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Monday, December 11, 2006 "Justices Overturn Ruling in Case on Buttons in Court": Linda Greenhouse will have this article Tuesday in The New York Times. Posted at 11:48 PM by Howard Bashman This past Saturday, the U.S. Senate apparently returned all pending Article III judicial nominees to the White House: You can confirm it for yourself at this link. Thus, it's no longer correct to assert that U.S. Senator Sam Brownback (R-KS) is continuing to block the nomination of Michigan Court of Appeals Judge Janet Neff to a federal district judgeship, because her nomination was among those returned to the White House. One could feel particularly sorry for Thomas Alvin Farr of North Carolina, whom the White House nominated on December 7, 2006 for a federal district judgeship. Just two days later, the U.S. Senate returned that nomination to the White House with all the others. "Skilling won't have to report to prison yet": The Houston Chronicle provides a news update that begins, "The U.S. 5th Circuit Court of Appeals has delayed the start of former Enron CEO Jeff Skilling's prison sentence that was scheduled to begin here Tuesday. The court said today he would not have to report to prison while it considers his motion for bail pending his appeal on his conviction." And somewhat relatedly, at the blog "Houston's Clear Thinkers" Tom Kirkendall has a post titled "The ordeal of Jamie Olis continues." "Judge wants legal-fee payment plan from Blagojevich": The Associated Press provides a report that begins, "Warning that 'the time for waffling has passed,' a federal judge on Monday ordered Gov. Rod Blagojevich's administration to tell him next week how it plans to pay legal fees in a video-game lawsuit it lost. U.S. District Judge Matthew Kennelly gave the governor's office and Attorney General Lisa Madigan until Dec. 18 to say how they will pay $510,250 in legal fees to the video-game industry. Game representatives sued Blagojevich, Madigan and Cook County State's Attorney Richard Devine over a 2005 law that barred the sale of violent or sexually explicit video games to minors. Kennelly threw out the law as unconstitutional a year ago and ruled in August that the state should pay the industry's legal costs, relieving Devine's office of obligation." Posted at 10:00 PM by Howard Bashman Available online at SSRN: Justin Crowe and Christopher Karpowitz have a paper titled "Where Have You Gone, Sherman Minton? The Decline of the Short-Term Supreme Court Justice" (abstract with link for download). And Law Professor Nan D. Hunter has a paper titled "Justice Blackmun, Abortion, and the Myth of Medical Independence" (abstract with links for download). Thanks to "Legal Theory Blog" for the pointers. Sorry, no topless photos here: A referral link that recently appeared on this blog's Site Meter counter reveals that "How Appealing" is at present the top-rated response when the phrase "topless photo" is searched at Google Blog Search, due to this earlier post. I don't know whether to feel good or bad that this blog is possibly impeding someone's search for actual topless photos. Posted at 09:10 PM by Howard Bashman "Victim Images Did Not Mar Trial, Justices Rule": Robert Barnes -- who is covering the U.S. Supreme Court for The Washington Post while Chuck Lane is on book leave -- will have this article Tuesday in that newspaper. Posted at 08:57 PM by Howard Bashman "Lawyers, Guns And History": CBS News legal analyst Andrew Cohen today has an essay that begins, "The Second Amendment was back in the news last week. In Washington, there was yet another hearing in a high-profile lawsuit brought to challenge the District of Columbia's sweeping prohibition against handguns." Thanks to the law firm Gura & Possessky, P.L.L.C., which represents the plaintiffs in that lawsuit, you can access online via this link the pleadings and briefs filed in the trial court and in the currently-pending appeal before the U.S. Court of Appeals for the D.C. Circuit. My earlier recent coverage of the D.C. Circuit's oral argument in that case can be accessed here. "Sex and the City: New York City bungles transgender equality." Law Professor Kenji Yoshino has this jurisprudence essay online at Slate. Posted at 08:15 PM by Howard Bashman "High Court Restores Verdict in Victim-Button Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 08:11 PM by Howard Bashman "The petition for a writ of certiorari is denied. Justice Kennedy and Justice Souter would grant the petition for a writ of certiorari." That entry appears on today's U.S. Supreme Court Order List for the case captioned Ingram v. United States, No. 06-207. According to the Brief in Opposition that the Solicitor General filed, the question presented in the case was "Whether due process required the district court to exclude the testimony of a cooperating witness, where the government agreed to pay the witness a percentage of the proceeds from drug sales forfeited as a result of his cooperation." "In a broadside directed at the district court proceedings as a whole, Calvi contends that summary judgment is an unconstitutional abridgement of her Seventh Amendment right to trial by jury. That contention is hopeless." So writes First Circuit Judge Bruce M. Selya in an opinion issued today on behalf of a unanimous three-judge panel. In case you missed my post from yesterday, Judge Selya was the subject of an interesting article published yesterday in the Ideas section of The Boston Globe bearing a headline that begins, "The sesquipedalian septuagenarian." "Former N.J. Supreme Court Chief Joins Drinker Biddle & Reath": The Legal Intelligencer provides this news update (free access). Posted at 04:50 PM by Howard Bashman "Webcast -- A Conversation with Justice Breyer and Harvard Law Professor Fried": If you have the latest version of Apple's QuickTime software installed, you can access via this link streaming video of last Friday's event at the Georgetown Law Center. I didn't have the latest version of QuickTime installed until moments ago, and as a result the video wouldn't play for me until I updated that software to version 7. No software update will be necessary in all likelihood to enjoy a somewhat blurry photo essay from the event posted online today by David Lat at "Above the Law." "An Inside Look at the Supreme Court: The Supreme Court justices differ on their view of the court's role in society." Jan Crawford Greenburg of ABC News provides this interesting video report. Posted at 04:10 PM by Howard Bashman "High Court Says Buttons Didn't Bias Jury in Murder Case": law.com's Tony Mauro provides this news update. Posted at 04:02 PM by Howard Bashman "Supreme Court says buttons did not bias jury against killer": David Savage of The Los Angeles Times provides this news update. Posted at 03:54 PM by Howard Bashman "Conviction upheld despite buttons worn at trial": James Vicini of Reuters provides this report. Reuters also reports that "US Supreme Court backs gov't on oil, gas royalties." And Greg Stohr of Bloomberg News reports that "Conviction Reinstated by Top Court in Victim-Photo Button Case." "U-M, MSU, WSU seek Proposal 2 delay": The Detroit Free Press provides a news update that begins, "Michigan's big three universities -- Michigan State University, the University of Michigan and Wayne State University -- announced today they are asking a federal court for a short-term delay in implementing the requirements of Proposal 2, which bans affirmative action programs. The delay would allow the universities to use existing policies to complete admissions and financial aid for students who will enroll for the fall 2007 semester." The Detroit News provides an update headlined "Three universities ask for delay in Prop 2." And The Associated Press reports that "Mich. Universities Seek Delay on New Law." In addition, the University of Michigan issued a news release entitled "Three universities file motion seeking to complete this year's admissions and aid cycle under current rules," while that university's president issued this related statement. "Skilling to start prison term; The former Enron chief is set to begin his sentence on Wednesday in a federal prison near Waseca, Minn." CNNMoney.com provides this report. Posted at 11:32 AM by Howard Bashman "FDA Proposes Broadening Access to Drugs": The Associated Press provides this report, which notes that "Next year, a federal court will rehear a 2003 case brought by the Washington Legal Foundation and the Abigail Alliance for Better Access to Developmental Drugs in seeking broader access to drugs that have undergone preliminary safety testing in as few as 20 people but have yet to be approved by the regulatory agency." Posted at 11:28 AM by Howard Bashman "Commentary: Have 7th Circuit Judges Gone Off the Deep End?" That's the rather provocative headline my editors at law.com have chosen for this week's installment of my "On Appeal" essay. The focus of my essay is the Seventh Circuit's recent ruling in Smoot v. Mazda Motors of America, Inc. The essay concludes: If the 7th Circuit desires that the appellate record better reflect the precise basis for the federal district court's subject matter jurisdiction, those appellate judges should consider cracking the whip on their federal district court colleagues. It is the federal district court judges who, in the first instance, have the ability to ensure that the record is absolutely clear concerning what facts and allegations do or do not give rise to the district court's subject matter jurisdiction.My initial blog coverage of the Smoot ruling can be accessed here. Posted at 11:20 AM by Howard Bashman "Even without title, Specter still wields clout in Senate": The Philadelphia Inquirer today contains an article that begins, "Senate Judiciary Committee chairman Arlen Specter won't wield a gavel in the new Congress, but he may still carry a big stick." Posted at 10:55 AM by Howard Bashman "Stay Classy: Why liberals should forget about race-based admissions." In the December 18, 2006 issue of The New Republic, Richard D. Kahlenberg has an essay (pass-through link) that begins, "For decades, conservatives have been waiting for the moment when the Supreme Court would act decisively to curtail the use of race in education. With Justice Samuel Alito having replaced Sandra Day O'Connor, that moment may finally have arrived." Posted at 10:44 AM by Howard Bashman Today's U.S. Supreme Court decisions in argued cases and Order List: At "SCOTUSblog," Lyle Denniston has a post titled "Court overturns victim buttons ruling." That ruling reverses a decision that Circuit Judge Stephen Reinhardt delivered on behalf of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Seven Ninth Circuit judges noted their dissent from that court's denial of rehearing en banc. Lyle also reports that Justice Samuel A. Alito, Jr. today issued an opinion on behalf of a unanimous Court in BP America Production Co. v. Burton, No. 05-669. No other opinions in argued cases issued today. In Carey v. Musladin, No. 05-785, the AEDPA-victim button case, you can access today's decision at this link and the oral argument transcript at this link. Dahlia