Friday, December 21, 2007
Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained an audio segment entitled "Judge Weighs Legality of CIA Tapes' Destruction."
"Government appeals on speech-debate privilege": Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:10 PM by Howard Bashman
"The Next Supreme Court Justice?" Tom Goldstein had this essay yesterday in The Daily Journal of California.
Posted at 11:08 PM by Howard Bashman
"High court rules on child visitation; Having grandparents' rights trump parents' is unconstitutional": Today's edition of The Honolulu Star-Bulletin contains an article that begins, "A law that gives grandparents visitation rights to their grandchildren even if the parents object is unconstitutional, the Hawaii Supreme Court has ruled."
The newspaper also contains a related editorial entitled "Change law to modify grandparent visitation."
"Starcher won't seek another court term": The Charleston (W. Va.) Gazette today contains an article that begins, "State Supreme Court Justice Larry Starcher announced Thursday he would not run for re-election for another 12-year term, and will end his time on the court in January 2009."
"Phony grenade causes scare": The Seattle Post-Intelligencer today contains an article that begins, "What appeared to be a grenade addressed to Washington State Supreme Court Justice Richard Sanders turned out to be a novelty item, but it caused a scare when postal workers discovered it early Thursday."
Posted at 10:52 PM by Howard Bashman
"Chesapeake man convicted of child porn gets new trial": The Virginian-Pilot today contains an article that begins, "A federal appeals court ruled Thursday that a Chesapeake man convicted of possessing child pornography should have been given his Miranda warnings when 24 FBI agents showed up at his house with guns drawn to question him."
"Trouble in Paradise": The January 2008 issue of Vanity Fair magazine contains a lengthy article that the publication describes as follows, "Settled in 1790 by mutineers from the storied H.M.S. Bounty, Pitcairn Island is one of the British Empire's most isolated remnants, a mystical hunk of rock that was largely ignored until 1996. Then Pitcairn's secret was exposed: generations of rape and child molestation as a way of life. Delving into the South Pacific island's past, the authors chronicle its 10-year clash with the British legal system, which ripped apart a tiny society."
Posted at 08:50 PM by Howard Bashman
"EFF Protects Free Speech Rights for New Jersey Blogger; Judge Quashes Bogus Subpoena for Critic's Identity": Electronic Frontier Foundation today issued a news release that begins, "A Superior Court judge in New Jersey quashed a bogus subpoena for the identity of an anonymous blogger Friday, protecting the free speech rights of a critic writing about a local government controversy."
"[W]e hold that the Texas Supreme Court would likely adopt the single publication rule for Internet publications." A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit today issued this ruling affirming the dismissal of a defamation claim against The Dallas Morning News as time-barred.
The lawsuit was actually filed within the one-year statute of limitations that Texas applies to defamation actions, but then the plaintiff took too long to serve the complaint on the defendants, leading the court to conclude that the claim was untimely unless the continued online availability of the allegedly defamatory statements at the newspaper's web site constituted a continuing tort under the so-called "continuous publication rule." As have a lopsided majority of courts, the Fifth Circuit's ruling rejects the continuous publication rule for internet publications (or, more precisely, predicts that the Supreme Court of Texas would reject that rule).
"The Department of Justice has determined that it will not appeal the dismissal of the indictment in U.S. v. Stolt-Nielsen S.A. et al." So begins a press release that the U.S. Department of Justice issued today.
"Broad court inquiry on CIA tapes doubtful": Lyle Denniston has this post at "SCOTUSblog."
Posted at 03:05 PM by Howard Bashman
Nurses who don't want to be forced to receive a flu shot as a condition of working at their Seattle-based hospital win on appeal in the Ninth Circuit: Nurses willing to risk the well-being of their patients by avoiding a flu shot might not make the most sympathetic litigants, but they emerge victorious in this ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:48 PM by Howard Bashman
"Judge Seems Wary of Opening CIA Inquiry": The Associated Press provides a report that begins, "A federal judge appeared reluctant Friday to investigate the destruction of CIA interrogation videotapes while the Justice Department is conducting its own inquiry."
Posted at 12:33 PM by Howard Bashman
"Surrogate loses case involving triplets; Pennsylvania woman had no right to sever agreement, Ohio Supreme Court rules": This article appears today in The Columbus Dispatch.
The Cleveland Plain Dealer today contains an article headlined "Ohio Supreme Court: Surrogate mothers have no right to child if egg isn't theirs."
And The Associated Press provides a report headlined "High court: Contract voided surrogate mother's right to triplets."
