Tuesday, March 13, 2007
The Associated Press is reporting: Now available online are articles headlined "Supreme Court's Scalia says nominees will face bitter fights" and "French High Court Rejects Gay Marriage."
Posted at 10:35 PM by Howard Bashman
Jury not spellbound by teacher claiming she was fired because of false accusations she was a witch: Newsday provides an update headlined "LI jury rejects teacher's $2 million witch claim."
law.com reports that "N.Y. Jury Rejects Teacher's Claim She Was Fired due to Witchcraft Tales."
"'Mistakes' Made on Prosecutors, Gonzales Admits": This article will appear Wednesday in The New York Times, along with articles headlined "'Loyalty' to Bush and Gonzales Was Factor in Prosecutors' Firings, E-Mail Shows" and "A Favorite Fallback for Foulups: 'Mistakes Were Made.'"
And McClatchy Newspapers provide reports headlined "Emails detail plans for firing U.S. attorneys" and "E-mail excerpts show interest in preserving new powers."
"Gibson Dunn Used 'Legal Thuggery,' Say Montana Supremes": WSJ.com's "Law Blog" provides this post today about a decision that the Supreme Court of Montana issued yesterday.
On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Gonzales Admits to Errors in Firing U.S. Attorneys"; "Leahy Vows to Unveil Events that Led to Firings"; "Outrage Grows Over Pace's Anti-Gay Remark"; and "'Don't Ask, Don't Tell' Policy: Bad for Security?"
Available online at Slate: Jack Shafer has a Press Box essay entitled "The Case for Patrick Fitzgerald: The Libby prosecutor didn't savage the First Amendment."
And Nathaniel Frank has an essay entitled "Don't Ask: The increasing incoherence of the military's gay exclusion policy."
"Constitution Clash Looms in Virginia; Government wants to introduce secret Aipac evidence": Josh Gerstein of The New York Sun provides this news update.
Posted at 07:20 PM by Howard Bashman
"Judiciary to Ask for 67 New Judgeships": The Associated Press provides this report.
Posted at 06:02 PM by Howard Bashman
"ISO Supreme Court ruling": Today at "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "It's not the sexiest or newsiest case of the Supreme Court's term, but there are those who are anxiously awaiting a decision in the telecom case of Global Crossing v. Metrophones. And awaiting and awaiting. The case, which asks whether pay-phone providers can sue long-distance carriers over compensation for coinless pay-phone calls, was argued last Oct. 10, and a decision has still not emerged. The last time that a case argued that early was this late in being decided was five years ago, in another telecom case."
Posted at 05:24 PM by Howard Bashman
"Judicial Conference Urges End to 'Secret' Dockets": law.com's Tony Mauro provides this news update.
"Top general: Remarks on gays were 'personal moral views.'" CNN.com provides a report that begins, "The top U.S. military officer, Gen. Peter Pace, said Tuesday he should have focused more on military policy and less on his own opinion when he told a newspaper homosexual acts are immoral."
"The case sub judice arises at this intersection of scientific advance and enduring constitutional values. In it, we are asked to determine whether there exists a right, grounded in the Due Process Clause of the Fifth and Fourteenth Amendments to the federal Constitution, to post-conviction DNA testing." A New York State prisoner who is seeking, by means of a federal civil rights lawsuit, access to DNA testing that he claims would establish that he did not commit the crime of attempted murder, for which he now stands convicted, today received some good news from the U.S. Court of Appeals for the Second Circuit. A unanimous three-judge panel of that court, in an opinion by Circuit Judge Guido Calabresi, reinstated the prisoner's lawsuit and sent it back to the federal district court for further proceedings.
Posted at 05:04 PM by Howard Bashman
"'Mistakes were made' in firing of 8 attorneys, Gonzales says": The Los Angeles Times provides this news update.
And The Washington Post provides a news update headlined "Gonzales Accepts Responsibility for 'Mistakes'; Schumer Warns Sampson's Resignation Does Not Absolve Attorney General."
"More Fallout from Firing U.S. Attorneys": This audio segment (RealPlayer required) appeared on today's broadcast of the public radio program "Here and Now."
Posted at 03:24 PM by Howard Bashman
On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "White House Proposed Firing All U.S. Attorneys"; "Former U.S. Attorney Cummins Discusses Dismissal"; and "U.S. Attorney Firings: Politics vs. Process" (featuring Dahlia Lithwick).
Deputy sheriff shot by convicted murder defendant after the jury returned its verdict cannot maintain a federal civil rights action against two other deputy sheriffs who decided to bring the defendant to court that day without the stun belt the defendant had been wearing throughout the trial: Chief Judge Frank H. Easterbrook issued this decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 03:14 PM by Howard Bashman
News releases issued today by the Administrative Office of the U.S. Courts: A news release headlined "Federal Judiciary Says New Judgeships Needed" begins, "The Judicial Conference of the United States today voted to ask Congress to create 67 new federal judgeships--15 for the courts of appeals and 52 for the district courts." A chart listing the new recommended judgeships can be accessed here. The federal appellate courts slated to receive additional authorized judgeships under the proposal are the First, Second, Third, Sixth, Eighth, and Ninth Circuits.
A second release issued today is headlined "Fiscal Year 2006 Caseloads Remain At High Levels." A considerable amount of additional, related information regarding 2006 federal court caseloads can be accessed via this link.
