How Appealing

Thursday, October 4, 2007

"Congress Seeks Secret Memos On Interrogation": This front page article will appear Friday in The Washington Post.

And The New York Times on Friday will report that "Debate Erupts on Techniques Used by C.I.A."
Posted at 10:50 PM by Howard Bashman



"High Court's Fraud Case Widely Seen as Stand-In for Enron": Carrie Johnson and Robert Barnes will have this article Friday in The Washington Post.
Posted at 10:48 PM by Howard Bashman


View online, on-demand the video of Chief Justice John G. Roberts, Jr.'s remarks last month at the Newhouse III dedication in Syracuse, New York: You can view the Chief Justice's more extensive, indoor remarks by clicking here. His remarks at the outdoor dedication ceremony can be accessed here. Windows Media Player is required to launch these video segments.

I previously collected press coverage of the event at this link.
Posted at 10:18 PM by Howard Bashman



"Will Blogs Supplant Legal Journals?" law.com provides this report on a panel discussion that occurred last month at the Santa Clara Law School.

You can view archived video of the panel discussion by clicking here (Windows Media Player required).
Posted at 10:07 PM by Howard Bashman



"Senate confirms Harris County judge for appeals court": The Associated Press provides a report that begins, "The U.S. Senate has confirmed Jennifer Walker Elrod for a spot on the 5th U.S. Circuit Court of Appeals."
Posted at 10:00 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Memos Reportedly Authorized Harsh Interrogation"; "White House Reacts to Interrogation Claims"; "Montana Town Awaits Asbestos Trial"; and "Clarence Thomas Takes a Chance on Memoir" (RealPlayer required).
Posted at 06:35 PM by Howard Bashman


"Congress Wary of Domestic Policing Plan; Civil War Era Law May Prohibit Use of Military's Satellites": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "The Bush administration's hopes of using military satellites for domestic law enforcement has hit an unlikely obstacle: a 19th century law passed in the wake of the Civil War. The statute in question is the Posse Comitatus Act that Congress passed in 1878 in reaction to concerns from former Confederate states that Union forces would seek to supervise elections in occupied areas."
Posted at 06:14 PM by Howard Bashman


"Injection Injunction: Are we just one tweak away from the perfect execution method?" Jacob Sullum has this essay online at Reason.
Posted at 05:35 PM by Howard Bashman


An interview with Justice Clarence Thomas was part of today's broadcast of the Laura Ingraham Show: You can listen to the program by clicking here or download the audio in mp3 format via this link (12.5 MB audio file).

And yesterday evening's broadcast of the PBS program "NewsHour with Jim Lehrer" contained a segment entitled "Supreme Court Justice Thomas Speaks Out in New Autobiography" (transcript with links for audio and video).
Posted at 05:17 PM by Howard Bashman



"The Impending Judicial Crisis: How Politics and Indifference are Destroying Our Federal Courts." Law Professor A. Benjamin Spencer and law students Capri M. Miller and Lesley E. McCall have posted this article (abstract with link for download) online at SSRN (via "Legal Theory" blog).
Posted at 04:50 PM by Howard Bashman


In news from Nevada: The Reno Gazette-Journal provides news updates headlined "Judge orders Mack trial moved to Las Vegas"; "Judge explains why he moved Mack trial"; "Darren Mack questioned about trial move"; and "Lawyers understand moving Mack trial."

In addition, The Associated Press reports that "Vegas lawyers glad Mack case going there."
Posted at 04:35 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Newspaper Finds Justice Authorized Torture in 2004" and "'Three Strikes' Law Packs California Prisons" (RealPlayer required).
Posted at 04:24 PM by Howard Bashman


"Washington Gun Ban Under Fire": The Associated Press provides this report, which mentions that "the high court could issue its first direct ruling on the Second Amendment in 70 years, solidifying some of the nation's toughest gun laws or exposing them to a torrent of new challenges."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court urged to hear D.C. gun case" -- by the parties who prevailed before the D.C. Circuit, no less.
Posted at 04:05 PM by Howard Bashman



Ninth Circuit reinstates, in part, lawsuit seeking to hold airlines liable for injuries to passengers who developed deep vein thrombosis: You can access today's ruling at this link.

