How Appealing

Tuesday, September 26, 2006

Linda Greenhouse makes controversial public remarks in speech accepting an award at Radcliffe in June 2006, and National Public Radio attempts to make a big deal of it now: This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Critics Question Reporter's Airing of Personal Views" (RealPlayer required).

You can access the text of Greenhouse's remarks at this link. You can view video of Greenhouse's remarks by clicking here (RealPlayer required; the remarks begin 27 minutes into video segment). And NPR has posted online audio of Greenhouse's remarks at this link (RealPlayer required).

On June 8, 2006, Radcliffe issued a press release entitled "Linda Greenhouse ’68 Wins 2006 Radcliffe Institute Medal; New York Times Correspondent to Be Honored June 9 at Radcliffe Day Luncheon." And the June 15, 2006 issue of the Harvard Gazette contained an article headlined "Greenhouse sings the blues; Radcliffe medalist decries lack of activism."
Posted at 08:58 PM by Howard Bashman



"Part of Bush's Anti-Terror Plan Stalled": The Associated Press provides this report.
Posted at 08:27 PM by Howard Bashman


"Doctor's call-up by Army is halted; She opposes war, seeks discharge": The Boston Globe contains this article today.
Posted at 08:20 PM by Howard Bashman


"A last hurdle for bill on detainees: access to US court; Votes are expected by week's end on trials for war-on-terror suspects." This article will appear Wednesday in The Christian Science Monitor.
Posted at 06:05 PM by Howard Bashman


Fifth Circuit nominee Michael B. Wallace has just concluded his testimony before the Senate Judiciary Committee: Still to come on the agenda, the testimony of the critics and supporters of Fifth Circuit nominee Michael B. Wallace. You can view the hearing live, online by clicking here (RealPlayer required).
Posted at 05:30 PM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Day to Day" contained an audio segment entitled "Court to Tackle Tough Cases in New Session" featuring Dahlia Lithwick.

And today's broadcast of "Morning Edition" contained an audio segment entitled "Security Bills Eyed Ahead of Campaign Break."

RealPlayer is required to launch these audio segments.
Posted at 05:25 PM by Howard Bashman



"Forget Nuremberg: How Bush's new torture bill eviscerates the promise of Nuremberg." Law Professor David J. Luban has this jurisprudence essay online at Slate.
Posted at 05:20 PM by Howard Bashman


"Children's Hearsay Statements and Probable Cause": Juan Non-Volokh has this post today at "The Volokh Conspiracy" concerning an interesting decision that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 05:12 PM by Howard Bashman


Today's Third Circuit oral argument: Just wanted to write a quick note about today's oral argument, which I thought went well. Today was my first appearance before Circuit Judge Michael A. Chagares, whose tenure on the Third Circuit began in April of this year. I was impressed with his understanding of my case and his pleasant demeanor. I think he will do a fine job replacing one of my favorite former Third Circuit judges, Michael Chertoff.

Circuit Judge Marjorie O. Rendell, who presided over today's oral arguments, seemed to have a better grasp of the record in most of today's cases than the lawyers who were arguing the cases. This is especially impressive, because Judge Rendell in her spare time serves as First Lady of Pennsylvania.

And, for reasons that a simple Westlaw search will reveal, I am always glad to see Senior Judge Jane R. Roth on my Third Circuit panel.

I was very pleased to see that the Third Circuit's main oral argument courtroom, the Albert Branson Maris Courtroom, now is home to the portrait of the judge for whom I clerked. It also appears that you no longer need to be a deceased Third Circuit judge to have your portrait on the walls of one of its courtrooms, as the Maris Courtroom now includes the portrait of one of the Third Circuit's female judges.

The final case argued today looks quite interesting, but because my case was argued second to last, I did not get a chance to stay for that oral argument.

Finally, let me thank my client's trial counsel who so kindly provided me after the argument with a six-pack of Czechvar, the beer known throughout most of the world as Budweiser Budvar Czech Premium Lager. The gift was in commemoration of this blog's sporadic coverage of the ongoing USA Budweiser vs. Czech Budweiser trademark dispute.

Update: A reader who works in the Third Circuit's library emails to advise that the portrait of the female judge on display in the Maris Courtroom is of Third Circuit Judge Carol Los Mansmann, who died in 2002.
Posted at 04:58 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "House Won't Open Courts in Land Cases"; "Judge to Weigh Evidence in CIA Leak Case"; and "Courtroom Interpreters in Short Supply."
Posted at 03:58 PM by Howard Bashman


"More Details of Wone Investigation": Legal Times provides a news update (free access) that begins, "Police have seized computers and other electronics from the Dupont Circle home in Northwest Washington where lawyer Robert Wone was stabbed to death Aug. 2, according to an affidavit in a search warrant for the house that was recently made public."
Posted at 03:55 PM by Howard Bashman


Today's U.S. Supreme Court Order List: You can access the Order List at this link. The Court today granted review in nine cases.

At "SCOTUSblog," Lyle Denniston reports that "Court grants nine cases."

The Associated Press provides reports headlined "High Court to Hear Case About Union Dues"; "Justices to Weigh Deportation Authority"; "Court Accepts Ariz. Death Penalty Appeal"; and "Court to Hear Credit Notification Appeal."

Reuters provides reports headlined "US court to hear appeal by insurers on credit law" and "Top court to decide death penalty lawyer case."
Posted at 03:50 PM by Howard Bashman



This afternoon's Senate Judiciary Committee confirmation hearing for two quite controversial nominees is now underway: You can watch the hearing, live online, by clicking here (RealPlayer required). The hearing began just twelve minutes ago and the nominees are now being introduced. My earlier coverage of this afternoon's hearing can be accessed via this link.
Posted at 03:42 PM by Howard Bashman


Perhaps not the best day to be named "The Paris Hilton of the Federal Judiciary": Today, David Lat has this post at his new blog, "Above the Law," identifying the "winner" of that title.

Also today, The Associated Press reports that "Paris Hilton Charged With DUI in Calif."
Posted at 03:40 PM by Howard Bashman



Programming note: I'll be presenting oral argument today to a three-judge panel of the U.S. Court of Appeals for the Third Circuit. Additional posts will appear here this afternoon.

As noted in this post at "SCOTUSblog," the Supreme Court of the United States could issue an Order List today announcing grants of review from the Court's "long conference." If that in fact occurs today, "SCOTUSblog" undoubtedly will provide prompt coverage. Once the Court posts the Order List online, you can access that document via this link (or, perhaps, directly by clicking here).
Posted at 07:55 AM by Howard Bashman



"O'Connor 'Conversation' is Candid, Inspiring": Wake Forest University School of Law issued this news release yesterday.
Posted at 07:48 AM by Howard Bashman


"Video Maker Pleads Guilty; The case stems from the use of underage girls in soft-core 'Girls Gone Wild' footage; The judge imposes a $500,000 fine": This article appears today in The Los Angeles Times.
Posted at 07:47 AM by Howard Bashman


"U.S. Judge to Open Rigorous Review of Lethal Injection; Federal judge will open four days of hearings focusing on a killer's claim that lethal injection is cruel and unusual punishment": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 07:44 AM by Howard Bashman


"Judges React To Court Access Proposals": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 07:35 AM by Howard Bashman


"Judge rules up to 50M can sue in tobacco case; Class-action status granted to suit over ‘light' smokes": USA Today contains this article today.

And The New York Sun today contains an editorial entitled "Blowing Smoke."
Posted at 06:48 AM by Howard Bashman



"Detainee Measure to Have Fewer Restrictions; White House Reaches Accord With Lawmakers": This front page article appears today in The Washington Post. The newspaper also contains an editorial entitled "A Case for Appeal: Abuse of foreign detainees cannot be checked if courts are denied supervision."

The New York Times today contains articles headlined "G.O.P. Reaches Tentative Deal on Domestic Spying Legislation" and "Security and War Take Center Stage as Campaign Break Nears."

The Los Angeles Times contains articles headlined "Wiretap, Tribunal Bills Get Senatorial Shuffle; Specter wants to amend detainee legislation. Three in the GOP get on board for wiretapping" and "Guantanamo's Uneasy Ramadan; Tensions and religious teaching mix at prison, as a court challenge calls for Muslim chaplains."

USA Today reports that "Deal on terror suspects hits new snag; Provision on access to courts criticized." And DeWayne Wickham has an op-ed entitled "Two terror cases expose Bush's double standard."
Posted at 06:45 AM by Howard Bashman



"Lynne Stewart Eavesdropping Request Revisited": The New York Sun today contains an article that begins, "A lawyer for the federal government told a federal judge yesterday that attorney Lynne Stewart, who faces prison time for aiding a terrorist whom she represented, does not have 'a need to know' whether the government eavesdropped on her without a warrant."
Posted at 06:40 AM by Howard Bashman


Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Written ruling reiterates plan to jail reporters; Law requires they reveal confidential source, judge says" (I have posted online a copy of the ruling at this link) and "Judge debating state execution procedure respected by lawyers."
Posted at 06:33 AM by Howard Bashman


"J.P. Morgan & Co. Sued for Profiting From Slavery": Dow Jones Newswires provide a report that begins, "J.P. Morgan Chase & Co. and Bank of America Corp. are among 18 corporate defendants named in a slave-reparations case to be heard tomorrow in the Seventh Circuit Court of Appeals in Chicago."
Posted at 06:30 AM by Howard Bashman


"Censored Affidavit Issued in National Security Case": The New York Times contains this article today.
Posted at 06:27 AM by Howard Bashman


"Delivering Small-Town Justice With a Mix of Trial and Error": This article appears today in The New York Times.
Posted at 06:23 AM by Howard Bashman


In commentary available online from FindLaw: Joanne Mariner has an essay entitled "Gagging the Detainees."

And Aziz Huq has an essay entitled "How The Military Commissions Act of 2006 Threatens Judicial Independence: Attempting to Keep the Courts Out of the Business of Geneva Conventions Enforcement."
Posted at 06:18 AM by Howard Bashman




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