How Appealing

Friday, October 13, 2006

"Gay Marriage Losing Punch as Ballot Issue": This article will appear Saturday in The New York Times.
Posted at 11:05 PM by Howard Bashman

"The fact remains that this case presents a straightforward and unremarkable legal question: Did Robert Jordan state a Title VII claim against his employer for retaliation against him for complaining about a coworker's single isolated racist remark made not to Jordan himself, but to a television set?" By a vote of 5-5, today the U.S. Court of Appeals for the Fourth Circuit entered an order denying rehearing en banc in the case of Jordan v. Alternative Resources Corp. The quote that leads off this post comes from the opinion of Circuit Judge Paul V. Niemeyer concurring in the denial of rehearing en banc.

The original three-judge panel previously issued two opinions in the case. The first opinion issued on May 12, 2006, and my coverage of that ruling appeared here. On August 14, 2006, following the grant of panel rehearing, the panel issued a new set of opinions, and my coverage of the opinions issued on panel rehearing can be accessed here.
Posted at 05:00 PM by Howard Bashman

"Northwest doesn't need its own federal court circuit": U.S. District Judges Robert S. Lasnik and Robert H. Whaley have this op-ed today in The Seattle Times.

Today in The Arizona Republic, columnist Richard Ruelas has an op-ed entitled "Splitting court may leave Latino judges out of mix."

And two weeks ago tomorrow, The San Diego Union-Tribune published an editorial entitled "Politics and justice: Plan to split court again tainted by politics."
Posted at 04:08 PM by Howard Bashman

"Although precedent forecloses Marion Hungerford's Eighth Amendment challenge to 18 U.S.C. ยง 924(c), under which she received almost all of her 159-year term of imprisonment, it cannot be left unsaid how irrational, inhumane, and absurd the sentence in this case is, and moreover, how this particular sentence is a predictable by-product of the cruel and unjust mandatory minimum sentencing scheme adopted by Congress." So begins an opinion concurring in the judgment that Ninth Circuit Judge Stephen Reinhardt issued today.
Posted at 01:00 PM by Howard Bashman

"A raspberry for the court?" Columnist Linda P. Campbell had this op-ed yesterday in The Fort Worth Star-Telegram. The essay examines the LaRoyce Smith death penalty case, which the U.S. Supreme Court recently granted cert. to review for a second time.
Posted at 12:28 PM by Howard Bashman

"Which Law Prof Blogs Have the Juice?" This post appears today at "TaxProf Blog," which pledges to continue to report this information on a periodic basis so long as "TaxProf Blog" remains among the top five juiciest law professor blogs.
Posted at 10:44 AM by Howard Bashman

A motion for relief from a judgment or order under Federal Rule of Civil Procedure
cannot properly be directed toward the decisions of a federal district court that is exercising appellate review over a bankruptcy court's ruling:
A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this opinion today.
Posted at 10:30 AM by Howard Bashman

"Legal Legacy": In the October 30, 2006 issue of The Nation, Law Professor Herman Schwartz will have this review of four recent books about the U.S. Supreme Court.

The review begins, "This fall, the Supreme Court enters a new era. No more will William Rehnquist stare coldly down at lawyers from the center chair. Instead, John Roberts will amiably but firmly interrogate them. And no more will Sandra Day O'Connor, sitting next to the Chief Justice, crisply ask her probing questions. Instead, Samuel Alito will politely address his from the far right end of the bench."
Posted at 09:22 AM by Howard Bashman

"Taking sides can be risky business; Stores might turn off potential customers": The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, "Jim Fischer cares enough about the state's ban on nearly all abortions to stake the livelihood of his business on it."
Posted at 08:35 AM by Howard Bashman

"Area law firms reach for a star; After the Enron courtroom victory, the U.S. lead prosecutor, Sean Berkowitz, finds himself again spotlighted--this time by recruiters": This article appears today in The Chicago Tribune.
Posted at 08:27 AM by Howard Bashman

"Animal rights group loses lawsuit appeal; Free speech doesn't apply to illegal conduct, court says": Bob Egelko has this article today in The San Francisco Chronicle.

You can access at this link yesterday's ruling of California's Court of Appeal for the First Appellate District, Division Two.
Posted at 08:24 AM by Howard Bashman

In the current issue of The Harvard Law Record: The publication contains articles headlined "Faculty Unanimously Overhauls First-Year Curriculum"; "Questions and Answers About the New 1L Curriculum"; "Kelo Attorney Fights for Life, Liberty, and Property"; and "Mock Funeral Protests 'Death of the Constitution.'"
Posted at 08:14 AM by Howard Bashman

"Md. court rules against cuts in health care benefits; Decision favors legal immigrants battling for state insurance money": The Baltimore Sun today contains an article that begins, "Maryland's highest court sided with the families of 13 legal immigrant children yesterday in a long-running battle over their right to state health insurance that Gov. Robert L. Ehrlich Jr. eliminated more than a year ago."

And The Washington Post reports today that "Ruling Faults Cuts in Immigrant Health Benefits; Injunction Upheld in Suit Over State Program for Children, Pregnant Women."

You can access yesterday's ruling of the Court of Appeals of Maryland, that State's highest court, at this link.
Posted at 08:10 AM by Howard Bashman

"The Abstinence Shtick, Minus Jesus; Assembly Attended by 1,000 Students Watched Warily by ACLU": This article appears today in The Washington Post.
Posted at 07:58 AM by Howard Bashman

"Charge of Treason Difficult to Prove, Legal Experts Say; Al-Qaeda Videos Led to Indictment": The Washington Post contains this article today.
Posted at 07:55 AM by Howard Bashman

"Red Cross Interviews 14 Qaeda Terrorism Suspects at Guantanamo": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Red Cross Meets With 14 Moved to Guantanamo Bay."

And in The Miami Herald, Carol Rosenberg reports that "Red Cross met key detainees; The Red Cross met with Khalid Sheik Mohammed and Abu Zubaydah, registering them as U.S.-held captives after about four years at secret CIA sites."
Posted at 07:45 AM by Howard Bashman

"Same-sex marriage back before voters, but mood different; Support for constitutional bans weaker than in 2004; activists seek reversals": This article appears today in USA Today.
Posted at 07:35 AM by Howard Bashman

"Web page may jeopardize cases": The Wichita Falls (Tex.) Times Record News today contains an article that begins, "Pending criminal cases might be jeopardized after city officials and the Wichita Falls Police Department learned of a graphic Web page operated by Officer Jeremiah Love. They placed him on suspension Tuesday."

The newspaper also contains a related article headlined "Bachman: Officer's posts show 'lack of good moral character.'"

And The Associated Press reports that "Officer Suspended Over Graphic Web Site."
Posted at 06:45 AM by Howard Bashman

"The California Court of Appeal's Same-Sex Marriage Decision: Not the Last Word on the Matter, But Still Revealing In Many Ways." Vikram David Amar has this essay online at FindLaw.
Posted at 06:40 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