How Appealing

Wednesday, November 8, 2006

"Lawyers face right to blog; Online journals that contain legal discussions and background information are challenging traditional practices on attorney advertising": This article appeared yesterday in The Chicago Tribune (via "Legal Blog Watch").

In somewhat related news, next Thursday and Friday (November 16th and 17th) I'll be in New York City where I'll be one of the speakers at a Law Seminars International continuing legal education seminar entitled "Blog Law: Legal issues, liabilities, and new opportunities." You can learn more about the seminar and register to attend via this link.
Posted at 10:20 PM by Howard Bashman



"Justices Hear Arguments on Late-Term Abortion": Linda Greenhouse will have this article Thursday in The New York Times.

Thursday in The Washington Post, Charles Lane will have an article headlined "No Pointers to Ruling in Abortion Case; Likely Swing Vote Kennedy Asks Questions Without Disclosing His Position."

Stephen Henderson of McClatchy Newspapers reports that "Justices hear arguments on late-term abortion procedure."

And online at Newsweek, Debra Rosenberg has an article headlined "Drama in the Court: As the pro-choice movement celebrated victories at the ballot, Supreme Court justices heard 'partial birth' arguments that could reveal where they really stand on abortion."
Posted at 10:05 PM by Howard Bashman



"Chief weighs fate of citizen in Iraq": At "SCOTUSblog," Lyle Denniston has a post that begins, "Chief Justice John G. Roberts, Jr., is considering a request to keep a U.S. citizen now in a military prison in Iraq from being turned over to Iraqi officials, to face execution after being convicted in an alleged plot to kidnap three Romanian journalists."
Posted at 07:44 PM by Howard Bashman


"Doctor, There's a Lawyer in My Womb: The Supreme Court attempts to understand partial-birth abortion." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 07:34 PM by Howard Bashman


"U.S. High Court Hears Partial-Birth Abortion Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:32 PM by Howard Bashman


"Virginia Update: It Appears Over." Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 07:24 PM by Howard Bashman


"U-M president says she'll go to court over affirmative action ban": The Detroit Free Press provides a news update that begins, "University of Michigan President Mary Sue Coleman says the school will explore its legal options after the state’s voters approved a ban on affirmative action programs that offer preferences to women and minorities."

The Detroit News provides an update headlined "U-M to ask courts to hold off enforcing Proposal 2; Foes of the measure call it unconstitutional."

And The Ann Arbor News reports today that "U-M may try to delay Proposal 2; Passage of affirmative action ban expected to affect admissions methods."

You can access online at this link the text of today's statement by University of Michigan President Mary Sue Coleman.
Posted at 05:30 PM by Howard Bashman



"Democrats to Usher in Change in Judicial Nominations, Investigations": law.com's T.R. Goldman provides this news update.
Posted at 05:04 PM by Howard Bashman


"High Court Focuses on Medical Alternatives in Partial-Birth Abortion Cases": law.com's Tony Mauro provides this news update.

And Bloomberg News reports that "Abortion Clash Engages U.S. Supreme Court Justices."
Posted at 04:48 PM by Howard Bashman



Fanfan fans can fan the Sentencing Guidelines flames with a First Circuit ruling issued today: Ducan Fanfan may have been initially pleased to be half of the winning pair in the U.S. Supreme Court's Booker/Fanfan ruling.

Unfortunately, he eventually learned a lesson that many similarly-situated convicted federal criminal defendants have learned -- that resentencing under the post-Booker regime does not always benefit the defendant. Today, in a ruling you can access here, the U.S. Court of Appeals for the First Circuit affirms the 210-month sentence that Fanfan received after prevailing in the U.S. Supreme Court. At his original, pre-Booker sentencing, Fanfan received a sentence of just 78 months of imprisonment. Of course, it almost goes without saying that eleven extra years of imprisonment are a small price to pay for a U.S. Supreme Court victory.
Posted at 04:40 PM by Howard Bashman



Of Beethoven, of vodka, or of the Bill of Rights containing the first ten amendments to the U.S. Constitution? The U.S. Supreme Court has ruled that if a criminal suspect indicates in any manner during custodial questioning that he wishes to remain silent, interrogation must cease. Today a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit resolves whether a criminal defendant's statement, during an interrogation, that "I plead the fifth" is sufficient to invoke the right to remain silent. Complicating this question, the appeal arises in the habeas context challenging a state court conviction and is governed by the federal law whose acronym is AEDPA. The majority, in a decision that you can access here, affirms the federal district court's denial of habeas relief.

