“Civilian dragged into Randolph court martial”: The San Antonio Express-News today contains an article that begins, “In years past, Colorado Springs rape counselor Jennifer Bier deftly turned away defense attorneys who sought to subpoena notes from her therapy sessions with clients. Usually, she just wrote a polite letter explaining Colorado’s strict laws that protect therapist-client privilege and the lawyer would disappear. Then, one day early this year, the military came calling.”
The Associated Press reports today that “Airman’s Rape Trial Could Be Delayed.”
The Denver Post reports today that “Marshals confront therapist but make no arrest; The rape trial of a former AFA cadet begins today; The Springs therapist for the alleged victim refuses to turn over her records.”
The Rocky Mountain News reported yesterday that “Rape counselor’s fate in limbo; Therapist waits for arrest before taking next step.” Also, columnist Mike Littwin had an op-ed entitled “A developing picture no one really wants to see.”
And The Denver Post on Monday contained an article headlined “Therapist opts to skip high court – for now.”
In news from Mississippi: The Clarion-Ledger of Jackson today contains an article headlined “Teel nudged settlement price to Minor’s favor, lawyer testifies; Then-chancery judge gave opinion of what case was worth amid negotiations, attorney says.”
And The Biloxi Sun Herald reports today that “Attorney found Minor actions odd.”
“Arrests Follow Searches in Medical Marijuana Raids”: Thursday’s edition of The New York Times will contain an article that begins, “Federal agents executed search warrants at three medical marijuana dispensaries on Wednesday as part of a broad investigation into marijuana trafficking in San Francisco, setting off fears among medical marijuana advocates that a federal crackdown on the drug’s use by sick people was beginning.”
“9th Circuit Looks for Answers in Makeup Test”: Jeff Chorney has this article online at law.com. When the audio of today’s en banc oral argument becomes available at the Ninth Circuit’s web site, I will post a link to it.
“Judge’s statements spark controversy”: The News & Record of Greensboro, North Carolina today contains an article that begins, “The decision by local court officials to deny the use of the Quran for oaths has garnered national media attention and the scrutiny of a Washington-based Islamic civil rights group.”
“High Court set unreasonable standard”: This editorial appears today in The Allentown (Pa.) Morning Call.
“Court argues if employers can demand women wear makeup”: David Kravets of The Associated Press provides this report on a case argued today before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit.
“Defendants gain the right to attend all phases of a trial”: The Newark Star-Ledger today contains this article reporting on a decision that the Supreme Court of New Jersey issued yesterday.
“Appeals Court Tells S.E.C. to Reconsider Directors Rule”: This article appears today in The New York Times.
The Washington Post reports today that “SEC Mutual Fund Rule Is Rejected; Court Orders Review on Chairmen Independence.”
The Los Angeles Times reports that “SEC Ordered to Reconsider Rule; An appeals court tells the agency to examine the costs of requiring mutual funds to have independent chairmen.”
And The Boston Globe reports that “Court orders SEC to review independent-chairman rule; Fate of measure unclear as agency gets new chief.”
“O’Connor, Not Rehnquist? And Gonzales to replace O’Connor?” William Kristol has this essay online this evening at The Weekly Standard.
“The Lives of U.S. Chief Justices”: This segment (RealPlayer required) featuring Nina Totenberg appeared on this evening’s broadcast of NPR‘s “All Things Considered.”
“Reigning Supreme: Who should be the next pick for the nation’s High Court.” That’s the title of the cover story package of Reason magazine’s July 2005 issue, which has just become available online.
The issue contains the following items:
These items all appear to be worth a look.
“Strategic Planning: How the White House is trying to box in the Dems on Bolton and the Supreme Court; Plus, Rove hits the road in New Jersey.” Richard Wolffe and Holly Bailey have this essay online today at the web site of Newsweek magazine.
“Why Congress Must Reject Race-Based Government for Native Hawaiians”: The U.S. Senate‘s Republican Policy Committee today issued this paper analyzing S. 147, legislation that would result in the creation of the Native Hawaiian Government Reorganization Act of 2005.
“Ex-Attorneys General: Cut Convict’s Term.” The Associated Press provides a report that begins, “A day after U.S. Attorney General Alberto Gonzales defended mandatory federal sentencing laws, four of his predecessors filed a court brief Wednesday saying a Utah drug dealer received an unconstitutionally long prison term. More than 150 other ex-Justice Department officials also signed the ‘friend of the court’ brief with the 10th U.S. Circuit Court of Appeals, which seeks to overturn a 55-year sentence given to a man for carrying a pistol during a string of marijuana deals.”
The “Sentencing Law and Policy” provides more details about this case here.
“Judge Saad Deserves a Vote”: Marshall Manson has this essay online today at CNSNews.com (via “Bench Memos“).
“College dean not liable for trying to review student newspaper”: This article appears today in The Chicago Sun-Times.
The Pantagraph of Bloomington, Illinois reports today that “Court ruling hits college newspapers; B-N schools not worried yet.”
And The Daily Texan today contains an article headlined “Court ruling may imperil student papers; Illinois decision allows officials to read content before publication” and an editorial entitled “Court threatens student voice.”
Editorials available online from The Seattle Post-Intelligencer: Yesterday’s newspaper contained an editorial entitled “California Appeal: Judicial reform that’s not” that begins, “Congress will again consider splitting the 9th U.S. Circuit Court of Appeals because the nation’s largest circuit court is simply too big. But that’s really not the reason.”
And today’s newspaper contains an editorial entitled “Courthouse Shooting: Kudos and questions.”
How long should Duane Reade remain entitled to collect business interruption insurance benefits for loss of its World Trade Center drugstore in the 9/11 attacks? The U.S. Court of Appeals for the Second Circuit issued this decision today. Harvard Law Professor Charles Fried argued the case on behalf of the insurer-appellant.
The Story of Trademarking O: The U.S. Court of Appeals for the Second Circuit today issued a ruling in a trademark battle between producers of orange-flavored alcoholic beverages.
Incest isn’t best: A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has today issued a decision rejecting a state prisoner’s argument that Wisconsin’s incest statute is unconstitutional insofar as it seeks to criminalize a sexual relationship between two consenting adults.
Circuit Judge Daniel A. Manion wrote the majority opinion. And Circuit Judge Terence T. Evans added an opinion concurring in the judgment (see page 18 of the PDF file) in which he admits he doesn’t like “homosexual sodomy.”
Update: The quotation marks immediately preceding this update are meant to communicate that Judge Evans’s objection pertains to the term “homosexual sodomy”; he expresses no personal opinion on the act the term describes.
The Associated Press is reporting: An article reports that “Scalia Finds Reputation Under Scrutiny.”
And in other news, “House Approves Flag-Burning Amendment.” Today’s official roll call vote tally can be accessed here.
“PFA Launches First Comprehensive Campaign in Preparation for Potential Supreme Court Vacancy”: Progress For America Inc. has issued this press release today. The organization’s TV ad on the subject can be viewed at this link (QuickTime format).
“Battle readies over Rehnquist’s seat; A partisan PR storm is already building if the chief justice retires – a decision that could come as early as next week”: Linda Feldmann and Warren Richey will have this article in Thursday’s edition of The Christian Science Monitor.
“Court overturns sentences of two ex-HealthSouth execs”: The Birmingham News contains this article today.
And Reuters reports that “US Court Overturns Ex-HealthSouth Execs Sentences.”
You can access here and here yesterday’s unpublished opinions of the U.S. Court of Appeals for the Eleventh Circuit.
“Brian Leiter Trying To Out Juan Non-Volokh”: Eugene Volokh has this interesting post at “The Volokh Conspiracy,” and the post has led to some very interesting comments from readers of that blog. Thus far, none of the comments question whether the title of Eugene’s post is ungrammatical (Q.E.D.).
“Judge Wonders When Genital Mutilation Might Be OK; Judge Asks Whether Genital Mutilation Is Persecution”: Today in The Daily Journal of California, Peter Blumberg has a very interesting article that begins, “The always provocative 9th U.S. Circuit Court of Appeals Judge Alex Kozinski suggested during oral argument Tuesday that the practice of female genital mutilation in some African countries can’t be considered persecution if it’s ‘done for the good of the child.'”
You can download the audio (Windows Media format) from yesterday’s en banc rehearing before an eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit by right-clicking on this link and saving the audio file to your computer.
“It’s long past time to split . . . 9th Circuit”: This voice of the times essay appeared yesterday in The Anchorage Daily News.
“Seattle public schools urge race as admissions factor”: I first noted this report from David Kravets of The Associated Press here yesterday evening.
The audio from yesterday’s en banc oral argument of this case before an eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit is now available online. You can download the oral argument audio (Windows Media format) by right-clicking on this link and saving the audio file to your computer.
“Jury recommends Johnson be sentenced to death”: The Sioux City Journal contains this article today. According to this report from The Associated Press, the sentence could make this defendant “the first woman executed by the U.S. government since 1953.”
“Justices Host Hill Leaders; Meeting a Prelude to Vacancy?” Roll Call today contains an article (subscription required) that begins, “In a highly unusual move, all nine Supreme Court justices broke bread with Congressional leaders last week in a small, private meeting that appears to have had no agenda other than creating better relations between the two branches of federal government.”
“Hail, No: Changing the Chief Justice.” Edward T. Swaine, Associate Professor of Legal Studies at the Wharton School of the University of Pennsylvania, has this interesting article (abstract providing link to download) posted at SSRN (via “The Supreme Court Nomination Blog“).
“State courts win, for now; U.S. Supreme Court stops forum shopping”: The Sacramento Bee today contains an editorial that begins, “San Francisco’s San Remo Hotel, a residential hotel whose owners want to convert it completely to a tourist accommodation, is in the news again.”
“Supreme Court hears case on abortion waiting period”: The Indianapolis Star today contains an article that begins, “A 10-year legal battle over a state law requiring women to wait 18 hours before an abortion went to the Indiana Supreme Court on Tuesday.”
The Courier-Journal of Louisville, Kentucky reports today that “Suit challenges Indiana abortion law; 24-hour waiting period questioned.”
And The Evansville Courier & Press reports that “Abortion guideline challenged.”
You can view online yesterday’s oral argument before the Supreme Court of Indiana by clicking here (RealPlayer required).
“Capano challenges death penalty; Convicted murderer questions power of judge to impose maximum sentence”: The News Journal of Wilmington, Delaware today contains an article that begins, “Convicted killer Thomas Capano hopes to avoid execution by persuading the Delaware Supreme Court that the state’s death-penalty law is unconstitutional. In a 72-page brief made public Tuesday, Capano’s lawyer argues that the Superior Court judge in the 1998 trial could not impose a death sentence because only 11 of 12 jurors agreed an aggravating circumstance was involved in the 1996 killing of Anne Marie Fahey.”
