How Appealing

Saturday, July 31, 2010

"Court deals blow to public money match for Bill McCollum campaign; In a blow to Bill McCollum's bid for governor, a U.S. appeals court has reversed a ruling that could have given him millions of public dollars": This article appears today in The Miami Herald.

The Orlando Sentinel reports today that "Ruling lets Rick Scott spend all he wants in governor's race vs. Bill McCollum; Appeals court tosses out campaign-spending limits, hurting McCollum's chance of matching funds."

The Palm Beach Post reports that "Court reversal of Fla. campaign-finance law a win for Scott in GOP gov race."

The Ledger of Lakeland, Florida reports that "Court Blocks Public Funds for McCollum."

And Warren Richey of The Christian Science Monitor reports that "Key Florida campaign-finance provision blocked by federal court; A panel of the Eleventh US Circuit Court of Appeals issued an injunction on a provision of Florida's campaign-finance law aimed at leveling the playing field for candidates, citing free-speech rights."

Circuit Judge William H. Pryor, Jr. is the author of yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 09:10 PM by Howard Bashman



"Senate stalling on judges is like an old family feud; Obama has been able to fill only 36 of 134 seats that have opened on his watch; For some Republicans, it's simple payback": David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 08:50 PM by Howard Bashman


"Voting Behind Bars": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:47 PM by Howard Bashman


"Edwin Kneedler a 'savvy' choice to argue suit against Ariz. immigration law": Jerry Markon has this article today in The Washington Post.
Posted at 08:45 PM by Howard Bashman


"'Birther' movement attorney Orly Taitz keeps fighting legal battle, thinks Obama can't be the president": This article appeared yesterday in The Ledger-Enquirer of Columbus, Georgia.
Posted at 08:44 PM by Howard Bashman


"Supreme Court leery of broad challenges to yet-to-take-effect state laws; Some experts say the tack of the judge who blocked parts of the Arizona law leaves her ruling vulnerable to reversal on appeal; But it may stand if the high court follows precedent on immigration": David G. Savage had this article yesterday in The Los Angeles Times.
Posted at 08:22 PM by Howard Bashman


"Legal Scholarship Doesn't Always Fall on Deaf Ears, Conclude Law Professors": Karen Sloan of The National Law Journal has this report.

My earlier coverage of this paper, available online from SSRN, appears at this link.
Posted at 08:15 PM by Howard Bashman



"Judge Sharon Keller wants her rebuke voided; Criminal appeals court chief says commission's 'public warning' earlier this month violated state constitution": Chuck Lindell had this article yesterday in The Austin American-Statesman.

And Mary Alice Robbins of Texas Lawyer reports that "Judge Sharon Keller Asks Texas High Court to Vacate Public Warning."

You can access a copy of the Petition for Writ of Mandamus at this link.
Posted at 08:10 PM by Howard Bashman



Friday, July 30, 2010

"Arizona appeal of immigration ruling set for Nov." The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Circuit sets alien law review; Oral argument in November."

The U.S. Court of Appeals for the Ninth Circuit is providing free access to the appellate court filings in the case via this link.
Posted at 10:54 PM by Howard Bashman



"Alaska Airlines lawsuit continues": The Las Vegas Sun has a news update that begins, "A federal appeals court has ruled a group of Egyptian businessmen and their wives could resume suing Alaska Airlines for being removed from a flight to Las Vegas to attend convention in September 2003. The U.S. Ninth Circuit Court of Appeals reversed U.S. District Judge Robert Clive Jones who granted a pre-trial summary judgment in favor of the airlines. The appeals court said the case should go to a jury to determine if the pilot's decision to bump the group was reasonable."

And SeattlePI.com has a blog post titled "Judges revive suit by passengers booted from Alaska flight."

Chief Judge Alex Kozinski is the author of the majority opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:44 PM by Howard Bashman



"Judge removed from trial was hostile to prosecution, panel says; Appeals court accuses district judge of 'unreasonable fury'": The Chicago Tribune has a news update that begins, "A federal appeals court Friday blasted a judge for his 'unreasonable fury' toward the prosecution in a criminal case that led the court to abruptly remove him from an ongoing trial."

Circuit Judge Richard A. Posner is the author of today's opinion of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:12 PM by Howard Bashman



"Lawmaker wants Supreme Court to reopen front door": The AP has this report.
Posted at 09:03 PM by Howard Bashman


"Ginsburg: OK to look to foreign law for good ideas." The Associated Press has this report.

At WSJ.com's "Law Blog," Jess Bravin has a post titled "Looking Global: Ginsburg Speaks Out on Kagan, Comparative Law Issue."

And at "SCOTUSblog," Lyle Denniston has a post titled "Ginsburg on Kagan and foreign law."

Meanwhile, in somewhat related news, The Paducah Sun reports today that "Beaton headed for U.S. Supreme Court."
Posted at 09:00 PM by Howard Bashman



"Appeals court ups child pornographer's sentence to 30 years; Judges called former construction company executive William Irey's conduct 'horrific' and 'far beyond the heartland of depravity'": The Orlando Sentinel has this news update reporting on an en banc ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday. Circuit Judge Ed Carnes wrote the majority opinion.

In blog coverage, at the "Southern District of Florida Blog," David Oscar Markus has a post titled "255 pages of en banc fun."

And at the "Sentencing Law and Policy" blog, law professor Doug Berman has a post titled "Split en banc Eleventh Circuit rules child molester's 17 1/2-year sentence substantively unreasonable."
Posted at 08:50 PM by Howard Bashman



"Sen. Ben Nelson is first Democrat to oppose Kagan": The Associated Press has this report, along with an article headlined "NH Sen. Gregg is fifth Republican to support Kagan."
Posted at 08:44 PM by Howard Bashman


"Male Employees' Sex Harassment Case Settles Before Full 11th Circuit Rules": law.com has this report.
Posted at 09:12 AM by Howard Bashman


Thursday, July 29, 2010

"In Wake of 'Heller,' 3rd Circuit OKs Ban on Unnumbered Guns": Shannon P. Duffy will have this article Friday in The Legal Intelligencer.

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:50 PM by Howard Bashman



"U.S. Supreme Court Justice Antonin Scalia upholds his constitutional beliefs at Museum of the Rockies": This article appears today in The Bozeman Daily Chronicle.

And The Associated Press has a report headlined "Scalia: Supreme Court should not be moral arbiters."
Posted at 06:00 PM by Howard Bashman



"Appeals court: More freedom for judge candidates." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.

The "MinnLawyer Blog" has a post titled "8th Circuit strikes down judicial campaign restrictions."

And at his "Election Law Blog," law professor Rick Hasen has a post titled "Eighth Circuit, on 2-1 Vote, Strikes Down 3 Minnesota Judicial Canons."
Posted at 03:04 PM by Howard Bashman



"Appeals court removes federal judge from drug case; Order comes after disagreement between U.S. Attorney Patrick Fitzgerald and U.S. District Judge James Holderman": This article appears today in The Chicago Tribune.

And The Chicago Sun-Times reports today that "Federal district judge overruled, removed in middle of drug case."
Posted at 02:33 PM by Howard Bashman



"Va. activist can post officials' Social Security numbers on site, court rules": The Washington Post contains this article today.

You can access Monday's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:47 AM by Howard Bashman



"Judge Blocks Arizona's Immigration Law": This article appears today in The New York Times, along with a news analysis headlined "Ruling Against Arizona Is a Warning for Other States" and an editorial entitled "Showdown in Arizona."

Today's edition of The Arizona Republic contains articles headlined "Arizona will file expedited appeal to lift SB 1070 ruling"; "Arizona immigration law injunction adds more turmoil to state's controversy"; "Arizona immigration law backers feel let down by ruling"; "Arizona immigration law ruling cheered by migrants at consulate; Many applaud the news, say how relieved they feel"; and "Arizona immigration law partial win draws celebration."

The Arizona Daily Star reports that "Judge blocks vital parts of AZ immigration law."

The Washington Post contains articles headlined "Arizona immigration law SB 1070 - Judge blocks some sections" and "Ruling on Arizona immigration law heightens tensions," along with an editorial entitled "A narrow rebuke of Arizona's immigration law."

The Los Angeles Times contains articles headlined "Federal judge blocks key parts of Arizona immigration law; The ruling halts implementation of provisions that require police to determine the immigration status of people they stop and suspect of being in the U.S. illegally; An immediate appeal is expected" and "Court ruling unlikely to change politics of immigration; The equation spelling gridlock in Congress remains unchanged: The comprehensive overhaul promoted by Obama -- and Bush -- lacks any GOP support in the Senate, and therefore cannot pass."

The Wall Street Journal contains articles headlined "Judge Blocks Arizona Law; Obama Wins Injunction Stalling Broad State Crackdown on Illegal Immigrants"; "Opponents of Arizona Law Celebrate Judge's Decision"; "States Dealt Blow in Battle for Power"; and "Ruling Is New Hot-Button Issue in Hot Season."

USA Today contains articles headlined "Core of Ariz. law blocked; 'Expedited' appeal on tap" and "Ariz. reactions range from relief to rage; Fear subsides, but immigration fight not over."

And The Christian Science Monitor has articles headlined "Why Judge Susan Bolton blocked key parts of Arizona's SB 1070" and "Solution to Arizona immigration law troubles: 'Safe passage' home?"