The dissenting opinion of Circuit Judge M. Margaret McKeown begins, "It is likely that few Americans can profess fluency in the Bill of Rights, but the Fifth Amendment is surely an exception. From television shows like 'Law & Order' to movies such as 'Guys and Dolls,' we are steeped in the culture that knows a person in custody has 'the right to remain silent.' Miranda is practically a household word. And surely, when a criminal defendant says, 'I plead the Fifth,' it doesn't take a trained linguist, a Ph.D, or a lawyer to know what he meant."
Posted at 04:23 PM by Howard Bashman



"High Court Hears Abortion Ban Arguments": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:07 PM by Howard Bashman


"Supreme Court Oral Arguments: Gonzalez v. Planned Parenthood." C-SPAN is also now providing on-demand access to the audio from the second of the two partial-birth abortion cases argued today before the U.S. Supreme Court. To access the audio, click here (RealPlayer required).
Posted at 04:05 PM by Howard Bashman


"Supreme Court Oral Arguments: Gonzalez v. Carhart." C-SPAN is now providing on-demand access to the audio from the first of the two partial-birth abortion cases argued today before the U.S. Supreme Court. To access the audio, click here (RealPlayer required).

As The Associated Press notes here, "Authorities on Wednesday arrested an anti-abortion protester who disrupted Supreme Court arguments on the subject." The disruption can be heard during the audio recording of the Carhart oral argument shortly after the 37 minute mark. The same-day transcript at page 34 does not directly note the disruption, although it does note the Court's reaction to it.
Posted at 03:50 PM by Howard Bashman



The transcripts of today's U.S. Supreme Court oral arguments in the partial-birth abortion cases are now available online: You can access the transcript in Gonzales v. Carhart by clicking here, while you can access the transcript in Gonzales v. Planned Parenthood Federation of America, Inc. by clicking here.

At "SCOTUSblog," Lyle Denniston has a post titled "Kennedy vote in play on abortion."

The Associated Press provides reports headlined "Justices Have Pointed Abortion Discourse" and "Man Arrested After Supreme Court Protest."

And James Vicini of Reuters reports that "Top court considers major abortion test cases."
Posted at 03:40 PM by Howard Bashman



"Gay Marriage Ban Rejected in Arizona": The Associated Press provides a report that begins, "In a triple setback for conservatives, South Dakotans rejected a law that would have banned virtually all abortions, Arizona became the first state to defeat an amendment to ban gay marriage and Missouri approved a measure backing stem cell research."
Posted at 10:35 AM by Howard Bashman


"C-SPAN has announced on their website that C-SPAN Radio will be broadcasting the audio of oral argument in today's partial-birth abortion cases back-to-back beginning at 12:30 PM eastern." So begins this post at "SCOTUSblog." You can access today's C-SPAN Radio schedule and links to listen live by clicking here.

Once this morning's oral arguments conclude, you'll be able to access Lyle Denniston's report on the arguments here at "SCOTUSblog."
Posted at 10:30 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": Nina Totenberg had an audio segment entitled "Supreme Court Considers Abortion-Ban Arguments."

And the broadcast also contained an audio segment entitled "S.D. Rejects Abortion Ban, Missouri Backs Stem Cells."

RealPlayer is required to launch these audio segments.
Posted at 10:11 AM by Howard Bashman



"Supreme Court to Consider Abortion Issue": The Associated Press provides this report.
Posted at 08:33 AM by Howard Bashman


Ballot measures seen as threats to judicial independence are defeated in South Dakota and Colorado: The Argus Leader of Sioux Falls, South Dakota reports today that "S. Dakota voters soundly reject J.A.I.L. measure; Grand jury could have second-guessed judges."

And The Rapid City Journal reports today that "Judicial accountability amendment crushed."

Meanwhile, from Colorado, The Rocky Mountain News reports that "Term-limits for judges a no-go; Measure would have restricted them to 10 years of service."

And The Denver Post reports that "Capping judges' tenure is rejected."
Posted at 08:30 AM by Howard Bashman



"4-foot rule's defeat means Seattle reverts to old law": The Seattle Times today contains an article that begins, "It looks like lap dances will remain legal in Seattle. With a no vote on Seattle Referendum 1, voters were firmly rejecting the city's 'four-foot rule,' which would have banned lap dances by requiring exotic dancers and customers to keep their distance."

