How Appealing



Monday, September 4, 2006

“Voters not sold on push to end affirmative action; 2 months before election, only 41% support proposal”: This article appears today in The Detroit Free Press.

And The Associated Press provides a report headlined “Poll: Mich. Split on Affirmative Action.”

Last Wednesday, The Free Press reported that “Judge says ban to stay on ballot; Still, there was fraud, he adds.”

Wednesday’s issue of The Detroit Free Press reported that “Race issue remains on ballot; Judge rejects lawsuit to remove affirmative action referendum; opposition plans circuit court appeal.” And on Thursday, columnist Laura Berman had an op-ed entitled “Voters must find truth in affirmative action debate.”

You can access last week’s ruling of the U.S. District Court for the Eastern District of Michigan at this link.

Finally, Thursday’s issue of The Wall Street Journal contained an op-ed by Terrence Pell entitled “By Any Means Necessary: A federal judge plays politics in Michigan” that begins, “A decision Tuesday by a federal judge in Detroit could set the stage for a sweeping expansion of the Voting Rights Act, which would turn the federal courts into a national campaign police.”

Posted at 11:33 AM by Howard Bashman



“Boom! Why Democrats should learn to stop worrying and love the ‘nuclear option.'” Evan P. Schultz has this essay (free access) in today’s issue of Legal Times.

Posted at 9:45 AM by Howard Bashman



“Christ art gone, but controversy remains; W.Va. town takes on constitutional debate”: The Pittsburgh Post-Gazette contains this article today.

Posted at 9:03 AM by Howard Bashman



“Sullivan To Testify At Hearing; Lawyer Silent On Ex-Chief Justice’s Strategy In Fighting Ethics Charges Brought By Council”: In last Thursday’s edition of The Hartford Courant, Lynne Tuohy had an article that begins, “A lawyer for former state Supreme Court Chief Justice William J. Sullivan said Sullivan will testify in his own defense at a Judicial Review Council’s disciplinary hearing next week on charges he acted unethically when he secretly withheld release of a controversial ruling to enhance Justice Peter T. Zarella’s prospects of succeeding him as chief justice.”

Posted at 8:45 AM by Howard Bashman



Sunday, September 3, 2006

“Study Finds Sharp Drop in the Number of Terrorism Cases Prosecuted”: Eric Lichtblau will have this article Monday in The New York Times.

And The Washington Post on Monday will report that “Terrorism Prosecutions Drop; Analysis Shows a Spike After 9/11, Then a Steady Decline.”

Via a post from Orin Kerr at “The Volokh Conspiracy,” I see that the study in question can be accessed here.

And in somewhat related coverage, last Monday’s edition of The Miami Herald contained an article headlined “Government’s case against terror suspect faces obstacles; The prosecution of a former ‘enemy combatant’ from Broward County is not going as smoothly as predicted.”

Posted at 11:00 PM by Howard Bashman



Game one: Philadelphia Phillies 8, Atlanta Braves 7; Game two: Atlanta Braves 3, Philadelphia Phillies 1 (11 innings). Today, my son and I saw twenty innings of baseball at Citizens Bank Park in Philadelphia. In game one, Ryan Howard hit three home runs to further extend the Phillies’ single-season record and, in the process, break the record for a Major League Baseball player in his sophomore season. Nevertheless, the Braves managed to rally for a one run lead in the top of the ninth inning, requiring the Phillies to score two in the bottom of the ninth to notch the win. You can access the box score at this link, while wraps are available here and here.

Game two, by contrast, was a low scoring affair, as both starters held the opposition to a single run. Indeed, it was not until the top of the 11th inning that the Braves were able to jump ahead to a 3-1 lead, and this time closer Bob Wickman was equal to the task, holding the Phillies scoreless in the bottom of the 11th. You can access the box score at this link, while wraps are available here and here.

Posted at 9:15 PM by Howard Bashman



“High court suspends LNP fine; When final order will be issued still unclear”: Yesterday’s edition of The Lancaster (Pa.) Intelligencer Journal contained an article that begins, “The state Supreme Court Friday temporarily suspended a judge’s $1,000-a-day fine on Lancaster Newspapers Inc. for refusing to turn over two reporters’ computers to the state attorney general.”

And The Associated Press reports that “Court Halts Fines for Newspaper for Now.”

Posted at 8:15 AM by Howard Bashman



“New Rules Sought for Nevada Judges; One proposal is aimed at distancing jurists from campaign donors; another would change how they are chosen and retain their positions”: This article appears today in The Los Angeles Times.

