How Appealing

Monday, June 5, 2006

"Court to Weigh Race as Factor in School Rolls": Linda Greenhouse will have this article Tuesday in The New York Times.

And Tuesday in The Washington Post, Charles Lane will report that "Justices to Hear Cases of Race-Conscious School Placements."
Posted at 10:23 PM by Howard Bashman



"Supreme Court gives US companies armour against racketeering lawsuits": Patti Waldmeir has this article in Tuesday's edition of Financial Times.
Posted at 10:20 PM by Howard Bashman


"Blawg Review #60": It was scheduled to appear at "The Trademark Blog," but apparently this rendition was adjudged "not by any measure a Blawg Review," so the sixtieth installment of Blawg Review instead appears here at "Blawg Review."
Posted at 10:00 PM by Howard Bashman


"The Supreme Court Finds No First Amendment Protection for Government Employee Speech Pursuant to Official Duties": Michael C. Dorf has this essay online today at FindLaw.
Posted at 09:55 PM by Howard Bashman


"High Court to Tackle Race in Schools; Justices Also Cut Back Reach Of Federal Racketeering Law With RICO-Suit Dismissal": Jess Bravin and Ben Winograd will have this article (pass-through link) Tuesday in The Wall Street Journal.
Posted at 09:54 PM by Howard Bashman


"Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor." The April 2006 issue of The Stanford Law Review is now available online. You can access the table of contents here, and the full text of all the tributes and articles can be accessed via this link (scroll down to the bottom of the page).
Posted at 08:58 PM by Howard Bashman


"High court to hear key school race cases; Ruling could clarify how far states can go to promote diversity": CNN.com provides this report.

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court to Review Race in Shaping Schools" (RealPlayer required).
Posted at 08:45 PM by Howard Bashman



"Court to Hear Challenge to Race-Based School Admissions": David G. Savage of The Los Angeles Times provides this news update.

And The Louisville Courier-Journal provides a news update headlined "Jefferson schools to defend desegregation policy before U.S. Supreme Court; Case being combined with Seattle tiebreaker plan."
Posted at 05:58 PM by Howard Bashman



Warren Richey is reporting: Tuesday in The Christian Science Monitor, he will have articles headlined "High court to examine race-balancing schools; Louisville, Ky., and Seattle districts promote diversity by using race to determine where students attend" and "No relief for reporters seeking to shield sources."
Posted at 05:55 PM by Howard Bashman


"Must an entire government law office be disqualified whenever the office head has a conflict because he or she previously represented a client in private practice?" A divided Supreme Court of California today issued an opinion answering this question in the affirmative in a case involving the San Francisco City Attorney's Office.
Posted at 04:45 PM by Howard Bashman


"High Court to Hear Public School Affirmative Action Cases": law.com's Tony Mauro provides this news update.
Posted at 04:25 PM by Howard Bashman


"Padilla Lawyer Wants Key Evidence Tossed": The Associated Press provides this report.
Posted at 04:12 PM by Howard Bashman


"Alito Opinion Draws Wrath of Scalia": law.com's Tony Mauro provides this news update. My earlier coverage appears here.
Posted at 03:55 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: Affirmative Action in Schools" (featuring Dahlia Lithwick) and "Comparing Gay Marriage Amendment to the Other 27." RealPlayer is required to launch these audio segments.
Posted at 03:54 PM by Howard Bashman


"Bush Rallies Gay Marriage Opponents": The Associated Press provides a report which notes that "Bush criticized judges who have overturned state laws similar in intent to the proposed legislation. 'Marriage is the most fundamental institution of civilization, and it should not be redefined by activist judges,' he said."

The complete text of President Bush's remarks from this afternoon can be accessed here.
Posted at 03:44 PM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "High Court Refuses Newspaper Press Fight."

And in other news, "Gay Marriage Ban Short of Votes in Senate."
Posted at 02:12 PM by Howard Bashman



"New London preparing for evictions in eminent domain dispute": The Associated Press provides a report that begins, "City officials were preparing Monday to begin eviction proceedings against residents who refuse to leave their coastal Connecticut homes, a move that could signal the end is near in an eminent domain dispute that reached the U.S. Supreme Court."
Posted at 01:45 PM by Howard Bashman


Another federal appellate court concludes that when considering the time for appeal under the Class Action Fairness Act of 2005, "less" means "more": You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

My criticism of two earlier, similar rulings can be found in my "On Appeal" essay titled "Less Is More: When Courts Decide a Law Means the Opposite of What It Says." At least six Ninth Circuit judges appear to agree with me for the reasons set forth in this dissent from the denial of rehearing en banc, as I first reported here.
Posted at 12:14 PM by Howard Bashman



"Colo. Court Upholds Denver Weapons Ban": The Associated Press provides a report that begins, "A divided Colorado Supreme Court on Monday upheld Denver's ban on assault weapons, despite arguments that state weapons laws should trump city ordinances."

You can access today's ruling by an equally divided Supreme Court of Colorado at this link.
Posted at 11:55 AM by Howard Bashman



Scalia criticizes Alito for using legislative history: See today's U.S. Supreme Court ruling in Zedner v. United States, No. 05-5992, where Justice Antonin Scalia issued this opinion concurring in part and concurring in the judgment in response to a portion of this opinion of the Court that Justice Samuel A. Alito, Jr. issued.
Posted at 11:35 AM by Howard Bashman


Lettuce hope for appellate review? The Allentown (Pa.) Morning Call on Friday published an article headlined "Woman has unpalatable salad day in court; Palmer resident guilty of throwing lettuce from car at mall." According to the article, "[T]he salad saga could continue. 'We may, as a matter of principle, take an appeal' to state Superior Court, said Prendergast, who works in the law offices of attorney Gary Asteak and represented Higgins at no cost."
Posted at 10:33 AM by Howard Bashman


Today's U.S. Supreme Court Order List and opinions in argued cases: The Supreme Court today issued opinions in four argued cases.

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Anza v. Ideal Steel Supply Corp., No. 04-433. You can access the syllabus here; Justice Kennedy's opinion here; Justice Antonin Scalia's concurring opinion here; Justice Clarence Thomas's opinion concurring in part and dissenting in part here; Justice Stephen G. Breyer's opinion concurring in part and dissenting in part here; and the oral argument transcript here.

2. The Court issued a per curiam opinion in Mohawk Industries, Inc. v. Williams, No. 05-465. You can access the oral argument transcript here.

3. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Zedner v. United States, No. 05-5992. You can access the syllabus here; Justice Alito's opinion here; Justice Scalia's opinion concurring in part and concurring in the judgment here; and the oral argument transcript here.

4. And the Court issued a per curiam opinion in Whitman v. Department of Transportation, No. 04-1131. You can access the oral argument transcript here.

You can access today's Order List at this link. The Court granted review today in three cases, two of which will be argued in tandem.

At "SCOTUSblog," Lyle Denniston has posts titled "Decisions: Court rules on RICO claim, 3 other cases" and "Orders: Court to rule on race in education."

In early press coverage, Gina Holland of The Associated Press reports that "Supreme Court to Hear Education Race Case." And The AP also reports that "Justices Limit Use of Racketeering Suits"; "Supreme Court to Consider Old Sentencing"; and "Supreme Court Rejects Reporters' Appeal."
Posted at 10:00 AM by Howard Bashman



"High court to take up job privacy of officers; California justices to hear San Diego case": The San Diego Union-Tribune today contains an article that begins, "The state Supreme Court takes up an intriguing and potentially far-reaching case this week dealing with how much information peace officers can keep secret when they are disciplined on the job."
Posted at 09:54 AM by Howard Bashman


"Adoption Group Threatens Suit; Children First: Restore 'Life' License Plate." This article appeared Saturday in The Hartford Courant.
Posted at 09:44 AM by Howard Bashman


"Which Federal Appellate Court Has the Best Web Site?" You can access this week's installment of my "On Appeal" column for law.com at this link.

The Eighth Circuit's web site ranks first on my list, the Seventh Circuit's web site ranks second, and the Ninth Circuit's web site ranks third. In the essay, I also suggest improvements for the web sites of the First, Second, and Tenth Circuits.

The last time that I conducted a similar survey was in February 2003, in connection with my "Upon Further Review" column headlined "Appellate Court Web Sites: Some Are Excellent, But Many Others Could Easily Be Improved."
Posted at 09:00 AM by Howard Bashman



"Curbing the Press: Why the government and the media haven't been this antagonistic since the Pentagon Papers case." This article appears in the June 12, 2006 issue of U.S. News & World Report.
Posted at 08:55 AM by Howard Bashman


"Law school at center of judicial junkets storm; George Mason center received money from Exxon, Big Tobacco": The National Law Journal provides this report (free access).
Posted at 08:54 AM by Howard Bashman


"Questions from jurors": The Chicago Tribune today contains this editorial.
Posted at 07:28 AM by Howard Bashman


"Eminent domain case was like shot heard 'round U.S." This article appears today in The Atlanta Journal-Constitution.
Posted at 07:25 AM by Howard Bashman


"Pluribus Sine Unum: Will the Senate impose race-based government on Hawaii?" John Fund has this essay today online at OpinionJournal.
Posted at 07:24 AM by Howard Bashman


"Senate kicks off debate of marriage amendment": This article appears today in The Washington Times.

The Atlanta Journal-Constitution reports today that "Bush to push gay marriage ban; Senate may vote Tuesday; foes say issue dead."

The Chicago Tribune reports that "Same-sex marriage foes say religious liberty at risk; Others call fears greatly exaggerated."

The New York Sun reports that "Bush Seeks to Outlaw Gay Rites."

And The New York Times contains an editorial entitled "Divide and Conquer the Voters."
Posted at 07:23 AM by Howard Bashman



The Los Angeles Times is reporting: Today's newspaper contains articles headlined "Army Manual to Skip Geneva Detainee Rule; The Pentagon's move to omit a ban on prisoner humiliation from the basic guide to soldier conduct faces strong State Dept. opposition"; "A Mom, a Texas Law and a Baby's Fate; Dixie Belcher wants to keep her 10-month-old on life support, even though doctors say the damage is irreversible; A judge will hear the case"; and "Class Actions Are Here to Stay; Continuing corporate scandals mean plenty of shareholder suits even if Milberg Weiss dissolves."
Posted at 07:15 AM by Howard Bashman


"Deal With Wen Ho Lee Begets Warning of Yet More Claims": Josh Gerstein has this article today in The New York Sun.
Posted at 07:10 AM by Howard Bashman


"Chief justice hopefuls starting to play dirty; Run for Alabama's top court shows ugly side": This article appears today in The Atlanta Journal-Constitution.
Posted at 07:08 AM by Howard Bashman


The Philadelphia Inquirer is reporting: Today's newspaper contains articles headlined "Judge in Dover case still fighting; John E. Jones III is using the intelligent-design debate to answer his critics and talk about judicial independence" and "Bloggers' political sting felt in Delco; One anonymously accuses Judge Kenneth A. Clouse of abusing his power; It's a little like 1700s pamphleteering."
Posted at 07:05 AM by Howard Bashman


"Plenty of Room on the Fall Docket": That's the title of today's installment of Charles Lane's "Full Court Press" column in The Washington Post.
Posted at 06:55 AM by Howard Bashman


"In State Races, Tough Questions About Abortion": This article appears today in The New York Times.
Posted at 06:48 AM by Howard Bashman


"Court is finishing term at 'moment of historic transition'; Justices still new to one another face June's deadlines": Joan Biskupic has this article today in USA Today.
Posted at 06:45 AM by Howard Bashman


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