Wednesday, November 21, 2007
"Number of Orthodox Court Clerks Jumps Thanks to Scalia": The Forward today posted online an article that begins, "While Jews in general have been well represented among the Supreme Court's clerks in recent decades, the same cannot be said of the Orthodox. Court watchers say you can count on one hand the number of Orthodox Jews who have served as clerks, but that figure will see a significant jump in 2008, when Harvard Law graduates Moshe Spinowitz, 28, and Yaakov Roth, 23, join the staff of Associate Justice Antonin Scalia."
Posted at 11:14 PM by Howard Bashman
"US court to rule on right to possess guns": This article appears in Thursday's edition of The Guardian (UK).
Posted at 11:07 PM by Howard Bashman
"Judges OK prosecutions for fetal murder; Separate ruling limits Miranda rights of prisoners": Chuck Lindell will have this article Thursday in The Austin American-Statesman.
Today's ruling of the Texas Court of Criminal Appeals -- that State's highest court in criminal cases -- consists of a majority opinion and two concurring opinions (here and here). And you can access the other documents filed on appeal via this link.
"High court: Public defenders need not release records; Ruling orders 2 attorneys to jail, settles dispute between judges." The Atlanta Journal-Constitution provides a news update that begins, "The Georgia Supreme Court Wednesday said the statewide public defender system does not have to release records detailing its spending on death penalty cases to the lawyers in one of those capital cases."
"Should Fertilized Eggs Have Rights?" Time magazine's web site today has posted online an article that begins, "If Colorado for Equal Rights for Human Life and other anti-abortion groups can wrangle 76,000 signatures in the next six months, theirs could be the first state in the nation to vote on whether a fertilized egg should legally be considered a person."
Posted at 10:53 PM by Howard Bashman
"Chastang case goes to the top; U.S. Supreme Court agrees to review appointment and removal of former Mobile County commissioner": This article appears today in The Mobile Press-Register.
Posted at 10:50 PM by Howard Bashman
"Paterno's salary on public record, top Pa. court rules": Today's edition of The Philadelphia Inquirer contains an article that begins, "In a decision reaffirming the public's right to know how state money is spent, the Pennsylvania Supreme Court ruled yesterday that the state retirement system must disclose the salary of legendary football coach Joe Paterno."
The Harrisburg Patriot-News reports today that "Paterno's salary is public, Supreme Court rules."
The Pittsburgh Post-Gazette reports that "Ruling to unveil Paterno's paycheck."
The Pittsburgh Tribune-Review reports that "Retirement agency must reveal Paterno's salary."
And The Morning Call of Allentown, Pennsylvania contains an editorial entitled "Ruling on famous football coach's pay is about public's right to know."
"Lawyer approved as appellate court judge": The Honolulu Star-Bulletin contains this article today.
"Supreme Court Agrees to Hear Gun Control Case": This segment (transcript with links to audio and video) featuring Marcia Coyle appeared on yesterday's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 08:50 PM by Howard Bashman
"Ga. court overturns restrictions on where sex offenders live": The Atlanta Journal-Constitution provides a news update that begins, "The Georgia Supreme Court on Wednesday declared unconstitutional a provision of a 2006 state law that prohibits registered sex offenders from living within 1,000 feet of day care centers, schools, churches and other places where children congregate. In striking down the residency restrictions, the justices said they can amount to an 'illegal taking' because they force sex offenders who are homeowners to abandon their homes if a place where children congregate is suddenly built nearby."
"Supreme Court Takes On 'Me, Too' Age Bias; One of four critical age bias cases set for high court review": Marcia Coyle has this article in the current issue of The National Law Journal.
Posted at 08:34 PM by Howard Bashman
"Supreme Court asked to hear Utah commandments case": This article appears today in The Deseret Morning News. In this post from yesterday evening, I linked to the cert. petition and the Tenth Circuit's rulings in the cases.
Posted at 05:15 PM by Howard Bashman
"Judge OKs crosses as trooper memorials; Federal judge rules they have a secular meaning": Geoffrey Fattah has this article today in The Deseret Morning News.
And The Salt Lake Tribune reports today that "Judge rebuffs atheists' protest, rules UHP memorial crosses can remain."
I have posted online at this link yesterday's ruling of the U.S. District Court for the District of Utah. An appeal from that ruling to the U.S. Court of Appeals for the Tenth Circuit is expected to follow.
"The government and gun rights": Lyle Denniston has this commentary at "SCOTUSblog."
Posted at 12:00 PM by Howard Bashman
"News Organizations Say Access Limited": Pete Yost of The Associated Press has an article that begins, "Five news organizations complained Wednesday that they are being denied access to much of the military commission proceeding against a Canadian terror suspect. Various arguments in the case of Omar Khadr at Guantanamo Bay, Cuba, are apparently made via e-mail - a communications channel to which the public has no access - and issues apparently are being raised in closed sessions for which no transcripts or summaries are available, the news organizations, including The Associated Press, wrote in a filing."
Posted at 11:57 AM by Howard Bashman
"Ga. Court Overturns Sex Offender Law": The Associated Press provides a report that begins, "Georgia's top court overturned a state law Wednesday that banned registered sex offenders from living within 1,000 feet of schools, churches and other areas where children congregate."
Second Circuit affirms $1 billion punitive damages award against the Uzan family of Turkey: You can access today's ruling, by a unanimous three-judge panel, at this link.
In August 2003, The New York Times reported that "Motorola Wins $4 Billion in Dispute Over Loans to Turkish Family." And in February 2004, the newspaper reported that "Turkish Family Loses Again in Phone Case." Additional background on the Uzan family of Turkey appears in this article that Time magazine published in July 2003.
Perhaps you'd like some Meat Loaf on the day before Thanksgiving? If so, the U.S. Court of Appeals for the Sixth Circuit is glad to oblige. Today a divided three-judge panel of that court issued this decision affirming a jury's award of over $5 million against Sony Music Entertainment, Inc., on a breach of contract claim arising from the distribution of four Meat Loaf albums.
But for those who would prefer to read an appellate court ruling about Cordozar Calvin Broadus, Jr. over an appellate court ruling about Michael Lee Aday, a separate three-judge Sixth Circuit panel today issued this ruling, which involves not only Snoop Dogg (whose name the Sixth Circuit initially spells with only one "g") but also the P-Funk All Stars. Of course, any mention of Snoop Dogg cannot help but bring to mind my post from June 5, 2003 titled "Shizzle my nizzle: lyrics leave judge lost for words."
"Lawyers seek help in Britain for 'child soldier' at Guantanamo": This article appeared Monday in The Times of London.
Posted at 09:44 AM by Howard Bashman
"Court to hear gun case; Supreme Court will decide on D.C. ban": James Oliphant and Michael J. Higgins have this article today in The Chicago Tribune.
The Telegraph (UK) reports today that "US Supreme Court to review right to own guns."
Thursday's edition of The Sydney Morning Herald reports that "US court to bite the bullet over gun law."
And at National Review Online, Timothy Wheeler has an essay entitled "One for the Second: The American Academy of Pediatrics is using worn-out rhetoric," while the pseudonymous "David Kahane" has an essay entitled "Circuit Breaker: Democracy is the Supreme Court."
"Conviction for Standing in Times Sq. Is Overturned": Today's edition of The New York Times contains an article that begins, "The Court of Appeals, New York State's highest court, threw out the conviction yesterday of a man who was arrested for standing and not moving on a Times Square corner in 2004. The man, Matthew Jones, was on the corner of 42nd Street and Seventh Avenue in the early morning of June 12, 2004, chatting with friends as other pedestrians tried to get by."
"Government Secrecy May Lead to New Trial In Va. Terrorism Case": Today in The Washington Post, Jerry Markon has an article that begins, "A federal judge criticized the government's secrecy yesterday in the case of a prominent Muslim spiritual leader from Fairfax County who was convicted on terrorism charges, and she threatened to grant a new trial if the government doesn't share information about the Bush administration's terrorist surveillance program. U.S. District Judge Leonie M. Brinkema in Alexandria said her skepticism in the case of Ali al-Timimi stems from government misinformation in another major terrorism prosecution: that of convicted Sept. 11 conspirator Zacarias Moussaoui. Federal prosecutors recently revealed that the CIA had told Brinkema that the interrogations of enemy combatant witnesses in Moussaoui's trial had not been audiotaped or videotaped, when they had. The judge called the factual error 'a mess' yesterday but indicated it probably would not affect Moussaoui's guilty plea or life prison term."
And The New York Times reports today that "Wiretap Issue Leads Judge to Warn of Retrial in Terror Case."
"Ruling Will Cripple Probes Of Lawmakers, U.S. Says": The Washington Post today contains an article that begins, "A little-noticed aspect of an appellate court decision could sharply limit investigations of members of Congress and hamper ongoing corruption probes, the Justice Department said this week in a motion seeking an emergency stay of the ruling. The decision by the U.S. Court of Appeals for the District of Columbia Circuit was handed down in August in the case of Rep. William J. Jefferson (D-La.), but its effects complicate other investigations, including those stemming from the Jack Abramoff lobbying scandal."
"New Jersey Senator Urges Delay on Repeal of Death Penalty": The New York Times contains this article today.
The Newark Star-Ledger today contains an article headlined "A last-ditch appeal to keep death penalty; Pair urge life in prison with no chance of parole."
And The Express-Times of Easton, Pennsylvania reports that "Lawmakers wrestle with death penalty; Vote set for Dec 13; Some want to refine law despite recommendations to abolish practice."
Meanwhile, in death penalty news pertaining to California, The Los Angeles Times reports that "Plan to speed death penalty reviews seen as just one step; The proposal to spread the state high court's burden draws praise; But cutting the shortage of lawyers who handle appeals is also viewed as vital."
"Wal-mart's lawsuit: legal, but wrong; The retail giant's pursuit of funds paid to a severely injured former employee puts hardship on a family." This editorial appears today in The Los Angeles Times. The editorial's topic was the subject of a front page article that appeared in yesterday's issue of The Wall Street Journal.
Posted at 08:52 AM by Howard Bashman
"Supreme Court to hear challenge of union-backed California law; The law prohibits employers from using state funds in attempts to dissuade workers from joining unions": David G. Savage has this article today in The Los Angeles Times.
And Bob Egelko of The San Francisco Chronicle reports today that "U.S. high court to review state law on anti-union spending."
"Justices Will Decide if Handgun Kept at Home Is Individual Right": Linda Greenhouse has this article today in The New York Times. In addition, the newspaper contains an editorial entitled "The Court and the Second Amendment."
Today in The Washington Post, Robert Barnes has a front page article headlined "Justices To Rule On D.C. Gun Ban; 2nd Amendment Case Could Affect Laws Nationwide."
David G. Savage of The Los Angeles Times reports that "Supreme Court to rule on right to keep handguns at home; Justices will review an appeals court decision that struck down a 31-year-old Washington D.C., ban on pistols."
In USA Today, Joan Biskupic reports that "Justices take on 2nd Amendment; It would be first time high court directly interprets right to bear arms."
Jess Bravin of The Wall Street Journal reports that "Justices to Weigh Handgun Ban; Supreme Court Decision On a D.C. Ordinance Is Likely Amid Election Run."
In The New York Sun, Joseph Goldstein reports that "Justices Take Up Issue of Gun Ownership Rights."
And The Washington Times reports that "Court agrees to consider D.C. gun ban." In addition, the newspaper contains an editorial entitled "Tackling the gun debate head-on."
"Democrats Move to Block Bush Appointments": This article, about a plan to prevent recess appointments, appears today in The New York Times.
"Law Firm Seeks Hefty Fee Payout For Enron Suit": The Wall Street Journal today contains an article that begins, "A San Diego law firm founded by trial lawyer William Lerach is seeking nearly $700 million in legal fees for itself and other plaintiff lawyers for work on the Enron Corp. securities litigation, according to a filing yesterday in federal court in Houston."
Posted at 08:05 AM by Howard Bashman
"Thanksgiving and the Federal Courts: The Recent Choices by and Regarding the Courts For Which We Should Truly Be Grateful." Carl Tobias has this essay online today at FindLaw.
Posted at 07:48 AM by Howard Bashman