Lithwick's take on the oral argument was headlined "Button It: The Supreme Court learns to stay out of this messy business of deciding cases." And in BP America Production Co. v. Burton, No. 05-669, the other case decided today, you can access the decision at this link and the oral argument transcript at this link. Finally, you can access today's Order List at this link. In early news coverage, The Associated Press provides reports headlined "Court: Buttons at Trial Didn't Bias Jury" and "High Court Rules on Oil, Gas Royalties." Please help "How Appealing" attain second place in the voting for the "Best Law Blog" in The 2006 Weblog Awards: "The Volokh Conspiracy" has an insurmountable and well-deserved 600+ vote lead in first place, while some British law firm's blog that I honestly had never heard of until now is in a pitched fight for second place with yours truly. At midnight, "How Appealing" had around a 20-vote lead for second place. But because our colleagues across the pond get to their desks a few hours earlier than we here in the good ol' U.S. of A., the British law blog overnight managed to jump out to a 30 to 35 vote lead in the race for second place. There's nothing like a silly popularity contest -- especially one lacking both a tangible prize and an awards ceremony -- to get the competitive juices flowing. So please vote for "How Appealing" so that this blog can regain second place. You can vote once per computer, per web browser, every 24 hours. Simply click here to access the page where you can cast your vote. Scalia and Kennedy bobblehead dolls up for auction at eBay: An acquaintance who was the author of the one act play "Bobblehead Scalia and the never-ending search for marital bliss" has decided to opt for marital bliss after all by putting up for auction two U.S. Supreme Court Justice bobblehead dolls from The Green Bag. The offering for the Justice Antonin Scalia bobblehead begins, "Nothing says 'Merry Christmas' like the gift of hardheaded conservative jurisprudence, in convenient desktop bobble form." And the offering for the Justice Anthony M. Kennedy bobblehead begins, "We've finally solved the sweet mystery of life: Turns out, it's the Justice Kennedy Bobblehead Doll!" Both auctions are scheduled to end this Friday. "Town shrugs off concerns; Staff cuts, lack of strong fence not a big worry": Yesterday's issue of The Colorado Springs Gazette contained an article that begins, "You can’t see Supermax from the highway, but everyone knows it’s there. Hidden by the rolling slopes of the high desert 50 miles south of Colorado Springs, the prison houses 400 of the most dangerous inmates in the federal prison system -- psychopaths, gang leaders, Mafia bosses, multiple-murderers and terrorists, including Eric Rudolph, Ramzi Yousef and Zacarias Moussaoui." And yesterday's newspaper also contained an article headlined "Bomber expresses no remorse for victims" that begins, "Unrepentant, Olympics and abortion clinic bomber Eric Rudolph sits in his cell at Supermax complaining about being treated like a 'terrorist' and composing 'satires' mocking his victims." "Hostage: I talked him out of killing me; WWII veteran tried to save lawyer, had 'long' talk with gunman." This article appears today in The Chicago Sun-Times, along with articles headlined "'It'll be tough,' longtime lawyer says; Phillips was at dentist when tragedy unfolded"; "SWAT cop shot gunman from 25 yards away": and "Train station, offices beef up security." In addition, Felicia Dechter has an essay headlined "Victim's widow mourns: 'We were real partners'; Felicia Dechter, a reporter and longtime friend, talks to the wife of a victim of Friday's shootings." And The Chicago Tribune today reports that "Family saw anger build; Killer thought he had been conned, they say." "Jury pools can face probes in sensitive trials; Ryan case sparks move to avoid bias, scandal": The Chicago Tribune today contains an article that begins, "Hoping to avoid the jury controversy that threatens to overturn former Gov. George Ryan's conviction, federal court officials in Illinois have started conducting criminal background checks on prospective jurors in certain higher-profile trials." Posted at 08:14 AM by Howard Bashman "Texas is sending fewer to death row": The Los Angeles Times contains this article today. Posted at 08:05 AM by Howard Bashman "Scalia Speaks in Ames, Scolds Aggressive Student": This article appears in the current issue of The Harvard Law Record. Posted at 08:00 AM by Howard Bashman "A well-meaning end to discrimination": Today in The Boston Globe, Cathy Young has an op-ed that begins, "Depending on who you talk to, the passage of Proposal 2 in Michigan last month was either a great victory for freedom and equal rights or a disastrous setback for minorities and women. The ballot measure, known as the Michigan Civil Rights Initiative, attracted little national attention after 58 percent of voters approved it Nov. 7." Posted at 07:55 AM by Howard Bashman "Defamation on the Internet: With Courts Strongly Supporting Website Users' Immunity from Suit, Should Would-Be Plaintiffs Resort to ReputationDefender.com?" Julie Hilden has this essay online today at FindLaw. Posted at 06:42 AM by Howard Bashman "The Right to a Trial: Should dying patients have access to experimental drugs?" Jerome Groopman has this article in the December 18, 2006 issue of The New Yorker. Posted at 06:40 AM by Howard Bashman "Blawg Review #87": Available here, at "Legal Literacy." Posted at 06:35 AM by Howard Bashman  
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