Tuesday, August 2, 2005
Available online from law.com: An article is headlined "The Flower of the Reagan Revolution: The nomination of John Roberts Jr. to the Supreme Court is the product of two decades of planning."
In other news, "Calif. Justices: Businesses Must Give Domestic Partners Marital Benefits."
"Court Nominee Prizes 'Modesty,' He Tells the Senate": This article will appear Wednesday in The New York Times. You can access the text of U.S. Supreme Court nominee John G. Roberts, Jr.'s answers to the Senate Judiciary Committee's questionnaire here (part one) and here (part two).
Fifth Circuit holds that the University of Texas' anti-spam policy is permissible under the First Amendment's commercial speech jurisprudence: Circuit Judge Jerry E. Smith issued today's ruling on behalf of a unanimous three-judge panel.
Posted at 08:40 PM by Howard Bashman
"Professor Tribe Debunks Myths Surrounding Roberts Nomination": "ACSBlog" has a post that points to links to online video of Law Professor Laurence H. Tribe's keynote address at the 2005 ACS National Convention.
Posted at 08:35 PM by Howard Bashman
"Roberts put in hundreds of hours of pro bono work": Ron Hutcheson of Knight Ridder Newspapers provides this report.
Posted at 08:00 PM by Howard Bashman
"Roberts Insists He'll Respect Precedent": Hope Yen of The Associated Press provides this report.
Posted at 07:55 PM by Howard Bashman
"This case *** requires us, as a matter of first impression for this circuit, to lay out a framework for determining when such extraterritorial use of the Lanham Act is proper. In doing so, we choose not to adopt the formulations used by various other circuits." The U.S. Court of Appeals for the First Circuit issued this opinion today.
Posted at 05:50 PM by Howard Bashman
U.S. Court of Appeals for the Second Circuit issues opinion in case concerning attorney fee dispute involving Edward King, the guitar player who co-wrote several of Lynyrd Skynyrd's biggest hits: You can access today's interesting ruling at this link.
Posted at 05:40 PM by Howard Bashman
"Roberts Helped to Rebut Rights Criticism": Hope Yen of The Associated Press provides this report. The documents that The U.S. National Archives and Records Administration released today can be accessed online via this link.
Bloomberg News reports that "Top Court Nominee's Memos Questioned Right to Privacy." The memos at issue can be viewed here and here.
Reuters is reporting: James Vicini has an article headlined "US top court nominee supported Reagan policies."
"Roberts, Sen. Byrd hit it off; Bush court nominee makes good impression by revealing respect for Constitution": This article appears today in The Charleston (W.Va.) Daily Mail.
Posted at 04:00 PM by Howard Bashman
"Slate's Jurisprudence: High Court Liberal Drift?" This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:55 PM by Howard Bashman
The Associated Press is reporting: Now available online are articles headlined "Reporter Miller Enters Fifth Week in Jail"; "Appeals court rules against Hawaiians-only admissions"; and "Death Penalty Upheld in Slain Student Case."
Posted at 03:42 PM by Howard Bashman
"U.S. court scales back patent ruling against RIM": Reuters provides this report concerning an order and revised opinion that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 02:10 PM by Howard Bashman
"The issue considered here is a significant one in our statutory civil rights law: May a private, nonsectarian, commercially operated school, which receives no federal funds, purposefully exclude a student qualified for admission solely because he is not of pure or part aboriginal blood?" A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today has issued that court's decision in Doe v. Kamehameha Schools. According to the majority opinion, "we agree with Doe and find that the Schools' admissions policy, which operates in practice as an absolute bar to admission for those of the non-preferred race, constitutes unlawful race discrimination in violation of [42 U.S.C.] § 1981."
Posted at 01:05 PM by Howard Bashman
Former U.S. Supreme Court nominee Robert H. Bork appeared on this morning's broadcast of C-SPAN's "Washington Journal": You can view Judge Bork's quite interesting appearance online by clicking here (RealPlayer required).
Posted at 01:00 PM by Howard Bashman
En banc U.S. Court of Appeals for the Eighth Circuit issues its decision in Republican Party of Minnesota v. White: The majority today holds that campaign-related limitations on candidates for elective judicial office, prohibiting partisan activities and fundraising solicitation, violate the First Amendment. You can access today's ruling at this link.
The Eighth Circuit's earlier rulings in this case can be accessed via this link, while the U.S. Supreme Court's earlier ruling in this case can be accessed via this link.
"Wal-Mart's Bid to Void Suit Calls It Too Big": The Los Angeles Times yesterday contained an article that begins, "The world's biggest retailer hopes to derail history's biggest private civil-rights case next week by arguing before a federal appellate panel that a massive gender-discrimination suit against Wal-Mart is too big."
Posted at 11:35 AM by Howard Bashman
Remote Control: The Supreme Court's greatest failing is not ideological bias--it's the justices' increasingly tenuous grasp of how the real world works." Stuart Taylor Jr. will have this essay in the September 2005 issue of The Atlantic Monthly.
Posted at 10:12 AM by Howard Bashman
"Groups Take Roberts Campaign to Voters": Hope Yen of The Associated Press provides this report.
Posted at 10:10 AM by Howard Bashman
"The Expanding Power of a Recess Appointment": David Welna had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition." In the report, Welna appears to confuse Ninth Circuit nominee William Gerry Myers III with Eleventh Circuit Judge William H. Pryor, Jr.
Posted at 09:38 AM by Howard Bashman
Available online at Slate: Jack Shafer has a press box essay entitled "Judge Posner's Incorrect Verdict: He hacks on and on about the 'crisis' in old media in the Times Book Review."
And Christopher Hitchens has an essay entitled "Catholic Justice: Quit tiptoeing around John Roberts' faith."
"Domestic partners ruled to be equal to married pairs in state businesses": Bob Egelko has this article today in The San Francisco Chronicle.
In The Los Angeles Times, Maura Dolan reports today that "Court Ruling Aids Domestic Partnerships; State justices say businesses must give spousal privileges to registered couples; Case could complicate debate on same-sex marriage."
In The San Jose Mercury News, Howard Mintz has an article headlined "Court: Golf club rights extend to same-sex pairs; State ruling prelude to marriage ban fight."
The San Diego Union-Tribune reports that "Domestic partners supported by ruling; Lesbian couple had sued Bernardo Heights club."
And The North County Times contains an article headlined "State high court: Club must allow gay partners same discounts as married couples."
"Privilege at Stake With Nominees; Bush Aims to Reassert Presidential Power in Debate Over Roberts, Bolton": The Washington Post today contains this news analysis, along with an op-ed by columnist E.J. Dionne Jr. entitled "Why It's Right to Ask About Roberts's Faith."
The St. Petersburg Times reports today that "Roberts faces new challenge: a clause; It's 'the everything clause' of the Constitution; And how this high court nominee interprets it has sparked a controversy."
The Ventura County Star reports that "Reagan Library helps Roberts' researchers."
Newsday reports that "Roberts' resume backs Dems' claim."
The Morning Call of Allentown, Pennsylvania contains an article headlined "Respected steel manager: High court nominee's father ran plant, mill for Bethlehem Steel."
The Morning News of Fayetteville, Arkansas reports that "Pryor Sees Smooth Nomination For Roberts; Senator Credits 'Gang Of 14' With Productivity."
The Washington Times contains an article headlined "Democrats vow not to take out anger on Roberts" and an editorial entitled "Roberts's conservative leanings." In addition, Bruce Fein has an op-ed entitled "Politics by other means," while Michael Barone has an op-ed entitled "Clerk dependency."
In The Orlando Sentinel, David C. Steinmetz has an op-ed entitled "Whose original intention? John Roberts and the Constitution."
In The Rochester (N.Y.) Democrat and Chronicle, Michael Filozof has an op-ed entitled "Hope new justice reunites the Supreme Court, Constitution."
And in The Providence (R.I.) Journal, John R. MacArthur has an op-ed entitled "Ugliness of illegal abortion - What's at stake in the Roberts appointment."
"Appeals panel OKs state's bar exam ban; Foreign lawyers may seek another ruling": This article appears today in The Times-Picayune of New Orleans.
Posted at 06:35 AM by Howard Bashman