Available online at law.com: T.R. Goldman has an article headlined “Will Senate Wiretap Hearings Hit a Wall in the Form of the Attorney General?”
An article is headlined “Ready for Your Close-Up, Your Honor? Several states use courtroom videotaping to assess judges’ courtroom demeanor.”
In news from New York State, “Court: Presence of Camera Alone Doesn’t Require Reversal.”
Fred von Lohmann has an essay entitled “Could Future Subpoenas Tie You to ‘Britney Spears Nude’? DOJ’s subpoena of Google may lead to more intrusive examination of Internet users’ online records.”
And the brand new installment of my weekly “On Appeal” column is headlined “Minimum Wage: The $1.50 Attorney Fee.”
“Judge Gone Wild: Ruling against parental rights is just one way Judge Stephen Reinhardt is trying to overturn American values.” Ninth Circuit Judge Stephen Reinhardt finds himself on the cover of the February 2006 issue of Citizen Magazine, a publication of the group Focus on the Family. You can access the text of the article at this link.
“A formal investiture ceremony for Associate Justice Samuel A. Alito, Jr., will take place at a special sitting of the Supreme Court in the Courtroom on Thursday, February 16 at 2 p.m.” So begins a press release that the Public Information Office of the Supreme Court of the United States issued today.
“More Allegations of Libby Lies Revealed; Judge’s Report Shows Cheney Aide Is Accused Of Broad Deception”: This article will appear Saturday in The Washington Post.
On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contained segments entitled “Kansas High Court Limits Access to Abortion Records” and “Moussaoui’s Fate to Be Decided by Jury” (RealPlayer required).
“Increasingly, Internet’s Data Trail Leads to Court”: This article will appear Saturday in The New York Times.
“Jury selection Monday in Moussaoui trial; Admitted al Qaeda member says he knew nothing of 9/11 plans”: CNN.com provides this report.
“Stepdaughter was blogger, mayor says; Schaeffer, wife seek to be dropped from suit”: The News Journal of Wilmington, Delaware today contains an article that begins, “Cristina Rawley, the stepdaughter of Smyrna Mayor Mark Schaeffer, was the author under four aliases of vile Internet blog entries in 2004 attacking Town Councilmen Patrick Cahill and Doug Chervenak, Schaeffer said this week.”
The article reports that the lawsuit is connected to a landmark blogger anonymity ruling that the Supreme Court of Delaware delivered in October 2005. My earlier coverage of that ruling is here.
“Documents Reveal New Details of Libby Conversations”: The Washington Post provides this news update.
“Kansas high court limits abortion record search”: Reuters provides this report.
“Enron Trial Seen As Marathon, Not Sprint”: The Associated Press provides this report.
News updates available online from The Wichita Eagle: Now available online are updates headlined “State Supreme Court rules in abortion case” and “Kline takes stand in trial over teen sexual privacy.”
“Current Muti-District Litigation practice is seriously flawed in that it is perceived to proceed not on neutral principles but in a manner that favors defendants.” On Wednesday, U.S. District Judge William G. Young of the District of Massachusetts issued what a reader has accurately described as a “remarkable opinion re MDL practice.” You can access the opinion at this link.
“Judges Do It, Too”: The Bangor Daily News today contains an editorial that begins, “Junkets and other gifts to members of Congress and their staffs have come under fresh scrutiny with the investigation and conviction of the super lobbyist Jack Abramoff.”
Available online from The New Republic: In the magazine’s February 13, 2006 issue, Michael Crowley will have an essay entitled “Swiss Miss: By pushing for a filibuster, Kerry alienated fellow Democrats.”
And online today, Michelle Cottle has an essay entitled “Grave Danger: The case against banning protests at funerals.”
Available online from The Nation: Bruce Shapiro today has an essay entitled “Reap the Whirlwind” that begins, “If the Supreme Court’s 1954 ruling in Brown v. Board of Education can be said to have opened the epic of the modern civil rights era, it is now also possible to mark that era’s final, exhausted page: January 31, 2006.”
And in the February 20, 2006 issue of that magazine, Ari Berman will have an essay entitled “Can Justice Be Trusted?”
“The Strange Case of Judge Alito”: Ronald Dworkin has this essay in the February 23, 2006 issue of The New York Review of Books.
“Uncertainty grows on RIM injunction; ‘There are too many unanswered questions'”: Financial Post today contains an article that begins, “A court decision on an injunction banning Research In Motion Ltd.’s BlackBerry from the United States could be delayed until September, buying RIM valuable time to win or mitigate the damages arising from its patent-infringement dispute with NTP Inc., experts say.”
The Toronto Globe and Mail reports today that “RIM chief keeps focus on expansion; Analyst plays down U.S. patent case.”
The Richmond Times-Dispatch reports that “E-mail shutdown costs cited; U.S wants plan that ensures feds can still use BlackBerrys.”
The Toronto Star contains an article headlined “America’s patent trolls: Battle over RIM design exposes practice; Prompts calls for changes to U.S. law.”
From London, Financial Times provides an article headlined “High Court victory for BlackBerry.”
The Boston Globe reports that “Competitors circle BlackBerry’s turf; With maker of popular devices locked in patent row, rivals dangle new products before worried users.”
c|net News.com provides a report headlined “Gartner: RIM-NTP redux possible in 2007.”
And ZDNet Australia provides a report headlined “Visto: RIM’s legal troubles have only just begun.”
Receive enough junk faxes, and you too could be suing the sender in federal court: Sure, the U.S. Court of Appeals for the Second Circuit once said that state courts would have “exclusive” jurisdiction over such lawsuits, but a ruling issued today demonstrates that, in retrospect, “exclusive” wasn’t the best choice of words.
“Chief justice of Supreme Court says leave politics out of appointments”: Canadian Press provides this report.
“Thomas Autobiography Not Due Out Until ’07”: Gina Holland of The Associated Press provides a report that begins, “The memoirs of Supreme Court Justice Clarence Thomas will be coming to a bookstore near you – just not as soon as expected. Nearly five years after starting his autobiography, and three years after getting a $1 million-plus book deal, Thomas is still writing. HarperCollins Publishers paid Thomas a $500,000 advance in 2003 and awaits delivery, which is behind schedule.”
“Black students file complaint saying U-M discriminates”: The Detroit Free Press today contains an article that begins, “A group of black students at the University of Michigan has filed a discrimination complaint with the U.S. Department of Education’s Office of Civil Rights.”
“Moussaoui Sentencing Trial to Begin Monday”: The Associated Press provides this report.
And WCBS-TV in New York City reports that “9/11 Families To Watch Sentencing; Terrorist Could Face Death Penalty.”
“Senate Panel Questions Justice Dept. Nominee”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Morning Edition.”
And in related coverage, The Richmond Times-Dispatch today reports that “McNulty quizzed on surveillance; Deputy attorney general nominee calls spying justification ‘credible.’”
“Judge Orders Padilla’s Shackles Removed”: The Associated Press provides this report.
“Judge Kozinski and Goldyn v. Hayes”: Orin Kerr’s post at “The Volokh Conspiracy” has generated a plethora of reader comments about this recent Ninth Circuit ruling.
“UA sensation: Sandra Day O’Connor on campus; Ex-member of Supremes teaching class.” The Tucson Citizen contains this article today.
The Arizona Daily Wildcat today contains an article headlined “A Supreme Teacher: O’Connor provides insight into court; Law students learn courts from former justice.”
The Arizona Daily Star reports that “O’Connor, in Tucson, blasts moves to alter how Ariz. judges are picked.”
And The El Paso Times reports that “O’Connor to visit city on April 4.”
Meanwhile, in commentary, The Allentown Morning Call today contains an editorial entitled “Sandra Day O’Connor’s service.”
“Earnings Restated? Don’t Blame a Lawsuit for It.” This article appears today in The New York Times.
BREAKING NEWS — Supreme Court of Kansas refuses to enforce the Kansas Attorney General’s subpoenas for patient records from two abortion clinics: You can access today’s ruling at this link. And the court has also issued a summary of the ruling.
In early press coverage, The Kansas City Star offers a news update headlined “Court: Abortion clinic patients’ privacy must be protected,” while The Associated Press reports that “Kan. Court Blocks Abortion Records’ Access.”
And in related coverage, The Wichita Eagle today contains an article headlined “Testimony, ruling to put Kline in spotlight” that begins, “Kansas Attorney General Phill Kline’s legal battles over abortion and teenage pregnancy converge today in what could be one of the most notable moments of his political career. The Kansas Supreme Court announced that at 9:30 a.m. today it will issue its ruling in a dispute over Kline’s attempts to collect abortion clinic records. That will come an hour after Kline is set to take the witness stand in a federal lawsuit over the sexual privacy of teenagers.”
“Smells Like Teen Snogging: Kansas’ wacky attorney general smells sex everywhere.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Witness: CEO hid retail unit’s struggles; Koenig testifies Skilling misled investors about division’s debt of $726 million.” Mary Flood has this article today in The Houston Chronicle.
The New York Times reports today that “Witness Says Enron Hid Huge Loss From Investors.”
USA Today reports that “Tapes appear to show Enron execs hid $726M loss; Testimony also implicates Lay.”
And Financial Times reports that “Enron jurors try to see the numbers.”
“Court affirms tobacco award; Justices say Philip Morris’ conduct justifies a widow’s $79.5 million in damages”: This article appears today in The Oregonian.
My earlier coverage of yesterday’s ruling of the Supreme Court of Oregon is here.
Today’s other rulings of note from the U.S. Court of Appeals for the D.C. Circuit: A per curiam opinion issued today agrees to unseal portions of Circuit Judge David S. Tatel‘s previously redacted opinion concurring in the judgment in the Judith Miller Grand Jury subpoena case. You can access the newly-reissued, partially-unredacted opinion at this link. My earlier coverage of the ruling, from nearly one year ago, is here. As noted in this D.C. Circuit filing by Special Counsel Patrick J. Fitzgerald, the federal government supported in part the request to unseal.
In a lengthy opinion concurring in the judgment, Circuit Judge Janice Rogers Brown today takes a close look at the legal standards governing “a difficult subcategory of sexual harassment cases sometimes referred to as submission cases–that is, cases in which the complaining employee submits to the sexual advances of the supervisor.”
And finally, for sovereign immunity buffs, the D.C. Circuit today addresses whether the Fair Labor Standards Act’s private right of action still applies against an agency of the Puerto Rican government now that the U.S. Supreme Court has effectively invalidated the FLSA’s private right of action as applied against state agencies. You can access the opinion at this link.
Booker reaps the benefit of Booker: And in the D.C. Circuit, no less. Today’s ruling is here.
“Money for judges’ security on the way, Justice Dept. says”: The Associated Press provides a report that begins, “Illinois’ senators, who had voiced concern that $12 million they had helped secure for protection of federal judges was not reaching its target, say the Justice Department assures them the money is on its way.”
