Bradford P Wilson, executive director of the National Association of Scholars, will
not have access to incoming email during the period from 17 September through 23
September 2003. For urgent communications during that time, he can be reached on his
cell phone at
What are the requirements (or what triggers) en banc review in the Ninth Circuit? Are these requirements uniform across the circuits? As a former federal appellate clerk I should know the answer to this question. However, with some embarrassment, I confess that I do not and would welcome help
Title: Re: En Banc Review
Also, if anyone knows, how do they constitute the 11-member en
banc panel. Is it a random selection from the 26 members of the Court.
Does the original three-member panel get automatically included?
At 7:03 AM -0400 9/17/03, Robert Justin Lipkin wrote:
What are the
HI Paul
DuBois' source was Wesley, Lincoln's Plan for Colonizing the Emancipatd Negro,
Journal of Negro History, IV ,pp. 12 -13 - It turns out it is available on line -
http://dinsdoc.com/wesley-1.htm . Wesley cites as a source - Butler's Reminiscences,
pp. 903 - 904.
Re colonization laws -
Title: NYTimes.com Article: The Vote Must Go On
Forwarded
with the Times' permission (I tried to send it directly, but there was a
technical glitch).
Eugene
-Original Message-From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]Sent: Wednesday, September 17, 2003 10:29
AMTo: [EMAIL
IN THE 79TH OF THE FEDERALIST PAPERS,HAMILTON,ARGUING FOR NON-DIMINUTION OF JUDICIAL
SALARIES, NOTES IN A REPUBLIC WHERE FORTUNES ARE NOT AFFLUENT AND PENSIONS NOT
EXPEDIENT TENURE AND GUARANTEED SALARIES ARE INDISPENSABLE.WE OF COURSE PROVIDE
GENEROUS PENSIONS FOR JUDGES.IS HAMILTON USING
Thanks. The "colonization laws" were of course voluntary and almost blacks
took advantage of them. My sense is that they were mostly to placate voters
back home and border state Unionists. No one implemented them.
As for Ben Butler, he is not always the most accurate reporter of events;
hard
The Chief Judge (presently Mary Schroeder) sits on all en banc panels.
Beyond that, it's a random drawing, and the original three-member panel is
not automatically included.
Additional trivia: Senior judges ordinarily are ineligible to serve on the
en banc panel, but they are eligible (and thus
Title: NYTimes.com Article: The Vote Must Go On
Im not in favor of the delay, but
thats mostly because I dont take seriously the decision in Bush
v. Gore. However, if one believes in the unbearable rightness of that
decision, then I dont see how the free speech interests mentioned by
Dear All:
With the
permission of our esteemed moderator, I would like to make the following request
of you. The University of Maryland apparently sends the most students to
law schools of any university in the country (I try, but there is obly so much I
can do). Students frequently come
We are different from both regional and non-regional peers in the
following ways. First, we have wonderful joint degree programs with the
Maxwell School of Citizenship, a leading public policy school, the State
University of New York College of Environmental Science and Forestry, a
leading
As to the same justices that honor federalism and state sovereignty in the
11th amendment-type cases being the same justices that created the equal
protection override of state elections in Bush v. Gore, that seems at least
an irony. It is, of course, one of the principal reasons for criticizing
I am not declaring my position on the 9th
Circuit's intervention here, but--"Accepted fair plaing field?" For whom?
"Undermines the legitimacy of the process?" For whom? This thing has
been a mess from the outset, and although the law on the books allows recall for
any reason or no real
I think that the argument that the courts should wait until after the
election to intervene (if necessary) is deeply misguided.
Intervention at that time will produce the maximum blow to judical
credibility and the maximum suspicion of judicial partisanship,
because everyone will know who the
Title: Message
Just to respond to Question 1: While
the parties may *suggest* en banc
review, a vote can only be initiated by an active judge requesting such a
vote. In the Ninth Circuit, an active judge circulates a memorandum (by
internal e-mail) calling for a vote and offering an
At 01:00 PM 9/17/2003 -0500, Sandy Levinson
At 12:35 PM 9/17/2003, you
wrote:
I
m not in favor of the delay, but that s mostly because I don t take
seriously the decision in Bush v. Gore. However, if one believes in
the unbearable rightness of that decision, then I don t see how the free
speech
Two points here:
(1) If you want until Sept. 10 to move to enjoin a white primary
scheduled October 1, you'd better worry about laches, especially since
the Supreme Court had upheld Texas's white primary in 1935 (Grovey v.
Townsend) and U.S. v. Classic, the case that ostensibly changed the law
Prior to 1998, parties could petition for rehearing, but could not
petition for rehearing in banc. If they wanted rehearing in banc, they
could merely suggest it. As a result, parties would file a petition for
rehearing with a suggestion for rehearing in banc.
FRAP 35 was amended in 1998 to
In most circuits, the requirement is that a majority of judges vote for en
banc review after at least 1 judge requests such a vote. I assume the
rules are the same, or similar, in the 9th Circuit, but don't know for
sure.
Ilya Somin
On Wed, 17 Sep 2003, Robert Justin Lipkin wrote:
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