How Appealing

Friday, August 11, 2006

Available online from law.com: An article is headlined "'Super Lawyers' Still Soar in Georgia; While New Jersey restricts 'Super' lawyer ads, Georgia rule is not so strict."

And the brand new installment of my "On Appeal" column is headlined "A Look Ahead to First Oral Arguments of New Supreme Court Term."
Posted at 11:33 PM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Surveillance lawsuits transferred to judge skeptical of Bush plan" and "Wastewater in pond ruled illegal."
Posted at 11:25 PM by Howard Bashman


"Indians Once Again Challenge Redskins Name; Ruling Sought on Whether Term Is Disparaging Enough for Team to Lose Trademark": This article will appear Saturday in The Washington Post.
Posted at 11:18 PM by Howard Bashman


"Court Tosses Suit Against James Brown": The Associated Press provides this report. My earlier coverage appears here.
Posted at 09:25 PM by Howard Bashman


"Original Intent and the Copyright Clause: Eldred v. Ashcroft Gets it Right." Law Professor Craig W. Dallon has this article (abstract with links for download) online at SSRN (via "Legal Theory Blog").
Posted at 04:45 PM by Howard Bashman


"Evidence Tampered With in Wone Murder Case, Police Say; Police Comb Law Firm for Clues in Murder": Legal Times provides this news update (free access).

In earlier coverage, The Washington Post has published articles headlined "Lawyer Killed In Stabbing At Rowhouse In Northwest" and "Killer Targeted Lawyer, Police Say; Assailant Used Butcher Knife in Rowhouse Near Dupont Circle."
Posted at 04:32 PM by Howard Bashman



"Constitutional limits on federal power found in the Commerce Clause lead the Eleventh Circuit to overturn another child pornography conviction": That was the title of this "How Appealing" post from March 18, 2005 reporting on a decision the U.S. Court of Appeals for the Eleventh Circuit issued that day.

Between then and now, the Supreme Court of the United States vacated the Eleventh Circuit's judgment in that case and remanded the case for reconsideration in light of the Supreme Court's ruling in Gonzalez v. Raich.

Based on Raich, today the same three-judge Eleventh Circuit reverses course and rejects the defendant's challenges to his convictions for producing and possessing child pornography. You can access today's ruling at this link.
Posted at 03:10 PM by Howard Bashman



U.S. District Court for the District of Columbia rejects lawsuit alleging that the Deficit Reduction Act of 2005 failed to become law because it was not, in fact, passed by the House and Senate in the same form, as mandated by the bicameral requirement of Article I, Sections 1 and 7 of the United States Constitution: You can access today's ruling at this link, while the district court's order dismissing the case is here. The basis for today's ruling was the "enrolled bill" rule of Marshall Field & Co. v. Clark, 143 U.S. 649, 672 (1892).
Posted at 02:55 PM by Howard Bashman


"You [and each of you] do swear by Almighty God, the Searcher of all hearts, that the evidence you shall give this court [and Jury] in this issue now being tried shall be the truth, the whole truth, and nothing but the truth and as you shall answer to God on the last great day." That is the traditional oath some Pennsylvania state trial courts require witnesses to take before offering testimony. More information about that oath can be found in an article headlined "Truthfully, our court oath is elaborate" published yesterday in The Pittsburgh Post-Gazette (via "Religion Clause").
Posted at 02:45 PM by Howard Bashman


Three-judge Ninth Circuit panel affirms Circuit Judge Alex Kozinski's ruling, while he was sitting by designation on the U.S. District Court for the Central District of California, that rejected a criminal defendant's challenge to the validity of a warrant to search a computer and storage media for evidence that the defendant possessed pornographic images of children: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:35 PM by Howard Bashman


"Au-Tomotive Gold, Inc. argues that, as used on its key chains and license plate covers, the logos and marks of Volkswagen and Audi are aesthetic functional elements of the product--that is, they are 'the actual benefit that the consumer wishes to purchase'--and are thus unprotected by the trademark laws." Incredibly, an Arizona-based federal district judge agreed with this argument, but today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reverses in an opinion that you can access here.

Today's opinion explains: "Accepting Auto Gold's position would be the death knell for trademark protection. It would mean that simply because a consumer likes a trademark, or finds it aesthetically pleasing, a competitor could adopt and use the mark on its own products."
Posted at 02:25 PM by Howard Bashman



"Seventh Circuit holds ex post facto no longer applicable to guideline changes after Booker": The "Sentencing Law and Policy" blog provides this post about an interesting opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 02:22 PM by Howard Bashman


"Court Upholds NYC Subway Searches": The Associated Press provides a report that begins, "A federal appeals court Friday upheld the constitutionality of the city's random police inspections of subway riders' bags."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:15 PM by Howard Bashman



"Judge: Fletcher can't be prosecuted while in office." The Louisville Courier-Journal provides a news update that begins, "Gov. Ernie Fletcher cannot be prosecuted on political patronage charges until he is either impeached or out of office, a judge ruled Friday."

The Lexington Herald-Leader provides a news update headlined "Judge blocks prosecution of Fletcher."

And The Associated Press reports that "Judge Rules Ky. Gov. Can't Be Prosecuted."
Posted at 11:54 AM by Howard Bashman



"Unmarried couple sue Black Jack over occupancy permit denial": The St. Louis Post-Dispatch today contains an article that begins, "An unmarried couple and their three children, who were denied an occupancy permit in Black Jack because they failed to meet the city's definition of family, are taking their fight to court."

And The Associated Press reports that "Unmarried Couple Sues for Housing Permit."

A copy of the petition initiating suit in a Missouri state court can be accessed here.
Posted at 11:50 AM by Howard Bashman



"Same-sex marriage ban stays on ballot; Judge rules proposed amendment doesn't violate 'single-subject rule'": The Arizona Republic contains this article today.
Posted at 10:05 AM by Howard Bashman


"IBM Wins Case Involving Pension Change": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." My earlier coverage appears here and here.
Posted at 09:02 AM by Howard Bashman


"5 judges turn down case of Dormont man": This front page article, in which I am quoted, appears today in The Pittsburgh Tribune-Review.
Posted at 08:48 AM by Howard Bashman


Available online from law.com: An article reports that "2nd Circuit Revives Claims Over Bank Funds Stolen in Lawyer's Ponzi Scheme."

And in other news, "Teen Sues Mother for ID of Father; Child wants history of family illness; fear of 'opening the floodgates.'"
Posted at 08:45 AM by Howard Bashman



"Lobbyists to Stand Trial in Spy Case; A judge rejects the arguments of pro-Israel activists charged under a 1917 espionage law with conspiring to obtain U.S. secrets": This article appears today in The Los Angeles Times.

Today in The New York Times, Neil A. Lewis reports that "Lobbyists Lose Bid to Dismiss Secrets Case."

And in The New York Sun, Josh Gerstein reports that "Aipac Judge Throws Out First Amendment Claim."

You can access Wednesday's ruling of the U.S. District Court for the Eastern District of Virginia at this link.
Posted at 07:25 AM by Howard Bashman



"Advocates vow fight as Cuban Five lose ruling; Advocates for the Cuban Five criticized a court's ruling that the defendants received a fair trial in Miami and vowed to fight, while federal prosecutors praised the judge in the case": The Miami Herald contains this article today.

And The Chicago Tribune reports today that "Cuba angry over ruling by U.S. court in spy case."

My earlier coverage appears at this link.
Posted at 07:20 AM by Howard Bashman



"A Trial Lawyer by Any Other Name: The Assn. of Trial Lawyers Consults Orwell on Re-branding." This editorial appears today in The Los Angeles Times.
Posted at 07:15 AM by Howard Bashman


"Flier Distribution Policy Is Ruled Unconstitutional": The Washington Post today contains an article that begins, "A federal appeals court ruled yesterday that the Montgomery County public schools' policy for distributing fliers by community groups is unconstitutional because it gives school officials unlimited power to approve or reject materials."

My earlier coverage appears at this link.
Posted at 07:10 AM by Howard Bashman



"Labor Agreement Is a First for Immigration Judges": The Washington Post today contains an article that begins, "After seven years of negotiations, the Justice Department and a union representing 218 immigration judges signed their first collective-bargaining agreement yesterday."
Posted at 07:08 AM by Howard Bashman


"A Wall Street Rush to Patent Profit-Making Methods": This article appears today in The New York Times.
Posted at 07:03 AM by Howard Bashman


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