How Appealing

Wednesday, April 24, 2013

"Despair Drives Guantanamo Detainees to Revolt": Charlie Savage will have this article Thursday in The New York Times.
Posted at 09:57 PM by Howard Bashman

"Once Under Wraps, Supreme Court Audio Trove Now Online": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:05 PM by Howard Bashman

Good time was not had by all: Not only is being held as an enemy combatant no fun, but it also does not entitle the former detainee to good time credit against a subsequently imposed federal criminal sentence, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit held in a ruling issued today.

On the losing side of today's ruling is Ali Saleh Kahlah al-Marri, who is currently serving a 100-month federal sentence at ADX-Florence (more information available here, here, here, here, and here) for conspiracy to provide material support or resources to a foreign terrorist organization (al-Qaeda).
Posted at 07:32 PM by Howard Bashman

"Ninth Circuit Judge M. Margaret McKeown to Lead Federal Judges Association": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.

Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "McKeown Named Federal Judges Association President."
Posted at 07:10 PM by Howard Bashman

"Pa. high court settles shale gas rights question": The Associated Press has a report that begins, "Pennsylvania's Supreme Court is reinforcing long-standing case law on mineral rights that has guided the natural gas industry since it began exploring the Marcellus Shale formation."

Today's ruling of the Supreme Court of Pennsylvania consists of the opinion of the court and a concurring opinion.
Posted at 06:18 PM by Howard Bashman

"Military Declassifies Motion To Declassify Guantanamo Detainees' Thoughts On Torture": Ryan J. Reilly of The Huffington Post has this report.
Posted at 05:58 PM by Howard Bashman

"Man Convicted of Hacking Despite Not Hacking": David Kravets has this post at's "Threat Level" blog.
Posted at 05:12 PM by Howard Bashman

"The United States Can't Be the World's Courthouse: Why the Supreme Court just killed off a whole category of human rights suits." Law professor Eric Posner has this essay online at Slate.
Posted at 04:15 PM by Howard Bashman

"Argument recap: Who makes law?" Lyle Denniston has this post at "SCOTUSblog."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Metrish v. Lancaster, No. 12-547.
Posted at 03:54 PM by Howard Bashman

"Court seems split on doctor's discrimination suit": Jesse J. Holland of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in University of Tex. Southwestern Medical Center v. Nassar, No. 12-484.
Posted at 03:52 PM by Howard Bashman

"Military tribunals don't work": Columnist Dana Milbank of The Washington Post has this op-ed.
Posted at 02:00 PM by Howard Bashman

"Is This the Supreme Court's Next Big Economic Liberty Case?" Damon W. Root has this post today at's "Hit & Run" blog.
Posted at 01:55 PM by Howard Bashman

"Caught in the System, Ex-Hacker Is Stalked by His Past": Kim Zetter has this post today at's "Threat Level" blog.
Posted at 01:54 PM by Howard Bashman

"Circuit Judge Gets Quick Confirmation": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 01:34 PM by Howard Bashman

"Bad Supreme Court decision for Lewis & Clark: 200 wiseguy words." Columnist David Sarasohn of The Oregonian has this essay.
Posted at 01:30 PM by Howard Bashman

"Blogger, Federal Judge, Supreme Court Critic": Ashby Jones has this post (subscription required for full access) today at's "Law Blog."
Posted at 01:27 PM by Howard Bashman

"Supreme Court watchers keeping an eye on Justice Ruth Bader Ginsburg's possible retirement": Cheryl K. Chumley of The Washington Times has this report.
Posted at 01:24 PM by Howard Bashman

By a vote of 96-to-0, the U.S. Senate has confirmed Jane Kelly of Iowa to serve on the U.S. Court of Appeals for the Eighth Circuit: The official roll call vote tally can be accessed here.
Posted at 01:05 PM by Howard Bashman

"Only judges may make decisions in child custody cases." Yesterday, the Supreme Court of Pennsylvania issued an order adopting a new Pennsylvania Rule of Civil Procedure that will eliminate the use of parent coordinators in child custody cases.

On December 31, 2008, a former client of mine lost his appeal challenging the legality of parent coordinators under Pennsylvania law. Although that battle was lost, the war (as they say) appears to have been won.
Posted at 12:20 PM by Howard Bashman

In today's mail: I received a pre-release copy of Marcia Coyle's new book, "The Roberts Court: The Struggle for the Constitution," signed by the author and containing a short, personalized note. I was already very much looking forward to reading this book. Thus far, no extra give-away copy of the book has arrived, but stay tuned!
Posted at 12:12 PM by Howard Bashman

"Military says Guantanamo hunger strike grows again": Carol Rosenberg of The Miami Herald has this report.

And Ryan J. Reilly of The Huffington Post reports that "Guantanamo Hunger Strike Grows To 92 Detainees, Military Says."
Posted at 11:20 AM by Howard Bashman

"How Appealing" book give-away wrap-up -- we have a winner! Thanks so very much to those readers who submitted entries for this blog's current book give-away for a chance to receive my extra copy of Laurence Leamer's new book, "The Price of Justice: A True Story of Greed and Corruption."

Each entrant in the contest submitted a compelling argument for receiving the book, making me wish that I had more than one copy to give away. The winner of the contest works as an attorney at a federal public defender's office located within the U.S. Court of Appeals for the Tenth Circuit. Because of federal budget constraints, the winner has additional spare time resulting from work furloughs but less money available for discretionary spending to put toward pleasure reading.

Speaking of which, yesterday at his blog "Hercules and the Umpire," Senior U.S. District Judge Richard G. Kopf had a furlough-related post titled "Congress is herewith warned."
Posted at 10:35 AM by Howard Bashman

"The frequent irrelevancy of the Supreme Court": Senior U.S. District Judge Richard G. Kopf, who has been generating lots of interesting content recently at his blog "Hercules and the Umpire," has this post today.
Posted at 10:20 AM by Howard Bashman

"Circuit Split Watch: Will the Court Bury Casket Cases?" Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 09:42 AM by Howard Bashman

"In circuit split, court says inherited IRA fair game in bankruptcy": Reuters has this report.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 08:50 AM by Howard Bashman

"Supreme Court justices tread murky waters in Texas-Oklahoma dispute": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:46 AM by Howard Bashman

"Executing the Mentally Handicapped Is Illegal -- Except When It Isn't; In spite of the Supreme Court's 2002 ban on such executions, Warren Hill, a convicted murder whom all experts now agree is mentally retarded, once again faces lethal injection": Andrew Cohen has this essay online at The Atlantic.
Posted at 08:45 AM by Howard Bashman

"Edward de Grazia, Lawyer Who Fought Censorship of Books, Is Dead at 86": This obituary appears today in The New York Times.
Posted at 08:42 AM by Howard Bashman

"What If They Treated Gene Patents Like Nautical Charts?" Daniel Fisher has this post at
Posted at 08:40 AM by Howard Bashman

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