“Retirement funds can be tapped for restitution; Court says criminal’s accessible pension not protected by law”: Yesterday in The San Francisco Chronicle, Bob Egelko had this article reporting on Thursday’s 10-5 ruling of an en banc panel of the U.S. Court of Appeals for the Ninth Circuit.
“Privacy not guaranteed in discussing execution method, U.S. judge rules”: Maura Dolan has this article today in The Los Angeles Times.
Today in The San Francisco Chronicle, Bob Egelko reports that “Judge rejects secrecy for death penalty data.”
The San Jose Mercury News reports that “Execution plan can be drafted; Lawyers agree to secret process.”
And The Sacramento Bee contains an article headlined “Deal on execution review; Inmate’s lawyer, media agree state can develop new protocol in secrecy.”
“Federal Supervision of Race in Little Rock Schools Ends”: This article appears today in The New York Times.
My earlier coverage appears at this link.
“Guantanamo rights”: The St. Petersburg Times today contains an editorial that begins, “A ruling by a federal appellate court that shuts the courthouse door on the detainees imprisoned in Guantanamo only makes it more imperative that Congress act to restore the right of habeas corpus to this population.”
“To Push Death Penalty Or Not; Prosecutors Asked In Court To Explain How They Decide”: The Hartford Courant today contains an article that begins, “Five of the state’s top prosecutors – who usually ask the questions in court – were forced to answer them on the witness stand Friday as defense lawyers for a convicted murderer mounted a challenge to the constitutionality of the state’s death penalty.”
“Same-sex teaching upheld; Lexington parents say they’ll appeal”: The Boston Globe today contains an article that begins, “A federal judge yesterday dismissed a suit by two couples who contended that the Lexington public school system violated their constitutional rights by teaching their young children about same-sex couples, but the ruling is unlikely to end a controversy that has roiled the district for nearly two years.” And a related editorial is entitled “Upholding diversity lessons.”
You can access yesterday’s ruling of the U.S. District Court for the District of Massachusetts at this link.
“A Brave New Wikiworld”: Today in The Washington Post, Law Professor Cass R. Sunstein has an op-ed that begins, “In the past year, Wikipedia, the online encyclopedia that “anyone can edit,” has been cited four times as often as the Encyclopedia Britannica in judicial opinions, and the number is rapidly growing.”
“MP3 Patent Verdict Harmless To Music Fans — For Now”: The Washington Post contains this article today.
And The Los Angeles Times today contains an editorial entitled “Patent problems in patent law: A $1.52-billion ruling against Microsoft could hobble technological innovation.”
My earlier coverage appears at this link.
“Co-Defendants of Padilla Are Seeking to Split Cases”: This article appears today in The New York Times.
“Army refiles Watada charges”: The Seattle Times today contains an article that begins, “Undaunted by an initial mistrial, the Army on Friday refiled charges against 1st. Lt. Ehren Watada, a Fort Lewis officer who faces up to six years in prison for failing to deploy to Iraq and alleged misconduct.”
The Honolulu Advertiser today contans an article headlined “It’s ‘back to square one’ for Watada.”
The Honolulu Star-Bulletin reports that “Army, Watada ‘back at square 1’; The military charges the officer again after his first court-martial ended in a mistrial.”
The Associated Press reports that “Army’s Iraq War Objector Charged Again.”
And Reuters reports that “U.S. Army refiles charges against war objector.”
“Better Pay for Judges”: The New York Times today contains an editorial that begins, “Justice Anthony Kennedy of the Supreme Court told the Senate this month that the salaries paid to federal judges are so low that they threaten both the quality and independence of the judiciary. The problem is real, and Congress should quickly pass a bill to fix it.”
“Judge says his free speech is on trial; Faces possible removal from bench after City of Toronto alleged appearance of bias”: The Toronto Star today contains an article that begins, “A Toronto judge who faces possible removal from the bench over allegations that his opposition to a development project in his neighbourhood affected his ability to sit in impartial judgment of the city says the case will test the boundaries of judicial free speech.”
“Court puts security certificates in limbo; Ottawa forced to scramble after top court overturns key parts of controversial detention measures”: This article appears today in The Toronto Globe and Mail, along with an article headlined “Charkaoui joins fray on political judiciary.”
And The Toronto Star reports today that “Men denied fair hearing, court rules; In a unanimous decision on security certificates, judges call it unconstitutional to detain people based on secret evidence.” In addition, columnist Thomas Walkom has a news analysis headlined “Canada turns crucial corner.”
