“A voice from Gitmo’s darkness: A current detainee speaks of the torture and humiliation he has experienced at Guantanamo since 2002.” Jumah al-Dossari has this op-ed today in The Los Angeles Times.

“Justice enters Prop 2 case; Court seeks briefs; U-M drops race, gender to qualify”: This article appears today in The Detroit Free Press.

The Lansing State Journal reports today that “D.C. law firm pushes for Prop 2 compliance; U-M to follow law as courts consider appeal.”

The Ann Arbor News reports that “U-M to ignore race and gender on applications; University will comply with Proposal 2 immediately.”

And The Michigan Daily reports that “Despite Prop 2, race will stay on applications; ‘U’ will trust admissions officers to ignore race, gender.”

“U.S. seeks charge reinstated; Padilla, others face terrorism trial Jan. 22”: The Atlanta Journal-Constitution contains this article today.

The South Florida Sun-Sentinel reports today that “Terror ruling faces scrutiny; U.S. wants to revive charge for Padilla, 2 others.”

And USA Today reports that “U.S. presses life-sentence option for Padilla.”

“Appeals judges dig into Missouri execution procedures”: This article appears today in The St. Louis Post-Dispatch.

And The Associated Press reports that “Court panel hears Mo. execution case.”

“Jury selection to begin in Nichols trial”: The Atlanta Journal-Constitution today contains an article that begins, “Jury selection begins Thursday in the death penalty trial of accused courthouse killer Brian Nichols.”

“Trapped at Guantanamo”: Melissa Hoffer has this op-ed today in The Boston Globe.

“Bush Resubmits Judge’s Name; Bar Associations Oppose Bryant For Federal Bench, But She Has Key Backing”: The Hartford Courant today contains an article that begins, “The White House has resubmitted its federal judicial nomination of state Judge Vanessa L. Bryant, whose appointment the U.S. Senate failed to act upon last year after she underwent a bruising review of her qualifications.”

“Law Firm Employee Is Accused of Posing as Lawyer in Court”: The New York Times contains this article today.

“Too Casual To Sit on Press Row? Bloggers’ Credentials Boosted With Seats at the Libby Trial.” This article appears today in The Washington Post.

And don’t miss this post from last night describing a blogger’s impact at the appellate level in the U.S. Court of Appeals for the D.C. Circuit.

“Let There Be ‘Blight’: Welcome to the post-Kelo world.” William R. Maurer has this op-ed today in The Wall Street Journal.

It’s allegedly hard out here for a former federal prosecutor: The Newark Star-Ledger today contains an article headlined “Former U.S. prosecutor charged in call-girl ring; Ex-trooper also arrested in a ‘disgraceful’ case.”

The New York Post today contains an article headlined “All Rise! Lawyer ‘Pimped’; Ran a brothel for busted client: DA.”

The New York Times reports that “A Tough Defense Lawyer Finds He’s in Need of One.”

And The New York Sun reports that “Former Prosecutor Accused Of Running Prostitution Ring.”

Thanks to YouTube, you can access a video of the Oscar-winning song “It’s Hard Out Here for a Pimp” by clicking here.

“New Iraq Commander Spoke Up for Judith Miller”: Josh Gerstein has this article today in The New York Sun.

“Two Recent Federal Appellate Decisions on Prisoners’ Religious Exercise Claims: Illustrations of the Application of the Religious Land Use and Institutionalized Persons Act to the Prison Context.” Marci Hamilton has this essay online today at FindLaw.

“Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?” That was the title of the December 4, 2006 installment of my “On Appeal” column for law.com.

In that essay, I criticized a recent ruling of the U.S. Court of Appeals for the Ninth Circuit and a recent ruling of the Superior Court of Pennsylvania.

On Wednesday, the Pa. Superior Court withdrew its three-judge panel opinion and granted reargument en banc of its decision. You can access that court’s docket entries at this link.

“I appreciate the temptation to make every law ‘the best it can be,’ but that is not the Supreme Court’s current mode of statutory interpretation”: So writes Chief Judge Frank H. Easterbrook, dissenting in part from a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Wednesday. Circuit Judge Richard A. Posner joined in the majority opinion.

“[M]ore research will be needed to establish whether failures to report or return have properly been categorized by this and most other courts as crimes of violence.” Is failing to report to jail on time to begin serving a criminal sentence a “crime of violence”? Circuit Judge Richard A. Posner today issued this interesting opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

“CIA Defends Document Secrecy at Trial”: The Associated Press provides a report that begins, “The CIA cannot reveal ‘alternative interrogation methods’ used on terrorists because doing so would cause exceptionally grave damage to national security by telling enemies how the agency gathers intelligence, the government has told a judge.”

On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contained audio segments entitled “University of Michigan Head Balances Law, Diversity” and “Michigan School Announces New Admissions Rules” (RealPlayer required).

“5 years after detainees’ arrival, policy questions remain”: Carol Rosenberg of McClatchy Newspapers provides a report that begins, “Only a few reporters and military escorts were allowed to observe the airstrip at Guantanamo Bay, Cuba, the afternoon of Jan. 11, 2002, when the U.S. military cargo plane touched down bearing its bizarre and scary cargo: 20 men in day-glo orange jumpsuits, chains and masks.”

“Rights of Unions and Nonmembers Vie at Court”: Linda Greenhouse will have this article Thursday in The New York Times.

In Thursday’s edition of The Washington Post, Robert Barnes will report that “Justices Hear Case on Right of Unions to Use Nonmembers’ Dues.”

Stephen Henderson of McClatchy Newspapers reports that “Court unlikely to grant 1st Amendment rights to union political activity.”

And at law.com, Tony Mauro reports that “Supreme Court Shows an Anti-Union Hand.”

Excellent news from the D.C. Circuit: This evening, the following email arrived from Chief Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the D.C. Circuit:

On November 22, 2006 your blog “How Appealing” called our attention to the confusion surrounding the D. C. Circuit’s resolution of the rehearing petition filed in Abigail Alliance for Better Access to Dev.
Drugs v. Von Eschenbach, 445 F.3d 470 (D.C. Cir.), panel reh’g denied, 469 F.3d 129 (D.C. Cir.), judgment vacated and reh’g en banc granted, No. 04-5350 (D.C. Cir. Nov. 21, 2006). You correctly observed that the published panel decision denying rehearing was immediately available on the Court’s website but the unpublished en banc Court’s order granting rehearing was not readily available to the public until the following day and then only to those who have accounts with the federal judiciary’s PACER electronic docket service and pay a fee.

As a result of your blog, I asked the Court at a recent meeting to change our practice. I am pleased to report that the Court adopted a policy of publishing all orders that grant panel rehearing or that grant rehearing en banc. Consequently, in the future, such orders will be available to the public, immediately and without charge. Thank you for bringing this matter to the attention of the court.

This is truly excellent news, and I thank Chief Judge Ginsburg for bringing this change in practice to the attention of this blog’s readers. My post from November 22, 2006 refereced in Chief Judge Ginsburg’s email can be accessed at this link.

Thanks for a wonderful evening: Just wanted to thank my dinner and pre-dinner companions for a wonderful evening here in Washington, DC.

The Associated Press is reporting: An article reports that “Appeals Court to Hear S.D. Abortion Case.” My earlier coverage of yesterday’s development appears at this link.

And an article reports that “Federal Court Says ‘Alpha Dog’ Can Open.”

“Supreme Court Considers Union Spending”: This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today’s broadcast of NPR‘s “Day to Day.”

“The Brennan Memos: Brennan on abortion.” Jim Newton has this jurisprudence essay online today at Slate.

Greetings from Washington, DC: The U.S. Supreme Court has posted online at this link its ruling today in Norfolk Southern R. Co. v. Sorrell, No. 05-746.

In news coverage, The Associated Press reports that “High Court Rules on Railroad Negligence.”

Today’s oral argument transcript in Zuni Public School Dist. v. Department of Education, No. 05-1508, can be accessed here.

And today’s oral argument transcript in Davenport v. Washington Ed. Assn., No. 05-1589, can be accessed here.

In news coverage, The AP reports that “Supreme Court Hears Union Fees Lawsuit.”

Programming note: I’ll be traveling to Washington, DC this afternoon in connection with a work-related matter that will require my presence there on Thursday and Friday. This evening, I’ll be visiting with a couple of friends in the mainstream media, one of whom was so kind as to pick up my Justice Anthony M. Kennedy bobblehead doll from The Green Bag‘s headquarters in Virginia.

Additional posts will appear online later today.

The Daily Journal of California is reporting: In today’s newspaper, Lawrence Hurley reports that “9th Circuit Renomination Prolongs Calif., Idaho Battle.”

And Brent Kendall reports that “Justices Reject ‘Blakely’ Follow-Up.”

“Ninth Circuit asked to rehear Boy Scout appeal en banc”: The Boy Scouts of America organization has issued this press release. You can access the rehearing petition at this link.

My earlier coverage of the divided three-judge panel’s decision in the case can be accessed here. On December 26, 2006, the three-judge panel issued an order suggesting that at least one judge on that court believes that the case may be a good candidate for rehearing en banc.

Today’s opinions of note from the U.S. Court of Appeals for the Sixth Circuit: Circuit Judge Martha Craig Daughtrey is the author of all three for-publication opinions that the Sixth Circuit issued today.

In the first of those three decisions, the Sixth Circuit has ruled that the so-called “ministerial exception” precludes subject matter jurisdiction over a woman’s claim that her termination from employment as a resident in a hospital’s Clinical Pastoral Education program violated the Americans with Disabilities Act. You can access the decision at this link.

A second decision addresses when the equitable doctrine of laches may be raised as a defense in a copyright infringement suit given that Congress has prescribed a specific limitations period during which actions under the statute may be brought. The Sixth Circuit’s answer is that laches may sometimes, if only rarely, be raised as a defense to an otherwise timely copyright infringement lawsuit. You can access the decision at this link.

The third and final decision issued today overturns the dismissal on summary judgment of a lawsuit alleging that a Michigan police officer violated the federal civil rights of a man, while placing him under arrest, when applying a choke hold that caused the man’s death. The second to last paragraph of the opinion states, “When the facts in this case are viewed in the light most favorable to the plaintiff, it is clear that Partee posed no threat to the officers or anyone else. It follows that the use of the neck restraint in such circumstances violates a clearly established constitutional right to be free from gratuitous violence during arrest and is obviously inconsistent with a general prohibition on excessive force.” You can access the opinion at this link.

“Smuggling Deaths Deliberations to Resume”: The Associated Press provides this report from Houston.

“High Court Sorts Through Challenge on Union Fees”: This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today’s broadcast of NPR‘s “Morning Edition.”

“Court rules on rail injury dispute”: Lyle Denniston has this post at “SCOTUSblog.”

According to Lyle’s post, the U.S. Supreme Court‘s ruling today in Norfolk Southern R. Co. v. Sorrell, No. 05-746, was the only decision issued today in an argued case. The case was argued on October 10, 2006, and you can access the oral argument transcript at this link.

Update: “SCOTUSblog” provides access to the ruling via this link.

“Court limits testimony of first live witness in Microsoft trial; A lawyer says the move will not affect the antitrust case against the software giant”: This article appeared last Friday in The Des Moines Register. Counsel for the plaintiffs now have a web site providing free access to the trial transcripts from the case.

“Prosecutors offer glimpse of People v. Lord Black”: The Toronto Globe and Mail contains this article today.