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Sunday, November 30, 2003
"On Same-Sex Marriage": Columnist William Safire will have this op-ed in Monday's issue of The New York Times.
Posted at 23:44 by Howard Bashman
"A Case of Church and State and the States": Charles Lane will have this article in Monday's edition of The Washington Post. Posted at 23:40 by Howard Bashman Elsewhere in Sunday's newspapers: The Los Angeles Times reports that "Patriot Act Author Has Concerns; Detaining citizens as 'enemy combatants' -- a policy not spelled out in the act -- is flawed, the legal scholar says." An article reports that "GOP Puts Its Mark on Congress and Deficit." The Magazine section contains articles headlined "The Sons of Sante Kimes: The Notorious Grifter's Two Boys Followed Strikingly Different Paths, But Destiny Has Brought Them Together in an L.A. Legal Drama. This Time It's a Matter of Life and Death" and "Sante Kimes' Relentless Pursuit of Postponement." And letters to the editor appear under the headings "How U.S. Is Redefining Institution of Marriage" and "Helping the Sick Should Not Be a Crime." The Boston Globe reports that "Patriot Act stirs worry, but it's been little-used." In related news, "New surveillance guidelines fuel debate in California; Concerns raised on civil liberties." In local news, the first article in a three-part series is headlined "In death, Geoghan triggers another crisis." In news relating to gay marriage, "Bishops call SJC decision 'tragedy'" and "Protestants weigh same-sex marriage." An article reports that "Bush presses funding for faith groups." And James M. Shannon has an op-ed entitled "Misreading the SJC on gay marriage." The Washington Times reports that "Gay 'marriage' looms as 'wedge.'" In other news, "Affirmative action backers push for Connerly's ouster." An article reports that "Guantanamo probe snares Army colonel." And L. Brent Bozell III has an op-ed entitled "Ring of extremism." Posted at 22:20 by Howard Bashman "US To Release Guantanamo Bay Terrorist Suspects": Voice of America News provides this report. And BBC News reports that "US 'set for Guantanamo releases.'" Posted at 22:10 by Howard Bashman "Sniper Trial to Resume after Holiday Break": Tonight's edition of NPR's "All Things Considered" contained a report described as follows: The trial of Lee Boyd Malvo, one of two men accused in last year's sniper shootings in the Washington, D.C., area resumes Monday after taking a break for the Thanksgiving holiday weekend. Malvo's lawyers are using an insanity defense, arguing Malvo was manipulated by his accomplice, John Allen Mohammed. NPR's Jackie Northam reports.You can hear the report by clicking here (Real Player required). Posted at 22:05 by Howard Bashman "Confirmation Gridlock: The Federal Judicial Appointments Process Under Bill Clinton and George W. Bush." This essay by John Anthony Maltese appears in the current issue of The Journal of Appellate Practice and Process. Posted at 21:59 by Howard Bashman The Associated Press is reporting: "Convicted Sniper May Appear in Malvo Trial"; "Colorado Court to Decide Redistricting"; "Mass. Bishops Bewail Gay Marriage Ruling"; "Youngest death-row inmates seek life"; "Michigan's Admissions Lagging After Ruling"; "Janklow Manslaughter Trial Begins Monday"; "Redistricting Divides Small Texas Town"; "Lincoln Wasn't As Quotable As Some Think"; and "Things Lincoln Never Said." Posted at 18:05 by Howard Bashman In just eight hours from now: I will be posting online here the December 2003 installment of "20 questions for the appellate judge." December's interviewee is Seventh Circuit Judge Richard A. Posner. Posted at 16:00 by Howard Bashman "Hopelessly Unjust: Prosecution admits anything goes in aid of execution." This editorial appears today in The Houston Chronicle. Posted at 15:55 by Howard Bashman "The Democratic memos: Does anybody care?" Byron York had this essay in Wednesday's issue of The Hill. Posted at 15:53 by Howard Bashman "Eutaw joins war on death penalty; Resolution marks milestone in push to halt executions": This article appears in today's edition of The Birmingham News. Posted at 15:50 by Howard Bashman "Dad fights school for more of child's time": The Cleveland Plain Dealer today contains this report. Posted at 15:49 by Howard Bashman "Massachusetts a state divided over same-sex marriage: It's an issue that isn't cut-and-dried for many people, as the state's religious heritage collides with its progressive leanings." This article appears today in The St. Petersburg Times. Posted at 14:29 by Howard Bashman Coming soon to a newsstand near you: The December 8, 2003 issue of Time magazine contains articles headlined "Inside 'The Wire': Security breaches. Suicidal detainees. A legal challenge heading to the Supreme Court. Welcome to Guantanamo" and "Enemies Within? On the Base: Fear of Spying." The December 8, 2003 issue of Newsweek contains articles headlined "Amending Their Ways: Author of a bid to enshrine marriage has surprising allies"; "Gay Marriage: Touting the His-His Suite"; and "The Litigation: Looking For Payback; Their trust betrayed, investors are joining class-action suits." Finally, the December 8, 2003 issue of U.S. News and World Report contains an article headlined "Letter From South Dakota: A death at a crossroads." Posted at 13:40 by Howard Bashman In Sunday's newspapers: The Washington Post reports that "Recording Reveals Malvo's Resolve; Both Sides Say Tape Proves Case." In other news, "Smugglers Enticed by Dirty Bomb Components; Radioactive Materials Are Sought Worldwide." An article reports that "Abortion Clinics Targeted Before They Are Built; Foes Threaten to Boycott Contractors." In