How Appealing

Wednesday, July 12, 2006

"Administration Prods Congress to Curb the Rights of Detainees": Thursday's edition of The New York Times will contain this article. Today's newspaper, meanwhile, contained an article headlined "White House Says Terror Detainees Hold Basic Rights" and a news analysis headlined "Terror and Power: Bush Takes a Step Back." The newspaper also contains an editorial entitled "The Rule of Law: Recognizing the Power of the Courts, Finally."

The Washington Post on Thursday will contain an article headlined "Battle Looms In Congress Over Military Tribunals." Today's newspaper, meanwhile, reported that "U.S. Shifts Policy on Geneva Conventions; Bowing to Justices, Administration Says It Will Apply Treaties to Terror Suspects." And Dana Milbank's "Washington Sketch" column was headlined "It's Bush's Way or the Highway on Guantanamo Bay."

The Los Angeles Times provides a news update headlined "Military Justice Idea Rejected for Alleged Terror Defendants." And today's newspaper reports that "Administration Says It's Meeting Geneva Convention Standard; Though acknowledging convention protections apply to detainees, Bush hits resistance in Congress by declaring treatment won't change."

McClatchy Newspapers report that "Bush administration insists Congress ratify military tribunals."

The Chicago Tribune today contains articles headlined "U.S. relents on Gitmo detainees; Geneva Conventions will apply to inmates" and "Time to close Guantanamo jail, Durbin says."

The Miami Herald today contains an article headlined "U.S.: Geneva rules apply to Guantanamo detainees; As hearings addressed new rules for military tribunals, the Bush administration reversed policy to include Geneva Convention protections for detainees."

Today in The New York Sun, Josh Gerstein reports that "Resistance Arises to Bush's Plan For Trying the Qaeda Prisoners."

The Boston Globe reports today that "Bush urges Congress to ratify military tribunals; Judiciary panel vows policy review."

USA Today contains an article headlined "Geneva Conventions cover Gitmo detainees; President asks Congress to help set up tribunal system."

The Washington Times contains an article headlined "Geneva cover for Gitmo detainees."

And The Hill on Thursday will report that "Congress takes a go-slow approach to detainee trials."
Posted at 11:33 PM by Howard Bashman



"Congress Isn't a Criminal Hide-Out: A judge's ruling means legislators, like ordinary citizens, have to comply with lawful searches." This editorial appears today in The Los Angeles Times.

And The New York Times today contains an editorial entitled "The Rule of Law: Limits of Congressional Rights."
Posted at 11:24 PM by Howard Bashman



"Trials and Tribulations: What to Expect While Taking the Bar Exam." Jeremy Blachman, whose novel "Anonymous Lawyer" will arrive in bookstores on July 25th, now has this essay (pass-through link) at The Wall Street Journal Online.
Posted at 11:05 PM by Howard Bashman


"Court Has No Place in Dispute Between Rabbis, Ruling Says": Jennifer 8. Lee has this article today in The New York Times. The blog "Religion Clause" provides links to the rulings in a post you can access here.
Posted at 10:55 PM by Howard Bashman


"Apple abandons effort to unmask leaker": Declan McCullagh of c|net News.com provides this report.
Posted at 10:50 PM by Howard Bashman


"Drop Special Plate Program": The Hartford Courant today contains an editorial that begins, "Surprise, surprise. Officials at the state Department of Motor Vehicles have reinstated the special 'Choose Life' license plates sponsored by The Children First Foundation, a pro-adoption, anti-abortion group based in New York."
Posted at 10:38 PM by Howard Bashman


Now she's neither a good witch nor a bad witch: The Washington Post reports today that "After Toil and Trouble, 'Witch' Is Cleared; Va. Resident's Quest Leads to Pardon for Woman Convicted in 1706."

The Virginian-Pilot reported yesterday that "'Witch of Pungo' pardoned by governor after 300 years."

And yesterday's edition of The Richmond Times-Dispatch contained an article headlined "Ding dong, the stigma's gone; Kaine clears name of Va. woman convicted of witchcraft 300 years ago."
Posted at 10:35 PM by Howard Bashman



"At U.S. Urging, Court Throws Lamberth Off Indian Case": This article appears today in The Washington Post.

The New York Times reports today that "Appeals Panel Removes Judge Presiding Over Indian Lawsuit."

And in The Los Angeles Times, Henry Weinstein reports that "Appeals Court Removes Judge from Indian Trust Fund Case; The government is also reprimanded for what justices call 'deplorable' money mismanagement."
Posted at 10:30 PM by Howard Bashman



"EEOC Moves to Compel Testimony on Changing Sidley Partners' Status": law.com provides this report.
Posted at 10:09 PM by Howard Bashman


"Va. Death Row Inmate Chooses Electrocution": The Associated Press provides this report.
Posted at 06:08 PM by Howard Bashman


"Berkeley Sea Scouts Ask Nation's Highest Court to Review California S.C. Ruling on Free Berthing": Today's issue of Metropolitan News-Enterprise contains this article.
Posted at 06:07 PM by Howard Bashman


"Justice laments sentencing rules; Anthony M. Kennedy addresses fellow judges at a 9th Circuit conference": This article appeared yesterday in The Orange County Register.
Posted at 06:05 PM by Howard Bashman


Why split the Ninth Circuit? At the risk of seeming to dwell too intently on this issue (which after all is the topic of my law.com essay this week), I've posted at this link (large PDF file) an updated appendix of statistics and other circuit split-related information that Ninth Circuit Judge Diarmuid F. O'Scannlain has assembled. The information is updated as of July 1, 2006.

