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Thursday, September 4, 2008 All your prosthetic leg are belong to us: The Scottsbluff (Neb.) Star-Herald reports today that "Gunshot victim sues to get back prosthetic leg." And The Associated Press reports that "Neb. man sues prosecutor to get his leg back." The Kingman Reef still belongs to the United States, the U.S. Court of Appeals for the Ninth Circuit holds: According to today's interesting ruling, "Kingman Reef's only dry land consists of coral rubble and marine shells sitting less than two meters above sea level at its highest point, making it unfit for human habitation." And according to The World Factbook of the Central Intelligence Agency, "The US annexed the reef in 1922. Its sheltered lagoon served as a way station for flying boats on Hawaii-to-American Samoa flights during the late 1930s. There are no terrestrial plants on the reef, which is frequently awash, but it does support abundant and diverse marine fauna and flora. In 2001, the waters surrounding the reef out to 12 nm were designated a US National Wildlife Refuge." Additional information about the reef is available from the U.S. Fish and Wildlife Service, the Office of Insular Affairs of the U.S. Department of the Interior, and Wikipedia. The federal government has filed its Brief for Appellee in the United States v. Zacarias Moussaoui appeal now pending before the U.S. Court of Appeals for the Fourth Circuit: I have posted a copy of the unsealed Brief for Appellee at this link. Thanks to a law librarian reader of the blog for sending this along. Posted at 02:34 PM by Howard Bashman "Judge: New money design should accommodate blind." The Associated Press provides a report that begins, "When the next generations of $5, $10, $20 and $50 bills roll off the presses, there should be some way for blind people to tell them apart, a federal judge said Thursday. U.S. District Judge James Robertson said he would not allow the Treasury Department to go at its own pace as it complies with a May ruling that U.S. paper money discriminates against the blind." Posted at 12:45 PM by Howard Bashman A provision of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 is unconstitutional as applied to attorneys, a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit holds: The majority's holding rested on the free speech rights of attorneys. You can access the decision at this link. Posted at 12:44 PM by Howard Bashman "We granted rehearing en banc to decide whether a policy or practice of strip searching all arrestees as part of the process of booking them into the general population of a detention facility, even without reasonable suspicion to believe that they may be concealing contraband, is constitutionally permissible." So begins the majority opinion that the en banc U.S. Court of Appeals for the Eleventh Circuit issued today. Circuit Judge Ed Carnes wrote the majority opinion, which upholds the constitutionality of such strip searches, "at least where the strip search is no more intrusive than the one the Supreme Court upheld in Bell v. Wolfish, 441 U.S. 520 (1979)." Eleven of that court's twelve active judges joined in the decision; Circuit Judge Rosemary Barkett was the lone dissenter. Chief Judge J.L. Edmondson issued a rather amusing two-paragraph concurring opinion in which he observed: I do not write in a complaining spirit. I unhesitatingly concur in the Court's judgment and in almost all of today's Court opinion. I write separately because I think it is jurisprudentially unsound to look at a Justice's dissenting opinion to determine what the Supreme Court has decided in a case.Perhaps in response to that observation, the majority opinion notes: "Granted, it can be risky to place too much reliance on dissenting opinions because they sometimes take a Chicken Little or doomsday approach, exaggerating aspects of the majority opinion in order to have a bigger target to attack." Posted at 12:27 PM by Howard Bashman Now you can confirm whether it's true that, at oral argument, Senior First Circuit Judge Bruce M. Selya only uses tiny, little, easy-to-understand words when he speaks from the bench: The U.S. Court of Appeals for the First Circuit has joined the ever-growing ranks of federal appellate courts that are posting online audio of their oral arguments. Access to the First Circuit's oral argument feed is currently available only in RSS format, and the audio files themselves are in mp3 format. You can access the available oral argument audio files by clicking here. Posted at 12:05 PM by Howard Bashman "Protecting the lawyer-client relationship: Congress should pass the Attorney-Client Privilege Protection Act." This editorial appears today in The New York Times. Posted at 09:30 AM by Howard Bashman "High court axes 3 key amendments; The Florida Supreme Court removed three high-profile constitutional amendments from the November ballot, including one calling for a tax-swap plan": The Miami Herald today contains an article that begins, "The Florida Supreme Court dealt a blow to a tax revision plan and school vouchers Wednesday, removing from the November ballot three controversial amendments that could have dramatically altered the future of Florida. In unanimous rulings delivered less than five hours after the court heard oral arguments, the justices rejected Amendments 5, 7 and 9 on grounds they were improperly placed on the November ballot and are misleading to voters." The South Florida Sun-Sentinel reports today that "Florida Supreme Court takes property tax cut and vouchers off ballot." The St. Petersburg Times reports that "Tax swap, vouchers off Nov. ballot." The Tallahassee Democrat reports that "Amendments booted from Nov. 4 ballot." And The New York Times reports that "Court Blocks Florida Ballot Measures Intended to Help School Vouchers." You can access here and here yesterday's rulings of the Supreme Court of Florida. "Al-Arian, ex-USF professor, released from prison": This article appeared yesterday in The St. Petersburg Times. Posted at 09:20 AM by Howard Bashman Available