How Appealing

Friday, June 23, 2006

Those unfavorable judicial nominee ratings prove costly: The AP provides an article headlined "Bar Association Agrees to Pay $185G Fine" that reports, "The Justice Department and the American Bar Association agreed Friday that the association, the nation's largest group of lawyers, had indeed violated a 1996 court order that settled a government antitrust suit against the ABA. The ABA even agreed to pay $185,000 to reimburse the government for its costs in investigating what the Justice Department called a case of civil contempt of court."
Posted at 09:14 PM by Howard Bashman


"Bush Order Would Limit Property Seizures": The Associated Press provides this report on an executive order that the White House issued today.
Posted at 09:10 PM by Howard Bashman


In today's mail: "The Curmudgeon's Guide to Practicing Law," written by attorney Mark Herrmann.
Posted at 06:04 PM by Howard Bashman


"U.S. Asks for Top Security in Albany Terrorism Case; Defense lawyers balk at government plan to require monitor's presence during review of papers, client talks": law.com published this report back in October 2004.

Today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a per curiam decision denying a writ of mandamus that one of the defendants requested ordering the district court to vacate orders that are based on confidential documents, arguments, and decision memoranda, and ordering the United States to abandon a communications monitoring program described in newspaper articles.

Additional background on the case is available in a USA Today article from August 2004 headlined "Federal agents raid mosque in Albany; 2 arrested" and in Associated Press reports from August 2004 headlined "Two Albany mosque leaders indicted on 19 counts" and "Prosecutors admit possible evidence error in N.Y. terror sting."
Posted at 05:45 PM by Howard Bashman



"[T]he jury's conclusion about the plaintiff's level of emotional trauma might well reflect its view concerning the reprehensibility of the defendant's conduct." The final portion of this opinion that a three-judge panel of the U.S. Court of Appeals for the First Circuit issued today contains an interesting discussion of the potential for overlap between a jury's award of damages for emotional distress and what a jury might have awarded had it been advised (as it should have been but was not at the original trial) that an award of punitive damages in favor of the plaintiff was appropriate.

In any event, that part of today's First Circuit ruling reminded me of a working paper by Law Professor Catherine M. Sharkey titled "Crossing the Punitive-Compensatory Divide."
Posted at 05:14 PM by Howard Bashman



Kelo plus one: One year ago today, the Supreme Court of the United States issued its ruling in Kelo v. City of New London. My posts from one year ago collecting press coverage of the ruling can be accessed here, here, and here.
Posted at 04:58 PM by Howard Bashman


The Fox Theatre in Atlanta, Georgia is sufficiently accessible to disabled patrons, the U.S. Court of Appeals for the Eleventh Circuit has ruled: You can access today's decision at this link.
Posted at 04:05 PM by Howard Bashman


Eleventh Circuit affirms federal criminal sentence imposed for orchid-related crime: Fans of the movie "Adaptation" and others can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 04:02 PM by Howard Bashman


"High Court Draws Line On Bosses' Retaliation; Discrimination Decision Could Affect Dealings In and Out of Workplace": Jess Bravin and Ben Winograd have this article (pass-through link) today in The Wall Street Journal. Earlier today, I collected additional press coverage at this link.
Posted at 03:44 PM by Howard Bashman


"Court Rejects SEC Hedge-Fund Rule": The AP provides this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 03:10 PM by Howard Bashman


In news from Italy: The Associated Press reports that "Watchdog Protests Blogger Conviction."
Posted at 03:08 PM by Howard Bashman


Did the State of Texas execute Carlos De Luna for a crime he did not commit? The Chicago Tribune on Sunday will begin a three-part series arguing that the answer is "yes." The case will also be the subject of a report on tonight's broadcast of the ABC News "Nightline" program. The Tribune's web site provides this preview.
Posted at 03:05 PM by Howard Bashman


"Suspect in Nev. Shooting Caught in Mexico": The Associated Press provides this report.

And The Reno Gazette-Journal provides news updates headlined "Mack surrenders in Mexico"; "Police: Mack booked into Dallas jail"; and "Mack could be transported to Reno today."
Posted at 02:33 PM by Howard Bashman



"Leishmaniasis, a parasitic disease caused by obligate intracellular protozoa, is transmitted by the bite of some species of phlebotomine sand flies." So reports the Centers for Disease Control and Prevention in a document available online at this link.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued an opinion reinstating a portion of a Federal Tort Claims Act suit brought by the family of a former U.S. Army serviceman who contracted Leishmaniasis while serving in the Persian Gulf War in 1991 and then transmitted the disease to his family after being discharged from the Army.
Posted at 11:40 AM by Howard Bashman



The exception to the warrant requirement under the Fourth Amendment for a search of the passenger compartment of a car incident to a lawful custodial arrest applies only if the search follows the arrest, a divided three-judge D.C. Circuit panel holds: The U.S. Court of Appeals for the D.C. Circuit issued this decision today.
Posted at 10:14 AM by Howard Bashman


"North Carolina can keep its Bill of Rights; Appeals court reaffirms claim": The News & Observer of Raleigh, North Carolina contains this article today. My earlier coverage appears here.
Posted at 09:44 AM by Howard Bashman


"Supreme Court Sides with Worker in Retaliation Suit": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:28 AM by Howard Bashman


"Mayor wants cross case heard by U.S. high court; Symbol comes down if no action by Aug. 1": The San Diego Union-Tribune today contains an article that begins, "San Diego Mayor Jerry Sanders is taking the city's fight to keep a cross atop Mount Soledad to the U.S. Supreme Court."
Posted at 07:54 AM by Howard Bashman


"Supreme Court Gives Employees Broader Protection Against Retaliation in Workplace": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Court Expands Right to Sue Over Retaliation on the Job."

David G. Savage of The Los Angeles Times reports that "Justices Define Employer Reprisal Liberally; In a unanimous ruling, the Supreme Court says all but trivial actions taken against a worker filing a discrimination claim are illegal."

Joan Biskupic of USA Today reports that "Court eases worker lawsuits; Issue is retaliation after complaints."

Warren Richey of The Christian Science Monitor reports that "High court eases path for workers' discrimination suits; Employees can sue for retaliation even if bosses don't fire them, the justices ruled Thursday."

The Chicago Tribune reports that "High court widens protection for workers against retaliation."

The Houston Chronicle reports that "Ruling widens ability to sue; Decision favors workers, defines retaliation broadly."

The Commercial Appeal of Memphis reports that "In landmark case, court sides with Memphis woman."

And law.com's Tony Mauro reports that "Supreme Court Sides With Employees in Discrimination Case."
Posted at 07:45 AM by Howard Bashman



"Court doesn't tip hand on voting-rights case; Ruling to have effect on General Plan Initiative": Today's edition of The Monterey County Herald contains an article that begins, "On the day the House of Representatives postponed renewal of the Voting Rights Act, the landmark 1965 law that protected minority voters against discrimination, a full panel of the U.S. 9th Circuit Court of Appeals debated whether the law applies to recall petitions."
Posted at 07:40 AM by Howard Bashman


The Los Angeles Times is reporting: Today's newspaper contains articles headlined "Three Las Vegas Judges Face High Court Review; In response to a Times investigation, Nevada's justices want the senior jurists to answer conflict-of-interest and favoritism allegations" and "Voided Sale of PBS Station to Be Appealed; An O.C. college district will fight a televangelist firm's challenge to the sale of KOCE-TV."
Posted at 07:38 AM by Howard Bashman


"Not a usual day in court: Federal building locked down when suspect runs." This article appears today in The Chicago Tribune.

And The Chicago Sun-Times reports today that "Man sets off courthouse lockdown."
Posted at 07:33 AM by Howard Bashman



"Ruling Opens Door to Deportations; Justices Say Immigration Law Can Be Applied Retroactively": Charles Lane has this article today in The Washington Post.

David G. Savage of The Los Angeles Times reports today that "Supreme Court Upholds Strict Deportation Law; An illegal immigrant is subject to a policy passed after his arrival and cannot remain, justices rule, despite a job and family here."

The Standard-Examiner of Ogden, Utah reports that "Supreme Court ruling hits home; Husband barred from returning to Ogden family."

The Salt Lake Tribune contains articles headlined "Door shut: Court upholds Ogden man's deportation; Living, working and having a family in U.S. can't excuse breaking the law, justices rule" and "Latinos say immigration laws often confusing, anti-family."

The Deseret Morning News reports that "Deportee can't come home; Supreme Court ruling keeps the ex-Ogden man from his family."

Patty Reinert of The Houston Chronicle reports that "High court spurns deportee's return; 8-1 decision is seen as a blow to illegal immigrants."

The San Antonio Express-News reports that "High court upholds '97 migrant deadline."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court's tough line on deportees; Thursday's ruling, expelling a man deported two decades ago, could penalize thousands of illegal immigrants."

And The Washington Times reports that "Court backs deporting longtime illegal alien."
Posted at 07:25 AM by Howard Bashman



"Justices Drop Consideration of Boundaries for Patents": This article appears today in The New York Times.

And law.com's Tony Mauro reports that "High Court Dismisses Patent Case."
Posted at 07:23 AM by Howard Bashman



"Timeless Art, Frozen in Time (for Now)": The New York Times today contains a Day Trip essay by Fred A. Bernstein that begins, "Even before I got to the big wrought-iron gate, two myths had been shattered. The Barnes Foundation -- the embattled art museum with one of the world's greatest collections -- is often portrayed as both hard to get to and the bane of its neighbors in Merion, a wealthy old suburb of Philadelphia."
Posted at 07:20 AM by Howard Bashman


"Doctors See Way to Cut Suffering in Executions": This article appears today in The New York Times.
Posted at 07:15 AM by Howard Bashman


"Off the Deep End: Lawyers took our diving board." Steve Moore has this op-ed today in The Wall Street Journal.
Posted at 07:10 AM by Howard Bashman


"A Supreme Court Majority Rejects Evidence of On-The-Scene Accuser Statements, But Justice Thomas Seeks More Protection for Domestic Violence Victims": Julie Hilden has this essay online today at FindLaw.
Posted at 07:08 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