How Appealing

Friday, January 13, 2006

New law prof group blog: It’s called “LawCulture,” and (notably for the law prof group blogosphere) it lists more female than male contributors.

Posted at 11:30 PM by Howard Bashman

“Do Blawgs Burn as Brightly as Surveys Suggest? Blogger questions measurements of legal industry blog use, but not blawgs’ potential as tool.” Ron Friedmann has this essay online at For some reason or the other, I remain pleased by one aspect of the results of the survey that is the subject of Ron’s essay.

Posted at 10:50 PM by Howard Bashman

“Wider Fight Is Seen as Alito Victory Appears Secured”: This article will appear Saturday in The New York Times.

In Saturday’s issue of The Wall Street Journal, Jess Bravin will have an article headlined “Weighing Rulings on Religion; If Confirmed, Alito May Tip Balance To the Right in Upcoming Church-State Cases” (free access). My brand new column — titled “Who’ll Be The Supreme Court’s Next Swinger?” — reaches a similar conclusion.

Stephen Henderson and James Kuhnhenn of Knight Ridder Newspapers report that “Hearings yield little insight on how Alito would decide key issues.”

At, T.R. Goldman has an essay entitled “Alito Hearings Gave Senate Committee the Chance to Perform; Judiciary committee hearings into Supreme Court nomination made for a revealing look at key senators’ behavior.”

The Daily Princetonian contains a news update headlined “Alito will likely receive committee’s backing; CAP issue ‘a puff of smoke,’ judiciary committee chairman Specter says.”

Saturday’s edition of The Independent (UK) reports that “Alito likely to sail into role as Bush’s latest Supreme Court judge.”

At, Larry E. Ribstein looks at “Justice Alito On Business.”

At, Ron Elving has an essay entitled “Alito: Another Reality Show Winner.”

And columnist Jay Ambrose has an essay entitled “Inquisitors v. Alito” for the Scripps Howard News Service.

Posted at 10:44 PM by Howard Bashman

“Judge Wants Justices Denied; In Op-Ed, Alabama Jurist Slams ‘Activists,’ Calls for Resistance of U.S. High Court Ruling”: This article appears online today at the ABA Journal eReport. My earlier coverage can be accessed here and here.

Update: At “The Huffington Post,” Michelle Pilecki has a related post titled “Who’s an Activist Judge?

Posted at 8:00 PM by Howard Bashman

The Sacramento Bee is reporting: Claire Cooper, that newspaper’s legal affairs writer, has an article in today’s newspaper headlined “Court backs longer military stints; Sacramento Army reservist had challenged his extension.”

And an article headlined “Judge rejects death row plea; U.S. high court is asked to block execution” begins, “A Sacramento federal judge refused Thursday to block the execution of Clarence Ray Allen, rejecting the argument that putting him to death in view of his age, physical infirmities and lengthy stay on death row would amount to ‘cruel and unusual punishment’ in violation of the Eighth Amendment.”

Posted at 4:40 PM by Howard Bashman

Available online from The San Francisco Chronicle: Today’s newspaper contains an article headlined “Democrats fail to pin Alito down in final questioning; Nominee expected to be confirmed to Supreme Court.” And Bob Egelko reports that “Questions raised about having judges testify.”

Relatedly, today’s installment of Don Asmussen’s “Bad Reporter” cartoon is entitled “The Right to Cry.”

And today’s newspaper also contains an article headlined “Court rules against Yahoo; France fined firm over Nazi items posted on Web.”

Posted at 4:25 PM by Howard Bashman

“Who Was That Striking Lady in Red?” The Washington Post today contains an item that begins, “Ladies and gentleman, we present the breakout star of the Alito hearings — Rachel Brand !” You can learn more about her here. Not surprisingly, “Wonkette” provides additional coverage.

Posted at 3:30 PM by Howard Bashman

“The question presented by this appeal is whether a taxpayer can ever have standing under Article III of the Constitution to litigate an alleged violation of the First Amendment’s establishment clause unless Congress has earmarked money for the program or activity that is challenged.” So begins an opinion that Circuit Judge Richard A. Posner issued today on behalf of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. The majority opinion later explains, “The taxpayers here are complaining about the use of money appropriated by Congress under Article I, section 8, to fund conferences that various executive-branch agencies hold to promote President Bush’s ‘Faith-Based and Community Initiatives.'” Today’s decision reinstates the lawsuit, which the district court had dismissed.

Circuit Judge Kenneth F. Ripple‘s dissenting opinion begins, “Today, the panel majority holds that executive conduct alleged to have violated the Establishment Clause may be challenged by federal taxpayers so long as that conduct was financed in some manner by a congressional appropriation. Because I do not believe that the applicable Supreme Court precedent permits such a dramatic expansion of current standing doctrine, I respectfully dissent.”

Posted at 1:44 PM by Howard Bashman

“Man Faces Trial for Taking Payments To Serve as Class Action Suit Plaintiff”: Josh Gerstein has this article today in The New York Sun.

Posted at 12:44 PM by Howard Bashman

“Taking on a nation — Claiming they were sexually harassed and abused while working at a tribal casino, a group of California women are suing; There’s only one problem: As part of a sovereign Indian nation, the casino is exempt from civil U.S. law.” Peter Byrne has this essay today at

Posted at 12:22 PM by Howard Bashman

“Concerned Alumni of Reagan: Sam Alito goes from one group of grumpy old men to another.” Bruce Reed has this post as Slate’s “The Has-Been.”

Posted at 12:20 PM by Howard Bashman

“Baited Breath: Has Alito given Democrats justification for a filibuster?” Ryan Lizza will have this essay (pass-through link) in the January 23, 2006 issue of The New Republic.

Posted at 10:30 AM by Howard Bashman

“Alito’s Way: Try as they might, the Democrats cannot elicit negative comments from friendly judges or ABA representatives.” Today in The Legal Intelligencer, Shannon P. Duffy has an article (subscription required) that begins, “If the Democrats on the Senate Judiciary Committee accomplished anything in their two-and-a-half days of grilling U.S. Supreme Court nominee Samuel A. Alito Jr., their efforts seemed to be eviscerated immediately after the lunch break yesterday with the powerful and sweeping endorsements Alito received from witnesses from the American Bar Association and his own colleagues on the 3rd U.S. Circuit Court of Appeals.”

Posted at 10:28 AM by Howard Bashman

“Disguise And Resent”: CBS News legal analyst Andrew Cohen has an essay that begins, “The question-and-answer session ended as it began — with nice comments from Senate Judiciary Committee Senators to the Supreme Court nominee and his family. But the 20 hours in between were anything but nice or neat or encouraging to anyone truly interested in the sweep of the law over the grit and grime of politics.”

Posted at 10:18 AM by Howard Bashman

Day five of the confirmation hearing for U.S. Supreme Court nominee Samuel A. Alito, Jr. is scheduled to begin at 9:00 a.m. eastern time: Click here to watch in RealPlayer via C-SPAN. The committee’s live video feed is here (RealPlayer). And National Public Radio is streaming online live audio coverage at this link (RealPlayer).

The Washington Post provides live blogging here. The New York Times provides live blogging here. And “SCOTUSblog” is also live-blogging the hearing.

Posted at 8:58 AM by Howard Bashman

“Daily routine may change for Capano, or not; Even life sentence might not be safe for former prosecutor”: This article appears today in The News Journal of Wilmington, Delaware.

Posted at 8:05 AM by Howard Bashman

“Yahoo’s Nazi Suit Tossed; A U.S. court declines to intervene in a French case in which the firm was fined for displaying hateful material”: Henry Weinstein has this article today in The Los Angeles Times.

Posted at 8:00 AM by Howard Bashman