“Supreme Court to hear arbitration and patent cases”: Patti Waldmeir has this article in Tuesday’s edition of Financial Times.
Posted at 11:55 PM by Howard Bashman
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![]() Monday, June 20, 2005
“Supreme Court to hear arbitration and patent cases”: Patti Waldmeir has this article in Tuesday’s edition of Financial Times. Posted at 11:55 PM by Howard BashmanNinth Circuit Judge Alex Kozinski‘s dissenting opinion today in United States v. Sears made Sean Sirrine’s day: Details here at the blog “De Novo.” Posted at 11:50 PM by Howard Bashman“Lesbian gets custody; State Supreme Court says woman is the ‘psychological parent’ of the child”: Saturday’s edition of The Charleston Gazette contained an article that begins, “The West Virginia Supreme Court on Friday gave the lesbian partner of a deceased woman the parental rights over a 5-year-old child the two had been raising together.” You can access last Friday’s ruling of the Supreme Court of Appeals of West Virginia at this link. Posted at 11:34 PM by Howard Bashman“Quiet but Ambitious White House Counsel Makes Life of Law”: This profile of White House counsel Harriet Miers will appear Tuesday in The Washington Post. Posted at 11:22 PM by Howard Bashman“Putting the DMCA on trial”: Declan McCullagh provided this preview of a case argued today before the U.S. Court of Appeals for the Eighth Circuit (via Corante’s “The Importance of…” and “Copyfight“). You can access the oral argument audio by clicking here (RealPlayer required). [Update: Or, if you’d prefer the oral argument in MP3 format, Joe Gratz has posted it here.] Posted at 11:12 PM by Howard BashmanAvailable online from law.com: Asher Hawkins has an article headlined “Specter: Not Expecting High Court Vacancies.” Jeff Chorney reports that “Judicial Conference to Mull Unpublished Opinions.” And in other news, “Conn. Courthouse Shooting Shows Risks Faced by Divorce Attorneys.” Posted at 10:55 PM by Howard Bashman“Justices Overturn a Death Sentence, Citing an Inadequate Defense Counsel”: Linda Greenhouse will have this article Tuesday in The New York Times, along with an article headlined “At Docket’s End, Moses and Movie Studios.” And in Tuesday’s edition of The Washington Post, Charles Lane will have an article headlined “High Court Blocks Pa. Inmate’s Death Sentence.” Posted at 10:50 PM by Howard BashmanThe Associated Press is reporting: Now available online are articles headlined “Pryor sworn in to federal appeals bench” and “Justice Brown leaving top court at month’s end.” Posted at 10:45 PM by Howard Bashman“Supreme Court overturns death sentence, cites inadequate defense”: Stephen Henderson and Emilie Lounsberry of Knight Ridder Newspapers provide this report. Posted at 9:54 PM by Howard BashmanThe Associated Press is reporting: An article reports that “Police Kill Man at Seattle Courthouse.” In news from Vermont’s federal death penalty trial, “Lawyer All but Concedes Defendant’s Guilt.” An article headlined “Federal Appeals Court Limits Calif. Law” reports on this decision that the U.S. Court of Appeals for the Ninth Circuit issued today. And in Cobell v. Norton-related news, “American Indians Offer to Settle Suit.” Posted at 8:54 PM by Howard Bashman“U.S. Court of Appeals upholds censorship by Governors State University officials; Hazelwood standard can apply to public colleges as well as high schools, U.S. Court of Appeals for Seventh Circuit rules”: The Student Press Law Center issued this press release today, along with a press release entitled “Appeals court invites havoc says Student Press Law Center; Hosty v. Carter ruling opens door to censorship of college student expression.” Posted at 8:50 PM by Howard Bashman“Supreme Court Backs Government in Land Rights Case”: David G. Savage of The Los Angeles Times provides this news update. Posted at 6:04 PM by Howard BashmanTony Mauro is reporting: Now available online from law.com are news updates headlined “Justices expand doctrine while overturning death penalty case” and “High Court to Hear Case on 43-year-old Antitrust Precedent.” Posted at 5:08 PM by Howard Bashman“Shooting at federal courthouse”: The Seattle Post-Intelligencer provides a news update that begins, “Seattle police officers shot a man armed with a hand grenade several times today and apparently killed him in the lobby of the federal courthouse at Seventh Avenue and Stewart Street.” Posted at 5:05 PM by Howard Bashman“Specter: Supreme Court vacancy is not imminent.” Thomas Fitzgerald of The Philadelphia Inquirer provides a news update that begins, “Interest groups on the left and right are already poised in Washington for political warfare over the next Supreme Court nomination, but U.S. Sen. Arlen Specter said today that they probably will have to holster their weapons awhile. Chief Justice William Rehnquist, 80 and ailing from cancer, did not look like a man who is going to step down soon when he saw him at a luncheon with the congressional leadership last week, Specter said.” Posted at 5:00 PM by Howard Bashman“Appeals court to hear arguments on racial tiebreaker in Seattle schools”: The AP reports here that “Less than a week after a federal appeals court in Massachusetts upheld a school district’s voluntary desegregation plan there, the 9th U.S. Circuit Court of Appeals on Tuesday will consider a similar plan by the Seattle School District.” That will be one of the en banc cases in which the Ninth Circuit will be hearing oral argument this week in San Francisco. Posted at 4:45 PM by Howard Bashman“Supreme Court Sides With City in Land Case”: Gina Holland of The Associated Press provides this report. Posted at 4:40 PM by Howard Bashman“Man shot at federal courthouse in Seattle”: The Seattle Times provides this news update. And The Associated Press reports that “Suspect shot at Seattle federal courthouse.” Update: MSNBC just wrapped-up televising live a press briefing given by an FBI representative and Seattle’s police chief. According to the police chief, the suspect appears to have been killed in the shooting and was attempting to enter Seattle’s new federal courthouse carrying one or more explosive devices. Posted at 4:19 PM by Howard Bashman“Rehnquist Retire? Think Again.” Tony Mauro has this article online today at law.com. But just in case, the Judicial Confirmation Network offers this “Supreme Court Nominations Timetable” (via “Bench Memos“). Posted at 4:18 PM by Howard Bashman“US appeals court returns patent to Checkpoint”: Reuters provides this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 3:15 PM by Howard Bashman“Slate’s Jurisprudence: More Supreme Court Rulings.” This segment (RealPlayer required) featuring Emily Bazelon appeared on today’s broadcast of NPR‘s “Day to Day.” Posted at 3:14 PM by Howard Bashman“Specter says Rehnquist’s retirement not necessarily imminent”: The Associated Press provides a report that begins, “Chief Justice William Rehnquist doesn’t look like a man who is about to retire, Sen. Arlen Specter, chairman of the Senate Judiciary Committee, said Monday.” Posted at 2:58 PM by Howard Bashman“Bet here is new court won’t be southpaws”: Columnist Robert Robb had this op-ed yesterday in The Arizona Republic. Posted at 2:50 PM by Howard Bashman“The 100-0 Nominee? Who Cares.” That’s the subject of this week’s “Debate Club” feature online at legalaffairs.org. The participants in this week’s discussion are Wendy E. Long and Law Professor Stephen B. Presser. Posted at 2:40 PM by Howard Bashman“Justice Brown to Leave Supreme Court June 30; Procedures Clarified for High Court Actions”: The Judicial Council of California today has issued a press release that begins, “Justice Janice Rogers Brown, Associate Justice of the California Supreme Court, informed Governor Arnold Schwarzenegger in a letter last Friday, June 17, that her final day on the state’s high court will be Thursday, June 30, 2005.” On June 8, 2005, the U.S. Senate confirmed Justice Brown, by a vote of 56-43, to a lifetime post on the U.S. Court of Appeals for the D.C. Circuit. Posted at 2:30 PM by Howard BashmanTwo criminal law rulings of note today from the U.S. Courts of Appeals: Click here to learn who is more forgiving of police tampering with a search warrant — Ninth Circuit Judge Alex Kozinski or Ninth Circuit Judge William A. Fletcher. And what happens when a criminal defendant’s lawyer waives what turns out to be her client’s only winning issue on appeal by expressly abandoning it in the Reply Brief for Appellant but then seeks to revoke the concession after oral argument? A panel consisting of three stellar Seventh Circuit judges delivers this result. Posted at 2:25 PM by Howard Bashman“Top court won’t review sentencing guideline case”: James Vicini of Reuters provides this report. Posted at 2:20 PM by Howard BashmanAccess today’s ruling of the Supreme Court of California discussing the impact of Blakely and Booker on criminal sentencing in that State: Today’s decision can be accessed here. Posted at 1:28 PM by Howard BashmanEn banc U.S. Court of Appeals for the Seventh Circuit announces ruling in Hosty v. Carter: You can access today’s 7-4 ruling at this link. The Student Press Law Center previously referred to this case as “The Latest Battle for College Press Freedom.” A unanimous three-judge Seventh Circuit panel had ruled in favor of the student-plaintiffs in a decision you can access here, thereby affirming the federal