How Appealing



Saturday, July 9, 2016

“[M]uch artistic expression, by its very nature, has an ambiguous relationship to the performer’s personal views”: So writes Senior Circuit Judge Bruce M. Selya in an interesting sentencing-related decision that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued yesterday.

Judge Selya continues:

That an actress plays Lady Macbeth, or a folk singer croons “Down in the Willow Garden,” or an artist paints “Judith Beheading Holofernes,” does not, without more, provide any objective evidence of the performer’s motive for committing a crime, of his personal characteristics (beyond his ability to act, sing, or paint, as the case may be), or of any other sentencing factor.

And later in the opinion, Judge Selya observes, “This gets the grease from the goose.”

Posted at 8:30 PM by Howard Bashman



“How to Write Like Antonin Scalia: A lawyer and proud language snoot explains why good English matters and how Justice Scalia’s textualism makes headway on the Supreme Court.” Kyle Peterson has this interview with Bryan A. Garner in today’s edition of The Wall Street Journal. You can freely access the full text of the article via Google.

Posted at 10:40 AM by Howard Bashman



“Justice Thomas, Undaunted: After 25 years on the Court, his voice is more important than ever.” Adam J. White has this cover story in the July 18, 2016 issue of The Weekly Standard.

Posted at 10:08 AM by Howard Bashman