How Appealing



Friday, June 2, 2006

“Which Federal Appellate Court Has the Best Web Site?” The brand new installment of my “On Appeal” column for law.com can be accessed here.

Posted at 11:30 PM by Howard Bashman



Trenton Thunder 5, Reading Phillies 2: My son and I spent this evening at a baseball game in Trenton, New Jersey. We were seated in the third row behind first base, which allowed my son to be on the receiving end of a toss from the first baseman of the ball used to record the final out in the top of the fifth inning. A wrap of the rain-shortened game can be accessed here, while the box score is at this link.

Posted at 11:15 PM by Howard Bashman



Third Circuit affirms decision of the U.S. District Court for the Eastern District of Pennsylvania allowing attorney suspended from practice of law in Pennsylvania state courts to open an office in Pennsylvania in support of his practice before that federal district court: Today’s developments in the saga of attorney Robert B. Surrick can be accessed here.

Longtime readers of this blog may recall that quite some time ago, I accepted a pro bono appointment from the Third Circuit to argue in favor of the en banc federal district court’s decision imposing reciprocal discipline on Surrick. That appointment led me to file this appellate brief, and, after oral argument from me and my opposing counsel, a different Third Circuit panel issued this ruling.

Posted at 3:00 PM by Howard Bashman



“Chief Judge to Set Up Panel for 7-Year-Old Misconduct Case”: Amelia Hansen has this article (free access) today in The Daily Journal of California. My earlier coverage appears here and here.

Posted at 2:40 PM by Howard Bashman



“Gay marriage ban case to hit Web; Georgia Supreme Court to hear oral arguments June 27”: This article appears today in The Atlanta Journal-Constitution.

Posted at 2:33 PM by Howard Bashman



“This case presents the question, inter alia, as to whether the likely environmental consequences of a potential terrorist attack on a nuclear facility must be considered in an environmental review required under the National Environmental Policy Act.” Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers that question in the affirmative in an opinion that you can access here.

Posted at 12:58 PM by Howard Bashman



“Chief Judge to Set Up Panel for 7-Year-Old Misconduct Case”: Today in The Daily Journal of California, Amelia Hansen has an article that begins, “More than three years after a federal judge in Los Angeles was accused of giving special treatment to one of his female probationers, the chief judge of the 9th U.S. Circuit Court of Appeals has ordered a special committee to investigate the charges. Filed in court last week, but not yet made public by the circuit, Chief Judge Mary M. Schroeder said she would appoint a committee to look into whether 81-year-old U.S. District Judge Manuel L. Real committed misconduct in 1999.” I am currently seeking The Daily Journal’s permission to reprint the entire article over at “How Appealing Extra.”

My earlier coverage of this matter appears here and here.

Posted at 10:54 AM by Howard Bashman



Bank robber’s accidental discharge of semi-automatic pistol does not suffice to trigger mandatory ten-year federal sentence for discharging firearm in relation to any crime of violence: Today’s ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit will be of interest to fans of mens rea. The opinion notes that “So far, two circuits have interpreted the
discharge provision and have reached different conclusions as
to intent.”

Posted at 10:23 AM by Howard Bashman



“Not all speech is free: If you’re a government employee, the 1st Amendment shouldn’t protect your official conduct.” This editorial appears today in The Los Angeles Times.

Posted at 7:25 AM by Howard Bashman



“NL Officials Hail Two Settlements At Fort Trumbull; Deals are ‘good news’ for city; other plaintiffs to speak today”: The Day of New London, Connecticut today contains an article that begins, “City councilors Thursday praised settlements with two of six plaintiffs in the Fort Trumbull eminent domain case.”

Posted at 7:20 AM by Howard Bashman



“Judging Whether a Killer Is Sane Enough to Die”: Ralph Blumenthal and Adam Liptak have this article today in The New York Times.

Posted at 7:02 AM by Howard Bashman