How Appealing

Tuesday, November 7, 2006

Available online from law.com: Tony Mauro reports that "Abortion Rights Groups Choose Insiders to Argue High Court Cases."

And in other news, an article is headlined "Swing Voter's Lament: At Least One Case Still Bugs O'Connor."
Posted at 10:50 PM by Howard Bashman



"All Eyes on Kennedy in Court Debate On Abortion; Justice Expected to Be Swing Vote in Ruling on Late-Term Procedure": Charles Lane will have this article Wednesday in The Washington Post.

The Boston Globe today contains an article headlined "The challenger: Priscilla Smith will ask the US Supreme Court tomorrow to lift the ban on partial-birth abortions."

Patti Waldmeir of Financial Times provides a news update headlined "Supreme Court set to signal abortion stance."

And online at FOXNews.com, Lis Wiehl has an essay entitled "Alito's Abortion Ambition."
Posted at 10:30 PM by Howard Bashman



"We are persuaded that the Federal Rules of Evidence are not governed by the Erie doctrine. Having said that, concepts of federalism still guide our understanding of the interplay between the Federal Rules and state law." Because the Federal Rules of Evidence were originally enacted by the U.S. Congress, they are outside the purview of the so-called Erie doctrine, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit has held in an interesting decision issued today.
Posted at 08:45 PM by Howard Bashman


Unincorporated associations lack the ability to bring suit under the federal civil rights act, 42 U.S.C. sec. 1983, the Tenth Circuit holds: Today's ruling of the U.S. Court of Appeals for the Tenth Circuit comes in a case that arises from the denial of parade permits for anti-abortion protesters in Wichita, Kansas that produced a nominal damages award of $1 in favor of the plaintiffs who did have the ability to assert a Section 1983 claim.
Posted at 08:33 PM by Howard Bashman


"Roberts court faces first abortion cases; New Supreme Court justices could tip the balance to uphold a ban on so-called partial-birth option": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 05:54 PM by Howard Bashman


"Mid-Day Election Glitch Update and the Implications for the Future": Law Professor Rick Hasen has this post from the west coast, where it's still midday, at his "Election Law" blog.
Posted at 05:48 PM by Howard Bashman


"Decision time on Cuban's detention; The U.S. government has until Feb. 1 to prosecute Luis Posada Carriles, wanted abroad in a jet bombing case": The Los Angeles Times contains this article today.
Posted at 05:30 PM by Howard Bashman


"New Justices Tested on Abortion Ban Ruling": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 05:15 PM by Howard Bashman


"High court to hear one for library books; Issue: Who can borrow where in state." The Detroit Free Press today contains an article that begins, "Librarians throughout the state are watching closely -- and worrying -- as the case of a book-loving attorney from Bloomfield Hills versus the Bloomfield Township Public Library makes its way through the state Supreme Court."
Posted at 05:12 PM by Howard Bashman


"Supreme Court debates 2 cases involving long prison terms": The Associated Press provides this report.
Posted at 05:10 PM by Howard Bashman


"On Strip Measure, the Sides Are Four Feet Apart": The Washington Post today contains an article reporting from Seattle, Washington that begins, "Voters here Tuesday have an opportunity rare in a democratic society: To decide in a referendum whether lonely guys can continue to stuff $20 bills in the G-strings of hot young women."
Posted at 05:07 PM by Howard Bashman


"All eyes are on Alito in abortion case; First clues on how he will treat Roe vs. Wade may come tomorrow": The Newark (N.J.) Star-Tribune contains this article today.
Posted at 04:12 PM by Howard Bashman


"Ten Commandments may return to Casper": This article appears today in The Casper Star Tribune.
Posted at 04:10 PM by Howard Bashman


"Judge dismisses Conyers lawsuit against Bush": The Detroit News yesterday published a news update that begins, "A federal judge today dismissed a lawsuit brought by U.S. Rep John Conyers, D-Detroit and 10 other Democratic members of Congress alleging the Deficit Reduction Act is unconstitutional. Conyers and the other lawmakers sued President Bush earlier this year, alleging the bill Bush signed into law differed from the version passed by the House and they had never voted on the version of the bill he enacted."

And The Associated Press reports that "Judge dismisses House Democrats' lawsuit over budget bill."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of Michigan at this link.
Posted at 04:00 PM by Howard Bashman



"Idaho Death Row Inmate Wins Retrial": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:20 PM by Howard Bashman


Access online today's U.S. Supreme Court oral argument transcript in James v. United States: The transcript is available online at this link.

The Court has not yet posted online the transcript of today's other oral argument -- in Burton v. Stewart -- but at "SCOTUSblog" Lyle Denniston has a post titled "Burton and the looming AEDPA issue" reporting on that oral argument.

Update: The transcript of oral argument in Burton v. Stewart is now available online at this link.
Posted at 02:27 PM by Howard Bashman



"Ballot Measures Tackle Divisive Issues": The Associated Press provides a report that begins, "Banning abortion and gay marriage, boosting minimum wages and tobacco taxes, and legalizing marijuana were among the options Tuesday as voters in many states considered ballot measures addressing an array of the nation's most divisive social issues."
Posted at 02:14 PM by Howard Bashman


"Clinics seek to thwart inquiry; Kansas Supreme Court asked to stop Kline’s investigation": The Lawrence (Kan.) Journal-World today contains an article that begins, "Leaders at two health care clinics Monday asked the Kansas Supreme Court to stop Atty. Gen. Phill Kline’s investigation into abortion records, seal the patients’ information and launch a probe into an alleged leak from the records."

