How Appealing



Monday, January 1, 2007

“The Judicial Vesting Option: Opting Out of Nomination and Advice and Consent.” Suppose new federal trial and appellate judges were selected by current federal trial and appellate judges instead of being nominated by the President and confirmed by the Senate. That’s the provocative proposal described in this article (abstract with links for download) by Law Professor Tuan Samahon (via “Legal Theory Blog“).

Posted at 10:42 PM by Howard Bashman



“Paul Clement Stays Cool in Court Hot Seat; He’s the government’s point man for defending anti-terror policies — which can lead to some uncomfortable moments”: law.com’s Tony Mauro provides this report.

Posted at 10:22 PM by Howard Bashman



“Constitutional Crisis, at Least at the Roberts Household”: Jess Bravin has this post today at WSJ.com’s “Washington Wire” blog.

Posted at 4:25 PM by Howard Bashman



“Open Secrets: Enron, intelligence, and the perils of too much information.” Malcolm Gladwell has this article in the January 8, 2007 issue of The New Yorker.

Posted at 11:00 AM by Howard Bashman



Bring out your unpublished opinions: Federal Rule of Appellate Procedure 32.1 officially starts to apply today, as the rule expressly mandates that federal appellate courts cannot prohibit citation to unpublished or non-precedential opinions issued on or after January 1, 2007.

Due to court closures in observance of the National Day of Mourning for President Ford on January 2, 2007, most federal appellate courts will not have an opportunity to issue their first unpublished or non-precedential opinions governed by FRAP 32.1 until January 3, 2007. One exception is the Tenth Circuit, which will be open for business tomorrow.

Posted at 8:45 AM by Howard Bashman



“Chief Justice Advocates Higher Pay for Judiciary”: Linda Greenhouse has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that “Roberts calls for pay raise for judges; The chief justice says federal jurists’ lagging salaries pose a threat to the court system.”

And The Associated Press reports that “Roberts Blasts Inadequate Pay for Judges.”

Via this link, you can access the 2000 through 2006 editions of the “Chief Justice’s Year-End Reports On The Federal Judiciary.”

Posted at 8:33 AM by Howard Bashman



“Chief makes judges’ pay the top issue”: Lyle Denniston has this post online at “SCOTUSblog.”

You can access Chief Justice John G. Roberts, Jr.’s “2006 Year-End Report on the Federal Judiciary” by clicking here.

Posted at 12:05 AM by Howard Bashman