How Appealing

Monday, May 8, 2006

"Senators further scrutinize court nominee": In Tuesday's edition of USA Today, Joan Biskupic will have an article that begins, "The Senate Judiciary Committee will hold a rare second hearing for judicial nominee Brett Kavanaugh today, spurred by Democrats who have focused on the power of the court he would join and his background."
Posted at 11:34 PM by Howard Bashman


"Rove prepares 20 judges": Tuesday's edition of The Hill will contain an article that begins, "Presidential adviser Karl Rove and White House counsel Harriet Miers yesterday told conservative activists and Senate staff that the administration would soon send the names of more than 20 judicial nominees to Capitol Hill for confirmation."
Posted at 10:20 PM by Howard Bashman


"The Best Little Courthouse in Texas; Upset by patent rulings, tech companies push Congress for venue reform": law.com provides this report.
Posted at 10:15 PM by Howard Bashman


"ABA Downgrades White House Aide's Rating": The Associated Press provides a report that begins, "The American Bar Association downgraded its rating of President Bush's appellate court nominee Brett Kavanaugh after new interviews raised concerns about his courtroom experience and open-mindedness, the chairman of the peer-review panel said Monday."

Relatedly, the White House today issued news releases entitled "Setting the Record Straight: The ABA Finds Brett Kavanaugh Is 'Indeed Qualified to Serve on the Federal Bench'" and "Fact Sheet: Brett M. Kavanaugh: Nominee to the U.S. Court of Appeals for the D.C. Circuit."
Posted at 10:14 PM by Howard Bashman



"Heading into Second Hearing, Burden Is on Kavanaugh": People For the American Way President Ralph G. Neas issued this statement today.

Tomorrow's hearing of the Senate Judiciary Committee is scheduled to begin at 2 p.m.
Posted at 10:00 PM by Howard Bashman



"Moussaoui seeks new trial": Lyle Denniston has this post today at "SCOTUSblog."

And The Associated Press reports that "Moussaoui Asks to Withdraw Guilty Plea."

Zacarias Moussaoui's motion to withdraw his guilty plea can be accessed here.

One risk in Moussaoui's strategy is that, for reasons I have previously explained here, he could potentially be subjected to the death penalty at any new proceeding.

Update: The federal district court's order issued today denying Moussaoui's motion to withdraw the guilty plea can be accessed here.
Posted at 04:32 PM by Howard Bashman



Available online from SSRN: Patrick J. Borchers has an article entitled "The Essential Irrelevance of the Full Faith and Credit Clause to the Same-Sex Marriage Debate" (via "Legal Theory Blog").

And Davida H. Isaacs has an article entitled "The Highest Form of Flattery? Application of the Fair Use Defense against Copyright Claims for Unauthorized Appropriation of Litigation Documents."
Posted at 04:23 PM by Howard Bashman



"Anonymous Lawyer": If you loved the blog, now you can love the book -- "Anonymous Lawyer: A Novel" -- too, thanks to Amazon.com's pre-order feature.

I'm reliably advised that I have the ability to designate two "How Appealing" readers to receive advance reading copies of the book "Anonymous Lawyer: A Novel" hot off the presses. If any readers have any clever thoughts concerning what sort of contest I should hold, please feel free to email me. Chances are quite good that I will designate one book for the person who proposes the most clever contest, and the other book for the contest's winner. All decisions of the contest's judge (me in both instances) are final. Although the book itself won't appear on shelves until late July, the advance reading copies are ready to ship now, so contest ideas are officially being solicited at this time.
Posted at 04:05 PM by Howard Bashman



"Complaint Against Judge Has Broader Ramifications; Judicial panel says it lacks power to sanction L.A. jurist; Bill would create inspector general": As I first noted yesterday in a post you can access here, Henry Weinstein had this very interesting article yesterday in The Los Angeles Times.

Late last month, the U.S. Courts' Judicial Conference Committee to Review Circuit Council Conduct and Disability Orders issued the ruling that was the central focus yesterday's Los Angeles Times article. I have obtained a copy of that ruling by a divided committee -- "Judges Dolores K. Sloviter, Barefoot Sanders, and Pasco M. Bowman, II, have concurred in the opinion of the Committee. Judge Ralph K. Winter, Jr., issued a dissenting statement, also attached, in which Judge Carolyn R. Dimmick joins" -- and have posted the complete ruling online at this link.
Posted at 02:44 PM by Howard Bashman



I hope that soon I will be able to announce which appellate judge will be the 21st interviewee in this blog's "20 questions for the appellate judge" feature: On Saturday, in my post commemorating this blog's four-year anniversary, I wrote that to mark the occasion I would be resuming this blog's quite popular "20 questions for the appellate judge" interview series.

As was the case during the feature's initial appearance, my intention is to have one "20 questions" interview appear each month. During the feature's original incarnation, 20 different appellate judges were interviewed over 20 consecutive months. My hope is that the first installment of this interview feature's new incarnation will appear in June 2006.

As before, participants in the feature will be obtained on a volunteer basis. At this time, I am only seeking a volunteer to participate in the "20 questions for the appellate judge" feature in June 2006. Next month, I will seek a volunteer to participate in July 2006, and so on. The very first federal or state appellate judge to volunteer to be the "20 questions for the appellate judge" interviewee for June 2006 will be the subject of my June 2006 interview. To volunteer, simply send me an email at appellateblog@hotmail.com. Once a volunteer comes forward, I will put up a post announcing who the interviewee for June 2006 will be and explaining that no other interview volunteers are being sought at this time.

The interview is conducted entirely in writing via email. I envision transmitting the 20 questions to the interviewee on June 1, 2006, and I would request that the answers be returned to me on or before Monday, June 19, 2006. The twenty previous installments of the "20 questions for the appellate judge" feature are archived at this link, and all future installments will be archived there too after they debut as a post here at "How Appealing." Thanks again to all of the readers and judges who have persuaded me to resume this feature.
Posted at 02:33 PM by Howard Bashman



"Little-Known Weird Legal Fact Leads to Glitch in Court of Appeals Opinion": At "The Volokh Conspiracy," Eugene Volokh today has this interesting post about a recent opinion from the U.S. Court of Appeals for the Ninth Circuit that for quite understandable reasons misattributed to the U.S. Supreme Court a quotation from an early ruling of the Supreme Court of Pennsylvania.
Posted at 02:10 PM by Howard Bashman


"If Roe v. Wade is overturned, is Del. ready?" Harry F. Themal has this op-ed today in The News Journal of Wilmington, Delaware.
Posted at 12:44 PM by Howard Bashman


"Ellen Maria Reasonover was convicted in 1983 of killing James Buckley. Reasonover served over 16 years in prison, and was released in 1999 after her petition for writ of habeas corpus was granted." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today affirming a federal district court's grant of summary judgment in favor of the defendants on Reasonover's federal civil rights and state law claims arising from her wrongful conviction and imprisonment.

Earlier coverage of this matter is available online from The American Lawyer, The St. Louis Post-Dispatch, and Salon.com.
Posted at 11:44 AM by Howard Bashman



"Facelift Scheduled for Federal Courthouse": This article appears today in The New York Sun.
Posted at 11:25 AM by Howard Bashman


"My lawyer got me $1M, but I can't talk about it; Ad, legal world fight over testimonials": Yesterday's issue of The Newark (N.J.) Star-Ledger contained this article.
Posted at 11:05 AM by Howard Bashman


"Kavanaugh to reappear before Senate Judiciary Committee": This article appears today in The D.C. Examiner, along with an article headlined "Federal court nominee is Washington native."
Posted at 11:02 AM by Howard Bashman


"Update on Uighurs": Lyle Denniston has this post online at "SCOTUSblog."
Posted at 10:45 AM by Howard Bashman


"How can you choose who dies? The application of the ultimate punishment is inexact at best; Some say that is reason to abolish it." This article appears today in The St. Petersburg Times.

And today's edition of The Hartford Courant contains an article headlined "Capital Clumsiness: Ohio Case Is Latest In Line Of Bungled Executions."
Posted at 10:44 AM by Howard Bashman



"Blawg Review #56: Sex, Virtual Weddings, and Baseball." Available here, at "PointofLaw.com."
Posted at 08:50 AM by Howard Bashman


In today's edition of The National Law Journal: Marcia Coyle reports that "Tobacco pact may light up high court; AGs seek to save massive settlement."

And the Voir Dire column contains an item reporting that, at the recent judicial conference of the U.S. Court of Appeals for the Third Circuit, Justice David H. Souter "cheerfully broke the news that Alito had issued his first Supreme Court opinion--and that the staunch conservative had reversed a criminal conviction in North Carolina. 'A year from now will I read headlines, "No more Alitos?"' Souter wondered aloud."
Posted at 08:45 AM by Howard Bashman



"Is the Stock Ownership Recusal Requirement Too Unforgiving?" The brand new installment of my weekly "On Appeal" column for law.com can be accessed at this link.
Posted at 07:28 AM by Howard Bashman


"Even if he wins, Lay is not off hook; Bank fraud, false statement charges looming": Mary Flood has this article today in The Houston Chronicle.
Posted at 07:25 AM by Howard Bashman


"Bush Says He'd Like to Close Guantanamo": The Associated Press provides a report that begins, "President Bush says he would like to close the detention center in Guantanamo in Cuba, but is waiting for a U.S. Supreme Court ruling on whether inmates can face military tribunals." The complete transcript of President Bush's interview with a correspondent from ARD German Television can be accessed here.
Posted at 07:20 AM by Howard Bashman


"Do-it-yourself defendants: Self-representation may help some gain favorable verdicts." The Baltimore Sun today contains an article that begins, "Socrates and Joan of Arc did it. So did serial murderer Ted Bundy, Black Panther Bobby Seale, Long Island Rail Road murderer Colin Ferguson and, briefly, Zacarias Moussaoui, who was sentenced to life in prison last week for conspiring in the Sept. 11 attacks. They all defended themselves in court, a right that - with certain constitutional safeguards - is guaranteed in this country."
Posted at 07:15 AM by Howard Bashman


"Scared of Scoops": Law Professor Geoffrey R. Stone has this op-ed today in The New York Times.
Posted at 07:04 AM by Howard Bashman


"Reporters' Subpoenas Amount To 'War Against the Press'": Today in The New York Sun, Josh Gerstein has an article that begins, "The Bush administration has opened a new front in its war on leaks with an aggressive and unusual move to force two San Francisco Chronicle reporters to identify their sources for stories about secret grand jury testimony from a federal investigation of steroid use in professional baseball."
Posted at 06:58 AM by Howard Bashman


In the May 15, 2006 issue of The New Yorker: Hendrik Hertzberg has a Talk of the Town comment entitled "Sentenced" about the Zacarias Moussaoui case.

And Mitchell Zuckoff has an Annals of Crime essay entitled "The Perfect Mark: How a Massachusetts psychotherapist fell for a Nigerian e-mail scam."
Posted at 06:50 AM by Howard Bashman



In commentary available online today from FindLaw: Law Professor Douglas W. Kmiec has an essay entitled "The Moussaoui Trial, and Its Verdict: Life Imprisonment Was the Right Call by the Jury, But the Process Shows the President Is Right About Military Commissions."

And Elaine Cassel has an essay entitled "Defending The Zacarias Moussaoui Sentence: Why the Phase One and Phase Two Verdicts Were Consistent, And Why the Sentence Was the Right One."
Posted at 06:45 AM by Howard Bashman



"Republicans Stoke an Old Fire: Judicial Nominations." This article appears today in The New York Times.

And Financial Times reports today that "Bush faces a potential showdown over judges."
Posted at 12:34 AM by Howard Bashman



Philadelphia Phillies 9, San Francisco Giants 5: Thanks to a late arrival scheduled tomorrow for my son's elementary school, he was able to accompany me to tonight's Phillies game, where we saw both a victory for our home team and the 713th home run for Barry Bonds, putting him one shy of Babe Ruth's record. There was no doubt about the home run; it glanced off an advertisement at the base of the upper deck in right field in Citizens Bank Park. Bonds had one more at bat to try for number 714, but he struck out.

Although Major League Baseball may not be planning to officially commemorate the tying or passing of Babe Ruth's home run total, it was apparent that specially marked baseballs were used for Bonds's final at bat of the evening. The ball boy gave a supply of specially marked baseballs to the home plate umpire at the start of Bonds's final at bat, and then the ball boy took away the remaining specially marked baseballs, and replaced them with regular baseballs, following the strikeout.

Wraps of Sunday night's game can be accessed here and here, while the box score is available at this link. Special coverage of home run 713 can be found here, here, here, here, here, and here.
Posted at 12:28 AM by Howard Bashman



eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek