How Appealing

Wednesday, November 11, 2009

"Showdown on Judicial Nominee Set for Next Week": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Senate Majority Leader Harry Reid (D-Nev.) is following through on a plan to cut off debate on President Barack Obama's most contentious circuit court nominee so far."

And today's edition of Investor's Business Daily contains a related editorial entitled "Another Radical Judge."
Posted at 10:22 PM by Howard Bashman



"Lawyer Learns that Roberts Speaks Only for Himself": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:15 PM by Howard Bashman


"'I Believe' tag fails test in court; Judge says S.C. religious plate based on discriminatory law": Today's edition of The Post and Courier of Charleston, South Carolina contains an article that begins, "A federal district court ruled Tuesday that the 'I Believe' license plate approved by the S.C. Legislature violates the constitutional separation of church and state and cannot be issued." The newspaper has posted online this photograph of the rejected license plate.

The State of Columbia, South Carolina reports today that "Judge strikes down plate; Words on Christian cross ruled unconstitutional by federal jurist who says it promotes one religion over another."

The Greenville News reports that "Legislation creating 'I Believe' license plans unconstitutional, judge rules."

And The Associated Press reports that "Federal judge nixes SC license tag with cross."

You can access yesterday's ruling of the U.S. District Court for the District of South Carolina at this link.
Posted at 02:11 PM by Howard Bashman



"Class Actions Look for a Home": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "In a major class action case, the U.S. Supreme Court looks likely to reverse a 9th U.S. Circuit Court of Appeals ruling that makes it easier to sue big companies in plaintiff-friendly California state courts."

And Dow Jones Newswires report that "US Supreme Court Appears Set To Change Corporate Location Test."
Posted at 01:58 PM by Howard Bashman



"Justice O'Connor's Husband Dead at 79": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And The Associated Press reports that "Husband of retired Justice O'Connor dies."
Posted at 11:55 AM by Howard Bashman



How much is a volume of the Georgetown Law Journal worth to you? To Texas prison inmate, it was worth strike three under the Prison Litigation Reform Act. A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling yesterday.
Posted at 11:27 AM by Howard Bashman


"While the issue is difficult and close, we believe that the rule against juror impeachment cannot be applied so inflexibly as to bar juror testimony in those rare and grave cases where claims of racial or ethnic bias during jury deliberations implicate a defendant's right to due process and an impartial jury." An email from a juror to the attorney for a criminal defendant in a case tried in the U.S. District Court for the District of New Hampshire resulted in this rather interesting ruling yesterday from the U.S. Court of Appeals for the First Circuit.
Posted at 11:14 AM by Howard Bashman


"Court ruling issued on Eagle Mountain landfill": The "Daily News Digest" blog of The Press-Enterprise of Riverside, California has a post that begins, "A three-judge panel of the 9th Circuit Court of Appeals issued a ruling [yesterday] on the proposed Eagle Mountain landfill near Joshua Tree National Park."

At the recently restarted blog "How Green Is My Country," Sarah Rispin has a post titled "Ninth Circuit Affirms Reversal of BLM Decision Allowing Landfill Next to Joshua Tree."

At the "Native Intelligence" blog of LAObserved, Deanne Stillman has this post about the ruling.

And Kaiser Ventures has issued a news release titled "U.S. Court of Appeals for the Ninth Circuit Announces Its Decision on the Eagle Mountain Land Exchange."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Senior Circuit Judge Stephen S. Trott's dissenting opinion begins:

What sane person would want to attempt to acquire property for a landfill? Our well-meaning environmental laws have unintentionally made such an endeavor a fool's errand. This case is yet another example of how daunting -- if not impossible -- such an adventure can be. Ulysses thought he encountered fearsome obstacles as he headed home to Ithaca on the Argo, but nothing that compares to the "due process" of unchecked environmental law. Not the Cyclops, not the Sirens, and not even Scylla and Charybdis can measure up to the obstacles Kaiser has faced in this endeavor.
The dissenting opinion begins on page 33 of yesterday's ruling.
Posted at 10:57 AM by Howard Bashman


"From Justice Kennedy, a Lesson in Journalism": Adam Liptak has this interesting front page article today in The New York Times.
Posted at 10:00 AM by Howard Bashman


"Pfizer and Kelo's Ghost Town: Pfizer bugs out, long after the land grab." This editorial appears today in The Wall Street Journal.

Related news coverage can be accessed here from The Hartford Courant and here, here, here, here, and here from The Day of New London, Connecticut.
Posted at 08:35 AM by Howard Bashman



"Justices Sympathetic to Applying Headquarters Standard to Corporate Jurisdiction": Tony Mauro of The National Law Journal has this report.

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Hertz Corp. v. Friend, No. 08-1107.
Posted at 08:27 AM by Howard Bashman



"Yoo's lawyers warn of flood of political suits": Bob Egelko has this article today in The San Francisco Chronicle.

And The Associated Press reports that "Former Bush aide seeks to toss torture memos suit."

As noted in this post from yesterday morning, I have posted the appellate brief at this link.
Posted at 08:24 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