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Wednesday, December 31, 2003
Best wishes for a happy, healthy, and rewarding 2004! Thanks so much to the thousands upon thousands of readers who visited "How Appealing" in 2003, and very special thanks to those readers who took the time to email ideas, links, or attachments that led to additional posts. In 2003, this blog's "20 questions for the appellate judge" feature went from facing the threat of extinction to having an incredibly impressive abundance of federal and state appellate judges who came forth and agreed to be interviewed. Many of those interviews remain to be conducted in the months ahead.
As I sit here on the eve of 2004, it is impossible to predict what changes the new year will bring for me and this Web log. On October 28, 2004 I will turn 40 years old. You have my word that "How Appealing" will at least continue to exist through that date and that I have made no final decision concerning what will happen thereafter. I'm not someone who's much into New Year's resolutions, but for now let me throw out two rather insignificant hopes for the year ahead. I hope that Chuck Lane of The Washington Post in 2004 finds a way to quote me in his coverage of the U.S. Supreme Court. And I hope to make more blog-related speaking appearances on the heels of my talk at the Harvard Law School on the evening of Monday, January 12, 2004 (details here). Already there's the prospect of an invitation from a highly regarded law school in the Midwest, so stay tuned. But more seriously, while philosophers may never solve whether the chicken predated the egg or whether a tree falling in a forest makes a sound if no ears are nearby, I can assure you that this Web log would not exist were it not for you, the reader. The incredibly kind emails, telephone calls, unsolicited gifts (yes, even a Chief Justice Rehnquist bobblehead doll arrived in 2003), and enthusiasm when meeting me in person that I have experienced from readers of this blog since beginning this endeavor back in early May 2002 have meant more to me than you will ever know. Posted at 23:02 by Howard Bashman "Child molester can't be banished; Appeals court says he can't be kept from home village." Today's issue of The Anchorage Daily News contains this article. You can access the non-precedential ruling that the Alaska Court of Appeals issued on December 17, 2003 at this link. Posted at 23:00 by Howard Bashman Elsewhere in Wednesday's newspapers: The Los Angeles Times reports that "Ashcroft Steps Aside in CIA Leak Inquiry; A special prosecutor is appointed to take over the investigation, which is moving 'very quickly.'" In related news, "Attorney Known as Aggressive, Affable, Fearless; Patrick J. Fitzgerald's colleagues say politics won't hinder the 'dogged prosecutor' as he gets to the bottom of the CIA leak." An article reports that "Overseer of Military Tribunals Is Named; A retired Army general will facilitate hearings for Guantanamo Bay terrorism suspects." In other news, "Lockyer Voices Identity Theft Worries; Provisions of a federal law designed to protect consumers may actually put Californians at greater risk, the attorney general warns." And letters to the editor appear under the headings "A Solution for Prison: Execute the Condemned" and "Pledging and Hedging." The Boston Globe reports that "Ashcroft steps aside in probe into CIA leak." In other news, "R.I. judge named to review detainee cases." An article reports that "Juror says Sampson inspired little sympathy during trial." And in other local news, "Cape man sells film rights to murder saga." The Washington Times reports that "Ashcroft gives CIA leak case to U.S. attorney." In other news, "Bill limits gun-buyer database." And John M. Templeton, Jr. and Michael Novak have an op-ed entitled "God bless the ACLU." USA Today reports that "Attorney general recuses himself from CIA probe; Special prosecutor is named to look into leak." And letters to the editor appear under the heading "Ban on gay marriage would lessen USA." Posted at 22:30 by Howard Bashman "A 'bad guy' in a bad time demonstrates a timeless principle": Columnist David Sarasohn has this op-ed today in The Oregonian. Posted at 20:01 by Howard Bashman "Supreme Court upholds convictions for child pornography": The Associated Press provides this report from South Dakota. And you can access yesterday's ruling of the Supreme Court of South Dakota at this link. Posted at 19:58 by Howard Bashman "C.A. Upholds Extension of Child Sex Crime Limitations Period; No Ex Post Facto Violation Where Period Had Not Expired When New Law Took Effect, Court Says": The Metropolitan News-Enterprise today contains this report. You can access yesterday's ruling by California's First District Court of Appeal at this link. Posted at 19:57 by Howard Bashman "R.I. chief justice to hear appeals by terror suspects; The Defense Department has selected Frank J. Williams to play a role in the military trials of Guantanamo Bay detainees." This article (free registration required) appears today in The Providence Journal. Posted at 19:50 by Howard Bashman "Asbestos Litigation: Evidence Of Massive Corruption? An upcoming law-review article suggests that most of the thousands of asbestos-related injury claims being filed each year are bogus." Stuart Taylor Jr. has this essay in National Journal this week. Posted at 19:49 by Howard Bashman "Feingold: Don't ban gay unions in Constitution; Says he would lead the fight." This article appears today in The Capital Times of Madison, Wisconsin. Posted at 19:47 by Howard Bashman "Slain black woman's family takes lawsuit to U.S. Supreme Court": The Associated Press has this report from