You can access yesterday's ruling of the U.S. District Court for the District of Arizona at this link.
Posted at 08:42 AM by Howard Bashman



"Judge OKs Law Requiring Pornographers to Keep Age Records": In today's edition of The Legal Intelligencer, Shannon P. Duffy has an article that begins, "A federal judge has refused to strike down recent amendments to the federal Child Protection and Obscenity Enforcement Act that require photographers and filmmakers -- both professional and amateur -- to maintain records that verify the age and identity of anyone depicted in a sexually explicit film or photograph."
Posted at 08:02 AM by Howard Bashman


Wednesday, July 28, 2010

"Immunity Granted for Lawyers to Testify Against Impeached Judge": David Ingram has this post today at "The BLT: The Blog of Legal Times."

And last week, Bruce Alpert of The Times-Picayune of New Orleans reported that "Judge Thomas Porteous pushes to have impeachment articles dismissed."
Posted at 05:47 PM by Howard Bashman



"Top Judiciary Republican calls Kagan 'dangerous'": The Associated Press has this report.
Posted at 05:20 PM by Howard Bashman


"Judge Hears Arguments That Death Penalty Shouldn't Apply In Cheshire Case; Lawyers Say Rell's Veto Of Repeal Of Capital Punishment Violated Hayes' Rights": This article appears today in The Hartford Courant.

The New Haven Register reports today that "Rell remarks deny Hayes due process, defense says; Lawyer cites comments on Petit case."

And The New York Times reports that "Death Penalty Is Challenged Before a Trial in 3 Killings."
Posted at 08:00 AM by Howard Bashman



"Clairvoyant allegedly sought state job": The Pittsburgh Tribune-Review today contains an article that begins, "A clairvoyant whom state Sen. Jane Orie and Supreme Court Justice Joan Orie Melvin consulted asked the justice to help her get a state job, a source close to the investigation said Tuesday."

The newspaper also contains a related article headlined "Orie sisters have lots of company in seeking paranormal advice."
Posted at 07:56 AM by Howard Bashman



"Court May Block Executive's Start Date at Competitor due to Muffin Trade Secrets": Shannon P. Duffy has this article today in The Legal Intelligencer.

You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 07:50 AM by Howard Bashman



Tuesday, July 27, 2010

"Obama Pushes Confirmation of Judges": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 05:28 PM by Howard Bashman


"Cleveland loses appeal of Wall St. mortgage case; City alleged public nuisance from securitizations": Reuters has a report that begins, "The city of Cleveland lost its appeal on Tuesday of a lawsuit accusing 22 Wall Street bank and mortgage lenders of creating a public nuisance by creating risky mortgage securities to be sold to investors."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 04:08 PM by Howard Bashman



"Warren Jeffs' rape conviction overturned, new trial ordered": The Deseret News has an update that begins, "The Utah Supreme Court on Tuesday overturned the rape conviction of Fundamentalist LDS Church leader Warren Jeffs, citing an 'erroneous' instruction given to the jury during the 2007 trial."

The Salt Lake Tribune has a news update headlined "Supreme Court: Jeffs gets new trial."

And The Associated Press reports that "Utah court reverses polygamist leader convictions."

You can access today's ruling of the Supreme Court of Utah at this link.
Posted at 12:48 PM by Howard Bashman



"N.J. Supreme Court declines to hear gay marriage case filed by 6 same-sex couples": This article appears today in The Newark Star-Ledger.

And today's edition of The Philadelphia Inquirer contains an article headlined "N.J. gay-marriage case must begin in lower courts."
Posted at 08:12 AM by Howard Bashman



"Cities, counties get boost in lead paint suit": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "In a critical victory for San Francisco and other cities and counties suing companies for the monumental costs of cleaning up lead paint, the state Supreme Court said Monday that local governments can enlist private lawyers and offer them a share of the proceeds."

And Howard Mintz of The San Jose Mercury News reports today that "State Supreme Court sides with Santa Clara County over hiring private lawyers."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:09 AM by Howard Bashman



"Libel law must be changed to protect free speech, Supreme Court hears; People should be free to criticise each other on the internet without fear of being sued, the Supreme Court heard yesterday in a test libel case which could could make it easier to rely on the fair comment defence": The Telegraph (UK) contains this article today.
Posted at 08:04 AM by Howard Bashman


"'Angel' to urge Pennsylvania justice to quit": This article appears today in The Pittsburgh Tribune-Review.

And The Pittsburgh Post-Gazette reports today that "A different kind of 'Angel' expected to land today in Harrisburg."
Posted at 08:02 AM by Howard Bashman



"Chicago gun lawsuit plaintiffs apply for permits; Lead plaintiff critical of $100 fee": Today's edition of The Chicago Tribune contains an article that begins, "Two years after filing a lawsuit that ultimately forced the city to dismantle its 28-year-old handgun ban, Otis McDonald walked into a police station Monday and applied for a permit allowing him to keep a gun at home."
Posted at 08:00 AM by Howard Bashman


Monday, July 26, 2010

"What Next After Citizens United?" Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 08:34 PM by Howard Bashman


"Welcome to the Tax Appellate Blog!" There have been tax blogs, and there have been appellate blogs. Now, thanks to the Miller & Chevalier law firm, you can enjoy the "Tax Appellate Blog."
Posted at 11:40 AM by Howard Bashman


"Senator Lindsey Graham Puts Ideology Aside to Vote for Elena Kagan: His Stand is Honorable, But Is It Constitutionally-Required?" Michael C. Dorf has this essay online today at FindLaw.
Posted at 08:54 AM by Howard Bashman


"Courtroom plight aids others with disabilities; Man helped launch legal battle that led to Supreme Court win": This article appears today in The Knoxville News Sentinel.
Posted at 08:52 AM by Howard Bashman


"20 years of problems at Arlington Cemetery": The Washington Post today contains a front page article that begins, "From the graves of Supreme Court justices to a section for freed slaves, Arlington National Cemetery seems to have been egalitarian in its mistakes."
Posted at 08:40 AM by Howard Bashman


"As Stevens retires from court, one final duel with Scalia": Robert Barnes has this article today in The Washington Post.
Posted at 08:36 AM by Howard Bashman


"Key omission in memo to destroy CIA terror tapes": The Associated Press has this report.
Posted at 08:14 AM by Howard Bashman


Sunday, July 25, 2010

"The Use of Legal Scholarship by the Federal Courts of Appeals: An Empirical Study." Law professors David L. Schwartz and Lee Petherbridge have posted this paper online at SSRN (via "Legal Theory Blog").
Posted at 08:50 PM by Howard Bashman


"Chief justice nominee avoids hot-button issues; In her first interview since the nomination, Tani Cantil-Sakauye acknowledges that she has much to learn and expresses optimism about leading the California Supreme Court": Maura Dolan has this article today in The Los Angeles Times.
Posted at 08:02 PM by Howard Bashman


"La. Chief Justice to return; Kimball has new appreciation for what matters most": The Advocate of Baton Rouge, Louisiana contains this front page article today.
Posted at 05:02 PM by Howard Bashman


"Governor defies stereotypes, party labels in shaping California judiciary": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 04:57 PM by Howard Bashman


"Under the U.S. Supreme Court: Opening prison doors for healthcare." Michael Kirkland of UPI has this report.
Posted at 04:55 PM by Howard Bashman


"When a Justice and a Case Are Too Close": Adam Liptak has this article today in the Week in Review section of The New York Times.
Posted at 10:20 AM by Howard Bashman


"Court Under Roberts Is Most Conservative in Decades": Adam Liptak has this lengthy front page article today in The New York Times. The article is the first in a series that the newspaper will publish about the first five years of the Roberts Court.
Posted at 12:35 AM by Howard Bashman


Saturday, July 24, 2010

"Eight years later, pastry plot lawsuit settled; Top court vindicates lawyer who was held and strip-searched for an offence he didn't commit": The Vancouver Sun today contains an article that begins, "The Supreme Court of Canada has vindicated Vancouver lawyer Cameron Ward after an eight-year legal war over a Groucho Marxist pastry plot. The country's highest court said Friday the celebrated defender of underdogs should not have been strip-searched over an alleged threat to throw a pie at former-prime minister Jean Chretien."

The Toronto Globe and Mail reports today that "Supreme Court upholds compensation for breach of Charter rights; Ruling the first to say damages can be awarded even if authorities acting in good faith."

The Toronto Sun reports that "Charter breaches worth money, top court says."

And The Canadian Press reports that "Supreme Court says people can seek damages for charter breaches even if there's no loss."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 10:42 PM by Howard Bashman



"Convicted killer Mack denied pension claim": Friday's edition of The Las Vegas Review-Journal contained this article.

The Las Vegas Sun has an article headlined "Judge: Killer can't collect $500,000 pension fund."

And the Metropolitan News-Enterprise reports that "Court Ends Fight Over Courthouse Sniper's Retirement Funds."

