How Appealing

Saturday, July 14, 2007

"School Diversity Based on Income Segregates Some": This article will appear Sunday in The New York Times.
Posted at 09:12 PM by Howard Bashman

Philadelphia Phillies 10, St. Louis Cardinals 4: For the second day in a row, the offense of the Phillies achieved double digits in runs to defeat the reigning world champion Cardinals. Jimmy Rollins, Ryan Howard, and Aaron Rowand homered, and even Pat Burrell contributed to the offensive production, going three-for-three with four RBIs. When Burrell was removed for a pinch runner in the bottom of the sixth inning after a two-RBI bloop single to the opposite field, he was greeted with sustained applause, in contrast to the usual round of boos that he regularly receives and often has deserved.

Phillies starting pitcher Cole Hamels did not have a strong outing, recording only two strikeouts in six innings and giving up four runs, including a home run to Albert Pujols, who has now hit one out of the park in each of the past two days. But the Phillies offense and the bullpen, which held the Cardinals scoreless over the final three innings, allowed Hamels to record the win.

For those who regret that an appellate angle is lacking from most of my baseball coverage, I have some good news. At Citizens Bank Park before the start of today's game I had the pleasure of eating cheesesteaks with an Assistant to the Solicitor General of the United States. My son and I, and the aforesaid ASG and his lovely wife, also walked around the stadium a bit, taking in the sights.

Today's Phillies victory, before another sell-out crowd, postpones for at least another day the team's 10,000th loss. You can view the box score of today's game at this link, while wraps from are available here and here. And The Associated Press reports that "Phillies Rout Cards, Avoid 10,000th Loss."

Update: Here are some photos that I took at last night's and this afternoon's Phillies games.

The view from last night, when our seats were in the very last section of the Hall of Fame Club along the third base side.

Batting in the top of the eighth inning on Friday night, former Phillie and current Cardinal Scott Rolen only needs to hit a nine-run home run to tie the score.

In the top of the first inning of this afternoon's game, Albert Pujols is at bat. He would pop out to second base.

In the bottom of the first inning, with leadoff hitter Jimmy Rollins at the plate facing a 3-2 count, the scoreboard helpfully reminds Rollins that he is good at hitting home runs. Moments later, Rollins hits a home run to lead-off the bottom half of the first inning, and here he is seen trotting to home plate to record the run.

Ryan Howard also knows a thing or two about hitting home runs. Earlier this season he hit his 100th home run, reaching that distinction in fewer games than anyone else in Major League Baseball history. Here he is digging in at the plate in the bottom of the first inning. And here's the pitch. And there it goes, as Howard has just hit the Phillies second solo home run in the bottom of the first inning, this one on a line drive to the right field seats.

In the bottom of the second inning, with two runners on base and two outs, Chase Utley is at the plate. You can see Phillies pitcher Cole Hamels on second base. Here's the pitch to Utley. With the baserunners on second and first running on the 3-2 pitch to Utley, he hits a double, and both runners score.

A bit later in the game, here's the pitch to Ryan Howard. In this at bat, he reached base after being hit by the pitch.

In the bottom of the eighth inning, Greg Dobbs entered the game as a pinch hitter. In this photo, you can see the baseball just before it reached the plate. Dobbs ended up striking out.
Posted at 08:42 PM by Howard Bashman

"Federal Appellate Judge Dissents Without Reading Majority Opinion": At "The Volokh Conspiracy," Eugene Volokh has this interesting post about a Second Circuit decision issued yesterday that I previously noted at this link. Many of the comments to Eugene's post are also worth reading. And Eugene also offers additional thoughts about the merits of the ruling in this other post.
Posted at 12:35 PM by Howard Bashman

"Ex-mayor's conviction upheld on appeal": The Atlanta Journal-Constitution today contains an article that begins, "A federal appeals court on Friday unanimously upheld former Atlanta Mayor Bill Campbell's conviction last year on tax fraud charges."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 12:04 PM by Howard Bashman

"[T]he weight of authority suggests that accurate news reporting -- even when it is likely to have an adverse impact on the subjects of the report -- usually does not give rise to an action for intentional infliction of emotional distress": Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault. Shortly after the broadcast, the police department announced publicly that it had concluded the officers were not involved in the alleged sexual assault.
Posted at 12:00 PM by Howard Bashman

"Agents of Change": In the July 13, 2007 issue of CQ Weekly, columnist Kenneth Jost will have an essay that begins, "From the bench on the final day of this Supreme Court term, Stephen G. Breyer offered a stinging dissent in the case limiting local school board power to adopt racial mixing policies -- but the barb also summed up moderate and liberal frustration at the court's behavior during the preceding nine months."
Posted at 11:50 AM by Howard Bashman

"History, Principle and Affirmative Action": Today in The New York Times, Stanley Fish has an op-ed (TimesSelect temporary pass-through link) that begins, "On its face, the affirmative action case decided on June 28 by the Supreme Court turns on whether two school districts in Washington and Kentucky violated the 14th Amendment's equal-protection guarantee when they assigned children to schools on the basis of race."
Posted at 09:54 AM by Howard Bashman

"Prosecution rests in Padilla terror trial; After 22 witnesses and hundreds of exhibits, the prosecution rested in the Jose Padilla terror trial; The defense case begins next week": This article appears today in The Miami Herald.
Posted at 09:50 AM by Howard Bashman

"Contempt for Congress": The New York Times today contains an editorial that begins, "The Bush administration's disregard for the rule of law hit another low this week when Harriet Miers, the former White House counsel, defied a Congressional subpoena."
Posted at 09:48 AM by Howard Bashman

"Happy Blogiversary: It's been 10 years since the blog was born." This article appears today in The Wall Street Journal. Earlier this year, "How Appealing" celebrated its five-year anniversary.
Posted at 09:40 AM by Howard Bashman

Available online from An article reports that "High Court Loss Prompts Malpractice Claim Against McGuireWoods; Company claims partner raised rates without authorization and wasted time trying to prevent it from retaining RICO specialist."

Shannon P. Duffy has an article headlined "3rd Circuit: Federal Transfer Doesn't Reset SOL Clock." You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.

A profile of Sidley Austin attorney Virginia A. Seitz, described as the first woman from that law firm to argue before the U.S. Supreme Court, is headlined "How One Part-Time Lawyer Leads a Very Full Life."

And the brand new installment of my "On Appeal" column is headlined "Appeal Now or Later? A Look at Federal Rule of Civil Procedure 54(b)."
Posted at 08:35 AM by Howard Bashman

Philadelphia Phillies 13, St. Louis Cardinals 3: Friday the 13th began ominously for the Phillies, as the team stood just one loss away from 10,000 losses in the history of the franchise, facing an opponent that won the 2006 World Series.

Fortunately for Friday evening's sell-out crowd, which included me and my son, the Phillies did not suffer from triskaidekaphobia, as they trounced the Cardinals by a score of 13-3. The sell-out was also the 13th of the season at beautiful Citizens Bank Park. And the Phillies pounded out a whopping 23 hits in the winning effort. To say something nice about the Cardinals, I will not overlook that Albert Pujols hit a tape measure solo home run to Ashburn Alley in dead center field in the top of the 8th inning, with the Cardinals trailing 11-1.

My son and I also have tickets to the remaining two games in this series. Tomorrow afternoon we will have the good fortune to sit in the Diamond Club just eight rows behind home plate. And Sunday evening we will be in our regular Sunday partial season ticket seats.

You can access the box score at this link, while wraps from are available here and here. And The Associated Press reports that "Phils Rout Cards to Stay at 9,999 Losses."
Posted at 01:00 AM by Howard Bashman

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