district court’s ruling in the case. Today’s en banc majority reaches the opposite conclusion, holding that the U.S. Supreme Court‘s ruling in Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), applies in the setting of a university. Posted at 1:08 PM by Howard Bashman“Bench Warfare: The coming battle over President Bush’s Supreme Court nominee.” Duncan Currie has this essay in the June 27, 2005 issue of The Weekly Standard. Posted at 1:05 PM by Howard Bashman“Top court overturns death sentence”: James Vicini of Reuters provides this report. And The Associated Press reports that “High Court Rejects Telecom Rail Appeals.” Posted at 12:20 PM by Howard BashmanA list of the final twelve argued cases that remain pending for decision this Term before the U.S. Supreme Court: Here’s an update of the list I published Saturday, subtracting the decisions that the Court issued this morning. The argued cases yet to be decided this Term are listed in order of oral argument, with the case argued longest ago listed first:
The Supreme Court will next issue decisions in argued cases on Thursday, June 23, 2005. Posted at 12:00 PM by Howard Bashman“W.House mum on possibility of Rehnquist retirement”: Reuters provides this report. Posted at 11:22 AM by Howard BashmanToday’s U.S. Supreme Court Order List and opinions in argued cases: The Supreme Court of the United States today issued decisions in the following six argued cases: 1. Rompilla v. Beard, No. 04-5462. Justice David H. Souter delivered the opinion of the Court, and the judgment under review was reversed. You can access the syllabus here; Justice Souter’s opinion here; Justice Sandra Day O’Connor’s concurring opinion here; Justice Anthony M. Kennedy’s dissenting opinion here; and the oral argument transcript here. 2. Dodd v. United States, No. 04-5286. Justice O’Connor delivered the opinion of the Court, and the judgment under review was affirmed. You can access the syllabus here; Justice O’Connor’s opinion here; Justice John Paul Stevens’ dissenting opinion here; Justice Ruth Bader Ginsburg’s dissenting opinion here; and the oral argument transcript here. 3. San Remo Hotel v. San Francisco, No. 04-340. Justice Stevens delivered the opinion of the Court, and the judgment under review was affirmed. You can access the syllabus here; Justice Stevens’ opinion here; Chief Justice William H. Rehnquist’s opinion concurring in the judgment here; and the oral argument transcript here. 4. Graham County Water Dist. v. United States. Justice Clarence Thomas delivered the opinion of the Court, and the judgment under review was reversed and remanded. You can access the syllabus here; Justice Thomas’s opinion here; Justice Stevens’ opinion concurring in the judgment here; Justice Stephen G. Breyer’s dissenting opinion here; and the oral argument transcript here. 5. American Trucking Ass’ns v. MI Public Service Comm’n, No. 03-1230. Justice Breyer delivered the opinion of the Court, and the judgment under review was affirmed. You can access the syllabus here; Justice Breyer’s opinion here; Justice Antonin Scalia’s opinion concurring in the judgment here; Justice Thomas’ opinion concurring in the judgment here; and the oral argument transcript here. 6. Mid-Con Freight Sys. v. MI Public Service Comm’n, No. 03-1234. Justice Breyer delivered the opinion of the Court, and the jugdment under review was affirmed. You can access the syllabus here; Justice Breyer’s opinion here; Justice Kennedy’s dissenting opinion here; and the oral argument transcript here. By my unofficial count, this leaves twelve other argued cases yet to be decided, because my earlier count of seventeen undecided cases listed the fifth and sixth cases above as a single entry. Today’s Order List can be accessed here. The Court granted review in two cases today. The case of Scheidler v. National Organization for Women, Inc., which I previewed here, remains pending. In early press coverage, Hope Yen of The Associated Press reports that “High Court Orders New Death Penalty Trial.” The AP also reports that “High Court Declines to Rule on Sentencing” and “High Court Won’t Hear Suit Over Police OT.” And Bloomberg News reports that “Child Pornography Prosecution Revived by U.S. Supreme Court.” At “SCOTUSblog,” Lyle Denniston offers reports on today’s rulings and orders here and here, respectively. The Court will next issue opinions in argued cases on Thursday, June 23, 2005. Posted at 10:00 AM by Howard BashmanJust say Noe: The Toledo Blade today contains an article headlined “Judges mull options for returning Noe donations; For many, state rules limit any action until next primary.” Posted at 9:48 AM by Howard Bashman |
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