tag:blogger.com,1999:blog-36500132011-12-24T15:36:01.691-05:00law and politics, by Sam Heldmansamhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.comBlogger8891100tag:blogger.com,1999:blog-3650013.post-74797571899694438692011-12-06T11:54:00.001-05:002011-12-06T11:58:55.687-05:00

This is the first thing I have posted in a long time. I am posting because, in the archives of this blog, I advocated against the confirmation of Bill Pryor to the Eleventh Circuit. I, wrongly, would never have expected that he would join this opinion, holding that employment discrimination against a transgendered person is unconstitutional. I am not in the business of blogging anymore, and

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-196089736796607162010-03-11T10:31:00.003-05:002010-03-11T10:35:56.461-05:00

If there is anybody out there who still reads this damn thing, this is to let you know that Rubber City Review is the best blog in the world right now. Mostly about music, from the family that brought you the Black Keys, Robert Quine, and WVO Quine too.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-44101023171962400992009-05-05T17:05:00.003-04:002009-05-05T17:08:12.602-04:00

1. The President went out for a burger at the burger place (Ray's Hell Burger) that most of the local food-obsessives love. I think it's great to have a President who apparently enjoys being out in public in the City, in situations that are as nearly normal as possible given the necessary non-normalness of his life.2. It is good that we are now in a time where it is even possible to imagine

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-37829703416422195392009-04-07T12:19:00.004-04:002009-04-07T12:21:33.292-04:00

For the sake of google posterity, here are links to the petition for rehearing en banc (link) and a supplemental letter brief in support (link).

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-73820940145607069532009-04-01T15:36:00.002-04:002009-04-02T14:57:56.834-04:00

Things that make me happy include this news about comics.(update: that is, if it's not an April Fool's "joke")

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-17510636300688764102009-03-31T15:48:00.001-04:002009-03-31T15:49:13.228-04:00

if I should start blogging again, but only about things that make me happy and not about things that make me grumpy.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-15680149581112539762008-05-30T21:16:00.000-04:002008-05-30T21:20:06.008-04:00

here

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-82373704830070714162008-05-30T16:37:00.002-04:002008-05-30T16:38:04.391-04:00

here

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1161306909862715332006-10-19T21:14:00.000-04:002006-10-19T21:16:14.246-04:00

Man, you want to see some great dancing? Check out the kid in the Superman shirt at the Jenny Lewis clip from Pancake Mountain:

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1161183079142173192006-10-18T10:49:00.000-04:002006-10-18T10:51:19.176-04:00

Here is good news: you can listen to Bob Dylan's radio show even if you do not pay money to subscribe to XM Radio. Use AOL Radio and you can hear it on Wednesday mornings at 10 am.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1132756326972161012005-11-23T09:29:00.000-05:002005-11-23T09:32:06.986-05:00

I hope that if there is anyone who thinks that I said (pdf) the word " nessatavite " to Justice Ginsburg and is wondering what it means, that he or she will google the word and land here. " Nessatavite " is not a word, at least so far as I know. It was "less satellite," which make sense in context but maybe I mumbled.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1131740826938848762005-11-11T15:24:00.000-05:002005-11-11T15:27:06.953-05:00

Hey, here's something new: Dischord records now available for download on emusic. At least I think it's new, and it's good. Emusic is a good deal for people with eclectic taste in music: $x per month for y number of downloads of mp3s, with a wide-ranging catalog of "indie" rock, jazz, Yazoo and Document records for those of us who love reissues of 78 rpm recordings, and all sorts of good stuff.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1131731500852619522005-11-11T12:46:00.000-05:002005-11-11T12:51:40.866-05:00

Might even start blogging again. Just finishing up a very busy several months, busy because in addition to all the other normal sorts of things on my plate, I had briefing and oral argument in one case before the U.S. Supreme Court and another before the en banc Eleventh Circuit. Now I am catching my breath, with at least one big new project coming up soon.If you, like me, have a little time to

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1121299368225824232005-07-13T20:02:00.000-04:002005-07-13T20:02:48.396-04:00

If you are at all a fan of traditional southern American fiddle music, or are open to being one, you should check out the debut record of Brittany Haas, which my friend Bruce Molsky just sent me. It will blow your mind -- just the right mix of technique, adventure, tradition, and taste. And then there's the fact that apparently Ms. Haas is still a teenager, which is even more mind-blowing.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com9tag:blogger.com,1999:blog-3650013.post-1121175306601630652005-07-12T09:35:00.000-04:002005-07-12T09:35:06.606-04:00

With characteristic bluntness as compared to my characteristic whateveritisness, Nathan Newman compellingly discusses Justice O'Connor's voting record on labor and employment matters.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1121081618045697172005-07-11T07:33:00.000-04:002005-07-11T07:34:43.996-04:00