Today's ruling affirms the dismissal of the passengers' state law failure to warn claim but reinstates for further factual development the passengers' seating configuration claim, which asserts that the airlines provided an unsafe seating configuration by limiting each passenger's legroom.
Posted at 03:58 PM by Howard Bashman



"Selective Justice in Alabama?" Adam Zagorin has this article today at Time magazine's web site.
Posted at 03:32 PM by Howard Bashman


Clarence Thomas on "Being a Justice": ABC News correspondent Jan Crawford Greenburg has this post this afternoon at her "Legalities" blog.
Posted at 03:30 PM by Howard Bashman


"White House Denies Torture Assertion": Lara Jakes Jordan of The Associated Press provides a report that begins, "House Democrats demanded Thursday that the Justice Department turn over two secret memos that reportedly authorize painful interrogation tactics against terror suspects - despite the Bush administration's insistence that it has not violated U.S. anti-torture laws."

And at CNN.com, Terry Frieden reports that "Debate rages over secret Justice memo on torture."
Posted at 03:23 PM by Howard Bashman



"Policing sex-toy ban is not seen as high priority": The Tuscaloosa News today contains an article that begins, "While it's now against the law to sell sex toys in Alabama, enforcement of the law doesn't seem to be high on officials' list of threats to society."
Posted at 12:38 PM by Howard Bashman


"Appeals Court Leans Toward TiVo": The AP provides this report on a case argued today before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit.
Posted at 12:35 PM by Howard Bashman


"Senate Panel Approves Press Shield Bill": The Associated Press provides a report that begins, "The Senate Judiciary Committee on Thursday advanced a bill to shield reporters from being forced to reveal their sources in federal court, setting up a floor fight between supporters and Bush administration allies who believe the measure would harm national security."
Posted at 12:32 PM by Howard Bashman


"Clarence Thomas Unplugged": At her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post that links to two online video segments (access them here and here) described as parts one and two of "the 'Director's Cut' version of [her] Clarence Thomas report for Nightline." Jan's post explains that "It's a special extended version and adds some extraordinary material we had to trim from the broadcast Monday night, including Thomas' thoughts on being cast as a 'follower' of Justice Antonin Scalia and his response to those who said he was not a worthy successor to Thurgood Marshall."

Jan's post concludes, "Over the next few days, I'll be posting additional segments that explore Thomas as a Justice, including his thoughts on the usefulness of oral argument, why he believes the Constitution is 'color-blind,' and how he really feels about stare decisis."
Posted at 12:30 PM by Howard Bashman



"Republicans seek quicker action on judges from the White House": The Hill today contains an article that begins, "Senate Republicans are growing increasingly concerned that the White House is dragging its feet in nominating judges to the federal bench, with some saying that the lack of nominees could undermine election-year GOP arguments of Democratic obstructionism."
Posted at 12:23 PM by Howard Bashman


"Officials: Justice's house fire intentional; No charges are filed in blaze that gutted home of judge on Texas Supreme Court." The Houston Chronicle today contains an article that begins, "The June fire that destroyed the Spring home of Texas Supreme Court Justice David Medina was intentionally set, the Harris County Fire Marshal's Office ruled Wednesday. Investigators would not comment on a motive for the arson, which destroyed a neighboring house and damaged a third, chief investigator Dan Given said Wednesday afternoon."
Posted at 10:44 AM by Howard Bashman


"Lethal injection won't go away, experts say; If chemical cocktail is ruled cruel and unusual, states likely to just adjust mix": This front page article appears today in The Houston Chronicle.

And yesterday at "SCOTUSblog," Lyle Denniston had a post titled "Court drops one issue on lethal injection." Yesterday's order of the U.S. Supreme Court can be viewed at this link.
Posted at 10:42 AM by Howard Bashman



"Law prof. borrows text for book": The Yale Daily News today contains an article that begins, "Several passages in Yale Law School professor Ian Ayres' '81 LAW '86 newest book are unattributed verbatim reproductions or nearly identical paraphrases of passages from various newspaper and magazine articles published in the last twenty years, an investigation by the News has shown."

In a review of the book -- "Super Crunchers: Why Thinking-by-Numbers Is the New Way to Be Smart," by Law Professor Ian Ayres -- that David Leonhardt wrote for the September 16, 2007 issue of The New York Times Sunday Book Review, Leonhardt accused Ayres of including in the book "two sentences about a doctor in Atlanta that were nearly identical to two sentences I wrote in this newspaper last year."
Posted at 09:14 AM by Howard Bashman



"Suit may spur greater Web access for blind; As more transactions move online, the case could prompt businesses and the government to adjust their pages": This article appears today in The Los Angeles Times.

My earlier coverage of Tuesday's ruling of the U.S. District Court for the Northern District of California appears at this link.
Posted at 09:04 AM by Howard Bashman



"Judge says U.S. must alert lawyer on detainee transfer; The ruling comes as the Supreme Court weighs whether prisoners held overseas have legal rights in U.S. system": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 08:52 AM by Howard Bashman


"A Needed Shield: A bill protecting news sources is well balanced." This editorial appears today in The Washington Post.

Relatedly -- under the heading "Shield Law Perils . . . Or Safeguards?" -- today's newspaper also contains an op-ed by Theodore B. Olson entitled "Limited Protections Are Vital to a Free Press," while Patrick J. Fitzgerald has an op-ed entitled "Bill Would Wreak Havoc on a System That Isn't Broken."
Posted at 08:44 AM by Howard Bashman



"Memoirs Are Made of This: A Book Bash for Justice Clarence Thomas." The Washington Post today contains an article that begins, "Full of broad smiles, backslaps and bonhomie, the usually taciturn Supreme Court Justice Clarence Thomas was outspoken last night at a soiree celebrating his just-published memoir 'My Grandfather's Son.'"
Posted at 08:30 AM by Howard Bashman


"Democrats Won't Block Hearing for Gonzales Successor": This article appears today in The New York Times.

The Washington Post today reports that "Leahy Set to Schedule Hearings on Mukasey; Demand for White House Papers Dropped." In addition, the newspaper contains an editorial entitled "A Hearing for Mr. Mukasey: The Senate should stop stalling consideration of the attorney general nominee."

And The Los Angeles Times reports that "Mukasey hearing set to proceed; In light of papers withheld by White House, Senate panel signals it will hold the attorney general-designate to a higher standard."
Posted at 08:20 AM by Howard Bashman



"ACLU Urges Supreme Court to Review NSA Warrantless Wiretapping Case": The ACLU issued this press release yesterday. The petition for writ of certiorari can be viewed at this link.
Posted at 08:14 AM by Howard Bashman


"Justices Seem to Support How New York State Selects Judges": Linda Greenhouse has this article today in The New York Times.

Today in The New York Sun, Joseph Goldstein reports that "High Court Set To Let Parties Choose Judges." Yesterday, the newspaper contained an editorial entitled "Lopez Torres Before the Nine."

And law.com reports that "Supreme Court Justices React Skeptically to N.Y. Judge Selection Challenge."

You can access the transcript of yesterday's U.S. Supreme Court oral argument in New York State Board of Elections v. Lopez Torres, No. 06-766, at this link.
Posted at 08:10 AM by Howard Bashman



"International Tort Crisis": Today in The Wall Street Journal, Norman Lamont has an op-ed that begins, "Most commentators who talk about the 'special relationship' the United States has with the United Kingdom focus on military, diplomatic and intelligence cooperation between our countries. But in many ways, the foundation of that relationship is economic. And, unfortunately, that foundation is now in jeopardy because of securities litigation in the U.S. and, in particular, one case -- Stoneridge v. Scientific Atlanta -- that will be heard by the U.S. Supreme Court on Oct. 9."
Posted at 08:00 AM by Howard Bashman


"A liberal's lament: The NRA might be right after all." Today in USA Today, Law Professor Jonathan Turley has an op-ed that begins, "This term, the Supreme Court may finally take up the Voldemort Amendment, the part of the Bill of Rights that shall not be named by liberals. For more than 200 years, progressives and polite people have avoided acknowledging that following the rights of free speech, free exercise of religion and free assembly, there is 'the right of the people to keep and bear arms.'"
Posted at 07:50 AM by Howard Bashman


"Justice Scalia Joins 24": Slate provides this video parody written by Dahlia Lithwick.
Posted at 07:37 AM by Howard Bashman


"Drugs, Disparity, and Judicial Sentencing Discretion: Two Cases Invite the Roberts Court To Finally Clarify What Constitutes A Reasonable Sentence Under the Now-Advisory U.S. Sentencing Guidelines." Mark H. Allenbaugh and Donald A. Purdy, Jr. have this essay online at FindLaw.
Posted at 07:33 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