My earlier coverage of Thursday's Ninth Circuit ruling appears at this link.
Posted at 10:30 PM by Howard Bashman



"Limiting 'libel tourism': Rachel Ehrenfeld has led a campaign to protect authors sued for libel in countries where freedom-of-speech protections are not as strong as those in the U.S." This editorial appears today in The Los Angeles Times.
Posted at 10:17 PM by Howard Bashman


"Barry Bonds will probably go to trial in March": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:12 PM by Howard Bashman


"New Names Emerge for 9th Circuit Seats": Dan Levine of The Recorder has an article that begins, "A lawyer under serious consideration for the 9th U.S. Circuit Court of Appeals would, if picked, become the only American Indian currently in the federal judiciary and the first ever to serve on an appellate court, according to sources familiar with the search process."
Posted at 10:28 AM by Howard Bashman


Friday, July 23, 2010

"Historic pick: Katherine Leonard is poised to become Hawaii's first female chief justice." This article appears today in The Honolulu Star-Advertiser.
Posted at 10:16 PM by Howard Bashman


"Maine Republican Sen. Collins to back Kagan": The Associated Press has this report. According to the article, "Collins' announcement makes her the third Republican to break with her party to back President Barack Obama's nominee to succeed retired Justice John Paul Stevens."
Posted at 03:15 PM by Howard Bashman


"An 'Appealing' Life: A Chat with Blogger, Lawyer Howard Bashman." Ashby Jones has this post at WSJ.com's "Law Blog."
Posted at 01:50 PM by Howard Bashman


"Standing by Its Flexible Standards: The Bilski ruling will keep the patent bar churning." Steven Seidenberg will have this article in the August 2010 issue of ABA Journal magazine.
Posted at 09:56 AM by Howard Bashman


"Federal court rules in Fla. smoker cases": Today's edition of The Richmond Times-Dispatch contains an article that begins, "Floridians suing cigarette-makers in federal courts can't use a set of court-ordered findings to automatically make cases for damages against tobacco firms, a federal appeals court ruled yesterday."

The Winston-Salem Journal reports today that "Tobacco suit rules change; Court says plaintiffs must prove 2 factors."

Bloomberg News reports that "Altria Loses Bid to Set Aside Evidence in 4,000 Florida Sick Smoker Suits."

"The Gavel" blog of The Florida Times-Union has a post titled "11th Circuit's tobacco ruling leaves both sides claiming victory in Jacksonville cases."

And at Forbes.com's "On the Docket" blog, Daniel Fisher has a post titled "Cigarette Makers Win Big At 11th Circuit."

Circuit Judge Ed Carnes is the author of yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 08:40 AM by Howard Bashman



"Supreme Court Nominations Join Partisan Battleground": Naftali Bendavid has this article today in The Wall Street Journal.

You can freely access the full text of this article via Google News.
Posted at 08:33 AM by Howard Bashman



"Orie, Melvin sought guidance from 'angel lady'": The Associated Press has a report that begins, "A state senator and her sister, a Supreme Court justice, sought guidance from a woman who claims to hear whispered advice from angels in connection with an alleged--and unsuccessful--attempt to keep a western Pennsylvania prosecutor from investigating ethics allegations against them, court documents show."
Posted at 08:32 AM by Howard Bashman


"Ex-bike champ's BALCO convictions upheld": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court upheld the perjury convictions Thursday of champion cyclist Tammy Thomas, the first athlete charged with lying to a federal grand jury in the BALCO steroids investigation - the same charges now pending against former San Francisco Giants superstar Barry Bonds."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:20 AM by Howard Bashman



"5th Circuit Refuses to Bar Judge From Deepwater Horizon Suits": The Associated Press has this report.
Posted at 08:14 AM by Howard Bashman


"Pa. Supreme Court Refuses to Reconsider HRT Case": Amaris Elliott-Engel of The Legal Intelligencer has this report.
Posted at 08:11 AM by Howard Bashman


"Bratz dolls maker wins appeal against Mattel; MGA Entertainment violated Mattel's copyrights to some degree but is entitled to 'sweat equity' because it developed the dolls into a successful brand, court says": Carol J. Williams and Andrea Chang have this article today in The Los Angeles Times.

Bloomberg News reports that "Mattel Loses Bratz Doll Appeals Court Ruling to MGA."

And Dan Levine of The Recorder reports that "In Huge Loss for Mattel, 9th Circuit Sides With Bratz Over Barbie."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:10 AM by Howard Bashman



Thursday, July 22, 2010

"US appeals court blocks Pa. ethics panel gag rule": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 08:54 PM by Howard Bashman


"House OKs narrow bill on animal cruelty; The legislation was drafted to exclude selling videos of hunting or fishing in response to Supreme Court concerns about free speech": This article appears today in The Los Angeles Times.
Posted at 04:10 PM by Howard Bashman


"New groups aim to spend big on election ads": The Associated Press has a report that begins, "Two new groups - one Republican-leaning, the other pro-Democratic - seeking to capitalize on a Supreme Court ruling allowing the use of unlimited donations for ads targeting candidates have gotten the go-ahead from election officials."
Posted at 02:55 PM by Howard Bashman


"Darren Mack murdered his wife, Charla Mack, and shot the state court judge overseeing their divorce proceedings before a final written divorce decree could be filed." So begins an ERISA-related ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:42 PM by Howard Bashman


Ninth Circuit affirms BALCO-related perjury and obstruction of justice convictions obtained following a jury trial against former professional cyclist Tammy Thomas: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:40 PM by Howard Bashman


"Legal bills mount for Conrad Black after insurance runs dry": This article appeared yesterday in The Toronto Globe and Mail.
Posted at 02:30 PM by Howard Bashman


"With another woman, the Supreme Court can't help but change": Columnist David S. Broder has this op-ed today in The Washington Post.
Posted at 02:27 PM by Howard Bashman


"Appeals court: MGA can keep Bratz brand of dolls." The Associated Press has a report that begins, "A federal appeals court has overturned a lower court ruling that gave Mattel Inc. ownership rights to the popular Bratz doll brand, which competed with the toy company's iconic Barbie dolls."

Chief Judge Alex Kozinski is the author of today's ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:20 PM by Howard Bashman



"N.J. High Court to Review Drunken Drivers' Right to Sue Bars That Served Them": Mary Pat Gallagher of New Jersey Law Journal has this report.
Posted at 09:57 AM by Howard Bashman


"Obama's Judicial Picks Languish In Senate": This audio segment appeared on Tuesday evening's broadcast of NPR's "All Things Considered."

And Tuesday evening at "The BLT: The Blog of Legal Times," David Ingram had a post titled "McConnell Delays Vote on 6th Circuit Nominee."
Posted at 09:54 AM by Howard Bashman



"Lawsuit Revived Against Prosecutor in Web Parody Case": Leigh Jones of The National Law Journal has an article that begins, "A federal appeals court has revived a lawsuit against a prosecutor brought by a college student whose online column irked a professor and led to an unlawful search of the student's home."

My earlier coverage of Monday's Tenth Circuit ruling appears at this link.
Posted at 09:50 AM by Howard Bashman



"Prosecutors urge immediate jail for actor Snipes": Reuters has this report.

And The Orlando Sentinel reports that "Feds want movie star Wesley Snipes behind bars."
Posted at 09:45 AM by Howard Bashman



Wednesday, July 21, 2010

"Appeals Court says nude pics OK for sex offender": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 06:20 PM by Howard Bashman


"Orie sisters ordered to stand trial": The Pittsburgh Post-Gazette has a news update that begins, "A Common Pleas judge today ordered state Sen. Jane Clare Orie, R-McCandless, and her sister, Janine Orie, held for trial on charges they used the senator's state office to campaign for a third sister, Supreme Court Justice Joan Orie Melvin."

And The Associated Press reports that "Pa. senator, sister to be tried on ethics charges."

Meanwhile, in earlier coverage, today's edition of The Pittsburgh Tribune-Review reports that "Staffer shares Orie messages."
Posted at 02:11 PM by Howard Bashman



"Margaret Marshall, author of Mass. gay marriage decision, to retire": The Boston Globe has this news update.

And The Associated Press reports that "Mass. judge who wrote gay marriage ruling retires."

Today, the Supreme Judicial Court of Massachusetts issued a news release headlined "Chief Justice Margaret H. Marshall Will Retire."
Posted at 02:08 PM by Howard Bashman



"Judge sets ex-mogul Conrad Black's bond at $2M": The Associated Press has this report.
Posted at 11:54 AM by Howard Bashman


"Ex-media mogul Conrad Black may leave prison Wed." The Associated Press has this report.

Bloomberg News reports that "Conrad Black Might Be Set Free Today in Florida as He Appeals Conviction."

And Reuters reports that "Bond hearing set for ex-media mogul Conrad Black."
Posted at 09:10 AM by Howard Bashman



"Flag mutilation charge dropped": Today's edition of The Omaha World-Herald contains an article that begins, "Sarpy County prosecutors on Tuesday dropped charges of flag mutilation and contributing to the delinquency of a minor against a high-ranking member of the controversial Westboro Baptist Church."
Posted at 09:05 AM by Howard Bashman


"Schwarzenegger to name appeals judge to fill chief justice post; Tani Gorre Cantil-Sakauye, 50, would be the first Asian American to lead the state's judiciary and give the court a female majority for the first time in history": Maura Dolan has this article today in The Los Angeles Times.

And The Sacramento Bee reports today that "Schwarzenegger to pick Cantil-Sakauye as chief justice."
Posted at 09:03 AM by Howard Bashman



"Senate Panel Backs Kagan Nomination, With One Republican Vote": The New York Times contains this article today.

Today in The Los Angeles Times, David G. Savage reports that "Elena Kagan approved by Senate Judiciary Committee in 13-6 vote; Kagan's Supreme Court nomination wins approval in a nearly party-line vote, with Republican Sen. Lindsey Graham of South Carolina joining the majority Democrats."

The Washington Post reports that "Kagan nomination approved by Senate judiciary panel." And Dana Milbank's "Washington Sketch" column is headlined "Lindsey Graham stands apart from other Republican senators on Kagan vote."

The Boston Globe reports that "With one GOP vote, Kagan wins Senate panel's backing."

In USA Today, Joan Biskupic reports that "Kagan clears Senate panel; Supreme Court nominee heads for full vote next month."

In The Wall Street Journal, Naftali Bendavid reports that "Senate Panel Approves Kagan For High Court; Committee Votes Largely on Party Lines; She Would Become Fourth Female Justice." The newspaper also contains an editorial entitled "What Case Was That Again? Kagan says she had no opinion on the ObamaCare lawsuits." And Peter Hegseth has an op-ed entitled "Kagan and the Military: What Really Happened; Her intellectually dishonest opposition to our armed forces during a time of war shows bad judgement; She doesn't belong on the Supreme Court."

The Washington Times contains articles headlined "Senate panel OKs Kagan's nomination; Obama's Supreme Court nominee now awaits full Senate vote" and "Graham explains Kagan vote; S.C. senator says he followed his conscience, not politics."

James Rosen of McClatchy Newspapers reports that "Graham only GOP senator on panel to vote for Kagan."

Warren Richey of The Christian Science Monitor has an article headlined "Elena Kagan's role on Supreme Court: defender of 'ordinary people'? Elena Kagan moved one step closer Tuesday to becoming the third woman on the US Supreme Court, to the satisfaction of President Obama and women's groups; Next up: full Senate debate and a vote before the August recess."

The Des Moines Register reports that "Grassley votes no on Kagan nomination, says her answers were vague."

The Tulsa World reports that "Coburn outlines vote against Kagan."

The Vermont Press Bureau reports that "Leahy says Kagan confirmation guaranteed."

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Closing Arguments: The case against Kagan is a case against these hearings."
Posted at 08:47 AM by Howard Bashman



"For Those Deported, Court Rulings Come Too Late": This article appears today in The New York Times.
Posted at 08:20 AM by Howard Bashman


"3rd Circuit Judge Orders Feds to Trim Big Brief in Fumo Case": Shannon P. Duffy has this article today in The Legal Intelligencer.

My earlier coverage of yesterday's Third Circuit order appears at this link.
Posted at 08:17 AM by Howard Bashman



Tuesday, July 20, 2010

"Media Seek Looser Guantanamo Rules": Wednesday's edition of The New York Times will contain an article that begins, "After nearly a decade of uneasy coexistence at Guantanamo Bay, the Pentagon and the media are now locked in a dispute that will test how strictly the government can limit what reporters there are allowed to reveal."
Posted at 07:33 PM by Howard Bashman


"Looking for Time Bombs and Tea Leaves on Gay Marriage": Adam Liptak has this new installment of his "Sidebar" column in today's edition of The New York Times.
Posted at 07:30 PM by Howard Bashman


"Feds Lose Stagliano Obscenity Case--First in Over 30 Years": Mark Kernes, who covered the trial for AVN News, has this report.
Posted at 06:07 PM by Howard Bashman


"Justice Potter Stewart's Papers Reveal Friends in High Places": Tony Mauro of The National Law Journal has this report.
Posted at 05:06 PM by Howard Bashman


"Judiciary panel OKs Elena Kagan for Supreme Court": The Associated Press has this report, along with a report headlined "Obama hails Senate committee vote approving Kagan."

And at "The BLT: The Blog of Legal Times," David Ingram has posts titled "Kagan Clears One Hurdle, Heads for Next" and "In Letter, Elena Kagan Praises Miguel Estrada."
Posted at 02:40 PM by Howard Bashman



Your appellate brief is too long, Third Circuit tells the prosecution in the Vince Fumo appeal: In an order issued today, the U.S. Court of Appeals for the Third Circuit ordered that nearly 11,000 words be trimmed from the brief.

My earlier coverage of the federal government's efforts to file a gargantuan appellate brief can be accessed here and here.
Posted at 11:40 AM by Howard Bashman



"Judiciary expected to approve Kagan for Supreme Court": The Hill has this report.

CNN.com reports that "Senate Judiciary Committee to vote on Kagan nomination."

The Associated Press has reports headlined "Committee vote Tuesday on Kagan court nomination" and "Top Judiciary Republican to oppose Kagan."

And Warren Richey of The Christian Science Monitor has an article headlined "Elena Kagan denies 'substantive' discussion of health-care case; Senate Republicans are worried that, as solicitor general, Supreme Court nominee Elena Kagan advised President Obama about litigation against health-care reform -- a potential issue if the litigation makes it to the Supreme Court."

You can view C-SPAN's live coverage of this morning's confirmation vote of the Senate Judiciary Committee by clicking here.
Posted at 10:47 AM by Howard Bashman



Monday, July 19, 2010

"Clarence Thomas swears in Thomas R. Lee to Utah Supreme Court": The Deseret News has this update.
Posted at 08:03 PM by Howard Bashman


"Conrad Black granted bail": The Toronto Star has this news update.

And Financial Times has a news update headlined "Lord Black set to be freed on bail."
Posted at 08:01 PM by Howard Bashman



"Court grants bail to jailed ex-media mogul Black": The Associated Press has a report that begins, "Jailed former newspaper magnate Conrad Black was granted bail by a federal appeals court on Monday, weeks after the U.S. Supreme Court kicked his 2007 fraud conviction back to a lower court."

And Bloomberg News reports that "Ex-Media Mogul Conrad Black Granted Bail During Appeal of Fraud Conviction."
Posted at 06:04 PM by Howard Bashman



"Senate backs libel help for US writers abroad": The Associated Press has this report.
Posted at 04:50 PM by Howard Bashman


Tenth Circuit issues its latest ruling in "The Howling Pig" criminal libel saga involving plaintiff Thomas Mink and his efforts to recover damages for alleged prosecutorial misconduct: Once again, Mink has prevailed on appeal. You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 03:22 PM by Howard Bashman


"Kagan would weigh health law recusal case-by-case": The Associated Press has this report.
Posted at 02:07 PM by Howard Bashman


In the case of United States v. Sykes, the defendant's bank robbery conviction is affirmed in an opinion written by Judge Sykes: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 12:30 PM by Howard Bashman


Sunday, July 18, 2010

"Under the U.S. Supreme Court: Testing the fairness of U.S. law." Michael Kirkland of UPI has this report.
Posted at 10:55 PM by Howard Bashman


"Thomas lifts veil on life as a Supreme Court justice": Brooke Adams has this article today in The Salt Lake Tribune.

And The Deseret News reports today that "Clarence Thomas calls Supreme Court a 'marble palace.'"

In this post, the "Appellate Daily" blog links to video of the Saturday Night Live skit that Justice Thomas mentioned in his remarks.
Posted at 10:45 PM by Howard Bashman



"Address the two D.C. Circuit vacancies; The 'second highest court in the land' needs a full complement of judges to do its important work": Law professor Carl Tobias will have this op-ed in tomorrow's issue of The National Law Journal.
Posted at 08:55 PM by Howard Bashman


Saturday, July 17, 2010

"Judge rebuked but avoids ouster; Keller denies wrongdoing in execution appeal refusal and vows to appeal decision of ethics panel": Chuck Lindell has this article today in The Austin American-Statesman.

Dave Montgomery of The Fort Worth Star-Telegram reports today that "Justice who denied late-hour appeal from Death Row inmate gets 'public warning.'"

The Dallas Morning News reports that "Judge Sharon Keller reprimanded for conduct related to 2007 stay of execution filing."

The San Antonio Express-News reports that "Top criminal judge warned but keeps job."

And The Associated Press reports that "Top Texas criminal judge warned but keeps job."

You can access yesterday's decision of the Texas Commission on Judicial Conduct at this link.
Posted at 11:57 PM by Howard Bashman



"NCAA Must Face Ticket Lottery Suit, U.S. Appeals Court in Chicago Rules": Bloomberg News has this report.

And Reuters reports that "NCAA Final Four 'lottery' lawsuit wins new life."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 08:37 PM by Howard Bashman



"U.S. District judge drops porn charges against video producer John A. Stagliano": This article appears today in The Washington Post.

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Federal Judge Throws Out D.C. Obscenity Case."

At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "DOJ stumbles prompt porn purveyor's acquittal."

And from AVN News, Mark Kernes had a very interesting pre-dismissal report headlined "After Wrangling With Judge, Stagliano Case Prosecutors Rest." AVN News also has a post-dismissal report headlined "Industry Reaction to the Stagliano Ruling Dismissing All Charges; Clyde DeWitt: A handful of jurors said they would not have convicted anyway."
Posted at 08:33 PM by Howard Bashman



Friday, July 16, 2010

"Sources: Obama Administration Vetting N.Y. Lawyer for D.C. Circuit." David Ingram has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:04 PM by Howard Bashman


"Federal panel upholds Wesley Snipes tax sentence": The Associated Press has a report that begins, "A federal appeals panel has upheld a three-year prison sentence on federal tax charges for film star Wesley Snipes."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 03:34 PM by Howard Bashman



"UW professor is nominated for federal appeals court job; Nourse would replace Milwaukee native Terrence Evans": This article appears today in The Milwaukee Journal Sentinel, which insists on spelling Judge Evans's first name with an extra R.

The official news release from the White House is headlined "President Obama Names Victoria F. Nourse to U.S. Court of Appeals."

More information about the nominee can be accessed here.
Posted at 02:44 PM by Howard Bashman



"Breyer to Step in as Chief Dissenter? Following Stevens' Retirement, Breyer Could Assume His Position as Most Vocal Critic." Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 02:08 PM by Howard Bashman


"Obama Appointees May Solidify 'Worrisome' Partisan U.S. High Court Split": Greg Stohr of Bloomberg News has this report.
Posted at 01:58 PM by Howard Bashman


The redesigned web site of the U.S. Court of Appeals for the Federal Circuit is up and running: You can access is by clicking here.
Posted at 01:55 PM by Howard Bashman


"Deadline to name state chief justice unclear": Bob Egelko has this article today in The San Francisco Chronicle.

