How Appealing



Tuesday, September 5, 2006

Judge Wu nominated to fill vacancy to be created by the impending retirement of Judge Lew: The White House today officially renominated its returned federal appellate court nominees and made a bunch of new U.S. District Court nominations, including one that rhymes.

Since this blog’s founding in May 2002, I’ve yet to attempt to determine which if any Article III judges have a last name that rhymes with the last name of the judge who created the vacancy being filled. Moreover, if a judge with the last name Anewseet were appointed to fill a new seat, that too would count.

Posted at 9:55 PM by Howard Bashman



“Frank Easterbrook: A Portrait of the Next Chief.” Stephen M. Shapiro, Andrew L. Frey, and Kenneth S. Geller have this interesting article in the current issue of The Circuit Rider, a publication of the Seventh Circuit Bar Association (via “DePaul ACS Blog“).

Posted at 9:40 PM by Howard Bashman



“Goldman seeks control of O.J. Simpson’s right to publicity”: CNN.com provides a report that begins, “In what may be an unprecedented legal move, Fred Goldman is asking to have control over O.J. Simpson’s publicity rights to his own likeness, name and persona to satisfy a multimillion-dollar wrongful death judgment.”

Posted at 8:40 PM by Howard Bashman



“Kennedy has surgery”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “Supreme Court Justice Anthony M. Kennedy has had surgery in Washington to replace a stent — a device used to keep open a vein that had previously been blocked.”

Posted at 5:55 PM by Howard Bashman



“DOJ Losing Ground In Wiretap Fight; Four Federal Cases Challenge Warrantless Surveillance Program”: This article (free access) appears in this week’s issue of Legal Times.

Posted at 11:35 AM by Howard Bashman



What do you call a handwritten typo? While I was on vacation last week, a reader emailed to draw my attention to the fact that Seventh Circuit Judge Richard A. Posner‘s official financial disclosure form for 2006, on which Judge Posner appears to have handwritten his answers, states that he serves on the U.S. Court of Appeals for the Second Circuit. All those other circuits that failed to claim Judge Posner off the waiver-wire are probably kicking themselves right about now. Word is that the Seventh Circuit will receive a circuit judge to be named later and cash considerations in the deal.

In addition to secretly switching circuits, Judge Posner also recently appeared on “The Glenn & Helen Show” (providing links for audio download).

Posted at 10:44 AM by Howard Bashman



“The central issue in this case is whether the Fourth Amendment is implicated when a police officer investigates an automobile license plate number using a law enforcement computer database.” The majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today answers “no” in a decision that you can access here.

Posted at 10:25 AM by Howard Bashman



“Wow, David Lat — the erstwhile Article III Groupie, who’s now blogging at Above the Law — is getting doubly slammed over there at Feminist Law Professors.” So begins a post this morning from Ann Althouse.

Posted at 8:23 AM by Howard Bashman



Available for viewing online from C-SPAN‘s “America & the Courts“: This past Saturday’s broadcast is titled “First Year of the Roberts Court.” Panelists included “Los Angeles Times Supreme Court Correspondent David Savage, Yale University Law Professor Akhil Reed Amar, and Duke University Law Professor Erwin Chemerinsky.” You can view the video online, on-demand, by clicking here. My earlier coverage of this event can be accessed at this link.

And two Saturdays ago, the broadcast was titled “Supreme Court Term Review.” Panelists included “Deputy Solicitor General Gregory Garre [and] Attorney Tom Goldstein.” You can view the video by clicking here. My earlier coverage of this event appears at this link.

RealPlayer is required to launch these video segments.

Posted at 8:14 AM by Howard Bashman



“Monument at Houston Courthouse Tests the Limits of Ten Commandments Rulings”: The new installment of my “On Appeal” column for law.com is at this link.

Posted at 7:30 AM by Howard Bashman



“This Mommy Track May Go Somewhere; Some companies offer a chance to advance on a schedule that allows more time at home”: The Los Angeles Times today contains an article that begins, “Attorney Becky Belke works at a Los Angeles law firm where colleagues regularly toil nights and weekends.”

Posted at 7:15 AM by Howard Bashman



Young law professor to be confirmed as federal appellate judge this afternoon: At 4:30 p.m. today, the U.S. Senate is scheduled to hold an up-or-down vote on the nomination of Kimberly Ann Moore to be United States Circuit Judge for the Federal Circuit.

Professor Moore — whose rapid confirmation has not been hindered by the fact that the web page containing her resume at the U.S. Department of Justice’s site says on the upper-left-hand corner of the page “Estrada resume” — will not reach 40 years of age until 2008, and thus today she will become the youngest federal appellate judge currently serving on the bench.

Posted at 7:10 AM by Howard Bashman



“Former U.S. Justice O’Connor says courts have more terror-related decisions ahead”: The Associated Press provides this report from Liechtenstein.

Posted at 6:35 AM by Howard Bashman



“The Further Dangers of Secrecy: A Federal District Court Interprets the Foreign Intelligence Surveillance Act to Allow Spying on Those Who Are Neither Spies Nor Terrorists.” Jennifer Van Bergen has this essay online today at FindLaw.

Posted at 6:25 AM by Howard Bashman