And The Seattle Post-Intelligencer reports today that "Attempt to restrict strip clubs failing."
Posted at 08:20 AM by Howard Bashman



"4 states OK bans on gay 'marriage'; four others likely": This article appears today in The Washington Times.

One of the States described in The Washington Times article as "likely" to pass such a ban is Arizona. Yet a report in today's edition of The Arizona Republic headlined "Voters reshape legal landscape in Arizona" states that "in one of the tightest contests of the election, it appeared as of late last night that Arizona voters could be the first in the nation to reject a constitutional amendment banning gay marriage."

The latest results from the Arizona Secretary of State's Office show that the "Protect Marriage Arizona" proposition was defeated by a margin of 51.4 percent against, 48.6 percent in favor.
Posted at 08:12 AM by Howard Bashman



"Democratic Hopes Rest on 2 Tight Races": The Washington Post today contains an article that begins, "Democrats claimed victory in four crucial Senate races early today and held small leads in two others that would give their party the majority -- and control of both congressional chambers. The Senate majority will turn on razor-thin races in Virginia and Montana, where recounts or legal challenges could delay the final outcome for days. Democrats moved within striking distance by ousting Republicans in Ohio, Pennsylvania, Rhode Island and Missouri."

The New York Times reports today that "Democrats Take Control of House; Senate Hangs on Virginia and Montana."

The Boston Globe reports that "Democrats make gains, but Senate control hinges on 2 states."

And The Washington Times reports that "Democrats take control of House; Senate hinges on race in Virginia."
Posted at 07:55 AM by Howard Bashman



"Texas Inmates Protest Conditions With Hunger Strikes": The New York Times today contains an article that begins, "Likening themselves to prisoners at Abu Ghraib and Guantanamo Bay, a dozen inmates on death row in Texas have staged hunger strikes over the last month to protest what they call abusive conditions, including 23 hours a day of isolation in their cells."
Posted at 07:44 AM by Howard Bashman


"Court asked to apply sentencing rule retroactively": Joan Biskupic has this article today in USA Today.
Posted at 07:35 AM by Howard Bashman


"Michigan voters outlaw race, gender preferences": This article appears today in The Detroit News.

And The Detroit Free Press reports today that "Affirmative action ban OK'd; Michigan 3rd state to nix preferential treatment."
Posted at 07:33 AM by Howard Bashman



"S.D. rejects abortion ban; Opponents say 'strong message sent'": The Argus Leader of Sioux Falls, South Dakota contains this article today.

The Rapid City Journal reports today that "Abortion-ban opponents say facts key to win."

The New York Times reports that "South Dakotans Reject Sweeping Abortion Ban."

The Los Angeles Times reports that "South Dakota scraps abortion ban; Voters reject the law built with little leeway; A prohibition of gay marriage passes."

And USA Today reports that "South Dakota voters axe restrictive abortion law; 5 states pass same-sex marriage bans as culture-war issues inundate ballots."

The latest vote tally from South Dakota shows that the matter, known as "Referred Law 6," was defeated by a margin of 56 percent against to 44 percent in favor.
Posted at 06:45 AM by Howard Bashman



"Supreme Court Will Hear Arguments On 'Partial-Birth' Abortion Ban": This article appears today in The New York Sun.

The Virginian-Pilot reports today that "Christian-based group in Beach files briefs in 2 abortion cases."

The Roanoke Times contains an editorial entitled "Chief Justice Roberts' delayed litmus test; During his Senate confirmation hearing, John Roberts sidestepped the abortion litmus test; The chief justice begins that exam today."

USA Today contains an editorial entitled "Congress claims an M.D.: Justices will decide whether politics can set medical facts." In response, Jay Sekulow has an op-ed entitled "Keep 'partial-birth' ban: Congress already found proof this procedure isn't necessary."

I previewed the cases being argued today before the U.S. Supreme Court in an installment of my "On Appeal" column for law.com headlined "Congress Puts 'Partial-Birth' Abortion Back on the Supreme Court's Agenda."
Posted at 06:40 AM by Howard Bashman



"Will Control of the Senate Be Within the Margin of Litigation?" Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 06:33 AM by Howard Bashman


"The CIA, the MCA, and Detainee Abuse": Joanne Mariner has this essay online today at FindLaw.
Posted at 06:30 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