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Thursday, September 30, 2004
"Plan Would Let U.S. Deport Suspects to Nations That Might Torture Them": This article appears today on the front page of The Washington Post.
Posted at 23:16 by Howard Bashman
"Girls Just Wanna Be Swapped: Why post-feminist women enjoy Trading Spouses and Wife Swap." Dahlia Lithwick has this essay online at Slate. Posted at 22:42 by Howard Bashman "Military Recruits at HLS; Dean Kagan expresses strong objection to recruiting on campus": This article appears today in The Harvard Crimson. Posted at 22:27 by Howard Bashman "Supreme Court poised for another term of blockbuster cases": Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 22:12 by Howard Bashman "Wis. Supreme Court rules Nader on the state ballot": The Associated Press provides this report. Posted at 22:05 by Howard Bashman "Supreme Court term gets off to fast start; The justices are set to hear a number of big cases, and their docket may also include any election disputes": Warren Richey will have this article in Friday's issue of The Christian Science Monitor. Posted at 19:55 by Howard Bashman "Supreme Court Preview": Today's broadcast of NPR's "Talk of the Nation" contained this lengthy segment (Real Player required). Posted at 18:51 by Howard Bashman "Supreme Court Job Invigorates Rehnquist": Hope Yen of The Associated Press provides this report. The article is accompanied by a "Biography Box of William H. Rehnquist." Posted at 17:41 by Howard Bashman Newspaper in settlement over destruction of tapes of Justice Antonin Scalia's speech praises the result it obtained: The Hattiesburg American, in addition to the article I noted here yesterday, also yesterday offered an article headlined "Journalists: Agreement important for press, public" and an editorial entitled "Agreement is a victory for press, public." Posted at 17:33 by Howard Bashman The U.S. Supreme Court opts to be master of its eminent domain: The Star-Ledger of Newark, New Jersey reports today that "Land battle in Connecticut could echo through Jersey; U.S. justices to hear eminent domain fight." The Cleveland Plain Dealer reports today that "Panelists discuss eminent domain; Groups examine Lakewood's, others' policies." The Hartford Courant today contains an editorial entitled "Overturn Eminent Domain Case." In The Boston Globe today, Jeff Jacoby has an op-ed entitled "Abusing eminent domain." Finally, in The Chicago Tribune today, Steve Chapman has an op-ed entitled "Confiscating your home for more fun and profit." Posted at 17:17 by Howard Bashman Good news regarding this web log's "20 questions for the appellate judge" feature: I am very pleased to report that there will be an October 2004 installment after all. The interviewee is one of the most recently confirmed judges serving on a U.S. Court of Appeals, and the installment will feature a guest interviewer who somehow managed to ask twenty-three separate questions. I will post the interview online at midnight on Monday, October 4, 2004. Posted at 17:10 by Howard Bashman "Justice defends position on ruling; Davis says politics not involved in writing decision on sex offender": The Charleston (W.Va.) Daily Mail today contains an article that begins, "State Supreme Court Justice Robin Davis says her name and the court's reputation have been dragged through the mud during campaign season debate about a controversial decision that released a convicted sex offender." If I am reading the article correctly, apparently in the West Virginia Supreme Court of Appeals it is not unusual for a dissenting Justice to be assigned to write the majority opinion in addition to his or her dissent. If that is so, it strikes me as quite an unusual manner of proceeding. Posted at 16:59 by Howard Bashman "Ashcroft's Porn Wars Come to Texas": This article appears in the October 1, 2004 issue of The Austin Chronicle. Posted at 16:45 by Howard Bashman "Friends, admirers pay respects to U.S. judge; Mourners fill Trinity Episcopal Cathedral": Yesterday's issue of The Arkansas Democrat-Gazette contained This article. And last Sunday, that newspaper contained a fascinating editorial entitled "A light in the law: Richard Sheppard Arnold, 1936-2004." Posted at 16:13 by Howard Bashman "Sisters recall trials and triumph in landmark racial-equality case": This article appears today in The Grand Rapids Press. Posted at 16:06 by Howard Bashman Soon to be Yaser Esam Hamdi's hometown newspaper no more: The Charleston (S.C.) Post and Courier reports today that "Hamdi still waiting for release from Hanahan brig." Posted at 16:04 by Howard Bashman "Restricting judicial speech": This editorial appears today in The Cincinnati Post. Posted at 15:58 by Howard Bashman "Lawyers warn of NZ court backlog": Friday's edition of The New Zealand Herald contains an article that begins, "New Zealand lawyers are bracing themselves for an enormous court backlog with the departure of three district court judges to Pitcairn Island this week. Auckland judges Charles Blackie, Russell Johnson and Jane Lovell-Smith are working as supreme court judges in the island's sex abuse trial. They are not expected to return until early December." Posted at 15:55 by Howard Bashman "Justice in the Balance: Catholic Lawyers and Scholars Speak out on the Threat to Catholic Values Posed by a Kerry Presidency": A coalition of Catholic lawyers and legal scholars has issued this statement today. Posted at 15:53 by Howard Bashman Ten Commandments news: From Georgia, The Atlanta Journal-Constitution today contains an article headlined "God or history? ACLU is expected to review display." And from Maryland, The Associated Press reports that "Frederick to fence off disputed religious marker." Posted at 15:48 by Howard Bashman "'04 docket includes 3 free-speech cases": Tony Mauro has this article online at the First Amendment Center. Posted at 15:44 by Howard Bashman "Judge won't block gay marriage vote": The Atlanta Journal-Constitution contains this article today. Posted at 15:30 by Howard Bashman "Scalia condemns judicial moralism; Scalia: Morality should be determined by society, not judges." This article appears today in The Harvard Gazette. Posted at 15:25 by Howard Bashman "The desperate pleas we get for extra copies of these bobblehead dolls are both amusing and sad": What better way to announce that an auction of all three U.S. Supreme Court Justice bobblehead dolls that The Green Bag has issued to date is now underway at eBay? The opening bid for what is currently a complete set, consisting of one bobblehead doll each for Chief Justice William H. Rehnquist, Justice John Paul Stevens, and Justice Sandra Day O'Connor, is a mere $50.00. The auction will end one week from today. You can access the eBay listing at this link. Let the wagering of absurd sums of money begin! Posted at 15:19 by Howard Bashman Sharply divided Supreme Court of Florida upholds constitutionality of that State's three-strikes violent felony offender law: You can access today's 4-3 ruling at this link. In early news coverage, The Associated Press reports that "Florida high court upholds 3-strikes law." Posted at 15:11 by Howard Bashman "Future of Supreme Court likely at stake in election": The Scripps Howard News Service provides this report, along with an item headlined "Sentencing reform, civil rights on high court's agenda." Posted at 15:06 by Howard Bashman "Claremont Institute Challenges Removal of the Cross from Los Angeles County Seal": The Claremont Institute issued this press release yesterday, and the complaint itself can be viewed at this link. In news coverage, The Los Angeles Daily News reports today that "Cross removal prompts suit." Posted at 15:02 by Howard Bashman "No-more-babies order toppled; Ohio high court backs father of 7": The Cleveland Plain Dealer contains this article today. And The Toledo Blade contains an article headlined "High court: Judge went too far telling man not to procreate." Posted at 14:37 by Howard Bashman "Man files 2nd appeal in loss of license; Judge erred in ruling, Lebanon driver says": The Patriot-News of Harrisburg, Pennsylvania today contains an article that begins, "A Lebanon man whose driver's license was taken away by the state after he admitted drinking six to 12 beers a night is taking his fight to a higher court." Posted at 14:33 by Howard Bashman View online the order denying rehearing en banc that the U.S. Court of Appeals for the Eleventh Circuit entered in the Alabama sex toys case: I have posted a copy of the order online here. The opinion that a divided three-judge panel issued in July 2004 holding that Alabama's law prohibiting the distribution of sex toys is not unconstitutional can be accessed at this link. Posted at 14:27 by Howard Bashman "Missed Trial: Hamdi's release fits Bush's larger strategy -- Avoid courts at all costs." On Monday, The New Republic posted online this essay by Yonatan Lupu. Posted at 14:20 by Howard Bashman "Starr Emerges as Key Lawyer for N.Y. Times": This article appears today in The New York Sun. Posted at 12:51 by Howard Bashman It's been a while since I reported on the status of the Justice Sandra Day O'Connor bobblehead doll now being auctioned on eBay: The current bid price is $187.50, and the auction doesn't conclude until next Wednesday. Posted at 12:30 by Howard Bashman The Internet declares bankruptcy? I had to do a double-take when I first saw the headlines of this report from Reuters and this report from The Associated Press. What actually seems to be the case is that Intermet has declared bamkruptcy. As always, readers are invited to make up their own jokes about the Internet declaring moral bankruptcy. Posted at 11:05 by Howard Bashman "Court to Drop Veil of Secrecy on Records": Gina Holland of The Associated Press provides this report. Posted at 10:30 by Howard Bashman "The next president could tip high court; Aging, divided bench gives election winner chance to leave legacy": Today Joan Biskupic has this article in USA Today. Posted at 