Wednesday, March 21, 2007
Available online at law.com: Marcia Coyle reports that "Credit Suisse Case Brings 'Epic' Wall Street Battle Before Supreme Court."
In other news, "Calif. Supreme Court Takes Up $1 Billion Banking Case."
And an article reports that "Fla. Appeals Court Tosses $1.58 Billion Verdict Against Morgan Stanley; Panel did not rule on judge's controversial ruling based on Morgan Stanley's violation of her discovery orders."
"Gap in Justice, White House e-mails raises questions": CNN.com provides this report.
The New York Times on Thursday will contain articles headlined "Panel Approves Five Subpoenas on Prosecutors" and "Bush's Big-Picture Battle: Presidential Prerogatives."
And McClatchy Newspapers report that "House panel authorizes subpoenas in the U.S. attorneys controversy."
"Court Overturns Phone Jamming Conviction": The Associated Press provides this report.
"Paul Horwitz on Jeopardy this Wednesday March 21st!!" Dan Markel recently had this post at "PrawfsBlawg." I just watched the broadcast here in Philadelphia, and I'm pleased to report that Paul did a great job and has set the bar high for any future blogging law professors who will appear on the show.
Posted at 07:32 PM by Howard Bashman
On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "White House Frames Response to Subpoena Threat"; "Executive Staff Have History of Sworn Hearings" (featuring Nina Totenberg); "Snow: Subpoenas May Lead to Less Cooperation"; and "On Attorney Dispute, a Flashback for Fielding?"
"When Less is More: The nutty legal syllogism that powers the Bush administration." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:14 PM by Howard Bashman
"Emails show White House interest in U.S. attorneys firings": McClatchy Newspapers provide this report.
Posted at 07:08 PM by Howard Bashman
"No one blinks, yet, on US attorney firings; Bush and Congress have staked out their battle over turf, and seem headed for a constitutional confrontation": This article will appear Thursday in The Christian Science Monitor.
"Schools 4 free thinkers: In the Supreme Court case over 'Bong hits 4 Jesus,' both sides are wrong." Jonathan Zimmerman will have this op-ed Thursday in The Christian Science Monitor.
Posted at 06:02 PM by Howard Bashman
"Cost-Conscious Federal Courts Trim Needs, Ask for FY 2008 Funding": The Administrative Office of the U.S. Courts has today issued a news release that begins, "The federal courts today asked Congress for enough funding to cover basic operating costs in Fiscal Year 2008, while assuring both Houses that the federal Judiciary is doing its part to contain costs and enhance productivity."
Posted at 05:35 PM by Howard Bashman
"Judge Posner Reads Sutton For All It's Worth -- And Then Some?" Law Professor Sam Bagenstos has this post at his blog "Disability Law." He's writing about today's Seventh Circuit ruling that I previously pointed to here.
Posted at 05:33 PM by Howard Bashman
The Associated Press is reporting: Now available online is an article headlined "Morgan Stanley-Perelman Judgment Flipped." My earlier coverage appears here.
We be jammin' (and we also be overturnin' our jammin' conviction): The Associated Press today provides a report that begins, "State Democrats want Congress to investigate whether politics delayed prosecution of a Republican phone-jamming plot in New Hampshire until after the 2004 presidential election. The national furor over alleged politics in the firings of eight federal prosecutors prompted the move, state party Chairwoman Kathy Sullivan told The Associated Press on Tuesday. The scheme devised by state and national Republicans jammed local Democratic ride-to-the-polls and a nonpartisan get-out-the-vote phone bank for about 90 minutes on Election Day 2002, the year of a hotly contested U.S. Senate race between then-Gov. Jeanne Shaheen, a Democrat, and then-U.S. Rep. John Sununu, a Republican, who won. The case resulted in four criminal convictions, including that of strategist James Tobin, of Bangor, Maine, who was New England chairman of President Bush's re-election campaign two years later."
And back in May 2006, The Washington Post published an article headlined "GOP Official Faces Sentence in Phone-Jamming; Democratic Lines Were Blocked in 2002 as New Hampshire Elected U.S. Senator." The GOP official in question was James Tobin.
Today, a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued this ruling overturning Tobin's conviction and sentence and sending the case back to the trial court for further proceedings.
"Oh deer!" update: The Daily Telegram of Superior, Wisconsin today contains an article headlined "Treatment favored over incarceration for animal abuser" that begins, "A Superior man was placed on probation Tuesday in connection with a charge he had sexual contact with a deer carcass."
And The Associated Press reports that "Man Gets Probation for Dead Deer Sex."
There's still time to register to attend the first annual Matthew J. Ryan Law and Public Policy Forum on the topic "Judicial Independence: Crisis and Opportunity." Two Fridays from now, on March 30, 2007, this event featuring current and former judges, law professors, and even a journalist or two will be held at the National Constitution Center in Philadelphia. Thanks to friend of "How Appealing" Ben Wittes for the heads-up. I am planning to attend. According to the registration brochure that I've posted online, five hours of Pennsylvania CLE credit are available, and the registration fee is just $100.
Posted at 04:45 PM by Howard Bashman
"The Washington Back Channel": In this upcoming Sunday's edition of The New York Times Magazine, Max Frankel will have an article (TimesSelect temporary pass-through link) about the Scooter Libby trial that begins, "So there I sat, watching the United States government in all its majesty dragging into court the American press (in all its piety), forcing reporters to betray confidences, rifling their files and notebooks, making them swear to their confused memories and motives and burdening their bosses with hefty legal fees -- all for the high-sounding purpose, yet again, of protecting our nation's secrets. Top-secret secrets! In wartime!"
"Morgan Stanley wins reversal of $1.58 bln award": Reuters provides a report that begins, "Morgan Stanley won a major victory on Wednesday when a divided Florida state appeals court threw out a $1.58 billion award to billionaire Ronald Perelman over his 1998 sale of camping equipment company Coleman Co. to Sunbeam Corp."
The Palm Beach Post provides a news update headlined "Court throws out verdict against Morgan Stanley for Perelman."
Bloomberg News reports that "Morgan Stanley Wins on Perelman's $1.57 Billion Award."
And MarketWatch reports that "Florida court rejects $1.57 bln verdict vs Morgan Stanley."
"Do the Justices have writer's block? the blue flu? spring (training) fever?" Doug Berman has this post today at "Sentencing Law and Policy."
Posted at 03:55 PM by Howard Bashman
"No word yet on whether Fartman plans to appeal to the Supreme Court. (But I wouldn't hold my breath)." So concludes a post titled "Court rules for Pull My Finger Fred, against Fartman" at the blog "27B Stroke 6" hosted by Wired News.
For those readers who can't get enough of the case, also freely available online are the briefs and appendices (via this link) and the oral argument audio (mp3 file; right click and save to disk)
Access online the transcript of today's U.S. Supreme Court oral argument in Roper v. Weaver, No. 06-313: The Court has posted the transcript at this link.
Posted at 03:25 PM by Howard Bashman
"Judicial Disclosures Off to Slow Start": The Associated Press provides a report that begins, "A new requirement that federal judges promptly tell the public about their expense-paid trips has so far produced no disclosures, a judicial ethics watchdog group said Wednesday. The change went into effect Jan. 1, requiring sponsors of trips to report in advance who is paying for judges' travel and lodging at private seminars. The information is supposed to be made available promptly to the public."
The article reports on a press release titled "Records Show U.S. Courts' Staff Slow-Walking New Junkets Reporting Rules, ExxonMobil Reaping Benefits" issued today by the organization Community Rights Counsel. Two additional, related CRC news releases issued today are titled "CRC Review Finds New Judicial Openness Policy Opening Little For Public; After Nearly Three Months, New Junkets Reporting Standard Has Produced Nothing From Judges" and "Exxon, Punitive Damages, and Judicial Junkets."
U.S. Court of Appeals for the Third Circuit rules in favor of the Nationalist Movement in that organization's appeal challenging a portion of the City of York, Pennsylvania's ordinance governing the use of public land for demonstrations: You can access today's ruling at this link.
Posted at 03:00 PM by Howard Bashman
"Bush, Senate Showdown?" This audio segment (RealPlayer required) featuring Law Professor Jonathan Turley appeared on today's broadcast of the public radio program "Here & Now."
Posted at 02:50 PM by Howard Bashman
On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "House Clears Way for Subpoenas on Attorney Firings" and "GOP Divided on Gonzales Controversy" (RealPlayer required).
Posted at 02:48 PM by Howard Bashman
"High Court Reviews Death Sentence Remark": The Associated Press provides this report on today's U.S. Supreme Court oral argument.
Posted at 02:40 PM by Howard Bashman
"Court query on Teague retroactivity": Lyle Denniston has this post today at "SCOTUSblog.
Posted at 02:07 PM by Howard Bashman
The Americans with Disabilities Act does not compel the nation's largest trucking company to retain a truck driver who was diagnosed with a medical condition that made him susceptible to fainting: Circuit Judge Richard A. Posner 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 01:58 PM by Howard Bashman
Divided three-judge Third Circuit panel affirms the dismissal of Amiri Baraka lawsuit alleging that his constitutional rights were violated when New Jersey eliminated his position as poet laureate of that State: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 01:42 PM by Howard Bashman
"Before the court are consolidated petitions for review which challenge an order of the Federal Communications Commission (FCC) preempting state regulation of telecommunication services which utilize a relatively new technology called Voice over Internet Protocol (VoIP)." So begins a decision that a two-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today. The decision rejects one challenge as unripe and rejects all of the other challenges on the merits.
Posted at 12:00 PM by Howard Bashman
"House Panel OKs Rove, Miers Subpoenas": The Associated Press provides this report.
