Available online from law.com:
Tony Mauro reports that "Watchdog Group Singles Out 'Junketing Judges.'
" Meanwhile, in related news, The Associated Press reports that "2 Lawmakers Call for Judiciary Watchdog
And the brand new installment of my "On Appeal" column is headlined "Considering a Likely Appeal in the Moussaoui Case." I thank the Moussaoui jury for failing to render a verdict late this afternoon, which would likely have triggered a panicked last-minute rewrite of my essay.
"Court of Appeals to Hold Special Sitting at University of Washington":
The U.S. Court of Appeals for the Ninth Circuit
issued this news release
"Interesting Development in Padilla v. Lever Case":
Rick Hasen has this post
at his "Election Law" blog on the Ninth Circuit
's en banc order
issued today that I earlier noted here
. An attorney connected with the case advises me via email that the case remains scheduled for an en banc oral argument before a fifteen-judge panel on June 22, 2006.
"Starr Mounts Challenge to Sarbanes-Oxley":
The Associated Press provides a report
that begins, "A constitutional challenge by conservatives to the law that reshaped corporate governance after a wave of business scandals likely will end up before the Supreme Court, attorney Kenneth Starr says."
"Phone Home: Courts must enforce the consular rights of foreign nationals."
Law Professor Carlos M. Vázquez
has this essay
in the current issue of Legal Times.
Back home from Cambridge, Massachusetts:
Today marked my third speaking engagement at the Harvard Law School
, and my fourth speaking engagement in the Boston area, since I began this blog in May 2002. Today's event
was great fun, and it was a pleasure to finally meet in person so many law professor bloggers whose work I have long admired from a distance. At some point later this weekend, I may offer further thoughts on the event and the bloggers I had the pleasure of meeting.
In this post at his "Sentencing Law and Policy" blog, Doug Berman links to others who were live-blogging, in part or in full, today's event.
"The issue before us is whether a parent who is also an attorney can receive attorneys' fees for the representation of his child in a suit brought under the Individuals with Disabilities in Education Act":
The U.S. Court of Appeals for the Second Circuit
answers "no" in a ruling that you can access here
"Judge postpones hearing on using lethal injections; Killer's execution put on hold until at least September":
Bob Egelko has this article
today in The San Francisco Chronicle. Earlier today, I collected additional news coverage at this link
Municipal ordinance requiring door-to-door canvassers who plan to "hand pamphlets or other written material" to residents or discuss with them "issues of public or religious interest" to first register with the police department violates the First Amendment:
The U.S. Court of Appeals for the Third Circuit
issued this decision
"We hold that the District Court erred in concluding that the state owes an affirmative due process duty of care to residents of a state institution who are free to leave state custody."
A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit
issued this opinion
The Associated Press is reporting:
Now available online are articles headlined "Court Rules New York Can Sue Countries
" and "Judge Won't Restrict Padilla's Lawyers
In the election law case of Padilla v. Lever, the en banc Ninth Circuit has voted to withdraw the opinion of the three-judge panel:
You can access today's order at this link
. Today's order comes eight days after the court announced
that it had granted rehearing en banc in the case. It is unclear, at least to me, whether this marks the conclusion of the Ninth Circuit's involvement in the case.
"Feinstein Faces Long Odds in Fight to Keep Seat for a Californian":
Lawrence Hurley has this article
today in The Daily Journal of California.
"We had a great time!"
You can access here
a post from one of the people who attended last night's meet-the-law-bloggers gathering.
"[T]his case presents the limited question of whether Title VII's prohibition on discrimination on the basis of 'sex' includes a termination on the basis of an employee's admitted, consensual sexual conduct with a supervisor."
The U.S. Court of Appeals for the Eighth Circuit
issued this decision
"Moussaoui Jurors Told to Follow Guidelines":
The Associated Press provides a report
that begins, "The judge in Zacarias Moussaoui's death penalty trial admonished jurors Friday to avoid looking up words in the dictionary after learning that one went on the Internet to see what 'aggravating' means."
"Moussaoui Jury Faces Dozens of Questions":
The Associated Press provides this report
"CRC Report Says Increased Amount of 'Junkets for Judges'":
law.com's Tony Mauro provides this report
Update: The web site of Community Rights Counsel provides a news release entitled "Despite Years of Growing Outrage, Corporate Junkets for Judges Increase by 60%."
"Jury clears Diaz; Justice found not guilty in tax trial": This article
appears today in The Clarion-Ledger of Jackson, Mississippi.
On the agenda:
Today I'll be appearing with an impressive group of other law bloggers at Harvard Law School
at an event titled "Bloggership: How Blogs Are Transforming Legal Scholarship
." The event is free and open to the public, and audio of the event will be streamed live online (details available via this link
And at lunchtime today, I hope to visit Ed Whelan's event titled "The Next Supreme Court Vacancy: Lessons from the Roberts and Alito Confirmation Processes," which is taking place just down the road from my event.
Last night I met for the first time many of the people participating in today's conference, and it was wonderful to finally meet in person various law professor bloggers whose work I have greatly admired from a distance. At some point, photos from the event will begin to appear online. Law Professor Christine Hurt (who blogs here) at last night's dinner took a photo of me with Law Professor Charles R. Nesson (who blogs here).
The location where today's program will take place supposedly has internet access, so regular postings should appear here throughout the day.
In news from Kansas:
The Topeka Capital-Journal today contains articles headlined "Mays expected to seek inquiry into Nuss
" and "Topekan files complaint against judge
The Kansas City Star reports today that "Lunch meeting snarls school debate; Lawmakers seek formal inquiry."
And The Associated Press reports that "Nuss controversy leads to citizen's inquiry about McFarland."
"Death row inmate gets time for appeal":
The Kansas City Star today contains an article
that begins, "Condemned Missouri inmate Michael A. Taylor will have an additional 60 days to complete his appeals on the state's lethal injection procedures, a federal appeals court ruled Thursday."
And The St. Louis Post-Dispatch reports today that "Appeals court orders new hearing in KC on execution by injection."
"State Senate Votes To Cut Power Of Chief Justice":
The Hartford Courant today contains an article
that begins, "In a rebuke of retired Supreme Court Chief Justice William J. Sullivan, a divided state Senate voted Thursday to limit the ability of future chief justices to reach outside the court for judges to decide cases."
"Another testy day for Lay; His patience wears thin as the trial wears on":
Mary Flood has this article
today in The Houston Chronicle, which also contains an article headlined "Lay's tough side shows through; The ex-CEO has been anything but the grandfatherly foil to Jeff Skilling
The Los Angeles Times today contains a news analysis headlined "Surprise of Enron Trial Is Lay's Surly Manner; Known for charm, the ex-chairman may have damaged his case with sarcasm and snippiness."
The Washington Post reports that "Stock Sales Scrutinized In Enron Trial."
The New York Times reports that "Enron Prosecutor Attacks Theory of 2001 Collapse."
And USA Today reports that "Lay denies he tried to hide sale of stock; Former CEO sold those shares due to margin calls."
In today's edition of The Los Angeles Times:
An article reports that "Detainee Defiantly Admits Charges; An indicted Saudi held at the Guantanamo Bay prison tells a war crimes tribunal he is 'willing to pay the price, no matter what it is.'
And an editorial entitled "The laws of madness" states, "Last week, Arizona asked the U.S. Supreme Court to allow it to gut a definition of legal insanity that has been on the books since 1843."
"Juror Illness Causes Delay In Moussaoui Deliberations": This article
appears today in The Washington Post.
The Los Angeles Times reports today that "Juror's Illness Stalls Moussaoui Trial Deliberations."
And The Richmond Times-Dispatch reports that "Moussaoui deliberations suspended; Juror who had called in sick is better; panel set to resume today."
The next installment of my "On Appeal" column for law.com, scheduled to appear online tonight, will examine potential appellate issues in the Moussaoui case.
"No more executions in 2006; Judge delays hearing on challenge to state's injection method":
Howard Mintz has this article
today in The San Jose Mercury News.
And today in The Los Angeles Times, Henry Weinstein reports that "Executions Unlikely for Rest of Year; Federal judge orders a delay in condemned killer Michael Morales' legal challenge to the state's use of lethal injections."
The Washington Post is reporting:
In today's newspaper, an article headlined "Supreme Court Barrier Denied; D.C. Rejects Anti-Terror Proposal After Neighbors' Complaints
" begins, "The D.C. government yesterday denied a request by the Supreme Court to install a pop-up barrier on a nearby Capitol Hill street after neighbors complained that the anti-terrorism device would deflect the impact of any explosion onto them."
And in other news, "Little Is Clear in Laws on Leaks; Statutes Regarding Classified Data Called Hard to Prosecute."
Available online from The New York Times:
Today's newspaper reports that "Judges Stress Intellectual Property in Microsoft Appeal
And TimesSelect subscribers can access an item entitled "Readers Respond to 'Reining In Justice Scalia.'"
"A Day in Court: Scalia floats and Breyer rocks."
Daniel Henninger has this op-ed
today in The Wall Street Journal.