Tuesday, July 8, 2008
Available online from law.com: Pamela A. MacLean of The National Law Journal reports that "Judicial Advisers Line Up Behind Obama, McCain; Influential attorneys on both sides look to reshape federal bench."
And Shannon P. Duffy reports that "Splenda Awarded Injunction Against Generic Sweetener."
"Nichols' lawyers ask for shorter work week; Judge in Fulton Courthouse murder case says no": The Atlanta Journal-Constitution provides this news update.
And law.com reports that "Judge Rejects Final Bids to Delay Trial of Ga. Courthouse Shooter; Questions over defense motion to boot county prosecutors off the case and plan to move case won't stop voir dire."
Articles and papers of interest available for download via SSRN: Steven G. Calabresi and Sarah E. Agudo have posted an article titled "Individual Rights Under State Constitutions When the Fourteenth Amendment Was Ratified in 1868: What Rights are Deeply Rooted in American History and Tradition?" (abstract with link for download; via "Legal Theory Blog").
Thomas Colby has posted an article titled "Clearing the Smoke from Philip Morris v. Williams: The Past, Present, and Future of Punitive Damages" (abstract with links for download; via "Legal Theory Blog").
Paul Hughes has a paper titled "Not a Failed Experiment: Wilson-Saucier Sequencing and the Articulation of Constitutional Rights" (abstract with link for download; via "Legal Theory Blog").
And Larry Alexander and Saikrishna Prakash have an article titled "Tempest in an Empty Teapot: Why the Constitution Does Not Regulate Gerrymandering" (abstract with links for download; via "Legal Theory Blog").
"The question whether the equitable doctrine of laches may bar a claim for copyright infringement that was filed within the statute of limitations has generated a circuit split and is a question of first impression in this circuit." In a Scientology-related ruling issued today, the U.S. Court of Appeals for the Eleventh Circuit holds that "[o]nly in the most extraordinary circumstances will laches be recognized as a defense" to a claim for copyright infringement.
Posted at 08:30 PM by Howard Bashman
"Shocking Ruling From The Seventh Circuit: 'Less' Doesn't Mean 'More.'" Sean Costello has this post at the "Drug and Device Law" blog.
"Court keeps cell tower backup rules on hold": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 05:22 PM by Howard Bashman
"The Election and the Supreme Court--Possible Vacancies Ahead?" Doug Kmiec has this post at Slate's "Convictions" blog.
Posted at 04:22 PM by Howard Bashman
If the Chief Justice can quote Bob Dylan, then surely a D.C. Circuit Judge can quote Jimi Hendrix: And you don't have to look beyond the first line of D.C. Circuit Judge Janice Rogers Brown's opinion issued today for the lyric in question.
Posted at 04:08 PM by Howard Bashman
"US war crimes court to resume at Guantanamo": The Associated Press provides this report.
And Carol Rosenberg of The Miami Herald has a news update headlined "ACLU: Treasury Dept. is stonewalling Gitmo attorneys."
"McCain newly assertive on judicial philosophy": This article appears today at Politico.com.
Posted at 02:18 PM by Howard Bashman
"The (Chief) Justice League: Has Roberts really engineered a Supreme detente?" Lester Feder has this "Campaign Desk" item online at the Columbia Journalism Review.
Posted at 02:08 PM by Howard Bashman
"Abu-Jamal seeks new trial in Phila. officer's slaying": Today in The Philadelphia Inquirer, Emilie Lounsberry has an article that begins, "Pennsylvania death-row inmate Mumia Abu-Jamal has asked a federal appeals court to reconsider the decision that denied him a new trial in the 1981 slaying of Philadelphia Police Officer Daniel Faulkner."
May a criminal defendant who has chosen to represent himself at trial without the assistance of counsel elect, through disruptive conduct that causes him to be removed from the courtroom, to forfeit his ability to cross-examine adverse witnesses? The U.S. Court of Appeals for the Second Circuit, in a ruling issued today, suggests that this question is worthy of U.S. Supreme Court review.
Posted at 10:57 AM by Howard Bashman
"A Historian, a Lawyer, and the Heller Decision": Yesterday, Bloggingheads.tv posted online this diavlog consisting of a discussion between Jack Rakove and Eugene Volokh.
"Judge sends rambling lawsuit back for a rewrite; Lawyers aren't particularly known for brevity, but Vancouver, Wash., lawyer Dean Browning Webb has taken wordiness to new extremes, according to a federal judge who ordered Webb to tighten his 465-page lawsuit": This article appeared last Friday in The Seattle Times.
And The Associated Press reports that "Wash. judge tells verbose lawyer to make it snappy."
I have posted online at this link the recent ruling of the U.S. District Court for the Western District of Washington.
"Scholars & Scribes Review the Rulings: The Supreme Court's 2007-2008 Term." The Heritage Foundation will be hosting this event beginning at 10 a.m. eastern time today. According to that organization's web site, video of the event (once it begins) can be viewed live, online using either RealPlayer or Windows Media Player.
"Put War Powers Back Where They Belong": James A. Baker III and Warren Christopher have this op-ed today in The New York Times.
Posted at 09:14 AM by Howard Bashman
"Compromising the Constitution": The New York Times today contains an editorial arguing that "[t]he Senate should reject a bill this week that would needlessly expand the government's ability to spy on Americans and ensure that the country never learns the full extent of President Bush's unlawful wiretapping."
"State high court denies new trial for Iraq vet": Bill Rankin has this article today in The Atlanta Journal-Constitution. According to the article, "The grisly Muscogee County murder loosely inspired the movie, 'In the Valley of Elah.'"
"Registry law called 'unfair to homeless'; Sex offenders are required to list an address, even if they don't have one": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "Georgia's sex offender registry law should be struck down because it makes homelessness a crime, a lawyer told the state's highest court on Monday."
Posted at 08:45 AM by Howard Bashman
"Court Nominee Accused of Plagiarism Won't Withdraw": The Washington Post contains this article today.
"9/11 Families Lose Bid To Search For Remains": This article appears today in The New York Times.
And today in The New York Sun, Joseph Goldstein reports that "Judge Rules for City on Search for September 11 Victim Remains."
You can access yesterday's ruling of the U.S. District Court for the Southern District of New York at this link.
Available online from law.com: Tony Mauro reports that "Souter Causes Stir With Footnote in 'Exxon' Case; What did the justice mean with brief reference to Exxon paying for studies?"
And in other news, "Judge Calls Lawyers Greedy but Panel Approves Fees; 11th Circuit judges issue three separate opinions on reward for foster care case." My earlier coverage of last Thursday's Eleventh Circuit ruling appears at this link.