10:24 by Howard Bashman "Judge disarms Patriot Act proviso": Declan McCullagh of c|net News.Com has this report on a ruling (122-page scanned PDF file) that the U.S. District Court for the Southern District of New York issued yesterday. In other coverage, The New York Times reports that "Judge Strikes Down Section of Patriot Act Allowing Secret Subpoenas of Internet Data." The Washington Post reports that "Key Part of Patriot Act Ruled Unconstitutional; Internet Providers' Data at Issue." The Los Angeles Times reports that "Provision of Patriot Act Is Ruled Unconstitutional; A method used to obtain electronic data allows for 'coercive searches,' says a judge, who grants time for an appeal." The Boston Globe reports that "Provision in Patriot Act is rejected; Judge curbs access to phone, Web data." And The Washington Times reports that "Judge strikes down part of Patriot Act." The Knight Ridder Newspapers report that "Federal court strikes down part of Patriot Act." USA Today reports that "Court strikes down Patriot Act provision." And yesterday evening's broadcast of NPR's "All Things Considered" contained a segment entitled "Federal Judge Rules Against Part of Patriot Act" (Real Player required). In coverage from the wire services, The Associated Press reports that "Ashcroft Likely to Appeal Patriot Ruling," and Reuters offers a similar report. Finally, Law Professor Orin Kerr, who knows a thing or two about the Patriot Act and related areas of the law, has two posts (here and here) about the ruling online at "The Volokh Conspiracy." Posted at 10:07 by Howard Bashman "Lead lawyer for Schiavo's parents quits; After more than three years representing them, Pat Anderson says, 'I've done my part shoving that rock up the hill'": This article appears today in The St. Petersburg Times. Posted at 09:57 by Howard Bashman "Condesa Launches Blawg Republic": You can access the press release at this link. To view this new blawg aggregator, simply click here. Speaking of aggregators, readers are invited to join me in asking Google News to add "How Appealing" as one of its sources. Several other blogs have recently been added as Google News sources, and instead of protesting those decisions the least that fans of "How Appealing" can do is request equivalent treatment. To send an email suggesting that "How Appealing" be added as a Google News source, simply write to source-suggestions@google.com. Thanks so very much in advance to those readers who are able to take a moment to send along a request via email to the good folks at Google News. Posted at 09:08 by Howard Bashman "Island chief raped me when I was 11, Pitcairn trial told": The Independent (UK) contains this article today. The Guardian (UK) reports today that "Mayor among accused in Pitcairn rape trial." The Toronto Globe and Mail reports today that "Rape trial grips Pitcairn Island." The Associated Press reports that "Sex Trials Against Pitcairn Men Begin." And Reuters offers a report headlined "Pitcairn Mayor 'Led Rape' on Island-Prosecutor." Posted at 07:04 by Howard Bashman "Lawyers stand up for judge; Attorneys say Martin's critics don't have all the facts on rape case": This article appears today in The Lawrence (Kan.) Journal-World. Posted at 06:57 by Howard Bashman "Upcoming Supreme Court Term Includes Important Cases on Civil Rights, Age and Sex Discrimination, and 'States' Rights' Issues": The organization People For the American Way this week issued this four-page report. Posted at 06:55 by Howard Bashman "The Supreme Court's Excessive Secrecy: Why It Isn't Merited." FindLaw columnist Edward Lazarus, who has something of a personal stake in how this issue is resolved, has this essay today. And "The Volokh Conspiracy" has posted online here the text of a letter that certain U.S. Senators have issued concerning this matter. Posted at 06:49 by Howard Bashman "Appeals Nominee Gets Low Grade; ABA Cites Licensing Lapses in Granting 'Qualified' Rating": The Washington Post today contains an article that begins: The American Bar Association yesterday gave President Bush's choice for a seat on the U.S. Court of Appeals for the District of Columbia the lowest possible passing grade for judicial nominees, and sources said a Republican Senate chairman was expected to schedule a hearing next week on his nomination.You can view the ABA rating in question at this link. Posted at 06:45 by Howard Bashman "Enemy combatant's release delayed; Saudi government objects to terms of release": CNN.com provides this report concerning Yaser Esam Hamdi. Posted at 06:40 by Howard Bashman Wednesday, September 29, 2004
"Ted Olson and Walter Dellinger appeared on C-SPAN's Washington Journal program this morning": So emails a reader, who goes on to note that they spoke about the U.S. Supreme Court's upcoming Term, prospective Supreme Court nominees, the judicial confirmation process, and their experiences arguing cases before the Court. You can view the segment online by clicking here. It runs slightly longer than 47 minutes.