And in this post at the "Southern California Appellate News" blog, Nate Scott looks at who may be in contention for the post.
Posted at 08:20 AM by Howard Bashman



"Is the 'Kennedy Court' Over?" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:16 AM by Howard Bashman


Thursday, July 15, 2010

"Issue of Blagojevich jury names creates rift among judges; Justices on the appellate court in Chicago air their disagreement over juror anonymity during the former governor's trial": This article will appear Friday in The Chicago Tribune.

Circuit Judge Richard A. Posner's opinion dissenting from the denial of rehearing en banc, in which three other judges joined, can be accessed here.

The original three-judge panel's amended ruling can be accessed here.
Posted at 11:30 PM by Howard Bashman



"Plaintiffs are three nightclubs where women give erotic dance performances wearing only g-strings and pasties." So begins a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.

The ruling rejects First Amendment, vagueness, and overbreadth challenges to Virginia's alcohol licensing program, which allows such clubs to serve beer and wine but not mixed beverages.
Posted at 10:58 PM by Howard Bashman



Named "Litigator of the Week": Thanks to "The Am Law Litigation Daily" blog for today naming me "Litigator of the Week" in recognition of my client's victory before the U.S. Court of Appeals for the Third Circuit in a decision that issued on Tuesday.

This blog's original post about the decision can be accessed here, while press coverage of the ruling can be found here and here.
Posted at 04:35 PM by Howard Bashman



"Court upholds torture conviction of Taylor's son": The Associated Press has a report that begins, "A federal appeals court has upheld the torture convictions and 97-year sentence imposed on the son of former Liberian President Charles Taylor."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 04:28 PM by Howard Bashman



"Conyers Releases Committee Interview of Torture Memo Author Bybee and Sends to Justice Department": The House Judiciary Committee issued this news release today. The transcript of the interview, and related documents, can be accessed via this link.

In news coverage, Pete Yost of The Associated Press has an article headlined "Lawyer: Some CIA interrogation tactics not OK'd."
Posted at 04:17 PM by Howard Bashman



"Briefs filed supporting right to protest funerals": The Associated Press has this report.
Posted at 04:14 PM by Howard Bashman


"D.C. appeals court upholds same-sex marriage in 5-4 vote": The Washington Post has this news update.
Posted at 01:56 PM by Howard Bashman


"Court strikes challenge to DC gay marriage law": The Associated Press has a report that begins, "D.C.'s highest court has ruled against opponents of the city's same-sex marriage law, saying they cannot ask voters to overturn it."

You can access today's 5-4 ruling of the D.C. Court of Appeals at this link.
Posted at 11:54 AM by Howard Bashman



"Supreme Court upholds Internet luring conviction; Edmonton man believed that a police officer who baited him was a 13-year-old boy": The Canadian Press has this report.

CBC News reports that "Top court upholds internet luring conviction."

The Toronto Sun has a news update headlined "Top court sends internet predator to prison."

And Postmedia News reports that "Top court upholds Edmonton man's child luring conviction."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 10:54 AM by Howard Bashman



"Court's decision offers some clarity on gun laws": The Associated Press has a report that begins, "A federal appeals court upheld a ban on gun possession for a domestic violence offender in a ruling that several anti-violence advocates applauded Wednesday for providing some clarity after the U.S. Supreme Court's recent landmark decision on gun restrictions."

My earlier coverage of Tuesday's en banc Seventh Circuit ruling appears here and here.
Posted at 09:06 AM by Howard Bashman



"Gay-marriage lawsuits escalate; Debate edges closer to Supreme Court as cases in San Francisco, Boston test the U.S. Constitution": Joan Biskupic had this article yesterday in USA Today.
Posted at 08:57 AM by Howard Bashman


"2nd Circuit Seems Open to Release of Some Chevron Film Outtakes; Chevron claims the outtakes will show that plaintiffs counsel Steven Donziger, who is seeking $27 billion in damages for environmental damage, engaged in misconduct in the case": Mark Hamblett has this article today in the New York Law Journal.

The Associated Press reports that "NY judges may limit filmmaker raw footage ruling."

And yesterday's edition of The Los Angeles Times reported that "Chevron and 'Crude's' Joe Berlinger locked in a legal battle; As an appeals process begins over a judge's ruling that director Joe Berlinger surrender outtakes to Chevron, documentarians worry about the chilling effect such action could have on other filmmakers."
Posted at 08:50 AM by Howard Bashman



"N.C. judges Diaz and Wynn play Senate confirmation waiting game": Barbara Barrett of McClatchy Newspapers has this report.

And yesterday in The Star-News of Wilmington, North Carolina, law professor Carl Tobias had an op-ed entitled "Confirm N.C. judgest to Fourth Circuit court."
Posted at 08:42 AM by Howard Bashman



"Specter renews push to let U.S. citizens sue Saudi Arabia over 9/11": This article appears today in The Philadelphia Inquirer.
Posted at 08:37 AM by Howard Bashman


"Convicted Politician's Attorneys Urge Federal Appeals Court to Bounce Big Brief": Shannon P. Duffy had this article yesterday in The Legal Intelligencer.
Posted at 08:32 AM by Howard Bashman


Wednesday, July 14, 2010

"California Chief Justice Ronald George announces retirement": Howard Mintz of The San Jose Mercury News has this update.

Bob Egelko of The San Francisco Chronicle has a news update headlined "State Chief Justice Ron George to retire."

And Maura Dolan of The Los Angeles Times has a blog post titled "California Chief Justice Ronald George announces he will not run for reelection."
Posted at 04:57 PM by Howard Bashman



Chief Justice Ronald M. George of the Supreme Court of California announces that he will leave the judiciary effective January 2, 2011: Some early coverage is available from the "CapitalAccounts" Twitter feed of The Recorder.
Posted at 04:11 PM by Howard Bashman


"In Obscenity Case, Washington Courtroom is Silent": Mike Scarcella and Julio Menache have this post at "The BLT: The Blog of Legal Times."

Mark Kernes of AVN News has items headlined "Stagliano Obscenity Trial: Testimony At Last!"; "AVN Reporter Airs Concerns on Stagliano Case in Letter to Court"; and "Stagliano Judge Rules Jury Need Not See Entire Movies."

Additional coverage of the trial can be accessed at "The Sexist" blog of Washington City Paper.
Posted at 02:24 PM by Howard Bashman



"Judge blocks Neb. abortion law": The Omaha World-Herald has this news update.

And The Associated Press reports that "Judge blocks new Neb. abortion screening law."

I have posted today's ruling of the U.S. District Court for the District of Nebraska at this link.
Posted at 02:11 PM by Howard Bashman



"Convictions reinstated in domestic violence gun case": Bruce Vielmetti has this post today at the "Proof and Hearsay" blog of The Milwaukee Journal Sentinel.

And at his "Sentencing Law and Policy" blog, law professor Doug Berman has a post titled "Skoien and the many challenges of Second Amendment jurisprudence."

My earlier coverage of yesterday's en banc Seventh Circuit ruling appears at this link.
Posted at 02:03 PM by Howard Bashman



"Opposition stalls Kagan vote; GOP cites need to review; vote scheduled for July 20": This article appears today in The Washington Times.

Today in The Los Angeles Times, David G. Savage and James Oliphant report that "NRA urges opposition to Kagan; In a new ad, the group cites Supreme Court Justice Sonia Sotomayor's recent vote to uphold a handgun ban; Meanwhile, the Senate Judiciary Committee delays its nomination vote a week."

The Boston Globe reports that "Senate Republican delays Kagan nomination vote; Sessions sought more time to review her record."

And at Politico.com, Josh Gerstein reports that "Elena Kagan foes court Senate Democrats."
Posted at 10:55 AM by Howard Bashman



"Supreme immodesty: Why the justices play politics." Stuart Taylor Jr. has this op-ed today in The Washington Post.
Posted at 08:17 AM by Howard Bashman


"Naked mannequin creates a stir; Incident sparks debate over legal definition of 'obscene'": This article appeared last Saturday in The Beatrice (Neb.) Daily Sun.
Posted at 08:15 AM by Howard Bashman


"Tribal-rights advocates seek 'fix' in Congress": The Providence (R.I.) Journal today contains an article that begins, "Tribal-rights advocates came in force to Capitol Hill Tuesday to ask Congress to undo last year's Supreme Court ruling that made it harder for Native Americans to set their own rules for the use of certain lands -- including the Rhode Island parcel at issue in the decision."
Posted at 08:12 AM by Howard Bashman


"Should boy born 3 years after dad's death get Social Security? In a highly unusual case, the Utah Supreme Court is considering the rights of a child born to a man who died three years earlier." The Salt Lake Tribune contains this article today.
Posted at 08:11 AM by Howard Bashman


"Penn professor and students help win Supreme Court case": This article appears today in The Philadelphia Inquirer.
Posted at 08:07 AM by Howard Bashman


Tuesday, July 13, 2010

"3rd Circuit Tosses $295 Million Antitrust Deal in De Beers Case": Shannon P. Duffy will have this article, in which I am mentioned, in Wednesday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

This blog's earlier coverage of today's Third Circuit ruling appears here and here.
Posted at 11:44 PM by Howard Bashman



"'Don't Ask, Don't Tell' on trial": The Press-Enterprise of Riverside, California has this news update.

