Thursday, April 17, 2008
Available online from National Public Radio: Today's broadcast of "Morning Edition" contained an audio segment entitled "Executions Poised to Resume After Court Ruling" featuring Nina Totenberg.
And today's broadcast of "All Things Considered" contained an audio segment entitled "Former CIA Official Under Investigation over Tapes."
"Verdict on Tennessee Plan may require a jury: For now, appellate judges are appointed; Perhaps it's time that judicial selection involved not just lawyers, but all of us." Law Professor Brian T. Fitzpatrick had this op-ed yesterday in The Memphis Commercial Appeal.
Posted at 10:23 PM by Howard Bashman
"The Justices Deliver Fuzzy Ruling: Supreme Court's 9 Judges Offer 7 (Weak) Opinions On Lethal Injection Case." CBS News legal analyst Andrew Cohen has this essay.
Posted at 10:20 PM by Howard Bashman
Two reviews of two recent books written by Seventh Circuit Judge Richard A. Posner: Today at National Review Online, Edward Whelan has an essay entitled "How Judge Posner Thinks Judges Should Think: An unpersuasive case for pragmatism." Ed's essay reviews Judge Posner's newest book, "How Judges Think." You can access a lengthy excerpt from the book by clicking here.
And in the April 2008 issue of the Michigan Law Review, Ninth Circuit Judge Stephen Reinhardt has this review of Judge Posner's book, "Not a Suicide Pact: The Constitution in a Time of National Emergency."
The Associated Press is reporting: Now available online are articles headlined "CIA: Destroyed videos likely not covered by court order" and "Wis. Supreme Court lets 'shaken baby' ruling stand."
Posted at 03:47 PM by Howard Bashman
"Case and law hinge on taped words; SJC ruling could shift wiretap limits": This article appears today in The Boston Globe.
Posted at 11:34 AM by Howard Bashman
"Wecht judge says he won't step aside; Criticizes defense attorneys and refuses to delay retrial": The Pittsburgh Post-Gazette today contains an article that begins, "The federal judge presiding in the case against Dr. Cyril H. Wecht yesterday refused to delay a retrial and said he would not recuse himself. In his order, U.S. District Judge Arthur J. Schwab also defended his conduct during the first trial while lambasting defense attorneys for theirs since the jury deadlocked last week and a mistrial was declared."
I have posted online at this link yesterday's ruling of the U.S. District Court for the Western District of Pennsylvania.
"White House backs appeal on S.F. health care": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The Bush administration is backing restaurant owners in their challenge to San Francisco's groundbreaking health coverage program before a federal appeals court that will hear the case today."
Posted at 09:08 AM by Howard Bashman
"Supreme Court debates execution in child rape case": This article appears today in The Times-Picayune of New Orleans.
Michael Doyle of McClatchy Newspapers reports that "Supreme Court ponders death for rapists of children."
And at FindLaw, Marci Hamilton has an essay entitled "The Supreme Court Considers Whether Imposing the Death Penalty for Child Rape Is Constitutional: The Arguments For and Against the Penalty."
"Definition of rape widened; Consent can be revoked in mid-act, judges rule": The Baltimore Sun today contains an article that begins, "The state's highest court ruled yesterday that a man can be charged with rape if he ignores a woman's calls to stop - even if she had previously consented to sex. With this expansion of the legal definition of rape, Maryland joins seven other states whose courts have determined that a woman can revoke her consent after intercourse begins."
And The Washington Post reports today that "In Reversal of '06 Decision, Rape Can Be Charged if Consent Is Withdrawn."
"U.S. to Expand Collection Of Crime Suspects' DNA; Policy Adds People Arrested but Not Convicted": This front page article appears today in The Washington Post.
Posted at 08:27 AM by Howard Bashman
"ACLU gets damages over portrait; Group also awarded fees in Slidell case": The Times-Picayune of New Orleans today contains an article that begins, "A federal judge on Wednesday agreed with the American Civil Liberties Union of Louisiana that a decision by Slidell officials to hang a portrait of Jesus on the wall at Slidell City Court was unlawful. It awarded the organization nominal damages as well as attorneys fees for its role in a lawsuit filed last summer. The ruling by U.S. District Court Judge Ivan L.R. Lemelle provides the ACLU with $1 in damages and paves the way for the ACLU to collect the fees it incurred when it sued the court, Judge Jim Lamz, the city of Slidell and St. Tammany Parish."
I have posted online at this link yesterday's ruling of the U.S. District Court for the Eastern District of Louisiana.
"Justices Uphold Lethal Injection in Kentucky Case": Linda Greenhouse has this article today in The New York Times. Adam Liptak reports that "Challenges Remain for Lethal Injection." The newspaper also contains an editorial entitled "The Supreme Court Fine-Tunes Pain."
Today in The Washington Post, Robert Barnes has articles headlined"Justices Uphold Lethal Injection Procedure; Split Reasoning Opens Door to New Challenges" and "In Reversal, Stevens Says He Opposes Death Penalty."
In The Los Angeles Times, David G. Savage reports that "Supreme Court finds lethal injections a humane means of execution; The 7-2 ruling shows strong support for the death penalty among justices and sets a high bar for future challenges." And Maura Dolan reports that "Executions still on hold in California; The U.S. Supreme Court ruling aside, the state faces a number of legal hurdles before it can resume capital punishment."
In USA Today, Joan Biskupic reports that "Justices split hairs over death penalty case; Ky. ruling leaves room for future tests of issue." The newspaper also contains articles headlined "High court clears way to restart lethal injections" and "States move on executions; Ala., Va. could resume penalty in about a month."
Warren Richey of The Christian Science Monitor reports that "Court upholds lethal injection; The 7-to-2 ruling is expected to end a de facto moratorium on executions nationwide."
Jess Bravin of The Wall Street Journal reports that "Supreme Court Upholds Lethal Injections."
Bob Egelko of The San Francisco Chronicle reports that "Lethal injections ruled not cruel punishment."
law.com's Tony Mauro reports that "Supreme Court Upholds Kentucky's Lethal Injections; Stevens becomes first member of high court to openly oppose capital punishment since Blackmun's 1994 retirement."
The Washington Times reports that "Court upholds lethal injection."
The Louisville Courier-Journal contains an article headlined "States can resume executions after ruling; Court: Punishment isn't cruel, unusual."
The Lexington Herald-Leader reports that "Lethal injection method upheld; Kentucky inmates' appeal rejected."
The Richmond Times-Dispatch reports that "Executions likely to resume soon; Governor lifts moratorium after court rejects challenge to lethal-injection method."
The Baltimore Sun reports that "Justices uphold lethal method; Republican leaders urge O'Malley to act on Md. executions."
Howard Mintz of The San Jose Mercury News reports that "Justices' decision won't end debate over lethal injection in California; Supreme Court upholds method used in state."
The Sacramento Bee reports that "Supreme Court backs death penalty, but outcome for California is unclear."
The Press-Enterprise of Riverside, California reports that "High court permits lethal injection; Supreme Court decision ends a moratorium in many states -- but not this one."
The Houston Chronicle reports that "Harris County gets ready to execute 6 killers."
The Austin American-Statesman reports that "Texas' death chamber expected to reopen quickly; High court ruling in Kentucky case upholds use of lethal injections."
The Dallas Morning News reports that "Supreme Court clears way for lethal injections to resume."
The Fort Worth Star-Telegram reports that "High court ruling sets stage for executions to resume in Texas."
The Miami Herald reports that "Death Row executions to proceed; Florida officials rushed to ramp up executions in the wake of the U.S. Supreme Court ruling in a Kentucky case that upheld lethal injections."
The St. Petersburg Times reports that "U.S. Supreme Court upholds lethal injection."
The Birmingham News reports that "Alabama Attorney General Troy King says he'll move quickly to resume executions."
The Mobile Press-Register reports that "Death penalty method upheld; Alabama, other states could soon resume lethal injections after ruling by U.S. Supreme Court."
The Arizona Republic reports that "High court clears way to resume executions."
The Pittsburgh Tribune-Review reports that "Death penalty method upheld."
And James Oliphant of The Chicago Tribune reports that "Stevens new foe of death penalty; Senior justice voices doubt that executions act as a deterrent."
"The Democrats and Gun Control: Don't believe it when Barack and Hillary say they respect the Second Amendment." David Kopel has this op-ed today in The Wall Street Journal.
Posted at 07:55 AM by Howard Bashman
"No need for a shield: Bill would put reporters above the law, cause 'grave consequences.'" Attorney General Michael B. Mukasey has this op-ed today in USA Today.