How Appealing http://howappealing.law.com/ en Copyright 2010 Tue, 09 Feb 2010 14:14:48 -0500 http://www.sixapart.com/movabletype/ http://www.rssboard.org/rss-specification "[W]e conclude that San Francisco's policy requiring strip searches of all arrestees classified for custodial housing in the general population was facially reasonable under the Fourth Amendment" "[W]e conclude that San Francisco's policy requiring strip searches of all arrestees classified for custodial housing in the general population was facially reasonable under the Fourth Amendment, notwithstanding the lack of individualized reasonable suspicion as to the individuals searched." So holds an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit, by a vote of 6-5.* You can access today's ruling at this link. Chief Judge Alex Kozinski's concurring opinion and the dissenting opinion are also both worth a read.

Update: Bay City News reports that "Fed Court Approves SF Jail Strip Searches."

*As law professor Eugene Volokh notes in this post at "The Volokh Conspiracy," the en banc panel's vote on the constitutionality of the policy was 6-5. Believing that the defendants were entitled to qualified immunity, one of the five dissenters on the constitutionality of the policy ended up voting with the majority in support of the en banc court's judgment, making the final vote in support of the judgment 7-4.]]> http://howappealing.law.com/020910.html#037016 http://howappealing.law.com/020910.html#037016 Tue, 09 Feb 2010 14:14:48 -0500 "Bike footrests aren't weapons, state Supreme Court says; Ruling comes in the case of a youth convicted of carrying a metal cylinder as a weapon" "Bike footrests aren't weapons, state Supreme Court says; Ruling comes in the case of a youth convicted of carrying a metal cylinder as a weapon": Maura Dolan has this article today in The Los Angeles Times.

You can access yesterday's ruling of the Supreme Court of California at this link.]]> http://howappealing.law.com/020910.html#037015 http://howappealing.law.com/020910.html#037015 Tue, 09 Feb 2010 08:07:18 -0500 "Judge gets sarcastic over records rule criticism" "Judge gets sarcastic over records rule criticism": The Associated Press has a report that begins, "The chief justice of the Wyoming Supreme Court on Monday dished out a sarcastic response to criticism in newspaper editorials of a proposal to redact information from public court records."]]> http://howappealing.law.com/020910.html#037014 http://howappealing.law.com/020910.html#037014 Tue, 09 Feb 2010 08:00:34 -0500 "Case of missing innards unprecedented in state court" "Case of missing innards unprecedented in state court": Today's edition of The Las Vegas Sun contains an article that begins, "The curious case of a young Englishman's missing organs is forcing the Nevada Supreme Court to take its first stand on the mishandling of human remains."

According to the article, the case is before Nevada's highest state court on certified question from the U.S. District Court for the District of Nevada.]]> http://howappealing.law.com/020910.html#037013 http://howappealing.law.com/020910.html#037013 Tue, 09 Feb 2010 07:58:09 -0500 "UK Jews weigh fight after court ruling on 'Who is a Jew'" "UK Jews weigh fight after court ruling on 'Who is a Jew'": The Jewish Telegraphic Agency has this report, via The Jerusalem Post.]]> http://howappealing.law.com/020910.html#037012 http://howappealing.law.com/020910.html#037012 Tue, 09 Feb 2010 07:54:40 -0500 "UCD gender suit sent back for jury trial" "UCD gender suit sent back for jury trial": In today's edition of The Sacramento Bee, Denny Walsh has an article that begins, "The elimination of women's wrestling in 2000 at UC Davis is symptomatic of the university's overall poor performance in providing equal opportunities for women in varsity sports, a federal appellate court ruled Monday."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.]]> http://howappealing.law.com/020910.html#037011 http://howappealing.law.com/020910.html#037011 Tue, 09 Feb 2010 07:50:18 -0500 "Supreme Court ruling fuels voter ire" "Supreme Court ruling fuels voter ire": Politico.com has this report.]]> http://howappealing.law.com/020910.html#037010 http://howappealing.law.com/020910.html#037010 Tue, 09 Feb 2010 07:48:59 -0500 "In interview, Scott Roeder speaks of lacking sympathy" "In interview, Scott Roeder speaks of lacking sympathy": Today's edition of The Kansas City Star contains an article that begins, "As he awaits sentencing for first-degree murder, Scott Roeder said in an interview released Monday that he has little sympathy for Wichita abortion doctor George Tiller's family."]]> http://howappealing.law.com/020910.html#037009 http://howappealing.law.com/020910.html#037009 Tue, 09 Feb 2010 07:46:31 -0500 "David H. Souter To Deliver Address at Harvard's 2010 Commencement" "David H. Souter To Deliver Address at Harvard's 2010 Commencement": This article appears today in The Harvard Crimson.]]> http://howappealing.law.com/020910.html#037008 http://howappealing.law.com/020910.html#037008 Tue, 09 Feb 2010 07:44:39 -0500 "Okla. panel OKs death sentence for child rapists" "Okla. panel OKs death sentence for child rapists": The Associated Press has this report.]]> http://howappealing.law.com/020910.html#037007 http://howappealing.law.com/020910.html#037007 Tue, 09 Feb 2010 07:42:17 -0500 "Electronic Privacy and the Supreme Court" "Electronic Privacy and the Supreme Court": Daniel I. Prywes has this essay online at law.com.]]> http://howappealing.law.com/020910.html#037006 http://howappealing.law.com/020910.html#037006 Tue, 09 Feb 2010 07:34:14 -0500 "Appeals court: Women wrestlers can sue UC Davis." "Appeals court: Women wrestlers can sue UC Davis." The Associated Press has a report that begins, "An appeals court said Monday it appears that the University of California, Davis violated federal law meant to promote gender equity in college athletics when it eliminated its women's wrestling program."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.]]> http://howappealing.law.com/020810.html#037005 http://howappealing.law.com/020810.html#037005 Mon, 08 Feb 2010 20:22:48 -0500 "Georgetown Law's Lazarus Named to New Professorship" "Georgetown Law's Lazarus Named to New Professorship": Tony Mauro has this post at "The BLT: The Blog of Legal Times."]]> http://howappealing.law.com/020810.html#037004 http://howappealing.law.com/020810.html#037004 Mon, 08 Feb 2010 17:00:56 -0500 "Advocates push abortion-rights license plate in Va" "Advocates push abortion-rights license plate in Va": The Associated Press has this report.]]> http://howappealing.law.com/020810.html#037003 http://howappealing.law.com/020810.html#037003 Mon, 08 Feb 2010 15:15:59 -0500 "Federal investigators explore charges against Roeder" "Federal investigators explore charges against Roeder": This article appeared yesterday in The Kansas City Star.

And The Associated Press reports that "Attorneys seek new trial for abortion doc's killer."]]> http://howappealing.law.com/020810.html#037002 http://howappealing.law.com/020810.html#037002 Mon, 08 Feb 2010 15:14:50 -0500