Interesting article in the Bham News about the Scrushy trial. It discusses a long pre-indictment memo that my old friend Donald Watkins, Scrushy's lead counsel, presented to the prosecutors laying out exactly how and why any trial would lead to an acquittal. His predictions turned out to be exactly right, and the prosecutors walked the unsuccessful path laid out before them. Of course, it's

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1121080486994327252005-07-11T07:14:00.000-04:002005-07-11T07:14:47.083-04:00

This article about Matt Cooper's near-jail experience to protect his "source," Karl Rove, makes the whole thing seem extremely odd to me. If I'm reading correctly, Rove really had (as we were all led to believe) signed a document waiving any confidentiality privilege and giving his permission for any reporters to testify about conversations they had with him. And so first odd thing is that

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1121028059431310992005-07-10T16:40:00.000-04:002005-07-10T16:40:59.446-04:00

A random and pessimistic prediction. If Chief Justice Rehnquist does retire soon, then President Bush will nominate two people whom his spinners can portray as a compromise of the sort I mentioned below (i.e., one Rehnquist-like, one O'Connor-like), but whom they actually think and hope will be further right than that. In other words, one truly far-out and extremely divisive (e.g., Brown or

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1120997727317204582005-07-10T08:15:00.000-04:002005-07-10T08:15:27.346-04:00

Have you seen the new version of the nickel, with a new picture of Jefferson and the word "liberty" in his handwriting on the front, and a buffalo on the back? Very cool.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1120838385536686752005-07-08T11:59:00.000-04:002005-07-10T15:55:07.186-04:00

On Monday, go see French Toast* at Fort Reno if you are in or near DC.* link plays music.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1120829604122365762005-07-08T09:33:00.000-04:002005-07-08T09:33:24.200-04:00

I am hereby on record as saying that, if the Chief Justice retires in the next few days as widely expected, it will be a good thing. This has nothing to do with the Chief Justice himself, but is instead about the process. Two vacancies right now would be better than one not only because (as many have pointed out) it creates at least the greater possibility of some compromise (with one nominee

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com3tag:blogger.com,1999:blog-3650013.post-1120694209397619672005-07-06T19:56:00.000-04:002005-07-06T19:56:49.436-04:00

Is President Bush really annoyed with the right wing of his party for pressuring him about the Supreme Court nomination? Or is he acting annoyed for some political reason? If he is really annoyed, that will be fun to see. It will have its roots in the Terri Schiavo circus, and his recognition that he was taken too far out on a limb that time. But I am not so naive as to think that anything

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1120503933351602382005-07-04T15:05:00.000-04:002005-07-04T15:07:07.690-04:00

We've all been over these things before, but as a quick refresher:Republicans will say, in regard to the confirmation hearings for a Supreme Court nominee, that it is improper for Senators to ask, and for the nominee to answer, questions about the nominee's legal views on specific topics.In part, the assertion always is that a nominee cannot ethically answer such questions because, if he or she

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1120332184640164552005-07-02T15:23:00.000-04:002005-07-02T15:23:04.696-04:00

When Miguel Estrada was being blocked from confirmation to the federal bench, a group led by Boyden Gray and others created a television ad portraying this as discrimination based on national origin. You probably remember that; it was discussed here. Now Boyden Gray has been part of a delegation to the President telling him not to nominate Attorney General Gonzales. What a shameless twit.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com6tag:blogger.com,1999:blog-3650013.post-1120331383838608752005-07-02T15:09:00.000-04:002005-07-02T15:12:34.016-04:00

So much of the analysis of Justice O'Connor's retirement, in the news outlets as well as the legal punditry, has to do with the hot-button constitutional cases, and how Justice O'Connor's replacement might well be further to the right than she has been on some such cases. There is, of course, the issue of Roe's future, and the Ten Commandments (on which Justice O'Connor was in the 5-4 majority

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1120316051115429802005-07-02T10:54:00.000-04:002005-07-02T10:54:11.173-04:00

I am, I admit, uncertain about how vigorously to blog about Justice O'Connor's retirement -- about my feelings on her legacy, and about the pros and cons of possible nominees. On the one hand there is the good and obvious reason to keep my damn mouth shut: the slight possibility that some Justice or Judge would be aware of what I say here, be displeased by it, and therefore be less well-disposed

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1120258410881395672005-07-01T18:53:00.000-04:002005-07-01T18:57:35.396-04:00

Today seems like an auspicious day to get back into this thing, which I've been meaning to do. There is, of course, Justice O'Connor's retirement. And then the fact that it's the second half of the year. And also I have some time.The recent hiatus has mostly been work-related. Much interesting stuff on my plate these days. Filed my opening brief in the Supreme Court in Martin v Franklin

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1115394864937908652005-05-06T11:54:00.000-04:002005-05-06T11:55:41.160-04:00

One sentence, from an open letter that is definitely worth reading:[Ann Coulter is] famous for having an ass that stores so many lies it makes clown-car designers envious.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com6tag:blogger.com,1999:blog-3650013.post-1115377892911927852005-05-06T07:11:00.000-04:002005-05-06T07:11:33.243-04:00

It would boggle your mind to read this article about the fees that big-time corporate bankruptcy lawyers get. More than 800 per hour for some; 240 per hour for people who (at best) have graduated from law school but have not yet passed any bar exam; millions upon millions for some firms, per case. Read it and weep, or yell, or whatever you feel inclined to do.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1115208228510065622005-05-04T08:03:00.000-04:002005-05-04T08:03:48.890-04:00

If you have not already seen the photos of the seven deadly sins acted out by gummy bears, you really should.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1115207581121100442005-05-04T07:53:00.000-04:002005-05-04T07:53:01.630-04:00

Gearing up for a return any hour now. If you look at the post immediately below this, you will have a good sense of why I have not been blogging because my brain has been occupied round-the-clock with law-related program activities for the last several days.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1114440457936325702005-04-25T10:47:00.000-04:002005-04-25T10:47:37.936-04:00

The Supreme Court granted cert this morning in my case about the standard for awarding fees upon a successful motion to remand. Previously discussed here.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com6tag:blogger.com,1999:blog-3650013.post-1114358289127545622005-04-24T11:58:00.000-04:002005-04-24T11:58:09.126-04:00

A mystery: why is it that, unlike last year when Manischewitz matzoh-ball soup mix was widely available in a low sodium variety, this year it has been completely unavailable even though I've looked in several grocery stores several times over the last month? I blame Tom DeLay.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com4tag:blogger.com,1999:blog-3650013.post-1114007690766719642005-04-20T10:34:00.000-04:002005-04-20T10:34:50.766-04:00

Not dead, just busy with the actual practice of law and a 40th birthday. In exciting news, my 5-yr-old was one of the artists contributing to the high-level visual art project associated with the indie-rock festival Coachella. His work is not online yet at the relevant page, but I hope it will be before long. And, today is the debut of the online left law journal discussed in the post

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1113493829042935092005-04-14T11:50:00.000-04:002005-04-14T11:50:29.043-04:00

I learned today of a new online law journal, a journal "of the legal left," created by some students at Harvard Law. It will debut next Wednesday, and is called "Unbound". The name, I gather from the mission statement, is not just a joke about the lack of printing and binding, but also is a reference to the creators' desire to make a journal that is truly "left," not just establishment-liberal,

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1113415490960948842005-04-13T14:04:00.000-04:002005-04-13T14:04:50.960-04:00

If you live in or near DC and like Afrobeat music, or just like to have fun, you should go to the Afrobeat Against Autism benefit on April 30 at Cada Vez on U Street. The music will be great, there will be food and drink, and you will be doing good with your $.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1113352316210411782005-04-12T20:31:00.000-04:002005-04-12T20:37:18.906-04:00

That article in the NYT the other day, about how some men feel odd about going places with other men, was either (a) the stupidest article ever about a made-up thing, or (b) an article about a pathetic aspect of many men's psyches. Not sure which, but Ezra Klein does a good job of responding, and says what I would say if I weren't being curmudgeonly about it.I can add this: my friend Hank Bates

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com5tag:blogger.com,1999:blog-3650013.post-1113349548087722762005-04-12T19:45:00.000-04:002005-04-12T19:45:48.086-04:00

From a lawyer friend in Alabama, words to live by: REDNECK TIP OF THE WEEK: Next time you are too drunk to drive, walk to the nearest pizza shop, place an order, and when they go to deliver it, catch a ride home with them

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1113072897657393292005-04-09T14:54:00.000-04:002005-04-09T14:58:18.040-04:00

In honor of the Powerline nuts' attempt to erase their subconsciously-homoerotic nicknames, and by general acclaim, the NTAGS award goes to Ezra Klein for this post, which has a bunch of great sentences. Such asArguments are created on the fly, accuracy is unimportant so long as the product accuses the "MSM" or Democrats of some cardinal sin that'll leave Powerline's sycophantic readers moaning

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1113046289274501522005-04-09T07:31:00.000-04:002005-04-09T07:31:29.273-04:00

sorry for the radio silence. have been busy. back soon.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1112789075285717452005-04-06T08:04:00.000-04:002005-04-06T08:04:35.286-04:00

