How Appealing

Friday, July 20, 2007

Available online from An article reports that "Playing to a Full House, Ga. Justices Ponder Teen Sex Case; Genarlow Wilson's lawyer asked court to reverse course from a year ago."

In other news, "N.J. Supreme Court Censures Justice for Actions on Behalf of Bullied Son."

And the brand new installment of my weekly "On Appeal" column is headlined "May a Trial Court Force the Parties to Waive Appellate Review?"
Posted at 11:50 PM by Howard Bashman

"Court Tells U.S. to Reveal Data on Detainees at Guantanamo": This article will appear Saturday in The New York Times.

The Washington Post will report on Saturday that "Government Must Share All Evidence On Detainees."

The Associated Press reports that "Judges Seek All Gitmo Detainee Evidence."

And Reuters reports that "U.S. court grants evidence to Guantanamo lawyers."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:45 PM by Howard Bashman

"To leave judges speechless, throttled for publicly addressing abuse of the judicial process by practicing lawyers, ill serves the laudable goal of promoting judicial efficiency and impartiality." A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, ruling on a state trial court judge's federal civil rights claim against the Texas Commission on Judicial Conduct, has today held: "To the extent that the commission censured Judge Jenevein for the content of his speech, shutting down all communication between the Judge and his constituents, we reverse and remand with instructions to expunge that part of the order." You can access today's decision at this link.
Posted at 11:28 PM by Howard Bashman

"[W]hen a district court imposes a below-Guidelines sentence for a crime involving crack, the record must demonstrate that the court focused on individual, case-specific factors[, b]ecause courts may not replace the 100-to-1 ratio with one of their choosing": So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit in an opinion issued today.
Posted at 11:08 PM by Howard Bashman

"Court Turns Down Qualcomm Appeal": The Associated Press provides a report that begins, "A federal court on Friday dismissed a request by Qualcomm Inc. to delay an import ban on new cell phones containing the company's chips, which were were found to infringe patents held by Broadcom Corp. The U.S. Court of Appeals for the Federal Circuit said it did not have jurisdiction to consider Qualcomm's request, because the import limits are still under review by the Bush administration."

You can access today's order of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 06:00 PM by Howard Bashman

"N.J. Supreme Court justice censured in 'Do you know who I am' scandal": The Philadelphia Inquirer provides this news update.

The Newark Star-Ledger provides a news update headlined "Justice censured for judicial misconduct."

And The Associated Press reports that "NJ Supreme Court Censures One of Its Own."

You can access today's order of the Supreme Court of New Jersey at this link.
Posted at 05:54 PM by Howard Bashman

"Chief Justice Is Reinstated in Pakistan": The New York Times provides this news update.

And McClatchy Newspapers report that "Pakistan court rebuffs Musharraf, reinstates chief justice."
Posted at 05:47 PM by Howard Bashman

"Bush Alters Rules for Interrogations": The Associated Press provides a report that begins, "President Bush signed an executive order Friday prohibiting cruel and inhuman treatment, including humiliation or denigration of religious beliefs, in the detention and interrogation of terrorism suspects." You can view the executive order at this link, while a related White House news release is here.

The New York Times provides a news update headlined "C.I.A. Allowed to Resume Interrogations."

The Washington Post provides a news update headlined "Bush Order Governs CIA Interrogation Techniques."

McClatchy Newspapers report that "Bush bars CIA from using torture, but details remain cloudy."

And in related news, The AP reports that "Guantanamo Hunger Strikers Stay Defiant."
Posted at 05:35 PM by Howard Bashman

"Ga. top court finishes hearing Wilson's appeal": The Atlanta Journal-Constitution provides a news update that begins, "The Georgia Supreme Court heard arguments Friday morning on a pair of appeals in the closely watched Genarlow Wilson case, though no ruling was expected immediately. The courtroom was packed for the hearing, and arguments were broadcast live over the Internet. The hearing came after justices decided earlier this month to speed up the process in the case of Wilson, the Douglas County man imprisoned for receiving oral sex from a 15-year-old girl when he was 17. Wilson's attorneys argue his 10-year prison sentence is cruel and unusual punishment."

And The Associated Press reports that "Ga. Supreme Court Hears Teen Sex Case."

Via the web site of the Supreme Court of Georgia, you can access the video of today's oral argument in both RealPlayer and Windows Media Player formats.
Posted at 05:28 PM by Howard Bashman

Programming note: This afternoon, I am giving a lecture about the U.S. Supreme Court's recent punitive damages ruling in Philip Morris USA v. Williams to the Pennsylvania Conference of State Trial Judges meeting in Hershey, Pennsylvania.

Additional posts will appear here later today.
Posted at 10:08 AM by Howard Bashman

"Isle memories move justice; Supreme Court Justice John Paul Stevens talks of his years here and Rice v. Cayetano": This article appears today in The Honolulu Star-Bulletin.

And The Honolulu Advertiser reports today that "Justice Stevens recalls war years in Honolulu."
Posted at 08:35 AM by Howard Bashman

"Vets with Agent Orange leukemia keep benefits; Judge orders U.S. to pay from date claimed was filed": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "An indignant federal appeals court ordered the government Thursday to keep paying benefits to hundreds of Vietnam veterans afflicted with a type of leukemia that has been linked to the defoliant Agent Orange."

Today in The Los Angeles Times, Henry Weinstein reports that "VA rebuked for balking on Agent Orange care; A court says the agency must provide benefits to Vietnam veterans with a type of leukemia."

In The Oakland Tribune, Josh Richman reports that "Appeals court orders Agent Orange vet benefits; Judges take VA officials to task on unpaid retroactive claims."

And The Associated Press provides a report headlined "Court: VA Must Pay Agent Orange Victims."

Circuit Judge Stephen Reinhardt issued yesterday's ruling on behalf of a unanimous three-judge Ninth Circuit panel.
Posted at 08:32 AM by Howard Bashman

"Cheney Wins Dismissal of Suit Brought by Valerie Wilson": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Plame's Suit Against Top Officials Dismissed."

The Los Angeles Times reports that "Plame's civil suit dismissed; The former CIA operative sought to hold Cheney and others personally responsible for blowing her cover."

In The New York Sun, Josh Gerstein reports that "Ex-CIA Agent's Suit Against Top Officials Is Dismissed."

And The Washington Times reports that "Plame lawsuit against Cheney dismissed."
Posted at 08:15 AM by Howard Bashman

"N.H. couple evade death and taxes; The Browns have been holed up, refusing to pay the IRS or go to prison; It's a battle that might end in bloodshed": The Los Angeles Times contains this front page article today.
Posted at 08:12 AM by Howard Bashman

"Cochran's plea aims to shame Dems who oppose Southwick nomination": This article appears today in The Clarion-Ledger of Jackson, Mississippi.

And The Washington Times reports today that "GOP fights for stalled judicial nominee."
Posted at 08:07 AM by Howard Bashman

"The Genarlow Wilson Case: Courting public opinion; Lawyer walks fine line as she stirs media blitz." The Atlanta Journal-Constitution contains this article today.

The Supreme Court of Georgia is schedule to hear oral argument in the Genarlow Wilson case at 10 a.m. eastern time today. As detailed in this post of mine from last night, you can view the oral argument live, online via that court's web site.
Posted at 08:04 AM by Howard Bashman

"Trail of an 'Enemy Combatant': From Desert to U.S. Heartland; Details Emerge About Marri's Alleged Role in 'Second Wave' of Al-Qaeda Attacks." This lengthy front page article appears today in The Washington Post.
Posted at 08:02 AM by Howard Bashman

"Assault on Second Amendment": Terence P. Jeffrey has this op-ed today in The Washington Times.
Posted at 08:00 AM by Howard Bashman

"Broader Privilege Claimed In Firings; White House Says Hill Can't Pursue Contempt Cases": The Washington Post today contains a front page article that begins, "Bush administration officials unveiled a bold new assertion of executive authority yesterday in the dispute over the firing of nine U.S. attorneys, saying that the Justice Department will never be allowed to pursue contempt charges initiated by Congress against White House officials once the president has invoked executive privilege. The position presents serious legal and political obstacles for congressional Democrats, who have begun laying the groundwork for contempt proceedings against current and former White House officials in order to pry loose information about the dismissals."
Posted at 07:58 AM by Howard Bashman

"Pakistan Court Reinstates Top Judge": The Associated Press provides a report that begins, "The Supreme Court on Friday reinstated Pakistan's top judge, ruling that his suspension by President Gen. Pervez Musharraf was 'illegal' and dealing a major blow to Musharraf's standing."
Posted at 07:55 AM by Howard Bashman

There once was a man from Nantucket: The Cap Cod Times reports today that "Nantucket loses eminent domain case."

And The Associated Press reports that "SJC gives house lot back to Nantucket man; Says town erred when taking land in 1968 case."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 07:50 AM by Howard Bashman

"City To Battle at High Court Over Special Education": Today in The New York Sun, Joseph Goldstein has an article that begins, "The federal government is siding against New York City in a case before the U.S. Supreme Court that parents of children with disabilities are watching closely. The case is likely to set standards for when localities must reimburse parents for private school tuition for students with a range of disabilities."
Posted at 07:44 AM by Howard Bashman

"Court Ruling Could Impede Seizure of Terror Funds": Today in The New York Sun, Josh Gerstein has an article that begins, "A lawyer for victims of terrorism is decrying a new federal appeals court ruling that could delay or even prevent private litigants from seizing funds belonging to terrorist groups."

You can access Wednesday's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 07:40 AM by Howard Bashman

"The Supreme Court's Problematic Use of Precedent Over the Past Term: Why Overruling or Refashioning May, In Some Cases, Be Better than Selective Interpretation." Vikram David Amar has this essay online today at FindLaw.
Posted at 07:35 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links'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




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


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




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


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


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


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

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


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

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


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


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



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


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog