How Appealing

Friday, November 16, 2007

"Court rejects challenge to wiretap program; The Bush administration's warrantless spy effort is protected by the 'state secrets' privilege, federal judges rule": Henry Weinstein of The Los Angeles Times provides this news update.
Posted at 03:05 PM by Howard Bashman

"9th Circuit Deals Setback to NSA Surveillance Victim":'s "Threat Level" blog this afternoon has a post that begins, "Two Americans who claim to have been given proof they were spied on by the government's secret, post-9/11 surveillance program can not use the document the government accidentally turned over to prove that they were spied on because the government claims that it will endanger national security, a federal appeals court ruled Friday. A three-judge panel at the 9th Circuit Court of Appeals reversed a lower court decision that required that the plaintiff's lawyers turn all copies of the document over to the court, but let them reconstruct - on secure computers - their recollections of the document in order to prove they had standing to sue the government."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit in Al-Haramain Islamic Foundation v. Bush at this link. And the trial court's ruling can be accessed here.

Update: The Associated Press reports that "Court Deals Blow to Wiretapping Case."
Posted at 01:44 PM by Howard Bashman

"Bush judicial nominee sued, accused of defamation": The Virginian-Pilot today contains an article that begins, "E. Duncan Getchell Jr., a Richmond lawyer nominated to the federal appeals court, was accused this week of making a costly error in 2005, then spreading false statements about it and shifting the blame to another lawyer to save his judicial nomination."
Posted at 01:33 PM by Howard Bashman

Federal Circuit affirms jury verdict holding that Microsoft infringed another company's patents relating to the prevention of software piracy: You can access today's ruling at this link. I guess the jury didn't buy the defense that sometimes you must improperly use someone else's intellectual property to ensure that others aren't improperly using your intellectual property.
Posted at 11:28 AM by Howard Bashman

"The dissent characterizes the wearing of the GPS monitoring system as 'a catalyst for public ridicule' akin to traditional forms of community shaming or humiliation." So writes the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today in rejecting a sex offender's challenge to a requirement under the Tennessee Serious and Violent Sex Offender Monitoring Pilot Project Act that he wear a GPS tracking device. According to the majority opinion:
The device that Doe must wear is relatively unobtrusive, measuring only 6 inches by 3.25 inches by 1.75 inches and weighing less than a pound. In its size, shape, and placement (hooked to a belt), it appears very similar to a walkie-talkie or other nondescript electronic device. Furthermore, we have every reason to believe that the dimensions of the system, while not presently conspicuous, will only become smaller and less cumbersome as technology progresses. We similarly cannot agree that the device's appearance would suggest to the casual observer that the wearer is a criminal, let alone a sex offender. The monitoring system could easily be viewed as a two-way communication device, a personal organizer, a medical apparatus, or as a monitoring system for employees entrusted with company property, such as delivery drivers or couriers. However, even assuming the public would recognize the device as a criminal monitor, there is no evidence to suggest an observer would understand the wearer to be a sex offender. These devices can be utilized in a variety of contexts, such as pretrial monitoring and work release, and are, in fact, advertised for use in such situations. Indeed, the dissent can only point to a single incident wherein a member of the public recognized the device as a monitor, and, even then, there was no evidence to suggest that the observer knew the device to be one that monitored sex offenders, as opposed to criminals generally.
You can access today's ruling at this link.
Posted at 11:14 AM by Howard Bashman

"A bout of gas or indigestion does not justify a race to the courthouse." Circuit Judge Brett M. Kavanaugh today issued an opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit that begins, "In this case, a group of lactose-intolerant individuals filed an unusual class-action lawsuit against nine sellers of milk. The plaintiffs allege that they consumed milk before they were aware of their lactose intolerance and, as a result, suffered temporary gas and stomach discomfort. According to plaintiffs, the milk sellers should have put warnings on the labels, informing consumers that some individuals might be intolerant of milk."
Posted at 11:08 AM by Howard Bashman

"Senate to Debate Telecom Firms' Immunity in Surveillance Role": Dan Eggen has this article today in The Washington Post.