Jacksonville, Florida. Posted at 19:44 by Howard Bashman "State's high court recused from case; Retired judges will hear governor's position on chief justice appointments": This article appears today in The Concord (N.H.) Monitor. The State of New Hampshire is in something of a tizzy over the method through which the next Chief Justice of that State's highest court is to be selected. WMUR television offers a print report headlined "After 25 Years On Supreme Court, Chief Justice Brock Retires; Demand On Courts Has Grown." A video report from WMUR, containing an interview with Chief Justice Brock, can be viewed here (Real Player required). Posted at 19:42 by Howard Bashman Law Professor Rick Hasen finds two more errors in the U.S. Supreme Court's recent campaign finance ruling: See this post for some (but not all) of the details. The complete opinion can be accessed here. Posted at 19:35 by Howard Bashman "'Visiting judge' system under fire": This article appears today in The Cincinnati Post. Posted at 19:29 by Howard Bashman If only it were high school: The Associated Press, in an article headlined "Diazes' attorneys say case against them built on speculation," reports from Jackson, Mississippi that "The attorneys for indicted state Supreme Court Justice Oliver Diaz Jr. and his ex-wife, Jennifer, say the federal government's fraud and bribery case against their clients is 'based on unfounded speculation and innuendo.'" Posted at 19:29 by Howard Bashman "High court" is not "high school": The Associated Press erroneously reports that "Mississippi high school declines to hear Jackson man's appeal." Posted at 19:22 by Howard Bashman "Asbestos victims face new obstacle; Pending bill would limit who could sue companies": This article appears today in The Dayton Daily News. Posted at 19:20 by Howard Bashman "Strip clubs may be forced to stop selling alcohol": Today The Athens Banner-Herald reports here that "Tonight could be the end of the road for two strip clubs that have remained open in spite of an Athens-Clarke County law against nudity and alcohol." Posted at 19:15 by Howard Bashman "Can A Parent Sue When his Adult Child is Killed by the Police? A Recent Case Says 'No' and Highlights a Division Among Appellate Courts": Law Professor Sherry F. Colb has this essay today at FindLaw. Posted at 19:13 by Howard Bashman "Sharply Split In Banc Panel Upholds Mail Fraud Convictions Of Two NY Lawyers": New York Law Journal offers this report. Posted at 19:11 by Howard Bashman "Stenehjem asks high court to hear river case": The Bismarck Tribune reports here today that "The dispute between recreational interests and navigation interests along the Missouri River could be heading to the U.S. Supreme Court." Posted at 19:07 by Howard Bashman Department of "no comment": The Toledo Blade reports today that "Bergsmark asks appellate court for his 4th extension." Posted at 19:04 by Howard Bashman "Puerto Rico's 1st Female Chief Justice": The Associated Press reported here last night that "Miriam Naveira was sworn in Tuesday as the new chief justice of Puerto Rico's Supreme Court, making her the first woman to hold the post." Posted at 19:03 by Howard Bashman Petitioner Elk Grove Unified School District's brief on the merits in the Pledge of Allegiance case pending before the U.S. Supreme Court can now be viewed online: The brief is available here. Posted at 18:50 by Howard Bashman "Appeals Court Decertifies Tobacco Suit": The Associated Press provides this report from Florida. And you can access today's ruling of Florida's Fourth District Court of Appeal at this link. Posted at 17:20 by Howard Bashman In Wednesday's newspapers: The Washington Post reports that "Panel Rules U.S. Won't Reimburse Lewinsky." In other news, "Ashcroft Recuses Self From Leak Case; U.S. Attorney To Oversee Probe." An article reports that "Tribunals' Review Panel Picked; Former Attorney General Bell Among 4 Named." In news from Detroit, "Terrorism Case Thrown Into Turmoil; Factors Judge Is Considering Include Evidence Withheld From Defense." An article reports that "Release From Jail Sought for Cleared Terrorism Suspect." In news from Virginia, "Lawyer Wants Report Unsealed in Lindh Case." A front page article reports that "Meat From Infirm Animals Is Banned; U.S. Strengthens Rules To Protect Food Supply." In related news, "Banning Sale of 'Downer' Meat Represents a Change in Policy; Identical Measure Was Blocked in Congress Just Weeks Ago." An article in the food section is headlined "The American Burger: How Safe Is It?" And an editorial is entitled "Misfires on the Hill." The New York Times reports that "Special Counsel Is Named to Head Inquiry on C.I.A. Leak." A related profile is headlined "'An Independent Prosecutor.'" In other news, "Hispanic Day Laborers Sue Freehold, Claiming Right to Gather to Seek Work." An article reports that "U.S. Imposes Stricter Safety Rules for Preventing Mad Cow Disease." In other health-related news, "F.D.A. Rules Shots Effective for Anthrax That Is Inhaled." In business news, "Judge Rules Against US Airways on Calculating Pilots' Pensions." An article is headlined "So Much Clutter, So Little Room: Examining the Roots of Hoarding." An editorial is entitled "The Right Thing, at Last." And columnist William Safire today has his annual prediction op-ed for the forthcoming year. Posted at 16:45 by Howard Bashman "Wall Nuts: The wall between intelligence and law enforcement is killing us." Slate has recently posted online this Jurisprudence essay by Stewart Baker. Posted at 16:30 by Howard Bashman "Roy Moore commanded state news": The Associated Press provides this report from Alabama. Posted at 15:45 by Howard Bashman From this morning's broadcast of NPR's "Morning Edition": This morning's broadcast contained the following reports (Real Player required): "U.S. Moves Closer to Guantanamo Trials" and "Court to Review Amusement Ride Safety Rules." NPR's written description of the amusement ride segment explains, "The California Supreme Court agrees to hear a case on whether rides at amusement parks should be held to the same regulatory safety standards as planes and trains. The case draws on a wrongful death lawsuit that claims high-speed roller coasters can cause blood vessel abnormalities to rupture. Scientists say rides are relatively safe." Posted at 15:40 by Howard Bashman A fake Gucci handbag that even fooled Gucci: Today a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit affirmed a trial court's ruling that denied to Gucci both an award of profits and an injunction prohibiting future infringement by the defendant, Daffy's. You can access today's ruling at this link. Posted at 15:30 by Howard Bashman "Chick-fil-A's cows on hold": This article from today's issue of The Atlanta Journal-Constitution reports on one effort to make cows a little less angry. Posted at 15:23 by Howard Bashman "'Dumb' cross-burning botched from the get-go": The Atlanta Journal-Constitution reports here today on a group of cross burners who telephoned the police to respond to the scene of their crime. This provides even more support for the Dartmouth study that was the subject of my post last month entitled "Racists go to Jupiter, to get more stupider." Posted at 15:21 by Howard Bashman Vindictive? A dissenting opinion that Senior Circuit Judge John T. Noonan, Jr. issued today from a three-judge Ninth Circuit panel's ruling contains the following paragraph: A British appellate judge was once reputed to discourage appeals by exercising his court's prerogative of increasing, even doubling, the sentences of appellants who lost their appeal. It was an effective tactic for reducing appeals. It was not a glory of British jurisprudence. In our case, appeal has been discouraged by the action of the district judge given a stamp of approval by this court. "Win your appeal and double your sentence." That cannot be our motto or that of any judicial body interested in doing justice. The motto is not any better if it reads: "Win your appeal and increase your sentence 40 percent."You can access the complete decision at this link. Posted at 15:05 by Howard Bashman "Appellants' argument depends upon the notion that the events of September 11 so exalted first responders that, for many months thereafter, no one who sat across a courtroom from a police officer or a firefighter could get a fair shake": Today a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit, in an opinion by Circuit Judge Bruce M. Selya, rejects the argument that the events of September 11, 2001 deprived the plaintiffs of their right to a fair trial in an unrelated lawsuit against firefighters based in Rhode Island. Posted at 15:00 by Howard Bashman "Just as a building designed by Ludwig Mies van der Rohe demands controls made from regular or semi-regular polyhedra, so a building designed by Frank Gehry could not tolerate boxy controls." So writes Seventh Circuit Judge Frank H. Easterbrook in an interesting trademark decision issued today. Posted at 14:44 by Howard Bashman Congress should eliminate the law that automatically confers U.S. citizenship on all individuals born in the United States: So argues Seventh Circuit Judge Richard A. Posner in a must-read concurring opinion issued today in an asylum case involving a refugee who fears that her young daughters, U.S. citizens due to the location of their birth, will be subject to clitoridectomy and infibulation if their mother is forced to return to Nigeria. Posted at 14:39 by Howard Bashman How bad is the injunction? "Appallingly bad," Judge Posner says: The U.S. Court of Appeals for the Seventh Circuit today issued another quite interesting intellectual property decision written by Circuit Judge Richard A. Posner. Posted at 14:15 by Howard Bashman "Linguists Release Banished Words for 2004": The Associated Press provides this report. Posted at 13:08 by Howard Bashman "U-M case applied to police; Chicago ruling cites diversity argument": This article appears today in The Detroit Free Press. Posted at 10:11 by Howard Bashman "Judge: WTO arrests lacked cause." The Seattle Times reports here today that "Seattle police who arrested World Trade Organization protesters four years ago had no probable cause to do so, a federal judge has ruled, possibly leaving the city vulnerable to damages from a class-action lawsuit." Posted at 10:08 by Howard Bashman "Lawyer contends police ploy erodes trust in legal system; High court ruling sought in DNA sample": This article appears today in The Seattle Post-Intelligencer. Posted at 10:05 by Howard Bashman Strike three: Yesterday's issue of The Modesto Bee contained an article headlined "DUI conviction brings 25-year sentence." Posted at 10:00 by Howard Bashman In news from Texas: The Amarillo Globe-News reports that "Abortion rules not final - yet." And The Star Telegram of Fort Worth contains articles headlined "Texas, nation see drop in executions" and "Justice on Supreme Court faces primary challenge." Posted at 08:58 by Howard Bashman "Klassen wins suit over malicious prosecution": The Globe and Mail reports here that "A former foster parent accused of serial sex assault and ritual abuse said Tuesday that he feels vindicated after successfully suing a Crown prosecutor, a senior Saskatoon police officer and a therapist for malicious prosecution." And Canadian Press has a report headlined "12 accused of abuse were victims: Judge; Charged in ritual abuse of children; Prosecution ruled malicious." Posted at 08:48 by Howard Bashman "Judge amends ruling in lesbian divorce decree": This article appears in today's edition of The Sioux City Journal. Posted at 08:45 by Howard Bashman "Attorney will face hearing on conduct": The Seattle Times reports here today that "A public disciplinary hearing has been ordered for a Seattle attorney who was caught in a jailhouse sexual encounter more than a year ago with her client, a man currently on trial for three killings in Bellevue." Posted at 08:44 by Howard Bashman "Lawsuit forces another delay in judicial race": This article appears today in The Philadelphia Inquirer. The Associated Press reports that "GOP claims victory in state Superior Court race; Democratic opponent files lawsuit in federal court to overturn outcome." And The Morning Call of Allentown contains an editorial entitled "Undecided Superior Court race highlights need for recount law." Posted at 08:38 by Howard Bashman "Maui County loses motion in church case": The Honolulu Advertiser reports here today that "Hale O Kaula Church has won the first round in a lawsuit that pits government against church and has attracted national attention to a zoning dispute in Maui County." And The Honolulu Star-Bulletin today contains an article headlined "Isle church zoning case could go to high court." Posted at 08:30 by Howard Bashman Coming soon to "How Appealing": Monday, January 5, 2004 is the scheduled publication date for the next monthly installment of "20 questions for the appellate judge." January's interviewee will be Tenth Circuit Chief Judge Deanell Reece Tacha. Later next week, I will begin soliciting proposed interview questions for February 2004's "20 questions" interviewee, Ninth Circuit Judge Stephen Reinhardt. Monday, January 12, 2004 is the scheduled publication date for the next installment of my monthly appellate column that appears in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers. The public has until February 16, 2004 to comment on proposed amendments to the Federal Rules of Appellate Procedure that are scheduled to take effect December 1, 2005. My appellate column next month will summarize and provide my views on the most significant of the proposed FRAP amendments. Will my column unwrap the "Washington's Birthday Package"? Time will tell. Posted at 08:05 by Howard Bashman Tuesday, December 30, 2003
"Carrying democracy too far poses a great threat to our freedom": This op-ed -- which appeared in yesterday's edition of The News-Sentinel of Fort Wayne, Indiana -- argues in favor of the availability of the filibuster to block confirmation of federal judicial nominees.
Posted at 23:42 by Howard Bashman
Elsewhere in Tuesday's newspapers: The Boston Globe reports that "Ruling rejects abortion provision; Judge says N.H. law is unconstitutional." And in other news, "Judge backs veterans' group in S. Boston parade dispute." The Los Angeles Times reports that "Deadline Nears on Holocaust Claims." And Law Professor Jonathan Turley has an op-ed entitled "Celebrity Is Often Its Own Best Defense." The Washington Times has an article headlined "Where punishment must fit the faith." Bruce Fein has an op-ed entitled "A judicial gift to Saddam." And a review of Law Professor David E. Bernstein's book "You Can't Say That!" is headlined "Big brother antics." USA Today contains an editorial entitled "How wider use of a pill could quiet abortion fights." An opposing view is expressed in an op-ed by Tony Perkins entitled "Pill poses grave risks." And letters to the editor appear under the heading "Consider fallout from gay marriage ban." Posted at 23:10 by Howard Bashman Indian Country Today provides extensive coverage of Indian rights case now pending on the merits before the U.S. Supreme Court: The name of the case is United States v. Lara, and ITC has covered the case in articles headlined "Duro rides again; Supreme Court review will test extent of tribal sovereignty"; "Inherent sovereignty under siege in Lara appeal"; "Clear facts on the ground: Lara breeds fine points for sovereignty"; "U.S. v. Lara: two questions"; and "Defense counselor Reichert discusses U.S. v. Lara." ITC also plans on providing additional coverage of the case in the very near future. You can learn more about the case here and here, and the Native American Rights Fund provides links to additional resources here. Also available online are the Eighth Circuit's three-judge panel and en banc opinions. The federal government's opening brief on the merits can be accessed here, and Lara's brief for respondent can be accessed here. The deadline for the federal government's reply brief has yet to pass. Posted at 22:20 by Howard Bashman Available online at law.com: In news pertaining to the U.S. Court of Appeals for the Eleventh Circuit, "Journalists Ask Courts to End Secret Dockets." And Shannon P. Duffy reports that "'Opt-Out' Plaintiffs Win Discovery Rights; 3rd Circuit says state court must resolve dispute." Posted at 22:10 by Howard Bashman "Lawyers line up to defend Saddam": Tomorrow's issue of The International Herald Tribune will contain this article. Posted at 19:33 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "North Dakota asks Supreme Court to hear Missouri River dispute"; "Benson to appeal judge's decision on parental notice law"; and "Missoula lawyer accused of seeking sex for legal services." Posted at 19:32 by Howard Bashman "Pentagon Takes Key Steps Toward Terrorism Trials": Reuters provides this report. The Associated Press reports that "Ex-General to Oversee Guantanamo Trials." And the Department of Defense today issued press releases entitled "Military Commission Review Panel Members to be Designated and Instruction Issued" and "Military Commission Legal Advisor Announced." Posted at 19:31 by Howard Bashman In news from Alabama: It appears to have been a busy news day for the Supreme Court of Alabama, and to everyone's relief no Ten Commandments monument was involved. The Associated Press is reporting that "Supreme Court keeps mental health records private"; "Supreme Court sets limit on obscenity prosecutions"; and "Divided court upholds $500,000 punitive damage verdict." Posted at 19:22 by Howard Bashman "Man implicated in assassination of federal judge now free": The "Texas Law Blog" has the details here. Posted at 17:16 by Howard Bashman "U.S. Bans Use of Downer Cows": The Associated Press provides this report. Posted at 17:15 by Howard Bashman "Lewinsky Denied Reimbursement of Legal Fees; Court Says Taxpayers Should Not Pay $1.1 Million": The Washington Post provides this news update. Posted at 17:14 by Howard Bashman "26 to life for taking an exam; Man took cousin's drive test -- strike 3": Bob Egelko of The San Francisco Chronicle reports here today on what appears to be a not-for-publication opinion that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 16:35 by Howard Bashman For those keeping score at home: The en banc U.S. Court of Appeals for the Third Circuit issued this order today, which more specifically details how several judges voted in this en banc decision issued eight days ago. Consider my original post describing that ruling to be amended accordingly. Posted at 16:01 by Howard Bashman "How Appealing" gets results: It appears that the Fourth Circuit has abandoned its practice of "vacating" its decisions in cases that the U.S. Supreme Court has agreed to review on the merits. See the notation at the very bottom of this page, and then read my post from last month questioning the logic of the Fourth Circuit's practice -- a question that arose in the context of the very same case that is the subject of today's "this decision is not being vacated" announcement. Posted at 15:48 by Howard Bashman "French Dressing: Lessons for America from the proposed French ban on religious garb." Slate has just posted online this Jurisprudence essay by Avi Schick. Posted at 15:36 by Howard Bashman Revisionist history? The opinion that the D.C. Circuit issued today denying the counsel fee application of Monica Lewinsky contains the following paragraph: As a result of the evidence of perjury, subornation of perjury, and obstruction of justice, the House of Representatives voted to impeach President Clinton on December 19, 1998. On February 12, 1999, following trial on two articles of impeachment, the Senate voted on whether to remove Clinton from office. Although a majority of Senators voted for removal, the vote fell short of the two-thirds' concurrence necessary for conviction of President Clinton.A reader clerking for a federal judge based in California emails to note that a majority of Senators did not vote to remove President Clinton from office. And indeed the reader is correct. On the perjury charge, the Senate voted 55-45 against removal. And on the obstruction of justice charge, the Senate divided evenly, 50-50. Readers desiring even more information about the impeachment trial can access it here via The Washington Post and here via the PBS program NewsHour. Posted at 15:20 by Howard Bashman "Ashcroft Recuses Self From CIA Leak Probe": The Associated Press provides this report. Posted at 14:15 by Howard Bashman From this morning's broadcast of NPR's "Morning Edition": This morning's broadcast contained a report entitled "U.S. Cracks Down on American Sex Tourists Abroad" (Real Player required). Posted at 13:50 by Howard Bashman Unanimous eleven-judge en banc Ninth Circuit panel holds that federal law prohibits United States Fish and Wildlife Service from authorizing sockeye salmon enhancement project in Alaska wilderness reserve: Today's en banc decision reaches a result that is directly contrary to the result that a divided three-judge Ninth Circuit panel reached back in January 2003. None of the judges on the original three-judge panel was selected to serve on the eleven-judge en banc panel. Posted at 13:30 by Howard Bashman In news from Nebraska: The Lincoln Journal Star today contains an article headlined "Appeals court to hear lawsuit against Bush" that begins, "A former eastern Nebraska congressman who waged an anti-war fight with President Bush in federal court will get another chance to argue his case. The Eighth U.S. Circuit Court of Appeals agreed last week to hear an appeal of Clair Callan's third lawsuit against Bush -- this one questioning whether Congress had the authority to grant Bush an open-ended means to wage war." And in other news, The Journal Star reports that "Getting naked gets woman in trouble." The Associated Press is also covering this story, in an article headlined "Neb. Woman Ticketed for Being Nude on Net." Posted at 13:00 by Howard Bashman It's still permissible to call her "Monica": Today the D.C. Circuit's Division for the Purpose of Appointing Independent Counsels Ethics in Government Act of 1978, as Amended, denied Monica Lewinsky's application for reimbursement of more than $1.1 million in attorneys' fees. You can access the opinion here. Notwithstanding this recent ruling by the U.S. Court of Appeals for the Second Circuit (which I previously reported on here), it's still permissible to call today's denied applicant "Monica." Or, to quote Ninth Circuit Judge Alex Kozinski, "relation" (see here and here for details). Posted at 12:40 by Howard Bashman "Center president seeks congressional seat": The Philadelphia Inquirer reports here today that "National Constitution Center president Joseph M. Torsella started his campaign for the 13th Congressional District yesterday, touting himself as the candidate of fresh ideas." Posted at 08:10 by Howard Bashman "Pagan inmate accuses jail officials of violating rights": This article appears today in The Pittsburgh Post-Gazette. Posted at 08:07 by Howard Bashman "Appeals court rejects free-speech case; A Southern Oregon man wanted to put up a billboard that advocated peace in the Persian Gulf." The Associated Press provides this coverage. Posted at 08:06 by Howard Bashman "Lawyer to face disciplinary hearing for having sex with client": The Seattle Post-Intelligencer today contains this report. Posted at 08:05 by Howard Bashman "Jurists deplore relaxed rules; Superior Court judges weigh in": This article appears today in The Raleigh News & Observer. Posted at 08:02 by Howard Bashman "High court will weigh Muslim's flag suit; Lower courts rejected religious argument": The Associated Press provides this report from Mississippi. And an editorial published in The Pascagoula Mississippi Press is entitled "Legal foolishness over the flag." Posted at 07:55 by Howard Bashman "For gays and lesbians, a year of remarkable gains": The Pittsburgh Post-Gazette contains this report today. Posted at 07:54 by Howard Bashman "Court rules on Naked Barbie: We know art when we see it." This article appears today in New Zealand's National Business Review. You can see more photos from "Food Chain Barbie" at this link. In today's issue of The San Francisco Chronicle, Bob Egelko reports that "Court upholds artist's right to toy with Barbie's image; Mattel loses appeal on photographer's acclaimed parodies." And my coverage of yesterday's ruling by the U.S. Court of Appeals for the Ninth Circuit can be accessed here and here. Posted at 07:45 by Howard Bashman "Woman Files $10M Suit Vs. Starbucks; Alleges she suffered 'severe burns' from coffee": This article appears today in Newsday. Posted at 07:40 by Howard Bashman In Tuesday's newspapers: The Washington Post reports that "Court Reins In Terror Suspect; Moussaoui Ordered To Use Attorneys." (Yes, this is the same news that I reported one week ago today.) An article reports that "Deal Would Free Youth Who Killed 6-Year-Old." In other news, "Enron Bankruptcy Examiner's Fees Soar." And an article reports that "Anthrax Fears Disrupt Rockville Courthouse; 3 Floors Temporarily Evacuated After Worker Opens Hostile Letter With White Powder." The New York Times reports that "An Unrepentant Spammer Vows to Carry On, Within the Law." In other news, "Dispute in Michael Jackson Camp Over Role of the Nation of Islam." An article reports that "Tribe Loses Suit on Tax-Free Tobacco." And in news relating to current cinema, "Portraits of a Social Outcast Turned Serial Killer." Finally, The Christian Science Monitor offers an essay by Susan Dicklitch entitled "Two college students fight for Obi's freedom." Posted at 07:10 by Howard Bashman Monday, December 29, 2003
"Court Tosses Suit Vs. Barbie Lampooner": David Kravets of The Associated Press provides this report.
Posted at 23:50 by Howard Bashman
Elsewhere in Monday's newspapers: The Los Angeles Times reports that "Jackson Says He'd 'Slit Wrists' Before Hurting a Child; In a TV interview, the singer denies molesting a boy and claims mistreatment by deputies." In other news, "Future of State's Private Prisons Remains Murky; Critics say the facilities have outlived their usefulness. Companies fight for survival and a bigger piece of the $5-billion-a-year industry." An article reports that "Western State Law School May Lose Its National Accreditation; The American Bar Assn. is concerned about high dropout rate, low scores at Fullerton institution." And letters to the editor appear under the headings "Anthrax Vaccinations for U.S. Soldiers" and "Political Theater in Lenny Bruce Pardon." The Washington Times reports that "Anger and grief are the lot of sniper victims' families." An op-ed by Nat Hentoff is entitled "The Constitution in wartime." And an op-ed by Terence P. Jeffrey is entitled "ACLU targets Navy." The Boston Globe reports that "Maine couple view penalty for son's crime as excessive." In other news, "Injured electrician wins $2.1m in suit." An article reports that "Firms scramble in face of spam law; Have little time left to tweak marketing." In politics, "Getting your name on this Deans list gets you attention." And an op-ed by Cathy Young is entitled "Christmas tree freedom." Posted at 23:20 by Howard Bashman Commentary recently published online at FindLaw: Today, Anthony J. Sebok has an essay entitled "A Recent California Appellate Decision Underlines the Importance of the Supreme Court's 2003 Pronouncements on Punitive Damages." Last Friday, Vikram David Amar had an essay entitled "The Bush Administration's Biggest Legal Setbacks To Date in the War on Terror, And What They Tell Us." Last Thursday, Edward Lazarus had an essay entitled "The Supreme Court Considers Sophisticated Political Gerrymandering: Are Voting Rights Preserved If Boundaries are Drawn to Ensure Particular Election Outcomes?" Last Tuesday, Julie Hilden had an essay entitled "Bono, Nicole Richie, and The F-Word: The Insanity of Broadcast Indecency Law." One week ago today, Joanne Mariner had an essay entitled "Battlefield Chicago? In the Jose Padilla Case, The U.S. Court of Appeals for the Second Circuit Says No." And also one week ago today, Elaine Cassel had an essay entitled "The Strategy Behind Raising a Weak Insanity Defense in the Malvo Case: Why the Defense May Help Malvo Avoid the Death Penalty." Posted at 22:55 by Howard Bashman Access online today's ruling of the U.S. District Court for the District of New Hampshire enjoining enforcement of that State's Parental Notification Prior to Abortion Act: The decision can be accessed here. The law was scheduled to go into effect later this week. Posted at 22:40 by Howard Bashman Available online at law.com: Tony Mauro has an article headlined "Supreme Changes: In ways small and large, the high court opened up and recognized a wider world." And in news from the U.S. Court of Appeals for the Second Circuit, "Challenge to U.S. Meat Inspections Moves Forward." Also, from Legal Times (free registration required), Tony Mauro has an article headlined "Recalling a Battle in an Ongoing War; William Colby went to the Supreme Court in 1989 to argue Nancy Cruzan's right to die. The memory still stings." And Philip Allen Lacovara has an op-ed entitled "Off to Work They Go: The Supreme Court decides far fewer cases than it once did. We could use more justice from the nine justices." Posted at 22:20 by Howard Bashman Join together with the ban: Election law blogger Rick Hasen has found a typo in Chief Justice William H. Rehnquist's separate opinion (see the fourth line of the first full paragraph on page five of the PDF file) in the Bipartisan Campaign Reform Act case. (The title of this post is based on The Who's "Join Together.") Posted at 20:46 by Howard Bashman What's in a Name? Today a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued an opinion resolving "how the citizenship of a Lloyd's of London underwriter suing on its own behalf is to be determined for diversity purposes." This and related questions had given rise to a circuit split even before today's ruling. U.S. District Judge Jay C. Zainey, sitting by designation from the U.S. District Court for the Eastern District of Louisiana, wrote the Fifth Circuit decision in this matter. Posted at 19:15 by Howard Bashman Darryl Hunt is freed from prison in North Carolina after serving 18 years for a murder authorities now believe he did not commit: I previously noted a series of articles that The Winston-Salem Journal had published about this case. The latest news is accessible here. Posted at 17:36 by Howard Bashman Ten Commandments update from Georgia: The Gainesville Times reported two Saturdays ago that "Barrow commandments suit to proceed." The Athens Banner-Herald reported that day that "Barrow motion stopped in court." The Gwinnett Daily Post reported that "Judge: ACLU can proceed with lawsuit" and that "Barrow to appeal federal judge’s ruling on ACLU suit." And The Northeast Georgian offers an article headlined "County may be stuck with paying attorney fees" that begins, "The fate of $1 may cost Habersham County $70,000." Posted at 17:27 by Howard Bashman Ninth Circuit opinion issued today creates intra-circuit split over correct way to spell "Dr. Seuss": A gimlet-eyed reader notes that the nude Barbie opinion (which I originally noted here) spells the good doctor's name variously as "Dr. Seuss" and as "Dr. Suess." Suffice it to say that only one of those two spellings is correct. Posted at 17:25 by Howard Bashman Divided en banc Second Circuit upholds constitutionality of the "honest services" amendment to the federal criminal statute prohibiting wire and mail fraud: You can access at this link the lead opinion that the en banc U.S. Court of Appeals for the Second Circuit issued today. Circuit Judge Robert D. Sack issued the lead opinion, which serves as the opinion for the court in part and a plurality opinion in part. Joining in the lead opinion in full were Circuit Judges Guido Calabresi, Chester J. Straub, Rosemary S. Pooler, and Sonia Sotomayor. Circuit Judge Robert A. Katzmann concurred in part and filed a separate opinion in part. Circuit Judge Reena Raggi issued an opinion concurring in the judgment. Circuit Judge Dennis Jacobs issued a dissenting opinion, in which Chief Judge John M. Walker, Jr. and Circuit Judges Jose A. Cabranes and Barrington D. Parker, Jr. joined. Chief Judge Walker also filed a separate dissent, in which Circuit Judge Cabranes joined. Posted at 16:47 by Howard Bashman "Inmate Deemed Retarded Still on Death Row": The Associated Press reports here that "The Virginia inmate whose case persuaded the U.S. Supreme Court to bar the execution of mentally retarded killers remains on death row more than a year later, and prosecutors are determined to see him die." Posted at 14:40 by Howard Bashman Divided three-judge Ninth Circuit panel upholds legality of Oregon law that prohibits homeowner from displaying highway billboard favoring peace in the Persian Gulf: You can access today's ruling at this link. Posted at 13:41 by Howard Bashman Ninth Circuit rebuffs Mattel's challenge to artist's photographs depicting nude Barbie about to be attacked by vintage household appliances: The U.S. Court of Appeals for the Ninth Circuit has today issued this opinion. Aside from being of interest to fetishists, the opinion will also be of interest to those concerned with the "fair use" copyright doctrine. Posted at 13:30 by Howard Bashman "N.H. Judge Nixes Abortion Notification": The Associated Press provides this report. And from Austin, Texas, The Houston Chronicle today reports that "New year will bring Texans new rules on abortions, higher tuition." Texas-based blogger Jim Dedman provides more details about, and his opinion concerning, the new abortion regulations here. Posted at 13:19 by Howard Bashman "He is a self-described twice-baptized lover of gospel music, yet he passionately asserts that the Ten Commandments do not belong on government property." An article headlined "Fighting for our rights" appears today in The Daily Journal of Johnson County, Indiana. The article profiles