How Appealing

Monday, December 4, 2006

"Court Reviews Race as Factor in School Plans": Linda Greenhouse will have this article Tuesday in The New York Times.

And The Washington Post on Tuesday will report that "Justices Weigh Race, School Admissions; Cases Draw Wide Interest, Including Demonstrations."
Posted at 10:33 PM by Howard Bashman

"Supreme Court Revisits Race in Public Schools": This segment (transcript with link to audio) appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:20 PM by Howard Bashman

"Competing Models of Judicial Coalition Formation and Case Outcome Determination": Law Professor Tonja Jacobi has this paper (abstract with links for download) online at SSRN (via "Legal Theory Blog").
Posted at 09:55 PM by Howard Bashman

Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained an audio segment entitled "Supreme Court Hears School Diversity Case" featuring Nina Totenberg.

And today's broadcast of "Talk of the Nation" contained an audio segment entitled "Supreme Court and School Diversity" featuring David G. Savage.
Posted at 08:27 PM by Howard Bashman

"DoD Photos of Shackling Jose Padilla": Cryptome has posted them online at this link, while a PDF copy of the image is here.

As I noted here last night, The New York Times today contains a related article headlined "Video Is a Window Into a Terror Suspect's Isolation."
Posted at 08:10 PM by Howard Bashman

"Court appears likely to bar school 'racial balancing'": David G. Savage of The Los Angles Times provides this news update.

And Stephen Henderson of McClatchy Newspapers reports that "Supreme Court weighs school diversity cases."
Posted at 07:45 PM by Howard Bashman

"Affirmative Inaction: Anthony Kennedy is sort of horrified by voluntary school desegregation." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 07:40 PM by Howard Bashman

"With the recent 9th Circuit opinion and one in Pennsylvania, there has been a lot of discussion about what constitutes possession of child pornography in our modern Internet era." So begins a post at the blog "Sex Crimes" about my "On Appeal" essay headlined "Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?" published today at

And the blog "Esoteric Appeal" discusses my essay in an interesting post titled "Why Tech Law Is Amazing."

Lots of other interesting comments about the essay have arrived by email, and I hope to have the time to respond to some or all of them soon.
Posted at 06:00 PM by Howard Bashman

"Balancing the races by racial edicts": The Christian Science Monitor on Tuesday will contain an editorial that begins, "The Supreme Court Monday heard arguments in a case involving the use of skin color to decide where a student attends school."
Posted at 05:50 PM by Howard Bashman

"Supreme Court Could Rule Against Use of Race for Public School Diversity":'s Tony Mauro provides a news update that begins, "The Supreme Court appeared headed on Monday toward a ruling that will sharply limit, if not eliminate, the use of race as a factor in assigning students to public schools to achieve diversity."
Posted at 05:04 PM by Howard Bashman

"Maryland Court Hears Same-Sex Marriage Arguments": The Washington Post provides this news update.

And The Baltimore Sun provides a news update headlined "Same-sex marriage arguments begin; Case starts in state's highest court as both sides brace for long battle."

By clicking here (RealPlayer required), you can watch archived video of today's oral argument in the Court of Appeals of Maryland, that State's higest court. The red robes that the court's judges wear at argument -- which are "red"-ily apparent on the video -- seem festively appropriate for this holiday season.
Posted at 04:40 PM by Howard Bashman

Tomorrow's Senate Judiciary Committee confirmation hearing for judicial nominees has been canceled: The notice of cancellation is at this link.
Posted at 04:23 PM by Howard Bashman

On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Supreme Court Considers Integration in Schools" (featuring Dahlia Lithwick); "Sperm Donor Challenges Parental Rights in Kansas"; and "Video Shows Treatment of Terrorism Suspect Padilla."
Posted at 03:50 PM by Howard Bashman

Available online from the First Amendment Center: Two news analysis items from Tony Mauro -- the first is headlined "'Faith-based' case tests establishment-clause lawsuit standing," while the second is headlined "Court may untangle student-speech cases with 'Bong Hits.'"
Posted at 03:33 PM by Howard Bashman

C-SPAN has posted online for on-demand viewing the audio of today's U.S. Supreme Court oral arguments in the race-based school assignment cases: You can view this morning's oral argument in Parents Involved in Community Schools v. Seattle School District, No. 05-908, by clicking here (RealPlayer required). In addition, the same-day transcript of this argument is available at this link.

