How Appealing

Friday, September 29, 2006

"Detainee Bill Shifts Power to President": Scott Shane and Adam Liptak will have this news analysis Saturday in The New York Times.
Posted at 10:30 PM by Howard Bashman


McClatchy Newspapers are reporting: Stephen Henderson has an article headlined "Abortion, race, environment on Supreme Court's agenda."

And an article reports that "Detainee law may not provide total immunity for CIA interrogators."
Posted at 10:25 PM by Howard Bashman



Available online from Georgetown University Law Center: A news release headlined "Fair and Independent Courts: A Conference on the State of the Judiciary" begins, "On September 28, Georgetown University Law Center welcomed retired Justice Sandra Day O'Connor, six sitting Supreme Court justices, and hundreds of other nationally recognized leaders in law, government, business, journalism, academia and the nonprofit sector when it hosted and co-sponsored a unique two-day conference that addressed the independence of the nation's courts."

You can access the conference program, with links to video of various presentations, at this link.

And on Monday of this week, Georgetown Law hosted a program entitled "Georgetown Law Supreme Court Institute Annual Press Briefing" (providing links to video and audio of the briefing).
Posted at 10:22 PM by Howard Bashman



"Military Trials to Affect Few Detainees": The Associated Press provides this report.
Posted at 09:10 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Congress Gives Final OK to Detainee Bill"; "Bill Lets U.S. Citizens Be Held as Enemy Combatants"; and "Mass. Judge: Out-of-State Gay Couple Can Marry" (RealPlayer required).
Posted at 09:05 PM by Howard Bashman


"The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights." Law Professor Lawrence B. Solum has this essay (abstract with link for download) online at SSRN.
Posted at 05:45 PM by Howard Bashman


In contempt of court appeal brought by personal trainer for Barry Bonds, U.S. Court of Appeals for the Ninth Circuit concludes that the factual findings and record are in one respect not adequate for appellate review: You can access yesterday's non-precedential ruling at this link. The Ninth Circuit has remanded the case to the federal district court for additional proceedings to be conducted within one week of yesterday. Yesterday's ruling also rejected five other claims that the personal trainer was making on appeal.

In related coverage, The Associated Press reports that "Court Grants Feds' Request in Bonds Case."

The opening brief for appellant can be accessed at this link. Yesterday's ruling allowed the federal government to file its Brief for Appellee under seal.
Posted at 05:05 PM by Howard Bashman



The PFAW report's "evaluation of judges in light of their supposedly least hospitable decisions strikes me (even as an employee advocate) as reaching for a predestined conclusion. In the interest of balance, let us give some of the same judges credit for their more progressive employment decisions during the same time period studied." At his "Daily Developments in EEO Law" blog, Paul Mollica today has a post responding to the People For the American Way report that I linked to here earlier today.
Posted at 04:11 PM by Howard Bashman


"Scalia Begins Third Decade on Court": The Associated Press provides this report.
Posted at 02:40 PM by Howard Bashman


"Accessories to Torture": This editorial will appear in the October 16, 2006 issue of The Nation.
Posted at 02:35 PM by Howard Bashman


"Michigan judicial nominees clear U.S. Senate committee": The AP provides this report.
Posted at 02:22 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Gonzales Cautions Judges on Interfering" and "Mass. Judge OKs Marriage for R.I. Gays."
Posted at 12:54 PM by Howard Bashman


"Keep 9th Circuit intact": This editorial appeared yesterday in The Register-Guard of Eugene, Oregon.
Posted at 12:15 PM by Howard Bashman


An appellate ruling that Tom Sawyer would surely admire: Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit has ruled, in an opinion you can access here, that the Fair Labor Standards Act requires the City of Aberdeen, South Dakota to pay overtime wages to firefighters who are scheduled to work more hours than the FLSA permits an employee to work without receiving overtime pay and who succeed in persuading other employees to work those overtime shifts on their behalf.

In other words, if Firefighter A is scheduled to work overtime, but persuades Firefighter B to work those extra hours instead, Firefighter A under today's ruling is nevertheless entitled to recover overtime pay from the City of Aberdeen. Today's opinion explains that "When a substitution occurs, the employer pays the scheduled employee and not the substitute; the amount that the substitute receives is fixed by private agreement between the two employees."

Senior Circuit Judge C. Arlen Beam dissents from what he views as an improper whitewashing of the FLSA's plain language.
Posted at 11:33 AM by Howard Bashman



Just how bad are those George W. Bush-appointed appellate judges? PFAW issues an updated report providing its answer to that question: Yesterday, the organization People For the American Way issued a press release entitled "Bush Judges Confirm Opponents' Fears; Report Documents Impact of Bush-Nominated Appeals Court Judges." You can access the newly updated 102-page report, also issued yesterday, at this link.

Readers of this blog may recall that on January 23, 2004, I linked here to PFAW's 33-page preliminary report bearing a similar title.
Posted at 11:10 AM by Howard Bashman



"Court Allows Workers to Sue Carpet Plant": The Associated Press provides a report that begins, "A federal appeals court ruled Thursday that one of the world's largest carpet makers can be sued under racketeering laws over allegations of hiring thousands of illegal immigrants and depressing wages."

My earlier coverage appears at this link. And, for what it's worth, the ruling in question issued on Wednesday.
Posted at 09:30 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Retired Justice O'Connor Champions Judicial Independence" (featuring Nina Totenberg); "Senate Passes Detainee Rights Bill"; and "Detainee Legislation Gives President New Powers." Real Player is required to launch these audio segments.
Posted at 09:23 AM by Howard Bashman


"Supreme Court Justices Reflect on Judicial Independence": Tuesday's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained an interview (transcript with links to audio and video) with Justices Stephen G. Breyer and Sandra Day O'Connor.
Posted at 08:48 AM by Howard Bashman


Not the one who the ABA says is unanimously unqualified to serve on the Fifth Circuit: Liz Smith reports here that "You can see Mike Wallace talking with Supreme Court Justice Ruth Bader Ginsburg on the CBS Sunday Morning show" this upcoming Sunday.
Posted at 08:45 AM by Howard Bashman


"Bob, bob, bobble along; Baseball stars make good bobbleheads, but you can be one, too": This article appeared Wednesday in The Kansas City Star. And thus we are one step closer to solving the mystery of the John G. Roberts, Jr. bobblehead doll.

And early yesterday east coast time, a Justice Antonin Scalia bobblehead doll sold at auction on eBay for $311.00.
Posted at 08:35 AM by Howard Bashman



One year ago today: As The Associated Press notes here, one year ago today John G. Roberts Jr. was sworn in as the 17th Chief Justice of the United States.

Both one year ago today and one year ago tomorrow, this blog provided extensive coverage.

In somewhat related news, Middlebury College this week issued a news release titled "Chief Justice of the United States John G. Roberts Jr. to speak at Middlebury College Oct. 24."
Posted at 08:32 AM by Howard Bashman



"Q & A with Sandra Day O'Connor": Time.com provides this item.

And The Old Gold & Black, the student newspaper of Wake Forest University, reports that "Justice O'Connor speaks at Wait."
Posted at 08:27 AM by Howard Bashman



"Doctor testifies in defense of execution method; Anesthesiologist doubts reports of extended breathing": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The San Jose Mercury News, Howard Mintz reports that "Doctor details execution dilemma."

And in The Sacramento Bee, legal affairs writer Claire Cooper reports that "Consciousness level key in execution hearing."
Posted at 08:22 AM by Howard Bashman



"House Approves Power for Warrantless Wiretaps": The New York Times contains this article today.

And The Los Angeles Times reports today that "House OKs Expanded Wiretap Program; The bill would allow easier monitoring of e-mails and phone records of U.S. citizens during terror probes."
Posted at 08:17 AM by Howard Bashman



"Senate Approves Detainee Bill Backed by Bush; Constitutional Challenges Predicted": This front page article appears today in The Washington Post. The newspaper also contains a news analysis headlined "Many Rights in U.S. Legal System Absent in New Bill." And a related article reports that "Canadian Police Official Apologizes for Mistakes; Errors Led to Torture of Innocent Man."

Today in The Los Angeles Times, David G. Savage and Richard Simon report that "Legal Battle Over Detainee Bill Is Likely; The Senate approves Bush's plan for military tribunals; Limits on terror suspects' options for appeal could lead to a Supreme Court ruling."

The New York Times reports that "Senate Approves Broad New Rules to Try Detainees."

The Chicago Tribune reports that "Tribunal bill OKd by Senate; Bush's legislative victory comes amid concerns."

The Boston Globe reports that "Senate's passage of detainee bill gives Bush a win; Democrats say GOP capitulated."

And The Washington Times reports that "Senate OKs detainees tribunal bill."
Posted at 08:15 AM by Howard Bashman



"High Tech for High Court: The Supreme Court takes an important step in posting same-day transcripts on the Internet." The Los Angeles Times contains this editorial today.
Posted at 08:05 AM by Howard Bashman


"Ashcroft Is Denied Immunity in Case": This article appears today in The Washington Post. My earlier coverage is at this link.
Posted at 07:58 AM by Howard Bashman


"Court Secrecy May Be Reduced; Borden Would Allow Greater Scrutiny": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 07:54 AM by Howard Bashman


"Lawyer in Terror Case Apologizes for Violating Special Prison Rules": The New York Times today contains an article that begins, "Lynne F. Stewart, the once brashly defiant radical defense lawyer who was convicted in a federal terrorism trial last year, has acknowledged in a personal letter to the court that she knowingly violated prison rules and was careless, overemotional and politically naive in her representation of a terrorist client."
Posted at 07:45 AM by Howard Bashman


"Term should indicate new justices' influence; Environment, abortion among high court issues": Joan Biskupic has this article today in USA Today.
Posted at 07:38 AM by Howard Bashman


"Abortion, Race Cases Will Challenge Roberts' Goal of Consensus": law.com's Tony Mauro provides this report.
Posted at 07:35 AM by Howard Bashman


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