How Appealing

Wednesday, May 4, 2005

“Moore Says Nichols’ Accusation Comes From Hatred”: Thursday’s edition of The Los Angeles Times will contain an article that begins, “The man accused by a conspirator in the Oklahoma City bombing of providing explosives used in the attack denied Wednesday that he had any role in the 1995 tragedy and said Terry L. Nichols’ attempt to link him to the plot fits the demeanor of someone who ‘hates everybody.'”

Posted at 10:50 PM by Howard Bashman

“Preserve Senate rules, filibuster and all”: David Durenberger and Walter F. Mondale will have this op-ed in Thursday’s edition of The Minneapolis Star Tribune.

Posted at 10:30 PM by Howard Bashman

The Associated Press is reporting: An article headlined “Court hears bid to allow Puerto Ricans to vote for president” reports on an en banc oral argument (Windows Media) that the U.S. Court of Appeals for the First Circuit heard today in Boston. Deputy Assistant Attorney
General Gregory Katsas argued the case on behalf of the United States government.

An article headlined “Vanderbilt U. Loses ‘Confederate’ Bid” reports on a ruling (majority opinion; concurring opinion) that the Court of Appeals of Tennessee issued yesterday.

And in other news, The AP reports that “Court Denies Judge Ouster in Westar Trial” and “Ariz. Inmate Convicted in Hostage Standoff.”

Posted at 8:55 PM by Howard Bashman

Roundtable discussion on appellate oral advocacy in which two judges now serving on the U.S. Court of Appeals for the Seventh Circuit participated: Earlier today, I came across this interesting roundtable discussion (part one and part two) published two years ago in the Wisconsin Law Journal.

At one point in the discussion, one of the participating attorneys states: “I heard Judge [Frank] Easterbrook one time in a panel like this … [say] that the best oral argument is really like — and this may sound funny coming from Judge Easterbrook, but it’s true — it’s like a conversation around a coffee table among friends about something interesting.”

Immediately thereafter, Seventh Circuit Judge Terence T. Evans interjects, “I’ve been to a lot of arguments with Judge Easterbrook, and I would not describe them as sitting around with a bunch of friends.”

Posted at 5:24 PM by Howard Bashman

“License plate request heads to federal court”: The Rutland (Vt.) Herald today contains an article that begins, “Attorneys for a Rutland man who wants to put a biblical message on his license plate dispute a contention that because vanity license plates are state property he shouldn’t be allowed to put his message there.”

Posted at 5:22 PM by Howard Bashman

“Daddy Dobson: Arguably America’s most powerful conservative, James Dobson throws his weight around Washington–and people listen.” Howard Fineman has this essay online today at Newsweek.

Posted at 4:32 PM by Howard Bashman

Seventh Circuit Judge Terence T. Evans on distinguishing between gardening implements and a staple of rap music vernacular: Footnote one of the Seventh Circuit‘s opinion today in USA v. Murphy states:

The trial transcript quotes Ms. Hayden as saying Murphy called her a snitch bitch “hoe.” A “hoe,” of course, is a tool used for weeding and gardening. We think the court reporter, unfamiliar with rap music (perhaps thankfully so), misunderstood Hayden’s response. We have taken the liberty of changing “hoe” to “ho,” a staple of rap music vernacular as, for example, when Ludacris raps “You doin’ ho activities with ho tendencies.”

You can access the complete opinion at this link.

Posted at 2:55 PM by Howard Bashman

“Lawyer shares lessons from Schiavo case; While others resorted to polemics, Matt Conigliaro used his Web site to examine the law”: The St. Petersburg Times on Saturday published this article about the blog “Abstract Appeal.”

Posted at 2:42 PM by Howard Bashman

Frist filibuster at Princeton University continues with no end in sight: Online today at The Nation, Asheesh Kapur Siddique — one of the organizers of the Princeton protest — has an essay entitled “Keep Talking.”

The Trenton Times today contains an article headlined “Campus filibuster: No sign of cloture.”

The blog “Princeton Progressive Review” has numerous posts from supporters of the protest.

The web site “Filibuster Frist @ Princeton University” can be accessed here.

And yesterday, MSNBC’s “Hardball with Chris Matthews” aired an interview with students for and against the protest, and that segment can be viewed online via this link (Windows Media).

Posted at 12:32 PM by Howard Bashman

In the May 2005 issue of The American Lawyer: Tony Mauro has an article headlined “Fluent in Tea Leaves: Questions during argument are good indications of how justices will rule-but some jurists are easier to read than others.”

An article is headlined “Kirkland Kicked: Morgan Stanley fires the firm from a fraud trial; But who did what?

