How Appealing

Thursday, July 2, 2009

"9th Circuit's Kozinski Admonished but Not Disciplined for Online Pornography": Shannon P. Duffy will have this article Monday in The Legal Intelligencer.
Posted at 11:12 PM by Howard Bashman

"Are All Civil Rights Special Privileges Now? Assessing the damage done by the Supreme Court in the New Haven firefighters case." Law professor Richard Thompson Ford has this jurisprudence essay online at Slate.
Posted at 11:09 PM by Howard Bashman

"Supreme Court Closes Deeply Divided Term": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:04 PM by Howard Bashman

"To Critics, New Policy on Terror Looks Old": Today in The New York TImes, Charlie Savage has a news analysis that begins, "Civil libertarians recently accused President Obama of acting like former President George W. Bush, citing reports about Mr. Obama's plans to detain terrorism suspects without trials on domestic soil after he closes the Guantanamo prison."
Posted at 10:50 PM by Howard Bashman

"Appeals court overturns order allowing deposition of Terry Nichols; SLC lawyer seeks information about his brother's 1995 prison death": Pamela Manson of The Salt Lake Tribune has a news update that begins, "The 10th U.S. Circuit Court of Appeals on Thursday overturned a judge's ruling allowing a Utah attorney to conduct videotaped depositions of Oklahoma City bombing conspirator Terry Nichols and a death-row inmate."

And Geoffrey Fattah of The Deseret News has a news update headlined "Court denies attorney chance to interview Terry Nichols."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 10:44 PM by Howard Bashman

"N.J. judge rules blogger not protected by newspaper shield laws, can be sued for slander": The Newark Star-Ledger has this news update.
Posted at 10:30 PM by Howard Bashman

"Obama: Court leaves room for affirmative action." Mark Sherman of The Associated Press has this report.
Posted at 09:18 PM by Howard Bashman

"Judge Kozinski admonished for explicit items on Web site": Bill Mears of has this report.

And The Philadelphia Inquirer has a news update headlined "California judge rebuked for porn on his Web site."
Posted at 09:15 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "GOP, White House at odds on Sotomayor documents" and "Leahy: GOP planned objection to a high court pick."
Posted at 09:14 PM by Howard Bashman

"Case dismissed against woman in MySpace hoax that led to teen's suicide": The Los Angeles Times has this news update.

And The St. Louis Post-Dispatch has a news update headlined "Lori Drew is acquitted in cyberbullying case."
Posted at 03:37 PM by Howard Bashman

BREAKING NEWS -- "Judge Overrules Jury, Acquits Lori Drew in Cyberbullying Case": Kim Zetter has this post at's "Threat Level" blog.

And The Associated Press reports that "Judge tentatively acquits woman in MySpace case."
Posted at 03:07 PM by Howard Bashman

In video available online from C-SPAN: "Roundtable on Judicial Decisions of Judge Sonia Sotomayor";

"Dahlia Lithwick address the major cases the Supreme Court decided this term"; and

"Washington Legal Foundation Panel Discussion on Recent Supreme Court Term."
Posted at 03:00 PM by Howard Bashman

"High court rejects Gov. Charlie Crist's judge-picking plans; Gov. Charlie Crist's request that a new slate of applicants be submitted for an appeals court seat was ruled unconstitutional by the state Supreme Court": The Miami Herald has a news update that begins, "Gov. Charlie Crist ran afoul of the state Constitution when he refused to fill an appeals court seat because all of the potential picks are white, the Florida Supreme Court unanimously ruled Thursday."

And The Associated Press has a report headlined "Fla. justices: Crist can't reject judge nominees."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 02:50 PM by Howard Bashman

"3rd Circuit Panel Dismisses Claims Against Kozinski for Sexually Explicit Material": Shannon P. Duffy of The Legal Intelligencer has this news update.
Posted at 02:33 PM by Howard Bashman

"Ninth Circuit's Kozinski is Admonished, and He Apologizes": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And's "Law Blog" has a post titled "A 'Pleased' Kozinski Cleared of Wrongdoing."
Posted at 01:10 PM by Howard Bashman

"Holder having surgery for cracked tooth": The Associated Press has this report.
Posted at 12:11 PM by Howard Bashman

"Peers admonish US chief judge over Web sex files": The Associated Press has this report.
Posted at 11:52 AM by Howard Bashman

"MySpace not liable for girls' rapes, court says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Girls who were sexually assaulted by men they first contacted on MySpace cannot seek damages from the social-networking Web site, which is protected from liability by federal law, a state appeals court has ruled."

Reuters has a report headlined "MySpace, Web servers not liable for assaults-court."

And at his "Technology & Marketing Law Blog," law professor Eric Goldman has a post titled "MySpace Wins Another 47 USC 230 Case Over Sexual Assaults of Users."

You can access Tuesday's ruling of California's Court of Appeal for the Second Appellate District at this link.
Posted at 11:25 AM by Howard Bashman

"Judging John Yoo: A federal judge has set a risky precedent by allowing convicted terror conspirator Jose Padilla to sue one of the authors of the controversial 'torture memo.'" This editorial appears today in The Los Angeles Times.

My earlier coverage of the ruling appears at this link.
Posted at 11:14 AM by Howard Bashman

Divided three-judge Sixth Circuit panel overturns federal district court's decision holding that Tennessee's lethal injection protocol violates the Eighth Amendment: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:11 AM by Howard Bashman

"Chief Judge Kozinski Cleared of Misconduct By Judicial Panel": David Lat has this post at "Above the Law."

You can access the ruling of the Judicial Council of the U.S. Court of Appeals for the Third Circuit, dated June 5, 2009 and made public today, by clicking here.

The following summary of the ruling's result appears on pages 11-12 of the opinion:

This opinion, which will be made public according to the Rules for Judicial-Conduct and Judicial-Disability Proceedings, concludes the investigation in the following manner. We find that the Judge's possession of sexually explicit offensive material combined with his carelessness in failing to safeguard his sphere of privacy was judicially imprudent. Moreover, once the Judge became aware in 2007 that offensive material could be accessed by members of the public, his inattention to the need for prompt corrective action amounted to a disregard of a serious risk of public embarrassment. We join with the Special Committee in admonishing the Judge that his conduct exhibiting poor judgment with respect to this material created a public controversy that can reasonably be seen as having resulted in embarrassment to the institution of the federal judiciary. We determine that the Judge's acknowledgment of responsibility together with other corrective action, his apology, and our admonishment, combined with the public dissemination of this opinion, properly conclude this proceeding.
And the opinion's final paragraph states, "With respect to the identified Complaint involving, the proceeding will be concluded under Rule 20(b)(1)(B) because appropriate corrective action has been taken. To the extent the identified Complaint involves the Judge's conduct with respect to the United States v. Isaacs case, that portion of the identified Complaint will be dismissed under Rule 20(b)(1)(A)(i)."
Posted at 09:22 AM by Howard Bashman

"Area schools weigh impact of ruling in Ariz. strip search": This article appears today in The New Haven Register.
Posted at 09:15 AM by Howard Bashman

"Injunction against Delta in Mesa case upheld": The Associated Press has a report that begins, "A federal appeals court Wednesday upheld a preliminary injunction barring Delta Air Lines Inc., the world's biggest airline operator, from terminating a regional flying contract with Mesa Air Group Inc. subsidiary Freedom Airlines."

Reuters reports that "Appeals court prevents Delta from ending contract."

The Wall Street Journal has a news update headlined "Appeals Court Affirms Injunction to Keep Delta Air-Mesa Deal."

MarketWatch reports that "Court blocks attempt to terminate Delta-Mesa deal."

And Mesa Air Group has issued a press release headlined "Eleventh Circuit Court of Appeals Rules in Favor of Mesa Air Group - Affirms Preliminary Injunction Against Delta Air Lines."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:14 AM by Howard Bashman

"Impact still to come in firefighter ruling": This article appears today in The New Haven Register.
Posted at 09:05 AM by Howard Bashman

"Supreme Court's Unexpected 'Judicial Minimalism' in Voting Rights Case": Paul M. Smith and Joshua Block have this essay online at
Posted at 08:53 AM by Howard Bashman

"Roberts's Firefighter Win Caps Unpredictable Supreme Court Term": Greg Stohr of Bloomberg News has this report.
Posted at 08:47 AM by Howard Bashman

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