How Appealing

Friday, May 9, 2008

The Associated Press is reporting: Now available online are articles headlined "Yale Club settles ex-nominee Bork's suit over 2006 stumble"; "Guantanamo detainees spread word to boycott trials": and "Government asks court to block wider testing for mad cow."
Posted at 05:20 PM by Howard Bashman


"Convincing a Federal Court of Appeals": Seventh Circuit Judge Richard A. Posner is the author of the May 2008 installment of "Tips from the Trenches" available online via the web site of the American Bar Association's Section of Litigation.
Posted at 05:12 PM by Howard Bashman


Joseph Goldstein of The New York Sun is reporting: An article headlined "Congress Seeks To Protect U.S. Authors" begins, "Congress is taking an even more aggressive approach than New York State in responding to the fining of American journalists and authors for libel by foreign courts."

And an article headlined "Gag on 2nd Amendment Is City's Aim in Guns Suit" begins, "Lawyers for Mayor Bloomberg are asking a judge to ban any reference to the Second Amendment during the upcoming trial of a gun shop owner who was sued by the city. While trials are often tightly choreographed, with lawyers routinely instructed to not tell certain facts to a jury, a gag order on a section of the Constitution would be an oddity."
Posted at 03:30 PM by Howard Bashman



"McCain Sings Same Old GOP Song On Justices; Republican Presidential Nominee Parrots Party Lines Bashing Judges": CBS News legal analyst Andrew Cohen recently had this "CourtWatch" column.
Posted at 03:25 PM by Howard Bashman


The Associated Press is reporting: Now available online, in coverage of cases pending before the U.S. Court of Appeals for the D.C. Circuit, are articles headlined "Reporter challenges ruling over sources in anthrax case" and "Plame seeks to resurrect lawsuit in CIA leak case."

An article headlined "Nevada judge accused of demanding royal treatment" begins, "Elizabeth Halverson is a judge. But the way courthouse staffers see it, she expects to be treated like a queen."

And in other news, "Kentucky death row inmate: 'I'm ready and I'm sorry'" and "Judge: Jury selection can begin in R. Kelly pornography case."
Posted at 02:50 PM by Howard Bashman



"Judge threatens to suspend war court trial; A military judge agreed with defense lawyers that they should have access to the log that tracked the life of a Canadian brought to the prison camp in 2002, at age 15": Carol Rosenberg has this article today in The Miami Herald.
Posted at 09:25 AM by Howard Bashman


"Court weighs whether to restrict 'business method' patents": The Associated Press provides a report that begins, "Is a baseball pitcher's method for throwing a curveball patentable? How about a chiropractor's techniques? A federal appeals court wrestled with those kinds of questions Thursday when it considered placing restrictions on patent protections for business practices. The case under review is being closely watched by financial services and software companies."

Reuters reports that "US court mulls standard for business method patents."

And Dow Jones Newswires report that "Appeals Panel Reviews Standard For Business-Method Patents."

You can download the audio of yesterday's en banc oral argument of the U.S. Court of Appeals for the Federal Circuit via this link (55.7MB mp3 audio file). [Update: Given the large size of the oral argument audio file, the Federal Circuit has recently made the oral argument available for download in two parts, consisting of part one and part two. Thanks to the Federal Circuit employee who drew this to my attention.]
Posted at 09:14 AM by Howard Bashman



"Send in the clones? Judges should be independent thinkers, not political partisans." This editorial appears today in USA Today.

The newspaper also contains an op-ed by Tony Perkins entitled "Restrain judicial activism: Judges should interpret the law and leave legislating to the people."
Posted at 08:52 AM by Howard Bashman



In commentary available from FindLaw: Edward Lazarus has an essay entitled "McCain's Remarks Regarding the Kind of Judges He Would Nominate As President: His Surprising Failure to Take Into Account the Rightward Turn of the Supreme Court and of the Law in Recent History."

And Vikram David Amar has an essay entitled "What the Supreme Court's Recent Decision Upholding Indiana's Voter ID Law Tells Us About the Court, Beyond the Area of Election Law."
Posted at 08:48 AM by Howard Bashman



"Obama on judges: Protect the powerless." James Oliphant has this post at "The Swamp" blog of The Chicago Tribune.
Posted at 08:45 AM by Howard Bashman


"Court orders American Indian to trial for shooting eagle": A more detailed report from The Associated Press on an interesting decision that Tenth Circuit Judge Michael W. McConnell issued yesterday refers to RFRA as the "Religious Freedom Restitution Act." My earlier coverage of the ruling appeared yesterday at this link.
Posted at 08:42 AM by Howard Bashman


"Bush nominates Va. judge to fill vacancy on 4th Circuit": The Associated Press provides a report that begins, "A federal judge in Virginia is President Bush's pick to fill one of several vacancies on the 4th U.S. Circuit Court of Appeals, widely viewed as the most conservative federal appellate bench in the country. The White House announced Thursday that Bush had nominated Glen E. Conrad to the Richmond, Va.-based appeals court, which has handled some of the country's biggest terrorism cases. Conrad has been a judge on the U.S. District Court for the Western District of Virginia since 2003. If confirmed by the Senate, Conrad would fill the seat of H. Emory Widener Jr., who died last year." You can access Judge Conrad's Federal Judicial Center biography at this link, while the official announcement of the nomination can be accessed here.

Yesterday's nomination means that there are two U.S. District Judges with the last name Conrad whose nominations to the U.S. Court of Appeals for the Fourth Circuit are now pending before the U.S. Senate. On July 17, 2007, President Bush nominated Chief Judge Robert J. Conrad, Jr. of the U.S. District Court for the Western District of North Carolina to the Fourth Circuit.
Posted at 08:33 AM by Howard Bashman



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