How Appealing

Tuesday, August 31, 2010

"Discovery Rule Exception in Hormone Replacement Cases Ruled a Jury Question": Amaris Elliott-Engel will have this article, in which I am mentioned, in Wednesday's edition of The Legal Intelligencer.

My most recent earlier coverage of the ruling appears at this link.
Posted at 11:44 PM by Howard Bashman



"Dallas judge's ruling saying gay couple could divorce in Texas rejected on appeal": The Dallas Morning News has this update.

And The Associated Press reports that "Court says gay couples can't divorce in Texas."

You can access today's ruling of Texas' Fifth District Court of Appeals at Dallas by clicking here.
Posted at 08:20 PM by Howard Bashman



"Legal group seeks to force Calif to defend Prop 8": The Associated Press has this report.
Posted at 05:42 PM by Howard Bashman


"Khadr terror trial to resume Oct. 18 at Guantanamo": Carol Rosenberg of The Miami Herald has this news update.

And The Associated Press reports that "Guantanamo trial of Canadian to resume in October."
Posted at 03:32 PM by Howard Bashman



Just in time for the height of the Halloween shopping season: It's not every day here at "How Appealing" that I get to link to the blog "Vampire Wire," but today marks the official on-sale date for my wife's first published book, "Wanted Undead Or Alive: Vampire Hunters and Other Kick-Ass Enemies of Evil." Recently, the "Vampire Wire" blog published this interview of my wife and her co-author.

The book is on-sale in bookstores everywhere today, and it can be ordered online via links that appear at the bottom of the web page that you can access by clicking here.

All this talk about vampire hunters reminds me of the humorous characterization of appellate judges (featured as a slogan at the now-defunct blog "Have Opinion, Will Travel") as those who "sit above the fray as the battle unfolds beneath and when the smoke clears and the dust settles, they descend from their lofty perches and shoot the wounded."
Posted at 02:58 PM by Howard Bashman



"Full appeals court refuses to rehear Gitmo ruling": The Associated Press has this report.

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Denies Rehearing in Guantanamo Detainee Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Diminishing a precedent: Detainee decision pared down?"

You can access today's order of the U.S. Court of Appeals for the D.C. Circuit denying rehearing en banc, along with concurring statements that total 112 pages, at this link.
Posted at 02:10 PM by Howard Bashman



A patent attorney purchases bow ties at Brooks Brothers and litigation ensues: The U.S. Court of Appeals for the Federal Circuit issued this ruling today.
Posted at 11:12 AM by Howard Bashman


"In Canada's Supreme Court, Cameras are No Big Deal": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 10:35 AM by Howard Bashman


"The go-to guy in California's high court headquarters: Frederick Ohlrich is clerk of the California Supreme Court -- its keeper of records, its historian and its biggest fan; If you're a lawyer preparing to address the justices, he has some tips for you." Maura Dolan has this article today in The Los Angeles Times.
Posted at 10:30 AM by Howard Bashman


Monday, August 30, 2010

"Protest at military funeral ignites a test of free speech; High court to weigh claim of harassment": Joan Biskupic has this front page article today in USA Today.
Posted at 10:32 PM by Howard Bashman


"Legal logjam leaving judges' seats empty in federal courts; The politicized confirmation process has left nearly 1 in 8 posts empty; Republicans say it's part payback, but they argue that Obama has been slow to nominate judges": Carol J. Williams will have this article Tuesday in The Los Angeles Times.
Posted at 10:30 PM by Howard Bashman


In jurisprudence essays available online from Slate: Dahlia Lithwick has essays entitled "The Female Factor: Will the presence of three women really change the court in any real way?" and "The Mother of All Grizzlies: Ruth Bader Ginsburg shows how feminism is done. Again."
Posted at 08:37 PM by Howard Bashman


"Pfizer Settles Prempro Case on Breast Cancer Before Retrial on Damages": Jef Feeley of Bloomberg News had this report last Friday.

And in early news coverage of the ruling that is the subject of the post immediately below, Amaris Elliott-Engel of The Legal Intelligencer has a news update headlined "Superior Court Revives Future of 1,000 HRT Cases."
Posted at 05:21 PM by Howard Bashman



Pa. Superior Court reverses entry of summary judgment against plaintiffs, on statute of limitations grounds, in fourteen consolidated hormone replacement therapy breast cancer appeals: You can access today's ruling of the Superior Court of Pennsylvania at this link.

As noted in this earlier post, I wrote plaintiffs' consolidated appellate briefs and also presented oral argument on behalf of all plaintiffs when the appeals were argued together on July 21, 2009.
Posted at 04:17 PM by Howard Bashman



"Third Circuit Grants En Banc Review of Panel Decision Overturning $272.5 Million DeBeers Class Action Settlement": That is the title of a post that appears today at "The Am Law Litigation Daily" blog. A subscription is required to read the entire post.

You can access last Friday's order of the U.S. Court of Appeals for the Third Circuit at this link. My earlier coverage of the original three-judge panel's ruling can be accessed via this link.
Posted at 04:12 PM by Howard Bashman



"Secret showdown set for Islamic charity": Today at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post that begins, "One of the nation's most prominent Muslim organizations, the North American Islamic Trust, is set to face off with the U.S. government in a federal appeals court Monday."
Posted at 11:42 AM by Howard Bashman


Sunday, August 29, 2010

"Under the U.S. Supreme Court: The way of the cross." UPI has this report.
Posted at 07:46 PM by Howard Bashman


"Weaver to resign; Justice ends 16 years on Supreme Court": This past Thursday's edition of The Traverse City Record-Eagle contained an article that begins, "Justice Elizabeth Weaver, of Glen Arbor, whose frequent battles with fellow Republican justices over the past decade exposed deep political and personal rifts on the Michigan Supreme Court, plans to resign today." And Friday's edition of the newspaper reported that "Local judge to replace Weaver on court."

In Friday's edition of The Detroit Free Press, Dawson Bell had articles headlined "New appointment, Elizabeth Weaver's exit shake up Michigan Supreme Court; Elizabeth Weaver denies talks with Granholm to name Alton Davis were shady" and "Roots a boost for new justice; Davis, like Weaver, hails from Up North."

Friday's edition of The Detroit News reported that "Surprise Granholm appointment changes state Supreme Court makeup; Weaver steps down; Gov appoints appeals judge Davis" and "Davis could be consensus-builder state Supreme Court needs, lawyers say." And today's newspaper reports that "GOP picks Wayne judge to reclaim Supreme Court seat."

Friday's edition of The Petoskey News-Review reported that "Michigan high court's newest justice has local ties."

And Booth Newspapers reported on Friday that "Granholm's Supreme Court appointee following Justice Elizabeth Weaver's surprise resignation changes dynamics of court and fall election."
Posted at 09:38 AM by Howard Bashman



Saturday, August 28, 2010

"Court allows agents to secretly put GPS trackers on cars": At CNN.com, Dugald McConnell has a report that begins, "Law enforcement officers may secretly place a GPS device on a person's car without seeking a warrant from a judge, according to a recent federal appeals court ruling in California."
Posted at 05:02 PM by Howard Bashman


"Iowa foes of same-sex marriage seek to oust judges who legalized it": This article appeared yesterday in The Washington Post.
Posted at 04:58 PM by Howard Bashman


"Nine Justices and Ten Commandments": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 04:55 PM by Howard Bashman


"Ginsburg talks about television and the high court": The Associated Press has this report.

And The Gazette of Colorado Springs, Colorado has a news update headlined "Supreme Court justice discusses advances for women."
Posted at 04:25 PM by Howard Bashman



Thursday, August 19, 2010

Programming note: Late every August since this blog began in May 2002, I have taken a one-week vacation from blogging. This year's vacation from blogging begins now. Additional posts will appear here on Saturday, August 28th. Until then, perhaps we will cross paths here, here, here, or here.
Posted at 11:00 PM by Howard Bashman


"Leaving Big Law Behind: The many frustrations that cause well-paid lawyers to hang out their own shingles." Jill Priluck has this essay online at Slate.
Posted at 10:50 PM by Howard Bashman


"Judge's book raises some eyebrows; Gertner memoirs focus on her decades as advocate for women": Jonathan Saltzman has this article today in The Boston Globe.
Posted at 10:48 PM by Howard Bashman


"Court grants petition to unseal documents in Orie case": The Pittsburgh Post-Gazette today contains an article that begins, "The state Supreme Court granted a petition by the Pittsburgh Post-Gazette on Wednesday to unseal documents related to a grand jury probe of state Sen. Jane Clare Orie that resulted in numerous criminal charges against her and her sister, Janine Orie. The grand jury said the sisters assigned state employees to work on the state Supreme Court campaign of a third Orie sister -- Supreme Court Justice Joan Orie Melvin."

You can access yesterday's order of the Supreme Court of Pennsylvania at this link.
Posted at 10:37 PM by Howard Bashman



"Utah A.G. may join effort opposing violent video game ban": Robert Gehrke of The Salt Lake Tribune has this news update.
Posted at 10:32 PM by Howard Bashman


Victoria's Secret must face trademark infringement trial over "Delicious" hot pink tank-top: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:20 PM by Howard Bashman


"Court Rejects Challenge to Curriculum Guide on Genocide": Mark Walsh of Education Week has this post at his "School Law" blog.

My earlier coverage of last week's First Circuit ruling appears at this link.
Posted at 05:10 PM by Howard Bashman



Wednesday, August 18, 2010

"Elect judges so they can be held accountable": Tom Parker, an Associate Justice serving on the Supreme Court of Alabama, has this op-ed today in The Des Moines Register.
Posted at 11:24 PM by Howard Bashman


"9th Circuit Panel for Prop 8 Appeal Won't Be Known for Months": Kate Moser of The Recorder has this report.
Posted at 11:21 PM by Howard Bashman


"Conrad Black's lawyers, federal prosecutors clash over 2007 conviction; Lawyers for former media baron say government can't prove trial error was harmless": Ameet Sachdev had this article yesterday in The Chicago Tribune.

The Toronto Star reported yesterday that "Conrad Black's lawyers urge court to drop all convictions."

And Bloomberg News reports that "Conrad Black's Criminal Conviction Should Stand, U.S. Tells Appeals Court."
Posted at 11:18 PM by Howard Bashman



"Keller still fighting 'public warning'": The Houston Chronicle has this report.
Posted at 11:15 PM by Howard Bashman


"Court says lying about Medal of Honor no crime": Bob Egelko has this article today in The San Francisco Chronicle.

And The Inland Valley Daily Bulletin reports today that "Ruling on Stolen Valor Act upsets vets."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 11:12 PM by Howard Bashman



"Lawyer: Expect 'powerful' statement from Supreme Court on Westboro case; Sean Summers spoke to a Rotary Club of York lunch crowd today about the case involving church protesters and a military funeral." The York (Pa.) Daily Record has this news update.
Posted at 11:08 PM by Howard Bashman


"Kentucky commandments backers plan appeal optimistic of new Supreme Court": The Louisville Courier-Journal has this report.
Posted at 11:06 PM by Howard Bashman


"Court: Crosses along Utah highways unconstitutional." The Salt Lake Tribune has a news update that begins, "The 10th U.S. Circuit Court of Appeals ruled Wednesday that 14 crosses placed along Utah highways to honor fallen Utah Highway Patrol troopers violate the U.S. Constitution."

The Deseret News has an update headlined "Court rules in favor of atheist group; highway crosses for fallen troopers unconstitutional; Utah's attorney general strongly disagrees with appeals court."

Warren Richey of The Christian Science Monitor reports that "Roadside crosses for fallen Utah police unconstitutional, court rules; The 10th US Circuit Court of Appeals ruled Wednesday that 12-foot-high crosses honoring fallen members of the Utah Highway Patrol effectively endorse Christianity -- and violate the separation of church and state -- by going beyond the 'more humble spirit of small roadside crosses.'"

Bill Mears of CNN.com reports that "Federal appeals court says highways' crosses are unconstitutional."

And The Associated Press reports that "Appeals court rules against Utah memorial crosses."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 09:02 PM by Howard Bashman



"State won't defend abortion law": The Omaha World-Herald has a news update that begins, "Saying an appeal would be a waste of money with little chance of winning, Attorney General Jon Bruning said Wednesday that he will not appeal a judge's ruling that blocked a new Nebraska anti-abortion law."

And The Associated Press reports that "Neb. AG won't defend law on abortion screenings."

My earlier coverage of last month's ruling appears at this link.
Posted at 02:47 PM by Howard Bashman



"How 1997 ruling might thwart Prop. 8 appeal": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 01:33 PM by Howard Bashman


"Harvard Leads Among Supreme Court Law Clerks": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 01:32 PM by Howard Bashman


"7th Circuit Nominee's Net Worth: Nearly $20M." At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Victoria Nourse, a nominee for the U.S. Court of Appeals for the 7th Circuit, would likely leap into the ranks of the wealthiest federal judges if she is confirmed."
Posted at 01:30 PM by Howard Bashman


Tuesday, August 17, 2010

"3rd Circuit Gives Thumbs Down to 'Fraud-Created Market' Theory": Shannon P. Duffy has this article today in The Legal Intelligencer reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 08:46 PM by Howard Bashman


"Ruling: Foreign countries owe no NYC property tax." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 08:40 PM by Howard Bashman


"Appeal in Pa. soldier's electrocution is rejected": The Associated Press has a report that begins, "An appeals court has refused to dismiss a lawsuit brought by the parents of a Pittsburgh-area soldier electrocuted in an Army barracks shower in Iraq."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 04:10 PM by Howard Bashman



"9th Circuit finds a right to lie": At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post that begins, "In a major First Amendment decision Tuesday, the U.S. Court of Appeals for the 9th Circuit struck down a federal law making it a crime to falsely claim a military honor or decoration. In a 2-1 ruling, the appeals court panel found that the poetically-named Stolen Valor Act is unconstitutional."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 04:05 PM by Howard Bashman



"U.S. Supreme Court refuses to toss out $20,000 in sanctions levied against 'Birther' attorney Orly Taitz": The Ledger-Enquirer of Columbus, Georgia contains this article today.
Posted at 01:08 PM by Howard Bashman


"Finally, a convict's third strike is struck; Gregory Taylor was a homeless man when he was arrested for trying to break into a church; His third strike brought a harsh sentence -- but now he's going free, thanks to two Stanford law students": This article appears today in The Los Angeles Times.
Posted at 12:52 PM by Howard Bashman


Monday, August 16, 2010

"Court halts Calif. gay marriages pending appeal": The Associated Press has a report that begins, "A federal appeals court put same-sex weddings in California on hold indefinitely Monday while it considers the constitutionality of the state's gay marriage ban."

The San Francisco Chronicle has a news update headlined "Appeals court puts same-sex ruling on hold."

And Howard Mintz of The San Jose Mercury News has an update headlined "Appeals court puts Proposition 8 ruling on hold, sets December hearing."

I have posted the order of the U.S. Court of Appeals for the Ninth Circuit granting a stay at this link.
Posted at 07:12 PM by Howard Bashman



"Supreme Court denies Keller appeal": Chuck Lindell of The Austin American-Statesman has this blog post.

And The Associated Press reports that "Judge's reprimand in death penalty case stands."
Posted at 02:00 PM by Howard Bashman



"Supreme Court upholds 'birther' sanction": The Associated Press has this report.
Posted at 10:32 AM by Howard Bashman


"Special-interest spending surges in state Supreme Court campaigns": Dan Eggen has this article today in The Washington Post.

The Washington Times reports today that "Judge-race funding doubles in a decade; Raises concern about influence brought to bear."

The Birmingham News reports that "Alabama judges spend far more on elections than other states in 2000-2009."

The Detroit Free Press reports that "Michigan supreme court races sure to draw big spenders, study says."

The Columbus Dispatch reports that "Ohio's high-court races are flush with cash."

The Philadelphia Inquirer contains an article headlined "Study: Pa. judicial elections big on special-interest donations."

The Associated Press has a report headlined "Report: Judicial spending doubles in last decade."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Report: Too Much Money Going To State Court Races."

Today the Justice at Stake Campaign, the Brennan Center for Justice at NYU School of Law, and the National Insitutue of Money in State Politics issued a report titled "The New Politics of Judicial Elections, 2000-2009: Decade of Change." You can access the complete report by clicking here.
Posted at 09:37 AM by Howard Bashman



Sunday, August 15, 2010

"Recktenwald picked to lead high court; Lingle chooses the associate justice a week after the Senate rejects her initial nominee": This article appeared yesterday in The Honolulu Star-Advertiser.

And today's newspaper contains an article headlined "New pick, same judicial evaluation; The bar association's president defends its process as fair but says it will be reviewed."
Posted at 10:32 AM by Howard Bashman



"Legal battles over land claims possibly helped Oneidas": Today's edition of The Post-Standard of Syracuse, New York contains an article that begins, "The Oneida Indian land claim might be dead after an appeals court decision last week, but the 40-year legal battle might have helped lay the seeds of the prosperity the New York tribe now enjoys."

My earlier coverage of last Tuesday's Second Circuit ruling appears at this link.
Posted at 10:27 AM by Howard Bashman



"'Justice of Law' Sonia Sotomayor cracks jokes at Lehman College at Dream Big Initiative event": This article appears today in The New York Daily News.
Posted at 10:25 AM by Howard Bashman


"Under the U.S. Supreme Court: Kennedy key to gay marriage." Michael Kirkland of UPI has this report.
Posted at 10:23 AM by Howard Bashman


"Protests at funerals a test of free speech; High court to hear Kansas church case": Mark Arsenault had this article Saturday in The Boston Globe.
Posted at 08:37 AM by Howard Bashman


"Who's a Pirate? U.S. Court Sees Duel Over Definition." This article appeared yesterday in The Wall Street Journal.
Posted at 08:35 AM by Howard Bashman


Saturday, August 14, 2010

"Prop. 8 backers ask for permanent hold on same-sex marriage ruling; In an emergency appeal, they contend that Judge Vaughn R. Walker's ruling overturning California's gay marriage ban flouted the law and ignored the evidence": Maura Dolan has this article today in The Los Angeles Times.

Today in The San Jose Mercury News, Howard Mintz has an article headlined "Prop. 8 case: Appeals court considering whether to keep same-sex marriage on hold."

And at "SCOTUSblog," Lyle Denniston has a post titled "Prop. 8: Who speaks for California?"
Posted at 11:38 PM by Howard Bashman



In jurisprudence essays available online at Slate: Dahlia Lithwick has an essay entitled "What Will Anthony Kennedy Do on Gay Marriage? It's the question driving the entire Prop 8 train."

And Emily Bazelon has an essay entitled "The Best Way for Proposition 8 To Lose: Let's cheer if gay marriage opponents decide not to appeal--but not if they can't."
Posted at 10:40 AM by Howard Bashman



"Radio Host Is Convicted for Comments on Judges": The New York Times today contains an article that begins, "A right-wing Internet radio host was convicted on Friday by a federal jury in Brooklyn of threatening three federal judges who had issued a ruling he disagreed with."

The New York Daily News reports today that "Conservative Internet shock jock Harold (Hal) Turner convicted of threatening to kill Chicago judges."

The New York Post reports that "Radio shock-jock convicted for threatening the lives of three judges."

The Jersey Journal reports that "Hal Turner, North Bergen Internet shock jock, convicted of death threat charge."

The Bergen County Record reports that "North Bergen shock jock Hal Turner guilty of threatening judges in blog post."

The Associated Press reports that "NJ blogger convicted of threatening Ill. judges."

Bloomberg News reports that "Internet Radio Host Turner Convicted of Threatening Lives of Three Judges."

And Mark Fass of New York Law Journal reports that "In Third Trial, Blogger Found Guilty of Threatening 7th Circuit Judges."
Posted at 09:10 AM by Howard Bashman



Friday, August 13, 2010

"Judges Divided Over Rising GPS Surveillance": Charlie Savage will have this article Saturday in The New York Times.
Posted at 08:40 PM by Howard Bashman


"McNamee lawyer hails Clemens appeal ruling": The AP has this report.

My earlier coverage of yesterday's Fifth Circuit ruling appears at this link.
Posted at 02:16 PM by Howard Bashman



"Federal appeals court in NY rules against ACORN": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:55 PM by Howard Bashman


"Omar Khadr defense attorney being airlifted from Guantanamo": Carol Rosenberg of The Miami Herald has a news update that begins, "The military was evacuating Omar Khadr's lone defense attorney from this remote Navy base for medical treatment on U.S. soil Friday, indefinitely delaying the first full war crimes trial of the Obama administration."

Today's edition of The Toronto Globe and Mail contains an article headlined "Khadr jury to decide: jihadist or scared teen; Two versions of events emerge before Canadian's lawyer collapses, pausing trial."

Today in The Wall Street Journal, Jess Bravin reports that "Gitmo Trial Revisits Days Following Capture."

The Toronto Star reports that "Omar Khadr's lawyer collapses in court; Military attorney, who had gall bladder surgery six weeks ago, taken by ambulance to hospital."

And The Toronto Sun contains articles headlined "Khadr's lawyer hospitalized, trial delayed" and "Widow of dead U.S. soldier emotional at Khadr's trial."
Posted at 08:40 AM by Howard Bashman



"2nd Circuit Finds Attorney Violated Drug Document Order in Zyprexa Suit": law.com has this report.

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:30 AM by Howard Bashman



"Isaacs Obscenity Trial Set For February": Mark Kernes of AVN News has this report.

And XBIZ Newswire reports that "National Community Standards Could Be Used in Isaacs Obscenity Case."
Posted at 08:27 AM by Howard Bashman



"Feds pound at Turner, pointing out email to U.S. marshal that suggests violence": Today's edition of The Jersey Journal contains an article that begins, "North Bergen blogger and Internet shock jock Hal Turner took the witness stand for a second straight day today during his third trial on federal charges that comments he posted on his blog in June 2009 amounted to an incitement to kill three federal judges in retribution for their ruling in a federal gun law case."

And New York Law Journal reports that "Case of Blogger Accused of Threatening Judges Is Expected to Go to Jury Soon."
Posted at 08:22 AM by Howard Bashman



Thursday, August 12, 2010

"Army defender on morphine after collapsing at war court": Carol Rosenberg of The Miami Herald has a news update that begins, "Omar Khadr's lone defense attorney, an Army lieutenant colonel, collapsed in court Thursday and was taken away to a base hospital on a stretcher, halting the first day of the Canadian's war crimes trial."
Posted at 10:35 PM by Howard Bashman


"Roger Clemens loses appeal in steroid defamation suit against former trainer Brian McNamee": The New York Daily News has this update.

And The Associated Press reports that "Roger Clemens loses defamation lawsuit appeal."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:30 PM by Howard Bashman



"US Court of Appeals rules against deniers of the Armenian Genocide": Public Radio of Armenia has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday but posted online today.
Posted at 10:22 PM by Howard Bashman


"Court OKs use of tracking devices in Medford drug case; Suspect Juan Pineda-Moreno challenged use of the electronic bugs after his arrest last year for possession of marijuana": This article appeared earlier this year in The Mail Tribune of Medford, Oregon reporting on a ruling that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued.

Today, the Ninth Circuit issued an order denying rehearing en banc in the case, over the passionate dissent of Chief Judge Alex Kozinski in which four other judges joined.

As Judge Kozinski's dissent observes, "There's been much talk about diversity on the bench, but there's one kind of diversity that doesn't exist: No truly poor people are appointed as federal judges, or as state judges for that matter. Judges, regardless of race, ethnicity or sex, are selected from the class of people who don't live in trailers or urban ghettos. The everyday problems of people who live in poverty are not close to our hearts and minds because that's not how we and our friends live."
Posted at 04:27 PM by Howard Bashman



Congratulations to my wife on the very positive Publishers Weekly review of her forthcoming book, "Wanted Undead Or Alive: Vampire Hunters and Other Kick-Ass Enemies of Evil." You can access the review directly at this link and also here (scroll down). Additional information about the book, including links to pre-order, can be accessed here.
Posted at 03:54 PM by Howard Bashman


Stay of judgment denied in California's same-sex marriage Proposition 8 case: The docket entry text for this afternoon's order states, "ORDER by Judge Walker denying Motion to Stay. The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8." You can access the district court's ruling at this link.

In early news coverage, The Associated Press reports that "Judge keeps gay marriages in California on hold."
Posted at 03:39 PM by Howard Bashman



"Junk science? Another inmate on death row fights to disprove arson." CNN.com has this report.
Posted at 02:40 PM by Howard Bashman


"Prosecutors: Gitmo inmate took pride in slaying." The Associated Press has this report.
Posted at 02:04 PM by Howard Bashman


"Court Orders Lawyer to Return Documents About an Eli Lilly Drug": This article appeared in December 2006 in The New York Times. And in early 2007, the newspaper published related articles headlined "Judge Rules Drug Documents Must Be Returned to Eli Lilly" and "Documents Borne by Winds of Free Speech."

Today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this decision affirming the injunction against that lawyer.

In September 2008, the documents in question appear to have been unsealed, according to another NYTimes article.
Posted at 12:03 PM by Howard Bashman



"Judge finalizes jury for war-crimes case; A military judge seated a jury in the case of a Canadian accused of killing an American soldier when he was 15": Carol Rosenberg has this article today in The Miami Herald.

The Toronto Globe and Mail today contains an article headlined "And then there were 7: The jury who will decide Omar Khadr's fate; U.S. military officers to weigh case against 23-year-old Canadian at Guantanamo."

The Toronto Star contains an article headlined "Captain critical of Gitmo to stay as Khadr jurors picked."

The New York Times reports that "Tour of Guantanamo Offers a Look, but Little Else."

CNN.com reports that "Military trial begins for Gitmo's youngest detainee."

Reuters has an article headlined "Keep or close Guantanamo? Military jurors weigh in."

MSNBC has reports headlined "Officer off Gitmo jury for agreeing with Obama; Prosecutors exclude juror for wanting to close the prison" and "Anyone for karaoke at Gitmo tonight?"

The Independent (UK) has a dispatch from Robert Verkaik headlined "Camp Delta's 'good kid' fights for a second chance."

The Toronto Sun has blog posts titled "Khadr jurors not voted off the island" and "For Omar Khadr, it's Maher Arar to the rescue."

And at "The Huffington Post," Maher Arar has an essay entitled "Why Is Canadian Child Soldier Omar Khadr Being Tried by a Military Court?"
Posted at 11:00 AM by Howard Bashman



"Sovereign citizens spin history, reject government": The Associated Press has this report.
Posted at 10:48 AM by Howard Bashman


Judge Posner on Children's Motrin possibly causing rashes, over-the-counter medication warnings, the "most significant relationship" test for conflicts of law, and contributory negligence: The U.S. Court of Appeals for the Seventh Circuit yesterday issued this ruling written by Circuit Judge Richard A. Posner.
Posted at 09:00 AM by Howard Bashman


"Judges Reprise Testimony in Third Trial on Threats": Today's edition of The New York Times contains an article that begins, "Once again, one after another, three celebrated federal appeals judges from Chicago slid into the low seat just to the right of their usual, estimable perches."

And The Bergen County (N.J.) Record reports today that "North Bergen shock jock Hal Turner details role as FBI informant on the stand."
Posted at 08:52 AM by Howard Bashman



"Vander Plaats touts campaign to oust Iowa justices": The Associated Press has a report that begins, "Gay rights opponents on Wednesday promised an intense and well-financed campaign to oust three Iowa Supreme Court justices who joined last year's unanimous decision that legalized gay marriage in the state."

And The Des Moines Register reports today that "Branstad won't join ouster bid."
Posted at 08:47 AM by Howard Bashman



"Judge to rule on stay Thursday in Prop. 8 case": The Associated Press has a report that begins, "The federal judge who overturned California's same-sex marriage ban is set to rule Thursday on whether gay marriages should resume immediately in the state or await an appeals court's input. Chief U.S. District Judge Vaughn Walker announced late Wednesday that he would issue his decision by noon on requests to impose a stay that would keep Proposition 8 in effect while its sponsors appeal his decision."
Posted at 08:37 AM by Howard Bashman


Wednesday, August 11, 2010

"Judge testifies he felt threatened by NJ blogger": The Associated Press has a report that begins, "A federal appeals court judge from Illinois testified Wednesday that he felt threatened by a New Jersey blogger's inflammatory Internet tirades over a ruling supporting gun control."

The Jersey Journal has a news update headlined "Blog rants were threat on our lives, two judges testify in trial of Internet shock jock/blogger Hal Turner."

The New York Daily News reports today that "Harold (Hal) Turner, accused of threatening to kill 3 Chicago judges, on trial for third time."

And The New York Post reports today that "Hate-mongering shock job on trial again in B'klyn."
Posted at 02:33 PM by Howard Bashman



"Terror suspect greets prospective jurors; Omar Khadr met his jury pool, and a plea bargain created a conundrum in another Guantanamo war-crimes case": Carol Rosenberg has this article today in The Miami Herald.

The Salt Lake Tribune reports today that "Wounded Utah vet to testify at Guantanamo."

The Toronto Globe and Mail reports that "Jury selection begins in Khadr trial; Defence, prosecution question pool of U.S. military officers preparing to decide Canadian's fate."

And The Toronto Star contains an article headlined "Omar Khadr jurors 'owe it to our legal system to do it right.'"
Posted at 11:02 AM by Howard Bashman



Tuesday, August 10, 2010

"Surprise Appointment in SG's Office": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 05:14 PM by Howard Bashman


"Appointment For Solicitor General Not Expected Soon": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 02:17 PM by Howard Bashman


"Judge lacks First Amendment right to insult litigants": David L. Hudson Jr. has this report online at the First Amendment Center.
Posted at 02:14 PM by Howard Bashman


"Judge admits Khadr confessions defense team called torture": Carol Rosenberg has this article today in The Miami Herald.

The Toronto Globe and Mail reports today that "Khadr's confessions admissible, military judge rules; Decision to admit statements despite threats of torture dramatically strengthens prosecution's case against Canadian held at Guantanamo Bay."

The Los Angeles Times reports that "Youngest Guantanamo detainee to stand trial; Omar Ahmed Khadr, who was 15 when he was captured in Afghanistan in 2002, will go before a military tribunal; He is accused of killing a U.S. soldier and wounding another."

The Toronto Sun reports that "Court to choose who will rule on Khadr's fate."

Warren Richey of The Christian Science Monitor reports that "First Guantanamo military tribunal under Obama gears up; A military judge ruled Monday that statements made by Omar Khadr, who is charged of killing a US soldier in Afghanistan, can be used in the trial, which is set to start Tuesday; Mr. Khadr's lawyers say the statements were coerced."

And The Associated Press reports that "Trial to begin for Guantanamo's youngest prisoner."
Posted at 08:29 AM by Howard Bashman



"Appeals court dismisses Oneida Indians' 40-year-old land claim": The Syracuse Post-Standard contains this article today.

The Oneida Daily Dispatch reports today that "Appeals court dismisses land claim."

And The Utica Observer-Dispatch contains an article headlined "Court: No need for state to compensate Oneidas on land; Appeals judges reverse key element of '07 claim ruling."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:19 AM by Howard Bashman



"Appeals court orders judge to reverse ban on publishing suspect's photos; The California Court of Appeal acted after Judge Hilleri G. Merritt last week barred the L.A. Times from printing photos of slaying suspect Alberd Tersargyan": This article appears today in The Los Angeles Times.
Posted at 08:14 AM by Howard Bashman


Monday, August 9, 2010

"For Third Time, Blogger Charged With Menacing Judges Goes on Trial": In Tuesday's edition of the New York Law Journal, Mark Fass will have an article that begins, "Round three of the United States versus Harold 'Hal' Turner, the Internet shock jock charged with threatening to kill three Chicago appeals judges, begins this morning in Brooklyn federal court."
Posted at 10:56 PM by Howard Bashman


"In Defense of the New Judicial Activists: In California and Arizona, Judge Walker and Judge Bolton are just doing their jobs." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 08:40 PM by Howard Bashman


"In S.F., Ginsburg addresses standoff on appointments": Bob Egelko of The San Francisco Chronicle has this news update.

And The Associated Press reports that "Ginsburg hopes Senate will resume collegial ways."

You can view the video of Justice Ruth Bader Ginsburg's remarks today at the ABA's 2010 Annual Meeting by clicking here.
Posted at 08:30 PM by Howard Bashman



"State Supreme Court Rules Rearview Mirror Objects Are OK": The Associated Press has this report.

Today's 4-3 ruling of the Supreme Court of Connecticut consists of a majority opinion and a dissenting opinion.
Posted at 08:05 PM by Howard Bashman



"While most state courts face harsh budget cuts, the 1st District Court of Appeal gets a $48 million 'Taj Mahal'": The St. Petersburg Times contains this article today.
Posted at 08:02 PM by Howard Bashman


"Lawyers prepare to reopen 'honest services' cases in wake of Supreme Court ruling": This article appears today in The Washington Post.
Posted at 08:00 PM by Howard Bashman


"Scalia unhurt after he tripped outside restaurant": The Associated Press has this report.
Posted at 05:47 PM by Howard Bashman


The Third Circuit's SCOTUS report card, in two parts: Since I began writing my monthly "Upon Further Review" column for The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- in December 2000, the July installment of my column has been devoted to reporting on how the U.S. Court of Appeals for the Third Circuit has fared before the U.S. Supreme Court in the just-completed Term.

This past Term included so many cases involving the Third Circuit that, for the second time in my column's tenure, my report had to be published in two parts. The text of last month's column can be accessed here, while the text of this month's column (published today) can be accessed here.
Posted at 03:15 PM by Howard Bashman



"Supreme Court Rearranges Schedule With Kagan in Mind": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And at "SCOTUSblog," Lyle Denniston has a related post.
Posted at 11:20 AM by Howard Bashman



"A deep bench of substitute justices goes unused": Robert Barnes has this article today in The Washington Post.
Posted at 10:47 AM by Howard Bashman


"Detainee's trial to be peek into war on terror; Think you know everything you need to know about the upcoming war-crimes trial of alleged teen terrorist Omar Khadr? His upcoming trial should be revealing." Carol Rosenberg of The Miami Herald has this article, along with an article headlined "Lawyer wants less show of force at Guantanamo trial."

Today's edition of The Toronto Globe and Mail contains an article headlined "As trial draws near, Omar Khadr lays bare his angst in letter to lawyer; Canadian's long-delayed date with justice at Guantanamo slated to begin in coming weeks."

And The Associated Press reports that "Guantanamo gears up for 1st trial under Obama."
Posted at 10:17 AM by Howard Bashman



Sunday, August 8, 2010

"Also confirmed: Marshall's legacy." Martha Minow, dean of Harvard Law School, has this op-ed today in The Boston Globe.
Posted at 08:02 PM by Howard Bashman


"U.S. Senate Republicans Derail Judge Chatigny's Appeals Court Nomination": Edmund H. Mahony of The Hartford Courant has a blog post that begins, "U.S. Senate Republicans have derailed President Obama's nomination of Hartford district judge Robert N. Chatigny to the federal appeals court, likely postponing the controversial appointment to next year when partisan opposition is expected to grow."
Posted at 07:58 PM by Howard Bashman


"Brewing legal disputes could define Kagan's early tenure; Coming soon to the Supreme Court: Arizona's immigration law, same-sex marriage and President Obama's healthcare overhaul; It's unclear how the justices will configure themselves." David G. Savage has this article today in The Los Angeles Times. The newspaper also reports that "Elena Kagan sworn in as Supreme Court justice; Chief Justice John G. Roberts Jr. administers the oath two days after her confirmation by the Senate; She is not expected to dramatically alter the ideological makeup of the court."

The Washington Post reports today that "Elena Kagan sworn in as 112th U.S. Supreme Court justice."

And The New York Daily News contains an article headlined "It's Official! Elena Kagan sworn in as an associate justice of the U.S. Supreme Court."
Posted at 07:54 PM by Howard Bashman



"GOP push to revise 14th Amendment not gaining steam": This article appears today in The Washington Post.
Posted at 07:50 PM by Howard Bashman


"Under the U.S. Supreme Court: Saving Ariz.'s immigration law." Michael Kirkland of UPI has this report.
Posted at 07:48 PM by Howard Bashman


"Shaping the Law: A Solicitors General Roundtable." You can view the video of this program, held Friday at the ABA's 2010 Annual Meeting. by clicking here.

A related news release is headlined "Former Solicitors General Reveal Important Role of Political Deputy."
Posted at 10:50 AM by Howard Bashman



Saturday, August 7, 2010

"Gov. Christie's office pushes for Senate hearing on N.J. Supreme Court nominee": The Newark Star-Ledger contains this article today.
Posted at 08:36 PM by Howard Bashman


"Folsom man in landmark child-porn case charged again": This article appears today in The Philadelphia Inquirer.

The Philadelphia Daily News reports today that "Delaware County man busted for kiddie-porn, again."

And The Delaware County (Pa.) Daily Times reports that "Ridley Township man facing additional child-porn charges."
Posted at 08:34 PM by Howard Bashman



"Senate rejects high court pick": Today's edition of The Honolulu Star-Advertiser contains an article that begins, "Gov. Linda Lingle blasted the state Senate's rejection of Katherine Leonard as chief justice of the Hawaii Supreme Court yesterday, calling the 14 lawmakers who voted against her nominee hypocritical. The 14-8 vote was the first time the Senate has turned down a governor's chief justice nomination and the first time in 17 years that the senators rejected a gubernatorial appointment to the five-member Hawaii Supreme Court."
Posted at 08:25 PM by Howard Bashman


"Kagan Sworn in Before Family, Justices, Friends": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 04:38 PM by Howard Bashman


"Kagan sworn in as fourth woman on Supreme Court": The Associated Press has this report.

And The AP's Mark Sherman has an article headlined "3 women on Supreme Court: How big a difference?"
Posted at 02:30 PM by Howard Bashman



"Will Elena Kagan Have To Wear a Frilly Neckpiece? Plus, what kind of orientation do Supreme Court justices get?" Brian Palmer has this explainer essay online at Slate.
Posted at 01:05 PM by Howard Bashman


"Kagan to Be Sworn in as 112th Supreme Court Justice": The New York Times has this news update.

C-SPAN will provide live online coverage of the public ceremony beginning at 2 p.m. eastern time.
Posted at 12:48 PM by Howard Bashman



"A Man With Muffin Secrets, but No Job With Them": This front page article appears today in The New York Times.

This blog's earlier coverage of this matter can be accessed here.
Posted at 12:46 PM by Howard Bashman



"Justice Kennedy's the one to watch on gay marriage test": Michael Doyle of McClatchy Newspapers has this report.

Today's edition of The Sacramento Bee contains a front page article headlined "Schwarzenegger urges judge to let gay marriages resume at once."

Maura Dolan of The Los Angeles Times reports today that "Schwarzenegger, Brown urge resumption of gay marriages; In written arguments to the judge who overturned Proposition 8, the governor and attorney general say such weddings should be allowed during the appeals process."

Howard Mintz of The San Jose Mercury News reports that "Schwarzenegger, Brown urge judge to allow same-sex weddings to resume immediately."

Bob Egelko and Jill Tucker of The San Francisco Chronicle have an article headlined "Schwarzenegger: Let gays and lesbians marry now."

And Kate Moser of The Recorder reports that "Same-Sex Marriage Ruling Plants Flag for Gay Rights."
Posted at 10:37 AM by Howard Bashman



"Vander Plaats seeks to eject 3 justices": The Des Moines Register today contains an article that begins, "The announcement Friday by Republican Bob Vander Plaats that he will campaign to oust Iowa Supreme Court justices who legalized gay marriage has likely launched a full-force battle that will funnel national money and attention to the state, activists on both sides said."

And The Sioux City Journal reports today that "Vander Plaats vows to unseat justices."
Posted at 10:16 AM by Howard Bashman



"Republicans block Bay Area judicial nominees": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Senate Republicans have blocked confirmation votes on two Bay Area judicial nominees, Goodwin Liu and Edward Chen, and returned the nominations to President Obama, who must decide whether to resubmit them when Congress returns from recess next month."
Posted at 09:42 AM by Howard Bashman


"Kagan to Be Sworn in Saturday as 112th Court Justice": Bloomberg News has this report.

And The Associated Press reports that "Kagan celebrates with Obama, to be sworn Saturday."
Posted at 09:28 AM by Howard Bashman



"New trial ordered in General Wayne Inn murder": This front page article appears today in The Philadelphia Inquirer.
Posted at 09:26 AM by Howard Bashman


"Nashville lawyer's judicial nomination will go to Senate": Today's edition of The Tennessean contains an article that begins, "Nashville attorney Jane Stranch is finally headed toward confirmation as a judge on the U.S. Court of Appeals for the 6th District -- a year after she was nominated by President Barack Obama. The Senate agreed Thursday night, just before leaving for a one-month recess, to debate and vote on Stranch's nomination on Sept. 13."
Posted at 09:24 AM by Howard Bashman


Friday, August 6, 2010

"Kagan Will Have Little Time to Ease Into New Job; More than 2,000 petitions for review typically pile up during the Court's summer recess": Tony Mauro of The National Law Journal has this report.
Posted at 10:30 PM by Howard Bashman


"D.C. Circuit Strikes Down Limits on Expressive Activity in National Parks": Jonathan H. Adler has this post at "The Volokh Conspiracy."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 07:42 PM by Howard Bashman



"Appeals court limits police use of GPS device to track suspects": The Washington Post has this news update.

The Washington Times has a news update headlined "Court rejects govt. use of GPS tracking; Reverse sentence of accused drug-ring master."

Pete Yost of The Associated Press reports that "Court reverses drug conviction in GPS case."

Wired.com's "Threat Level" blog has a post titled "Appeals Court Rules Against Secret Police GPS Tracking."

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Court Says GPS Surveillance Requires Warrant."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "D.C. Circuit Introduces 'Mosaic Theory' Of Fourth Amendment, Holds GPS Monitoring a Fourth Amendment Search."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 07:30 PM by Howard Bashman



"Irate Prop. 8 backers say gay judge not impartial": This article appears today in The Sacramento Bee, along with an article headlined "Proposition 8 is putting voters' views on trial."

Today in The San Jose Mercury News, Howard Mintz reports that "Federal judge in Prop. 8 case an unpredictable iconoclast."

Bob Egelko of The San Francisco Chronicle has an article headlined "Long road ahead for Prop. 8 court case."

Maura Dolan and Carol J. Williams of The Los Angeles Times report that "Gay marriage ruling anchored in factual findings; Legal analysts say the federal judge appeared to be making a calculated effort to force higher courts to grapple with the practical reality of gay unions over legal theory when applying the law."

John Schwartz of The New York Times has an article headlined "Conservative Jurist, With Independent Streak." The newspaper also contains an article headlined "Gay Marriage Ruling a Challenge for Both Parties."

The Washington Post reports that "Both sides in same-sex marriage debate see chance to galvanize support after California ruling."

The Christian Science Monitor contains an article headlined "Will California gay marriage ruling affect other states? If Judge Vaughn Walker's decision declaring the California gay marriage law unconstitutional is eventually upheld by the US Supreme Court, it could overturn gay marriage bans in 45 states."

And The Associated Press has reports headlined "Judge's personal life debated after gay ruling"; "Gay marriage before nation's largest appeals court"; and "Mexican court upholds capital's gay marriage law."
Posted at 01:20 PM by Howard Bashman



"Senate approves Wynn for Fourth Circuit, Diaz still waits": Barbara Barrett of McClatchy Newspapers has this report.

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Nominee for 4th Circuit Among Handful of Judges Confirmed."
Posted at 08:50 AM by Howard Bashman



"Kagan Joins Supreme Court After 63-37 Vote in Senate": This article appears today in The New York Times.

In today's edition of The Washington Post, Paul Kane and Robert Barnes report that "Senate confirms Elena Kagan's nomination to Supreme Court."

James Oliphant of The Los Angeles Times reports that "Elena Kagan confirmed to Supreme Court; The Senate approves her as the nation's 112th justice on a 63-37 vote, with five Republicans crossing party lines to vote in her favor; For the first time in history, the court includes three female justices."

Naftali Bendavid of The Wall Street Journal reports that "Senate Confirms Kagan for Court." And Jess Bravin has an article headlined "Kagan and Roberts: Similar Paths, Poles Apart."

USA Today contains an article headlined "With confirmation, Justice Kagan makes 3; Senate vote makes one-third of the top court women."

David Lightman of McClatchy Newspapers reports that "Kagan wins Senate confirmation to Supreme Court, 63-37."

The Washington Times reports that "Senate confirms Kagan to Supreme Court; Democrats hail 'great antidote' to conservatives on Supreme Court."

The Boston Globe reports that "Kagan heads to high court; Ex-Harvard dean will be fourth woman to serve; Senate confirmation vote is 63-37; Brown opposed."

Warren Richey of The Christian Science Monitor reports that "Elena Kagan confirmed to Supreme Court; The Senate voted 63-37, mostly along party lines, to make Kagan America's 112th Supreme Court justice."

The Toronto Globe and Mail reports that "Newly confirmed Kagan expected to spar with Chief Justice Roberts."

David Ingram of The National Law Journal reports that "Kagan Confirmation Sets the Stage for High Court First."

The Hill reports that "McConnell scolds Franken for making faces from dais during his speech."

The Associated Press reports that "Franken apologizes for irritating GOP leader."

And Politico.com reports that "Senate gets 'a little weird.'"
Posted at 08:44 AM by Howard Bashman



"Discovery Rule for Libel Doesn't Apply to Blogs, Says Federal Judge": Shannon P. Duffy of The Legal Intelligencer has an article that begins, "Aviation lawyer and seasoned pilot Arthur Alan Wolk knows quite a bit about the stratosphere and the troposphere, but he may have learned something new this week about the blogosphere when a federal judge tossed out his libel suit against the bloggers at Overlawyered.com."

You can access Monday's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link.
Posted at 07:54 AM by Howard Bashman



Thursday, August 5, 2010

"Senate confirms Kagan as 112th justice": The Associated Press has a report that begins, "The Senate has confirmed Elena Kagan as the 112th justice and fourth woman to serve on the Supreme Court."

The official roll call vote tally should be available online at this link in the very near future. C-SPAN, meanwhile, provides this photographic record of the confirmation vote.
Posted at 03:57 PM by Howard Bashman



"Appeal filed over gay marriage ruling in Calif." The Associated Press has this report.
Posted at 01:38 PM by Howard Bashman


"Prop. 8 ruling based on 'overwhelming evidence'": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Washington Post, Robert Barnes and Sandhya Somashekhar have an article headlined "Judge strikes California's ban on same-sex marriage, Proposition 8."

And in Friday's edition of The New York Times, John Schwartz will have a news analysis headlined "In Same-Sex Ruling, an Eye on the Supreme Court."
Posted at 12:58 PM by Howard Bashman



"Recipient of Offensive E-Mails Can't Force Yahoo to Name Sender": New Jersey Law Journal has an article that begins, "A plaintiff who fails to make out a claim of intentional infliction of emotional distress based on anonymous, offensive e-mails can't compel the sender's Internet service provider to reveal his or her identity, a New Jersey appeals court held Tuesday in a published opinion."

You can access Tuesday's ruling of the Superior Court of New Jersey, Appellate Division, at this link.
Posted at 08:52 AM by Howard Bashman



"State Supreme Court's rulings will invite more lawsuits, create more costs": Yesterday's edition of The Detroit News contained an editorial that begins, "The new majority on the Michigan Supreme Court went on a spree over the weekend, reversing prior rulings and issuing a set of decisions that will make it easier for plaintiffs' attorneys to sue -- causing more legal costs for state businesses."
Posted at 08:45 AM by Howard Bashman


"Times photographer ordered to stop photographing defendant's arraignment; A judge approves a request to photograph murder suspect Alberd Tersargyan but later orders the photographer not to publish his photos; Legal experts say this could be a violation of the 1st Amendment": This article appears today in The Los Angeles Times.
Posted at 08:42 AM by Howard Bashman


"Florida won't appeal campaign-finance ruling; The state of Florida will not challenge a court's ruling that threw out limits on politicians' campaign spending": The Miami Herald contains this article today.
Posted at 08:37 AM by Howard Bashman


"Lingle pushes for Leonard; The governor meets with senators over concerns about the chief justice nominee": This article appears today in The Honolulu Star-Advertiser.
Posted at 08:27 AM by Howard Bashman


"Elena Kagan appears assured of becoming next Supreme Court justice; A majority of senators declares support for the high court nominee on the second day of debate over her confirmation; A floor vote is likely Thursday": James Oliphant has this article today in The Los Angeles Times.

The New York Daily News reports today that "Ruth Bader Ginsburg raves as Elena Kagan is set to officially become third woman on Supreme Court."

And Politico.com reports that "Sens. John McCain, Jeff Sessions sick of Ivy court."
Posted at 08:20 AM by Howard Bashman



"Attorneys Press Federal Circuit Judge to Recuse in Human Gene Case": law.com has this report.
Posted at 08:16 AM by Howard Bashman


"Appeal Heard in Case Challenging University's Consideration of Race in Admissions": Texas Lawyer has this report.

And The Daily Texan reports that "Court hears UT admissions case."

My earlier coverage of the oral argument appears at this link.
Posted at 08:14 AM by Howard Bashman



"Specter seeks vote on top-court TV": The Pittsburgh Post-Gazette today contains an article that begins, "Sen. Arlen Specter says he has been promised a floor vote on his proposal to televise U.S. Supreme Court proceedings, an initiative he described as central to his final months in the Senate."
Posted at 08:07 AM by Howard Bashman


Wednesday, August 4, 2010

"A Brilliant Ruling: Judge Walker's decision to overturn Prop 8 is factual, well-reasoned, and powerful." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:28 PM by Howard Bashman


"Impeachment Lawyers Battle Over Evidence": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Lawyers for impeached U.S. District Judge G. Thomas Porteous Jr. asked a special U.S. Senate committee today not to allow certain evidence in the judge's upcoming trial."

Ingram also has a post titled "Judge Won't Step in to Impeachment Process" reporting on a ruling that the U.S. District Court for the District of Columbia issued earlier this week.
Posted at 10:17 PM by Howard Bashman



"A Labor Market Punishing to Mothers": Today's edition of The New York Times contains an article that begins, "The last three men nominated to the Supreme Court have all been married and, among them, have seven children. The last three women -- Elena Kagan, Sonia Sotomayor and Harriet Miers (who withdrew) -- have all been single and without children."
Posted at 08:20 PM by Howard Bashman


"Judge strikes down ban on same-sex marriage": Bob Egelko and Demian Bulwa of The San Francisco Chronicle has this news update. The newspaper also has an update headlined "Cheering, cautious optimism over Prop. 8 ruling."

Maura Dolan and Carol Williams of The Los Angeles Times have a news update headlined "Judge strikes down Prop. 8, allows gay marriage in California; In a long-awaited ruling, Judge Vaughn Walker says the ban on same-sex marriage violates constitutional rights to equal protection and due process; The decision is expected to reach the Supreme Court."

Howard Mintz of The San Jose Mercury News has an update headlined "Federal judge strikes down California's ban on same-sex marriage."

And The New York Times has a news update headlined "Court Rejects Same-Sex Marriage Ban in California."
Posted at 06:10 PM by Howard Bashman



"Judge overturns Calif. gay marriage ban" The Associated Press has this report.

You can access the district court's ruling at this link. The decision concludes:

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.
I have posted a back-up copy of the ruling at this link.

The district court also issued an order granting a temporary stay of its ruling until the recently filed motion for a stay pending appeal can be fully briefed and decided.
Posted at 05:11 PM by Howard Bashman



"Majority of senators back Kagan on eve of vote": The Associated Press has this report.
Posted at 03:40 PM by Howard Bashman


"Gay marriage ruling due; Decision later today": Lyle Denniston has this post at "SCOTUSblog." The post links to the stay motion that supporters of Proposition 8 have already filed with the district judge.
Posted at 11:46 AM by Howard Bashman


"Superior Court Recognizes New Pharma Cause of Action; Panel Affirms Scope of Failure-to-Warn Theory In Diet Drug Lawsuits": Amaris Elliott-Engel has this article, in which I am quoted, in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 11:20 AM by Howard Bashman


"Federal judge to issue Proposition 8 decision today": This article appears today in The Sacramento Bee.

The U.S. District Court for the Northern District of California has this web page devoted to the case.
Posted at 08:30 AM by Howard Bashman



"N.J. Supreme Court rules officer's groping conviction does not bar him from public work": Today's edition of The Newark Star-Ledger contains an article that begins, "A state Supreme Court ruling that allows a former Hunterdon County Sheriff's Officer convicted of a sex crime to return to the public sector -- including police work -- could have far-reaching implications on law enforcement and other public workers, experts say."

You can access yesterday's 3-2 ruling of the Supreme Court of New Jersey at this link.
Posted at 08:24 AM by Howard Bashman



"Guantanamo Trial Set to Go Ahead": Evan Perez has this article today in The Wall Street Journal.
Posted at 08:20 AM by Howard Bashman


"New policy clears way for Pledge of Allegiance in Arlington schools; School Committee reverses June vote": The Boston Globe contains this article today.
Posted at 08:17 AM by Howard Bashman


"In Senate, Vote Nears on Kagan Nomination": This article appears today in The New York Times.

The Washington Post reports today that "Senate moves toward a final vote on Supreme Court nominee Elena Kagan."

James Oliphant of The Los Angeles Times reports that "Senate begins debate over Supreme Court nominee Kagan; Republicans question her experience, ideology and temperament, but Democrats appear to have enough votes to confirm her this week."

The Washington Times reports that "Senate debate on Kagan unlikely to change minds; Critics question qualifications."

Warren Richey of The Christian Science Monitor has an article headlined "Elena Kagan: Despite partisan splits, confirmation appears likely; Elena Kagan debate began in the Senate Tuesday; The start of several days of discussion over her nomination to the Supreme Court was marked by partisan divides, but Elena Kagan is expected to easily win confirmation."

The Omaha World-Herald reports that "Nelson sticks to his guns on Kagan."

The Deseret News reports that "Hatch makes his case against Kagan, confirmation expected Thursday."

The Salt Lake Tribune contains an article headlined "Hatch: 'I hope I'm wrong' about Kagan."

And Politico.com reports that "Kagan avoids drama on way to court."
Posted at 08:04 AM by Howard Bashman



Tuesday, August 3, 2010

"University of Texas' use of race in admissions goes before court; Three-judge panel is not expected to rule for several months on case challenging use of race and ethnicity in undergraduate admissions": The Austin American-Statesman has this news update.

And The Associated Press reports that "Appeals court hears case over UT Austin admissions."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link (20.2MB Windows Media audio file).
Posted at 10:54 PM by Howard Bashman



"Living It Up": Online at The New Republic today, law professor Adrian Vermeule has this review of two books -- "Keeping Faith with the Constitution" by Goodwin Liu, Pamela S. Karlan, and Christopher H. Schroeder; and "The Living Constitution" by David Strauss.
Posted at 10:45 PM by Howard Bashman


"Appeals court upholds decision on Kraft/Oscar Mayer pay case": Today's edition of The Wisconsin State Journal contains an article that begins, "Kraft/Oscar Mayer employees in Madison could receive as much as $5 million in back pay and have a shorter work week as a result of a federal appeals court ruling Monday, a union leader said."

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 10:34 PM by Howard Bashman



"Prop. 8 supporters plotting appeal before ruling": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal court ruling on the right of same-sex couples to marry in California is scheduled to be released Wednesday - and opponents of gay and lesbian nuptials are already making plans to appeal."

And The Associated Press reports that "Judge's ruling expected in Calif gay marriage case."
Posted at 10:24 PM by Howard Bashman



"Ginsburg says no plans to leave Supreme Court": Mark Sherman of The Associated Press has an article that begins, "Justice Ruth Bader Ginsburg is looking forward to being one of three women on the Supreme Court for the forseeable future. The 77-year-old Ginsburg told The Associated Press on Tuesday she has no plans to retire anytime soon and still wants to match Justice Louis Brandeis, who stepped down at age 82."
Posted at 06:03 PM by Howard Bashman


"Disgraced judge wants sentence overturned": The Galveston County Daily News today contains an article that begins, "Lawyers working for disgraced federal judge Samuel Kent have filed a motion to vacate and correct his sentence for obstruction of justice."
Posted at 03:44 PM by Howard Bashman


May federal employees accept a cash award from an outside organization for their work as a federal employee? The U.S. Court of Appeals for the D.C. Circuit issued this interesting ruling today.

In February 2008, the Project On Government Oversight had this blog post about the jury's verdict, which today's D.C. Circuit ruling has set aside.
Posted at 11:52 AM by Howard Bashman



"Pa. working to outlaw teen 'sexting'": This front page article appeared yesterday in The Philadelphia Inquirer.
Posted at 11:25 AM by Howard Bashman


"Child Sex Crime Prompts 11th Circuit Reversal; Decision gives appellate panels more leeway to dictate new sentence, judge says": Alyson M. Palmer of the Fulton County Daily Report has this article.

