How Appealing

Thursday, November 30, 2006

Available online from law.com: Marcia Coyle reports that "High Court Vets False Claims Act."

And Pamela A. MacLean reports that "4th Circuit Ruling Trims Reach of State Anti-Spam Laws; A critical finding for companies that use mass e-mail to target clients." My earlier coverage appears at this link.
Posted at 10:20 PM by Howard Bashman



"An Update on the State of the Docket": At "SCOTUSblog," Tom Goldstein has this interesting post about the state of the U.S. Supreme Court's docket. Goldstein summarizes his point as follows: "[O]n the one hand, the Court is not taking enough cases to fill the argument calendar; on the other hand, it is scheduling briefing as if it were. The failure to adapt the briefing schedule to the smaller size of the Court’s docket produces expedited briefs that are less thorough and helpful to the Justices and creates a recurring cycle in which it is necessary to apply still more expedited schedules."
Posted at 05:58 PM by Howard Bashman


"Appeals court: Soledad cross measure constitutional." The San Diego Union-Tribune provides a news update that begins, "A San Diego appeals court ruled Thursday that Proposition A, a voter-approved 2005 measure which authorized transferring land underneath the Mount Soledad cross to the federal government was constitutional. The 3-0 ruling by a panel of justices from the 4th District Court of Appeal overturned a decision by Superior Court Judge Patricia Yim Cowett that invalidated the measure."

You can access today's ruling of California's Court of Appeal for the Fourth Appellate District, Division One, at this link.
Posted at 05:50 PM by Howard Bashman



"Throw Him in the Brig!: The Bush administration's latest, and most appalling, assault on habeas corpus." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 05:40 PM by Howard Bashman


"A Conversation with Justice Breyer and Harvard Professor Fried": Law Professor Neal Katyal will be the moderator of this event, scheduled to occur on Friday, December 8, 2006 from 3:00 to 4:30 p.m. at the Georgetown University Law Center in Washington, DC. According to the media advisory, there will be a live webcast.
Posted at 05:20 PM by Howard Bashman


"Court Stays Out of Abortion Records Case": The Associated Press provides a report that begins, "The Kansas Supreme Court refused Thursday to intervene on behalf of two abortion clinics in a dispute with the state attorney general over patient records that were leaked to 'The O'Reilly Factor.'"
Posted at 05:18 PM by Howard Bashman


Glass Doctor shatters dreams of The Windshield Doctor: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit affirms a federal district court's decision that the trademark "The Windshield Doctor" infringes on the trademark "Glass Doctor." You can access today's Fourth Circuit ruling at this link.
Posted at 05:05 PM by Howard Bashman


"Court Weighs Moussaoui Trial Evidence": The AP provides a report that begins, "A Justice Department lawyer urged a federal appeals court Thursday to deny some families of Sept. 11 victims evidence from the Zacarias Moussaoui trial for their lawsuits against the airline industry and others."
Posted at 03:55 PM by Howard Bashman


The Associated Press is reporting: An article headlined "Mass. Gay-Marriage Case on to Full Court" begins, "The state's entire high court should decide whether to force lawmakers to take action on a proposed constitutional amendment to ban gay marriage, one justice decided Thursday."

And an article headlined "Blind Inmate's Medication Claim Revived" reports on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 03:00 PM by Howard Bashman



"Government seeks delay in Hamdan case": Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:45 PM by Howard Bashman


Eighth Circuit affirms dismissal of antitrust lawsuit alleging that pharmaceutical manufacturers engaged in a concerted course of conduct designed to prevent brand name prescription drugs purchased from Canadian pharmacies from entering the United States: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. The lawsuit was filed by a group of consumers and organizations from Minnesota.
Posted at 12:35 PM by Howard Bashman


In news from the U.S. Court of Appeals for the Fourth Circuit: The "South Carolina Appellate Law Blog" today provides a post that begins, "My sources report that today Chief Judge William Wilkins sent a letter to President Bush announcing that he will take senior status effective July 1, 2007. Judge Karen Williams will become the next Chief Judge of the Fourth Circuit."
Posted at 12:23 PM by Howard Bashman


"Kan. Man Sentenced in Internet Sex Sting": The AP provides a report that begins, "A lawyer convicted in an Internet sex sting was sentenced Wednesday to five years in prison, capping a legal battle that challenged a common tool police use to catch sexual predators online."

And The Kansas City Star reports today that "Ex-lawyer gets five-year term."
Posted at 12:20 PM by Howard Bashman



"Court: Boy Can't Join Girls' Gym Team." The Associated Press provides a report that begins, "A state appeals court on Thursday rejected a lawsuit by a boy who wanted to compete on his high school's girls' gymnastics team."

You can access today's ruling of the Court of Appeals of Wisconsin at this link.
Posted at 12:04 PM by Howard Bashman



"S.D. kept in cross lawsuit; Judge says ruling could affect city": The San Diego Union-Tribune today contains an article that begins, "A federal judge refused yesterday to dismiss the city of San Diego from a lawsuit challenging the transfer of the Mount Soledad cross to the federal government in an effort to preserve it. The ruling is the first in the latest suit over the controversial La Jolla landmark, and it comes as state and federal appeals courts ponder rulings against the city in earlier lawsuits."
Posted at 10:28 AM by Howard Bashman


"Gitmo Justice Is a Joke": Andrew Cohen has this essay online today at washingtonpost.com.
Posted at 10:07 AM by Howard Bashman


"Lesbian birth mom loses case for custody": The Pittsburgh Post-Gazette today contains an article that begins, "The state Supreme Court let stand a lower court decision giving a non-biological, lesbian mother primary custody of the children she helped raise with their biological mother."
Posted at 08:54 AM by Howard Bashman


"Ryan dodges jail -- for now; Development raises his hopes for reversal": The Chicago Sun-Times today contains an article that begins, "After a year filled with defeats, George Ryan has won a round. An unusual 7th Circuit Court of Appeals ruling that lets Ryan stay free on bond during the appeals process signals the court has serious questions with the former governor's conviction, experts say."

And The Chicago Tribune reports today that "Ruling gives Ryan hope; Court lets him stay free on bail during appeal; pension denied." In addition, columnist John Kass has an op-ed entitled "Judges can wipe smirks off corrupt pols."
Posted at 08:35 AM by Howard Bashman



"Mayfield settles for $2 million; A Portland-area man, who sued the U.S. over his treatment in a bombing case, tells of ordeal": The Oregonian contains this article today.

The New York Times reports today that "U.S. Will Pay $2 Million to Lawyer Wrongly Jailed."

The Washington Post reports that "U.S. Settles Suit Filed by Ore. Lawyer; $2 Million Will Be Paid For Wrongful Arrest After Madrid Attack."

The Los Angeles Times reports that "$2 million, apology settle FBI fingerprint error case."

And USA Today reports that "Ore. lawyer settles suit over Madrid bombings; Gets $2 million, apology from U.S. government."
Posted at 08:20 AM by Howard Bashman



"Treasury ordered to redesign money for the blind": This article appears today in The Los Angeles Times.

The Washington Times reports today that "Vendors protest mandated currency changes for blind."

And USA Today contains an article headlined "Shut your eyes: Can you tell a $1 from a $5? Maybe soon; Bills may change shape, size to help the blind."

My earlier coverage appears at this link.
Posted at 08:11 AM by Howard Bashman



"It's hardball time in software case; Spotlight will hit Polk court as suit against Microsoft goes to trial today": The Des Moines Register today contains an article that begins, "A jury will hear two widely differing views of defendant Microsoft Corp. in a long-awaited civil trial that begins today in Polk County District Court. One view will paint Microsoft as a corporate bully that routinely intimidated and used illegal tactics to drive competitors out of business and keep software prices artificially high. The other will portray the world's largest software maker as a visionary company that made smart decisions and took risks others wouldn't in an effort to make personal computers affordable and accessible to everyone. By the time it's over, the case is expected to be one of the longest-running legal squabbles in Iowa history and one of the most watched."
Posted at 08:05 AM by Howard Bashman


"Feds: Ruling hurts oversight of Indian casinos; Audits blocked; some see threat to integrity." Today's issue of USA Today contains an article that begins, "Federal auditors say a court ruling last month has crippled their ability to examine operations at Indian casinos, raising concerns that the $22 billion Indian gaming industry could be increasingly vulnerable to corruption. The National Indian Gaming Commission (NIGC), a regulatory panel within the Department of Interior, says its auditors have been prohibited from conducting reviews of personnel and finances at Indian casinos across the nation since the D.C. Circuit Court of Appeals ruled Oct. 20 that the commission's regulatory authority does not extend much beyond its oversight of bingo games."
Posted at 08:00 AM by Howard Bashman


"Panel: Race Still Relevant; Five decades after landmark Brown decision, integration still contested in schools." The Harvard Crimson today contains an article that begins, "Legal analysts and civil rights activists emphasized the need to protect the landmark Brown v. Board of Education decision in a panel at Harvard Law School (HLS) yesterday."
Posted at 07:54 AM by Howard Bashman


"Off-the-job smoker sues over firing; Says company policy is a slippery slope": The Boston Globe today contains an article that begins, "A Buzzards Bay man has sued The Scotts Co. , the lawn care giant, for firing him after a drug test showed nicotine in his urine, indicating that he had violated a company policy forbidding employees to smoke on or off the job. The suit, filed yesterday in Suffolk Superior Court, is highly unusual because it involves an employee who was terminated for engaging in legal activities away from the workplace. The lawyer who filed the complaint said he believes it is the first of its kind in the state."

And The Boston Herald today contains an article headlined "Great Scott! Fired for smoking on his own time."
Posted at 07:50 AM by Howard Bashman



"Justice for a Parent and Child: Virginia's Court of Appeals does the right thing for common sense and custody laws." The Washington Post contains this editorial today.
Posted at 07:45 AM by Howard Bashman


"Court Hears Global Warming Case; Justices to Decide Challenge on Greenhouse Gas Emissions": This article appears today in The Washington Post.

Today in The Los Angeles Times, David G. Savage reports that "Justices hear climate debate; The court seems split on whether a group of states can challenge the U.S. refusal to regulate greenhouse gases."

The Boston Globe reports that "High court hears global warming case; Ponders whether states' case vs. EPA is legally justified."

The Boston Herald reports that "AG's office before high court in bid to curb global warming."

The San Francisco Chronicle reports that "High court divided on warming; Justices comment on arguments in case against EPA."

And The Washington Times reports that "Global warming goes to high court."
Posted at 07:42 AM by Howard Bashman



Wednesday, November 29, 2006

"Justices' First Brush With Global Warming": Linda Greenhouse will have this article Thursday in The New York Times.
Posted at 10:50 PM by Howard Bashman


"Federal Oversight of Banks Risks Abuse, States Argue": The Washington Post on Thursday will contain an article that begins, "All 50 states and the District of Columbia yesterday urged the Supreme Court to overturn lower court rulings that they said would give federal authorities the ability to block states from prosecuting financial institutions for predatory lending practices."
Posted at 10:48 PM by Howard Bashman


"Court considers role of U.S. in regulating emissions; Vote may turn on issue of 'imminent' harm": Joan Biskupic will have this article Thursday in USA Today.

And Bill Mears of CNN.com reports that "Global warming debate hits Supreme Court."
Posted at 10:44 PM by Howard Bashman



"Judge limits Gates' Iowa visits as trial begins": The Associated Press provides a report that begins, "Microsoft Corp. Chairman Bill Gates must travel to Iowa only once to defend his company in a class-action antitrust case beginning Thursday that accuses him of running a monopoly that overcharged Iowans millions of dollars."
Posted at 10:40 PM by Howard Bashman


"Supreme Court tackles global warming": The San Francisco Chronicle provides this news update.
Posted at 10:33 PM by Howard Bashman


"Court considers if the EPA can regulate greenhouse gas emissions": Stephen Henderson of McClatchy Newspapers provides this report.

And James Rosen of McClatchy Newspapers reports that "Supreme Court referees dispute between Wachovia, state regulators."
Posted at 10:20 PM by Howard Bashman



"The Wronged Man: Unjustly Imprisoned and Mistreated, Khaled al-Masri Wants Answers the U.S. Government Doesn't Want to Give." This lengthy article appears today in The Washington Post.
Posted at 10:15 PM by Howard Bashman


"Financier Armstrong's Contempt Term Upheld; New Judge, Hearing Ordered; Case is second in a year that 2nd Circuit has reassigned from New York judge": law.com provides this report. My earlier coverage is at this link.
Posted at 09:58 PM by Howard Bashman


"Supreme Court Takes up Global Warming Case": This segment (transcript with link to audio) appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 09:54 PM by Howard Bashman


"Eyes on Kennedy as Supreme Court Debates Global Warming Case": law.com's Tony Mauro provides this report.
Posted at 08:00 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Supreme Court Hears EPA Auto Emissions Case" (featuring Nina Totenberg) and "Has the Move to Make Cars Greener Stalled?"

RealPlayer is required to launch these audio segments.
Posted at 07:50 PM by Howard Bashman



"U.S. Apologizes to Mistaken Terrorism Suspect": The Washington Post provides a news update that begins, "The U.S. government has agreed to pay $2 million to an Oregon lawyer who was wrongfully arrested as a terrorism suspect because of a bungled fingerprint match and has issued an apology for the 'suffering' inflicted on the attorney and his family."

The newspaper also provides access to the federal government's apology note and a copy of the settlement agreement.
Posted at 07:44 PM by Howard Bashman



"Supreme Court Takes Up Global Warming Case": Linda Greenhouse of The New York Times provides this news update.
Posted at 07:35 PM by Howard Bashman


"Benchwarming: The Supreme Court melts down over greenhouse gasses." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 07:30 PM by Howard Bashman


"Justices closely split on greenhouse gases": David G. Savage of The Los Angeles Times provides this news update.

In news coverage and commentary that preceded this morning's U.S. Supreme Court oral argument, The San Diego Union Tribune reports today that "High court dips its toe into global warming; Landmark case may put heat on California."

And The Austin American-Statesman reports today that "Texas backs EPA in high court case; Agency doesn't think it should limit carbon dioxide emissions."

The Sacramento Bee contains an editorial entitled "Supremes take the heat: Court to decide if EPA must regulate CO2."

The San Francisco Chronicle contains an editorial entitled "A global court case."

The Dallas Morning News contains an editorial entitled "Justices: Compel EPA to enforce Clean Air Act."

In The Denver Post, columnist Al Knight has an op-ed entitled "Colo. stands by in global warming case."

In The Daily Journal of California, Timothy J. Dowling has an op-ed entitled "Court Must Make EPA Do Its Job on Global Warming."

And CBS News legal analyst Andrew Cohen has a post-argument essay entitled "Not So Hot To Trot: Supreme Court Wraps Up Unpromising Showdown Over EPA Regulation Of Greenhouse Gases."
Posted at 05:48 PM by Howard Bashman



Second Circuit rejects Fourth Amendment challenge asserted by ferry riders commuting between Grand Isle, Vermont and Plattsburgh, New York to practice of searching carry-on baggage of randomly selected passengers and inspecting randomly selected vehicles, including their trunks, pursuant to federal Maritime Transportation Security Act of 2002: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:05 PM by Howard Bashman


"'Borat' proves unlucky for real Kazakh TV crew": The Cleveland Plain Dealer today contains an article that begins, "It wasn't funny being a real TV reporter from Kazakhstan trying to cover Ohio's recent elections - at a time when the nation's top box-office comedy featured a fake Kazakh TV reporter humiliating Americans." The article goes on to note that "It didn't help that the Kazakh cameraman's first name was 'Bolat.'" (Via "Obscure Store").
Posted at 04:10 PM by Howard Bashman


"Supreme Court Hears Global Warming Arguments": This audio 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


"[T]he stated position of the Executive Branch is that due process is satisfied so long as it tells you the law; trust it, for it is under no obligation to show you the law." Counsel for John Gilmore today filed the Reply Brief for Petitioner in support of the pending petition for writ of certiorari in Gilmore v. Gonzales, a case that you can learn much more about at this link.

According to the Reply Brief filed today:

The brief in opposition is one part legal argument, and nine parts obfuscation. The legal argument only serves to emphasize the importance of the question presented: the stated position of the Executive Branch is that due process is satisfied so long as it tells you the law; trust it, for it is under no obligation to show you the law. BIO 12-13. That is not correct: due process requires publication of the law itself. The disagreement framed by the case over whether the legal rule must be published or may be conveyed less formally is clear; certiorari should be granted here to decide the issue.
Additional legal documents, including the federal government's Brief in Opposition, can be accessed via this link.
Posted at 03:50 PM by Howard Bashman


Third Circuit rejects "alter ego" test, in favor of applying "functional" test, in evaluating claims of absolute legislative immunity: Today's ruling affirms a federal district court's refusal to dismiss on defendants' motion for judgment on the pleadings, based on the defense of common law legislative immunity, a woman's suit alleging that she was discharged from her position as a legislative assistant to a state representative in violation of her First and Fourteenth Amendment rights. Circuit Judge D. Brooks Smith delivered the opinion of the court.
Posted at 03:24 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Watters v. Wachovia Bank, N.A., No. 05-1342: The transcript can be accessed at this link.
Posted at 03:08 PM by Howard Bashman


"Supreme Court takes up global warming case": The Boston Globe provides this news update.

And Frank Davies of the MediaNews Washington Bureau reports that "Supreme Court gingerly enters global-warming debate."
Posted at 03:04 PM by Howard Bashman



Forthcoming speaking appearance: On Tuesday, December 5th, 2006, I'll be at Yale Law School in New Haven, Connecticut to speak at a Federalist Society-hosted panel on law blogging. Also scheduled to speak at the event are Law Professor Jack M. Balkin, of "Balkinization," and Law Professor Glenn Harlan Reynolds, of "Instapundit."

The event is slated to begin at 6:10 p.m. next Tuesday and is open to the public. I've made plenty of blog-related trips up to Harvard Law School, but this is my first to Yale, so I'm especially looking forward to it.
Posted at 02:48 PM by Howard Bashman



Get your global warming oral argument transcript, hot off the press: The transcript of today's U.S. Supreme Court oral argument in Massachusetts v. EPA, No. 05-1120, can be accessed at this link.
Posted at 02:18 PM by Howard Bashman


"Global Warming Dispute Divides U.S. Supreme Court": Greg Stohr of Bloomberg News provides this report.

And Reuters reports that "Supreme Court hears first global warming case."
Posted at 02:15 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Court Debates National Bank Regulation"; "Court: Ex-Ill. Gov. Free During Appeal"; and "Wrongly Accused Man Settles Bomb Suit."
Posted at 02:05 PM by Howard Bashman


"Are we being fusspots and nitpickers in trying (so far with limited success) to enforce rules designed to ensure that federal courts do not exceed the limits that the Constitution and federal statutes impose on their jurisdiction?" So asks Seventh Circuit Judge Richard A. Posner today in an opinion issued on behalf of the majority on a three-judge panel.

In a portion of the ruling in which only Judge Posner and now-Chief Judge Frank H. Easterbrook have joined, Judge Posner writes:

[T]he lawyers have wasted our time as well as their own and (depending on the fee arrangements) their clients' money. We have been plagued by the carelessness of a number of the lawyers practicing before the courts of this circuit with regard to the required contents of jurisdictional statements in diversity cases. It is time, as we noted in BondPro, that this malpractice stopped. We direct the parties to show cause within 10 days why counsel should not be sanctioned for violating Rule 28(a)(1) and mistaking the requirements of diversity jurisdiction. We ask them to consider specifically the appropriateness, as a sanction, of their being compelled to attend a continuing legal education class in federal jurisdiction.

Are we being fusspots and nitpickers in trying (so far with limited success) to enforce rules designed to ensure that federal courts do not exceed the limits that the Constitution and federal statutes impose on their jurisdiction? Does it really matter if federal courts decide on the merits cases that they are not actually authorized to decide? The sky will not fall if federal courts occasionally stray outside the proper bounds. But the fact that limits on subject-matter jurisdiction are not waivable or forfeitable--that federal courts are required to police their jurisdiction--imposes a duty of care that we are not at liberty to shirk. And since we are not investigative bodies, we need and must assure compliance with procedures designed to compel parties to federal litigation to assist us in keeping within bounds. Hence Rule 28 and hence the responsibility of lawyers who practice in the federal courts, even if only occasionally, to familiarize themselves with the principles of federal jurisdiction. It would be delightful, but irresponsible in the extreme, for us to ignore the limits on our jurisdiction, forget the rules intended to prevent us from ignoring those limits, direct the Clerk of the court to tear out the parties' jurisdictional statements before distributing the briefs to us, and jump directly to the merits of any case that the parties would like to litigate in federal court.

In a separate opinion concurring in the judgment on the merits, Circuit Judge Terence T. Evans writes:
I decline to join the court's stinging criticism of the attorneys regarding their less-than-perfect jurisdictional statements. Sure, the plaintiffs should have said the amount in controversy exceeds $75,000, not that it is $75,000. And sure, both sides stumbled on their declarations regarding the dual citizenship of the corporate defendants. But, at best, these are low misdemeanors; yet the court treats them like felonies. I would not label these minor flaws as "blunders," nor would I come close to saying this is "malpractice" which must be stopped. Also I would not issue an order to show cause, and I certainly would not suggest that an appropriate sanction might be to compel the lawyers' attendance at "a continuing legal education class on federal jurisdiction."

What happened in this case is not particularly unusual. The plaintiffs, represented by what appears to be a small law firm, filed this suit almost five years ago in state court where jurisdictional requirements are easily satisfied and rarely questioned. The defendants, represented by a "national law firm with lawyers in 27 offices coast-to-coast" (according to the firm's Web site) removed the case to federal court. That there is diversity jurisdiction has never been questioned by anyone, including at least two district court judges who issued written decisions as the case poked along for four years through discovery and several in-court proceedings. The plaintiffs then lose their case on summary judgment and file an appeal raising the issue that cuts to the very heart of their suit. Given this situation, when all eyes are really on the guts of the case, I think we should be more tolerant of the jurisdictional statement hiccups that have occurred here.

You can access the complete ruling at this link

If you'd like to link directly to this Seventh Circuit ruling but are unfamiliar with the unique difficulties inherent in linking directly to that court's decisions, please refer to the specific instructions I provided in this recent earlier post.
Posted at 01:22 PM by Howard Bashman



"Analysis: Kennedy key to global warming challenge." Lyle Denniston has this post online at "SCOTUSblog."
Posted at 01:12 PM by Howard Bashman


"Alleged Torture Victim Speaks to Press": The Associated Press provides a report that begins, "Khaled el-Masri, who claims the CIA tortured him at a prison in Afghanistan, said Wednesday he believes an explanation of what happened to him by the U.S. government would help prevent others from suffering a similar fate."

The article goes on to note that "A federal appeals court in Richmond, Virginia, heard arguments Tuesday by his attorneys that a lawsuit he filed against the former head of the CIA should be reinstated."
Posted at 11:45 AM by Howard Bashman



"Court allows suit over e-mails": The Atlanta Journal-Constitution today contains an article that begins, "In a legal decision that troubles some free-speech advocates, the Georgia Supreme Court has ruled against a woman who complained in e-mails about the care her mentally disabled son was receiving through a nonprofit organization that provides resources to families with disabled members. In a 4-3 decision, the court ruled that the Georgia Community Support and Solutions Inc. lawsuit against Shirley Berryhill can proceed and that her e-mails criticizing the organization are not protected by Georgia's anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, which is intended to shield whistleblowers and people who speak up at public forums."

You can access yesterday's ruling of the Supreme Court of Georgia at this link.
Posted at 11:40 AM by Howard Bashman



"End Unfair Limits On Prisoner Lawsuits": The Detroit Free Press today contains an editorial that begins, "Federal laws have made it unreasonably difficult, and sometimes impossible, for Michigan prison inmates to file successful civil rights lawsuits in federal court. The U.S. Supreme Court recently heard arguments on appeals from three inmates that could strike down some of the worst restrictions."
Posted at 11:33 AM by Howard Bashman


"High Court Takes Up Global Warming Case": The Associated Press provides this early report on this morning's recently-concluded oral argument.
Posted at 11:32 AM by Howard Bashman


"City Wants Out from Cross Case": The Voice of San Diego today provides a report that begins, "The city of San Diego is asking a federal judge to extricate it from the latest skirmish in the 17-year legal battle over the fate of the Mount Soledad cross. In court papers filed earlier this month, the city asked U.S. District Court Judge Barry Ted Moskowitz to dismiss it as a defendant in a lawsuit that claims the transfer of the cross to the federal government is unconstitutional."
Posted at 11:30 AM by Howard Bashman


"Ginsburg in the nude?" Syndicated columnist James J. Kilpatrick today has an essay that begins, "Let us suppose, to be supposing, that an enterprising pornographer decides to seek a new market for his dirty pictures. He surmises, correctly, that law students have minds as dirty as the minds of, say, journalism students. So he puts together a law review filled with photographs of nekkid ladies."
Posted at 11:25 AM by Howard Bashman


"Inmate abortion access parsed; Court appeal looks at transportation rules": This article appears today in The Arizona Republic.

And The Arizona Daily Star today contains an article headlined "Arpaio's lawyer: Jail can refuse rides for abortions; Wants court to restore county transport policy."
Posted at 11:20 AM by Howard Bashman



"U law school roiled by professor's hiring; Work as federal lawyer on terror memo cited": The St. Paul Pioneer Press today contains an article that begins, "Robert Delahunty looked like the perfect fill-in to teach a constitutional law class next term at the University of Minnesota. He had broad federal legal experience, and an impressive resume and was available in a pinch. But U officials apparently didn't realize that Delahunty also co-authored one of the most controversial legal opinions from the nation's war on terror and that hiring him could prompt criticism on campus. Now, some U students and professors are questioning Delahunty's selection to teach next term. Law school leaders plan to meet today with students but made clear on Tuesday that Delahunty is their choice."

The Minnesota Daily reported yesterday that "New hire controversial; Delahunty co-authored a memo to President Bush containing legal advice concerning al-Qaida."

And Inside Higher Ed reports that "Appointment Roils a Law School."

You can access Law Professor Robert Delahunty's online bio at this link.
Posted at 11:05 AM by Howard Bashman



"Board settles gender bias suit; Coach to get $50,000, lawyers, $340,000": The Birmingham News today contains an article that begins, "Lawyers for teacher Roderick Jackson and the Birmingham Board of Education settled Tuesday night a 5-year-old gender-discrimination lawsuit that went to the U.S. Supreme Court in 2005, lawyers for both sides said."
Posted at 10:50 AM by Howard Bashman


Blogging about logging: The Seattle Post-Intelligencer today contains an article headlined "Supreme Court hears antitrust suit against Weyerhaeuser" that begins, "The lawyer for a now-defunct sawmill told the U.S. Supreme Court on Tuesday that timber giant Weyerhaeuser Co. broke federal antitrust laws by overpaying for more logs than it needed and then cutting its prices on the finished lumber used to make guitars and furniture."

And The Oregonian reports today that "High court looks at NW timber bids; Weyerhaeuser appeals ruling that it drove up prices to kill competition."

Yesterday, The Seattle Times previewed the case in an article headlined "Alder case cuts at antitrust."
Posted at 10:45 AM by Howard Bashman



"Harassed worker turns to high court": The Portland Press Herald today contains an article that begins, "A Portland man hopes the U.S. Supreme Court will do what a Maine jury would not, and let him seek damages from his former employer, Jordan's Meats."
Posted at 10:38 AM by Howard Bashman


Duly noted: Having one's blog linked at Slashdot produces lots of visitors in very little time.
Posted at 10:30 AM by Howard Bashman


"Kansas Outlaws Practice Of Evolution": The Onion today provides this report.
Posted at 10:23 AM by Howard Bashman


"Supreme Court to Take Up Global Warming": The Associated Press provides this report.

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "High Court to Hear Greenhouse-Gas Case" (RealPlayer required).
Posted at 10:20 AM by Howard Bashman



"Lesbian's custody rights are upheld; Virginia backs rulings by Vermont courts in a dissolved civil union": The Los Angeles Times today contains an article that begins, "A Virginia appellate court ruled Tuesday in a closely watched lesbian custody dispute that the biological mother must answer to the laws of Vermont, where she and her former partner entered into a civil union and raised a child together. The ruling skirted a broader question key to the national debate: whether Virginia can be forced to recognize such a union sanctioned in another state."

The Richmond Times-Dispatch reports today that "Va. sends custody fight to Vermont; Civil-union ruling could be appealed to Va. high court."

And The Rutland Herald contains an article headlined "Court: Custody case belongs in Vt."

My earlier coverage appears at this link.
Posted at 08:55 AM by Howard Bashman



"Blind woman sees future in law; UVa student uses technology, smarts in studies": This article appeared Monday in The Daily Progress of Charlottesville, Virginia.
Posted at 08:50 AM by Howard Bashman


"Pelosi Won't Pick Tainted Lawmaker for Key Post ": The New York Times today contains an article that begins, "Representative Nancy Pelosi announced on Tuesday that she would not award the chairmanship of the House Intelligence Committee to Representative Alcee L. Hastings of Florida, who was a leading contender for the post."

The Washington Post today contains a front page article headlined "Hastings, Harman Rejected for Chairmanship; Pelosi Decides Against Both of House Intelligence Panel's Top Two Democrats."

The Los Angeles Times reports that "Hastings won't chair intel panel, Pelosi says; With top Democrats out, an outsider may be named to the key post."

The Wall Street Journal reports "Pelosi Moves to End Quarrel Over Intelligence Post; Speaker-in-Waiting Says She Won't Name Hastings, Who Was Once Impeached" (free access).

Josh Gerstein of The New York Sun reports that "Pelosi Rejects Hastings as Intelligence Chairman."

McClatchy Newspapers report that "Pelosi rejects Hastings for leadership position."

The Washington Times reports that "Hastings denied top intelligence seat."

And The South Florida Sun-Sentinel reports that "Hastings loses bid for chairmanship of U.S. House Intelligence commiittee."
Posted at 08:45 AM by Howard Bashman



"Happy ending? Suit over Barney parody is settled." The Los Angeles Times today contains an article that begins, "Barney the purple dinosaur may sing about how much he loves you, but his corporate masters don't care much for Stuart Frankel."
Posted at 08:34 AM by Howard Bashman


"San Quentin's execution team is called incompetent; A brief filed on behalf of killer Michael Morales finds broad problems with death penalty cases": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 08:32 AM by Howard Bashman


"FBI appoints veteran for criminal division": The Washington Times today contains an article that begins, "A veteran FBI supervisor who oversaw the investigation into the high-profile, unsolved death of a federal prosecutor in Baltimore was appointed yesterday to lead the criminal division of the bureau's Washington field office."

Next Monday will mark the three-year anniversary of the discovery of Assistant U.S. Attorney Jonathan Luna's dead body in Lancaster County, Pennsylvania. The Baltimore Sun's coverage of the case can be accessed via this link.
Posted at 08:22 AM by Howard Bashman



"Few chances for lawyers to develop trial skills": This article appears today in The Boston Globe.
Posted at 08:15 AM by Howard Bashman


"'Super-Sealed' Excavation": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Forty court files remain 'super-sealed' four years after revelations that the judicial branch had concealed existence of many lawsuits, enraging lawmakers and the public. But more information about the cases trickled out Tuesday as a judge and lawyers for several litigants who have sued the court system over the practice try to solve the conundrum."
Posted at 08:14 AM by Howard Bashman


"A Slide Toward Segregation": Today in The Washington Post, columnist Ruth Marcus has an op-ed that begins, "A half-century after Brown v. Board of Education, it's come, amazingly, to this: The Supreme Court, in the name of preventing race discrimination, is being asked to stop local schools from voluntarily adopting plans to promote integration."
Posted at 08:07 AM by Howard Bashman


"Supreme Court to hear greenhouse warming case": Reuters provides this report.

The Boston Globe reports today that "High Court to hear case on auto pollution; Mass., other states challenge EPA."

And c|net News.com reports that "Supreme Court to consider climate-change rules."

Meanwhile, in commentary, USA Today contains an editorial entitled "Justices can clear the air by telling EPA to do its job; Bush administration drags feet on climate change; world seeks solutions." In addition, Law Professor Jonathan Adler has an op-ed entitled "It's not up to the EPA; If global warming requires regulation, that is a decision for Congress to make."

And in The New York Sun, Thomas Bray has an op-ed entitled "Environmental Intervention Is In."
Posted at 08:05 AM by Howard Bashman



"Evidence Obtained In Unabomber Case": cbs5.com of San Francisco provides this report.

And The Associated Press reports that "Evidence Offers Insight Into Unabomber."
Posted at 08:00 AM by Howard Bashman



"U.S. Currency Discriminates Against Blind, Judge Rules": This article appears today in The New York Times.

And The Washington Times reports today that "Currency changes ordered to help blind."

My earlier coverage is at this link.
Posted at 07:54 AM by Howard Bashman



"Protecting Reporters' Phone Records": The New York Times today contains an editorial that begins, "A journalist's ability to protect the identity of confidential sources has been further eroded by the Supreme Court's refusal this week to stop a prosecutor from reviewing the telephone records of two New York Times reporters."
Posted at 07:45 AM by Howard Bashman


"Supreme Court Weighs the Meaning of 'Obvious'": Linda Greenhouse has this article today in The New York Times.

And today in The Los Angeles Times, Jim Puzzanghera reports that "High court puts patent standard to the test; Justices ponder the 'obviousness' gauge; Companies and the government take sides."
Posted at 07:44 AM by Howard Bashman



"Justices today tackle consumer protection; State regulators take on banking industry": This article appears today in USA Today.
Posted at 07:35 AM by Howard Bashman


Tuesday, November 28, 2006

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "German Plaintiff Appeals Court Ruling in Torture Case" and "Lawyer's Apprentice: Reading the Law in Vermont" (RealPlayer required).
Posted at 11:15 PM by Howard Bashman


Adam Liptak is reporting: Wednesday in The New York Times, he will have articles headlined "Lawyers Debate Why Blacks Lag at Major Firms" and "Ruling Lets Women Share Rights in Fight Over Custody."
Posted at 11:10 PM by Howard Bashman


"Man Mistakenly Abducted by C.I.A. Seeks Redress": In Wednesday's edition of The New York Times, Neil A. Lewis will have an article that begins, "A lawyer for a German man who was abducted while on vacation in Macedonia and said he was tortured while in C.I.A. custody in Afghanistan urged a federal appeals court on Tuesday to reinstate his lawsuit against the agency, which had been dismissed for national security reasons."
Posted at 11:05 PM by Howard Bashman


"Justices to Decide Merits of Global Warming Petition": This article will appear Wednesday in The New York Times.
Posted at 11:02 PM by Howard Bashman


Joan Biskupic is reporting: In Wednesday's edition of USA Today, she will have articles headlined "Supreme Court to hear case on global warming; States seek federal oversight of emissions" and "Supreme Court patent case comes down to stating 'obvious.'"
Posted at 10:55 PM by Howard Bashman


"Supreme Court battle considers regulation of greenhouse gases": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 07:55 PM by Howard Bashman


"Listen Up: The Supreme Court's hot/cold audio-casting policy." Dahlia Lithwick has this jurisprudence essay online at Slate.

I too have argued in favor of same-day release of oral argument audio from the U.S. Supreme Court.
Posted at 07:50 PM by Howard Bashman



"Supreme Court hearing abstract patents case": Jim Puzzanghera of The Los Angeles Times provides this news update.
Posted at 07:44 PM by Howard Bashman


"Virginia appeals court: Vt. has say in lesbian custody battle." The Associated Press provides a report that begins, "A Virginia appeals court sidestepped the issue of civil unions Tuesday and ruled that Vermont courts have jurisdiction in a custody battle between two former lesbian partners."

The "SW Virginia law blog" covers the ruling in a post titled "Virginia Court of Appeals tiptoes around DOMA in Miller-Jenkins case."

You can access today's ruling of the Court of Appeals of Virginia at this link.
Posted at 07:40 PM by Howard Bashman



"Pelosi Passes on Hastings, Harman for House Intel Chair": The Washington Post provides this news update.

Earlier, in today's edition of The Daily Journal of California, Lawrence Hurley has an article headlined "Congressman Rises Above Impeachment; Disgraced Ex-Judge Could Chair House Intelligence Panel."
Posted at 07:13 PM by Howard Bashman



"Key test of state power for Supreme Court: In a case of state vs. federal bank laws, to be argued Wednesday, the Roberts court may offer clues to its stance on federalism." Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 06:00 PM by Howard Bashman


"A View from the Bench: The unpersuasive case for judicial activism." In the December 4, 2006 issue of The Weekly Standard, Edward Whelan has this review of Law Professor Kermit Roosevelt III's new book, "The Myth of Judicial Activism: Making Sense of Supreme Court Decisions."
Posted at 05:54 PM by Howard Bashman


"Justice shares his change in thinking about flag desecration": Online at the First Amendment Center, Tony Mauro has a report that begins, "Supreme Court Justice John Paul Stevens, who voted to uphold laws that banned flag-burning in rulings in 1989 and 1990, now opposes a constitutional amendment that would accomplish the same thing."

C-SPAN aired Justice Stevens' remarks this past Saturday night, and I linked to the video of the broadcast in this recent post.
Posted at 05:45 PM by Howard Bashman



"Judge: Make Bills Recognizable to Blind." The Associated Press provides a report that begins, "The government discriminates against blind people by printing money that all looks and feels the same, a federal judge said Tuesday in a ruling that could change the face of American currency."

My earlier coverage appears at this link.
Posted at 05:40 PM by Howard Bashman



"Justices Slam Nation's Patent System; Federal Circuit Chief Defends Three-Part Test": law.com's Tony Mauro provides this report. The article includes statements from the Federal Circuit's Chief Judge, Paul R. Michel, whom Mauro interviewed after today's oral argument.
Posted at 05:10 PM by Howard Bashman


"Top court criticizes patent 'obviousness' test": Reuters provides this report.
Posted at 04:14 PM by Howard Bashman


A quote from the U.S. Supreme Court's oral argument transcript today in KSR International Co. v. Teleflex, Inc., 04-1350: At page 49 of the transcript, the following exchange appears:
CHIEF JUSTICE ROBERTS: Who do you get to be an expert to tell you something's not obvious.

MR. GOLDSTEIN: You get --

CHIEF JUSTICE ROBERTS: I mean, the least insightful person you can find?

(Laughter.)

You can access the complete transcript at this link.
Posted at 03:32 PM by Howard Bashman


"Marketplace: Supreme Court Hears Patents Case." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:15 PM by Howard Bashman


"Supreme Court Signals Change in U.S. Patent Protection Rules": Bloomberg News provides this report.

And c|net News.com reports that "Supreme Court weighs 'obviousness' of patents."
Posted at 03:10 PM by Howard Bashman



Seventh Circuit Judge Richard A. Posner appeared on today's broadcast of C-SPAN's "Washington Journal": You can view the broadcast, during which Judge Posner also answered questions from callers, by clicking here (RealPlayer required).
Posted at 03:04 PM by Howard Bashman


Access online the transcripts of today's oral arguments in the U.S. Supreme Court: Now available online are the transcripts of oral argument in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381, and KSR International Co. v. Teleflex, Inc., 04-1350.
Posted at 02:57 PM by Howard Bashman


"Interview: David Lat: Former Federal Prosecutor and Wachtell Lipton Associate Turned Celebrity Blogger." The blog "JD Bliss" has posted online this interesting interview.
Posted at 02:45 PM by Howard Bashman


"Reading Twombly Tea Leaves on Boylston Street": Randy Picker has this post today at "The Faculty Blog" of the University of Chicago Law School.
Posted at 02:40 PM by Howard Bashman


"High Court Hears Logging Industry Case": The Associated Press provides this report.
Posted at 02:34 PM by Howard Bashman


Show me the money! U.S. District Judge James Robertson of the U.S. District Court for the District of Columbia today issued a ruling in American Council of the Blind v. Paulson, Secretary of the Treasury holding that "the Treasury Department's failure to design and issue paper currency that is readily distinguishable to blind and visually impaired individuals violates § 504 of the Rehabilitation Act."

Earlier, the opinion observes that "Most people with low vision, and all blind people, are incapable of looking at American currency and distinguishing one denomination from another."

Judge Robertson has certified his decision as one involving "a controlling question of law as to which there is substantial ground for difference of opinion, and an immediate appeal from this order may materially advance the ultimate termination of this litigation." As a result, the U.S. Treasury Department can now pursue an interlocutory appeal by permission to the U.S. Court of Appeals for the D.C. Circuit.
Posted at 02:25 PM by Howard Bashman



"Analysis: Patent law made for tinkerers?" Lyle Denniston has this post online at "SCOTUSblog."
Posted at 02:15 PM by Howard Bashman


Available today from National Review Online: Roger Clegg has an essay entitled "Race-Based Review: Compelling issues before the Court."

And Byron York has an essay entitled "Alcee Hastings: I'm An Innocent Victim of Politics; He says his impeachment was a political hit job; The record says otherwise."
Posted at 12:40 PM by Howard Bashman



Does the U.S. Navy discriminate against evangelical chaplains? Today the U.S. Court of Appeals for the D.C. Circuit issued an opinion addressing the claims of unlawful discharge asserted by Rev. D. Philip Veitch.

The D.C. Circuit's opinion's first paragraph concludes: "[Veitch's] complaint alleged that he had been constructively discharged for unconstitutional reasons; that the Navy had forced him out of the service in violation of his First Amendment rights to free speech and free exercise of religion and in contravention of the Establishment Clause. The district court concluded that since Veitch had resigned voluntarily, he lacked standing to bring his constitutional claims. We affirm."
Posted at 10:40 AM by Howard Bashman



"EPA argument 11/29/06: Major precedent looms? Maybe not." Lyle Denniston has this post online at "SCOTUSblog."
Posted at 10:27 AM by Howard Bashman


"Philip Morris prevails in Illinois smokers' suit": The St. Louis Post-Dispatch contains this article today.

And in other cert. denied-related coverage, The Providence (R.I.) Journal reports today that "High court won't hear smoke-shop raid case; The U.S. Supreme Court's decision means a federal appeals court ruling that the state had the right to raid the Indian smoke shop in 2003 will stand."

The Express-Times of Easton, Pennsylvania reports today that "Supreme Court rejects tribe's claim to Forks Township land."

And The Allentown Morning Call reports that "High court rejects Indian tribe's case; Forks property owners are pleased that land dispute is over."
Posted at 08:50 AM by Howard Bashman



"City in suit on climate change; High court to hear arguments on EPA's authority to regulate greenhouse gases": This article appears today in The Baltimore Sun.
Posted at 08:45 AM by Howard Bashman


"Court to consider whether sperm donor has parental rights": The Associated Press provides this report from Kansas.
Posted at 08:44 AM by Howard Bashman


"Dixie courthouse unveils the Ten Commandments": The Gainesville Sun today contains an article that begins, "Dozens of county residents took a few extra minutes on the way home from church Sunday or on the way to work Monday morning to drive past the Dixie County courthouse to see for themselves if what they had heard was true. It was. A six-ton block of granite bearing the Ten Commandments had been installed atop the courthouse steps. Inscribed at the base was the admonition to 'Love God and keep his commandments.'"

The newspaper also provides this photograph of the monument.
Posted at 08:40 AM by Howard Bashman



"Reduced payout in libel suit rejected; State's top judge offered to lessen $7 million award": The Chicago Tribune today contains an article that begins, "An attorney for Illinois Supreme Court Chief Justice Robert Thomas said Monday that his client offered to accept a reduced settlement after a $7 million victory in a defamation case against a Kane County newspaper, but opposing attorneys did not respond."
Posted at 08:35 AM by Howard Bashman


"Supreme Court Reviews U.S. Patent Rules in Suit Over Gas Pedals": Bloomberg News provides this report.
Posted at 08:30 AM by Howard Bashman


"Justice review will assess NSA surveillance conduct": The Washington Times contains this article today.
Posted at 08:28 AM by Howard Bashman


"Global Warming Goes to Court": This editorial appears today in The New York Times.

And The Houston Chronicle today contains an editorial entitled "Clearing the air: Supreme Court should label greenhouse gases pollutants that cause global warming and threaten public health."
Posted at 08:27 AM by Howard Bashman



"Justices rule on transport of medicinal pot; State high court decision protects patients who carry marijuana for their own use; The action expands defense options, attorney says": Maura Dolan has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Transporting pot is legal for medicinal users, court rules; But conviction of man with a pound of marijuana upheld."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:25 AM by Howard Bashman



"Court declines school-choice appeal": The Washington Times contains this article today.
Posted at 08:15 AM by Howard Bashman


"Ivy Apologizes for Hosting 'Fighting Sioux'": This article appears today in The Harvard Crimson.

And The Dartmouth provides a news update headlined "National news media cover Harper apology; College, UND reactions mixed."
Posted at 08:12 AM by Howard Bashman



"Giordano Attacked In Prison": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Former Waterbury Mayor Philip Giordano, serving a 37-year sentence for sexually assaulting two preteen girls while mayor, was attacked this past weekend by another inmate in a housing unit at a Newtown prison."

And The News-Times of Danbury reports today that "Garner prisoner accused of assaulting ex-Waterbury mayor."
Posted at 08:04 AM by Howard Bashman



On this date in 1975: As The Associated Press notes here, "President Ford nominated Federal Judge John Paul Stevens to the U.S. Supreme Court seat vacated by William O. Douglas."
Posted at 08:00 AM by Howard Bashman


"An Intelligent Choice for A Key Panel": Today in The Washington Post, attorney Terence J. Anderson has an op-ed that begins, "No one can reasonably question Alcee Hastings's qualifications to serve as chairman of the House intelligence committee."
Posted at 07:54 AM by Howard Bashman


"Nicaragua's Total Ban On Abortion Spurs Critics": This front page article appears today in The Washington Post.
Posted at 07:50 AM by Howard Bashman


"Beyond Same-Sex Marriage: Can Mitt Romney spur a broader debate?" Brendan Miniter has this essay online today at OpinionJournal.
Posted at 07:48 AM by Howard Bashman


"Victory on the Hill Within Reach for Gay Community": Josh Gerstein has this article today in The New York Sun.
Posted at 07:47 AM by Howard Bashman


"Gay marriage bans proposed; But backers of the 2 bills also want new rights for untraditional families": This article appears today in The Newark (N.J.) Star-Ledger.

The New York Times today contains an article headlined "In Trenton, a Move to Define Marriage."

And The Philadelphia Inquirer reports that "Dems looking to civil unions; Two N.J. legislators say a quick resolution - not one on marriage - would help them meet a U.S. deadline."
Posted at 07:45 AM by Howard Bashman



"Trial of Class-Action Law Firm Is Set for 2008": The New York Times today contains an article that begins, "The trial of the prominent class-action securities law firm Milberg Weiss Bershad & Schulman and two of its named partners has been scheduled for January 2008 so that defense lawyers will have time to prepare if additional charges are filed."

And The Los Angeles Times reports today that "Milberg Weiss fraud case may grow."
Posted at 07:40 AM by Howard Bashman



"Court Explores Complexities in Job Discrimination Case": Linda Greenhouse has this article today in The New York Times.
Posted at 07:35 AM by Howard Bashman


"Justices reject N.Y. Times in leak case; U.S. prosecutors can now review reporters' phone records": David G. Savage has this article today in The Los Angeles Times.

And today in The New York Sun, Josh Gerstein reports that "New York Times Is Handed A Defeat in Charity Probe Case."
Posted at 06:45 AM by Howard Bashman



Monday, November 27, 2006

"Court Clears Way for Prosecutor to Review Records in Times Case": Adam Liptak will have this article Tuesday in The New York Times.

And Tuesday's edition of The Washington Post will report that "Court Won't Hear Case on Reporters' Phone Records."
Posted at 11:20 PM by Howard Bashman



"Justice Dept. to Examine Its Use of NSA Wiretaps; Review Won't Address Program's Legality": This article will appear Tuesday in The Washington Post.

The New York Times on Tuesday will report that "Justice Official Opens Spying Inquiry."

And McClatchy Newspapers report that "Justice Department begins internal review of spying program."
Posted at 11:10 PM by Howard Bashman



"Top US court skeptical of telecom antitrust case": Reuters provides this report.
Posted at 10:50 PM by Howard Bashman


"Case Heats Up Global Warming Debate; Supreme Court Showdown Over EPA Regulation Of Greenhouse Gases May End Up In Congress": CBS News legal analyst Andrew Cohen has this essay today.
Posted at 10:48 PM by Howard Bashman


"EEOC Seeks to Block Sidley Discovery Bid in Former Partners' Age Discrimination Case": law.com provides this report.
Posted at 10:44 PM by Howard Bashman


For fans of Federal Rule of Civil Procedure 8's "short and plain statement" rule of pleading: It's not every day that the U.S. Supreme Court has occasion to hold an oral argument focusing on just how concise is too concise when it comes to pleading a valid cause of action in federal court. But today was such a day.

Fans of FRCP 8 (and of Seventh Circuit decisions applying the rule; see this decision, for example) will certainly enjoy reading the transcript of today's oral argument in Bell Atlantic v. Twombly, No. 05-1126. During oral argument, Form 9 of the FRCP's Appendix of Forms is mentioned. You can access Form 9 online at this link.

Update: Apropos of my law.com essay from May 2006 headlined "Scalia-Alito Is the New O'Connor-Ginsburg," it is interesting to note that on page 7 of today's oral argument transcript, attorney Michael Kellogg refers to Justice Ginsburg as "Justice O'Connor" before correcting himself.
Posted at 08:25 PM by Howard Bashman



"Justices Rebuff New York Times on Leak Inquiry": Adam Liptak of The New York Times provides this news update.
Posted at 08:05 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Justice Department Eyes Spy Program"; "N.J. Bill: Rights for Gays, Siblings"; and "Maryland Court to Launch Webcasting Plan."
Posted at 07:40 PM by Howard Bashman


"As globe warms, can states force the EPA to act? The agency argues that climate change requires a global solution, not federal regulations; The Supreme Court weighs in this week." Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 05:54 PM by Howard Bashman


Second Circuit refuses civil contemnor's request for freedom to end nearly seven years of coercive civil contempt confinement: Martin A. Armstrong will remain behind bars, but today's ruling orders the case reassigned to a randomly-selected replacement U.S. District Judge, so that "a fresh look by a different pair of eyes" can evaluate whether continued confinement is appropriate.
Posted at 05:00 PM by Howard Bashman


Access online the transcripts of today's oral arguments in the U.S. Supreme Court: Now available online are the transcripts of oral argument in Bell Atlantic v. Twombly, No. 05-1126, and Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074.
Posted at 03:35 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Court Rejects N.Y. Times on Leak Probe" and "Court to Release Audiotapes of Arguments."
Posted at 03:28 PM by Howard Bashman


"Marketplace: Philip Morris Dodges a Bullet." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:10 PM by Howard Bashman


The final chapter in DuPont's Benlate litigation? A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today issued an opinion affirming the entry of summary judgment against a consortium of Florida farmers, plant nurseries, and corporations who sued DuPont alleging fraudulent inducement to settle, spoilation, and racketeering. Today's ruling also affirms the entry of summary judgment against DuPont on its claim alleging that the plaintiffs' lawsuit giving rise to this appeal constituted a breach of the settlement agreement into which the parties had previously entered.
Posted at 02:55 PM by Howard Bashman


"Court to release audiotapes of school cases": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court will release on a same-day basis the audiotapes of the oral arguments next Monday, Dec. 4, in the two cases on the use of race in assignment of students to public schools."
Posted at 02:42 PM by Howard Bashman


Seventh Circuit affirms permanent injunction blocking enforcement of the Illinois Sexually Explicit Video Game Law: In a decision issued today, a unanimous three-judge panel concludes that "the SEVGL is overbroad, it is not narrowly tailored, and it cannot survive strict scrutiny."

Today's Seventh Circuit ruling states: "Because the SEVGL potentially criminalizes the sale of any game that features exposed breasts, without concern for the game considered in its entirety or for the game's social value for minors, distribution of God of War is potentially illegal, in spite of the fact that the game tracks the Homeric epics in content and theme. As we have suggested in the past, there is serious reason to believe that a statute sweeps too broadly when it prohibits a game that is essentially an interactive, digital version of the Odyssey."

The trial court's earlier ruling in the case, granting a permanent injunction against the law's enforcement, can be accessed here.

For others who may wish to link directly to today's Seventh Circuit ruling, I recently offered instructions detailing how to avoid the unique difficulties inherent in linking to Seventh Circuit decisions.
Posted at 02:33 PM by Howard Bashman



"Court denies Times plea": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court, without noted dissent, refused on Monday to block the forced disclosure to federal investigators of telephone records of two New York Times reporters."
Posted at 02:18 PM by Howard Bashman


"High Court Hears Pay-Discrimination Case": The Associated Press provides this report.
Posted at 02:15 PM by Howard Bashman


"Where a defendant lacks knowledge about the cache files, and concomitantly lacks access to and control over those files, it is not proper to charge him with possession and control of the child pornography images located in those files, without some other indication of dominion and control over the images." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a decision issued today.
Posted at 01:33 PM by Howard Bashman


"An Immodest Proposal": In the December 11, 2006 issue of The Nation, Law Professor David Cole will have an essay that begins, "Secretary of Homeland Security Michael Chertoff made an impassioned plea to the Federalist Society the other day for 'judicial modesty.' Modesty is of course a virtue, but Chertoff failed to say why he had singled out judges for this particular lesson in manners. What about executive modesty? The Bush Administration has in recent weeks done everything it could to coerce the courts into a 'modest' position, so that they will not interfere with the Administration's own immodest arrogations of power."
Posted at 11:45 AM by Howard Bashman


"Overexposed: The FCC's illogical standard of indecency." Online at The New Republic, Michelle Cottle has an essay that begins, "Nearly three years after they helped introduce the magical phrase 'wardrobe malfunction' into the American lexicon, Janet Jackson's boobs are back in the news. Specifically, justices on the Third U.S. Circuit Court of Appeals spent their run up to Thanksgiving hearing CBS's plea to weasel out of paying the $550,000 fine with which the Federal Communications Commission slapped the company following Jackson's very special Super Bowl half-time show with Justin Timberlake."
Posted at 11:35 AM by Howard Bashman


"The Great Property-Rights Revival: Americans are rebelling against eminent-domain abuse." Timothy Sandefur has this essay today at National Review Online.
Posted at 11:33 AM by Howard Bashman


"US high court won't review Illinois tobacco case": James Vicini of Reuters provides a report that begins, "The U.S. Supreme Court let stand on Monday a ruling that threw out a $10.1 billion verdict against Philip Morris USA in a lawsuit that accused the Altria Group Inc. unit of misleading consumers about the risks from smoking 'light' cigarettes."

The Associated Press reports that "Supreme Court Sides With Philip Morris."

And MarketWatch reports that "Supreme Court turns down 'lights' case appeal."
Posted at 11:27 AM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Sixth Circuit: In today's first ruling of note, a unanimous three-judge panel issued a decision affirming the entry of summary judgment in favor of the automaker Audi AG on its claims for infringement, dilution, false designation of origin, and cyberpiracy against a man unaffiliated with Audi who used the domain name www.audisport.com to sell goods and merchandise displaying Audi's name and trademarks.

In a second ruling of note, the Sixth Circuit rejects the First Amendment free speech claim of several former employees of the Kentucky Department of Parks who claim that they were fired for failing to adhere to a dress code requiring that shirts be tucked-in. The Sixth Circuit's opinion explains, "The plaintiffs provide little argument to rebut the determination that untucked shirts do not amount to speech on a matter of public concern. There is no suggestion, for example, that they were untucking their shirts to express their opinion on some political question." The opinion later also rejects the employees' First Amendment argument that "that they kept their shirts untucked in protest of the dress code."

And in today's third and final ruling of interest, a pro se appellant in a direct appeal from a conviction for the federal crime of bank robbery wins a reversal because "the Government failed to present sufficient evidence that the Michigan National Bank's deposits were insured by the FDIC at the time of the robbery." Unfortunately for the victorious appellant, the Sixth Circuit remands the case a retrial at which the prosecution is unlikely to make this same mistake a second time.
Posted at 10:28 AM by Howard Bashman



"Court orders new review of ERISA case": Lyle Denniston has this post online at "SCOTUSblog."

You can access today's U.S. Supreme Court Order List at this link. Aside from the GVR that is the subject of Lyle's post, the Court did not grant review in any new cases.

In other coverage, The Associated Press reports that "Court Rejects Maine School Vouchers Case"; "High Court Won't Review Smoke Shop Raid"; "Court Shuns Case of Professor, FBI File"; and "Court Won't Hear Asylum Seeker's Plea."
Posted at 10:15 AM by Howard Bashman



"Sectarian prayers continue despite several court rulings": This article appears today in The Winston-Salem Journal (via "Religion Clause").
Posted at 09:55 AM by Howard Bashman


"Plead a Little: The Supreme Court Should Not Raise Pleading Standards for Antitrust; The defense may beg for more; But the Supreme Court should keep the standards where they are." Edward D. Cavanagh has this essay (free access) in today's issue of Legal Times.
Posted at 09:48 AM by Howard Bashman


"When Public Schools Aren't Color-Blind: Louisville's racial guidelines keep its schools from having too many or too few black students; Most parents like the policy; Will the Supreme Court strike it down?" This lengthy article appears in the December 4, 2006 issue of Time magazine.
Posted at 09:45 AM by Howard Bashman


"What Do the Federal Appellate Procedure Rule Changes Mean for You?" This week's installment of my "On Appeal" column for law.com can be accessed at this link.

Two amendments to the Federal Rules of Appellate Procedure officially take effect on December 1, 2006, and you can read more about them here and here.
Posted at 08:32 AM by Howard Bashman



"Rape Is Rape: No matter when it begins." The Washington Post today contains an editorial that begins, "Is it rape if a woman agrees to have sex, then changes her mind after the act has begun and tells the man to stop? Not in Maryland, no matter how clear it is that the woman has withdrawn her consent. According to a ruling last month by the Maryland Court of Special Appeals, the state's intermediate appellate court, forcing a woman to continue to have sex against her will is not rape under common law and state court precedents. If this is a correct interpretation of the law, the law should be changed."

My earlier coverage of the ruling can be accessed at this link.
Posted at 08:30 AM by Howard Bashman



"Top court to hear emissions argument; Justices to decide if greenhouse gases are air pollutants": Bob Egelko has this article today in The San Francisco Chronicle.

And The Houston Chronicle reports today that "Case could shape policy on warming; Supreme Court will hear whether the EPA can and should regulate vehicle emissions."
Posted at 08:24 AM by Howard Bashman



"On Deck Again: One of Democrats' Favorite Clinton Foes." Today in The Washington Post, Al Kamen's "In the Loop" column begins, "Outgoing Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) got a rousing ovation recently from the conservative Federalist Society when he said he would push for confirmation next month of a group of stalled Bush judicial nominees. But Specter had to acknowledge that he was 'not optimistic' about securing approval for most of the controversial names President Bush kicked back to the Senate -- a White House move that rankled Democrats."
Posted at 08:12 AM by Howard Bashman


"Subpoenas and the Press": That's the headline of today's installment of David Carr's "The Media Equation" column in The New York Times.
Posted at 08:04 AM by Howard Bashman


"What, No Tipping the People's Servants?" Today in The New York Times, Dorothy Samuels has an Editorial Observer essay that begins, "If you think Washington's culture of corruption is bad now and couldn't get appreciably worse, my hunch is you don't know about United States v. Valdes. This pending federal case could end up making it legal for public officials to accept gratuities for granting certain types of favored government treatment."

You can access my earlier coverage of the D.C. Circuit's ruling from February 2006, since vacated on the grant of rehearing en banc, at this link.
Posted at 08:02 AM by Howard Bashman



"Supreme Court to examine 'obviousness' of patents": c|net News.com provides this report.
Posted at 07:55 AM by Howard Bashman


"A Blogger Who's a Court-Approved Journalist": The New York Times today contains an article that begins, "Many bloggers describe themselves as journalists. Last week Charles LeBlanc, a rooming house resident who lives on social assistance in Fredericton, New Brunswick, received a court decision establishing his journalistic credentials."

The blog in question can be accessed at this link.
Posted at 07:54 AM by Howard Bashman



"UA profs back warming case at Supreme Court": This article appears today in The Arizona Republic.

And The Washington Times today contains an editorial entitled "Court tackles global warming."
Posted at 07:50 AM by Howard Bashman



"New face on top court wanted job since day 1": The Newark Star-Ledger today contains this profile of the Supreme Court of New Jersey's newest Justice, Helen E. Hoens.
Posted at 07:45 AM by Howard Bashman


"Ignorance and abortion": Today in The Washington Times, Nat Hentoff has an op-ed that begins, "On Nov. 7, a South Dakota law prohibiting nearly all abortions in that state was clearly defeated; but still in the federal courts is another South Dakota statute requiring the 'informed consent' of the woman before the abortion."
Posted at 07:44 AM by Howard Bashman


"'Honest' statute prompts bar fight": This article appears today in The Palm Beach Post.
Posted at 07:42 AM by Howard Bashman


"Gun makers appeal Hoosier's ruling; Court finds federal shield against lawsuits unconstitutional": The Indianapolis Star today contains an article that begins, "Gun makers are appealing an Indiana judge's first-of-its-kind ruling that a federal law shielding gun manufacturers from lawsuits is unconstitutional."
Posted at 07:40 AM by Howard Bashman


"A trial for high court's webcast; First session tentatively set for Thursday as Md. judiciary pushes for visibility and access": The Baltimore Sun today contains an article that begins, "Maryland's highest court is poised to begin live Webcasting of its oral arguments, making the staid proceedings widely and immediately available for the first time to people outside its Annapolis courtroom."
Posted at 06:47 AM by Howard Bashman


"New eminent domain war: Vincent Rack's family has owned North Bend land since 1932; now Green Township wants to claim 6.5 acres of it." The Cincinnati Enquirer contains this article today.
Posted at 06:45 AM by Howard Bashman


"Case to test states' bank rules; Supreme Court to hear Wachovia's challenge to local regulations": This article appears today in The Charlotte Observer.

The Detroit News reports today that "Mich. takes Wachovia to High Court; State argues Wachovia subsidiary must follow its consumer protection laws, not U.S. agency's."

And Bloomberg News reports that "Spitzer Battles Wachovia's Dream Team in State-Power Court Case."
Posted at 06:42 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Supreme Court to Mull Pay-Discrimination" and "Texas Jury to Get Smuggling Deaths Trial."
Posted at 06:40 AM by Howard Bashman


"Ledbetter v. Goodyear: The Supreme Court Considers Procedural Technicalities That Perpetuate the Gender Wage Gap." Joanna Grossman and Deborah Brake have this essay today at FindLaw.
Posted at 06:38 AM by Howard Bashman


"Killing Habeas Corpus: Arlen Specter’s about-face." Jeffrey Toobin has this article in the December 4, 2006 issue of The New Yorker.
Posted at 06:30 AM by Howard Bashman


"Blawg Review #85": Available online here, at "Freedom To Differ."
Posted at 06:27 AM by Howard Bashman


Sunday, November 26, 2006

"Supreme Court to hear global warming case this week": The Detroit Free Press provides this report.
Posted at 11:05 PM by Howard Bashman


"Justice Stevens and Panel on Judicial Selection": You can view online yesterday evening's broadcast of C-SPAN's "America and the Courts" by clicking here (RealPlayer required).

C-SPAN describes yesterday's broadcast as follows: "Supreme Court Justice John Paul Stevens spoke about original intent and stare decisis at the Chicago Bar Association on September 14th. He is followed by a panel discussion on judicial selection, moderated by Legal Times Supreme Court Correspondent Tony Mauro at the Georgetown Law Center in Washington, DC on September 28th."
Posted at 08:40 PM by Howard Bashman



"Regulate CO2? Justices To Rule; Connecticut Helps Put Global Warming Before Supreme Court." This article appears today in The Hartford Courant.
Posted at 04:40 PM by Howard Bashman


"Hail to the chief: Dick Cheney's mission to expand -- or 'restore' -- the powers of the presidency." Charlie Savage has this lengthy article in the Ideas section of today's edition of The Boston Globe.
Posted at 04:05 PM by Howard Bashman


"Nicaragua abortion ban called a threat to lives": This article appears today in The Boston Globe.
Posted at 04:05 PM by Howard Bashman


"Courts Don't Belong to Judges": The Connecticut regional section of today's edition of The New York Times today contains an editorial that begins, "The state legislature, the news media and the judicial branch clashed repeatedly this year over a simple question: Who has the final say on how Connecticut courts are run?"
Posted at 03:50 PM by Howard Bashman


"Judicial nominations: Time for bipartisanship." Law Professor Carl Tobias will have this essay in Monday's issue of The National Law Journal.
Posted at 03:40 PM by Howard Bashman


"High Court Case Could Imperil Pending Patents; Justices to Hear Dispute Over What Constitutes an Invention": law.com's Tony Mauro provides this report.
Posted at 03:35 PM by Howard Bashman


"Lawmaker Leaves Judge Nominee in Limbo": The Associated Press provides a report that begins, "A conservative Republican lawmaker is considering whether to stop blocking a judicial nominee over concerns her appearance at a lesbian commitment ceremony betrayed her legal views on gay marriage."

And The Des Moines Register on Thursday published a related article headlined "Politics stall Iowan's judgeship; John Jarvey's qualifications aren't involved in standoff."
Posted at 01:15 PM by Howard Bashman



"Check Still Needed On Judicial Power: Should Judges Answer Only To Themselves?" Mitchell W. Pearlman has this op-ed today in The Hartford Courant.
Posted at 11:04 AM by Howard Bashman


"Record damages for Irish billionaire who sued 'Mirror'": This article appeared yesterday in The Independent (UK).

The Sunday Business Post of Ireland reports today that "Supreme Court may reduce O'Brien award."

The Press Gazette (UK) reported on Friday that "Billionaire businessman wins record Irish damages against Mirror."

And today in The Sunday Times of London, Sarah Carey has an essay entitled "Doing justice to O'Brien."
Posted at 10:58 AM by Howard Bashman



"Lawyers cram for justices' grilling; Jefferson schools case heard Dec. 4": The Louisville Courier-Journal today contains an article that begins, "They've spent six months studying case law, writing legal briefs and flying around the country to sharpen their arguments before panels of top law professors. But Dec. 4, two Louisville lawyers will argue opposite sides of a landmark school-integration case before the U.S. Supreme Court in Washington, D.C. -- a first for both."

In somewhat related news, The Los Angeles Times reports today that "Affirmative action era is over, longtime foe says; Former UC regent Ward Connerly, buoyed by success of Michigan measure, is eyeing new targets."

And in The Seattle Times, columnist Danny Westneat has an op-ed entitled "Seeing our way to diversity."
Posted at 10:54 AM by Howard Bashman



"Activism already a factor in races for Pa. high court": The Philadelphia Inquirer today contains an article that begins, "Russell M. Nigro is wrestling with a dilemma: Should he try to win back a seat on the Pennsylvania Supreme Court after being ousted in a wave of voter anger last year? Or should he skip the political drama and stick with his growing court-mediation business? Nigro, a former Philadelphia trial judge, is weighing a variety of factors - whether the legal community would support him, how to raise money for another costly statewide campaign, and even what to do about bloggers who, he fears, might spread misinformation about him."
Posted at 10:48 AM by Howard Bashman


"Gay couple awaits adoption ruling from U.S. court; The Seattle men's quest for their child's birth certificate in Oklahoma highlights how states' rules conflict": This article appears today in The Los Angeles Times.
Posted at 10:45 AM by Howard Bashman


"High Court to Hear Global Warming Case": The Associated Press provides this report.
Posted at 10:25 AM by Howard Bashman


"Scalia the Civil Libertarian? As it conducts the war on terror, the Bush administration may find the conservative justice a bigger obstacle than the Democratic Party." Scott Turow has this Idea Lab essay in today's issue of The New York Times Magazine.
Posted at 10:18 AM by Howard Bashman


"Killing habeas corpus: Arlen Specter's about-face." Jeffrey Toobin will have this article in the December 4, 2006 issue of The New Yorker.
Posted at 10:15 AM by Howard Bashman


Saturday, November 25, 2006

"In Fractured Decision, CAFC Refuses to Reexamine De Novo Claim Construction": This post appeared yesterday at "Patently-O: Patent Law Blog." My earlier coverage is at this link.
Posted at 10:50 PM by Howard Bashman


"Age of consent to be set at 16": The Sunday Times of London contains an article that begins, "The Irish government is to reduce the age of consent by a year to 16, in a reform of the law on teenage sexual activity and the protection of children recommended by a parliamentary committee."

My earlier coverage of this matter, from May 2006, can be accessed here.
Posted at 10:40 PM by Howard Bashman



"Internet peek at jail life could end soon; Anderson County sheriff says Web cam jeopardizes security": This article appeared yesterday in The Tennessean.
Posted at 10:33 PM by Howard Bashman


"No liability found in STD case": The San Luis Obispo Tribune today contains an article that begins, "A jury decided this week that a former San Luis Obispo County resident did not negligently infect his ex-wife with a sexually transmitted disease, likely the first case in the state to be decided using a California Supreme Court ruling on the issue, legal experts said."
Posted at 10:32 PM by Howard Bashman


"Government Urges Supreme Court to Stay Out of Times Case": This article will appear Sunday in The New York Times.

And The Associated Press reports that "Gov't Asks Court Not to Block Records."
Posted at 10:28 PM by Howard Bashman



"University of Michigan vs. the people": Thursday in The Chicago Tribune, columnist Steve Chapman had an op-ed that begins, "After the votes were counted on election night, there were lots of gracious concession statements by losing candidates thanking their supporters, offering to work with the winners and paying tribute to the virtues of democracy. Then there was Mary Sue Coleman, who was having none of this. The day after Michigan's citizens voted to ban the use of racial and gender preferences by public institutions, the president of the University of Michigan gave an embittered speech telling them to take a long walk off a short pier."
Posted at 08:32 PM by Howard Bashman


"Case Tests Federal Supremacy Over Banks; Supreme Court to Hear Arguments Next Week in States' Challenge to 'Preemption' of Regulation": This article appears today in The Washington Post.
Posted at 08:23 PM by Howard Bashman


"New York Times seeks shield for phone records": Lyle Denniston has this post online today at "SCOTUSblog." Lyle's post links to both the newspaper's application for a stay and the federal government's response.
Posted at 08:20 PM by Howard Bashman


"Climate in the Court: The justices take up global warming." This editorial will appear Sunday in The Washington Post.
Posted at 08:15 PM by Howard Bashman


Programming note: Today is day two of my family's visit to Washington, DC. Additional posts will appear tonight.
Posted at 07:55 AM by Howard Bashman


"States will tell Supreme Court feds must act on warming; The EPA must address warming, California and others will tell justices": David G. Savage has this article today in The Los Angeles Times.

And today in The Wall Street Journal, Jess Bravin has an article (free access) headlined "An Inconvenient Case for Supreme Court" that begins, "Things are bound to heat up at the Supreme Court Wednesday, when justices weigh whether the Clean Air Act requires the Bush administration to do something about global warming."
Posted at 07:50 AM by Howard Bashman



"Lawyers learn to share their pain with jurors; They use a technique called psychodrama to connect better by showing vulnerability": This article appears today in The Los Angeles Times.
Posted at 07:45 AM by Howard Bashman


"Marriage vote suit delivered to SJC; Romney, 10 others see constitution violation": The Boston Globe contains this article today.

The Boston Herald today contains an article headlined "Gov to judges: Put gay marriage to a vote."

And The New York Times reports that "Massachusetts Governor Sues to Compel Vote on Same-Sex Marriage Amendment."
Posted at 07:40 AM by Howard Bashman



"Despite a Year of Ire and Angst, Little Has Changed on Wiretaps": This article appears today in The New York Times.
Posted at 07:35 AM by Howard Bashman


"Times Seeks to Bar Review of Phone Data": Today in The New York Times, Adam Liptak has an article that begins, "The New York Times asked the Supreme Court yesterday to bar a federal prosecutor from reviewing the phone records of two of its reporters. The records, lawyers for The Times said, would allow the government to learn the identities of many of the reporters' confidential sources."
Posted at 07:33 AM by Howard Bashman


Friday, November 24, 2006

"Minimal clothing, ban on touching upheld": Yesterday's edition of The Louisville Courier-Journal contained an article that begins, "Louisville's efforts to regulate strip clubs got a boost yesterday when the Kentucky Supreme Court upheld a McCracken County ordinance requiring dancers to wear minimal covering and quit touching customers."

You can access Wednesday's ruling of the Supreme Court of Kentucky at this link.
Posted at 08:35 PM by Howard Bashman



"Dorit Beinisch proposes U.S.-style Supreme Court": Haaretz provides a report that begins, "Supreme Court President Dorit Beinisch wants to make the Israeli Supreme Court more like its American counterpart by sharply reducing the number of cases it hears, thereby enabling it to focus solely on cases that involve major legal principles."
Posted at 08:33 PM by Howard Bashman


"Graham goes back on attack over judicial pick": Yesterday's edition of The State of Columbia, South Carolina contained an article that begins, "President Bush again has sent the Senate the nomination of William Haynes, the Pentagon's top lawyer, to the federal appellate court over South Carolina, a controversial pick senators twice have declined to support. An exasperated U.S. Sen. Lindsey Graham, R-S.C., doesn’t quite understand why."
Posted at 08:24 PM by Howard Bashman


"Jurisprudes?: What's wrong with supersexy ads in a legal magazine?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:03 PM by Howard Bashman


"Senate Democrats Revive Demand for Classified Data": The New York Times today contains an article that begins, "Seeking information about detention of terrorism suspects, abuse of detainees and government secrecy, Democrats on the Senate Judiciary Committee are reviving dozens of demands for classified documents that until now have been rebuffed or ignored by the Justice Department and other agencies."
Posted at 07:48 PM by Howard Bashman


The AP is reporting: Now available online are articles headlined "Businesses Split on Patent Case"; "Governor Seeks to Force Marriage Issue": and "Court to Hear Google-Newspaper Fight."
Posted at 07:45 PM by Howard Bashman


"New York Times Turns to Supreme Court": The Associated Press provides a report that begins, "The New York Times asked the Supreme Court on Friday to block the government from reviewing the phone records of two reporters in a leak investigation about a terrorism-funding probe."
Posted at 07:42 PM by Howard Bashman


Greetings from Washington, DC: My wife, son, and I, and the family with whom we are traveling, were fortunate to receive an informative behind-the-scenes tour of the U.S. Supreme Court building this afternoon from someone who doesn't want to be identified on the blog.

Thereafter, we had the pleasure of seeing two Smithsonian museums: the National Museum of the American Indian and the National Air and Space Museum. Tomorrow, we'll be in the vicinity of the White House. We plan to visit some monuments and also, perhaps, to see another Smithsonian museum.
Posted at 07:35 PM by Howard Bashman



Programming note: My family and I will be spending much of today and tomorrow doing tourist-like things in the Washington, DC area. As a result, additional blog posts will appear here sporadically if at all until Saturday night.
Posted at 07:15 AM by Howard Bashman


"Hope for bipartisan nominations: Paradoxically, the return of divided government may mark the return of rationality on judicial nominees." This editorial appears today in The Los Angeles Times.
Posted at 07:14 AM by Howard Bashman


Thursday, November 23, 2006

"Hinckley's Mother To Be His Sole Escort; Judge Allows Visits Despite Father's Illness": This article appears today in The Washington Post.

Also available online are Tuesday's opinion and order of the U.S. District Court for the District of Columbia.
Posted at 01:04 PM by Howard Bashman



"Three networks ask court to halt FCC crackdown; Fox calls the agency's steps against indecency a radical expansion of the rules; The case could go to the Supreme Court": Jim Puzzanghera has this article today in The Los Angeles Times.
Posted at 11:50 AM by Howard Bashman


"Now online: slide-rule celebrities; Economists who author blogs are drawing fans who see nothing dismal about the discipline." The Los Angeles Times today contains an article that begins, "Fame found Tyler Cowen on the back seat of an airport bus."
Posted at 11:48 AM by Howard Bashman


"USDA may have to consider monkeys' feelings, says court": The Central Valley Business Times provides this report.

My earlier coverage appears at this link.
Posted at 09:35 AM by Howard Bashman



Available online from law.com: An article reports that "Vaunted Legal Scholar Switches Sides in Supreme Court Patent Case; Stanford's Mark Lemley decides the current 'obviousness' standards may be fine after all."

In other news, "Ga. Court Readies for Media Blitz Over Trial of Alleged Courthouse Shooter."

And next week's installment of my "On Appeal" column is headlined "What Do the Federal Appellate Procedure Rule Changes Mean for You?" Two amendments to the Federal Rules of Appellate Procedure officially take effect on December 1, 2006, and you can read more about them here and here.
Posted at 09:32 AM by Howard Bashman



The New York Times is reporting: Today's newspaper contains an article headlined "A Growing Plea for Mercy for the Mentally Ill on Death Row."

And Adam Liptak reports that "Court Rules for Kentucky on Executions." My earlier coverage appears at this link.
Posted at 09:25 AM by Howard Bashman



Wednesday, November 22, 2006

Circuit Judge Richard A. Posner and Law Professor Brian Leiter debate pragmatic adjudication: "The Faculty Blog" of the University of Chicago Law School provides a post titled "What Do and What Should Judges Do?" You can download an mp3 podcast of the debate between Judge Posner and Professor Leiter via this link.

At 15 minutes and 40 seconds into the mp3 audio recording, Professor Leiter finally allows Judge Posner to speak.
Posted at 05:10 PM by Howard Bashman



"Courts - Linking to 7th Circuit opinions can be tricky." Marcia Oddi of "The Indiana Law Blog" -- a blog that frequently links to Seventh Circuit opinions -- provides this post following-up on my related post from yesterday.
Posted at 04:25 PM by Howard Bashman


"Scalia the Civil Libertarian? As it conducts the war on terror, the Bush administration may find the conservative justice a bigger obstacle than the Democratic Party." Scott Turow will have this Idea Lab essay (TimesSelect temporary pass-through link) in this upcoming Sunday's issue of The New York Times Magazine.
Posted at 03:22 PM by Howard Bashman


"Same-sex couple seeks divorce in R.I.; The case - involving a Providence couple who got married in Fall River in 2004 - could set a legal precedent in Rhode Island": This article appears today in The Providence Journal, which has also posted online a PDF image of the couple's Massachusetts marriage certificate.

And The Associated Press reports that "Gay R.I. Couple Files for Divorce."
Posted at 03:15 PM by Howard Bashman



"Kentucky Supreme Court says lethal injection legal": The Courier-Journal of Louisville provides a news update that begins, "The Kentucky Supreme Court on Wednesday rejected two Death Row inmates' argument that execution by lethal injection violates the constitutional protection against cruel and unusual punishment."

The Lexington Herald-Leader provides a news update headlined "State's high court upholds lethal injection for executions."

And The Associated Press reports that "Ky. Court Upholds Lethal Injection."

You can access today's ruling of the Supreme Court of Kentucky at this link.
Posted at 03:12 PM by Howard Bashman



Divided three-judge Ninth Circuit panel reinstates challenge to the USDA's decision not to adopt a Draft Policy providing guidance to zoos and research facilities on how to ensure the psychological well-being of nonhuman primates in order to comply with the federal Animal Welfare Act: Here's a ruling that is sure to merit mention at the "Animal Law Blog."

Today a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion that begins:

Plaintiffs, who include the Animal Legal Defense Fund ("ALDF"), the Animal Welfare Institute ("AWI"), and three individuals, challenge the United States Department of Agriculture's ("USDA") decision not to adopt a Draft Policy that would have provided guidance to zoos, research facilities, and other regulated entities in how to ensure the psychological well-being of nonhuman primates in order to comply with the federal Animal Welfare Act ("AWA"). Plaintiffs challenge the decision not to adopt the Draft Policy under the Administrative Procedure Act ("APA") as arbitrary and capricious. The district court did not reach the merits of plaintiffs' suit because it determined that the USDA's decision did not constitute reviewable final agency action. We disagree. We hold that at least one of the plaintiffs has standing under Article III of the Constitution, and we conclude that the district court has authority under the APA to review the USDA's decision not to adopt the Draft Policy.
Circuit Judge William A. Fletcher wrote the majority opinion, in which Senior U.S. District Judge H. Russel Holland of the District of Alaska joined.

Circuit Judge Alex Kozinski issued a dissenting opinion. His dissent concludes:

The majority expands the law of standing beyond recognition. It unmoors administrative law from sound principles of judicial review, and insinuates the federal courts into sensitive policy judgments that are the exclusive province of the Executive Branch. It ignores the teachings of the Supreme Court and misapplies the precedents it relies on. It will cause no end of mischief. Count me out.
At first glance, this case appears to be a strong candidate for rehearing en banc.
Posted at 02:40 PM by Howard Bashman


"I do not believe that every error by a panel is enbancable. A panel is entitled to err without the full court descending upon it." So writes Circuit Judge Alan D. Lourie, in an opinion issued today concurring in the U.S. Court of Appeals for the Federal Circuit's decision to deny rehearing en banc in Amgen Inc. v. Hoechst Marion Roussel, Inc. Six separate opinions accompany the denial of rehearing en banc, including a dissent from that court's newest judge, Kimberly Ann Moore.
Posted at 12:00 PM by Howard Bashman


In praise of those few U.S. Courts of Appeals that routinely treat as published opinions their orders granting rehearing en banc: Following-up on my lengthy post from yesterday that criticized the manner in which the U.S. Court of Appeals for the Seventh Circuit provides online access to its published opinions, this post offers a suggestion that would improve the quality of information freely available online from nearly all of the federal appellate courts.

At present, it appears that only the U.S. Courts of Appeals for the Fifth and Ninth Circuits routinely post online as published opinions their orders granting rehearing en banc. Two recent examples can be accessed here and here.

The Ninth Circuit is especially deserving of praise, as it offers on its web site a compilation of the questions presented in the cases in which rehearings en banc have been granted along with access to the briefs filed in seeking en banc rehearing.

The Eleventh Circuit also deserves honorable mention, because its web site offers a listing of en banc issues. And the Fourth Circuit also deserves some praise because after rehearing is granted, that court notes the grant of rehearing on the face of the original decision in which rehearing had been granted (see here for an example).

Unfortunately, the vast majority of federal appellate courts fails to post online as published opinions those courts' orders granting rehearing en banc in a case. Instead, what one more commonly sees are orders denying rehearing en banc, accompanied by for-publication dissenting statements, which are posted online as published opinions.

Yesterday in the D.C. Circuit's Abigail Alliance case, the absurdity of the approach that most of the federal appellate courts follow was made apparent for all to see. The D.C. Circuit posted online as a published opinion the panel's explanation of its reasons for denying panel rehearing. But the D.C. Circuit did not post online as a published opinion the court's order granting rehearing en banc in the case. Indeed, it was not until this morning (see my post immediately below) that the D.C. Circuit's order granting rehearing en banc became available over that court's password-required PACER system. And, in the post immediately below, I have provided public access to yesterday's order granting rehearing en banc.

My original post about yesterday's decision denying panel rehearing noted the absence of any explanation of the disposition of the federal government's alternate request for rehearing en banc. Another law blogger depicted yesterday's D.C. Circuit developments as a loss for the federal government, which was correct based on available information but absolutely incorrect once the previously unknown grant of the federal government's petition for rehearing en banc became public.

In sum, all federal appellate courts should begin to follow the approach of the Fifth and Ninth Circuits in posting online as published opinions those courts' orders granting rehearing en banc. A federal appellate court's decision to grant rehearing en banc in a case is a significant development that should not remain hidden from the public inside a password-required PACER docket.

Update: I'm pleased to report that the Eleventh Circuit deserves the same amount of praise as the Fifth and Ninth Circuits for routinely posting online its orders granting rehearing en banc in the same manner that the Eleventh Circuit posts online its published opinions.
Posted at 10:55 AM by Howard Bashman



Access online the D.C. Circuit's order granting rehearing en banc in the substantive due process access to experimental potentially life-saving drugs case: I obtained a copy of the D.C. Circuit's order entered yesterday granting rehearing en banc in the case from that court's PACER system, and I have uploaded a copy of the order to this link.
Posted at 10:25 AM by Howard Bashman


Sixth Circuit reinstates First Amendment retaliation claim asserted by former elected school superintendent for Morgan County, Tennessee, who lost his job after a newspaper reported that he would be speaking at a convention sponsored by a church with a predominantly homosexual congregation: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:18 AM by Howard Bashman


"Pataki Rebuked on Confining Sex Offenders": This article appears today in The New York Times.

The Times Union of Albany, New York today contains an article headlined "Court: Pataki violated rights of sex offenders; Governor promises to call Legislature back to change law after hearings ordered."

And Joseph Goldstein of The New York Sun reports that "Governor To Push For New Law On Sex Offenders."

You can access yesterday's ruling of the Court of Appeals of New York, that State's highest court, at this link.
Posted at 08:35 AM by Howard Bashman



"Journalist denied holiday furlough from prison; Reprieve might ease pressure on activist to give in, judge says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge has denied a Thanksgiving furlough to Josh Wolf, the activist and freelance journalist who has been in prison more than three months for refusing to surrender a videotape of a San Francisco political protest."
Posted at 08:27 AM by Howard Bashman


"Court says Israel must register same-sex marriages; The ruling, which affects those wed abroad, reignites a debate over gay rights": This article appears today in The Los Angeles Times.

And The Jerusalem Post reports that "Gay marriages can now be registered."
Posted at 08:20 AM by Howard Bashman



"Whites-Only Rule At B.U. Is Booed; In protest against affirmative action, GOP club offers aid for Caucasians": The Harvard Crimson today contains an article that begins, "Criticizing scholarships reserved for minority students, the Boston University College Republicans announced Monday that the group will be awarding a $250 scholarship that requires applicants to be at least 25 percent Caucasian."

And The Daily Free Press of Boston University reported yesterday that "BU group offers white scholarship; Award meant to protest race-based scholarships."
Posted at 08:10 AM by Howard Bashman



"Gay Couples Demand Marriage; Take Their Appeal To State High Court": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Lawyers for eight same-sex couples seeking the right to marry will file their brief in the state Supreme Court today, setting the stage for an epochal legal battle on whether Connecticut permits gay marriage."
Posted at 08:07 AM by Howard Bashman


"Many fume over hot ad in lawyers newspaper": The Boston Globe today contains this article, which features a large image of the ad in question.
Posted at 08:05 AM by Howard Bashman


"Reno Joins Criticism of Anti-Terror Strategy; Former Prosecutors Urge Court to Act Against Indefinite Detention of Suspects": This article appears today in The Washington Post.
Posted at 07:58 AM by Howard Bashman


"Police interview injured Chappaqua man whose wife was shot by road assailant": The Journal News of Westchester, New York today contains an article that begins, "A disbarred lawyer whose wife was killed when they were shot under mysterious circumstances has been released from the hospital and underwent further questioning by detectives yesterday at his Chappaqua home."

And The New York Times reports today that "Police Question Husband in Westchester Shooting."
Posted at 07:55 AM by Howard Bashman



"Man's Deportation to Somalia Sets Off a Wave of Concern Over Safety": The New York Times contains this article today.
Posted at 07:45 AM by Howard Bashman


"Court says blogs not liable for 3rd parties; Calif. ruling also covers site owners": This article appears today in USA Today.
Posted at 07:35 AM by Howard Bashman


"What's new? Justices may help define standard in patent case." Joan Biskupic has this article today in USA Today.
Posted at 07:33 AM by Howard Bashman


"Listening in on Detainee Hearings": This audio segment (RealPlayer required) appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 07:30 AM by Howard Bashman


Tuesday, November 21, 2006

The Associated Press is reporting: Now available online are articles headlined "Court to Hear Experimental Drugs Case"; "War Objector Fate May Rely on Old Cases"; and "Judge Tosses Out Suit Against Craigslist."
Posted at 10:00 PM by Howard Bashman


"10th Circuit judge's oath a family affair; Justice Kennedy presides at a public ceremony for the son of an ex-EPA chief as his wife and daughters watch": The Denver Post today contains an article that begins, "Seven-year-old Emma and 5-year-old Belinda helped their father, Neil Gorsuch, into his judge's robes Monday after the newly appointed 10th Circuit Court judge was sworn in."
Posted at 07:48 PM by Howard Bashman


D.C. Circuit denies panel rehearing, but reportedly grants rehearing en banc, in case seeking recognition of a substantive due process right for a terminally ill patient to access potentially life-saving post-Phase I investigational new drugs: Earlier today, I posted here about today's decision denying panel rehearing.

Counsel for one of the parties to the suit thereafter advised me that the D.C Circuit today granted rehearing en banc in the case. No sign of the order granting rehearing en banc was immediately available via the D.C. Circuit's web site.
Posted at 06:02 PM by Howard Bashman



Access online the Fourth Circuit brief in which "Reno Files Challenge to Terror Law": Earlier today, I linked here to an article from The Associated Press that begins, "Former Attorney General Janet Reno and seven other former Justice Department officials filed court papers Monday arguing that the Bush administration is setting a dangerous precedent by trying a suspected terrorist outside the court system."

A reader has emailed to me a PDF copy of that brief, filed yesterday in the U.S. Court of Appeals for the Fourth Circuit, and you can access it online at this link.

Update: The appellants' opening brief and the federal government's recently-filed motion to dismiss can be accessed via this post at Jurist's "Paper Chase" blog.
Posted at 05:10 PM by Howard Bashman



So you'd like to link to a ruling of the U.S. Court of Appeals for the Seventh Circuit? As a public service to the legal blogosphere, I offer the following guidance.

When linking to the rulings of twelve of the thirteen U.S. Courts of Appeals, a law blogger need do nothing more than open the opinion on the web site of the issuing court, copy the complete "http://" address from your web browser's address bar, and then insert the copied address to create the desired link in your to-be-published blog post.

But, just as the U.S. Court of Appeals for the Seventh Circuit is fortunate to have on its court some of the best writers and best legal minds in the entire federal judiciary, the Seventh Circuit is also the only federal appellate court that makes it nearly impossible to link to its own rulings. Here's why.

Take, for example, yesterday's interesting tax law ruling in Kohler Co. v. USA, No. 05-4472. If you click on the link I provided in the preceding sentence and then direct your computer mouse's cursor over the link to access the opinion, the following link destination appears:

http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4472_019.pdf
However, after I just clicked on that link, the opinion in PDF format appeared in a web browser window in which the address bar reads:
http://www.ca7.uscourts.gov/tmp/Y70W8B81.pdf
Over the past several days, other bloggers have also posted about the ruling. At "Above the Law," David Lat referred to the ruling in a post you can access here. That post contains the following link to the opinion:
http://www.ca7.uscourts.gov/tmp/Y60U2RYH.pdf
And "TaxProf Blog" discussed the opinion yesterday in a post you can access here, using the same link to the opinion as found at "Above the Law."

The problem is that the links created in your web browser's address bar by clicking on:

http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4472_019.pdf
are what are known as "temporary links," meaning that they will remain functional for only a matter of hours after they have been created. As a result, when I click on the links to the opinion found at "TaxProf Blog" and "Above the Law":
http://www.ca7.uscourts.gov/tmp/Y60U2RYH.pdf
I receive "HTTP 404 - File not found." And you may receive the same result when you click on the temporary link that I created when I moments ago opened the opinion in my own web browser:
http://www.ca7.uscourts.gov/tmp/Y70W8B81.pdf
The solution for avoiding this problem is for the blogger who wants to post an "evergreen" link to a Seventh Circuit ruling to right-click on the link to the opinion as it appears on the Seventh Circuit's web page (click here first to follow along using yesterday's tax decision example), select "copy shortcut," and then paste that copied shortcut as the link in the to-be-published blog post.

Instead of using:

http://www.ca7.uscourts.gov/tmp/Y60U2RYH.pdf

http://www.ca7.uscourts.gov/tmp/Y70W8B81.pdf

http://www.ca7.uscourts.gov/tmp/Y70WZGGL.pdf

or any other link with the dreaded "tmp" in it, what you'd use as the permanent link is the admittedly lengthier but continuously functional:
http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4472_019.pdf

I previously posted about this issue in April 2005 (see my posts here and here).

The second of those two posts from April 2005 (access the post in question here) contained an explanation from a sitting Seventh Circuit judge for why that court decided to make it nearly impossible for the casual blogger to link directly to a Seventh Circuit decision on the court's own web site.

I must admit that, over a year and a half later, I find the Seventh Circuit's explanation -- security concerns -- to be singularly unpersuasive. The other twelve U.S. Courts of Appeals share the same security concerns as the Seventh Circuit, and yet they have not seen fit to make it next to impossible to link directly to their own rulings.
Posted at 04:20 PM by Howard Bashman



"Prosecutors drop Lay appeal; Government withdraws notice to challenge ruling clearing record": The Houston Chronicle today contains an article that begins, "Federal prosecutors on Monday had this to say about their intent to challenge a judge's decision to wipe out former Enron Chairman Ken Lay's convictions: Never mind. Last week the Justice Department filed notice it would appeal U.S. District Judge Sim Lake's October decision to clear Lay's name. That filing came the same day two senators introduced a bill to allow crime victims to seek restitution when a convicted defendant dies before exhausting appeals."

And The Associated Press reports that "Prosecutors Won't Challenge Lay Ruling."
Posted at 03:44 PM by Howard Bashman



Tenth Circuit affirms dismissal of federal civil action naming "over sixty defendants, including among many others President Bush, God as U.S.-based divine benefactor, several government agencies, The New York Times, and Kentucky Fried Chicken": Circuit Judge Michael W. McConnell writes, in a non-precedential decision that the U.S. Court of Appeals for the Tenth Circuit issued last Friday, that "Jungle Democracy's appeal is as unintelligible as its complaint and also states no grounds for relief."
Posted at 03:40 PM by Howard Bashman


"U.S. Appeals to Reinstate Terror Charge": The Associated Press provides a report that begins, "Federal prosecutors have asked an appeals court to reinstate a key terrorism charge against alleged al-Qaida operative Jose Padilla, contending a judge erred in finding that it duplicated other counts in the same indictment."
Posted at 02:54 PM by Howard Bashman


"Partial-Birth's Trojan Horse: Why the Supreme Court's looming decision on partial-birth abortion bans actually matters." Scott Lemieux has this essay online at The American Prospect.
Posted at 02:25 PM by Howard Bashman


"Prosecute Rumsfeld? Not Ridiculous." Jeremy Brecher and Brendan Smith will have this essay in the December 4, 2006 issue of The Nation.
Posted at 02:24 PM by Howard Bashman


Too bad this new Oyez feature wasn't announced before Halloween: A newly announced feature on the web site Oyez allows you to utilize Google Maps to see "where your favorite Justice is buried," assuming that your favorite U.S. Supreme Court Justice is deceased. If I understand the two maps correctly, it appears that no Justice is buried west of the Denver area.

The Court's own official list of all who have served can be accessed here.
Posted at 02:05 PM by Howard Bashman



Ninth Circuit wins the race to be the first federal appellate court to issue a precedential opinion from a panel on which Retired Justice Sandra Day O'Connor sat by designation: You can access today's ruling, which Justice O'Connor joined in but did not author, at this link.

Because Justice O'Connor joined the U.S. Supreme Court directly from a state appellate court, presumably this represents the first precedential U.S. Court of Appeals decision in which she has participated.
Posted at 01:55 PM by Howard Bashman



"Whether indigent litigants must be ordered to pay statutory costs is a subject that has divided the circuits." Seventh Circuit Judge Frank H. Easterbrook today has issued an interesting concurring opinion in which he remarks that "the parties' relative wealth is not a good reason to deny costs to the winner, any more than a losing litigant's indigence would be a good reason to withhold an award of damages for battery, theft, or breach of contract."
Posted at 12:34 PM by Howard Bashman


"Ruling limits Internet liability; Granting immunity to all but the initial sources of defamatory statements protects freedom of expression, state high court says": Maura Dolan has this article today in The Los Angeles Times.

Bob Egelko of The San Francisco Chronicle reports today that "Internet providers win libel ruling in high court."

Howard Mintz of The San Jose Mercury News reports that "Justices hand victory to free speech online; Web site can't be sued for postings by others."

Josh Richman of The Oakland Tribune has an article headlined "State court: Web reposts not libelous; Unanimous ruling states Congress has not made law to address distribution of others' defamatory statements over Internet."

And The San Diego Union-Tribune reports that "State court backs 'opinion' e-mail; S.D. woman published third party's piece."

My earlier coverage appears at this link.
Posted at 12:15 PM by Howard Bashman



"Reno Files Challenge to Terror Law": The Associated Press provides a report that begins, "Former Attorney General Janet Reno and seven other former Justice Department officials filed court papers Monday arguing that the Bush administration is setting a dangerous precedent by trying a suspected terrorist outside the court system."
Posted at 12:10 PM by Howard Bashman


"Tapes Provide First Glimpse of Secret Gitmo Panels": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

Also, via this link, NPR is making available additional related audio clips of the Guantanamo proceedings.
Posted at 11:54 AM by Howard Bashman



"Court: Pastor's civil rights not violated." The Wisconsin State Journal today contains an article that begins, "Madison police did not violate the civil rights of a Monroe pastor when they told him to take his anti-gay protest off of Beltline overpasses in 2003, a federal appeals court ruled Monday."

My earlier coverage appears at this link.
Posted at 11:40 AM by Howard Bashman



"Top-Secret Torture: The Bush administration claims detainees can't disclose how they were treated." This editorial appears today in The Washington Post.
Posted at 11:28 AM by Howard Bashman


"A Pointed Reminder for Security Screeners; Disputes Over Sikhs' Required Daggers Prompt a Federal Poster on Respectful Procedures": The Washington Post today contains an article that begins, "Feel frustrated when a jangling bracelet or pocket full of coins sets off security screeners as you make your way into a government building? Consider the Sikhs, whose religion requires them to always wear a dagger. The centuries-old requirement has collided with beefed-up, post-Sept. 11 rules that no longer allow people to leave legal weapons and other banned items with security guards working in such buildings as courthouses and federal offices. In two dozen cases in the past two years, Sikhs have been arrested, threatened with arrest or harassed in disputes with guards over the ceremonial kirpan, according to the Sikh American Legal Defense and Education Fund."
Posted at 11:25 AM by Howard Bashman


"Israel Orders Gay Marriage Recognition": The Associated Press provides a report that begins, "In a landmark ruling, Israel's Supreme Court ordered the government Tuesday to recognize same-sex marriages performed abroad."
Posted at 11:17 AM by Howard Bashman


"Billion-dollar ruling against BofA tossed; Appeals court says deducting money to pay fees is OK": Bob Egelko has this article today in The San Francisco Chronicle.

law.com's Justin Scheck reports that "Billion-Dollar BofA Ruling Struck Down."

David Kravets of The Associated Press reports that "Court overturns $1.5 billion verdict against Bank of America."

And Reuters reports that "Bank of America wins reversal of $1.6 bln verdict."

You can access yesterday's ruling of California's Court of Appeal for the First Appellate District at this link.
Posted at 11:10 AM by Howard Bashman



"Prof. Praises Guantanamo Case": The Harvard Crimson today contains an article that begins, "The professor who litigated this summer’s landmark U.S. Supreme Court case ruling that military commissions for Guantanamo Bay detainees violate Geneva Convention prohibitions lauded that decision at the Harvard Law Review’s annual Supreme Court Forum yesterday."
Posted at 10:58 AM by Howard Bashman


The D.C. Circuit examines what is necessary to state a cause of action for hostage taking under the 1996 Terrorism Amendment to the Foreign Sovereign Immunities Act: Today's ruling affirms the denial of Libya's motion to dismiss the action.
Posted at 10:55 AM by Howard Bashman


"Alliance members who are terminally ill and who lack government-approved treatment options have a due process interest in self-determination that protects their pursuit of promising new medications to save their lives." A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit today issued a decision rejecting the Food and Drug Administration's petition for panel rehearing of that panel's earlier 2-1 ruling recognizing such a due process interest. My coverage of the earlier ruling appears at this link.

Today's decision appears only to reject the FDA's request for panel rehearing, in which the FDA for the first time challenged plaintiffs' assertion of Article III standing. Presumably the FDA's request for rehearing en banc now goes before the entire D.C. Circuit for consideration.
Posted at 10:50 AM by Howard Bashman



"As Victim Dies, a Mystery Grows in Westchester": The New York Times today contains an article that begins, "Carlos Perez-Olivo was a lawyer with an intimate appreciation for the dark side of the law."

And The Journal News of Westchester, New York today contains an article headlined "Chappaqua woman dies after shooting that also wounded her husband."
Posted at 08:50 AM by Howard Bashman



"Fox rebuffs 'fatuous' Borat lawsuit": The Hollywood Reporter (via Reuters) provides this report.

The Los Angeles Times reports today that "2 villagers in Borat sue Fox, filmmakers for $30 million."

And Reuters reports that "Romanian villagers sue in NY over role in 'Borat.'"
Posted at 08:44 AM by Howard Bashman



"Internet porn trial ending; At issue during closing arguments was whether filtering offers effective ways to protect children": This article appears today in The Philadelphia Inquirer.

And at the First Amendment Center, Paul K. McMasters has an essay entitled "Too much sex or too much law?"
Posted at 08:24 AM by Howard Bashman



"When the Court Lost Its Conscience: The man behind Dred Scott, and his clash with Lincoln." Allen C. Guelzo has this essay online today at OpinionJournal.
Posted at 06:55 AM by Howard Bashman


"Newdow Retracts Comment About Minister": Josh Gerstein has this article today in The New York Sun.
Posted at 06:54 AM by Howard Bashman


Monday, November 20, 2006

"Detainees appeal to judicial modesty": Lyle Denniston has this post online at "SCOTUSblog."
Posted at 09:57 PM by Howard Bashman


"Monument at Houston Courthouse Tests the Limits of Ten Commandments Rulings": That was the headline of an installment of my weekly "On Appeal" column that law.com published two months ago. My essay began, "On Aug. 15, 2006, a divided three-judge panel of the 5th U.S. Circuit Court of Appeals issued a decision resolving an Establishment Clause challenge to a monument that a Christian charity erected on the grounds of a state civil courthouse in Houston to honor the memory of a prominent local businessman and philanthropist."

The majority on the divided three-judge panel ruled that the monument violated the Establishment Clause. The conclusion to my essay stated: "Whether a monument that did not originally violate the Establishment Clause winds up doing so when commandeered for religious purposes is an interesting and difficult question left unresolved by the U.S. Supreme Court's recent Ten Commandments decisions. Harris County, Texas, on whose property the Mosher monument resides, has recently asked the entire 5th Circuit to rehear the case en banc, and U.S. Supreme Court review of this case is not entirely out of the question, so this interesting dispute may yet be far from over."

My statement that the case "may yet be far from over" has proved correct, as the Fifth Circuit on Friday issued an order (posted online today) granting rehearing en banc in the case.
Posted at 08:10 PM by Howard Bashman



"STD suit could set precedent in state": The Tribune of San Luis Obispo, California today contains an article that begins, "A former San Luis Obispo County resident is suing her ex-husband, claiming he negligently infected her with a sexually transmitted disease in what experts say could be a precedent-setting case in California. Legal experts say the case between Janet Smith and Patrick Neiland Smith is significant because many people do not realize passing on an STD could pose a legal liability."
Posted at 07:38 PM by Howard Bashman


"Former judge disbarred for groping girl at pop concert": The Associated Press provides a report that begins, "The Pennsylvania Supreme Court has disbarred a former Monroe County judge who is serving 10 years' probation for groping a preteen girl at a pop music concert."

You can access Friday's order of the Supreme Court of Pennsylvania at this link.
Posted at 07:35 PM by Howard Bashman



"Court: Web sites not liable for libel committed by third parties." Howard Mintz of The San Jose Mercury News provides this update.

Bloomberg News reports that "Court Says Web Publisher Isn't Liable for Defamation."

And c|net News.com reports that "Calif. court ruling seeks to protect bloggers, Web publishers."
Posted at 07:25 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Lawyer: 'No-Hearing' Process Traps Detainees" and "The Legacy of Supreme Court Justice Brandeis" (RealPlayer required).
Posted at 07:15 PM by Howard Bashman


"Judge says Mack must go to trial for all charges": Friday's edition of The Reno Gazette-Journal contained an article that begins, "Looking at each piece of evidence individually would not be enough to charge Darren Mack with shooting the judge who was deciding his divorce, Clark County District Judge Douglas Herndon said Thursday as he considered a motion to throw out the attempted murder charge."
Posted at 05:58 PM by Howard Bashman


"Supreme Court Justices Antonin Scalia & Samuel Alito at the Federalist Society": You can access, online and on-demand, the video from this past Saturday's broadcast of C-SPAN's "America and & Courts" by clicking here (RealPlayer required).
Posted at 05:50 PM by Howard Bashman


"Closings in Internet-porn trial": The Philadelphia Inquirer provides a news update that begins, "A never enforced federal law aimed at protecting children from Internet porn is vague, threatens free speech, and will not achieve its intended goal, opponents of the measure argued today."

And The Associated Press reports that "Lawyers Argue Validity of '98 Online Law."

The ACLU provides access to trial transcripts at this link, while additional information about the case can be accessed here.
Posted at 05:38 PM by Howard Bashman



"Howard's huge year nets him NL MVP; Phils slugger led Majors in homers, RBIs in first full season": MLB.com provides this report.
Posted at 05:32 PM by Howard Bashman


"ISP not responsible for online libel, state's top court rules": Bob Egelko of The San Francisco Chronicle provides this news update.

And Maura Dolan of The Los Angeles Times provides a news update headlined "Court ruling protects internet users and providers."

My earlier coverage is at this link.

Update: Bob Ambrogi, at his "Media Law" blog, has a post titled "Calif. Court Issues Broad Libel Protection."
Posted at 04:45 PM by Howard Bashman



"O.J. Simpson Book, TV Special Canceled": The Associated Press provides this report. The former football star's next project will be titled "If I Did It and If I Had a Book and TV Special About It."
Posted at 04:03 PM by Howard Bashman


IRS seeks all, but receives nothing, in attempting to tax the consequences of Kohler Company's participation in the Mexican government's debt-equity swap program: In 1987, Kohler, the well-known manufacturer of plumbing products, purchased $22.4 million (USD) in Mexican debt from Bankers Trust for $11.1 million (USD). Then, in exchange for the $22.4 million (USD) in Mexican debt, Kohler received from the Mexican government $19.5 million (USD) worth of pesos that had to be spent in Mexico on projects approved by the government and could not be freely converted to dollars or other foreign currencies until 1998.

The Internal Revenue Service increased Kohler's taxable income in the year of the transaction by the difference of $8.4 million between the price that Kohler had paid Bankers Trust for the Mexican debt and $19.5 million. Today, the U.S. Court of Appeals for the Seventh Circuit, in an opinion for a unanimous three-judge panel written by Circuit Judge Richard A. Posner, affirms the grant of summary judgment in favor of Kohler and against the IRS. Today's opinion concludes that the IRS "played all or nothing, lost all, so gets nothing."
Posted at 03:00 PM by Howard Bashman



"We acknowledge that recognizing broad immunity for defamatory republications on the Internet has some troubling consequences. Until Congress chooses to revise the settled law in this area, however, plaintiffs who contend they were defamed in an Internet posting may only seek recovery from the original source of the statement." The Supreme Court of California has today issued its ruling in Barrett v. Rosenthal.

My earlier post previewing today's ruling can be accessed here.
Posted at 01:35 PM by Howard Bashman



Seventh Circuit rejects on the merits the claim of anti-homosexuality protester who asserts his First Amendment rights were violated when the City of Madison, Wisconsin banned him from protesting on a pedestrian overpass above a busy highway: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Back on July 19, 2005 -- a date that remains noteworthy in the law for other reasons (see here and here) -- the Seventh Circuit reversed the federal district court's grant of summary judgment against this very protester and remanded the case for trial. My coverage of that ruling can be accessed here.

After the trial occurred on remand from the Seventh Circuit's earlier ruling, Law Professor Ann Althouse predicted here that the Seventh Circuit was likely to affirm. And today her prediction proved correct.
Posted at 12:55 PM by Howard Bashman



"Nicaragua Eliminates Last Exception to Strict Anti-Abortion Law": This article appears today in The New York Times. According to the article, "the new law strikes out a clause that made it possible for a woman to obtain an abortion legally when three doctors certified that unless she did, her own life would be in danger."
Posted at 12:40 PM by Howard Bashman


"Top NY court cuts school-funding mandate": The Rochester Democrat & Chronicle provides a news update that begins, "In a 4-2 decision, the state's highest court today significantly reduced the amount the state must spend on New York City schools to guarantee students a 'sound basic' education. The Court of Appeals said the state must spend a minimum of $1.93 billion per year -- striking down a lower court order that mandated a range of $4.7 billion to $5.6 billion per year."

The New York Times provides a news update headlined "N.Y. Is Ordered to Pay $1.93 Billion for City Schools."

And The Associated Press reports that "N.Y. Must Pay Schools $1.93B More a Year."

You can access today's ruling of the Court of Appeals of New York, that State's highest court, at this link.
Posted at 12:18 PM by Howard Bashman



The 2006 Weblog Awards seek nominees for "Best Law Blog": Nominations are being accepted in the comments at this link.
Posted at 11:55 AM by Howard Bashman


"Fate of Flanders' judgeship uncertain; Republican Sen. Lincoln D. Chafee, now a lame duck, had recommended him for the appeals court": The Providence Journal today contains an article that begins, "Former state Supreme Court Justice Robert G. Flanders Jr. finds himself in an uncomfortable place these days: limbo. In March, U.S. Sen. Lincoln D. Chafee announced he was recommending Flanders for a seat on the 1st U.S. Circuit Court of Appeals, in Boston, because that court's only Rhode Islander, Judge Bruce M. Selya, is planning to curtail his caseload and assume senior status by year's end. But eight months later, the White House has yet to nominate Flanders, much less secure Senate confirmation, and now the Republican Chafee is a lame duck, having lost the Nov. 7 election to Democrat Sheldon Whitehouse."

My earlier coverage of the phantom Flanders First Circuit nomination can be accessed here, here, and here.

Back on March 18, 2006, The Providence Journal published an article headlined "Flanders nominated for federal court; Sen. Lincoln Chafee puts the former state Supreme Court justice's name forward to replace Bruce Selya on the 1st Circuit Court of Appeals." That article begins, "Robert G. Flanders, a former Rhode Island Supreme Court justice, respected Providence trial lawyer and onetime Brown University football star, was nominated yesterday by Sen. Lincoln Chafee to a seat on the 1st Circuit Court of Appeals, one of the nation's most prestigious courts." Recent events confirm that while individual U.S. Senators may recommend who the White House should nominate for federal appellate judgeships, it is the White House that has the final word.
Posted at 11:13 AM by Howard Bashman



"Nager Looked to Abramoff for Judgeship; Glen Nager wanted to be a judge, and he turned to Jack Abramoff for help": This week's issue of Legal Times contains an article (free access) that begins, "Even without the help of Jack Abramoff, by most accounts Glen Nager was a strong candidate for a judgeship on what is widely seen as the nation's second most important court."
Posted at 10:00 AM by Howard Bashman


"4th Circuit Beats Back Anti-Spam Plaintiff": This post appears at the blog "Spam Notes."
Posted at 09:57 AM by Howard Bashman


The Supreme Court of California is scheduled to issue its ruling today in the internet free speech case known as Barrett v. Rosenthal: One of the central questions presented in the case is whether "the [federal] Communications Decency Act confer[s] absolute immunity on an Internet 'provider' or 'user' who republishes statements made by third parties, or can liability still be imposed under traditional common law principles where the provider or user knows or has reason to know of the defamatory character of a statement it republished on the Internet?"

The petition for review filed in the California Supreme Court can be accessed here. Also available online are the ruling of the California Court of Appeal for the First Appellate District, Division Two, and the trial court's ruling in the case.

The Electronic Frontier Foundation has a web page devoted to the case. And Poynter Online's "E-Media Tidbits" blog a few months ago took a detailed look at the case.

California's Supreme Court will post online its ruling in the case at 1 p.m. eastern time, 10 a.m. pacific time.
Posted at 09:15 AM by Howard Bashman



"Electronic Filing on Appeal: What Does the Future Hold?" By clicking here, you can access the new installment of my "On Appeal" column for law.com.
Posted at 08:57 AM by Howard Bashman


Blog not written by Tim Conway: Via this recent post from Orin Kerr at "The Volokh Consipracy," I have learned of the new blog "Dorf on Law."

Related earlier "How Appealing" posts can be accessed here and here.
Posted at 08:54 AM by Howard Bashman



"On Asian-American Admissions: Affirmative action, despite its shortcomings, is largely effective." The Harvard Crimson contains this editorial today.

And The Daily Princetonian today contains an editorial entitled "Racing for admission" and an op-ed by Jonathan T. M. Pitts-Wiley entitled "Falling off the tight rope."
Posted at 08:40 AM by Howard Bashman



"Shirin Shakir Memorial Team Wins 95th Ames Moot Court Finals": This article appears in the current issue of The Harvard Law Record.

I previously linked here to the video of the moot court finals.
Posted at 08:37 AM by Howard Bashman



"Desegration Case Argued at Law School; Scheduled moot court judge left for dog 'shaking like a leaf'": The Harvard Crimson today contains an article that begins, "A few hundred Harvard Law School students converged on Ames Courtroom Thursday to watch law professors direct questions toward someone else, for a change. The event was a moot court of Meredith v. Jefferson County Board of Education, a case challenging school desegregation policies that will be heard by the Supreme Court on Dec. 4."

As for who was shaking like a leaf -- a moot court judge or that moot court judge's dog -- you'll have to read the article to learn the answer.
Posted at 08:35 AM by Howard Bashman



"Synagogue to get sacred boundary; Commission approves a plan to create an eruv, or symbolic line, through Westside beach areas after ensuring rare birds will be protected": The Los Angeles Times contains this article today.
Posted at 08:28 AM by Howard Bashman


"9/11 prisoner abuse suit could be landmark; Rounded up, Muslim immigrants were beaten in jail; Such open-ended detentions and sweeps might be barred": This article appears today in The Los Angeles Times.
Posted at 08:25 AM by Howard Bashman


"Pass the eminent domain bill": The Washington Times contains this editorial today.
Posted at 08:23 AM by Howard Bashman


"Romney seeks to force gay marriage vote; Rips lawmakers, eyes bid in SJC": This article appears today in The Boston Globe.

The Boston Herald today contains an article headlined "Gov's wedding vow: Romney tries new tack to get gay marriage on ballot."

And The Republican of Springfield, Massachusetts reports that "Romney wants to revisit gay marriage."
Posted at 08:20 AM by Howard Bashman



"Supreme Court chief justice speaks at UM; John Roberts discusses life, career, politics": The current issue of The Miami Hurricane contains this article.
Posted at 08:15 AM by Howard Bashman


"New Tactic In Fighting Marriage Initiatives; Opponents Cite Effects On Straight Couples": This article appears today in The Washington Post.
Posted at 08:04 AM by Howard Bashman


"New Justices Take the Podium, Putting Personalities on Display": The Washington Post contains this article today.
Posted at 08:02 AM by Howard Bashman


"Clash of a Judge and a Small Paper Underlines the Tangled History of Defamation": This article appears today in The New York Times.
Posted at 07:55 AM by Howard Bashman


"Preferences Forever? The University of Michigan's president does her best George Wallace impersonation." John Fund has this essay online today at OpinionJournal.
Posted at 07:48 AM by Howard Bashman


"Chief Justice Roberts Advocates the Passive Virtues, Even as the Supreme Court's Docket Reveals their Subtle Vices": Michael C. Dorf has this essay online today at FindLaw.
Posted at 06:48 AM by Howard Bashman


"Blawg Review #84": Available here, at "Transcending Gender."
Posted at 06:47 AM by Howard Bashman


Sunday, November 19, 2006

"Mass. Governor Wants Gay Wedding Vote": The Associated Press provides a report that begins, "Gov. Mitt Romney said Sunday he would ask the state's highest court to order an anti-gay marriage amendment question onto the ballot if legislators fail to vote on the matter when they reconvene in January."
Posted at 07:04 PM by Howard Bashman


On the op-ed page of today's edition of The Los Angeles Times: Menachem Z. Rosensaft has an op-ed entitled "Profiting from the Holocaust: Lawyers who represent Holocaust survivors should do it for long-delayed justice rather than personal enrichment."

And Law Professor Burt Neuborne has an op-ed in response entitled "What profit? I gave up $10 million; The head lawyer in the $1.25 billion Swiss banks settlement defends his request for $4.75 million in fees."
Posted at 03:44 PM by Howard Bashman



"Thomas' suit may deliver hit to news media": Business columnist Phil Rosenthal has this essay today in The Chicago Tribune.
Posted at 03:40 PM by Howard Bashman


"Reform on Detentions: Democrats will now have the chance to curtail the Bush administration's human rights abuses." The Washington Post today contains an editorial that begins, "Earlier this fall congressional Democrats made only a token effort to stop passage of deeply flawed Bush administration legislation on the detention, interrogation and trial of "enemy combatants" in the war on terrorism."
Posted at 02:14 PM by Howard Bashman


"Bye-Bye to Secret Spy Program? Why the fate of President Bush's eavesdropping program is dangling by a thread." This article will appear in the November 27, 2006 issue of U.S. News & World Report.
Posted at 02:02 PM by Howard Bashman


"The Military: A Renewed War Over 'Don't Ask, Don't Tell.'" The November 27, 2006 issue of Newsweek will contain this Periscope item.
Posted at 02:00 PM by Howard Bashman


"Four Were Framed With The FBI's Help; $100 Million In Damages Sought": This article appears today in The Hartford Courant.
Posted at 01:55 PM by Howard Bashman


"The mellow conservative": Harvard Law Professor and former U.S. Solicitor General Charles Fried is the subject of this profile published today in the Ideas section of The Boston Globe.
Posted at 07:40 AM by Howard Bashman


"Affirmative action ban draws a challenge; Concern that U. of M. will become an all-white school for the privileged": The National Law Journal provides this report.
Posted at 07:38 AM by Howard Bashman


"Padilla Case Raises Questions About Anti-Terror Tactics; Treatment in Brig Could Hinder His Prosecution": This article appears today in The Washington Post.
Posted at 12:10 AM by Howard Bashman


Saturday, November 18, 2006

"Bush bipartisanship? President resubmits judicial nominees." This editorial appears today in The Sacramento Bee.

And Newsday yesterday published an editorial entitled "White House misjudgment: Bush offered comity, turned partisan."
Posted at 11:58 PM by Howard Bashman



"Role of White House Counsel Examined": The current issue of Virginia Law Weekly contains an article that begins, "As Deputy White House Counsel during President Bush’s first term, David G. Leitch was given the least enviable task during deliberations over appointments to the federal bench. While interviewing prospective nominees late in the process, Leitch had to 'clear the room' and commence the 'sex-drugs-and-rock-and-roll discussion.'"

I had the pleasure of visiting with Leitch -- who now works as Ford Motor Company's general counsel and senior vice president -- at the White House a while back, but for better or worse we had no sex-drugs-and-rock-and-roll discussion.
Posted at 11:28 PM by Howard Bashman



"A Somber Annual Meeting for Conservative Lawyers": In Sunday's edition of The New York Times, Neil A. Lewis will have an article that begins, "For the last 20 years, the Federalist Society, a conclave of conservative lawyers, has steadily flourished, even when there was a Democrat in the White House. But the recent election results, along with increased partisan bitterness over judicial nominations, may have given an unaccustomed jolt to members of the group, whose annual convention concluded on Saturday."
Posted at 11:20 PM by Howard Bashman


"Prospect dim for conservative judicial nominees; With a Democratic Senate, a conservative like Alito will face a struggle": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 03:45 PM by Howard Bashman


"Moot court finals rule at HLS": Harvard Law School has posted online this news release. To view online video of the 95th Annual Moot Court Final Competition, at which Associate Justice Anthony M. Kennedy of the Supreme Court of the United States, D.C. Circuit Judge Merrick B. Garland, and Fourth Circuit Judge Diana Gribbon Motz presided, click here (RealPlayer required).
Posted at 02:14 PM by Howard Bashman


"Gay Marriage Galvanizes Canada's Religious Right": This article will appear Sunday in The New York Times.
Posted at 02:04 PM by Howard Bashman


"Court: Lawsuit timeframe starts at discovery of extramarital affair; It said earlier ruling based on actual end rewarded duplicity." The Associated Press provides a report that begins, "Spouses who want to sue the lovers of their unfaithful spouses for monetary damages have up to three years after discovering the adultery to go to court, the N.C. Supreme Court ruled yesterday in overturning a lower-court decision."

You can access yesterday's ruling of the Supreme Court of North Carolina at this link. And the intermediate appellate court's ruling that yesterday's decision reversed can be accessed at this link.
Posted at 02:00 PM by Howard Bashman



"Formula for Forgiving: How Americans measure how long it takes to forgive racist comments." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:25 AM by Howard Bashman


"State builds case against clemency advocate": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "State agents have searched a San Francisco apartment for evidence that a former criminal defense investigator, working on the appeals of four death penalty cases, forged statements from jurors and others involved in the cases, Attorney General Bill Lockyer's office said Friday."
Posted at 07:35 AM by Howard Bashman


"ASU honors O'Connor at law college renaming": The Arizona Republic today contains an article that begins, "Arizona State University honored former Supreme Court Justice Sandra Day O'Connor on Friday at the renaming of the ASU College of Law in her honor."
Posted at 07:33 AM by Howard Bashman


"Pa.'s Justice Newman to step down": The Philadelphia Inquirer contains this article today.
Posted at 07:30 AM by Howard Bashman


"Court rules Raiders out of bounds; Decision may keep team from raking in $34 million it won in suit against county": This article appears today in The Oakland Tribune.

And today in The San Francisco Chronicle, Bob Egelko reports that "Appeals court tosses Raiders' jury award."
Posted at 07:25 AM by Howard Bashman



"Chief appeals judge steps down; Charles J. Kahn Jr., accused of appearing to aid a former senator, loses 'chief'": The St. Petersburg Times today contains an article that begins, "Florida's largest appellate court has quietly replaced its chief judge amid internal rancor and suggestions of political influence surrounding the bribery conviction and prison sentence of former Sen. W.D. Childers."
Posted at 07:20 AM by Howard Bashman


"Prison Term For Poisoned Mailings; Retribution Plan Proves Half-Baked": The Associated Press provides a report that begins, "A Connecticut woman picked a frightening and potentially deadly way to strike back at friends and family members who, she felt, had slighted her. Barbara Joan March sent cookies and candy laced with rat poison to Supreme Court justices and top FBI and Pentagon officials."
Posted at 07:18 AM by Howard Bashman


"A Reputation Stained: Review Council Punishes Former Chief Justice For Delaying Opinion, A First In Judicial History." Today in The Hartford Courant, Lynne Tuohy has an article that begins, "For former Chief Justice William J. Sullivan, the harshest sanction Friday wasn't a 15-day suspension for holding up the release of a controversial ruling to help a colleague succeed him as chief justice. It was the notoriety of being the first judge in the nation ever to be disciplined for holding up release of an opinion."

And The Connecticut Post today contains an article headlined "Council: Judge violated code; Sullivan guilty of ethics breach on delay of controversial decision."
Posted at 07:11 AM by Howard Bashman



"Meehan targeting 'don't ask, don't tell'": The Boston Globe today contains an article that begins, "Two leading House Democrats said yesterday that they intend to reverse the 13-year-old 'don't ask, don't tell' policy on gays and lesbians in the military when Congress comes under Democratic control in January."
Posted at 07:10 AM by Howard Bashman


"Bush's nominees for judgeships to be conservative": This article appears today in The Washington Times.

And The Washington Post today contains an article headlined "No Secrets Here: Federalist Society Plots In the Open; Conservative Legal Group Focuses on Judiciary to Come."
Posted at 06:58 AM by Howard Bashman



"U.S. Plans $125M Gitmo Legal Compound": The Associated Press provides a report that begins, "The U.S. military on Friday said it plans to build a $125 million compound at the Guantanamo Bay Naval Base where it hopes to hold war-crimes trials for terror suspects by the middle of next year."

And today in The Miami Herald, Carol Rosenberg has an article headlined "Critics assail Pentagon plan for terror trials; Guantanamo critics reacted with anger at the Pentagon's plan to build a compound for war-crimes trials, before the new rules are announced and any civilian court challenges."
Posted at 06:57 AM by Howard Bashman



"Judge’s Ruling Bars The Times From Using Sources' Information in Defense Against Suit": Today in The New York Times, Neil A. Lewis has an article that begins, "A federal magistrate judge ruled on Friday that The New York Times may not rely in any way on information its columnist, Nicholas D. Kristof, may have received from two Federal Bureau of Investigation officials in its defense of a defamation suit brought by a former government scientist."
Posted at 06:48 AM by Howard Bashman


Friday, November 17, 2006

"Court Battle Likely on Affirmative Action; Michigan Voters Approved Ban, but Opponents of the Measure Persist": This article will appear Saturday in The Washington Post.
Posted at 11:10 PM by Howard Bashman


"Altria, Reynolds Can Appeal U.S. 'Lights' Case Ruling": Bloomberg News provides this report.

And Reuters reports that "Appeals court to review light cigarette case."
Posted at 11:08 PM by Howard Bashman



Bob Egelko is reporting: In today's edition of The San Francisco Chronicle, he has articles headlined "Bonds trainer loses appeal on BALCO testimony; Contempt of court ruling upheld -- he's due back in prison" and "Imprisoned journalist denied new hearing."

In addition, a news update headlined "Appeals court throws out $34.2 million judgment for the Raiders" reports on a ruling that the California Court of Appeal for the Third Appellate District issued today.
Posted at 11:00 PM by Howard Bashman



"'Sham' Guantanamo hearings detailed; Seton Hall prof's analysis finds evidence for detainees withheld": The Associated Press provides this article about a report titled "No-Hearing Hearings: An analysis of the proceedings of the government's combatant status review tribunals at Guantanamo."
Posted at 10:57 PM by Howard Bashman


"Suing 'Borat'? High five! In one of the few U.S. traditions the movie doesn't lampoon, two students caught on tape are suing the filmmakers." The Los Angeles Times today contains this editorial.
Posted at 10:54 PM by Howard Bashman


"Man Arrested In Burglary at Site of Slaying; Prominent Lawyer Killed At Same D.C. Rowhouse": This article appears today in The Washington Post.
Posted at 10:44 PM by Howard Bashman


"Council Suspends Sullivan": From Connecticut, The AP provides a report that begins, "Former state Supreme Court Chief Justice William Sullivan was suspended for 15 days today for violating the code of judicial conduct by delaying the release of a court ruling to help a potential successor win confirmation."

And earlier today, The Connecticut Law Tribune reported that "Evidence Complete In Sullivan Hearing."
Posted at 10:38 PM by Howard Bashman



"State high court upholds Internet child-sex laws": The Associated Press provides a report that begins, "Two state laws designed to crack down on sexual predators who use the Internet to prey on children do not violate constitutional rights of free speech and interstate commerce, the Florida Supreme Court ruled Thursday."

You can access yesterday's ruling of the Supreme Court of Florida at this link.
Posted at 10:35 PM by Howard Bashman



"Child Born to Lesbian Couple Will Have 2 Mothers Listed": Yesterday's edition of The New York Times contained an article that begins, "A lesbian couple in South Jersey won court approval this week to have both of their names listed as parents on the birth certificate of their newborn, and the attorney general's office said it will no longer oppose such applications."
Posted at 10:25 PM by Howard Bashman


"Electronic Filing on Appeal: What Does the Future Hold?" The new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 10:18 PM by Howard Bashman


Back home: After two days in New York City, I arrived back home a bit earlier tonight.

The CLE conference had an interesting and eclectic mix of presenters, and those in attendance asked some great questions during my two speaking appearances.

I had the pleasure of having dinner with PG of the "De Novo" blog last night at Gennaro, and she's as wonderful in person as you'd expect from her blog posts.

Today, I had the pleasure of meeting Joe Goldstein of The New York Sun for breakfast, and Adam Liptak made it back from his speaking appearance yesterday in Detroit in time to host me for a cup of coffee this afternoon at the headquarters of The New York Times.
Posted at 09:03 PM by Howard Bashman



"Countless commercial e-mail messages, known colloquially as 'spam,' pass through the Internet every day, inspiring frustration, countermeasures, and -- as here -- lawsuits." The U.S. Court of Appeals for the Fourth Circuit today issued a decision applying the federal CAN-SPAM Act. According to today's ruling, "The CAN-SPAM Act addresses 'spam' as a serious and pervasive problem, but it does not impose liability at the mere drop of a hat."
Posted at 08:52 PM by Howard Bashman


"Just the Facts, Please": In the November 20, 2006 issue of CQ Weekly, columnist Kenneth Jost has an essay that begins, "Everybody's entitled to his opinion, it is said, but not to his own facts. Congress, however, decided to make up its facts when it wrote a law in 2003 banning a procedure that opponents call 'partial-birth abortion.'"
Posted at 08:37 PM by Howard Bashman


"Justice Newman Stepping Down; Pennsylvania's first woman justice to head big firm appellate practice": This article will appear in Monday's issue of Pennsylvania Law Weekly.

The Philadelphia Inquirer provides a news update headlined "Newman to step down from Pa. Supreme Court."

And The Associated Press reports that "Justice Sandra Schultz Newman to resign from Pa. Supreme Court."
Posted at 08:33 PM by Howard Bashman



"Retired Supreme Court justice lectures on equality": The Oxford (Ohio) Press yesterday published an article that begins, "When retired Supreme Court Justice Sandra Day O'Connor was a young girl living on an Arizona cattle ranch, she never thought a woman would be considered for president in her lifetime." (Via "Discriminations").

In other coverage, The Cincinnati Enquirer on Wednesday reported that "O'Connor maintains courtly manner."

And The Palladium-Item of Richmond, Indiana has posted online an mp3 file of the question and answer session with Justice O'Connor Tuesday evening at Miami University of Ohio.

In more recent coverage, The Associated Press reports today that "O'Connor says schools need to teach more civics."

And Arizona State University has today issued a news release entitled "College of Law lauds namesake with ceremony."
Posted at 08:27 PM by Howard Bashman



"LR appellate judge in St. Louis hospital; Condition satisfactory after heart attack": The Arkansas Democrat-Gazette today contains an article that begins, "Morris S. Arnold of Little Rock was hospitalized Wednesday night in St. Louis, where he is a judge on the 8th U.S. Circuit Court of Appeals, after having a heart attack. Arnold, 65, officially took senior status less than a month ago. That designation reduces his caseload while he continues to serve on the court that hears appeals from federal courts in seven states including Arkansas." The article goes on to report that Judge Arnold was "feeling fine" and is scheduled to be discharged from the hospital on Saturday.

My wife and I had the pleasure of visiting with "Buzz" Arnold in Brainerd, Minnesota this summer, and we both found him to be a delight. He has our best wishes for a speedy and complete recovery.
Posted at 08:14 PM by Howard Bashman



"O'Connor details half-baked attempt to kill Supreme Court": CNN.com provides this report.
Posted at 08:00 PM by Howard Bashman


"Interview With Chief Justice Roberts": ABC News has posted online at this link the complete transcript of Jan Crawford Greenburg's conversation Monday evening with Chief Justice John G. Roberts, Jr. My earlier coverage appeared here and here.
Posted at 01:28 PM by Howard Bashman


"Circuit Breaker: The High Court vs. Death Penalty Foolishness." Yesterday in The Washington Post, columnist George F. Will had an op-ed that begins, "There should be two Supreme Courts, one to reverse the U.S. Court of Appeals for the 9th Circuit, the other to hear all other cases."
Posted at 06:33 AM by Howard Bashman


Programming note: I'll be presenting at a blog law continuing legal education conference today in New York City. Because the CLE venue doesn't offer wireless internet access, additional posts may not appear online here until tonight.
Posted at 06:28 AM by Howard Bashman


"Jailed Freelance Journalist Loses Request for Rehearing": The New York Times today contains an article that begins, "A federal appeals court has denied a request for a rehearing from a freelance video journalist and blogger who has been jailed for three months for refusing to cooperate with a grand jury investigation of a violent anticapitalist protest."
Posted at 06:25 AM by Howard Bashman


"Justice Recalls Treats Laced With Poison": Linda Greenhouse has this article today in The New York Times. My earlier coverage appears at this link.
Posted at 06:20 AM by Howard Bashman


"Alito Urges Judges to Show Restraint": The Associated Press provides this report.
Posted at 06:17 AM by Howard Bashman


"By Process of Intimidation: A portrait of Jesus and a lawsuit." Dimitri Cavalli has this essay today in The Wall Street Journal.
Posted at 06:14 AM by Howard Bashman


The New York Sun is reporting: Joseph Goldstein today has an article headlined "Death Penalty May Be Revived By High Court" that begins, "When New York's highest court decides an appeal of the state's remaining death sentence case next year, the judges may show little allegiance to the court's landmark 2004 decision striking down the death penalty, legal observers say."

And Josh Gerstein has an article headlined "U.S. Lawyers: Libby May Have Disclosed Iraq Secrets."
Posted at 06:08 AM by Howard Bashman



In commentary available online at FindLaw: John W. Dean has an essay entitled "The President's Decision to Resubmit Five Highly Controversial Judicial Nominees: Why It's a Mistake, and How to Fix the Broken Confirmation Process."

And Carl Tobias has an essay entitled "Are The Federal Courts In Republican Sights In What Remains of the 109th Congress? Handicapping The Judiciary In The Lame Duck Session."
Posted at 06:05 AM by Howard Bashman



Thursday, November 16, 2006

"The wrong egg: When a fertility clinic mistakenly placed a client's sperm in the wrong woman, the man sued for the right to be called the baby's father; Trouble is, the law says he's nobody's daddy." Salon.com provides this report.
Posted at 10:50 PM by Howard Bashman


"Michigan's Controversial Proposition 2, Eliminating Affirmative Action Programs in the State: A Good Example of Popular Constitutionalism?" Scott Gerber has this essay online today at FindLaw.
Posted at 10:45 PM by Howard Bashman


"Backers want Bush to stick to conservative judicial nominees": The Fort Worth Star-Telegram provides this report.

McClatchy Newspapers report that "Bush sends Congress a partisan agenda."

And The New York Times on Friday will contain an editorial entitled "Still Waiting for Bipartisanship" that begins, "The voters sent a clear message last week that they do not want the far right of the Republican Party calling the shots in Washington. But President Bush has ignored the message, resubmitting a group of archconservative, underqualified judicial nominees that Senate Democrats have already said are unacceptable."
Posted at 10:35 PM by Howard Bashman



Available online from law.com: An article reports that "Special Interest Cash Hits a Wall in Judicial Elections; Business groups spent millions on judicial races, but with little effect."

Henry Gottlieb reports that "New Jersey Backs Super/Best Lawyer Ad Ban but Hints at Flexibility in Application."

And in other news, "Oral Agreement Could Supersede Ski Resort's Release Form." My earlier coverage appears at this link.
Posted at 10:20 PM by Howard Bashman



"Court denies appeal copied from inmate's letter; Condemned man's death-penalty writ was featured prominently in Statesman review of legal system": Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 10:11 PM by Howard Bashman


"Appeals court weighs dispute between religious sect, Duchesne": The Salt Lake Tribune today contains an article that begins, "The ongoing legal battle between the Summum Church and Duchesne over the city's refusal to allow the Salt Lake City-based faith's principles to be displayed alongside a Ten Commandments monolith landed before a federal appeals court on Wednesday."

And The Deseret News reports today that "City-monument fight resumes" (via "Religion Clause").

Unlike the religion that produced the Ten Commandments, Summum is a religion that would have refused to smite Onan, as explained in this earlier "How Appealing" post from July 2002.
Posted at 10:08 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Woman Appeals Sex Suit vs. James Brown" and "Woman Wins Religious Discrimination Case."
Posted at 09:52 PM by Howard Bashman


Oh deer! The Daily Telegram of Superior, Wisconsin reported yesterday that "Case presents unprecedented challenge" (via "Obscure Store"). The article begins, "Prosecution of a Douglas County case involving alleged sexual contact with a dead deer may hinge on the legal definition of the word 'animal.'"
Posted at 09:45 PM by Howard Bashman


"Judge rips Supermax as a 'gulag' ; Court: Prison's treatment, punishment were cruel." This article appeared yesterday in The Capital Times of Madison, Wisconsin (via "Althouse"). My earlier coverage appears at this link.
Posted at 09:33 PM by Howard Bashman


"Court in Denver to rule on gay adoption; Oklahoma is appealing the voiding of a law that bars recognition of adoptions by same-sex couples": The Denver Post today contains this article about an appeal pending before the U.S. Court of Appeals for the Tenth Circuit.
Posted at 09:20 PM by Howard Bashman


Today's Third Circuit ruling of note: The U.S. Court of Appeals for the Third Circuit today issued a non-precedential opinion deciding the appeal that I argued on September 26, 2006. My client, a corporate plaintiff-appellant against which summary judgment had been entered in the district court, obtained a reversal on the central issue presented in the case.

As a testament to this age of electronic filing, first word of the ruling came when the Third Circuit's judgment was posted to the U.S. District Court for the District of New Jersey's docket at 12:51 p.m. The Third Circuit itself did not post the decision online until shortly after 3:30 p.m.
Posted at 05:20 PM by Howard Bashman



"Sitting ducks on the bench": Today in The Fort Worth Star-Telegram, columnist Linda P. Campbell has an essay that begins, "As a Supreme Court justice, Sandra Day O'Connor exasperated critics by balancing on a reed-thin beam without planting her feet firmly on either side. But in retirement, she doesn't equivocate in defense of judicial independence. She has crossed the country warning that 'spurious' attacks on the judiciary -- by politicians and other talking heads -- threaten judges' doing their jobs without fear or favor."
Posted at 01:44 PM by Howard Bashman


"Plaintiff-appellant Teresa Anne Henderson brings suit alleging she was subjected to sexual harassment by her high school soccer coach." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today. The ruling affirms the grant of summary judgment in favor of the school district and school administration defendants, while describing the soccer coach as "a troubled man who said and did bad things that undoubtedly caused harmful stress in plaintiff Teresa Henderson's young life."
Posted at 10:57 AM by Howard Bashman


"Texas Court Ruling Rebuffs Bush and World Court": Adam Liptak has this article today in The New York Times.

And The San Antonio Express-News reports today that "Court in Texas says Bush wrong on Mexican cases."

My earlier coverage appears at this link.
Posted at 10:48 AM by Howard Bashman



"Bush revives stalled judicial nominations; Six of his conservative judicial picks return, angering Democrats": David G. Savage has this article today in The Los Angeles Times.

The Washington Post reports today that "Bush Renominates Judicial Picks; Fight With Senate Democrats Over Blocked Candidates Appears Likely."

And The Washington Times reports that "Bush resubmits 6 for judgeships."
Posted at 10:40 AM by Howard Bashman



No live-blogging of today's law blogging CLE conference: To my surprise, there's no web access from the CLE venue. As a result, I couldn't live-blog Jeff Jarvis's interesting talk from earlier this morning. Jeff, of course, is the author of the "BuzzMachine" blog.
Posted at 10:33 AM by Howard Bashman


Wednesday, November 15, 2006

Programming note: Very early Thursday morning, I'll be traveling from my home in the suburbs northwest of Philadelphia to Times Square in New York City to participate in a two-day continuing legal education seminar titled "Blog Law: Legal issues, liabilities, and new opportunities." If all goes as planned, I'll arrive at the CLE seminar before it gets underway at 8:30 a.m. I'm scheduled to be one of the presenters on Friday morning.

Also on the agenda: dinner Thursday night with PG of the "De Novo" blog; and breakfast Friday morning with Joe Goldstein of The New York Sun.

I look forward to meeting my fellow faculty members (listed on page 4 of the CLE seminar's brochure) and also to visiting with any fans of "How Appealing" who happen to be in attendance.

I anticipate that a blog law CLE seminar will take place at a venue that offers wireless internet access. If that is indeed the case, additional entries will appear here on Thursday morning.
Posted at 11:25 PM by Howard Bashman



"Bush to Put Nominations Back on Table": In Thursday's issue of The New York Times, Neil A. Lewis will have an article that begins, "White House officials said Wednesday that President Bush would renominate six of his earlier choices to sit on the federal appeals court, leaving Democratic senators and other analysts to ponder what message he is sending. At least four of the nominations have been declared dead on arrival in the Senate by Democrats who have consistently opposed them as unacceptable."
Posted at 11:14 PM by Howard Bashman


Legal Times has revamped its web page focusing on coverage of the U.S. Supreme Court: You can access the redesigned web page at this link. One of the new features is Tony Mauro's "Recusal Report" (free access), examining the likely reasons why Justices have chosen to recuse from specific cases.
Posted at 11:10 PM by Howard Bashman


"Bush again puts forward controversial judge picks; 4th Circuit nominees blocked earlier given slim hope for approval": This article will appear Thursday in The Richmond Times-Dispatch.
Posted at 10:15 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Texas appeals court rejects treaty violation argument" and "Judges express skepticism about abortion law infringing on speech."
Posted at 09:44 PM by Howard Bashman


"Dominick's Dunne it again, Condit says in defame suit": This article appears today in The New York Daily News.

And McClatchy Newspapers report that "Condit again accuses author of defamation."
Posted at 08:00 PM by Howard Bashman



"Bush Resubmits Six U.S. Appellate Court Nominees": Bloomberg News provides this report.

And the official White House announcement is at this link.
Posted at 07:55 PM by Howard Bashman



"US argues harsh treatment shouldn't undercut Padilla case": Warren Richey will have this article Thursday in The Christian Science Monitor.
Posted at 06:00 PM by Howard Bashman


"White House Resubmits 6 Court Nominees": The Associated Press provides a report that begins, "The Bush administration, trying to push through judicial nominations before Republicans lose control of the Senate, on Wednesday resubmitted the names of six nominees who Democrats say are too conservative for the federal bench."
Posted at 05:45 PM by Howard Bashman


In commentary from CBS News legal analyst Andrew Cohen: In yesterday's edition of The Los Angeles Times, he had an op-ed entitled "The pledge's refuge for scoundrels: Orange County kerfuffle aside, the Pledge of Allegiance comes with a long history of persecution." My earlier coverage appears at this link.

And online at CBSNews.com, he has an essay entitled "Feds Want To Keep Torture A Secret: Administration Wants 'Interrogation Methods' Kept Secret From Suspects' Lawyers."
Posted at 05:35 PM by Howard Bashman



"Bush Wiretapping Program Violates Federal Laws and the Constitution, Says ACLU": The ACLU yesterday issued a press release that begins, "The American Civil Liberties Union and the ACLU of Michigan today urged a federal appeals court to uphold a lower court ruling declaring the government's warrantless National Security Agency wiretapping program illegal, calling the government's assertion of unchecked spying powers 'radical' and a threat to American democracy."

You can access the Brief for Appellees filed in the NSA wiretapping appeal, pending before the U.S. Court of Appeals for the Sixth Circuit, by clicking here.
Posted at 05:32 PM by Howard Bashman



"Oral Agreement Could Supersede Ski Resort's Release Form": The Legal Intelligencer provides this news update (free access) reporting on a ruling that the Superior Court of Pennsylvania issued on Monday.
Posted at 05:27 PM by Howard Bashman


In re federal appellate judicial renominations: The "Committee for Justice Blog" reports here today that the White House will be renominating six federal appellate nominees whose nominations were returned due to lack of unanimous consent when the U.S. Senate last adjourned. And WSJ.com's "Washington Wire" blog reports similar news in a post titled "One More Time for Judicial Nominees." No announcement of the renominations yet appears on the news release page of the White House's web site.

In response to the renominations, Senate Judiciary Committee chair-to-be Patrick J. Leahy (D-VT) has today issued a statement that begins, "Barely a week after the President promised to change course by working in a bipartisan and cooperative way with Congress, it is disappointing that he has decided to 'stay the course' on judicial nominees by renominating a slate of his most controversial past choices."
Posted at 04:58 PM by Howard Bashman



Access online the audio of today's oral argument before the Supreme Court of Missouri in a case challenging the constitutional validity of a state law that prohibits assisting minors in obtaining abortions without parental consent: Via a post at Missourinet.com titled "Supreme Court Hears Abortion Law Challenge," you can download an mp3 file consisting of the audio of today's oral argument.
Posted at 03:55 PM by Howard Bashman


"Court of Appeals Officially Welcomes Newest Judges": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued a news release that begins, "Judges of the United States Court of Appeals for the Ninth Circuit officially welcomed their two newest colleagues earlier this month. Investiture ceremonies for Judge Sandra Segal Ikuta and Judge Milan D. Smith, Jr., were held on November 6 and 10, respectively, at the Richard H. Chambers U.S. Court of Appeals Building in Pasadena. Both judges came onto the bench last summer and currently maintain chambers in Pasadena."
Posted at 03:04 PM by Howard Bashman


"Mixing Law With Politics: Chief Justice John Roberts explains why he opposes elections for federal judgeships." FOXNews.com provides this video report (Windows Media Player required).
Posted at 03:02 PM by Howard Bashman


"Political motives suspected as jobs on bench go unfilled": The Seattle Times today contains an article that begins, "Despite a process designed to keep politics out of judicial selections, some in the local legal community are wondering whether politics is behind a delay by the White House in filling two vacancies on the U.S. District Court in Western Washington. A seat on the federal bench in Tacoma has been open since March 2005, and a seat on the federal bench in Seattle opened in July."
Posted at 02:54 PM by Howard Bashman


"Texas court rebuffs President on treaty powers": At "SCOTUSblog," Lyle Denniston has a post that begins, "In a sharp rebuff of a claim of presidential power, Texas' highest state criminal court ruled on Wednesday that President Bush did not have the constitutional authority to tell state courts to apply a decision of the World Court on the rights of foreign nationals arrested and prosecuted in the U.S."

My coverage from earlier today can be accessed here.
Posted at 02:28 PM by Howard Bashman



"Superior Court rejects Einhorn's appeal of murder conviction": The Associated Press provides a report that begins, "A former hippie guru convicted in 2002 of killing his girlfriend a quarter century earlier lost his appeal to a state court. A three-judge Superior Court panel rejected all 10 issues raised by Ira Einhorn, 66, who is serving life in prison without parole for the murder of girlfriend Holly Maddux of Tyler, Texas."

You can access yesterday's ruling of the Superior Court of Pennsylvania at this link.
Posted at 12:35 PM by Howard Bashman



"Justice Kennedy bobbleheads are here!" So proclaims the home page of The Green Bag's web site.

And to remove all doubt, one is even up for auction online at eBay, where the current bid is a mere one dollar. Another Justice Kennedy bobblehead is also up for auction at eBay, with a minimum bid of $300.00.

Meanwhile, for those who'd prefer to bid on a Justice Stevens bobblehead, you too are in luck.
Posted at 12:27 PM by Howard Bashman



"Wu-Hoo! Nutty Professor Is Voice of a Generation." Anna Schneider-Mayerson has this profile of Law Professor Tim Wu in the November 20, 2006 issue of The New York Observer.

Update: Via this post from Orin Kerr at "The Volokh Conspiracy," I see that you can access the YouTube video referenced in The NYO profile by clicking here.
Posted at 11:55 AM by Howard Bashman



Texas Court of Criminal Appeals, that State's highest court in criminal cases, holds that President Bush was powerless to force the Texas judiciary to disregard its rules of procedural default to consider on the merits a Mexican death row inmate's Article 36 Vienna Convention claim: The Texas Court of Criminal Appeals today issued its ruling in Ex Parte Jose Ernesto Medellin. The ruling consists of a lead opinion and four separate concurring opinions. You can access the lead opinion at this link, while the concurring opinions can be accessed here, here, here, and here.

This case was previously considered on the merits by the Supreme Court of the United States. On May 23, 2005, the Court issued a 5-4 per curiam decision in which the majority opinion concluded:

In light of the possibility that the Texas courts will provide Medellin with the review he seeks pursuant to the Avena judgment and the President's memorandum, and the potential for review in this Court once the Texas courts have heard and decided Medellin's pending action, we think it would be unwise to reach and resolve the multiple hindrances to dispositive answers to the questions here presented. Accordingly, we dismiss the writ as improvidently granted.
In coverage of that ruling, Linda Greenhouse of The New York Times reported that "Supreme Court Drops Case Ruled on by World Court." And Charles Lane of The Washington Post reported that "High Court Rejects Case of Mexican Death Row Inmate."

Now, the possibility of state court review on which the U.S. Supreme Court's majority relied in dismissing the writ as improvidently granted does not appear to have been achieved.

In earlier press coverage, Charles Lane of The Washington Post reported in March 2005 that "Texas Accuses Bush of Trampling Its Autonomy in Death Penalty Case." And Linda Greenhouse of The New York Times reported in March 2005 that "Bush Decision to Comply With World Court Complicates Case of Mexican on Death Row."
Posted at 11:35 AM by Howard Bashman



"Exultant Chuck Says He'll Veto the Next Alito; New King of Washington Promises Moderate Court": The November 20, 2006 issue of The New York Observer contains an article that begins, "More than the inability to influence Iraq policy or the President's tax cuts, Chuck Schumer says that the single greatest failure of the Democrats as an opposition party was allowing Samuel Alito to join the Supreme Court."
Posted at 10:52 AM by Howard Bashman


Two newly-elected Democratic Senators are slated to join the Senate Judiciary Committee: According to this news release, Senators-elect Ben Cardin (D-MD) and Sheldon Whitehouse (D-RI) will be joining the committee.

On the Republican side, Senator Mike DeWine (R-OH) lost his reelection bid, so he will definitely be off the committee. One additional current Republican member of the committee will also be gone in January 2007 if the committee keeps its current 10 majority-8 minority division.

Update: A reader who's in-the-know, pointing to this article published today in Roll Call, says that the new division on the Judiciary Committee will be 10 Democrats and 9 Republicans, meaning that other than with respect to Senator DeWine, the remaining current Republican members of the committee are likely to continue serving on the committee.
Posted at 10:48 AM by Howard Bashman



"Exit Strategy: Will Pentagon GC Follow Rumsfeld Out the Door?" law.com provides a report that begins, "In the wake of Donald Rumsfeld's resignation as secretary of defense last week, the rumor mill is churning about the future of William Haynes II, the Pentagon's general counsel."
Posted at 10:38 AM by Howard Bashman


"Senate Dems wield more power over judge picks": Ana Radelat of The Clarion-Ledger of Jackson, Mississippi provides a report that begins, "The Democratic takeover of the Senate has derailed President Bush's efforts to put conservative judges on the federal bench and dooms the nomination of lawyer Michael Wallace for a federal appeals court seat, analysts say."

And the Texas Lawyer reported on Monday that "Election Results Could Temper Bush's 5th Circuit Picks" (via "Above the Law").
Posted at 10:35 AM by Howard Bashman



"Missouri Court Hears Case on Abortion and Parental Consent": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

Update: Via the Supreme Court of Missouri's web site, you can access at this link (scroll down) a summary of the case and electronic copies of the appellate briefs filed with that court in the case.
Posted at 09:05 AM by Howard Bashman



"Judge wins $7 million in libel trial; Chief justice says Kane paper hurt his job prospects": This article appears today in The Chicago Tribune.

The Chicago Sun-Times reports today that "Top judge gets $7 mil.; Jury rules paper, columnist must pay in libel case."

The Daily Herald of Arlington Heights, Illinois contains an article headlined "Why a jury gave chief justice $7 million: Judge wins libel lawsuit against newspaper."

The Kane County Chronicle reports that "Judge wins $7 million verdict."

And The New York Times reports that "Jury Finds That Columnist Acted With Malice and Awards Judge $7 Million."
Posted at 08:55 AM by Howard Bashman



"The battle over same-sex marriage: Lockyer won't oppose review; State's high court likely to take case." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "State Attorney General Bill Lockyer's office, which successfully defended California's ban on same-sex marriage in an appellate court, said Tuesday it won't oppose gay rights advocates' requests that the state Supreme Court review the case."
Posted at 08:37 AM by Howard Bashman


"Alcorn State men's basketball team arrived at BankUnited Center early Tuesday and posed for photos with visiting U.S. Supreme Court Chief Justice John Roberts." So begins this article published today in The Miami Herald.
Posted at 08:35 AM by Howard Bashman


"Bring the Cuban terrorist to justice: The U.S. must not release a man accused of blowing up a Cuban jetliner; A third-party country could be the answer." The Los Angeles Times today contains an editorial that begins, "It is time to bring Cuban terrorist Luis Posada Carriles to justice. Dithering on the part of the U.S. is leaving the nation open to charges of hypocrisy in the war on terror -- specifically, to the charge that some forms of terrorism are more acceptable than others."
Posted at 08:32 AM by Howard Bashman


"Anti-Asian bias alleged; Princeton faces suit from Univ. freshman": The Yale Daily News today contains an article that begins, "A Yale freshman has filed a civil rights complaint against Princeton University, alleging that the college did not accept his application for enrollment last spring because he is Asian-American."

And on Monday, The Daily Princetonian reported that "Rejected applicant alleges bias against Asians."
Posted at 08:24 AM by Howard Bashman



"Justice Kennedy Presides at Law School; Law students face Supreme Court justice in Moot Trial Competition": This article appears today in The Harvard Crimson.
Posted at 08:20 AM by Howard Bashman


"Democracy and same-sex marriage": Jeff Jacoby has this op-ed today in The Boston Globe.
Posted at 08:18 AM by Howard Bashman


"Justice Department's Brief On Detention Policy Draws Ire; Critics Say Law Could Allow Indefinite Jail Terms": The Washington Post today contains an article that begins, "Critics of U.S. detention policies warned yesterday that a brief legal document filed by the Justice Department this week raises the possibility that any of the millions of immigrants living in the United States could be subject to indefinite detention if they are accused of ties to terrorist groups."

You can access the brief online via Lyle Denniston's post at "SCOTUSblog" titled "Another front on detainees' rights."
Posted at 08:07 AM by Howard Bashman



"C.I.A. Tells of Bush's Directive on the Handling of Detainees": This article appears today in The New York Times, along with an article headlined "12 Detainees Sue Rumsfeld in Germany, Citing Abuse" and an editorial entitled "Spin and Consequences."
Posted at 08:03 AM by Howard Bashman


"Voters Back Limits on Eminent Domain": The New York Times contains this article today.
Posted at 07:58 AM by Howard Bashman


"'This Is Not a Cold Case,' F.B.I. Says 5 Years After Prosecutor’s Killing": This article appears today in The New York Times. My most recent earlier coverage can be accessed here.
Posted at 07:48 AM by Howard Bashman


"Ruling: Illegals May Sue for Wages at U.S. Levels." Joseph Goldstein has this article today in The New York Sun. My earlier coverage appears at this link.
Posted at 07:37 AM by Howard Bashman


"A Maryland State Court Rules that Women May Not Withdraw Consent After Penetration: The Perils of Relying on History." Sherry F. Colb has this essay online today at FindLaw.
Posted at 06:49 AM by Howard Bashman


"SuperMax prison is super lax, court cases allege": CNN.com provides this report.
Posted at 06:48 AM by Howard Bashman


Tuesday, November 14, 2006

"The Big Lie of Diversity: Elite audacity and the MCRI." Peter Kirsanow has this essay today at National Review Online.
Posted at 08:44 PM by Howard Bashman


Tenth Circuit affirms rejection of police officer's qualified immunity defense in case arising from unauthorized release to the news media of a video depicting the plaintiff allegedly being raped: According to the opinion issued today, the plaintiff alleged that the police officer received from the plaintiff a videotape showing the plaintiff being raped while unconscious, assured the plaintiff that the videotape would remain private, but then allowed a television station to copy portions of the tape that were later broadcast on a news segment.

In earlier coverage of the case, you can access online a report headlined "Video clips of alleged rape are not invasion of privacy; A television station that aired portions of a videotape of an alleged rape did not invade the victim's privacy, a federal district court ruled."
Posted at 08:20 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Panel Weighs Equity of Crack, Cocaine Sentences" and "'Borat' Faces Legal Challenges on Public Releases" (RealPlayer required).
Posted at 07:25 PM by Howard Bashman


"The High Court Goes Courting: Supreme Court justices talk to the media in self-defense." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:18 PM by Howard Bashman


"Tug of war over Ressam's sentence: Terrorist's 22-year term too low or too high? Judges hear arguments." This article appears today in The Seattle Post-Intelligencer.

And The Seattle Times reports today that "Justice Department argues for tougher sentence for Ressam."

You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit via this link (Windows Media format).
Posted at 07:05 PM by Howard Bashman



"Cheney Asks Judge to Toss CIA Leak Suit": The Associated Press provides this report.
Posted at 06:05 PM by Howard Bashman


"Indiana Supreme Court loses case on allowing judicial candidates to express views": "The Indiana Law Blog" offers this post and provides access at this link to today's ruling of the U.S. District Court for the Northern District of Indiana.
Posted at 05:25 PM by Howard Bashman


Second Circuit holds that federal Immigration Reform and Control Act does not preempt New York's "scaffold law," which entitles an illegal alien employee to recover for losses suffered on account of an employer's failure adequately to maintain safe working conditions: You can access today's lengthy ruling, in a case argued eighteen months ago, at this link.
Posted at 04:55 PM by Howard Bashman


"Jury awards $7 million to justice in libel suit": The Chicago Tribune provides a news update that begins, "A jury today awarded a sitting Illinois Supreme Court justice $7 million in his defamation case against a small Kane County newspaper. After listening to two weeks of testimony, the jury took less than a day to return a verdict in the libel trial involving Chief Justice Robert Thomas and the Kane County Chronicle."

The Chicago Sun-Times provides a news update headlined "Ill. High Court chief justice awarded $7 mil. in libel suit."

The Daily Herald of Arlington Heights, Illinois provides a news update headlined "Jury awards Thomas $7 million in libel suit against Chronicle."

And The Associated Press reports that "Jury Awards $7M in Illinois Libel Case."

On Sunday, I collected at this link additional recent coverage of the trial.

You can access the official bio of the prevailing plaintiff at this link, while a video featuring the Chief Justice of Illinois can be launched by clicking here (Windows Media format). The newspaper defendant is The Kane County Chronicle, whose web site you can access here.
Posted at 04:33 PM by Howard Bashman



"The Committee returns during the lame duck session of Congress for a hearing today on the nomination of Judge Thomas M. Hardiman to an important seat on the U.S. Court of Appeals for the Third Circuit." So begins a statement that Senate Judiciary Committee Ranking Democratic Member Patrick J. Leahy (D-VT) issued today.
Posted at 04:25 PM by Howard Bashman


"The Constitutionality of Federal Taxes and Federal Tax Provisions": Law Professor Joseph M. Dodge has posted this article (abstract with links for download) online at SSRN (via "Legal Theory Blog"). The article includes a critique of the D.C. Circuit's recent ruling in Murphy v. IRS (my initial post on that ruling can be accessed here), in which that federal appellate court is currently considering whether to grant rehearing en banc.
Posted at 04:00 PM by Howard Bashman


"Judge Says Crack Sentencing Goes Too Far": The Associated Press provides a report that begins, "A federal judge who served as a top drug policy adviser to the first President Bush and advocated harsher penalties for crack cocaine crimes said Tuesday the policy had gone too far and was undermining faith in the judicial system."
Posted at 03:32 PM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Day to Day" included an audio segment entitled "Rare Interview Sheds Light on Chief Justice" featuring Dahlia Lithwick.

And today's broadcast of "Morning Edition" contained an audio segment entitled "Government Rejects Suspected Terrorist's Speedy Trial Claim."

RealPlayer is required to launch these audio segments.
Posted at 03:00 PM by Howard Bashman



"Gay Vets Appeal 'Don't Ask, Don't Tell'": The Associated Press provides a report that begins, "Twelve gay and lesbian veterans appealed a federal judge's decision to throw out a lawsuit challenging the military's 'don't ask, don't tell' policy."

And the Servicemembers Legal Defense Network yesterday issued a press release titled "Lesbian & Gay Military Veterans Appeal District Court Ruling on 'Don't Ask, Don't Tell.'" You can access at this link the Brief for Appellants filed yesterday in the U.S. Court of Appeals for the First Circuit.
Posted at 02:45 PM by Howard Bashman



"Cops' actions bring jury award; Tacoma hit with $138,000 in damages after police violated woman's rights": The News Tribune of Tacoma, Washington in March 2005 published an article that begins, "Five years ago, three Tacoma police officers broke into Susan Frunz's home, pointed a gun in her face, ordered her to the floor, asked her who she was, told her to shut up, handcuffed her and searched the house. They didn't have a warrant. They didn't arrest her. After more than an hour, they left and didn't file an incident report. Thursday, a jury in federal court awarded Frunz $138,000 in damages, agreeing that the officers had violated her rights and used excessive force against her Nov. 18, 2000."

Late yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision affirming the judgment. Circuit Judge Alex Kozinski wrote the opinion. The final footnote of the opinion orders the appellants and their counsel -- several Tacoma, Washington police officers and the Tacoma City Attorney's Office -- to show cause why they should not be sanctioned for having filed a frivolous appeal.

Update: I have amended the final sentence of the original post, above, to reflect that the City of Tacoma and its Police Department were not named as defendants in plaintiff's amended complaint.
Posted at 01:15 PM by Howard Bashman



Seventh Circuit reinstates prisoner's Eighth Amendment constituted cruel and unusual punishment claim challenging the conditions in Wisconsin's Supermax prison's "behavioral modification program": Today's opinion, written by Circuit Judge Terence T. Evans on behalf of a unanimous three-judge panel, begins:
Stripped naked in a small prison cell with nothing except a toilet; forced to sleep on a concrete floor or slab; denied any human contact; fed nothing but "nutri-loaf"; and given just a modicum of toilet paper--four squares--only a few times. Although this might sound like a stay at a Soviet gulag in the 1930s, it is, according to the claims in this case, Wisconsin in 2002. Whether these conditions are, as a matter of law, only "uncomfortable, but not unconstitutional" as the State contends, is the issue we consider in this case.
You can access the complete decision at this link.
Posted at 01:10 PM by Howard Bashman


"Gay-rights backers appeal to top court; Advocates: State's ban on same-sex marriage not in line with Constitution." Josh Richman has this article today in The Oakland Tribune.

Today in The San Francisco Chronicle, Bob Egelko reports that "Marriage case sent to top state court."

And David Kravets of The Associated Press reports that "San Francisco Appeals Gay Marriage Order."
Posted at 12:45 PM by Howard Bashman



D.C. Circuit rejects challenge to Weldon Amendment -- a federal law prohibiting recipients of federal grant funds from discriminating against individuals or entities that refuse to provide or refer for abortions -- due to the plaintiff's lack of standing: You can access today's ruling at this link.
Posted at 12:37 PM by Howard Bashman


"Bush facing Senate barrier to judges": This article appeared yesterday in Newsday.

And Bloomberg News provides a report headlined "Bush's Power to Shape Judiciary 'Over' Because of Election Loss."
Posted at 12:32 PM by Howard Bashman



"Chief Justice Roberts inspires UM students; The chief justice of the U.S. Supreme Court shared some behind-the-scenes details with about 3,000 students and guests at the University of Miami": This article appears today in The Miami Herald.

You can access video from last night's broadcast of the ABC News program "Nightline" by clicking here.
Posted at 07:45 AM by Howard Bashman



"Justices Uphold a Death Sentence Twice Overturned": Linda Greenhouse has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "Justices reinstate California killer's death sentence; The reversal marks the latest clash between the Supreme Court and the more liberal 9th Circuit Court of Appeals."

And Bob Egelko of The San Francisco Chronicle reports that "Justices reinstate man's death sentence; Judge didn't stop jury from weighing good behavior, ruling says."
Posted at 07:42 AM by Howard Bashman



"High Court Rebuffs Skakel": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 07:38 AM by Howard Bashman


"Looking Back on Louis Brandeis on His 150th Birthday": Adam Cohen has this Editorial Observer essay today in The New York Times.
Posted at 07:33 AM by Howard Bashman


"Justices to weigh school diversity; Cases test whether enrollment policies violate Constitution": Joan Biskupic has this article today in USA Today.
Posted at 06:48 AM by Howard Bashman


"U.S.Lawyers Deny Padilla Was Tortured": Josh Gerstein has this article today in The New York Sun.
Posted at 06:47 AM by Howard Bashman


"The Supreme Court Considers Procedural Technicalities That Perpetuate the Gender Wage Gap: Part One in A Series on Ledbetter v. Goodyear." Joanna Grossman and Deborah Brake have this essay online today at FindLaw.
Posted at 06:45 AM by Howard Bashman


Monday, November 13, 2006

"Study highlights amount of porn on Web": The San Jose Mercury News provides a news update that begins, "A confidential analysis of Internet search queries and a random sample of Web pages taken from Google and Micrsoft's giant Internet indices showed that only about 1 percent of all Web pages contain sexually explicit material. The analysis was presented during a federal court hearing last week in Philadelphia in a suit brought by the American Civil Liberties Union against Attorney General Alberto Gonzales and obtained on Monday by the Mercury News."
Posted at 10:54 PM by Howard Bashman


"Will Tort Reform Fade as New Priorities Emerge for Congress? Democrats to head judiciary panels." Marcia Coyle of law.com provides this report.
Posted at 10:50 PM by Howard Bashman


"Roberts Says High Court Not About 'Political Preferences'; Chief Justice Says Separation of Powers Is Important": Jan Crawford Greenburg of ABC News provides this report.

