How Appealing



Tuesday, November 6, 2007

“Maneuver gave Bush a conservative rights panel”: Today in The Boston Globe, Charlie Savage has an article that begins, “The US Commission on Civil Rights, the nation’s 50-year-old watchdog for racism and discrimination, has become a critic of school desegregation efforts and affirmative action ever since the Bush administration used a controversial maneuver to put the agency under conservative control.”

Posted at 5:35 PM by Howard Bashman



“Senate Judiciary Committee Executive Business Meeting on A.G. Nominee Mukasey”: C-SPAN has posted the video online at this link (RealPlayer required).

Posted at 5:28 PM by Howard Bashman



“Judge Allows Abuse Lawsuit Against Firm”: Lara Jakes Jordan of The Associated Press has an article that begins, “A federal judge allowed a lawsuit to proceed Tuesday against private defense firm CACI International Inc., whose interrogators are accused of abusing detainees at the notorious Abu Ghraib prison in Iraq. A similar civil suit against a second contracting company, Titan Corp., was dismissed under the order by U.S. District Judge James Robertson of the District of Columbia.”

You can access today’s ruling of the U.S. District Court for the District of Columbia at this link.

Posted at 5:25 PM by Howard Bashman



I’ve already voted today; Have you? Here in Pennsylvania, lots of judges are on the ballot. Voters will elect two new Justices of the Supreme Court of Pennsylvania and decide whether a third should be retained for another ten-year term. On Pennsylvania’s busiest intermediate appellate court, the Superior Court, three new judges will be elected and the retention of another three currently-sitting judges will be decided. You can follow the results tonight via this link.

Without leaving your keyboard, you can vote in another contest of interest, for “Best Law Blog” in The 2007 Weblog Awards. “How Appealing” could use your vote in this popularity contest in order to have a respectable showing. To vote, simply click here and then click on the appropriate oval a couple of times until the current vote results are revealed. You can vote once per computer every 24 hours until the contest wraps-up, so please be sure to keep voting as often as possible. The voting on these awards will conclude on Thursday, November 8, 2007, so please go vote right now. “How Appealing” is currently entrenched in fifth place out of ten nominees, but if everyone who views this post clicks on this link and votes for “How Appealing,” this blog will rapidly catapult up the rankings to first place.

Posted at 3:05 PM by Howard Bashman



“Judge This: In the footsteps of Roberts and Alito.” Kristi L. Remington and Jamie E. Brown have this essay today at National Review Online.

Posted at 2:44 PM by Howard Bashman



“Calif. Court Considers Marijuana Use”: The Associated Press provides a report that begins, “When Gary Ross was ordered to take a drug test at his new job, the recently hired computer tech had no doubt the results would come back positive for marijuana. But along with his urine sample, Ross submitted a doctor’s recommendation that he smoke pot to alleviate back pain – a document he figured would save him from being fired. It didn’t: Ross was let go eight days into his tenure because his employer, Ragingwire Inc., said federal law makes marijuana illegal no matter the use. On Tuesday, the California Supreme Court is due to hear Ross’ case, the latest example of the intensifying clash between federal and local authorities over marijuana use.”

Posted at 11:18 AM by Howard Bashman



“Judge Kavanaugh on the Relevance of the Legal Academy”: Roger Alford has an interesting post today at the “Opinio Juris” blog that begins, “Two weeks ago I had the good fortune to moderate a panel at the International Law Weekend that included Judge Brett Kavanaugh of the D.C. Circuit. I thought his comments deserved wider dissemination.” Among the points covered in Roger’s post is “Judges Read Blogs.”

Posted at 10:54 AM by Howard Bashman



“Panel Sends Mukasey Nomination to Senate”: The Associated Press provides a report that begins, “The Judiciary Committee voted to advance the nomination of Attorney General-designate Michael Mukasey to the Senate floor Tuesday, virtually ensuring his confirmation before Thanksgiving. The 11-8 vote came after two key Democrats accepted his vow to enforce any law Congress might enact against waterboarding.”

Posted at 10:52 AM by Howard Bashman



U.S. Court of Appeals for the Sixth Circuit joins Michigan federal district court in rejecting father’s objections to child support in lawsuit some have referred to as “Roe v. Wade for men”: You can access today’s Sixth Circuit ruling in Dubay v. Wells at this link.

In earlier press coverage, The Detroit News in March 2006 published an article headlined “Dads: No cash for unwanted children; In lawsuit, activists argue if women have right to decide fate of fetus, fathers can decline financial role.” BBC News reported that “US men fight child support laws; Men’s rights activists in the US are to argue in court that fathers do not have an obligation to pay money towards raising a child they did not want.” And ABC12-TV of Flint, Michigan reported that “Matt Dubay speaks about lawsuit; Suit dubbed ‘Roe vs. Wade for men.’

As you might expect, the case has also generated substantial commentary. In The Boston Globe, Jeff Jacoby had an op-ed entitled “The obligation of unwanted fatherhood.” And in the Ideas section of that newspaper, Drake Bennett had a report headlined “A man’s right to choose: This is Joe’s sperm. It contains his genetic material. When joined with an egg, it can produce offspring–as well as certain legal responsibilities. Does Joe have any say in all this?” In USA Today, DeWayne Wickham had an op-ed entitled “Mich. paternity law dispute: A weak man, weaker case.” And in The Milwaukee Journal Sentinel, Rick Esenberg had an essay entitled “A ‘male abortion’ right?

Posted at 10:21 AM by Howard Bashman



“Is bad counsel something to die for? The Supreme Court will decide whether a flawed prediction by defense lawyer should mean execution for an Idaho murderer.” David G. Savage has this article today in The Los Angeles Times.

And today in The New York Times, Linda Greenhouse has an article headlined “‘Bad’ Legal Advice and the Death Penalty.”

Posted at 8:33 AM by Howard Bashman



“More on The Second Circuit’s Recent, Significant Decision Regarding Two Suits Involving the Alien Tort Claims Act”: Anthony J. Sebok has this essay, part two in a two-part series, online today at FindLaw. Part one can be accessed here.

Posted at 8:20 AM by Howard Bashman



“The Questions Senators Should Ask Themselves About Attorney General Nominee Michael Mukasey”: Carl Tobias has this essay today at FindLaw.

Posted at 8:17 AM by Howard Bashman