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Tuesday, August 31, 2004
"Commonwealth Court bars Nader from Pennsylvania ballot": This article appears today in The Pittsburgh Post-Gazette. And The Philadelphia Inquirer reports that "Pa. court keeps Nader off ballot; A three-judge panel said he broke the law by filing as an independent here and with the Reform Party in Michigan." You can access yesterday's ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 23:08 by Howard Bashman
"Terri Schiavo Law Tested in State's High Court": This evening's broadcast of NPR's "All Things Considered" included this segment (Real Player required). Posted at 21:46 by Howard Bashman Auction price for Chief Justice Rehnquist bobblehead doll is now $232.50: You can access the eBay listing here. The auction will conclude tomorrow morning. More details are available in this earlier post. Posted at 21:31 by Howard Bashman Attention NFL.com readers: My interview with Seventh Circuit Judge Frank H. Easterbrook can be accessed at this link. Posted at 21:28 by Howard Bashman "Kansas Supreme Court Hears Appeal of Gay Teen Sentenced to 17 Years in Prison": The American Civil Liberties Union issued this press release today. Earlier, in a press release entitled "ACLU Asks Kansas Supreme Court to Drop 17-Year Prison Sentence of Gay Teenager," the ACLU wrote that "In a brief filed today, the American Civil Liberties Union asked the Kansas Supreme Court to reverse a 17-year conviction for a teenager who would have only had to serve 15 months if he were heterosexual." Posted at 21:25 by Howard Bashman "Justices hear Schiavo case; The Florida Supreme Court heard arguments on whether Terri's Law, which allowed Gov. Jeb Bush to keep Terri Schiavo alive, is constitutional; Several justices expressed doubts": Wednesday's edition of The Miami Herald will contain this article. Posted at 21:14 by Howard Bashman "Historians Discover Children's Menu On Back Of U.S. Constitution": This article appears in tomorrow's issue of The Onion. Posted at 21:07 by Howard Bashman What the Eleventh Circuit did while I was on vacation: Last week, the U.S. Court of Appeals for the Eleventh Circuit issued at least three rulings of note. Circuit Judge Ed Carnes, who's both a very nice guy and quite a good writer, issued a thirty-page decision discussing when that court will agree to allow an interlocutory appeal by permission under 28 U.S.C. sec. 1292(b). The opinion also makes mention of a plaintiff named Stiffler, although apparently the opinion contains no mention of Stiffler's Mom. Circuit Judge Stanley F. Birch, Jr., who within the past several months has been the author of two decisions involving somewhat controversial subjects, issued an opinion that begins, "The outcome of this appeal hinges on complicated issues of federal subject matter jurisdiction, one of which is an issue of first impression in this circuit: whether a state-law claim alleging conversion of an idea is completely preempted by § 301 of the Copyright Act." The idea in question, by the way, was "to create an Internet-based bank that would cater to the gay and lesbian community." The bank, however, presumably was agnostic concerning whether its customers used sex toys. Finally, Circuit Judge William H. Pryor, Jr. issued an opinion that rules in favor of an illegal alien. Take that, purveyors of the filibuster! Posted at 17:52 by Howard Bashman "Court won't allow search warrants for less than four ounces of marijuana; Attorney General Renkes says he fears ruling will put an end to effective probes of pot-growing cases": The AP provides this report on a ruling that the Court of Appeals of Alaska issued last Friday. Posted at 17:30 by Howard Bashman "Deputy AG: Promoting traditional roles justifies sentence." In news from Kansas, The Associated Press reports here that "Promoting traditional sexual roles to teenagers is enough to justify a longer prison sentence for illegal sex with a minor when it involves homosexual acts, a state official told the Kansas Supreme Court on Tuesday." The article goes on to explain that "[Deputy Attorney General Jared] Maag was defending the sentence of more than 17 years in prison for Matthew R. Limon, convicted of criminal sodomy for having sex at the age of 18 with a 14-year-old boy in 2000. Had Limon's conduct involved a girl, he could have been sentenced to one year and three months in prison." Posted at 17:19 by Howard Bashman "Fight Over Woman's Life Heard in Florida Supreme Court": Reuters provides this report. Posted at 17:18 by Howard Bashman In news from Kenya: The Daily Nation of Nairobi reports in Wednesday's issue that "Study Questions Lawyers' Integrity." Posted at 17:14 by Howard Bashman Hail to the Bobble Chief! A reader who does a mighty fine job monitoring eBay for the auction of Green Bag-issued bobblehead dolls advises that the Chief Justice William H. Rehnquist bobblehead doll is the subject of an auction that will end tomorrow morning. Right now the current bid is a mere $110. Last July, a Bobble Chief sold on eBay for $320. No share of the proceeds benefits me, and no bobblehead dolls were harmed in the filming of this blog post. Posted at 17:03 by Howard Bashman The Green Bag corrects its annotation for the Justice Sandra Day O'Connor bobblehead doll: The amended annotation, corrected to fix an error that a "How Appealing" reader pointed out here yesterday, can be viewed at this link. Thus, to answer the question posed in the title of yesterday's post pointing out the error, Justice Souter isn't chopped liver after all. By email, The Green Bag's editor in chief has graciously thanked "How Appealing" and the particular reader who noted the error for bringing the mistake to that publication's attention. No bobblehead dolls have been awarded, however. Posted at 16:41 by Howard Bashman "Court Hears Case of Brain Damaged Woman": The Associated Press provides this report from Tallahassee, Florida. Posted at 12:41 by Howard Bashman Know your Easterbrook brother: Toward the end of today's installment of his "Tuesday Morning Quarterback" column online at NFL.com, Gregg Easterbrook writes: Indian team name sidelight: see this recent decision by the federal 7th Circuit Court of Appeals concerning the University of Illinois' use of Chief Illiniwek as a sports figure. Legally the case turns on the "Pickering/Connick test," and of course you know what that is, right? The court decision cites cool college sports nicknames such as the University of Evansville Purple Aces. It contain important statistics, including that the most common college sports nickname is Eagles (56 schools), followed by Bulldogs (40) and Wildcats (33). Golden is the most common nickname adjective, with 15 colleges being Golden Eagles, others Golden Seals or Golden Suns. What team would want to be the Yellow Suns, anyway? But the really interesting part of the decision is that its author, federal appellate judge Terry Evans, is a serious Packers fan who attends games and once tried on a cheesehead in the gift shop of the Green Bay Hall of Fame at Lambeau Field. Judge Evans, you have your priorities in order! (Here is the "authentic" cheesehead as sold by the Packers for $17.95. Accept no inauthentic cheeseheads!)For the record, it was a blurb on law.com that inaccurately identified Gregg Easterbrook as a judge serving on the U.S. Court of Appeals for the Sixth Circuit, when in fact the Michigan-related standstill has all but doomed his nomination to that court. And Gregg's direct link to my interview with his brother is broken, because it contains a dreaded blank space where no blank space should be. (I removed the blank space in adding the link into the quote reproduced above.) Those seeking to access my August 2004 "20 questions for the appellate judge" interview with Seventh Circuit Judge Frank H. Easterbrook can do so by clicking here. Posted at 12:27 by Howard Bashman According to Steve Martin, the excuse remains valid for non-payment of taxes: In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Forgetting is ruled no excuse; Sex offenders who blank out face '3-strikes.'" And The Metropolitan News-Enterprise reports that "State Supreme Court Rules: Forgetfulness No Defense to Sex Offender Registration Charge." You can access yesterday's ruling of the Supreme Court of California, in which Justice Janice Rogers Brown wrote the majority opinion, at this link. For an appellate court's reference to the Steve Martin routine in question, see footnote one of Ninth Circuit Judge Sidney R. Thomas's opinion for the court in Shackleford v. United States. Posted at 11:56 by Howard Bashman "Judicial Appointments Likely to be Convention Issue": CBN News provides this report. Posted at 11:40 by Howard Bashman "Fla. High Court Weighs Terri Schiavo Case": Today's broadcast of NPR's "Morning Edition" included this report (Real Player required). Posted at 09:40 by Howard Bashman "Sex Accuser of McGreevey Won't File Suit": This article appears today in The New York Times. Posted at 07:25 by Howard Bashman In news from Montana: The Great Falls Tribune reports today that "Affable Warner runs unopposed for high court." Posted at 07:19 by Howard Bashman "Judge Pickering in Meridian": WTOK-TV reports here that "During [Judge Pickering's] speech one of the obvious topics was the controversy leading up to Judge Pickering's ultimate appointment to the 5th Circuit Court of Appeals in New Orleans." Posted at 07:17 by Howard Bashman Supreme Court of Connecticut decides case implicating scope of that State's "rape shield" law: The Hartford Courant reports today that "New Trial Ordered In Sex Assault Case." You can access yesterday's ruling by Connecticut's highest court at this link. Posted at 07:15 by Howard Bashman Legality of "Terri's Law" to be argued today in the Supreme Court of Florida: The Tallahassee Democrat today contains an article headlined "A place between life and death; Debaters and court tackle 'Terri's Law.'" The Miami Herald reports that "Court opens Schiavo case today; The Florida Supreme Court hears arguments today on whether Terri's Law, which allowed Gov. Jeb Bush to order that a severely brain-damaged woman be kept alive, is unconstitutional." And The Palm Beach Post reports that "Battle over feeding tube heads to state's top court." C-SPAN2 is scheduled to broadcast the oral argument live at 9 a.m. eastern time today. Posted at 07:05 by Howard Bashman "Commandments supporter dies": The Montgomery Advertiser reports here today that "A wheelchair-bound woman who gained national attention when she was arrested while protesting the removal of Roy Moore's Ten Commandments monument died Saturday." Posted at 07:04 by Howard Bashman In news from Canada: The Toronto Star reports today that "Cotler ponders judicial reforms; Seeks new process for choosing top judges; Ad hoc process like a pilot project, minister says." Posted at 07:03 by Howard Bashman "Appeals court postpones Hamdi case; Norfolk ruling could end wrangling over U.S. citizen captured in Afghanistan": This article appears today in The Richmond Times-Dispatch. And The Washington Post reports that "Talks Continue in Hamdi Case; Ruling Means Combatant May Soon Be Released." Posted at 07:00 by Howard Bashman "U. links gun ban, academic freedom; Before high court: The state says there is no such autonomy on campus." The Salt Lake Tribune contains this article today, while The Deseret Morning News reports that "U. fears fallout on gun ban; School making argument before Utah's high court." Posted at 06:59 by Howard Bashman "2nd Trial Of Sniper Is Ruled Lawful; Judge in Fairfax Rejects Claim Of Double Jeopardy": This article appears today in The Washington Post. The Richmond Times-Dispatch reports today that "Judge won't block Muhammad trial; Defense claims tossed; sniper trial in Fairfax killing appears likely." And The Baltimore Sun reports today that "Sniper's lawyers lose bid to prevent 2nd capital trial; Double jeopardy does not apply, Virginia judge rules." Posted at 06:56 by Howard Bashman In news from Louisiana: The Times-Picayune reports today that "Appeals court reinstates marriage amendment vote; Gay rights group's suit called premature." And The Advocate of Baton Rouge reports that "Appeals court OKs gay-marriage vote." Posted at 06:55 by Howard Bashman Monday, August 30, 2004
"FBI Shift Crimps White-Collar Crime Probes; With more agents moved to anti-terrorism duty, corporate fraud cases are routinely put on hold, prosecutors say": The Los Angeles Times contains this article today.
Posted at 23:52 by Howard Bashman
"Copyright breach": This editorial appears today in The Boston Globe. Posted at 23:50 by Howard Bashman "Tribunal struggles with first hearings; Several missteps raise concerns about future terror suspects' cases": This article appears today in USA Today. Posted at 23:44 by Howard Bashman "Fla. Supremes to Hear Schiavo Right-to-Die Case; Decision to pose high stakes for state law, government": law.com provides this report. Posted at 23:38 by Howard Bashman I'm too sexy for my billboard: The AP reports that "Adult businesses challenge Missouri ban on sexy billboards." In local coverage, The Kansas City Star on Saturday reported that "Billboard law challenged." And The Columbia Daily Tribune reports today that "Sign law promoter confident; State set to defend sexy-billboard ban." (This post's title inspired by the hit song from Right Said Fred.) Posted at 23:27 by Howard Bashman In news from Kansas: The Supreme Court of Kansas today heard oral argument in a case in which a trial court declared unlawful that State's method of funding public schools. In early news coverage, The Topeka Capital-Journal reports that "Supreme Court takes up school finance appeal." The Associated Press reports that "Supreme Court considers constitutionality of school finance system." The Wichita Eagle has an update headlined "School funding: State argues against policy set from the bench." The Kansas City Star reports that "Adequacy of school funding debated." And The Lawrence Journal-World reports that "Kansas Supreme Court hears school finance arguments." Tomorrow, Kansas' highest court will hear oral argument in another controversial case -- State v. Limon. As The Wichita Eagle reports here (third item), that case raises the question whether, in the aftermath of the U.S. Supreme Court's ruling in Lawrence v. Texas, a State may punish the offense of homosexual activity with a minor more harshly than the State punishes the offense of heterosexual activity with a minor. Posted at 23:14 by Howard Bashman "Alcohol comes to college - publications": The Pitt News today contains this report on its recent victory before the U.S. Court of Appeals for the Third Circuit. My earlier report on that ruling can be accessed here. Posted at 23:08 by Howard Bashman "High Court Petitioned on Cable Net Access Rule; FCC Argues Decision May Stifle Innovation": This article will appear in Tuesday's issue of The Washington Post. Posted at 22:43 by Howard Bashman What Yale Law Professor Jack M. Balkin did during his summer vacation: He provides the answer in this post and in posts titled "From the Blackmun Papers: The Day Roe v. Wade was Overruled" and "The Day Roe Was Overruled -- The Prequel." Posted at 19:51 by Howard Bashman "Should the state make life-or-death medical decisions? The case of Terri Schiavo, which the Florida high court hears Tuesday, will help establish procedures in future cases." Warren Richey will have this article in tomorrow's issue of The Christian Science Monitor. Posted at 17:43 by Howard Bashman "Prime Minister announces appointments to the Supreme Court of Canada": The Government of Canada issued this press release today. The Toronto Globe and Mail provides a news update headlined "PM appoints Supreme Court judges." And Canadian Press reports that "New Supreme Court judges formally appointed." Unlike in the United States, where the nomination and confirmation of a Justice to the Supreme Court of the United States is often a difficult and lengthy process, while I was away on vacation last week the Prime Minister of Canada identified and placed onto the Supreme Court of Canada two brand new justices. All in less than a week's time. I hope to provide links to more news coverage of this matter later tonight. Posted at 17:31 by Howard Bashman "'Enemy combatant' case delayed for a month; Appellate court overturns order for Hamdi appearance": CNN.com provides this report. Posted at 17:28 by Howard Bashman "Federal Government Appeals Cable Broadband Ruling to Supreme Court": Reuters provides this report. Posted at 16:33 by Howard Bashman "Justices: Fetus is not a 'person'; Texas high court rules 8-1 the parents of a stillborn baby can't sue hospital." The Houston Chronicle today contains this article reporting on a decision (majority opinion; concurring opinion; dissenting opinion) that the Supreme Court of Texas issued last Friday. In other coverage, The Fort Worth Star-Telegram reported Saturday that "Court rules parents not able to sue." Posted at 16:20 by Howard Bashman Immigration law is complex, but not that complex: While guest-blogging last week at "Lessig Blog," Seventh Circuit Judge Richard A. Posner was still busy with his day job, as this opinion and this rather interesting amendment thereto reveal. Posted at 16:04 by Howard Bashman "On Appeal, Anti-Nazi Groups Topple Yahoo; Dissent would have granted jurisdiction": Jeff Chorney of law.com provides this report on a ruling that a divided three-judge Ninth Circuit panel issued last week. Posted at 15:15 by Howard Bashman "You cannot judge the wisdom of the criminal laws enacted by Congress, that is, whether or not there should or should not be a federal law designating certain activity as criminal." Last Wednesday, the U.S. Court of Appeals for the Ninth Circuit granted rehearing en banc to determine whether that passage from the model grand jury charge recommended by the Administrative Office of the United States Courts impermissibly circumscribes the subject matter of the grand jurors' inquiries and deliberations and runs counter to the history of the grand jury institution. The