How Appealing

Tuesday, September 19, 2006

"Justice Sandra Day O'Connor dedicates Elon law school": Elon University in North Carolina issued this news release today. You can access audio of a portion of Justice O'Connor's remarks by clicking here.

News 14 Carolina provides a video report (Windows Media Player required).

And The Associated Press reports that "O'Connor encourages Elon students to defend judiciary."
Posted at 09:05 PM by Howard Bashman



"Florida to execute killer despite debate": Reuters provides a report that begins, "Florida is scheduled to execute a man on Wednesday, whose case touched off a round of legal battles over the use of lethal injection to kill criminals. If the U.S. Supreme Court does not issue another stay, Clarence Hill, 48, will be put to death for the 1982 murder of a Pensacola police officer."
Posted at 08:54 PM by Howard Bashman


In today's edition of The Newark (N.J.) Star-Ledger: The newspaper contains an article headlined "No transfer by race in fire department; Federal court rebuffs Newark." My earlier coverage appears at this link.

And in other news, "Med student charged in theft from cadaver; UMDNJ grad accused of giving hand to exotic dancer."
Posted at 08:45 PM by Howard Bashman



The Associated Press is reporting: In news from Washington State, "Three seats on the state Supreme Court up for grabs."

And an article reports that "Nevada high court reacts to judicial misconduct reports."
Posted at 08:42 PM by Howard Bashman



"Just how far can CIA interrogators go? Defining limits on 'alternative' interrogation methods is major concern of key US lawmakers." This article will appear Wednesday in The Christian Science Monitor.
Posted at 06:08 PM by Howard Bashman


"Rulings Mean Shift Toward Accountability": law.com's Tony Mauro provides a news update that begins, "Responding to complaints about judicial junkets and conflicts of interest, the Judicial Conference on Tuesday enacted new rules to force judges to use conflict-checking software and to promptly disclose their participation in privately sponsored seminars for which they are reimbursed."
Posted at 06:05 PM by Howard Bashman


"Judicial term limits ripped; Ex-governors, Owens slam idea; A leading supporter of Amendment 40 dismisses critics from both parties as 'political insiders'": The Denver Post today contains an article that begins, "Colorado's three living former governors and its current chief executive say they oppose a November ballot initiative that would term-limit state Supreme Court justices and Court of Appeals judges."

And The Rocky Mountain News today reports that "Owens, 3 former guvs rip plan for judges."
Posted at 06:03 PM by Howard Bashman



"Responding to Hamdan: Crafting Legislation to Prosecute Terrorist War Criminals and Preserve Valuable Interrogations." The U.S. Senate's Republican Policy Committee issued this policy paper today.
Posted at 05:55 PM by Howard Bashman


"Federal Judges Step Up Disclosure": The Associated Press provides a report that begins, "Federal judges decided Tuesday to require faster and fuller disclosure of their expense-paid trips, a response to criticism that the travel could undermine the public's faith in an impartial judiciary."

My earlier post on this subject appears here.
Posted at 05:05 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Risks of Redefining Conventions on POW Treatment" (featuring Dahlia Lithwick) and "Torture Case Puts Spotlight on U.S. Extraditions." RealPlayer is required to launch these audio segments.
Posted at 03:40 PM by Howard Bashman


Access online the statement of U.S. Senator Patrick J. Leahy (D-VT), ranking Democratic member of the Senate Judiciary Committee, prepared for delivery at today's Special Executive Business Meeting: You can access the statement at this link. The statement appears to contain good news for a certain Third Circuit nominee but not such good news for a certain D.C. Circuit nominee.
Posted at 03:30 PM by Howard Bashman


No Muppets were harmed in the filming of this appellate court opinion: At "Above the Law," David Lat comments here on today's Seventh Circuit ruling in Piggee v. Carl Sandburg College.

And Paul Mollica comments on the ruling at "Daily Developments in EEO Law."

My earlier coverage appears at this link.
Posted at 03:25 PM by Howard Bashman



"Gonzales Wants ISPs to Save User Data": The Associated Press provides a report that begins, "Attorney General Alberto Gonzales said Tuesday that Congress should require Internet service providers to preserve customer records, asserting that prosecutors need them to fight child pornography."
Posted at 02:28 PM by Howard Bashman


Divided three-judge Ninth Circuit panel holds that San Diego County's welfare eligibility program, requiring all welfare applicants to consent to a warrantless home visit as a condition of eligibility, does not violate applicants' rights under the United States Constitution, the California Constitution, or California welfare regulations prohibiting mass and indiscriminate home visits: To quote the first paragraph of the majority opinion slightly out of context, the Ninth Circuit holds that the policy "100% does not violate the United States Constitution, the California Constitution, or California welfare regulations." You can access today's ruling at this link.
Posted at 02:22 PM by Howard Bashman


"Ninth Circuit Decides Padilla v. Lever, Holding 14-1 That Recall Petitions (and likely Initiative Petitions) Need Not Be Translated to Comply with Language Provisions of the Voting Rights Act": At his "Election Law" blog, Rick Hasen has this post about today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:15 PM by Howard Bashman


"Press Release Regarding the Judicial Conduct and Disability Study Committee Report": The Public Information Office of the Supreme Court of the United States issued this press release today.

The so-called "Breyer Committee" report can be accessed here.

At "SCOTUSblog," Lyle Denniston covers the report's release in this post.
Posted at 02:10 PM by Howard Bashman



"Conference Moves to Enhance Judges' Accountability, Ethical Compliance": The Administrative Office of the U.S. Courts issued this news release today.

The news release begins, "The Judicial Conference of the United States today approved two policies aimed at aiding and enhancing judges' compliance with established ethical obligations. The Conference voted to require all federal courts to use conflict-checking computer software to identify cases in which judges may have a financial conflict of interest and should disqualify themselves. It also approved a new policy requiring greater disclosure by both those who provide privately funded educational programs for judges and the judges who attend such programs."

The policy requiring greater disclosure by both those who provide privately funded educational programs for judges and the judges who attend such programs can be accessed here. And the Mandatory Conflict Screening Policy can be accessed here.
Posted at 02:02 PM by Howard Bashman



"In September 2002, Martha Louise Piggee, who was then a part-time instructor of cosmetology at Carl Sandburg College, gave a gay student two religious pamphlets on the sinfulness of homosexuality." So begins an opinion that the U.S. Court of Appeals for the Seventh Circuit issued today.

The opinion continues, "The student was offended and complained to college officials. After the college looked into the matter, it found that Piggee had sexually harassed the student. It admonished her in a letter to cease such behavior, and the following semester it chose not to retain her." Thereafter, Piggee filed a federal civil rights lawsuit against the college, the members of its board of trustees, and various college administrators, including one "whose offense was to clean out Piggee's refrigerator and throw away her noodles at some point during the spring of 2003."

Today's ruling affirms the federal district court's entry of summary judgment in favor of the defendants.
Posted at 12:30 PM by Howard Bashman



Dear en banc Third Circuit, Booker eliminates the rationale for Kikumura: So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, in an opinion by Circuit Judge Richard A. Posner. Judge Posner's opinion issued today notes that the Third Circuit itself has recently overruled Kikumura, but Judge Posner's opinion fails to note that the decision overruling Kikumura was itself vacated when the Third Circuit granted rehearing en banc in that case.

As for what's up with Yu Kikumura himself, this recent earlier post provides some details.
Posted at 12:10 PM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Western Voters Consider Property Rights Changes"; "President Haggles with Senators Over Detainee Treatment"; and "Canada Finds Citizen Improperly Sent by U.S. to Syria" (RealPlayer required).
Posted at 11:00 AM by Howard Bashman


The Tennessean is reporting: Today's newspaper contains articles headlined "Selection of new high court justice headed to court; Governor is suing judicial commission for 'game playing'" and "Holton gets execution reprieve; High court upholds judges' stay; killer files own last-minute petition."
Posted at 10:12 AM by Howard Bashman


"Judge Real Is Set to Testify in Washington; Federal Jurist, 81, Faces GOP Calls for Impeachment": Lawrence Hurley and Drew Combs have this article today in The Daily Journal of California.

I wrote about this dispute back in May 2006 in an installment of my law.com "On Appeal" column headlined "Exaggerations Plague Debate Over Need for Judicial Inspector General."
Posted at 08:40 AM by Howard Bashman



"Bush offers concession on terror suspects' rights": This article appears today in The Washington Times.

The Los Angeles Times reports today that "McCain Stand Comes at a Price; Battling Bush over rules for detainee treatment, senator jeopardizes his courtship of the right."

The Washington Post contains articles headlined "McCain's Stand On Detainees May Pose Risk For 2008 Bid; Opposition to Bush Could Alienate Republican Base" and "Bush Detainee Plan Adds to World Doubts Of U.S., Powell Says; Ex-Secretary of State Defends Conventions." In addition, columnist Eugene Robinson has an op-ed entitled "Torture Is Torture: Bush's 'Program' Disgraces All Americans," while columnist Richard Cohen has an op-ed entitled "Time for Integrity: McCain Should Stick to His Principles."

USA Today contains an editorial entitled "Rules for interrogating terrorists? Yes. Torture? No. Ask those who know firsthand: Geneva Conventions matter." And John D. Negroponte has an op-ed entitled "Support U.S. intelligence: Clarifying our treaty obligations would not harm nation's troops."

Finally, online at OpinionJournal, Brendan Miniter has an essay entitled "When Miranda Met Osama: Will terrorists get lawyers the moment they're captured on the battlefield?"
Posted at 08:27 AM by Howard Bashman



"State court revives teen abortion law; 1995 act was on hold because of legal wrangling": The Chicago Tribune today contains an article that begins, "In a victory for those seeking stricter limits on abortion, the Illinois Supreme Court decided Monday to revive a long-dormant state law that prohibits minors from obtaining abortions without notifying a parent."
Posted at 08:20 AM by Howard Bashman


"Journalist held in contempt ordered back to jail": The Associated Press provides a report from San Francisco that begins, "A freelance video journalist who has refused a federal grand jury's subpoena to turn over his footage of a political protest will return to jail, after an appeals court ordered his bail revoked."

And The San Francisco Chronicle reports today that "Bail revoked for journalist in contempt case."
Posted at 08:02 AM by Howard Bashman



"A Jurist's Argument for Bending the Constitution": This review, by Michiko Kakutani, of Seventh Circuit Judge Richard A. Posner's book "Not a Suicide Pact: The Constitution in a Time of National Emergency" appears today in The New York Times.
Posted at 07:55 AM by Howard Bashman


"Judicial Politics Run Amok": The New York Times today contains an editorial that states, "Today's round of judicial elections in Washington State points to the seriousness of the problem and its threat to judicial integrity, independence and impartiality."
Posted at 07:45 AM by Howard Bashman


"U.S. court stays Wecht trial": This article, in which I am quoted, appears today in The Pittsburgh Tribune-Review.

And The Pittsburgh Post-Gazette reports today that "U.S. appeals court freezes Wecht's trial; Considers request from ex-coroner to remove judge."
Posted at 06:40 AM by Howard Bashman



"Two More State Supreme Courts Uphold Grandparent Visitation Laws - Despite the Supreme Court's Holding that They Can Be Unconstitutional": Joanna Grossman has this essay online today at FindLaw.
Posted at 06:38 AM by Howard Bashman


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