Posted at 8:10 AM by Howard Bashman



Saturday, September 2, 2006

“Confusion over whether arrest near in Swann St. killing; Gay couple, housemate release statement claiming innocence”: The Washington Blade yesterday posted online an article that begins, “D.C. police gave conflicting statements this week about whether they were about to make an arrest in the Aug. 2 murder of attorney Robert Wone inside the Dupont Circle home of a gay male couple.”

Posted at 11:57 PM by Howard Bashman



“Legislature Barely Passes Bill to Allow Disputed KOCE Sale; All in GOP oppose measure to allow PBS station’s foundation to buy with a lower bid than a rival’s; Courts had voided the deal”: This article appears today in The Los Angeles Times.

Posted at 11:45 PM by Howard Bashman



Philadelphia Phillies 16, Atlanta Braves 4: My son and I attended the “night” portion of today’s day-night doubleheader at Citizens Bank Park. The game started ominously for Phillies fans, as starting pitcher Scott Mathieson was injured on his sixth pitch of the game. Eude Brito came in from the bullpen and pitched four pretty good innings after giving up a home run to Chipper Jones in the top of the first inning. Soon, the offense of the Phillies took over, and Braves fans were left to think of what could have been based on how the game started. You can access the box score at this link, while wraps are available here and here. My son and I are due back at the ballpark for more tomorrow afternoon, when these same two teams will face off in a traditional doubleheader (two games for the price of a single ticket).

Posted at 11:20 PM by Howard Bashman



“Freelance journalist released from prison; He says he’ll return rather than give his tapes to prosecutor”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Freelance journalist Josh Wolf, who was released Friday after spending a month behind bars for refusing to surrender video of a turbulent political protest, said he’d rather return to prison than yield to prosecutors’ demands.”

And today in The Oakland Tribune, Josh Richman reports that “Journalist who refused to give video to grand jury free on bail; S.F. court is reviewing lower court’s finding that Bay Area man is in civil contempt of court.”

Posted at 3:20 PM by Howard Bashman



‘Comprehensive,’ yes, but ‘nonpartisan’? Back on August 19, 2006, The New York Times published a front page article headlined “Experts Fault Reasoning in Surveillance Decision” in which the third paragraph stated in pertinent part, “said Howard J. Bashman, a Pennsylvania lawyer whose Web log provides comprehensive and nonpartisan reports on legal developments.”

On Thursday, at “Brian Leiter’s Law School Reports” blog, a post appeared titled “Howard Bashman, Nonpartisan?” At the “De Novo” blog, Armen offers a response that maligns fans of the Philadelphia Phillies. Weather permitting, the next Phillies game that my son and I will attend will be tonight’s game against the Atlanta Braves.

Posted at 8:45 AM by Howard Bashman



“Grandparent visitation rights upheld; Utah court: Parents are not the only ones with rights to their children.” Last Saturday’s issue of The Salt Lake Tribune contained this article.

And The Deseret Morning News last Saturday reported that “Grandparent-visit ruling is praised.”

You can access the recent ruling of the Supreme Court of Utah at this link.

Meanwhile, in Pennsylvania, The Lock Haven Express on Thursday published this interesting letter to the editor supporting my client’s position in the Pennsylvania Supreme Court‘s recent grandparent visitation decision, which I previously linked to here (second paragraph).

Posted at 8:35 AM by Howard Bashman



“No Day at the Beach: Bloggers Struggle With What to Do About Vacation.” On Thursday, while I was on vacation, The Wall Street Journal published this article (free access).

Posted at 8:20 AM by Howard Bashman



“Opponent of cross has terminal cancer; Plaintiff will be added so lawsuit can continue”: Yesterday’s issue of The San Diego Union-Tribune contained an article that begins, “Philip Paulson, who sued the city of San Diego 17 years ago to force the removal of the Mount Soledad cross from public property, has been diagnosed with terminal liver cancer.”

Posted at 8:05 AM by Howard Bashman



“Legal landmines emerge in ‘dirty bomber’ case; The Jose Padilla trial is a test: Can US avoid legal tangles of its ‘war on terror’ tactics?” Warren Richey had this article Thursday in The Christian Science Monitor.

Posted at 8:04 AM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined “A Millionaire Club of High Court Justices.”

And the brand-new installment of my “On Appeal” column is headlined “Monument at Houston Courthouse Tests the Limits of Ten Commandments Rulings.” In that connection, The Houston Chronicle reported on Wednesday that “County attorney seeks rehearing of Bible case; A three-member 5th Circuit Court panel earlier ruled the display was unconstitutional.”

Posted at 8:00 AM by Howard Bashman