How Appealing

Friday, August 25, 2006

Programming note: As has happened each of the past four years since I began this blog in May 2002, I am again embarking on a week-long blogging break during the final week in August. If you find yourself in the vicinity of Margate, New Jersey and happen to see someone who resembles the author of this blog, I hope you'll say hello. New posts will appear here on September 2, 2006. Until then, readers are invited to let me know via email of news, court rulings, and developments that might be worthy of mention upon my return.
Posted at 10:40 PM by Howard Bashman


Available online from law.com: Shannon P. Duffy reports that "Bar Prep Co. Ordered to Pay $11.9M for Copying Multistate Exam Questions; Federal judge finds evidence of illegal copying 'practically leaps from the page.'" My earlier coverage appears at this link.

And a news report from Florida is headlined "Did a Federal Judge Cross a Legal Line for His Clerk?"
Posted at 10:35 PM by Howard Bashman



"Making Rain on the Net: Today's Web Offers a Wide World of Marketing Tactics, if You're Savvy." Jason Krause has this article in the August 2006 issue of the ABA Journal. The article contains a lengthy discussion of law blogs and even mentions me at one point.
Posted at 10:28 PM by Howard Bashman


"Jewish veterans, local ACLU latest to sue over cross": The San Diego Union-Tribune today contains an article that begins, "The local chapter of The American Civil Liberties Union filed suit yesterday to force the Mount Soledad cross to be moved in the latest challenge over the La Jolla landmark's constitutionality. The suit, filed in San Diego federal court on behalf of a national Jewish war veterans organization and three San Diego residents, is the newest development in an increasingly high-profile, 17-year legal battle over the cross."

And The Associated Press reports that "ACLU sues federal government in battle over San Diego cross."

You can access the complaint initiating suit at this link.
Posted at 08:54 PM by Howard Bashman



"La. Supreme Court upholds extension to file Katrina/Rita insurance claims": Raymond Ward has this post linking to the ruling at his "Minor Wisdom" blog.

And in other coverage, The Associated Press reports that "La. High Court Upholds Insurance Laws."
Posted at 08:42 PM by Howard Bashman



Three-judge Tenth Circuit panel rejects facial challenge to the adequacy of the judicial bypass exception to Oklahoma's newly-enacted statute requiring parental notification before a minor may receive an abortion: You can access today's ruling at this link.
Posted at 08:33 PM by Howard Bashman


"Should the U.S. Court of Appeals for the Ninth Circuit afford a presumption of reasonableness to within-Guidelines criminal sentences?" That was the title of my post from Wednesday of this week reporting on an order granting rehearing en banc in two Sentencing Guidelines cases that day.

Today, the Ninth Circuit issued a new order in those cases specifying the precise issues on which rehearing en banc has been granted and welcoming amicus briefs addressing those issues.
Posted at 08:20 PM by Howard Bashman



"La. Limit on Violent Video Games Blocked": The Associated Press provides this report.

Update: You can access the opinion at this link.
Posted at 03:50 PM by Howard Bashman



From the October 2006 issue of The Third Branch: An item headlined "Report Details Action On Judicial Accountability" begins, "In August 2006, the Executive Committee of the Judicial Conference sent to Chief Justice John G. Roberts Jr. a status report detailing the Conference's action on judicial ethics and accountability."

An item headlined "Advantages of Videoconferencing Grow with Use" notes that "The FJC surveyed 14 appellate court judges on their use and opinions of videoconferencing technology." You can also access online the complete "Report of a Survey of Videoconferencing in the Courts of Appeals."

And an item headlined "Access As Easy As Tuning In" begins, "The next time you see someone pop on the headphones and get that faraway look in his or her eyes, don't be so sure it's a tune that's beguiling them. It just may be the latest oral arguments from the Seventh Circuit."
Posted at 03:25 PM by Howard Bashman



"Why I need to see child porn: It's outrageous that academics and reporters like me can be thrown in prison for doing front-line research into pornography." Debbie Nathan has this essay online today at Salon.com.

Update: For whatever reason, it appears that Salon.com (at least for the time being) has taken this article off-line. It further appears that at least one blog has reprinted much if not all of the essay.

