How Appealing

Monday, October 16, 2006

"Lawyer, Facing 30 Years, Gets 28 Months, to Dismay of U.S.": Tuesday's edition of The New York Times will contain this article.
Posted at 11:08 PM by Howard Bashman


"U.S. Faces Obstacles To Freeing Detainees; Allies Block Returns From Guantanamo": This front page article will appear Tuesday in The Washington Post.
Posted at 11:05 PM by Howard Bashman


"Criminal Records Erased by Courts Live to Tell Tales": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 11:02 PM by Howard Bashman


"Supreme Court denies appeal by Sea Scouts; Group lost rent break from Berkeley for excluding gays and atheists": Bob Egelko has this news update online at The San Francisco Chronicle.
Posted at 08:35 PM by Howard Bashman


"Rahman Attorney Stewart Gets 28 Months in Prison": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:20 PM by Howard Bashman


"Lawyer Gets Prison Term in Terrorism Case": The New York Times provides a news update that begins, "Lynne F. Stewart, the firebrand lawyer who was charged as a terrorist for helping a client in prison on terrorism charges to communicate with his followers, was sentenced today to 28 months in federal prison, far less than the 30 years the government had sought."
Posted at 05:54 PM by Howard Bashman


In Tuesday's issue of The Christian Science Monitor: Warren Richey will have an article headlined "Will the Supreme Court shackle new tribunal law? President Bush's signature Tuesday is likely to set off legal tests."

And tomorrow's newspaper will also contain an article headlined "US court challenge: How to corral 12 not-so-angry jurors."
Posted at 05:02 PM by Howard Bashman



"Sealed Filings More Common At High Court": law.com's Tony Mauro provides this report.
Posted at 04:40 PM by Howard Bashman


"Mo. High Court Strikes Down Voter ID Law": The Associated Press provides this report on a ruling that the Supreme Court of Missouri issued today.
Posted at 03:44 PM by Howard Bashman


Fourth Circuit abates appellate review in abatement appeal: Recognizing that "Section 2105 [of Title 28, U.S. Code] may be '[o]ne of the most commonly ignored provisions of the Judicial Code,'" today a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a decision refusing to ignore the statutory provision, which states that "There shall be no reversal in the Supreme Court or a court of appeals for error in ruling upon matters in abatement which do not involve jurisdiction."

Today's ruling arguably creates a circuit split and also criticizes other federal appellate courts for having construed the statutory provision in a manner that could cause federal appellate courts to give advisory opinions in violation of Article III's case or controversy requirement.
Posted at 03:10 PM by Howard Bashman



"Less" means "more" in the Third Circuit, too: The U.S. Court of Appeals for the Third Circuit today issued an opinion construing the meaning of the appellate timing provision found in the Class Action Fairness Act of 2005.

My law.com essay on this subject, from February 2006, was headlined "Less Is More: When Courts Decide a Law Means the Opposite of What It Says."
Posted at 02:58 PM by Howard Bashman



"The New York Times versus Religion: So much nonsense in a four-part series." In the October 23, 2006 issue of The Weekly Standard, John J. DiIulio Jr. has an essay that begins, "On Sunday, October 8, the 'public editor' of the New York Times, Byron Calame, criticized Times reporter Linda Greenhouse for a speech she delivered last June at Harvard."
Posted at 02:54 PM by Howard Bashman


"Blind Sheik's Lawyer Gets 28 Months": The Associated Press provides a report that begins, "Civil rights lawyer Lynne Stewart was sentenced Monday to 28 months in prison on a terrorism charge for helping a client who plotted to blow up New York City landmarks communicate with his followers."
Posted at 02:42 PM by Howard Bashman


"Justices may see bigamy case": The Salt Lake Tribune today contains an article that begins, "A Utah polygamist is asking the U.S. Supreme Court to review his bigamy conviction, arguing the state's law is used to target a religious minority for relationships others enjoy without consequence. In his petition, Rodney H. Holm also asks the nation's highest court to reconsider whether the polygamy ban enshrined in its 1879 Reynolds decision is justified today, given modern customs and more recent rulings on liberty and privacy rights." (Via "Religion Clause.")
Posted at 02:40 PM by Howard Bashman


"Relatives Admitted to Top Court Practice": The Associated Press provides this report.

Unresolved thus far is whether the U.S. Supreme Court would consider children and their same-sex parents to constitute a family for swearing-in-to-the-Bar statistical purposes. If not, then I imagine that Brad Pitt and Angelina Jolie won't be joining the Supreme Court's Bar as a family any time soon.
Posted at 02:25 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Seventh Circuit: Notwithstanding protestations to the contrary, even Seventh Circuit Judge Richard A. Posner must sometimes accord precedential effect to foreign law. Today's occasion arises thanks to a plaintiff who filed suit in Illinois as a result of breaking his leg while jet skiing in the Bahamas.

Today's other ruling of note arises thanks to a Wisconsin state prison inmate who "stopped eating altogether because, he says, he was using the 'power of prayer and fasting' to implore God to move his former accusers to recant the testimony that led to his conviction and imprisonment for sexual assault." Not only did the inmate's fasting apparently fail to have the desired effect on God, but the prison's efforts to keep the inmate among the living also, as today's ruling reveals, failed to confer on the prisoner any valid claims under the Eighth Amendment or the Religious Land Use and Institutionalized Persons Act.
Posted at 12:50 PM by Howard Bashman



"Trouble brews in cyberspace over Newburgh blog": The Times Herald-Record of Middletown, New York yesterday published an article that begins, "Michael Gabor asks a lot of questions, and after living here for 17 years, he also has a lot of opinions. He expresses himself on a Newburgh-oriented Internet chat board, putting him on the cutting edge of discourse in the 21st century. But these days, the bespectacled, reflective photographer goes online with an old-fashioned albatross hanging around his neck: He's waiting for his lawyer to convince a judge to toss out a $5 million defamation suit that hit him back in June, for opinions he expressed about a renovation project in Newburgh's historic district."
Posted at 12:05 PM by Howard Bashman


Today's U.S. Supreme Court Order List: You can access the Order List at this link. The Court did not grant review in any new cases today.

