How Appealing

Friday, August 25, 2006

Programming note: As has happened each of the past four years since I began this blog in May 2002, I am again embarking on a week-long blogging break during the final week in August. If you find yourself in the vicinity of Margate, New Jersey and happen to see someone who resembles the author of this blog, I hope you'll say hello. New posts will appear here on September 2, 2006. Until then, readers are invited to let me know via email of news, court rulings, and developments that might be worthy of mention upon my return.
Posted at 10:40 PM by Howard Bashman

Available online from Shannon P. Duffy reports that "Bar Prep Co. Ordered to Pay $11.9M for Copying Multistate Exam Questions; Federal judge finds evidence of illegal copying 'practically leaps from the page.'" My earlier coverage appears at this link.

And a news report from Florida is headlined "Did a Federal Judge Cross a Legal Line for His Clerk?"
Posted at 10:35 PM by Howard Bashman

"Making Rain on the Net: Today's Web Offers a Wide World of Marketing Tactics, if You're Savvy." Jason Krause has this article in the August 2006 issue of the ABA Journal. The article contains a lengthy discussion of law blogs and even mentions me at one point.
Posted at 10:28 PM by Howard Bashman

"Jewish veterans, local ACLU latest to sue over cross": The San Diego Union-Tribune today contains an article that begins, "The local chapter of The American Civil Liberties Union filed suit yesterday to force the Mount Soledad cross to be moved in the latest challenge over the La Jolla landmark's constitutionality. The suit, filed in San Diego federal court on behalf of a national Jewish war veterans organization and three San Diego residents, is the newest development in an increasingly high-profile, 17-year legal battle over the cross."

And The Associated Press reports that "ACLU sues federal government in battle over San Diego cross."

You can access the complaint initiating suit at this link.
Posted at 08:54 PM by Howard Bashman

"La. Supreme Court upholds extension to file Katrina/Rita insurance claims": Raymond Ward has this post linking to the ruling at his "Minor Wisdom" blog.

And in other coverage, The Associated Press reports that "La. High Court Upholds Insurance Laws."
Posted at 08:42 PM by Howard Bashman

Three-judge Tenth Circuit panel rejects facial challenge to the adequacy of the judicial bypass exception to Oklahoma's newly-enacted statute requiring parental notification before a minor may receive an abortion: You can access today's ruling at this link.
Posted at 08:33 PM by Howard Bashman

"Should the U.S. Court of Appeals for the Ninth Circuit afford a presumption of reasonableness to within-Guidelines criminal sentences?" That was the title of my post from Wednesday of this week reporting on an order granting rehearing en banc in two Sentencing Guidelines cases that day.

Today, the Ninth Circuit issued a new order in those cases specifying the precise issues on which rehearing en banc has been granted and welcoming amicus briefs addressing those issues.
Posted at 08:20 PM by Howard Bashman

"La. Limit on Violent Video Games Blocked": The Associated Press provides this report.

Update: You can access the opinion at this link.
Posted at 03:50 PM by Howard Bashman

From the October 2006 issue of The Third Branch: An item headlined "Report Details Action On Judicial Accountability" begins, "In August 2006, the Executive Committee of the Judicial Conference sent to Chief Justice John G. Roberts Jr. a status report detailing the Conference's action on judicial ethics and accountability."

An item headlined "Advantages of Videoconferencing Grow with Use" notes that "The FJC surveyed 14 appellate court judges on their use and opinions of videoconferencing technology." You can also access online the complete "Report of a Survey of Videoconferencing in the Courts of Appeals."

And an item headlined "Access As Easy As Tuning In" begins, "The next time you see someone pop on the headphones and get that faraway look in his or her eyes, don't be so sure it's a tune that's beguiling them. It just may be the latest oral arguments from the Seventh Circuit."
Posted at 03:25 PM by Howard Bashman

"Why I need to see child porn: It's outrageous that academics and reporters like me can be thrown in prison for doing front-line research into pornography." Debbie Nathan has this essay online today at

Update: For whatever reason, it appears that (at least for the time being) has taken this article off-line. It further appears that at least one blog has reprinted much if not all of the essay.

Second update: has now posted a "Correction" explaining why the opinion piece has been removed from that web site.
Posted at 03:14 PM by Howard Bashman

"Bar Prep Company Ordered to Pay $11 Mil. for Copying Questions": Shannon P. Duffy of The Legal Intelligencer provides this news update (free access). My earlier coverage appears here.
Posted at 03:12 PM by Howard Bashman

"What's a Wetland, Anyhow?" This editorial about the U.S. Supreme Court's recent ruling in Rapanos v. United States appears in today's issue of Science magazine.
Posted at 01:05 PM by Howard Bashman

"Judge J. Clifford Wallace to Receive Prestigious Devitt Award for Judicial Service": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
Posted at 12:27 PM by Howard Bashman

"May we see your photos please?" Fans of the Late Show with David Letterman are likely familiar with that recurring feature. Today, in an opinion you can access here, the U.S. Court of Appeals for the Eighth Circuit addresses whether the U.S. Supreme Court's ruling earlier this year in Georgia v. Randolph applies to a search of a home computer's files for child pornography.

In the case decided today, the majority holds that where a husband is arrested at work and denies consent to search his home computer, the wife who's at home with the computer lacks the ability to override the husband's refusal by consenting to the search. The dissenting opinion argues that the Randolph case ought not be applied under the circumstances and that the effect of today's ruling will discourage law enforcement officers "in seeking consent, to bypass the suspect lest the suspect refuse consent, and instead seek only the consent of an authorized co-occupant."
Posted at 12:20 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "DeLay Says Courts Erred in Ballot Ruling"; "Court Upholds President's Authority"; and "American Indians Advance Trust Case."
Posted at 11:04 AM by Howard Bashman

Who needs law school? Virginia woman becomes member of the bar through that State's law-reader program: The Free Lance-Star of Fredericksburg, Virginia today contains an article headlined "Raising the bar: New lawyer didn't go to law school; Spotsylvania County woman becomes lawyer through special Virginia program."
Posted at 10:58 AM by Howard Bashman

Sixth Circuit acknowledges that a motion requesting an extension of time in which to file a notice of appeal can itself serve as a notice of appeal, but the would-be-appellants in the case decided today are unable to benefit from that rule: Circuit Judge Jeffrey S. Sutton issued this decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 10:55 AM by Howard Bashman

"Waco ordinance against congregating near schools struck down, anti-abortion protesters celebrate": This article appears today in The Waco Tribune. Chief Judge Edith H. Jones wrote yesterday's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 10:45 AM by Howard Bashman

"Bush Administration Opposes Integration Plans; The solicitor general urges the Supreme Court to scrap schools' voluntary programs that exclude some students because of their race": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:23 AM by Howard Bashman

"U.S. Frees Longtime Detainee; Court Had Ruled In Favor of Turk": The Washington Post today contains an article that begins, "A German native who was imprisoned by the U.S. military at Guantanamo Bay, Cuba, was released Thursday, more than 18 months after a federal judge in Washington ruled there was insufficient evidence to detain him."
Posted at 08:20 AM by Howard Bashman

Available online from An article reports that "Baseball a Risky Business -- for Spectators."

And Judith A. Moldover has an essay entitled "Maddened by Makeup: Gender-based appearance policies, such as makeup requirements, have some employees donning war paint."
Posted at 08:05 AM by Howard Bashman

"Judge Denies Former CIA Officer's Request To Keep Her Home Address a Secret": Josh Gerstein has this article today in The New York Sun. My earlier coverage is at this link.
Posted at 08:00 AM by Howard Bashman

"A Clash Between Two Cases Involving Equality and Religious Speech: How the U.S. Court of Appeals for the Fourth Circuit's Decisions Are Inconsistent." Marci A. Hamilton has this essay online at FindLaw.
Posted at 07:58 AM by Howard Bashman

Minnesota Twins 11, Baltimore Orioles 2: My son and I just returned home from Baltimore, where we attended Thursday night's baseball game at Oriole Park at Camden Yards. When my wife and I were recently at the Minneapolis-St. Paul International Airport, we bought my son a Minnesota Twins t-shirt featuring Joe Mauer's name and number, and my son picked the perfect time to wear the shirt last night, as the player who possesses Major League Baseball's best batting average had a great night, going 3-for-4 at the plate with four RBIs. You can access the box score at this link, while wraps are available here and here.
Posted at 12:15 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog