How Appealing

Wednesday, October 11, 2006

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Court Hears Arguments on 'Victim Buttons'" (featuring Nina Totenberg) and "Grisham Traces Exoneration of an 'Innocent Man.'"

RealPlayer is required to launch these audio segments.
Posted at 09:20 PM by Howard Bashman



"Button It: The Supreme Court learns to stay out of this messy business of deciding cases." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 09:08 PM by Howard Bashman


"Skilling Asks Judge to Throw Out Verdict": The Associated Press provides this report.
Posted at 09:04 PM by Howard Bashman


"Reflections on the Cunningham oral argument": Law Professor Doug Berman has this post at his "Sentencing Law and Policy" blog.
Posted at 05:44 PM by Howard Bashman


"South Dakota's stark abortion choice; A proposed ban on the ballot would be the nation's strictest since the 1973 Supreme Court ruling upholding the practice": This article will appear Thursday in The Christian Science Monitor.
Posted at 05:42 PM by Howard Bashman


"The principal issue in this appeal is whether Congress may constitutionally impose patent fees in an amount above what is used to fund the PTO." Are patent fees too high, thus giving rise to a profit center that the federal government improperly uses for other purposes, such as to fund homeland security? Today a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a ruling rejecting this constitutional challenge.

Circuit Judge Pauline Newman filed a separate opinion concurring in the judgment in which she wrote that the plaintiff's "constitutional arguments are not devoid of merit, and warrant deeper exploration than they have thus far received."
Posted at 05:15 PM by Howard Bashman



Access online the transcript of today's U.S. Supreme Court oral argument in Carey v. Musladin, No. 05-785: The transcript of today's AEDPA-victim button oral argument is available at this link.

At page 15 of the transcript, Justice Antonin Scalia remarks, "You don't allow people to come into most courtrooms in tank shirts, and we don't allow people to, you know, to wear beany hats." An exception to the prohibition exists, however, for propeller beanie hats.
Posted at 04:02 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "High Court Takes Up 'Victim Pin' Case" (featuring Dahlia Lithwick); "Brother of Murder Victim Defends Wearing Pin"; and "'Don't Ask, Don't Tell' in an Overstretched Army." RealPlayer is required to launch these audio segments.
Posted at 03:20 PM by Howard Bashman


There were cameras in this courtroom: Newsday provides an update headlined "For a day, O'Connor back on the bench." Accompanying the article is this photograph.

And WSJ.com's "Law Blog" provides a post titled "The Second Circuit, Starring Sandra Day O'Connor!" No word yet on whether Peter Lattman will be following Justice O'Connor to San Francisco or, after that, to the Eighth Circuit.
Posted at 02:45 PM by Howard Bashman



Access online the transcript of today's U.S. Supreme Court oral argument in Cunningham v. California: Sentencing gurus can begin rejoicing, because the Supreme Court has just posted online at this link the transcript of today's oral argument.
Posted at 02:07 PM by Howard Bashman


Three-judge Seventh Circuit panel rejects constitutional challenge to Gary, Indiana ordinance governing "sexually oriented businesses": You can access today's ruling at this link.
Posted at 02:05 PM by Howard Bashman


"Supreme Court Hears Murder Cases": The Associated Press provides this report on today's oral arguments at the U.S. Supreme Court.
Posted at 02:01 PM by Howard Bashman


"Argument recap: Cunningham v. Calif. on 10/11." At "SCOTUSblog," Lyle Denniston has a post that begins, "A few minutes into the Supreme Court's hearing Wednesday on a California criminal sentencing case, it already had become clear that the case is not really about a specific state sentencing law but is all about what is constitutionally 'reasonable' in any system that gives a judge discretion to impose an enhanced prison term."
Posted at 02:00 PM by Howard Bashman


"Jury Awards Woman $11.3M in Internet Defamation Suit": law.com posted this article online last Friday.