The New York Times reports today that "Panel Drops Immunity From Eavesdropping Bill."

And in The Washington Times, U.S. Senator Russ Feingold (D-WI) has an op-ed entitled "Fixing the surveillance law."
Posted at 09:44 AM by Howard Bashman

"Calif. Court Rejects SUV Mileage Rules": This front page article appears today in The Washington Post.

The New York Times reports today that "Court Rejects Fuel Standards on Trucks."

The Los Angeles Times reports that "Ruling may drive tighter fuel standards; The federal appeals court decision targets a loophole that lets top-selling sport utility vehicles get fewer miles per gallon than passenger cars."

The San Francisco Chronicle reports that "Truck, SUV mileage standards thrown out by U.S. appeals court."

And USA Today reports that "Court orders tougher fuel rules; Lawsuit challenged goals for pickups, minivans and SUVs."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:30 AM by Howard Bashman

"Judge stops enforcement of silence law": Today's edition of USA Today contains an article that begins, "A federal judge put a stop Thursday to enforcing a mandatory moment of silence in Illinois public schools that opponents say is an attempt to institute school prayer."

My earlier coverage appears at this link.
Posted at 09:23 AM by Howard Bashman

"Doctor barred by Missouri helps in federal executions; A judge cites the physician's dyslexia in banning him from participation in state lethal injections; His role has been cited in several death penalty challenges": Henry Weinstein had this article yesterday in The Los Angeles Times.
Posted at 09:21 AM by Howard Bashman

"Supreme Court halts Florida execution": The Miami Herald contains this article today.

Today in The Christian Science Monitor, Warren Richey reports that "U.S. Supreme Court stays Florida execution; The case is the latest showdown over whether lethal injections should be delayed until a key death penalty decision."

The Orlando Sentinel reports that "Top court halts execution -- killer's future uncertain."

The Palm Beach post reports that "Killer, slain boy's family wait as courts say yes, no to execution."

The Tallahassee Democrat contains articles headlined "Schwab stay marks nationwide halt to executions" and "Supreme Court halts Schwab execution."

Florida Today contains an article headlined "Schwab met family, declined meal, before call" and an editorial entitled "Justice delayed: Rios-Martinez family deserves swift decision in Schwab death penalty debate."

And The New York Times reports that "Justices Move Again to Postpone an Execution."
Posted at 09:03 AM by Howard Bashman

"Red Cross Monitors Barred From Guantanamo": This article appears today in The New York Times.

My earlier coverage appears at this link.
Posted at 09:00 AM by Howard Bashman

"Federal Prosecutor Nominated To Appeals Court in Richmond": The Washington Post today contains an article that begins, "The Bush administration nominated Maryland's top federal prosecutor, U.S. Attorney Rod J. Rosenstein, late yesterday to fill a long-standing vacancy on the federal appeals court in Richmond."

And The Baltimore Sun reports today that "Bush picks U.S. attorney for Md. for 4th Circuit."
Posted at 08:50 AM by Howard Bashman

"For Ashcroft, Something Old, Something Nude": Today in The Washington Post, Al Kamen's "In the Loop" column begins, "It was, let's face it, inevitable. And so, on Wednesday, at the swearing-in of Attorney General Michael Mukasey at the Justice Department, former attorney general John D. Ashcroft was reunited with 'The Spirit of Justice,' the 12-foot Art Deco-era sculpture his aides once famously covered with giant blue drapes at a cost of more than $8,000."
Posted at 08:47 AM by Howard Bashman

"Federalists Relish Well-Placed Friends; President, Several Justices Help Celebrate Legal Society's 25 Years of Conservatism": Robert Barnes has this article today in The Washington Post. Also in that newspaper today, Dana Milbank's "Washington Sketch," headlined "Let's Do the Time Warp Again," begins, "The Earth has circled the sun 16 times since Clarence Thomas took his seat at the Supreme Court. But for Justice Thomas, it's forever 1991. Thomas may be a mute during oral arguments, but yesterday he opened his heart in the safe confines of the conservative Federalist Society's annual gathering. And it took him precisely 31 seconds to get to the subject most on his mind: his confirmation battle."

Today in The Los Angeles Times, David G. Savage reports that "Bush, justices address Federalist Society; Most of the president's remarks to the conservative legal group attack the Senate confirmation process as harsh and partisan."

The Washington Times contains an article headlined "Bush: Politics sully nominees."

And Legal Times has an article headlined "Justice Thomas to Federalist Society: 'What Happened to My Life?'"
Posted at 08:32 AM by Howard Bashman

"Bonds Charged With Perjury in Steroids Case": This article appears today in The New York Times, along with an article headlined "Bonds's Trainer Is Released, but He Isn't in Clear Yet." Murray Chass has an "On Baseball" column headlined "Indictment Deepens Baseball's Shame." And sports columnist George Vecsey has an essay entitled "The Truth Could Have Set Bonds Free."

The Washington Post today contains a front page article headlined "Home Run King Bonds Charged With Perjury," along with articles headlined "An Asterisk Looms Over Baseball: Game's Most Hallowed Mark Is Again Called Into Question" and "Herein Lies A Lesson: Bonds Joins a Fraternity Of Those Charged With Deceiving, Not With Doing." And sports columnist Michael Wilbon has an essay entitled "Giant Catch for Feds."

In The Los Angeles Times, Henry Weinstein reports that "Barry Bonds case could hinge on a single word: 'knowingly'; To make perjury charges stick, prosecutors must prove that baseball's home run king knew he was using performance enhancing substances." The newspaper also contains articles headlined "Bonds charged with perjury; The home run king also faces an obstruction of justice indictment over whether he lied under oath about steroid use" and "Bonds' legacy is safe at home; For the most part, San Franciscans say the indictment doesn't affect their admiration for the former Giant."

The San Francisco Chronicle contains articles headlined "Barry Bonds indicted on 4 perjury counts, obstruction of justice"; "The key evidence of steroid use in government's case against Bonds"; "As Bonds heads to court, MLB troubles mount"; and "Indictment of Bonds changes few minds among fans." In addition, columnist Gwen Knapp has an essay entitled "Barry Bonds won't be running the show in the courtroom."

USA Today contains a front page article headlined "Baseball's home run king faces possibility of prison; Bonds' career likely over after indictment alleges he lied about using steroids."

And The Recorder reports that "Barry Bonds Indicted for Perjury, Obstruction of Justice."
Posted at 08:24 AM by Howard Bashman

"Bush Announces 5 Nominees for Top Justice Posts": The New York Times contains this article today.

And Legal Times reports that "Bush Fills Five DOJ Vacancies."
Posted at 08:14 AM by Howard Bashman

"Vioxx Plaintiffs' Choice: Settle or Lose Their Lawyer." This article appears today in The Wall Street Journal.
Posted at 08:07 AM by Howard Bashman

"In Contempt": The New York Times today contains an editorial that begins, "White House Chief of Staff Joshua Bolten and Harriet Miers, the former White House counsel, showed their utter disregard for Congress, the Constitution and the American people when they defied Congressional subpoenas in the United States attorneys scandal. The House Judiciary Committee rightly voted to hold them in contempt, and now the matter goes to the full House."
Posted at 08:01 AM by Howard Bashman

"Supreme Court to settle tug of war over the Delaware; Plan to build natural gas plant on riverbank strains two states' ties": This article appears today in USA Today.
Posted at 07:50 AM by Howard Bashman

"Why was assault called harassment?" Today in The Houston Chronicle, columnist Rick Casey has an op-ed that begins, "I may have been too harsh Sunday when I criticized the 19-member judicial council of the 5th U.S. Circuit for characterizing the alleged behavior of U.S. District Judge Samuel Kent as 'sexual harassment.'"
Posted at 07:44 AM by Howard Bashman

"Appeals court says Arizona attorneys must serve as arbitrators": The Associated Press provides a report that begins, "A federal appeals court on Thursday upheld an Arizona court rule requiring lawyers to serve as arbitrators on some civil cases with little pay, even if they object."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:40 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links'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




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


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




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


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


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


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

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


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

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


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


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



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


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog