How Appealing

Friday, September 19, 2008

"After Va.'s Losses In Court, a Flurry Of Finger-Pointing": Saturday's edition of The Washington Post will contain an article that begins, "The Virginia Supreme Court's rejection of an anti-spam law is the state's latest high-profile legal defeat, a string of losses that some lawyers see as coincidental but others say reflects the General Assembly's willingness to pass aggressive measures that are more likely to face a constitutional challenge."
Posted at 11:58 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "ACLU asks high court to hear enemy combatant case"; "Pentagon moves Gitmo legal official amid criticism"; and "Transsexual wins federal discrimination lawsuit" (access today's ruling of the U.S. District Court for the District of Columbia at this link).
Posted at 05:32 PM by Howard Bashman

That's why they call it the "long conference": Late yesterday, "SCOTUSblog" posted this lengthy list of "Petitions to Watch" at the U.S. Supreme Court's conference of September 29, 2008. There are certainly some interesting cases on that list.
Posted at 02:20 PM by Howard Bashman

"President's domestic detention power tested": At "SCOTUSblog," Lyle Denniston has a post that begins, "Lawyers for the only detainee seized by the military inside the U.S. and still in captivity urged the Supreme Court on Friday to rule that no federal law and no part of the Constitution allows the President to order such detentions."

You can access the petition for writ of certiorari filed today in Al-Marri v. Pucciarelli by clicking here.
Posted at 02:10 PM by Howard Bashman

"Cable, led by Cablevision, mulls network DVR": The Associated Press provides this appellate-related report.
Posted at 01:40 PM by Howard Bashman

Krazy khat: The U.S. Court of Appeals for the Second Circuit issued this interesting opinion today addressing what the federal government must prove to subject a criminal defendant to a lengthy prison term on a conviction for possessing khat.
Posted at 11:00 AM by Howard Bashman

"You Tube taser video: The 11th Circuit should be ashamed." At her blog "Ride The Lightning," attorney Sharon Nelson today has a post that begins, "My brother is a cop. I am part of the extended family of cops who worry constantly about what might happen to the person in uniform that they love. But there's no free pass for being a cop -- no 'get out of jail' free card when you abuse the Constitution. And when an appellate court of the United States sanctions that conduct, I start to hear Nero fiddling while Rome burns."
Posted at 10:50 AM by Howard Bashman

Is a suspect's ostensibly admitting to having engaged in child molestation sufficient, without more, to establish probable cause to search that suspect's home for child pornography? In a ruling issued today, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit answers "no."
Posted at 10:15 AM by Howard Bashman

"Agency and Bush Are Sued Over Domestic Surveillance": The New York Times contains this article today.

And yesterday, the organization Electronic Frontier Foundation issued a news release headlined "EFF Sues NSA, President Bush, and Vice President Cheney to Stop Illegal Surveillance; New Legal Challenge to Unconstitutional Domestic Spying." You can access the complaint initiating suit by clicking here.
Posted at 10:09 AM by Howard Bashman

"Anthrax Suspicions: Why an independent look at the FBI probe is essential." This editorial appears today in The Washington Post.
Posted at 09:58 AM by Howard Bashman

"Taser keeps attackers, liability lawsuits at bay": The St. Petersburg Times contains this article today.
Posted at 09:50 AM by Howard Bashman

"Stripper's private dancing lands DeKalb lawyer in hot water; State commission suspends him 15 months for accepting nude dances as partial payment for her legal fees, report says": This article appears today in The Chicago Tribune.
Posted at 09:45 AM by Howard Bashman

"Nichols' team balks over forensic expert": The Atlanta Journal-Constitution today contains an article that begins, "Brian Nichols is accused of murdering four people after escaping from a Fulton County Courthouse holding cell during his rape trial in 2005. In one of those deaths, the only living witness to the killing is Nichols himself. And prosecutors have an expert who says that they don't buy Nichols' version of events in the shooting death of David Wilhelm, an off-duty U.S. Customs agent."
Posted at 09:20 AM by Howard Bashman

"Gun Lobby First": Today's edition of The New York Times contains an editorial that begins, "The House stampeded past serious public safety concerns and the democratic rights of residents of the District of Columbia on Wednesday to approve a bill that would gut sensible gun controls in the nation's capital."
Posted at 08:45 AM by Howard Bashman

"Wecht lawyers want to petition high court": The Pittsburgh Post-Gazette today contains an article that begins, "Attorneys for former Allegheny County Coroner Dr. Cyril H. Wecht have requested a stay from the 3rd U.S. Circuit Court of Appeals so they can petition the U.S. Supreme Court to consider their client's case."

And today in The Pittsburgh Tribune-Review, Jason Cato reports that "Wecht seeks to appeal case to U.S. Supreme Court."
Posted at 08:37 AM by Howard Bashman

"Task force named for judge inquiry; Jurist Porteous is facing impeachment": This article appears today in The Times-Picayune of New Orleans.
Posted at 08:22 AM by Howard Bashman

Take that, Seventh Circuit! Today in The New York Sun, Josh Gerstein has an article headlined "A Nadler Bill Would Legalize Mezuzahs."

The article begins, "Under legislation just introduced in Congress, residents of condominiums and co-ops would be guaranteed the right to post religious displays, such as the mezuzahs installed by observant Jews, outside apartment doors. The bill, formally proposed on Wednesday by Rep. Jerrold Nadler of New York, would effectively overturn a federal appeals court's ruling in July that a condominium board in Chicago had the right to remove mezuzahs that a building resident repeatedly posted."

You can view the text of the proposed "Freedom of Religious Expression in the Home Act of 2008" by clicking here.

My earlier coverage of the Seventh Circuit's ruling, which issued on July 10, 2008, appears at this link.
Posted at 08:15 AM by Howard Bashman

"Mistaken Authority: Congress should say no to Bush's last-gasp bid for more executive power." Neal Katyal and Justin Florence have this jurisprudence essay online at Slate.
Posted at 08:05 AM by Howard Bashman

"In the Founders' own words": Justice Don R. Willett of the Supreme Court of Texas had this op-ed last Friday in The Austin American-Statesman.
Posted at 07:58 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