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Friday, August 10, 2007 Philadelphia Phillies 5, Atlanta Braves 4: My son and I were at Citizens Bank Park this evening to see the first of a three game series between the Braves and the Phillies. Each team scored four runs on five hits in the first inning, with each sending nine men to the plate in that inning. Yet from that point forward, each team's starting pitcher held the other team hitless and scoreless until departing from the game. Phillies starting pitcher Cole Hamels stayed in the game one inning longer than the Braves starting pitcher, and that enabled Hamels to earn his thirteenth victory of the season as the Phillies rallied for an unearned run off of Braves reliever Peter Moylan in the bottom of the seventh inning. Despite some tense moments, the Phillies bullpen managed to keep the Braves off the board for the final two innings to notch the victory. You can access the box score at this link, while wraps from MLB.com are available here and here. With the win, the Phillies move into second place in the National League East, just three games behind the New York Mets. And the Phillies remain one game out of the lead for the National League Wild Card spot, behind the San Diego Padres. My son and I also have tickets to the remaining two games in this series, so stay tuned for additional updates. "Supreme Court Allows Detainee Transfer": The Associated Press provides a report that begins, "The Supreme Court said Friday it would not prevent the U.S. from transferring an Algerian army veteran from Guantanamo Bay to his home country." Posted at 04:12 PM by Howard Bashman "To the extent our cases have predicated the reasonableness of an airport screening search upon either ongoing consent or irrevocable implied consent, they are overruled." So holds a fifteen-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit in a decision issued today. I too have criticized the implied consent approach to determining whether a search preceding entry into a place of public accommodation is reasonable. Let's hope in something other than the stock market given its performance over the past few days: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued a news release entitled "Judge N. Randy Smith Invested." Posted at 01:32 PM by Howard Bashman Fancy new stadiums for professional sports teams are expensive: That's one lesson to be learned from this decision that the U.S. Court of Appeals for the Eighth Circuit issued today, involving the Des Moines Menace Soccer Club. Posted at 12:40 PM by Howard Bashman "New Right to Life": Today in The Wall Street Journal, Roger Pilon has an op-ed that begins, "The wheels of justice turn slowly, especially for the dying. On Tuesday the D.C. Circuit, sitting en banc, reversed a 15-month-old decision by a panel of the court that had recognized a constitutional right of terminally ill patients to access potentially life-saving drugs not yet finally approved by the Food and Drug Administration." The text of the op-ed is also available, subscription-free, at this link. Posted at 12:33 PM by Howard Bashman "The Greenhouse Effect: Hurricane Linda blows C-SPAN cameras away." Gal Beckerman has this report today at the web site of the Columbia Journalism Review. More information about the program in question can be accessed on page 9 of this PDF document. Posted at 12:17 PM by Howard Bashman The weight of precedent: We admire appellate judges who are phat, but what about appellate judges who are merely fat? In his blog post titled "Social Obesity" this week at "The Becker-Posner Blog," Seventh Circuit Judge Richard A. Posner writes, "In my own ingroup of 16 judges (11 active members of my court, 4 senior members, and 1 nominee, who will replace an active member who will be taking senior status), only 2 are overweight (12.5 percent)." "Prepping the Court on the Second Amendment": Lyle Denniston has this post today at "SCOTUSblog." Posted at 10:27 AM by Howard Bashman Sixth Circuit refuses to allow officials to pursue an interlocutory appeal from the denial of qualified immunity where the denial occurred in the context of a ruling on the plaintiffs' motion for summary judgment: For whatever reason, the defendant-officials had failed to file their own motion for summary judgment asserting qualified immunity. You can access today's ruling at this link. Posted at 10:22 AM by Howard Bashman Sixth Circuit holds that district court permissibly refused to reopen time to file appeal for clients of lawyer who sought speedy district court ruling but then failed to monitor the district court's electronic docket to see whether the ruling had issued: Electronic case filing in the federal trial courts not only offers advantages, but also disadvantages, as this ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today demonstrates. Posted at 10:15 AM by Howard Bashman "Cop writes a ticket for giant sausage": The Chicago Tribune today contains an article that begins, "A massive hot dog clogged Chicago's main artery Thursday morning. In a rare occurrence of an encased-meat vehicle committing a traffic violation, Chicago police ticketed the Oscar Mayer Wienermobile for illegal parking on the Magnificent Mile." And in other coverage, The Chicago Sun-Times today contains an article that begins, "This hot dog had everything on it -- including a parking ticket." "Deported Canadian Was No Threat, Report Shows": The New York Times today contains an article that begins, "Canadian intelligence officials anticipated that the United States would ship Maher Arar, a Syrian-born Canadian who was detained in New York in 2002 on suspicion of terrorism, to a third country to be tortured, declassified information released on Thursday shows. Mr. Arar was sent by American intelligence officials in October 2002 to Syria, where he was tortured and jailed for a almost a year. Last September, an extensive Canadian inquiry concluded that the terrorism accusations against him were groundless." Today in The New York Sun, Joseph Goldstein has an article headlined "Documents: CIA Involved In a Deportation to Syria." And The Toronto Globe and Mail contains articles headlined "Arar tortured after RCMP handed files over to CIA"; "Tories take heat for trying to keep lid on facts; Government officials won't name cabinet ministers responsible for decision to cite national security, but say Harper was not involved"; "RCMP misled court in seeking phone warrant, judge found; Case naming El Maati lacked full context, O'Connor wrote in censored section"; "Unclear who in government knew about CSIS torture concerns"; "In intelligence work, foreign spies are kept under cover"; and "Iacobucci inquiry faces challenge; Three men imprisoned in Middle East question secretive process of probe." In addition, John Ibbitson has an essay entitled "Ottawa sacrificed Arar to save face with U.S., Syria." Last night, I linked here to various portions of the report. "Lawyers for Guantanamo detainees challenge warrantless wiretap law": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 08:15 AM by Howard Bashman "Rep. Jefferson's Papers: A court's sensible compromise on the searching congressional offices." The Washington Post contains this editorial today. Posted at 08:12 AM by Howard Bashman "Detainees Ruled Enemy Combatants": This article appears today in The Washington Post. Posted at 08:08 AM by Howard Bashman "Federal Effort on Web Obscenity Shows Few Results": Neil A. Lewis has this article today in The New York Times. Posted at 08:07 AM by Howard Bashman "Time Warner Wins Advertising Decision Vs. DirecTV": This article appears today in The New York Sun. And Reuters reports that "U.S. court upholds ban on some DirecTV ads." My earlier coverage of yesterday's Second Circuit ruling appears at this link. On this date in 1993: According to the popular "Today in History" feature from The Associated Press, on this date in 1993, "Ruth Bader Ginsburg was sworn in as the second female justice on the U.S. Supreme Court." Posted at 08:02 AM by Howard Bashman "High Court Reins in Class-Action Suits": Pete Yost of The Associated Press provides a report that begins, "A business-friendly Supreme Court, with encouragement from the Bush administration, has strengthened the hand of companies wanting to turn away lawsuits by investors who claim they lost money because of corporate misconduct." Posted at 07:58 AM by Howard Bashman "Barney Frank's Muse": The Wall Street Journal today contains an editorial that begins, "Barney Frank is a busy guy, so we suppose it's no great surprise that he used a ghost writer for his recent Supreme Court amicus brief in a big securities tort case. Imagine our surprise, however, to learn that the ghost is none other than tort kingpin Bill Lerach's favorite lobbying outfit." Posted at 07:50 AM by Howard Bashman "The So-Called Protect America Act: Why Its Sweeping Amendments to the Foreign Intelligence Surveillance Act Pose Not Only a Civil Liberties Threat, But a Greater Danger As Well." John W. Dean has this essay online at FindLaw. Posted at 07:33 AM by Howard Bashman  
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