Wednesday, April 2, 2008
"Baboon provided needed link in BALCO test": Lance Williams has this article today in The San Francisco Chronicle.
"Yoo Talkin' to Me? Plausible deniability, and other reasons why warfare by midlevel legal memoranda is a really bad idea." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:57 PM by Howard Bashman
"Memo Justified Warrantless Surveillance": The Associated Press provides a report that begins, "For at least 16 months after the Sept. 11 terror attacks in 2001, the Bush administration believed that the Constitution's protection against unreasonable searches and seizures on U.S. soil didn't apply to its efforts to protect against terrorism. That view was expressed in a secret Justice Department legal memo dated Oct. 23, 2001. The administration on Wednesday stressed that it now disavows that view."
According to The AP's article, "The 37-page memo is classified and has not been released. Its existence was disclosed Tuesday in a footnote of a separate secret memo, dated March 14, 2003, released by the Pentagon in response to a Freedom of Information Act lawsuit by the American Civil Liberties Union."
"Justice Probes Lawyer's Dismissal Amid Gay Rumor": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:50 PM by Howard Bashman
"Wecht defense objects to excusing sick juror": The Pittsburgh Post-Gazette provides a news update that begins, "Attorneys for Dr. Cyril H. Wecht this afternoon filed an emergency motion asking a judge to vacate his order excusing a juror who fell ill yesterday afternoon."
"Lawyer to appeals court: Clear Skilling of Enron charges." The Houston Chronicle provides this news update.
Posted at 08:42 PM by Howard Bashman
"Skilling hearing concludes with a smaller audience than expected": The Times-Picayune of New Orleans provides a news update that begins, "A hearing for former Enron chief executive Jeffrey Skilling at the 5th U.S. Circuit Court of Appeals in New Orleans this afternoon commanded less of an audience than some of the post-Hurricane Katrina insurance cases heard in New Orleans." According to the article, seats remained in the courtroom where the appeal was being argued, and thus the available overflow courtrooms did not need to be used.
"Enron onlookers bring cocktail party atmosphere to court library": A little earlier this afternoon, The Times-Picayune of New Orleans posted online a news update that begins, "The normally quiet library at the 5th U.S. Circuit Court of Appeals on Camp Street is filled with noisy chatter at this hour as a crowd gathers in anticipation of hearing former Enron Corp. chief executive Jeffrey Skilling's appeal this afternoon."
Posted at 04:37 PM by Howard Bashman
"The Green Light: As the first anniversary of 9/11 approached, and a prized Guantanamo detainee wouldn't talk, the Bush administration's highest-ranking lawyers argued for extreme interrogation techniques, circumventing international law, the Geneva Conventions, and the army's own Field Manual; The attorneys would even fly to Guantanamo to ratchet up the pressure--then blame abuses on the military." Philippe Sands will have this article in the May 2008 issue of Vanity Fair magazine.
Posted at 04:33 PM by Howard Bashman
In the April 2008 issue of ABA Journal magazine: David G. Savage has an article headlined "Death for Rape, an Echo of the Past; In a busy month for criminal cases, SCOTUS looks once more at capital punishment."
And the publication also contains an article headlined "A Cowgirl Rides the Circuits; Retired Justice Sandra Day O'Connor puts her brand on federal appellate courts."
"Gableman victorious; Challenger beats Butler in high court race; 1st such ouster since '67": The Milwaukee Journal Sentinel today contains an article that begins, "Burnett County Circuit Judge Michael Gableman won a seat on the Wisconsin Supreme Court by a narrow margin Tuesday, bucking history and becoming the first challenger to knock off an incumbent state Supreme Court justice in more than 40 years. When Gableman takes the seat Aug. 1, it will be the first time in 110 years there hasn't been a justice from Milwaukee."
"Bar wants Scruggs' law license stripped; Formal action would be premature, lawyer's attorney argues": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 02:45 PM by Howard Bashman
Unanimous three-judge Ninth Circuit panel recognizes a state convict's limited due process right of access to the evidence, used to convict him of sexual assault, for purposes of post-conviction DNA testing: You can access today's ruling at this link.
