How Appealing

Thursday, May 31, 2007

"The Supreme Court: Their majesties." This book-related article appears in the current issue of The Economist.
Posted at 10:42 PM by Howard Bashman


Just how difficult is it to obtain rehearing en banc from the U.S. Court of Appeals for the Second Circuit? This order issued today denying rehearing en banc, accompanied by both a concurring and a dissenting opinion, sheds further light on the issue.
Posted at 10:40 PM by Howard Bashman


"Libby Seeks Probation in CIA Leak Case": The Associated Press provides this report. The blog "TalkLeft" has posted the defendant's two sentencing memoranda here and here.
Posted at 09:10 PM by Howard Bashman


"In a case involving a variance of this magnitude, we hold that, whatever latitude a sentencing court may have to adjust a defendant's sentence in an exercise of Booker discretion, it may not discard the advisory Guideline range and impose sentence, instead, on the basis of evidence of the defendant's uncharged, unrelated misconduct, whether actually committed or contemplated for the future." On behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, Judge Michael W. McConnell today issued a decision that begins:
Leroy Eric Allen pleaded guilty to a single count of possession of methamphetamine with intent to distribute. That crime carries a statutory minimum punishment of ten years imprisonment and a maximum of life. The district court sentenced Mr. Allen to 360 months imprisonment, which is more than two-and-a-half times the top end of the Sentencing Guidelines' recommended range. The district court based its sentencing decision on certain extreme facts that came to light during the investigation of Mr. Allen--namely, his professed desire to rape and murder young girls and the possible steps he took toward achieving those ends. Indeed, the district court gave Mr. Allen the sentence he would have received had he been convicted by a jury of solicitation of murder or attempted sexual abuse and abduction of a child. We hold that, although the sentencing court may consider Mr. Allen's unrelated, non-charged conduct in fashioning a sentence, the magnitude of the variance in this case and the way it was calculated were unreasonable. We therefore vacate the sentence and remand for resentencing.
You can access the complete ruling at this link.
Posted at 09:04 PM by Howard Bashman


"Murder term again a possibility for woman in S.F. dog-mauling death": Bob Egelko of The San Francisco Chronicle provides this news update.

And The Associated Press reports that "Court to Reconsider Dog Mauling Verdict."

You can access today's ruling of the Supreme Court of California in People v. Knoller at this link.
Posted at 08:55 PM by Howard Bashman



Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "Pfizer seeks swift patent protection" and "Circuit Court allows war crimes trials to begin."
Posted at 08:45 PM by Howard Bashman


"Claiborne death reported": Lyle Denniston has this post at "SCOTUSblog."

And Law Professor Doug Berman has this post at the "Sentencing Law and Policy" blog.
Posted at 12:50 PM by Howard Bashman



Rita lives; Claiborne, apparently not so much: As The St. Louis Post-Dispatch reports here today, Mario Claiborne apparently will be unable to benefit from the U.S. Supreme Court's ruling in his case challenging application of the U.S. Sentencing Guidelines. Thanks to Doug Berman of the "Sentencing Law and Policy" blog for bringing this to my attention.
Posted at 11:44 AM by Howard Bashman


"Court Upholds $2.8M Iran Terrorism Claim": The Associated Press provides a report that begins, "The brother of an Iranian terrorism victim can collect $2.8 million from a California company that owes Iran for a canceled weapons shipment, a federal appeals court ruled Wednesday."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:54 AM by Howard Bashman



"Forum asks: Does money sway judges?" The Philadelphia Inquirer today contains an article that begins, "With two seats on the Pennsylvania Supreme Court up for grabs in November, judicial campaigns are gearing up for an expensive fall race."
Posted at 10:50 AM by Howard Bashman


Sixth Circuit rejects Commerce Clause challenge that satellite TV providers asserted against Kentucky laws giving tax relief only to cable TV providers: You can access today's ruling at this link.
Posted at 10:45 AM by Howard Bashman


"Jurists not swayed on police privacy rights; State high court suggests the law allows for the disclosure of an officer's name and salary, but seems divided over releasing hiring records": Maura Dolan has this article today in The Los Angeles Times.
Posted at 08:47 AM by Howard Bashman


"Welles' daughter could get profit from 'Kane'; An appeals court rules that she may be entitled to home video rights for the filmmaker's classic": The Los Angeles Times contains this article today.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link (first item).
Posted at 08:44 AM by Howard Bashman



"A Matter of Time: The Supreme Court limits lawsuits on pay discrimination; Congress should respond." This editorial appears today in The Washington Post.

The New York Times today contains an editorial entitled "Injustice 5, Justice 4."

And The Los Angeles Times contains an editorial entitled "Life vs. the law: By reading statutes too rigidly in rendering opinions, the Supreme Court can be in denial of reality."
Posted at 08:30 AM by Howard Bashman



"S.C. to Rule on Suit Alleging Price Discrimination Against Men; Justices Agree to Decide Whether Demand for Equal Treatment Is Prerequisite to Litigation": In the October 20, 2005 issue of Metropolitan News-Enterprise, Kenneth Ofgang had an article that begins, "The California Supreme Court yesterday agreed to decide whether a patron who claims that a business charged a discriminatory price or fee based on gender is barred from suing if the patron did not demand equal treatment at the time."

The Supreme Court of California's decision in Angelucci v. Century Supper Club is scheduled to issue at 1 p.m. eastern time today.

The web sites of Lambda Legal, the ACLU of Northern California, and Pacific Legal Foundation all provide some coverage of the case.
Posted at 08:15 AM by Howard Bashman



"The justice reaches civics": Today in The Washington Times, Suzanne Fields has an op-ed that begins, "Sandra Day O'Connor describes herself as a 'product of the last century,' but she's determined to be an up-to-date grandmother. She retired from the Supreme Court a little more than a year ago and often watches her grandchildren playing on their computers. Inspired, she wants to harness this revolutionary instrument to teach kids the nuts and bolts of democracy."
Posted at 08:07 AM by Howard Bashman


"Blogger unmasked, court case upended": This very interesting article appears today in The Boston Globe.
Posted at 08:00 AM by Howard Bashman


"Plaintiff Lawyer to Quit His Firm; Lerach Represented Enron Shareholders": The Washington Post today contains an article that begins, "Plaintiff lawyer William S. Lerach, who has brought scores of cases on behalf of defrauded shareholders, has told clients and others that he is leaving the California law firm he started three years ago, according to two people briefed on the issue."
Posted at 07:55 AM by Howard Bashman


"Justice Dept. Expands Probe To Include Hiring Practices": The Washington Post contains this article today.

The Los Angeles Times today contains articles headlined "Minnesota case fits pattern in U.S. attorneys flap; A prosecutor apparently targeted for firing had supported Native American voters' rights" and "Probe of Justice Department hiring expands; The effort aims to see whether politics were injected into employment decisions at the civil rights unit."

In The Boston Globe, Charlie Savage reports that "Justice Dept. probes its hirings; Investigating for bias toward conservatives."

And USA Today reports that "Justice Dept. expands probe to hirings."
Posted at 07:50 AM by Howard Bashman



"Death of Guantanamo Detainee Is Apparent Suicide, Military Says": This article appears today in The Washington Post.

The New York Times reports today that "Detainee Found Dead in Guantanamo Cell."

And Carol Rosenberg of The Miami Herald reports that "Guantanamo captive commits suicide in cell; Almost a year after three captives at Guantanamo Bay hanged themselves, a Saudi man was found dead in his cell; U.S. authorities said it was suicide."
Posted at 07:48 AM by Howard Bashman



"Big Disparities in Judging of Asylum Cases": The New York Times today contains an article that begins, "Asylum seekers in the United States face broad disparities in the nation's 54 immigration courts, with the outcome of cases influenced by things like the location of the court and the sex and professional background of judges, a new study has found."

The law review article that is the subject of this news report is titled "Refugee Roulette: Disparities in Asylum Adjudication," and you can access it online from SSRN (abstract with link for download).
Posted at 07:35 AM by Howard Bashman



In commentary available online from FindLaw: Marci Hamilton has an essay entitled "States Move to Enact Laws Allowing the Death Penalty for Pedophiles: A Good Sign with Respect to Public Dedication to Protecting Children, But Potentially Not the Most Effective Way to Do So."

And Joanna Grossman has an essay entitled "The Fortieth Anniversary of Loving v. Virginia: The Personal and Cultural Legacy of the Case that Ended Legal Prohibitions on Interracial Marriage."
Posted at 07:25 AM by Howard Bashman



eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com'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

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

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

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

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

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

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

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

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

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

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

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

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

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek