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Saturday, July 31, 2004
"Tobacco case jury back in court; Defendants claim jurors were pressured": The Times-Picayune today contains an article that begins, "In an unusual hearing, 12 New Orleans jurors who decided that the nation's largest tobacco companies should pay $591 million to help Louisiana smokers kick their habits took the stand themselves Friday to answer questions about whether they felt pressured to reach a verdict by any deadline."
Posted at 22:40 by Howard Bashman
In news from the Scott Peterson trial: The San Francisco Chronicle reports today that "Defense asks county for financial help; Money could be used for expert witnesses, paralegals." On Thursday, The Modesto Bee contained an article headlined "Will Geragos seek public aid to help pay for Peterson trial?" And today The Bee reports that "Peterson money decision a secret." Posted at 22:36 by Howard Bashman "Key Evidence Against Gotti Includes Talks With Lawyer": This article appears today in The New York Times. Posted at 22:34 by Howard Bashman In today's edition of The Los Angeles Times: An article reports that "9/11 Reforms Could Weaken Rights, Says White House." And an article is headlined "Leaving a Lasting Legacy: Though law professor Erwin Chemerinsky has taken a job on the other side of the country, he plans to continue helping Los Angeles as much as he can." Posted at 22:15 by Howard Bashman Meet the "Johnnie Cochran of the Iraqi insurgency": Sunday's issue of The New York Times will contain an article headlined "Making Wheels of Justice Turn in a Chaotic Iraq." Posted at 21:36 by Howard Bashman "Ala. Ten Commandments Monument Opens Tour": The Associated Press reports here from Dayton, Tennessee that "The Ten Commandments monument banished from Alabama's state judicial building began a national tour on the back of a flatbed truck on Saturday -- starting outside the courthouse where the teaching of evolution was put on trial almost 80 years ago." Posted at 21:33 by Howard Bashman "SCOTUSblog" is reporting: Lyle Denniston has a post titled "The incredible shrinking Rasul decision." The post links to the federal government's brief filed yesterday in the U.S. District Court for the District of Columbia. Late yesterday, a reader emailed to me the two exhibits to that brief (but not the brief itself), and I posted those exhibits here and here and provided readers with links to them in this post from last night. And speaking of last night, after I posted about "The news media's continuing Kobe beef," Marty Lederman provided this entirely pun-free update on the continuing transcript redaction saga occurring in Colorado. Posted at 17:09 by Howard Bashman The New York Times is reporting: In today's newspaper, Adam Liptak has an article headlined "A.C.L.U. Board Is Split Over Terror Watch Lists." And Sunday's newspaper will contain an article headlined "Black Farmers' Refrain: Where's All Our Money?" Posted at 17:00 by Howard Bashman "Sentence-Guideline Ruling Stirs Confusion": Today's broadcast of NPR's "Weekend Edition - Saturday" contained this report (Real Player required). The segment features Law Professor Douglas A. Berman, whose blog "Sentencing Law and Policy" you can access here. Posted at 11:38 by Howard Bashman "Court rejects appeal to block killer's execution": The Las Vegas Review-Journal contains this article today. The Las Vegas Sun reports that "Appeal for death row inmate denied." And The Associated Press reports that "Appeals court says Nevada inmate can drop appeals, be executed." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 10:31 by Howard Bashman "Bryant Judge Apologizes for Disclosure on Accuser": This article appears today in The New York Times. The Los Angeles Times reports that "Judge Apologizes for Court's Errors; With parents of Bryant's accuser in the courtroom, Ruckriegle says he will learn from mistakes." The Denver Post reports that "Bryant judge says he's sorry." And The Rocky Mountain News reports that "Ruckriegle apologizes; Judge says he's sorry for posting woman's name in Bryant case." Posted at 09:29 by Howard Bashman "We Don't Stand for No Vibrating Here in Alabama": "amazonchyck's blog" has this to say about a recent ruling of the U.S. Court of Appeals for the Eleventh Circuit. Posted at 08:52 by Howard Bashman "Great Falls fights for Christian prayer": This article appeared yesterday in The Spartanburg Herald-Journal. And The Associated Press reports that "Great Falls council members will appeal 4th Circuit ruling." Meanwhile, The St. Petersburg Times reports today that "Invocation invokes brimstone; Angry e-mails beset City Hall the day after an atheist opened a City Council meeting." Posted at 08:49 by Howard Bashman "New Fight on Guantanamo Rights": Neil A. Lewis has this article in today's edition of The New York Times. Last night, in the second paragraph of a post that you can access here, I linked to some of the materials discussed in Lewis's article. In other coverage, The Los Angeles Times reports today that "Legal Showdown Nears for Detainees; Judge gives the U.S. until Tuesday to explain why a man is being held at Guantanamo, or he'll order him freed. Pentagon plans hearings for 4 others." Posted at 08:39 by Howard Bashman At least they didn't call him "Margaret": The Atlanta Journal-Constitution today contains an article headlined "Mead sues for new election." The article begins, "Georgia Court of Appeals candidate Howard Mead filed a lawsuit in Cobb County on Friday seeking another vote in the nonpartisan statewide race.... Mead said the law requires a new vote because 481 ballots in Laurens County incorrectly listed his first name as 'Thomas' instead of 'Howard.' After the July 20 election, Mead finished 348 votes behind Sheffield. After a recount this week, Mead was listed on the Georgia secretary of state's Web site as trailing Sheffield by 382 votes." Posted at 08:36 by Howard Bashman "Poletown seizures are ruled unlawful; State Supreme Court restricts government rights to take land": The Detroit Free Press contains this article today. The AP reports that "Michigan Supreme Court strikes down 1981 Poletown decision; Ruling defending property rights means Wayne County is barred from acquiring 1,300 acres for a project near Metro Airport." And The Detroit News offers an article headlined "Auto plant vs. neighborhood: The Poletown battle." Update: Yesterday's ruling of the Supreme Court of Michigan can be accessed here. Posted at 08:17 by Howard Bashman "City parks ban upheld; Federal appeals court backs Lafayette's 'John Doe' argument": This article appears today in The Lafayette Journal and Courier. That newspaper today also reports that "Statehouse candidates back 'John Doe' ruling" and offers this "Timeline of the case." In other coverage, The Associated Press (in an article containing at least two rather obvious errors) reports that "Court upholds banning child molester from public park." And Bloomberg News reports that "Pedophile Can Be Punished for Thoughts, Court Says." You can access my report on yesterday's en banc ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Posted at 08:06 by Howard Bashman In news from Rhode Island: The Providence Journal reports today that "Lawmakers confirm new justice; Selected by Governor Carcieri two months ago, William P. Robinson finally wins the General Assembly's approval." Posted at 07:57 by Howard Bashman "The Supreme Court left the criminal justice system hanging with its uninstructive ruling on the constitutionality of punishment guidelines": This editorial appears today in The Houston Chronicle. And in big news from Tennessee, The Citizen Press reports that "Jack Named to State Panel on Sentencing Laws." Posted at 07:44 by Howard Bashman Friday, July 30, 2004
In today's edition of The Washington Post: An article reports that "Saudis Plan Terror Case Against Va. Man, Family Says." And in other news, "Muhammad Gives Waist Chain the Slip; Fairfax Judge Admonishes Sniper."
Posted at 23:15 by Howard Bashman
Available online from law.com: Tony Mauro has an article headlined "'Blakely' Revisited." And in other news, "Calif. Bad-Faith Ruling Ensures Further Fee Fracas; State's high court invites attorneys to collect fatter fees -- if they can show the math." Posted at 22:29 by Howard Bashman Access online the recess appointments that the White House made today: You can access the list at this link. Believe it or not, one of the recess appointments involves a federal judge. The Associated Press reports that "Bush Announces 20 Recess Appointments." Posted at 22:23 by Howard Bashman "Guantanamo Prisoner Gets to Tell Story": Anne Gearan of The Associated Press reports here that "For the first time in the nearly three years since the Sept. 11 attacks, a prisoner picked up as a potential terrorist and held nearly incommunicado at a U.S. prison in Cuba got a chance Friday to convince his jailers that he should go free." The United States Department of Defense today issued a news release entitled "First Combatant Status Tribunal Conducted at Guantanamo Today" and a document providing Combatant Status Tribunal Implementation Guidance. And speaking of Guantanamo, today in the U.S. District Court for the District of Columbia, the federal government filed two exhibits (here and here) responding to motions filed by lawyers seeking access to Guantanamo detainees. Posted at 20:19 by Howard Bashman The news media's continuing Kobe beef: Marty Lederman of "SCOTUSblog" reports here that the news media remains disgruntled with the amount of the sealed transcript mistakenly emailed to the media that the trial judge in the Kobe Bryant prosecution will allow to be published. The news media's latest petition filed in the U.S. Supreme Court can be accessed here. In related coverage, The Denver Post offers a news update headlined "Judge apologizes for leaks in Bryant case." You can access the text of the judge's apology at this link. And today's edition of that newspaper contained contains an article headlined "Bryant team: Cash is motive; Accuser got $19,300 in victim payouts." The Los Angeles Times offers a news update headlined "Judge in Bryant Case Apologizes to Accuser's Family," while today's issue of that newspaper contains an article headlined "Witness Twist in Bryant Case: Defense is set to call a government expert to rebut the prosecutors' theory on DNA details." The New York Times today reports that "Information Leaks Prompt Questions in Kobe Bryant Case." The Rocky Mountain News today contains an article headlined "Payouts criticized; Bryant lawyer: $20,000 given to alleged victim." Finally, yesterday's broadcast of NPR's "Talk of the Nation" contained a segment entitled "Bryant Trial Evidence Mistakenly Released" (Real Player required). Posted at 19:57 by Howard Bashman Ninth Circuit affirms dismissal of "next friend" petition filed by lawyer seeking to stop execution of Nevada prisoner who's a "death penalty volunteer": You can access today's ruling of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. The AP on Monday reported on the appellate oral argument in an article headlined "Appeals court hears death row inmate's case." Posted at 19:26 by Howard Bashman Ten Commandments news: Not sure whether this qualifies as news, because the decision being reported on issued more than two weeks ago, but The Washington Times reports today that "Panel upholds ruling on Commandments." And from Missouri, The Associated Press reports that "Woman Settles Lawsuit Over Ten Commandments Plaque." Posted at 17:31 by Howard Bashman "City of Lafayette wins in John Doe park ban case; Federal appellate court upholds city's decision against former child molester": The Journal and Courier provides this news update on today's en banc ruling of the U.S. Court of Appeals for the Seventh Circuit, which I previously reported on here. Posted at 17:15 by Howard Bashman Three-judge panel of the U.S. Court of Appeals for the First Circuit explains why it summarily affirmed a federal district court's decision refusing to modify the designated demonstration zone at the 2004 Democratic National Convention in Boston: You can access at this link the opinion issued today. Circuit Judge Bruce M. Selya, on behalf of the panel, writes "Let us be perfectly clear: this is a close and difficult case." Posted at 17:05 by Howard Bashman One way to stem the tide of federal appellate judges visiting from the U.S. Court of Appeals for the Ninth Circuit: Start referring to them as "District Judge" in the listing of panel members at the outset of an opinion. See, e.g., this opinion issued today. Posted at 16:59 by Howard Bashman "Religious, and Right: Faith belongs in politics." Steven Waldman, my former editor-in-chief at The Columbia Spectator, has this essay today at National Review Online. Posted at 15:56 by Howard Bashman "Slate's Jurisprudence: Kerry's Plans for Judicial Reform." Today's broadcast of NPR's "Day to Day" included this report featuring Dahlia Lithwick. I think she reveals for whom she would be voting in November if she were a United States citizen. Some really big news is revealed at the end of this NPR segment -- Dahlia will be filling in for columnist Thomas L. Friedman on the op-ed page of The New York Times in August 2004!! Posted at 15:45 by Howard Bashman To be posted online here at midnight on Monday, August 2, 2004 -- "20 questions for the appellate judge" featuring Seventh Circuit Judge Frank H. Easterbrook: I just received and reviewed Judge Easterbrook's answers, and I am pleased to report that another fascinating installment of this blog's "20 questions" feature is just days away. In fact, for those readers who can't wait until midnight on Monday to read the interview, there is a good likelihood that it will be accessible online by Sunday evening because I'll be traveling on business Sunday night and all day Monday. Posted at 15:35 by Howard Bashman In news from Wisconsin: The Capital Times reports today that "Picks for high court seat down to 3; Doyle could make history with selection," while The Milwaukee Journal Sentinel reports today that "Doyle names state high court finalists; Bartell, Butler, White to interview for justice spot." The appointee will fill the seat vacated when Diane S. Sykes joined the U.S. Court of Appeals for the Seventh Circuit. The blog "Underneath Their Robes" recently nominated Circuit Judge Sykes as among the "Superhotties of the Federal Judiciary." According to The Journal Sentinel, Judge Bartell is a former Miss Wisconsin. Unfortunately, even if she were to become Justice Bartell, that would not ensure coverage from "Underneath Their Robes," which proclaimed earlier this week that "State Court Judges Are Icky." Posted at 14:41 by Howard Bashman En banc U.S. Court of Appeals for the Seventh Circuit upholds decision by Lafayette, Indiana to bar convicted sex offender from all public park property: You can access today's ruling, by a vote of 8-3, at this link. Back in late June 2003, a divided three-judge Seventh Circuit panel, by a vote of 2-1, held that the city's action represented unconstitutional punishment for "pure thought." You can access the panel's now-vacated ruling at this link, and my coverage of that ruling can be accessed here. For what it's worth, in today's ruling all the male judges who participated voted to uphold the ban, while all the female judges who participated voted to strike it down. Update: In other news from Lafayette, Indiana, The Journal and Courier reported yesterday that "Squirrel thought to be source of courthouse stench." Posted at 14:14 by Howard Bashman Law professor gains first-hand experience in criminal law and torts: The Dallas Morning News yesterday reported that "SMU prof indicted in cycling incident; Dolkart is accused of hitting man on bike at White Rock." And in earlier coverage from May 2004, that newspaper contained articles headlined "SMU professor in collision once drove into students; Her lawyer says crosswalk incident is coincidence, not pattern" and "Professor accused of assault; Lawyer says she ran him down as he cycled; she calls it an accident." The law professor's online bio reveals that she currently teaches neither criminal law nor torts. Posted at 12:00 by Howard Bashman Smokeless tobacco, cancer, and former major league baseball player Bill Tuttle: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal of claims against smokeless tobacco manufacturers and their trade association filed by Tuttle's widow. You can access today's ruling at this link. You can learn more about Bill Tuttle here, here (AP obituary), here, and here (scroll down nearly two-thirds of the page). Posted at 11:43 by Howard Bashman Post updated: I have updated my post from earlier this morning on the prospect of having the Eleventh Circuit's sex toy ruling go en banc. As several readers have kindly pointed out, the Eleventh Circuit is one of the federal appellate courts that continues to treat recused active judges as voting against rehearing en banc. The amended post can be accessed here. Posted at 10:58 by Howard Bashman "Michigan assistant attorney general denied pay during call-up": The AP provides this report. And The Detroit News reports today that "State denies staffer military duty pay; Michigan says guard post wasn't compulsory, so attorney not eligible for extra money." Posted at 10:23 by Howard Bashman U.S. Court of Appeals for the D.C. Circuit rejects Libya's attempt to dismiss lawsuit arising out of the kidnapping and murder of an American citizen in Lebanon: You can access today's decision, which holds that the "terrorism exception" of the Foreign Sovereign Immunities Act requires denial of Libya's defense of sovereign immunity, at this link. Posted at 10:10 by Howard Bashman "Four Detainees At Guantanamo To Get Hearings": The Washington Post contains this article today. Reuters reports that "U.S. to Begin Pretrial Hearings at