And today's edition of The Los Angeles Times reports that "Military policy on gays faces legal test; The Log Cabin Republicans ask a federal court in Riverside to overturn 'don't ask, don't tell,' saying that it is unconstitutional."
Posted at 11:40 PM by Howard Bashman



"Court rejects De Beers class-action settlement; $272.5 million class action settlement rejected; Lower court must reconsider class make-up": Reuters provides this report.

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 06:17 PM by Howard Bashman



En banc Seventh Circuit rejects Second Amendment challenge to federal law that makes it a crime for anyone "who has been convicted in any court of a misdemeanor crime of domestic violence" to possess a firearm: You can access today's ruling of the en banc U.S. Court of Appeals for the Seventh Circuit at this link. Chief Judge Frank H. Easterbrook wrote the majority opinion. Circuit Judge Diane S. Sykes was the lone dissenter.
Posted at 04:37 PM by Howard Bashman


"Gildea and Stras sworn in as a member of the nation's high court watches": Minnesota Public Radio has this report, which contains audio links to the remarks at the ceremony,

At Politico.com, Ben Smith's blog yesterday had a post titled "Thomas clerk takes Minnesota seat."

The St. Paul Pioneer Press reports today that "New Supreme Court Chief Justice Lorie Gildea says she'll fight against partisan judicial elections and for better court funding; Lorie Gildea makes it clear that she will be a vocal force in her new post as chief justice of Minnesota's high court."

And the "MinnLawyer Blog" yesterday had a post titled "Justice Thomas at Landmark Center for Stras investiture."
Posted at 04:28 PM by Howard Bashman



"Young detainee declined U.S. deal, declares boycott; A Canadian facing a life sentence wouldn't trade five more years at Guantanamo for a guilty plea in war crimes case": Carol Rosenberg has this article today in The Miami Herald.
Posted at 03:30 PM by Howard Bashman


"Appeals court rules against detainee in Gitmo case": Pete Yost of The Associated Press has this report.

James Vicini of Reuters reports that "Court upholds detention of Yemeni at Guantanamo."

And at "SCOTUSblog," Lyle Denniston has a post titled "Sweeping U.S. victory on detainees; Circuit Court chastises judge."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 03:10 PM by Howard Bashman



"Airlines Lose Court Challenge to Higher Airport Fees for Busy Travel Times": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And The Associated Press reports that "Court rejects challenge to higher landing fees."
Posted at 03:02 PM by Howard Bashman



"NYC court tosses US fleeting expletives policy": The Associated Press has a report that begins, "A federal appeals court on Tuesday found that a government policy that can lead to broadcasters being fined for allowing even a single curse word on live television is unconstitutionally vague."

Jim Puzzanghera of The Los Angeles Times has a news update headlined "FCC indecency rule struck down by appeals court; A three-judge panel in New York says a rule on unscripted expletives on live broadcast TV and radio creates a 'chilling effect' in violation of the 1st Amendment; The ruling is a major victory for broadcast networks."

And Bloomberg News reports that "U.S. Appeals Court Strikes Down FCC Indecency Policy."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:17 PM by Howard Bashman



"Live From New Haven: The Potter Stewart Papers." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:54 AM by Howard Bashman


Second Circuit decides various constitutional challenges to provisions of Connecticut's Campaign Finance Reform Act: A single three-judge Second Circuit panel has issued two separate opinions addressing two separate challenges, and you can access those rulings here and here.

Update: In coverage of the rulings, The Hartford Courant has a news update headlined "U.S. Appeals Court Upholds, Rejects Parts Of State Campaign Law."

And The Associated Press reports that "Court tosses part of Conn. campaign funding law."
Posted at 11:03 AM by Howard Bashman



U.S. Court of Appeals for the Third Circuit vacates settlement of De Beers diamonds antitrust class action: The ruling has not yet been posted to the Third Circuit's web site, and thus I have uploaded a copy to this link.

I argued this appeal on January 28, 2010 on behalf of class member-objector Susan M. Quinn, the only objector from whom the Third Circuit heard oral argument. Today, Third Circuit ruled that the settlement must be set aside based on the objections that Ms. Quinn has raised. The audio of the oral argument can be accessed via this link (37.7MB Windows Media audio file).

A Wikipedia entry titled "De Beers Diamonds Antitrust Litigation" provides a bit more background about the case.

Update: The Third Circuit's ruling is now available from that court's web site at this link.
Posted at 10:34 AM by Howard Bashman



"Supreme Court Review: Campaign Cash, Controversy." This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:27 AM by Howard Bashman


Monday, July 12, 2010

"Porn Producer Fighting Rare Obscenity Case; Justice Department's case against John Stagliano tests obscenity law": Mike Scarcella of The National Law Journal has this report.

And Mark Kernes of AVN News reports that "Stagliano Jury Chosen."
Posted at 10:05 PM by Howard Bashman



"Sonia Sotomayor to Publish Memoir": Knopf Doubleday Publishing Group issued this news release today.
Posted at 04:41 PM by Howard Bashman


"Anonymous Ladies and Gentlemen of the Jury: Concerned About Tampering, Threats, Judges Consider Withholding Identities." This article appears today in The Wall Street Journal.

And, on a related note, the U.S. Court of Appeals for the Seventh Circuit today issued this order amending its earlier opinion in United States v. Blagojevich on the issue of withholding the names of jurors from the public.
Posted at 12:21 PM by Howard Bashman



Not lowering expectations: The home page of the web site of the U.S. Court of Appeals for the Federal Circuit now features the following announcement:
Federal Circuit to Debut New Web Site

The Court of Appeals for the Federal Circuit will debut its new web site on Thursday, July 15, 2010. The new site features an elegant interface, enhanced search capabilities for opinions, orders and oral arguments, and Web 2.0 functionality such as RSS feeds.

It will be interesting to see what qualifies as "an elegant interface" with respect to the web site of a federal appellate court.
Posted at 12:14 PM by Howard Bashman


"'Sonia Sotomayor: The True American Dream' presents idolized vision." This book review appeared yesterday in The Kansas City Star.

More information about the book can be accessed here.
Posted at 08:57 AM by Howard Bashman



"Obama, Republicans square off over courts": George Curry had this op-ed yesterday in The Philadelphia Inquirer.
Posted at 08:50 AM by Howard Bashman


"The Post-Gender Justice": Online at The New Republic, Naomi Schoenbaum has an essay that begins, "The past few months have seen plenty of commentary about Elena Kagan's status as one of only a few women ever nominated to the Supreme Court."
Posted at 08:45 AM by Howard Bashman


"New ruling suggests high court may uphold health care law": Today in The Chicago Sun-Times, Abdon M. Pallasch has an article that begins, "A little-noticed case decided by the U.S. Supreme Court this term could signal a willingness by conservative justices to accept President Obama's health-care plan as constitutional, according to a University of Chicago law professor."
Posted at 08:44 AM by Howard Bashman


"Khadr decision to fire lawyers throws hearings into doubt; Canadian charged with terrorism could opt reject his defence team's attempt to suppress evidence": This article appears today in The Toronto Globe and Mail.

In today's edition of The Miami Herald, Carol Rosenberg reports that "Young captive could defend himself; Can a terror suspect who was captured as a teen and has spent a third of his life at Guantanamo be his own attorney? The war court will decide."

And Saturday's edition of The New York Times reported that "Pentagon Ends Guantanamo Reporters' Ban."
Posted at 08:40 AM by Howard Bashman



Sunday, July 11, 2010

"With Supreme Court deadlocked, commission drops Gableman ethics case; Wisconsin judicial panel says decision doesn't exonerate justice": Friday's edition of The Milwaukee Journal Sentinel contained this article.
Posted at 10:34 PM by Howard Bashman


"Chicago gun law may not be bulletproof; Some legal experts unsure parts of new firearms ordinance can survive": This article appears today in The Chicago Tribune.
Posted at 10:32 PM by Howard Bashman


"How law firm missed Family Court conflict": The Philadelphia Inquirer contains this lengthy front page article today.
Posted at 10:24 PM by Howard Bashman


"With votes looming, Supreme Court nominee Elena Kagan plays it cool": This article appears today in The Washington Post.
Posted at 09:00 PM by Howard Bashman


"Kennedy's clout could grow on high court": Mark Sherman of The Associated Press has this report.
Posted at 08:57 PM by Howard Bashman


"The un-routine sets apart Sotomayor's first term": Robert Barnes has this front page article today in The Washington Post.
Posted at 08:52 PM by Howard Bashman


Friday, July 9, 2010

"Gay Marriage, the Old-School Way: Judge Joseph Tauro's courageous ruling in favor of same-sex marriage." Linda Hirshman has this jurisprudence essay online at Slate.
Posted at 11:32 PM by Howard Bashman


"Judge slashes penalty in illegal music downloading case": Jonathan Saltzman of The Boston Globe has a news update that begins, "In a major setback for the recording industry, a federal judge in Boston today slashed a $675,000 damages award that a Boston University graduate student was ordered to pay four record labels for illegally downloading 30 songs and sharing them online."

And The Associated Press reports that "Boston judge cuts penalty in song-sharing case."

You can access today's ruling of the U.S. District Court for the District of Massachusetts at this link.
Posted at 11:18 PM by Howard Bashman



"Stays were common at High Court": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 04:20 PM by Howard Bashman


"Kagan skewers Japanese internment ruling": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 03:58 PM by Howard Bashman


"Feds want court to take another look at Vince Fumo's sentence": The Philadelphia Daily News today contains an article that begins, "Federal prosecutors alleged in a 281-page brief submitted yesterday to the U.S. Court of Appeals in Philadelphia that a federal judge made 'numerous errors' when he handed down 'unduly lenient' sentences for former state Sen. Vince Fumo and onetime aide Ruth Arnao."