My earlier coverage of the en banc ruling appears at this link.
Posted at 08:57 AM by Howard Bashman



"Army lawyer asks Supreme Court to stop Guantanamo trial": Carol Rosenberg has this article today in The Miami Herald.

And The Toronto Sun reports today that "Khadr's lawyer attempts to delay trial."
Posted at 08:54 AM by Howard Bashman



"Michigan court sets new standard in injury lawsuits": Dawson Bell has this article today in The Detroit Free Press.

And The Associated Press reports that "Mich. court sets new standard in injury lawsuits."

You can access Saturday's 113-page, 4-to-3 ruling of the Supreme Court of Michigan at this link.
Posted at 08:50 AM by Howard Bashman



"Cruelty and the Constitution: With the presumed passage of a bill banning the sale of 'crush videos,' the Supreme Court will confront the uncomfortable task of invalidating a law rewritten to comply with one of its decisions." This editorial appears today in The Los Angeles Times.
Posted at 08:42 AM by Howard Bashman


"Judges' 'unqualified' rating is slammed; Lingle blasts the bar association's vote process to recommend appointments": The Honolulu Star-Advertiser today contains an article that begins, "The Hawaii State Bar Association's board of directors' rating of appeals Judge Katherine Leonard as 'unqualified' to be Hawaii's next chief justice drew strong criticism last night from Gov. Linda Lingle."
Posted at 08:40 AM by Howard Bashman


"A Respect for World Opinion": Today's edition of The New York Times contains an editorial that begins, "Nativism in American politics has become so rampant that it is considered scandalous in Republican circles for a judge to acknowledge paying any attention to foreign courts and their legal rulings."
Posted at 08:37 AM by Howard Bashman


"N.J. attorneys, lawfirms pull client trust accounts held by Chase": This article appears today in The Newark Star-Ledger.
Posted at 08:35 AM by Howard Bashman


"A Mailroom Mix-Up That Could Cost a Life": Adam Liptak has this new installment of his "Sidebar" column today in The New York Times.
Posted at 08:14 AM by Howard Bashman


"Justices are chummy even in death": The Associated Press has a report that begins, "Supreme Court nominee Elena Kagan has heard it over and over in recent weeks: A Supreme Court appointment is for life. What she may not know is that recent high court justices have stuck together - even in death."
Posted at 08:07 AM by Howard Bashman


"Kagan's confirmation tally becomes Hill guessing game": This article appears today in The Washington Times.

The Associated Press has a report headlined "Confirmation on track, Senate starts Kagan debate."

And CNN.com reports that "Poll shows opinions on Kagan divided along party lines."
Posted at 07:54 AM by Howard Bashman



Monday, August 2, 2010

"Court's Recent Miranda Rulings Won't Have Broad Impact": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 11:00 PM by Howard Bashman


"Plea to stop military trial; Canadian detainee's challenge": Lyle Denniston has this post at "SCOTUSblog."

And in somewhat related coverage, The Miami Herald has an article headlined "Do Guantanamo media limits prevent open trials?"
Posted at 08:40 PM by Howard Bashman



"US Supreme Court asked to halt Guantanamo trial": The Associated Press has this report.
Posted at 06:17 PM by Howard Bashman


"Jane Branstetter Stranch should be confirmed": Law professor Carl Tobias has this op-ed today in The Louisville Courier-Journal.
Posted at 06:05 PM by Howard Bashman


"California Supreme Court upholds Prop. 209 affirmative action ban": Howard Mintz of The San Jose Mercury News has an update that begins, "Tackling Proposition 209 for the first time in a decade, the California Supreme Court today left intact the state's ban on affirmative action in public programs. In a 6-1 ruling, the Supreme Court upheld the voter-approved 1996 law, in the process invalidating a 7-year-old San Francisco ordinance designed to aid minority- and women-owned businesses in the contracting process."

And The Associated Press reports that "Calif high court upholds affirmative action ban."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 05:10 PM by Howard Bashman



"US appeals court: Pa. prison can ban Muslim scarf." The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 04:56 PM by Howard Bashman


"Key Republican previews case against Kagan": The Associated Press has this report.
Posted at 04:53 PM by Howard Bashman


Pennsylvania law permits a negligent design defect claim against the manufacturer of a dangerous prescription drug, the Superior Court of Pennsylvania has ruled: The Superior Court of Pennsylvania today issued this ruling in an appeal that I argued on behalf of the plaintiff on June 22, 2010.

Unfortunately, a somewhat related appeal that I argued on behalf of different plaintiffs that same day before the very same panel was decided last week in favor of the defendant. Looking on the bright side, the case in which my clients did not prevail raises an interesting question of first impression that the Supreme Court of Pennsylvania may be willing to review.
Posted at 04:40 PM by Howard Bashman



"Groups seek judge's removal from drilling case": The Associated Press has a report that begins, "Several environmental groups have asked a federal appeals court to disqualify a judge from a lawsuit over the Obama administration's initial six-month moratorium on deep-water oil drilling."
Posted at 03:25 PM by Howard Bashman


"Roberts v. Kagan? Will there be friction between the chief justice and Elena Kagan on the Supreme Court?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:14 AM by Howard Bashman


"Elena Kagan on rare path: first a Supreme Court clerk, later a justice; If confirmed, Elena Kagan will become the sixth former Supreme Court law clerk to become a justice later in life; Much of the work behind the scenes in the Supreme Court is done by these brilliant recent graduates": Warren Richey of The Christian Science Monitor has this report.

And Alexander Bolton of The Hill reports that "Kagan presents a test for the NRA as court confirmation assured."
Posted at 08:04 AM by Howard Bashman



"Corporate campaign fundraising picks up speed; Business and conservative groups see a chance to influence the midterm election because of rising anger at Democratic policies and recent court rulings on political spending": The Los Angeles Times today contains an article that begins, "Driven by increasing anger at Democratic policies and by recent Supreme Court decisions unshackling corporate contributions, business and conservative groups are preparing a flood of campaign money to try to wrest control of Congress from the Democrats."
Posted at 08:00 AM by Howard Bashman


"Appeals court considering UT's use of race in admissions; Three-judge panel in New Orleans to hear oral arguments on Tuesday": Today's edition of The Austin American-Statesman contains an article that begins, "Is the University of Texas violating the law by considering race and ethnicity when it decides whom to admit to its freshman class? That question will be debated Tuesday before a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans."

And last week, The Daily Texan published articles headlined "Court battle re-examines admittance policy of UT" and "Legal history of using race in admissions adds lawsuit."
Posted at 07:58 AM by Howard Bashman



"High court trims Miranda warning rights bit by bit": Jesse J. Holland of The Associated Press has this report.

And online at SSRN, law professor Barry Friedman has an article titled "The Wages of Stealth Overruling (With Particular Attention to Miranda V. Arizona)" (via "Legal Theory Blog").
Posted at 07:50 AM by Howard Bashman



"Obama's Remake of U.S. Courts Bogged Down by Republican Delays in Senate": Laura Litvan of Bloomberg News has this report.
Posted at 07:48 AM by Howard Bashman


Sunday, August 1, 2010

"Elena Kagan faces final heat this week": This article appears today in The Boston Herald, along with an article headlined "When Harvard went to war: Vietnam vets say school gets bad rap on military service."
Posted at 02:03 PM by Howard Bashman


"Conrad Black: My prison education." Conrad Black had this essay yesterday in The National Post.
Posted at 02:00 PM by Howard Bashman


"Chief justice to inherit reforms -- and thorns": Claire Cooper has this article today in The Sacramento Bee.
Posted at 01:56 PM by Howard Bashman


"Former N.J. Gov. Jon Corzine, Carla Katz's forbidden e-mails are revealed": The Newark Star-Ledger contains this article today.
Posted at 01:50 PM by Howard Bashman


"Mother's death puts lawsuit limits on line; Challenge of law worries doctors, hospitals": This article appears today in The Las Vegas Review-Journal.
Posted at 01:47 PM by Howard Bashman


"Under the U.S. Supreme Court: Did Big Tobacco finally get burned?" Michael Kirkland of UPI has this article today.
Posted at 01:44 PM by Howard Bashman


"Arizona immigration clash headed for controversial appeals court": Howard Mintz has this article today in The San Jose Mercury News.

And today in The Arizona Daily Star, Howard Fischer has an article headlined "No review of SB 1070 ruling before Nov."
Posted at 01:40 PM by Howard Bashman



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