How Appealing

Tuesday, September 20, 2005

“Law School To Allow Military Recruiters On Campus; HLS decision comes after Pentagon threatened to withhold federal grants”: The Harvard Crimson provides this news update.

Posted at 9:55 PM by Howard Bashman

Kelo testifies about Kelo: Today the Senate Judiciary Committee held a hearing titled “The Kelo Decision: Investigating Takings of Homes and other Private Property.” You can access via this link the prepared testimony of the witnesses who appeared, including the testimony of Susette Kelo, the lead petitioner in Kelo v. City of New London.

Over at “Balkinization,” Marty Lederman has a post titled “The Myths of Kelo” focusing on today’s prepared testimony from Law Professor Thomas W. Merrill.

Posted at 9:10 PM by Howard Bashman

“Judicial Conference Supports Citing Unpublished Opinions; Policy-making arm of federal judiciary takes no position on splitting of 9th Circuit”:’s Tony Mauro provides this news update.

Posted at 7:54 PM by Howard Bashman

“Roberts Fails to Meet the Test: People For the American Way Post-Hearing Report.” The organization People For the American Way issued this press release today, and the new report — the organization’s “final report on Chief Justice nominee John Roberts” — can be accessed here.

Posted at 5:02 PM by Howard Bashman

“Conference Memorializes Late Chief Justice; Acts on Administrative, Legislative Matters”: The Administrative Office of the U.S. Courts has today issued a news release that states, among other things, that today the Judicial Conference of the United States:

Approved new Rule 32.1 of the Federal Rules of Appellate Procedure, which concerns the citation of unpublished opinions. The proposed rule, which still must be approved by the Supreme Court and transmitted to Congress, was first published for comment in August 2003. Since then, studies have been conducted, a public hearing convened, and more than 500 comments submitted. The present practice governing citation of unpublished opinions varies among the circuits, with some permitting citation, others disfavoring citation but permitting it in certain circumstances, and others prohibiting citation. Proposed Rule 32.1 permits the citation in briefs of opinions, orders, or other judicial dispositions that have been designated “not for publication,” “non-precedential,” or the like. The rule applies only to decisions issued on or after January 1, 2007.

This is excellent news, and I congratulate all who have worked tirelessly over the past many years to bring this result to fruition.

Posted at 4:55 PM by Howard Bashman

When free hit counters attack: Yesterday, I noticed that my first visit of the day to “How Appealing” was accompanied by an annoying “pop-up” ad for online poker. This afternoon’s pop-up ad was for some type of dating service. Apparently the free Nedstat basic hit counter that this blog was using to count visitors was serving up these ads. In any event, I have removed the hit counter from my site and its Movable Type archives, so those of you who visit in search of online poker and dating services will once again be forced to look elsewhere (or you can visit my pre-March 2005 archive pages). I offer my apologies to all who had to endure the annoyance of these pop-up ads over the last day or so.

Posted at 3:14 PM by Howard Bashman

“From Hegel to Wilson to Breyer: Liberal constitutional theory returns to its foreign roots.” Online at The Weekly Standard, Paul Mirengoff and Scott Johnson have this essay today.

Posted at 12:22 PM by Howard Bashman

Upcoming speaking engagements: This Friday, I’ll be at The Thomas M. Cooley Law School in Lansing, Michigan to give a noontime speech to that law school’s Federalist Society chapter.

On Saturday, October 29, 2005, another well-known law blogger and I will be participating in a panel presentation at the U.S. District Court for the Eastern District of California‘s 2005 Conference in Monterey, California.

And on Monday, November 7, 2005, I’ll be in Chicago, Illinois at the invitation of the University of Chicago Law School‘s American Constitution Society chapter to debate the Solomon Amendment case with the founder and president of Forum for Academic and Institutional Rights.

Posted at 10:28 AM by Howard Bashman

“DoD withholds funds from three law schools”: The Yale Daily News today contains an article that begins, “The Pentagon has targeted three small law schools it says are violating a law requiring campus access for military recruiters and has classified them as ineligible for federal funding, even as it has declined to pursue the high-profile law schools where the debate over the constitutionality of banning such recruiters has been centered.”

Posted at 10:15 AM by Howard Bashman

“Cameras Headed To Court? Bill Would Put Supremes on Air.” Roll Call today contains this article (subscription required) about a bill under consideration in the U.S. Congress.

Posted at 9:48 AM by Howard Bashman

“England faces court-martial again in Abu Ghraib scandal; After a mistrial and delays, she is not expected to plead guilty as trial starts today”: The Houston Chronicle contains this article today.

Posted at 9:44 AM by Howard Bashman

“White House Is Said to Shift Names on List for 2nd Seat”: This article appears today in The New York Times.

Tom Curry, national affairs writer for MSNBC, has a report headlined “Which Democrats will vote ‘yes’ on Roberts? Keeping an eye on Clinton, Bayh, and other presidential contenders.”

The Pittsburgh Post-Gazette reports that “Specter says he’ll back Roberts; calls him ‘fair, non-ideological.’

The Philadelphia Inquirer reports that “Specter says he’ll vote in favor of the ‘well-qualified’ Roberts; He said the nominee didn’t answer all of his questions, but tackled more than he had to.”

The San Francisco Chronicle reports that “Pro-choice Republican senator says he’ll vote for Roberts; Specter cites judge’s remarks on right to privacy.”

The New York Sun reports that “With Nod From Specter, Roberts Gets a Big Advance.”

The Washington Times reports that “Specter will back Roberts for court.”

And The Richmond Times-Dispatch reports that “Roberts impressed Virginia lawyers.”

In commentary, The Los Angeles Times contains an editorial entitled “Confirm Roberts.”

The Louisville Courier-Journal also contains an editorial entitled “Confirm Roberts,” as does The Winston-Salem Journal.

The San Antonio Express-News contains an editorial entitled “Roberts deserves OK to be the chief justice.”

The Amarillo Globe-News contains an editorial entitled “Passing judgment on Judge Roberts; Nominee deserves confirmation.”

The Kennebec (Me.) Journal contains an editorial entitled “Confirm John Roberts as chief justice.”

The Tucson Citizen contains an editorial entitled “Roberts shows he is qualified for high court.”

And The Berkshire Eagle contains an editorial entitled “Roberts earns confirmation.”

Posted at 6:44 AM by Howard Bashman