How Appealing



Monday, March 28, 2005

“Daniel Benitez, key plaintiff in Mariel boatlift case, dead at 49”: The Associated Press reports here that “One of two Mariel Cubans whose cases against the U.S. government led to the Supreme Court decision barring the indefinite detention of illegal migrants died Monday, his attorney said.” The U.S. Supreme Court issued the ruling in question on January 12, 2005.

Posted at 1:00 PM by Howard Bashman



“Justice’s family to back BWI renaming; Thurgood Marshall’s wife, son to urge legislators to honor civil rights pioneer; Bill passed House, sits in Senate”: This article appears today in The Baltimore Sun.

Posted at 12:52 PM by Howard Bashman



“Both sides find ammo in Pryor’s record; Whether his federal judgeship should be permanent debated”: This article appears today in The Birmingham News.

Posted at 11:55 AM by Howard Bashman



In news from Illinois: The Associated Press reports today that “Case raises ethical dilemma for justice; Karmeier presiding over State Farm case; company contributed to his campaign.”

In related coverage, last week The St. Louis Post-Dispatch contained an article headlined “Justice looks at changing how judges are chosen” that begins, “In the wake of last year’s bitter and expensive Illinois Supreme Court race in Southern Illinois, the court’s chief justice quietly convened a meeting of the state’s top legal minds Tuesday to lay groundwork for what could be a major overhaul of the way Illinois selects its judges.”

Posted at 9:35 AM by Howard Bashman



In today’s edition of The Los Angeles Times: An article reports that “Rare Bugs Arrest a Development; A Texas man, backed by property rights advocates, is trying to get the Supreme Court to hear his challenge to the Endangered Species Act.”

And in other news, “Schiavo Called Beyond Saving; Seeing their daughter ‘declining rapidly,’ the woman’s parents are done with courtroom efforts to keep her alive, a spokesman says” and “‘Culture of Life’ Issues Split GOP.”

Posted at 8:20 AM by Howard Bashman



“Death and Congress: What the Terri Schiavo case says about America and American politics.” In the April 4, 2005 issue of The New Yorker, Hendrik Hertzberg has a “Talk of the Town” comment in which he writes, “Terri Schiavo has become a metaphor in the religio-cultural struggle over abortion. This–along with the advantages of demonizing the judiciary in preparation for the coming battle over Supreme Court nominees–explains the eagerness of Republican politicians to embrace her parents’ cause.”

Posted at 6:42 AM by Howard Bashman



“The fight for the courts: The Terri Schiavo case has demonstrated the importance of an independent judiciary, but Republicans are determined to pack the courts with ideologues.” This editorial appears today in The St. Petersburg Times.

The Houston Chronicle today contains an editorial entitled “The constitutional role of an independent Senate is more important than the confirmation of a handful of ideological judicial nominees.”

The Winston-Salem Journal contains an editorial entitled “Save the Filibuster.”

The Minnesota Daily contains an editorial entitled “Nuclear tyranny in the Senate: Deploying the ‘nuclear option’ will both destroy bipartisanship and damage debate.”

And in The Tufts Daily, Mark DeVoto has an essay entitled “Republicans consider the ‘nuclear option.’

Posted at 6:40 AM by Howard Bashman



“High Court Prepares for Case Against File Sharing; The entertainment and tech industries will face off over piracy and who is liable for it”: The Los Angeles Times contains this article today.

The San Francisco Chronicle today contains articles headlined “Music file-sharing case before high court; Ruling could have major effect on future of entertainment industry, consumer rights“; “Latest battle between Hollywood and tech industry could be most crucial one yet“; and “The sharing goes on; Industry clampdown hasn’t hurt its popularity on college campuses.”

The Washington Times reports that “Artists to tune in to court case.”

And The New York Times today contains an editorial entitled “When David Steals Goliath’s Music.”

Posted at 6:32 AM by Howard Bashman



Sunday, March 27, 2005

“A Supreme Court Showdown for File Sharing”: This article will appear in Monday’s edition of The New York Times.

Monday’s issue of The Hollywood Reporter will contain an article headlined “Justices set to hear MGM v. Grokster.”

Agence France Presse reports that “P2P case comes up this week” (found via Google News, no less!).

c|net News.Com reports that “Mark Cuban to finance Grokster defense.”

Saturday’s edition of The San Jose Mercury News reported that “Grokster case pits tech innovation vs. Hollywood’s rights.”

And in Thursday’s edition of The Fort Worth Star-Telegram, Linda Campbell had an essay entitled “Moguls vs. millions of file-swappers.”

Posted at 10:14 PM by Howard Bashman



“Signature drive for cross gets push at holiday events”: The San Diego Union-Tribune today contains an article that begins, “A push to keep the cross on Mount Soledad continued yesterday as signature collectors fanned throughout San Diego County.”

Posted at 8:45 PM by Howard Bashman



“When filibusters were real”: The Boston Herald today contains an editorial that begins, “There’s been a lot of agita about the possibility of the Senate’s majority Republicans using a ‘nuclear option’ when sessions resume this week to change the rules of the Senate to prevent filibusters of the president’s judicial nominees.” According to the U.S. Senate’s web site, the Senate won’t be back in session until Monday, April 4, 2005.

Posted at 7:30 PM by Howard Bashman



“What influence international law has in US courtrooms; High Court Monday considers conflicting rights surrounding noncitizens on death row”: Warren Richey will have this article in Monday’s edition of The Christian Science Monitor.

Posted at 5:18 PM by Howard Bashman



“Phrase causes flap at FdL High School”: Friday’s edition of The Reporter of Fond du Lac, Wisconsin contained an article that begins, “After a two-week debate over use of the phrase ‘God Bless America’ in an all-school announcement at Fond du Lac High School, junior Calvin Freiburger used the phrase again Thursday — this time with the consent of the administration.”

I first noted this matter Wednesday in a post that you can access here.

Posted at 4:33 PM by Howard Bashman



Access online the lyrics to “I’m Larry Tribe”: I previously linked to the audio (Windows Media Player required) of this song parody performed as part of the Harvard Law School Parody 2005 “Finding Nemo Contributorily Negligent,” and now you can access the lyrics at this link.

Posted at 3:20 PM by Howard Bashman



On this date in “How Appealing” history: One year ago today, I had a post titled “Democrats in the Senate Issue Threat to Block Court Nominees” linking to this New York Times article and other press coverage.

And believe it or not, it was a full two years ago today that the Senate Judiciary Committee voted by a 10-9 margin along party lines to approve the nomination of Priscilla R. Owen to the U.S. Court of Appeals for the Fifth Circuit. My report on that vote can be found here. As The Dallas Morning News reported two years ago tomorrow, “Split Senate panel backs Owen’s nomination; Texas judge gets 2nd chance after defeat by Democrats last year.” At that day’s Judiciary Committee business meeting, as noted in a text linked in my post titled “Senator Patrick J. Leahy (D-VT) has a few things he’d like to say,” Senator Leahy stated about the Owen nomination that “Never before has a President resubmitted a circuit court nominee already rejected by the Senate Judiciary Committee, for the same vacancy.”

Posted at 2:45 PM by Howard Bashman



“I’m Larry Tribe”: The audio (Windows Media Player required) from this song parody performed to the tune of “I will survive” as part of the Harvard Law School Parody 2005 (the show was titled “Finding Nemo Contributorily Negligent”) can be accessed at this link. Some of the lyrics to the song are reproduced in the April 4, 2005 print edition of The Weekly Standard. The writers of this year’s show are Jamie Auslander, Jeremy Blachman, Taylor Dasher, Andi Friedman, Rebecca Ingber, and Justin Shanes. Perhaps later today I’ll post online the complete lyrics. Or, perhaps not.

Posted at 1:22 PM by Howard Bashman