I am no expert in copyright law, but it seems to me that the recent decision from New York's highest court, described here and available here, is mighty big and bad news from the point of view of those of us who love CD reissues of great old 78 rpm recordings. It seems to say -- if I am reading it right -- that under New York law all "sound recordings" are in copyright until 2067. Will this

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1112788190620494072005-04-06T07:49:00.000-04:002005-04-06T11:44:02.540-04:00

You read it here Friday, now you can read from the Washington Post about the Archives' (now abandoned) attempt to shut down a forum on Social Security at the FDR Library.UPDATE: Be sure to read this Kos diary for more information and related fun.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1112727385140684322005-04-05T14:56:00.000-04:002005-04-05T14:56:25.140-04:00

How often have you said to yourself, "The thing that would make my life complete would be if I could find a band that sounds like an Eastern European version of the Pogues"? A friend of mine who has seen every band, ever, told me that one of the best live shows he had ever seen was Gogol Bordello. Unfortunately, every time they have come to DC since then, my alter ego of Asthma Boy has taken

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com5tag:blogger.com,1999:blog-3650013.post-1112711252507405602005-04-05T10:27:00.000-04:002005-04-05T10:29:00.043-04:00

You have heard about Senator Cornyn's outrageous remarks on the Senate floor, drawing a connection between anger at so-called liberal judicial activism (an anger that he vociferously shares) and murderous violence against judges. You can get the text of his speech from Howard Bashman here, and it really is as bad as reported. It's appalling.And no one should be under the illusion that a

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1112646382953794742005-04-04T16:26:00.000-04:002005-04-04T16:26:22.953-04:00

Very busy day today, but I do have time to bring this report from one of Ignatz's Alabama-based correspondents, who attended Judge Heflin's funeral: "it was amusing that roy moore came and then snuck out before speaking to anyone. as if there was anyone there who would have."

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1112409135650165582005-04-01T21:32:00.000-05:002005-04-05T10:28:16.766-04:00

I have heard from a friend in New York state, and it is confirmed here, that the National Archives has required the cancellation of a forum on Social Security sponsored by the League of Women Voters and similar groups. The forum was to take place, fittingly enough, at the FDR library; if you can't talk about Social Security at the FDR library, where can you talk about it? But the Archives says

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1112357972880913642005-04-01T07:19:00.000-05:002005-04-01T07:21:38.786-05:00

See this NYT article about the 1985 Sports Illustrated April Fool's article about a (fictional) pitcher named Sidd Finch. The SI article was written by George Plimpton. The Times says that only a few people were "even slightly aware of what the magazine was up to" before the issue was published.This makes me very important indeed, because one of the pictures accompanying the SI article was

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1112287906856287692005-03-31T11:51:00.000-05:002005-03-31T11:51:46.856-05:00

Sometimes it seems that life is full of disappointments. Among them is the new Beck record.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com3tag:blogger.com,1999:blog-3650013.post-1112278047343623782005-03-31T09:07:00.000-05:002005-03-31T09:07:27.343-05:00

The newspapers are abuzz about the fact that Eleventh Circuit Judge Birch -- appointed by the first Pres. Bush -- wrote an opinion (for himself alone) in the Schiavo matter, saying that the Schiavo-specific law was unconstitutional. He really laid into them, "them" being the Congress and President, saying that the statute went against the very basic priniciples of our constitutional democracy.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com4tag:blogger.com,1999:blog-3650013.post-1112201392631656312005-03-30T11:49:00.000-05:002005-03-30T11:49:52.630-05:00

Two good employment-related decisions from the Supreme Court in the last couple of days. In Jackson v. B'ham Bd. of Ed., the Court held that a coach may sue if he suffers retaliation by his employer for complaining about unequal treatment of girls' sports teams. More generally (and more technically), there is such a thing as a claim for retaliation under Title IX. This had been a question,

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1112190328753125102005-03-30T08:45:00.000-05:002005-03-30T08:45:28.753-05:00

If you think that you may ever become the defendant in a prosecution for murder, you should not adopt any variant on the word "Murder" as your stage name.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1112185598102012972005-03-30T07:26:00.000-05:002005-03-30T07:26:38.103-05:00

Not to take anything away from Johnnie Cochran, a great criminal defense lawyer, but here's to former Alabama Chief Justice and U.S. Senator Howell Heflin, who died yesterday. Senator Heflin was, for his time and place, a real progressive on many issues. He had a real sense of fairness. He brought the Alabama Supreme Court into the 20th century. He had such an accent. Every Alabama lawyer,

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1112183659263097312005-03-30T06:54:00.000-05:002005-03-30T07:16:14.040-05:00

Atrios is right, this transcript of a physician with no patience for Joe Scarborough's antics is priceless.Now it can be told: I rode on a 4-seater airplane once with Joe Scarborough, from Alabama to DC, before he was a tv guy.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1112133954932332242005-03-29T17:05:00.000-05:002005-03-29T17:44:31.733-05:00

Yes, I know that the post immediately below this one is of a sort that is so common in politico-blogging that it is almost (almost?) a cliche. A bit too easy, maybe. Nonetheless, it is instructive about the infinite capacity of humans to do bad things, to delude themselves, and just to be jerks when you get right down to it.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1112130503575118142005-03-29T16:08:00.000-05:002005-03-30T09:03:07.453-05:00

Here, six months ago, is the Boy Scouts' "National Director of Program" Douglas S. Smith, Jr., writing forcefully in support of the Boy Scouts' belief that exclusion of gay people is fundamentally necessary to that organization's purpose and values. The basis for this exclusion is the Scouts' putative belief that gay sex is immoral.Here, today, is an article stating that Boy Scouts' former

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1111957477764239672005-03-27T16:04:00.000-05:002005-03-27T16:09:55.003-05:00

I am old fashioned.Had an old friend over last night, who started telling me how the wave of the future, and the best thing since sliced bread, was the Rhaspody "huge music collection in the sky" service. For some number of dollars a month you can stream from an enormous record collection, and you never have to buy new cds ever again in your life. I resisted, and he proseltyzed, and I still

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1111866481201590572005-03-26T14:48:00.000-05:002005-03-26T14:48:01.203-05:00

nothing interesting on my mind today, but I do have more gmail account invitations to give away if you want one. if so, send me an email -- first name at last name, dot net.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1111711515353705302005-03-24T19:45:00.000-05:002005-03-24T19:47:30.773-05:00

Was going to try to give the NTAGS sentence award to The Poor Man tonight, but couldn't decide on the best sentence. Is it:It’s funny that this stupid Schiavo case should be a defining moment - that matters of state and billions of dollars and millions of lives should take a back seat to this “my baby fell down a well!” human interest crap, but ain’t it America? - but I suppose, scale aside, it’

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1111697141832283682005-03-24T15:45:00.000-05:002005-03-24T15:45:41.833-05:00

I am different from Bob Dylan. If I were like Bob Dylan in having (a) an unquenchable desire to tour constantly, (b) money enough to keep great musicians well-paid all year round, to practice more songs for our repertoire during those months we weren't playing, (c) hundreds of recorded songs as well as encyclopedic knowledge of the American music tradition, and (d) fans in whose eyes I could do

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1111666393994355582005-03-24T07:13:00.000-05:002005-03-24T07:15:27.013-05:00

I really hate the fact that it's taking up so much of the news, but if everybody's talking about it we might as well help them know what they're talking about.As it's panning out (in the dissents in the 11th Circuit, and now in the application to the Supreme Court), the disputed issue is whether the Congress told the courts to, and whether (for that reason or some other reason) the courts should,

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com4tag:blogger.com,1999:blog-3650013.post-1111579619586413682005-03-23T07:06:00.000-05:002005-03-23T07:17:12.440-05:00

Eleventh Circuit decision here, affirming the District Court's decision in the Schiavo case. I said last night that they ought to keep it one sentence long. This opinion actually does better than that -- in terms of the merits of the legal claims, they do exactly that, but in response to a dissent they also add other discussion about the applicable procedural law and the Schiavo-specific

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com6tag:blogger.com,1999:blog-3650013.post-1111539555604194612005-03-22T19:59:00.000-05:002005-03-22T19:59:15.603-05:00

I am disgusted by the Terri Schiavo political spectacle, although I have some empathy for all the family members on the various sides. I will emerge from my disgustedness just long enough to say this: that the Eleventh Circuit ought (if they are going to affirm the District Court's denial of preliminary injunctive relief, which I believe they should under the law) simply say, "We affirm for the

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com3tag:blogger.com,1999:blog-3650013.post-1111186746580805862005-03-18T17:59:00.000-05:002005-03-18T17:59:06.580-05:00

This one gets the "NTAGS" award more for content than for style. From the Associated Press: Among virgins, boys who have pledged abstinence were four times more likely to have had anal sex [than those who made no abstinence pledge], according to the study.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com5tag:blogger.com,1999:blog-3650013.post-1111159481898076912005-03-18T10:24:00.000-05:002005-03-18T10:32:26.043-05:00

Note to House Speaker and to DeLay:In this country, subpoenas are pieces of paper requiring witnesses to appear for testimony, and sometimes requiring them to bring certain things with them. The word "subpoena" does not mean "a piece of paper created by a few members of one house of the legislature, having the legal effect of requiring people to do or refrain from doing something, for instance a

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1111079741198141852005-03-17T12:15:00.000-05:002005-03-17T12:28:23.310-05:00

Sometimes I think, despite the bad things in the newspaper, that in a big-picture sense human behavior and government are getting better and will continue to do so -- and that our country has some shared basic principles that will continue to push it in the right direction. Other days, I read things that really make me believe that our country is in a pitched battle between people of reasonable

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com8tag:blogger.com,1999:blog-3650013.post-1111070738872642892005-03-17T09:45:00.000-05:002005-03-17T11:20:09.606-05:00

This is a good way to waste some time: Band to Band, which allows you to click any two bands from a long list, and then it compiles a sort of "six degrees of Kevin Bacon" thing linking them through other bands, based on shared members of the various bands. Did you know that you can get from Kansas to Rites of Spring in only 11 steps?UPDATE: Funkadelic to Fairport Convention in 7.FURTHER UPDATE:

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1110977075917269952005-03-16T07:44:00.000-05:002005-03-17T09:30:41.943-05:00

Gotta blog about something, just so my blogging muscles don't atrophy as a result of the near-total lack of inspiration. So ...Every decade brings its own example of an old-time banjo-fiddle band with a rock or punk edge. You had Earl Johnson and his various bands in the 30s, the Correctones and Fat Meat Boys in the 70s, the Horse Flies starting in the 80s (and to the present), the Hix in the

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1110644490393542292005-03-12T11:21:00.000-05:002005-03-12T11:21:30.393-05:00

This morning's David Brooks column should be posted over every blogger's and every pundit's desk, as a constant reminder: if you don't have anything interesting to say, just keep quiet. I think it is the stupidest thing I ever read.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com5tag:blogger.com,1999:blog-3650013.post-1110639785502139182005-03-12T10:03:00.000-05:002005-03-12T10:03:05.503-05:00

Does this make me one of them "coastal elites" you're always hearing about? create your own personalized map of the USA

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1110491227452894212005-03-10T16:47:00.000-05:002005-03-10T16:47:07.453-05:00

You may have noticed that blogging inspiration has been limited here lately, and that in particular there has been very little about the big legislative issues (bankruptcy changes, failure to raise minimum wage, etc.) that have been in the news. Here is the reason: the only thing that I can think of to say, these days, about any action by the legislative or executive branches is: that's what you

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com4tag:blogger.com,1999:blog-3650013.post-1110475514287106482005-03-10T12:25:00.000-05:002005-03-10T12:26:14.473-05:00

Surely there is a connection here. About six weeks ago I noted that a school board near York PA was telling kids not to believe so much in evolution. Now, I learn via Atrios that there is something of a bestiality problem in the area. I think that this is probably what you get when you make people wig out about their relationship to non-human animals: they act out in odd ways.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1110371086776911612005-03-09T07:24:00.000-05:002005-03-09T07:27:08.840-05:00

This is interesting to me -- a judge in New York has issued a ruling that is hailed as a breakthrough decision, a courageous decision, a novel and creative decision: he allowed a wife to seek a divorce on the grounds that her husband has (among other things) refused to talk with her, sleep in the same room as her, eat with her, or even eat food prepared by her for twelve years. It took creative

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1110301003858357132005-03-08T11:56:00.000-05:002005-03-08T11:56:43.856-05:00

I just found out that my old friend Bill Mitch, who was one of the senior partners in the first lawfirm I worked for, died over the weekend at the age of 89. He was one of the first generation of real union lawyers in the South. He had great stories and real wisdom, and was a hell of a lot of fun to talk with. He taught me a lot, and he had a soft heart under a crusty facade. Too many people

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1110231099445083972005-03-07T16:31:00.000-05:002005-03-07T16:31:39.446-05:00

Sorry, no thoughts worth blogging today. Please try again later.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1109963276898718962005-03-04T14:07:00.000-05:002005-03-04T14:07:56.896-05:00

I try very hard to have faith in the Supreme Court. But then I just got my stamped-filed copies of another little cert petition that I filed yesterday, and they bear the official stamp of the Supreme Court reflecting that they were received at the Court on February 31, 2005.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com6tag:blogger.com,1999:blog-3650013.post-1109951367561353862005-03-04T10:49:00.000-05:002005-03-04T10:49:27.560-05:00

I get so many emails these days purporting to be from Washington Mutual bank asking me to input my personal data on some website in order to "update" my account -- I'm thinking of doing it, just so that maybe the fraudsters will stop sending me so many emails. I wonder if that will work. Alternatively, I may embark on a new career as a proofreader for phishing emails. They certainly need one.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com2tag:blogger.com,1999:blog-3650013.post-1109797561905466462005-03-02T16:06:00.000-05:002005-03-02T16:07:10.866-05:00

As I mentioned earlier in the week, today was Ten Commandments day at the Supreme Court. How much does I personally care about the issue? Some, but not a whole whole lot. But I come closer to caring a whole whole lot -- to seeing this as an important battle in the effort to make sure that government remains distinct from religion -- when I read about what Justice Scalia said at the argument.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com8tag:blogger.com,1999:blog-3650013.post-1109787851171564172005-03-02T13:24:00.000-05:002005-03-02T13:28:14.753-05:00

If you are a super-secret spy, and make a super-secret deal with the CIA that they will give you $ in exchange for your super-secret spying -- don't be under the illusion that you can sue the CIA if it refuses to pay the $ as promised. You can't, because that's the thing about super-secret spy deals: they're too super-secret to talk about in court. So says (pdf) the Supreme Court today. As if

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1109712908826801172005-03-01T16:35:00.000-05:002005-03-01T16:35:08.826-05:00

As you may know, the Supreme Court held (pdf) today that the Constitution forbids the execution of people for crimes that they committed when they were younger than 18. A wonderful result as a matter of policy. Whether it was a proper constitutional holding -- something that the Supreme Court can and should remove from the legislative realm -- is a hotly debated question, of course, and is a

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1109612097803827422005-02-28T12:34:00.000-05:002005-02-28T13:03:57.003-05:00

On a more serious note, the Supreme Court announced today that it will decide a case that could end up being very important -- good or bad -- regarding the First Amendment rights of public employees. As Lyle Denniston explains at SCOTUSblog, the case involves a deputy D.A. who alleges that he was fired "for protesting in an internal memorandum that a deputy sheriff had lied in an affidavit to

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com4tag:blogger.com,1999:blog-3650013.post-1109610624865845992005-02-28T12:10:00.000-05:002005-02-28T12:11:49.686-05:00

Some things you read about silly laws are entirely true, and the great thing is that you can verify them yourself online. For instance, I am now informed that Mississippi has a statute that makes it a crime to keep a "stallion or jack[ass]" within 100 yards of a church, or in public view in an enclosure bordering on a public highway. Mares and jennies, no such prohibition. By the way, this is

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com7tag:blogger.com,1999:blog-3650013.post-1109542443488277202005-02-27T17:14:00.000-05:002005-02-27T17:38:05.366-05:00

Yesterday Boing Boing had a post about a couple of people who have embarked on an effort to violate lots of silly laws. Now, much of what you read about silly laws is itself silly. If somebody tells you, for instance, "It's illegal to tie an elephant to a parking meter in Provo!" my bet would be that what the Provo ordinance really says is that you can't tie an animal to a parking meter.In

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com3tag:blogger.com,1999:blog-3650013.post-1109436031586966202005-02-26T11:40:00.000-05:002005-02-26T11:45:57.683-05:00

In high school I had a physics and calculus teacher who taught us to ask ourselves, upon working out what we thought was the answer to a math problem, whether that putative answer had "the ring of truth." Does the number you came up with seem to be of about the right order of magnitude? Is it a messy number when you expected a neat one? That sort of thing. Some people had an ear for the ring

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1109430160820017872005-02-26T10:02:00.000-05:002005-02-26T10:04:01.616-05:00

From Hunter at Kos:"Hell, [Howard] Dean should just go up to them and say something like 'Timmy from my fourth grade class told me that if you lick a unicorn, you can see through time.'"

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1109421791624187802005-02-26T07:43:00.000-05:002005-02-26T07:43:11.623-05:00

Am beginning to feel better and so may even have something mildly interesting to say in the next day or so. Please don't give up on me.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1109294613394582342005-02-24T20:18:00.000-05:002005-02-24T20:23:33.466-05:00

This is your periodic reminder that, if you prefer your blogging to be of professional interest only, you can read my almost daily updates of Eleventh Circuit decisions at the group effort Appellate Law and Practice.In a related vein, note that I will be updating the blogroll sometime soon, to link to some more interesting blogs.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1109276092670957422005-02-24T15:14:00.000-05:002005-02-24T15:14:52.670-05:00

I am sorry to report that I cannot find, for you, a linkable copy of the Illinois Appellate Court decision discussed in this article from the AP. Plaintiff alleges that Defendant tricked him by keeping his semen, obtained through oral sex, and then impregnating herself with it after they broke up. According to the article, the appellate court reverses the dismissal of the case (i.e., more or

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com4tag:blogger.com,1999:blog-3650013.post-1109264124789172302005-02-24T11:55:00.000-05:002005-02-24T18:15:30.620-05:00