Posted at 23:58 by Howard Bashman
In a perfect world, I would post news of all U.S. Supreme Court preview sessions before they occur: This afternoon at the Stanford Law School, the Stanford Law American Constitution Society held an OT '04 Supreme Court Preview featuring Pam Karlan, Tom Goldstein and Alan Morrison. While it's too late to attend that event, tomorrow evening in Philadelphia the National Constitution Center will host a Supreme Court Preview that's open to the public, free of charge, and yet to occur. According to the description posted online here, "Kathleen Sullivan of Stanford Law School and John Yoo of Berkeley Law School [will] take a look at the important cases coming up in the next session of the Supreme Court. Award-winning Supreme Court reporter Tony Mauro will moderate." I am reliably advised that attendees need not worry about being bonked on the head by falling wooden beams. It won't hurt a bit. On a more serious note, I would even attend this event myself if I hadn't just spent part of my thirteenth wedding anniversary away from home visiting with the Eighth Circuit's judges. Posted at 23:55 by Howard Bashman People For the American Way cranks up the tunes for an animated segment about the upcoming election's possible impact on the U.S. Supreme Court: You can access the animated segment by clicking here. I'm afraid my favorite bad animation remains the "Bushenstein Monster." Posted at 23:50 by Howard Bashman A reader report on today's deadbeat-dad-related appellate news: While I was away from the computer today, a helpful reader emailed: The Ohio Supreme Court today issued its decision in State v. Talty, a closely-watched case in which the trial court ordered the deadbeat-dad defendant (whose mug shot features one of the world's last great mullets) to refrain from procreating as a condition of community control. A five-justice majority struck down the condition as overbroad under state law, and thus avoided the question of whether strict scrutiny would apply in a constitutional challenge to such a condition.You can access today's ruling at this link. And my earlier coverage of the case can be accessed here. The Associated Press, meanwhile, reports that "Ohio Court Overturns Procreation Order." Posted at 23:33 by Howard Bashman "3rd Circuit: Defendants Cannot 'Pick Off' Class Action Plaintiffs Using Rule 68." Online at law.com, Shannon P. Duffy has this article reporting on a decision that the U.S. Court of Appeals for the Third Circuit issued today. Posted at 23:12 by Howard Bashman U.S Supreme Court Justice bobblehead bliss or an opportunity to squander your retirement savings? David M. Gossett, one of the co-founders of The Green Bag, emails to advise that he plans to auction a full set of U.S. Supreme Court bobbleheads that The Green Bag has issued to date -- one each of Chief Justice William H. Rehnquist, Justice John Paul Stevens, and Justice Sandra Day O'Connor -- on eBay sometime within the next ten days. David says he plans to donate all of the proceeds from this auction to charity. Given that individual bobbleheads have sold for more than $400 on eBay, this set could easily sell for more than $1000. I will post a link to the auction once David has it up and running on eBay. Posted at 22:35 by Howard Bashman U.S. Court of Appeals for the Eleventh Circuit denies rehearing en banc in Alabama sex toys case: I'll post a copy of the order online tomorrow, but I can report now that the order, which was entered last Friday, states that no one on the court asked for a poll concerning whether to take the case en banc. You can access the ruling of a divided three-judge panel in the case at this link. Posted at 22:29 by Howard Bashman Back home: I'm pleased to report that I have returned safely from my very enjoyable trip to St. Louis. This trip was my first encounter with 50-seat US Airways Express regional jets. Now if only those airplanes actually offered air conditioning. Posted at 22:11 by Howard Bashman "Appellate Seminar...On Blogs?" The blog "Abstract Appeal" offers this post. Posted at 08:44 by Howard Bashman Having a great time in St. Louis: The talk that I delivered last night to the Judges of the U.S. Court of Appeals for the Eighth Circuit and other distinguished guests to kick-off the conference hosted by the Eighth Circuit and the Federal Judicial Center on the future of electronic filing in the U.S. Courts of Appeals seemed to be very well received. The conference is being held at a quite lovely hotel, and I am very much enjoying my first trip ever to St. Louis. Sadly, the Cardinals baseball team is playing in Houston, so I won't be able to see in action while I'm in town the best team in baseball this year during the regular season. Here are three random facts that I learned in preparing and delivering my speech last night: (1) the Eighth Circuit recently became the first and only U.S. Court of Appeals to have a majority of George W. Bush nominees among its active judges; (2) two of its newest judges are quite young, but the younger of those two isn't the one whom I had suspected; and (3) First Circuit Judge Bruce M. Selya no longer serves on the Judicial Panel for Multidistrict Litigation. Today I will be attending the conference sessions, and tonight I'll be heading back to Philadelphia. More updates will likely appear here before the day is over. Posted at 08:20 by Howard Bashman More eBay U.S. Supreme Court Justice bobblehead madness: Last night, a Justice John Paul Stevens bobblehead doll sold at auction on eBay for an amazing $405.00. And the Justice Sandra Day O'Connor bobblehead doll that's currently being auctioned now has a high bid of $152.50. As a thoughtful appellate commentator once observed, "Who among us can afford not to subscribe to The Green Bag?" Posted at 08:14 by Howard Bashman "Future justices a key