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Wednesday, October 21, 2009 For the second year in a row, the Philadelphia Phillies are the National League Champions! Congratulations to my home team for its return to the World Series. As was the case last year (see posts here, here, and here), my son and I again have tickets to game five (if necessary) of the World Series, where the Phillies will face either the New York Yankees or the Los Angeles Angels of Anaheim. Posted at 11:54 PM by Howard Bashman "Former Adelphia Executives Win Chance to Quash Conspiracy Case": Shannon P. Duffy will have this article Thursday in The Legal Intelligencer. My earlier coverage of today's Third Circuit ruling appears at this link. In Bashman news from Australia: Today's edition of The Ipswich Queensland Times reports that "Teens bash man in his front yard." Recent earlier installments of this feature can be accessed here, here, here, here, and here. Eight active judges on the Ninth Circuit note their dissent from today's order denying rehearing en banc of a decision reinstating a lawsuit alleging that Arizona's private school scholarship tax credit program, as applied, violates the Establishment Clause: You can access today's order denying rehearing en banc, the concurrences in that order, and the dissent from that order at this link. It is interesting to note that one of the judges who jointly authored the main concurrence is a senior Circuit Judge who served on the original three-judge panel but, due to her senior status, does not have the ability to vote for or against rehearing en banc. My earlier coverage of the three-judge panel's ruling, from April 2009, can be accessed here. In coverage of today's order, The East Valley Tribune has a news update headlined "Private school tax credits dealt setback." And The Associated Press reports that "Court challenge to state tax credit stands." "Navajos may try to buy popular Arizona ski resort": The Associated Press has a report that begins, "The Navajo Nation may try to buy a popular Arizona ski resort to stop snowmaking on one of the tribe's most sacred mountains, the San Francisco Peaks." Posted at 09:35 PM by Howard Bashman "Court: Rigas case might be double jeopardy." The Associated Press has a report that begins, "The imprisoned founder of Adelphia Communications Corp. and his son are closer to avoiding a second federal fraud trial. The 3rd U.S. Circuit Court of Appeals in Philadelphia agreed Wednesday with the Rigases that it might be double jeopardy to subject them to a trial in Pennsylvania." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link. "Stephen Barnett, UC law professor, dies": Bob Egelko has this obituary today in The San Francisco Chronicle. Earlier this week, the Metropolitan News-Enterprise published an obituary headlined "Former UC Berkeley Law Professor Stephen Barnett Dies." And The Associated Press has an article headlined "First Amendment prof, Stephen Barnett, dies at 73." Among other things, Professor Barnett was an ardent opponent of appellate court rules that prohibited parties and their lawyers from citing to so-called "unpublished" and "non-precedential" opinions. "L.A. medical pot dispensary may get back seized funds; The 9th Circuit Court of Appeals concludes the federal government could not prove the money was tied to illegal sales": This article appears today in The Los Angeles Times. My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Justices return Corcoran death-row appeal": Today's edition of The Journal Gazette of Fort Wayne, Indiana contains an article that begins, "The U.S. Supreme Court weighed in Tuesday in the capital murder case against Joseph E. Corcoran, sending it back to the U.S. Court of Appeals and delaying the state's desire to put the quadruple murderer to death." You can access yesterday's per curiam ruling of the U.S. Supreme Court -- the first opinion of the new Term -- at this link. And the Seventh Circuit's earlier ruling in the case can be accessed here. "Fate of White House Counsel Is in Doubt": This article will appear Thursday in The New York Times. Posted at 04:00 PM by Howard Bashman In the November 2009 issue of ABA Journal magazine: The magazine's cover story, written by Richard B. Schmitt, is headlined "A Death in the Office: Mark Levy had talent, a top-flight resume and friends in high places; But when he lost his job, none of that was enough." A related sidebar, by Mark Hansen, is headlined "The Less Final Option: For lawyers suffering from depression, there is help." David L. Hudson Jr. has an article headlined "Adult Time for Adult Crimes: Is life without parole unconstitutional for juveniles?" And John Gibeaut has an article headlined "Drawing the Line: Court looks again at how much immunity prosecutors have." "Poker ruled game of skill for good reason -- because it is": Apropos of my appellate oral argument this morning, I see that earlier this month in The San Antonio Express-News, columnist Chuck Blount had this essay. Posted at 03:20 PM by Howard Bashman Programming note: I'm in Harrisburg, Pennsylvania this morning to argue on behalf of the defendants-appellees opposing the prosecution's appeal of a case in which the Superior Court of Pennsylvania is being asked to decide whether skill or luck predominates in determining success at the game known as Texas hold 'em poker. You can access at this link the Brief for Appellees that I filed on my clients' behalf, while an amicus brief in support of affirmance can be accessed here. The student newspaper of Bloomsburg University has posted the trial court's ruling at this link. Additional posts will appear later today. Update: The oral argument seemed to go very well.  
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