this link.
Posted at 09:15 AM by Howard Bashman

"White House backs appeal on S.F. health care": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The Bush administration is backing restaurant owners in their challenge to San Francisco's groundbreaking health coverage program before a federal appeals court that will hear the case today."
Posted at 09:08 AM by Howard Bashman

"Supreme Court debates execution in child rape case": This article appears today in The Times-Picayune of New Orleans.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court ponders death for rapists of children."

And at FindLaw, Marci Hamilton has an essay entitled "The Supreme Court Considers Whether Imposing the Death Penalty for Child Rape Is Constitutional: The Arguments For and Against the Penalty."
Posted at 08:34 AM by Howard Bashman

"Definition of rape widened; Consent can be revoked in mid-act, judges rule": The Baltimore Sun today contains an article that begins, "The state's highest court ruled yesterday that a man can be charged with rape if he ignores a woman's calls to stop - even if she had previously consented to sex. With this expansion of the legal definition of rape, Maryland joins seven other states whose courts have determined that a woman can revoke her consent after intercourse begins."

And The Washington Post reports today that "In Reversal of '06 Decision, Rape Can Be Charged if Consent Is Withdrawn."

My earlier coverage of yesterday's ruling of the Court of Appeals of Maryland appears at this link.
Posted at 08:30 AM by Howard Bashman

"U.S. to Expand Collection Of Crime Suspects' DNA; Policy Adds People Arrested but Not Convicted": This front page article appears today in The Washington Post.
Posted at 08:27 AM by Howard Bashman

"ACLU gets damages over portrait; Group also awarded fees in Slidell case": The Times-Picayune of New Orleans today contains an article that begins, "A federal judge on Wednesday agreed with the American Civil Liberties Union of Louisiana that a decision by Slidell officials to hang a portrait of Jesus on the wall at Slidell City Court was unlawful. It awarded the organization nominal damages as well as attorneys fees for its role in a lawsuit filed last summer. The ruling by U.S. District Court Judge Ivan L.R. Lemelle provides the ACLU with $1 in damages and paves the way for the ACLU to collect the fees it incurred when it sued the court, Judge Jim Lamz, the city of Slidell and St. Tammany Parish."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Eastern District of Louisiana.
Posted at 08:15 AM by Howard Bashman

"Justices Uphold Lethal Injection in Kentucky Case": Linda Greenhouse has this article today in The New York Times. Adam Liptak reports that "Challenges Remain for Lethal Injection." The newspaper also contains an editorial entitled "The Supreme Court Fine-Tunes Pain."

Today in The Washington Post, Robert Barnes has articles headlined"Justices Uphold Lethal Injection Procedure; Split Reasoning Opens Door to New Challenges" and "In Reversal, Stevens Says He Opposes Death Penalty."

In The Los Angeles Times, David G. Savage reports that "Supreme Court finds lethal injections a humane means of execution; The 7-2 ruling shows strong support for the death penalty among justices and sets a high bar for future challenges." And Maura Dolan reports that "Executions still on hold in California; The U.S. Supreme Court ruling aside, the state faces a number of legal hurdles before it can resume capital punishment."

In USA Today, Joan Biskupic reports that "Justices split hairs over death penalty case; Ky. ruling leaves room for future tests of issue." The newspaper also contains articles headlined "High court clears way to restart lethal injections" and "States move on executions; Ala., Va. could resume penalty in about a month."

Warren Richey of The Christian Science Monitor reports that "Court upholds lethal injection; The 7-to-2 ruling is expected to end a de facto moratorium on executions nationwide."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Upholds Lethal Injections."

Bob Egelko of The San Francisco Chronicle reports that "Lethal injections ruled not cruel punishment."'s Tony Mauro reports that "Supreme Court Upholds Kentucky's Lethal Injections; Stevens becomes first member of high court to openly oppose capital punishment since Blackmun's 1994 retirement."

The Washington Times reports that "Court upholds lethal injection."

The Louisville Courier-Journal contains an article headlined "States can resume executions after ruling; Court: Punishment isn't cruel, unusual."

The Lexington Herald-Leader reports that "Lethal injection method upheld; Kentucky inmates' appeal rejected."

The Richmond Times-Dispatch reports that "Executions likely to resume soon; Governor lifts moratorium after court rejects challenge to lethal-injection method."

The Baltimore Sun reports that "Justices uphold lethal method; Republican leaders urge O'Malley to act on Md. executions."

Howard Mintz of The San Jose Mercury News reports that "Justices' decision won't end debate over lethal injection in California; Supreme Court upholds method used in state."

The Sacramento Bee reports that "Supreme Court backs death penalty, but outcome for California is unclear."

The Press-Enterprise of Riverside, California reports that "High court permits lethal injection; Supreme Court decision ends a moratorium in many states -- but not this one."

The Houston Chronicle reports that "Harris County gets ready to execute 6 killers."

The Austin American-Statesman reports that "Texas' death chamber expected to reopen quickly; High court ruling in Kentucky case upholds use of lethal injections."

The Dallas Morning News reports that "Supreme Court clears way for lethal injections to resume."

The Fort Worth Star-Telegram reports that "High court ruling sets stage for executions to resume in Texas."

The Miami Herald reports that "Death Row executions to proceed; Florida officials rushed to ramp up executions in the wake of the U.S. Supreme Court ruling in a Kentucky case that upheld lethal injections."

The St. Petersburg Times reports that "U.S. Supreme Court upholds lethal injection."

The Birmingham News reports that "Alabama Attorney General Troy King says he'll move quickly to resume executions."

The Mobile Press-Register reports that "Death penalty method upheld; Alabama, other states could soon resume lethal injections after ruling by U.S. Supreme Court."

The Arizona Republic reports that "High court clears way to resume executions."

The Pittsburgh Tribune-Review reports that "Death penalty method upheld."

And James Oliphant of The Chicago Tribune reports that "Stevens new foe of death penalty; Senior justice voices doubt that executions act as a deterrent."
Posted at 08:07 AM by Howard Bashman

"The Democrats and Gun Control: Don't believe it when Barack and Hillary say they respect the Second Amendment." David Kopel has this op-ed today in The Wall Street Journal.
Posted at 07:55 AM by Howard Bashman

"No need for a shield: Bill would put reporters above the law, cause 'grave consequences.'" Attorney General Michael B. Mukasey has this op-ed today in USA Today.

And today in The Washington Post, columnist Robert D. Novak has an op-ed entitled "On the Shield Law, Good News and Bad."
Posted at 07:50 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links'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




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


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




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


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


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


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

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


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

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


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


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



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


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog