How Appealing

Wednesday, September 6, 2006

"Checked and Imbalanced: The president tries for a do-over in his Gitmo speech." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:58 PM by Howard Bashman

Available online from National Public Radio: Today's broadcast of "Talk of the Nation" contained an audio segment entitled "Bush Revives Goal of Guantanamo Bay Tribunals."

And this evening's broadcast of "All Things Considered" contained audio segments entitled "Bush Concedes CIA Ran Secret Prisons Abroad"; "Hamdan Lawyer Reacts to Bush Tribunal Proposal"; and "Manual Defines Limits of Prisoner Interrogation."

RealPlayer is required to launch these audio segments.
Posted at 11:57 PM by Howard Bashman

"President Moves 14 Held in Secret to Guantanamo": This article will appear Thursday in The New York Times. Tomorrow's newspaper will also contain an article headlined "Proposal for New Tribunals for Terror Suspects Would Hew to the First Series" and a news analysis headlined "A Challenge From Bush to Congress."

Thursday's edition of The Washington Post will contain front page articles headlined "Bush Says Detainees Will Be Tried; He Confirms Existence of CIA Prisons"; "New Rules of Interrogation Forbid Use of Harsh Tactics"; and "President Shifts Argument, Catches Critics Off Guard." The newspaper will also contain articles headlined "Officials Relieved Secret Is Shared" and "Detainee Decision Greeted Skeptically."

And McClatchy Newspapers provide reports headlined "Doubts surface if architects of Sept. 11 attacks will ever go to trial"; "Bush announces plan to bring top terror suspects to trial"; "Interrogation led to arrest of suspects in Sept. 11 attacks"; and "Pentagon spells out new rules for questioning detainees."
Posted at 11:45 PM by Howard Bashman

Available online from A report from The Associated Press is headlined "Lessig's Victory Against Music School Is Personal, Painful."

And an article is headlined "The Anonymous Anti-Hero: First it was a Web site, then a book, and now Jeremy Blachman may have a TV series based on a mythical law firm from hell."
Posted at 11:40 PM by Howard Bashman

"Law proposed to block overturning of Lay conviction": The Houston Chronicle provides a news update that begins, "The Department of Justice is proposing legislation that would prevent the estate of the late Ken Lay from having his conviction overturned because of his death. In a court filing this afternoon prosecutors provided a draft of legislation that would essentially prevent courts from vacating criminal convictions if a defendant dies before going through the entire appeals process." The newspaper has posted online the federal government's court filing at this link.

And The Associated Press reports that "Feds Seeking to Preserve Lay Conviction."
Posted at 08:55 PM by Howard Bashman

"Judges cite more blogs in rulings; Law student survey finds 32 Web log citations in the last two years": This article appears in this week's issue of The National Law Journal, bringing to mind my recent essay entitled "Viewing Law Blogs as a Vast Amicus Brief."
Posted at 08:45 PM by Howard Bashman

Tenth Circuit rejects argument that third-strike life sentence without parole for federal criminal offense of carjacking is unconstitutional: You can access today's ruling at this link.
Posted at 08:20 PM by Howard Bashman

"The Anonymous Tax Court Case": This post reporting on a tax court ruling issued today appears at "TaxProf Blog."
Posted at 05:45 PM by Howard Bashman

"Congress Takes Up Surveillance Bills": The Associated Press provides this report.
Posted at 05:00 PM by Howard Bashman

"President Discusses Creation of Military Commissions to Try Suspected Terrorists": The White House has issued this transcript of President Bush's remarks this afternoon, along with a news release titled "Myth/Fact: the Administration's Legislation to Create Military Commissions."
Posted at 04:45 PM by Howard Bashman

On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Bush to Outline Treatment of 'Enemy Combatants'"; "The Shifting Legal Status of Terrorism Detainees" (featuring Dahlia Lithwick); and "Domestic Safety Since Sept. 11: John Yoo." RealPlayer is required to launch these audio segments.
Posted at 03:50 PM by Howard Bashman

"Gitmo Tribunals May Resume in Early '07": The Associated Press provides this report.
Posted at 03:45 PM by Howard Bashman

New Fifth Circuit vacancy resulting from Circuit Judge Patrick E. Higginbotham's having taken senior status: According to this chart maintained by the Administrative Office of the United States Courts, Judge Higginbotham took senior status on Monday, August 28, 2006. (Via "Confirm Them").
Posted at 03:15 PM by Howard Bashman

"Legal Experts Ridicule Court Opinion Striking Down Terrorist Surveillance Program": The U.S. Senate's Republican Policy Committee issued this Policy Paper today.
Posted at 03:00 PM by Howard Bashman

"This Court has not previously ruled on the viability or the scope of the ministerial exception. Today, we join seven of our sister circuits in adopting the exception and hold that it applies to any claim, the resolution of which would limit a religious institution's right to choose who will perform particular spiritual functions." Judge D. Brooks Smith issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit.

The very first footnote to today's ruling states:

This case was originally argued on October 20, 2005, before Judges Smith, Becker, and Nygaard. On May 23, 2006, an opinion by a majority of the original panel was filed, affirming in part, reversing in part, and remanding the case for further proceedings. Judge Smith filed a dissenting opinion on the same day. Judge Becker, who authored the majority opinion, died on May 19, 2006, after the case had been circulated to the full court, but before the opinions were filed. Appellants petitioned for rehearing en banc or, in the alternative, rehearing by a reconstituted panel. Because of this chain of events, the Court granted the Appellants' request for rehearing by a reconstituted panel. Judge Nygaard subsequently recused himself from the reconstituted panel. Judges Cowen and Greenberg were selected at random to replace Judges Becker and Nygaard.
As a result of the reconstitution of the panel, Judge Smith's formerly dissenting views regarding the so-called "ministerial exception" now represent the law of the Third Circuit.

My coverage of the original three-judge panel's opinion can be accessed at this link. And my post reporting on the Third Circuit's en banc order granting panel rehearing can be accessed here.
Posted at 02:40 PM by Howard Bashman

"Journalist and Judge Honored by Indiana Judges Association": Congratulations to Marcia J. Oddi, author of "The Indiana Law Blog," who is one of two recipients of this year's Commendations for Excellence in Public Information and Education Awards from the Indiana Judges Association. A prolific law blogger is being honored as a journalist by an association of judges for keeping the public educated and informed about the judiciary -- this is an exciting development!
Posted at 02:35 PM by Howard Bashman

"Bush Transfers 14 CIA Detainees to Gitmo": The Associated Press provides this report.

And reports that "Top terror detainees to face military tribunals."
Posted at 01:50 PM by Howard Bashman

Same-sex marriage opponents lose constitutional challenge to Illinois law governing inclusion of an advisory question on that State's ballot: Seventh Circuit Judge Richard A. Posner issued this interesting opinion today on behalf of a unanimous three-judge panel of that court.

According to the decision, "The plaintiffs want to place on the ballot for the forthcoming elections in November the question whether the Illinois General Assembly should propose to amend the state constitution to provide that in order 'to secure and preserve the benefits of marriage for our society and for future generations of children, a marriage between a man and a woman is the only legal union that shall be valid or recognized in this State.'"

Today's ruling affirms a federal district court's decision dismissing plaintiffs' lawsuit, "which charges that the requirements for getting an advisory question on the Illinois ballot are so onerous that they violate freedom of speech (or of association, or to petition for redress of grievances), equal protection, and due process of law."
Posted at 12:30 PM by Howard Bashman

"The Federal Income Tax Consequences of the Bobble Supreme Phenomenon": Law Professor Leandra Lederman has this article (abstract with links for download) in the Summer 2006 issue of The Green Bag (via "Legal Theory Blog"). Some of my earlier coverage of this phenomenon can be accessed via this link.
Posted at 12:20 PM by Howard Bashman

"'Less' is 'More'? Textualism, Intentionalism, and a Better Solution to the Class Action Fairness Act's Appellate Deadline Riddle." Law Professor Adam Steinman has this article (abstract with links for download) online at SSRN (via "Legal Theory Blog").

Earlier this year, I had this essay on addressing that same subject.
Posted at 12:00 PM by Howard Bashman

Not that fellow who fights Inspector Clouseau in the Pink Panther movies: The 2005–2006 issue of the Cato Supreme Court Review will become available next Thursday in connection with this event in Washington, DC.

The publication will include a piece by Law Professor Peter B. Rutledge entitled "Looking Ahead: October Term 2006" (abstract with links for download).
Posted at 11:55 AM by Howard Bashman

"We have no reason to believe that evangelical Christians as a class are 'unusually susceptible' to fraud." The federal Sentencing Guidelines contain a provision authorizing greater punishment if the victim of a crime was especially vulnerable. Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a decision holding that "Absent findings by the District Court that any specific victim was especially gullible because of his religion, we cannot conclude that evangelical Christian victims were susceptible to fraudulent schemes involving religious imagery in a manner analogous to how desperate cancer patients might be susceptible to con artists selling placebos."
Posted at 11:40 AM by Howard Bashman

"Attorney General Gonzales supports military tribunals": McClatchy Newspapers provide this report.
Posted at 11:34 AM by Howard Bashman

"Bush to unveil new plan for Guantanamo detainees": provides this report.
Posted at 11:33 AM by Howard Bashman

"As the regulations are not narrowly tailored and do not advance a compelling state interest, Ohio's system for registering new political parties violates the Constitution." A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued its ruling today in Libertarian Party of Ohio v. Blackwell.
Posted at 09:58 AM by Howard Bashman

"U.S. Attorney General Discusses Terror Prosecutions": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:10 AM by Howard Bashman

"This Land Is Whose Land? In which Piscataway seizes the Halper family farm." In the September 11, 2006 issue of The Weekly Standard, Matt Labash has an essay that begins, "This past winter, when last we left Logan Darrow Clements in the snows of New Hampshire, he was engaged in a modest, civic-minded enterprise. He was trying to steal the house of Supreme Court justice David Souter."
Posted at 09:07 AM by Howard Bashman

"District judge gets Senate hearing date": Last Friday's edition of The News Journal of Wilmington, Delaware contained an article that begins, "Delaware U.S. District Judge Kent A. Jordan will be in Washington on Wednesday for his confirmation hearing to the U.S. 3rd Circuit Court of Appeals." The confirmation hearing is scheduled to begin at 2 p.m. today before the Senate Judiciary Committee.
Posted at 09:00 AM by Howard Bashman

"Feds back state on House prayer; Hearing on appeal is Thursday": This article appears today in The South Bend Tribune.

