Thursday, October 4, 2007
"Congress Seeks Secret Memos On Interrogation": This front page article will appear Friday in The Washington Post.
"High Court's Fraud Case Widely Seen as Stand-In for Enron": Carrie Johnson and Robert Barnes will have this article Friday in The Washington Post.
Posted at 10:48 PM by Howard Bashman
View online, on-demand the video of Chief Justice John G. Roberts, Jr.'s remarks last month at the Newhouse III dedication in Syracuse, New York: You can view the Chief Justice's more extensive, indoor remarks by clicking here. His remarks at the outdoor dedication ceremony can be accessed here. Windows Media Player is required to launch these video segments.
"Will Blogs Supplant Legal Journals?" law.com provides this report on a panel discussion that occurred last month at the Santa Clara Law School.
"Senate confirms Harris County judge for appeals court": The Associated Press provides a report that begins, "The U.S. Senate has confirmed Jennifer Walker Elrod for a spot on the 5th U.S. Circuit Court of Appeals."
Posted at 10:00 PM by Howard Bashman
On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Memos Reportedly Authorized Harsh Interrogation"; "White House Reacts to Interrogation Claims"; "Montana Town Awaits Asbestos Trial"; and "Clarence Thomas Takes a Chance on Memoir" (RealPlayer required).
Posted at 06:35 PM by Howard Bashman
"Congress Wary of Domestic Policing Plan; Civil War Era Law May Prohibit Use of Military's Satellites": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "The Bush administration's hopes of using military satellites for domestic law enforcement has hit an unlikely obstacle: a 19th century law passed in the wake of the Civil War. The statute in question is the Posse Comitatus Act that Congress passed in 1878 in reaction to concerns from former Confederate states that Union forces would seek to supervise elections in occupied areas."
Posted at 06:14 PM by Howard Bashman
"Injection Injunction: Are we just one tweak away from the perfect execution method?" Jacob Sullum has this essay online at Reason.
Posted at 05:35 PM by Howard Bashman
An interview with Justice Clarence Thomas was part of today's broadcast of the Laura Ingraham Show: You can listen to the program by clicking here or download the audio in mp3 format via this link (12.5 MB audio file).
And yesterday evening's broadcast of the PBS program "NewsHour with Jim Lehrer" contained a segment entitled "Supreme Court Justice Thomas Speaks Out in New Autobiography" (transcript with links for audio and video).
"The Impending Judicial Crisis: How Politics and Indifference are Destroying Our Federal Courts." Law Professor A. Benjamin Spencer and law students Capri M. Miller and Lesley E. McCall have posted this article (abstract with link for download) online at SSRN (via "Legal Theory" blog).
Posted at 04:50 PM by Howard Bashman
In news from Nevada: The Reno Gazette-Journal provides news updates headlined "Judge orders Mack trial moved to Las Vegas"; "Judge explains why he moved Mack trial"; "Darren Mack questioned about trial move"; and "Lawyers understand moving Mack trial."
On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Newspaper Finds Justice Authorized Torture in 2004" and "'Three Strikes' Law Packs California Prisons" (RealPlayer required).
Posted at 04:24 PM by Howard Bashman
"Washington Gun Ban Under Fire": The Associated Press provides this report, which mentions that "the high court could issue its first direct ruling on the Second Amendment in 70 years, solidifying some of the nation's toughest gun laws or exposing them to a torrent of new challenges."
Ninth Circuit reinstates, in part, lawsuit seeking to hold airlines liable for injuries to passengers who developed deep vein thrombosis: You can access today's ruling at this link.
Today's ruling affirms the dismissal of the passengers' state law failure to warn claim but reinstates for further factual development the passengers' seating configuration claim, which asserts that the airlines provided an unsafe seating configuration by limiting each passenger's legroom.
"Selective Justice in Alabama?" Adam Zagorin has this article today at Time magazine's web site.
Posted at 03:32 PM by Howard Bashman
Clarence Thomas on "Being a Justice": ABC News correspondent Jan Crawford Greenburg has this post this afternoon at her "Legalities" blog.
Posted at 03:30 PM by Howard Bashman
"White House Denies Torture Assertion": Lara Jakes Jordan of The Associated Press provides a report that begins, "House Democrats demanded Thursday that the Justice Department turn over two secret memos that reportedly authorize painful interrogation tactics against terror suspects - despite the Bush administration's insistence that it has not violated U.S. anti-torture laws."
"Policing sex-toy ban is not seen as high priority": The Tuscaloosa News today contains an article that begins, "While it's now against the law to sell sex toys in Alabama, enforcement of the law doesn't seem to be high on officials' list of threats to society."
Posted at 12:38 PM by Howard Bashman
"Appeals Court Leans Toward TiVo": The AP provides this report on a case argued today before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit.
Posted at 12:35 PM by Howard Bashman
"Senate Panel Approves Press Shield Bill": The Associated Press provides a report that begins, "The Senate Judiciary Committee on Thursday advanced a bill to shield reporters from being forced to reveal their sources in federal court, setting up a floor fight between supporters and Bush administration allies who believe the measure would harm national security."
Posted at 12:32 PM by Howard Bashman
"Clarence Thomas Unplugged": At her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post that links to two online video segments (access them here and here) described as parts one and two of "the 'Director's Cut' version of [her] Clarence Thomas report for Nightline." Jan's post explains that "It's a special extended version and adds some extraordinary material we had to trim from the broadcast Monday night, including Thomas' thoughts on being cast as a 'follower' of Justice Antonin Scalia and his response to those who said he was not a worthy successor to Thurgood Marshall."
Jan's post concludes, "Over the next few days, I'll be posting additional segments that explore Thomas as a Justice, including his thoughts on the usefulness of oral argument, why he believes the Constitution is 'color-blind,' and how he really feels about stare decisis."
"Republicans seek quicker action on judges from the White House": The Hill today contains an article that begins, "Senate Republicans are growing increasingly concerned that the White House is dragging its feet in nominating judges to the federal bench, with some saying that the lack of nominees could undermine election-year GOP arguments of Democratic obstructionism."
Posted at 12:23 PM by Howard Bashman
"Officials: Justice's house fire intentional; No charges are filed in blaze that gutted home of judge on Texas Supreme Court." The Houston Chronicle today contains an article that begins, "The June fire that destroyed the Spring home of Texas Supreme Court Justice David Medina was intentionally set, the Harris County Fire Marshal's Office ruled Wednesday. Investigators would not comment on a motive for the arson, which destroyed a neighboring house and damaged a third, chief investigator Dan Given said Wednesday afternoon."
Posted at 10:44 AM by Howard Bashman
"Lethal injection won't go away, experts say; If chemical cocktail is ruled cruel and unusual, states likely to just adjust mix": This front page article appears today in The Houston Chronicle.
And yesterday at "SCOTUSblog," Lyle Denniston had a post titled "Court drops one issue on lethal injection." Yesterday's order of the U.S. Supreme Court can be viewed at this link.
"Law prof. borrows text for book": The Yale Daily News today contains an article that begins, "Several passages in Yale Law School professor Ian Ayres' '81 LAW '86 newest book are unattributed verbatim reproductions or nearly identical paraphrases of passages from various newspaper and magazine articles published in the last twenty years, an investigation by the News has shown."
In a review of the book -- "Super Crunchers: Why Thinking-by-Numbers Is the New Way to Be Smart," by Law Professor Ian Ayres -- that David Leonhardt wrote for the September 16, 2007 issue of The New York Times Sunday Book Review, Leonhardt accused Ayres of including in the book "two sentences about a doctor in Atlanta that were nearly identical to two sentences I wrote in this newspaper last year."
"Suit may spur greater Web access for blind; As more transactions move online, the case could prompt businesses and the government to adjust their pages": This article appears today in The Los Angeles Times.
My earlier coverage of Tuesday's ruling of the U.S. District Court for the Northern District of California appears at this link.
"Judge says U.S. must alert lawyer on detainee transfer; The ruling comes as the Supreme Court weighs whether prisoners held overseas have legal rights in U.S. system": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 08:52 AM by Howard Bashman
"A Needed Shield: A bill protecting news sources is well balanced." This editorial appears today in The Washington Post.
Relatedly -- under the heading "Shield Law Perils . . . Or Safeguards?" -- today's newspaper also contains an op-ed by Theodore B. Olson entitled "Limited Protections Are Vital to a Free Press," while Patrick J. Fitzgerald has an op-ed entitled "Bill Would Wreak Havoc on a System That Isn't Broken."
"Memoirs Are Made of This: A Book Bash for Justice Clarence Thomas." The Washington Post today contains an article that begins, "Full of broad smiles, backslaps and bonhomie, the usually taciturn Supreme Court Justice Clarence Thomas was outspoken last night at a soiree celebrating his just-published memoir 'My Grandfather's Son.'"
Posted at 08:30 AM by Howard Bashman
"Democrats Won't Block Hearing for Gonzales Successor": This article appears today in The New York Times.
The Washington Post today reports that "Leahy Set to Schedule Hearings on Mukasey; Demand for White House Papers Dropped." In addition, the newspaper contains an editorial entitled "A Hearing for Mr. Mukasey: The Senate should stop stalling consideration of the attorney general nominee."
And The Los Angeles Times reports that "Mukasey hearing set to proceed; In light of papers withheld by White House, Senate panel signals it will hold the attorney general-designate to a higher standard."
"ACLU Urges Supreme Court to Review NSA Warrantless Wiretapping Case": The ACLU issued this press release yesterday. The petition for writ of certiorari can be viewed at this link.
Posted at 08:14 AM by Howard Bashman
"Justices Seem to Support How New York State Selects Judges": Linda Greenhouse has this article today in The New York Times.
And law.com reports that "Supreme Court Justices React Skeptically to N.Y. Judge Selection Challenge."
"International Tort Crisis": Today in The Wall Street Journal, Norman Lamont has an op-ed that begins, "Most commentators who talk about the 'special relationship' the United States has with the United Kingdom focus on military, diplomatic and intelligence cooperation between our countries. But in many ways, the foundation of that relationship is economic. And, unfortunately, that foundation is now in jeopardy because of securities litigation in the U.S. and, in particular, one case -- Stoneridge v. Scientific Atlanta -- that will be heard by the U.S. Supreme Court on Oct. 9."
Posted at 08:00 AM by Howard Bashman
"A liberal's lament: The NRA might be right after all." Today in USA Today, Law Professor Jonathan Turley has an op-ed that begins, "This term, the Supreme Court may finally take up the Voldemort Amendment, the part of the Bill of Rights that shall not be named by liberals. For more than 200 years, progressives and polite people have avoided acknowledging that following the rights of free speech, free exercise of religion and free assembly, there is 'the right of the people to keep and bear arms.'"
Posted at 07:50 AM by Howard Bashman
"Justice Scalia Joins 24": Slate provides this video parody written by Dahlia Lithwick.
Posted at 07:37 AM by Howard Bashman
"Drugs, Disparity, and Judicial Sentencing Discretion: Two Cases Invite the Roberts Court To Finally Clarify What Constitutes A Reasonable Sentence Under the Now-Advisory U.S. Sentencing Guidelines." Mark H. Allenbaugh and Donald A. Purdy, Jr. have this essay online at FindLaw.
Posted at 07:33 AM by Howard Bashman