How Appealing

Wednesday, July 13, 2005

Access online the three most recent installments of my monthly appellate column published in The Legal Intelligencer: From May 2005, “Objections To Allowing Non–Precedential Decisions To Be Cited On Appeal Lack Empirical Support, Two Recent Federal Court Studies Reveal.”

From June 2005, “In The Quest For Access To Non–Precedential Decisions, Don’t Overlook The Possibility Of A Legislative Solution.”

And from July 2005, “Report Card from the U.S. Supreme Court: How the Third Circuit Fared in the October 2004 Term.”

Posted at 6:00 PM by Howard Bashman

“Senators weigh in on Supreme pick; Leaders have White House meeting with Bush and tell him what they expect in the next Supreme Court justice”: Newsday contains this article today.

Today at National Review Online, Edward Whelan has an essay entitled “Are You an Originalist? Take this simple test and find out,” while Jonah Goldberg has an essay entitled “Identity Justice: The AG is a bit too cozy with left-wing thinking.”

Online today at, Paul Rogat Loeb has an essay entitled “Courting Gonzales.”

And yesterday in The Capital Times of Madison, Wisconsin, Edward Lazarus had an op-ed entitled “Seeking O’Connor clone for next justice a mistake.”

Posted at 5:50 PM by Howard Bashman

“Rehnquist Hospitalized With Fever; Announcement revives talk of chief justice’s retirement”:’s Tony Mauro provides this report.

Posted at 4:38 PM by Howard Bashman

Forthcoming blog-related speaking appearances: On Wednesday, July 27, 2005, I’ll be in Houston, Texas to speak over lunch to the Appellate Practice Section of the Houston Bar Association. The preceding evening, you might just find me in section 119 at Minute Maid Park, where the Houston Astros will be hosting my hometown Philadelphia Phillies.

On Saturday, October 29, 2005, I’ll be participating in a panel discussion on the subject of law blogs at the 2005 Conference of the U.S. District Court for the Eastern District of California, taking place in Monterey, California.

Next, on Monday, November 7, 2005, I’m scheduled to be the guest of the University of Chicago Law School Chapter of the American Constitution Society, where I will be debating the Rumsfeld v. FAIR case against Kent Greenfield, the law professor who founded and serves as president of FAIR.

Finally, I’ve recently received an invitation to speak to the Federalist Society Chapter at Thomas M. Cooley Law School in Lansing, Michigan, and I’m in the process of trying to schedule a visit.

Sadly, still no blog-related speaking appearances to report that will require my presence in Hawaii, Alaska, Australia, or New Zealand, but hope springs eternal.

Posted at 12:14 PM by Howard Bashman

Federal Circuit affirms decision holding Microsoft Corp. liable for infringing patent belonging to AT&T in connection with copies of the Windows operating system that had been replicated abroad from a master version sent from the United States: Today’s ruling by a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit can be accessed at this link.

Circuit Judge Randall R. Rader dissented in an opinion that begins:

This court today determines that supplying a single “component” of a patented invention from the United States gives rise to endless liability in the United States under § 271(f) for products manufactured entirely abroad. To my eyes, this judgment disregards the existing international scheme of patent law with potential consequences beyond a “parade of horribles [in] the domestic software industry.” Therefore, although agreeing that software may be a component of a patented invention under § 271(f) and that electronic transmissions of software from the United States must receive the same treatment as software shipped from the United States on disks, I respectfully dissent from the proposition that foreign manufacture of a mere component of a patented product creates liability in the United States under § 271(f).

The dissenting opinion can be accessed directly at this link.

Posted at 11:40 AM by Howard Bashman

Access online the transcript of this year’s installment of the The American Constitution Society’s annual Supreme Court Review: The transcript is available online at this link (via “ACSBlog“).

Posted at 11:20 AM by Howard Bashman

“No Alberto: President Bush is leaning away from nominating Attorney General Alberto Gonzales to the Supreme Court.” Online this morning at The Weekly Standard, Fred Barnes has an essay that begins, “Though he defended Attorney General Alberto Gonzales against conservative critics, President Bush now appears highly unlikely to nominate Gonzales to replace retiring Supreme Court justice Sandra Day O’Connor. Nor is Gonzales expected to be chosen to fill a second vacancy on the high court should Chief Justice William Rehnquist or another justice steps down in the near future.”

