“Lawyer suited for tough inquiries to replace Harriet Miers; Democrats’ rise created need to replace White House counsel, officials say”: This article will appear Sunday in The Austin American-Statesman.
Posted at 4:40 PM by Howard Bashman|
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Saturday, January 27, 2007
“Lawyer suited for tough inquiries to replace Harriet Miers; Democrats’ rise created need to replace White House counsel, officials say”: This article will appear Sunday in The Austin American-Statesman. Posted at 4:40 PM by Howard Bashman“Retardation appeals in limbo, years after ruling”: The Houston Chronicle today contains an article that begins, “Five years after the U.S. Supreme Court banned the execution of mentally retarded killers, 16 death row inmates from Harris County are still waiting to have their appeals on the issue resolved.” Posted at 4:35 PM by Howard Bashman“ACLU wants access to sealed wiretap filings; The government calls the group’s NSA case moot; Papers backing that motion are secret”: Henry Weinstein has this article today in The Los Angeles Times. And The New York Times today contains a related editorial entitled “The Bait-and-Switch White House.” Posted at 3:15 PM by Howard Bashman“Arar given $11.5-million in compensation; Canadian engineer tortured in Syria laments life he lost four long years ago”: This article appears today in The Toronto Globe and Mail. The New York Times reports today that “Canada to Pay $9.75 Million to Man Tortured in Syria.” The Washington Post reports that “Tortured Man Gets Apology From Canada.” And The Los Angeles Times reports that “Canada to compensate torture victim; Faulty intelligence labeled him a terrorism suspect; The U.S. deported him to Syria, where he was abused.” Posted at 3:12 PM by Howard BashmanThe Atlanta Journal-Constitution is reporting: Sunday’s newspaper will contain an article headlined “Intern helped win life-changing case” that begins, “Cliff Williams was as green as they come: 27 years old. Third-year law student. Intern. But there he stood that day, before a real judge, about to argue a motion in a real case. And not just any case. The case of a man he believed to be innocent. A man who had already served nearly 22 years of a 45-year sentence. His hands trembled. He was afraid his voice would quaver. But Williams managed that day to successfully argue for post-conviction DNA testing that would exonerate Willie O. ‘Pete’ Williams. It was perhaps a defining moment in a career that hasn’t even started. Pete Williams became a free man last week. Cliff Williams, who’s not related to his client, became intern extraordinare.” And today’s newspaper contains an article headlined “Location secrecy in murder trial may be a Ga. first” that begins, “A Forsyth County judge may be setting a precedent in Georgia by ordering that the location of Lynn Turner’s second murder trial be kept secret until one business day before jury selection. Other high profile cases — including the Fred Tokars murder trial and the murder conspiracy trial of former DeKalb County Sheriff Sidney Dorsey — were moved for pretrial publicity, but had no such restrictions.” Posted at 3:05 PM by Howard Bashman“A parking problem”: The St. Petersburg Times today contains an editorial that begins, “Has it gotten to the point where it needs to be said that a judge who decides disability claims should not park his car in a handicap space using a permit issued to someone else?” Earlier coverage can be accessed via this link. Posted at 3:00 PM by Howard Bashman“Va. Death Penalty Expansion Approved; Bills Likely to Go To Kaine, a Foe of Capital Punishment”: This article appears today in The Washington Post. Posted at 2:45 PM by Howard Bashman“Focus Is on Cheney at Libby Trial”: This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today’s broadcast of NPR‘s “Weekend Edition Saturday.” Posted at 2:35 PM by Howard Bashman“Columbine records may be sealed; Words of killers’ parents could be archived 25 years”: Today’s edition of The Rocky Mountain News contains an article that begins, “A federal judge said Friday he is considering sending depositions of the Columbine High School killers’ parents to a national archive, where they would be kept under seal for at least 25 years. U.S. District Court Judge Lewis T. Babcock’s suggestion angered parents of some victims, who said the depositions, along with other pieces of evidence from the 1999 murders, should be made public.” And The Denver Post today contains an article headlined “Judge: Seal Columbine depositions; One idea is to lock them in the National Archives for 25 years; Others want access to the statements by the killers’ parents.” Posted at 11:38 AM by Howard Bashman“Porn Filmmaker Finds Out a ‘K’ Can Be Owned”: The New York Times today contains an article that begins, “The cast was entirely Israeli. The script was entirely in Hebrew. The film was entirely treif. It was pornographic and it carried a kosher label on its cover, which its producer, Oren Cohen, said he thought would help the buzz.” In other coverage, The Bergen (N.J.) Record reported yesterday that “Kosher symbol on porn DVD hits nerve in Teaneck.” And TMZ.com recently published a post titled “Rabbi Yells ‘Cut!’ Over Porn Flick.” Posted at 11:33 AM by Howard BashmanHouse arrest at the Ritz-Carlton hotel in Marina del Rey: The Los Angeles Times today contains an article headlined “Not the slammer, not the hoosegow, but a five-star hotel room” that begins, “A businessman sentenced to home detention for conspiring to illegally videotape Michael Jackson is doing his time in an especially sweet home: the Ritz-Carlton hotel in Marina del Rey. Jeffrey Borer, sentenced in October for conspiring to sell a videotape of Jackson in 2003 when the pop singer was facing child molestation charges, has been living at the hotel with his wife. He is paying his debt to society with access to a harbor-side pool and restaurant, two tennis courts and a spa.” Posted at 11:10 AM by Howard BashmanHappy birthday to the Chief Justice of the United States: The Associated Press reports here that today, “John Roberts, chief justice of the United States, is 52.” Posted at 9:00 AM by Howard Bashman“Talk of the Gown: What the Supreme Court justices won’t say speaks volumes.” Dahlia Lithwick has this jurisprudence essay online today at Slate. Posted at 8:24 AM by Howard Bashman“Thomas recognizes Arnold brothers; Justice singles out Richard, says he had countenance for Supreme Court”: The Arkansas Democrat-Gazette contains this article today. Update: Some photos of Justice Clarence Thomas’s visit can be accessed here, here, and here. Posted at 8:20 AM by Howard Bashman“Alito gives luncheon taste of his experience; High Court’s newest justice recounts year”: This article appears today in The South Florida Sun-Sentinel. And The Palm Beach Post reports today that “Alito avoids controversy in West Palm luncheon talk.” Posted at 8:15 AM by Howard BashmanFriday, January 26, 2007
“Mrs. Alito Makes Nice With Ralph Neas”: Mary Ann Akers has this post today at her new blog,”The Sleuth,” at washingtonpost.com. And while Mrs. Alito got to make nice with Ralph Neas, at the very same book launch party I got to make nice with Nan Aron, who counts herself among the many fans of “How Appealing.” Posted at 11:30 PM by Howard Bashman“Move to disclose secret court’s spying orders”: Lyle Denniston has this post online at “SCOTUSblog.” Posted at 11:04 PM by Howard Bashman“Ruthless Nation: Paris Reigns Supreme Vs. Justice Ginsburg.” Andrea Peyser has this essay today in The New York Post. Posted at 11:00 PM by Howard Bashman“Supreme Court justice praises late federal judge from Ark.” The Associated Press provides a report that begins, “Supreme Court Justice Clarence Thomas remembered a late federal court judge from Arkansas on Friday as ‘perhaps the most outstanding judge in his time’ for championing individual liberties and judicial restraint. In a 35-minute speech to the University of Arkansas at Little Rock’s William H. Bowen School of Law, Thomas praised Richard Sheppard Arnold’s judicial style and sparingly offered his own opinion.” More details on Justice Clarence Thomas’s visit today to Little Rock can be accessed here. Posted at 10:48 PM by Howard Bashman“Justice Alito charms PBC Bar Association”: The Palm Beach Post provides this news update. And The Palm Beach Daily News on Saturday will contain an article headlined “Supreme traditions follow court.” Posted at 10:44 PM by Howard BashmanAvailable online from law.com: In news from Florida, an article reports that “The High Court’s Junior Justice Speaks Out.” In other news, “Ga. Bill Takes Aim at Sentencing That Resulted in 10-Year Term for Teen Sex.” Charles S. Barquist and Jason A. Crotty have an essay entitled “‘MedImmune v. Genentech’: The Supreme Court Upends the Federal Circuit’s Declaratory Judgment Jurisprudence.” And the brand new installment of my weekly “On Appeal” column is headlined “Decorum on Appeal: When Judges Are Under Attack.” Posted at 10:38 PM by Howard Bashman“Federal Court Rules Against EPA”: The Associated Press provides a report that begins, “The Environmental Protection Agency must force power plants to protect fish and other aquatic life even if it’s expensive, a federal appeals court said in a ruling favoring states and environmental groups.” My earlier coverage appears at this link. Posted at 9:15 PM by Howard BashmanJan Crawford Greenburg discussed her new book on today’s broadcast of WNYC public radio’s “The Leonard Lopate Show“: You can listen online via this link, or you can download the mp3 audio by clicking here. The segment runs approximately 32 minutes. Posted at 7:00 PM by Howard Bashman“Gonzales appoints political loyalists into vacant U.S. attorneys slots”: McClatchy Newspapers provide this report. Posted at 6:45 PM by Howard Bashman“Bush does not seek diversity on the bench”: In today’s edition of The Clarion-Ledger of Jackson, Mississippi, columnist Eric Stringfellow has an op-ed that begins, “It’s unfortunate that President Bush has tapped Leslie Southwick to star in the latest sequel to fill a vacancy on the 5th U.S. Circuit Court of Appeals.” Posted at 5:55 PM by Howard Bashman“Canada Apologizes to Deportation Victim”: The Associated Press provides a report that begins, “The prime minister apologized Friday to a Syrian-born Canadian and said he would be compensated $8.9 million for Ottawa’s role in his deportation by U.S. authorities to Damascus, where he was tortured and imprisoned for nearly a year. Prime Minister Stephen Harper again called on Washington to remove Maher Arar from its no-fly and terrorist watchlists. He reiterated that Canada would keep pressing the United States to clear Arar’s name.” And The Toronto Globe and Mail provides a news update headlined “Harper apologizes to Arar for torture in Syria; Prime Minister unveils a compensation package of $10.5-million and says Ottawa will keep pressing U.S. on his behalf.” Posted at 4:07 PM by Howard BashmanJan Crawford Greenburg, on book tour: On the evening of Monday, January 29, 2007, she’ll be at Temple Jeremiah in Northfield, Illinois. Details here and here. Midday on Tuesday, January 30, 2007, she’ll be speaking at the Union League Club of Chicago. Details and online registration are available here. On the afternoon of Thursday, February 1, 2007, she’ll be at Pepperdine University School of Law to discuss the book. Also scheduled to take part in the discussion are Jonathan Varat, Jesse Choper, Professor Doug Kmiec, and Dean Ken Starr. Details here. And then on the afternoon of Saturday, February 3, 2007, Jan will be at the Book Passage bookstore in San Francisco. Details here. In case you missed it, early this morning at “The Volokh Conspiracy,” Ilya Somin had a post about Jan’s new book in which he wrote, “it is probably the best book about the Supreme Court that I have ever read that was written by a journalist.” Posted at 3:33 PM by Howard Bashman“Girl in Foster Care Reunited with Birth Parents”: This audio segment (RealPlayer required), focusing on a ruling that the Supreme Court of Tennessee issued this week, appeared on today’s broadcast of NPR‘s “Day to Day.” My earlier coverage appears here and here. Posted at 3:18 PM by Howard Bashman“‘Ask the Author’ with Jeff Rosen: Part 1.” This post appears today at “SCOTUSblog.” Posted at 1:22 PM by Howard BashmanIn today’s mail: An Associate Justice William Cushing mini-bobblehead doll. Information about Justice Cushing can be accessed here and here. Posted at 11:45 AM by Howard Bashman“Dismissal of Lawsuit Against Warrantless Wiretaps Sought”: Earlier today, I linked here to an article bearing that headline published today in The Washington Post. And last night, I linked here to a related article headlined “Secrecy Is at Issue in Suits Opposing Spy Program” that Adam Liptak has today in The New York Times. I have posted online here and here copies of the federal government’s filings yesterday in the U.S. Court of Appeals for the Sixth Circuit that are discussed in the two above-linked newspaper articles. Posted at 11:35 AM by Howard Bashman“Jury rejects Kopp’s defense; Killer of doctor is found guilty on both counts”: The Buffalo News today contains an article that begins, “James C. Kopp failed to sway a single juror with his argument that he had a right to shoot Dr. Barnett A. Slepian to stop him from performing abortions. Jurors also rejected Kopp’s repeated contentions that he never meant to kill Slepian, only wound him, or that Slepian died because the bullet took what he called a crazy ricochet.” Posted at 11:18 AM by Howard Bashman“Horse-slaughter industry in flux; Airlines won’t carry meat, plants’ status hazy after ban upheld”: The Dallas Morning News today contains an article that begins, “A federal court decision that upheld a Texas ban on horse meat for human dining has thrown the horse-slaughter industry into flux, with two airlines saying they won’t transport the meat and with representatives of Texas’ two slaughter plants giving conflicting reports about whether they have temporarily ceased operations.” And Wednesday in The Fort Worth Star-Telegram, columnist Bob Ray Sanders had an op-ed entitled “Outrage over horse meat is perplexing and even hypocritical.” Posted at 10:54 AM by Howard Bashman“As D.C. experience ends, Miers focuses on positive; Leaving post as Bush counsel, she has options to weigh back in Dallas”: Today in The Dallas Morning News, Todd J. Gillman has an article that begins, “Not long ago, Harriet Miers was heading for any lawyer’s dream job — a lifelong seat on the Supreme Court. In a few days, she’ll leave here entirely, vacating a big West Wing office and returning to Dallas to size up her options.” Posted at 10:50 AM by Howard BashmanToday’s rulings of note from the U.S. Court of Appeals for the Sixth Circuit: 1. On rehearing en banc, the Sixth Circuit today recognizes that in reviewing labor-management arbitration awards, that court had previously failed to adhere to the severely restricted standard of review that the U.S. Supreme Court has specified. You can access today’s ruling at this link. The en banc majority opinion is written by Circuit Judge Jeffrey S. Sutton, who called for en banc review in a concurring opinion issued one year ago tomorrow, when the original three-judge panel filed its ruling in this very same case. My earlier coverage of that three-judge panel’s ruling can be accessed here. 2. In a second decision issued today, the Sixth Circuit resolves “a question that has not been considered by this or any other court — whether the record rental exception to copyright’s first sale doctrine applies to all sound recordings, or only sound recordings of musical works.” The majority on a divided three-judge panel concludes that the section of the federal Copyright Act “applies only to sound recordings of musical works and does not apply to sound recordings of literary works.” 3. Today’s final ruling of note from the Sixth Circuit examines whether a U.S. Supreme Court decision from 2005, holding on writ of certiorari to the Michigan Court of Appeals that that the due process and equal protection clauses of the U.S. Constitution require the appointment of counsel for defendants seeking leave to appeal from a plea-based conviction in Michigan state court, applies retroactively to defendants who now challenge by means of a federal writ of habeas corpus the earlier denial of counsel in their direct state court appeal from a plea-based conviction. The majority, in an opinion by Circuit Judge Boyce F. Martin, in which Circuit Judge Martha Craig Daughtrey joins, holds that the right to counsel on direct appeal from a guilty plea in a Michigan state court does apply retroactively on habeas review. U.S. District Judge Danny Reeves of the Eastern District of Kentucky, sitting by designation, dissents. This case strikes me as a strong candidate for rehearing en banc. Posted at 10:10 AM by Howard Bashman |
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