other news, "Army Officer's Actions Raise Ethical Issues." Editorials are entitled "A New Approach" and "Unhappy Anniversary." Columnist George F. Will has an essay entitled "Culture and What Courts Can't Do." And Vincent Schiraldi has an essay entitled "Finally, States Release The Pressure on Prisons." In The New York Times, Frank Rich has an essay entitled "America Tunes In for the Money Shot." And online at OpinionJournal, you can access an editorial entitled "Washington's Commandments: The capital is rife with religious symbols. Shh! Don't tell the ACLU!" Posted at 12:30 by Howard Bashman In news from Ann Arbor: The Ann Arbor News today reports that "U-M admissions lag last year; New system, crafted after Supreme Court rulings, got late start" and that "New application receives good grades; Local high school seniors say essays are more work but provide a better picture." Posted at 09:29 by Howard Bashman "Student's suit may shift line on religion": The Seattle Times today provides this preview of a case in which the U.S. Supreme Court will hear oral argument on Tuesday. And The Hartford Courant this past Thursday contained an article headlined "Court To Hear Case On Religion; Ministry Student Sued After Washington State Refused Aid For His Studies, Citing Church-State Conflict." Posted at 09:18 by Howard Bashman "Low-profile Gullah community is at risk": The Miami Herald today contains this report. Posted at 09:17 by Howard Bashman "Remap ruling draws nation's eyes; Opinion due Monday may affect others on how often redistricting is allowed": This article appears today in The Denver Post. Posted at 09:15 by Howard Bashman "As date with Supreme Court nears, man seeking pledge ban is relentless; Drive against 'under God' one facet of his legal efforts": Howard Mintz has this article in today's edition of The San Jose Mercury News. Posted at 09:09 by Howard Bashman "Privacy, access at odds in Foster autopsy case": This article appears today in The St. Petersburg Times. Posted at 09:01 by Howard Bashman "The Zero Files: Shadowy worlds of conspiracy, mind control and paranoia, all in the hands of the FBI..." Today's edition of The San Francisco Chronicle contains this report, which includes mention of the Hamburglar but not Mayor McCheese. Posted at 08:58 by Howard Bashman "Some fear new laws will backfire; Tougher penal code could spur prison overcrowding, early releases": This article appears today in The Houston Chronicle. Posted at 08:54 by Howard Bashman "It's a boy"! Denise Howell of the "Bag and Baggage" blog announces what she and her husband have agreed to name their first child, and that she has just experienced the "Best three days I've ever had," in a post you can access here. As far as the name is concerned, "Gnudist" it's gnot. Posted at 08:45 by Howard Bashman Saturday, November 29, 2003
"No room for judgment": Today's issue of The St. Petersburg Times contains an editorial that begins, "In a speech before the American Bar Association in August, U.S. Supreme Court Justice Anthony Kennedy decried current federal sentencing practices as too harsh."
Posted at 23:48 by Howard Bashman
"Major Issues in Moussaoui Appeal; Circuit Court Confronts Constitutional Questions in Terror Case": This article will appear in Sunday's edition of The Washington Post. And Sunday's edition of The Minneapolis Star Tribune will contain an article (registration required) headlined "Pre-attack interviews with Moussaoui raised FBI agents' suspicions." Posted at 23:44 by Howard Bashman Elsewhere in Saturday's newspapers: The Washington Times reports that "Leaked memo sparks cries of news media bias." The Boston Globe reports that "Chaplain is called victim of hysteria." And in local news, "Police stops draw concerns; Antiterrorism strategy is questioned by ACLU." The Los Angeles Times reports that "Church May Penalize Politicians; Bishops are exploring requiring officeholders who are Catholic to back official doctrine." An article reports that "New U.S. Agency Gets Cool Reception." In local news, "Suit Faulting Disney Safety Due for Trial; Jury selection could begin next week in the case of a surgeon who says he was injured on a California Adventure ride in August 2001." In other local news, "Sonoma Is Front Line in War Over Foie Gras." An article reports that "Police Share Credit for Capture; U.S. and Mexican law enforcement agencies worked tirelessly to find the man suspected in the Nov. 15 slaying of a Burbank officer." An editorial is entitled "Sex in the Capital City." And letters to the editor appear under the heading "Marriage Rights for Gays." Posted at 23:00 by Howard Bashman In Church-State news from here and there: The Casper Star-Tribune reports from Wyoming that "Nativity scene goes up despite Ten Commandments brouhaha." The Deseret News reports from Utah that "S.L. religious group is suing Duchesne over monument; Suit filed after city turns down another display." In news from Alabama, The Associated Press reports here that "A federal judge has set a timetable for filing motions on Attorney General Bill Pryor's request to dismiss or move a lawsuit that seeks to return former Chief Justice Roy Moore to office." And in news from Idaho, The AP offers an article headlined "Boise rally backs Commandments marker, Alabama judge." Posted at 20:44 by Howard Bashman How unappealing: The Post-Tribune today reports that "Indiana's judges do not find their pay appealing." Posted at 20:38 by Howard Bashman "Memorial service planned for former judge": The Associated Press reports here today that "A memorial service is being planned for next month in New Hampshire for retired federal appeals court Judge Hugh Bownes, who died earlier this month." Posted at 20:36 by Howard Bashman "Beyond Gay Marriage: Preparing for Splitsville." Sunday's edition of The Washington Post will contain this essay by Larry W. McCallum. Posted at 20:28 by Howard Bashman "Rudolph's phone calls of interest; Prosecutors seek subpoena for bombing suspect's records": This article appears today in The Atlanta Journal-Constitution. Posted at 20:25 by Howard Bashman "Computers, paralegals replace 6 lawyers for inmates": Sunday's edition of The Atlanta Journal-Constitution will contain this report. Posted at 20:20 by Howard Bashman "3 ex-officers challenging detentions at Guantanamo Bay; In a case the U.S. Supreme Court will soon consider, three former high-ranking officers have played a key role in arguing against the indefinite detention of suspected terrorists on the Navy base in Guantanamo Bay, Cuba." This article appears today in The Miami Herald. And a related item is entitled "Stating the case." Posted at 20:18 by Howard Bashman "Frank Talk About Abortion": Sunday's edition of The New York Times will contain an editorial that begins, "The current debate about so-called partial birth abortion has produced some strange and unfortunate consequences." Posted at 20:15 by Howard Bashman "State scholarship case goes to U.S. Supreme Court": Today's edition of The Olympian contains this report. And The Associated Press reports offers an article headlined "Can state restrict field of study? Supreme Court to decide if theology exclusion OK." Posted at 20:10 by Howard Bashman "Sniper decision counters U.S. trend; Recommendation of death contrary to decline of capital punishment": This article appears today in The Baltimore Sun. Posted at 20:07 by Howard Bashman "High-profile cases spark interest": Michael Kirkland, who covers the U.S. Supreme Court for United Press International, reports here today that "The Supreme Court is preparing to hear two high-profile cases in the upcoming week after a season of rather bland argument in the first part of the term." Posted at 20:06 by Howard Bashman "Postal fight sends dean to high court": The Chicago Tribune today contains this article. And The Daily Herald today reports that "Man takes postal complaint to high court." For those who enjoy tongue-twisters, the law school dean who will argue this case is Harold J. Krent of Chicago-Kent. Posted at 20:00 by Howard Bashman "The High Costs of Rising Incivility on Capitol Hill": This news analysis will appear in the Week in Review section of Sunday's issue of The New York Times. Posted at 18:05 by Howard Bashman "Courts to Examine State Contraceptive Laws": David Kravets of The Associated Press provides this report. Posted at 18:00 by Howard Bashman Tonight on C-SPAN's "America and the Courts" program: C-SPAN provides the following description: Solicitor General Theodore Olson's opening address to the Federalist Society 2003 Lawyers' Convention, from 11/13. Also, Justices Sandra Day O'Connor and Ruth Bader Ginsburg's speeches at the Philadelphia Bar Association Quarterly Meeting, from 10/23.Perhaps as early as Monday a link to on-demand, streaming video of tonight's program will be available here. Posted at 17:50 by Howard Bashman "Church, state face off over birth-control pills; Catholic-backed group fights benefits law": Howard Mintz today has this article in The San Jose Mercury News. Posted at 17:49 by Howard Bashman Attending law school in "the heart of the Tenderloin where criminals flagrantly buy and sell illegal drugs without regard for statutes or codes or law-abiding neighbors." Yesterday's edition of The San Francisco Examiner contained this article. Posted at 17:48 by Howard Bashman "Cryin' won't help you, prayin' won't do you no good": The Sacramento Bee today contains an article headlined "State blamed in levee failure; A court ruling in a flood in Yuba County in 1986 could cost millions." You can access Wednesday's decision of the California Court of Appeal for the Third Appellate District at this link. (This post's title courtesy of lyrics from the Led Zeppelin song "When the Levee Breaks.") Posted at 17:44 by Howard Bashman "Kamehameha settles Kaua'i boy's lawsuit": The Honolulu Advertiser reports here today that "Trustees for the Kamehameha Schools, after wrestling with concerns over opposition in the Hawaiian community, approved a settlement yesterday that will allow a seventh-grade non-Hawaiian student to continue attending the private school until he graduates." Posted at 11:15 by Howard Bashman In Saturday's newspapers: The Washington Post reports that "Opponents Of Gay Marriage Divided; At Issue Is Scope Of an Amendment." An article is headlined "A Prisoner Of Panic After 9/11: Algerian-Born Detainee Seen as Victim of Excess." In local news, "Pr. George's Questions Detention Center Plan; Congressional Action May Stall Bid Process." And columnist Colbert I. King has an essay entitled "'Slap on the Wrist, Slap in the Face.'" The New York Times contains a news analysis headlined "Division Over Death Penalty." An article reports that "Persistent New Leaks Fuel Coverage of Jackson Case." And today's "About New York" column is headlined "Unforgiven for the Passions of His Youth." Posted at 09:05 by Howard Bashman "Prison gang case puts role of FBI informants under scrutiny; Investigation results in 13 guilty pleas; 9 more defendants face trial next year": This lengthy article appears today in The San Francisco Chronicle. Posted at 08:55 by Howard Bashman Friday, November 28, 2003
"Settlement Reached in Hawaii School Suit": The Associated Press provides this report. And a news update from The Honolulu Advertiser is headlined "Kamehameha trustees approve Mohica-Cummings settlement."
Posted at 23:30 by Howard Bashman
Elsewhere in Friday's newspapers: The Boston Globe reports that "Gay marriage decision spurs action across US." In other news, "Changes sought in Calif. recall process." And an article reports that "Governor slow to fill court jobs; Aide says delays linked to new nominating rules." The Los Angeles Times reports that "License Plates Put Abortion Controversy in Full View; An attorney is suing Arkansas, arguing that officials are allowing only one viewpoint -- 'Choose Life' -- to be displayed in public." In other news, "New Muslim Chaplain to Have Limited Role at Guantanamo; Replacement for Army Capt. James Yee won't have access to suspected terrorist detainees." And an article reports that "Lawmaker Says Leftists Hold Sway at Colorado Campuses; Conservatives are bullied by professors, says state senator who suggests legislation." The Washington Times reports that "Guantanamo guards celebrate in new facility." In other news, "N. Virginia envisions prisoners who buck the system." And Joseph R. Pitts has an op-ed entitled "The foundation of society." Posted at 22:45 by Howard Bashman "Courthouse art raises eyebrows; Form, cost noted as staff faces tight budget": This article appears today in The Denver Post. Posted at 22:40 by Howard Bashman "Redistricting ruling due Monday": The AP reports here that "The Colorado Supreme Court will issue a long-awaited ruling Monday on whether the Republican-led Legislature had the right to redraw congressional districts last year - a decision that could have national implications in the 2004 races." Posted at 22:39 by Howard Bashman "Inmate who won landmark Supreme Court case remains on death row": The Associated Press provides this report from Virginia. Posted at 22:30 by Howard Bashman "The Fickle Finger Of Book Sales": The latest installment of Justice William W. Bedsworth's very funny monthly column is available online here. Posted at 09:56 by Howard Bashman Congratulations to Denise Howell and her husband on the birth of their baby! And the baby is so very cute (just like you'd expect). Coincidentally, and as I previewed here just the other day, today is the second anniversary of the birth of Denise's Web log, "Bag and Baggage." Posted at 09:05 by Howard Bashman "State convict-labor program comes under attack": This article appears today in The Seattle Times. Posted at 07:22 by Howard Bashman "Long haired freaky people need not apply": The Seattle Post-Intelligencer reports here today that "Justices to decide if sign ban too rigid; $1,425 fine for raincoat ads." (This post's title courtesy of Five Man Electrical Band.) Posted at 07:20 by Howard Bashman "Inmate's sperm donation hit; Former jail doctor defends decision": This article appears today in The Chicago Tribune. Posted at 07:15 by Howard Bashman The Associated Press is reporting: "Supreme Court to Tackle Church-State Case" and "Stigma Weakens for Pols Who Smoked Pot." Posted at 07:10 by Howard Bashman "No 9-11 Compensation for Flight Attendant": The Associated Press reports here from New Jersey that "A flight attendant who would have died in the Sept. 11 attacks if she hadn't traded shifts with a co-worker may not receive workers compensation for emotional distress, a state appellate court ruled." You can access Wednesday's ruling of the Superior Court of New Jersey Appellate Division at this link. Posted at 07:00 by Howard Bashman Commentary available online from FindLaw: Vikram David Amar today has an essay entitled "The Partial Birth Abortion Ban Act: If It is Enjoined but then Ultimately Upheld, Can Doctors Who Violated It While the Injunction Was in Effect Be Punished?" And yesterday Edward Lazarus had an essay entitled "The Proposed Change to the Federal Rules of Appellate Procedure Allowing Citation of Unpublished Opinions: Why It Will Be Harmful." Update: A gimlet-eyed reader emails to observe that with respect to Professor Amar's essay, FindLaw is serving leftovers on the day after Thanksgiving. Or, to put the point more plainly, what FindLaw describes on its home page as "Part II" of Professor Amar's essay is, at least as of early Friday morning, the republication of "Part I" of his essay, which originally debuted at FindLaw two weeks ago. (And no, gimlet eyes are apparently not an ingredient in giblet gravy.) Posted at 06:55 by Howard Bashman In Friday's newspapers: The Washington Post reports that "Congress Wraps Up Mixed-Bag Session; GOP, Democrats Disagree on Outcome." An article reports that "Senate Opens Inquiry Into Leaked Memos; Computer Files Discussed Democrats' Strategy on Bush Judicial Nominations." An editorial is entitled "A Special Case." And Alan Charles Raul has an op-ed entitled "Undermining Society's Morals." The New York Times reports that "DaimlerChrysler Heads to Court Over '98 Merger." Adam Liptak has an article headlined "At Malvo's Trial, a Judge Much in Charge." In news from Salt Lake City, "Government Case Shifts Its Focus to Fraud." In other news, "New Light on Old F.B.I. Fight." In local news, "With Cross-Sound Rivals, Waters Are Rarely Calm." And Nathaniel Frank has an op-ed entitled "Why We Need Gays in the Military." The Christian Science Monitor reports that "Trial puts spotlight on steroids; Some analysts say drug- testing programs in pro sports fall short and call for radical new measures." An article is headlined "Tired of e-mail about losing weight? Help may be on the way; Congress passes 'antispam' bill with five-year prison terms for violators. But don't expect junk messages to end just yet." And an editorial is entitled "Branding Former Sex Offenders." Finally for now, Robert P. George has an essay online at OpinionJournal entitled "One Man, One Woman: The case for preserving the definition of marriage." Posted at 06:30 by Howard Bashman Twenty-eight years ago today: The Associated Press notes here that on this date "In 1975, President Ford nominated Federal Judge John Paul Stevens to the U.S. Supreme Court seat vacated by William O. Douglas." Posted at 06:25 by Howard Bashman Thursday, November 27, 2003
Elsewhere in Thursday's newspapers: The Boston Globe reports that "Foes of same-sex marriage welcome proposed constitutional amendment" and that "Weld supports gay marriage ruling." And in other news, "Pats cheerleader rooted in the law."
