How Appealing

Thursday, December 29, 2005


"Magna Cum Saudi": This Solomon Amendment-related editorial appears today in Investor's Business Daily. The editorial begins, "Representatives of autocratic theocracies that finance terror, oppress women and consider homosexuality a capital crime are welcomed at Harvard and other campuses. But not the U.S. Marines."
Posted at 10:33 PM by Howard Bashman



"U.S. Marshals Provide Wide Range of Services": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:20 PM by Howard Bashman



Available online from law.com: Mary M. Cheh has a commentary entitled "After 25 Years of Work, Conservatives Demand Their Justices."
Posted at 10:15 PM by Howard Bashman



Is the very existence of the Oregon Court of Appeals unlawful? Not surprisingly, the judges on that court don't seem to think so: The blog "OrCon Law" offers a post titled "Oregon Court of Appeals Confirms its own Existence" about this ruling issued yesterday.
Posted at 09:10 PM by Howard Bashman



Bork sued by two girls who were suspended from a Christian high school on suspicion that they were lesbians: The Press-Enterprise of Riverside, California last week published articles headlined "Ousted girls sue church school; The lawsuit says they were suspended because the principal suspected they were gay" and "Judge: Teens' names cannot be released; Two girls say a private school expelled them because they were suspected of being gay." Defendant Bork is not former D.C. Circuit Judge Robert H. Bork; rather, it's the school's principal, Pastor Gregory Bork.

In other coverage, The Associated Press reports that "Calif. Teens Accused of Being Lesbians Sue."
Posted at 09:04 PM by Howard Bashman




"Slate's Jurisprudence: The Year In Law." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:28 PM by Howard Bashman



Delaware-based U.S. District Court properly denied confirmation of Armstrong World Industries' bankruptcy reorganization plan, U.S. Court of Appeals for the Third Circuit rules: Those interested in asbestos-related bankruptcy proceedings and/or the law of "cram down" may find today's ruling of interest.
Posted at 04:15 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Seventh Circuit: Notwithstanding recent coverage in The New York Times, the problem persists. Today, Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel, issued an opinion that begins, "At the risk of sounding like a broken record, we reiterate our oft-expressed concern with the adjudication of asylum claims by the Immigration Court and the Board of Immigration Appeals and with the defense of the BIA's asylum decisions in this court by the Justice Department's Office of Immigration Litigation."

And a separate ruling issued today holds that General Motors' Affinity Group Guidelines, which prohibit the conferral of Affinity Group status on any group promoting or advocating a religious position, did not constitute discrimination on the basis of religion by GM against an employee who sought to initiate a Christian Employee Network.
Posted at 04:11 PM by Howard Bashman




"Like the wheels on a bus, this issue has gone round and round the bankruptcy courts." The U.S. Court of Appeals for the Fifth Circuit yesterday issued an opinion (posted online today) that begins:
This case concerns the classification of a school bus under the Louisiana statute that outlines exemptions available in a bankruptcy. Specifically, the question is whether a school bus is a tool or a motor vehicle under the state's exemption statute. Like the wheels on a bus, this issue has gone round and round the bankruptcy courts. For the reasons stated below, we hold that a school bus is a motor vehicle under Louisiana's exemption statute.
Circuit Judge Fortunato P. Benavides is the opinion's author.
Posted at 04:00 PM by Howard Bashman



Attorney's willful failure to pay income taxes did not justify order disbarring him from practice in the U.S. District Court for the Eastern District of Virginia, Fourth Circuit panel rules: Today's ruling of the U.S. Court of Appeals for the Fourth Circuit -- holding that willful failure to pay income taxes is not a "serious crime" -- can be accessed here.
Posted at 03:50 PM by Howard Bashman



"Adult store gives up 6-year fight; The city said Christal's was in a prohibited area; Its owners lost a U.S. Supreme Court ruling in 2004 but kept fighting; Mounting fines apparently led to the closure": The Denver Post contains this article today. The U.S. Supreme Court's ruling from June 2004 can be accessed here.
Posted at 03:40 PM by Howard Bashman



"Flour in condoms sent her to jail; A college student spent 3 weeks in jail after a field test said she was carrying drugs; She filed a lawsuit": This article appears today in The Philadelphia Inquirer.
Posted at 02:14 PM by Howard Bashman