“Canadian Court Limits Detention in Terror Cases”: This article will appear Saturday in The New York Times.
And Saturday’s edition of The Washington Post will report that “Jailing Without Trial Rejected in Canada; Court Leaves 6 Security Suspects in Limbo.”
My earlier coverage of today’s ruling of the Supreme Court of Canada appears at this link.
“U.S. attorney ousted, judge says”: The Grand Rapids Press today contains an article that begins, “U.S. Attorney Margaret Chiara — the top federal prosecutor in West Michigan and the post’s first woman — is being asked to resign as part of a controversial shake-up across the country, the region’s chief federal judge said today.”
Saturday’s edition of The New York Times will report that “Eighth U.S. Attorney Dismissed From Post.”
And The Washington Post on Saturday will report that “Justice Department Fires 8th U.S. Attorney; Dispute Over Death Penalty Cited.”
Available online from law.com: Tony Mauro has an article headlined “Parents Fight for the Right to Represent Their Children in Case Before High Court; Local bar associations have investigated parent-advocates for unauthorized practice of law.”
In other news, an article reports that “N.J. Suit Could Be Test Case for Anonymous Web Posts.”
And the brand new installment of my “On Appeal” essay is headlined “‘Philip Morris’ Punitives Ruling May Contain Silver Lining for Plaintiffs.”
“Little Rock Freed of Deseg Supervision”: The Associated Press provides a report that begins, “A judge in one of the nation’s longest-running school desegregation cases released the Little Rock district from federal supervision Friday, nearly 50 years after President Eisenhower sent in troops to escort nine black students into all-white Central High.”
I have posted online at this link today’s ruling of the U.S. District Court for the Eastern District of Arkansas.
“High court ruling in Gloucester case defines bad faith in bankruptcy filings”: The Salem News yesterday published an article that begins, “A Gloucester man who fought all the way to the U.S. Supreme Court to convert his bankruptcy case to allow him to keep some assets lost his battle yesterday when the nation’s highest court agreed with previous rulings that he acted in bad faith by not disclosing assets to creditors.”
“MP3 Ruling Could Haunt Music Tech Firms”: The Associated Press provides a report that begins, “A federal jury’s ruling that Microsoft infringed on two MP3 patents and must pay $1.52 billion in damages could turn into a major sour note for other technology companies in the digital music business.”
Earlier today, I collected additional news coverage of yesterday’s verdict at this link.
“In Section 230 of the Communications Decency Act, Congress has granted broad immunity to entities, such as Lycos, that facilitate the speech of others on the Internet.” So holds a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit in a ruling issued today.
The court’s opinion begins:
Plaintiffs Universal Communication Systems, Inc. and its chief executive officer, Michael J. Zwebner, (collectively, “UCS”) brought suit, objecting to a series of allegedly false and defamatory postings made under pseudonymous screen names on an Internet message board operated by Lycos, Inc. UCS identified two of the screen names as having been registered to Roberto Villasenor, Jr. UCS sued not only Villasenor and the other posters of messages, as John Does, but also Lycos and Terra Networks, S.A., Lycos’s corporate parent at the time of the postings in question.
Today’s ruling affirms the dismissal of all of the plaintiffs’ claims.
“Is This America? Canada apologizes to its citizen kidnapped by CIA; U.S. keeps him on its terror list.” Nat Hentoff has this essay online at The Village Voice.
“Mom can’t fathom son’s jailing; Wrightwood woman takes up cause of federal shield law for reporters”: This article appears today in The San Bernardino County Sun.
And at c|net News.com, Charles Cooper has an essay entitled “Why we don’t care about Josh Wolf.”
“‘Philip Morris’ Punitives Ruling May Contain Silver Lining for Plaintiffs”: That’s the tentative title for the next installment of my “On Appeal” column for law.com, scheduled to be posted online around 10 p.m. eastern time tonight.
Appellate judge decides to “Judge not, that ye be not judged“: For the second time in three days, the U.S. Court of Appeals for the Federal Circuit has issued opinions containing a footnote that says, “Circuit Judge Moore heard oral argument in this appeal but subsequently determined not to participate, taking no position in the decision of the case.” If anyone can figure out what’s going on in these cases (see here and here), I’d love to hear your theory via email.
“Wait, Wait, Your Honor”: At WSJ.com’s “Washington Wire” blog today, Jess Bravin has a post that begins, “The tables will turn on Justice Stephen Breyer next month, when instead of posing obscure questions at Supreme Court arguments, he’ll be answering them — with no clerks to help on research. In an apparent first, Breyer will appear on a quiz show, as the celebrity guest on the March 17 installment of ‘Wait, Wait, Don’t Tell Me!,’ a weekly National Public Radio program featuring a panel of wits wisecracking about the week’s news.” You can access the radio program’s web site at this link.
“Hacker helps put judge in prison for child porn; Canadian whiz acted as ‘vigilante’ to find dozens of predators”: The Ottawa Citizen today contains an article that begins, “Nearly a decade after he began his career as a teenage ‘vigilante hacker,’ a Canadian computer whiz says it was ‘definitely satisfying’ to learn this week that his most high-profile target — a disgraced California judge — has finally been sentenced in a landmark child-pornography case that sparked widespread legal debate over the actions of ‘Citizen Tipster’ Bradley Willman.”
On Wednesday, I linked here to news reports of the judge’s sentencing.
“Court strikes down security certificates”: The Toronto Globe and Mail provides a news update that begins, “The Supreme Court of Canada has voted unanimously to strike down a controversial federal procedure used to deport suspected terrorists as being a violation of life, liberty and security of the person.”
You can access today’s ruling of the Supreme Court of Canada at this link.
In other coverage, Canadian Press provides a report headlined “Court to Ottawa: Rewrite anti-terror law; Supreme Court overturns anti-terror security certificates.”
CanWest News Service reports that “Canadian Supreme Court annuls anti-terror measure.”
And The Associated Press reports that “Canada Rules Indefinite Detention Wrong.”
Previewing the ruling, The Ottawa Citizen today contains an article headlined “Human rights, security meet in court; The Supreme Court will rule today on a central and controversial aspect of Canada’s anti-terrorism measures, the security certificate.”
Also, in June 2006, The Globe and Mail reported on oral argument in the appeal in an interesting article headlined “Case illuminates court’s inner workings.”
“Relief Denied? Two new Supreme Court justices control the fate of Texas’ condemned.” This article appears in today’s issue of The Texas Observer.
“Law, Politics, and Debate Merge in HLS Journal”: The Harvard Crimson today contains an article that begins, “Sitting in Harvard Law School’s Harkness Commons last fall, a group of students decided that the campus lacked a forum for progressive legal thought. Earlier this month, the students launched the Harvard Law & Policy Review in hopes of promoting discussion among liberal progressives, according to the journal’s editor-in-chief and co-founder, James H. Weingarten.”
The Atlanta Journal-Constitution is reporting: Today’s newspaper contains articles headlined “Funding problems stall Nichols trial; Judge orders a month’s delay to allow Legislature to decide if it will provide extra money for defense” and “Abortion bill will be rewritten; Would make doctors ‘offer’ ultrasound.”
“Panel finding answers elusive”: The St. Petersburg Times today contains an article that begins, “A panel reviewing Florida’s execution procedures over the last few weeks has heard testimony that is part spy novel and part horror film.”
And a related article is headlined “‘As if in pain’: Notes from Diaz execution.”
“A Nonpartisan Reputation at Stake; For Prosecutor, Libby Verdict May Mean Vindication or Political Taint”: The Washington Post contains this article today.
And The Associated Press reports that “Leak Trial Reveals Flaws in Note-Taking.”
“Defense Calls Padilla Incompetent for Trial”: This article appears today in The New York Times.
The Los Angeles Times reports today that “Padilla unfit for trial, defense experts say; 2 psychiatrists agree the terrorism suspect has post-traumatic stress disorder. His lawyers blame his treatment in custody.”
USA Today contains an article headlined “Psychiatrist: Solitary confinement has made Padilla unfit for trial.”
And The South Florida Sun-Sentinel reports that “Padilla mentally unfit for trial, 2 experts say.”
“Fake Private Parts Are No Joke, Myers Says; Delegate Wants to Ban Vehicle Displays of Plastic Genitals”: The Washington Post contains this article today.
And The Associated Press reports that “Lawmaker Comes Down on Plastic Gonads.”
“A Congressional Duty: Legislators should not expect courts to undo the lawmakers’ error of depriving foreign detainees of a fundamental right.” This editorial appears today in The Washington Post.