The Washington Times reports that "Sniper duo spending holiday in jail cells." In other news, "Revised lawsuit-reform bill wins Democratic converts." An article reports that "Brady's wife fights release." And in news from Kansas, "Man sentenced to life in prison as dealer of LSD." The Los Angeles Times reports that "Gov. Paroles Second Killer; By contrast, Davis freed only eight murderers during his five-year tenure, and twice denied the woman freed by Schwarzenegger." In other news, "Beckman Coulter Agrees to a Huge Cut in Judgment; A U.S. Supreme Court case in April that limited punitive damages leads the firm to settle its suit." An article reports that "Chargers' Suit Stirs Emotions; Promising a legal challenge, angry San Diego leaders say the team wants to move to Los Angeles and accuse it of 'sneaking off' to L.A. to file papers." In other news, "Rebel Yell Over Mascot at Ole Miss; University's decision to sideline a symbol sparks a debate on and off campus about the desire to honor tradition and the need for change." An article reports that "XtraJet Executive Called FBI Informant; Jeffrey Borer denies the reports. Agency denies any role in videotaping Michael Jackson on jet." In business news, "Judge Rejects Unocal Charges; The ruling is a setback for rivals that allege the company deceitfully gained a monopoly on a clean-fuel formula." And in local news, "County to Appeal Ruling on Brown Act." Posted at 22:50 by Howard Bashman Online at The Village Voice: Brad Sears and Alan Hirsch have an essay entitled "No Time To Celebrate: Same-Sex Marriage in the Court of Public Opinion." And Mark Fiore has an animated cartoon entitled "Gay Marriage: You Never Know What Kind of Relationship Will Turn Up!" Posted at 22:44 by Howard Bashman "Powell: no quick deal on Guantanamo; US needs more time to decide if Britons held in Cuba are dangerous, he tells Guardian." This article appears in Friday's issue of The Guardian. Posted at 22:33 by Howard Bashman "High Court Urged to Hear Comic Book Case": Gina Holland of The Associated Press provides this report. Posted at 22:22 by Howard Bashman "Appeals nominee is ideal for GOP; Allen, the man at the center of the 4th Circuit flap is a staunchly conservative African-American." This article appears today in The Baltimore Sun. Posted at 22:20 by Howard Bashman "Pryor objects to Moore suit": The Associated Press provides this report from Alabama. Posted at 22:11 by Howard Bashman "Kamehameha Schools considers settlement": The Honolulu Advertiser reports here today that "Kamehameha Schools is considering a court settlement that would allow a 12-year-old non-Hawaiian boy from Kaua'i to remain at the Kapalama campus until he graduates, if his lawyers drop their lawsuit challenging the school's Hawaiians-preferred admissions policy." Posted at 22:05 by Howard Bashman "Importer of rare orchid indicted; An ugly scandal involving a lovely flower descends on orchid lovers and admiration seekers." The St. Petersburg Times today contains this report. Posted at 22:04 by Howard Bashman "Pa. Supreme Court rules against 'suspicionless' school drug testing": This article appeared yesterday in The Pittsburgh Post-Gazette. I previously reported on and linked to this ruling in a post you can access here. Posted at 22:01 by Howard Bashman "Chesco judge Sanchez nominated to U.S. bench; Several openings in Pennsylvania's Eastern District should give the GOP a long-term influence on the court's makeup." Today's edition of The Philadelphia Inquirer contains this report. Posted at 21:59 by Howard Bashman In news from Michigan: The Bay City Times contains articles headlined "Judge rules breath test's goals don't trump First Amendment" and "Judge puts cork in Ice Mountain's Mecosta County bottling operation." And The Grand Rapids Press reports that "Water ruling runs deep" and provides these excerpts from the ruling. Posted at 12:50 by Howard Bashman "Judge criticizes Dallas mayor's call as 'sinister'": The Associated Press provides this report. And yesterday's edition of The Dallas Morning News reported that "Mayor's call to judge stirs ethics questions; Miller cites concern for child in custody fight, denies bid to sway case" (free registration required). Posted at 12:49 by Howard Bashman "Hearing set on DeLay remap subpoena motion": The Houston Chronicle today contains this report. Posted at 12:47 by Howard Bashman "Death penalty decision assailed; Green River case cited": This article appears in today's issue of The Seattle Post-Intelligencer. And in somewhat related news, The Seattle Times reports today that "Killer's wife knew a different man." Posted at 12:42 by Howard Bashman In Thursday's newspapers: The New York Times reports that "Mistrial Is Declared in Tax Withholding Case." A report on the U.S. Congress is headlined "Pass the Sour Grapes, Not Sweet Potatoes," and a related list is headlined "Congress in Review." In other news, "Testimony Ends in Hearing for Hinckley." And in local news, an article is headlined "How to Obey Schools Ruling? Pataki and Bloomberg Differ." The Washington Post reports that "Prosecutors Making Fraud Cases Relative; Government Targets Family of Accused." In other news, "9/11 Panel May Seek Extension; Pressure Mounts as Investigation of Attacks Bogs Down." In local news, "St. E's Officials Say Hinckley Isn't a Threat; Testimony, Letter Offer Details Of Unsupervised Excursions." A front page article is headlined "A Spiritual Struggle for Democrats; Silence on Religion Could Hurt Candidates." In other news, "Land-Rights Dispute Continues in Alaska; Man Who Bulldozed Road Is Still at Odds With Park Service." In business news, "Scrushy Ordered to Repay Loans; Judge Says Ex-CEO Owes $25 Million in Cash." In news from Maryland, "Easing Young Witnesses' Fears; Video to Familiarize Children With Court Process." An editorial about the Zacarias Moussaoui case is entitled "Fool for a Client (Cont'd)." And a letter to the editor appears under the heading "A Legal Loss Overlooked." Posted at 12:12 by Howard Bashman Wednesday, November 26, 2003
Elsewhere in Wednesday's newspapers: The Washington Times reports that "Battle rages over judges memos." In other news, "Senators offer amendment against gay 'marriage.'" In news from Virginia, "Malvo recalled as 'obedient' child." In related news, "Death penalty seen as right." An article reports that "Military adds sex charges against Muslim chaplain." Cal Thomas has an op-ed entitled "Judging Jackson and ourselves." Paul Greenberg has an op-ed entitled "Humpty Dumpty on unholy matrimony." And Ed Feulner has an op-ed entitled "Upholding the law."