In related coverage, USA Today reports today that "Jury awards $11.3M over defamatory Internet posts."
Posted at 11:44 AM by Howard Bashman



Holding no grudge for being bonked on the head: Justice Sandra Day O'Connor, who was nearly killed by a falling beam at the grand opening of the National Constitution Center in Philadelphia on July 4, 2003, has agreed to serve on the organization's board of trustees. Coverage appears today in both The Philadelphia Inquirer and The Philadelphia Daily News. O'Connor's agreement allows her to remain a safe distance away from any potentially fatal construction accidents at the Center.

This blog's earlier coverage of the July 4, 2003 incident began at this link and continued on for a really long time thereafter. To see for yourself, go to this blog's July 2003 archive page and use your browser's "Find" function to search for the word "bonk."
Posted at 11:28 AM by Howard Bashman



"Admissions, abortion and arguments": Don Erler has this op-ed today in The Fort Worth Star-Telegram.
Posted at 11:04 AM by Howard Bashman


"New U.S. law OKs torture, professor argues": The Daily Princetonian contains this article today.
Posted at 10:58 AM by Howard Bashman


"Migrant laws keeping same-sex pairs apart": This article appears today in The Arizona Republic.
Posted at 10:52 AM by Howard Bashman


"State will ask U.S. justice to let ID rule stay": Today's issue of The Arizona Daily Star contains an article that begins, "The state will ask a justice of the nation's high court to let Arizona election officials require voters to produce identification for next month's general election."
Posted at 10:45 AM by Howard Bashman


"Supreme Question: What Would Warren Do?" This audio commentary segment (RealPlayer required) appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 10:08 AM by Howard Bashman


"Supreme Court Hears Case on Photos of Victim": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:05 AM by Howard Bashman


The architect's drawings provide no office space for activist judges: WSJ.com's "Law Blog" offers a post titled "Debating the 'William H. Frist, M.D., Federal Courthouse.'"
Posted at 08:52 AM by Howard Bashman


"NYTimes Suggests Religious Conspiracy on Third Circuit": This post appears at the blog "Constitutionally Correct."

My earlier, extensive coverage of the underlying case can be accessed via posts here and here.
Posted at 08:50 AM by Howard Bashman



"High Court to Hear Overturned Murder Cases": The Associated Press provides this report.

As explained in my essay for law.com summarizing the cases being argued before the U.S. Supreme Court this week:

Oct. 11 is the final day of oral arguments for the Court's October 2006 oral argument session, and the day begins with the argument of a case that is of interest to sentencing law gurus nationwide and also those who prosecute and defend criminal cases in the State of California. In Cunningham v. California, the question presented is whether California's Determinate Sentencing Law violates the 6th and 14th Amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant.

The second and final case to be argued on Oct. 11 is another interesting criminal law case arising from the 9th Circuit. At issue in Carey v. Musladin is whether the 9th Circuit, exercising federal habeas corpus jurisdiction, properly overturned the murder conviction of a defendant who claimed he was denied a fair trial in California state court because the victim's relatives appeared in court wearing buttons with the deceased's picture on them. Once again, Judge Reinhardt is the author of the decision under review, and his majority opinion for a divided three-judge panel begins, "At a murder trial in which the central question is whether the defendant acted in self-defense, are a defendant's constitutional rights violated when spectators are permitted to wear buttons depicting the 'victim'?" Reinhardt's opinion answers that question in the affirmative.

The complete essay can be accessed at this link.
Posted at 08:42 AM by Howard Bashman


"Sexual abuse case could upend state's sentencing rules; Ex-Richmond officer says judge lacks right to add years based on facts jury didn't hear": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A former Richmond police officer's appeal of his 16-year prison term for sexually abusing his son goes before the U.S. Supreme Court today in a case that could rewrite the criminal sentencing rules that California has used since 1977."
Posted at 08:35 AM by Howard Bashman


"Deaf drivers due a chance at UPS jobs, court says; Some may be as safe as rivals with normal hearing, ruling holds": Bob Egelko has this article today in The San Francisco Chronicle.

And The Los Angeles Times reports today that "UPS Ban on Deaf Drivers Is Rejected; An appeals court ruling could lead employers to consider disabled workers for more jobs."
Posted at 08:33 AM by Howard Bashman



"Firm Must Pay Asbestos Costs; The high court upholds the EPA's claim that W.R. Grace must clean up a Montana mine site": This article appears today in The Los Angeles Times.
Posted at 08:30 AM by Howard Bashman


"Panel discusses military issues": The Yale Daily News today contains an article which reports that "Although the Supreme Court upheld the constitutionality of the Solomon Amendment earlier this year, Yale Law School has a separate pending lawsuit, Burt v. Rumsfeld, that allows Yale to continue to deny equal access to military recruiters."

I will leave it to others to debate whether the lesson that open defiance of a U.S. Supreme Court ruling is proper is what one of the Nation's top law schools ought to be teaching its students.
Posted at 08:22 AM by Howard Bashman



"New Twist In Case Of Intrigue: New Trial." Today in The Hartford Courant, Lynne Tuohy has an article that begins, "The state Supreme Court has ordered a new trial for the Ledyard handyman convicted of kidnapping and assaulting Stonington teacher Leslie Buck in May 2002, the day before she mysteriously died in an apparent fall down a flight of stairs at her home."

You can access yesterday's ruling of the Supreme Court of Connecticut at this link.
Posted at 08:15 AM by Howard Bashman



"Pastors unite against ban; Group stands apart from other churches": The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, "Pastors from five mainline denominations criticized South Dakota's abortion ban Tuesday, separating themselves from their Roman Catholic and evangelical counterparts and ramping up a politically charged debate that already is influenced by strong religious undercurrents."

And today in The Washington Post, columnist Ruth Marcus has an op-ed entitled "Giving Up Too Much On Choice."
Posted at 08:07 AM by Howard Bashman



"Case in Germany Puts An Old Taboo to the Test": This article appears today in The Washington Post.
Posted at 08:02 AM by Howard Bashman


"Malvo Pleads Guilty to Montgomery Slayings": The Washington Post contains this article today.

The Washington Times reports today that "Malvo pleads guilty to 6 sniper killings."

And The Baltimore Sun contains an article headlined "Malvo's lawyers seek plea deal; Young sniper reportedly seeks prison change for admitting to shootings."
Posted at 08:00 AM by Howard Bashman



"Judge asked to rule fast to clear Lay's record; Lawyers say no reason to wait on their request": This article appeared last Thursday in The Houston Chronicle.
Posted at 07:58 AM by Howard Bashman


"The Cost of Doing Your Duty": The New York Times today contains an editorial that begins, "During the recent debate over how to handle the prisoners at Guantanamo Bay, the Bush administration made a lot of noise about its commitment to fair treatment for the detainees and its respect for the uniformed lawyers of the armed forces. Anyone who believed those claims should consider the fate of the Navy lawyer whose integrity helped spark that debate in the first place."
Posted at 07:54 AM by Howard Bashman


"South Bay criminal case reaches high court; Buttons of victim at trial stir dispute": Howard Mintz had this article yesterday in The San Jose Mercury News.

And today, The New York Times contains an editorial entitled "Photos and a Fair Trial."
Posted at 07:50 AM by Howard Bashman



"Religion-Based Tax Breaks: Housing to Paychecks to Books." This lengthy article appears today in The New York Times.
Posted at 07:48 AM by Howard Bashman


"Why The Military Commissions Act is No Moderate Compromise": Michael C. Dorf has this essay online today at FindLaw.
Posted at 07:45 AM by Howard Bashman


"Al Qaeda Suspect: U.S. Government Gave Me LSD." Josh Gerstein has this article today in The New York Sun.

And last Saturday, The South Florida Sun-Sentinel reported that "Motion demands Padilla's release, claims illegal U.S. conduct."

Via "Discourse.net," you can access a copy of the motion at this link.
Posted at 06:47 AM by Howard Bashman



eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com'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

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

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

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

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

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

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

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

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

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

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

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

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

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek