How Appealing

Wednesday, December 22, 2010

"This case poses the question of whether there is a vindictive judge or cowardly counsel exception to the contemporaneous objection rule." So begins an opinion that Circuit Judge Ed Carnes issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 10:22 PM by Howard Bashman

"Vote Hurts Obama's Push to Empty Cuba Prison": Charlie Savage of The New York Times has a news update that begins, "Congress voted Wednesday to impose strict new limits on transferring detainees out of the Guantanamo Bay prison, dealing a major blow to President Obama's vows to shut down the center and give federal court trials to many of the prisoners."
Posted at 08:42 PM by Howard Bashman

"Supreme Court rules against Miller": The Anchorage Daily News has an update that begins, "The Alaska Supreme Court today ruled against Joe Miller on all counts, a decision that leaves his challenge of Sen. Lisa Murkowski's victory on life support."

The Associated Press reports that "Alaska high court throws out Miller claims."

And at his "Election Law Blog," law professor Rick Hasen has a post titled "Breaking News: Alaska Supreme Court Rejects Miller Appeal, Says Certification Can Go Forward."

You can access today's ruling of the Supreme Court of Alaska at this link.
Posted at 05:56 PM by Howard Bashman

"Senate Confirms Five Judicial Nominees": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "President Barack Obama's nominees for three circuit judgeships and two district judgeships in Washington won confirmation today, as other judicial nominees remained in limbo."

And The Salt Lake Tribune has a news update headlined "Scott Matheson Jr. OK'd for appeals court position."
Posted at 05:08 PM by Howard Bashman

In the January 2011 issue of ABA Journal magazine: Mark Walsh will have an article headlined "Corporate Rights Are Again at Issue as AT&T Wants to Keep Info a Secret."

Mark Curriden will have an article headlined "Judging the Judges: Landmark Iowa Elections Send Tremor Through the Judicial Retention System."

And Leslie A. Gordon will have an article headlined "For Federal Plaintiffs, Twombly and Iqbal Still Present a Catch-22."
Posted at 03:34 PM by Howard Bashman

"A Pick for Sensitive Justice Post": In today's edition of The Wall Street Journal, Evan Perez has an article that begins, "The Obama administration plans to nominate a veteran Washington lawyer to head the Office of Legal Counsel, the Justice Department unit that has been the center of ideological battles over national security during the past decade. A senior administration official said Tuesday that President Barack Obama's nomination of Virginia Seitz is expected early in 2011, aiming to end a seven-year vacancy without a Senate-confirmed head in the office."

And at the "Lawfare" blog, Jack Goldsmith has a related post titled "New Nominee for Office of Legal Counsel."
Posted at 03:27 PM by Howard Bashman

"We address the viability of a takings claim arising out of a rent control ordinance affecting mobile home parks." So begins the opinion that the majority on an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today in Guggenheim v. City of Goleta. Senior Circuit Judge Andrew J. Kleinfeld, who dissented from the original three-judge panel's decision before taking senior status on June 12, 2010, wrote today's en banc majority opinion.

Senior Circuit Judge Alfred T. Goodwin sat on the original three-judge panel that issued the Ninth Circuit's first ruling in this case, and thus Judge Goodwin qualified for the lottery to determine who would sit on the eleven-judge en banc panel. On the original three-judge panel, Judge Goodwin joined in the opinion from which Judge Kleinfeld dissented. Today, Judge Goodwin joins in Judge Kleinfeld's majority opinion for the en banc court.

Of course, today's en banc result comes as no surprise to law professor Shaun Martin of the "California Appellate Report" blog, who predicted it on the day the original three-judge panel's decision issued.

Earlier this year, law professor Richard A. Epstein posted online an article about the three-judge panel's ruling titled "Takings Law Made Hard" at SSRN.
Posted at 03:10 PM by Howard Bashman

"Detainee Review Proposal Is Prepared for President": In today's edition of The New York Times, Charlie Savage has an article that begins, "President Obama's advisers have been drafting an executive order that would set up a system for periodically reviewing the cases of Guantanamo prisoners whom courts have approved for detention without trial, officials said."
Posted at 08:15 AM by Howard Bashman

"Narragansetts fail in effort to win land-trust status in Rhode Island": This article appears today in The Providence Journal.
Posted at 08:14 AM by Howard Bashman

"Patrick looks for another SJC first; Asian-American Duffly is nominee": The Boston Globe contains this article today.
Posted at 08:10 AM by Howard Bashman

"Carolinas settle water-use case; Dispute between the two states was headed to the U.S. Supreme Court": This article appears today in The State of Columbia, South Carolina.
Posted at 08:07 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links'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




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


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




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


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


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


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

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


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

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


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


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



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


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog