How Appealing

Friday, March 23, 2007

Available online from An article reports that “DOJ’s Document Dump Highlights Administration Conflicts.”

In other news, an article is headlined “Frivolous Litigation: How Coke ‘Punk’d’ Its Lawyers; Viral marketing campaign dupes in-house team into bizarre dialogue on Coke Classic suing Coke Zero for ‘taste infringement.’

And the brand new installment of my weekly “On Appeal” column is headlined “In This Round of Posner vs. Easterbrook, Posner Emerges Triumphant.”

Posted at 10:55 PM by Howard Bashman

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained an audio segment entitled “Large Public Defense Case Strains Ga. System.”

And today’s broadcast of “Morning Edition” contained audio segments entitled “Gonzales Seeks Damage Repair with Prosecutors” and “White House, Prosecutors Have Clashed in Past” (featuring Nina Totenberg).

RealPlayer is required to launch these audio segments.

Posted at 9:10 PM by Howard Bashman

“Ex-Gonzales Aide to Testify at Inquiry”: The Associated Press provides a report that begins, “The former top aide to Attorney General Alberto Gonzales agreed Friday to testify at a Senate inquiry next week into the firings of eight U.S. attorneys last year. Kyle Sampson, who resigned two weeks ago amid the furor over the dismissals, will appear next Thursday at a hearing of the Senate Judiciary Committee, his attorney said.” According to, this testimony will be provided under oath.

And in related coverage today from The AP, “Flap May Threaten Justice Official’s Job” and “Justice E-Mails on Lam Show Frustrations.”

Posted at 4:57 PM by Howard Bashman

Now that Justice Anthony M. Kennedy is recused, Chief Justice John G. Roberts, Jr. is no longer recused: Because they hear and decide cases together all the time, these two events are presumably unrelated. Tony Mauro provides more details in a post titled “Just in: More musical chairs” at “The BLT: The Blog of Legal Times.”

Posted at 4:55 PM by Howard Bashman

For those who can’t “Wait, Wait,” Jess Bravin will tell you: Justice Stephen G. Breyer will appear on this upcoming weekend’s broadcast of NPR’s “Wait, Wait … Don’t Tell Me!” For those who can’t wait and demand to be told — in direct contravention of both halves of the program’s title — Jess Bravin provides all the details of Justice Breyer’s performance in this post at’s “Washington Wire” blog.

Posted at 4:50 PM by Howard Bashman

“Padilla Judge: Brig Time Doesn’t Count.” The Associated Press provides a report that begins, “A federal judge refused to dismiss the terrorism support charges against alleged al-Qaida operative Jose Padilla on Friday, rejecting defense claims that his 3 1/2 years in custody as an enemy combatant violated his constitutional right to a speedy trial.”

Posted at 3:05 PM by Howard Bashman

“Greenburg Uncovers Inner Workings of Supreme Court”: The day before meeting my wife, son, and me for a quite tasty lunch in Philadelphia last Saturday, ABC News correspondent Jan Crawford Greenburg delivered the the ninth annual Henry J. Abraham Distinguished Lectureship at the University of Virginia School of Law.

The law school has issued a news release titled “Greenburg Uncovers Inner Workings of Supreme Court.” The news release links to “flash video” allowing you to watch and listen to Jan’s remarks. You can also access the audio only via Windows Media Player or mp3 podcast.

Even more recently, Jan recorded a podcast interview for GOPUSA-NJ &’s “Conservatives with Attitude!” show. You can download the podcast via this link (mp3 file; via “Confirm Them“).

Posted at 3:00 PM by Howard Bashman

Ninth Circuit awards new trial in favor of disabled rights advocate whose claim against a restaurant for failing to accommodate the disabled, in violation of the Americans with Disabilities Act, a jury had rejected: A plaintiff seeking a new trial based on weight of the evidence after a jury has returned a defense verdict typically faces quite the uphill battle. But today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a federal district court’s refusal to grant a new trial in favor of a paraplegic who has brought hundreds of lawsuits concerning inaccessible public accommodations throughout California. The appellate court ruled that there was no view of the evidence that would support the jury’s rejection of the plaintiff’s ADA claim, and that the trial court’s basis for refusing to grant a new trial constituted an abuse of discretion. You can access today’s ruling — which even cites a few law review articles — at this link.

Posted at 2:35 PM by Howard Bashman

“A Sixth Sense About Criminal Trials: A young litigator unites Justice Scalia and the court’s liberals over defendants’ rights.” This profile of Stanford University Law Professor Jeffrey L. Fisher appears online at the ABA Journal’s eReport.

Posted at 1:15 PM by Howard Bashman

“Prosecution of Nichols also costly; Fulton’s tab may be twice that of defense”: The Atlanta Journal-Constitution today contains an article that begins, “Sparks fly over the multimillion-dollar defense of Brian Nichols, but few people complain about the cost of prosecuting the accused courthouse killer. In fact, no one even knows the bottom line.” The newspaper also provides this related graphic.

Posted at 8:14 AM by Howard Bashman

“Wasserstein Family Gives $25 Million to Harvard Law School for Academic Center”: Harvard Law School has issued a news release that begins, “The Wasserstein family has made a $25 million gift to Harvard Law School to support construction of Wasserstein Hall, the new academic center of the Harvard Law School campus, Dean Elena Kagan announced today. The gift is the second biggest in the Law School’s history.”

And The Harvard Crimson reports today that “Alum Gives $25M To Build Law Center; Wasserstein family gift is second largest in school history.”

Posted at 8:05 AM by Howard Bashman

“E-Mails Show Machinations to Replace Prosecutor; Administration Worked for Months to Make Rove Aide U.S. Attorney in Arkansas”: The Washington Post today contains this front page article, along with an article headlined “Senate Panel Approves Subpoenas for 3 Top Bush Aides.” In addition, Beth Nolan has an op-ed entitled “Executive Overreach: The White House Is Taking Privilege Too Far.” And columnist Charles Krauthammer has an op-ed entitled “Unnecessary Scandal.”

Today in The Los Angeles Times, David G. Savage has an article headlined “A history of replacing U.S. attorneys; The GOP says Clinton first politicized the Justice Department. But numbers show an older pattern.” An article reports that “Congress pauses on the subpoena front; Lawmakers say they want to allow time for negotiations with the White House about the firing of U.S. attorneys.” And James C. Moore has an op-ed entitled “Don’t expect the truth from Karl Rove; Bush’s top political aide has built his career on diverting and deceiving; he’d do the same under oath.”

USA Today reports that “Controversy takes toll on Gonzales’ image; Criticisms of performance grow in light of firings.” The newspaper also contains an editorial entitled “Bush, Democrats posture on firings; now, let’s make a deal. It’s time to gather facts on U.S. attorneys, not provoke court battle.” And U.S. Representative Lamar Smith (R-TX) has an op-ed entitled “Presidents need honest advice; Democrats’ subpoenas reflect a partisan fishing expedition.”

The Washington Times reports that “Senate Democrats OK White House subpoenas.”

The Chicago Tribune reports that “Fitzgerald faces friendly jeers on ‘mediocre’ rating.”

And The New York Sun contains an article headlined “Giuliani: Gonzales Should Get Benefit of Doubt.” The newspaper also contains an editorial entitled “Gonzales and Tobacco.”

Posted at 8:00 AM by Howard Bashman

“Mississippi Passes What-If Abortion Bill”: The Associated Press provides a report that begins, “The governor signed a bill Thursday that would criminalize abortion in the event that the U.S. Supreme Court overturns the 1973 decision that legalized the procedure.”

Posted at 7:42 AM by Howard Bashman

“New Developments in the U.S. Attorney Controversy: Why Bush Refuses to Allow Karl Rove and Harriet Miers to Testify Before Congress, and What Role New White House Counsel Fred Fielding May Play.” John W. Dean has this essay online today at FindLaw.

Posted at 6:45 AM by Howard Bashman