Posted at 11:10 AM by Howard Bashman

“Playing Defense: A Coach’s Lawsuit Poses Challenge For Time Inc.; Publisher’s Sports Illustrated Relied on Unnamed Source For a Raunchy Expose; A Dancer Called ‘Destiny.'” This front page article (pass-through link) appears today in The Wall Street Journal.

Posted at 11:00 AM by Howard Bashman

“On Eminent Domain, Many Shifting Stances”: The New York Times today contains a news analysis that begins, “It should be familiar ground for Democrats, defending the little guy against big-money interests, but on the question of whether a string of modest waterfront homes in New London, Conn., should be seized by the government for private development, the Democrats dithered while the Republicans charged into battle.”

Posted at 7:38 AM by Howard Bashman

“A low-key return for Lefkow; Judge bars mention of February slayings”: The Chicago Tribune today contains an article that begins, “The only clue that U.S. District Judge Joan Lefkow was back on the bench Tuesday was the notice posted on the door to her courtroom. It expressed Lefkow’s gratitude for the outpouring of sympathy over the February murders of her husband and mother. Then it said simply: ‘In court proceedings, Judge Lefkow respectfully requests that no reference be made to the matter.'”

Posted at 7:35 AM by Howard Bashman

“White House Seeks Democrats’ Ideas on High Court Vacancy; Senators of both parties are being consulted on who should replace O’Connor; Laura Bush volunteers that it should be another woman”: Maura Reynolds has this article today in The Los Angeles Times.

Today in The Chicago Tribune, Jan Crawford Greenburg and Jill Zuckman have an article headlined “Look past courts for new justice, senators advise; No names listed in meeting with Bush.”

USA Today reports that “Bush gets court advice, some unexpected.”

The Pittsburgh Post-Gazette reports that “Bush solicits senators’ advice on Supreme Court nominee; At White House breakfast, president offers no names of possible choices.”

The Boston Globe reports that “Bush urged to look beyond career judge; Senators push for a justice with a broader view.”

The Houston Chronicle reports that “First lady wants woman appointed to high court; At least 2 Texas women are on the president’s list of possible nominees.”

The New York Daily News contains an article headlined “Laura: Name woman to high court.”

Financial Times reports that “Senators hopeful of finding consensus court candidate.”

The Washington Times reports that “Bush meets Senate leaders.”

The Rocky Mountain News contains an article headlined “Looking toward West; Support builds for Colo. nominee to fill high court vacancy.”

The Orange County Register reports that “Boxer throws the names of 2 state justices into the ring.”

The Times-Picayune reports that “High court process gets high praise; Landrieu says Bush reaches out to Demos.”

The Manchester (N.H.) Union Leader reports that “Gregg’s name surfaces for high court.”

And The Charleston Gazette reports that “Byrd, Bush discuss court; President calls senator for advice.”

In commentary, The Toledo Blade contains an editorial entitled “Health of the court.”

The Los Angeles Times contains an op-ed by Law Professor Erwin Chemerinsky entitled “Let the grilling begin” and an op-ed by Law Professor Orin S. Kerr entitled “Cheat sheet to Supreme Court speak.”

In The Dallas Morning News, Mark Davis has an op-ed entitled “No room for whim in nomination process.”

And in The Daily Texan, James Burnham has an op-ed entitled “Much ado about nothing.”

Posted at 7:33 AM by Howard Bashman

“U.S. Berated Over Indians’ Treatment; Judge Orders Interior Dept. to Send Written Warnings About Its Credibility”: This article appears today in The Washington Post.

Posted at 7:12 AM by Howard Bashman

“When Should Fourth Amendment Violations Lead to Suppression of Evidence? The Supreme Court Takes a ‘Knock and Announce’ Case.” FindLaw commentator Sherry F. Colb has this essay today.

Posted at 6:44 AM by Howard Bashman