election issue; Both parties are aware that the presidential winner could shape the Supreme Court": This article appears today in The Salt Lake Tribune. In the November 2004 issue of The Atlantic Monthly, Benjamin Wittes has an essay entitled "Supreme Irony: As elections near, partisans always invoke a threat to the 'balance' of the Court; But the real peril isn't ideology--it's blandness." Finally, Howard Mintz of The San Jose Mercury News has an article headlined "Presidents' picks have enduring effect on law." Posted at 08:10 by Howard Bashman "Supreme Court takes on Pa. death sentence": Michael McGough of The Pittsburgh Post-Gazette has this article today. Posted at 08:07 by Howard Bashman "Cruise case gets last shot; Supreme Court to hear case over access for disabled": This article appears today in The Houston Chronicle. Posted at 08:05 by Howard Bashman Ten Commandments news: The Daily Herald of Everett, Washington reports today that "Judge to get monument case; Arguments begin Tuesday in U.S. District Court in a lawsuit accusing Everett of fostering religion with its Ten Commandments marker." From Alabama, The Associated Press reports that "Dismissal clears Moore in fees claim." Finally, The Press-Enterprise of inland southern California today reports that "Courtroom quotation spurs objection; A rights group finds a word in Theodore Roosevelt's statement exclusionary." The quote in question, engraved in the mahogany walls of one of Riverside, California's oldest courtrooms, states that "The true Christian is the true citizen." Posted at 08:00 by Howard Bashman "Have We Heard the Last of Yaser Hamdi? Why His Promise Not to Sue the Government May Not be Binding." FindLaw columnist Michael C. Dorf has this essay today. Posted at 07:59 by Howard Bashman "Group sues for judges' free speech; Canon bars comment on personal belief": The Lexington Herald-Leader today contains an article that begins, "A conservative Lexington foundation wants a federal judge to allow state judicial candidates to state their views on issues such as gay marriage and religious freedom." Posted at 07:57 by Howard Bashman "Judge's ouster would be rare; Only once previously have Kansans voted against retention": The Lawrence (Kan.) Journal-Star contains this article today. Posted at 07:54 by Howard Bashman When good hugs go bad: The Seattle Post-Intelligencer reports today that "Lawyer may get 2-year suspension for 'sexual' contact." And The Seattle Times reports that "Suspension suggested for former public defender." Posted at 07:51 by Howard Bashman "Law professor apologizes for plagiarism in 1985 book": This article appears today in The Washington Times. And The Los Angeles Times reports that "Professor Admits Not Crediting Author." Posted at 07:48 by Howard Bashman "U.S. plans abortion ban appeal": The Lincoln (Neb.) Journal Star today contains an article that begins, "The U.S. Justice Department announced Tuesday it will appeal a Lincoln judge's ruling that declared a federal abortion ban unconstitutional." And The Omaha World-Herald reports that "Government to appeal partial-birth abortion ban ruling." Posted at 07:44 by Howard Bashman "Anti-smoking ads upheld; Judges reject tobacco firms' claim that state violates their rights": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 07:11 by Howard Bashman In today's edition of The Los Angeles Times: David G. Savage has articles headlined "Justices to Take on Cities' Seizure of Private Land; The Supreme Court will hear an appeal in a Connecticut case that could test the government's power of eminent domain" and "High Court to Hear Case of Cochran's Ex-Client." In other news, "Ashcroft Is Undeterred in Push for Capital Cases; Despite waning jury support, the attorney general wants more federal death penalties." And an article reports that "Prisoner's Release Spurs Lindh to Ask for Clemency." Posted at 07:06 by Howard Bashman "One Final Day In Court: U.S. supreme court will hear Fort Trumbull eminent domain case." This article appears today in The Day of New London, Connecticut. And Lynne Tuohy of The Hartford Courant today reports that "Land Dispute In High Court; Eminent Domain Focus Of New London Case." Posted at 07:01 by Howard Bashman Justice Antonin Scalia in the news: The Boston Globe reports today that "Scalia decries judicial activism in Harvard talk." And The Harvard Crimson reports today that "Scalia Describes 'Dangerous' Trend." Elsewhere, The Hattiesburg (Miss.) American reports today that "Agreement ends suit over Scalia tapes; Marshals Service admits taking reporters' recordings illegal." Posted at 06:55 by Howard Bashman Available online from law.com: Tony Mauro has articles headlined "Supremes to Examine Private Property Seizures" and "Sentencing Tops High Court's New Term; Justices also to tackle disputes over beef ads, wine, marijuana." In news from California, "9th Circuit OKs Use of Tobacco Taxes for Advertising" and "Effort to Free Lindh Seen as a Long Shot." And Shannon P. Duffy reports that "3rd Circuit OKs Deportation Under Patriot Act." Posted at 06:44 by Howard Bashman "Pitcairn trials delayed": This article appeared yesterday in The Australian. The Herald Sun reports today that "Island women stand by their men." The Independent (UK) today contains an article headlined "Growing up on Pitcairn: 'We all thought sex was like food on table.'" And The New Zealand Herald offers a news update headlined "Pitcairn Island governor seeks return of documents." Posted at 00:08 by Howard Bashman Tuesday, September 28, 2004
"Injunction sought against trespass law": The Honolulu Advertiser today contains an article that begins, "The American Civil Liberties Union of Hawai'i is asking for a court order barring the state from enforcing a law that gives public officials the authority to ban individuals from public places."
Posted at 23:55 by Howard Bashman
"Imploding Terror Cases": This editorial appears today in The Los Angeles Times. Posted at 23:50 by Howard Bashman "Treasury Being Sued for Curbs on Editing": The New York Times contains this article today. Posted at 23:45 by Howard Bashman "Prospects shift as DiMasi takes over for Finneran; Foes of gay marriage see blow to amendment hopes": This article appears today in The Boston Globe. Posted at 23:44 by Howard Bashman "Justices Agree to Hear Property Rights Case": Linda Greenhouse will have this article in Wednesday's issue of The New York Times. In Wednesday's issue of The Washington Post, Charles Lane will have an article headlined "Justices To Hear Property Case; Individual Rights At Issue in Conn." And Joan Biskupic will have an article headlined "Justices take eminent-domain case" in Wednesday's issue of USA Today. Posted at 23:37 by Howard Bashman "The Case for Jurisdiction-Stripping Legislation: Restoring Popular Control of the Constitution." The Republican Policy Committee of the U.S. Senate issued this report today. Posted at 23:19 by Howard Bashman "Please Help Find a Replacement for Judge Harry T. Edwards": Evan Schaeffer has this post online at "Notes from the (Legal) Underground." Posted at 23:16 by Howard Bashman "Slate's Jurisprudence: 'Enemy Combatant' Hamdi Freed." Today's broadcast of NPR's "Day to Day" included this segment featuring Dahlia Lithwick. Posted at 23:05 by Howard Bashman Reuters is reporting: Now available online are articles headlined "Calif. Anti-Smoking Ads Not Unconstitutional-Court" and "NY Times wants reporters' phone records protected." Posted at 22:55 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined: Posted at 22:51 by Howard Bashman "Supreme Court Agrees to Hear Another Case Involving Party Primaries and Associational Rights": Law Professor Rick Hasen, at his "Election Law" blog, takes note of the grant of review in (what else?) an election law case. Posted at 22:37 by Howard Bashman Lyle Denniston is reporting: Online at "SCOTUSblog," he has a post entitled "A New Look at Property Rights, and Other Issues" summarizing today's grants of review and a post entitled "Justice 'Question' is Now Retired - So to Speak" describing the U.S. Supreme Court's new method of identifying in its transcripts of oral argument which member of the Court is speaking. Posted at 22:32 by Howard Bashman Which blank space makes you more curious? Not to be outdone by this ruling (see pages two through nineteen in particular) that the U.S. Court of Appeals for the Seventh Circuit issued yesterday, the U.S. Court of Appeals for the Second Circuit today posted online this for-publication opinion. Posted at 22:27 by Howard Bashman "9th Cir. memdispos now on-line!" A reader who is a certified appellate law specialist in California emails to draw this news to my attention. Making non-precedential opinions widely available, as the Ninth Circuit has now done, is typically the first step in allowing such opinions to be cited back to the issuing court. Posted at 22:22 by Howard Bashman U.S. Court of Appeals for the Third Circuit expedites appeal challenging New Jersey Governor James McGreevey's decision to remain in office until after the November general election: You can access the Third Circuit's order, issued today, at this link. And The Associated Press reports that "Appeal set for lawsuit seeking special election." Posted at 22:10 by Howard Bashman "Massive storm hits area": The Philadelphia Inquirer has this news update on the nasty weather I left behind in the Philadelphia area on my trip today to St. Louis. Just received an update from home, where everyone is fine, but the trip home this evening was a test of endurance for those in my neighborhood. Posted at 22:03 by Howard Bashman Divided three-judge Ninth Circuit panel rejects tobacco companies' compelled speech claim: In this decision issued today, three tobacco companies contended that the State of California violated their First Amendment rights by imposing a surtax on cigarettes and then using some of the proceeds of that surtax to pay for advertisements that criticize the tobacco industry. By a vote of 2-1, the Ninth Circuit has now rejected that argument. Posted at 17:56 by Howard Bashman In other news from The AP: Now available online are articles headlined "Gov't to Appeal Ruling on Abortion Measure" and "Moussaoui Asks Full Court to Weigh Appeal." Posted at 17:38 by Howard Bashman Additional coverage from the wire services of today's U.S. Supreme Court grants of review: Today's Order List can be accessed at this link. Gina Holland of The Associated Press reports that "Court Takes on Question of Seizing Land." And in other coverage from The AP, "High Court to Hear Case by Cochran Client"; "Supreme Court Takes Up Okla. Voting Case"; and "Supreme Court to Hear Pa. Death Row Appeal." James Vicini of Reuters reports that "Supreme Court to Decide Disability Law on Cruise Ships" and "US court to review taking property for development." And in other coverage from Reuters, "Court to Decide Limits on State Primary Voting"; "Court to Decide Johnnie Cochran Protester Case"; and "Supreme Court Refuses to Put Nader on Oregon Ballot." Posted at 17:26 by Howard Bashman See you in St. Louis: New posts will appear later today, because now I must travel to St. Louis, Missouri, where I will be the keynote speaker this evening at a dinner that kicks-off a conference hosted by the U.S. Court of Appeals for the Eighth Circuit and the Federal