At "SCOTUSblog," Lyle Denniston has a post titled "Court denies new 'takings' case."

Lyle's post concludes:

The Court opened its proceedings on Monday by admitting new members to practice at its bar. Among the group was a family of nine -- the Donald Snyder family from upstate New York -- the largest family group admitted together since the Perla family joined the bar in 1994, according to Court data. A news story about the Snyder family, in the Utica Observer-Dispatch, can be found here. On admitting them, Chief Justice John G. Roberts, Jr., wryly remarked: "No one wanted to be a doctor?"
The article from yesterday's issue of The Utica Observer-Dispatch is headlined "First family of the court: U.S. Supreme Court to admit Snyders." Meanwhile, the web site of the law firm Perla & Perla LLP provides access to an article that The Buffalo News published in 1994 under the headline "Buffalo clan sets a record for high court; Nine in Perla family sworn in at tribunal." Nine years later, a slightly smaller group from the Perla family competed against one another on "The Weakest Link" television program.

In other coverage of today's developments at the Court, The Associated Press reports that "High Court Won't Review Boy Scout Case."
Posted at 10:05 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Lawyer Faces Sentencing for Helping Client" and "Lawyer Discusses Implications of New Detainee Law" (RealPlayer required).
Posted at 09:38 AM by Howard Bashman


Voters in South Dakota next month have the ability to outlaw both abortion and same-sex marriage: The Argus Leader of Sioux Falls, South Dakota today contains an article headlined "Morality, privacy at issue; Marriage measure foes fear unintended consequences."
Posted at 08:37 AM by Howard Bashman


"Blogger stays in prison, defying grand jury order": The San Francisco Chronicle today contains an article that begins, "Blogger and anarchist Josh Wolf, spending his 57th day in federal prison today for refusing to surrender video he shot of a violent San Francisco protest, is well on his way to becoming the longest-jailed journalist in U.S. history."
Posted at 08:27 AM by Howard Bashman


"Our Broken Constitution: What many consider the greatest American document is in reality a blueprint for undemocratic governance." Law Professor Sanford Levinson has this op-ed today in The Los Angeles Times.
Posted at 08:25 AM by Howard Bashman


The Los Angeles Times is reporting: Today's newspaper contains an article headlined "Making a Family Without a Marriage; The son and daughter of lesbians think of their mothers as a wedded couple; Reminders that they aren't often arise."

And in other news, an article is headlined "Loyal to Country or Conscience? An Asian American soldier faces a court-martial for his refusal to serve in Iraq; His stand stirs anger and admiration among Japanese Americans who remember World War II."
Posted at 08:23 AM by Howard Bashman



"Broadcast condemns same-sex marriage; Romney urges evangelical fight": This article appears today in The Boston Globe.

And The Boston Herald today contains an article headlined "Attack on gay marriage - Gov blasts Bay State in his own backyard."
Posted at 08:15 AM by Howard Bashman



"Protect the Constitution": Nat Hentoff has this op-ed today in The Washington Times.
Posted at 08:11 AM by Howard Bashman


"The Treason Puzzle: The administration tries a new legal tack against terrorism." The Washington Post contains this editorial today.
Posted at 08:07 AM by Howard Bashman


"Specter's Role in Passage Of Detainee Bill Disputed": This article appears today in The Washington Post.
Posted at 08:05 AM by Howard Bashman


"Lawyer Is Due for Sentencing in Terror Case": The New York Times today contains an article that begins, "Lynne F. Stewart, the firebrand lawyer known for defending unsavory criminals, now faces the possibility of living out her life like many of them, in maximum-security lockdown in a federal prison."

And The New York Sun reports today that "Stewart Plans Plea for Mercy In Court Today."
Posted at 07:54 AM by Howard Bashman



"Justice for All: The Honorable Stephen G. Breyer interviewed by Jeffrey Toobin." The New Yorker magazine has posted online the video, in four parts. You can access the video by clicking here.

David Lat's earlier write-up of the interview, posted at "Above the Law," appears at this link.

Meanwhile, those who would rather view The New Yorker's video of comedian Steve Martin's interview of cartoonist Roz Chast can do so by clicking here.
Posted at 07:48 AM by Howard Bashman



"Taking the Initiative: How judges threaten direct democracy." John Fund has this essay online today at OpinionJournal.
Posted at 07:44 AM by Howard Bashman


"ACLU Brings Scalia Out of the Judicial Cloister": Josh Gerstein has this article today in The New York Sun.

In The Los Angeles Times, David G. Savage reports today that "Scalia Debates Law, Liberties With ACLU Chief; In a televised session, the Supreme Court justice defends his views before a liberal crowd of 1,500."

And in USA Today, Joan Biskupic reports that "Conservative justice defends views at annual ACLU meeting."

My earlier coverage appears here and here.
Posted at 07:40 AM by Howard Bashman



"Are Lawyers' Blogs Protected by the First Amendment? Why State Bar Regulation of Law Blogs As 'Advertising' Would Be Elitist and Reductive." Julie Hilden has this essay today online at FindLaw.
Posted at 06:47 AM by Howard Bashman


"Blawg Review #79": Available online here, at "Tech Law Advisor."
Posted at 06:45 AM by Howard Bashman


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