Tuesday, January 29, 2008
"The Items Were Worth $177": Syndicated columnist James J. Kilpatrick has an essay that begins, "The Supreme Court splendidly split last week in the Case of the Missing Prayer Rug. By all the usual criteria, it was a nuthin' case -- a case of minimal public interest, tossed over to Justice Clarence Thomas for another ho-hum opinion. I'm writing about it for a reason."
Kilpatrick, who is now 87 years of age, announces in this essay that "With this column, I retire from writing about the Supreme Court." He will continue to write a weekly column about the English language.
"2nd Circuit Considers Intent, Knowledge in Lynne Stewart Case; Federal appeals court judges pepper defense with questions; attorney repeatedly cites 'Brandenburg' Supreme Court case": law.com provides this report.
And The Associated Press provides a report headlined "Prosecutor to appeals court: NYC lawyer got 'slap on the wrist.'"
"Wecht trial: Aide says cadavers wrongly went to Carlow." The Pittsburgh Post-Gazette provides this news update.
Posted at 11:04 PM by Howard Bashman
"'Travesty of justice' prompts protest; A dangerous line was crossed when prosecutor succeeded in getting defense attorneys changed in Pike death penalty case, lawyers say": Bill Rankin had this article yesterday in The Atlanta Journal-Constitution.
Posted at 11:02 PM by Howard Bashman
"Jefferson wants income, race, education as criteria; Aim is to keep diversity; court trashed old policy": Today's edition of The Louisville Courier-Journal contains an article that begins, "Race, income and education would be considered equally in assigning students and keeping Jefferson County's public schools integrated under a student-assignment plan released yesterday. Seven months after the U.S. Supreme Court threw out the district's desegregation policy because it considered individual students' race in assigning them to schools, Superintendent Sheldon Berman unveiled a new proposal -- checked by the district's lawyers -- that he believes meets the court test."
Posted at 10:58 PM by Howard Bashman
"Two-Year Term Sought for Lawyer in Milberg Conspiracy": Josh Gerstein of The New York Sun has a news update that begins, "Federal prosecutors are seeking a two-year prison term for one of the nation's most successful class-action attorneys, William Lerach."
The Associated Press reports that "2-year prison term recommended for lawyer in kickback scheme."
And Reuters reports that "U.S. prosecutors seek two-year prison term for Lerach."
"Alarmist Clock: Let's do away with the legislative fiction of the terrorist alarm clock." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:30 PM by Howard Bashman
"Court upholds smoking ban": The Rocky Mountain News provides an update that begins, "The 10th Circuit Court of Appeals upheld Colorado's smoking ban today, dealing a blow to restaurant and bar owners who argued the law is unconstitutional."
And The Denver Post provides a news update headlined "Appeals court upholds smoking ban, DIA exemption."
"9th Circuit deals setback to Costco on wine and beer sales": The Seattle Post-Intelligencer provides this news update.
The Seattle Times provides a news update headlined "Costco loses effort to overturn state liquor laws."
The Wall Street Journal provides a news update headlined "Court Sides With Regulators in Costco Case."
And Reuters reports that "Costco fails to overturn Wash. state liquor rules."
"Rendell nominates Colins to Supreme Court despite GOP objections": The Philadelphia Inquirer provides this news update.
The Associated Press reports that "Rendell names 4 to fill appellate court vacancies."
And you can access a press release headlined "PA Governor Rendell Announces Judicial Nominations for Supreme, Superior and Commonwealth Courts."
"Breyer Keeps Up Bush Speech Attendance": Mark Sherman of The Associated Press has a report that begins, "Four Supreme Court justices donned their robes to attend this year's State of the Union, but only one among them could boast a perfect attendance record during the Bush presidency."
Posted at 07:20 PM by Howard Bashman
Programming note: I will be working this afternoon from the office of co-counsel finalizing an appellate brief that is due to be filed tomorrow. Additional posts will appear here later today.
Posted at 11:30 AM by Howard Bashman
"EU Court: Downloaders Can Stay Private." The Associated Press provides a report that begins, "Record labels and film studios cannot demand that telecom companies hand over the names and addresses of people suspected of breaking European copyright rules by swapping illegal downloads, the EU's top court ruled Tuesday."
Reuters reports that "EU court says file sharers don't have to be named."
And BBC News reports that "File-sharers 'need not be named'; Internet service providers do not have to divulge the names of users suspected of illegally sharing music files, Europe's top court has ruled."
"Ruling may aid talent managers; They could be entitled to pay for procuring work for clients, the state high court says": This article appears today in The Los Angeles Times.
"Plaintiff-for-hire sentenced; A retired lawyer gets home detention in the Milberg Weiss case": The Los Angeles Times contains this article today.
Posted at 08:40 AM by Howard Bashman
"Justice Dept. accused of blocking Gonzales probe; Office of Special Counsel chief says his investigation into alleged politicization of the attorney general's agency has been repeatedly 'impeded'": This article appears today in The Los Angeles Times.
Posted at 08:37 AM by Howard Bashman
"Greater Use of Privilege Spurs Concern": The Washington Post today contains an article that begins, "The U.S. government has been increasing its use of the state secrets privilege to avoid disclosure of classified information in civil lawsuits, prompting legislation in the Senate that would provide more congressional oversight of the practice."
Posted at 08:17 AM by Howard Bashman
"GOP Unable to Force Vote on Bush Surveillance Bill; Senators Can't Stop Democratic Debate; Current Law Set to Expire Thursday": The Washington Post contains this article today.
"'Wecht details' described to jury; On the first day of trial, deputy coroner tells of running errands": This article appears today in The Pittsburgh Post-Gazette.
And online at the First Amendment Center, Douglas Lee has an essay entitled "3rd Circuit lets sunshine in on famous coroner's trial."
"Illegal Globally, Bail for Profit Remains in U.S." Adam Liptak has this article today in The New York Times.
Posted at 08:04 AM by Howard Bashman
"Can a Sandwich Be Slandered?" This article appears today in The New York Times.
Posted at 08:02 AM by Howard Bashman
"Rendell to name Colins as justice": The Philadelphia Inquirer today contains an article that begins, "Gov. Rendell is poised to name former Commonwealth Court Judge James Gardner Colins an interim appointee to the Pennsylvania Supreme Court, over the objection of Senate Republicans who predicted a battle over the nomination. Colins, 61, a Democrat from Philadelphia, was the longest-serving judge in the 37-year history of the intermediate appellate court. He announced in October that he was stepping down to speak out about the need for judicial independence and perhaps to return to practicing law."
Posted at 07:58 AM by Howard Bashman
"Statewide judge race raises heat; GOP candidates for highest criminal court trade barbs": Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 07:55 AM by Howard Bashman
Available online from law.com: An article reports that "5th Circuit to Weigh Jurisdiction Over Contractors in Iraq; Iraq war's outsourcing of military functions poses new legal issues for contractors like KBR and Halliburton, now facing suit."
And in other news, "Former White House Counsel Tapped by N.Y. Chief Judge to Prepare Judicial Pay Suit."
"'Choose Life' license plate ruled free speech": Bob Egelko has this article today in The San Francisco Chronicle.
And The Arizona Daily Star reports today that "U.S. appellate court OKs pro-life AZ license plates."
Which U.S. Supreme Court Justices attended last night's State of the Union address? From this photograph, the answer would seem to be the Chief Justice and Justices Anthony M. Kennedy, Stephen G. Breyer, and Samuel A. Alito, Jr.
Posted at 07:44 AM by Howard Bashman
In commentary available online at FindLaw: Douglas W. Kmiec has an essay entitled "Why Congress Must Renew FISA Immediately: If It Dallies, National Security Professionals Will Not Be Able to Protect America From Terrorism in the Interim."
And Anthony J. Sebok has an essay entitled "Is It Constitutional for the Senate to Retroactively Immunize From Civil Liability the Telecoms That Provided the Government with Information About Customers' Communications?"