“When the law chases the Internet”: This editorial will appear Friday in The Christian Science Monitor.
Posted at 6:00 PM by Howard Bashman|
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Thursday, March 16, 2006
“When the law chases the Internet”: This editorial will appear Friday in The Christian Science Monitor. Posted at 6:00 PM by Howard Bashman“Review Set for Fallout of ‘Booker’; Judicial Experts See Much Ado in Congressman’s Blast”: Lawrence Hurley has this article today in The Daily Journal of California. Posted at 5:10 PM by Howard BashmanJustice Samuel A. Alito, Jr. speaks: The U.S. Supreme Court has begun posting online the transcripts from that Court’s last argument session. Justice Alito’s very first question from the bench of that Court occured in Rapanos v. United States, No. 04-1034, and was: “Does it make sense to say that any wetlands that it abuts a traditionally navigable water is covered, but a tributary that leads right into a traditionally navigable water is not necessarily covered?” For those who’d rather read the transcript of Marshall v. Marshall (also known as the Anna Nicole Smith case), No. 04-1544, that transcript can be accessed here, while the transcript in DaimlerChrysler Corp. v. Cuno, No. 04-1704, is here. Posted at 4:55 PM by Howard Bashman“Moussaoui Case Shows Challenge of Terror Trials”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Day to Day.” Posted at 4:45 PM by Howard Bashman“Sen. Dean Johnson’s statements about court stir furor; Dean Johnson said justices told him they wouldn’t overturn state’s same-sex-marriage law”: The Minneapolis Star Tribune today contains an article that begins, “As legislators wrestle with the explosive issue of a proposed constitutional amendment to ban same-sex marriage, Senate Majority Leader Dean Johnson has been caught on a recording telling pastors that there was little need for such a ban because he had been assured by state Supreme Court justices that they would not overturn Minnesota law and allow such unions.” Audio of the state senator’s remarks can be accessed online at this link (mp3 format). And in other coverage, The St. Paul Pioneer Press reports today that “Johnson remarks target of petition; DFLer offered assurances about marriage law.” Posted at 3:50 PM by Howard BashmanIn constitutional challenge to Alabama’s law prohibiting sale of sex toys, federal district court issues “corrected” opinion rejecting plaintiffs’ claims: The U.S. District Court for the Northern District of Alabama issued its corrected memorandum opinion yesterday. That court’s original, uncorrected opinion issued February 28, 2006, reaching the same result, can be accessed here. Notwithstanding my affection for sex toy-related judicial opinions (heck, it’s the topic of my “On Appeal” column next week for law.com), I don’t currently have the time to compare those two 56-page rulings to see what has changed. If anyone does perform the comparison, please let me know what you discover. Posted at 3:00 PM by Howard Bashman“Facing Death, His I.Q. Low, Man Wins Rare About-Face”: Yesterday in The New York Times, Adam Liptak had this article. Today, the U.S. Court of Appeals for the Fifth Circuit posted online its new ruling (which is dated March 10, 2006). The court’s earlier, now-superseded ruling, can be accessed here. Posted at 2:50 PM by Howard BashmanCalifornia inmate’s letters from prison to his attorney-wife are not protected from disclosure under the marital communications privilege: As a result, those portions of the letters that are not protected from disclosure under the attorney-client privilege or work product doctrine will be disclosed to the federal government, which is prosecuting the inmate on federal charges, the U.S. Court of Appeals for the Ninth Circuit ruled today in a decision you can access here. Posted at 2:44 PM by Howard Bashman“11 U.S. judge nominees languish”: Columnist Robert Novak has this op-ed today in The Chicago Sun-Times. Posted at 2:40 PM by Howard Bashman“U.S. implores Moussaoui judge; Prosecutors seek to put ‘untainted’ witness on stand to preserve death penalty option”: This article appears today in The Sacramento Bee. My post from earlier today collecting additional press coverage can be accessed here. Posted at 2:33 PM by Howard Bashman“The Dubitante Opinion”: Law Professor Jason J. Czarnezki has this article (abstract with link for download) online at SSRN (via “Legal Theory Blog“). Posted at 12:23 PM by Howard BashmanNudity on appeal: As I mentioned earlier, I really enjoyed my visit on Tuesday to the Ohio Judicial Center, where I observed the Supreme Court of Ohio in action at oral argument and where I had the pleasure of a behind-the-scenes tour of the building, which is quite wonderful. At oral argument, Ohio’s seven Justices impressed me as well-prepared and thoughtful. This marked the first time that I have personally been in the presence of a State’s highest court on which the majority of the Justices are female, and Ohio is one of several States where that is now the case. The courtroom itself is a sight to behold. The ceiling murals featured a bit more nudity than I’m used to observing in a courtroom. (Examples can be viewed here, here, and here, while those of you with QuickTime can take a virtual tour of the courtroom via this link.) But, unlike in the Ashcroft Justice Department, there’s no attempt to cover-up the artwork at the Supreme Court of Ohio. Posted at 11:40 AM by Howard Bashman“Bad Standards: The ABA goes to the Grutter.” Abigail Thernstrom and Roger Clegg have this essay today at National Review Online. Posted at 11:14 AM by Howard Bashman“Prosecutors Seek to Revive Moussaoui Case”: The Associated Press provides this report. The motion for reconsideration that federal prosecutors filed yesterday in the U.S. District Court for the Eastern District of Virginia can be accessed here. Posted at 11:00 AM by Howard BashmanIn news from South Dakota: The Argus Leader of Sioux Falls reports today that “Effort emerges to put abortion ban on ballot; Activists on both sides stand by contradictory polls.” And The Rapid City Journal today contains articles headlined “Abortion-ban bill’s opposition steepest in Black Hills” and “Factions debate contraception ‘loophole.’” Posted at 10:55 AM by Howard Bashman“Surrogate mom who kept kids must pay dad”: The Cleveland Plain Dealer today contains an article that begins, “A surrogate mother breached a contract when she secreted away the triplets she delivered for a would-be Kirtland father and set out to raise them at her Pennsylvania home, an appellate court ruled Wednesday.” You can access yesterday’s ruling of Ohio’s Ninth District Court of Appeals at this link. Posted at 9:45 AM by Howard Bashman“Rent-to-own stores get ‘capped’; Justices, reversing lower courts, rule such businesses cannot charge 80% or higher interest”: This article appears today in The Newark Star-Ledger. You can access yesterday’s ruling of the Supreme Court of New Jersey at this link. Posted at 8:58 AM by Howard BashmanOn today’s broadcast of NPR‘s “Morning Edition“: This morning’s broadcast contained segments entitled “Abortion Rights Activists Use Petition to Fight S.D. Ban“; “Prosecutors Ask for Second Chance at Moussaoui Trial“; and “‘New Testament’ Translated into Gullah” (RealPlayer required). Posted at 8:45 AM by Howard Bashman“Whistle-blower tells jury of ‘blatant’ lies; Watkins, who predicted Enron’s fall, walks jurors through her 2001 meeting with Lay”: Mary Flood has this article today in The Houston Chronicle. The New York Times today contains an article headlined “Warning on Enron Recounted” and an editorial entitled “All About Andy.” The Washington Post reports that “Whistle-Blower Shifts Focus of Enron Trial.” And The Los Angeles Times reports that “Whistle Blower Recounts Enron Tale.” Posted at 7:20 AM by Howard Bashman“Prosecutors Scramble to Salvage 9/11 Case After Ruling”: The Washington Post contains this article today, along with an article headlined “Embattled Lawyer Had Limited Role in 9/11 Trial.” The New York Times reports today that “Moussaoui Prosecutors Seek Security Officials’ Testimony.” And Adam Liptak has a news analysis headlined “Crossing a Fine Line on Witness Coaching.” The Los Angeles Times reports that “U.S. Tries to Salvage Unraveling 9/11 Trial; Prosecutors in Zacarias Moussaoui case ask that ban on aviation security witnesses be lifted, or ‘there’s no point for us to go forward.’” USA Today reports that “Sanction makes Moussaoui case ‘impossible,’ feds say; Prosecutors appeal ruling to bar aviation officials’ testimony.” The Washington Times reports that “Moussaoui judge asked to allow FAA testimony.” And The Chicago Tribune contains an editorial entitled “‘My government let me down.’” Posted at 7:15 AM by Howard Bashman“Abortion showdown in Sioux Falls: South Dakota’s only clinic is front and center in national struggle.” This article appears today in The Chicago Tribune. Posted at 7:05 AM by Howard Bashman“Lawyers for Libby Subpoena Reporter and New York Times”: Adam Liptak has this article today in The New York Times. Posted at 6:54 AM by Howard Bashman“Scalia Rails Against the ‘Judge-Moralist'”: The Associated Press provides this report. Posted at 6:50 AM by Howard Bashman“The Moussaoui Trial: It’s High Time The Death Penalty Is Taken Off the Table.” Edward Lazarus has this essay online at FindLaw today. Posted at 6:40 AM by Howard BashmanWednesday, March 15, 2006
On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contained segments entitled “Inside the Sentencing Phase of Death-Penalty Trials“; “Trial Latest Example of Government Incompetence“; and “Enron Whistleblower Testifies Against Ex-Chairman” (RealPlayer required). Posted at 10:35 PM by Howard BashmanAvailable online from law.com: Tony Mauro reports that “Justice Ginsburg Says Death Threat Fueled by Dispute Over International Law.” And in news from Texas, “Former Enron VP: Vinson & Elkins Didn’t Fully Investigate Accounting Irregularities.” Posted at 10:30 PM by Howard Bashman“Judges Judging Judges, Quite Judiciously”: Quin Hillyer has this essay online today at The American Spectator. Posted at 5:58 PM by Howard Bashman“Souter’s home stays safe”: The Concord (N.H.) Monitor today contains an article that begins, “Somewhere in Washington, U.S. Supreme Court Justice David Souter may have breathed a sigh of relief last night. Voters in his hometown of Weare voted emphatically to direct town officials not to seize his house by eminent domain.” Posted at 5:54 PM by Howard Bashman“Ohio House OKs ban on pregnancy disputes”: The Columbus Dispatch today contains an article which reports that “Ten days after the Ohio Supreme Court ruled that parents of children with birth defects can sue doctors for failing to identify the abnormalities during pregnancy, the House approved a bill that would ban such lawsuits. The bill now goes to Gov. Bob Taft, who is expected to sign it.” My earlier coverage of that ruling can be accessed here and here. Posted at 5:45 PM by Howard Bashman“Should campaign-finance laws apply to blogs? Congress votes this week on a bill that would exempt blogs from regulation; Critics see a soft-money loophole.” This article will appear Thursday in The Christian Science Monitor. Posted at 5:44 PM by Howard Bashman“O’Connor’s warning”: This editorial appears today in The San Francisco Chronicle. Posted at 5:28 PM by Howard Bashman“Justice Ginsburg Reveals Details of Threat”: Gina Holland of The Associated Press provides this report. Posted at 5:11 PM by Howard Bashman“Judiciary Asks Congress to Tread Carefully with Sentencing”: The Administrative Office of the U.S. Courts issued this news release today. The prepared text of testimony that U.S. District Judge Paul G. Cassell of the District of Utah will deliver tomorrow to the House Judiciary Committee‘s Subcommittee on Crime, Terrorism, and Homeland Security can be accessed here. Judge Cassell’s “Statement of the Judicial Conference,” in footnote 13, calls Law Professor Doug Berman’s “Sentencing Law and Policy” blog an “excellent and indispensable website.” Posted at 4:42 PM by Howard BashmanIn news from Kansas: The Topeka Capital-Journal reports today that “Amendment would limit court; Measure asserts that no other branch can direct spending of Legislature.” And The Kansas City Star reports today that “Legislation would limit Supreme Court action.” Posted at 4:15 PM by Howard BashmanMen wearing thong underwear (and nothing else) retain no civil rights: Shannon P. Duffy of The Legal Intelligencer provides a news update headlined “Thong-Wearing Protestors Lose Civil Suit Against State Troopers.” You can access Monday’s ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link. The opinion begins, “In July, 2004, Plaintiffs — a small group of young men — protested against President Bush’s visit to Lancaster County, Pennsylvania by stripping down to thong underwear and climbing onto each other’s backs.” Posted at 4:11 PM by Howard Bashman |
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