Judicial Center on the future of electronic filing in the U.S. Courts of Appeals. The next time I will be making a presentation at an event that offers CLE credit will be in New York City on November 11th and 12th, 2004 at DRI's fifth Appellate Advocacy Seminar. As the brochure for the seminar reveals, at the DRI event I will be part of a quite distinguished faculty of consisting of appellate judges, law professors and other appellate practitioners. Online registration for the DRI seminar is available via this link. Posted at 13:01 by Howard Bashman "Cochran Case Heads to Supreme Court": The Associated Press provides this report. Posted at 11:14 by Howard Bashman "Court revives voting machine lawsuit": This article appears today in The Miami Herald. And The Tallahassee Democrat today contains an article headlined "Separate victories in ballot lawsuits; Suits seek printouts of touch-screen votes." Posted at 10:53 by Howard Bashman "Lawmaking not a role for judges": Columnist Jim Wooten has this op-ed today in The Atlanta Journal-Constitution. Posted at 10:51 by Howard Bashman "US court to decide disability law on cruise ships": James Vicini of Reuters provides this report. Posted at 10:49 by Howard Bashman "Chief justice calls for bylaw revision; State Supreme Court's Alex Bryner wants an update": The Anchorage Daily News contains this article today. Posted at 10:48 by Howard Bashman "U.S. captive is to be flown back to Saudi Arabia; Captured in Afghanistan, the man was held without charges since'01": This article appears today in The Richmond Times-Dispatch. Posted at 10:48 by Howard Bashman "Court Takes on Question of Seizing Land": The AP's Hope Yen, who joins Gina Holland in covering the U.S. Supreme Court for that wire service, provides this report. Posted at 10:47 by Howard Bashman "Cruise Lines, Disabled Spar Over Accessibility; A California woman's suit says U.S. law should apply; Foreign operators dispute that claim": This article previewing a case in which the U.S. Supreme Court granted review this morning appears today in The Los Angeles Times. Posted at 10:31 by Howard Bashman "Court to Hear ADA Suit Over Cruise Ships": Hope Yen of The Associated Press provides this report. And Lyle Denniston reports that the Court, among the eight cases it agreed to review this morning, has granted certiorari in a much-anticipated eminent domain case from Connecticut. More details to follow. Posted at 10:16 by Howard Bashman "Tribe admits not crediting author; Harvard scholar publicly apologizes": The Boston Globe contains this article today. Posted at 10:01 by Howard Bashman "Harvard law prof admits swiping phrase from book": This article appears today in The Boston Herald. Posted at 07:02 by Howard Bashman Today in The Raleigh News & Observer: The newspaper contains articles headlined "Miller's widow charged; Woman faces first-degree murder count in arsenic poisoning" and "Miller's family, friends await justice; Arrest brings tangled responses." Relatedly, The Charlotte Observer reports today that "Widow charged in arsenic death; Kontz focus of police suspicion since husband died in 2000." Posted at 07:00 by Howard Bashman "Kline signs on to Ten Commandments legal battle": The Lawrence (Kan.) Journal-World today contains an article that begins, "Kansas Atty. Gen. Phill Kline has entered the legal battle to maintain public displays of the Ten Commandments." Posted at 06:58 by Howard Bashman The San Francisco Chronicle is reporting: In today's newspaper, an article is headlined "GOP urges a vote on same-sex marriage ban; Some see it as effort to stress gay issues." And Bob Egelko reports that "U.S. won't try to ban hemp foods, oils." Posted at 06:32 by Howard Bashman Monday, September 27, 2004
"Initiative Fight Puts Focus on Felons; Proposition 66 would make fewer offenders subject to three-strikes law; Debate is emotional": The Los Angeles Times contains this article today.
Posted at 23:19 by Howard Bashman
"Gay marriage backers focus on Ore. battle": This article appears today in The Boston Globe. And The Washington Times reports today that "Nine states vying in gay 'marriage' legalization race." Posted at 23:03 by Howard Bashman In Tuesday's issue of The New York Times: An article will report that "Voters in 10 of 11 States Are Seen as Likely to Pass Bans of Same-Sex Marriages." And Adam Liptak will have an article headlined "Reporters Put Under Scrutiny in C.I.A. Leak." Posted at 22:58 by Howard Bashman "High Court Clerks Bemoan 'Bush v. Gore' Revelations; Scores of former Supreme Court law clerks criticize those who gave Vanity Fair details about Court divisions in case": Tony Mauro has this article online at law.com (no subscription required). Posted at 22:41 by Howard Bashman Another Justice Sandra Day O'Connor bobblehead doll goes up for auction online at eBay: After a short lull, those in the market for this latest Green Bag creation have another opportunity to try to become the highest bidder. As of this moment, the item has received only one bid, for a mere $15.00. This is a ten-day listing, and nearly nine days of the auction remain. The auction is scheduled to end on Wednesday, October 6, 2004 (the first Wednesday in October) at 7:18 p.m. eastern time. The eBay listing is accompanied by three photos of the doll, including an extreme close-up of the cow bobblehead. Earlier this month, Justice O'Connor bobblehead dolls sold on eBay for $300.00 and $285.00. Posted at 21:20 by Howard Bashman "Ninth Circuit to Reconsider En Banc Whether Amount Of Gemstar Executive Buyout Was 'extraordinary'": This article appears today in The Metropolitan News-Enterprise. Posted at 21:13 by Howard Bashman "Hamdi: The Price of Freedom is High." Lyle Denniston has this post online at "SCOTUSblog." As I noted earlier today, the agreement to release Yaser Esam Hamdi from the custody of the United States government can be accessed here. Posted at 21:06 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined: Posted at 19:30 by Howard Bashman Dead man appears to point finger at wife of murder victim: The News & Observer of Raleigh, North Carolina offers a news update headlined "Wife indicted in arsenic death." In earlier coverage, that newspaper reported back in May 2004 that "Suicide victim's tale will be told; Court order forces a dead man's lawyer to surrender what his client told him about a researcher's death." You can access my earlier coverage of this matter, from August 2003, at this link. Posted at 19:23 by Howard Bashman "All eyes on aging justices; As retirements loom, next president could reshape high court": This article appears today in The Sacramento Bee. Posted at 19:21 by Howard Bashman "Pitcairn Island's splendid isolation shattered by unwelcome arrival of 'malicious gossip-mongers'": Tuesday's issue of The Independent (UK) provides this report on the sex-crimes trial on Pitcairn Island. And a few days ago, that newspaper offered a related report headlined "No dancing or garlands on the isle that lost its 'joie de vivre.'" Posted at 17:52 by Howard Bashman "Disabilities Act doesn't cover Web, court says": Declan McCullagh of c|net News.Com provides this report. Posted at 17:48 by Howard Bashman Reuters is reporting: Now available online are articles headlined "US Court: Gov't Ban on Erotic Dance Moves Too Broad" and "Outlook Dims for Asbestos Reform in Senate." Posted at 17:14 by Howard Bashman "Federal appellate arguments as sporting events": Law Professor Tung Yin offers this post at "The Yin Blog." Posted at 16:45 by Howard Bashman "Nader Dispute Lands at Supreme Court": Gina Holland of The Associated Press provides this report. Posted at 16:25 by Howard Bashman "Rematch: Bush v. Gore, Round 2." Jeffrey Rosen will have this essay in the October 4, 2004 issue of The New Republic. Posted at 16:18 by Howard Bashman "Trial Ordered in Fla. E-Ballot Lawsuit": The Associated Press provides this report on the ruling of the U.S. Court of Appeals for the Eleventh Circuit that I noted earlier this afternoon. Posted at 15:10 by Howard Bashman "U.S. to Release Hamdi to Saudi Arabia Thursday": James Vicini of Reuters provides this report. Posted at 14:09 by Howard Bashman Three-judge Ninth Circuit panel upholds as lawful the vast majority of provisions contained in the adult entertainment ordinance of Maricopa County, Arizona: The panel did, however, "hold unconstitutional the prohibition on specified sexual activity" contained in the ordinance. You can access today's ruling at this link. Posted at 14:00 by Howard Bashman "Court: Ohio Should Have Held Election." The AP offers this report on the ruling of the U.S. Court of Appeals for the Sixth Circuit that I noted earlier today. Posted at 13:42 by Howard Bashman "Hamdi Expected to Be Freed by End of Week": The Associated Press provides this report. A copy of the agreement to release Yaser Esam Hamdi from custody can be viewed via this link. Posted at 12:06 by Howard Bashman U.S. Court of Appeals for the Eleventh Circuit orders federal district court to decide on the merits a constitutional challenge to Florida's touch-screen voting procedures: Today's opinion, by a unanimous three-judge panel, explains that: Fifteen Florida counties use a paperless, touchscreen method of voting. As is alleged, these touchscreen systems do not produce a paper record of votes. Accordingly, the fifteen counties where they are employed lack a manual recount procedure, which is available in Florida's remaining fifty-two counties. In the federal claim, Plaintiffs allege this "non-uniform, differential standard" violates their rights to due process and equal protection under the Fifth and Fourteenth Amendments to the United States Constitution.The federal district court had abstained from resolving this federal constitutional challenge on the merits. Today's ruling requires the district court to address the merits of the challenge. Posted at 12:01 by Howard Bashman "Administrative Order Regarding Blakely Cases": The U.S. Court of Appeals for the Eighth Circuit has today issued this administrative order. Posted at 11:04 by Howard Bashman "Can the Court clean up its Blakely mess?" That's the subject of this week's installment of "Debate Club," hosted by legalaffairs.org. The participants in this week's discussion are Law Professors Stephanos Bibas and Douglas Berman. Posted at 11:04 by Howard Bashman How Justice John Paul Stevens spent his summer vacation: Last Tuesday, The Associated Press published an article headlined "Justice Stevens Disputes Media Coverage." As I wrote in the post in which I first noted the article, "Justice John Paul Stevens has a beef with Dahlia Lithwick's op-ed entitled 'Off the Bench' published August 29, 2004 in The New York Times." The U.S. Supreme Court has yet to post online the text of Justice Stevens' speech. I have obtained a copy and have posted it online here (12-page PDF document). Posted at 10:30 by Howard Bashman An installment of "20 questions for the appellate judge" is somewhat less interesting without an interviewee: |