Guantanamo." Saturday's issue of The Sydney Morning Herald reports that "Hicks to appear in three weeks." Yesterday's broadcast of NPR's "All Things Considered" contained a segment entitled "U.S. Detainee Tribunals to Begin in August" (Real Player required). And somewhat closer to home, Gina Holland of The Associated Press reports that "Judge Orders U.S. to Defend Detentions." Posted at 09:57 by Howard Bashman "Council splits on atheist's invocation; In Tampa, three members walk out rather than listen; The mayor says the invocation should be reserved for believers in God": This article appears today in The St. Petersburg Times. And The Tampa Tribune reports today that "3 On Council Snub Atheist's Invocation." Posted at 09:45 by Howard Bashman "It's only fiction, but is it legal? An author's dramatization of a fact-based argument about killing President Bush makes Michael Moore's diatribe in 'Fahrenheit 9/11' look tame by comparison - and may push the boundaries of free speech." An article published today in The Christian Science Monitor begins, "The last time a US president and Nicholson Baker appeared in the same sentence, the subject was sex: In 1998, Kenneth Starr discovered that the world's most famous intern had given Bill Clinton a copy of Mr. Baker's erotic novel 'Vox.'" Posted at 09:37 by Howard Bashman "ACLJ Urging Federal Appeals Court to Reject Senator Kennedy's Legal Challenge to Recess Appointment of Judge William Pryor to U.S. Court of Appeals for 11th Circuit": The American Center for Law and Justice issued this press release yesterday. You can access the organization's amicus brief at this link. Posted at 08:44 by Howard Bashman "Court Strikes Pa. Ban on Campus Booze Ads": The Associated Press provides this report. Posted at 08:37 by Howard Bashman "Court OKs Alabama sex toy ban": The Atlanta Journal-Constitution contains this article today. And The Montgomery Advertiser reports today that "Sex toy merchants fight Alabama's ban" and will likely seek rehearing en banc of the divided three-judge panel's ruling before the full U.S. Court of Appeals for the Eleventh Circuit. On the issue of rehearing en banc, readers may recall that the Eleventh Circuit divided evenly, 6-6, last week over whether to grant rehearing en banc in a case that rejected a constitutional challenge to a Florida law prohibiting practicing homosexuals from adopting children. As I noted in my write-up of that development, Circuit Judge William H. Pryor, Jr. cast what could be viewed as the decisive vote against rehearing en banc. In the Alabama sex toys case, by contrast, Judge Pryor served as Alabama's Attorney General while that suit was underway, and he was named as a party to the case. Presumably, he was involved in defending the constitutionality of that law while he served as Alabama's chief legal officer. Thus, Judge Pryor would likely have to recuse himself from voting on whether to rehear the Alabama sex toys case en banc and would not be able to participate in the rehearing if it were to occur. Thus, while recognizing the distinctions between adoption by homosexuals and the sale of sex toys, if the other votes in both cases remained the same, the vote in favor of taking the sex toy case en banc would be 6-5. The Eleventh Circuit is one of the federal appellate courts that continues to count recused active judges as voting against rehearing en banc. Thus, to quote Eleventh Circuit Internal Operating Procedure 35.3, "The recusal of a judge or judges does not affect the number of votes required for rehearing en banc to be granted. If, for example, there are 12 circuit judges in regular active service on this court, one or more of whom are recused in a case, rehearing en banc may only be granted by affirmative vote of seven or more active judges." Accordingly, a 6-5 vote in favor of taking this case en banc would not suffice; at least seven votes are necessary to take a case en banc no matter how many active Eleventh Circuit judges are recused. (An amendment to the Federal Rules of Appellate Procedure likely to take effect in December 2005 will prohibit any federal appellate court from counting recused judges as in effect voting against rehearing en banc. There is no reason to think that the Eleventh Circuit will modify its internal rules before that time.) One last point of interest: one of the judges serving on the three-judge Eleventh Circuit panel that voted to uphold the Alabama law is a senior Eleventh Circuit judge. Senior Circuit Judge James C. Hill would be entitled to participate in the rehearing en banc, even though as a senior judge he cannot vote on whether to grant or deny rehearing en banc. If he participates and votes as he did on the panel, the outcome on rehearing en banc could be an evenly divided 6-6 vote. The effect of such an evenly divided vote on rehearing en banc is to affirm by an equally divided court the trial court's judgment. In this case, that would be a victory for those opposed to Alabama's ban on the sale of sex toys, because the trial judge struck down that ban as unconstitutional in the decision under review. Posted at 06:59 by Howard Bashman "Blakely Does Not Apply to Consecutive Sentencing Decision, C.A. Rules": This article appeared in yesterday's edition of The Metropolitan News-Enterprise. And from Washington State, The Associated Press reports that "Spokane jury to weigh fraud sentences." The blog "Sentencing Law and Policy" provides access here, here, and here to recent U.S. Supreme Court filings in cases that may allow the Court to determine the effect of Blakely v. Washington on the U.S. Sentencing Guidelines. And Lyle Denniston, writing at "SCOTUSblog," offers three insightful reports (accessible here, here, and here) on what it all means. Posted at 06:46 by Howard Bashman Thursday, July 29, 2004
In today's issue of The New York Times: In local news, "City to Pay $650,000 in Settlement of Strip-Search Lawsuit." And an article is headlined "The Trial Outside the Court."