Apologies to everyone for my even-higher-than-usual level of boringness today, which is particulary bad timing since Dwight was nice enough to mention this blog yesterday in the post at Wampum announcing the Koufax winners. The reason is that I feel very lousy, having apparently caught Dwight's flu-ish thing by reading a post where he mentioned it. Maybe more interesting stuff later or tomorrow

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1109161537370268952005-02-23T07:25:00.000-05:002005-02-23T13:58:50.390-05:00

Today I will be filing a cert petition with the U.S. Supreme Court on a question that I think is very interesting, but then again I'm a law nerd: the governing standard as to when a District Court should award attorney fees under 28 USC 1447(c) upon remanding a wrongly-removed case to state court. It's a good question for the Court to resolve, I think, and there really is a split in the lower

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com8tag:blogger.com,1999:blog-3650013.post-1109159017203591352005-02-23T06:43:00.000-05:002005-02-23T06:43:37.203-05:00

Maybe everybody who reads blogs already has a gmail account. But if you want one, let me know, by email to sam@[my last name, see top of blog].net, because I've got lots to give away.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1109087462860872312005-02-22T10:51:00.000-05:002005-02-22T10:52:39.693-05:00

So I'm reading an opinion that the Supreme Court put out today, about whether somebody injured on a dredge in Boston Harbor is covered by this specific federal legislation, and it's all about the meaning of the word "vessel." So the Reporter of Decisions -- the person at the Court who writes the executive summary of the decision, which appears at the beginning -- writes that the Court holds that

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com3tag:blogger.com,1999:blog-3650013.post-1109073944862235342005-02-22T07:05:00.000-05:002005-02-22T07:06:56.690-05:00

Rightwing eggheads have it all figured out: they get paid (directly or indirectly) to write crazy-ass articles like this (arguing that the recent class action "reform" bill "doesn't go nearly far enough" and proposing various other changes to make it even less likely that corporations will be called to the carpet when they cheat lots of people for a little bit each). What a sweet deal. And here

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com3tag:blogger.com,1999:blog-3650013.post-1108904055403657392005-02-20T07:54:00.000-05:002005-02-20T07:54:15.403-05:00

Beautiful cover of "Straight Outta Compton" by Nina Gordon, at this link. Adult language advisory, needless to say.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1108739626099554922005-02-18T10:13:00.000-05:002005-02-18T10:13:46.100-05:00

from a British paper, via the New York Times: Boring Old Gits to Wed.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1108646426529919932005-02-17T08:20:00.000-05:002005-02-17T08:20:26.530-05:00

For a variety of reasons, I think that Lawrence Small is and has been a horrible head of the Smithsonian. But what more can you possibly say about a person who, when convicted of a federal crime and sentenced to community service, suggests to the judge that the community service should consist of reading books and trying to get Congress to change the law he was convicted of breaking, on the

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1108576886972514682005-02-16T13:01:00.000-05:002005-02-16T13:01:26.973-05:00

cartoon in Post today on judicial re-nominations, via HB.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1108493614583014802005-02-15T13:53:00.000-05:002005-02-15T14:05:53.610-05:00

The U.S. Court of Appeals for the D.C. Circuit today held that Judith Miller, Time magazine and a Time reporter have no privilege against revealing their "confidential source(s)" in the Novak-Plame investigation. Opinion is here. The highlights depend on your point of view:If you are a lawyer who ever practices in this area, the whole thing is the highlight. No First Amendment privilege at all

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1108480566423564652005-02-15T10:16:00.000-05:002005-02-15T10:22:32.053-05:00

So the Governor of Arkansas got himself a "covenant marriage.". If my wife told me that she wanted to enter into a new legal status by which the government forbade her from making the decision to leave me, I would be mighty offended. I can understand throwing away the last piece of pie, in order to keep one's future self from eating it -- the reason being that the piece of pie sure will be

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com1tag:blogger.com,1999:blog-3650013.post-1108470444062741352005-02-15T07:23:00.000-05:002005-02-15T07:42:00.593-05:00

Because I am one of those bleeding-heart liberals you always hear about, I am trying to feel some sympathy for this guy: the tough-on-crime, especially-tough-on-drug-crime Texas District Attorney who was -- you don't need me to tell you, you can see it coming -- a meth addict.Yesterday sex, today drugs. Tomorrow: someone who has intentionally made himself a public figure on the side of those who

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0tag:blogger.com,1999:blog-3650013.post-1108468041961071852005-02-15T06:47:00.000-05:002005-02-15T06:47:21.960-05:00

You can see that there has been little inspiration here lately. It is not that I am afraid of drawing attention to myself lest somebody start digging into my past. Just don't have much to say. But I do have friends who sat next to Bill and Hillary Clinton at a nice restaurant last night for Valentine's Day.

samhttp://www.blogger.com/profile/13900547145414430259noreply@blogger.com0