How Appealing

Thursday, April 20, 2006

Available online from law.com: Mike McKee has articles headlined "Calif. Supreme Court Backs 'Friends' Writers in Harassment Case" and "Calif. Justices Let Stand Microsoft Settlement and Millions in Attorney Fees."
Posted at 10:48 PM by Howard Bashman


"Religious Tests in the Mirror: The Constitutional Law and Constitutional Etiquette of Religion in Judicial Nominations." Law Professor Paul Horwitz has posted this paper (abstract with link for download) at SSRN. And at "PrawfsBlawg," he has this related post.
Posted at 10:14 PM by Howard Bashman


It's like deja-vu, all over again: For those readers who arrived here at various times this afternoon and early evening in search of new content and found, instead, that the most recent post was from Tuesday, April 18, 2006, let me offer my apologies. The (rather humorous) cause of that issue has been identified, and I don't expect the issue to recur. Of course, any readers who would prefer to read my posts from April 18th, you can either scroll down the page or simply click here.
Posted at 09:15 PM by Howard Bashman


"ADF attorneys plan to appeal 'extremely poor' ruling from 9th Circuit in Poway 'T-shirt' case": The Alliance Defense Fund issued this press release today.

And at "The Volokh Conspiracy," Eugene Volokh has a related post titled "Sorry, Your Viewpoint Is Excluded from First Amendment Protection." My earlier coverage is here.
Posted at 09:03 PM by Howard Bashman



"Bloggers-Meet-Readers on Thursday, April 27, 9 pm, in Cambridge, Massachusetts": Eugene Volokh has this post at "The Volokh Conspiracy." I'll be among the many, many law bloggers in attendance, and Eugene's post contains a list of all the law bloggers who currently plan to attend.

The papers that will be discussed at next Friday's conference at Harvard are available via this link.
Posted at 08:50 PM by Howard Bashman



"Georgia OKs Bible Classes, Commandments": The Associated Press provides this report.
Posted at 08:48 PM by Howard Bashman


"Calif. high court rules offensive language is not sexual harassment": Bob Egelko of The San Francisco Chronicle provides this news update.
Posted at 05:15 PM by Howard Bashman


"Court Rules Against Gay-Bashing T-Shirts": Henry Weinstein of The Los Angeles Times provides this news update.
Posted at 05:14 PM by Howard Bashman


"A new challenge to Roper": At "SCOTUSblog," Lyle Denniston has this post about the pending petition for writ of certiorari filed by the State of Alabama in Alabama v. Adams.

The Supreme Court of Alabama's decision that gives rise to the cert. petition is the very same ruling that led recused Justice Tom Parker, in an op-ed published in The Birmingham News, to harshly criticize his non-recused colleagues for the decision they reached. Earlier press coverage of this matter can be accessed here and here, while related editorials from Alabama newspapers can be accessed here and here.
Posted at 04:20 PM by Howard Bashman



"Duff Chosen to Manage Judicial Branch; Managing partner at Baker Donelson named as the next director of the Administrative Office of the U.S. Courts": law.com's Tony Mauro provides this news update.
Posted at 04:10 PM by Howard Bashman


Access online the audio of today's oral argument in the U.S. Court of Appeals for the Eighth Circuit in Planned Parenthood v. Rounds: You can access the audio by clicking here (Windows Media format).

According to the web site of the South Dakota Attorney General, "Planned Parenthood filed a lawsuit in June of 2005, challenging the amendments to the state's informed consent statute pertaining to abortions. The Plaintiffs are challenging the provisions of the new informed consent statute which require, among other things, that the abortion provider advise the prospective patient, in writing, that the abortion will terminate the life of a whole, separate, unique, living human being." Now before the Eighth Circuit is South Dakota's appeal from a federal district judge's entry of a preliminary injunction against certain provisions of this law.
Posted at 03:58 PM by Howard Bashman



On remand for reconsideration in light of in Gonzales v. Raich, three-judge Eleventh Circuit panel disavows its earlier decision holding unconstitutional as exceeding the U.S. Congress's power under the Commerce Clause a law making intrastate possession of child pornography a federal crime: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Today's ruling affirms the defendant's criminal conviction.

Back in October 2004, the identical three-judge panel had reversed the defendant's conviction, holding that based on the facts of the case the conviction "amount[ed] to an unconstitutional exercise of the Commerce Clause." You can access the original ruling here, and my coverage of that ruling from October 2004 is here.
Posted at 03:50 PM by Howard Bashman



"Appeals court denies inmate's request": The Raleigh News & Observer provides an update that begins, "Death row inmate Willie Brown Jr.'s execution is set to go forward at 2 a.m. Friday after a federal appeals court denied his request for a delay today."

Fourth Circuit Judge M. Blane Michael dissented from the three-judge panel's order, and in his dissenting opinion Judge Michael writes, "The clear weight of evidence, however, reveals that the State's use of the BIS monitor will not adequately ensure that Brown will remain unconscious throughout his execution."
Posted at 03:33 PM by Howard Bashman



"Not So Friendly Amici: Look who's filing Supreme Court briefs now." Daveed Gartenstein-Ross has this essay in the April 24, 2006 issue of The Weekly Standard.
Posted at 03:15 PM by Howard Bashman


"The Abuse Excuse: Zacarias Moussaoui's lawyers float the 'Impoverished French Muslim Syndrome.'" Law Professor Alan M. Dershowitz has this jurisprudence essay online at Slate today.
Posted at 03:11 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Appeals Court Weighs Abortion Law Question"; "Defense Rests in Moussaoui Sentence Trial"; and "Ex-Enron CEO Skilling Reiterates Innocence."
Posted at 03:08 PM by Howard Bashman


Learn who will be recommending the denial of your cert. petitions next Term: At the blog "Prettier Than Napoleon," Amber Taylor provides an "updated list of the OT 2006 Supreme Court clerks."
Posted at 03:04 PM by Howard Bashman


"State Supreme Court removes Detroit judge from bench; Psychiatric exam ordered for Judge Bradfield": The Detroit Free Press provides this news update.

And The Detroit News provides an update headlined "Detroit judge ordered to get psychiatric exam."
Posted at 02:38 PM by Howard Bashman



The Associated Press is reporting: David Kravets has an article headlined "Court Rejects 'Friends' Trash Talk Case."

And in other news, an article headlined "Mich. High Court Suspends District Judge" begins, "The state Supreme Court ordered a psychiatric exam Thursday for a judge accused of violating the state judicial code by cursing at Detroit Deputy Mayor Anthony Adams when he parked in a spot reserved for judges."
Posted at 02:35 PM by Howard Bashman



On the menu at this martial arts banquet -- pain and suffering: Because that is to be expected at a martial arts banquet, today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit affirms the entry of summary judgment against a plaintiff who sustained serious bodily injury during a friendly post-dinner demonstration. You can access the ruling at this link.
Posted at 02:30 PM by Howard Bashman


"Gov't Concedes No Moussaoui-Reid Evidence": The Associated Press provides this report.
Posted at 01:33 PM by Howard Bashman


Ninth Circuit grants rehearing en banc in election law case of Padilla v. Lever: Today's order of the U.S. Court of Appeals for the Ninth Circuit can be accessed here.

You can access the original three-judge panel's ruling in the case at this link. Law Professor Rick Hasen's "Election Law" blog recently noted that rehearing en banc in Padilla was a good possibility. I would expect to see coverage of today's developments soon at Rick's blog.
Posted at 01:25 PM by Howard Bashman



"May a public high school prohibit students from wearing T-shirts with messages that condemn and denigrate other students on the basis of their sexual orientation?" Ninth Circuit Judge Stephen Reinhardt, writing for the majority on a three-judge panel, today issued an opinion that begins:
May a public high school prohibit students from wearing T-shirts with messages that condemn and denigrate other students on the basis of their sexual orientation? Appellant in this action is a sophomore at Poway High School who was ordered not to wear a T-shirt to school that read, "BE ASHAMED, OUR SCHOOL EMBRACED WHAT GOD HAS CONDEMNED" handwritten on the front, and "HOMOSEXUALITY IS SHAMEFUL" handwritten on the back. He appeals the district court's order denying his motion for a preliminary injunction. Because he is not likely to succeed on the merits, we affirm the district court's order.
Circuit Judge Alex Kozinski dissents in an opinion that begins:
While I find this a difficult and troubling case, I can agree with neither the majority's rationale nor its conclusion. On the record to date, the school authorities have offered no lawful justification for banning Harper's t-shirt and the district court should therefore have enjoined them from doing so pending the outcome of this case. Harper, moreover, raised a valid facial challenge to the school's harassment policy, and the district court should have enjoined the policy as well.
These opinions in Harper v. Poway Unified School District issued today in typescript format.
Posted at 01:20 PM by Howard Bashman


"Roberts Names Federal Court Administrator": Gina Holland of The Associated Press provides this report.
Posted at 01:05 PM by Howard Bashman


"Based on the totality of the undisputed circumstances, particularly the fact the Friends production was a creative workplace focused on generating scripts for an adult-oriented comedy show featuring sexual themes, we find no reasonable trier of fact could conclude such language constituted harassment directed at plaintiff because of her sex within the meaning of the FEHA." The Supreme Court of California's unanimous decision today in Lyle v. Warner Brothers Television Productions can be accessed here.
Posted at 01:02 PM by Howard Bashman


"Jane Doe" a no-go: The Associated Press provides a report headlined "Judge Dismisses Sex Video Privacy Lawsuit" that begins, " An invasion of privacy lawsuit filed by a woman who claims she participated in a sex video with Scott Stapp and Kid Rock was dismissed by a judge who said the woman cannot sue if she remains anonymous."
Posted at 11:50 AM by Howard Bashman


"Case takes students to Supreme Court": The Yale Daily News today contains an article that begins, "In sifting through their inboxes last spring, 10 Yale Law School students came across an e-mail unlike any they had received before. The author, Neal Katyal LAW '95, had a favor to ask. Help me to defend Osama Bin Laden's former driver, he said. And spend hours every week doing so, on top of rigorous law school classes and summer internships."
Posted at 11:40 AM by Howard Bashman


Just another fun-filled day of collegiality on the Supreme Court of Alabama: Yesterday's issue of The Decatur Daily contained an article headlined "Tom Woodall criticizes Justices Parker, Moore" that begins, "Justice Tom Woodall isn't running against Justice Tom Parker or former Chief Justice Roy Moore in the June primaries, but he reserves his most pointed criticisms for them, not his Republican opponent."
Posted at 11:23 AM by Howard Bashman


"South Dakota abortion case heard by appeals court": The Associated Press provides a report that begins, "The 8th Circuit U.S. Court of Appeals in St. Louis was to hear a challenge Thursday to South Dakota's law requiring abortion doctors to warn patients about abortions." The article later notes that "A day before the measure became law last summer, U.S. District Judge Karen Schreier in Rapid City, S.D., ruled it was an unconstitutional violation of free speech, and issued a preliminary injunction to block the law."

Via the Eighth Circuit's web site, you can access the appellate briefs at this link. The three-judge panel assigned to the case consists of Circuit Judges Diana E. Murphy, Michael J. Melloy, and Raymond W. Gruender. Once that court posts online the oral argument audiotape, I will link to it.
Posted at 11:08 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Sept. 11 Families Make Feelings Felt at Moussaoui Trial" and "Pentagon Releases Names of Guantanamo Prisoners" (RealPlayer required).
Posted at 10:05 AM by Howard Bashman


With Friends like these: As I noted here yesterday evening, the Supreme Court of California has announced that today it will issue its much-anticipated ruling in Lyle v. Warner Brothers Television Productions.

Earlier coverage of the case from law.com can be found in articles headlined "Crass or Creative? Harassment Case Involving 'Friends' Sitcom Reaches Calif. Justices" and "Calif. Justices Hit Rewind on 'Friends' Suit."
Posted at 08:50 AM by Howard Bashman



Thanks for visiting the new online home of "How Appealing," now hosted by law.com: For those of you who wish to access this blog using its RSS feed via a news reader (such as this one) or a service such as Bloglines, you can do so by using this link.
Posted at 07:30 AM by Howard Bashman


"Jury Hears 9/11 Relatives Against Killing Moussaoui": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Moussaoui Gets Some Unusual Help; Some 9/11 Relatives Testify for Defense."

The Los Angeles Times reports that "Families of 9/11 Victims Testify for Moussaoui; His defense hopes some relatives' messages of healing will soften the jury deciding his fate."

And The Richmond Times-Dispatch reports that "Moussaoui jury urged to resist impulse for revenge."
Posted at 07:24 AM by Howard Bashman



"In Last Day of Cross-Examination, Skilling Goes Out Fighting": The Washington Post contains this article today.

