“Like the wheels on a bus, this issue has gone round and round the bankruptcy courts.” The U.S. Court of Appeals for the Fifth Circuit yesterday issued an opinion (posted online today) that begins:
This case concerns the classification of a school bus under the Louisiana statute that outlines exemptions available in a bankruptcy. Specifically, the question is whether a school bus is a tool or a motor vehicle under the state’s exemption statute. Like the wheels on a bus, this issue has gone round and round the bankruptcy courts. For the reasons stated below, we hold that a school bus is a motor vehicle under Louisiana’s exemption statute.
Circuit Judge Fortunato P. Benavides is the opinion’s author.
Attorney’s willful failure to pay income taxes did not justify order disbarring him from practice in the U.S. District Court for the Eastern District of Virginia, Fourth Circuit panel rules: Today’s ruling of the U.S. Court of Appeals for the Fourth Circuit — holding that willful failure to pay income taxes is not a “serious crime” — can be accessed here.
“Adult store gives up 6-year fight; The city said Christal’s was in a prohibited area; Its owners lost a U.S. Supreme Court ruling in 2004 but kept fighting; Mounting fines apparently led to the closure”: The Denver Post contains this article today. The U.S. Supreme Court‘s ruling from June 2004 can be accessed here.
“Flour in condoms sent her to jail; A college student spent 3 weeks in jail after a field test said she was carrying drugs; She filed a lawsuit”: This article appears today in The Philadelphia Inquirer.
“The Professor of Terror: Why Sami al-Arian got off this time.” Ronald Radosh has this essay in the January 2, 2006 issue of The Weekly Standard.
“Hunt is on for the blawgger of Ealing; An anonymous London magistrate is lifting the lid on what the courts are really like”: The Times of London today contains this article reporting on the blog “The Law West of Ealing Broadway.” The article begins, “It is a question that is exercising some of Britain’s greatest legal minds: who is the blogging magistrate from West London baring almost all in his online diary?” The article closes with a note recounting the story of Article III Groupie and the now-defunct “Underneath Their Robes” blog.
“Disability act raised in capital case; Condemned inmate’s lawyers raise novel angle in appeal to governor”: The Sacramento Bee today contains an article that begins, “State executioners will be violating the Americans with Disabilities Act if they make the aged and infirm Clarence Ray Allen walk the final steps to his death, the condemned murderer’s attorneys say.”
Death and taxes: Back in September 2004, “TaxProf Blog” had a post titled “District Court Stops Sale of ‘Tax Toolbox.’” Today the “Tax Toolbox” is one step closer to death as the U.S. Court of Appeals for the Sixth Circuit has issued a ruling affirming the permanent injunction that prohibits its creator from promoting, marketing or selling the program. Some additional information is available in this USDOJ press release from September 2004.
Colorado-based federal district judge preliminarily enjoins certain federal regulations imposing record-keeping requirements on the producers of pornography: The Free Speech Coalition has issued a press release entitled “Judge Miller Has Issued a Ruling on Plaintiff’s Motion for a Preliminary Injunction in Free Speech Coalition v. Gonzales.”
You can access yesterday’s ruling of the U.S. District Court for the District of Colorado at this link. Adult Video News reports that “Judge Rules in Favor of Industry On 2257 Case.” And The Associated Press provides additional coverage.
“New Papers Released on Supreme Court Nominee Alito”: This segment (RealPlayer required) featuring Tom Goldstein appeared on today’s broadcast of NPR‘s “Morning Edition.”
“Judge Alito and Executive Power”: At “Balkinization,” Sandy Levinson has a post this morning that begins, “Samuel Alito may turn out, perhaps fortunately for the rest of us, to be a victim of cruel fate, being the wrong person in the wrong place at the wrong time.”
“Alito Urged Government Not to Appeal Black Panther Case”: Charles Lane has this article today in The Washington Post.
In The Boston Globe, Charlie Savage reports that “Black Panther case shifts a debate on Alito; Nominee once argued that civil rights suit shouldn’t be blocked.” The newspaper also contains an editorial entitled “Scales of justice tipped.”
The Newark (N.J.) Star-Ledger reports that “Alito urged U.S. to back off plea in Panther case.”
In The Pittsburgh Post-Gazette, Michael McGough reports that “Feds release more Alito files as Reagan aide.”
The New York Sun reports that “Documents Show Alito As Cautious.”
The Washington Times reports that “New documents show Alito challenged Justice bosses.”
The Trenton Times reports that “Trip to Alito hearings draws fire.”
And The Associated Press reports that “Former Students Say Alito Is Open-Minded.”
The Los Angeles Times is reporting: Today’s newspaper contains articles headlined “Justices Are Asked to Act on Padilla” and “Gospel According to Gullah; In the Sea Islands off South Carolina, descendants of slaves help translate the Bible into the rich language of their ancestors.”
“Pacific Bell bias verdict upheld; Company denied job to ex-mental patient”: Bob Egelko has this article today in The San Francisco Chronicle.
In today’s edition of The Chicago Tribune: Jan Crawford Greenburg has a lengthy article headlined “How focus on Roe pushes aside other court issues.”
In other news, “When jail time just won’t do, the judge may opt to humiliate you.”
And an article reports that “Prosecutor to fight strip-search court ruling; Will County Jail frisks called unconstitutional.”
“Chief justice transformed bench; Under his leadership, Supreme Court gave states’ rights a boost”: Today in USA Today, Joan Biskupic has an article that begins, “In the fall of 1971, William Rehnquist was a Justice Department lawyer known for his disdain for Supreme Court rulings that he believed coddled criminal defendants.”
“Jury Award Is Upheld in Firing Case”: In Thursday’s issue of The New York Times, Adam Liptak will have this article about the recent Ninth Circuit ruling that I noted here yesterday. And in other coverage, David Kravets of The Associated Press reports that “Court upholds $500,000 jury award to one-time mentally ill man.”
“Death Row Inmate Campaigns Against Alito’s Nomination to Court”: This article will appear in Friday’s issue of The Forward.
“Supreme Court Is Asked to Rule on Terror Trial”: The New York Times on Thursday will contain an article that begins, “The Bush administration asked the Supreme Court on Wednesday to allow for the immediate transfer of Jose Padilla from a military brig to civilian custody to stand trial on terrorism charges, a move that came in response to an appellate court ruling last week that blocked the transfer.”
And The Washington Post on Thursday will report that “U.S. Defends Conduct in Padilla Case; Supreme Court Asked To Overrule 4th Circuit.”
“Alito Writings Fuel Debate Over High Court Nomination”: This segment (transcript with link to audio) featuring Stuart Taylor Jr. and Jeffrey Rosen appeared on this evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer.”
Available online from law.com: An article reports that “‘Functionality’ of Hooters Girls at Issue in IP Appeal.”
And in other news, “Winning Intelligent Design Case Puts Plaintiffs Attorneys in Public Eye.”
“Top court’s Judge Smith works outside the box”: The Rochester Democrat and Chronicle yesterday contained an article that begins, “On more than one occasion when the partners of the hotshot Paul, Weiss Manhattan law firm sat down to vote, Robert S. Smith found himself on the wrong end of a 99-to-1 tally. That pattern hasn’t changed much since Smith became a judge on New York’s top court.”
“Chief Justice Roberts wins early praise; Lighter tone, camaraderie at U.S. Supreme Court”: CNN.com provides this report.
“New Papers Reinforce Alito’s Judicial Conservatism”: This segment (RealPlayer required) appeared on this evening’s broadcast of NPR‘s “All Things Considered.”
“Group defies artifacts order”: The Honolulu Advertiser today contains an article that begins, “The leader of a Native Hawaiian organization yesterday was ordered jailed by U.S. District Judge David Ezra until the precise whereabouts of 83 priceless cultural artifacts are disclosed or the items are recovered.”
And The Honolulu Star-Bulletin today reports that “Hui Malama leader in jail for ‘indeterminate amount of time’; The group refuses to reveal the location of artifacts during an emotional hearing.”
So you’re traveling to New Orleans for a Fifth Circuit oral argument? The web site of the U.S. Court of Appeals for the Fifth Circuit provides these travel tips. And yesterday’s official New Orleans situation report is available here.
“Government seeks Padilla’s transfer”: At “SCOTUSblog,” Lyle Denniston has this new post reporting on today’s developments in the case.
Update: Via “PrawfsBlawg,” you can access a copy of today’s filing by the Solicitor General at this link.
“Book violated McKennitt’s privacy, judge rules; Decision in the case of the singer’s former friend may give celebs more protection of their private — and public — lives”: The Toronto Globe and Mail today contains an article that begins, “Virtually unseen, a British court has issued a judgment in a case involving Canadian folk icon Loreena McKennitt that may have far-reaching implications for biographers, photographers and journalists.”
In other coverage, The Hampstead and Highgate Express (UK) on Saturday contained an article headlined “Landmark ruling in writer’s battle with music icon” that begins, “A judge has made a landmark ruling on a privacy case which is likely to have major repercussions for authors and journalists everywhere.”
Canadian Press reports that “Loreena McKennitt wins London privacy case against former friend.”
And CBC News reports that “Publicity-shy singer wins privacy claim.”
“More Documents Detail Judge Alito’s Legal Views”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Day to Day.”
In news from Boston: The Boston Herald today reports that “Palatial SJC may get pricier: Builders seek $40M more for courthouse.”
And The Boston Globe reports today that “SJC bars a type of prints at trial; Ruling a setback for forensic tool.” You can view yesterday’s fingerprint-related ruling of the Supreme Judicial Court of Massachusetts at this link.
The Associated Press is reporting: Jesse J. Holland has an article headlined “Alito Advised Against Panther Case Appeal.”
And in other news, “Padilla’s Lawyers Ask for Review of Powers” and “Lawyer Questions Evidence in Terror Case.”
“A constitutional duty to recuse?” At “SCOTUSblog,” Lyle Denniston has a post that begins, “Should an elected judge, who accepts large campaign donations, sit on a case that directly affects the financial or business interests of the donors and their associates?”
My earlier coverage of this matter can be accessed here and here, and I discussed the question in my article published in the Spring 2005 issue of The Journal of Appellate Practice and Process.
Earlier this month, The Chicago Tribune published an article headlined “Philip Morris law firms, supporters backed judge” that begins, “Lawyers for Philip Morris USA contributed $16,800 to help elect a judge who cast a deciding vote in Thursday’s Illinois Supreme Court decision favoring the tobacco giant. The judge also received $1.2 million in campaign money from a group that filed an amicus brief supporting the cigarette-maker. Yet no one suggested that Judge Lloyd Karmeier recuse himself from a closely watched case in which he voted with three others to strike down a $10.1 billion judgment, handing a huge victory to Philip Morris.”
“Ohio Judge Reprimanded for Drunk Driving”: The AP provides a report that begins, “A panel of state appellate judges publicly reprimanded Ohio Supreme Court Justice Alice Robie Resnick on Wednesday, saying her drunken driving conviction violated the state’s judicial code of conduct.”
“300 More Alito Documents Released”: The Associated Press provides this report.
“Next in line on Death Row seeks stay of execution; 76-year-old Allen is blind and crippled, his lawyers say”: Bob Egelko has this article today in The San Francisco Chronicle.
