How Appealing



Thursday, January 11, 2007

“Supreme Court again hears Ann Arbor same-sex benefits case”: The Associated Press provides a report that begins, “The Michigan Supreme Court again heard arguments Thursday in a lawsuit challenging the Ann Arbor school district’s same-sex benefits policy.”

Posted at 9:55 PM by Howard Bashman



Password-shmassword, Fourth Circuit holds: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit held that a wife had authority to allow police to search the contents of her husband’s password-protected computer, even though only the husband knew the password. The police accessed the files by mirroring the computer’s hard drive, which avoided any need to ascertain the password. Although the computer was password-protected, none of the files on the computer were themselves encrypted. You can access today’s ruling at this link.

Posted at 5:25 PM by Howard Bashman



“The Brennan Memos: Brennan dishes on his colleagues.” Jim Newton has this jurisprudence essay online at Slate. This is part three in a three-part series. Links to the two earlier parts are available via the foregoing link.

Posted at 5:15 PM by Howard Bashman



Programming note: The work-related matter that has caused me to be in Washington, DC today will have me off-line for much of the day. Additional posts will appear later today.

Posted at 9:45 AM by Howard Bashman



“Roberts’ Rules: In an exclusive interview, Chief Justice John Roberts says that if the Supreme Court is to maintain legitimacy, its justices must start acting more like colleagues and less like prima donnas.” Law Professor Jeffrey Rosen has this article [update: free access now available] in the January/February 2007 issue of The Atlantic Monthly.

Ann Althouse provides extensive excerpts from the article in this blog post.

Posted at 8:20 AM by Howard Bashman



Available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled “Just Say No Twice: The Supreme Court declines to pay its union dues.”

Emily Bazelon has a jurisprudence essay entitled “Four Ways To Stop the War: What Congress could do–if it dared.”

And Meghan O’Rourke has an essay entitled “The Copycat Syndrome: Plagiarists at work” focusing on Seventh Circuit Judge Richard A. Posner‘s new book, “The Little Book of Plagiarism.”

Posted at 8:17 AM by Howard Bashman



“A voice from Gitmo’s darkness: A current detainee speaks of the torture and humiliation he has experienced at Guantanamo since 2002.” Jumah al-Dossari has this op-ed today in The Los Angeles Times.

Posted at 7:20 AM by Howard Bashman



“Justice enters Prop 2 case; Court seeks briefs; U-M drops race, gender to qualify”: This article appears today in The Detroit Free Press.

The Lansing State Journal reports today that “D.C. law firm pushes for Prop 2 compliance; U-M to follow law as courts consider appeal.”

The Ann Arbor News reports that “U-M to ignore race and gender on applications; University will comply with Proposal 2 immediately.”

And The Michigan Daily reports that “Despite Prop 2, race will stay on applications; ‘U’ will trust admissions officers to ignore race, gender.”

Posted at 7:18 AM by Howard Bashman



“Jury selection to begin in Nichols trial”: The Atlanta Journal-Constitution today contains an article that begins, “Jury selection begins Thursday in the death penalty trial of accused courthouse killer Brian Nichols.”

Posted at 7:04 AM by Howard Bashman



“Bush Resubmits Judge’s Name; Bar Associations Oppose Bryant For Federal Bench, But She Has Key Backing”: The Hartford Courant today contains an article that begins, “The White House has resubmitted its federal judicial nomination of state Judge Vanessa L. Bryant, whose appointment the U.S. Senate failed to act upon last year after she underwent a bruising review of her qualifications.”

Posted at 6:54 AM by Howard Bashman



“Let There Be ‘Blight’: Welcome to the post-Kelo world.” William R. Maurer has this op-ed today in The Wall Street Journal.

Posted at 6:35 AM by Howard Bashman



It’s allegedly hard out here for a former federal prosecutor: The Newark Star-Ledger today contains an article headlined “Former U.S. prosecutor charged in call-girl ring; Ex-trooper also arrested in a ‘disgraceful’ case.”

The New York Post today contains an article headlined “All Rise! Lawyer ‘Pimped’; Ran a brothel for busted client: DA.”

The New York Times reports that “A Tough Defense Lawyer Finds He’s in Need of One.”

And The New York Sun reports that “Former Prosecutor Accused Of Running Prostitution Ring.”

Thanks to YouTube, you can access a video of the Oscar-winning song “It’s Hard Out Here for a Pimp” by clicking here.

Posted at 6:20 AM by Howard Bashman



“Two Recent Federal Appellate Decisions on Prisoners’ Religious Exercise Claims: Illustrations of the Application of the Religious Land Use and Institutionalized Persons Act to the Prison Context.” Marci Hamilton has this essay online today at FindLaw.

Posted at 6:05 AM by Howard Bashman



“Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?” That was the title of the December 4, 2006 installment of my “On Appeal” column for law.com.

In that essay, I criticized a recent ruling of the U.S. Court of Appeals for the Ninth Circuit and a recent ruling of the Superior Court of Pennsylvania.

On Wednesday, the Pa. Superior Court withdrew its three-judge panel opinion and granted reargument en banc of its decision. You can access that court’s docket entries at this link.

Posted at 12:28 AM by Howard Bashman