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Friday, May 05, 2006 "Bush pushes Sooner for appeals court": The Tulsa World today contains an article that begins, "President Bush on Thursday nominated Oklahoma City attorney Jerome Holmes for a vacancy on the 10th U.S. Circuit Court of Appeals." And last month, the newspaper published an article headlined "OKC attorney likely to fill 10th Circuit slot; Tulsa judge emerging for federal bench." Available online from law.com: An article reports that "11th Circuit Tosses Drastically Reduced Sentence for HealthSouth Executive." You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. And the brand new installment of my "On Appeal" column is headlined "Is the Stock Ownership Recusal Requirement Too Unforgiving?" U.S. government advises the U.S. Court of Appeals for the D.C. Circuit that ethnic Uighur Chinese nationals formerly detained at Guantanamo Bay have today been released to Albania for resettlement there as refugees: You can access the federal government's filing, made late today, at this link. The case had been scheduled for oral argument Monday in the D.C. Circuit, and the federal government has now filed an emergency motion to dismiss the case as moot. In early press coverage, The Associated Press reports that "Albania Takes 5 Ethnic Chinese From Gitmo." "Judge in Ryan Trial Finds No Jury Bias": The Associated Press provides this report from Chicago. Posted at 05:58 PM by Howard Bashman "Improving scotusblog": You can join Linda Greenhouse in offering suggestions at this link. Meanwhile, readers of "How Appealing" are constantly offering me suggestions on how to improve my blog, which is why you don't see me asking for even more suggestions of that nature. Posted at 03:55 PM by Howard Bashman "Gay couple can't contest marriage definition": Bob Egelko of The San Francisco Chronicle provides a news update that begins, "A federal appeals court today dismissed a challenge by two Orange County men to a law denying federal marriage benefits to same-sex couples, saying a couple that isn't legally married under state law has no right to contest the federal definition of marriage." My earlier coverage appears here. Posted at 03:50 PM by Howard Bashman "Now in foreground: jurors' backgrounds; Attorneys split on need for checks." This article (free access) will appear in next week's issue of The National Law Journal. Posted at 03:28 PM by Howard Bashman "Marcos' victims to split $35 million from U.S. account; Philippine government loses in appeals court": Today in The San Francisco Chronicle, Bob Egelko has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. And in other coverage, David Kravets of The Associated Press reports that "Court OKs $35M for Marcos Victims." "A federal appeals panel's recent decision barring anti-gay T-shirts in public schools cited a famous case upholding student-speech rights -- but focused on a phrase about 'the rights of others' to come down against a form of student expression." So begins an essay by David L. Hudson Jr. posted online today at the First Amendment Center. Posted at 03:15 PM by Howard Bashman "Lay and Skilling miss their marks; As the Enron trial enters its final stretch, legal experts say the odds are stacked against Enron founder Ken Lay and former CEO Jeffrey Skilling": CNNMoney.com provides this report. Posted at 03:14 PM by Howard Bashman "U.S. Appeals Court Sidesteps Gay Marriage": David Kravets of The Associated Press provides this report. My earlier coverage is here. Posted at 03:08 PM by Howard Bashman "[U]nder the majority's decision, no one from Colombia will be entitled to asylum." Eleventh Circuit Judge Ed Carnes has today issued a stirring dissent from the denial of a petition for review in an asylum case. Circuit Judge William H. Pryor, Jr. wrote the majority opinion. In dissent, Judge Carnes writes: In determining whether the facts and circumstances in any case compel a conclusion, we ought to face up to the full force of them in their entirety. The majority's approach, instead, is a virtuoso exercise in deconstructionism. It proceeds by disassembling the whole of the evidence and then explaining why each part by itself is insufficiently compelling. This is like a man who attempts to demonstrate that a bucket of water is not really that by emptying it cup by cup, asserting as he goes along that each cupful is not a full bucket's worth until, having emptied the whole, he proclaims that there just wasn't a bucket of water there.The majority opinion responds as follows: The dissent accuses the majority of deconstructing the evidence to reach its decision, but the dissent uses a vivid imagination to draw inferences in favor of Silva and ignore competing inferences that favor the findings of the Immigration Judge, contrary to our deferential standard of review. Because imaginative inferences are all that support its opinion, the dissent is left in the position of one who, trying to fill a leaky bucket with water, must first plug all the holes. Silva's testimony is full of holes, and the dissent impermissibly draws inferences in Silva's favor to plug those holes.You can access the complete ruling at this link. Posted at 03:00 PM by Howard Bashman "Congress advised to reject Akaka bill": The Honolulu Advertiser today contains an article that begins, "The U.S. Commission on Civil Rights recommended yesterday that Congress reject a bill granting federal recognition and self-government rights to Hawaiians." Posted at 02:48 PM by Howard Bashman Three-judge Ninth Circuit panel in no hurry to legalize same-sex marriage in California: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Fans of obscure language will rate the opinion a triple-F based on passages such as "While a scry of the complaint might lead one to think that the issue here is not general, a true perscrutation leads to the opposite conclusion." Senior Circuit Judge Jerome Farris, perhaps unwilling to imperil the trees necessary to produce an unabridged dictionary, merely concurs in the result without separate opinion. Posted at 02:35 PM by Howard Bashman The Associated Press is reporting: An article is headlined "ABA Rates Conn. Judge 'Not Qualified.'" The rating in question can be viewed at this link. And in other news, "Ill. Court Won't Rehear Philip Morris Case." My earlier coverage of this case can be accessed here. "Supreme Court: Private party hosts not liable." The Toronto Globe and Mail provides a news update that begins, "The Supreme Court of Canada ruled Friday that two hosts of a New Year's Eve party were not responsible for the havoc caused by a guest who drunkenly drove away from their house and caused crippling injuries to an 18-year-old woman." My earlier coverage is here. Posted at 12:54 PM by Howard Bashman "The Moussaoui Sentence: How the would-be terrorist avoided death." Meghan O'Rourke has this essay online at Slate today. Posted at 12:50 PM by Howard Bashman "'Gang of 14' to Meet Tuesday": Roll Call provides a news update (subscription required) that begins, "The bipartisan 'Gang of 14' will meet Tuesday evening in the office of Sen. Ben Nelson (D-Neb.) to discuss its part in the upcoming Senate fight over controversial judicial nominees, sources say." And today at National Review Online, Byron York has an essay entitled "What's Behind the New Fight Over Judges: Republicans look to pick their battles--very carefully." "Court Challenges Internet Wiretap Rules": The Associated Press provides a report that begins, "A U.S. appeals panel challenged the Bush administration Friday over new rules making it easier for police and the FBI to wiretap Internet phone calls." Posted at 11:58 AM by Howard Bashman "If the district court then finds in favor of the plaintiffs, it shall develop a plan under which Native-Americans will have a reasonable opportunity to elect an Indian-preferred candidate." This decision issued today by a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit represents at least a temporary victory for a Native American voting rights claim under Section 2 of the Voting Rights Act of 1965 against the City of Martin, South Dakota. Posted at 11:55 AM by Howard Bashman "8th Circuit Sides with Easterbrook Over Posner: Post-Assessment Returns Are Valid Returns for Bankruptcy Tax Purposes." This post appears today at "TaxProf Blog." Posted at 10:58 AM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "U.S. Defends New Internet Wiretap Rules"; "Court Denies Felons Voting Rights Argument"; and "Anna Nicole Smith Pregnancy Rumors Swirl." Posted at 10:30 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Senate Bids to Avert Filibuster on Judicial Pick" and "Prosecution Stalls for Senior Terrorism Suspects" (RealPlayer required). Posted at 10:25 AM by Howard Bashman In news from Canada: Canadian Press reports that "Social hosts not liable for drunken guests who leave parties." You can access today's ruling of the Supreme Court of Canada at this link. Posted at 10:22 AM by Howard Bashman "Juror released from time-out chair; Judge cites inconsistencies between man's letter to avoid jury, questions under oath; coverage criticized": This article appears today in The Detroit News. I have posted online at this link yesterday's opinion and order issued by Chief U.S. District Judge Bernard A. Friedman of the Eastern District of Michigan. My earlier coverage of this matter appears here. "Top court to rule on party hosts' responsibility": CBC News provides a report that begins, "A decision expected this morning from the Supreme Court of Canada could affect anyone planning to have a house party." Posted at 09:55 AM by Howard Bashman "Conflict puts vote on Boyle in doubt; Allegations spur opponents to fight judicial nomination": The News & Observer of Raleigh, North Carolina today contains an article that begins, "Allegations that U.S. District Judge Terrence Boyle broke a conflict-of-interest law have strengthened Democrats' resolve to fight his promotion and raise doubts about whether the North Carolina judge's nomination will ever get a full vote in the U.S. Senate." Somewhat relatedly, the working title of next Monday's installment of my "On Appeal" column for law.com (scheduled to debut online at around 10:30 p.m. eastern time tonight) is "Is the Statute Requiring a Federal Judge to Recuse Due to Stock Ownership in a Litigant Too Unforgiving?" No resemblance to Michael Chertoff: The Harvard Crimson today contains an article headlined "Mr. Burns' Voice Speaks at HLS; Pennsylvania Ave. meets Hollywood Blvd. in Law School discussion." Posted at 08:54 AM by Howard Bashman "One Last Appearance, and Outburst, From Moussaoui": Neil A. Lewis has this article today in The New York Times. The Washington Post today contains articles headlined "Some Saw Moussaoui As Bit Player, Juror Says; 'You Will Die With a Whimper,' Judge Tells Conspirator"; "New Home Is 'Alcatraz of the Rockies'; Moussaoui to Join Many High-Profile Inmates at Federal Prison in Colorado"; and "Moussaoui's Mother Blames Outcome on French Passivity; Officials Aided in Conviction To Appease U.S., She Says." In addition, Law Professor David Cole has an op-ed entitled "How Not to Fight Terrorism." The Los Angeles Times contains articles headlined "With Judgment, Moussaoui Is Silenced at Last; His voice fades from the courtroom that served as a stage for his hateful rants; A jurist sends him 'to die with a whimper' in federal prison" and "The Slow Rot at Supermax; At Moussaoui's future home in Florence, Colo., inmates are reportedly not merely punished, but incapacitated and broken down." The Richmond Times-Dispatch contains an article headlined "Life for Moussaoui." And USA Today reports that "Moussaoui to join worst of worst at Colo. prison; 9/11 conspirator will spend most of his time in solitary confinement." "Muhammad Denies Guilt In Slayings By Snipers; Statement Mixes Love Of Children, Philosophy": This article appears today in The Washington Post. And The Baltimore Sun today contains articles headlined "Muhammad cites the Gospel, Plato; Sniper professes innocence, says he came to Md. seeking his kids" and "Defendant impresses as 'smooth.'" "Professor Testifies on Lay Stocks; Prosecution Won't Call Causey": The Wall Street Journal contains this article (free access) today. The Houston Chronicle reports today that "Defense shifts to avoid issue of shredding; Ruling causes attorneys to drop the testimony of ex-accountant at Arthur Andersen." And in The New York Times, Floyd Norris has an essay entitled "Ken Lay Still Thinks Enron Was Healthy" (TimesSelect subscription required). "SJC weighs petition to block gay marriage": This article appears today in The Republican of Springfield, Massachusetts. The Boston Globe reports today that "Ballot to ban gay marriage debated." And The Boston Herald reports that "Pols' gay-wed debate put off until SJC rules." "Weighing all the evidence": The Los Angeles Times today contains an editorial that begins, "In the first opinion from its newest justice, the U.S. Supreme Court has given criminal defendants something most Americans assumed they already possessed: the right to offer evidence that somebody else committed the crime." Posted at 07:08 AM by Howard Bashman "Specter Grants Judicial Nominee Second Hearing; Kavanaugh to Answer Questions on Role in Torture and Spying": This article appears today in The Washington Post. And The Washington Times reports today that "Specter grants judicial hearing." "Use of Contraception Drops, Slowing Decline of Abortion Rate": The New York Times contains this article today. Posted at 06:50 AM by Howard Bashman "Second Front -- Why Microsoft Battles Europe Years After Settling With U.S.; Suspicions and Missteps Keep Its Antitrust Case Alive; Guarding Rival Engineers; Spat Over Encrypting a Disk": This front page article (free access) appears today in The Wall Street Journal. Posted at 06:45 AM by Howard Bashman  
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