The Topeka Capital-Journal reports today that "Clinics seek court's help."

The Wichita Eagle reports that "Clinics seek inquiry into leak of abortion files."

And The Kansas City Star reports that "O'Reilly comments spark call for inquiry; A special prosecutor is requested to learn how a TV show got records."
Posted at 02:10 PM by Howard Bashman



"Justices won't hear arson-murder case; L.A. man who killed his therapist's husband was spared death sentence": David G. Savage has this article today in The Los Angeles Times.
Posted at 12:38 PM by Howard Bashman


"Appeals panel upholds decision to clear Lay; Shareholder plans to take case to Supreme Court": The Houston Chronicle today contains an article that begins, "An appeals court panel has slapped down an Enron shareholder's challenge of a judge's decision to erase former Enron Chairman Ken Lay's criminal convictions."

At first glance, it does not appear that the ruling is readily accessible via the Fifth Circuit's web site.
Posted at 12:00 PM by Howard Bashman



"'Libel tourism' and the war on terror": Today in The Boston Globe, Samuel A. Abady and Harvey Silverglate have an op-ed that begins, "An important question will be argued tomorrow before the federal Court of Appeals in Manhattan: should American journalists who write about controversial issues be subjected to legal intimidation from abroad? More precisely, will American courts halt the growing practice of 'libel tourism' whereby wealthy foreigners sue American writers and publishers in England, despite little chance of enforcing the judgment in this country?"
Posted at 11:04 AM by Howard Bashman


"Logo trial a go; Jury selection begins in suit over Bush 'W' design": This article appears today in The Wichita Falls Times Record News.
Posted at 11:02 AM by Howard Bashman


"It's not on the ballot, but for some, death penalty a hot topic": The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, "South Dakota's political landscape, while dominated by an abortion debate and a governor's race to be decided today, has also been influenced by heated discussion about capital punishment."
Posted at 10:54 AM by Howard Bashman


"Abortion method returns to justices; Supporters of a law banning 'partial-birth' procedures are counting on Alito to provide the key vote in the case": David G. Savage has this article today in The Los Angeles Times.

And at "SCOTUSblog," Lyle Denniston previews tomorrow's oral arguments in a post titled "Abortion -- a host of knotty issues."
Posted at 10:33 AM by Howard Bashman



"Michigan voters weigh race-based admissions": This article appears today in The Washington Times.
Posted at 10:25 AM by Howard Bashman


D.C. Circuit rejects federal criminal defendant's appeal seeking to reinstate conviction and consecutive 30-year term of imprisonment for the possession and use of firearms "during and in relation" to a drug offense: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

As for why a federal criminal defendant would appeal from a decision setting aside a federal criminal conviction that requires him to serve an additional 30 years in prison, the answer apparently has to do with a now-thwarted plan to obtain resentencing under United States v. Booker.
Posted at 10:22 AM by Howard Bashman



"A Shift in the Debate On International Court; Some U.S. Officials Seem to Ease Disfavor": This article appears today in The Washington Post.
Posted at 10:04 AM by Howard Bashman


"Judge Dismisses Spears' Suit Against Mag": The Associated Press provides a report that begins, "A judge has thrown out Britney Spears' lawsuit against celebrity magazine Us Weekly, ruling the pop star cannot be defamed by published rumors that she and her husband had made a sex tape and were worried about its release."

And The Los Angeles Times reports today that "Britney Spears' sex tape suit is dismissed; A judge rules Us Weekly did not defame the pop star when it reported she and her husband had made a video."
Posted at 10:02 AM by Howard Bashman



"Many Oppose Death Penalty for Hussein": This article appears today in The New York Times.

The Los Angeles Times today contains an editorial entitled "Iraq's rough justice: The trial of Saddam Hussein was not exactly a triumph for the rule of law, but it achieved a just result."

And in The Washington Post, columnist Anne Applebaum has an op-ed entitled "Justice in Iraq: How to Judge the Trial of Saddam Hussein."
Posted at 09:50 AM by Howard Bashman



"New York Plans to Make Gender Personal Choice": The New York Times today contains an article that begins, "Separating anatomy from what it means to be a man or a woman, New York City is moving forward with a plan to let people alter the sex on their birth certificate even if they have not had sex-change surgery."
Posted at 09:45 AM by Howard Bashman


"Appeals Court Weighs Prisoners' Right to Fight Detention": Today in The New York Times, Neil A. Lewis has an article that begins, "The Bush administration's successful effort to have Congress eliminate the right of Guantanamo prisoners to challenge their detentions before federal judges is now moving toward what may be an epic battle in the courts."
Posted at 09:40 AM by Howard Bashman


"Court: BLM Violated Rodent's Protection." The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 07:05 AM by Howard Bashman


"A civil abortion debate? Where has one of this country's most divisive issues been debated largely without the expected histrionics? South Dakota. Today's ballot referendum has provided a refreshing model of public discourse." Laura Vanderkam has this op-ed today in USA Today.
Posted at 06:58 AM by Howard Bashman


"Jury duty is getting harder to shirk; No-shows being told: One way or another, we'll see you in court." USA Today contains this article today.
Posted at 06:55 AM by Howard Bashman


"Legal System Gives Boost To Chinese Asylum Seekers": This article appears today in The New York Sun.
Posted at 06:50 AM by Howard Bashman


"The Indictment Against Law Firm Milberg Weiss and Two of Its Partners: What's Really at Stake, and Why the Media Is Missing the Point." Anthony J. Sebok has this essay online at FindLaw.
Posted at 06:48 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