online from law.com: Mike Scarcella reports that "Federal Circuit Hears Argument in Patent Appeals Board Challenge." The U.S. Court of Appeals for the Federal Circuit has made the audio of yesterday's oral argument available for download via this link (31.1MB mp3 audio file). In other news, Shannon P. Duffy reports that "Federal Judge Green-Lights Paxil Suit Over Teen's Suicide." The article begins, "The family of a teenager who committed suicide in 2002 after taking the antidepressant drug Paxil is not barred from suing the manufacturer, because the U.S. Food and Drug Administration had not yet taken any position on whether there was a link between the use of such drugs by pediatric patients and an increased risk of suicidality, a federal judge has ruled." You can access last week's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link. And an article reports that "Judge Spooked by Sex Offender's Donning of Sunglasses Is Dressed Down on Appeal; Use of black glasses in courtrooms is 'universally considered' to be a threatening gesture, says lower court judge." You can access yesterday's ruling of the Superior Court of New Jersey's Appellate Division at this link. "State parks agency to appeal ruling on nude sunbathing at San Onofre; Officials seek to overturn an Orange County judge's decision that allowed swimming and sunning in the buff at Trail 6; The department denies that a policy change on the issue needs a public hearing": This article appears today in The Los Angeles Times. Last week, The LATimes reported that "Judge upholds nude sunbathing along stretch of San Onofre State Beach; The court rules that state parks officials can cite nudists only if there is a complaint by a private citizen; The policy had been in place since 1979 but was revised earlier this year." And The Orange County Register reported last week that "Nudists can hit San Onofre beach this holiday weekend; Judge's final ruling halts ban on bare bodies that was to take effect Labor Day." "Suspect pleads guilty in collar bombing; Pizza delivery man died after robbing PNC Bank in 2005": The Pittsburgh Post-Gazette today contains an article that begins, "One of Pennsylvania's strangest criminal cases, a bank robbery carried out by a pizza delivery man with a bomb locked around his neck, came into clearer focus yesterday when one of the four suspects pleaded guilty." The New York Times reports today that "Key Part of Bank Robbery Lore Is False, Prosecutors Say." And The Erie Times-News contains articles headlined "Witnesses seal fate; Barnes' half brother, others provide corroboration in Wells case" and "Wells' role still unclear." Five years ago today: According to today's installment of the popular "Today in History" feature from The Associated Press, on September 4, 2003 "Miguel Estrada, whose nomination became a flash point for Democratic opposition to President Bush's judicial choices, withdrew from consideration for an appeals court seat after Republicans failed in seven attempts to break a Senate filibuster." My coverage of that day's developments began in a post that you can access here. After reaching that link's destination, simply scroll up the page to view additional related posts. "Former judges, prosecutors seek execution reprieve": In today's edition of The Austin American-Statesman, Chuck Lindell has an article that begins, "Twenty-two former federal and state judges and prosecutors have asked Gov. Rick Perry to grant death row inmate Charles Dean Hood a 30-day reprieve from his Sept. 10 execution." The Dallas Morning News reports today that "Judge recuses himself in civil proceedings involving retired judge." ABCNews.com reports that "Texas Gov. Asked to Stop Execution; Death Row Inmate Who Claims Judge, Prosecutor Had Affair Gets Hearing 2 Days Too Late." And The Associated Press reports that "Texas governor asked to stop execution next week." Garlic breath is incompatible with free speech claim, en banc Ninth Circuit rules: Today in The San Francisco Chronicle, Bob Egelko reports that "Court backs Garlic Festival in bikers' suit." Today in The Los Angeles Times, Carol J. Williams reports that "Gilroy's garlic-fest organizers savor a sweet victory; On appeal, they again win in bikers' case against event's dress code." Howard Mintz of The San Jose Mercury News reports that "Appeals court upholds Gilroy's right to ban motorcycle club from garlic festival; Gilroy Garlic Fest had banned club's insignia." And The Gilroy Dispatch reports that "Federal court rejects bikers' free speech case against Gilroy Garlic Festival." My earlier coverage of yesterday's Ninth Circuit en banc ruling appears at this link. "Kent: 'Absolutely, unequivocally not guilty.'" This article appears today in The Galveston County Daily News. Today in The Houston Chronicle, Mary Flood reports that "Federal Judge Samuel Kent promises 'a horde of witnesses.'" And at Texas Lawyer's "Tex Parte Blog," a post titled "New judge appointed to oversee federal criminal case against Judge Sam Kent" reports that Senior U.S. District Judge C. Roger Vinson of the Northern District of Florida has been selected to preside over the case going forward. Wednesday, September 3, 2008 "Downloading the law, one document at a time": Today's edition of The Press Democrat of Santa Rosa, California today contains an article that begins, "California's building codes, plumbing standards and criminal laws can be found online. But if you want to download and save those laws to your computer, forget it. The state claims copyright to those laws. It dictates how you can access and distribute them -- and therefore how much you'll have to pay for print or digital copies. It forbids people from storing or distributing its laws without consent." Posted at 11:30 PM by Howard Bashman "Tennessee's first female chief justice committed to law and 'moment'": This article appeared yesterday in The Memphis Commercial Appeal. According to the article, she's a former Pennsylvanian. Posted at 11:25 PM by Howard Bashman "Reform initiative backers argue case before Michigan Supreme Court": The Detroit News provides this update. And The Detroit Free Press provides a news update headlined "Ruling possible today on putting reform issue on ballot." "UA law school plans talks by Supreme Court justices": Today's edition of The Arizona Daily Star contains an article that begins, "The University of Arizona law school's annual tradition of bringing in U.S. Supreme Court justices to campus appears set for another year. U.S. Supreme Court Chief Justice John Roberts and retired Justice Sandra Day O'Connor plan to visit the James E. Rogers College of Law this academic year, and Justice Stephen Breyer will make two appearances next week." One of Justice Stephen G. Breyer's appearances will be at a symposium on the topic of "New Media and the Courts." You can view the agenda at this link. "Roe v. Wade makes campaign comeback; Democrats warn women that high court -- and abortion rights -- is at stake": Tom Curry, national affairs writer for MSNBC, has this report. Posted at 08:57 PM by Howard Bashman "Suspect in Erie collar bomb case pleads guilty": The Pittsburgh Post-Gazette provides this news update. The Erie Times-News provides an update headlined "Barnes pleads guilty in pizza bomber case; Sentencing set for Dec. 3." And The Associated Press reports that "Defendant in Pa. collar-bomb case pleads guilty." "Will Justice Alito Halt the Hemlock?" At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Talk about moot. On Sept. 16, Supreme Court Justice Samuel Alito Jr. and four other judges will hear the appeal of a verdict that was first rendered oh, about 2,400 years ago -- at the Trial of Socrates." Posted at 03:20 PM by Howard Bashman "Appeals court: School stifled student's protest." Today's edition of The Arkansas Democrat-Gazette contains an article that begins, "An appeals court Tuesday upheld a federal judge's ruling last fall that the Watson Chapel School District violated the First Amendment rights of a group of students who wore black armbands to school to protest a new uniform policy." The Arkansas News Bureau reports that "Appeals panel says suspensions violated Watson Chapel students' rights." And The Associated Press provides a report headlined "8th Circuit: Students can wear armbands to protest dress code." My earlier coverage of yesterday's Eighth Circuit ruling appears at this link. "Time extended for Big Dig prosecution; WWII fraud law applies, judge rules": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "A federal judge has ruled that prosecutors can pursue scores of fraud charges against former employees of a Big Dig contractor - even though the statute of limitations had expired - because the United States was at war for much of this decade. In an unusual ruling that introduced questions of war and peace into a corruption case, US District Court Judge Richard G. Stearns said prosecutors can extend the ordinary five-year window to pursue 85 fraud charges against six former managers of Aggregate Industries NE Inc. by applying a seldom-used World War II-era law." And The Associated Press reports that "Judge says WWII era law applies in Big Dig case." My earlier coverage of last Friday's ruling appears at this link. "We must decide whether guests at the Gilroy Garlic Festival can hold the City of Gilroy in California and the Gilroy Garlic Festival Association liable in a civil rights action when they are escorted from the event by a City police officer for violating the Festival's dress code." Today, an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in a case brought by individuals who were required to leave the Gilroy Garlic Festival because their motorcycle club's insignia was deemed to have violated the Festival's dress code. By a vote of 7-4 in part, and 6-5 in part, the en banc court affirmed the rejection of the plaintiffs' claims. Posted at 01:40 PM by Howard Bashman "Federal Judge Samuel Kent promises 'a horde of witnesses'": Mary Flood of The Houston Chronicle has a news update that begins, "U.S. District Judge Samuel Kent stood before a fellow federal judge this morning and vehemently proclaimed his innocence of three federal sexual crimes in his indictment." And The Associated Press reports that "Judge pleads not guilty to sex crime charges." "Subpoena names AutoAdmit commenter": This article appears today in The Yale Daily News. Posted at 09:27 AM by Howard Bashman "Presidential Candidates & Judicial Nominees": You can access last Saturday's broadcast of C-SPAN's "America and the Courts" program by clicking here. C-SPAN also has made available at this link the entire panel discussion from the American Bar Association's recent annual meeting in New York City. RealPlayer is required to launch these video clips. Posted at 09:12 AM by Howard Bashman Available online from law.com: An article reports that "2nd Circuit Reinstates NYC's RICO Allegation of Tax Loss From Online Cigarette Sales." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link. In other news, "9th Circuit Deals Blow to Altered Crops." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. And an article is headlined "No 'Legitimate' Privacy Expectation in Data on Office Computer, Court Says." You can access last Friday's ruling of the Superior Court of New Jersey's Appellate Division at this link. In commentary available online from FindLaw: Joanna Grossman has an essay entitled "The California Supreme Court Rules That Fertility Doctors Must Make Their Services Available to Lesbians, Despite Religious Objections." And Anita Ramasastry has an essay entitled "A City Tries to Stop a Woman from Linking to Its Website: Why Most Challenges to Links Will Not Succeed, and What the Rare Exceptions May Be." "Indicted judge to make first court appearance": The Associated Press provides a report that begins, "U.S. District Judge Samuel Kent, usually in charge of dispensing justice, was set to find himself in an odd place: standing in front of the bench as a defendant. Kent was to make his first court appearance Wednesday after being indicted last week on federal sex crimes following a Department of Justice investigation." Posted at 08:50 AM by Howard Bashman Tuesday, September 2, 2008 "Kent one of few US jurists indicted while on bench": The Associated Press provides this report. Posted at 11:05 PM by Howard Bashman "Patent Appeals Board Constitutionality Targeted in Federal Circuit": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times." Posted at 11:04 PM by Howard Bashman In today's mail: A copy of Christopher Buckley's forthcoming novel "Supreme Courtship" -- in large type, no less, making it all the more funny. Posted at 06:02 PM by Howard Bashman "Granholm seeks quick go-ahead from Michigan Supreme Court": The Detroit Free Press provides a news update that begins, "Michigan Gov. Jennifer Granholm has just asked the state Supreme Court to weigh in on the crisis over Detroit Mayor Kwame Kilpatrick and rule as soon as possible on whether the governor can hold a public hearing scheduled for Wednesday that could result in the firing of Kilpatrick." The newspaper has posted a copy of the Governor's request at this link. And the newspaper also has a news update headlined "Appeal on removal hearings begins; mayor's lawyers arrive late." In other coverage, The Associated Press reports that "Mich. high court asked to take Detroit mayor case." "Protocol For En Banc Oral Argument Hearing in United States v. Nacchio on September 25, 2008": The U.S. Court of Appeals for the Tenth Circuit posted this order online today. Posted at 03:40 PM by Howard Bashman "US releases 3 from Guantanamo; about 255 left": The Associated Press provides this report. Posted at 03:15 PM by Howard Bashman "In this case, the court is asked to determine whether the United States is presently at war, and if so, with whom." So begins a quite interesting opinion that U.S. District Judge Richard G. Stearns of the District of Massachusetts issued last Friday. Posted at 12:35 PM by Howard Bashman "Defendants argue that the district court erred in holding that discipline of plaintiffs for wearing armbands that protested the school's dress code was unconstitutional." Students disciplined for wearing black armbands to public school to protest their school's dress code policy have achieved a First Amendment victory in a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today. Posted at 12:15 PM by Howard Bashman "Forgotten, man sits in jail for two years": Sunday's edition of The St. Louis Post-Dispatch contained an article that begins, "Joseph A. Shepard Sr. sat in local jails for almost two years, assuming that his lawyer was making progress on his case and that drug-related charges against him would soon be resolved in federal court." Posted at 10:27 AM by Howard Bashman "Solving the U.S. atttorneys stalemate: Rather than stalling Congress' probe into the firing of nine U.S. attorneys, the Bush administration should seek a compromise." This editorial appears today in The Los Angeles Times. Posted at 07:42 AM by Howard Bashman "Lawyers: Gonzales mishandled classified data." Lara Jakes Jordan of The Associated Press has a report that begins, "Former Attorney General Alberto Gonzales mishandled highly classified notes about a secret counterterror program, says a memo by his legal team, which touches on one of the most contentious episodes of high-level infighting in the Bush administration's war on terror." And The Washington Post reports today that "Report Faults Handling of Wiretap Notes; No Evidence of Data Breach; Criminal Sanctions Unlikely Against Gonzales." "U.S. fights to bar Nacchio witness": This past Saturday's edition of The Rocky Mountain News contained an article that begins, "Former Qwest CEO Joe Nacchio's attorneys had 'ample opportunity' to establish the reliability of an expert witness but failed to do so, federal prosecutors argued Friday. The filing was made in advance of oral arguments Sept. 25 in front of the full 10th Circuit Court of Appeals." And The Associated Press provides a report headlined "Prosecutors: New Nacchio trial would be 'drastic.'" Monday, September 1, 2008 "'Supreme Courtship' by Christopher Buckley: The author takes satirical aim at America's highest court." Columnist Patt Morrison has this essay today in The Los Angeles Times. Posted at 04:57 PM by Howard Bashman "Law named for slain Laci Peterson, unborn son yet to be tested": Michael Doyle of McClatchy Newspapers has this article. According to the article, "So far, Bureau of Justice Statistics databases don't show any federal prosecutions under the law, also known as the Unborn Victims of Violence Act." "Washington Gun Ownership to Go Through One Man": The New York Times today contains an article that begins, "Residents here who buy a gun to keep legally at home, now that the Supreme Court has overturned the city's ban on handguns, will find that a bureaucratic maze leads them to an unmarked door on Good Hope Road Southeast where Charles W. Sykes Jr. does business." Posted at 10:50 AM by Howard Bashman "The Courts and Mr. Arar": This editorial appeared yesterday in The New York Times. Posted at 10:45 AM by Howard Bashman "Death penalty upheld for Orange County white supremacist; The California Supreme Court upholds the ruling in the case of Gunner Lindberg, the first person in the state condemned to die for a racially motivated murder; The victim was a Vietnamese American": Saturday's edition of The Los Angeles Times contained this article. The Orange County Register on Friday reported that "High court affirms death for O.C. hate crime killing; Gunner Lindberg was the first defendant to get death for the special circumstances of committing a murder out of racial hatred." And Metropolitan News-Enterprise reported on Friday that "Death Sentence Upheld for White Supremacist in Hate Crime." You can access last Thursday's ruling of the Supreme Court of California at this link. Saturday, August 30, 2008 "Republicans in California Assembly fail to block plan to upgrade courthouses; GOP lawmakers criticize state Chief Justice Ronald George for his rulings on gay marriage and parole for murderers": This article appears today in The Los Angeles Times. Posted at 06:02 PM by Howard Bashman "UCLA accused of illegal admissions practices; A professor resigns as an admissions committee member, saying the university is factoring race into acceptance decisions, a violation of state law": The Los Angeles Times contains this article today. Posted at 05:58 PM by Howard Bashman "November Ballots Include Abortion Issues; South Dakota's Initiative Would Ban the Procedure, Except in Certain Cases": This article appears today in The Washington Post. Posted at 05:18 PM by Howard Bashman "Affirmative-action foes give up on 2008 ballot": Today in The Arizona Daily Star, Howard Fischer has an article that begins, "Backers of a plan to constitutionally ban government affirmative action programs in the state gave up Friday in their legal efforts to get on the ballot." And The Associated Press reports that "Ariz. ballot campaign on affirmative action ends." "Figure in Clinton Impeachment Is Named to Florida Supreme Court": This article appeared yesterday in The New York Times. The Ledger of Lakeland, Florida reported yesterday that "Lakeland's Canady Rises To High Court; Judge is one of Florida's most conservative voices." The Miami Herald reported yesterday that "Canady chosen for high court; Gov. Charlie Crist selected ex-congressman Charles Canady for Florida's Supreme Court, the first of four appointments Crist will make to the court in the coming months." The South Florida Sun-Sentinel reported yesterday that "Gov. Charlie Crist picks his first Supreme Court justice." The Palm Beach Post reported yesterday that "Lakeland judge fills Supreme Court seat." And The Associated Press reports that "Clinton impeachment prosecutor on Fla. high court." "Buckley Satire Throws the Book at the High Court; Christopher Buckley's new book presents an unlikely justice": law.com's Tony Mauro has this report. I previously collected several reviews of the book in a post that you can access here. "Family of Bonds's Trainer Feeling More Pressure": The New York Times today contains an article that begins, "Federal authorities are considering criminal charges against both the wife and the mother-in-law of Greg Anderson, Barry Bonds's former personal trainer, in an effort to pressure Anderson to testify against Bonds, according to a lawyer for Anderson's wife and other people with knowledge of the case." And today in The San Francisco Chronicle, Lance Williams reports that "Trainer's mom-in-law new player in Bonds case." In commentary available online from FindLaw: Vikram David Amar has an essay entitled "An Important Upcoming Supreme Court Case Raises Questions About Both the Fourth Amendment and the Weight of Precedent." And Edward Lazarus has an essay entitled "A New York Times Study of the Effect of Partisan Selection of Immigration Judges Illustrates Why Vetting Works, and Why Ideology Matters." "Despite legal troubles, Kent has no plans to leave bench; Federal judge will hear cases while he's facing sex abuse charges": This article appears today in The Houston Chronicle. And The Galveston County Daily News reports today that "Kent to keep hearing cases." "Veep Nominee Palin and the Exxon Valdez Case": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 09:37 AM by Howard Bashman "Bush Seeks to Affirm a Continuing War on Terror": Eric Lichtblau has this article today in The New York Times. Posted at 09:33 AM by Howard Bashman Friday, August 29, 2008 "Real Trouble: A federal judge's behavior could move the line between judicial freedom and misconduct." Terry Carter will have this profile of U.S. District Judge Manuel L. Real of the Central District of California in the September 2008 Issue of ABA Journal magazine. Posted at 04:05 PM by Howard Bashman "Opinion of 'Bible bill' is up for interpretation; Both sides of the Scripture-in-school dispute say Abbott backed them up": The Houston Chronicle today contains an article that begins, "Texas Attorney General Greg Abbott was supposed to settle a dispute over whether public schools must offer a course in Biblical study, but his opinion Thursday created more confusion." You can access at this link the opinion letter that the Attorney General of Texas issued yesterday. Mad cow in the D.C. Circuit: A divided three-judge panel issued this decision today. Posted at 11:25 AM by Howard Bashman "U.S. Court Upholds Dismissal of KPMG Tax Indictments": Bloomberg News provides a report that begins, "A U.S. appeals court upheld a judge's decision to throw out the indictment of 13 former KPMG LLP executives for tax-fraud after finding federal prosecutors violated their constitutional right to legal counsel." Reuters reports that "Court upholds dismissal of charges in KPMG case." The Associated Press reports that "Dismissal upheld in KPMG case." law.com reports that "2nd Circuit Upholds End of Cases Against Former KPMG Employees." And today's edition of The Wall Street Journal contains an editorial entitled "White-Collar Justice." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Meanwhile, in related coverage, The New York Times reports today that "U.S. Lifts a Policy in Corporate Crime Cases." And USA Today reports that "Justice can't ask firms to waive legal privilege; Guidelines rein in Enron era practices." "U.S. District Judge Samuel Kent indicted in sex case": This article appears today in The Houston Chronicle, along with articles headlined "Accusations bring Kent a different kind of notoriety" and "Prosecutors face task of offsetting aura of authority." In addition, columnist Rick Casey has an op-ed entitled "Judging the judges who judged Kent." The newspaper has posted the indictment online at this link. The Galveston County Daily News reports today that "Indicted Judge Kent 'ready' to fight, lawyer says." The Associated Press reports that "Federal judge indicted on sex abuse charges." ABCNews.com reports that "Federal Judge Indicted in Sex Abuse Case; Samuel Kent Faces Sex Abuse Charges; His Lawyer Claims Relationship Was Consensual." And Texas Lawyer has an article headlined "Kent Indicted: Lawyer Says Judge 'Angry and Ready for the Fight.'" Yesterday, the U.S. Department