Posted at 23:47 by Howard Bashman
"Sniper Muhammad Slips Out of Waist Chains": The Associated Press provides this report. Posted at 22:27 by Howard Bashman Extreme tracking, indeed: One year ago this week, I installed on this page a hit counter supplied by an outfit that goes by the name eXTReMe Tracking. One detail that the counter keeps track of is from where in the world "How Appealing" is being accessed. You can view the details yourself at this link. I wish I could explain why this blog is so much more popular in Iran than Iraq, and why the blog received twice as many visits from Botswana, Benin, Vanuatu, the Faroe Islands, and Cuba as it received from Uganda, Cambodia, Zimbabwe, Fiji, and Saint Vincent and the Grenadines. In any event, to my readers from Brunei Darussalam and across the globe, welcome! Posted at 19:21 by Howard Bashman "Court Web site easy pickings for ID thieves": This article appears today in The Pittsburgh Post-Gazette. Posted at 19:13 by Howard Bashman More bloggers react to yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit rejecting a constitutional challenge to an Alabama law prohibiting the sale of sex toys: "thus blogged anderson" offers this "analysis and invective." "Wonkette" has a post titled "Crimson Cry: Court OKs Alabama ban on Sex Toys." "ledge of liberty" has a post titled "Alabama: Dildo-free zone." "Rogue Slayer Law Student Movie Fan" provides a post titled "Sex Toys in Alabama: Own, Use, Give - But Don't Sell." "Random Mentality" offers what it describes as "Another long legal post." "Clayton Cramer's BLOG" offers a defense of the ruling in a post titled "Dumb Doesn't Mean Unconstitutional." Finally, two sites that are probably NOT work safe: "LaFesse," a blog for adults who are "into consensual spanking," offers a post titled "Come right on in"; and "Fleshbot" offers a post titled "Alabama Sex Toy Ban." My earlier coverage of this ruling can be accessed via this post, in which I previously collected some other bloggers' reactions to the ruling. Posted at 18:43 by Howard Bashman "Court lets Goodyear documents stay secret; Papers on tire defect never filed in court": The Newark Star-Ledger today contains an article that begins, "Goodyear Co. documents concerning allegedly defective tires will remain secret even though a trial judge had said making the reports public might save lives, the state Supreme Court ruled yesterday." You can access yesterday's ruling of the Supreme Court of New Jersey at this link. Posted at 16:21 by Howard Bashman Today's rulings of note from the U.S. Court of Appeals for the Federal Circuit: A patent dispute over pet food that's crunchy on the outside but chewy on the inside is the subject of one of today's rulings of note. The court's ruling in Mars, Inc. v. H.J. Heinz Company, L.P., concludes: For the reasons explained above, we conclude that: (1) "ingredients" as used in the phrase "a mixture of lipid and solid ingredients" refers to the components of the inner core at any time after they have been mixed together, and (2) the phrase "containing a mixture" is open-ended. Thus, the claim language, "containing a mixture of lipid and solid ingredients," does not exclude the presence of additional, unnamed ingredients in the inner core mixture that are neither lipids or solids. Since genuine issues remain as to infringement under this construction, we vacate the district court's grant of summary judgment of non-infringement and non-infringement under the doctrine of equivalents and remand for further consideration.In today's other ruling of note, the Federal Circuit reverses a ruling by former U.S. District Judge Franklin S. Van Antwerpen, who very recently joined the U.S. Court of Appeals for the Third Circuit. For reasons that defy logic, the Federal Circuit's ruling in this matter (which contains a wonderful drawing of a large construction vehicle) is downloadable only as an "exe" file, via this link. The "exe" file, if you treat it properly, will unzip into a Microsoft Word file that you can save to your computer's hard drive. And some people wonder why I don't report on Federal Circuit rulings more often.... Posted at 15:54 by Howard Bashman "Major victory very sweet after 30 years as lawyer": This article, about a lawyer who achieved what is described as the Nation's third-largest consumer antitrust settlement with Microsoft, appears today in the Arizona Business Gazette. Posted at 15:51 by Howard Bashman "Clinic-protest ordinance targeted; Abortion foes call it unconstitutional; judge says it's at least flawed": The Sacramento Bee today contains an article that begins, "While stopping short of labeling as unconstitutional Sacramento's new ordinance protecting abortion clinic patrons, U.S. District Judge Frank C. Damrell Jr. described it Wednesday with phrases like 'nonsensical,' 'poorly drafted,' 'not well thought out' and 'lacks logic.'" Posted at 14:45 by Howard Bashman U.S. Court of Appeals for the Third Circuit holds unconstitutional a Pennsylvania law that prohibits college newspapers from publishing advertisements promoting the sale of alcoholic beverages: You can access today's ruling, written by Circuit Judge Samuel A. Alito, Jr. on behalf of a unanimous three-judge panel, at this link. Today's ruling overturns a federal trial court's decision that had upheld the law as constitutional. It is interesting to note that earlier in the case, the student newspaper sought a preliminary injunction against the law, which the trial court denied. The student newspaper then appealed that denial to the Third Circuit, which affirmed based on the conclusion -- reached by an entirely different three-judge panel -- that the student newspaper had failed to establish a likelihood of success on the merits of its claim. You can access that earlier Third Circuit ruling, from June 2000, at this link. Today's ruling discusses why the earlier panel's decision does not prohibit the second panel from holding that the newspaper does in fact deserve to prevail on the merits of its First Amendment challenge to the law. Posted at 13:35 by Howard Bashman State of the Ninth Circuit: Chief Judge Mary M. Schroeder delivered this speech last week at the 2004 Judicial Conference of the U.S. Court of Appeals for the Ninth Circuit, held in Monterey, California. Posted at 13:24 by Howard Bashman Bloggers react to yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit rejecting a constitutional challenge to an Alabama law prohibiting the sale of sex toys: "Boing Boing" offers a post titled "Sex toys still banned in Alabama, guns okay." "InstaPundit" offers a post titled "Dumb Alabama sex toy law upheld." The "meta-roj blog" offers a post titled "no sex toy sales in alabama." "Abstract Appeal" has a post titled "Eleventh Circuit: No Constitutional Right To Sell Sexual Devices." And "Southern Appeal" notes the ruling in a post you can access here. I first noted yesterday's ruling in this post, and since then I have linked to news coverage of the ruling here and here. Posted at 12:00 by Howard Bashman The Washington Post is reporting: Today's newspaper reports that "White House Considers Role in Wine Case; Supreme Court Dispute Over Internet Sales Ban Splits Bush's Political Allies." In other news, "Fairfax Rebuts Argument by Sniper Defense; Horan Can Try Muhammad, Deputy Prosecutor Contends." An article reports that "Florida Again Faces Disputes Over Elections; Recounts, Missing Records Debated." And in other news, "Sex Assault Victims Can Speak Out On Campus." Posted at 10:50 by Howard Bashman Enemy combatant news: The Charleston Post and Courier reports today that "Justice to let al-Marri meet with lawyers; 'Enemy combatant' held at Navy brig." In other news, The New York Times reports today that "Parents of American Detained Without Charge by Saudis Sue U.S." The Washington Post reports that "Va. Couple File Lawsuit to Free Their Son Held in Saudi Arabia." The Baltimore Sun reports that "Va. man languishes in Saudi prison; Family sues U.S. officials seeking return of student held more than a year." The St. Louis Post-Dispatch reports today that "U.S. keeps silent on American's detention by Saudis" and reported yesterday that "Detainee's family hopes suit forces U.S. action." Anne Gearan of The Associated Press reports that "Parents Sue Over American Held by Saudis." And Reuters reports that "Parents Sue Over U.S. Citizen Held in Saudi Arabia." Posted at 10:30 by Howard Bashman "Name of Bryant Case Accuser Is Again Mistakenly Released": This article appears today in The New York Times. The Washington Post reports that "Court Staff Errs Again in Bryant Case." The Los Angeles Times reports that "Bryant Case Has New Error; Judge's order mistakenly posted on website refers to DNA evidence that experts say could benefit Laker star." The Rocky Mountain News today reports that "DNA may aid Bryant case; Finding, mistakenly posted on Web site, could bolster defense" and "County court goofs again by listing woman's name." The Denver Post reports that "Court errs again, posts evidence in Bryant case" and publishes items headlined "Court statement about mistake" and "Statement from accuser's attorney." The Associated Press reports that "Sealed Bryant Filing Mistakenly Posted." And Reuters reports that "Colorado Court Identifies Bryant Accuser -- Again." Of course, as recently noted here, even federal appellate courts from time to time accidentally post the wrong file online. Posted at 09:53 by Howard Bashman "Retired judge to join law firm of adviser in asbestos cases": The Newark Star-Ledger today contains an article that begins, "The federal court judge who was removed from three major asbestos bankruptcy cases earlier this year will join the law firm of one of the controversial advisers he brought into the issue, officials said yesterday." And The Associated Press reports that "Ex-Judge to Join Asbestos Adviser Law Firm." Posted at 09:42 by Howard Bashman Available today from National Review Online: Timothy P. Carney has an essay entitled "Silence on the Bench: Activists are motivated by the Supreme Court; Why isn't it a podium priority?" And Father Robert Sirico has an essay entitled "Liability Matters: Trial lawyers undermine personal responsibility -- the basis of our liberty." Posted at 09:31 by Howard Bashman "While everyone's crossing swords over the county seal...": Ted Snyder has an op-ed today in The Pasadena Star News that begins, "If you think the battle over a small cross on the Los Angeles County seal ended with the most recent vote of the Board of Supervisors, you're underestimating the passions of the combatants in this flap." Posted at 08:23 by Howard Bashman "Court asked to reconsider ban on Commandments": The Associated Press reports here that "Activists asked a federal appeals court Wednesday to reconsider its ruling forbidding the display of the Ten Commandments in an Ohio judge's courtroom." It appears that The AP is using the term "activists" to refer to the American Center for Law and Justice, which yesterday issued a press release entitled "ACLJ Asks Appeals Court to Reconsider Decision Declaring Ten Commandments Poster in Courtroom of Ohio Judge Unconstitutional." You can access the petition for rehearing en banc filed yesterday in the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 08:16 by Howard Bashman Available online from law.com: Jonathan Ringel reports that "11th Circuit Nixes Sex Toys, Sex Rights; Court again splits over extent of bedroom privacy." And in other news, "Convictions Upheld in Light of 'Crawford' Ruling." Posted at 07:05 by Howard Bashman "Judge Pryor ends up in witness chair": The Associated Press reports here that "U.S. Circuit Judge Bill Pryor ended up in an unusual position Wednesday -- in the witness chair in a federal courtroom." Posted at 07:00 by Howard Bashman "Judges split over sentencing guidelines; Supreme Court muddles rules": This article appears today in The Boston Globe. The Seattle Times reports today that "Court ruling's fallout may jar federal system." The Portland Press Herald reports today that "U.S. Supreme Court asked to hear Maine case." The Belleville News-Democrat reports today that "Judge won't use federal guidelines." The Pawtucket Times reports today that "Wire fraud trial date postponed." And The Los Angeles Times today contains an editorial entitled "Judges in Shackles." Posted at 06:45 by Howard Bashman Wednesday, July 28, 2004
In other news from The AP: From Michigan comes news that "Fieger says he will file complaint against four Supreme Court justices." And from Colorado, "Sealed Bryant Filing Mistakenly Posted."
Posted at 20:50 by Howard Bashman
"Defense lawyers say Supreme Court should not rush a ruling on federal sentencing rules": Anne Gearan of The Associated Press provides this report. You can access today's court filings via this link at the blog "Sentencing Law and Policy." Posted at 20:46 by Howard Bashman "11th Circuit upholds Alabama sex toy ban": The Associated Press provides this coverage of a ruling that I earlier reported on here. Posted at 20:43 by Howard Bashman "A terror ruling's impact on refugees; The Supreme Court's ruling on Guantanamo detainees may have implications for Haitian and Cuban refugees": Warren Richey will have this article in Thursday's issue of The Christian Science Monitor. Posted at 17:57 by Howard Bashman "Administration picks disgraced judge for Homeland Security": The Associated Press reports here that "A key overseer of the Bush administration's unsuccessful efforts to create a more comprehensive screening process for airline passengers resigned in disgrace four years ago from the New Hampshire Supreme Court to avoid prosecution over his conduct on the bench. W. Stephen Thayer III, who left New Hampshire's high court in 2000 under a deal with prosecutors, is now serving as deputy chief of the Transportation Security Administration's Office of National Risk Assessment." The close of The AP's article contains a link to a Report of the Attorney General of New Hampshire entitled "In re: W. Stephen Thayer, III and Related Matters." Back in 2000, The Portsmouth Herald provided intensive coverage of this matter, and you can read much of that newspaper's coverage from a list of articles accessible at this link. Posted at 17:56 by Howard Bashman "Dismissed in Boston: Why won't the Democrats talk about judges?" Slate has just posted online this essay by Dahlia Lithwick. Posted at 16:17 by Howard Bashman BREAKING NEWS -- Divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit upholds constitutionality of Alabama law prohibiting the sale of sex toys: You can access today's ruling at this link. The majority opinion, written by Circuit Judge Stanley F. Birch, Jr., and in which Senior Circuit Judge James C. Hill has joined, begins: In this case, the American Civil Liberties Union ("ACLU") invites us to add a new right to the current catalogue of fundamental rights under the Constitution: a right to sexual privacy. It further asks us to declare Alabama's statute prohibiting the sale of "sex toys" to be an impermissible burden on this right. Alabama responds that the statute exercises a time-honored use of state police power--restricting the sale of sex. We are compelled to agree with Alabama and must decline the ACLU's invitation.Circuit Judge Rosemary Barkett dissents in an opinion that concludes: For all the reasons explicated above, Alabama's statute should be invalidated because it violates a substantive due process right of adults to engage in private consensual sexual activity and because the state's reliance on public morality fails to provide even a rational basis for its law. Ignoring Lawrence, the majority turns a reluctance to expand substantive due process into a stubborn unwillingness to consider relevant Supreme Court authority. I dissent.You can access the trial court's ruling, which had declared this Alabama law unconstitutional, at this link. Back in September 2003, I published two quite different accounts of the oral argument of this appeal, and you can access them here and here. Judge Birch, the author of today's majority opinion, also wrote the majority opinion issued on behalf of a divided panel in January 2004 that upheld as constitutional a Florida law prohibiting practicing homosexuals from adopting children. The Eleventh Circuit denied rehearing en banc in that case one week ago by the evenly divided vote of 6-6, as I previously reported here. Judge Birch was the October 2003 interviewee in this blog's "20 questions for the appellate judge" feature; you can access his interview at this link. Posted at 14:47 by Howard Bashman "Detainee still denied meeting with lawyer": The Charleston Post and Courier yesterday contained an article that begins, "The Bush administration has refused to allow one of the lesser known 'enemy combatants' in the Navy's brig in Hanahan to meet with his lawyers, even though the U.S. Supreme Court ruled last month that terrorism detainees 'unquestionably' have the right to see their attorneys." Posted at 12:26 by Howard Bashman "The Ninth Circuit Gets One Right": Blogger John Rosenberg has this to say about yesterday's ruling in the Seattle schools' racial tiebreaker case. Posted at 12:02 by Howard Bashman Blakely-related humor with Miranda overtones: Last night, in a post you can access here, I wrote: State of Washington asks U.S. Supreme Court to rehear Blakely case: Details on the petition for rehearing are available here at the blog "Sentencing Law and Policy."This morning, in response to that post, a reader emails: Love everything you do, even (or, especially) the family baseball accounts.You can find out exactly what this reader is referring to here and here in Justice David H. Souter's opinion announcing the judgment of the Court in Missouri v. Seibert. Posted at 11:49 by Howard Bashman "US abortion fight set to escalate": BBC News offers this report. Posted at 10:37 by Howard Bashman Even more Church vs. State news from here and there: The Charlotte Observer reports today that "Towns advised to keep Jesus out of prayers; Federal appeals court says they can't open meetings invoking Christ." The Georgetown Times of South Carolina today contains an article headlined "Let's pray: Local officials to continue practice." And The Richmond Times-Dispatch reports today that "Council member offers no prayer; Fredericksburg preacher's decision forestalls suit threatened by ACLU." Meanwhile, across the country, in news pertaining to the Mt. Soledad cross, The San Diego Union-Tribune reports today that "New Mt. Soledad sale up to voters; City Council orders Nov. vote on the sale of Mt. Soledad land." Posted at 10:31 by Howard Bashman "Upheld, but unjustified": The Palm Beach Post today contains an editorial that begins, "Florida's uniquely bigoted ban on homosexuals adopting hard-to-place children remains law only because the 11th U.S. Circuit Court of Appeals deadlocked 6-6 last week in