How Appealing

Saturday, April 28, 2007

“82 Inmates Cleared but Still Held at Guantanamo; U.S. Cites Difficulty Deporting Detainees”: This article will appear Sunday in The Washington Post.

Posted at 11:50 PM by Howard Bashman

Ninth Circuit Judge Alex Kozinski talks about blogs: By popular demand, the audio is back online at this link. Simply click “listen” to, um, listen.

The portion of the audio quoted in my post titled “Don’t hate the player” begins moments after the 14-minute mark of the recording. And the transcript remains available here via Google cache.

My other earlier, related posts can be accessed here, here, here, and here.

For those planning to attend the law blogging panel at the Seventh Circuit‘s Judicial Conference in Milwaukee on Monday, May 7, 2007, I’m told that Judge Kozinski’s comments about blogs may be among the subjects on the agenda for discussion.

Posted at 11:48 PM by Howard Bashman

“Meeting Jan Crawford Greenburg”: At “Patterico’s Pontifications,” Patterico has a post in which he writes that “Ms. Greenburg is not only a fascinating person, but also someone who is completely down to earth. She is smart, funny, humble, and doesn’t take herself too seriously.” Indeed.

Posted at 9:08 PM by Howard Bashman

“Even the most poor can help shape Supreme Court decisions”: Michael Doyle of McClatchy Newspapers has an article that begins, “Bruce Brendlin has a rap sheet, a drug history and a reasonably good shot at shaping the Constitution.”

Posted at 8:40 PM by Howard Bashman

“Echoes from the Gonzales v. Carhart decision: Not simple or neat.” Columnist Linda P. Campbell had this op-ed Thursday in The Fort Worth Star-Telegram.

Posted at 8:27 PM by Howard Bashman

“Still separate after all these years: Five decades after the Supreme Court struck down school segregation, black and white children continue to learn in different worlds; And it could get worse.” This article appears in the current issue of The Economist.

Posted at 8:23 PM by Howard Bashman

“Moral Plots and Subplots in the Latest Ruling on Abortion”: Peter Steinfels has this “Beliefs” essay today in The New York Times.

And in the May 14, 2007 issue of The Nation, Katha Pollitt will have an essay entitled “Regrets Only” that begins, “So now you know. It really does matter who’s President and which party controls Congress. A Democratic-controlled Congress would never have passed the Partial-Birth Abortion Act, which banned intact dilation and extraction abortions and, in flagrant violation of Roe v. Wade, lacked an exception to preserve the health of the woman.”

Posted at 8:11 PM by Howard Bashman

“Meese on short list for federal judgeship; Law professor would have to leave College to become a federal judge”: The Flat Hat of the College of William and Mary on Friday contained an article that begins, “Alan J. Meese, Ball Professor at the Marshall-Wythe School of Law and co-chair of the William and Mary Committee on Religion at a Public University, has been recommended for a federal court judgeship by three of the state’s bar associations.”

Posted at 8:03 PM by Howard Bashman

“Memo describes installing unconfirmed prosecutors; Justice official asked how to bypass Senate”: Charlie Savage has this article today in The Boston Globe.

Posted at 2:30 PM by Howard Bashman

“A Glacial Pace on Warming”: The New York Times today contains an editorial that begins, “Weeks after the Supreme Court’s momentous ruling that the federal government could and probably should regulate greenhouse gases, pressure for decisive action continues to build.”

Posted at 12:38 PM by Howard Bashman

“Appeal Is Delayed Because Transcripts Might Contain Secrets”: The Washington Post today contains an article that begins, “A former National Security Agency employee who was convicted in federal court in Greenbelt of unlawfully possessing classified documents has been unable to file an appeal because federal prosecutors won’t allow him or his attorney unconditional access to court transcripts, according to court papers. The reason, according to court filings, federal prosecutors and a legal expert: Some of the material contained in the transcripts could be classified.”

Posted at 12:03 PM by Howard Bashman

“Pain Doctor Is Guilty of Drug Trafficking; In Retrial, Physician Convicted Again of Prescribing Large Quantities of Narcotics”: Today’s edition of The Washington Post contains an article that begins, “A prominent pain doctor was convicted yesterday for the second time of trafficking in narcotics, handing prosecutors another victory in a nationwide debate over the prescribing of dangerous narcotics to patients who may abuse or sell the medication. Federal jurors in Alexandria found William E. Hurwitz guilty of 16 counts of drug trafficking, determining that he prescribed massive quantities of medicine to patients in chronic pain. The 12-member jury acquitted Hurwitz on 17 other trafficking counts, but Hurwitz faces up to 20 years in prison for each count on which he was convicted.”

Posted at 12:00 PM by Howard Bashman

“Prosecutors Drop Gun Case Against Webb Aide”: The Washington Post today contains an article that begins, “Prosecutors yesterday dismissed the case against a top aide to Sen. James Webb who was accused of bringing a loaded pistol into the Russell Senate Office Building.”

Posted at 11:57 AM by Howard Bashman

“Japan Court Rules Against Sex Slaves and Laborers”: The New York Times today contains an article that begins, “In two landmark rulings, Japan’s highest court on Friday rejected compensation claims filed by former wartime sex slaves and forced laborers from China but acknowledged that they had been coerced by the Japanese military or industry.”

Posted at 11:45 AM by Howard Bashman

“Duke lacrosse case was riddled with holes, report says; The prosecutor did not challenge the accuser about her changing versions of what happened at a team party, North Carolina’s attorney general reports”: This article appears today in The Los Angeles Times.

The News & Observer of Raleigh, North Carolina today contains articles headlined “Report depicts dazed accuser; Mangum was not credible, AG found“; “Team party turned sour early“; and “The lineups that weren’t?; City leader says photo arrays didn’t qualify; report coming.”

The Herald-Sun of Durham, North Carolina reports that “Attorney general explains dismissal.”

The New York Times reports that “‘Credibility Issues’ Undid Duke Case, Report Says.”

The Washington Times reports that “Report calls Duke rape charges unsupported.”

And The Associated Press reports that “Duke Lacrosse Case Report Released.”

You can access the North Carolina Attorney General’s Summary of Conclusions report at this link.

Posted at 10:44 AM by Howard Bashman

“Political Appointees No Longer to Pick Justice Interns”: The Washington Post today contains an article that begins, “The Justice Department is removing political appointees from the hiring process for rookie lawyers and summer interns, amid allegations that the Bush administration had rigged the programs in favor of candidates with connections to conservative or Republican groups, according to documents and officials.”

Posted at 10:33 AM by Howard Bashman

Available online from In news from New York, “Panel Defines ‘Depicts,’ Reinstates Ex-Lawyer’s Conviction for Sending Indecent Text Messages.” My earlier coverage appears at this link.

An article reports that “11th Circuit Weighs School District’s Liability for Professional Reference; Federal appeals court examines whether school can be sued for not warning another school about teacher’s alleged behavior.”

In other news, “N.J. Court Says Sports Arenas’ Duty of Care May Be Higher During Warm-Ups.”

Jason McLure reports that “Gonzales Stays but Faces More Questions.”

And the new installment of my weekly “On Appeal” column is headlined “Free Speech and Defamation: When Prior Restraint Is the Right Decision.”

Posted at 10:22 AM by Howard Bashman

Welcome to day two of “Ninth Circuit Judge Alex Kozinski’s take-down of blogs is itself taken down”: Yesterday, we saw the audio and transcript of the remarks giving rise to this kerfuffle disappear right before our eyes, as I detailed yesterday in this post. Overnight, a reader emailed to note that the transcript of Judge Kozinski’s remarks remained online at this link via Google cache. That transcript is not a 100% accurate transcription of the audio file, but it’s better than nothing. And I’ve saved the transcript myself so that I can post it online when the Google cache disappears. [Update: Transcripts of the remaining three parts of Judge Kozinski’s talk are also available via Google cache: here; here; and here.]

I also have the 32.1 MB mp3 audio podcast file saved, and I’d like to hear from my readers regarding where’s the best place for me to upload the audio for free to allow my readership to access it without any bandwidth restrictions on the downloading side.

Yesterday, I sent the following email to Law Professor Eric Goldman, who was responsible for having the audio and transcript of Judge Kozinski’s October 2006 talk to Professor Goldman’s cyberlaw class posted online at the web site of the High Tech Law Institute at Santa Clara Law School:

Dear Eric,

Why have the audio and transcript links featured in this blog post of yours


been taken down, either by you or your law school?

I have the mp3 audio file of the first audio segment of the podcast in which I am mentioned, and I am planning to host it online myself unless I hear some persuasive objection to the contrary.

Best regards,


I sent my email to Professor Goldman at the contact address he features at his blog [[email protected]], but thus far he has not written back, although Professor Goldman has made new, unrelated posts to his blogs in the interim.

Sooner or later, I’m sure we will get to the bottom of why Professor Goldman and/or the High Tech Law Institute at Santa Clara Law School have taken down the audio and transcript of Judge Kozinski’s remarks, but the audio and transcript themselves will undoubtedly remain available through alternate sources such as this blog.

Posted at 10:08 AM by Howard Bashman