How Appealing


Thursday, January 11, 2007

One year ago, The Associated Press knew U.S. Supreme Court nominee Samuel A. Alito, Jr.'s actual first name: According to The AP's widely-distributed "Today in history" feature for January 12, 2007, one year ago "Supreme Court nominee Joseph Alito completed four days of testimony at his Senate confirmation hearing."
Posted at 09:35 PM by Howard Bashman




Thursday, January 11, 2007

"Jury Selection Begins in Atlanta Shooting Case": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 05:50 PM by Howard Bashman




Thursday, January 11, 2007

Password-shmassword, Fourth Circuit holds: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit held that a wife had authority to allow police to search the contents of her husband's password-protected computer, even though only the husband knew the password. The police accessed the files by mirroring the computer's hard drive, which avoided any need to ascertain the password. Although the computer was password-protected, none of the files on the computer were themselves encrypted. You can access today's ruling at this link.
Posted at 05:25 PM by Howard Bashman




Thursday, January 11, 2007

"The Brennan Memos: Brennan dishes on his colleagues." Jim Newton has this jurisprudence essay online at Slate. This is part three in a three-part series. Links to the two earlier parts are available via the foregoing link.
Posted at 05:15 PM by Howard Bashman




Thursday, January 11, 2007

Programming note: The work-related matter that has caused me to be in Washington, DC today will have me off-line for much of the day. Additional posts will appear later today.
Posted at 09:45 AM by Howard Bashman




Thursday, January 11, 2007

"Roberts' Rules: In an exclusive interview, Chief Justice John Roberts says that if the Supreme Court is to maintain legitimacy, its justices must start acting more like colleagues and less like prima donnas." Law Professor Jeffrey Rosen has this article [update: free access now available] in the January/February 2007 issue of The Atlantic Monthly.

Ann Althouse provides extensive excerpts from the article in this blog post.
Posted at 08:20 AM by Howard Bashman




Thursday, January 11, 2007

Available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled "Just Say No Twice: The Supreme Court declines to pay its union dues."

Emily Bazelon has a jurisprudence essay entitled "Four Ways To Stop the War: What Congress could do--if it dared."

And Meghan O'Rourke has an essay entitled "The Copycat Syndrome: Plagiarists at work" focusing on Seventh Circuit Judge Richard A. Posner's new book, "The Little Book of Plagiarism."
Posted at 08:17 AM by Howard Bashman




Thursday, January 11, 2007

Available online at Reason: Julian Sanchez has an essay entitled "The Pinpoint Search: How super-accurate surveillance technology threatens our privacy."

And Katherine Mangu-Ward has an essay entitled "Is Privacy Overrated? The merits, drawbacks, and inevitability of the surveillance nation."
Posted at 08:10 AM by Howard Bashman




Thursday, January 11, 2007

Available at National Review Online: Mark Mix has an essay entitled "Laboring Against Free Speech: Unions want to force workers to pay for political speech the workers object to."

And Edward Whelan has an essay entitled "Not Credible 'Whatsoever': The ABA sinks deeper."
Posted at 08:05 AM by Howard Bashman




Thursday, January 11, 2007

"Justices express support for limiting use of union fees": Joan Biskupic has this article today in USA Today.

And The Washington Times reports today that "Supreme Court hears teachers' union case."
Posted at 07:22 AM by Howard Bashman




Thursday, January 11, 2007

"A voice from Gitmo's darkness: A current detainee speaks of the torture and humiliation he has experienced at Guantanamo since 2002." Jumah al-Dossari has this op-ed today in The Los Angeles Times.
Posted at 07:20 AM by Howard Bashman




Thursday, January 11, 2007

"Justice enters Prop 2 case; Court seeks briefs; U-M drops race, gender to qualify": This article appears today in The Detroit Free Press.

The Lansing State Journal reports today that "D.C. law firm pushes for Prop 2 compliance; U-M to follow law as courts consider appeal."

The Ann Arbor News reports that "U-M to ignore race and gender on applications; University will comply with Proposal 2 immediately."

And The Michigan Daily reports that "Despite Prop 2, race will stay on applications; 'U' will trust admissions officers to ignore race, gender."
Posted at 07:18 AM by Howard Bashman




Thursday, January 11, 2007

"U.S. seeks charge reinstated; Padilla, others face terrorism trial Jan. 22": The Atlanta Journal-Constitution contains this article today.

The South Florida Sun-Sentinel reports today that "Terror ruling faces scrutiny; U.S. wants to revive charge for Padilla, 2 others."

And USA Today reports that "U.S. presses life-sentence option for Padilla."
Posted at 07:12 AM by Howard Bashman




Thursday, January 11, 2007

"Appeals judges dig into Missouri execution procedures": This article appears today in The St. Louis Post-Dispatch.

And The Associated Press reports that "Court panel hears Mo. execution case."
Posted at 07:05 AM by Howard Bashman




Thursday, January 11, 2007

"Jury selection to begin in Nichols trial": The Atlanta Journal-Constitution today contains an article that begins, "Jury selection begins Thursday in the death penalty trial of accused courthouse killer Brian Nichols."
Posted at 07:04 AM by Howard Bashman




Thursday, January 11, 2007

"Trapped at Guantanamo": Melissa Hoffer has this op-ed today in The Boston Globe.
Posted at 06:58 AM by Howard Bashman




Thursday, January 11, 2007

"Bush Resubmits Judge's Name; Bar Associations Oppose Bryant For Federal Bench, But She Has Key Backing": The Hartford Courant today contains an article that begins, "The White House has resubmitted its federal judicial nomination of state Judge Vanessa L. Bryant, whose appointment the U.S. Senate failed to act upon last year after she underwent a bruising review of her qualifications."
Posted at 06:54 AM by Howard Bashman




Thursday, January 11, 2007

"Law Firm Employee Is Accused of Posing as Lawyer in Court": The New York Times contains this article today.
Posted at 06:50 AM by Howard Bashman




Thursday, January 11, 2007

"Too Casual To Sit on Press Row? Bloggers' Credentials Boosted With Seats at the Libby Trial." This article appears today in The Washington Post.

And don't miss this post from last night describing a blogger's impact at the appellate level in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 06:48 AM by Howard Bashman




Thursday, January 11, 2007

"Let There Be 'Blight': Welcome to the post-Kelo world." William R. Maurer has this op-ed today in The Wall Street Journal.
Posted at 06:35 AM by Howard Bashman




Thursday, January 11, 2007

It's allegedly hard out here for a former federal prosecutor: The Newark Star-Ledger today contains an article headlined "Former U.S. prosecutor charged in call-girl ring; Ex-trooper also arrested in a 'disgraceful' case."

The New York Post today contains an article headlined "All Rise! Lawyer 'Pimped'; Ran a brothel for busted client: DA."

The New York Times reports that "A Tough Defense Lawyer Finds He’s in Need of One."

And The New York Sun reports that "Former Prosecutor Accused Of Running Prostitution Ring."

Thanks to YouTube, you can access a video of the Oscar-winning song "It's Hard Out Here for a Pimp" by clicking here.
Posted at 06:20 AM by Howard Bashman




Thursday, January 11, 2007

"New Iraq Commander Spoke Up for Judith Miller": Josh Gerstein has this article today in The New York Sun.
Posted at 06:08 AM by Howard Bashman




Thursday, January 11, 2007

"Two Recent Federal Appellate Decisions on Prisoners' Religious Exercise Claims: Illustrations of the Application of the Religious Land Use and Institutionalized Persons Act to the Prison Context." Marci Hamilton has this essay online today at FindLaw.
Posted at 06:05 AM by Howard Bashman




Thursday, January 11, 2007

"Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?" That was the title of the December 4, 2006 installment of my "On Appeal" column for law.com.

In that essay, I criticized a recent ruling of the U.S. Court of Appeals for the Ninth Circuit and a recent ruling of the Superior Court of Pennsylvania.

On Wednesday, the Pa. Superior Court withdrew its three-judge panel opinion and granted reargument en banc of its decision. You can access that court's docket entries at this link.
Posted at 12:28 AM by Howard Bashman




Thursday, January 11, 2007

"I appreciate the temptation to make every law 'the best it can be,' but that is not the Supreme Court's current mode of statutory interpretation": So writes Chief Judge Frank H. Easterbrook, dissenting in part from a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Wednesday. Circuit Judge Richard A. Posner joined in the majority opinion.
Posted at 12:10 AM by Howard Bashman




Wednesday, January 10, 2007

"[M]ore research will be needed to establish whether failures to report or return have properly been categorized by this and most other courts as crimes of violence." Is failing to report to jail on time to begin serving a criminal sentence a "crime of violence"? Circuit Judge Richard A. Posner today issued this interesting opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 11:58 PM by Howard Bashman




Wednesday, January 10, 2007

"CIA Defends Document Secrecy at Trial": The Associated Press provides a report that begins, "The CIA cannot reveal 'alternative interrogation methods' used on terrorists because doing so would cause exceptionally grave damage to national security by telling enemies how the agency gathers intelligence, the government has told a judge."
Posted at 11:42 PM by Howard Bashman




Wednesday, January 10, 2007

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "University of Michigan Head Balances Law, Diversity" and "Michigan School Announces New Admissions Rules" (RealPlayer required).
Posted at 11:40 PM by Howard Bashman




Wednesday, January 10, 2007

"5 years after detainees' arrival, policy questions remain": Carol Rosenberg of McClatchy Newspapers provides a report that begins, "Only a few reporters and military escorts were allowed to observe the airstrip at Guantanamo Bay, Cuba, the afternoon of Jan. 11, 2002, when the U.S. military cargo plane touched down bearing its bizarre and scary cargo: 20 men in day-glo orange jumpsuits, chains and masks."
Posted at 11:34 PM by Howard Bashman




Wednesday, January 10, 2007

"Rights of Unions and Nonmembers Vie at Court": Linda Greenhouse will have this article Thursday in The New York Times.

In Thursday's edition of The Washington Post, Robert Barnes will report that "Justices Hear Case on Right of Unions to Use Nonmembers' Dues."

Stephen Henderson of McClatchy Newspapers reports that "Court unlikely to grant 1st Amendment rights to union political activity."

And at law.com, Tony Mauro reports that "Supreme Court Shows an Anti-Union Hand."
Posted at 11:25 PM by Howard Bashman




Wednesday, January 10, 2007

Excellent news from the D.C. Circuit: This evening, the following email arrived from Chief Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the D.C. Circuit:
On November 22, 2006 your blog "How Appealing" called our attention to the confusion surrounding the D. C. Circuit's resolution of the rehearing petition filed in Abigail Alliance for Better Access to Dev. Drugs v. Von Eschenbach, 445 F.3d 470 (D.C. Cir.), panel reh'g denied, 469 F.3d 129 (D.C. Cir.), judgment vacated and reh'g en banc granted, No. 04-5350 (D.C. Cir. Nov. 21, 2006). You correctly observed that the published panel decision denying rehearing was immediately available on the Court's website but the unpublished en banc Court's order granting rehearing was not readily available to the public until the following day and then only to those who have accounts with the federal judiciary's PACER electronic docket service and pay a fee.

As a result of your blog, I asked the Court at a recent meeting to change our practice. I am pleased to report that the Court adopted a policy of publishing all orders that grant panel rehearing or that grant rehearing en banc. Consequently, in the future, such orders will be available to the public, immediately and without charge. Thank you for bringing this matter to the attention of the court.

This is truly excellent news, and I thank Chief Judge Ginsburg for bringing this change in practice to the attention of this blog's readers. My post from November 22, 2006 refereced in Chief Judge Ginsburg's email can be accessed at this link.
Posted at 11:20 PM by Howard Bashman




Wednesday, January 10, 2007

Thanks for a wonderful evening: Just wanted to thank my dinner and pre-dinner companions for a wonderful evening here in Washington, DC.
Posted at 11:12 PM by Howard Bashman




Wednesday, January 10, 2007

The Associated Press is reporting: An article reports that "Appeals Court to Hear S.D. Abortion Case." My earlier coverage of yesterday's development appears at this link.

And an article reports that "Federal Court Says 'Alpha Dog' Can Open."
Posted at 04:38 PM by Howard Bashman




Wednesday, January 10, 2007

"Supreme Court Considers Union Spending": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:33 PM by Howard Bashman




Wednesday, January 10, 2007

"The Brennan Memos: Brennan on abortion." Jim Newton has this jurisprudence essay online today at Slate.
Posted at 04:30 PM by Howard Bashman



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