"Investigators Seek More CIA Tapes": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:11 PM by Howard Bashman
Not only can't you attend a garlic festival in California, but you also can't be a prison guard in Connecticut: Motorcycle club members received more bad news today, as a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a lengthy opinion affirming the dismissal of claims brought by current or former employees of the Connecticut Department of Correction alleging that DOC officials violated plaintiffs' First Amendment and due process rights to freedom of expressive association and freedom of intimate association by disciplining them on account of their membership in, and their association with members of, the Outlaws Motorcycle Club.
You can access today's lengthy Second Circuit ruling at this link.
My most recent coverage of the Ninth Circuit's pending en banc reconsideration in Villegas v. City of Gilroy, a case that involves involves whether motorcycle club members have the right to wear clothing bearing their club's insignia while attending the Gilroy, California garlic festival, can be accessed at this link.
"Ex-bin Laden aide's trial set; A military judge set a trial date for Osama bin Laden's former driver; Later, the Pentagon swore out charges against the brother-in-law of a 9/11 hijacker": Carol Rosenberg has this article today in The Miami Herald.
And today in The Los Angeles Times, Carol J. Williams reports that "Military court gets OK to try Bin Laden's driver; The commission at Guantanamo has jurisdiction, a Navy judge says; The Yemeni is charged with conspiracy and material support to terrorism."
"Bonds' surgeon likely to testify at perjury trial, prosecutor says": The San Francisco Chronicle contains this article today.
The New York Times reports today that "Doctor May Testify if Bonds Goes to Trial."
And The Los Angeles Times reports that "Baseball affidavit is unsealed; Grimsley accuses Canseco, Dykstra and others of using steroids, but The Times' story last year contained inaccuracies about other players, including Clemens."
"Muslim rite of sacrifice collides with law; A farmer who sold goats and lambs to families to kill has been accused by N.C. officials of operating an illegal slaughterhouse": This article appears today in The Los Angeles Times.
And last Saturday, The Raleigh News & Observer published an article headlined "Mass lamb slaughter is halted; 250 Muslim families killing lambs at farm is a health risk, state says."
"Agency has home-court edge in next round; California's backers are confident, though the D.C. circuit leans right": Today in The Los Angeles Times, David G. Savage has an article that begins, "Environmentalists voiced confidence Thursday that California's bid to strictly limit greenhouse gases will survive a regulatory veto from the Bush administration, but the state's legal challenge first will have to go through an appeals court that tilts in favor of the federal government and industry."
Posted at 09:14 AM by Howard Bashman
"Judges to wait on criminal probe": The Galveston County Daily News today contains an article that begins, "The Judicial Council of the 5th Circuit Court of Appeals announced Thursday that it would await the outcome of a criminal investigation before deciding whether to discipline U.S. District Judge Samuel Kent more than it already has."
"CIA Seeks Investigation Of Ex-Officer's Claims; Waterboarding Statements Raise Concern": Today's edition of The Washington Post contains an article that begins, "The CIA has asked the Justice Department to investigate whether a former agency officer illegally disclosed classified information in describing the capture and waterboarding of an al-Qaeda terrorism suspect, officials said yesterday."
And The Los Angeles Times reports today that "Bush urges 'wait and see' on CIA tapes." The newspaper also contains an editorial entitled "Bush yields on CIA tapes: The White House agrees to cooperate in the CIA tape scandal after Congress and a judge put the hurt on it."
"U.S. Asks High Court to Nix 'Speech-or-Debate' Ruling; Justice Dept. Says It Makes Lawmakers Invulnerable": The Washington Post today contains an article that begins, "The Justice Department has asked the Supreme Court to overturn an appeals court decision limiting law enforcement searches of congressional offices, arguing that the sweep of the ruling last summer may kill ongoing public corruption investigations."
And The Times-Picayune of New Orleans reports today that "Feds lodge appeal over records; Jefferson testimony delayed until Jan. 16."
"Ouster fight starts for U.S. judge; Complaints against Porteous passed on": The Times-Picayune of New Orleans today contains an article that begins, "Gambling debts, false statements under oath, bank fraud and secret gifts from lawyers form the heart of an extraordinary impeachment referral that was lodged Thursday against U.S. District Judge Thomas Porteous Jr. An administrative panel of the 5th U.S. Circuit Court of Appeals in New Orleans barred Porteous from overseeing certain cases and sent its findings to the Judicial Conference of the United States, a national body led by Chief Justice John Roberts. If the conference agrees, the case would go to the U.S. House of Representatives to consider steps to remove Porteous from office."
"N.Y. Appeals Court Opens Door to 'Libel Tourism'": Today in The New York Sun, Joseph Goldstein has an article that begins, "New York's highest court has passed up an opportunity to protect American authors from the libel judgments of foreign courts. In a decision handed down yesterday, the Court of Appeals in Albany told a New York-based researcher that she could not use the courts here to challenge a British judgment ordering her to pay 30,000 British pounds -- more than $60,000 -- for defaming a Saudi billionaire. The case was a test of how New York's courts will respond to concerns that the First Amendment rights of American authors are undermined by libel judgments imposed abroad, especially in Britain."
And Publishers Weekly reports that "Appeals Court Rejects Ehrenfeld's Bid to Block 'Libel Tourism.'"
My earlier coverage of yesterday's ruling of the Court of Appeals of New York -- that State's highest court -- in Ehrenfeld v. Bin Mahfouz can be accessed at this link.
"Milberg Weiss Trial Will Not Move To New York, Judge Decides": Josh Gerstein has this article today in The New York Sun.
And law.com reports that "Milberg Weiss Trial to Remain in L.A., Judge Rules."
"New York Law on Stranded Passengers' Rights Is Upheld": The New York Times today contains an article that begins, "In a victory for air travelers, a federal judge in Albany upheld on Thursday a state law that would penalize airlines that fail to provide adequate services to passengers trapped on the tarmac for more than three hours."
And law.com reports that "Federal Judge Upholds 'Passenger Bill of Rights.'"
I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of New York.
"Friday Court Fight Over Blogger's Free Speech Rights; EFF Defends Anonymous Critic in New Jersey Lawsuit": Electronic Frontier Foundation has issued a news release that begins, "On Friday, December 21, at 10:30 a.m. ET, the Electronic Frontier Foundation (EFF) will urge a Superior Court judge in New Jersey to preserve the free speech rights of an anonymous blogger facing legal threats from local government officials. The blogger, writing as 'daTruthSquad' on a site hosted on Google's Blogspot service, has strongly criticized a controversial malpractice lawsuit filed by the township of Manalapan against its former city attorney. Despite having no evidence to back up its accusation that the blogger is actually the former attorney in the case, the township has subpoenaed Google for 'daTruthSquad's' identity, as well as for any emails, blog drafts, and other information Google has about the blogger."
The Newark Star-Ledger reported on the case late last month in an article headlined "Shielding face of N.J. blogger." The Asbury Park Press reported on the case late last month in an article headlined "Manalapan asks Google to reveal blogger ID; Advocacy group says it will fight subpeona."
And the local Greater Media Newspapers have reported extensively on the case in articles headlined "Manalapan case draws Google into the mix; Attorney wants search engine to reveal blogger's identity; Google says no"; "Foundation files motion to quash Google subpoena"; "Attorney clarifies who is working on civil action; Manalapan embroiled in cases vs. Google, and former town atty."; and "Attorney expects to file answer to town complaint." In addition, the newspapers' executive editor, Gregory Bean, had an op-ed headlined "Subpoena for blogger's identity on national stage."
"Apple Rumor Site to Shut Down in Settlement": The New York Times today contains an article that begins, "Apple on Thursday put to rest the last of a series of lawsuits it brought in a losing and costly effort to put a stop to Web leaks about its product plans. The suits raised questions about whether independent Web publishers should be accorded the same legal protections as traditional journalists."
The Los Angeles Times reports today that "After outing Apple for years, blog shuts down; Think Secret reportedly receives an undisclosed sum in a settlement with the iPod maker."
The San Francisco Chronicle reports that "Apple, blog settle suit; Think Secret closes, but won't name source."
The Boston Globe reports that "Website to be closed as part of deal with Apple."
Financial Times reports that "Bloggers bitter after site for Apple buffs is closed."
The New York Daily News reports that "Apple deletes Web site started by teen."
Reuters reports that "Popular Apple rumor Web site to shut down."
ComputerWorld provides a report headlined "Lawyer: Apple's the loser in ThinkSecret deal; Rumor site shuts down, but Apple was the one who blinked, says lawyer."
law.com reports that "Apple Deal Kills Blog That Leaked Product Information; Some say Apple sued hard to win little, but to others, shutting down a site with early product info is ominous development."
And Wired.com's "Epicenter" blog contains a post titled "Ciarelli Lawyer Says Apple is the Real Loser in Think Secret Deal."
"In Witness Killing, Prosecutors Point to a Lawyer": This article appears today in The New York Times.
Posted at 07:54 AM by Howard Bashman