Second update: Salon.com has now posted a "Correction" explaining why the opinion piece has been removed from that web site.
Posted at 03:14 PM by Howard Bashman



"Bar Prep Company Ordered to Pay $11 Mil. for Copying Questions": Shannon P. Duffy of The Legal Intelligencer provides this news update (free access). My earlier coverage appears here.
Posted at 03:12 PM by Howard Bashman


"What's a Wetland, Anyhow?" This editorial about the U.S. Supreme Court's recent ruling in Rapanos v. United States appears in today's issue of Science magazine.
Posted at 01:05 PM by Howard Bashman


"Judge J. Clifford Wallace to Receive Prestigious Devitt Award for Judicial Service": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
Posted at 12:27 PM by Howard Bashman


"May we see your photos please?" Fans of the Late Show with David Letterman are likely familiar with that recurring feature. Today, in an opinion you can access here, the U.S. Court of Appeals for the Eighth Circuit addresses whether the U.S. Supreme Court's ruling earlier this year in Georgia v. Randolph applies to a search of a home computer's files for child pornography.

In the case decided today, the majority holds that where a husband is arrested at work and denies consent to search his home computer, the wife who's at home with the computer lacks the ability to override the husband's refusal by consenting to the search. The dissenting opinion argues that the Randolph case ought not be applied under the circumstances and that the effect of today's ruling will discourage law enforcement officers "in seeking consent, to bypass the suspect lest the suspect refuse consent, and instead seek only the consent of an authorized co-occupant."
Posted at 12:20 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "DeLay Says Courts Erred in Ballot Ruling"; "Court Upholds President's Authority"; and "American Indians Advance Trust Case."
Posted at 11:04 AM by Howard Bashman


Who needs law school? Virginia woman becomes member of the bar through that State's law-reader program: The Free Lance-Star of Fredericksburg, Virginia today contains an article headlined "Raising the bar: New lawyer didn't go to law school; Spotsylvania County woman becomes lawyer through special Virginia program."
Posted at 10:58 AM by Howard Bashman


Sixth Circuit acknowledges that a motion requesting an extension of time in which to file a notice of appeal can itself serve as a notice of appeal, but the would-be-appellants in the case decided today are unable to benefit from that rule: Circuit Judge Jeffrey S. Sutton issued this decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 10:55 AM by Howard Bashman


"Waco ordinance against congregating near schools struck down, anti-abortion protesters celebrate": This article appears today in The Waco Tribune. Chief Judge Edith H. Jones wrote yesterday's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 10:45 AM by Howard Bashman


"Bush Administration Opposes Integration Plans; The solicitor general urges the Supreme Court to scrap schools' voluntary programs that exclude some students because of their race": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:23 AM by Howard Bashman


"U.S. Frees Longtime Detainee; Court Had Ruled In Favor of Turk": The Washington Post today contains an article that begins, "A German native who was imprisoned by the U.S. military at Guantanamo Bay, Cuba, was released Thursday, more than 18 months after a federal judge in Washington ruled there was insufficient evidence to detain him."
Posted at 08:20 AM by Howard Bashman


Available online from law.com: An article reports that "Baseball a Risky Business -- for Spectators."

And Judith A. Moldover has an essay entitled "Maddened by Makeup: Gender-based appearance policies, such as makeup requirements, have some employees donning war paint."
Posted at 08:05 AM by Howard Bashman



"Judge Denies Former CIA Officer's Request To Keep Her Home Address a Secret": Josh Gerstein has this article today in The New York Sun. My earlier coverage is at this link.
Posted at 08:00 AM by Howard Bashman


"A Clash Between Two Cases Involving Equality and Religious Speech: How the U.S. Court of Appeals for the Fourth Circuit's Decisions Are Inconsistent." Marci A. Hamilton has this essay online at FindLaw.
Posted at 07:58 AM by Howard Bashman


Minnesota Twins 11, Baltimore Orioles 2: My son and I just returned home from Baltimore, where we attended Thursday night's baseball game at Oriole Park at Camden Yards. When my wife and I were recently at the Minneapolis-St. Paul International Airport, we bought my son a Minnesota Twins t-shirt featuring Joe Mauer's name and number, and my son picked the perfect time to wear the shirt last night, as the player who possesses Major League Baseball's best batting average had a great night, going 3-for-4 at the plate with four RBIs. You can access the box score at this link, while wraps are available here and here.
Posted at 12:15 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