How Appealing



Sunday, June 10, 2007

“Conservatives Worry About Court Vacancies”: Today in The Washington Post, Robert Barnes and Michael Abramowitz have an article that begins, “A White House failure to move quickly to fill judicial openings around the country is fueling concern among conservative allies that President Bush may miss an opportunity to use his final months in office to continue putting his stamp on the federal judiciary.”

The article reports, among other things, that U.S. Senator Arlen Specter (R-PA) has asked the White House to nominate attorney Carolyn P. Short for the Philadelphia-based vacancy that now exists on the U.S. Court of Appeals for the Third Circuit.

Posted at 8:17 PM by Howard Bashman



“Pakistan’s suspended judge to face new complaint”: Reuters provides a report that begins, “Pakistan’s government has prepared a new misconduct complaint against the suspended chief judge, the law minister said on Sunday, raising the stakes in a three-month-old dispute that has sparked street protests.”

Posted at 7:52 PM by Howard Bashman



In Monday’s issue of The Christian Science Monitor: Tomorrow’s newspaper will contain articles headlined “From Gitmo cell to ‘freedom’ in Albania: Abu Muhammad, an Algerian doctor, is one of eight former Guantanamo detainees who were granted asylum in Albania” and “Unlikely popular heroes of Pakistan’s opposition: lawyers; Thousands of lawyers have taken to the streets to protest Musharraf’s controversial dismissal of the chief justice of the Supreme Court.”

Posted at 7:32 PM by Howard Bashman



Saturday, June 9, 2007

Harrisburg Senators 9, Altoona Curve 6: My son and I spent this delightful spring evening in Harrisburg, Pennsylvania, watching from two rows behind the Senators dugout a AA minor league baseball game between two Eastern League rivals.

After squandering a two-run lead in the top of the seventh, and facing a three-run deficit in the bottom of the seventh, the Senators managed to answer the five runs that the Curve scored in the top of that inning with five runs of their own. You can access the box score at this link, while game recaps are here and here. Thanks to home plate umpire Cory Blaser for tossing a baseball to my son as the umps were exiting the field at the conclusion of the game.

Earlier today, my son’s little league team was eliminated in the semifinal round of the playoffs for teams consisting of fifth and sixth graders. Although that was a sad development, the team was the only one of multiple teams from our township to make it to the semifinal round. My son played well today, reaching base safely on two out of three trips to the plate. And on defense, he played very well, handling two opportunities at second base (a grounder and a line drive), and in left field catching the third out on a sharply hit fly ball when the opposing team had runners on second and third who surely would have scored had the ball not been caught.

Our baseball-filled weekend will conclude tomorrow, as we head to Baltimore to watch the Orioles host the Colorado Rockies and to obtain a bobblehead doll.

Posted at 11:50 PM by Howard Bashman



“2 courts apply same experience-and-logic test, get different results”: Online at the First Amendment Center, Douglas Lee has an essay that begins, “Experience and logic, it appears, also are in the eyes of the beholder. No other explanation exists for the diametrically opposed holdings in Pennsylvania v. Long and U.S. v. Black, in which one court recognized a First Amendment right of access to jurors’ names and another did not. While both courts applied the ‘experience and logic’ test required by the U.S. Supreme Court, their applications could not have been more different.”

Posted at 2:23 PM by Howard Bashman



“A Bill of Rights without borders: A 50-year-old court decision on constitutional protections overseas comes into play in the war on terror.” Law Professor Kal Raustiala has this op-ed today in The Los Angeles Times.

Posted at 2:15 PM by Howard Bashman



Friday, June 8, 2007

“It’s Subpoena Time”: The New York Times today contains an editorial that begins, “For months, senators have listened to a parade of well-coached Justice Department witnesses claiming to know nothing about how nine prosecutors were chosen for firing.”

Posted at 11:20 PM by Howard Bashman



“Hilton release unusual, lawyers say; People remain in custody even with heart problems, AIDs or emotional difficulties, criminal attorneys say”: Maura Dolan has this article today in The Los Angeles Times.

Posted at 11:14 PM by Howard Bashman



Available online from law.com: An article reports that “Assault Launched on High Court’s Pay Disparity Ruling; Congress urged to undo decision that bars many unequal pay claims; Ledbetter is scheduled as witness in Tuesday hearing.”

In other news, “Opponents Buy More Time to Fight Southwick Nomination; Senate Judiciary Committee delays vote on controversial 5th Circuit nominee; supporters still expect his confirmation.”

Shannon P. Duffy reports that “3rd Circuit Overturns Lifetime Computer Ban; Federal appeals court rules sentence too harsh in pornography case.” My earlier coverage of Tuesday’s Third Circuit ruling appears here.

An article reports that “Doctor’s Blog Sinks Malpractice Defense.”

In news from Texas, “Attorney to Seek New Trial After Theft Conviction for Demanding Payment From Wife’s Lovers.” My most recent earlier coverage appears at this link.

And the brand new installment of my “On Appeal” column is headlined “Even the Recused Judge Agreed With This Appeal’s Outcome.”

Posted at 11:10 PM by Howard Bashman



“Senate begins push for trials at Gitmo; A panel takes first step to restore habeas corpus; But that won’t help resolve how to weed out the dangerous detainees from the rest”: David G. Savage has this article today in The Los Angeles Times. In addition, columnist Rosa Brooks has an op-ed entitled “At Gitmo, it all hinges on a word: If military tribunals can only try ‘unlawful’ enemy combatants, they may have no authority over Guantanamo detainees.”

And The Washington Post reports today that “Senate Committee Approves Bill for Detainee Hearings.”

Posted at 10:50 PM by Howard Bashman



“Teen’s search for justice: Genarlow Wilson’s 10-year sentence for consensual sex ought to be thrown out by judge.” This editorial appears today in The Atlanta Journal-Constitution.

Posted at 9:48 PM by Howard Bashman



“Campbell attorney argues for reduced prison time”: The Atlanta Journal-Constitution provides a news update that begins, “Former Atlanta Mayor Bill Campbell filled another courtroom Friday, although the erstwhile pol spent the day in the minimum security prison in Florida where he has lived since last August. His appeals attorney, who Campbell found over the Internet after his conviction, argued in federal appeals court that a judge wrongly sidelined one of his attorneys and was ‘unreasonable’ in sentencing the former mayor to 30 months in prison. Douglas A. Berman contended that U.S. District Judge Richard W. Story disregarded the jury’s acquittal of Campbell on corruption charges when determining the sentence.”

Posted at 9:45 PM by Howard Bashman



“Notification repeal bound for governor; Senate votes against abortion restriction”: The Concord (N.H.) Monitor today contains an article that begins, “The state’s flawed parental notification law, which has spent its four years tied up in a court battle, is now the governor’s call. The state Senate voted 15-9 late last night to repeal the law rather than fix it. The House took the same route months ago. And Gov. John Lynch has already said he’d sign a repeal, thereby ending a costly and long court fight that went to the U.S. Supreme Court and is now pending in the local federal court.”

And The New York Times reports today that “New Hampshire to Repeal Parental Notification Law.”

Posted at 9:25 PM by Howard Bashman



“Supreme Court justices: Well-off, well-traveled; Only two justices reported assets under $1M, while a number of them spent time traveling to far-flung locales.” Bill Mears of CNN.com provides this report.

Posted at 8:27 PM by Howard Bashman



“The Supreme Court’s Step Back for Women”: Reynolds Holding will have this article in the June 18, 2007 issue of Time magazine.

Posted at 4:15 PM by Howard Bashman