How Appealing

Friday, January 26, 2007

"Mrs. Alito Makes Nice With Ralph Neas": Mary Ann Akers has this post today at her new blog,"The Sleuth," at And while Mrs. Alito got to make nice with Ralph Neas, at the very same book launch party I got to make nice with Nan Aron, who counts herself among the many fans of "How Appealing."
Posted at 11:30 PM by Howard Bashman

"Move to disclose secret court's spying orders": Lyle Denniston has this post online at "SCOTUSblog."
Posted at 11:04 PM by Howard Bashman

"Ruthless Nation: Paris Reigns Supreme Vs. Justice Ginsburg." Andrea Peyser has this essay today in The New York Post.
Posted at 11:00 PM by Howard Bashman

"Supreme Court justice praises late federal judge from Ark." The Associated Press provides a report that begins, "Supreme Court Justice Clarence Thomas remembered a late federal court judge from Arkansas on Friday as 'perhaps the most outstanding judge in his time' for championing individual liberties and judicial restraint. In a 35-minute speech to the University of Arkansas at Little Rock's William H. Bowen School of Law, Thomas praised Richard Sheppard Arnold's judicial style and sparingly offered his own opinion."

More details on Justice Clarence Thomas's visit today to Little Rock can be accessed here.
Posted at 10:48 PM by Howard Bashman

"Justice Alito charms PBC Bar Association": The Palm Beach Post provides this news update.

And The Palm Beach Daily News on Saturday will contain an article headlined "Supreme traditions follow court."
Posted at 10:44 PM by Howard Bashman

Available online from In news from Florida, an article reports that "The High Court's Junior Justice Speaks Out."

In other news, "Ga. Bill Takes Aim at Sentencing That Resulted in 10-Year Term for Teen Sex."

Charles S. Barquist and Jason A. Crotty have an essay entitled "'MedImmune v. Genentech': The Supreme Court Upends the Federal Circuit's Declaratory Judgment Jurisprudence."

And the brand new installment of my weekly "On Appeal" column is headlined "Decorum on Appeal: When Judges Are Under Attack."
Posted at 10:38 PM by Howard Bashman

"Federal Court Rules Against EPA": The Associated Press provides a report that begins, "The Environmental Protection Agency must force power plants to protect fish and other aquatic life even if it's expensive, a federal appeals court said in a ruling favoring states and environmental groups."

My earlier coverage appears at this link.
Posted at 09:15 PM by Howard Bashman

Jan Crawford Greenburg discussed her new book on today's broadcast of WNYC public radio's "The Leonard Lopate Show": You can listen online via this link, or you can download the mp3 audio by clicking here. The segment runs approximately 32 minutes.
Posted at 07:00 PM by Howard Bashman

"Gonzales appoints political loyalists into vacant U.S. attorneys slots": McClatchy Newspapers provide this report.
Posted at 06:45 PM by Howard Bashman

"Bush does not seek diversity on the bench": In today's edition of The Clarion-Ledger of Jackson, Mississippi, columnist Eric Stringfellow has an op-ed that begins, "It's unfortunate that President Bush has tapped Leslie Southwick to star in the latest sequel to fill a vacancy on the 5th U.S. Circuit Court of Appeals."
Posted at 05:55 PM by Howard Bashman

"Canada Apologizes to Deportation Victim": The Associated Press provides a report that begins, "The prime minister apologized Friday to a Syrian-born Canadian and said he would be compensated $8.9 million for Ottawa's role in his deportation by U.S. authorities to Damascus, where he was tortured and imprisoned for nearly a year. Prime Minister Stephen Harper again called on Washington to remove Maher Arar from its no-fly and terrorist watchlists. He reiterated that Canada would keep pressing the United States to clear Arar's name."

And The Toronto Globe and Mail provides a news update headlined "Harper apologizes to Arar for torture in Syria; Prime Minister unveils a compensation package of $10.5-million and says Ottawa will keep pressing U.S. on his behalf."
Posted at 04:07 PM by Howard Bashman

Jan Crawford Greenburg, on book tour: On the evening of Monday, January 29, 2007, she'll be at Temple Jeremiah in Northfield, Illinois. Details here and here.

Midday on Tuesday, January 30, 2007, she'll be speaking at the Union League Club of Chicago. Details and online registration are available here.

On the afternoon of Thursday, February 1, 2007, she'll be at Pepperdine University School of Law to discuss the book. Also scheduled to take part in the discussion are Jonathan Varat, Jesse Choper, Professor Doug Kmiec, and Dean Ken Starr. Details here.

And then on the afternoon of Saturday, February 3, 2007, Jan will be at the Book Passage bookstore in San Francisco. Details here.

In case you missed it, early this morning at "The Volokh Conspiracy," Ilya Somin had a post about Jan's new book in which he wrote, "it is probably the best book about the Supreme Court that I have ever read that was written by a journalist."
Posted at 03:33 PM by Howard Bashman

"Girl in Foster Care Reunited with Birth Parents": This audio segment (RealPlayer required), focusing on a ruling that the Supreme Court of Tennessee issued this week, appeared on today's broadcast of NPR's "Day to Day." My earlier coverage appears here and here.
Posted at 03:18 PM by Howard Bashman

"'Ask the Author' with Jeff Rosen: Part 1." This post appears today at "SCOTUSblog."
Posted at 01:22 PM by Howard Bashman

In today's mail: An Associate Justice William Cushing mini-bobblehead doll. Information about Justice Cushing can be accessed here and here.
Posted at 11:45 AM by Howard Bashman

"Dismissal of Lawsuit Against Warrantless Wiretaps Sought": Earlier today, I linked here to an article bearing that headline published today in The Washington Post.

And last night, I linked here to a related article headlined "Secrecy Is at Issue in Suits Opposing Spy Program" that Adam Liptak has today in The New York Times.

I have posted online here and here copies of the federal government's filings yesterday in the U.S. Court of Appeals for the Sixth Circuit that are discussed in the two above-linked newspaper articles.
Posted at 11:35 AM by Howard Bashman

"Jury rejects Kopp's defense; Killer of doctor is found guilty on both counts": The Buffalo News today contains an article that begins, "James C. Kopp failed to sway a single juror with his argument that he had a right to shoot Dr. Barnett A. Slepian to stop him from performing abortions. Jurors also rejected Kopp's repeated contentions that he never meant to kill Slepian, only wound him, or that Slepian died because the bullet took what he called a crazy ricochet."
Posted at 11:18 AM by Howard Bashman

"Horse-slaughter industry in flux; Airlines won't carry meat, plants' status hazy after ban upheld": The Dallas Morning News today contains an article that begins, "A federal court decision that upheld a Texas ban on horse meat for human dining has thrown the horse-slaughter industry into flux, with two airlines saying they won't transport the meat and with representatives of Texas' two slaughter plants giving conflicting reports about whether they have temporarily ceased operations."

And Wednesday in The Fort Worth Star-Telegram, columnist Bob Ray Sanders had an op-ed entitled "Outrage over horse meat is perplexing and even hypocritical."
Posted at 10:54 AM by Howard Bashman

"As D.C. experience ends, Miers focuses on positive; Leaving post as Bush counsel, she has options to weigh back in Dallas": Today in The Dallas Morning News, Todd J. Gillman has an article that begins, "Not long ago, Harriet Miers was heading for any lawyer's dream job -- a lifelong seat on the Supreme Court. In a few days, she'll leave here entirely, vacating a big West Wing office and returning to Dallas to size up her options."
Posted at 10:50 AM by Howard Bashman

Today's rulings of note from the U.S. Court of Appeals for the Sixth Circuit: 1. On rehearing en banc, the Sixth Circuit today recognizes that in reviewing labor-management arbitration awards, that court had previously failed to adhere to the severely restricted standard of review that the U.S. Supreme Court has specified. You can access today's ruling at this link. The en banc majority opinion is written by Circuit Judge Jeffrey S. Sutton, who called for en banc review in a concurring opinion issued one year ago tomorrow, when the original three-judge panel filed its ruling in this very same case. My earlier coverage of that three-judge panel's ruling can be accessed here.

2. In a second decision issued today, the Sixth Circuit resolves "a question that has not been considered by this or any other court -- whether the record rental exception to copyright's first sale doctrine applies to all sound recordings, or only sound recordings of musical works." The majority on a divided three-judge panel concludes that the section of the federal Copyright Act "applies only to sound recordings of musical works and does not apply to sound recordings of literary works."

3. Today's final ruling of note from the Sixth Circuit examines whether a U.S. Supreme Court decision from 2005, holding on writ of certiorari to the Michigan Court of Appeals that that the due process and equal protection clauses of the U.S. Constitution require the appointment of counsel for defendants seeking leave to appeal from a plea-based conviction in Michigan state court, applies retroactively to defendants who now challenge by means of a federal writ of habeas corpus the earlier denial of counsel in their direct state court appeal from a plea-based conviction. The majority, in an opinion by Circuit Judge Boyce F. Martin, in which Circuit Judge Martha Craig Daughtrey joins, holds that the right to counsel on direct appeal from a guilty plea in a Michigan state court does apply retroactively on habeas review. U.S. District Judge Danny Reeves of the Eastern District of Kentucky, sitting by designation, dissents. This case strikes me as a strong candidate for rehearing en banc.
Posted at 10:10 AM by Howard Bashman

"Class-action suits get access to files; State's high court lets lawyers see customer complaints": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Lawyers who file class-action lawsuits over defective products are entitled to the names of customers who have complained about those products, unless a customer objects to disclosure, the state Supreme Court ruled Thursday."

You can access yesterday's right-to-privacy ruling of the Supreme Court of California at this link.
Posted at 09:23 AM by Howard Bashman

"Ex-Cheney Aide Contradicts Libby": Neil A. Lewis has this article today in The New York Times. The newspaper also reports that "Time Comes to a Standstill in a Courtroom Journey."

The Washington Post reports today that "Ex-Aide Says Cheney Led Rebuttal Effort." And Dana Milbank's "Washington Sketch" column is headlined "In Ex-Aide's Testimony, A Spin Through VP's PR."

The Los Angeles Times reports that "Cheney's key role in leak case detailed; A former aide testifies in Libby's trial that the vice president directed the effort to discredit a CIA agent's husband."

In The New York Sun, Josh Gerstein reports that "Trial Exposes Scramble Over Botched Bush Speech."

And USA Today reports that "Cheney scripted Libby response, ex-aide says."
Posted at 09:15 AM by Howard Bashman

"N.C. is 11th state to halt lethal injections; A judge blocks two executions until procedures are changed": Henry Weinstein has this article today in The Los Angeles Times.

And The News & Observer of Raleigh, North Carolina today contains articles headlined "Officials must weigh lethal injection; A 1909 law means Easley and the Council of State must decide how executions can happen without a doctor's help, judge rules" and "Judge rules by the book; Stephens said to be without agenda."
Posted at 09:08 AM by Howard Bashman

"Investigation sought into detainee remark": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The Bar Association of San Francisco said Thursday that it wants state attorney discipline investigators to decide whether a Bush administration official, who is also a California lawyer, violated ethical standards by calling for a business boycott of law firms representing prisoners at Guantanamo Bay."
Posted at 08:54 AM by Howard Bashman

"Handicapped parking space filled by judge; The problem: The placard on the dashboard of his Mercedes was issued to an 86-year-old woman." The St. Petersburg Times today contains an article that begins, "Each day, administrative law judge Elving L. Torres decides whether people are disabled enough to receive Social Security benefits. Sometimes he puts himself in the shoes of people who appear before him: He parks his luxury import car in the handicapped spaces outside the building where he works. A handicapped parking placard appears on the dashboard of his silver Mercedes-Benz AMG coupe. But it was issued to an 86-year-old woman from Bradenton, according to state motor vehicle records."
Posted at 08:44 AM by Howard Bashman

"Death penalty repeal sought; O'Malley backs bills to replace executions with life without parole": Today's edition of The Baltimore Sun contains an article that begins, "Gov. Martin O'Malley said yesterday that he would sign a repeal of the death penalty if a bill reaches his desk, weighing in on the contentious issue hours after a coalition of legislators and activists renewed their push to strike Maryland's execution law from the books."

And The Washington Post reports today that "O'Malley Voices Support of Bill to End Death Penalty; Though Hurdles Loom, Sponsor Expresses Hope."
Posted at 08:35 AM by Howard Bashman

"Dismissal of Lawsuit Against Warrantless Wiretaps Sought": The Washington Post today contains an article that begins, "A lawsuit challenging the legality of the National Security Agency's warrantless surveillance program should be thrown out because the government is now conducting the wiretaps under the authority of a secret intelligence court, according to court papers filed by the Justice Department yesterday."
Posted at 08:27 AM by Howard Bashman

"Judge Urges U.S. to Drop Plan to Seek Death Penalty in Case": The New York Times today contains an article that begins, "A federal judge, at the close of the death penalty trial of a convicted drug trafficker with ties to the rap music industry, called the government's effort to seek his execution 'absurd' and a waste of money and urged prosecutors to ask their Justice Department superiors in Washington to abandon the endeavor."

Today in The New York Sun, Joseph Goldstein reports that "Judge Asks Prosecutors To End Death Penalty Drive."

The New York Daily News contains an article headlined "Wacky judge: Who needs jury? Makes bizarre statements discounting need for death-penalty phase in trial of notorious thug." The newspaper also contains an editorial entitled "Bow out, Judge Blockhead."

And The New York Post contains an article headlined "Judge: I won't kill 'Supreme.'"
Posted at 08:22 AM by Howard Bashman

"Colleges Regroup After Voters Ban Race Preferences": This article appears today in The New York Times.
Posted at 07:58 AM by Howard Bashman

"Meet the Clients: Law schools rarely teach students how to be lawyers." Cameron Stracher has this op-ed today in The Wall Street Journal.
Posted at 07:54 AM by Howard Bashman

"Ginsburg 'lonely' without O'Connor; The remaining female justice fears message sent by court composition": Joan Biskupic has this front page article today in USA Today, along with an article headlined "High court just a 1-woman show; In contrast with gains elsewhere."
Posted at 07:50 AM by Howard Bashman

"McDermott violated House rules with leak, court told": This article appears today in The Seattle Post-Intelligencer.
Posted at 07:45 AM by Howard Bashman

"The Controversy over Curtailing Habeas Corpus Rights: Why It Is a Bad Day For The Constitution Whenever Attorney General Alberto Gonzales Testifies." John W. Dean has this essay online today at FindLaw.
Posted at 06:44 AM by Howard Bashman

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