Posted at 11:04 AM by Howard Bashman
"E-Mails Shed Light on Inner Workings at Justice; Behind the Scenes Tough Scrutiny of U.S. Attorneys by Top DOJ Officials": Lawrence Hurley has this article (free access) today in The Daily Journal of California.
Posted at 11:00 AM by Howard Bashman
On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Fight over Attorney Firings Prompts Subpoena Showdown"; "Leahy Expects Subpoena Power in Attorney Case"; and "Fitzgerald's Justice Ranking Rankles Chicagoans" (RealPlayer required).
Posted at 10:45 AM by Howard Bashman
The Associated Press is reporting: Now available online are articles headlined "Bush Aides Facing Subpoenas Over Firings" and "'Safe' Prosecutor Pick Among Those Fired."
Posted at 10:33 AM by Howard Bashman
"E-mail trail shows power struggle behind US attorneys' firings; Newly released documents show the White House sought the upper hand over US prosecutors and Congress": This article appears today in The Christian Science Monitor.
Posted at 10:30 AM by Howard Bashman
"Bush May Invite Constitutional Showdown Over Attorney Firings": Bloomberg News provides this report.
Posted at 10:28 AM by Howard Bashman
The wonderful thing about Tigger socks: Today in The San Francisco Chronicle, Demian Bulwa and Bob Egelko have an article headlined "Fighting for the right to wear Tigger: ACLU sues Napa school over dress code that requires solid colors, bans all denim."
And The Napa Valley Register provides a news update headlined "Tigger clothing ban causes family to sue school district."
"Break up the FBI: The agency is too large and bureaucratic to effectively fight terrorism." Law Professor John Yoo has this op-ed today in The Los Angeles Times.
Posted at 08:33 AM by Howard Bashman
"Carefully drawn line": Today in The Washington Times, Daniel Gallington has an op-ed that begins, "Gen. Peter Pace, chairman of the Joint Chiefs of Staff, said last week that while he believed that homosexuality was 'immoral,' he supported the Defense Department's 'don't ask, don't tell' policy."
"Bullet Points: The People Debate Fate Of Gun Ban." This article appears today in The Washington Post.
Posted at 08:04 AM by Howard Bashman
"F.B.I. Is Warned Over Its Misuse of Data Collection": The New York Times contains this article today.
The Washington Post reports today that "FBI Violations May Number 3,000, Official Says."
"Lawyers Press Musharraf With Protests; Clash Over Judge Grows Into Challenge of Pakistani Leader's Rule": This front page article appears today in The Washington Post.
Posted at 07:55 AM by Howard Bashman
"The White House and Congress Seem Headed Toward a Familiar Collision": Adam Liptak has this news analysis today in The New York Times. The newspaper also contains articles headlined "Ousted California Prosecutor Previously Had Disputes on Strategy" and "Attorneys' Case Will Be Subject of Political Ad." An editorial is entitled "What People Really Need." And David C. Iglesias has an op-ed entitled "Why I Was Fired."
The Los Angeles Times today contains articles headlined "Bush clashes with Congress over U.S. attorney firings; He refuses to let Rove testify. Democrats say they will issue subpoenas" and "Making a list of reasons for firing U.S. attorneys: Justice Department memos show performance issues were being detailed after the fact in order to justify the terminations."
The Chicago Tribune reports that "Bush takes tough line on firings; Aides can talk to Congress, but not under oath." An editorial is entitled "Not distinguished, eh?" And columnist John Kass has an op-ed entitled "Connecting dots and Fitzgerald's fall."
The Boston Globe reports that "Bush, Democrats clash on prosecutors; President backs AG, refuses call for aides to testify." And Thomas M. Boyd has an op-ed entitled "The US attorney mess."
USA Today contains a front page article headlined "Bush defiant in prosecutors probe; Vows constitutional battle to prevent aides' testimony." In addition, Ross K. Baker has an op-ed entitled "Dismissals of U.S. attorneys fit Bush pattern: Bypass Congress."
The Washington Times reports that "Bush to fight Democratic subpoenas."
"Ex-Captive in Guantanamo Makes Run for Office in Australia": The New York Times contains this article today.
Posted at 07:40 AM by Howard Bashman
"Protect student speech -- even 'unwise' bong banner; Precedent, common sense favor student in Supreme Court case": This editorial appears today in USA Today.
In response, Kenneth W. Starr has an op-ed entitled "Policy reflects common sense; Principal should have right to stop drug-promoting publicity stunt."
And The Washington Post today contains an editorial entitled "Precedent 4 Student Speech: An unusual First Amendment case."
"Analysis: Impetus from an Enron ruling?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 07:30 AM by Howard Bashman
"New Technique Lets Bloggers Tackle Late-Night News Dumps": Josh Gerstein has this article today in The New York Sun.
Posted at 06:40 AM by Howard Bashman