“Decision nears for changing athletes’ seasons; Supreme Court to look at Michigan case today; rejection would bring new schedules in fall”: This article appeared yesterday in The Detroit News.
And The Traverse City Record-Eagle reported yesterday that “MHSAA awaits high court ruling; Supreme Court considers season switch appeal.”
“Eminent domain holdouts sell; Two others still weighing their options”: Today’s edition of The Cincinnati Enquirer contains an article that begins, “Joy and Carl Gamble Jr. have reluctantly decided to give up plans to move back into the home they spent three years fighting to save from demolition in the landmark Norwood eminent domain battle. Because of serious health concerns, the Gambles have agreed to sell their house in Norwood to Rookwood Partners for $650,000 – or $370,000 more than the value a jury had placed on their property in the early part of the court fight.”
“High court won’t rule on policy; But another lawsuit planned over county’s strip-searches”: The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, “A court’s ruling protecting Minnehaha County’s policy of strip-searching juvenile delinquents will stand, but an opposing lawyer said he’ll try the case again with hundreds of new plaintiffs. The U.S. Supreme Court said this week it will not hear the case of Jodie Smook, who as a 16-year-old in 1999 was required to strip to her underwear when she was held at the county’s juvenile detention center for violating curfew.”
“Pa. high court’s burden: Bob Brady’s case adds another load for a court that has been perceived as playing politics.” The Philadelphia Inquirer today contains an article that begins, “The Pennsylvania Supreme Court has long had its issues – tiffs with the legislature, castigation of critics, even the impeachment in the mid-1990s of an errant justice. But perhaps the most enduring issue has been that it has not always been seen as a bastion of political independence. The decision last year to uphold pay raises for judges – while killing the raise for legislators – only fueled its image as a court too caught up in politics.”
Boston Red Sox 7, Philadelphia Phillies 5 (preseason): Dice-K was credited with the win (access the box score at this link), giving up three runs over four innings. He appears to have a deceptive mix of pitches, but he wasn’t always throwing them with great control. Not sure if he was featuring the gyroball as that’s not a pitch description that the scoreboard at Citizens Bank Park features. The first regular season game for the Phillies is on Monday, and my son and I will be there, as noted in this earlier post.
“Australian Critics See Politics in Detainee Deal”: The New York Times on Sunday will contain an article that begins, “In Australia, Prime Minister John Howard is facing accusations that the relatively brief sentence and yearlong order of silence on Guantanamo detainee David Hicks resulted from governmental pressure, charges he dismissed as ‘absurd.'”
“The Conscience of the Colonel: Lt. Col. Stuart Couch volunteered to prosecute terrorists; Then he decided one had been tortured.” Jess Bravin has this front page article (pass-through link) today in The Wall Street Journal.
And speaking of baseball: I was pleased to note that the Milwaukee Brewers will be playing at home during this year’s session of the Seventh Circuit’s Judicial Conference, at which I will be speaking. Based on the schedule of events, it appears that my best bet is to catch the game on the afternoon of Sunday, May 6, 2007 between the Brewers and the Pittsburgh Pirates.
Although I once attended a Brewers game at Milwaukee County Stadium (versus the Atlanta Braves), I have yet to set foot inside Miller Park.
“Judge’s jury award cut; High court justice gets $3 million less”: The Chicago Tribune today contains an article that begins, “Saying a $7 million verdict ‘shocks this judicial conscience,’ a trial judge Friday lopped $3 million from the amount a jury awarded to a state Supreme Court justice in a defamation case.”
The Daily Herald of Arlington Heights, Illinois reports today that “Justice’s libel award cut in half; Judge says state chief justice got too much money.”
And The Kane County Chronicle contains an article headlined “Damages drop in libel case.”
Update: WSJ.com’s “Law Blog” has posted the trial court’s ruling granting remittitur at this link.
“Testimony keeps Gonzales on the defensive; He’s asked to clear one of the fired federal prosecutors; Congress interviews a Justice aide”: The Los Angeles Times contains this article today. And Law Professor Douglas W. Kmiec has an op-ed entitled “In defense of Alberto Gonzales: When the attorney general testifies before a Senate committee, he’ll have precedent and the Constitution on his side.”
