In commentary available online at FindLaw: Michael C. Dorf has an essay entitled “The Nation’s Top Military Court Rules that a Senator Cannot Wear Two Hats: Does the Ruling Call Into Question Reserve Duty by Members of Congress?”
And Thomas Healy has an essay entitled “Will the U.S. Court of Appeals for the Ninth Circuit Finally Be Split? If So, the Reason Will Be Politics, Not Caseload.”
“Blawg Review #76”: Available online here, at the blog “Passion, People and Principles.”
“Federal judge witnessed 9/11, Murrah bombing”: The Oklahoman on Sunday contained an article that begins, “The first time, the judge was knocked from his chair. He just missed getting hit by flying shards of glass from his shattered office windows as the truck bomb exploded a block away outside the Oklahoma City federal building. The second time, he was in New York, close enough to feel the rumble as a World Trade Center tower collapsed a few blocks away. He would flee around the devastation the plane hijackers wrought, along with thousands of others, walking through a fog of ash and soot that coated his skin and clothes white.”
The newspaper has also posted online two audio segments from the interview, and you can access those here and here (mp3 format).
“CIA Values Show in Stand on Detainees”: The Los Angeles Times today contains an article that begins, “For an agency that ordinarily steers clear of major policy debates, the CIA played an unusually prominent role in the showdown between the White House and dissident Republicans over the treatment of detainees. To many outsiders, the CIA’s position was puzzling.”
The newspaper also contains an editorial entitled “Two-Tiered Torture Standards: By allowing the CIA leeway in interrogations, the Senate gave up too much in its compromise with Bush,” while Charles Kaiser has an op-ed entitled “Why Retired Military Brass Don’t Want Torture: Firsthand combat experiences compel old guard to attack Bush’s ‘alternative interrogation.’”
“Senate Panel Freezes Bill on Legal Protection for Reporters”: The Washington Post today contains an article that begins, “The Senate Judiciary Committee has postponed consideration of a federal shield law for journalists after hearing strong new objections to the measure from the Justice Department.”
“A Fight To Define Equality”: Today in The Washington Post, columnist George F. Will has this op-ed about the Michigan Civil Rights Initiative.
“Detainee Legislation Driven by Court Decision”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Weekend Edition Sunday.”
“Specter Decries Detainee Bill Provision”: The Associated Press provides this report.
Philadelphia Phillies 10, Florida Marlins 7: My son and I had the pleasure today of seeing the Phillies win what was to have been the final regular season home game of 2006. Fan Appreciation Day started unfavorably, as the Marlins jumped out to a four-run lead in the top of the first inning, sending nine men to the plate as starting pitcher Jamie Moyer gave up two doubles, a triple, and two home runs.
In the bottom of the third inning, however, the Phillies answered with seven runs, only three earned, taking advantage of a costly error by Marlins shortstop Hanley Ramirez. The Phillies homered three times in that frame, and themselves batted around. When Abraham Nunez, who had led off the inning with a single, came to the plate for a second time, he was hit with a pitch by Marlins starting pitcher Scott Olsen, whom the home plate umpire promptly ejected.
Chase Utley homered twice and even beleaguered right fielder Pat Burrell got in on the hit parade, scoring twice and going two-for-four with a single and a home run. In attendance at today’s game was a group of fans with a banner that read “Burrell’s Squirrels,” and they appeared pleased with his effort.
Thanks to a Los Angeles Dodgers victory today, the Phillies continue to cling to just a half-game lead in the Wild Card standings. The Phillies have a home make-up game tomorrow against the Houston Astros, after which the Phillies will either have a full-game lead or have the same record as the Dodgers, who have a day off tomorrow.
You can access wraps of today’s game here and here, while the box score is at this link. According to the box score, the rain delay that came in the bottom of the seventh inning lasted one hour and thirty-five minutes.
“Abortion foes’ new rallying point; Conservatives take on contraception”: The Chicago Tribune contains this article today.
“Judges fumble asylum cases; Refugee was sent back to Sudan to face jail, beatings”: This lengthy article appears today in The Chicago Tribune.
“Half a Reform for Judges”: The New York Times today contains an editorial that begins, “During his confirmation hearings a year ago, Chief Justice John Roberts pledged to study the serious ethics problem posed by the well-attended ‘judicial education’ programs staged at luxury resorts and financed by private interests hoping to influence judicial decision-making. Chief Justice Roberts followed through, but his chosen antidote is far too timid.”
In today’s edition of The Los Angeles Times: David G. Savage has an op-ed entitled “Is the Chief Justice Really a Judicial Activist? John Roberts, who likened his role to a passive ‘umpire,’ may want to do more than just enforce the rules.”
Robert Weisberg has an op-ed entitled “A Quiet Bombshell in the Legal World; A single high court decision puts mandatory sentencing laws in limbo.”
And Joe Domanick has an op-ed entitled “Every Court Case Is a Person; Beneath paperwork and docket numbers lie tales of human morality and often tragedy.”
“Behind bars, sex charges the air: Whether it was forced or in exchange for perks, the acts between guards and inmates were never legal; And before anything got fixed, two people were dead and five arrested.” The St. Petersburg Times today contains an article that begins, “For the past 10 years, dozens of female inmates serving time at the minimum-security federal prison here have been sexually abused by the very people in charge of them: prison staff members.”
“Congress in dark on terror program; Few briefed on CIA interrogation”: The Boston Globe contains this article today.
“Due Process and the Trial of Terrorism Suspects”: This audio segment (RealPlayer required) appeared on this evening’s broadcast of NPR‘s “All Things Considered.”
In today’s mail: Yesterday, as I previously noted here, The Associated Press reported that “Alito predicts Phillies in playoffs, MVP for Howard.”
Today in the mail I received tickets for my son and I to attend two Division Series home games and two League Championship home games should Justice Samuel A. Alito, Jr.’s prediction prove correct and the Phillies make it into the playoffs. Justice Alito, as a Phillies fan himself, may be pleased to learn that during each series, two Phillies home games are tentatively scheduled to occur on Saturdays and Sundays. But if the Phillies fail to make the playoffs, then the final baseball game that my son and I will attend this season will be tomorrow’s game between the Philadelphia Phillies and the Florida Marlins.
Just in time for a certain law blogger’s birthday: “Harvey Birdman, Attorney at Law: Season Two” will be released on DVD on October 10, 2006.
“So Small a Town, So Many Patent Suits”: Tomorrow’s edition of The New York Times will contain an article that begins, “On a crisp Monday morning earlier this month, about 20 lawyers from some of the country’s top law firms shuffled their way into a brightly lit, wood-paneled federal courtroom in this small city in eastern Texas.” And a related graphic can be accessed here.
At “SCOTUSblog”: Tom Goldstein has a post titled “The Long Conference and the December Sitting” concluding that the U.S. Supreme Court‘s Justices may have a few extra hours of free time come December.
And proving that turnabout is fair play, Tom Goldstein interviews Nina Totenberg in a post titled “Podcast #3 — Interview with Nina Totenberg.”
“Why Blogs Are Bad for Legal Scholarship”: Law Professor Brian Leiter has this essay online at The Yale Law Journal’s Pocket Part web site.
At his “Legal Theory Blog,” Law Professor Larry Solum has a responsive post where he writes that “It seems to me that it is a very serious mistake to formulate a question such as ‘Are blogs good or bad for legal scholarship?'”
Available online from National Public Radio: Today’s broadcast of “Weekend Edition Saturday” contained an audio segment entitled “Compromise on Detainee Bill Leaves Much Unclear.”
And yesterday evening’s broadcast of “All Things Considered” contained audio segments entitled “Congress Adjusts to Detainee Deal” and “Detainee Deal and the Upcoming Midterm Elections.”
RealPlayer is required to launch these audio segments.
“More Journalists Facing Jail; Time to pass a federal shield law”: The Washington Post today contains an editorial that begins, “Unless a federal appeals court steps in, two reporters for the San Francisco Chronicle will head to jail for as long as 18 months.”
“Defense Lawyers Assail Legislation on Detainees; The bill faces scrutiny for stripping habeas corpus; Rights groups worry over vagueness”: The Los Angeles Times contains this article today.
And The New York Times today contains a related editorial entitled “Turning Back the Clock on Rape.”
“Hamas charge dropped; Move shocks lawyers for Bridgeview grocer”: This article appears today in The Chicago Tribune.
“Networking Born Killers: The eerie Weblogs of young murderers.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Judicial Nominee Up For Hearing; Bush, Rell Back Avon Candidate”: The Hartford Courant today contains an article that begins, “The nomination to the federal bench of State Superior Court Judge Vanessa L. Bryant, sharply criticized by state and federal bar groups, will be the subject of a hearing Tuesday by the U.S. Senate Committee on the Judiciary in Washington.”
“A Bad Court-Splitting Plan”: The New York Times today contains an editorial that begins, “The Senate held hearings this week on a proposal to split the San Francisco-based United States Court of Appeals for the Ninth Circuit in two.”
“Appeals panel sends journalist back to prison”: The San Francisco Chronicle today contains an article that begins, “Freelance journalist Josh Wolf returned to federal prison Friday after refusing to produce the outtakes of video footage he shot at a violent San Francisco protest in July 2005.”
“Ginsburg graces College of Law”: Yesterday’s issue of The Independent Florida Alligator contained this article along with this photograph.
And yesterday’s edition of The Gainesville Sun contained an article headlined “Justice Ginsburg on hand for law school tribute,” while Thursday’s newspaper reported that “Public not invited to justices’ UF visits.”
“U.S. Supreme Court Justice Thomas Visits With Students at The U”: The University of South Dakota issued this news release yesterday, along with this photograph.
“Supreme Court Justice Scalia to preside over Patrick Schiltz’s investiture as federal judge”: On Thursday, the University of St. Thomas issued this news release previewing a ceremony that took place yesterday.
Update: The blog “Power Line” offers a photo from the ceremony.
“High court gives judge a 15-minute reprimand; ‘Judge Downey, what were you thinking?’ the chief justice asks of the longtime jurist done in by computer porn and sex harassment claims.” The St. Petersburg Times contains this article today.
You can access online a video recording of the reprimand by clicking here (RealPlayer required), while the court filings in the case can be accessed via this link.
“Breaking prisoners, but not the case; The use of torture on suspects, a common practice around the world, rarely achieves its goal”: This article appears today in The St. Petersburg Times.
“Alito leads the way with sign bearing his name in Hamilton”: The Newark (N.J.) Star-Ledger today contains an article that begins, “The former Municipal Drive in Hamilton Township is seven-tenths of a mile long, but to the mayor and residents it represents the road to the Supreme Court of the United States. Yesterday, it was renamed Justice Samuel A. Alito Jr. Way in honor of the high court’s newest member and graduate of Hamilton’s public schools.”
And The Trenton Times today contains an article headlined “A sign Alito’s come a long way.”