The New York Times reports today that "Prosecutor Suggests Skilling Lied About Why He Quit."

The Los Angeles Times reports that "Prosecutor, Skilling Duel Over Trading; Enron's ex-CEO denies that he lied in public statements about the California energy crisis."

The Houston Chronicle reports that "Prosecutor accuses Skilling of lying about reason he left."

And USA Today reports that "Skilling asked about reasons for departure; Executive left four months before Enron bankruptcy."
Posted at 07:15 AM by Howard Bashman



"Ryan's lawyers took aim at jurors; Unsealed filings show bid to dump 4 others": This article appears today in The Chicago Tribune, along with an article headlined "Ryan jury shake-up could stand up on appeal, experts say."

And The Chicago Sun-Times today contains articles headlined "Defense challenged 8 jurors" and "Radio caller isn't talking much now." In addition, columnist Mary Mitchell has an essay entitled "Let's hope we've seen the last of the lying juror." Columnist Mark Brown has an essay entitled "Ryan jurors could probably use trip to Jamaica." And columnist Michael Sneed has an essay entitled "Ryan back home in Kankakee."
Posted at 07:10 AM by Howard Bashman



On the editorial page of The Los Angeles Times: In today's newspaper, an editorial entitled "Not the cardinal's rules" begins, "His last-ditch appeal to the U.S. Supreme Court rejected, Cardinal Roger M. Mahony may soon find himself at the mercy of a far less exalted body: the civil jury."

And an editorial entitled "Judging juries" begins, "You don't have to be A social scientist to realize that racially diverse juries might engage in more give-and-take than homogeneous ones." The editorial proceeds to describe Justice Stephen G. Breyer as carrying on "a lonely campaign ... to make it easier to impanel juries that are more reflective of the community."
Posted at 07:00 AM by Howard Bashman



"Trial Starts for Man Who Knew Hijackers": The New York Times today contains an article that begins, "More than four years after charges were filed, a Jordanian college student went on trial yesterday in Manhattan federal court, accused of lying to a grand jury that was investigating the Sept. 11 attacks. The trial tests the government's practice of long detention of witnesses in terror cases."

My earlier coverage of this case can be accessed here.
Posted at 06:45 AM by Howard Bashman



"Online Registry Or Target List? A Stranger Kills Two Sex Offenders Among 34 He Looked Up in Maine." This article appears today in The Washington Post.
Posted at 06:40 AM by Howard Bashman


"Arizona's Strict Approach to Insanity Defenses Gets a Hearing Before the Supreme Court": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Supreme Court to Review Insanity Defense."

David G. Savage of The Los Angeles Times reports that "Insanity-Based Defense Tested in High Court; Arizona argues that a schizophrenic knew right from wrong and can be jailed for murder."

In USA Today, Joan Biskupic reports that "Justices weigh when defendants can assert insanity."

Patty Reinert of The Houston Chronicle reports that "Supreme Court hears arguments on insanity defense; Case could affect way mentally ill defendants are treated nationwide."

And The Arizona Republic reports that "U.S. justices look at Ariz. killing; Murderer's intent focus of insanity case."
Posted at 06:35 AM by Howard Bashman



"Twenty-first Century Religion and the Backlash Against Women's Autonomy: Three Recent Events that Show that Women's Freedom Is Imperiled." FindLaw commentator Marci Hamilton has this essay today.
Posted at 06:28 AM by Howard Bashman


Available online from law.com: Tony Mauro reports that "Supreme Court Examines Insanity Defense."

Marcia Coyle reports that "High Court to Enter Illegal Worker Debate in RICO Case."

Shannon P. Duffy reports that "3rd Circuit Allows Age Discrimination Suit to Continue."

And in other news, "Morgan Lewis Partners Get a Hollywood Ending; Attorneys' pro bono crusade will be turned into a film starring Matt Damon and Ben Affleck."
Posted at 06:25 AM by Howard Bashman



Welcome to the new home of "How Appealing": Thanks to Betsy Vardell of rubystudio, which operates the servers on which "How Appealing" resides, for making the switch to law.com go so smoothly, and to all the folks at law.com who were involved in the planning and template design. Although there are still a few minor functionality issues to be resolved, the new site is already off to a great start.
Posted at 12:00 AM by Howard Bashman


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