The Boston Globe reports today that “In Hub visit, Gonzales defends dismissals; AG says firings weren’t improper.” The newspaper also contains an editorial entitled “An enlarging scandal at Justice.”
And The New York Times contains an editorial entitled “Avoiding Secret Testimony.”
“Plea deal gets Australian nine months on terror charges; A military jury decided on a seven-year sentence but was preempted”: This article appears today in The Los Angeles Times.
And in The Miami Herald, Carol Rosenberg has an article headlined “Aussie captive’s deal: freedom by year-end; In a surprise deal, an al Qaeda foot soldier from Australia trades silence on any possible Guantanamo abuse for a nine-month prison sentence in his homeland.”
“Government argues Jefferson raid valid”: Today’s issue of The Washington Times contains an article that begins, “FBI agents who raided Rep. William J. Jefferson’s Capitol Hill offices last year in a bribery investigation did not violate the law when they seized papers and electronic files, the government argued yesterday in documents filed in the U.S. Court of Appeals for the D.C. Circuit.”
“Fenty, Groups Rally Against Court Ruling; Leaders, Youth Activists Decry Bid to Weaken Restrictions”: The Washington Post today contains an article that begins, “Standing before about three dozen students and young adults, Ron Moten, the co-founder of the advocacy group Peaceoholics, painted a grim picture yesterday to illustrate why he hopes to save the District ban on handguns.”
“An Upcoming Supreme Court Fourth Amendment Decision: Can a Passenger Be Constitutionally Searched After an Unconstitutional Traffic Stop?” Vikram David Amar has this essay online at FindLaw.
“Gonzales Offers Defense on Prosecutors’ Dismissals”: This article will appear Saturday in The New York Times. Today’s newspaper, meanwhile, contains an editorial entitled “Story Time in the Senate.”
The Washington Post on Saturday will report that “Gonzales Repeats Explanation Of a Marginal Role in Firings.” And today’s newspaper contains an editorial entitled “Candor at the Capitol: A former aide provides some of the straight answers that have been lacking from the attorney general.”
The Los Angeles Times today contains articles headlined “Former aide contradicts Gonzales; D. Kyle Sampson tells senators that the attorney general played a key role in talks that led to the firing of U.S. attorneys” and “Gonzales’ former aide rode the fast track; Senators balk at D. Kyle Sampson’s limited experience as they look into Justice Department firings.”
And McClatchy Newspapers report that “Scandal gives Democrats a chance to investigate Rove.”
“A dog’s life: What’s it worth? Moves to raise the legal status of pets may lead to damage awards; But there are other issues.” The Los Angeles Times contains this article today.
“Cover contraception: A federal court creatively interpreted the law to rule that health plans don’t have to cover contraception; That could amount to discrimination.” This editorial appears today in The Los Angeles Times.
“Georgia public defender system on trial; The high cost of Brian Nichols’ death penalty case angers many in the state”: The Los Angeles Times contains this article today.
“Gates is pushing to move terror trials from Guantanamo; The Defense secretary says he wants courts in the U.S. to hear the cases”: This article appears today in The Los Angeles Times.
“Terror detainee will serve nine-month sentence in Australia”: Carol Rosenberg of The Miami Herald provides this report.
And The New York Times on Saturday will report that “Australian to Serve 9 Months in Terrorism Case.” According to this article, “The agreement for just nine additional months of imprisonment was remarkable for a detainee who, before the plea negotiations, had faced a potential life term and had become an international symbol of many of the 385 detainees here.”
“Abortion Plan in Mexico City Shakes a Heavily Catholic Land”: The New York Times on Saturday will contain an article that begins, “Dominated by liberals, Mexico City’s legislature is expected to legalize abortion in a few weeks.”
Available online from law.com: An article is headlined “2nd Circuit: To Ban Strip Clubs, Towns Must Show Evidence of ‘Negative Secondary Effects.’” My earlier coverage appears at this link.
In other news, “DOJ Official Brings Storm by Taking the Fifth in Gonzales Flap.”
And the brand new installment of my weekly “On Appeal” column is headlined “A User’s Guide to Law School Supreme Court Clinics.”
Dice-K to start tomorrow’s preseason game between the Boston Red Sox and Philadelphia Phillies at Citizens Bank Park: And my son and I will be in attendance. Apparently the game is nearly a sell-out, with only standing-room seats remaining. We will also be attending Monday’s opening day game against the Atlanta Braves and Thursday’s business person’s special, also against the Braves. Any readers who felt that I had not attended enough Phillies games in past years may not feel that way this season.
More info on Dice-K can be accessed here.
The Associated Press is reporting: Now available online are articles headlined “Australian Gitmo Detainee Gets 9 Months“; “Media Chases Details of Hicks’ Jail Life“; and “Gonzales Carries on As Attorney General.”
“Judicial flap”: Beaver County (Pa.) Times today contains an article that begins, “A state Supreme Court justice who thinks topless dancing constitutes free speech in Erie has a different opinion of Pittsburgh lawyers who speak out against the court, a Duquesne University law professor said Thursday.”
And The York Dispatch today contains an editorial entitled “Arrogance from Pa.’s top court.”
My most recent earlier coverage, from yesterday, appears at this link. I spoke briefly with Pennsylvania Supreme Court Justice Ronald D. Castille about this matter before the start of the CLE event that he and I (along with many others) attended today at the National Constitution Center. And this latest pay raise-related dust-up will likely be the subject of the April 2007 installment of my “Upon Further Review” column for The Legal Intelligencer.
“A ‘Real Problem’ for Gonzales? Democrats Still Say Lam Was Tossed for Pursuing Corruption Case.” Lawrence Hurley has this article today in The Daily Journal of California.
“Webcasts open a window to Texas Supreme Court; Transparency leads to accountability, new insight”: Today in The Houston Chronicle, Mark Trachtenberg has an op-ed that begins, “While the Texas Supreme Court falls below the U.S. Supreme Court in the judicial hierarchy, it leaped ahead of its federal counterpart last week in the transparency of its proceedings.”
“Bush names Judge Elrod to 5th Circuit Court of Appeals; Perry appointee to district court would need Senate confirmation”: This article appears today in The Houston Chronicle.
“Adult site’s legal battle could aid Web hosting services”: c|net News.com provides a report that begins, “A federal appeals court ruling in a case involving an adult publisher appears to have delivered broader legal protections for online service providers against lawsuits claiming privacy violations and other illicit behavior by their users.”
And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Important Holding on Service Provider / Web Site Operator Immunity from State Intellectual Property Lawsuits.”
My earlier coverage of yesterday’s Ninth Circuit ruling can be accessed here.
Genital herpes treatment and declaratory judgment: “Patently-O: Patent Law Blog” does its best to generate interest in today’s ruling of the U.S. Court of Appeals for the Federal Circuit.
“Ninth Circuit Panel Tosses Sex Tourism Conviction”: Metropolitan News-Enterprise provides this report.
And The Associated Press reports that “Sex tourism charges dismissed against Bainbridge Island man.”
My earlier coverage of yesterday’s Ninth Circuit ruling can be accessed here.
“An officer may not use force solely because a suspect tells him he is incapable of complying with a request during the course of an ordinary pat-down.” Circuit Judge Alex Kozinski issued this interesting opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. The decision also holds that the fact that the driver of a car happens to have twenty to twenty-five pens and pencils on his person does not allow a police officer making a traffic stop to reasonably conclude that the driver posed an immediate threat.
“Appeals court strikes down SEC broker exemption rule”: Reuters provides this report.
The Associated Press reports that “Appeals court overturns SEC rule on standards for brokers.”
And MarketWatch reports that “Court ruling could force brokers to reclassify fee accounts.”
You can access today’s ruling by a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
The Associated Press is reporting: Now available online are articles headlined “Ugandan Lesbian Seeks U.S. Asylum” and “FBI Chief Errs on Patriot Act Provision.”
“Supreme Court to Hear Law School Clinic Case Watson“: The University of Virginia School of Law issued this news release on Monday.