The Evansville Courier & Press reports today that "Court to hear House prayer appeal."

The Indianapolis Star reports that "House taking donations to fight prayer ruling; Lawmaker says people asked if they could contribute."

The Journal Gazette of Fort Wayne reports that "Prayer fray heads back into court; House appeals federal ruling."

And The Associated Press reports that "Federal Court to hear House prayer case."
Posted at 08:23 AM by Howard Bashman

"Conservatives Urge One More Push for Judges": Today's issue of Roll Call contains an article (subscription required) that begins, "Despite renewed political pressure to advance five controversial appellate court judges, Senate GOP leaders remain skeptical that they can take up and win a major battle over judicial nominations with just four weeks left on the Congressional calendar before Election Day."
Posted at 08:13 AM by Howard Bashman

"Republican Rift Over Wiretapping Widens; Party at Odds on Surveillance Legislation": This article appears today in The Washington Post.
Posted at 08:10 AM by Howard Bashman

Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "High court justices sound cool toward Internet libel case" and "Threat of prison delayed for BALCO reporters."
Posted at 08:07 AM by Howard Bashman

"Jackson Case Reopens Debate on Private Judges; Pop star's dispute with ex-wife heads for county court as officials seek to reform system": The Los Angeles Times today contains an article that begins, "Starting today, Michael Jackson will figure in another courtroom drama -- this one centering on attempts by Los Angeles Superior Court officials to show that celebrities and other rich people can't buy special treatment from the legal system when they have business disputes or want to get divorced."
Posted at 08:04 AM by Howard Bashman

"Army to Use Geneva Rules for Detainees; New manual eliminates secret tactics and separate standards for questioning captives": This article appears today in The Los Angeles Times.
Posted at 08:02 AM by Howard Bashman

"Problems Alleged in Execution of Crips Co-Founder; Lawyers for another condemned inmate say Stanley Tookie Williams may have felt horrible pain": Henry Weinstein has this article today in The Los Angeles Times.

And today in The Sacramento Bee, Claire Cooper reports that "Doctor at execution balked; Anesthesiologist's refusal to actively participate caused halt to Morales procedure."
Posted at 08:00 AM by Howard Bashman

"Anti-Spam Conviction Is Upheld; N.C. Man Flooded AOL Customers With Unsolicited E-Mail": This article appears today in The Washington Post.

The Richmond Times-Dispatch reports today that "Spammer's conviction upheld; Three-judge panel also ruled the state's three-year-old anti-spam law constitutional."

And The Free Lance-Star of Fredericksburg, Virginia reports today that "Appeals court upholds state anti-spam law."

You can access yesterday's ruling of the Court of Appeals of Virginia at this link.
Posted at 07:53 AM by Howard Bashman

"Justice Kennedy Has Stent Implanted; Moderate Jurist's Heart Is Undamaged, Court Officials Say": Charles Lane has this article today in The Washington Post.

David G. Savage of The Los Angeles Times reports that "Justice Kennedy Has Artery Stent Replaced; He is hospitalized briefly for what experts say is a rather common follow-up procedure."

And The New York Times reports today that "Justice Kennedy Has Stent Put in Artery."
Posted at 07:40 AM by Howard Bashman

"Solicitor general shares experience with students": The Baylor Lariat today contains an article that begins, "United States Solicitor General Paul D. Clement paid a visit Tuesday to the Sheila and Walter Umphrey Law Center. Clement spoke to law students and faculty about his experience with both the Department of Justice and the Supreme Court."
Posted at 07:38 AM by Howard Bashman

"GOP Senators Differ With President on Military Trials; Terrorism Suspects' Right To Information Is at Issue": This article appears today in The Washington Post.
Posted at 07:35 AM by Howard Bashman

"IBM pension case may go to Supreme Court": MarketWatch provides this report.
Posted at 07:33 AM by Howard Bashman

"Judge Hears Arguments on Federal Spying Program": Adam Liptak has this article today in The New York Times.

And The Associated Press reports that "Lawyer Defends Wiretapping Program."
Posted at 07:28 AM by Howard Bashman

"Woman to lead highest court in Iowa; Marsha Ternus, on the Supreme Court since '93, will break new ground when she succeeds the retiring Louis Lavorato": This article appears today in The Des Moines Register.

And The Associated Press reports that "Iowa Court Elects Female Chief Justice."
Posted at 06:45 AM by Howard Bashman

In today's edition of The New York Sun: Josh Gerstein reports that "Judge in Aipac Case Has Pattern On Free Speech."

And in other news, "Wiretapping as Anti-Terror Tool Called a Presidential Prerogative."
Posted at 06:40 AM by Howard Bashman

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