How Appealing

Wednesday, June 17, 2009

"Circuit Assignments May Give Most High Court Justices 'Home Court' Advantage": law.com's Tony Mauro has this report. The article reminds me of an observation I offered on May 4, 2009.
Posted at 11:40 PM by Howard Bashman


"Voting rights verdict: Whatever the Supreme Court decides about the Voting Rights Act, Section 5 of the law is outdated." Abigail Thernstrom has this op-ed today in The Los Angeles Times.
Posted at 11:37 PM by Howard Bashman


"In '03, Hints of Skepticism by Sotomayor on Expanded Wiretapping": Charlie Savage has this article today in The New York Times.

And John Schwartz reports that "In Gun Case, Peers Support Sotomayor."
Posted at 11:35 PM by Howard Bashman



"Report on Bush Policy May Come In 'Weeks'; Probe Is Focused On Interrogation Program's Approval": Thursday's edition of The Washington Post will contain an article that begins, "A Justice Department report focusing on possible ethics violations by Bush administration lawyers who approved waterboarding of terrorism suspects is still 'a matter of weeks' from release, Attorney General Eric H. Holder Jr. told lawmakers yesterday."
Posted at 09:10 PM by Howard Bashman


"Vets can't get damages for computer breach": The Associated Press has a report that begins, "Two Vietnam veterans are not entitled to damages from a 2007 Department of Veterans Affairs computer security breach in Birmingham, Ala., an appeals court panel ruled Wednesday."

Circuit Judge Ed Carnes wrote today's opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.

The opinion begins, "Someone pulled off the trick of making an object disappear from a safe in a darkened office building over a cold and rainy weekend. Unfortunately, the magician never completed the trick by making it reappear. The missing object is hardly a stage prop. It is an external computer hard drive belonging to the Department of Veterans Affairs, which contained the unencrypted names, social security numbers, birth dates, and healthcare files of more than 198,000 living veterans."
Posted at 08:50 PM by Howard Bashman



"Merrill Lynch execs in Enron case can be retried": The Associated Press has a report that begins, "A federal appeals court says the retrial of three former Merrill Lynch & Co. executives connected to an Enron Corp. deal would not violate their constitutional protections against double jeopardy." According to the article, the case involves "Enron's sham sale of three power barges moored off the coast of Nigeria."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:27 PM by Howard Bashman



"If Frank Ricci Loses, Blame Scalia: Conservative judges are the ones who have made discrimination suits hard to win." Richard Thompson Ford has this jurisprudence essay online at Slate.
Posted at 08:10 PM by Howard Bashman


Second Circuit denies rehearing en banc of ruling that affirmed a federal death sentence imposed by a jury in Vermont, a State that lacks a death penalty: Today's order denying rehearing en banc was accompanied by a concurring opinion and three separate dissenting opinions.

Circuit Judge and U.S. Supreme Court nominee Sonia Sotomayor -- who seems to have suspended her activities as a Second Circuit judge pending the U.S. Senate's consideration of her nomination -- has not placed on the public record in connection with today's order how she voted.

Lastly, the dissenting opinion of Circuit Judge Rosemary S. Pooler reveals that she seems not to have received the memo announcing that the Second Circuit has finally abandoned "in banc" in favor of "en banc."
Posted at 08:02 PM by Howard Bashman



"Justices Drop Case on Third Restatement": The Legal Intelligencer has a news update (subscription required) that begins, "The state Supreme Court has declined to decide a case that seemed poised to be a vehicle for the justices to examine -- and possibly reshape -- Pennsylvania's products liability law. The move, which came in a one-line order today, puts an end to the speculation that the court would use Bugosh v. I.U. North America to introduce concepts of negligence into the strict liability doctrine currently employed by Pennsylvania's court system."

You can access yesterday's order of the Supreme Court of Pennsylvania dismissing the appeal as improvidently granted at this link. Two judges dissented from the dismissal, and you can access their quite lengthy dissent from the dismissal at this link.
Posted at 05:08 PM by Howard Bashman



"7th Circuit Affirms District Court in Valero Tax Workpapers Case": The "TaxProf Blog" has this post about a ruling that Circuit Judge Terence T. Evans issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 02:25 PM by Howard Bashman


"Professional discipline for convicted former judge Joyce not yet determined": This article appeared yesterday in The Erie (Pa.) Times-News.

Last week's order of the Supreme Court of Pennsylvania can be accessed here.
Posted at 01:48 PM by Howard Bashman



"State Supreme Court issues rule for veils in courtroom": The Detroit News has this update.

The Detroit Free Press has a news update headlined "State court: Judges can dictate witnesses' attire."

And The Associated Press reports that "Mich. court gives judges say in witnesses' dress."

Because I find the web site of the Supreme Court of Michigan especially difficult to navigate when it comes to locating newly issued decisions and opinions, I am not yet able to link to the new rule or the dissents from its promulgation. If a reader has located the correct links and can email them along, I'd be grateful.

Update: The proposed rule amendment adopted today can be viewed by clicking here.
Posted at 01:32 PM by Howard Bashman



Giving credit where credit is due: Credit for today's late start at blogging belongs in part to my son, whose middle school graduation ceremony occurred this morning. At the ceremony, he was recognized as one of only twelve students in his 8th grade class of over 350 students who received an "A" grade in every course for every quarter of all three years of middle school.
Posted at 01:25 PM 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