Posted at 02:42 PM by Howard Bashman
Seventh Circuit affirms the dismissal of a securities class action and an ERISA class action against Tribune Company arising from fraudulently overstated circulation figures of two newspapers, Newsday and the Spanish-language Hoy: Circuit Judge Terence T. Evans wrote today's opinion on behalf of a unanimous three-judge panel.
Posted at 02:33 PM by Howard Bashman
"Judge Posner's How Judges Think--Part 1": Ed Whelan has this post today at National Review Online's "Bench Memos" blog. [Update: Part 2 of Ed's series of posts on this book has now arrived, and you can access it here.]
Judge Posner's book, published by Harvard University Press, is scheduled to be released on April 15, 2008. You can read an excerpt by clicking here. And you can learn a bit more about the book via a Columbia Law School news release headlined "How Judges Think: U.S. Appellate Judge And Prolific Author Richard Posner Explains The View From The Bench."
"Senate Shutdown": The Wall Street Journal today contains an editorial that begins, "It's not every day that a Member of the world's greatest deliberative body stops by to chat about his plans 'to close the Senate down.' Especially if his name is Arlen Specter. But the Pennsylvania Republican tells us he's concluded that this is the only way to prod Democrats to vote on, or even hold confirmation hearings on, President Bush's appeals-court nominees."
Posted at 12:00 PM by Howard Bashman
More information about today's oral argument in the case of United States of America vs. Jeffrey K. Skilling, Appellant, No. 06-20885, before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit: The Fifth Circuit has issued this notice regarding the oral argument. The oral argument is scheduled to begin at 2 p.m. central time in Room 223 (also known as the East Courtroom) of the John Minor Wisdom United States Court of Appeals Building, 600 Camp Street, in New Orleans. Once all seats are taken in that courtroom, the Fifth Circuit plans to open up additional courtrooms for the expected overflow crowd, and a live audio feed of the oral argument will be transmitted into those additional courtrooms.
The three-judge panel assigned to hear and decide the appeal consists of Circuit Judges Jerry E. Smith and Edward C. Prado, joined by U.S. District Judge Alia M. Ludlum of the Western District of Texas, sitting by designation.
Previewing the oral argument, The Times-Picayune of New Orleans reports that "Enron CEO's appeal to be heard in N.O. today; large crowds expected in court." And yesterday, the newspaper reported that "Ex-Enron exec fighting verdict; 5th Circuit in N.O. braces for crowds." The newspaper has also posted online Skilling's opening Brief for Appellant and the federal government's Brief for Appellee.
Earlier today, I collected additional press coverage in a post that you can access here. Judge Smith, who will preside over the appellate panel this afternoon, was the first interviewee in this blog's "20 Questions for the Appellate Judge" series. You can access his interview by clicking here.
"Memo: Laws Didn't Apply to Interrogators; Justice Dept. Official in 2003 Said President's Wartime Authority Trumped Many Statutes." Dan Eggen and Josh White have this front page article today in The Washington Post. The newspaper has posted online the now-infamous memo, by Law Professor John C. Yoo, in two parts: part one and part two.
The New York Times reports today that "'03 U.S. Memo Approved Harsh Interrogations."
"The Laws in Wartime: Boost trust, Close Guantanamo and establish a national security court." Jack Goldsmith has this essay online today at Slate.
And Slate today has also posted online an essay by Bruce Fein entitled "The Presidency: End the war on terror as a legal paradigm; abolish military commissions, and restore FISA."
"Va. Executions Are Put on Hold; Kaine Orders Halt Till U.S. Supreme Court Rules on Lethal Injections": This article appears today in The Washington Post.
And The Times-Dispatch of Richmond, Virginia reports today that "Governor Kaine postpones Bell execution; Executions will be stayed till U.S. high court rules in lethal-injection case."
"US judge in DUI rethinks quitting; Arrest, cross-dressing had caused an uproar": The Boston Globe today contains an article that begins, "A federal judge said yesterday that he is reconsidering his resignation, two months after he was charged by New Hampshire authorities with drunken driving. The arrest had caused an uproar, not only because a member of the judiciary had been accused of a crime, but because, as his lawyer confirmed yesterday, US Bankruptcy Court Judge Robert Somma was wearing a woman's dress when he was involved in the car accident that triggered the charges."
Posted at 09:02 AM by Howard Bashman
"Ignoring the Supreme Court: The Bush administration punts on greenhouse emissions." This editorial appears today in The Washington Post.
Posted at 09:00 AM by Howard Bashman
"Antiabortion Ballot Initiative Appears Likely": Today's edition of The Washington Post contains an article that begins, "Abortion opponents in South Dakota filed petitions this week that are likely to put an initiative on November's ballot calling for a near-ban on abortion, renewing a contentious fight over a similar proposal in 2006."
And yesterday's edition of The Argus Leader of Sioux Falls, South Dakota reported that "Backers say ban will pass this time; Groups gear up for abortion fight."
"MHSAA ordered to pay legal bill; Judge: Association owes $7.4 million for gender-equity suit." The Ann Arbor News today contains an article that begins, "With the Michigan High School Athletic Association ordered to pay $7.4 million in legal fees and interest, one area athletic director expects member schools will continue to support the governing body. Regardless of the costs, school districts statewide may be asked to cover the bill. On Monday, U.S. District Judge Richard A. Enslen directed the MHSAA to pay $4.4 million in attorneys' fees relating to a 2007 decision that deemed its previous scheduling system discriminatory to some female student-athletes."
The Detroit News reports today that "Michigan prep sports group to pay $7.4M; Court ruling is big financial blow to Michigan High School Athletic Association."
The Detroit Free Press reports that "Judge orders MHSAA to pay $7 million plus."
The Grand Rapids Press contains an article headlined "Judge: MHSAA to pay $4.5 million."
And The Associated Press reports that "Mich. Athletic Group Ordered to Pay $7M."
I have posted online at this link Monday's ruling of the U.S. District Court for the Western District of Michigan.
"U.S. and Britain at Odds Over Guantanamo Inmate": This article appears today in The New York Times.
Posted at 08:30 AM by Howard Bashman
"Embassy bombings widow criticizes war court": Today in The Miami Herald, Carol Rosenberg has an article that begins, "An American college professor whose Kenyan husband was killed in the 1998 al Qaeda suicide bombing of the U.S. Embassy in Tanzania said Tuesday that a Guantanamo detainee accused in the attack should be tried in a civilian federal court, not by a military commission."
Posted at 08:25 AM by Howard Bashman
"2nd Circuit Allows Bias Claim of White Man With Black Wife": law.com provides this report.
"Atlantic Yards May Prompt 9 To Revisit Eminent Domain": Today in The New York Sun, Joseph Goldstein has an article that begins, "The proposed Atlantic Yards development near downtown Brooklyn could prompt the U.S. Supreme Court to reconsider when government may use eminent domain to seize private property."
The New York Daily News reports today that "Residents being displaced by Atlantic Yards ask Supreme Court to hear case."
The New York Post reports that "'Yards' case to Supremes."
The Associated Press reports that "Property group appeals to Supreme Court in Atlantic Yards case."
And at "SCOTUSblog," Lyle Denniston has a post titled "Kelo sequel to Court."
"Court to Hear Appeal of Enron's Skilling": The Associated Press provides a report that begins, "Former Enron Corp. CEO Jeffrey Skilling's best chance at overturning some of his convictions could hinge on a legal theory by the prosecution, which an appeals court has already decided was flawed. Attorneys for Skilling planned to argue Wednesday before a three-judge panel of the 5th U.S. Circuit Court of Appeals that Skilling's 2006 convictions for his role in Enron's collapse should either be dismissed or he should be retried."
Today's edition of The Houston Chronicle contains articles headlined "Skilling has shot, experts say; 'Honest services' ruling could lead to many convictions being overturned" and "Former Enron boss Skilling brings new strength to appeal."
Bloomberg News reports that "Skilling May Stay in Prison Even If He Wins Enron Fraud Appeal."
And The American Lawyer contains an article headlined "Did Prosecutors Mishandle Skilling Evidence? 5th Circuit to hear latest appeal to overturn former Enron CEO's conviction."
"Lethal Injection and Animal Euthanasia: A Fair Comparison?" Sherry F. Colb has this essay online today at FindLaw.
Posted at 07:57 AM by Howard Bashman