How Appealing



Friday, May 12, 2006

In today’s mail: My advance reader’s edition of “Anonymous Lawyer: A Novel.”

Thanks to everyone who submitted contest ideas for awarding another copy of the book to a “How Appealing” contest entrant. We have a winner in contest for the best contest idea, and that person has just received an email from me. Next Monday morning, I will launch the contest itself using the contest proposal that was my favorite from among those proposals that various readers of this blog submitted in response to this earlier post.

Posted at 11:45 AM by Howard Bashman



“Government Seeks Court’s Dismissal of Abduction Case”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”

NPR’s summary of the audio report states: “A federal court hears a government motion to dismiss a suit brought by a German citizen who alleges he was abducted in Europe. The man says he was handed over to U.S. agents, beaten and then transferred to a secret prison in Afghanistan. He was released without explanation five months later. The CIA says evidence in the case is protected by the state secrets privilege and can’t be brought to trial.”

Posted at 10:04 AM by Howard Bashman



“President’s aid sought in battle to save cross; Hunter wants the site declared national park”: The San Diego Union-Tribune today contains an article that begins, “In a last-gasp attempt to prevent the removal of the giant cross atop Mount Soledad, Rep. Duncan Hunter is appealing to President Bush to use his eminent-domain powers to declare the land beneath the cross a national park.” The newspaper has also posted online two related letters to President Bush, here and here.

And The Associated Press reports that “Bush Asked to Help Save San Diego Cross.”

Posted at 9:58 AM by Howard Bashman



“Diaz gets clearance to regain court seat; Tribunal orders termination of justice’s suspension”: The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, “State Supreme Court Justice Oliver Diaz Jr., who has weathered two criminal trials and more than two years of suspension, was cleared Thursday to take the bench again.”

Posted at 7:28 AM by Howard Bashman



“Condemned inmate asked staff to end his life”: From Ohio, The Associated Press provides a report that begins, “Apparently weary of painful attempts to insert an intravenous line, a condemned killer asked prison staff to finish the job. ‘Can you just give me something by mouth to end this?’ Joseph Clark asked members of the execution team May 2 as they struggled to deliver a lethal injection.”

Posted at 7:15 AM by Howard Bashman



“Democrats signal filibuster on Bush judicial nominee”: The Washington Times today contains an article that begins, “Democrats on the Senate Judiciary Committee yesterday unanimously opposed President Bush’s most recent judicial nominee, signaling they intend to try filibustering his nomination.”

Posted at 7:12 AM by Howard Bashman



“Court to Rule on Delaware Public Records Law”: The New York Times today contains an article that begins, “A panel of federal appeals court judges will rule on the constitutionality of Delaware’s Freedom of Information Act, which denies nonresidents access to public records in the state, the legal home of many major corporations.”

And The News Journal of Wilmington, Delaware reports today that “FOIA filing only puzzles U.S. judges; State law refuses queries from non-Delawareans.”

Posted at 6:54 AM by Howard Bashman



“Five justices to watch as the Roberts court evolves; New chief shows he’ll be forceful presence on bench”: Joan Biskupic has this article today in USA Today.

Posted at 6:50 AM by Howard Bashman



Thursday, May 11, 2006

“John Roberts: The Missing Years; Did the White House steal a document from the Reagan library?” Timothy Noah has this item online at Slate this evening.

Posted at 10:10 PM by Howard Bashman



Fifth Circuit holds that Uniformed Services Employment and Reemployment Rights Act, which protects the employment rights of members of the armed forces, does not preclude the enforcement of an individual contract to arbitrate such disputes: You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, written by Chief Judge Edith H. Jones, at this link.

Posted at 8:48 PM by Howard Bashman



“Ex-Justice Sidesteps Phone Data Questions”: Gina Holland of The Associated Press provides a report that begins, “Former Supreme Court Justice Sandra Day O’Connor declined to step into the uproar over secret collection of Americans’ phone records, saying a close look at the facts by courts could determine whether the government acted properly.”

Posted at 5:50 PM by Howard Bashman



“DNA Fingerprinting Criminals’ Kin Could Solve Crimes; Report Raises Complex Civil Liberties Issues”: The Washington Post provides this news update.

Posted at 4:30 PM by Howard Bashman



“The Battle Over the Soul of Law Professor Blogs”: The text of my “Upon Further Review” column published this Monday in The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, can be accessed here. Therein, I propose what is destined to become the most popular entrant in the Law Professor Blogs Network — a law professor blog devoted to the law of sex and pornography.

Posted at 3:33 PM by Howard Bashman



“Ex-Newspaper Owners Seek to Revive Suit”: The Associated Press provides a report that begins, “A lawyer for the former owners of the Salt Lake Tribune asked a federal appeals court Thursday to revive their lawsuit challenging the $355.5 million price set for them to buy the paper back.”

Posted at 2:14 PM by Howard Bashman



Who was the last federal appellate court nominee to receive a unanimous “Not Qualified” rating from the American Bar Association? Today in The Washington Post, Charles Lane reports that “The last nominee to be rejected unanimously by the ABA was Sherman Unger, who was nominated by President Ronald Reagan to the U.S. Court of Appeals for the Federal Circuit in 1982. His nomination was later withdrawn.”

Some quick research on the internet suggests that Unger died of cancer not long after being nominated to the bench (see here and here [final paragraph]), and thus it is unclear whether his nomination was withdrawn due to the unfavorable ABA rating or due to the requirement that judicial nominees must be among the living in order to be confirmed.

Posted at 12:00 PM by Howard Bashman



“Top Court Off Hook; FOI Commission Won’t Seek Review Of Controversial Ruling”: Today in The Hartford Courant, Lynne Tuohy has an article that begins, “The Freedom of Information Commission Wednesday voted 3-2 against asking the state Supreme Court to reconsider the controversial ruling that former Chief Justice William J. Sullivan secretly withheld from release to benefit his presumed successor.”

Posted at 10:38 AM by Howard Bashman



“Short Circuit — Breakdown of Trust Led Judge Luttig To Clash With Bush; After Fight in Terrorism Case, Conservative Star Gives Up Court Seat for Boeing Job; New Task: Appease McCain.” Jess Bravin and J. Lynn Lunsford have this must-read front page article (pass-through link) today in The Wall Street Journal.

That newspaper today also contains an editorial entitled “Luttig’s Legacy” (pass-through link).

Posted at 10:05 AM by Howard Bashman