of Justice issued a news release titled "U.S. District Court Judge Charged With Attempted Aggravated Sexual Abuse and Abusive Sexual Contact." "Obama's Job No. 1 Is Halt Court's Rightward Swing": Bloomberg News columnist Ann Woolner has this essay today. Posted at 09:52 AM by Howard Bashman Thursday, August 28, 2008 "U.S. District Judge Samuel Kent indicted in sex case": The Houston Chronicle provides a news update that begins, "U.S. District Judge Samuel Kent was indicted Thursday on charges of abusive sexual contact and aggravated sexual abuse, making him the first federal judge to be charged with federal sex crimes and the first in Texas to be indicted in recent history." Posted at 06:00 PM by Howard Bashman "Federal court in Ohio OKs 1912 'gold' lease clause": The Associated Press provides this report. My earlier coverage of yesterday's Sixth Circuit ruling appears at this link. And, as The Vancouver Sun noted earlier this week in an article headlined "A case of conflicting principles that's as good as gold; Judge decides how to split up the booty when the protection of property and protection of commercial transactions collide," gold coins were also recently the subject of a court ruling in Canada. "Roberts to judge UF court contest": Yesterday's edition of The Gainesville Sun contained an article that begins, "The chief justice of the U.S. Supreme Court will judge a competition of University of Florida law students on Sept. 5." According to the article, "Chief Justice John Roberts will judge moot court at the Phillips Center. Four law students will write briefs and make oral arguments in a fictional case on the Constitutionality of anti-abortion license plates." And The National Law Journal provides a news update headlined "Chief justice to judge Florida Law moot court competition." (Via the ABA Journal's "Law News Now" blog.) "Mexican Supreme Court upholds legal abortion": The Associated Press provides a report that begins, "Mexico's Supreme Court voted 8-3 Thursday to uphold legal abortion in the capital, opening the possibility that similar measures could be adopted elsewhere in Mexico - and perhaps beyond." Reuters reports that "Mexico's top court upholds abortion law." Agence France-Presse reports that "Mexico's Supreme Court upholds capital's abortion law." And The Guardian (UK) provides a news update headlined "Court backs Mexico City's free abortion law; Absolute right to terminate pregnancy up to 12 weeks has sparked national debate on longstanding taboo." "2nd Circuit Appears Skeptical of Validity of Patriot Act's National Security Letters": law.com provides this report. Posted at 09:35 AM by Howard Bashman "Ohio Judge, 82, Sees History's 'Spark' in Obama's Nomination": Bloomberg News provides this report about retired Sixth Circuit Judge Nathaniel R. Jones. Posted at 09:32 AM by Howard Bashman Wednesday, August 27, 2008 "Al-Arian Files Habeas for Release": Josh Gerstein of The New York Sun has this news update. Posted at 08:50 PM by Howard Bashman Recently on C-SPAN's "America and the Courts": This past Saturday's broadcast was titled "Panel on the American Press in Times of War." C-SPAN has also made the entire panel presentation available for viewing at this link. And the broadcast from two Saturdays ago was titled "Linda Greenhouse, Former New York Times Supreme Court Reporter." RealPlayer is required to launch these video clips. Reviews of Christopher Buckley's forthcoming novel "Supreme Courtship": The Associated Press has a review headlined "Judge Judy on the Supreme Court? Buckley's latest political satire is breezy and delightful." Monday in The New York Times, Janet Maslin had a review of the book headlined "A Texas Babe to Join the Brethren (Any Dissenting Opinions?)" And on Sunday, The Washington Post published this review of the book. "Dissent upsets high court; Majority stifled fellow justice's opinion, only to OK it after media calls, Diaz says": This article appeared last Saturday in The Clarion-Ledger of Jackson, Mississippi. Posted at 08:25 PM by Howard Bashman "Wyoming loses gun case in federal court": The Associated Press provides a report that begins, "A federal appeals court in Denver has ruled that a Wyoming state law that seeks to allow people convicted of misdemeanor domestic violence to regain their gun rights fails to meet federal requirements. A three-judge panel of the 10th U.S. Circuit Court of Appeals on Monday ruled that the procedure spelled out in Wyoming law actually fails to expunge the criminal record of people convicted of domestic violence." In response to the ruling, the Brady Campaign to Prevent Gun Violence has today issued a news release headlined "Brady Center Hails Court Ruling Blocking Domestic Abusers From Getting Guns." You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. "Judge fears secret hearings over Guantanamo Bay": The Associated Press provides this report. Posted at 03:21 PM by Howard Bashman "Exxon Valdez settlement checks could be distributed in October; Partial agreement reached in long case": The Anchorage Daily News today contains an article that begins, "Lawyers in the epic Exxon Valdez court case have negotiated a settlement to pay out most of the $507.5 million the U.S. Supreme Court awarded in June, the lead attorney for the plaintiffs confirmed Tuesday." Posted at 03:18 PM by Howard Bashman "Top Mexico court shows support for abortion law": The Associated Press provides a report that begins, "The Supreme Court indicated Wednesday it will uphold a Mexico City law allowing abortion that has divided the country. Four of the 11 Supreme Court justices said during deliberations that they would vote against declaring the law unconstitutional. Eight votes would be needed to strike it down." Posted at 02:35 PM by Howard Bashman Not an erotic dancing opinion, but nevertheless worth a look: An opinion in a case captioned 216 Jamaica Avenue v. S & R Playhouse has perhaps a better than average chance at involving erotic entertainment, but alas that proved not to be the case with regard to this decision that the U.S. Court of Appeals for the Sixth Circuit issued today. Yet the opinion remains of interest because the decision considers the enforceability of a contractual provision, contained in a lease executed in 1911, stating that "[a]ll of said rents shall be paid in gold coin of the United States of the present standard of weight and fineness." The trial court had held that the provision was unenforceable. But today, in an opinion by Circuit Judge Jeffrey S. Sutton, the Sixth Circuit reaches the opposite conclusion. "Bush steps up fight over congressional authority": The Associated Press provides a report that begins, "The Bush administration is raising the stakes in a court fight that could change the balance of power between the White House and Congress. Justice Department lawyers said Wednesday that they will soon ask a federal appeals court not to force the president's top advisers to comply with congressional subpoenas next month. President Bush argues Congress doesn't have the authority to demand information from his aides." Posted at 11:50 AM by Howard Bashman Retrospective programming note: No posts appeared here after 4 p.m. yesterday because my son and I last night were at Citizens Bank Park in Philadelphia to watch the Phillies host the New York Mets. You can access the box score at this link, while wraps are available here and here. The thirteen-inning game made for a late, but ultimately very satisfying, night at the ballpark. Additional coverage can be accessed here and here. With the Phillies on the road this weekend in Chicago, the next baseball game that my son and I will be attending will be this Sunday's game at Nationals Park in Washington, D.C., where the Nationals will host the Atlanta Braves. Some readers may recall that we made our first trek down to that new ballpark earlier this year, on Memorial Day weekend. "Judge Allows No Delay of Miers's Testimony About Fired Prosecutors": Dan Eggen has this article today in The Washington Post. You can access at this link yesterday's ruling of the U.S. District Court for the District of Columbia. Nudists in court battle in California: According to an article headlined "Nudists Want State to Look the Other Way" published today in The New York Times, the dispute concerns "a remote patch of San Onofre State Beach, where birthday suits far outnumber bathing ones." In the very unlikely event that the dispute reaches the U.S. Court of Appeals for the Federal Circuit, the nudists are reminded that they must wear at least a necktie if arguing the case pro se. "The Myth of Biden v. Bork": In today's issue of The New York Times, Law Professor Jeffrey Rosen has an op-ed that begins, "When Joseph R. Biden Jr. stands on the podium in Denver tonight as Barack Obama's vice presidential nominee, conservatives of a certain age will see a bogeyman who, as chairman of the Senate Judiciary Committee, presided over the Supreme Court confirmation hearings of Robert Bork and Clarence Thomas." Posted at 08:14 AM by Howard Bashman "Federal obscenity case, filed 5 years ago, has stalled": Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "In August 2003, the U.S. attorney's office in Pittsburgh made national headlines by filing obscenity charges against a California company that makes graphic pornography. At the time, many saw the case against Extreme Associates as a prelude of things to come under then-Attorney General John Ashcroft. But in the five years since, the case has languished. There had been no entries in the case docket since Aug. 17, 2007, until a reporter called the judge's chambers last week to inquire about the case." (Via "LawBeat"). Posted at 08:10 AM by Howard Bashman "Review shows Biden's 'intersection of interests' on bill; Opposed measure to cut down on asbestos lawsuits": This article appears today in USA Today. Posted at 08:00 AM by Howard Bashman "FBI Accused Of Violating 1st Amendment": Today in The New York Sun, Joseph Goldstein has an article that begins, "The American Civil Liberties Union today will ask an appeals court in Manhattan to rule that the Federal Bureau of Investigation's use of so-called national security letters violates the First Amendment." Posted at 07:58 AM by Howard Bashman Tuesday, August 26, 2008 "Ohio man sentenced for writing racial hate letters": The Associated Press provides a report that begins, "A man who wrote hundreds of hateful letters to black and mixed race men -- including Supreme Court Justice Clarence Thomas and New York Yankees shortstop Derek Jeter -- was sentenced Tuesday to three years and 10 months in prison." And The Cleveland Plain Dealer provides a news update headlined "Writer of racist threats sentenced to nearly four years." "Mexico City abortion law in supreme court battle": Agence France-Presse provides this report. And earlier, Reuters reported that "Mexico's supreme court to rule in abortion fight." "Feds push child-porn cases; penalty can be years in prison": Howard Mintz had this article in Sunday's edition of The San Jose Mercury News (via "Sentencing Law and Policy" blog). Posted at 12:10 PM by Howard Bashman "U.S. seeks clarity on Rapanos ruling": Lyle Denniston has this post at "SCOTUSblog." Posted at 12:07 PM by Howard Bashman "Vetted Judges More Likely to Reject Asylum Bids": In Sunday's edition of The New York Times, Charlie Savage had an article that begins, "Immigrants seeking asylum in the United States have been disproportionately rejected by judges whom the Bush administration chose using a conservative political litmus test, according to an analysis of Justice Department data." The article features charts and graphs. "Calif. High Court Surprises by Expanding Arbitration Review": law.com provides a report that begins, "Reversing three state appellate rulings and possibly running afoul of the U.S. Supreme Court, California's high court on Monday expanded trial court judges' power to review arbitration decisions." You can access yesterday's ruling of the Supreme Court of California at this link. "Bonds' lawyers move to dismiss 10 charges": Today in The San Francisco Chronicle, Lance Williams has an article that begins, "Barry Bonds' legal team took a second run Monday at paring back the indictment facing the former Giants' slugger, who is accused of lying to a federal grand jury about whether he used steroids." Posted at 08:17 AM by Howard Bashman "Law School Rankings Reviewed to Deter 'Gaming'": Today in The Wall Street Journal, Amir Efrati has a front page article that begins, "The most widely watched ranking of U.S. law schools may move to stop an increasingly popular practice: schools gaming the system by channeling lower-scoring applicants into part-time programs that don't count in the rankings." Non-subscribers to WSJ.com can obtain free access to the full text of the article via Google News or directly by clicking here. "Typo vigilantes answer to letter of the law; Crusaders whited-out, corrected historic Canyon sign": Last Friday's edition of The Arizona Republic contained an article that begins, "Two self-anointed 'grammar vigilantes' who toured the nation removing typos from public signs have been banned from national parks after vandalizing a historic marker at the Grand Canyon. Jeff Michael Deck, 28, of Somerville, Mass., and Benjamin Douglas Herson, 28, of Virginia Beach, Va., pleaded guilty in U.S. District Court in Flagstaff after damaging a rare, hand-painted sign in Grand Canyon National Park. They were sentenced to a year's probation, during which they cannot enter any national park, and were ordered to pay restitution. According to court records, Deck and Herson toured the United States from March to May, wiping out errors on government and private signs. On March 28, while at Desert View Watchtower on the South Rim, they used a white-out product and a permanent marker to deface a sign painted more than 60 years ago by artist Mary Colter. The sign, a National Historic Landmark, was considered unique and irreplaceable, according to Sandy Raynor, a spokeswoman for the U.S. Attorney's Office in Phoenix." And in other coverage, The Associated Press reports that "Men banned from national parks after vandalism." Back on March 28, 2008, The Boston Globe profiled the men and their mission in an article headlined "On the road looking for typos; Grammar-conscious pals set signs straight." At least it's still lawful to photograph gramatically incorrect signs and mock them on blogs. Monday, August 25, 2008 "Paw prints in judge's office spell end for masked bandit": The Atlanta Journal-Constitution provides a news update that begins, "The judge took it in with a swift look -- the papers in disarray; the remainders of what the thief had left; footprints leading away from the scene. Analysts came. They photographed the scene, took an inventory of missing goods, and agreed: a bandit had breached security at the Richard B. Russell Federal Building. No longer. Authorities trapped the bandit Monday morning as he prowled in the ceiling above offices where judges dispense justice. Now, extradition awaits the masked intruder, a young raccoon." And The Associated Press reports that "Raccoon's courthouse crime spree ends with capture." The Associated Press is reporting: Now available online are articles headlined "Bonds seeks dismissal of most of criminal case"; "Leaking battery forces D.C. courthouse evacuation"; "Gay marriage foes mobilize for ban in California"; and "Ban on unmarried adoptions cleared for Ark. ballot." Posted at 10:25 PM by Howard Bashman "Union members have right to picket malls, court rules": Bob Egelko of The San Francisco Chronicle has a news update that begins, "California shopping malls can't prohibit union members from carrying picket signs, standing on sidewalks or picketing during the peak holiday season, a federal appeals court ruled Monday. In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco overturned restrictions on picketing imposed by a company that manages shopping centers in Santa Cruz and Sacramento." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Welcome back, readers! I'm pleased to report that my family and I had a wonderful time visiting the Galapagos Islands last week. Thanks to Lindblad Expeditions for a tremendously exciting and informative vacation. Among those on the boat with us were a former employee of the Administrative Office of the U.S. Courts who had worked on court rule revision issues. Also on the trip was a school teacher in the Louisville public school system who had an interesting perspective on the U.S. Supreme Court's recent race-based school assignment ruling. Coincidentally, the teacher resides close to the home of Sixth Circuit Chief Judge Danny J. Boggs. Although we were supposed to arrive home early this morning, so-called "crew legalities" -- namely, the rule that pilots must have ten hours' rest after a day of work -- prevented our flight from Guayaquil, Ecuador from departing on time to Miami on Sunday morning, meaning that we missed our connection last night to Philadelphia. Instead, we arrived home this evening. After flying from the Galapagos Islands to mainland Ecuador midday this past Saturday, my family and I that evening toured the must-see riverfront development in Guayaquil known as the Malecon followed by a very tasty dinner at El Caracol Azul. Taxi service in Guayaquil is very inexpensive, and gasoline prices are under two dollars per gallon. (Although Ecuador has adopted the metric system for most purposes, gasoline is still measured in gallons at the pump.) My wife (the best photographer in our family) took hundreds of photos during our trip, and once she has had a chance to select some of the best, I will post a few images from our Galapagos journey here at "How Appealing." My principal reading material on vacation was Seventh Circuit Judge Richard A. Posner's book "How Judges Think," allowing Judge Posner to visit the Galapagos in thought if not in body. In any event, now that I have read nearly all of the book, I can confidently recommend it highly to others who are interested in appellate theory. Regular posts will appear here again on Tuesday morning.  
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