How Appealing

Friday, March 19, 2021

Judge who maligned media can’t get coverage of his Broadway shows: A longtime correspondent of this blog emailed tonight to note:

I notice that Judge Silberman’s long dissent-in-part in Tah v. Global Witness contains what is either a clever pun or a truly inspired typographical error. On page three of his dissenting opinion he writes:

“In that deal, Global Witness asserted that the National Oil Company paid bribes to legislators on behalf of the Broadway Consolidated oil company to secure ratification of its purchase. J.A. 68; see also J.A. 84 (noting that the National Oil Company had also paid bribes on behalf of Oranto Petroleum). And now, Exxon was stepping into Broadway’s shows.”

Plainly, under ordinary circumstances, the last word “shows” should be “shoes.” On the other hand, Broadway has shows; that is even the point of Broadway.

So either Judge Silberman is making an offhand joke about Broadway, center of the stage world, or he is the victim of a truly inspired mistranscription or other typo. Either way, this paragraph has happy feet.

No doubt the mainstream media outlets can sympathize with this error.

Posted at 10:30 PM by Howard Bashman

“Federal District Court Reversal Rates, Part 2: Experience and Age, Again.” James Daily has this post at The Juris Lab.

Posted at 7:20 PM by Howard Bashman

“Property Rights at the Supreme Court: Can a state order owners to let the public use land without compensation?” The Wall Street Journal has published this editorial.

Posted at 7:14 PM by Howard Bashman

In December 2020, The University of Chicago Law Review Online published “a series of short remembrances of Judge Diane Wood of the U.S. Court of Appeals for the Seventh Circuit in honor of her twenty-five years (and counting) on the bench”: Law professor David Freeman Engstrom had an essay titled “Oboe Judging.”

Law professor Zachary D. Clopton had an essay titled “Judge Diane P. Wood: A True Friend.”

Law professor Tejas N. Narechania had an essay titled “Judge Wood and the Human Side of Judging.”

And Elizabeth A. Reese had an essay titled “What Judge Wood Taught Me About Glass Cages.”

Posted at 6:48 PM by Howard Bashman

“Federal Judge Says Media Is Anti-GOP ‘Threat to Democracy'”: Erik Larson of Bloomberg News has this report.

Josh Gerstein of Politico reports that “Federal judge pens dissent slamming decades-old press protections; D.C. Circuit Senior Judge Laurence Silberman’s diatribe amounted to an assault on a landmark Supreme Court decision that set the framework for modern defamation law.”

In commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Federal Judge Uses Dissent to Rant About Liberal Media Bias and ‘Big Tech’ Censorship; Judge Laurence Silberman condemned the mainstream press as ‘virtually Democratic Party broadsheets’ and praised Fox News.”

And at “Above the Law,” Kathryn Rubino has a post titled “What In the Q Is This Federal Judge Going On About? At least(?) it’s only a dissent.”

Circuit Judge David S. Tatel wrote today’s majority opinion of the U.S. Court of Appeals for the D.C. Circuit, in which Chief Judge Sri Srinivasan joined. And you can access Senior Circuit Judge Laurence H. Silberman‘s opinion dissenting in part at this link.

Posted at 3:39 PM by Howard Bashman

“The Federal Courts Have a Transparency Problem. Here’s How We Can Fix It. The third branch says it’s the most transparent when it comes to its work, but it’s the least transparent when it comes to the perks.” Gabe Roth has this essay online at The National Law Journal.

Posted at 1:05 PM by Howard Bashman

“Can Biden ‘rebalance’ the judiciary?” Russell Wheeler has this post at the “FixGov” blog of the Brookings Institution.

Posted at 12:30 PM by Howard Bashman

“Nonunanimous juries — recently ruled unconstitutional — convicted hundreds sitting in Oregon prisons. Now, they want a fair trial.” Jaimie Ding has this front page article in today’s edition of The Oregonian.

Posted at 11:33 AM by Howard Bashman

“Federal Circuit Judges Seek First Black Colleague as Seat Opens”: Perry Cooper of Bloomberg Law has this report. Cooper also tweeted here about some interesting stuff that didn’t make it into her article.

Posted at 11:20 AM by Howard Bashman

Over on Twitter, I have just posted this poll in which you can choose to cast a vote within the next 23 hours or so:

#AppellateTwitter — When a filing is served on you electronically but other counsel nevertheless sends you a paper copy, is your response:

Thanks that’s helpful.

I don’t need more paper.

It depends.

I will report back on the results tomorrow.

Posted at 10:40 AM by Howard Bashman

“A farmer’s feud with workers union leads to high-stakes Supreme Court showdown”: Robert Barnes of The Washington Post has this report.

Posted at 10:05 AM by Howard Bashman

“Biden poised to announce first wave of nominations to reshape U.S. courts; One prospect generating buzz is District Court Judge Ketanji Brown Jackson, whose expected appointment to a key appeals court could signal a future Supreme Court nomination”: Mike Memoli and Sahil Kapur of NBC News have this report.

Posted at 10:02 AM by Howard Bashman

“Supreme Court conservatives want to topple abortion rights — but can’t seem to agree on how”: Joan Biskupic of CNN has this report.

Posted at 9:58 AM by Howard Bashman

“Pandemic Revives Old Courtroom Argument: To Robe, or Not to Robe? As a precaution, judges and lawyers in India’s highest courts were freed from their black gowns, drawing cheers and objections.” Shan Li had this front page article in yesterday’s edition of The Wall Street Journal.

Posted at 9:55 AM by Howard Bashman