On this evening’s broadcast of NPR‘s “All Things Considered“: The broadcast contained audio segments entitled “Court May Hand Over Convicted American to Iraq” and “Illinois Says Farewell to Chief Illiniwek Mascot” (RealPlayer required).
“Judge says 3 from Navy brig must testify at terror suspect’s sanity hearing”: The South Florida Sun-Sentinel provides a news update that begins, “Three officials from the South Carolina Navy brig where terror suspect Jose Padilla was imprisoned for more than three years must appear to testify at a Feb. 22 court hearing on whether the former Broward resident is mentally fit to stand trial, a Miami federal judge ruled on Friday.”
And Reuters reports that “Judge orders Padilla’s military jailers to testify.”
In related coverage, Miami’s CBS4 provides a report headlined “Exclusive: Jose Padilla’s Mother Talks.”
“Court Allows Lawsuit Over Morgue Photos”: The Associated Press provides this report.
My earlier coverage of today’s Sixth Circuit ruling appears at this link.
Available online from law.com: An article reports that “Tobacco Claims Will Start Smoking Again, Thanks to Calif. Ruling.” My earlier coverage appears at this link.
Katherine A. Fallow and Scott B. Wilkens have an essay entitled “Government Gone Wild: Regulations for ‘Explicit’ Materials Move Into the Mainstream; Record-keeping requirements and associated penalties threaten to reach far beyond the arena of adult entertainment.”
And the brand new installment of my weekly “On Appeal” column is headlined “The Chief Justice’s Quest for Less Fractured Supreme Court Rulings.”
“Appointee for U.S. attorney vacancy won’t seek a permanent post”: McClatchy Newspapers provide this report.
“In Defense of Dissents”: Reynolds Holding has this essay online at Time magazine’s web site.
“High court denies rights for non-blood partners”: The Salt Lake Tribune provides a news update that begins, “The Utah Supreme Court dealt a blow Friday to unmarried parents – gay or straight – who are raising children related by blood to only one partner. In a split decision in the case of a 5-year-old girl conceived in a lesbian relationship, the justices said Keri Lynne Jones of Taylorsville does not have the right to seek visitation with the child – even though Jones and her former partner decided to have her together, once raised her together, and gave her both of their surnames.”
My earlier coverage appears at this link.
Access online the Law School Deans’ Letter on Judicial Pay: This Valentine’s Day missive was sent to the chair of the Senate Judiciary Committee. If you enjoy one-page letters with thirteen additional pages of signatories, you won’t want to miss it.
“Orie Melvin Must Keep Pay Raise”: The Legal Intelligencer of Philadelphia provides this news update (free access).
My most recent earlier coverage appears here.
“MySpace isn’t Mommy: If the Internet is to flourish, websites can only go so far in acting as online surrogate parents to protect children.” The Los Angeles Times contains this editorial today.
My earlier coverage appears at this link.
“Libby defense skirted conspiracy theory; The former White House aide’s fate in his perjury trial may rest on a lack of evidence — and the fact that he did not testify”: This article appears today in The Los Angeles Times.
And today in The New York Sun, Josh Gerstein reports that “In Leak Case, Jurors Given Plethora of Reasons To Acquit Libby.”
“Former Rove Aide Won’t Seek Nomination in Ark.” The Washington Post provides a news update that begins, “Tim Griffin, the former aide to presidential adviser Karl Rove who has been at the center of a political storm over U.S. attorney firings, says he will not seek the nomination to be chief prosecutor in Little Rock, Ark.”
“State appeals court upholds ban on sale of sex toys; Adult-store owner says it is a violation of right to privacy”: This article appears today in The Huntsville Times.
My earlier coverage of Wednesday’s Eleventh Circuit ruling appears at this link.
“Spouse Abuse: A gay marriage ban that hurts conservatives.” Jonathan Cohn has this essay online at The New Republic.
“Reparations for GTMO?” Terry Moran has this post at his blog on ABCNews.com.
“The Utah Supreme Court today affirmed the parental rights of Cheryl Barlow, the mother of a 5-year-old child, granting Barlow’s request to reverse a lower court decision that had granted parental standing to her former partner, a lesbian political activist.” So begins a press release that Alliance Defense Fund issued today.
Today’s ruling of the Supreme Court of Utah in Jones v. Barlow can be accessed here.
“Pa. Superior Court judge forced to take raise”: The Pittsburgh Tribune-Review today contains an article that begins, “Superior Court judge and pay raise rebel Joan Orie Melvin has to take the money, a state appeals court ruled Thursday. Orie Melvin’s attempt to decline the 15 percent pay raise that lawmakers approved in June 2005 would ‘violate the rule of law,’ the state Commonwealth Court ruled.”
The Pittsburgh Post-Gazette provides a news update headlined “Judge Melvin loses bid to avoid pay raise.”
And The Associated Press reports that “Appeals court says Judge Melvin can’t refuse pay raise.”
According to yesterday’s non-precedential ruling of the Commonwealth Court of Pennsylvania, “Petitioner may proselytize ad infinitum against the level of judicial salaries during her retention campaign…. However as a judge she should not be filing specious complaints in judicial forums. Petitioner is free to donate all of her pay increase to charities of her choice. However as a judicial officer she is not free to ignore the Pennsylvania Constitution so as to create a two tiered system of judicial compensation.”
In the January 16, 2007 installment of my weekly “On Appeal” column for law.com — headlined “Judicial Pay: Too Much, Too Little or Just Right?” — I discussed this lawsuit and likewise recommended that “Orie Melvin should dismiss her lawsuit against the state and instead donate whatever portion of her paycheck she does not feel entitled to keep to charitable organizations.”
“[W]here serious bodily injury or death does not occur, Congress did not intend that a conviction for sending an anthrax hoax letter could result in life imprisonment.” A state prisoner who sent an anthrax hoax letter to the Clerk’s Office of the U.S. District Court for the Northern District of Florida in Pensacola was motivated by a hope to serve his sentence in federal prison rather than in state prison.
He initially achieved his goal, having been sentenced to life imprisonment without parole for that federal offense. Today, however, the U.S. Court of Appeals for the Eleventh Circuit vacated the life sentence and remanded the case for resentencing to what presumably will be a shorter term of years. You can access today’s ruling at this link.
D.C. Circuit affirms denial of writ of habeas corpus to a U.S. Army soldier who sought discharge as a conscientious objector shortly before his scheduled deployment to Iraq: You can access today’s ruling at this link. The opinion notes that “For purposes of the federal habeas corpus statutes, members of the Armed Forces are in the custody of the United States government. After exhausting all procedures for administrative relief, service members may challenge their custody by petitioning for a writ of habeas corpus in federal court under 28 U.S.C. sec. 2241.”
In news coverage, The Associated Press reports that “Court Refuses Medic’s Discharge Claim.”
And there’s also a web site devoted to the soldier’s side of the case.
“Microsoft and Ma Bell in Supreme Court duel; The nation’s top court will have to decide whether Microsoft is liable for violating one of AT&T’s domestic patents overseas”: CNNMoney.com provides this report.
“The Grassroots Abortion War: Crisis pregnancy centers are fielding an anti-abortion guerrilla army to win over one woman at a time; Are they playing fair?” Time.com yesterday posted online this lengthy article.
“White House Is Reported to Be Linked to a Dismissal”: The New York Times today contains an article that begins, “A United States attorney in Arkansas who was dismissed from his job last year by the Justice Department was ousted after Harriet E. Miers, the former White House counsel, intervened on behalf of the man who replaced him, according to Congressional aides briefed on the matter.”
“The substance of Chesher’s claims arises from the heavily publicized discovery in January of 2001 of at least 317 allegedly improper photographs of dead bodies taken at the Hamilton County Morgue. Taken between August of 2000 and mid-January of 2001, the photographs depict the bodies in unnatural ‘artistic’ poses, often employing props for effect.” So begins the “Factual Background” section of an opinion that the U.S. Court of Appeals for the Sixth Circuit issued today.
“U. of I. decides to end Chief Illiniwek’s run”: The Chicago Tribune today contains an article that begins, “Unless a judge stops them, University of Illinois officials will announce Friday that Chief Illiniwek, the controversial and storied mascot who has performed for 81 years, is to dance for the last time next week.”
The Chicago Sun-Times today contains an article headlined “Chief complaint: Student chiefs sue University of Illinois to block school from dumping mascot.”
And The Daily Illini contains articles headlined “Sources: University to retire the Chief Friday” and “Students sue to stop NCAA sanctions over Chief Illiniwek.”
“Court ruling reignites tobacco suits; California justices unanimously reject a 2002 federal decision that had effectively blocked smokers from seeking damages”: Maura Dolan has this article today in The Los Angeles Times.
And today in The San Francisco Chronicle, Bob Egelko reports that “Supreme Court clears the way for tobacco injury lawsuits.”
You can access yesterday’s ruling of the Supreme Court of California at this link.
“Reporters in BALCO scandal criticized; Journalists’ decision to grant anonymity to a source with an ax to grind is questioned”: The Los Angeles Times contains this article today.
Today in The San Francisco Chronicle, Bob Egelko reports that “Lawyer enters guilty plea as BALCO leaker; Government backs off reporters — they avoid possible prison.”
The New York Daily News reports that “Feds drop the paper chase; Lawyer pleads to BALCO leaks.”
And The Guardian (UK) reports that “Journalists’ prison threat lifted after lawyer admits Balco leak.”
“In Fraud Case, 7 Years in Jail for Contempt”: This article appears today in The New York Times.
“City man named federal judge”: The Pocatello Idaho State Journal today contains an article that begins, “Sixth District Judge N. Randy Smith considers his unanimous confirmation Thursday to the Ninth Circuit Court of Appeals by the U.S. Senate a bittersweet moment.”
And The Associated Press reports that “Senate confirms judicial nominee.”
“Senate Consternation Process: Dianne Feinstein gets busy undercutting the war on terror at home.” Kimberley A. Strassel has this op-ed today in The Wall Street Journal.
“Ruling Favors Grandparents Seeking Visitation”: Today in The New York Sun, Joseph Goldstein has this article in which I am quoted.
And The Associated Press reports that “Top NY court upholds state’s grandparents visitation law.”
My earlier coverage appears at this link.
“Justice Alito’s Dissent in Cunningham v. California: How Can Someone So Wrong, Be So Right?” Vikram David Amar and Aaron Rappaport have this essay online today at FindLaw.