"The Professor of Terror: Why Sami al-Arian got off this time." Ronald Radosh has this essay in the January 2, 2006 issue of The Weekly Standard.
Posted at 02:00 PM by Howard Bashman



"Hunt is on for the blawgger of Ealing; An anonymous London magistrate is lifting the lid on what the courts are really like": The Times of London today contains this article reporting on the blog "The Law West of Ealing Broadway." The article begins, "It is a question that is exercising some of Britain's greatest legal minds: who is the blogging magistrate from West London baring almost all in his online diary?" The article closes with a note recounting the story of Article III Groupie and the now-defunct "Underneath Their Robes" blog.
Posted at 01:54 PM by Howard Bashman



"Disability act raised in capital case; Condemned inmate's lawyers raise novel angle in appeal to governor": The Sacramento Bee today contains an article that begins, "State executioners will be violating the Americans with Disabilities Act if they make the aged and infirm Clarence Ray Allen walk the final steps to his death, the condemned murderer's attorneys say."
Posted at 01:38 PM by Howard Bashman



Death and taxes: Back in September 2004, "TaxProf Blog" had a post titled "District Court Stops Sale of 'Tax Toolbox.'" Today the "Tax Toolbox" is one step closer to death as the U.S. Court of Appeals for the Sixth Circuit has issued a ruling affirming the permanent injunction that prohibits its creator from promoting, marketing or selling the program. Some additional information is available in this USDOJ press release from September 2004.
Posted at 11:48 AM by Howard Bashman



Colorado-based federal district judge preliminarily enjoins certain federal regulations imposing record-keeping requirements on the producers of pornography: The Free Speech Coalition has issued a press release entitled "Judge Miller Has Issued a Ruling on Plaintiff's Motion for a Preliminary Injunction in Free Speech Coalition v. Gonzales."

You can access yesterday's ruling of the U.S. District Court for the District of Colorado at this link. Adult Video News reports that "Judge Rules in Favor of Industry On 2257 Case." And The Associated Press provides additional coverage.
Posted at 11:23 AM by Howard Bashman




"New Papers Released on Supreme Court Nominee Alito": This segment (RealPlayer required) featuring Tom Goldstein appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:12 AM by Howard Bashman



"Judge Alito and Executive Power": At "Balkinization," Sandy Levinson has a post this morning that begins, "Samuel Alito may turn out, perhaps fortunately for the rest of us, to be a victim of cruel fate, being the wrong person in the wrong place at the wrong time."
Posted at 07:20 AM by Howard Bashman



"Alito Urged Government Not to Appeal Black Panther Case": Charles Lane has this article today in The Washington Post.

In The Boston Globe, Charlie Savage reports that "Black Panther case shifts a debate on Alito; Nominee once argued that civil rights suit shouldn't be blocked." The newspaper also contains an editorial entitled "Scales of justice tipped."

The Newark (N.J.) Star-Ledger reports that "Alito urged U.S. to back off plea in Panther case."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Feds release more Alito files as Reagan aide."

The New York Sun reports that "Documents Show Alito As Cautious."

The Washington Times reports that "New documents show Alito challenged Justice bosses."

The Trenton Times reports that "Trip to Alito hearings draws fire."

And The Associated Press reports that "Former Students Say Alito Is Open-Minded."
Posted at 07:15 AM by Howard Bashman




The Los Angeles Times is reporting: Today's newspaper contains articles headlined "Justices Are Asked to Act on Padilla" and "Gospel According to Gullah; In the Sea Islands off South Carolina, descendants of slaves help translate the Bible into the rich language of their ancestors."
Posted at 07:04 AM by Howard Bashman



"Pacific Bell bias verdict upheld; Company denied job to ex-mental patient": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 06:58 AM by Howard Bashman



In today's edition of The Chicago Tribune: Jan Crawford Greenburg has a lengthy article headlined "How focus on Roe pushes aside other court issues."

In other news, "When jail time just won't do, the judge may opt to humiliate you."

And an article reports that "Prosecutor to fight strip-search court ruling; Will County Jail frisks called unconstitutional."
Posted at 06:50 AM by Howard Bashman




"Chief justice transformed bench; Under his leadership, Supreme Court gave states' rights a boost": Today in USA Today, Joan Biskupic has an article that begins, "In the fall of 1971, William Rehnquist was a Justice Department lawyer known for his disdain for Supreme Court rulings that he believed coddled criminal defendants."
Posted at 06:44 AM by Howard Bashman



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