ruling on a challenge to the law that the Legislature passed 27 years ago during a period of homophobic frenzy." Posted at 10:29 by Howard Bashman "Judge to release edited transcript; Bryant case hearing to be made partially public; media reps say it's 'no victory'": The Rocky Mountain News contains this article today. The Denver Post reports that "Edited transcripts ordered in Kobe case; Justice says release may appease media; Judge Terry Ruckriegle wants transcripts of closed-door hearings made available with some information removed." And The Los Angeles Times reports that "Judge Seeks Edits of Transcripts; Both sides in Bryant case asked to help on version of hearing details in effort to resolve dispute." Posted at 10:24 by Howard Bashman "Marriage ban unfair, gays argue; Legal challenge to state law begins in Seattle courtroom": This article appears today in The Seattle Post-Intelligencer. And The Seattle Times reports today that "Superior Court hears argument for gay couples' right to wed." Posted at 10:21 by Howard Bashman "Group Plans to Challenge Law on Blackout Period for Ads": The New York Times today contains an article that begins, "In the first major challenge to the new campaign finance law's restrictions on political advertising around elections, a Milwaukee group opposed to abortion rights plans to seek an injunction on Wednesday that would let it run radio and television spots during a time the law prohibits." And The Milwaukee Journal Sentinel reports today that "Group opposes campaign limits; Right to Life fights ad constraints set by McCain-Feingold." Posted at 10:19 by Howard Bashman "Woman set to keep fighting obscenity law": The Fort Worth Star-Telegram today contains an article that begins, "Misdemeanor charges against her have been dropped, but the woman who was accused of illegally selling sex toys said she plans to keep fighting to change the Texas law under which she was charged with obscenity." Posted at 10:14 by Howard Bashman "Both sides say court future up to voters": The Boston Globe contains this article today. Posted at 09:51 by Howard Bashman "Girls prep seasons unfair, court rules; State athletic group may appeal bias case; basketball, volleyball could change next year": This article appears today in The Detroit News, which also contains a related article headlined "Sports parents fear schedule shift will bring headaches; But others are happy their daughters can vie for scholarships." And The Detroit News reports that "Ruling targets girls sports; Mich. schools' schedules aren't fair, court says." Posted at 07:09 by Howard Bashman "MB leaders will keep praying at meetings; Officials bristle at Circuit Court ruling against some prayer": The Sun News of Myrtle Beach, South Carolina contains this article today. An article published yesterday in The South Florida Sun-Sentinel was headlined "Got a bid for the 10 Commandments?" And columnist Joseph Perkins of The San Diego Union-Tribune last Friday had an op-ed entitled "Religion in the public square." Posted at 07:02 by Howard Bashman "Court rejects racial tiebreaker; Appeals panel rules out its use by Seattle schools for admissions": This article appears today in The Seattle Post-Intelligencer. And The Seattle Times reports that "Seattle schools' racial tiebreaker ruled improper." Posted at 06:56 by Howard Bashman "I'll make the call: Judge says she'll ignore fed sentencing guidelines." This article appears today in The Boston Herald. From North Dakota, The Associated Press reports that "Ruling creating a 'muddied mess.'" The Providence Journal reports today that "Lincoln Park corruption trial delayed; A recent Supreme Court ruling in an unrelated case means a superseding indictment may be necessary in the racetrack case." And The Cincinnati Enquirer reports today that "Drug dealer to battle sentence." Posted at 06:47 by Howard Bashman Tuesday, July 27, 2004
The Los Angeles Times is reporting: An article headlined "Cheney Takes Western Jaunt; He talks up Bush's policies on stops in Oregon, Washington; He heads to California today, including visit to Camp Pendleton" mentions the U.S. Court of Appeals for the Ninth Circuit several times. And in other news, "Ruling Doesn't Deter Prosecutors; D.A.'s office says it didn't waver after judge's order to allow accuser's sexual history in Bryant's trial."
Posted at 23:44 by Howard Bashman
"America's most interesting legal magazine for people who aren't lawyers": That's what The Washington Post has to say today about Legal Affairs in an article headlined "A Troubling Solution for Teens in Trouble." Posted at 23:22 by Howard Bashman State of Washington asks U.S. Supreme Court to rehear Blakely case: Details on the petition for rehearing are available here at the blog "Sentencing Law and Policy." Meanwhile, from Missouri, The Rolla Daily News reports today that "Blakley finishes second at the Show-Me State Games." Posted at 22:23 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "9th Circuit again bars racial tiebreaker in Seattle schools" and "Arrest of Mo. Abortion Protesters Upheld." Posted at 22:19 by Howard Bashman Available online from law.com: An article reports that "9th Circuit Strikes Diversity Program." In other news, "Calif. Supremes Void Death Sentence Over Mitigation Issue." And an article reports that "Contractors Face New Suit Over Abu Ghraib Abuse Claims; Law firms bring suit on behalf of four prisoners, one widow who allege torture." Posted at 22:09 by Howard Bashman The Judicial Council for the District of Columbia Circuit upholds dismissal of law professor's assertions of judicial misconduct against federal district judge assigned to Indian Trust litigation: You can access the Judicial Council's decision via this link, and the 37-page response of U.S. District Judge Royce C. Lamberth to the judicial misconduct complaint filed by Law Professor Richard J. Pierce, Jr. can be viewed at this link. Both of these documents were posted online last Friday at the Web site devoted to the Indian Trust litigation known as Cobell v. Norton. Relatedly, you can access online at this link via SSRN an abstract of Professor Pierce's article entitled "Judge Lamberth's Reign of Terror at the Department of Interior." Posted at 17:58 by Howard Bashman Access online the ruling of the U.S. District Court for the District of Kan |