How Appealing

Friday, April 28, 2006

Available online from law.com: Tony Mauro reports that "Watchdog Group Singles Out 'Junketing Judges.'" Meanwhile, in related news, The Associated Press reports that "2 Lawmakers Call for Judiciary Watchdog."

And the brand new installment of my "On Appeal" column is headlined "Considering a Likely Appeal in the Moussaoui Case." I thank the Moussaoui jury for failing to render a verdict late this afternoon, which would likely have triggered a panicked last-minute rewrite of my essay.
Posted at 10:55 PM by Howard Bashman



"Court of Appeals to Hold Special Sitting at University of Washington": The U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 10:45 PM by Howard Bashman


"Interesting Development in Padilla v. Lever Case": Rick Hasen has this post at his "Election Law" blog on the Ninth Circuit's en banc order issued today that I earlier noted here. An attorney connected with the case advises me via email that the case remains scheduled for an en banc oral argument before a fifteen-judge panel on June 22, 2006.
Posted at 10:44 PM by Howard Bashman


"Starr Mounts Challenge to Sarbanes-Oxley": The Associated Press provides a report that begins, "A constitutional challenge by conservatives to the law that reshaped corporate governance after a wave of business scandals likely will end up before the Supreme Court, attorney Kenneth Starr says."
Posted at 10:35 PM by Howard Bashman


"Phone Home: Courts must enforce the consular rights of foreign nationals." Law Professor Carlos M. Vázquez has this essay in the current issue of Legal Times.
Posted at 10:33 PM by Howard Bashman


Back home from Cambridge, Massachusetts: Today marked my third speaking engagement at the Harvard Law School, and my fourth speaking engagement in the Boston area, since I began this blog in May 2002. Today's event was great fun, and it was a pleasure to finally meet in person so many law professor bloggers whose work I have long admired from a distance. At some point later this weekend, I may offer further thoughts on the event and the bloggers I had the pleasure of meeting.

In this post at his "Sentencing Law and Policy" blog, Doug Berman links to others who were live-blogging, in part or in full, today's event.
Posted at 10:25 PM by Howard Bashman



"The issue before us is whether a parent who is also an attorney can receive attorneys' fees for the representation of his child in a suit brought under the Individuals with Disabilities in Education Act": The U.S. Court of Appeals for the Second Circuit answers "no" in a ruling that you can access here.
Posted at 03:00 PM by Howard Bashman


"Judge postpones hearing on using lethal injections; Killer's execution put on hold until at least September": Bob Egelko has this article today in The San Francisco Chronicle. Earlier today, I collected additional news coverage at this link.
Posted at 02:50 PM by Howard Bashman


Municipal ordinance requiring door-to-door canvassers who plan to "hand pamphlets or other written material" to residents or discuss with them "issues of public or religious interest" to first register with the police department violates the First Amendment: The U.S. Court of Appeals for the Third Circuit issued this decision today.
Posted at 02:15 PM by Howard Bashman


"We hold that the District Court erred in concluding that the state owes an affirmative due process duty of care to residents of a state institution who are free to leave state custody." A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this opinion today.
Posted at 02:10 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Court Rules New York Can Sue Countries" and "Judge Won't Restrict Padilla's Lawyers."
Posted at 02:05 PM by Howard Bashman


In the election law case of Padilla v. Lever, the en banc Ninth Circuit has voted to withdraw the opinion of the three-judge panel: You can access today's order at this link. Today's order comes eight days after the court announced that it had granted rehearing en banc in the case. It is unclear, at least to me, whether this marks the conclusion of the Ninth Circuit's involvement in the case.
Posted at 01:54 PM by Howard Bashman


"Feinstein Faces Long Odds in Fight to Keep Seat for a Californian": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 12:23 PM by Howard Bashman


"We had a great time!" You can access here a post from one of the people who attended last night's meet-the-law-bloggers gathering.
Posted at 12:09 PM by Howard Bashman


"[T]his case presents the limited question of whether Title VII's prohibition on discrimination on the basis of 'sex' includes a termination on the basis of an employee's admitted, consensual sexual conduct with a supervisor." The U.S. Court of Appeals for the Eighth Circuit issued this decision today.
Posted at 11:54 AM by Howard Bashman


"Moussaoui Jurors Told to Follow Guidelines": The Associated Press provides a report that begins, "The judge in Zacarias Moussaoui's death penalty trial admonished jurors Friday to avoid looking up words in the dictionary after learning that one went on the Internet to see what 'aggravating' means."
Posted at 11:50 AM by Howard Bashman


"Moussaoui Jury Faces Dozens of Questions": The Associated Press provides this report.
Posted at 09:10 AM by Howard Bashman


"CRC Report Says Increased Amount of 'Junkets for Judges'": law.com's Tony Mauro provides this report.

Update: The web site of Community Rights Counsel provides a news release entitled "Despite Years of Growing Outrage, Corporate Junkets for Judges Increase by 60%."
Posted at 07:48 AM by Howard Bashman



"Jury clears Diaz; Justice found not guilty in tax trial": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 07:25 AM by Howard Bashman


On the agenda: Today I'll be appearing with an impressive group of other law bloggers at Harvard Law School at an event titled "Bloggership: How Blogs Are Transforming Legal Scholarship." The event is free and open to the public, and audio of the event will be streamed live online (details available via this link).