The Philadelphia Inquirer reports today that "Feds seek longer Fumo sentence."

And The Associated Press reports that "Feds appeal sentence of powerful ex-Pa. Sen. Fumo."

For the record, the federal government's appellate brief is only 281 pages long if you count the brief's cover page, the tables of contents and authorities, and the certificates following the conclusion of the brief. If those materials are omitted, the brief is a mere 268 pages long.
Posted at 03:57 PM by Howard Bashman



"Ginsburg: Roe will hold." Politico.com has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Ginsburg Eager for Kagan's Arrival."
Posted at 02:44 PM by Howard Bashman



"William Brennan bio on the way": Michael Doyle of McClatchy's Washington Bureau has this post at his "Suits & Sentences" blog.

My most recent earlier mention of that book appeared in a post published one week ago today.
Posted at 09:34 AM by Howard Bashman



"Nonlawyer at 9th Circuit Beats Toyota on Trademark Law": Cheryl Miller has this article today in The Recorder.

Chief Judge Alex Kozinski is the author of yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 09:30 AM by Howard Bashman



"Appeals court rejects U.S. request to restore drilling moratorium": This article appears today in The Times-Picayune of New Orleans.

The New York Times reports today that "Court Rejects Moratorium on Drilling in the Gulf."

The Los Angeles Times reports that "Appeals court says no to Obama drilling moratorium; The administration may try to redraft the six-month ban imposed after the Deepwater Horizon spill in the gulf."

The Wall Street Journal reports that "Judges Reject White House's Drilling Ban Request."

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S. loses -- for now -- on drilling; Gulf moratorium still on hold."

You can access yesterday's order from a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 09:27 AM by Howard Bashman



"'Grim Sleeper' Arrest Fans Debate on DNA Use": The New York TImes contains this article today.

And The Christian Science Monitor has an article headlined "'Grim Sleeper' case raises privacy concerns over use of DNA; 'Grim Sleeper' serial killer case was broken when authorities used DNA taken from the suspect's family members; Is it a breakthrough in police science or an invasion of privacy?"
Posted at 09:21 AM by Howard Bashman



"Judge rejects gay marriage curb; Ruling in Hub calls US law unconstitutional, infringing on state's right": This article appears today in The Boston Globe.

The Boston Herald reports today that "Judge rules fed gay-wed ban illegal."

The New York Times reports that "Judge Topples U.S. Rejection of Gay Unions."

Carol J. Williams of The Los Angeles Times reports that "Part of federal gay marriage ban ruled unconstitutional; The Defense of Marriage Act goes against states' rights and the Equal Protection Clause, a federal judge says in two Massachusetts cases."

The Wall Street Journal reports that "Federal Ban on Gay Marriage Unconstitutional, Judge Says."

Dan Levine of The Recorder reports that "Mass. Federal Judge Strikes Down Federal Ban on Gay Marriage."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Judge: Federal Gay Marriage Ban Is Unconstitutional."

This post of mine from yesterday evening contains links to the trial court's opinions.
Posted at 09:17 AM by Howard Bashman



"'Don't ask, don't tell' foes win legal victory": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "The federal judge overseeing a challenge to the 'don't ask, don't tell' law, scheduled for trial in Southern California next week, has ruled in favor of a gay rights group on a crucial issue -- how much evidence the government needs to justify the ban on openly homosexual members of the armed forces."
Posted at 09:03 AM by Howard Bashman


Thursday, July 8, 2010

"Court rejects bid to restore drilling moratorium": The Associated Press has a report that begins, "A federal appeals court on Thursday rejected the federal government's effort to restore an offshore deepwater drilling moratorium, opening the door to resumed drilling in the Gulf while the legal fight continues."

Reuters reports that "Court refuses stay in deepwater drilling case."

Bloomberg News reports that "U.S. Appeals Court Rejects Six-Month Moratorium on Deep-Water Oil Drilling."

You can access via this link (31.3MB Windows Media audio file) the audio of this afternoon's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 07:48 PM by Howard Bashman



"Judge: Federal gay marriage ban unconstitutional." The Associated Press has a report that begins, "A U.S. judge in Boston has ruled that a federal gay marriage ban is unconstitutional because it interferes with the right of a state to define marriage."

You can access here and here today's related rulings of the U.S. District Court for the District of Massachusetts.
Posted at 05:30 PM by Howard Bashman



"Nevada policy on male guards at female prisons struck down by court": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:26 PM by Howard Bashman


"9th Circuit Reversals See Decline": Lawrence Hurley had this article Tuesday in The Daily Journal of California.
Posted at 02:00 PM by Howard Bashman


"Appeals court rejects Pratt & Whitney jobs move": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:35 AM by Howard Bashman


"Lawyers file final arguments in Troy Davis case": The Savannah Morning News contains this article today.
Posted at 08:20 AM by Howard Bashman


"Westboro files response in Supreme Court case": This article appears today in The York Daily Record.

And The Associated Press reports that "Church says funeral protests are protected."
Posted at 08:17 AM by Howard Bashman



"5th Circuit Judges in Drilling Moratorium Case Have Oil Ties, Report Says": Tresa Baldas of The National Law Journal has this report.

The New York Times reports today that "Obama Asks Court to Reinstate Ban on Deepwater Drilling."

Carol J. Williams of The Los Angeles Times reports today that "Ken Salazar urges court to uphold ban on oil drilling; The Interior secretary tells appellate judges that the moratorium is needed to prevent another disaster in the Gulf of Mexico; But opposing lawyers say the economic harm is too great."

The Times-Picayune reports that "Deepwater drilling moratorium opponents could win battle but lose war."

Jennifer A. Dlouhy of Hearst Washington Bureau reports that "Legal showdown over drilling moratorium looms."

The Associated Press reports that "Appeals court to hear drilling moratorium case."

Reuters reports that "Obama administration set for drill ban legal fight."

And Bloomberg News reports that "Gulf Drilling Ban Should Be Restored, U.S. Lawyers Tell Court of Appeals."
Posted at 08:14 AM by Howard Bashman



"Sotomayor's GOP 'yea' votes remain mute on Kagan; Of 9 Republicans who supported Obama's 1st nominee, 1 is retired": USA Today contains this article today.

And The New York Daily News reports today that "Bronx-born Supreme Court Justice Sonia Sotomayor judges famed Chinese eatery - but not Lindsay Lohan."
Posted at 08:00 AM by Howard Bashman



Wednesday, July 7, 2010

"A Look At This Year's Supreme Court Rulings": This audio segment featuring Tom Goldstein appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:40 PM by Howard Bashman


"N.J. Supreme Court rules insurance company must defend homeowner sued after woman overdoses": The Newark Star-Ledger has a news update that begins, "The state Supreme Court today ruled an insurance company must defend a homeowner in a case in which a party guest overdosed on illegal drugs and alcohol."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 05:47 PM by Howard Bashman



"Unions outspending corporations on campaign ads despite court ruling": Today's edition of The Washington Post contains an article that begins, "Labor unions have dominated spending on independent campaign ads so far this election season, despite a recent Supreme Court decision that freed spending by corporations, a Washington Post analysis shows."
Posted at 05:42 PM by Howard Bashman


"Ex-press magnate Black seeks bail pending appeal": The Associated Press has this report.
Posted at 05:07 PM by Howard Bashman


"2nd Circuit Finds Novartis Drug Reps Not Exempt From Overtime Law; One plaintiffs lawyer says damages could reach $100 million": The New York Law Journal has this report.

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 02:01 PM by Howard Bashman



"Civil Fight Looms for Defendants in Case of Murdered D.C. Lawyer; Acquittal doesn't end legal battle in Wone saga": Jeff Jeffrey and Mike Scarcella of The National Law Journal have this report.
Posted at 01:56 PM by Howard Bashman


"Clemens asks court to revive defamation claims": The Associated Press has this report on a case argued today before the U.S. Court of Appeals for the Fifth Circuit.
Posted at 01:54 PM by Howard Bashman


"Lawsuit filed against Chicago's new gun ordinance": The Chicago Tribune has this news update.
Posted at 12:14 PM by Howard Bashman


"Black Asks Appeals Court for Bail After High Court Honest Services Ruling": Bloomberg News has this report.
Posted at 12:11 PM by Howard Bashman


"Kagan: Harvard Law's $476 million dean." The Associated Press has this report.
Posted at 12:08 PM by Howard Bashman


Tuesday, July 6, 2010

"The record clearly shows that the defendants are fools, but that is not the same as being incompetent." So writes the U.S. Court of Appeals for the Ninth Circuit in a ruling issued today addressing whether the defendants in a criminal case were properly allowed "to represent themselves and assert an absurd legal theory wrapped up in Uniform Commercial Code gibberish."
Posted at 02:56 PM by Howard Bashman


"Business method patents nearly bite the dust; Reflecting on Justice Stevens' lost majority opinion in Bilski": Tom Goldstein has this post at "SCOTUSblog."
Posted at 02:37 PM by Howard Bashman


Second Circuit issues ruling in In re Novartis Wage and Hour Litigation: Are pharmaceutical sales reps entitled to overtime pay under the Fair Labor Standards Act if they work more than 40 hours per week? That's the question that a three-judge panel of the U.S. Court of Appeals for the Second Circuit decided today.

The U.S. District Court for the Southern District of New York had ruled in favor of Novartis, holding that drug company sales reps are not entitled to overtime pay due to FLSA exemptions for "outside salesmen" and "administrative employees."

Today's Second Circuit ruling disagrees, thereby reinstating the sales reps' claims for overtime pay. Among other things, the Second Circuit notes that pharmaceutical sales reps don't actually sell anything to anyone.

In coverage of today's ruling, Bloomberg News reports that "Novartis AG's Salespeople Covered by Wage Laws, U.S. Appeals Court Rules."
Posted at 02:15 PM by Howard Bashman



"Bad news for Obama: Conservative Justice Kennedy tells pals he's in no rush to leave Supreme Court." The New York Daily News contains this article today.
Posted at 01:30 PM by Howard Bashman


"Free Speech in Question When Talking Out of School": This article appeared Saturday in The Wall Street Journal.
Posted at 01:24 PM by Howard Bashman


Alphabetize this! Sure, it may be a zillion degrees outside, and, yes, my son and I attended last night's Phillies-Braves game, but nevertheless appellate briefs demand to be finalized and filed (as on Friday I filed one in the Superior Court of Pennsylvania and today I'm filing one in the Third Circuit).

Given that this began as, and remains, an "appellate" blog, the following question presents itself -- How should unusual case names be alphabetized in an appellate brief's table of authorities? For example, assume you cite the following four cases in your appellate brief:

United States v. Jones;

United States v. $154,362.05 in U.S. Currency;

United States v. 75 Broken Television Sets; and

United States v. Smith.

How should those cases be alphabetized in the brief's table of authorities? We will leave the question of how to alphabetize case names that begin with "In re"; "Ex parte"; etc. for a later post. Readers with informed views on this question are invited to respond to this post via email. Thanks much!

Update: I will run a post later featuring reader responses, which have already begun to arrive. Perhaps in a follow-up post, i will also ask for reader input on how to "alphabetize" cases that have identical names.
Posted at 11:55 AM by Howard Bashman



"Defendants Squeezed by Georgia's Tight Budget": Adam Liptak has this new installment of his "Sidebar" column in today's issue of The New York Times.
Posted at 11:44 AM by Howard Bashman


Monday, July 5, 2010

"Lawyering Suits Pile Up at High Court; During 2009-2010 term, some 20 percent of the decision docket involved cases on lawyering": Marcia Coyle of The National Law Journal has this report.
Posted at 04:30 PM by Howard Bashman


"Troy Davis case full of murky legal questions": The Associated Press has this report.
Posted at 04:28 PM by Howard Bashman


"She blinded me with science": The Associated Press has an article headlined "Ga. top court finds teacher not liable for injury" that begins, "The Georgia Supreme Court says a Forsyth County teacher can't be held liable for a student's injury during a bottle rocket experiment."

You can access today's 4-3 ruling of the Supreme Court of Georgia -- which apparently is not closed today in celebration of the Independence Day holiday -- at this link. The majority opinion begins, "David Dollar suffered an eye injury during a science experiment performed in his eighth-grade science class taught by appellant Patricia Grammens."

The title of this post is courtesy of Thomas Dolby.
Posted at 04:22 PM by Howard Bashman



Sunday, July 4, 2010

"Summary rulings spike at the high court": Tony Mauro of The National Law Journal has this report.

That publication has also posted online this chart showing who argued the most cases at the U.S. Supreme Court during the October 2009 Term.
Posted at 08:57 PM by Howard Bashman



Texas Education Agency's policy requiring its employees to maintain "neutrality" with respect to the teaching of evolution and creationism does not have the "primary effect" of advancing religion, Fifth Circuit rules: You can access Friday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

The Associated Press has this report on the ruling. Earlier news coverage of the case can be accessed here and here.
Posted at 08:54 PM by Howard Bashman



Saturday, July 3, 2010

Available online from Slate: Dahlia Lithwick has a jurisprudence essay entitled "Thurgood Marshall Made Them Do It: How Republicans inadvertently made the case for confirming Elena Kagan."

And William Saletan has an essay entitled "When Kagan Played Doctor: Elena Kagan's partial-birth abortion scandal."
Posted at 11:52 PM by Howard Bashman



"High court nominees' cautious answers frustrate senators": Robert Barnes will have this article Sunday in The Washington Post.
Posted at 11:48 PM by Howard Bashman


"Conservative justices leave their mark": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 11:47 PM by Howard Bashman


En banc Seventh Circuit issues lengthy RLUIPA ruling: Circuit Judge Richard A. Posner wrote the majority opinion. The case presents the question of how to construe a section of the Religious Land Use and Institutionalized Persons Act stating that "no government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution."
Posted at 02:46 PM by Howard Bashman


This just in: Moments ago, Justice Sonia Sotomayor entered the New York Yankees radio broadcast booth, leading announcers John Sterling and Suzyn Waldman to remark that having Justice Sotomayor in the broadcast booth always results in good luck for the Yankees. Moments later, left fielder Brett Gardner hits a grand slam to give the Yankees an 8-2 lead in the bottom of the third inning.

In all, the Yankees scored 11 runs that half-inning, sending 15 batters to the plate, leading Sterling to suggest that Justice Sotomayor should renounce her post on the U.S. Supreme Court and simply follow the team around.
Posted at 02:31 PM by Howard Bashman



"Identities of Blagojevich jurors could be made public; Appeals court says media's request for names was not too late": This article appears today in The Chicago Tribune.

Chief Judge Frank H. Easterbrook is the author of yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 02:26 PM by Howard Bashman



"Ark. woman's lawsuit against airline dismissed": The Associated Press has a report that begins, "A federal appeals court has upheld the dismissal of an Arkansas woman's lawsuit claiming she was illegally imprisoned on an American Airlines plane for 9 1/2 hours."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 02:15 PM by Howard Bashman



Friday, July 2, 2010

"Roberts proves First Amendment prowess in latest term ": David L. Hudson Jr. has this commentary online at the First Amendment Center.
Posted at 04:50 PM by Howard Bashman


"Chicago approves new handgun restrictions; 45-0 vote comes after Supreme Court hits city on gun ban": Abdon M. Pallasch of The Chicago Sun-Times has this news update.

The Chicago Tribune has a blog post titled "City Council passes Daley gun restrictions 45-0."

And The Associated Press reports that "Chicago approves tough new handgun restrictions."
Posted at 04:25 PM by Howard Bashman



"Major fight brews on Munaf; The other 2008 detainee ruling": Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:48 PM by Howard Bashman


"Teen resolute in fight to have pledge said in classrooms; Arlington school board deadlocked on issue": This article appeared Wednesday in The Boston Globe.
Posted at 01:47 PM by Howard Bashman


In today's mail: An advance reading copy of the eagerly awaited book "Justice Brennan: Liberal Champion" by Seth Stern and Stephen Wermiel. The book's official publication date is October 4, 2010, which of course is the first Monday in October.
Posted at 01:40 PM by Howard Bashman


Thursday, July 1, 2010

"Republicans Press Kagan on Social Issues": This article appears today in The New York Times, along with an editorial entitled "Confirm Elena Kagan."

Today's edition of The Washington Post contains articles headlined "Kagan finishes Supreme Court confirmation hearings" and "At hearings, Elena Kagan charmed her critics -- and seemed to enjoy herself," along with an editorial entitled "Meaningful dialogue between a Republican and Obama's nominee."

James Oliphant of The Los Angeles Times reports that "Kagan slips on fruits and vegetables in Senate panel questioning; The Supreme Court nominee's otherwise smooth testimony bodes well for her confirmation, but conservatives have a field day with one embarrassing answer." In addition, columnist Doyle McManus has an op-ed entitled "Political rhetoric gets a hearing: Elena Kagan's confirmation hearing gave both parties a chance to broadcast their views, with the GOP radical, cohesive and fierce; the Democrats, scattered, diverse and only occasionally fierce."

Joan Biskupic of USA Today reports that "Kagan approval seems sure as her testimony ends; Nominee defends current court's 'good faith' efforts."

The Wall Street Journal contains articles headlined "Confirmed: Hearings Aren't Pleasing Anybody" and "Amid All the Talk, a Willingness to Curb Some Speech."

McClatchy Newspapers report that "Kagan seems to be cruising toward easy confirmation."

The Philadelphia Inquirer reports that "Specter says he could vote against Kagan."

And law.com reports that "On Final Day of Questioning, Kagan Refuses to Define Her Views."
Posted at 08:32 PM by Howard Bashman



"Getting to know her: A portrait of Kagan emerges." The Associated Press has this report.
Posted at 03:16 PM by Howard Bashman


"Confirming the Two North Carolina Nominees to the U.S. Court of Appeals for the Fourth Circuit": Law professor Carl Tobias has this essay online at FindLaw.
Posted at 02:44 PM by Howard Bashman


"State Supreme Court deadlocked on Gableman ethics case": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "A fractured state Supreme Court deadlocked Wednesday on the fate of Justice Michael Gableman's ethics case, failing to agree on an outcome or even a way forward in the matter. The dueling opinions, released late in the night without the court's usual advance notice, showed the increasing dysfunction of an ideologically split court that is seeking to decide on whether to discipline one of its own."

The Associated Press reports that "Supreme Court deadlocks in Gableman ethics case."

And the Wisconsin Law Journal reports that "Justices split on Gableman decision."

You can access here and here yesterday's dueling opinions of the evenly divided Supreme Court of Wisconsin.
Posted at 02:40 PM by Howard Bashman



"The old Philly neighborhood remembers Kagan's family": This article appears today in The Philadelphia Inquirer.
Posted at 01:52 PM by Howard Bashman


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