The Los Angeles Times reports that "Appellate Court Cuts Huge Crash Case Award; State judges reduce the $290-million verdict against Ford to $23 million after a U.S. Supreme Court ruling." An article is headlined "Testimony on Kinder, Gentler Malvo; The defense opens with the alleged sniper's family and friends on the stand, to counter the prosecution's portrayal of a hardened killer." In other news, "Guantanamo Camp's Muslim Chaplain Faces New Charges; Army captain suspected of mishandling secret data is accused of porn possession and adultery." In news from Colorado, "Media Want Motions Open in Bryant Case." In other celebrity-related news, "FBI Probes Videotaping of Jackson on Jet; Agents seize tapes from Santa Monica charter firm. Judge temporarily bars the company from showing, distributing or selling them." An article reports that "Woman Says She Was Drugged, Raped at San Diego House for MTV's 'Real World.'" In other news, "County Supervisors' Bid to Stifle Gadfly Draws Fire; Approval of a new rule to eject 'disruptive' speakers, aimed at a frequent board critic, is assailed by 1st Amendment advocates." Columnist Dana Parsons has an essay entitled "Good-Guy Sheriff Can Also End Jail Abuse." And letters to the editor appear under the heading "Living in the Lap Dance of Luxury." The Boston Globe reports that "Sampson jury to weigh premeditation; Judge's ruling comes in Sampson death penalty case." A newsbrief reports that "Harvard to allow military recruiters." In local news, "Advocates irked in Essex courts." In other local news, "BC proposes new, strict conditions on student newspaper; Heights editors vow to preserve their autonomy." Robert Kuttner has an op-ed entitled "Shifting norms led to gay marriage ruling." And David Moats has an op-ed entitled "The lessons of Vermont may help in Massachusetts." USA Today reports that "Hinckley insists he's normal now." And Robin Gerber has an op-ed entitled "End decade-old 'don't ask' policy." Posted at 23:35 by Howard Bashman Eleventh Circuit panel divides over whether to grant qualified immunity to police officer who arrested cameraman filming demonstrations in Miami on the day the federal government removed Elian Gonzalez from his family there in order to return him to his father, who lives in Cuba: You can access today's ruling, in which the majority reverses a district court's ruling that denied qualified immunity, at this link. Posted at 22:47 by Howard Bashman Denise Howell is looking forward to two birthdays: One you've heard a bit about lately. The other, however, also deserves not to be neglected. You see, on Friday Denise's blog, "Bag and Baggage," celebrates its second birthday. If you missed Denise's recent appearance on television, you can listen to the audio of the telecast here and read the transcript here. Posted at 19:59 by Howard Bashman You rang?: The Virgin Islands Daily News reports that "Gomez tapped for District Court on St. Thomas; Presidential nominee will replace Moore if approved by U.S. Senate." Posted at 17:35 by Howard Bashman In re dynes and newtons: Today Seventh Circuit Judge Terence T. Evans issued a concurring opinion that begins, "Although it's debatable whether expending dynes (to say nothing about newtons) pressing the keys of my wordprocessor to concur in this case is worth the effort, I do so because the result we reach, though correct on the law, is divorced from common sense." You can access both that concurring opinion and the opinion of the court by Circuit Judge Frank H. Easterbrook at this link. Posted at 17:22 by Howard Bashman Not the type of pro bono assignment this lawyer had in mind: Today the U.S. Court of Appeals for the Seventh Circuit issued an opinion that begins: James Adducci was permitted to withdraw as retained counsel for Mary Cusimano due to the non-payment of attorney's fees. Three weeks later, the district court appointed him to represent her pro bono and overruled his objection to the assignment. While we encourage appointments under the district court's pro bono service program, we reverse its appointment of Mr. Adducci in this case because the appointment did not comply with the Northern District of Illinois's Local Rules.You can access the complete opinion at this link. Posted at 17:14 by Howard Bashman Federal Circuit affirms dismissal of takings claims asserted against the federal government valued at $1 trillion brought on behalf of a class of 400,000 to 600,000 U.S. citizens injured or killed as a result of hostilities against Japan in World War II: Today's opinion begins: This is a takings case, in which the triggering event--the 1951 Treaty of Peace between the United States and Japan (known as the San Francisco Treaty) that formally ended World War II in the Pacific Theater--occurred more than fifty years ago. Plaintiffs purport to represent a class of 400,000 to 600,000 United States citizens injured or killed as a result of Japan's war against the United States; plaintiffs' prayer for relief seeks damages against the United States in the amount of $1 trillion.Today, in an opinion you can access here, the U.S. Court of Appeals for the Federal Circuit affirms the dismissal of this lawsuit. Posted at 16:51 by Howard Bashman Font rant: Not too long ago, the Seventh Circuit's Web site would post opinions either in Book Antiqua font or in a font that was either Times Roman or Century Schoolbook. Lately, however, the judges whose opinions once appeared in Book Antiqua have instead had their opinions appear in some ugly sans serif font such as the Verdana font -- see, for example, this opinion issued yesterday by Circuit Judge Richard A. Posner and this amended opinion issued today by Circuit Judge Daniel A. Manion (which can be compared to the original opinion, in Book Antiqua font). The Seventh Circuit itself advises attorneys not to use sans serif fonts in briefs, and thus I cannot conceive that that court is intentionally publishing its opinions in sans serif font. Rather, what is likely happening is that the person whose job it is to put opinions on the Web either doesn't like Book Antiqua or doesn't have the font installed on his or her computer. In either event, I hope this is corrected before too many more Judge Posner opinions hit the Web in Verdana or some other ugly sans serif font. And to the wiseacres who will observe that "How Appealing" is presented in a sans serif font, you are absolutely correct. But when I prepare appellate briefs to be filed in court, I invariably use either Century Schoolbook or Book Antiqua. Posted at 15:12 by Howard Bashman Some developments in the currently-pending Fourth Circuit appeal involving Zacarias Moussaoui: The docket entries in the appeal reflect that today the court of appeals denied Moussaoui's request to receive a live feed of the oral argument in jail. Also, the court today entered an order that the docket entries describe as "placing defendant on notice that further pro se filings containing intolerable language, including subtle and overt threat, profanity and improper attempts to communicate to others will result in imposition of a sanction, in the form of refusal of this court to accept further pro se filing from the defendant." This may qualify as an actual Hobson's choice for Moussaoui. And the court today allowed the filing of a third-party's amicus brief on Moussaoui's behalf. You can access here a document that members of the news media can complete to request reserved seating at the oral argument. Be sure to specify whether you are bringing a satellite or microwave van. Finally, the text of yesterday's order regarding oral argument can be accessed at this link. Posted at 14:40 by Howard Bashman Cybercourts of Appeal: I've agreed to be the "guest speaker" for an online seminar on this topic that will take place from Wednesday through Friday of next week at an Internet-connected computer near you. More details are available here. The seminar will be taking place on the discussion list that is the successor to the "Net-Lawyers" email list that Lew Rose operated. I remember that list fondly. Posted at 14:25 by Howard Bashman Happy Thanksgiving to readers of "How Appealing": I wish you a safe and enjoyable Thanksgiving holiday weekend. I have an appellate brief due today that's about 98% ready to go out the door, and I'll be around for most of the balance of the day in case anything noteworthy happens in the world of appellate law. Updates will also appear throughout the weekend, on an appropriately relaxed pace. On Friday afternoon, you can find me here; on Saturday afternoon, this movie appears to be on the agenda. And, of course, at midnight on the morning of Monday, December 1, 2003, I will be posting online here the December 2003 installment of "20 questions for the appellate judge" featuring Seventh Circuit Judge Richard A. Posner as the interviewee. Posted at 13:24 by Howard Bashman "D.A. changes a skirts-only rule; Pants join the dress code for female prosecutors": This article appears in today's edition of The Philadelphia Inquirer. And Jill Porter, a columnist for The Philadelphia Daily News, writes "D.A.: Let 'em wear pants." Posted at 13:15 by Howard Bashman USA v. John W. Hinckley, Jr.: The U.S. District Court for the District of Columbia has posted online this redacted letter from the Department of Mental Health for the District of Columbia regarding Hinckley's request for unsupervised visits away from Saint Elizabeths Hospital. Posted at 13:03 by Howard Bashman The Times of London, Google, and the U.S. Court of Appeals for the Second Circuit combine to increase this blog's British readership: This morning I awoke to find that many visitors to "How Appealing" in the overnight hours had arrived from Great Britain via Google searches for the term "picquerism." The January 2003 archive of "How Appealing" appears on the first page of results for that search, thanks to a decision that the U.S. Court of Appeals for the Second Circuit issued that month. You can access my specific post that mentions the term at this link. In any event, today's issue of The Times of London contains an article (available here by subscription only) about the "Camden Ripper" that mentions "picquerism," and apparently many readers of that publication are curious for more information. Other, freely available, news coverage of the "Camden Ripper" can be accessed here, here, and here. Posted at 12:04 by Howard Bashman Mandamus dress code: The home page of the U.S. Court of Appeals for the Third Circuit is now providing links to petitions for writ of mandamus filed in two very large, related asbestos bankruptcy cases pending in the District of Delaware. One of the petitions was filed by my friend Roy T. Englert, Jr. In that proceeding, the federal district judge has already filed his response to the petition, and the Third Circuit has ordered oral argument to occur in Philadelphia on the morning of Friday, December 12, 2003. (By then I should be back in Philadelphia from my visit to one of the Third Circuit's most far-flung oral argument locations, so perhaps I'll have time to attend the argument and provide a report.) The Third Circuit's order scheduling oral argument contains an "invitation" to the federal district judge to appear and participate in the oral argument either in person or through a representative. This sort of an "invitation" is perhaps similar to the type of invitation that the Supreme Court of the United States gives to the Solicitor General's Office when seeking input on whether to grant certiorari -- the invitee does not have the option to decline. And this raises in my mind the following question. If the U.S. District Judge appears in person to argue before the Third Circuit in connection with the mandamus proceeding, should the U.S. District Judge wear his judicial robe, or simply appear in regular business attire sans robe. Of course, when judges are litigants in their personal capacity they shouldn't wear the judicial robe while present in court. But in a mandamus proceeding the trial judge is a litigant in his or her official capacity, thus perhaps allowing for the judicial robe to be worn at the podium. I'd be curious to hear from readers of this blog any thoughts they have on the subject. Posted at 11:49 by Howard Bashman "Avoiding democracy": Town Hall yesterday posted an essay by John Leo that begins, "Some admire the gay-marriage ruling in Massachusetts. Some don't. But surely the heart of the story is the stupefying arrogance of the state's Supreme Judicial Court. " Posted at 10:35 by Howard Bashman "DaimlerChrysler 'merger of equals' put on trial; Kerkorian lawsuit that claims deal was really a takeover heads toward climax next week": This article appears today in The Detroit News. Posted at 10:23 by Howard Bashman "Judges convene to discuss reform; Group seeks ways to block derailment of Kentucky cases": The Courier-Journal today contains this report. Posted at 10:01 by Howard Bashman "High court tosses records off Internet": This article appears today in The Orlando Sentinel. Posted at 09:45 by Howard Bashman "Top UK judge slams Camp Delta; One of Britain's most senior judges has condemned the US over the detention of terror suspects at Guantanamo Bay." BBC News provides this report. Posted at 09:43 by Howard Bashman "Perdue urges faith-based services law": This article appears today in The Atlanta Journal-Constitution. Posted at 09:30 by Howard Bashman FindLaw commentators: Today Michael C. Dorf has an essay entitled "Could Justice Scalia's Affirmative Action Dissent Become a Self-Fulfilling Prophecy?" And yesterday Julie Hilden had an essay entitled "The Supreme Court Considers Whether a Privacy Act Plaintiff Can Recover $1000 Even Without Proof of Damages." Posted at 06:40 by Howard Bashman Today is the final day of The Honolulu Advertiser's four-part series on the Supreme Court of Hawaii: Today's newspaper contains articles headlined "Functional or not, 'it's the chief's court'" and "Commission's influence far-reaching." I have previously provided links to the articles that appeared on day one, day two, and day three of the series. Posted at 06:33 by Howard Bashman In Wednesday's newspapers: In The New York Times, Adam Liptak reports that "Sniper Suspect's Life Recalled in Testimony." In related news, "Muhammad May Face Additional Trials." An article reports that "Senate Rejects Plea for Extra Year of Filing for 9/11 Awards." In news from New York, "Appeals Court Overturns Execution." An article is headlined "Gays Respond: 'I Do,' 'I Might' and 'I Won't.'" In other news, "Debt Is Seen Taking Toll on Jackson's Lavish Style." An obituary is entitled "W. Fred Turner, 81, Who Defended Indigent in Key Trial, Dies." And Harvey Fierstein has an op-ed entitled "You Better Watch Out." The Washington Post reports that "Muhammad Is Returned to Pr. William Jail." In other news, "Pentagon To Review Rules for Tribunals." An article reports that "Chaplain's Release Comes With New Charges." In other news, "Jurors Say Hinckley's No Threat; Hospital Staff to Outline Possible Unguarded Visits." In business news, "Democrats Decry 'Compromise' on FCC Rule." In local news, "Pr. George's Bill Targets Strip Clubs"; "Slaying Suspect, 15, Won't Be Tried as Adult; City's Corporation Counsel Issues Decision in Shooting Outside Anacostia High"; and "Disabled Sue Hospital Center; Ex-Patients Allege Rights Violations, Inadequate Care." Editorials are entitled "Cooperate, Mr. Bloomberg" and "A Time for Debate." Courtland Milloy has an op-ed entitled "Fear Continues To Masquerade As Justice." David S. Broder has an op-ed entitled "A Day to Toast Common Bonds." And a letter to the editor appears under the heading "Nothing to Celebrate." Finally, The Christian Science Monitor reports that "New laws target increase in acts of ecoterrorism; They seek to curb arson, property damage, and threats of violence, but critics say the penalties stifle valid dissent." Posted at 06:00 by Howard Bashman Tuesday, November 25, 2003
Elsewhere in Tuesday's newspapers: The Los Angeles Times reports that "Muhammad Sentenced to Death; Jurors, once split, say the sniper's lack of remorse and their fears that he might kill again led to the unanimous decision." In other news, "Employers Gain Harassment Suit Protection; State high court rules that if a strong policy exists on the issue, the burden falls on a worker to report incidents." An article reports that "Jailed Chaplain Decries Treatment; Army captain, a Muslim who worked with terrorist suspects at the U.S. prison in Cuba, says he's been blocked from practicing his faith." In news from Oregon, "Two Sentenced in Terrorism Conspiracy; The 'Portland Seven' members who tried to join the Taliban to fight the U.S. rail against the government before getting 18-year terms." In news pertaining to Michael Jackson, "Jackson Secretly Taped on Jet; The flight company notifies media outlets after the pop star |