And at lunchtime today, I hope to visit Ed Whelan's event titled "The Next Supreme Court Vacancy: Lessons from the Roberts and Alito Confirmation Processes," which is taking place just down the road from my event.

Last night I met for the first time many of the people participating in today's conference, and it was wonderful to finally meet in person various law professor bloggers whose work I have greatly admired from a distance. At some point, photos from the event will begin to appear online. Law Professor Christine Hurt (who blogs here) at last night's dinner took a photo of me with Law Professor Charles R. Nesson (who blogs here).

The location where today's program will take place supposedly has internet access, so regular postings should appear here throughout the day.
Posted at 06:58 AM by Howard Bashman



In news from Kansas: The Topeka Capital-Journal today contains articles headlined "Mays expected to seek inquiry into Nuss" and "Topekan files complaint against judge."

The Kansas City Star reports today that "Lunch meeting snarls school debate; Lawmakers seek formal inquiry."

And The Associated Press reports that "Nuss controversy leads to citizen's inquiry about McFarland."
Posted at 06:44 AM by Howard Bashman



"Death row inmate gets time for appeal": The Kansas City Star today contains an article that begins, "Condemned Missouri inmate Michael A. Taylor will have an additional 60 days to complete his appeals on the state's lethal injection procedures, a federal appeals court ruled Thursday."

And The St. Louis Post-Dispatch reports today that "Appeals court orders new hearing in KC on execution by injection."
Posted at 06:38 AM by Howard Bashman



"State Senate Votes To Cut Power Of Chief Justice": The Hartford Courant today contains an article that begins, "In a rebuke of retired Supreme Court Chief Justice William J. Sullivan, a divided state Senate voted Thursday to limit the ability of future chief justices to reach outside the court for judges to decide cases."
Posted at 06:35 AM by Howard Bashman


"Another testy day for Lay; His patience wears thin as the trial wears on": Mary Flood has this article today in The Houston Chronicle, which also contains an article headlined "Lay's tough side shows through; The ex-CEO has been anything but the grandfatherly foil to Jeff Skilling."

The Los Angeles Times today contains a news analysis headlined "Surprise of Enron Trial Is Lay's Surly Manner; Known for charm, the ex-chairman may have damaged his case with sarcasm and snippiness."

The Washington Post reports that "Stock Sales Scrutinized In Enron Trial."

The New York Times reports that "Enron Prosecutor Attacks Theory of 2001 Collapse."

And USA Today reports that "Lay denies he tried to hide sale of stock; Former CEO sold those shares due to margin calls."
Posted at 06:33 AM by Howard Bashman



In today's edition of The Los Angeles Times: An article reports that "Detainee Defiantly Admits Charges; An indicted Saudi held at the Guantanamo Bay prison tells a war crimes tribunal he is 'willing to pay the price, no matter what it is.'"

And an editorial entitled "The laws of madness" states, "Last week, Arizona asked the U.S. Supreme Court to allow it to gut a definition of legal insanity that has been on the books since 1843."
Posted at 06:28 AM by Howard Bashman



"Juror Illness Causes Delay In Moussaoui Deliberations": This article appears today in The Washington Post.

The Los Angeles Times reports today that "Juror's Illness Stalls Moussaoui Trial Deliberations."

And The Richmond Times-Dispatch reports that "Moussaoui deliberations suspended; Juror who had called in sick is better; panel set to resume today."

The next installment of my "On Appeal" column for law.com, scheduled to appear online tonight, will examine potential appellate issues in the Moussaoui case.
Posted at 06:24 AM by Howard Bashman



"No more executions in 2006; Judge delays hearing on challenge to state's injection method": Howard Mintz has this article today in The San Jose Mercury News.

And today in The Los Angeles Times, Henry Weinstein reports that "Executions Unlikely for Rest of Year; Federal judge orders a delay in condemned killer Michael Morales' legal challenge to the state's use of lethal injections."
Posted at 06:20 AM by Howard Bashman



The Washington Post is reporting: In today's newspaper, an article headlined "Supreme Court Barrier Denied; D.C. Rejects Anti-Terror Proposal After Neighbors' Complaints" begins, "The D.C. government yesterday denied a request by the Supreme Court to install a pop-up barrier on a nearby Capitol Hill street after neighbors complained that the anti-terrorism device would deflect the impact of any explosion onto them."

And in other news, "Little Is Clear in Laws on Leaks; Statutes Regarding Classified Data Called Hard to Prosecute."
Posted at 06:14 AM by Howard Bashman



Available online from The New York Times: Today's newspaper reports that "Judges Stress Intellectual Property in Microsoft Appeal."

And TimesSelect subscribers can access an item entitled "Readers Respond to 'Reining In Justice Scalia.'"
Posted at 06:05 AM by Howard Bashman



"A Day in Court: Scalia floats and Breyer rocks." Daniel Henninger has this op-ed today in The Wall Street Journal.
Posted at 06:00 AM by Howard Bashman


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