order granting rehearing can be accessed here. As I first reported here, on May 4, 2004 a divided three-judge Ninth Circuit panel upheld the challenged instruction over a dissent by Circuit Judge Alex Kozinski. The dissenting opinion of Ninth Circuit Judge Michael Daly Hawkins in United States v. Marcucci is also relevant to the question on which rehearing en banc has been granted. Based on these developments, grand jury nullification may someday be alive and well in the Ninth Circuit. Posted at 14:41 by Howard Bashman What is Justice Souter, chopped liver? A reader emails: Regarding your recent report of the failed effort to sell the O'Connor bobblehead doll on eBay: perhaps one factor contributing to consumers' lack of interest in the doll is a dislike for false advertising. The Green Bag Web page that describes the bobblehead states that O'Connor is "the only Justice with ... state-court experience." This, of course, is inaccurate. As the Supreme Court's Web site indicates here, Justice Souter served on New Hampshire courts for twelve years, including seven years as a member of the state supreme court.I guess this qualifies as the annotated annotated bobblehead for Justice O'Connor. The full quote to which this reader objects is as follows: [Justice O'Connor] has occupied a unique position on the Court in a number of ways, as the only Justice with legislative experience, with state-court experience, and, for many years, with experience as a woman.By adding a temporal qualification on Justice O'Connor's tenure as the Court's lone female Justice, the description inaccurately suggests that Justice O'Connor's tenure as the only Justice who served as a state court judge is not similarly limited in time. As my reader observes, that suggestion is incorrect. Nor can the passage appropriately be read to say that Justice O'Connor is the only Justice who has these three attributes in combination. Posted at 14:15 by Howard Bashman "Schools can't offer prayers at mandatory staff meetings": The AP offers this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued last week. Posted at 14:01 by Howard Bashman The Associated Press is reporting: Now available online are items headlined "Judge Rejects Bryant Case Media Request" and "Questions Posed to Potential Bryant Jurors." Posted at 13:55 by Howard Bashman "Nepotism in the Federal Judiciary": Apropos my August 2004 appellate column, titled "When Federal Appellate Judges Marry One Another," a reader has drawn to my attention this article by Law Professor Michael E. Solimine of the University of Cincinnati College of Law published at 71 U. Cin. L. Rev. 563 (2002). Posted at 12:01 by Howard Bashman "Florida High Court to Hear Right-To-Die Case": Reuters provides this report. Posted at 12:00 by Howard Bashman En banc Sixth Circuit last week issued opinions in connection with its decision that Blakely v. Washington doesn't invalidate the U.S. Sentencing Guidelines: As previously reported here and elsewhere, on August 13, 2004, the U.S. Court of Appeals for the Sixth Circuit sitting en banc issued an order decreeing that the U.S. Supreme Court's decision in Blakely did not invalidate the federal sentencing guidelines. Last Thursday, the Sixth Circuit issued a majority and dissenting opinion providing the rationale in favor of, and opposed to, its en banc ruling. The court's complete ruling can be accessed here. Circuit Judge Jeffrey S. Sutton wrote the majority opinion, and Circuit Judge Boyce F. Martin, Jr. wrote the dissent. The court's vote was 8-5,* with one senior circuit judge participating (because he sat on the original three-judge panel, whose decision can be accessed here). Law Professor Douglas A. Berman, who I think believes that the opposite result is more defensible, provides analysis of the ruling at his "Sentencing Law and Policy" blog in posts that you can access here, here, and here. ---------------- * This post as originally written misstated that the en banc court's vote was 9-5. The Sixth Circuit's opinion contains the following listing of how the judges voted: SUTTON, J., delivered the opinion of the court, in which BOGGS, C. J., GUY, BATCHELDER, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, JJ., joined. MARTIN, J. (pp. 14-24), delivered a separate dissenting opinion, in which DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined.It seems (to borrow a word from Judge Selya) supererogatory for Judge Sutton to be noted as joining in his own opinion, especially when Judge Martin is not shown as joining in his own opinion. But that's why I originally miscounted the vote of the en banc court. Posted at 11:20 by Howard Bashman The U.S. Court of Appeals for the Eleventh Circuit should hold that William H. Pryor, Jr.'s recess appointment is invalid, Senator Edward M. Kennedy (D-MA) argues in reply brief filed in that court last week: You can view the reply brief online by clicking here. Posted at 10:55 by Howard Bashman "Your vacation almost certainly cost some poor schmuck at least $200": A reader emails: You realize, don't you, that your vacation almost certainly cost some poor schmuck at least $200? The O'Connor bobblehead didn't sell. I expect it would have, had it been posted on your blog earlier in the week and therefore received any attention...Alas, as this reader's email notes, the Justice Sandra Day O'Connor bobblehead doll being auctioned on eBay failed to get sold yesterday because the reserve price of $200 wasn't met. By contrast, back in late July 2003, a Chief Justice William H. Rehnquist bobblehead doll was auctioned on eBay for $320, as originally reported here. Given that there have been tremendous advances in bobblehead technology over the past year, that the Justice O'Connor doll includes hot double bobblehead action, and that the doll depicts Justice O'Connor as she looked many years ago, before she was bonked on the head by a toppled wooden beam at the grand opening of Philadelphia's National Constitution Center in July 2003, I am astonished that the doll failed to sell for more than the Chief's doll, let alone for $200. And while I'm on the subject of bobblehead dolls, in an amazing coincidence, the Orioles-Blue Jays game two Sunday's ago at Baltimore's Oriole Park at Camden Yards -- the baseball game that kicked-off my week-long vacation -- included as a promotional give-away an Earl Weaver-Jim Palmer double bobblehead doll. Baltimore Sun columnist Peter Schmuck (perhaps a distant relation to the person mentioned in my reader's email) had an essay two Sunday's ago entitled "Bobblehead lets Weaver stand tall with Palmer." Posted at 09:51 by Howard Bashman "Rural Colorado Braces for Bryant Trial Media Glare": Today's broadcast of NPR's "Morning Edition" included this segment (Real Player required). Posted at 09:35 by Howard Bashman The Washington Post is reporting: Today's newspaper contains articles headlined: Posted at 07:32 by Howard Bashman In today's edition of The New York Times: The following news articles appear: The newspaper also contains an editorial entitled "Grokster and the Information Exchange." Posted at 07:15 by Howard Bashman "Battle of the Bible gets ugly": This article appears today in The San Antonio Express-News. And The Idaho Statesman reported on Saturday that "Monument vote goes to judge; Boise council asks for second opinion on case." Posted at 07:11 by Howard Bashman "Dissed fish: The strange attraction of snoek." The September 6, 2004 issue of The New Yorker magazine contains this letter from South Africa from Calvin Trillin, whose writings about food are not to be missed. Posted at 07:00 by Howard Bashman "U.S. courts await clarity on sentencing guidelines; Justices to revisit June ruling that caused confusion": This article appeared yesterday in The Chicago Tribune. In related news from Montana, The Great Falls Tribune reports today that "Federal courts, officials reeling." And The Associated Press reports from Missouri that "New sentence sought in diluted drugs case; Pharmacist asks U.S. Supreme Court to throw out 30-year prison term." Posted at 06:50 by Howard Bashman Sunday, August 29, 2004
"3rd Circuit Sees Through 'Ghostwritten' Opinion": law.com's Shannon P. Duffy has this report on a rather interesting ruling that the U.S. Court of Appeals for the Third Circuit issued last week. District Judge Arthur J. Schwab -- my former law partner and once a Third Circuit hopeful himself -- of the U.S. District Court for the Western District of Pennsylvania issued the trial court's ruling in the case.
Posted at 23:35 by Howard Bashman
"Lawrence v. Texas and the military": Lyle Denniston has this post online at "SCOTUSblog" about a long-awaited ruling that the U.S. Court of Appeals for the Armed Forces issued last week in United States v. Marcum, a case in which the defendant sought to raise a constitutional challenge to the Uniform Code of Military Justice's prohibition of consensual sodomy. Under the court of appeals' view of the facts, however, the sodomy at issue was not consensual so as to implicate the Supreme Court's ruling in Lawrence. The New York Times reported on the decision in an article headlined "In Limited Ruling, Court Upholds Military Ban on Sodomy," while The Washington Times reported that "Military's sodomy ruling backs airman's conviction." You can access online comments on the ruling from Phillip Carter, Chris Geidner, and Law Professor Eugene Volokh. Posted at 22:25 by Howard Bashman "The FBI has placed an advertisement in a gun magazine in hopes of reinvigorating a three-year-old investigation into the murder of Tom Wales, a federal prosecutor in Seattle." Last Thursday's broadcast of NPR's "Morning Edition" included a segment entitled "FBI Hopes Gun Magazine Ad Will Finger Killer." The FBI's request for information can be accessed at this link. Posted at 22:19 by Howard Bashman "Govt Report on Judges' Financial Disclosures Pulled Offline": So reported the web site The Memory Hole in this posting from last week. Via third parties, the report remains available here in its original PDF format and here transformed into HTML. Earlier this month I had this lengthy post on the financial disclosure issue, after The Washington Post brought the issue back to public attention by means of an article headlined "U.S. Judges Getting Disclosure Data Deleted; GAO Cites 661 Requests to Withhold Information From Ethics Act Reports." Also worth a look is another, even more recent Memory Hole posting entitled "Justice Department Censors Supreme Court Quote; Offers Smoking Gun Proof That Document Redactions Are Often a Joke." Posted at 17:50 by Howard Bashman "U.S. Court in New York Rejects Partial-Birth Abortion Ban": The New York Times on Friday contained this article reporting on a ruling that the U.S. District Court for the Southern District of New York issued last Thursday. NPR's "All Things Considered" reported that "Federal Judge Deems an Abortion Ban Unconstitutional." (Real Player required). And law.com reported that "Federal Judge Finds Partial-Birth Abortion Act Unconstitutional." Posted at 17:03 by Howard Bashman "Court Backs Rights of Grandparents; With proof that no harm would result, visits with grandchild may be allowed over a custodial parent's objection, the state's top jurists rule": Maura Dolan had this article last Tuesday in The Los Angeles Times reporting on a ruling that the Supreme Court of California issued last Monday. In other coverage, Bob Egelko of The San Francisco Chronicle reported that "Custody ruling backs grandparents' rights." The Metropolitan News-Enterprise reported that "Divided State Supreme Court Rules Statutes on Grandparent Visitation Pass Constitutional Muster." The San Diego Union-Tribune reported that "Grandparents want end to visitation case." And The North County Times reported that "Ruling gives Fallbrook grandparents hope." Posted at 16:53 by Howard Bashman "Supreme Court won't revisit ruling on Pledge of Allegiance; 'Under God' stays -- Newdow says he will try again": Bob Egelko had this article in last Tuesday's issue of The San Francisco Chronicle. And The Washington Times reported that "Justices refuse to reopen Pledge case." In related news, earlier this month The Sacramento Bee published an article headlined "Latest ripple in Pledge of Allegiance case: A documentary." Posted at 16:35 by Howard Bashman "Feds Defend Gay Marriage Ban in Florida": The Associated Press reports here that "The U.S. government has asked a judge to dismiss a lawsuit challenging the 8-year-old federal law that bans gay marriage. Justice Department spokesman Charles Miller said it was the government's first direct legal defense of the Defense of Marriage Act, which defines marriage as the union of one man and one woman and allows states to refuse to recognize gay marriages from other states." Posted at 11:26 by Howard Bashman "Lesbian off hook for child support: SJC rules she doesn't have to pay ex-partner." This article appeared last Thursday in The Boston Herald, which that day also contained an editorial entitled "Another SJC wrinkle on same-sex policy." In other coverage, The Boston Globe reported that "SJC rules against lesbian mother; Ex-partner balked at child support." And The Republican of Springfield, Massachusetts reported that "Gay child support rejected." You can access last Wednesday's ruling of the Supreme Judicial Court of Massachusetts at this link. Posted at 11:20 by Howard Bashman "Court delays order to remove Bible from monument; Last-minute stay is in effect while a county appeal is weighed": This article appeared last Wednesday in The Houston Chronicle. And on Thursday, the newspaper reported that "Mission rejected as party to suit; Star of Hope will appeal the ruling in Bible case." Posted at 11:11 by Howard Bashman "Coming Soon to NY and DC: Revival of GOP's 'Obstructionism' Melodrama." Ralph G. Neas, president of People For the American Way, issued this "edit memo" this past Thursday. Posted at 09:42 by Howard Bashman The Oregonian is reporting: Friday's issue of that newspaper contained articles headlined "Famed lawyer will represent Muslim accused in bombing; Gerry Spence joins the team of Brandon Mayfield, who may sue the United States after being falsely accused in Madrid case" and "Prosecutor who attacked Kerry admits lying to boss; Clackamas County puts Alfred French on leave after he says he misled his supervisor about an extramarital affair." And on Thursday, the newspaper reported that "Critics of prosecutor in ad go to state bar; Two agencies will check whether Alfred French's affidavit against Sen. John Kerry violates legal ethics." Posted at 09:30 by Howard Bashman "Off the Bench": Guest columnist Dahlia Lithwick has this op-ed today in The New York Times. And her op-ed from this past Thursday, entitled "No Smoking Gun," concluded with her first NYTimes correction. Posted at 07:52 by Howard Bashman Seventh Circuit Judge Richard A. Posner reviews the 9/11 Commission's Final Report: Judge Posner's review, which you can access here, has earned the cover of the Sunday Book Review in today's issue of The New York Times. In case you missed it, this past week Judge Posner was guest-blogging at "Lessig Blog." Judge Posner's first guest post can be accessed here, and as of this moment Judge Posner is up to his twenty-fifth post, which can be accessed here. So far, no cat blogging. Posted at 07:37 by Howard Bashman Will a Justice Sandra Day O'Connor bobblehead doll sell for at least $200 on eBay? We will learn the answer to that question later today, when the auction is due to end. You can learn more about the doll at this link. As I reported here on July 30, 2003, a Chief Justice William H. Rehnquist bobblehead doll ended up fetching $320 on eBay on that date. And the Chief's doll didn't even feature hot double-bobblehead action. (Of course, Justice O'Connor's robe lacks gold bars, but you could always paint them on yourself if need be.) Posted at 07:26 by Howard Bashman A wonderful vacation was had by all: A total break from blogging, and from work, is highly recommended at least once a year. Or, put another way, if you can't quit blogging for a week, then how will you ever quit blogging permanently? Posted at 07:15 by Howard Bashman Sunday, August 22, 2004
On vacation: As was the case in 2002 and 2003, this year the last week in August will once again feature a break from blogging. As in previous years, much of the week will be spent in beautiful Margate, New Jersey. Unlike in past years, however, today we will begin the week away by taking in a baseball game at Oriole Park at Camden Yards, where this afternoon the Baltimore Orioles host the Toronto Blue Jays. "How Appealing" will next be updated on Sunday, August 29, 2004. Until then, readers are invited to let me know via email of news and developments that might be worthy of mention upon my return.
