“Lawyer’s Wife Pleads for Killer to Step Forward”: The Washington Post on Tuesday will contain an article that begins, “Speaking publicly for the first time since her husband’s slaying a year ago, Kathy Wone issued a slow and deliberate message yesterday to whoever killed him: It will be easier if you turn yourself in now.”
The article goes on to report that “D.C. police have not made any arrests in the slaying of prominent lawyer Robert Wone, who was killed late on Aug. 2, 2006, while staying overnight at a friend’s home near Dupont Circle. Wone, 32, was stabbed three times in the chest with a butcher knife that came from the kitchen, police said.”
Available online from law.com: An article reports that “NASCAR Races Into 11th Circuit; Appellate judges question the need for court to patch up telecom companies’ squabble over AT&T car logo.”
And in other news, “Ga. Attorney General to Defend Sex Offender Law on Two Legal Fronts.”
“The Limits of Anti-Kelo Legislation: Reformers are trying to outlaw eminent domain abuse; But will the laws they’re passing be effective?” Ilya Somin has this essay online at Reason.
“Plaintiffs are homeowners who sued their insurers, alleging that their homes were totally destroyed in Hurricanes Katrina and/or Rita.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.
The homeowners sued, seeking to recover the full value of their homes as stated in their policies, arguing that Louisiana law requires an insurer to pay the agreed face value when the property is rendered a “total loss,” even if the “total loss” is due to an excluded peril, so long as a covered peril
causes some damage, no matter how small, to the property. Today’s ruling affirms a federal district court decision holding that the Louisiana law in question does not apply when a total loss does not result from a covered peril. Today’s decision represents another significant hurricane-related appellate victory for the insurance companies.
Don’t discount the justification defense to being a felon in possession of a firearm: A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this interesting ruling today.
“Confidence Man: The FISA Bill and The Real Reason Gonzales Needs To Go.” Benjamin Wittes has this essay online today at The New Republic.
Unanimous three-judge Ninth Circuit panel holds that, in 2000, California’s secretary of state violated the First Amendment when he threatened to prosecute the owners of web sites that encouraged people to “swap” their votes to improve the chances of a Democratic presidential victory: You can access today’s ruling at this link. The panel also unanimously holds that the official in question is entitled to qualified immunity because the constitutionality of halting vote swapping was not clearly established in 2000.
Update: Law Professor Rick Hasen offers these thoughts on the ruling at his “Election Law” blog.
“Gang May Reunite for Deal on Southwick”: Roll Call today contains an article (paid subscription required) that begins, “As Republican Senators prepare for a possible September standoff with Democrats over their choice for the 5th U.S. Circuit Court of Appeals, the remaining members of the bipartisan ‘Gang of 14’ say they may have to come together to help referee the fight.”
Available online from law.com: An article reports that “Judge Who Sued Over Lost Pants May Now Lose Reappointment.”
In other news, “Californian Can Be Sued in N.J. for Alleged Libel on Internet.” You can access last Thursday’s ruling of the Superior Court of New Jersey, Appellate Division, at this link.
An article is headlined “N.J. Appeals Court: Client’s Illegitimate Purpose Isn’t Necessarily the Lawyer’s.” You can access last Wednesday’s non-precedential ruling of the Superior Court of New Jersey, Appellate Division, at this link.
And today’s installment of my “On Appeal” column is headlined “Rx for the Chief Justice: More Work, Less Play.”
“Selective Prosecution”: The New York Times today contains an editorial that begins, “One part of the Justice Department mess that requires more scrutiny is the growing evidence that the department may have singled out people for criminal prosecution to help Republicans win elections.”
“Immigrants are ‘persons’ too: A judge’s ruling against a town’s anti-immigrant measures is welcome, but points to ongoing federal failure.” The Los Angeles Times contains this editorial today.
“Bush Signs Law to Widen Legal Reach for Wiretapping”: This article appears today in The New York Times.
Today in The Boston Globe, Charlie Savage reports that “New law expands power to wiretap; Diminishes oversight of NSA spy program.”
USA Today reports that “New law widens government’s right to listen in; Bush says it closes intelligence gap; Democrats see threat to civil rights.”
The Washington Times reports that “Bush signs surveillance expansion.”
And The Washington Post contains an editorial entitled “Warrantless Surrender: Congress is stampeded into another compromise of Americans’ rights.”
“Va. Lawyer Was at Fore of Attack on Segregation”: The Washington Post today contains a front page obituary that begins, “Oliver W. Hill, 100, a Virginia lawyer who helped overturn legal segregation in his native state and was one of the country’s foremost civil rights defenders during a six-decade career, died yesterday at his home in Richmond.”
The Richmond Times-Dispatch today contains this obituary, along with articles headlined “Hill fought long battle to make America live up to its promise” and “Hill’s kindness, strength recalled; He was also a major role model for generations of black leaders and others” and a related editorial.
And today’s broadcast of NPR’s “Morning Edition” contained an audio segment entitled “Civil Rights Lawyer Oliver Hill Dies at 100” (RealPlayer required).
“The Executioner’s Hood”: This editorial appears today in The New York Times.
“Putting the Government’s Words in the Doctor’s Mouth”: You can access today’s installment of Adam Liptak‘s “Sidebar” column at this link (TimesSelect temporary pass-through link).