And you can view this morning's oral argument in Meredith v. Jefferson County Board of Education, No. 05-915, by clicking here (RealPlayer required). Update: The same-day transcript of this argument is now available at this link.
Posted at 03:28 PM by Howard Bashman

"Key U.S. justice opposes use of race in school cases": James Vicini of Reuters provides this report.

And Greg Stohr of Bloomberg News reports that "Race-Based School Assignments Questioned by U.S. Supreme Court."
Posted at 03:20 PM by Howard Bashman

"Judge Posner's Seductive Realism and Pragmatic Adjudication--Beware the Pied Piper": Brian Tamanaha has this post today at "Balkinization."
Posted at 03:15 PM by Howard Bashman

"Correcting the Constitution": Today's broadcast of the public radio program "On Point" featured a lengthy segment (available in both RealPlayer and Windows Media Player formats) focusing on Law Professor Sanford Levinson's new book, "Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)."
Posted at 03:12 PM by Howard Bashman

"Truck Driver Convicted in Smuggling Case": The Associated Press provides a report that begins, "A truck driver was convicted Monday for his role in the nation's deadliest human smuggling attempt, in which 19 illegal immigrants died from dehydration, overheating and suffocation inside a sweltering tractor-trailer. The trial's punishment phase was set to begin on Wednesday and was expected to last about a week. Jurors will decide whether the driver, Tyrone Williams, should be sentenced to death or life in prison."

And Harvey Rice of The Houston Chronicle provides a news update headlined "Truck driver convicted in smuggling deaths case."
Posted at 03:02 PM by Howard Bashman

"Judge Forgoes Salary, But May Not Forgo Income": "TaxProf Blog" has this post concerning the latest report on Pa. Superior Court Judge Joan Orie Melvin's efforts to decline Pennsylvania's controversial judicial pay raise.
Posted at 01:38 PM by Howard Bashman

Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "Schools' race experiments may be doomed" and "Court puts off school holiday display appeal."
Posted at 01:32 PM by Howard Bashman

"Supreme Court Looks at Race and Schools": The Associated Press provides this updated report.
Posted at 12:20 PM by Howard Bashman

C-SPAN has just begun its rebroadcast of today's oral arguments in the race-based school admission cases: You can access C-SPAN live, online using either Real Player or Windows Media Player.
Posted at 11:17 AM by Howard Bashman

"Supreme Court Lets Stand 55-Year Term": The Associated Press provides a report that begins, "The Supreme Court on Monday let stand a mandatory 55-year prison sentence, condemned as excessive by the federal judge who imposed it, for a man convicted of carrying a handgun during three marijuana deals."

And The AP also reports that "Court Turns Down Sex Survey Case Review."

Update: Today's U.S. Supreme Court Order List can be accessed at this link.
Posted at 10:25 AM by Howard Bashman

View the video of Justice Stephen G. Breyer's appearance yesterday on FOX News Sunday: You can view the video online by clicking here.

My earlier coverage of Justice Breyer's television appearance yesterday can be accessed at this link.
Posted at 10:09 AM by Howard Bashman

"Supreme Court to Weigh Schools' Racial Plans": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."

And The Associated Press reports that "Supreme Court Looks at Race and Schools."

C-SPAN plans to air the same-day oral argument audio in these cases as soon as it becomes available. The broadcast of the audio from this morning's first oral argument is likely to start at approximately 11:15 a.m. You can access C-SPAN live, online using either Real Player or Windows Media Player.
Posted at 09:50 AM by Howard Bashman

"Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?" The brand new installment of my "On Appeal" column for can be accessed here.

My essay begins, "Two appellate courts recently ruled that an individual who intentionally visited Web sites to view child pornography, but who did not intentionally save those images to his computer's hard drive, could not be convicted or punished for possessing images that were automatically saved due to the Web browser's cache functions. These rulings strike me as badly mistaken, for reasons that I explain below."
Posted at 08:17 AM by Howard Bashman

"Prosecutor of drug case found killed; Assistant U.S. attorney for Md. discovered shot, beaten and stabbed in Pa.; 'We will find out who did this'; Authorities retrace Luna's steps, ask for public's help": Three years ago tomorrow, The Baltimore Sun published an article that begins, "A federal prosecutor who disappeared as he was preparing to conclude a drug case against a would-be Baltimore rap artist and another man was found beaten, stabbed and shot in rural Pennsylvania yesterday, and top federal officials vowed to track down his killer."

Today thus marks the three-year anniversary of the date on which Assistant U.S. Attorney Jonathan Luna's lifeless body was found in Lancaster County, Pennsylvania. Yesterday, The Sunday News of Lancaster published an article headlined "Luna case takes turns; Book update tells of wounds to back, hands of assistant U.S. attorney found dead in 2003; mortician is source; lawsuit could force an inquest." And an archive of The Baltimore Sun's coverage of this still unsolved case can be accessed here.
Posted at 08:15 AM by Howard Bashman

"Politically correct abortion-speak": Nat Hentoff has this op-ed in today's issue of The Washington Times.
Posted at 08:11 AM by Howard Bashman

"We're Still Learning From Brown v. Board of Education; As long as we struggle to integrate schools, race-based measures should pass muster": Andrew J. Pincus has this essay (free access) in today's issue of Legal Times.
Posted at 08:10 AM by Howard Bashman

"The mock-amole defense: When a guacamole dip is only 2% avocado, it's mislabeled, but that's no reason to seek punitive damages." This editorial appears today in The Los Angeles Times.
Posted at 08:05 AM by Howard Bashman

"Global warming to gay rights: The worldwide trend of recognizing same-sex marriage will likely continue." Paula L. Ettelbrick has this op-ed today in The Los Angeles Times.
Posted at 08:04 AM by Howard Bashman

"As Md. Court Weighs Same-Sex Marriage, Plaintiffs Hear Echoes of Previous Fight": This article appears today in The Washington Post.

And The Washington Times reports today that "Religious liberty group takes up 'marriage' case."

Today's oral argument before the Court of Appeals of Maryland -- that State's highest court -- in the case of Conway v. Deane presents the question whether Maryland law prohibits the marriage of two persons of the same gender. The court is scheduled to webcast the oral argument live starting at 10 a.m. today. You can access the webcast online via this link. And the briefs filed in the case can be accessed here (link via "The Volokh Conspiracy").
Posted at 07:58 AM by Howard Bashman

"Cases retread Brown vs. Board of Education steps; The Supreme Court takes up two school integration disputes that could have far-reaching effects": David G. Savage has this article today in The Los Angeles Times.

The Louisville Courier-Journal reports today that "Court to hear unlikely advocate; Lawyer challenges Jefferson desegregation policy."

In The New York Sun, Joseph Goldstein reports that "Spitzer Argues For Race-Based School Admission."

The Newark (N.J.) Star-Ledger contains an article headlined "Jersey's stake in U.S. justices' integration ruling."

The Detroit Free Press reports that "Detroit eyes Supreme Court cases; Activists fear return to inequality in schools."

And The Washington Post today contains an editorial entitled "A Different Race Case: The Supreme Court considers whether race can be used in public school placement."
Posted at 06:48 AM by Howard Bashman

"Try bipartisanship on judge nominees; Delay on Iowa judge typifies polarization": This editorial appears today in The Des Moines Register.
Posted at 06:35 AM by Howard Bashman

"Top court asked to rule on Jewish rite; Montrealer wants her ex-husband to pay for refusing to give her a bill of divorce": CanWest News Service provides this report.
Posted at 06:33 AM by Howard Bashman

"The Supreme Court Oral Argument in the Global Warming Case Reveals What's Wrong with the Standing Doctrine": Michael C. Dorf, co-author of the blog "Dorf on Law," has this essay today online at FindLaw.
Posted at 06:28 AM by Howard Bashman

"Hot and Cold": In the December 11, 2006 issue of The New Yorker, Elizabeth Kolbert has this essay about the U.S. Supreme Court and global warming.
Posted at 06:24 AM by Howard Bashman

"Blawg Review #86": Available here, at "Infamy or Praise."
Posted at 06:20 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