How Appealing



Sunday, September 18, 2005

“Too Much of a Mystery”: The New York Times today contains an editorial that begins, “John Roberts failed to live up to the worst fears of his critics in his confirmation hearings last week.”

The Washington Post, meanwhile, today contains an editorial entitled “Confirm John Roberts.” Also today, columnist David S. Broder has an op-ed entitled “Roberts’s Sterling Showing,” while yesterday columnist E.J. Dionne Jr. had an op-ed entitled “The Case For a ‘No’ Vote on Roberts.”

Posted at 7:40 AM by Howard Bashman



Saturday, September 17, 2005

“Oliver Wendell Roberts: In a less nasty age, he’d be confirmed 100-0.” This editorial appears today in the inaugural Saturday edition of The Wall Street Journal.

The Oregonian today contains an editorial entitled “Cameras in the high court: If John Roberts becomes chief justice, he should lead an effort to allow television cameras in the Supreme Court.”

And today in The Los Angeles Times, Rosa Brooks has an op-ed entitled “Liberals, pick another battle.”

Posted at 10:35 PM by Howard Bashman



Now that Chief Justice William H. Rehnquist bobblehead dolls are selling for more than $1,000 each (see here and here), we await the emergence of hard-working, profit-motivated George Mason University Law School students willing to redeem certificates for Justice Antonin Scalia bobblehead dolls and ship them to far-flung Green Bag subscribers: One can only hope that enterprising law school students at George Mason will see the potential for profit in helping Green Bag subscribers from across the country redeem their certificates for Justice Scalia bobblehead dolls. Even a $50.00 service fee per doll — a price that would include packing and shipping by a safe and reliable method — would be sure to net a substantial profit to some student or group of students willing to offer this valuable service.

Posted at 7:38 PM by Howard Bashman



“Next Debate: Must Future Court Nominees Match Qualifications of Roberts?” Sunday’s edition of The New York Times will contain This article.

Posted at 7:20 PM by Howard Bashman



“The Supreme Court’s Biggest Question”: This article will appear in the Week in Review section of Sunday’s edition of The New York Times.

Posted at 3:10 PM by Howard Bashman



In news from Connecticut: The Hartford Courant today contains an article headlined “Rell Forces Withdrawal Of Eviction Notices” that begins, “Gov. M. Jodi Rell forced the New London Development Corp. on Friday to rescind eviction notices served on residents whose homes were taken by eminent domain.”

And The Day of New London contains articles headlined “NLDC Rescinds Fort Trumbull Eviction Notices; Board says it has faith in leadership of Joplin, Goebel” and “Passions Still Running Deep, Divided On Issue Of Eminent Domain; Fort Trumbull case discussed at Hartford forum.”

Posted at 3:00 PM by Howard Bashman



In news from Canada: The Toronto Star late last night posted online a news update headlined “Ruling protects free speech on Net, lawyers say” that begins, “In a decision hailed as a victory for freedom of expression, an appeal court has thrown out a lawsuit brought by a former United Nations official trying to sue the Washington Post in Ontario over stories published three years before he moved to the province – and where the newspaper had just seven subscribers.” You can access yesterday’s ruling of the Court of Appeal for Ontario at this link.

And from the “We’re not in Alabama any more” file, The Toronto Globe and Mail reports today that “Sex toys coming soon to drugstore near you.” The following appears at the end of the article, “‘Canadians are progressive, but we have our limits,’ Mr. Silverburg said. ‘I don’t know if people will want to see dildos on the shelves beside the shampoo.'”

Posted at 12:30 PM by Howard Bashman



“Conservative leaders who gave Specter a hard time change their tune after his handling of Roberts hearings”: This article appears today in The Pittsburgh Post-Gazette.

Posted at 11:42 AM by Howard Bashman



“U.S. Supreme Court Justice Souter visits his former court”: The Associated Press provides this report from Concord, New Hampshire. Today Justice David H. Souter celebrates his 66th birthday (second to last item).

Posted at 11:40 AM by Howard Bashman



“Bush to Meet With Senators Over Second Vacancy on Court”: The New York Times today contains an article that begins, “President Bush plans to meet Wednesday with Republican and Democratic Senate leaders about filling the Supreme Court vacancy created by the retirement of Justice Sandra Day O’Connor, Senate aides from both parties said.”

Posted at 8:42 AM by Howard Bashman



Friday, September 16, 2005

“Senators talk politics, while Roberts focuses on law”: Stephen Henderson of Knight Ridder Newspapers provides this report.

Posted at 9:08 PM by Howard Bashman



“Wearing the Right to Free Speech on Her Sleeve”: The Washington Post today contains an article that begins, “Mary Beth Tinker looks like an ordinary, middle-aged woman. Nothing about her subdued clothing, hairstyle or mannered demeanor suggests she’s an answer on law school exams. Except for the black armband.”

Posted at 5:11 PM by Howard Bashman



“Bloomberg opposes Roberts’ nomination”: Reuters provides a report that begins, “New York Mayor Michael Bloomberg on Friday opposed John Roberts’ nomination to be U.S. Supreme Court chief justice, making him the first noted Republican to break with the Bush administration over who should lead America’s top court.”

Posted at 4:42 PM by Howard Bashman



Three-judge Eleventh Circuit panel issues opinion on petition for rehearing in Michael B. Price v. Time, Inc.: Today’s opinion, by Circuit Judge Ed Carnes, begins:

The opinion we issued in this case requires Price, as a condition for a disclosure order, to depose four women one of whom probably is the confidential source for the article that gave rise to this lawsuit. Price v. Time, Inc., 416 F.3d 1327, 1347 (11th Cir. 2005). In imposing that requirement, we took into account this assurance given to us by counsel for the defendants: if the woman who is the confidential source testified during her deposition that she was not the source, counsel would “do his duty as an officer of the court and inform the district court that the witness’ sworn denial was false.” Id. That is the commitment counsel made to us during oral argument.

The defendants have filed a petition for rehearing requesting that we delete from our opinion any suggestion that their counsel is obligated to inform the court if the woman whose identity as the confidential source they and he have been protecting falsely denies under oath that she is the source. They take the position that a lawyer has no obligation to inform the court if a witness, other than his own client, has lied under oath. They insist that it is the perfect prerogative of an officer of the court to stand silently by as the search for truth is led astray by perjury—assuming, of course, that the perjury serves his client’s interests.

That is an interesting position.

The panel’s original opinion is here, and my coverage of it is here.

Posted at 3:10 PM by Howard Bashman



“The issue of the admissibility of evidence concerning the absence of prior accidents presents recurring difficulties in product liability cases”: A three-judge panel of the U.S. Court of Appeals for the Third Circuit today issued a decision in which it took the “opportunity to provide the district courts with guidance concerning the foundation that must be laid by a product liability defendant who seeks to introduce testimony concerning the non-occurrence of prior accidents.”

Posted at 2:24 PM by Howard Bashman



“Yahoo Flap in China May Be Harbinger”: Today in The New York Sun, Josh Gerstein has an article that begins, “The flap over Yahoo’s involvement in the jailing of a Chinese journalist is likely to be the harbinger of a coming wave of ethical quandries for American technology companies who have rushed to grab a share of China’s burgeoning market, according to China experts and human rights advocates.”

In earlier coverage, c|net News.Com reported that “Group says Yahoo helped jail Chinese journalist.”

The Times of London reported that “Yahoo! ‘helped to jail journalist’” and “Yahoo! on defensive over jailed Chinese journalist” and published an essay by Dominic Rushe entitled “Yahoo’s serious failure to stand up to Chinese censors.”

BBC News reported that “Firms face moral dilemma in China.”

Forbes.com published an essay by Greg Levine entitled “Did Semel’s Yahoo! Help Beijing Jail Reporter?

And The Sydney Morning Herald on Monday of this week reported that “Web firm admits aid to censors.”

Posted at 2:14 PM by Howard Bashman



Good morning, Ninth Circuit: As first noted here late last night, in today’s edition of The Recorder of San Francisco, attorney Cyrus Sanai has an interesting essay entitled “Taking the Kozinski Challenge” that begins, “The fiercest battle within the federal appellate courts these days is not over abortion or gay marriage, but the arcane question of whether an attorney may cite the unpublished case law of an appellate court as the binding law of the circuit.”

Posted at 11:15 AM by Howard Bashman



“Roberts Shows Some Openness; Nominee Hints at Judicial Approach, Says He Isn’t an Ideologue”: Jess Bravin and Jeanne Cummings have this article (pass-through link) today in The Wall Street Journal.

Posted at 10:33 AM by Howard Bashman