"Individual Ruling: D.C. gun ban goes down." Robert A. Levy has this essay today at National Review Online.
Posted at 01:30 PM by Howard Bashman
"Guantanamo, Dred Scott and the Amistad": Jeremy Brecher and Brendan Smith have this essay online at The Nation.
Posted at 01:28 PM by Howard Bashman
"Attorney General Alberto Gonzales abruptly canceled travel plans Tuesday amid growing calls for his ouster over the firings of eight federal prosecutors during a White House-directed housecleaning of U.S. attorneys." So begins this report from The Associated Press.
Posted at 01:15 PM by Howard Bashman
Bloomberg News is reporting: Now available online are articles headlined "Microsoft Verdict, Congress May Spur Patent Changes" and "Libby Guilty Verdict Spurs Fundraising for Legal Defense Bill."
Posted at 12:00 PM by Howard Bashman
"Law students behaving badly: Students should be responsible on public forums, since slanderous information online can affect job offers." Ernest Gomez has this op-ed today in The Daily Pennsylvanian.
Posted at 10:40 AM by Howard Bashman
"Passenger in deadly crash not guilty; Court rules she was a victim, not accomplice, in fatal crash": The Seattle Post-Intelligencer today contains an article that begins, "The sole survivor of one of the state's deadliest single-car wrecks can't be guilty of encouraging her friend to drive drunkenly because she was a victim of the crime, the state Court of Appeals ruled Monday."
And The Associated Press reports that "Court Reverses Crash Victim's Conviction."
"D.C. Mayor Addresses Blow to Handgun Ban": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:15 AM by Howard Bashman
"Make the FBI follow the law": This editorial appears today in The Boston Globe.
The Chicago Tribune today contains an editorial entitled "Betrayed by the FBI."
And USA Today contains an editorial entitled "Confirming predictions, FBI abuses law aimed at terrorists; Carelessness can't even begin to excuse abuse of 'security letters.'" In response, John Miller has an op-ed entitled "We're correcting our errors; But audit found no deliberate misuse of power by the FBI."
"Don't drop 'don't ask, don't tell,' Pace says": The Chicago Tribune today contains an article that begins, "Gen. Peter Pace, chairman of the Joint Chiefs of Staff, said Monday that he supports the Pentagon's 'don't ask, don't tell' ban on gays serving in the military because homosexual acts 'are immoral,' akin to a member of the armed forces conducting an adulterous affair with the spouse of another service member. Responding to a question about a Clinton-era policy that is coming under renewed scrutiny amid fears of future U.S. troop shortages, Pace said the Pentagon should not 'condone' immoral behavior by allowing gay soldiers to serve openly. He said his views were based on his personal 'upbringing,' in which he was taught that certain types of conduct are immoral."
Posted at 08:35 AM by Howard Bashman
"Fake snow out for Snowbowl; Appeals court overturns ruling that OK'd treated effluent to extend skiing": This article appears today in The Arizona Republic.
The Arizona Daily Star reports today that "Court blocks effluent on sacred peaks."
The New York Times reports that "Court Blocks Snowmaking at Indian Sites."
The Associated Press provides a report headlined "Appeals court: No fake snow at Arizona Snowbowl."
And Reuters reports that "Court backs native tribes on sacred mountain."
"Supreme Court TV: The Supreme Court should televise its oral arguments; But Congress can't force it to make the change." The Los Angeles Times contains this editorial today.
Posted at 08:11 AM by Howard Bashman
"Secret hearings for top 9/11 suspects; Review tribunals have been held for Khalid Shaikh Mohammed and at least two other Guantanamo detainees": This article appears today in The Los Angeles Times.
Posted at 08:10 AM by Howard Bashman
"Justices weigh voter ID lawsuit; State's Supreme Court to decide constitutionality of hotly debated legislation": The Atlanta Journal-Constitution contains this article today.
"Guns for self-defense": This editorial appears today in The Washington Times.
Posted at 07:58 AM by Howard Bashman
"Justices to Hear Landmark Free-Speech Case; Defiant Message Spurs Most Significant Student 1st Amendment Test in Decades": Robert Barnes has this article today in The Washington Post.
Posted at 07:48 AM by Howard Bashman
"White House Said to Prompt Firing of Prosecutors": This article appears today in The New York Times, along with an article headlined "Fast-Riser's High Hopes and Sudden Fall."
The Washington Post today contains a front page article headlined "Firings Had Genesis in White House; Ex-Counsel Miers First Suggested Dismissing Prosecutors 2 Years Ago, Documents Show."
The Los Angeles Times reports that "Key figure in Justice Dept. to step down; Gonzales' chief of staff may have played a role in the firing of seven U.S. attorneys."
And in The Boston Globe, Donald K. Stern has an op-ed entitled "Dismissing eight US attorneys."
Available online from law.com: An article reports that "2nd Circuit Forms Committee to Address Grievances Against Attorneys."
And in other news, "Law Firms Keeping Close Eye on Sidley Case; Top issue after Sidley case is dealing with older partners."
"Justices drill down on PhotoCop's issues; Minneapolis pleaded its case before the state Supreme Court to resume the PhotoCop program, but the justices had questions about whether it can coexist with state law": This article appears today in The Minneapolis Star Tribune.
And The St. Paul Pioneer Press reports today that "High court explores photo cop conflict; Minneapolis policy aimed at owners, not drivers, of cars that run red lights."