Thursday, July 10, 2008
"Guantanamo: Calling All Lawyers." This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:37 PM by Howard Bashman
Fourth Circuit rejects Eighth Amendment challenge to Virginia's method for lethal injection: Today's ruling issued by a 2-1 vote.
The Richmond Times-Dispatch provides a news update headlined "Appeals court backs Va. execution procedures."
"Justices restore sex charges in grave-digging case; Wisconsin Supreme Court overturns lower court, saying the implied intent of statutes forbid sex with a corpse": This article appears today in The Telegraph Herald of Dubuque, Iowa.
At the risk of sounding too much like Justice Oliver Wendell Holmes, Jr.'s opinion for the U.S. Supreme Court in Buck v. Bell, perhaps society would be better off if those who would engage in this type of conduct were only allowed to procreate with corpses.
"Laughter at the Supreme Court: Yes, the justices tell lawyer jokes." Lee Ross has this article online at The Weekly Standard.
Posted at 03:00 PM by Howard Bashman
"The Fair Housing Act requires accommodation of handicaps but not religious beliefs and practices." The condominium association at a residential building in Chicago adopted a rule prohibiting owners from displaying signs that could be seen from the hallways on their doors. To the dismay of the person who chaired the committee that devised this rule, the rule was later construed to prohibit the affixing of a mezuzah to the outside doorframes of condominium units.
Today, the U.S. Court of Appeals for the Seventh Circuit issued a decision examining whether the condominium's rule, which is no longer in effect, violated the Fair Housing Act. By a 2-1 vote, the court answers "no" in a majority opinion written by Chief Judge Frank H. Easterbrook. Circuit Judge Diane P. Wood dissented.
"Detainees advised not to act as own lawyers; A Guantanamo judge warned the 9/11 terror suspects that he may not let them see top-secret evidence against them, even if they serve as their own attorneys": Carol Rosenberg has this article today in The Miami Herald.
And The Los Angeles Times reports today that "Judge urges 9/11 suspects to accept legal help; He says they will lose access to evidence. Both insist they were not bullied into firing their lawyers."
"Barney the purple torturer? The arranger of 'I Love You' is skeptical of the song's interrogation value." Bob Singleton has this op-ed today in The Los Angeles Times.
Posted at 12:00 PM by Howard Bashman
"The discipline of committing one's thoughts to paper not only promotes thoughtful consideration but also creates a surer path of communication with the reviewing court." So observes Seventh Circuit Judge Richard A. Posner in an opinion issued yesterday on behalf of a unanimous three-judge panel of that court, in the course of suggesting that "when a judge decides to impose an out-of-guidelines sentence--whether it is above or below the guidelines range--he write out his reasons rather than relying entirely on the transcript of his oral remarks to inform the reviewing court of his grounds."
Posted at 11:54 AM by Howard Bashman
"Judge Posner on Attorney's Fees to Defendants ": William Patry has this post today at "The Patry Copyright Blog."
Another Ninth Circuit victory for Americans with Disabilities Act accessibility crusader Jarek Molski: The U.S. Court of Appeals for the Ninth Circuit issued this ruling yesterday.
And on Tuesday of this week, Metropolitan News-Enterprise reported that "Disability Activist Wins One Case, Loses Another in C.A.; Panel Rules in Latest Cases Brought by Prolific Plaintiff Molski."
"Court voids deadline for filers for president": Today in The Arizona Daily Star, Howard Fischer has an article that begins, "Arizona's early-June deadline for independent presidential candidates to get on the general-election ballot is illegal, a federal appellate court ruled Wednesday. In a unanimous decision, the 9th U.S. Circuit Court of Appeals accepted the arguments by an attorney for Ralph Nader that the deadline, which applies only to those not affiliated with major parties, is unfair."
"Senate Approves Bill to Broaden Wiretap Powers": The New York Times contains this article today.
The Washington Post reports today that "Obama Joins Fellow Senators in Passing New Wiretapping Measure."
USA Today reports that "Senate OKs surveillance revamp; FISA bill will protect telecoms."
And from National Public Radio, today's broadcast of "Morning Edition" contained an audio segment entitled "Senate Approves Hotly Contested FISA Bill," while yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Senate OKs FISA Bill, Immunity For Telecom Firms" and "New FISA Bill Dramatic Departure From Old Law." RealPlayer is required to launch these audio segments.
"Mukasey Vows Smooth Transition At Justice for Next Administration": This article appears today in The Washington Post.
"Jury selection to restart for Nichols case; Judge refuses new delay for defense attorneys' arguments; Murder defendant claims he was insane during shootings": The Atlanta Journal-Constitution contains this article today.
And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Delays Costly In Courthouse Slaying Suspect's Trial" (RealPlayer required).
"The Government and Your Laptop: Congress should pass a law that allows the government to look at data on laptops only when it has a reasonable suspicion about the specific person being searched." This editorial appears today in The New York Times.
Posted at 08:17 AM by Howard Bashman
"Build a Wiffle Ball Field and Lawyers Will Come": And not in order to play Wiffle ball, according to this article published today in The New York Times.
Posted at 08:03 AM by Howard Bashman
"The Era of Big Punitive Damage Awards Is Not Over: The Exxon Valdez case won't count for much without state tort reforms." Ted Frank has this op-ed today in The Wall Street Journal.
Posted at 07:58 AM by Howard Bashman
In commentary available online from FindLaw: Sherry F. Colb has an essay entitled "The U.S. Court of Appeals for the Eighth Circuit Approves An 'Informed Consent' Requirement for Abortions: The Slippery Quality of Statutory Definitions."
And Steve Sanders has an essay entitled "The Case for a Right of Marriage Recognition: Why Fourteenth Amendment Due Process Should Protect Same-Sex Couples Who Change States."
"Constitutional Drift: Obama veers to the right, but does he need to take the Constitution with him?" Doug Kendall and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 12:55 AM by Howard Bashman
The Associated Press is reporting: Now available online are articles headlined "La. attorney general to appeal "'Angola 3' ruling"; "Tenn. man's murder retrial could hinge on DNA"; and "Atlanta courthouse shooting trial set to open."
Posted at 12:45 AM by Howard Bashman
Of corpse necrophilia is illegal, Supreme Court of Wisconsin holds: The Associated Press provides a report headlined "Court: Wisconsin law bans sex with dead bodies."