How Appealing

Friday, September 14, 2007

Available online from law.com: Tony Mauro has an article headlined "Is Olson Too Partisan to Run the Justice Department? Former SG has strong legal credentials and a loyal following inside DOJ, but his hyperpolitical past makes Democrats balk."

In other news, "2nd Circuit Gives Narrow Reading to Causes of 'Ineffective Assistance.'" You can access Wednesday's Second Circuit ruling at this link.

Shannon P. Duffy has an article headlined "3rd Circuit: Some ERISA Cases May Need More Scrutiny." You can access yesterday's Third Circuit ruling at this link.

And the brand new installment of my "On Appeal" column is headlined "Federal Judges to Appellate Attorneys: What's Your Point?"
Posted at 11:15 PM by Howard Bashman



"Ruling boosts O'Hare plan to move suburban cemetery": Each of the first two paragraphs of this article published today in The Chicago Tribune contains an obvious error.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 08:45 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": Nina Totenberg had a book review segment entitled "Toobin's 'The Nine' Reveals Politics of High Court."

The broadcast also contained an audio segment entitled "Gonzales Bids Justice Department Farewell."

RealPlayer is required to launch these audio segments.
Posted at 08:32 PM by Howard Bashman



"Reporters get first look inside mysterious Supermax prison": CNN.com provides this report from ADX Florence.

Wednesday's issue of The Canon City (Colo.) Daily Record reported that "Supermax opens doors for rare tour."

And in related coverage, Wednesday's edition of The Pueblo Chieftain reported that "9/11 just another day for convicted terrorist."
Posted at 08:15 PM by Howard Bashman



"Mamma mia, that's-a spicy meat-a-ball!" And a very expensive one too, as noted in this article from CNN.com focusing on a new report from the Inspector General of the Department of Justice titled "Department of Justice Conference Expenditures."
Posted at 06:25 PM by Howard Bashman


"Gonzales Leaves Justice Department": The AP provides this report.
Posted at 05:22 PM by Howard Bashman


"Giuliani Has Conservative Ally in Olson": The Associated Press provides a report that begins, "In his campaign to win over Republican conservatives, presidential hopeful Rudy Giuliani has a persuasive ally in Theodore Olson, a high-profile lawyer often mentioned as a possible replacement for departing Attorney General Alberto Gonzales."
Posted at 02:33 PM by Howard Bashman


"Rosenstein up for federal judge; Background checks done on U.S. attorney for Maryland": The Baltimore Sun today contains an article that begins, "Maryland's top federal prosecutor is in the final stages of the process to fill a vacancy at the U.S. Court of Appeals for the 4th Circuit, according to sources close to the procedure."
Posted at 02:10 PM by Howard Bashman


Ninth Circuit grants rehearing en banc in challenge to Gilroy (Calif.) Garlic Festival's prohibition against the wearing of gang colors or other demonstrative insignia, including motorcycle club insignia: As I observed on April 30, 2007 when the original three-judge panel issued its ruling rejecting that challenge, "The only thing more fearsome than a gang member decked out in demonstrative insignia is a gang member decked out in demonstrative insignia who reeks of garlic."

Today's order granting rehearing en banc can be accessed here, while I collected additional coverage of the three-judge panel's ruling at this link.
Posted at 01:48 PM by Howard Bashman



Pleading a claim of patent infringement under the doctrine of equivalents in the aftermath of Bell Atlantic Corp. v. Twombly: A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this decision today.
Posted at 12:05 PM by Howard Bashman


"Prison Library Purge": Columnist Michael Gerson has this op-ed today in The Washington Post.
Posted at 08:32 AM by Howard Bashman


"Gonzales Ready to Leave the Stage": The Washington Post today contains an article that begins, "After nine months of noisy controversy over his troubled tenure, Attorney General Alberto R. Gonzales is leaving office quietly today with a low-key farewell address to Justice Department employees in Washington."

That newspaper also contains today's installment of Al Kamen's "In the Loop" column, headlined "A Tree in AG Contender's Past Could Needle Democrats."
Posted at 08:28 AM by Howard Bashman



"Brotherly Bonds Fail to Sway Appeals Court": The New York Times today contains an article that begins, "In a decision that somehow managed to bring together karaoke, laser tag, exotic dancers and rabbinical consultations, a federal appeals court ruled yesterday that a lower court had erred in saying the College of Staten Island could not deny official recognition to a Jewish fraternity simply because all of its members were male." The article goes on to report that "Indeed, in its tone and language, the ruling seemed to suggest that it had probably been a while since the circuit judges last watched 'Animal House.' It discussed the inner workings of the Greek system with an oddly clinical approach ('The fraternity selects its members,' one passage reads, 'through a process called "rush"') and betrayed a decided unfamiliarity with rituals that would be well known to almost any alumnus of the Big Ten."

And The New York Daily News today contains an article headlined "Staten Island college can ban 'men-only' frat - court."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:04 AM by Howard Bashman



"A Bad Beginning in Irvine": The New York Times today contains an editorial that begins, "A law school would be mighty fortunate to have Erwin Chemerinsky, a distinguished Duke Law School professor, as its dean."

The Washington Post reports today that "Scholars Decry Law School's About-Face on New Dean."

And The Los Angeles Times contains articles headlined "Furor disrupts plans for UCI school of law; The decision to drop Erwin Chemerinsky as dean could delay the 2009 opening" and "UC Irvine chancellor's admirers are 'at a loss'; Praised as thoughtful and ethical, Michael Drake has left colleagues puzzled by his dismissal of Erwin Chemerinsky; 'There has to be more to the story,' one says," along with the text of "A letter to UCI Chancellor Michael V. Drake; Posted on a website for UC Irvine students, faculty and staff, this letter was signed online by 160 people in four hours."

In addition, The Los Angeles Times contains an op-ed by UC Irvine Chancellor Michael V. Drake entitled "Why I let Chemerinsky go: I made a management decision -- not an ideological or political one -- to rescind the job offer." And Law Professor Erwin Chemerinsky has an op-ed entitled "Dumped over an Op-Ed: Ordeal is a lesson in academic freedom."
Posted at 07:52 AM by Howard Bashman



"Borking Mr. Olson: President Reid gives AG orders to the White House." This editorial appears today in The Wall Street Journal.
Posted at 07:48 AM by Howard Bashman


"View from the bench: Roberts seeks to inspire in UM lectures." The Missoulian today contains an article that begins, "Referencing the work of acclaimed Montana writer Norman Maclean on Thursday, Chief Justice of the United States John Roberts Jr. sought to inspire and encourage a future generation of lawyers, comparing the fundamentals of their chosen profession to firefighting."

You can access the audio of the Chief Justice's remarks yesterday at University of Montana School of Law by clicking here.
Posted at 07:35 AM by Howard Bashman



"How An Upcoming Supreme Court Case Illustrates and Continues the Court's Current Interest in 'Jurisdictional' Questions": Vikram David Amar has this essay online today at FindLaw.
Posted at 07:30 AM by Howard Bashman






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