Update: To appreciate the anti-split side of the argument, be sure to visit this impressive collection of links at Earthjustice's website.
Posted at 05:55 PM by Howard Bashman



Felons are prohibited from possessing firearms and ammunition, but apparently antique firearms are exempted from the prohibition: Today the U.S. Court of Appeals for the Seventh Circuit issued a decision addressing whether a felon is in violation of federal law if the antique firearm the felon is in lawful possession of happens to contain ammunition.
Posted at 05:40 PM by Howard Bashman


"Hate and Marriage: Same-sex marriage setbacks may not be all bad news for gay rights." Law Professor Richard Thompson Ford has this jurisprudence essay online at Slate.
Posted at 05:33 PM by Howard Bashman


What is "direct" evidence, and is it really any different from "circumstantial" evidence? Seventh Circuit Judge Richard A. Posner issued this interesting opinion today on behalf of a unanimous three-judge panel of that court.
Posted at 03:25 PM by Howard Bashman


"The question here is whether the rule of necessity applies when a plaintiff, like Ignacio, has sued all the members of the Ninth Circuit, thereby making it impossible for the circuit to convene a three-member panel consisting of Ninth Circuit judges that are not a party to this suit." In an opinion issued today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit "hold[s] that the rule of necessity applies when, like here, a litigant indiscriminately sues all the judges of the Ninth Circuit." And, as a result, three Ninth Circuit judges were permitted to hear and decide the appeal despite having been identified as defendants in the lawsuit under review.
Posted at 03:22 PM by Howard Bashman


Fourth Circuit nominee Terrence W. Boyle responds by letter to an inquiry from Senate Majority Leader William H. Frist, M.D. (R-TN) and Senate Judiciary Committee Chairman Arlen Specter (R-PA): I have posted a copy of Judge Boyle's letter at this link.

Update: The Associated Press reports that "Judicial Nominee Acknowledges Oversight."
Posted at 02:35 PM by Howard Bashman



Ninth Circuit announces its ruling in Pebble Beach Co. v. Caddy: In this instance, Caddy is not some guy who wants to help by carrying your golf clubs and offering advice on how to play the course. Rather, he's a resident of the United Kingdom who operates a three-room bed and breakfast located on a cliff overlooking the pebbly beaches of England's south shore.

According to today's opinion, "The name of Caddy's operation is 'Pebble Beach,' which, given its location, is no surprise. Caddy advertises his services, which do not include a golf course, at his website, www.pebblebeach-uk.com." Today's decision holds that a California-based federal district court correctly held that it lacked personal jurisdiction over Caddy and therefore properly dismissed Pebble Beach's lawsuit under the Lanham Act and the California Business and Professions Code for intentional infringement and dilution of its "Pebble Beach" mark. The plaintiff's web site advertising its world-famous California golf course, and more, can be accessed here.
Posted at 01:35 PM by Howard Bashman



"Government Wins Appeal in Coltec Tax Shelter Case": The "TaxProf Blog" offers this post about a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. To quote one "How Appealing" reader who has emailed about the ruling, the decision is "interesting because it tackles an issue of purposive (v. literal) construction of the tax statute."
Posted at 12:27 PM by Howard Bashman


"Report Card from the U.S. Supreme Court: How the Third Circuit Fared in the October 2005 Term." This month's installment of my "Upon Further Review" column, published Monday in The Legal Intelligencer, can now be freely accessed online at this link.
Posted at 12:22 PM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Detainee Questions Trip Federal Court Nominee" (featuring Nina Totenberg) and "Former Military Lawyer Judges Geneva Memo." RealPlayer is required to launch these audio segments.
Posted at 11:55 AM by Howard Bashman


"Senate Judiciary Cmte. Hearing on Hamdan v. Rumsfeld": Via C-SPAN, you can access archived video of yesterday's hearing by clicking here (RealPlayer required).

And at the "Georgetown Law Faculty Blog," Marty Lederman has an interesting post titled "Top Ten Myths About Hamdan, Geneva, and Interrogations."
Posted at 11:50 AM by Howard Bashman



Making a federal case of it: The Louisville Courier-Journal yesterday published an article headlined "Blogger sues Fletcher over Web policy; Mark Nickolas' internet site blocked on state workers' computers." The newspaper has posted at this link a copy of the complaint initiating that lawsuit in federal district court.
Posted at 11:38 AM by Howard Bashman


The state of the Federal Circuit: The U.S. Court of Appeals for the Federal Circuit has posted online the text of remarks that Chief Judge Paul R. Michel delivered recently at the Federal Circuit Bar Association Annual Conference.
Posted at 11:33 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Skakel to Appeal to U.S. Supreme Court"; "Inmates Sue to Overturn Nude Magazine Ban"; "Republicans Want Court to Hear DeLay Case"; "Mass. to Weigh Challenge to Gay Marriage"; and "Authors Who Lost 'Da Vinci' Case to Appeal."
Posted at 11:18 AM by Howard Bashman


"Hearing stormy for judicial nominee; A GOP senator is skeptical of Haynes' explanation of his role in interrogation policies": This article appears today in The Richmond Times-Dispatch.

Today in The Washington Post, Charles Lane reports that "GOP Senator Criticizes Appeals Court Nominee."

The New York Times reports that "Bush Nominee Tries to Calm Torture Furor." In addition, columnist Maureen Dowd has an op-ed entitled "He Let the Dogs Out!" (TimesSelect subscription required).

And The Washington Times reports that "Democrats likely to filibuster nominee."
Posted at 06:33 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