And William H. Mellor, president and general counsel of the Institute for Justice, has an essay entitled “Second-Class Protections: When it comes to property rights and economic liberty, judicial activism and judicial abdication have made an unholy alliance.”

Posted at 12:12 PM by Howard Bashman

“These Five Senators Know Better Than to Go Nuclear. Don’t They?” Norman J. Ornstein has this essay in today’s edition of Roll Call.

And for what it’s worth, based on what I’m reading and hearing, I continue to believe that the U.S. Senate‘s Republican leadership will not obtain the votes necessary to implement the so-called “nuclear option.”

Posted at 11:54 AM by Howard Bashman

“Former judge pleads guilty”: The Kansas City Star today contains an article that begins, “Former Kansas City Municipal Judge Deborah A. Neal pleaded guilty to a federal mail fraud charge Tuesday, acknowledging that she improperly borrowed money from lawyers.”

Posted at 10:50 AM by Howard Bashman

Booker fails to benefit from Booker: The Wisconsin State Journal reports today contains an article headlined “No benefit from his landmark case” that begins:

In prison and on prisoner buses, former Beloit resident Freddie Joe Booker has met fellow inmates who have benefited from the landmark U.S. Supreme Court decision that bears his name.

That January decision made federal sentencing guidelines advisory, not mandatory, and for the first time since 1987 gave judges great sentencing discretion.

In many federal courts throughout the U.S., that has meant shorter sentences for some criminals, according to early statistics from the U.S. Sentencing Commission.

But the decision failed to change anything for Booker, 51, who was convicted of dealing crack cocaine. On Tuesday, U.S. District Judge John Shabaz, resentencing Booker at the direction of the Supreme Court, gave him the same 30- year prison sentence he handed down in December 2003 when Booker’s odyssey to the nation’s high court began.

You can access the U.S. Supreme Court‘s ruling in United States v. Booker at this link.

Posted at 10:10 AM by Howard Bashman

“House to cheerleaders: hooray, but no hip-hips; Bill that bans dirty dancing, but doesn’t define it, nears passage.” This article appears today in The Houston Chronicle.

The Austin American-Statesman reports that “House approves ban on ‘sexual’ cheerleading; Cheering, heckling punctuate debate on House floor.”

The Dallas Morning News reports that “House OKs cheerleader bill; Limits on sexually suggestive routines face uncertain future in Senate.”

The Fort Worth Star-Telegram reports that “Cleaner cheering wins out in House.”

And The San Antonio Express-News reports that “House votes to turn naughty cheerleaders into outlaws.”

Posted at 10:00 AM by Howard Bashman

“State ends battle; teen has abortion; The battle over whether a 13-year-old foster child could end her pregnancy ended Tuesday when the state decided not to continue its court challenge”: The Miami Herald contains this article today.

The Palm Beach Post reports that “Girl in state care ends pregnancy.”

The South Florida Sun-Sentinel reports that “State ends efforts to stop abortion for Palm Beach County girl, 13; Lawyers don’t say whether client, 13, had the procedure.”

The Orlando Sentinel reports that “Gov. Bush, DCF end effort to block 13-year-old’s abortion.”

And The New York Times reports that “Florida Halts Fight to Bar Girl’s Abortion.”

Posted at 7:15 AM by Howard Bashman

“Political clash looms as Rehnquist nears retirement”: This article appears today in The Arizona Republic.

The Minneapolis Star Tribune reports that “Minnesotans take stand on the judicial filibuster.”

The Rocky Mountain News reports that “Salazar says ‘lies’ in ad led to attack on Focus.”

The Daily Princetonian reports that “Protest draws national media; ‘Hardball’ comes to Princeton.”

The Harvard Crimson reports that “Princetonians Protest Frist.”

The New Republic has today posted online an editorial entitled “Religious Sanction: Bill Frist shows just how bigoted he is.”

In The Boston Globe, columnist Scot Lehigh has an op-ed entitled “Checks and balances.”

The Post-Searchlight of Bainbridge, Georgia contains an op-ed by U.S. Senator Saxby Chambliss (R-GA) entitled “Give a fair up-or-down vote.”

In The Fort Worth Star-Telegram, Don Erler has an op-ed entitled “Swimming in an older constitutional river.”

In The Washington Times, Alan Nathan has an op-ed entitled “Political power vs. popular will.”

In The Arkansas Democrat-Gazette, Gene Lyons has an op-ed entitled “Long live the king.”

And in The Daily Cardinal of the University of Wisconsin-Madison, Matthew Steingraber has an op-ed entitled “Assault on filibuster could cut into minority power in Senate.”

Posted at 6:45 AM by Howard Bashman