“Slate’s Jurisprudence: Moussaoui Trial Under Cloud.” This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR‘s “Day to Day.”

“Claude Allen’s Mentor: Shoplifting and Bushonomics.” Jacob Weisberg today has this essay online at Slate.

Dear prison diary: The U.S. Court of Appeals for the Second Circuit yesterday issued an interesting decision (posted online today) recognizing that “An inmate does not, however, knowingly waive an attorney-client privilege with respect to documents retained in her cell simply because there is no reasonable expectation of privacy in those documents for Fourth Amendment purposes.”

“Congressman to Seek New Sentencing Rules”: Gina Holland of The Associated Press provides this report.

At the “Sentencing Law and Policy” blog, Doug Berman has a post titled “Let’s get ready to Booker rumble.”

“SJC says defense must share evidence; Some lawyers warn change is radical”: The Boston Globe today contains an article that begins, “A deeply divided Supreme Judicial Court ruled yesterday that prosecutors are entitled to know before trial what evidence criminal defense lawyers plan to use to cross-examine the state’s witnesses, a decision prosecutors say levels the playing field but defense lawyers argue subverts the judicial system.”

You can access yesterday’s 4-3 ruling of the Supreme Judicial Court of Massachusetts at this link.

“Justice Ginsburg Acknowledges Death Threat Against Her; Speech in South Africa Cites Her and Former Justice O’Connor as Targets”: law.com’s Tony Mauro provides this report. The text of the speech can be accessed here.

“Judge deals big setback to Moussaoui prosecutors”: This front page article appears today in The Sacramento Bee. Earlier today, I collected additional coverage here.

In news from South Dakota: The Argus Leader of Sioux Falls today contains an article headlined “Initiative may put abortion to vote; Wisconsin group opposed to ban launches campaign” that begins, “An out-of-state group that opposes South Dakota’s ban of most abortions filed paperwork Tuesday to begin collecting signatures for a referendum vote. If 16,728 signatures are collected by mid-June, South Dakotans would vote Nov. 7 to approve or reject the state abortion law.” You can view the referendum petition at this link.

The Argus Leader also provides a news update headlined “Poll: Most South Dakotans want a statewide vote on abortion ban” that begins, “Seven out of 10 South Dakotans want to vote on the state’s new abortion ban, and 57 percent would vote to overturn the law, according to a survey done for a group that has supported Democratic political candidates.”

And The Associated Press reports that “Group Tries to Delay S.D. Abortion Law.”

In news from Alabama: The Associated Press provides a report headlined “Justice says ACLU true culprit” that begins, “Supreme Court Justice Tom Parker on Tuesday blamed a civil liberties group for the judicial ethics complaint filed against him, calling it retaliation for his career-long stance against abortion, pornography, homosexuality and a proposed tax increase for schools.”

law.com’s Tony Mauro previously covered this matter in an article headlined “Alabama Judge Declares War on U.S. Supreme Court; State justice says colleagues should ‘actively resist’ juvenile death penalty ruling.”

“The Men’s Bill of Rights: No taxation without ejaculation.” Online at Slate, William Saletan has a human nature essay that begins, “A few days ago, the National Center for Men filed suit in Michigan to establish ‘a man’s right to make reproductive choice.'”

“Abortion on the Horizon: Although it won’t topple Roe v. Wade, Gonzales v. Carhart is this year’s abortion case to watch.” Daveed Gartenstein-Ross and Adam White have this essay today online at The Weekly Standard.

“Total Recall: Where’s My Free Lunch?” My “Upon Further Review” column published Monday in The Legal Intelligencer is freely available online at this link. The essay begins, “Now that several months have passed since Pennsylvania voters learned that a statewide judicial retention election actually can be used to remove from office Justices serving on the Supreme Court of Pennsylvania, it is the perfect time to reflect on the lessons of what happened.” And the recent article from The Harrisburg Patriot-News that I discuss in the essay can be accessed here.

Happy birthday to Justice Ruth Bader Ginsburg: I won’t give away her age (as The AP does here), but Justice Ginsburg is nearly twice as old as “24” actress Kim Raver, who also celebrates a birthday today (and who is more than one-and-a-half times as old as her TV show’s title).

“Prosecutors Hamstrung in Moussaoui Trial”: The Associated Press provides a report that begins, “Prosecutors seeking the death penalty against confessed terrorist Zacarias Moussaoui told a federal judge that it would be a waste of time to continue the trial after key government witnesses were barred from testifying.”

“All’s FAIR in Law and War”: Jack M. Balkin has this post at “Balkinization.” No word yet on whether this is a preview of a forthcoming book titled “What Rumsfeld v. FAIR Should Have Said.”

And “TaxProf Blog” provides a post titled “House Passes Resolution in Support of Solomon Amendment.”

Justice for sale: A Justice Antonin Scalia bobblehead doll is now up for auction at eBay. You can access the listing at this link.

“Google’s fate hangs on search ruling; The details of a judge’s order in its dispute with the government could determine the search giant’s growth prospects”: Business 2.0 Magazine provides this report.

“Allison Eid takes seat on state’s high court; Clarence Thomas makes introduction during swearing in”: This article appeared yesterday in The Rocky Mountain News. Additional photos from the event can be accessed via this link.

“Freedom of Speech vs. People’s Supposed Right To Hide Their Past”: At “The Volokh Conspiracy,” Eugene Volokh has this interesting post about the dispute that gives rise to the Ninth Circuit‘s order, issued yesterday, certifying questions to the Supreme Court of California. My earlier posts concerning that order can be accessed here and here.

On today’s broadcast of NPR‘s “Morning Edition“: This morning’s broadcast contained segments entitled “Government Given Until Monday to Rebuild Moussaoui Sentencing Case” and “Judge to Force Google to Surrender Web Data” (RealPlayer required).

“Claude Allen admitted bad exchanges”: This article appears today in The Richmond Times-Dispatch.

And The Associated Press reports that “Ex-Bush Aide Carried Embarrassing Secret.”

“Judge Penalizes Moussaoui Prosecutors by Barring Major Witnesses”: Neil A. Lewis has this article today in The New York Times, which also contains an article headlined “Lawyer Thrust Into Spotlight After Misstep in Terror Case.”

The Washington Post today contains articles headlined “Federal Witnesses Banned in 9/11 Trial; Judge Cites Misconduct By Lawyer; Prosecution Faces Major Setback” and “Government Lawyer’s Error Upsets Families of 9/11 Victims.”

The Los Angeles Times reports that “Judge Curbs Terror Trial; She won’t allow federal aviation officials to be witnesses in the case against Moussaoui, but will still let prosecutors seek the death penalty.”

USA Today reports that “Moussaoui case suffers deep cut; Prosecution loses key line of attack after lawyer’s apparent misconduct.”

The Washington Times reports that “Moussaoui judge allows option of death penalty.”

And The Richmond Times-Dispatch reports that “Judge bars testimony in Moussaoui death trial; She says instructions from TSA lawyer tainted potential witnesses.”

“Ex-Enron Officer Says He Warned of Shady Partnerships”: The New York Times contains this article today.

The Houston Chronicle today contains articles headlined “Watkins sheds light on saga today; Writer of memo that warned Lay of company’s doom will take the stand” and “3 different takes from 3 former employees.”

The Los Angeles Times reports that “Enron Witness Tells of Transfer; An ex-risk manager says he was taken out of a key job after he questioned an off-the-books deal.”

And USA Today reports that “Watkins set to take the stand today; Former exec wrote famous Enron memo.”

“Judge Says Google Must Hand Over Search Records; Firm Ordered to Comply With Narrower Subpoena”: This article appears today in The Washington Post.

The New York Times reports today that “U.S. Limits Demands on Google.”

The Los Angeles Times reports that “U.S. Cuts Back Request for Google Data; Privacy supporters worry as a judge says he may order some search queries be handed over.”

The Chicago Tribune reports that “Feds’ Google search limited; Judge raises concern over scope of request.”

USA Today reports that “Judge may force Google to give up info; Justice scales back request in quest to revive porn law.”

In The San Jose Mercury News, Howard Mintz has an article headlined “Google vs. government: Major dispute defused; Judge poised to require release of some date, not search queries.”

And The San Francisco Chronicle reports that “Google must reveal some secrets; Judge rules in case involving Internet privacy but has concerns over divulging too much.”

In commentary from today’s edition of The Los Angeles Times: The newspaper contains an editorial entitled “Scout’s dishonor.”

And columnist Erin Aubry Kaplan has an op-ed entitled “Claude Allen’s life sentence: Did the pressures of being a black conservative take a toll on the former Bush aide?”

In today’s edition of The New York Times: Adam Liptak has an article headlined “Facing Death, His I.Q. Low, Man Wins Rare About-Face.”

In other news, “Stanford Law Students Get Early Supreme Court Duty.”

And an article is headlined “Fascinated by Lincoln’s Assassination, and the Trail of the Killer.”

In commentary available online from FindLaw: Michael C. Dorf has an essay entitled “Does South Dakota’s New Abortion Ban Cross the Line Between ‘Test’ Legislation and Defiance of the Supreme Court?”

And Scott Gerber has an essay entitled “The Radicalization of American Legal Education, Revisited: Why the Right’s Efforts Are Good for Law Schools and the Law.”

Federal appellate court certifies questions of federal law to a state supreme court: In response to my earlier post noting an order that the U.S. Court of Appeals for the Ninth Circuit issued today, a reader with a bit of experience on the subject has emailed:

You’re right to raise questions about the Ninth Circuit certifying a federal question to the California Supreme Court. The Eleventh Circuit has said that is a no-no:

“We cannot and do not certify to the Alabama Supreme Court in this case the federal preemption issues, if any, that may exist after the state law questions are answered. While state and federal courts have concurrent jurisdiction to decide federal law issues such as preemption, federal courts have the responsibility for deciding those issues when they arise in federal court, and that is no less true when federal jurisdiction is based upon diversity of citizenship. Stated somewhat differently, a federal court may not certify federal law issues to a state supreme court, and we do not purport to do so.”

Spain v. Brown & Williamson Tobacco Corp., 230 F.3d 1300, 1312 n.17 (11th Cir. 2000).

I have never heard of a federal court doing that before.

It will be interesting to see whether the Supreme Court of California accepts the Ninth Circuit’s invitation to answer those certified questions that seek the state court’s opinion on matters of federal constitutional law.

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained a segment entitled “Moussaoui Trial Will Continue Without Key Testimony.”

Today’s broadcast of “Talk of the Nation” contained a segment entitled “Moussaoui Trial Update.”

Today’s broadcast of “Day to Day” contained segments entitled “Slate’s Jurisprudence: A Mistrial for Moussaoui?“; “Slate’s Jurisprudence: Moussaoui Sentencing Resumes“; and “The Marketplace Report: Web Searches and Privacy.”

And today’s broadcast of “Morning Edition” contained segments entitled “Witness Coaching Halts Moussaoui Sentencing Trial“; “Tone Shifting in Abortion-Rights Movement“; and “Enron CFO Finishes Testimony.”

RealPlayer is required to launch these audio segments.

“Souter home safe, symbolic vote in his favor”: The Associated Press provides this report.

U.S. Court of Appeals for the Fifth Circuit rejects argument that federal law criminalizing transportation of obscene materials for sale or distribution is unconstitutional in the wake of Lawrence v. Texas: You can access today’s ruling at this link.

“Roberts Has High Court Singing in Harmony”: law.com’s Tony Mauro provides this report.

“Legal Decisions, Legislation & Forces of Nature Influence Federal Court Caseload in FY 2005”: The Administrative Office of the U.S. Courts issued this news release today. According to the release, “For the tenth consecutive record-breaking year, filings in the 12 regional courts of appeals rose 9 percent to an all-time high of 68,473.” The statistics can be accessed via this link.

Available online from law.com: In news from Texas, “Fastow Admits He Lied to Vinson & Elkins Lawyers; Former Enron CFO says he was not truthful because ‘I had done wrong things and I didn’t want them to come to light.’”

Meanwhile, in commentary available online from The National Law Journal, U.S. District Judge John M. Roll (D-Ariz.) has an essay entitled “9th Circuit split: Court is too big, too slow.” And George Wheeler has an essay entitled “BlackBerry settlement: NTP patents are strong.”

Available online from Slate: Bert Brandenburg has a jurisprudence essay entitled “Rushmore to Judgment: South Dakota ups the ante in the national war over judges.”

In addition, Dahlia Lithwick and Robert Weisberg have a jurisprudence essay entitled “Causation Inflation: Did Zacarias Moussaoui really ’cause’ 9/11?”