Posted at 08:00 by Howard Bashman
Saturday, August 21, 2004
"Double jeopardy claimed in sniper case; Lawyers eye dismissal of charges in second trial for Muhammad": The Richmond Times-Dispatch contains this article today.
Posted at 23:55 by Howard Bashman
"High court race has high interest": This article will appear in Sunday's issue of The St. Louis Post-Dispatch. Posted at 23:54 by Howard Bashman The Pittsburgh Post-Gazette is reporting: Today's newspaper contains articles headlined "Schools cannot require Pledge, court says" and "Post-Gazette joins suit to open Heinz will." Posted at 23:48 by Howard Bashman "Supreme Court nominees to face public hearings; Two vacancies on court must be filled within six weeks": The Canadian Press provides this report. Posted at 23:38 by Howard Bashman On the op-ed page of Sunday's issue of The New York Times: Guest columnist Dahlia Lithwick will have an op-ed entitled "Chipping Away at the Wall." And New Jersey Governor James E. McGreevey will have an op-ed entitled "I Still Have Work to Do." Posted at 21:44 by Howard Bashman "Corruption case unlikely to see 2004 trial date; Conflicts over scheduling, evidence may push court date past Jan. 1 for Supreme Court justice, four others": This article appears today in The Clarion-Ledger of Jackson, Mississippi. And The Biloxi Sun Herald reports today that "Judge probe date mired in argument." Posted at 20:32 by Howard Bashman "Senate-seat initiative back on ballot": The Anchorage Daily News today contains an article that begins, "An initiative requiring that vacancies in Alaska's two U.S. Senate seats be filled only by election is back on the November ballot, the Alaska Supreme Court ordered Friday." Posted at 20:25 by Howard Bashman "Same-sex vote foes win round; Judge rules measure unconstitutional": This article appears today in The Times-Picayune. Posted at 20:20 by Howard Bashman "Boehner Favored in Taped Phone Call Case": The AP provides an article that begins, "A federal judge has sided with Rep. John Boehner, R-Ohio, in his six-year-old lawsuit against Rep. James McDermott, D-Wash., over an illegally recorded phone call." The article reports on a memorandum opinion and order that the U.S. District Court for the District of Columbia issued yesterday. Posted at 20:15 by Howard Bashman In other news from Oklahoma: The Associated Press offers a report headlined "Cherokee Panel: Marriage Means Man, Woman." Posted at 20:09 by Howard Bashman "Judge Accused of Masturbating Resigns": Reuters reported here on Thursday that "An Oklahoma judge facing removal over charges that he masturbated and used a device for enhancing erections under his robes during trials said on Wednesday he would retire from the bench." Back in June 2004, in a post you can access here, I linked to the removal petition filed against the judge by Oklahoma's Attorney General. In local news coverage, The Oklahoman on Thursday contained an article headlined "Under fire, judge to retire." Yesterday, The Oklahoman reported that "Retired judge to get $88,800 a year for life." And today The Oklahoman reports that "Thompson calls claims 'treachery.'" Additional reports from local television stations can be accessed here and here, while the judge's letter of resignation can be viewed here. Posted at 19:45 by Howard Bashman "Rape Counselors See Their Work Altered by Issues in Bryant Case": This article will appear in Sunday's issue of The New York Times. Posted at 19:29 by Howard Bashman In today's edition of The New York Times: An article is headlined "Across New York, a Death Penalty Stuck in Limbo." And in other news, "2 Ex-I.R.S. Lawyers' Licenses Suspended for Misconduct." Posted at 15:23 by Howard Bashman Available online from law.com: An article reports that "Pa.'s Pledge of Allegiance Law Loses Again; 3rd Circuit decision affirms lower court." In other news, "Dances by Graham Held 'Work for Hire' in Ownership Case." And an article is headlined "Gearing Up for Guantanamo." Posted at 08:33 by Howard Bashman Friday, August 20, 2004
"The Marketplace Report: Court Sides with File Swappers." Today's broadcast of NPR's "Day to Day" included this segment (Real Player required). And The AP reports that "Music Piracy Lawsuits Wend Through Courts."
Posted at 17:07 by Howard Bashman
"White House Deals With Detainee Legalities": Anne Gearan of The Associated Press provides this report. Posted at 17:06 by Howard Bashman "Marriage act is upheld in gay couple's bankruptcy": The Seattle Times contains this article today. Posted at 16:33 by Howard Bashman "New evidence claimed in Bible display lawsuit; In its effort to enter the case, mission offers to post disclaimers on the monument": This article appears today in The Houston Chronicle. Posted at 16:30 by Howard Bashman The Washington Post is reporting: Today's newspaper contains articles headlined "U.S. Uses Secret Evidence In Secrecy Fight With ACLU" and "Muhammad Lawyers Cite Double Jeopardy; Defense Asks Judge to Dismiss Fairfax Charges." Posted at 15:54 by Howard Bashman "Phoenix out to ban Web porn in libraries": The Arizona Republic today contains an article that begins, "Phoenix wants to ban library patrons' access to Internet pornography, an action that could put the city at the center of a First Amendment debate." Posted at 15:52 by Howard Bashman "In one term, a legacy of respect; Even his detractors came around during retiring justice's five-year tenure": The Newark Star-Ledger today contains an article that begins, "When he was sworn in at age 40, Peter Verniero became the youngest associate justice ever to serve on the New Jersey Supreme Court. Five years later, he is about to become the youngest ever to retire from the court. Although he arrived mired in controversy over his handling of allegations of State Police racial profiling when he was attorney general, he leaves having converted the doubters who once said he was unfit for the job." Posted at 15:43 by Howard Bashman "Same-sex marriage: Was the federal constitutional issue settled years ago?" Lyle Denniston has this post online at "SCOTUSblog." Posted at 15:24 by Howard Bashman Pennsylvania's regulatory scheme for determining when live bears may be privately owned violates an individual's right to the free exercise of religion: So a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit has held in a decision that you can access here. Circuit Judge Samuel A. Alito, Jr. is the opinion's author. Posted at 14:49 by Howard Bashman In news from the Livestock Marketing Association: Today that organization issued a press release entitled "Harvard University Professor Laurence Tribe Joins LMA Legal Team; Will Argue Checkoff Case Before U.S. Supreme Court." Posted at 14:23 by Howard Bashman "Courtly honor for St. Pete; The senator was honored at the federal courthouse now bearing his name": The Albuquerque Tribune today contains an article that begins, "It only took 32 years, but U.S. Sen. Pete Domenici finally has a building named after him." According to the article, Justice Antonin Scalia was present for the dedication ceremony. Posted at 14:21 by Howard Bashman Today's Ten Commandments news and commentary: The News-Leader of Springfield, Missouri reports today that "Humansville school chief out of a job; Commandments dispute ends with Greg Thompson turning in his keys." And today in The Palm Beach Post, Steve Gushee has an op-ed entitled "Commandments heading down a dangerous path." Posted at 12:42 by Howard Bashman "Supreme stats: What if Supreme Court justices were picked based on their career numbers instead of their politics?" Legal Affairs magazine has gone and posted online the text that accompanies this illustration in the print edition of the publication. Posted at 12:38 by Howard Bashman "U.S. magistrate freezes 27 cases": The Charleston Gazette today contains an article that begins, "A federal magistrate has put on hold 27 civil cases where a convict is trying to get his or her sentence changed in light of a recent U.S. Supreme Court ruling." Posted at 12:24 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Wash. Woman Thrust Into Gay Marriage Fight"; "Official on Leave Over Ten Commandments"; and "Judge Lowers Ford Rollover Victim's Award." Posted at 10:08 by Howard Bashman "Traffic mishap derails top judge; Fails breathalyzer; Chief justice Lemieux to retire from Superior Court": The Montreal Gazette contains this article today. And The Toronto Globe and Mail reports that "Accused of drunk driving, top Quebec judge quits." Posted at 09:46 by Howard Bashman "Judge limits scope of new sex-offender registry law; Law applies only to those convicted after it went into effect": This article appears today in The Tennessean. Posted at 09:44 by Howard Bashman "Appeals judges block mandate to say pledge; A federal panel called the act, which would have also required schools to contact parents of students who refused, a violation": The Philadelphia Inquirer contains this article today. Posted at 09:40 by Howard Bashman "File-Sharing Sites Found Not Liable for Infringement": This article appears today in The New York Times. The Los Angeles Times contains an article headlined "Legal Victory for File Sharing; A U.S. appeals court says software used to swap songs and films online doesn't violate copyright law; It's a setback for the entertainment industry." Bob Egelko of The San Francisco Chronicle reports that "Judge rules Grokster, StreamCast not liable for copyright violations; File-sharing verdict major setback for recording industry." The San Jose Mercury News reports that "Federal appeals court rejects attempt to shut down music file-sharing networks; Grokster and Morpheus not responsible for copyright violations." Newsday reports that "File-sharing firms record a win; A U.S. appeals court says companies aren't liable for copyright infringement; appeal likely from big media." The Tennessean reports that "Peer-to-peer networks win ruling." USA Today reports that "Ruling sets back music industry's piracy battle." The Sydney Morning Herald reports that "Sharman to seek lawful status for Kazaa in US." c|net News.Com reports that "Judges rule file-sharing software legal." Wired News reports that "P2P Services in the Clear." And Slashdot is hosting a discussion entitled "Grokster Wins Big in Ninth Circuit." Posted at 09:19 by Howard Bashman Reuters is reporting: Now available online are articles headlined "Oklahoma City Conspirator Nichols Will Not Appeal" and "Shoe bomber sues over harsh U.S. prison conditions." Posted at 09:07 by Howard Bashman Thursday, August 19, 2004
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