Today’s rulings of note from the U.S. Court of Appeals for the Eighth Circuit: Those with an interest in the operation of the Missouri River system are in luck, as today the court released two separate opinions (see here and here) captioned In re: Operation of the Missouri River System Litigation.
In a separate ruling, today the court rejected former Arkansas Governor Jim Guy Tucker’s latest efforts to overturn his federal tax-related criminal convictions.
And in today’s final ruling of note, the court rules that “We agree with the district court that a presumption of delivery should apply to e-mails.” Nevertheless, because several attorneys failed to receive via email notice of the federal district court order whose issuance started the time in which to appeal, the appellate court has remanded the case for an evidentiary hearing to determine whether the time in which to appeal should be reopened.
“Shaping the court in their image:A right-wing telecast spreads misinformation about federal judges and shows a desire to weaken Supreme Court.” This editorial appears today in The Oregonian.
“Roberts criticized equal pay decision; ‘Comparable worth’ theory ridiculed”: Jan Crawford Greenburg and Naftali Bendavid have this article today in The Chicago Tribune.
In commentary from The New York Times: Today’s newspaper contains an editorial entitled “Justice Sunday Reloaded.”
And Bob Dole has an op-ed entitled “The Underprivileged Press.”
“Law Firm Sanctioned for Forest Service Suit; Judge orders developer’s lawyers to pay $267,000 for a ‘frivolous’ action against federal workers”: Henry Weinstein has this article today in The Los Angeles Times.
“Strictly Judicious: Are strict constructionists anti-civil rights?” Peter Kirsanow has this essay today at National Review Online.
“Memo Cited ‘Abortion Tragedy’; Roberts Backed Service for Fetuses”: This front page article appears today in The Washington Post, which also contains an article headlined “Young Roberts To King of Pop: Request Denied.”
In The Los Angeles Times, David G. Savage and Henry Weinstein report today that “Files From Roberts’ Reagan Years Are Released; The nominee supported keeping records secret, prayer in schools and an antiabortion cause.”
In USA Today, Joan Biskupic and Toni Locy report that “Roberts scoffed at equal-pay theory; In 1984 memo, he called idea ‘radical.’” The newspaper also reports that “Tour targets ‘moderate’ Dems.”
Newsday reports that “Nominee Roberts, in ’84, called equal pay for women ‘radical.’”
In The New York Sun, Josh Gerstein has an article headlined “How Roberts Set A Collision Course With Maine’s Snowe.”
The Portland Press Herald reports that “1984 memo by Roberts was critical of Snowe.”
In The Boston Globe, Charlie Savage reports that “Roberts papers hint at his views on church-state issue.”
In The Pittsburgh Post-Gazette, Michael McGough reports that “Roberts backed efforts to allow silent prayer in schools; Memos from 1980s released.”
The Washington Times contains articles headlined “Nominee supported prayer in schools, documents show” and “Roberts started on path to success at young age.”
In commentary, The Houston Chronicle contains an editorial entitled “Wrong about Roberts: NARAL damaged cause, credibility with ad.”
The San Antonio Express-News contains an editorial entitled “Aimed at court nominee, gutter-level ad backfires.”
USA Today contains an editorial entitled “Will Roberts leave you alone? His legal record raises questions on whether he accepts right to privacy.” And Bruce Fein has an op-ed entitled “Respect the Constitution: Supreme Court should correct its mistake in creating privacy right.”
From The Boston Globe, columnist Derrick Z. Jackson has an essay entitled “Religious right bashes the courts,” while columnist Joan Vennochi has an op-ed entitled “Abortion’s changing landscape.”
In The Washington Times, David Limbaugh has an op-ed entitled “Judicial activism vapors.”
In The Philadelphia Daily News, Carol Towarnicky has an op-ed entitled “Does privacy still matter?”
And FindLaw commentator Elaine Cassel has an essay entitled “If Judge John Roberts Takes Sandra Day O’Connor’s Seat, How Will the Supreme Court’s Death Penalty Jurisprudence Change?”
“Roberts’s Files Recall 80’s Cases”: Linda Greenhouse will have this article Tuesday in The New York Times.
“Roberts Unlikely To Face Big Fight; Many Democrats See Battle as Futile”: This front page article will appear Tuesday in The Washington Post.
“Roberts Files Are Released by Reagan Library”: David G. Savage and Henry Weinstein of The Los Angeles Times provide this news update.
“Justice as FAIRness”: At “PrawfsBlawg,” Paul Horwitz links here to two newly posted academic papers related to the Solomon Amendment case, which is now pending before the U.S. Supreme Court.
“New Judge Requested in Indian Trust Case”: The Associated Press provides this report. You can access at this link the motion that the U.S. Department of Justice filed today in the U.S. Court of Appeals for the D.C. Circuit.
“Workplace Romance”: Today’s broadcast of the public radio program “On Point” included a segment described as follows:
Until now, sexual harassment seemed like a simple matter. If a supervisor behaved inapproriately with an employee, that employee could sue.
But a California court just broadened the rules to include “sexual favoritism.” That means employees can sue if other employees are having sex with the boss and getting preferential treatment.
Could this spell the end of all office romance? We’ll look at the significance of the ruling and hear some sordid stories from the workplace.
You can hear the segment online by clicking here (RealPlayer) or here (Windows Media).
“Roberts defended school prayer, documents show”: Ron Hutcheson of Knight Ridder Newspapers has this article.
“New documents show Roberts’ views on school prayer, abortion, courts”: CNN.com provides this report.
“Roberts’ Papers Reflect His Working Style”: This segment (RealPlayer required) featuring Nina Totenberg appeared on this evening’s broadcast of NPR‘s “All Things Considered.”
“Online Lessons on Unprotected Sex”: Law Professor Andrew J. McClurg has this op-ed today in The Washington Post.
“Del. prayer ruling may become model”: This article appears today in The News Journal of Wilmington, Delaware. You can access the recent ruling of the U.S. District Court for the District of Delaware at this link.
“Washington state awaits ‘marriage’ ruling”: This article appears today in The Washington Times, the one newspaper that reliably employs scare quotes when the subject turns to same-sex marriage.
“Durbin offered proof of column”: The Washington Times today contains an article that begins, “A law professor who used Senate Minority Whip Richard J. Durbin as a source for a column last month about federal Judge John G. Roberts Jr. — a column that Mr. Durbin later disputed — has a taped phone message that he says proves the accuracy of his reporting.”
“Town may have to pay $65,000; Great Falls fighting lawyer fees after losing case to Wiccan priestess”: This article appeared yesterday in The Charlotte Observer.
Building rented as a frat house is sufficiently “used in interstate commerce” so as to subject rival frat members who set fire to the building to prosecution for the federal crime of arson: At SUNY Cortland, apparently the Deltas don’t much like the Kappas. So when the Deltas lost their frat house to the Kappas, the Deltas viewed the situation as intolerable. What followed gave rise to this interesting criminal law ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Sign code of Bryan, Texas isn’t unconstitutional despite anti-abortion protesters’ dissatisfaction with it, Fifth Circuit holds: Today’s ruling of the U.S. Court of Appeals for the Fifth Circuit can be accessed at this link.
“We must decide whether the creators of the yet-unproduced film The Minotaur are collaterally estopped from pursuing a copyright infringement claim against the producers of Terminator II.” So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. Fortunately for fans of copyright litigation everywhere, today’s decision reverses the trial court’s dismissal of the copyright infringement claim.
“Roberts Backed Efforts for School Prayer”: Hope Yen of The Associated Press provides this report.
“Senate legal staffers burning midnight oil”: This article appears today in The Chicago Tribune.
“Judge John Roberts’ Supreme Court Oral Arguments”: By clicking here (RealPlayer required), you can view online this past Saturday’s broadcast of C-SPAN‘s “America & the Courts.”
“Florida Supreme Court Says Ruling Not Leaked”: law.com provides this report.
“Christian Telecast Educates Faithful on High Court”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”
“Spy retrial brings out Cuban exiles’ restraint; Five overturned convictions disappoint in Miami, but newfound patience has prevailed”: The St. Petersburg Times contains this article today.
“The Judge Report: John Roberts is either a mad bomber of abortion clinics or a homo-tastic friend of the sodomite.” This segment (Windows Media) recently appeared on “The Daily Show with Jon Stewart” (via “Bench Memos“).
“Honduran businessman wages battle to win his freedom”: Yesterday’s issue of The Mobile Register contained an article that begins, “Today, David Henson McNab sits in a federal prison outside of Memphis, Tenn., about midway through an eight-year and one-month sentence for crimes in Honduras that the Honduran government now insists he did not commit. Four years later and 30 pounds lighter, his regular appeals exhausted, McNab has returned to the same federal court in Mobile where he was convicted in a lobster smuggling case that drew national attention.”
“Rulings Trim Legal Leeway Given Medicaid Recipients”: The New York Times today contains an article that begins, “In a series of rulings, federal judges are limiting the ability of poor people to turn to the courts to fight for Medicaid benefits to which they believe they are entitled.”
“A supreme honor: Since his days at Tom C. Clark High School, Evan Young has eyed the U.S. Supreme Court; now he works with its justices.” This article appears today in The Houston Chronicle.
Available online from The Los Angeles Times: Today’s newspaper contains articles headlined “Coverage of Big Awards for Plaintiffs Helps Distort View of Legal System; In most such cases, the verdicts are either later rejected or the amounts are severely lowered” and “Standing on the Shoulders of Perjury Law.”
And in yesterday’s newspaper, Matt Welch had an op-ed entitled “The left’s eyeing your home.”