And at "PrawfsBlawg," Dan Markel has a post titled "The Chief in Miami."
Posted at 10:45 PM by Howard Bashman



"Justice Department wants Guantanamo cases dismissed": Carol Rosenberg will have this article Tuesday in The Miami Herald.
Posted at 10:40 PM by Howard Bashman


"Lawyers agree judge should have better explained Ressam sentence": The AP provides a report that begins, "Federal appeals court judges considering the case of Ahmed Ressam said Monday that the judge who sentenced him to 22 years for planning to bomb Los Angeles International Airport 'didn't explain himself,' and they indicated that they might send the case back to have him spell out his rationale."
Posted at 10:35 PM by Howard Bashman


"Chief justice: boldness not an attribute on Supreme Court." The Associated Press provides this report from Miami.
Posted at 10:30 PM by Howard Bashman


"Supreme Court Upholds Death Sentence in California Case": This article will appear Tuesday in The Washington Post.
Posted at 10:18 PM by Howard Bashman


"Supreme Court reinstates California man's death sentence": David G. Savage of The Los Angeles Times provides this news update.
Posted at 08:54 PM by Howard Bashman


"Gay Marriage Issue Resurfaces in N.J. Legislature": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:50 PM by Howard Bashman


"Prosecutors Deny Padilla Torture Claims": The Associated Press provides this report.
Posted at 08:44 PM by Howard Bashman


"Government sees constitutional fight over detainee law": Lyle Denniston has this post at "SCOTUSblog." My earlier coverage is at this link.
Posted at 08:40 PM by Howard Bashman


"[D]espite the daunting potential that future attacks of the 9/11 proportion (or even greater) will be inflicted on this nation and its friends, when the threat is someday hopefully abated, the core values that underlie what is embodied in our Constitution must survive the war being waged against terrorism." So writes the U.S. District Court for the District of Columbia today in an opinion issued in the Scooter Libby case rejecting in large measure the federal government's proposals for using non-classified information and documents in place of the classified information that the court previously deemed relevant and admissible.

In early news coverage, The Associated Press provides a report headlined "Judge: Libby May Use Classified Data."
Posted at 05:54 PM by Howard Bashman



"'Da Vinci Code' author wins in US Supreme Court; The high court declined to hear a case alleging the bestseller used material from a California author": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 05:45 PM by Howard Bashman


"The battle over same-sex marriage: Couple split up, drop names from state court case." The San Francisco Chronicle today contains an article that begins, "The couple whose names top all the arguments in California's same-sex marriage court case -- expected to head back to court today -- have separated."
Posted at 05:42 PM by Howard Bashman


"Appeals court upholds one abortion regulation, strikes down other": The Associated Press provides this report from Ohio. My earlier coverage appears at this link.
Posted at 05:40 PM by Howard Bashman


"Administration: Detainees Have No Rights." The AP provides a report that begins, "The Bush administration said Monday that Guantanamo Bay prisoners have no right to challenge their detentions in civilian courts and that lawsuits by hundreds of detainees should be dismissed."
Posted at 03:42 PM by Howard Bashman


"Court Refuses Request in U.S. Man's Case": The Associated Press provides a report that begins, "The Supreme Court refused Monday to intervene to keep an American facing a death sentence in Iraq from being handed over to authorities in Baghdad."

And at "SCOTUSblog," Lyle Denniston has a post titled "Citizen plea denied by Court."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 03:02 PM by Howard Bashman



"Big Brother's watching Canadians ... and they don't like it": The Toronto Globe and Mail provides a news update that begins, "Almost half of Canadians find anti-terrorism laws in the post-9/11 world intrusive, according to a new international Queen's University survey." You can access the survey by clicking here.
Posted at 02:37 PM by Howard Bashman


"Widows Sue Over Wicca Symbol, Headstones": The Associated Press provides a report that begins, "The widows of two combat veterans sued the government Monday for not allowing Wiccan symbols on their husbands' military headstones."
Posted at 02:15 PM by Howard Bashman


U.S. District Judge Thomas M. Hardiman to receive Senate Judiciary Committee confirmation hearing tomorrow on his nomination to the U.S. Court of Appeals for the Third Circuit: You can view the hearing notice at this link.
Posted at 12:15 PM by Howard Bashman


"The Military Commissions Act of 2006: Examining the Relationship between the International Law of Armed Conflict and US Law." Law Professor John P. Cerone has this essay online today at the web site of the American Society of International Law.
Posted at 12:05 PM by Howard Bashman


Available online from C-SPAN's "America & the Courts": Two Saturdays ago, the broadcast consisted of video of "an oral argument from the Ninth Circuit Court of Appeals in EEOC v. Kidman argued in San Francisco on October 16th. The Court decides if owners of a restaurant in Arizona can institute an English-only policy for their employees." The start of the broadcast consisted of interviews on the steps of the U.S. Supreme Court following oral argument in Philip Morris USA v. Williams, the tobacco punitive damages case. You can access this broadcast online by clicking here (RealPlayer required).

And C-SPAN summarizes its broadcast from three Saturdays ago as follows: "U.S. District Judge John Jones talks about his ruling on intelligent design & judicial independence. In 2005 he ruled in favor of the 11 Dover, Pennsylvania parents who sued their local school district for teaching intelligent design in public schools. He held that intelligent design is a religious belief and not a scientific theory, and that teaching it in public schools violated the U.S. Constitution." You can access this broadcast online by clicking here (RealPlayer required).
Posted at 11:44 AM by Howard Bashman



"Representatives from the Clerk's Office of the Third Circuit Court of Appeals on prospects for electronic filing in the Third Circuit and emergency motion practice": You can access an mp3 audio file of the Philadelphia Bar Association's Appellate Courts Committee's November 8, 2006 meeting by clicking here. What you'll learn is that electronic filing is on the horizon, but what exactly that will mean for practitioners is as of yet unknown.

A bunch of additional podcast audios from the Philadelphia Bar Association -- some of which may be of interest to appellate practitioners -- can be accessed via this link.
Posted at 11:28 AM by Howard Bashman



"A Conversation with the Chief Justice: Jan Crawford Greenburg to hold discussion with Chief Justice John G. Roberts, Jr. at the University of Miami on Monday, November 13th." ABC News has issued a media advisory that states: "In a rare television discussion, the Honorable John G. Roberts Jr., Chief Justice of the United States, will sit down with ABC News' Jan Crawford Greenburg at the University of Miami tonight where he will be speaking to students as part of the University's Lecture Series. Chief Justice Roberts, who was sworn in as the 17th Chief Justice, will discuss the court, his views on the law, and his life since taking office.

"Portions of Jan Crawford Greenburg's conversation with Chief Justice John G. Roberts will air on ABC News 'Nightline,' Monday, November 13, 2006 at 11:35pm (ET/PT)."

And the University of Miami has issued a news release that begins, "The University of Miami is privileged to present Chief Justice John G. Roberts, Jr., as our esteemed guest for the inaugural program of the University Lecture Series. The lecture series features prominent individuals and premier programs for the intellectual engagement and cultural enrichment of the University community." The BankUnited Center, where this evening's event is taking place, offers a 7,900-seat capacity.
Posted at 10:50 AM by Howard Bashman



U.S. Court of Appeals for the Sixth Circuit declares unconstitutional Ohio's abortion-related "Single-Petition Rule," which limits to once per pregnancy the number of times a minor may seek a judicial bypass in lieu of parental consent: You can access today's ruling at this link.

The Brief for Appellees that the State of Ohio filed in the case can be accessed at this link.
Posted at 10:20 AM by Howard Bashman



"Specter: Bush nominees may be more moderate." The Philadelphia Inquirer today contains an article that begins, "With the loss of a Republican majority and his chairmanship of the Senate Judiciary Committee, Sen. Arlen Specter (R., Pa.) said President Bush may be forced to nominate more moderate judges should other Supreme Court vacancies occur."
Posted at 10:08 AM by Howard Bashman


Today's opinion in an argued case and Order List from the Supreme Court of the United States: At "SCOTUSblog," Lyle Denniston has a post titled "Court again upholds California capital instruction" that begins, "In a 5-4 ruling, the Supreme Court on Monday found -- for a third time -- that California's special 'catchall' instruction to juries in death penalty cases provides enough opportunity for jurors to consider all favorable evidence for the accused."

Today's ruling in Ayers v. Belmontes, No. 05-493, was the only opinion in an argued case issued today. You can access the oral argument transcript in that case by clicking here.

It's been a few years since a new Term's first opinion in an argued case produced a 5-4 ruling. The Court next hears oral arguments on Monday, November 27, 2006, and the next likely day on which opinions will issue is Tuesday, November 28, 2006.

Today's Order List can be accessed at this link. The Court granted review in no new cases today.

In early news coverage, The Associated Press reports that "Court Reinstates Calif. Man's Execution"; "High Court Won't Review Skakel Verdict"; and "Court Won't Hear 'Da Vinci Code' Case."

Bloomberg News reports that "Skakel Murder Conviction Left Intact by U.S. Supreme Court" and "'Da Vinci Code' Author Fends Off Copyright Claim at High Court."

And James Vicini of Reuters reports that "Top court rejects Kennedy relative murder case."
Posted at 10:05 AM by Howard Bashman



"Ten Tips for Excellence in Appellate Advocacy": This week's installment of my "On Appeal" column for law.com can be accessed at this link.
Posted at 08:24 AM by Howard Bashman


"Court to Hear Millennium Plot Appeal": The Associated Press provides a report that begins, "Prosecutors and defense attorneys are challenging aspects of the 22-year sentence imposed on Ahmed Ressam for plotting to bomb Los Angeles International Airport on the eve of the new millennium."

The matter will be argued in Seattle today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Assigned to that three-judge panel are Senior Circuit Judge Arthur L. Alarcon and Circuit Judges Pamela Ann Rymer and Marsha S. Berzon.
Posted at 08:20 AM by Howard Bashman



U.S. District Judge allows City of Las Cruces, New Mexico to keep the crosses in its logo: The Las Cruces Sun-News reported on Friday that "Cross lawsuit vs. city tossed" (via "Religion Clause"). You can access the ruling of the U.S. District Court for the District of New Mexico at this link.

And The Associated Press reports that "Judge Tosses Suit Challenging City Logo."

You can view the logo in question via this post at the "Logo Design" blog. My earlier coverage appears at this link.
Posted at 08:14 AM by Howard Bashman



"No easy answers: Efforts by Lynn to better integrate the city's schools have resulted in classrooms that are far more diverse; But critics charge that race-conscious programs like Lynn's are discriminatory -- an argument the Supreme Court will hear next month; How far can a public school system go to promote integration?" This lengthy article appeared yesterday in The Boston Globe.
Posted at 08:03 AM by Howard Bashman


"Time up for last major Enron exec; Because of deal, Causey's sentence Wednesday could exceed Fastow's": The Houston Chronicle today contains an article that begins, "The last of Enron's felonious uppermost echelon is slated to learn his punishment this week for helping perpetuate one of the biggest corporate frauds ever."
Posted at 08:00 AM by Howard Bashman


"Take another crack at that cocaine law": Today in The Los Angeles Times, Eric E. Sterling has an op-ed that begins, "One of our most infamous contemporary laws is the 100-1 difference in sentencing between crack cocaine and powder cocaine."
Posted at 07:54 AM by Howard Bashman


"Times writer wins honor; Legal affairs reporter Henry Weinstein is the recipient of this year's John Chancellor Award": This article appears today in The Los Angeles Times.
Posted at 07:48 AM by Howard Bashman


"Crimping eminent domain; Homeowners see a victory, but governments say the results may hamper revitalization": The St. Petersburg Times contains this article today.
Posted at 07:45 AM by Howard Bashman


"Partial-Birth Replay: The Supreme Court has to decide whether it meant what it said about 'partial-birth' abortion." This editorial appears today in The Washington Post.
Posted at 07:35 AM by Howard Bashman


"Michigan Prefers Equality: Ward Connerly triumphs again." Abigail Thernstrom has this essay online at OpinionJournal.
Posted at 06:40 AM by Howard Bashman


"Why It Was A Mistake for a California Judge To Dismiss Britney Spears's Defamation Lawsuit Against US Weekly": Julie Hilden has this essay online at FindLaw.
Posted at 06:35 AM by Howard Bashman


"Blawg Review # 83": Available online here, at Law Professor Rick Hasen's "Election Law" blog.
Posted at 06:30 AM by Howard Bashman


Sunday, November 12, 2006

"Supreme Court to rule on sentencing issue": This article appeared yesterday in The St. Louis Post-Dispatch.
Posted at 07:08 PM by Howard Bashman


Available online from law.com: T.R. Goldman reports that "Judicial Nominations May End Up Gridlocked" (see sidebar article).

And California Court of Appeal Justice William W. Bedsworth has an essay entitled "A Microwave Molested One Day at 7-Eleven."
Posted at 07:00 PM by Howard Bashman



"Judge's lawsuit heading for jury; Writer, chief justice fight for reputations": The Chicago Tribune today contains an article that begins, "As jurors sit down this week to decide a defamation case brought by Illinois Supreme Court Chief Justice Bob Thomas, they can choose from a couple of theories."

In earlier coverage, Friday's issue of The Chicago Tribune reported that "Damage to judge by paper doubted; Ex-Justice official questions impact." Thursday's newspaper reported that "Judge's earning power detailed; Economist testifies in defamation suit against ex-columnist." Wednesday's newspaper reported that "State's chief justice testifies in lawsuit; He says that columns hurt reputation, career." And on Tuesday, the newspaper reported that "Court's aide says columnist didn't call; Spokesman testifies in defamation suit."

The Chicago Sun-Times yesterday published articles headlined "'Making up facts' alleged in libel case; State court spokesman says he warned editor"; "Kane jury could get libel case Monday"; and "Judge nominated by Thomas met with Gorecki ally." On Friday, the newspaper reported that "Columnist defends writings in Justice Bob Thomas' libel case." On Thursday, the newspaper reported that "Newspaper opens libel suit defense." On Wednesday, the newspaper reported that "On stand, chief justice unleashes his outrage; Exclaims shock at columns that spurred libel suit." And on Tuesday, the newspaper reported that "Justice is expected to testify today; Judge Bob Thomas: Libel trial continues against columnist, area newspaper."

The Daily Herald of Arlington Heights, Illinois reports today that "Libel trial verdict no easy task for jury; Civil lawsuits much different than criminal." Yesterday, the newspaper reported that "Columnist says he exposed deals; Libel case finds Kane County judges, senators denying political back scratching." On Friday, the newspaper reported that "Judge's actions on trial; There was evidence of vote trading, columnist testifies." On Thursday, the newspaper reported that "Justice argues his case for a multimillion-dollar damage award; Attorneys debate if he'd lose out on lucrative jobs." And on Wednesday, the newspaper published an article headlined "Thomas: columns have long effects; Judge cites damage to his reputation, humiliation."
Posted at 02:35 PM by Howard Bashman



"Why the FBI Is Coming After Me": Ann Louise Bardach has this essay today in the Outlook section of The Washington Post.

And in related news coverage, The Miami Herald today contains articles headlined "Posada a target of new federal probes; Authorities are building a new criminal case against Cuban exile Luis Posada Carriles, zeroing in on his alleged role as the mastermind of bombings in Cuba a decade ago" and "FBI destroyed evidence as 'routine' matter."
Posted at 02:00 PM by Howard Bashman



"'Gay Divorce?' A Knottier Knot for Gay Couples." This article appears today in the Week in Review section of The New York Times.
Posted at 12:27 PM by Howard Bashman


"Judge Gives Injunction Over UND Nickname": The Associated Press provides a report that begins, "A district judge has granted a preliminary injunction to stop the NCAA from banning the University of North Dakota from hosting a postseason game because of its 'Fighting Sioux' nickname, state Attorney General Wayne Stenehjem said."
Posted at 12:23 PM by Howard Bashman


"Live Blogging: Nino Scalia." Yale law student Vivek Krishnamurthy has this post at his blog "dominion wine and cheese society." My earlier coverage appears at this link.
Posted at 09:40 AM by Howard Bashman


"New Democratic Majority Throws Bush's Judicial Nominations Into Uncertainty": Neil A. Lewis has this article today in The New York Times.
Posted at 09:33 AM by Howard Bashman


Saturday, November 11, 2006

"Michigan Voters Ban Affirmative Action": This audio segment (RealPlayer required) appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 08:27 PM by Howard Bashman


"Charges Sought Against Rumsfeld Over Prison Abuse; A lawsuit in Germany will seek a criminal prosecution of the outgoing Defense Secretary and other U.S. officials for their alleged role in abuses at Abu Ghraib and Gitmo": Time.com provides this report.
Posted at 08:25 PM by Howard Bashman


"Analysis: Can U.S. courts reach overseas?" Today at "SCOTUSblog," Lyle Denniston has a post that begins, "The case of Mohammad Munaf, a U.S. citizen who faces a death sentence imposed by a court in Iraq, has drawn the U.S. Supreme Court and the D.C. Circuit Court into a major new test of the global impact of the Great Writ -- the habeas writ."
Posted at 03:40 PM by Howard Bashman


The Toronto Globe and Mail is reporting: Today's newspaper reports that "Universities move to hide work from U.S. eyes; Patriot Act prompts institutions to switch to Canadian server for online research."

And a news analysis headlined "A flagging relationship suffers another blow; Judges sent reeling by Toews's plans to plow ahead despite objections" begins, "Chief Justice Beverley McLachlin has never been one to play her cards carelessly or blurt out an indiscretion. When she chose to lead the country's top judges into a very public battle with Justice Minister Vic Toews over his plan to transform the judicial appointment process, it meant only one thing: that she believed the very independence of the judiciary was at stake."
Posted at 03:33 PM by Howard Bashman



"An American Indian accuses federal agents of using wildlife laws to thwart his religious practices; Holy man fights for seized feathers": This article appears today in The Houston Chronicle.
Posted at 03:24 PM by Howard Bashman


"Cooler heads prevail in test of self-defense law": The St. Petersburg Times today contains an editorial that begins, "A jury reached the correct conclusion when it rejected Hillsborough County's first case of the 'stand your ground' defense."
Posted at 03:15 PM by Howard Bashman


"Appeal heard in '95 murder of prosecutor; Evidence, testimony faulty, SJC is told": This article appears today in The Boston Globe.
Posted at 03:10 PM by Howard Bashman


"Judge Lets Guilty Plea Stand in Terrorism Case; Defendant Cited Warrantless Surveillance": The Washington Post today contains an article that begins, "A federal judge has refused to throw out the guilty plea of a convicted al-Qaeda supporter who argued that he was illegally spied on through President Bush's controversial warrantless eavesdropping program."
Posted at 03:04 PM by Howard Bashman


"Keeping the Voting Clean": Law Professor Richard L. Hasen, author of the "Election Law" blog, has this op-ed today in The New York Times.
Posted at 03:00 PM by Howard Bashman


"Sports Artist Sued for Mixing Crimson and Tide": Adam Liptak will have this article Sunday in The New York Times.
Posted at 02:55 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Judicial Independence Remains Under Fire"; "Warrantless Wiretaps Unlikely to Be OK'd"; and "Gov't Appeals Eagle Shooting Dismissal."
Posted at 10:38 AM by Howard Bashman


"The Court and Abortion": The New York Times today contains an editorial that begins, "The Supreme Court unnecessarily returned to the politically charged area of abortion this week, hearing arguments in a case testing some of the core principles of Roe v. Wade and the court's own credibility as an institution removed from politics."

And The Washington Times today contains an editorial entitled "Partial-birth deceit."
Posted at 09:40 AM by Howard Bashman



"Bush Revives Espionage Act; Bush's war on the disloyal press climaxes in a trial on classified information": Nat Hentoff has this essay in the new issue of The Village Voice.
Posted at 09:39 AM by Howard Bashman


"Ten Tips for Excellence in Appellate Advocacy": The new installment of my "On Appeal" column for law.com can be accessed at this link.
Posted at 09:38 AM by Howard Bashman


Friday, November 10, 2006

"House Arrest: Will Nancy Pelosi put Alberto Gonzales behind bars?" Law Professor Jeffrey Rosen will have this essay in the November 20, 2006 issue of The New Republic.
Posted at 04:35 PM by Howard Bashman


"Kaye to Seek Reappointment To Aid Transition, Push Reform": The New York Law Journal on Monday will contain an article (free access) that begins, "Chief Judge Judith S. Kaye, whose term expires in March, will reapply for the position she has held since 1993, court insiders confirmed last week."
Posted at 04:25 PM by Howard Bashman


The Toronto Globe and Mail is reporting: Today's newspaper contains articles headlined "Top judges rebuke Tories; Federal plan would allow police to help appoint judiciary" and "Tobacco firms to drop 'mild,' 'light' labels on cigarettes; Federal anti-trust watchdog reaches deal on removal with three biggest companies."
Posted at 02:20 PM by Howard Bashman


"Democrats Will Revisit Military Habeas Debate; Likely Chair Leahy Objects to Limits on Detainees' Rights": Lawrence Hurley has this article (pass-through link) today in The Daily Journal of California.
Posted at 11:54 AM by Howard Bashman


"Students at odds over Pledge of Allegiance; Orange Coast College student board approved a motion this week calling the pledge 'irrelevant' but later faced critics of the move": This article appeared yesterday in The Orange County Register.

The Daily Pilot of Costa Mesa, California reports today that "OCC student leaders won't take pledge; Trustees say 'under God' phrase and uneasiness led them to halt saying the Pledge of Allegiance."

The Associated Press reports that "Calif. College Ends Pledge of Allegiance."

And Reuters reports that "Students at Calif. College ban Pledge of Allegiance."
Posted at 11:45 AM by Howard Bashman



"Frat boys are first Borat victims to sue": The London Times Online provides this report.

E! online reports that "Borat Gets a New Suit."

The Associated Press reports that "Humiliated Frat Boys Sue 'Borat.'"

And TMZ.com offers a post titled "Borat Lawsuit -- High Five!!!" and has uploaded a PDF copy of the complaint initiating suit.

Via this link at Slate, you can access the release that participants in the Borat movie were required to sign.

And today at Salon.com, you can access a report headlined "What's real in 'Borat'? Everything you wanted to know about the Kazakh road trip -- what was staged, who was an actor, and who was just hapless comedy roadkill."

Update: At "Overlawyered," Ted Frank has a post titled "Obnoxious Chi Psi frat boys sue Borat."
Posted at 10:23 AM by Howard Bashman



"Scalia urges literalism; Constitution is 'dead' text, justice claims": The Yale Daily News contains this article today.
Posted at 10:12 AM by Howard Bashman


"False rape report leads to 1-year sentence; A Dana Point woman accused six men of abducting her, but a video shows her orchestrating some of the sex": This article appears today in The Los Angeles Times.

And The Orange County Register reports that "Woman gets jail time for false rape allegation; Videotape contradicted her claim that she was the victim."
Posted at 08:33 AM by Howard Bashman



"California defends execution procedure; A state lawyer tells a court that changes may be possible but says the lethal injection process does not inflict 'wanton' pain": Henry Weinstein and Maura Dolan have this article today in The Los Angeles Times.
Posted at 08:32 AM by Howard Bashman


"Fastow won't be serving time in the prison of his choice; Ex-Enron exec going to Louisiana instead of Texas": This article appears today in The Houston Chronicle.

And The New York TImes reports today that "Fastow Gets His Moment in the Sun."
Posted at 08:28 AM by Howard Bashman



"Tabloid frenzy over Spears, Witherspoon divorce filings is keeping courthouse staff busy; Harried clerks are caught in tabloid news spotlight after filings by Britney Spears and Reese Witherspoon": The Los Angeles Times contains this article today.
Posted at 08:27 AM by Howard Bashman


"Nine states limit eminent domain": This article appears today in The Washington Times.
Posted at 08:14 AM by Howard Bashman


"With Power Set to Be Split, Wiretaps Re-emerge as Issue": The New York Times today contains an article that begins, "The Bush administration escalated its defense of the National Security Agency's domestic wiretapping program on Thursday, even as Democrats in Congress vowed to investigate the program aggressively once they assume power."
Posted at 07:58 AM by Howard Bashman


"Arguments spread thick: Rivals aren't serving same food, judge rules." The Boston Globe today contains an article that begins, "A burrito is not a sandwich. That's the culinary ruling of a Worcester judge, ending, for now, a food fight between Panera Bread Co. and Qdoba Mexican Grill."
Posted at 07:55 AM by Howard Bashman


"Legislature again blocks bid to ban gay marriage; Lawmakers recess without voting on constitutional amendment": This article appears today in The Boston Globe.

The Boston Herald today reports that "Gay wed foes decry delay: Vote postponed until Jan. 2."

And The New York Times contains an article headlined "Gain for Same-Sex Marriage in Massachusetts."
Posted at 07:48 AM by Howard Bashman



"Arcane Law Forbids 'Oration' in the Supreme Court": Joseph Goldstein has this article today in The New York Sun. You can access here Orin Kerr's post at "The Volokh Conspiracy," on which The NYSun article is based. And my earlier coverage appears at this link.
Posted at 07:35 AM by Howard Bashman


"The Roberts Court and the Establishment Clause, Part Two: The Consequences of the Probable Shift from An 'Endorsement' to a 'Coercion' Test." Vikram David Amar and Alan Brownstein have this essay online today at FindLaw.
Posted at 06:48 AM by Howard Bashman


Thursday, November 09, 2006

"Allen concedes, giving Senate control to Dems": CNN.com provides this report.

The Washington Post provides a news update headlined "Allen Concedes Election, Democrats Win Control of Congress."

And The New York Times provides a news update headlined "Allen Concedes in Virginia Senate Race; Democrats Win Full Control of Congress."
Posted at 03:30 PM by Howard Bashman



"Sex offender not 'exiled' to Canada, judge says": Canadian Press provides this report.
Posted at 02:18 PM by Howard Bashman


"High Court Weighs Ban On Late-Term Abortions": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 02:03 PM by Howard Bashman


Available today from National Review Online: Edward Whelan has an essay entitled "Don't Despair: Strong justices can still be confirmed."

Henry Payne has an essay entitled "Prop 2: A Lesson for Republicans; It would behoove Republicans to consider the unpopularity of racial preferences."

And Roger Clegg has an essay entitled "Learning from the MCRI: Five comments in light of another vote to end racial preferences."
Posted at 12:23 PM by Howard Bashman



Free software wins antitrust victory in the Seventh Circuit: Today's opinion, which Circuit Judge Frank H. Easterbrook issued on behalf of a unanimous three-judge panel, begins, "Does the provision of copyrighted software under the GNU General Public License ('GPL') violate the federal antitrust laws?" And the opinion concludes, "The GPL and open-source software have nothing to fear from the antitrust laws."
Posted at 12:10 PM by Howard Bashman


"Judiciary Priorities Shift Left in Congress; Democratic Chairman Conyers Will Ease Up on Judges and Bear Down on Bush": Lawrence Hurley has this interesting article today in The Daily Journal of California.
Posted at 12:00 PM by Howard Bashman


"Anti-abortion measures fall, but neither side giving an inch": This article appears today in The Chicago Tribune.
Posted at 11:22 AM by Howard Bashman


"Top justice in brief: Modest and warm; As new chief settles into his role, friends testify on his commitment to fairness." The Newark Star-Ledger today contains an article that begins, "The chief justice of the New Jersey Supreme Court was stumped."
Posted at 11:15 AM by Howard Bashman


"Judge OKs Broadcasting Atlanta Trial": The Associated Press provides a report that begins, "Television crews will be allowed to broadcast the murder trial of a rape defendant accused of killing four people in an escape from a downtown Atlanta courthouse, a judge ruled Thursday."

And in related coverage, The Atlanta Journal-Constitution reports today that "Nichols legal team claims it can't get a fair jury."
Posted at 11:10 AM by Howard Bashman



"High Court Hears Abortion Ban Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:05 AM by Howard Bashman


"Liberals Find Rays of Hope on Ballot Measures": The New York Times today contains an article that begins, "Liberal supporters of social issues said yesterday that they were heartened by the outcome of several ballot initiatives around the nation: the first rejection of an amendment restricting marriage to a man and a woman, the success of a much-debated measure to allow stem cell research and the firm defeat of what would have been the nation's strictest abortion ban."

The Los Angeles Times today contains articles headlined "Abortion foes energized by their losses; Activists seek new ways to limit access and change minds; One aim: Make women view their fetuses in the womb" and "Gay-marriage votes get diverse spins from activists; Arizona defeats a ban on the unions, but seven states pass them; Supporters on both sides see progress."

The Argus Leader of Sioux Falls, South Dakota reports today that "S.D. considers next move on abortion; Legislators differ on how to proceed."

The San Francisco Chronicle yesterday contained an article headlined "Abortion: Early returns reject Prop. 85, which requires doctors to notify unwed teen's parents."

And The Boston Globe reports today that "Leaders seek to kill gay marriage ban; Goal is recess without a vote."
Posted at 08:30 AM by Howard Bashman



"Dwelling Where Lawyer Was Killed Is Robbed; Rowhouse Was Empty Since August Slaying": The Washington Post today contains an article that begins, "The Northwest Washington rowhouse where prominent lawyer Robert Wone was slain over the summer was burglarized last week, D.C. police said yesterday."
Posted at 08:22 AM by Howard Bashman


"Malvo: 'I am truly sorry'; Sniper gets 6 life terms in Montgomery Co. deaths." The Baltimore Sun contains this article today.

And The Washington Post reports today that "Malvo Apologizes at Md. Sentencing; 'Grieved and Ashamed' Sniper Receives Six Consecutive Life Terms."
Posted at 08:05 AM by Howard Bashman



"Michigan Rejects Affirmative Action, and Backers Sue": This article appears today in The New York Times.

The Detroit News today contains an article headlined "Affirmative action backlash: Group files suit, U-M, others may challenge ban."

And The Detroit Free Press reports today that "Legal assault begins on affirmative action ban."
Posted at 08:00 AM by Howard Bashman



"High court hears cases on ban of abortion method; The justices are to decide whether to uphold a 'partial-birth' prohibition passed by Congress in 2003": David G. Savage has this article today in The Los Angeles Times.

And today in USA Today, Joan Biskupic reports that "Abortion cases draw throngs to high court; Lawyers focus on Justice Kennedy in arguments."
Posted at 07:54 AM by Howard Bashman



"A British Court's Libel Judgment Is Reviewed by American Judges; Saudi Sued Ehrenfeld Over Allegations": The New York Sun today contains an article that begins, "A federal appellate court heard arguments yesterday in the case of a New York-based counterterrorism researcher who was ordered by a British court to pay and apologize to a Saudi billionaire she accused of funding terrorism."
Posted at 07:50 AM by Howard Bashman


"Is Joe Lieberman the New Anthony Kennedy? And will the New Congress Function Like the Closely-Split, Seesawing Supreme Court?" Edward Lazarus has this essay online at FindLaw.
Posted at 07:44 AM by Howard Bashman


Wednesday, November 08, 2006

"Lawyers face right to blog; Online journals that contain legal discussions and background information are challenging traditional practices on attorney advertising": This article appeared yesterday in The Chicago Tribune (via "Legal Blog Watch").

In somewhat related news, next Thursday and Friday (November 16th and 17th) I'll be in New York City where I'll be one of the speakers at a Law Seminars International continuing legal education seminar entitled "Blog Law: Legal issues, liabilities, and new opportunities." You can learn more about the seminar and register to attend via this link.
Posted at 10:20 PM by Howard Bashman



"Justices Hear Arguments on Late-Term Abortion": Linda Greenhouse will have this article Thursday in The New York Times.

Thursday in The Washington Post, Charles Lane will have an article headlined "No Pointers to Ruling in Abortion Case; Likely Swing Vote Kennedy Asks Questions Without Disclosing His Position."

Stephen Henderson of McClatchy Newspapers reports that "Justices hear arguments on late-term abortion procedure."

And online at Newsweek, Debra Rosenberg has an article headlined "Drama in the Court: As the pro-choice movement celebrated victories at the ballot, Supreme Court justices heard 'partial birth' arguments that could reveal where they really stand on abortion."
Posted at 10:05 PM by Howard Bashman



"Chief weighs fate of citizen in Iraq": At "SCOTUSblog," Lyle Denniston has a post that begins, "Chief Justice John G. Roberts, Jr., is considering a request to keep a U.S. citizen now in a military prison in Iraq from being turned over to Iraqi officials, to face execution after being convicted in an alleged plot to kidnap three Romanian journalists."
Posted at 07:44 PM by Howard Bashman


"Doctor, There's a Lawyer in My Womb: The Supreme Court attempts to understand partial-birth abortion." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 07:34 PM by Howard Bashman


"U.S. High Court Hears Partial-Birth Abortion Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:32 PM by Howard Bashman


"Virginia Update: It Appears Over." Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 07:24 PM by Howard Bashman


"U-M president says she'll go to court over affirmative action ban": The Detroit Free Press provides a news update that begins, "University of Michigan President Mary Sue Coleman says the school will explore its legal options after the state’s voters approved a ban on affirmative action programs that offer preferences to women and minorities."

The Detroit News provides an update headlined "U-M to ask courts to hold off enforcing Proposal 2; Foes of the measure call it unconstitutional."

And The Ann Arbor News reports today that "U-M may try to delay Proposal 2; Passage of affirmative action ban expected to affect admissions methods."

You can access online at this link the text of today's statement by University of Michigan President Mary Sue Coleman.
Posted at 05:30 PM by Howard Bashman



"Democrats to Usher in Change in Judicial Nominations, Investigations": law.com's T.R. Goldman provides this news update.
Posted at 05:04 PM by Howard Bashman


"High Court Focuses on Medical Alternatives in Partial-Birth Abortion Cases": law.com's Tony Mauro provides this news update.

And Bloomberg News reports that "Abortion Clash Engages U.S. Supreme Court Justices."
Posted at 04:48 PM by Howard Bashman



Fanfan fans can fan the Sentencing Guidelines flames with a First Circuit ruling issued today: Ducan Fanfan may have been initially pleased to be half of the winning pair in the U.S. Supreme Court's Booker/Fanfan ruling.

Unfortunately, he eventually learned a lesson that many similarly-situated convicted federal criminal defendants have learned -- that resentencing under the post-Booker regime does not always benefit the defendant. Today, in a ruling you can access here, the U.S. Court of Appeals for the First Circuit affirms the 210-month sentence that Fanfan received after prevailing in the U.S. Supreme Court. At his original, pre-Booker sentencing, Fanfan received a sentence of just 78 months of imprisonment. Of course, it almost goes without saying that eleven extra years of imprisonment are a small price to pay for a U.S. Supreme Court victory.
Posted at 04:40 PM by Howard Bashman



Of Beethoven, of vodka, or of the Bill of Rights containing the first ten amendments to the U.S. Constitution? The U.S. Supreme Court has ruled that if a criminal suspect indicates in any manner during custodial questioning that he wishes to remain silent, interrogation must cease. Today a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit resolves whether a criminal defendant's statement, during an interrogation, that "I plead the fifth" is sufficient to invoke the right to remain silent. Complicating this question, the appeal arises in the habeas context challenging a state court conviction and is governed by the federal law whose acronym is AEDPA. The majority, in a decision that you can access here, affirms the federal district court's denial of habeas relief.

The dissenting opinion of Circuit Judge M. Margaret McKeown begins, "It is likely that few Americans can profess fluency in the Bill of Rights, but the Fifth Amendment is surely an exception. From television shows like 'Law & Order' to movies such as 'Guys and Dolls,' we are steeped in the culture that knows a person in custody has 'the right to remain silent.' Miranda is practically a household word. And surely, when a criminal defendant says, 'I plead the Fifth,' it doesn't take a trained linguist, a Ph.D, or a lawyer to know what he meant."
Posted at 04:23 PM by Howard Bashman



"High Court Hears Abortion Ban Arguments": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:07 PM by Howard Bashman


"Supreme Court Oral Arguments: Gonzalez v. Planned Parenthood." C-SPAN is also now providing on-demand access to the audio from the second of the two partial-birth abortion cases argued today before the U.S. Supreme Court. To access the audio, click here (RealPlayer required).
Posted at 04:05 PM by Howard Bashman


"Supreme Court Oral Arguments: Gonzalez v. Carhart." C-SPAN is now providing on-demand access to the audio from the first of the two partial-birth abortion cases argued today before the U.S. Supreme Court. To access the audio, click here (RealPlayer required).

As The Associated Press notes here, "Authorities on Wednesday arrested an anti-abortion protester who disrupted Supreme Court arguments on the subject." The disruption can be heard during the audio recording of the Carhart oral argument shortly after the 37 minute mark. The same-day transcript at page 34 does not directly note the disruption, although it does note the Court's reaction to it.
Posted at 03:50 PM by Howard Bashman



The transcripts of today's U.S. Supreme Court oral arguments in the partial-birth abortion cases are now available online: You can access the transcript in Gonzales v. Carhart by clicking here, while you can access the transcript in Gonzales v. Planned Parenthood Federation of America, Inc. by clicking here.

At "SCOTUSblog," Lyle Denniston has a post titled "Kennedy vote in play on abortion."

The Associated Press provides reports headlined "Justices Have Pointed Abortion Discourse" and "Man Arrested After Supreme Court Protest."

And James Vicini of Reuters reports that "Top court considers major abortion test cases."
Posted at 03:40 PM by Howard Bashman



"Gay Marriage Ban Rejected in Arizona": The Associated Press provides a report that begins, "In a triple setback for conservatives, South Dakotans rejected a law that would have banned virtually all abortions, Arizona became the first state to defeat an amendment to ban gay marriage and Missouri approved a measure backing stem cell research."
Posted at 10:35 AM by Howard Bashman


"C-SPAN has announced on their website that C-SPAN Radio will be broadcasting the audio of oral argument in today's partial-birth abortion cases back-to-back beginning at 12:30 PM eastern." So begins this post at "SCOTUSblog." You can access today's C-SPAN Radio schedule and links to listen live by clicking here.

Once this morning's oral arguments conclude, you'll be able to access Lyle Denniston's report on the arguments here at "SCOTUSblog."
Posted at 10:30 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": Nina Totenberg had an audio segment entitled "Supreme Court Considers Abortion-Ban Arguments."

And the broadcast also contained an audio segment entitled "S.D. Rejects Abortion Ban, Missouri Backs Stem Cells."

RealPlayer is required to launch these audio segments.
Posted at 10:11 AM by Howard Bashman



"Supreme Court to Consider Abortion Issue": The Associated Press provides this report.
Posted at 08:33 AM by Howard Bashman


Ballot measures seen as threats to judicial independence are defeated in South Dakota and Colorado: The Argus Leader of Sioux Falls, South Dakota reports today that "S. Dakota voters soundly reject J.A.I.L. measure; Grand jury could have second-guessed judges."

And The Rapid City Journal reports today that "Judicial accountability amendment crushed."

Meanwhile, from Colorado, The Rocky Mountain News reports that "Term-limits for judges a no-go; Measure would have restricted them to 10 years of service."

And The Denver Post reports that "Capping judges' tenure is rejected."
Posted at 08:30 AM by Howard Bashman



"4-foot rule's defeat means Seattle reverts to old law": The Seattle Times today contains an article that begins, "It looks like lap dances will remain legal in Seattle. With a no vote on Seattle Referendum 1, voters were firmly rejecting the city's 'four-foot rule,' which would have banned lap dances by requiring exotic dancers and customers to keep their distance."

And The Seattle Post-Intelligencer reports today that "Attempt to restrict strip clubs failing."
Posted at 08:20 AM by Howard Bashman



"4 states OK bans on gay 'marriage'; four others likely": This article appears today in The Washington Times.

One of the States described in The Washington Times article as "likely" to pass such a ban is Arizona. Yet a report in today's edition of The Arizona Republic headlined "Voters reshape legal landscape in Arizona" states that "in one of the tightest contests of the election, it appeared as of late last night that Arizona voters could be the first in the nation to reject a constitutional amendment banning gay marriage."

The latest results from the Arizona Secretary of State's Office show that the "Protect Marriage Arizona" proposition was defeated by a margin of 51.4 percent against, 48.6 percent in favor.
Posted at 08:12 AM by Howard Bashman



"Democratic Hopes Rest on 2 Tight Races": The Washington Post today contains an article that begins, "Democrats claimed victory in four crucial Senate races early today and held small leads in two others that would give their party the majority -- and control of both congressional chambers. The Senate majority will turn on razor-thin races in Virginia and Montana, where recounts or legal challenges could delay the final outcome for days. Democrats moved within striking distance by ousting Republicans in Ohio, Pennsylvania, Rhode Island and Missouri."

The New York Times reports today that "Democrats Take Control of House; Senate Hangs on Virginia and Montana."

The Boston Globe reports that "Democrats make gains, but Senate control hinges on 2 states."

And The Washington Times reports that "Democrats take control of House; Senate hinges on race in Virginia."
Posted at 07:55 AM by Howard Bashman



"Texas Inmates Protest Conditions With Hunger Strikes": The New York Times today contains an article that begins, "Likening themselves to prisoners at Abu Ghraib and Guantanamo Bay, a dozen inmates on death row in Texas have staged hunger strikes over the last month to protest what they call abusive conditions, including 23 hours a day of isolation in their cells."
Posted at 07:44 AM by Howard Bashman


"Court asked to apply sentencing rule retroactively": Joan Biskupic has this article today in USA Today.
Posted at 07:35 AM by Howard Bashman


"Michigan voters outlaw race, gender preferences": This article appears today in The Detroit News.

And The Detroit Free Press reports today that "Affirmative action ban OK'd; Michigan 3rd state to nix preferential treatment."
Posted at 07:33 AM by Howard Bashman



"S.D. rejects abortion ban; Opponents say 'strong message sent'": The Argus Leader of Sioux Falls, South Dakota contains this article today.

The Rapid City Journal reports today that "Abortion-ban opponents say facts key to win."

The New York Times reports that "South Dakotans Reject Sweeping Abortion Ban."

The Los Angeles Times reports that "South Dakota scraps abortion ban; Voters reject the law built with little leeway; A prohibition of gay marriage passes."

And USA Today reports that "South Dakota voters axe restrictive abortion law; 5 states pass same-sex marriage bans as culture-war issues inundate ballots."

The latest vote tally from South Dakota shows that the matter, known as "Referred Law 6," was defeated by a margin of 56 percent against to 44 percent in favor.
Posted at 06:45 AM by Howard Bashman



"Supreme Court Will Hear Arguments On 'Partial-Birth' Abortion Ban": This article appears today in The New York Sun.

The Virginian-Pilot reports today that "Christian-based group in Beach files briefs in 2 abortion cases."

The Roanoke Times contains an editorial entitled "Chief Justice Roberts' delayed litmus test; During his Senate confirmation hearing, John Roberts sidestepped the abortion litmus test; The chief justice begins that exam today."

USA Today contains an editorial entitled "Congress claims an M.D.: Justices will decide whether politics can set medical facts." In response, Jay Sekulow has an op-ed entitled "Keep 'partial-birth' ban: Congress already found proof this procedure isn't necessary."

I previewed the cases being argued today before the U.S. Supreme Court in an installment of my "On Appeal" column for law.com headlined "Congress Puts 'Partial-Birth' Abortion Back on the Supreme Court's Agenda."
Posted at 06:40 AM by Howard Bashman



"Will Control of the Senate Be Within the Margin of Litigation?" Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 06:33 AM by Howard Bashman


"The CIA, the MCA, and Detainee Abuse": Joanne Mariner has this essay online today at FindLaw.
Posted at 06:30 AM by Howard Bashman


Tuesday, November 07, 2006

Available online from law.com: Tony Mauro reports that "Abortion Rights Groups Choose Insiders to Argue High Court Cases."

And in other news, an article is headlined "Swing Voter's Lament: At Least One Case Still Bugs O'Connor."
Posted at 10:50 PM by Howard Bashman



"All Eyes on Kennedy in Court Debate On Abortion; Justice Expected to Be Swing Vote in Ruling on Late-Term Procedure": Charles Lane will have this article Wednesday in The Washington Post.

The Boston Globe today contains an article headlined "The challenger: Priscilla Smith will ask the US Supreme Court tomorrow to lift the ban on partial-birth abortions."

Patti Waldmeir of Financial Times provides a news update headlined "Supreme Court set to signal abortion stance."

And online at FOXNews.com, Lis Wiehl has an essay entitled "Alito's Abortion Ambition."
Posted at 10:30 PM by Howard Bashman



"We are persuaded that the Federal Rules of Evidence are not governed by the Erie doctrine. Having said that, concepts of federalism still guide our understanding of the interplay between the Federal Rules and state law." Because the Federal Rules of Evidence were originally enacted by the U.S. Congress, they are outside the purview of the so-called Erie doctrine, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit has held in an interesting decision issued today.
Posted at 08:45 PM by Howard Bashman


Unincorporated associations lack the ability to bring suit under the federal civil rights act, 42 U.S.C. sec. 1983, the Tenth Circuit holds: Today's ruling of the U.S. Court of Appeals for the Tenth Circuit comes in a case that arises from the denial of parade permits for anti-abortion protesters in Wichita, Kansas that produced a nominal damages award of $1 in favor of the plaintiffs who did have the ability to assert a Section 1983 claim.
Posted at 08:33 PM by Howard Bashman


"Roberts court faces first abortion cases; New Supreme Court justices could tip the balance to uphold a ban on so-called partial-birth option": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 05:54 PM by Howard Bashman


"Mid-Day Election Glitch Update and the Implications for the Future": Law Professor Rick Hasen has this post from the west coast, where it's still midday, at his "Election Law" blog.
Posted at 05:48 PM by Howard Bashman


"Decision time on Cuban's detention; The U.S. government has until Feb. 1 to prosecute Luis Posada Carriles, wanted abroad in a jet bombing case": The Los Angeles Times contains this article today.
Posted at 05:30 PM by Howard Bashman


"New Justices Tested on Abortion Ban Ruling": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 05:15 PM by Howard Bashman


"High court to hear one for library books; Issue: Who can borrow where in state." The Detroit Free Press today contains an article that begins, "Librarians throughout the state are watching closely -- and worrying -- as the case of a book-loving attorney from Bloomfield Hills versus the Bloomfield Township Public Library makes its way through the state Supreme Court."
Posted at 05:12 PM by Howard Bashman


"Supreme Court debates 2 cases involving long prison terms": The Associated Press provides this report.
Posted at 05:10 PM by Howard Bashman


"On Strip Measure, the Sides Are Four Feet Apart": The Washington Post today contains an article reporting from Seattle, Washington that begins, "Voters here Tuesday have an opportunity rare in a democratic society: To decide in a referendum whether lonely guys can continue to stuff $20 bills in the G-strings of hot young women."
Posted at 05:07 PM by Howard Bashman


"All eyes are on Alito in abortion case; First clues on how he will treat Roe vs. Wade may come tomorrow": The Newark (N.J.) Star-Tribune contains this article today.
Posted at 04:12 PM by Howard Bashman


"Ten Commandments may return to Casper": This article appears today in The Casper Star Tribune.
Posted at 04:10 PM by Howard Bashman


"Judge dismisses Conyers lawsuit against Bush": The Detroit News yesterday published a news update that begins, "A federal judge today dismissed a lawsuit brought by U.S. Rep John Conyers, D-Detroit and 10 other Democratic members of Congress alleging the Deficit Reduction Act is unconstitutional. Conyers and the other lawmakers sued President Bush earlier this year, alleging the bill Bush signed into law differed from the version passed by the House and they had never voted on the version of the bill he enacted."

And The Associated Press reports that "Judge dismisses House Democrats' lawsuit over budget bill."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of Michigan at this link.
Posted at 04:00 PM by Howard Bashman



"Idaho Death Row Inmate Wins Retrial": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:20 PM by Howard Bashman


Access online today's U.S. Supreme Court oral argument transcript in James v. United States: The transcript is available online at this link.

The Court has not yet posted online the transcript of today's other oral argument -- in Burton v. Stewart -- but at "SCOTUSblog" Lyle Denniston has a post titled "Burton and the looming AEDPA issue" reporting on that oral argument.

Update: The transcript of oral argument in Burton v. Stewart is now available online at this link.
Posted at 02:27 PM by Howard Bashman



"Ballot Measures Tackle Divisive Issues": The Associated Press provides a report that begins, "Banning abortion and gay marriage, boosting minimum wages and tobacco taxes, and legalizing marijuana were among the options Tuesday as voters in many states considered ballot measures addressing an array of the nation's most divisive social issues."
Posted at 02:14 PM by Howard Bashman


"Clinics seek to thwart inquiry; Kansas Supreme Court asked to stop Kline’s investigation": The Lawrence (Kan.) Journal-World today contains an article that begins, "Leaders at two health care clinics Monday asked the Kansas Supreme Court to stop Atty. Gen. Phill Kline’s investigation into abortion records, seal the patients’ information and launch a probe into an alleged leak from the records."

The Topeka Capital-Journal reports today that "Clinics seek court's help."

The Wichita Eagle reports that "Clinics seek inquiry into leak of abortion files."

And The Kansas City Star reports that "O'Reilly comments spark call for inquiry; A special prosecutor is requested to learn how a TV show got records."
Posted at 02:10 PM by Howard Bashman



"Justices won't hear arson-murder case; L.A. man who killed his therapist's husband was spared death sentence": David G. Savage has this article today in The Los Angeles Times.
Posted at 12:38 PM by Howard Bashman


"Appeals panel upholds decision to clear Lay; Shareholder plans to take case to Supreme Court": The Houston Chronicle today contains an article that begins, "An appeals court panel has slapped down an Enron shareholder's challenge of a judge's decision to erase former Enron Chairman Ken Lay's criminal convictions."

At first glance, it does not appear that the ruling is readily accessible via the Fifth Circuit's web site.
Posted at 12:00 PM by Howard Bashman



"'Libel tourism' and the war on terror": Today in The Boston Globe, Samuel A. Abady and Harvey Silverglate have an op-ed that begins, "An important question will be argued tomorrow before the federal Court of Appeals in Manhattan: should American journalists who write about controversial issues be subjected to legal intimidation from abroad? More precisely, will American courts halt the growing practice of 'libel tourism' whereby wealthy foreigners sue American writers and publishers in England, despite little chance of enforcing the judgment in this country?"
Posted at 11:04 AM by Howard Bashman


"Logo trial a go; Jury selection begins in suit over Bush 'W' design": This article appears today in The Wichita Falls Times Record News.
Posted at 11:02 AM by Howard Bashman


"It's not on the ballot, but for some, death penalty a hot topic": The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, "South Dakota's political landscape, while dominated by an abortion debate and a governor's race to be decided today, has also been influenced by heated discussion about capital punishment."
Posted at 10:54 AM by Howard Bashman


"Abortion method returns to justices; Supporters of a law banning 'partial-birth' procedures are counting on Alito to provide the key vote in the case": David G. Savage has this article today in The Los Angeles Times.

And at "SCOTUSblog," Lyle Denniston previews tomorrow's oral arguments in a post titled "Abortion -- a host of knotty issues."
Posted at 10:33 AM by Howard Bashman



"Michigan voters weigh race-based admissions": This article appears today in The Washington Times.
Posted at 10:25 AM by Howard Bashman


D.C. Circuit rejects federal criminal defendant's appeal seeking to reinstate conviction and consecutive 30-year term of imprisonment for the possession and use of firearms "during and in relation" to a drug offense: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

As for why a federal criminal defendant would appeal from a decision setting aside a federal criminal conviction that requires him to serve an additional 30 years in prison, the answer apparently has to do with a now-thwarted plan to obtain resentencing under United States v. Booker.
Posted at 10:22 AM by Howard Bashman



"A Shift in the Debate On International Court; Some U.S. Officials Seem to Ease Disfavor": This article appears today in The Washington Post.
Posted at 10:04 AM by Howard Bashman


"Judge Dismisses Spears' Suit Against Mag": The Associated Press provides a report that begins, "A judge has thrown out Britney Spears' lawsuit against celebrity magazine Us Weekly, ruling the pop star cannot be defamed by published rumors that she and her husband had made a sex tape and were worried about its release."

And The Los Angeles Times reports today that "Britney Spears' sex tape suit is dismissed; A judge rules Us Weekly did not defame the pop star when it reported she and her husband had made a video."
Posted at 10:02 AM by Howard Bashman



"Many Oppose Death Penalty for Hussein": This article appears today in The New York Times.

The Los Angeles Times today contains an editorial entitled "Iraq's rough justice: The trial of Saddam Hussein was not exactly a triumph for the rule of law, but it achieved a just result."

And in The Washington Post, columnist Anne Applebaum has an op-ed entitled "Justice in Iraq: How to Judge the Trial of Saddam Hussein."
Posted at 09:50 AM by Howard Bashman



"New York Plans to Make Gender Personal Choice": The New York Times today contains an article that begins, "Separating anatomy from what it means to be a man or a woman, New York City is moving forward with a plan to let people alter the sex on their birth certificate even if they have not had sex-change surgery."
Posted at 09:45 AM by Howard Bashman


"Appeals Court Weighs Prisoners' Right to Fight Detention": Today in The New York Times, Neil A. Lewis has an article that begins, "The Bush administration's successful effort to have Congress eliminate the right of Guantanamo prisoners to challenge their detentions before federal judges is now moving toward what may be an epic battle in the courts."
Posted at 09:40 AM by Howard Bashman


"Court: BLM Violated Rodent's Protection." The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 07:05 AM by Howard Bashman


"A civil abortion debate? Where has one of this country's most divisive issues been debated largely without the expected histrionics? South Dakota. Today's ballot referendum has provided a refreshing model of public discourse." Laura Vanderkam has this op-ed today in USA Today.
Posted at 06:58 AM by Howard Bashman


"Jury duty is getting harder to shirk; No-shows being told: One way or another, we'll see you in court." USA Today contains this article today.
Posted at 06:55 AM by Howard Bashman


"Legal System Gives Boost To Chinese Asylum Seekers": This article appears today in The New York Sun.
Posted at 06:50 AM by Howard Bashman


"The Indictment Against Law Firm Milberg Weiss and Two of Its Partners: What's Really at Stake, and Why the Media Is Missing the Point." Anthony J. Sebok has this essay online at FindLaw.
Posted at 06:48 AM by Howard Bashman


Monday, November 06, 2006

Available online from law.com: Marcia Coyle reports that "Abortion Cases Pit Justices vs. Congress; Legislative fact-finding is at issue; Justice Kennedy will be pivotal figure."

And in news from New Jersey, "MADD Seeks to Revive $105M Dram Shop Verdict Against Stadium Vendors."
Posted at 10:03 PM by Howard Bashman



Also available today from National Review Online: Law Professor Douglas W. Kmiec has an essay entitled "Same-Sex Marriage Is Not for Judges: People's decision."

And Curt Levey has an essay entitled "Not Too Keen on Activist Judges? A vote for Bob Menendez is a vote for judicial activism."
Posted at 08:34 PM by Howard Bashman



"Death penalty gets tighter scrutiny in China; A review of cases by China's Supreme Court may reduce the potential for wrongful convictions": This article will appear Tuesday in The Christian Science Monitor.
Posted at 06:05 PM by Howard Bashman


"Contingent Judicial Vacancies and the Appointments Clause": Matthew Madden has posted this interesting law review note (abstract with links for download) online at SSRN (via "Legal Theory Blog").

The note's abstract begins, "Justice O'Connor, like a handful of justices before her, retired from the bench contingent upon Senate confirmation of her successor. The President nominated three individuals to her seat and the Senate proceeded to provide its advice and consent to the appointment of then-Judge Samuel Alito. All the while, O'Connor continued to serve on the Court, vote in pending cases, and write opinions. This Note argues that such nominations and confirmations are constitutionally inappropriate while a predecessor has not actually departed the federal bench."
Posted at 05:25 PM by Howard Bashman



"All eyes on Roberts court as it takes on abortion": Bill Mears of CNN.com provides this report. A related CNN video segment can be accessed by clicking here.
Posted at 05:05 PM by Howard Bashman


"Election Litigation Threat Level: Orange." Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 04:30 PM by Howard Bashman


"S.D. Doctors Are Split Over Abortion Ban": The Associated Press provides this report.
Posted at 03:45 PM by Howard Bashman


Access online today's same-day U.S. Supreme Court oral argument transcripts: The oral argument transcripts in Marrama v. Citizens Bank of Mass. and Wallace v. Kato are now available.

The outset of the oral argument transcript in Marrama suggests that the Court may end up dismissing that case as improvidently granted.
Posted at 03:44 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Iraq Court to Rule on Saddam Verdict" and "Abortion Clinics Request O'Reilly Probe."
Posted at 03:12 PM by Howard Bashman


"The Five-Fifths Clause: How we count, and use, our prisoners." Andrew Marantz has this jurisprudence essay online at Slate.
Posted at 03:02 PM by Howard Bashman


"N.J. poll: Don't call gay unions 'marriage'; Half OK equal rights, but name is sore spot." The Newark Star-Ledger today contains an article that begins, "Half of New Jersey's registered voters agree gay couples are entitled to the same rights as heterosexuals, but they balk at calling it marriage, according to a Star-Ledger poll. Fifty percent of those polled agreed with the recent state Supreme Court decision that same-sex couples are entitled to all the protections state law gives married couples. But overall, only one in four agreed that it should be called marriage, the poll found."
Posted at 02:35 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Supreme Court Weighs Man's Delayed Suit"; "Supreme Court Won't Return Death Penalty"; and "Court Hears of American's Iraq Sentence."
Posted at 02:30 PM by Howard Bashman


"On Monday, December 18, 2006, the Eighth Circuit will begin implementing the appellate version of CM/ECF, the federal courts' electronic filing and noticing system." Electronic case filing, which already pervades the U.S. District Court system, is about to begin at the federal appellate level. The U.S. Court of Appeals for the Eighth Circuit may be at the forefront, but before long electronic case filing on appeal will be the standard across the nation. For a glimpse of how life is about to change for those of us who litigate appeals in federal court, please see this notice that the Eighth Circuit has just posted online.

The Eighth Circuit's notice delivers at least one sad bit of news: "Effective December 18, 2006, links to the full text of [appellate] briefs will only be available through the PACER system." The notice proceeds to state:

Briefs are subject to the $.08 per page charge imposed by PACER, but the total charge for any document may not exceed $2.40. As a result, no brief, regardless of its length, will ever cost more than $2.40 to download or print. Casual users of PACER should note that PACER does not bill if a user's charges are less than $10.00 in a calendar year. This effectively gives a casual PACER user access to four free briefs a year.
The quoted passage implies that unbilled PACER charges are reset to $0 each year. I question whether that is correct. If it is not correct, casual users would merely have access to four free appellate briefs per PACER account, not per year, and this assumes that the PACER account wasn't used for any purpose other than to view appellate briefs.

Update: On the question of free access if PACER charges fail to equal or exceed $10 per year, the PACER service center's own Fee Information Policy is ambiguous. The policy states that "Usage is billed on a quarterly basis. Pursuant to Judicial Conference policy, no account is billed for usage of less than $10 in a calendar year. As a result, the quarterly billing of accounts that have a balance of less than $10 is deferred until the balance owed surpasses this threshold." And a bit later, the policy reiterates that "Each quarter accounts with a balance due less than $10 will be deferred to the following quarter."
Posted at 11:48 AM by Howard Bashman



Available today from National Review Online: Byron York has an essay entitled "Senate 2006: Why Hasn't the GOP Made Judges an Issue?"

Clarke D. Forsythe has an essay entitled "The Supreme Court's Back Alley: Scientific evidence does not show that D&X is a safe and necessary procedure."

And Michael J. New has an essay entitled "Seizing the Initiative: Pro-life measures on state ballots."
Posted at 11:33 AM by Howard Bashman



"Abortion foes' dirty tactics: Advocates of a California 'parental notification' bill accuse Planned Parenthood of protecting sexual predators instead of teen girls; But who is really breaking the law?" Katharine Mieszkowski has this essay online at Salon.com.
Posted at 11:28 AM by Howard Bashman


"Porn on Trial: The ACLU battles the Justice Department over the Child Online Protection Act; But web porn isn't going anywhere." Kerry Howley has this essay online at Reason. The essay notes that Nerve.com has a blog titled "Live from the COPA trial" covering the proceedings.
Posted at 11:20 AM by Howard Bashman


"Full Court Press: Can Karl Rove have his media critics jailed?" Law Professor Jeffrey Rosen has this essay in the November 13, 2006 issue of The New Republic.
Posted at 11:14 AM by Howard Bashman


"Writer defends stories on judge; Columnist denies bias and threat accusation": The Chicago Tribune last Friday published an article that begins, "A newspaper writer disputed Thursday allegations of carelessness and bias in an Illinois Supreme Court chief justice's defamation suit but found himself fighting a new accusation that he threatened to 'ruin' an official with a state agency involved in an attorney discipline case."

The Courier News of suburban Chicago reported on Friday that "Writer says he trusted sources."

And The Daily Herald of Arlington Heights, Illinois reported on Friday that "Writer backs sources."
Posted at 11:05 AM by Howard Bashman



"Federal Judicial Supremacy on the Ballot": Yesterday, The Pocket Part of The Yale Law Journal posted online this essay by Jaynie Randall.
Posted at 10:48 AM by Howard Bashman


"Court asks for advice on medical devices cases": At "SCOTUSblog," Lyle Denniston has this early post reporting on today's U.S. Supreme Court Order List.

You can access today's Order List at this link. No new grants of review issued today.
Posted at 10:07 AM by Howard Bashman



"High-Five!" It's more than just Borat's signature exclamation. Apparently it's also what Justices on the U.S. Supreme Court recently exchanged with the Phillie Phanatic at a gathering to honor the Court's newest Justice, Samuel A. Alito, Jr. (see second item in Dan Gross's column published today in The Philadelphia Daily News).
Posted at 09:58 AM by Howard Bashman


"Blawg Review #82": Available here, at "Votelaw."

Next week's installment, meanwhile, will be hosted at Rick Hasen's "Election Law" blog, Am I sensing a theme here?
Posted at 08:27 AM by Howard Bashman



"State ballot measures challenge judges' power": Bill Mears of CNN.com provides this report.
Posted at 08:25 AM by Howard Bashman


"Examining the 'Predictive' Model of Judging": That's the headline of today's installment of my "On Appeal" column for law.com. Therein, I address "To what extent does the job of U.S. Court of Appeals judge, when properly performed, require those judges to implement their views of the law, as opposed to merely predicting how the applicable court of last resort would decide the issues presented in the case?"
Posted at 08:20 AM by Howard Bashman


"'Partial-birth abortion' ban goes to high court; Justices to hear 2 challenges to '03 law": The Chicago Tribune contains this article today.
Posted at 08:20 AM by Howard Bashman


"Affirmative action in Michigan": This editorial appears today in The Chicago Tribune.
Posted at 08:17 AM by Howard Bashman


"Don't abort precedence: The Supreme Court has already ruled that abortion restrictions without exceptions for women's health are unconstitutional; It should do so again." The Los Angeles Times today contains this editorial. Perhaps the editorial's headline would be more accurate had it used "precedent" rather than "precedence."
Posted at 08:10 AM by Howard Bashman


"A narrow ruling cuts a broad legal swath; Agencies are barring the public from hearings after the state high court's decision in a deputy misconduct case": This article appears today in The Los Angeles Times.
Posted at 08:07 AM by Howard Bashman


"In Kentucky Supreme Court Race, Judges Get Out Their Soapboxes; Rick Johnson will say whatever he needs to in order to be elected to the state's highest court; The problem is, he's a judge": T.R. Goldman has this article (free access) in today's issue of Legal Times.
Posted at 08:04 AM by Howard Bashman


"A Half-Step Toward Equality: New Jersey's Supreme Court decision remedied the inaction of the state legislature." This editorial appears today in The Harvard Crimson.
Posted at 08:00 AM by Howard Bashman


"A Powerful Voice in Patent Disputes": Charles Lane has this "Full Court Press" column today in The Washington Post.
Posted at 07:54 AM by Howard Bashman


"Supreme Court to Hear False Arrest Case": The Associated Press provides this report.
Posted at 07:40 AM by Howard Bashman


"Do the Rights of the Disabled Extend to the Blind on the Web?" The New York Times today contains this e-commerce report.

My earlier coverage appears at this link.
Posted at 07:35 AM by Howard Bashman



"Hussein Is Sentenced to Death by Hanging": This article appears today in The New York Times, along with an article headlined "Hussein Trial Was Flawed but Reasonably Fair, and Verdict Was Justified, Legal Experts Say." And an editorial is entitled "The Saddam Hussein Verdict."

The Washington Post today contains a front page article headlined "Hussein Sentenced To Death By Hanging; Iraqi Reactions Highlight Ethnic, Religious Divides, Portending More Violence." The newspaper also contains an editorial entitled "Verdict for Saddam Hussein: Like the new political order around it, the trial was messy, costly and divisive -- but the judgment is just."

And The Chicago Tribune reports that "Hussein sentenced to hang; Leaders praise verdict as Iraqis brace for strife." In addition, the newspaper contains an editorial entitled "Saddam Hussein: Guilty."
Posted at 07:33 AM by Howard Bashman



"In a Brief, Unsigned New Opinion, The Supreme Court Sends the Wrong Signal on Voter ID and Voter Fraud": Michael C. Dorf has this essay online at FindLaw.
Posted at 06:35 AM by Howard Bashman


Sunday, November 05, 2006

The blog "Crescat Sententia" has moved to a new online address: Details here.
Posted at 10:15 PM by Howard Bashman


"For unions, a Supreme test of fairness": In Monday's edition of The Christian Science Monitor, Bob Williams will have an op-ed that begins, "It's the homestretch of election season, and Americans take it for granted that the airwaves buzz with political ads, campaign consultants dash around districts, and union dollars flow generously into the pockets of liberal politicians. This year, however, unions don't take it for granted. They have their eye on two Supreme Court cases that could affect how they spend mandatory dues."
Posted at 08:57 PM by Howard Bashman


"Inside Bomber Row: How America’s most dangerous criminals mix with a Who’s Who of the global jihad in a Colorado prison." The November 13, 2006 issue of Time magazine will contain this lengthy article about the federal Supermax prison in Florence, Colorado.
Posted at 08:54 PM by Howard Bashman


"Attorneys hit law denying child-porn evidence access": The Associated Press provides a report that begins, "Defense attorneys in a child pornography case contend that a new federal law restricting their access to key evidence is unconstitutional."
Posted at 11:20 AM by Howard Bashman


"Unease over abortion ban runs deep; South Dakotans express misgivings about the law, the nation's strictest; Voters are asked to uphold it": This article appears today in The Los Angeles Times.
Posted at 11:18 AM by Howard Bashman


"Prejudging the judges": The Boston Globe today contains an editorial that begins, "Conservatives have a new cause to rally the faithful at the polls in this week's national election: those scary activist judges."
Posted at 11:12 AM by Howard Bashman


"Frank W. Dunham Jr.; Defended Terrorism Suspects' Rights": The Washington Post today contains an obituary that begins, "Frank W. Dunham Jr., 64, who fought for Zacarias Moussaoui and other well-known terrorism suspects as the first federal public defender in Alexandria, died Nov. 3 of brain cancer at his Alexandria home."
Posted at 10:28 AM by Howard Bashman


"Tribunal to Debut With Congo Case; Prosecution of Rebel Leader Could Quiet Criticism of International Criminal Court": This article appears today in The Washington Post.
Posted at 10:20 AM by Howard Bashman


"Detainees' Access to Lawyers Is Security Risk, C.I.A. Says": The New York Times today contains an article that begins, "The Central Intelligence Agency and the Justice Department have told a federal court that permitting lawyers access to high-level Qaeda suspects without tighter secrecy procedures could damage national security by revealing harsh 'alternative interrogation methods' used in secret C.I.A. prisons overseas."
Posted at 09:54 AM by Howard Bashman


"O'Connor Worries About Courts' Autonomy": The Associated Press provides this report.
Posted at 09:45 AM by Howard Bashman


"State shapes as abortion battleground": Monday's edition of The Australian will contain an article that begins, "Its best known for Mount Rushmore and as the birthplace of the great Sioux chiefs Sitting Bull, Red Cloud and Crazy Horse, but a new kind of fame awaits conservative South Dakota at tomorrow's US mid-term elections."
Posted at 09:40 AM by Howard Bashman


"Saddam Hussein Is Sentenced to Death": The New York Times provides this news update.

The Washington Post provides a news update headlined "Hussein Sentenced to Hang for Crimes Against Iraqis; Thousands Take to Street in Tikrit in Defiance of Curfew."

The Los Angeles Times provides a news update headlined "Hussein found guilty of crimes against humanity; Former Iraqi leader and two others are sentenced to hang."

McClatchy Newspapers report that "Saddam sentenced to death by hanging."

BBC News reports that "Saddam Hussein sentenced to death; Saddam Hussein has been convicted of crimes against humanity and sentenced to death by hanging."

And CNN.com reports that "Saddam Hussein sentenced to death by hanging."
Posted at 09:30 AM by Howard Bashman



Saturday, November 04, 2006

"How Far Can Those Wild, Crazy Tobacco Jurors Go?" Bloomberg News columnist Ann Woolner has an essay that begins, "What some might call the jurors-gone-wild show hit the U.S. Supreme Court this week in a case as closely watched by business and consumer groups as certain spring-break videos are by young men."
Posted at 07:50 PM by Howard Bashman


"The 'Good Judge': Antonin Scalia's two decades on the Supreme Court." Terry Eastland will have this cover story in the November 13, 2006 issue of The Weekly Standard.
Posted at 07:45 PM by Howard Bashman


"Democrat-Controlled Senate Would Be Disastrous for Judicial Nominees": U.S. Senator Elizabeth Dole (R-NC) has this essay online at Human Events.
Posted at 07:33 PM by Howard Bashman


"Kennedy's Choice: The Roberts Court Takes on Abortion." Linda Greenhouse will have this interesting article in the Week in Review section of Sunday's edition of The New York Times.

In February 2006, I previewed these cases in an installment of my law.com "On Appeal" column headlined "Congress Puts 'Partial-Birth' Abortion Back on the Supreme Court's Agenda."
Posted at 07:28 PM by Howard Bashman



"Hinckley's Trips May Change; Aging Parents Can't Supervise Adequately, Prosecutors Say": This article appears today in The Washington Post.
Posted at 07:23 PM by Howard Bashman


The Houston Chronicle is reporting: In today's newspaper, Patty Reinert has an article headlined "More take the rehab way out; Fastow is the latest corporate convict to seek counseling to cut time off sentence."

Harvey Rice reports that "Witness says truck driver ignored immigrants' pleas; Passenger tells court she begged Williams to let the people out."

And in other news, "Appeals court restores vote fraud prosecutions; Some Democrats complain that cases target minorities, seniors."
Posted at 03:22 PM by Howard Bashman



"T-shirt order: 'I am a registered sex offender'; Unusual punishment for repeat offender." This article appears today in The News Journal of Wilmington, Delaware.
Posted at 03:15 PM by Howard Bashman


"German Detainee Questions His Country's Role": The New York Times today contains an article that begins, "During the four and a half years he languished in American prison camps in Afghanistan and Guantanamo Bay, Cuba, Murat Kurnaz claims to have been beaten, locked alone for months, dunked in water, sexually humiliated and hung from the ceiling by chains -- all of which the Pentagon denies."
Posted at 03:05 PM by Howard Bashman


"The Anti-Kelo Wave: Voters are taking up the Supreme Court's challenge." The Wall Street Journal contains this editorial today.
Posted at 03:00 PM by Howard Bashman


"Supreme Court to Return to Abortion": The Associated Press provides this report.

And James Vicini of Reuters reports that "Top court to hear major abortion test cases."
Posted at 02:54 PM by Howard Bashman



"The fall of America's meanest law firm: Milberg Weiss, the lawsuit factory that took corporations for $45 billion, is in the feds' cross hairs." This article will appear as the cover story of the November 13, 2006 issue of Fortune magazine.
Posted at 02:50 PM by Howard Bashman


"Yes, Virginia, This Is a Terrible Amendment: Why the gay marriage ban is bad for all Virginians." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 12:14 PM by Howard Bashman


"Fox newsman offers peek into abortion records; Phill Kline, who was interviewed by O'Reilly, later said he wasn't the source of the leak": The Kansas City Star today contains an article that begins, "Bill O'Reilly said on his Fox News show Friday that he had received information about medical records of abortions performed at clinics under investigation by Attorney General Phill Kline. Kline, who appeared on 'The O'Reilly Factor,' said after the show that he was not O'Reilly's source for the records and that no one in his office was either."
Posted at 09:15 AM by Howard Bashman


"S. Dakota not so sure about gay-marriage ban": The Los Angeles Times today contains an article that begins, "This is an unlikely state to blaze a trail for gay rights."

And in other news from South Dakota, The Argus Leader of Sioux Falls today contains articles headlined "$750,000 donation might be illegal, group alleges; Abortion-ban foes file complaint" and "Indians rally against ban on abortion; Law derided as effort to 'Christianize.'"
Posted at 07:55 AM by Howard Bashman



"U.S. Seeks Silence on CIA Prisons; Court Is Asked to Bar Detainees From Talking About Interrogations": The Washington Post today contains a front page article that begins, "The Bush administration has told a federal judge that terrorism suspects held in secret CIA prisons should not be allowed to reveal details of the 'alternative interrogation methods' that their captors used to get them to talk."

And The New York Times reports today that "C.I.A. Wants Prison Tactics Secret."
Posted at 07:50 AM by Howard Bashman



"Former justice warns of threat to judiciary; O'Connor tells of political assault on court's autonomy": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Former Supreme Court Justice Sandra Day O'Connor told a San Francisco audience Friday that judges are under political attack nationwide, and a ruling she endorsed four years ago is partly to blame."
Posted at 07:48 AM by Howard Bashman


"Supreme Court to Revisit Federal Sentencing Issues": Linda Greenhouse has this article today in The New York Times.
Posted at 07:45 AM by Howard Bashman


Friday, November 03, 2006

"Nepal 'goddess' inquiry ordered": BBC News provides a report that begins, "The Supreme Court in Nepal has ordered an inquiry into whether the tradition of worshipping a 'living goddess' has led to the exploitation of girls."

Reuters reports that "Nepal plans inquiry on 'living goddess' tradition."

The Associated Press reports that "Nepal court orders probe of goddess."

And People's Daily Online of China reports that "Inquiry planned on 'living goddess.'"
Posted at 10:33 PM by Howard Bashman



Available online from law.com: An article reports that "In a Midterm Election Year, President May Face an Uphill Battle to Fill the Bench; Lame duck era, animosity are obstacles."

Tony Mauro reports that "Self-Described 'Old Hippie' Wins High Praise in High Court Debut."

In other news, "Attorneys Planning Fla. Broadcast Ads Will Need State Bar's Pre-Approval."

And the brand new installment of my "On Appeal" column is headlined "Examining the 'Predictive' Model of Judging." Therein, I address the question "To what extent does the job of U.S. Court of Appeals judge, when properly performed, require those judges to implement their views of the law, as opposed to merely predicting how the applicable court of last resort would decide the issues presented in the case?"
Posted at 10:24 PM by Howard Bashman



"Supreme Court to Ponder Sentencing": The Associated Press provides this report.

You can access today's U.S. Supreme Court Order List at this link.

At his "Sentencing Law and Policy" blog, Law Professor Doug Berman now has numerous posts about today's grants of review.
Posted at 05:33 PM by Howard Bashman



"Eminent domain and the ballot box: Numerous challenges to the government's right to seize or regulate private property are up for vote this election day." CNNMoney.com provides this report.
Posted at 03:44 PM by Howard Bashman


"Microsoft judge: Plaintiffs can call Gates first." The Des Moines Register provides a news update that begins, "Des Moines lawyer Roxanne Conlin won a strategic victory today in her class action law suit against Microsoft when a judge said she can call Microsoft chairman Bill Gates and chief executive Steve Ballmer as witnesses to help prove her case against the company. A jury trial of the anti-trust case against Microsoft is set to begin in Polk County District Court on Nov. 13 with as much as $450 million in damages at stake."

And The Associated Press provides a report headlined "Judge: Microsoft's Gates Must Testify."
Posted at 03:33 PM by Howard Bashman



"Court will rule on Guidelines issue": Lyle Denniston has a post at "SCOTUSblog" that begins, "The Supreme Court agreed on Friday to decide whether a criminal sentence that is within the federal guidelines is to be treated as reasonable, and thus valid. It also said it would rule on whether a sentence below the guideline range is reasonable."
Posted at 03:04 PM by Howard Bashman


"Appeals court rules against Maag suit": The Belleville (Ill.) News-Democrat today contains an article that begins, "The 5th District Appellate Court in Mount Vernon has upheld a judge's dismissal of a $110 million defamation suit filed by Gordon Maag, a former justice of the appeals court who sued a business-backed organization over a campaign flier." The newspaper has posted online the text of yesterday's ruling at this link.

And The Madison County Record reports that "Gordon Maag's appeal turned down by Fifth."
Posted at 11:15 AM by Howard Bashman



"Justice Roberts to talk at SU; The nation's chief judge will discuss First Amendment at Newhouse III dedication": This article appears today in The Post-Standard of Syracuse, New York.

And Syracuse University today issued a news release entitled "Chief Justice of the United States John G. Roberts, Jr., to deliver Newhouse III dedication keynote next fall."

My earlier coverage appears at this link.
Posted at 11:12 AM by Howard Bashman



Federal Bureau of Prisons must provide records in electronic format as requested in federal prison inmate's Freedom of Information Act request, even though BOP regulations restrict inmates' possession of or access to electronic media: The U.S. Court of Appeals for the D.C. Circuit issued this interesting decision today.

Today's ruling merely requires the BOP, in its capacity as FOIA respondent, to produce the records in the format requested. The ruling, however, does not prevent the BOP, in its capacity as custodian of the inmate who requested the record, from confiscating the CD-ROM containing the records when it arrives at the prison pursuant to generally-applicable BOP regulations.
Posted at 10:15 AM by Howard Bashman



"Viewing child porn not a crime, panel rules": The Patriot-News of Harrisburg, Pennsylvania today contains an article that begins, "Just looking at child pornography on the Internet is not a crime under Pennsylvania law, a state Superior Court panel ruled yesterday."

And The Associated Press provides a report headlined "Court: Child porn charges require downloading, not just viewing."

You can access yesterday's ruling of the Superior Court of Pennsylvania at this link. A key passage from the unanimous three-judge pane's opinion states, "Although the pornographic images were automatically saved to an internet cache file on the computer's hard drive, there is no evidence that Diodoro knew that the images were saved. Therefore, the issue is whether merely viewing child pornography on the internet without intentionally saving or downloading any of the images constitutes 'knowing possession' of child pornography under section 6312(d). We conclude that it does not."
Posted at 08:45 AM by Howard Bashman



"Rehnquist professorship questioned": Yesterday's issue of The Middlebury Campus weekly newspaper contains an article that begins, "The College's decision to establish a professorship in honor of the late Chief Justice William H. Rehnquist has set students, faculty and administrators in an impossible debate over the merits of honoring an individual with a far-reaching and controversial record of legal opinions. Disagreement over the decision has transformed the traditionally uneventful, behind-the-scenes choices made in naming a chair into a campus-wide concern."
Posted at 08:12 AM by Howard Bashman


The Argus Leader of Sioux Falls, South Dakota is reporting: Today's newspaper contains articles headlined "Abortion fight's biggest donor a mystery" and "Gay marriage issue a tossup, poll shows."
Posted at 07:48 AM by Howard Bashman


"Punting habeas: Congress can't complain about activist judges when it knowingly passed a detainee law of questionable constitutionality." This editorial appears today in The Los Angeles Times.
Posted at 06:48 AM by Howard Bashman


"Libby Suffers Legal Setback As Judge Rejects Memory Specialist": Josh Gerstein has this article today in The New York Sun. My earlier coverage appears at this link.
Posted at 06:47 AM by Howard Bashman


"Many fear FBI's anthrax case is cold; Its investigation into the deadly 2001 attacks seems to be making no progress, but the agency urges patience": This article appears today in The Los Angeles Times.
Posted at 06:45 AM by Howard Bashman


"Beyond the tobacco case": The Washington Times contains this editorial today.
Posted at 06:42 AM by Howard Bashman


"The Court and Clean Air: The Supreme Court needs to send a strong message to polluters, lower courts and the Bush administration." This editorial appears today in The Washington Post.
Posted at 06:33 AM by Howard Bashman


"Setback for Times in Anthrax Suit": Neil A. Lewis has this article today in The New York Times.
Posted at 06:28 AM by Howard Bashman


"Writers find scandal, face jail; Why should public service be rewarded with prison time?" This editorial appears today in USA Today. The newspaper also contains a related op-ed by Randall D. Eliason entitled "Threat is exaggerated: 'Leaks' to reporters are common even without federal shield law."
Posted at 06:20 AM by Howard Bashman


"Underpaid And Overworked: The National Disgrace of Undercompensating Federal Judges, While Allowing Their Workload to Balloon." John W. Dean has this essay today at FindLaw.
Posted at 06:14 AM by Howard Bashman


Thursday, November 02, 2006

"Officials See Qaeda Trials Using New Law in 2007": In Friday's edition of The New York Times, Neil A. Lewis will have an article that begins, "The Pentagon expects to begin conducting the first war crimes trials at Guantanamo Bay, Cuba, under the new military commission law by summer, senior military officials have said."
Posted at 11:00 PM by Howard Bashman


"Writer defends columns in justice defamation case": The Chicago Tribune provides this news update. Today's print edition of that newspaper contained an article headlined "Ex-writer: I didn't call justice; Claims not backed up firsthand, he says."

The Chicago Sun-Times today contains an article headlined "Columnist: I never witnessed Thomas bias; Disputes claim he didn't try to contact justice."

The Daily Herald of Arlington Heights, Illinois reports today that "Writer's fairness under attack; Columnists testifies subjects had no chance to respond."

And The Kane County Chronicle contains an article headlined "No 'personal' knowledge of judicial bias toward official, columnist says."
Posted at 10:54 PM by Howard Bashman



Available online from law.com: In news from California, "SUV Case Will Keep Haunting Automakers."

And Justin Scheck reports that "9th Circuit Dissent Goes to Nth Degree."
Posted at 10:11 PM by Howard Bashman



"Employers still liable despite injury waiver, court rules": The Associated Press provides a report that begins, "Requiring a worker to sign a liability waiver does not give blanket immunity to employers if that person is later hurt on the job, the state Supreme Court has ruled."

You can access today's ruling of the Supreme Court of Connecticut at this link.
Posted at 10:08 PM by Howard Bashman



"State appeals court dismisses Maag's defamation lawsuit": The Associated Press provides a report that begins, "Former Illinois state Supreme Court candidate Gordon Maag's $110 million defamation lawsuit over a 2004 campaign flier suffered another legal setback Thursday, when an Illinois appellate court on which he once sat tossed out the case."
Posted at 08:55 PM by Howard Bashman


"U.S. Supreme Court to rule on Coweta pursuit; 2001 crash in PTC left speeding suspect a paraplegic": This article appears today in The Citizen of Fayetteville, Georgia.
Posted at 08:40 PM by Howard Bashman


"Bush Cites Chief Justice in Vote Rally": The Associated Press provides a report that begins, "Searching for new arguments to mobilize conservative voters, President Bush said Thursday that Chief Justice John Roberts would not be on the Supreme Court if Democrats controlled the Senate."
Posted at 08:38 PM by Howard Bashman


"State high court won't hear Ford's appeal of crash award; San Diego woman paralyzed in crash": The San Diego Union-Tribune today contains an article that begins, "The state Supreme Court declined yesterday to hear an appeal of a multimillion dollar award against the Ford Motor Company stemming from an Explorer rollover crash that left a San Diego woman paralyzed. The decision was a blow to the company's efforts to overturn a verdict handed down by a San Diego jury in 2004. At the time it was the company's first loss after a dozen wins in a wave of rollover lawsuits filed across the country challenging the safety of the popular sports utility vehicle. In a statement yesterday the company indicated it would appeal to the U.S. Supreme Court."
Posted at 08:33 PM by Howard Bashman


"LawBeat": That's the title of the new law-related blog written by Mark Obbie of the Carnegie Legal Reporting Program at the S.I. Newhouse School of Public Communications at Syracuse University.

And in somewhat related news, The Associated Press reports that "Chief justice to help Syracuse dedicate new journalism building."
Posted at 08:23 PM by Howard Bashman



"Obstetricians Challenge Partial-Birth Abortion Ban": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:17 PM by Howard Bashman


"Our Preference": National Review Online today has posted an editorial that begins, "In 2003, when the Supreme Court granted the University of Michigan's admissions officers the right to judge students by the color of their skin, then-Justice Sandra Day O'Connor wrote of her wish that '25 years from now the use of racial preferences will no longer be necessary.' The truth is that they aren't necessary today -- and they're actually hurting the people they're supposed to help."
Posted at 08:15 PM by Howard Bashman


"Prompt release of tapes on abortion cases": Lyle Denniston has this post at "SCOTUSblog."

And The Associated Press reports that "Supreme Court to Release Audiotape."

This suggests that the U.S. Supreme Court's new same-day release of oral argument transcripts is not causing the Court to be more reluctant to release same-day audiotapes in cases of widespread interest.
Posted at 05:11 PM by Howard Bashman



"South Dakota Voters Weigh Abortion Ban": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:50 PM by Howard Bashman


Jurors won't hear from defendant's proposed "faulty memory" expert in Scooter Libby criminal trial: The U.S. District Court for the District of Columbia issued this ruling today.

The good news for the defense team is that once sufficient time passes, today's adverse ruling is bound to be forgotten.

Update: The Associated Press reports that "Judge Rules Against Libby."
Posted at 04:40 PM by Howard Bashman



Eleventh Circuit affirms grant of summary judgment dismissing copyright infringement claim against Walt Disney World Company for creating EPCOT: You can access today's ruling at this link.
Posted at 03:45 PM by Howard Bashman


"First new briefs on detainees' rights": Lyle Denniston has this post at "SCOTUSblog" linking to PDF copies of the briefs.
Posted at 03:25 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Abortion's Impact a Key Issue in SD" and "Questions About Torture May Slow Trials."
Posted at 03:24 PM by Howard Bashman


Programming note: I'll be meeting with co-counsel in a pending appeal for most of the day. Additional updates will appear here later today. Readers who wish to draw interesting rulings or other items to my attention are, as always, invited to do so via email to appellateblog -at- hotmail.com.
Posted at 07:33 AM by Howard Bashman


"Female Voters Courted in Affirmative-Action Fight": Today in The Washington Post, David S. Broder provides this report from Detroit.
Posted at 06:48 AM by Howard Bashman


"MLK's niece: Ban is a civil rights issue; Leader's relative speaks at Augustana." The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, "The effort to end abortions in South Dakota, in some minds, parallels the civil rights movement."
Posted at 06:45 AM by Howard Bashman


"Torts gone wild: Justices risk sending the wrong message in a 'hard case' concerning punitive-damage awards." The Los Angeles Times contains this editorial today.
Posted at 06:42 AM by Howard Bashman


"Marriage limits set to face stiff fight in 3 states": This article appears today in The Washington Times.
Posted at 06:38 AM by Howard Bashman


"Hearing Frames Power Struggle; Judiciary, Legislature Clash Over Sullivan": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 06:37 AM by Howard Bashman


"Court Says Consensual Sex Can't Become Rape": This article appears today in The Washington Post. My earlier coverage is at this link.
Posted at 06:35 AM by Howard Bashman


"Justices Challenge EPA's Arguments in Clean Air Act Case": Charles Lane has this article today in The Washington Post.

And The Charlotte Observer reports today that "High court presses Duke case lawyers; Several justices' questions focus on interpretation of measure on emissions and at what point pollution controls must be added."
Posted at 06:32 AM by Howard Bashman



"Military Pressed Over Expressions of Faith": The Washington Post today contains an article that begins, "The U.S. military is being buffeted by dueling legal claims over religion, with one set of plaintiffs contending that the Pentagon is suppressing evangelical Christianity and another set arguing just the opposite -- that the brass gives the most aggressive evangelicals free rein to proselytize in uniform."
Posted at 06:28 AM by Howard Bashman


"Voting for Judicial Independence": The New York Times today contains an editorial that begins, "Nearly obscured by the struggle for control of Congress, there is another important battle in a handful of states over measures aimed at punishing judges for their official rulings and making them more captive to prevailing political winds."
Posted at 06:23 AM by Howard Bashman


"Despite Flawed Defense, a Death Sentence Stands": Adam Liptak has this article today in The New York Times. My earlier coverage appears at this link.
Posted at 06:22 AM by Howard Bashman


"Ex-Judges: Detainee Law Unconstitutional." The Associated Press provides a report that begins, "Seven retired federal judges from both political parties have joined dozens of Guantanamo Bay detainees in urging an appeals court to declare key parts of President Bush's new anti-terrorism law unconstitutional."

And The Washington Post reports today that "Detainees' Attorneys Ask Court to Allow Challenges."
Posted at 06:20 AM by Howard Bashman



"Life, liberty and property rights: Six state initiatives in the West aim to ride the wave of public sentiment against government seizures of private property. Sounds like a winner? Well, better read the fine print." Mary Zeiss Stange has this op-ed today in USA Today.
Posted at 06:17 AM by Howard Bashman


"Court's role could reduce China's executions; Policy known as ‘kill fewer, kill carefully'": This article appears today in USA Today.
Posted at 06:15 AM by Howard Bashman


"Can Religion-Affiliated Organizations Opt Out of Laws Mandating that If Their Employee Health Insurance Covers Prescription Drugs, It Must Also Cover Contraception? New York's Highest Court Says No." Marci A. Hamilton has this essay today at FindLaw.
Posted at 06:11 AM by Howard Bashman


Wednesday, November 01, 2006

"Court to reconsider huge tobacco lawsuit": Claire Cooper, legal affairs writer for The Sacramento Bee, provides a news update that begins, "The California Supreme Court said Wednesday it will consider reinstating a massive lawsuit to force the nation's leading tobacco companies to refund almost a decade's worth of proceeds from cigarette sales in the state."
Posted at 11:40 PM by Howard Bashman


"Ten Ways Blogs Boost a Law Firm's Image": Edward Poll has this essay online at law.com.
Posted at 11:38 PM by Howard Bashman


"Hecht joins state's top court": The Quad-City (Iowa) Times today contains an article that begins, "Gov. Tom Vilsack installed Daryl L. Hecht as the state’s 105th Supreme Court justice as friends and family watched him take oath of office and don his new robe in a solemn ceremony."
Posted at 11:37 PM by Howard Bashman


"Tydingco-Gatewood sworn in": The Pacific Daily News of Guam yesterday contained an article that begins, "Chief Judge Frances Tydingco-Gatewood, who was sworn in during a ceremony yesterday morning in the courtroom of the District Court of Guam, said she would like to strengthen the relationship between the federal and local court system on Guam, including joint training for court employees and the formation of joint task forces to track down fugitives and sexual predators."

Yesterday's newspaper also contained an editorial entitled "Kudos: Tydingco-Gatewood will do us all proud as District Court judge."
Posted at 11:34 PM by Howard Bashman



"High court questions Duke on pollution': The Charlotte Observer provides this news update.

Reuters reports that "US Supreme Court hears utility emission case."

Bill Mears at CNN.com provides a report headlined "Duke Energy dukes it out in Supreme Court; Company contends government pollution-control rule changes over past 25 years were 'arbitrary.'"

And MarketWatch reports that "Duke Energy defends plant upgrades before Supreme Court."
Posted at 11:32 PM by Howard Bashman



"Court wary of limit on punitive awards": Patti Waldmeir has this article today in Financial Times.
Posted at 11:22 PM by Howard Bashman


"From Bricks to Pajamas: The Law and Economics of Amateur Journalism." Law Professor Larry E. Ribstein has posted this article (abstract with link for download) at SSRN. The article's abstract begins, "Weblogs have proliferated rapidly in recent years, attracting significant attention and generating important legal issues. Yet there is so far no coherent economic framework for addressing these issues. This article begins to develop such a framework."
Posted at 06:35 PM by Howard Bashman


"The South Dakota Referendum on Abortion: Lessons from a Popular Vote on a Controversial Right ." Law Professor Dale A. Oesterle has this essay online at the Yale Law Journal's Pocket Part web site.

Also available online from the Pocket Part, Law Professor Richard L. Hasen has an essay entitled "Ending Court Protection of Voters from the Initiative Process."
Posted at 06:33 PM by Howard Bashman



"Detainees Challenge Military Trials Law": The AP provides this report.
Posted at 06:28 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Justices Question Clean-Air Plan" and "Supreme Court Ponders Retroactive Ruling."

The transcripts of today's U.S. Supreme Court oral arguments are available online here (Clean Air) and here (Crawford retroactivity).
Posted at 04:50 PM by Howard Bashman



Is the so-called "exclusionary rule" for unlawful searches and seizures too exclusionary? In an opinion issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, Circuit Judge Frank H. Easterbrook argues "yes." Nevertheless, the opinion recognizes that "whether to trim the exclusionary rule in this fashion is a decision for the Supreme Court rather than a court of appeals."
Posted at 03:54 PM by Howard Bashman


"This appeal presents the issue of whether a foreign state's offer of a reward in return for information enabling it to locate and capture a fugitive falls within the Foreign Sovereign Immunities Act's commercial activity exception to sovereign immunity. For the reasons that follow, we conclude that it does." So begins an interesting opinion that Circuit Judge Ed Carnes issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.

In the opinion, Judge Carnes writes: "Although our decision is not based on policy grounds, we think it worth noting that this is an instance in which the result the law requires coincides with good policy. Accepting Peru's position, dressed though it is in the clothing of sovereignty, would frustrate rather than further the ability of countries to carry out their sovereign functions. Anything that makes it easier for countries to welch on their promises to pay for information decreases the real value of any reward they offer and makes it less likely that an offer will be accepted. As Guevara has learned up to this point in the litigation, the promise of a multimillion dollar reward means little or nothing to an informant if the country offering the reward cannot be made to pay it. The holding Peru asks us to reach would jeopardize not only its vital interests but those of every country that offers rewards for information, including this country."

Today's decision reinstates a lawsuit filed in federal court in south Florida seeking recovery of a $5 million (USD) reward that the Republic of Peru had promised to pay for information leading to the capture of a fugitive from justice.
Posted at 03:25 PM by Howard Bashman



"Commentary: Crawford grows in stature?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:55 PM by Howard Bashman


"High Court Appears Reluctant To Alter Punitive-Damage Law; Several Justices Suggest Philip Morris's Appeal Be Returned to Lower Court": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 12:08 PM by Howard Bashman


"Withdrawing Consent in Maryland": This post appears today at the new law blog "Sex Crimes." My earlier coverage can be accessed at this link.
Posted at 10:55 AM by Howard Bashman


"Voter-ID case remains a mess as election nears": This article appears today in The Columbus Dispatch.

And The Cleveland Plain Dealer reports today that "Ohio voter ID law back in court today."

The U.S. Court of Appeals for the Sixth Circuit has now made its ruling yesterday on this subject, consisting of a separate opinion from each judge on the three-judge panel, available for download as a single PDF file.
Posted at 10:54 AM by Howard Bashman



"Reaching this new chapter in our death-penalty history, the majority decision cannot be reconciled with established precedent. It certainly fails the Constitution. This Court's seven to seven stalemate regarding the en banc petition, however, leaves this precarious decision intact." So writes Circuit Judge R. Guy Cole, Jr., in an opinion dissenting from an order denying rehearing en banc that the U.S. Court of Appeals for the Sixth Circuit issued today. A total of five judges joined in that dissent. Ordinarily, federal appellate courts do not reveal the precise vote by which a petition for rehearing en banc was granted or denied.

The original divided three-judge panel's ruling in the case from June 2006 can be accessed here.
Posted at 10:08 AM by Howard Bashman



"Supreme Court Hears Arguments in Air Pollution Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:04 AM by Howard Bashman


"Padilla Claims Military Gave Him LSD; So-Called 'Dirty Bomber' Accuses Government of Torture": ABC News provides this report.
Posted at 10:01 AM by Howard Bashman


"Justices support colleague at Kane defamation trial": The Chicago Tribune today contains an article that begins, "In a rare appearance as witnesses in a defamation trial, three Illinois Supreme Court justices and a former chief justice Tuesday rejected a newspaper's charges that a colleague inappropriately traded his vote for a political favor in a 2003 case."

The Chicago Sun-Times reports today that "Justices support chief in libel lawsuit; Columns called 'outrageous,' but testimony differs."

And The Kane County Chronicle reports that "Supreme Court notebooks, deposition examined."
Posted at 08:33 AM by Howard Bashman



"Full appeals court hears McDermott taped-call dispute": The Associated Press provides this report.
Posted at 08:30 AM by Howard Bashman


"Law dean is smart, sexy": This article appears today in The Yale Daily News.
Posted at 08:15 AM by Howard Bashman


"U.S. officials to seek return of sex offender": The Toronto Globe and Mail today contains an article that begins, "The case involving an American convicted sex offender at the centre of a cross-border row will be in court again as justice officials seek to have him serve his sentence in his own country instead of Canada."
Posted at 08:14 AM by Howard Bashman


"Pelosi's Unintelligent Choice": U.S. Rep. Alcee L. Hastings (D-FL), removed from office as a federal district judge as a result of congressional impeachment, is the subject of this op-ed by columnist Ruth Marcus in today's issue of The Washington Post.
Posted at 08:07 AM by Howard Bashman


"Kansas AG Gets Abortion Clinic Records": The AP provides this report.

The Kansas City Star today contains an article headlined "Abortion politics a part of attorney general race; Reports show spending of almost $500,000 in efforts to oust Kline."

And yesterday, The Star had a profile of Kansas Attorney General Phill Kline headlined "Arguments at high court level prevailed."
Posted at 07:55 AM by Howard Bashman



"Groups Defend Clinton-Era Air Program": The Associated Press provides this preview of the cases to be argued today in the U.S. Supreme Court.
Posted at 07:48 AM by Howard Bashman


In today's issue of The New York Sun: Josh Gerstein has an article headlined "New Battle Over Executive Privilege Is Looming in Washington" that begins, "A new executive privilege battle is looming in Washington as a federal appeals court considers whether to intervene in an election-eve dispute over records of visitors to Vice President Cheney's home at the Naval Observatory, as well as his offices in the White House complex."

Joseph Goldstein reports that "Debate Erupts Over Timing of Ruling On Gay Rites by Court in New Jersey."

And Thomas Bray has an op-ed entitled "Back to First Principles" that begins, "In 2003 the U.S. Supreme Court, in a split decision, ruled that the University of Michigan's undergraduate admissions systems amounted to an unconstitutional racial quota."
Posted at 07:38 AM by Howard Bashman



"What's The Matter With a False Arrest? The Supreme Court Considers the Statute of Limitations Defense." Sherry F. Colb has this essay today at FindLaw.
Posted at 07:33 AM by Howard Bashman


"High court debate could put cap on punishing jury awards; The outcome is likely to ride on justices Roberts and Alito, experts say": David G. Savage has this article today in The Los Angeles Times.

Today in USA Today, Joan Biskupic reports that "Supreme Court hears appeal of $79.5M judgment." In addition, the newspaper contains an editorial entitled "Let states regulate damages; Supreme Court treads on uncertain territory in curbing large payouts," while Robin S. Conrad has an op-ed entitled "Standards are essential; As lower courts fail to restrict outsized awards, ruling is needed."

And The Oregonian reports today that "High court weighs verdict in Oregon; The U.S. Supreme Court hears a smoker's case that could limit awards."
Posted at 06:48 AM by Howard Bashman







Related Blogs