How Appealing



Sunday, May 13, 2007

Chicago Cubs 4, Philadelphia Phillies 1: A strong outing from Cubs pitcher Ted Lilly thwarted the Phillies’ hope for a three-game sweep against their National League rival from Chicago. Lilly only gave up one run over eight innings, and his slow curve managed to buckle the knees of more than one opposing batter.

Phillies pitcher John Lieber was almost Lilly’s equal, likewise giving up only one earned run over eight strong innings. Unfortunately, the unearned run that scored while Lieber was on the mound caused him to take the loss.

Next up for the Phillies is a four-game series against the central division-leading Milwaukee Brewers, who lost two out of three games in a weekend series against the New York Mets. I’m scheduled to attend this Thursday afternoon’s business person’s special.

Today’s Phillies box score can be accessed at this link, while wraps are available here and here.

Posted at 11:02 PM by Howard Bashman



“Voter-Fraud Complaints by GOP Drove Dismissals”: The Washington Post on Monday will contain an article that begins, “Nearly half the U.S. attorneys slated for removal by the administration last year were targets of Republican complaints that they were lax on voter fraud, including efforts by presidential adviser Karl Rove to encourage more prosecutions of election- law violations, according to new documents and interviews.”

Posted at 10:54 PM by Howard Bashman



“Openings Set in Padilla Terror Trial”: The Associated Press provides this report.

Monday in The Christian Science Monitor, Warren Richey will have articles headlined “A first look at US case against Padilla; The trial begins Monday in US court for the American — and alleged terror conspirator — held for five years” and “Reporters face unusual limits at Padilla terror trial; Security officers might prevent reporters from asking questions of defense lawyers or federal prosecutors under certain circumstances.”

And CBS News legal analyst Andrew Cohen has an essay entitled “Padilla Trial Won’t Be Worth The Wait; Don’t Expect Much New Information From Terror Trial.”

Posted at 8:53 PM by Howard Bashman



“A 42-year rush to justice: The indictment of an Alabama trooper for the 1965 fatal shooting of a black man may be more a case of current-day politics than upholding legal standards.” David J. Garrow has this op-ed today in The Los Angeles Times.

Posted at 9:33 AM by Howard Bashman



Saturday, May 12, 2007

“Couples Enter New Terrain in Push for Gay Marriage in Connecticut”: The New York Times on Sunday will contain an article that begins, “When the Connecticut legislature approved civil unions three years ago, gay rights advocates viewed it as only a half-victory, a kind of pit stop in their quest for same-sex marriage. On Monday, lawyers representing eight same-sex couples will take up the second half of the fight in oral arguments before the Connecticut Supreme Court, where they will tell the judges that civil unions essentially create a ‘separate and unequal’ status for gay men and lesbians.”

Posted at 10:30 PM by Howard Bashman



“A police review describes flaws in Duke rape case; Durham’s city manager regrets that three exonerated lacrosse players had to travel a ‘tortured path to justice'”: This article appears today in The Los Angeles Times.

The News & Observer of Raleigh, North Carolina today contains an article headlined “Chief’s take on Duke case tanks; Durham Mayor Bill Bell and council members called the police department’s self-review lacking; They want another opinion.”

And The Durham Herald-Sun contains articles headlined “Mayor seeks probe of Duke investigation” and “Student official: University must review policy.”

You can also access online the Durham Police report on the Duke lacrosse case and the Durham Police Department’s eyewitness identification procedures.

Posted at 2:38 PM by Howard Bashman



“Biskupic is antithesis of a politician”: Today in The Milwaukee Journal Sentinel, columnist Mike Nichols has an op-ed that begins, “You know that kind of nerdy, strait-laced guy in your office, the one with plenty of experience and smarts who, everyone knows, will never, ever be smooth and political enough to get the chance to run the place? That’s Steve Biskupic. Only the thing is, when the U.S. attorney’s job opened up last time, everyone was wrong.”

Posted at 2:30 PM by Howard Bashman



“Trial set for Google ad trademark case”: Reuters provides this report.

And earlier this month, The Chicago Tribune published an article headlined “Trademark battlefield: Some companies filing lawsuits against search engines argue ad sales generated from registered names are infringing on trademark rights.”

Also available online is a press release issued yesterday titled “Google to Face First Jury Trial Over its ‘Adwords’ Keywords Search Program; Critical Trademark Case to Be Heard in November.”

Posted at 2:15 PM by Howard Bashman



“Ex-U.S. Attorney Questions Own Firing”: The Associated Press provides a report that begins, “A former West Virginia federal prosecutor said Friday the White House fired him in 2005 in the middle of a corruption and vote-buying investigation but never told him why.”

Posted at 2:00 PM by Howard Bashman



“Decision on District’s gun laws just for city”: The Washington Times today contains an article that begins, “Legal analysts and advocates from both sides of the gun debate say the court’s decision to overturn the District’s handgun ban will have little impact nationwide, regardless of the outcome of a possible Supreme Court battle. While other cities such as New York and Chicago have stringent gun-control measures, only Washington and San Francisco have passed laws completely banning gun ownership and sales.”

Posted at 1:48 PM by Howard Bashman



“Caricature and handwritten notes from the 7th Circuit conference”: Ann Althouse has this post at her blog, “Althouse.”

Posted at 1:44 PM by Howard Bashman



“Coakley to fight for gay marriage; Vows challenge if amendment OK’d”: The Boston Globe today contains an article that begins, “Attorney General Martha Coakley said last night that if Massachusetts voters were to approve a ban on same-sex marriages, she would back any efforts to challenge the measure on constitutional grounds.”

And The Associated Press reports that “Coakley warns anti-gay marriage law may be unconstitutional.”

Posted at 1:35 PM by Howard Bashman



“N.J. justice is accused of abusing his position; The Supreme Court’s Roberto Rivera-Soto improperly intervened in his son’s dispute with a Haddonfield football player, an ethics filing says”: This article appears today in The Philadelphia Inquirer.

The Newark Star-Ledger reports today that “Conduct panel hits high-court justice with ethics charge; Alleges Rivera-Soto misused post to aid son.”

The Courier-Post of Cherry Hill, New Jersey reports that “Haddonfield’s Justice Rivera-Soto faces ethics case.”

And The Associated Press reports that “Conduct panel files complaint against NJ Supreme Court justice.”

You can access the judicial misconduct complaint at this link.

Posted at 1:08 PM by Howard Bashman



“Florida decides to discipline an appellate judge for his reasoning in an opinion.” This post appears today at “Have Opinion, Will Travel.”

Posted at 12:50 PM by Howard Bashman



“Supreme Court Justices Breyer & Alito on Federal Judicial Compensation”: If you missed last Saturday’s broadcast of C-SPAN’s “America & the Courts,” you can view the program online, on-demand by clicking here (RealPlayer required).

Posted at 12:45 PM by Howard Bashman



“Public service isn’t a sacrifice, says Fitzgerald, accepting Cox-Richardson-Coleman Award”: Late last month, the Harvard Law School issued a news release that begins, “Patrick Fitzgerald ’85, the United States attorney for the Northern District of Illinois and special prosecutor in the investigation of the leaking of the identity of former CIA officer Valerie Plame, received Harvard Law School’s Cox-Richardson-Coleman Award for distinguished public service yesterday.”

You can view a webcast of the event by clicking here (RealPlayer required).

Posted at 12:44 PM by Howard Bashman



“Final Stretch: Inside the Landis Doping Defense; This week, in an unusual public airing of a performance-enhancing-drug case, the cyclist will try to persuade a panel — and the world — the system is flawed.” This article (free access) appears today in The Wall Street Journal. According to the article, the arbitration will take place in “a wood-paneled mock appellate courtroom at Pepperdine University’s law school in Malibu.”

Recently, Pepperdine Law students used that courtroom to reenact the U.S. Supreme Court‘s oral argument in Morse v. Frederick. Click here to view the video (Windows Media Player required) and see whether your favorite Justices look anything like their reenactors.

Posted at 12:40 PM by Howard Bashman



“Crisis in Pakistan Over Judge Turns Violent”: The New York Times provides a news update that begins, “At least 17 people were killed and scores injured in Karachi today in clashes set off by the arrival of the chief justice of Pakistan’s Supreme Court, suspended by President Pervez Musharraf, the Pakistani interior minister said. The death toll is expected to rise.”

Posted at 12:34 PM by Howard Bashman



“U.S. Won’t Limit Detainees’ Visits With Attorneys”: The New York Times today contains an article that begins, “The Justice Department yesterday withdrew one of its proposals to tighten restrictions on lawyers representing detainees at Guantanamo Bay, Cuba, but said it would continue to press a federal appeals court for other limitations on the lawyers.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Primer on detainees’ status now — Part I.”

Posted at 7:15 AM by Howard Bashman



“When Should a Judge Face Discipline for What an Opinion Says?” The brand-new installment of my weekly “On Appeal” essay for law.com can be accessed here.

Posted at 7:12 AM by Howard Bashman



Friday, May 11, 2007

“Precedent’s proper role”: In this post at “Balkinization,” Jack M. Balkin writes that he agrees with Justice Clarence Thomas: “Precedents that are not reasonable implementations of the original meaning of the constitutional text and its underlying principles deserve no special respect and should be discarded.”

Posted at 8:14 PM by Howard Bashman



“Should the Law Recognize Grandparents’ Changing Roles?” Solangel Maldonado has this post at “Concurring Opinions.”

Posted at 8:05 PM by Howard Bashman