the executive director of the Indiana Civil Liberties Union. Posted at 12:42 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Lionel Tate Expected to Accept Plea Deal" and "Judge Upholds R.I. Smoke-Shop Shutdown." Posted at 12:32 by Howard Bashman Access online the American Legion's amicus brief filed in the Pledge of Allegiance case pending before the U.S. Supreme Court: The brief, filed by attorneys practicing at Winston & Strawn, can be viewed here. Thanks much to the reader who provided this brief to me via email. Posted at 12:21 by Howard Bashman "Split over gay marriage; Coloradans divided on ban, but many back civil unions": This article appears today in The Rocky Mountain News. Posted at 09:19 by Howard Bashman "Activists seek vote for ex-felons": The Orlando Sentinel today contains this article (free registration required). Posted at 09:18 by Howard Bashman "Abortion bills resurface; Provo senator sees swift approval in the Legislature": This article appears today in The Deseret Morning News. Posted at 09:17 by Howard Bashman "UT may include race again in admissions policy": The Associated Press provides this report from Austin, Texas. Posted at 09:16 by Howard Bashman "4 conservative groups offer to defend city against ACLU suit": Today's issue of The Providence Journal contains an article (free registration required) that begins, "Four conservative organizations have volunteered to defend the city, at no cost, against a federal lawsuit brought by the Rhode island Affiliate of the American Civil Liberties Union over the city's holiday display." Posted at 09:14 by Howard Bashman "End 'secret' selection of top judges; Public 'has right' to know who is shaping law, justice minister says": The Ottawa Citizen today contains this report. Posted at 09:12 by Howard Bashman "Verdict in cigarette trial draws national eye": This article appears today in The Telegraph. Posted at 09:11 by Howard Bashman Is Justice William J. Brennan, Jr.'s biographer dawdling? Jeffrey Toobin has this essay in the January 5, 2004 issue of The New Yorker. Posted at 09:00 by Howard Bashman Available online at law.com: Jonathan Groner reports that "After 20 Years, New Twist in Custody Case." In news from Florida, "Court Finds Felon Disenfranchisement Law Discriminatory." In news from California, "Battle Over Dead Crooner's Attorney-Client Privilege." In other news from California, "Third Trial Likely in Suit Against Beretta." An article reports that "Enron Fallout Creates Chinks in V&E's Armor." And in other news, "Georgia Judge Avoids Grand Jury Indictment; Jurist accused of making terrorist threats, altering public records." Posted at 08:55 by Howard Bashman "Short-Circuited Reasoning and Obstructionist Filibustering: The 9th Circuit--where judicial activists run amok--and Senate liberals who want to keep it that way." Jan LaRue, chief counsel of the organization Concerned Women for America, today has this essay posted online at that organization's Web site. Posted at 08:05 by Howard Bashman Today at National Review Online: Michael Fumento has an essay entitled "Opt-Out Military: Hysteria leads to judicial overreach -- and national-security danger." And Michael Knox Beran has an essay entitled "'Never Forget: They Kept Lots of Slaves.' The latest maneuver in the culture wars, and how it is distorting our thinking about the Founding Fathers." Posted at 07:58 by Howard Bashman Caution -- geek-speak ahead: In an effort to avoid link-rot -- the phenomenon whereby links to a resource that work today are rendered less useful or, more often, entirely useless by the passage of time -- as of this morning I have begun to link to articles published in the print version of The New York Times using the method that Dave Winer describes here. As a result, links to NYTimes articles will henceforth contain more text than they previously did. The good news is that this additional text in the link will only be noticeable if you click on, hover over, or email a link to a NYTimes article. And, of course, if a link seems too lengthy to email, you can always use TinyURL.com or a similar resource. Posted at 07:44 by Howard Bashman In Monday's newspapers: The New York Times contains an article headlined "This Car Can Talk. What It Says May Cause Concern." An article reports that "I.R.S. Unit Will Focus on Lawyers and Accountants." In other news, "Women Find a New Arena for Equality: Prison." In business news, "Studios Fight Piracy With Education." A "Critic's Notebook" essay is entitled "Lenny Bruce, Pardoned and Laughing." And a letter to the editor appears under the heading "The Death Penalty." The Washington Post contains a front page article headlined "Worried Pain Doctors Decry Prosecutions." A related article reports that "High-Dosage Opioids Saved His Life, Patient Says." "The Lawyer's Column" today is headlined "2 Who Challenged the Status Quo and Won." An editorial is entitled "An Endangered Act." An op-ed by Richard Arum is entitled "For Their Own Good: Limit Students' Rights." And an op-ed by Lee A. Casey and David B. Rivkin Jr. is entitled "When International Justice Works." The Christian Science Monitor contains an article headlined "Three FBI agents on trying to prevent another 9/11." And an article reports that "The Internet hasn't reeled in everyone yet." Finally for now, The Wall Street Journal contains an editorial entitled "The Politics of Autism: Lawsuits and emotion vs. science and childhood vaccines." Posted at 07:07 by Howard Bashman Sunday, December 28, 2003
"Green River killings point up prostitutes' plight; Contrary to popular belief, relatives, customers grieve": This article appears in Sunday's edition of The San Francisco Chronicle< |