How Appealing

Friday, November 17, 2006

"Court Battle Likely on Affirmative Action; Michigan Voters Approved Ban, but Opponents of the Measure Persist": This article will appear Saturday in The Washington Post.
Posted at 11:10 PM by Howard Bashman


"Altria, Reynolds Can Appeal U.S. 'Lights' Case Ruling": Bloomberg News provides this report.

And Reuters reports that "Appeals court to review light cigarette case."
Posted at 11:08 PM by Howard Bashman



Bob Egelko is reporting: In today's edition of The San Francisco Chronicle, he has articles headlined "Bonds trainer loses appeal on BALCO testimony; Contempt of court ruling upheld -- he's due back in prison" and "Imprisoned journalist denied new hearing."

In addition, a news update headlined "Appeals court throws out $34.2 million judgment for the Raiders" reports on a ruling that the California Court of Appeal for the Third Appellate District issued today.
Posted at 11:00 PM by Howard Bashman



"'Sham' Guantanamo hearings detailed; Seton Hall prof's analysis finds evidence for detainees withheld": The Associated Press provides this article about a report titled "No-Hearing Hearings: An analysis of the proceedings of the government's combatant status review tribunals at Guantanamo."
Posted at 10:57 PM by Howard Bashman


"Suing 'Borat'? High five! In one of the few U.S. traditions the movie doesn't lampoon, two students caught on tape are suing the filmmakers." The Los Angeles Times today contains this editorial.
Posted at 10:54 PM by Howard Bashman


"Man Arrested In Burglary at Site of Slaying; Prominent Lawyer Killed At Same D.C. Rowhouse": This article appears today in The Washington Post.
Posted at 10:44 PM by Howard Bashman


"Council Suspends Sullivan": From Connecticut, The AP provides a report that begins, "Former state Supreme Court Chief Justice William Sullivan was suspended for 15 days today for violating the code of judicial conduct by delaying the release of a court ruling to help a potential successor win confirmation."

And earlier today, The Connecticut Law Tribune reported that "Evidence Complete In Sullivan Hearing."
Posted at 10:38 PM by Howard Bashman



"State high court upholds Internet child-sex laws": The Associated Press provides a report that begins, "Two state laws designed to crack down on sexual predators who use the Internet to prey on children do not violate constitutional rights of free speech and interstate commerce, the Florida Supreme Court ruled Thursday."

You can access yesterday's ruling of the Supreme Court of Florida at this link.
Posted at 10:35 PM by Howard Bashman



"Child Born to Lesbian Couple Will Have 2 Mothers Listed": Yesterday's edition of The New York Times contained an article that begins, "A lesbian couple in South Jersey won court approval this week to have both of their names listed as parents on the birth certificate of their newborn, and the attorney general's office said it will no longer oppose such applications."
Posted at 10:25 PM by Howard Bashman


"Electronic Filing on Appeal: What Does the Future Hold?" The new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 10:18 PM by Howard Bashman


Back home: After two days in New York City, I arrived back home a bit earlier tonight.

The CLE conference had an interesting and eclectic mix of presenters, and those in attendance asked some great questions during my two speaking appearances.

I had the pleasure of having dinner with PG of the "De Novo" blog last night at Gennaro, and she's as wonderful in person as you'd expect from her blog posts.

Today, I had the pleasure of meeting Joe Goldstein of The New York Sun for breakfast, and Adam Liptak made it back from his speaking appearance yesterday in Detroit in time to host me for a cup of coffee this afternoon at the headquarters of The New York Times.
Posted at 09:03 PM by Howard Bashman



"Countless commercial e-mail messages, known colloquially as 'spam,' pass through the Internet every day, inspiring frustration, countermeasures, and -- as here -- lawsuits." The U.S. Court of Appeals for the Fourth Circuit today issued a decision applying the federal CAN-SPAM Act. According to today's ruling, "The CAN-SPAM Act addresses 'spam' as a serious and pervasive problem, but it does not impose liability at the mere drop of a hat."
Posted at 08:52 PM by Howard Bashman


"Just the Facts, Please": In the November 20, 2006 issue of CQ Weekly, columnist Kenneth Jost has an essay that begins, "Everybody's entitled to his opinion, it is said, but not to his own facts. Congress, however, decided to make up its facts when it wrote a law in 2003 banning a procedure that opponents call 'partial-birth abortion.'"
Posted at 08:37 PM by Howard Bashman


"Justice Newman Stepping Down; Pennsylvania's first woman justice to head big firm appellate practice": This article will appear in Monday's issue of Pennsylvania Law Weekly.

The Philadelphia Inquirer provides a news update headlined "Newman to step down from Pa. Supreme Court."

And The Associated Press reports that "Justice Sandra Schultz Newman to resign from Pa. Supreme Court."
Posted at 08:33 PM by Howard Bashman



"Retired Supreme Court justice lectures on equality": The Oxford (Ohio) Press yesterday published an article that begins, "When retired Supreme Court Justice Sandra Day O'Connor was a young girl living on an Arizona cattle ranch, she never thought a woman would be considered for president in her lifetime." (Via "Discriminations").

In other coverage, The Cincinnati Enquirer on Wednesday reported that "O'Connor maintains courtly manner."

And The Palladium-Item of Richmond, Indiana has posted online an mp3 file of the question and answer session with Justice O'Connor Tuesday evening at Miami University of Ohio.

In more recent coverage, The Associated Press reports today that "O'Connor says schools need to teach more civics."

And Arizona State University has today issued a news release entitled "College of Law lauds namesake with ceremony."
Posted at 08:27 PM by Howard Bashman



"LR appellate judge in St. Louis hospital; Condition satisfactory after heart attack": The Arkansas Democrat-Gazette today contains an article that begins, "Morris S. Arnold of Little Rock was hospitalized Wednesday night in St. Louis, where he is a judge on the 8th U.S. Circuit Court of Appeals, after having a heart attack. Arnold, 65, officially took senior status less than a month ago. That designation reduces his caseload while he continues to serve on the court that hears appeals from federal courts in seven states including Arkansas." The article goes on to report that Judge Arnold was "feeling fine" and is scheduled to be discharged from the hospital on Saturday.

My wife and I had the pleasure of visiting with "Buzz" Arnold in Brainerd, Minnesota this summer, and we both found him to be a delight. He has our best wishes for a speedy and complete recovery.
Posted at 08:14 PM by Howard Bashman



"O'Connor details half-baked attempt to kill Supreme Court": CNN.com provides this report.
Posted at 08:00 PM by Howard Bashman


"Interview With Chief Justice Roberts": ABC News has posted online at this link the complete transcript of Jan Crawford Greenburg's conversation Monday evening with Chief Justice John G. Roberts, Jr. My earlier coverage appeared here and here.
Posted at 01:28 PM by Howard Bashman


"Circuit Breaker: The High Court vs. Death Penalty Foolishness." Yesterday in The Washington Post, columnist George F. Will had an op-ed that begins, "There should be two Supreme Courts, one to reverse the U.S. Court of Appeals for the 9th Circuit, the other to hear all other cases."
Posted at 06:33 AM by Howard Bashman


Programming note: I'll be presenting at a blog law continuing legal education conference today in New York City. Because the CLE venue doesn't offer wireless internet access, additional posts may not appear online here until tonight.
Posted at 06:28 AM by Howard Bashman


"Jailed Freelance Journalist Loses Request for Rehearing": The New York Times today contains an article that begins, "A federal appeals court has denied a request for a rehearing from a freelance video journalist and blogger who has been jailed for three months for refusing to cooperate with a grand jury investigation of a violent anticapitalist protest."
Posted at 06:25 AM by Howard Bashman


"Justice Recalls Treats Laced With Poison": Linda Greenhouse has this article today in The New York Times. My earlier coverage appears at this link.
Posted at 06:20 AM by Howard Bashman


"Alito Urges Judges to Show Restraint": The Associated Press provides this report.
Posted at 06:17 AM by Howard Bashman


"By Process of Intimidation: A portrait of Jesus and a lawsuit." Dimitri Cavalli has this essay today in The Wall Street Journal.
Posted at 06:14 AM by Howard Bashman


The New York Sun is reporting: Joseph Goldstein today has an article headlined "Death Penalty May Be Revived By High Court" that begins, "When New York's highest court decides an appeal of the state's remaining death sentence case next year, the judges may show little allegiance to the court's landmark 2004 decision striking down the death penalty, legal observers say."

And Josh Gerstein has an article headlined "U.S. Lawyers: Libby May Have Disclosed Iraq Secrets."
Posted at 06:08 AM by Howard Bashman



In commentary available online at FindLaw: John W. Dean has an essay entitled "The President's Decision to Resubmit Five Highly Controversial Judicial Nominees: Why It's a Mistake, and How to Fix the Broken Confirmation Process."

And Carl Tobias has an essay entitled "Are The Federal Courts In Republican Sights In What Remains of the 109th Congress? Handicapping The Judiciary In The Lame Duck Session."
Posted at 06:05 AM by Howard Bashman



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