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Thursday, August 03, 2006 "'Indecency' Debate To Play Out In Series Of Appeals Court Battles": National Journal provides this report. Posted at 10:58 PM by Howard Bashman In Friday's edition of The New York Times: An article will report that "DeLay Stays on Ballot, Judges Rule." And Adam Liptak will have an article headlined "Prison Disciplines Inmate Who Paints With M&M’s." Liptak's earlier article on this subject, published July 21, 2006, was headlined "Behind Bars, He Turns M&M’s Into an Art Form." "Against All Odds: Antigua Besting U.S. in Internet Gambling Case at WTO." The Washington Post on Friday will contain an article that begins, "Locked in a federal prison in the Nevada desert, tortured by the distant lights of the Las Vegas strip, Jay Cohen couldn't stop thinking about getting even with the government that had put him away -- and his revenge fantasy had a unique twist." Posted at 10:32 PM by Howard Bashman Available online from law.com: Tony Mauro reports that "Secrets Revealed in New Roberts Biography." In other news, "Pentagon GC's Bid for 4th Circuit Seat Threatened; William Haynes is taking heat for his stance on Guantanamo interrogation policy." An article reports that "Calif. Supremes Wait for Smoke to Clear Over Punitive Damages." And Shannon P. Duffy reports that "Holocaust Survivor Loses Bid to Sue German Companies." "Why So Few Minority Women Stay at Law Firms": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 10:02 PM by Howard Bashman "Judges indicate they will draw their own congressional map": The San Antonio Express-News provides this update. And The Austin American-Statesman provides a news update headlined "Court hears redistricting plans; Presiding judge suggests redrawing map doesn't have to hurt incumbents." "Critics Say Library Case 'Overcensored'": The Associated Press provides this report. Posted at 09:02 PM by Howard Bashman "DeLay ballot issue heads for Court": At "SCOTUSblog," Lyle Denniston has a post that begins, "The head of the Texas Republican Party, seeking to clear a space on the November election ballot for a new GOP candidate for the House of Representatives, announced plans Thursday to file an appeal to the Supreme Court on an expedited basis, after the Fifth Circuit Court kept former Rep. Tom DeLay on the ballot." The Fifth Circuit's opinion issued today is now available over that court's web site at this link. Posted at 08:32 PM by Howard Bashman First Circuit sets aside $950,000 defamation judgment in favor of a former assistant state's attorney in Maryland and against The Boston Phoenix: At issue was whether the federal district court properly determined that the plaintiff was a private figure and not a public official for libel-law purposes. You can access at this link today's ruling, which will necessitate a new trial. Posted at 05:00 PM by Howard Bashman "Ninth Circuit Orders Officials to Allow Sikh Group to Build Temple; Panel Says Sutter County 'Substantially Burdened' Religious Freedom by Repeatedly Denying Permit": Yesterday's edition of Metropolitan News-Enterprise contained this article. Yesterday's edition of The Appeal-Democrat of Marysville-Yuba City, California contained an article headlined "Sikh temple wins in court." And today in The San Francisco Chronicle, Bob Egelko reports that "Sikhs can build rural temple." My earlier coverage appears at this link. "Further energy refunds possible; Appeals court says federal limit was issued in error": Bob Egelko has this article today in The San Francisco Chronicle. The San Diego Union-Tribune reports today that "U.S. court raps FERC, paves way for refunds; $1 billion at issue from 2000-01 energy crisis." The Sacramento Bee contains an article headlined "Split energy crisis ruling; Court says state may pursue $900 million in refunds but takes $1.8 billion off table." And The Contra Costa Times reports that "Court urges power refunds; Ninth Circuit attacks the FERC's position it could not demand money from generators, traders over 2001 energy crisis." "Initial Thoughts on Fifth Circuit Ruling Unanimously Upholding District Court Decision Preventing Texas Republican Party from Naming a Replacement for Tom DeLay on the Ballot": Rick Hasen has this post at his "Election Law" blog. Posted at 04:10 PM by Howard Bashman "Blawgging at Big Law Firms": That's the title of this week's broadcast (recorded yesterday) of "Coast to Coast" on the Legal Talk Network. Guests on the program were Denise Howell of the "Bag and Baggage" blog, Ernie Svenson of the "Ernie the Attorney" blog, and me. You can listen to the broadcast by clicking here (Windows Media Player format). Posted at 03:45 PM by Howard Bashman "Legal Battle over an Anti-War T-Shirt": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." Posted at 03:44 PM by Howard Bashman Under Illinois law, an insurer's duty to indemnify may arise even in the absence of any duty on the insurer's behalf to defend a lawsuit against the insured: A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this decision today. Posted at 03:30 PM by Howard Bashman "New Opposition to Efforts to Split the Ninth Circuit; Non-Partisan Opposition to the Right-Wing Ideological Push to Split the Ninth Circuit": The organization Earthjustice today issued a press release that begins, "Today, Earthjustice and more than 100 civil rights, women's rights, disability rights, labor, health, religious, senior, conservation and other national, regional, state and local groups, sent a letter to Senators urging them to oppose S. 1845, 'The Circuit Court of Appeals Restructuring and Modernization Act of 2005,' and other proposals to split the 9th Circuit U.S. Court of Appeals into two or more circuit courts." You can access that letter at this link. And a related document, titled "Ideologically-Based Efforts to Split the 9th Circuit Court of Appeals," is here. Posted at 03:15 PM by Howard Bashman "Court rules GOP can't replace DeLay on ballot": The Houston Chronicle provides this news update reporting on today's ruling of the U.S. Court of Appeals for the Fifth Circuit. In other early coverage, The Austin American-Statesman provides a news update headlined "DeLay must stay on congressional ballot; Appeals court upholds lower court's ruling." And The Associated Press reports that "Court Rules DeLay's Name Stays on Ballot." "A Courthouse Sprouts Curves and Color; Fanciful Annex to Federal Structure Is Nearly Finished": The Washington Post today contains an article that begins, "The architect Michael Graves has brought a sense of whimsy to the least whimsical of places: a federal courthouse." Posted at 02:45 PM by Howard Bashman "Court Nixes Verdict Against Beer Vendor": From New Jersey, The Associated Press provides a report that begins, "An appeals court on Thursday overturned a landmark $105 million verdict against a stadium vendor that sold beer to a drunken fan who later paralyzed a girl in an auto wreck." You can access at this link today's ruling of the Superior Court of New Jersey, Appellate Division. "Texas Defends New Congressional Map": The Associated Press provides this report. Posted at 01:38 PM by Howard Bashman Recognizing "Location Unrecognized": As first noted in this post from yesterday, yesterday's Ninth Circuit ruling in PUC v. FERC provided the location of oral argument as "Panel Location Unrecognized." Today a reader emails the oral argument calendar for that case, which establishes that "Location Unrecognized" is in fact the Kroc Institute for Peace & Justice at the University of San Diego. And to think, I had my money riding on Area 51. "At issue in this World War II reparations case is whether a suit seeking additional funds for victims of Nazi-era wrongs is justiciable." So begins a lengthy opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today. Today's opinion proceeds to explain, "Claimants contend German companies owe 'interest' on their payments to a reparations fund created with the substantial involvement of the United States and German governments to benefit Nazi victims or their descendants. The District Court held the claim presented a nonjusticiable political question. We will reverse and remand." "North Dakota law drastically restricts hunting privileges of nonresidents as compared to North Dakota residents. Some of those restrictions have come under attack in this lawsuit as invalid under the United States Constitution." So begins an opinion that the U.S. Court of Appeals for the Eighth Circuit issued today. Today's opinion later explains that "Minnesota filed this action seeking declaratory judgment and to enjoin these hunting laws to the extent they favor North Dakota residents." The caption of the case is State of Minnesota v. John Hoeven, in his Official Capacity as Governor of the State of North Dakota. Today's opinion affirms the district court's rejection of the claims that Minnesota asserted in the lawsuit. Posted at 11:45 AM by Howard Bashman "Working Judge Turns 99": The July 2006 issue of The Third Branch contained an article that begins, "Not every federal judge receives birthday wishes from the President and the Chief Justice of the United States, but Judge Wesley E. Brown is, well, extraordinary. On June 22, he took time from his work in the U.S. District Court for the District of Kansas, to comment about turning 99." My earlier coverage appears at this link. No word yet on whether the Clerk of the Supreme Court of Alabama has called to congratulate the octogenarian. "A wild pitch on eavesdropping": Law Professor Joseph Thai had this op-ed yesterday in The Boston Globe. Posted at 10:54 AM by Howard Bashman "Ex-Bush Aide Makes Plea Deal in Thefts; Claude Allen Might Avoid Jail, Files Show": The Washington Post contains this article today. The Richmond Times-Dispatch reports today that "Claude Allen expected to plead guilty." And The Raleigh News & Observer reports that "Allen, Bush's ex-adviser, will plead guilty to theft." As noted in this earlier Washington Post article, President Bush had nominated Allen to serve on the U.S. Court of Appeals for the Fourth Circuit back in April 2003. The full U.S. Senate, however, never held an up-or-down vote on the nomination. "Senate Committees Hear Guantanamo Testimony": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:20 AM by Howard Bashman "Top Military Lawyers Oppose Plan for Special Courts": This article appears today in The Washington Post. The New York Times reports today that "White House Asks Congress to Define War Crimes." The Los Angeles Times reports that "New Plan Is Proposed for Detainees; The White House offers revised military rules for suspected terrorists' trials; Republican Sens. McCain and Graham remain skeptical." And USA Today reports that "White House renews push for tribunals." "Evolution Fight Shifts Direction in Kansas Vote": The New York Times contains this article today, along with an editorial entitled "The Evolution of Kansas." Posted at 07:22 AM by Howard Bashman "A deal on domestic spying": This editorial appears today in The Chicago Tribune. Posted at 07:20 AM by Howard Bashman "Signing statements: It's a president's right." Law Professors Curtis Bradley and Eric Posner have this op-ed today in The Boston Globe. Posted at 07:18 AM by Howard Bashman "Padilla case said to lack evidence; A federal judge has expressed doubts about the strength of the government's terror conspiracy case against Jose Padilla and others, ordering prosecutors to provide more evidence of alleged violent activities overseas": This article appears today in The Miami Herald. The South Florida Sun-Sentinel reports today that "Trial delayed for Padilla, 2 others suspected in al-Qaida case." And The Associated Press reports that "Judge Delays Padilla Terror Trial." "Fast Ruling Sought in Redistricting Case": The Associated Press provides a report that begins, "With an election just around the corner, a three-judge federal panel was set Thursday to hear arguments about how to redraw southwest Texas congressional districts to restore minority voting power." Posted at 06:58 AM by Howard Bashman In today's edition of The Wall Street Journal: An article headlined "Alltel Spoofs Itself in Online Ads, But Not Everyone Gets the Joke" (free access) begins, "In advertisements on hundreds of blogs, visitors are being encouraged to join a lawsuit against Alltel Corp. over a new discount-calling plan from the regional cellphone company." This particular Blogad can now be viewed here at "How Appealing" by simply scrolling to the Blogads box located in the right-hand column of this page. Today's newspaper also contains an article headlined "Federal Judges May Get Tax Relief on Stock Sales" (free access). "Sack's Sagacity": The New York Sun today contains an editorial that begins, "The New York Times is weighing whether to appeal a decision of the judges who ride the Second United States Circuit that opens the way for a federal prosecutor to get a look at records of the newspaper's phone calls." Posted at 06:45 AM by Howard Bashman  
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