How Appealing

Thursday, September 06, 2007

The White House today announced two nominations for the U.S. Court of Appeals for the Fourth Circuit: The nominees are E. Duncan Getchell, Jr., of Virginia; and Steve A. Matthews, of South Carolina.

In early news coverage, The Associated Press reports that "Webb expresses frustration with Bush's nomination for 4th Circuit Court."
Posted at 11:12 PM by Howard Bashman



"Judge Invalidates Patriot Act Provisions; FBI Is Ordered to Stop Data-Collection Tactic": This front page article will appear Friday in The Washington Post.

In Friday's issue of The New York Times, Adam Liptak will have an article headlined "Judge Voids F.B.I. Tool Granted by Patriot Act."

And law.com reports that "Federal Judge Rules Unconstitutional Parts of Patriot Act."

You can access today's ruling of the U.S. District Court for the Southern District of New York at this link.
Posted at 11:05 PM by Howard Bashman



"Justice Department Official Resigns": The Associated Press provides a report that begins, "Assistant Attorney General Peter D. Keisler, who oversaw the Bush administration's lengthy legal fight over the rights of prisoners at Guantanamo Bay, announced his resignation Thursday as head of the civil division."

The AP report notes that Keisler remains as a nominee to the U.S. Court of Appeals for the D.C. Circuit.

Today's press release from the U.S. Department of Justice can be accessed here.
Posted at 10:57 PM by Howard Bashman



"Judge says rules that snared Fieger unfair": This article appears today in The Detroit Free Press.

My earlier coverage of Tuesday's ruling of the U.S. District Court for the Eastern District of Michigan appears at this link.
Posted at 10:54 PM by Howard Bashman



"Judge reinstates gang-rape lawsuit against CU": The Rocky Mountain News provides an update that begins, "Lisa Simpson cried Thursday when she learned an appeals court revived her lawsuit claiming she and another co-ed were gang-raped at a University of Colorado football recruiting party."

The Denver Post provides a news update headlined "Court lets Simpson suit against CU proceed" that begins, "A lawsuit by two women who claimed they were sexually assaulted at a 2001 party attended by University of Colorado football players and recruits was reinstated today by the U.S. 10th Circuit Court of Appeals. The opinion overturned a ruling by U.S. District Judge Robert Blackburn, who ruled in April 2005 that the two women had not proven that the university was 'deliberately indifferent' to the risk that players and recruits would assault them."

The Boulder Daily Camera provides a news update headlined "Judges: CU had policy of showing recruits 'good time.'"

And The Associated Press reports that "U. of Colo. Sex Assault Lawsuit Revived."

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



"Firing over Web site of nude wife upheld; Police officer not protected by free speech, judges rule": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Arizona Daily Star, Howard Fischer has an article headlined "No job for Chandler cop fired in sex-site case; Appeals court nixes bid to return to work."

Metropolitan News-Enterprise reports today that "Court Rejects Suit by Police Officer Fired for Role in Sex Videos; Ninth Circuit Panel Rebuffs Arizona Man’s First Amendment, Privacy Claims."

And Reuters reports that "Arizona cop loses job over porn."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 06:38 PM by Howard Bashman



Third Circuit sees potential merit in poultry workers' lawsuit alleging that Tyson Foods, Inc. violated the Fair Labor Standards Act in failing to pay the workers for time they spend "donning and doffing," as well as washing, their work gear: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 06:30 PM by Howard Bashman


"Legal groups putting God on the docket; Christian advocacy is flourishing as new law field for faithful": This article appeared yesterday in The Chicago Tribune.
Posted at 06:25 PM by Howard Bashman


"Court rules on Mojave cross": The Press-Enterprise of Riverside, California provides a news update that begins, "An appellate court today upheld a federal judge's 2005 ruling that a proposed land-swap to preserve a Christian cross located in a remote area of the Mojave National Preserve violates the separation of church and state."

And The Associated Press reports that "Appeals court again rules against Mojave cross."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 06:18 PM by Howard Bashman



Oral argument becomes somewhat more difficult to obtain in the Second Circuit: While I was away on vacation last week, that federal appellate court issued this order.
Posted at 01:18 PM by Howard Bashman


"Judge rules groups that pushed Prop 2 can't intervene in affirmative action case": The Detroit News provides an update that begins, "The group that backed Michigan's ballot drive that banned affirmative action in much of the public sector may not intervene in a court case challenging the constitutionality of the ban, a federal appeals court ruled today."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 01:15 PM by Howard Bashman



"Judge Strikes Down Part of Patriot Act": The Associated Press provides a report that begins, "A federal judge struck down parts of the revised USA Patriot Act on Thursday, saying investigators must have a court's approval before they can order Internet providers to turn over records without telling customers."
Posted at 01:12 PM by Howard Bashman


"May the payor of a bribe to a state official conspire with that official to extort property from himself in violation of the Hobbs Act?" A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit answered that question "no" in an opinion issued today. Circuit Judge Jeffrey S. Sutton is the opinion's author.
Posted at 01:08 PM by Howard Bashman


Programming note: I am traveling to Atlanta this morning, where tomorrow I'll be speaking at the Federal Bar Association Annual Meeting and Convention. Additional posts will appear later today.
Posted at 06:20 AM by Howard Bashman



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