“Couple can sue in polygamy case; Defamation claim over being called polygamous is OK’d”: The Salt Lake Tribune contains this article today, along with an article headlined “Ruling could have broad effect on court-case media coverage.”
And The Deseret Morning News reported yesterday that “Defamation case sent back to district court; Couple claims Kingston suit hurt their reputations.”
You can access Friday’s ruling of the Supreme Court of Utah at this link.
“Justice denies complaint charge”: The Gloucester County (N.J.) Times yesterday contained an article that begins, “State Supreme Court Justice Roberto Rivera-Soto on Friday denied he acted improperly when he interceded last year in a dispute involving his son and another student at his high school.”
The Philadelphia Inquirer reported yesterday that “Judge denies abusing post to help son.”
And The Courier Post of Cherry Hill, New Jersey reported yesterday that “Justice denies ethics violations.”
A copy of the response to the judicial misconduct complaint can be accessed here. My earlier coverage appears at this link.
“Supreme court judge to retire; A former chief justice, Ronnie White was the first black man on Missouri’s highest court”: This article appeared Friday in The Kansas City Star.
And The St. Louis Post-Dispatch reported yesterday that “Judge White to resign from state high court.”
“Awaiting a decision: Justices may review pivotal Kentucky bond case.” The Louisville Courier-Journal today contains an article that begins, “Public officials nationwide will be watching the U.S. Supreme Court tomorrow for word on a Kentucky case that could decide the future of one of state governments’ favorite fiscal tools.”
“My friend, Jerry Falwell”: Larry Flynt has this op-ed today in The Los Angeles Times.
“Gault Case Changed Juvenile Law”: This audio segment (RealPlayer required) appeared on this evening’s broadcast of NPR’s “All Things Considered.”
“Citing Terror Threat, Judges Criticize Plans for Ohio Garage”: The New York Times on Sunday will contain an article that begins, “A proposal by the city to build a parking garage within one foot of the federal courthouse in this city’s downtown has provoked a strong and uncommonly public reaction from some judges, who say it would allow potential terrorists to get dangerously close to their courtrooms.”
My earlier coverage appears at this link.
“Ashcroft’s Complex Tenure At Justice; On Some Issues, He Battled White House”: This front page article will appear Sunday in The Washington Post.
“Elizabeth Taylor to keep Van Gogh”: Bob Egelko has this article today in The San Francisco Chronicle.
You can access yesterday’s Ninth Circuit ruling at this link.
“Jihadist testifies in Padilla trial; A convicted terrorist with no connection to suspect Jose Padilla testified about his own training at an al Qaeda camp, over the protests of Padilla’s lawyers”: The Miami Herald contains this article today.
The Los Angeles Times reports today that “Al Qaeda training camp described in Padilla trial; A witness tells the court he learned war tactics to defend Muslims.”
And The Washington Post reports that “Defense Cites Ambiguities in Evidence Against Padilla.”
“In Closed Meeting With Gonzales, Prosecutors Express Their Dismay; Many Remain Upset, Fear Damage to the Justice Department’s Image”: This article appears today in The Washington Post. In addition, columnist Eugene Robinson has an op-ed entitled “Gonzales’s Signature Moment.”
The Los Angeles Times reports today that “Iglesias recounts a lunch with politics on the menu; The fired U.S. attorney says he was targeted for not pressing charges that could have helped the GOP.”
The Washington Times reports that “White House derides ‘vote’ on Gonzales.”
And The Associated Press reports that “Gonzales Rapped As President’s ‘Yes Man.’”
“Targeted U.S. attorneys defend their records”: McClatchy Newspapers provide this report.
“When Should a Commercial Web Site Be Held Liable for User-Generated Content?” The brand-new installment of my “On Appeal” column for law.com can be accessed here.
The three Ninth Circuit rulings that I discuss in the essay are Perfect 10 v. Amazon.com; Fair Housing Council v. Roommates.com; and Carafano v. Metrosplash.com.
“Witness Describes Training Padilla Reportedly Received”: This article will appear Saturday in The New York Times.
The Miami Herald provides a news update headlined “Padilla trial witness describes al Qaeda camp.”
The Los Angeles Times provides a news update headlined “Witness says Padilla’s al-Qaeda training was religious.” Today’s newspaper, meanwhile, contains an article headlined “Fingerprint expert takes stand in Padilla trial; The government’s key evidence bears the defendant’s prints, but where it was during his incarceration is unclear.”
And The Associated Press provides a report headlined “Padilla Trial Witness: al-Qaida Ran Camp.”
“Court: Van Gogh Stays With Taylor.” The Associated Press provides this report on a ruling that the Ninth Circuit issued today.
“Analysis: The Court and the 2008 Election.” Tom Goldstein has this post at “SCOTUSblog.”
“Porn evidence must be shared; State Supreme Court rules on three Pierce County child-sex cases”: This article appears today in The News Tribune of Tacoma, Washington.
My earlier coverage appears at this link.
“Silent Justice Thomas: Not a Word Spoken.” Mark Sherman of The Associated Press provides this report.
“Repartee, Spectator Outburst Energize High-Court Justices”: Brent Kendall had this interesting article yesterday in The Daily Journal of California recapping this year’s oral arguments before the U.S. Supreme Court.
“Report: Spending on Judicial Elections Soaring.” This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today’s broadcast of NPR’s “Morning Edition.”
“SCOTUSblog” has posted online the transcript of Tuesday’s Guantanamo detainee oral argument before the U.S. Court of Appeals for the D.C. Circuit: You can access the oral argument transcript at this link.
The term “M4” — when used in conjunction with the sale of certain firearms — is generic and not entitled to trademark protection, First Circuit holds: You can access today’s ruling of the U.S. Court of Appeals for the First Circuit at this link.
“Descendants of Jewish art collector Margarete Mauthner (collectively, ‘the Orkins’) claim that their ancestor was wrongfully dispossessed of a painting during Hitler’s Nazi regime, entitling them to ownership of the painting, which was later purchased by actress Elizabeth Taylor.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
The opinion’s opening paragraph goes on to say, “In this appeal, we conclude that the Holocaust Victims Redress Act does not create a private right of action and that the Orkins’ state law claims are barred by the statute of limitations. We affirm the judgment of the district court, dismissing the complaint.”
“Portland Visit Brings Justice Scalia to Ninth Circuit’s Pioneer Courthouse”: The U.S. Court of Appeals for the Ninth Circuit issued this news release Wednesday.
The visit occurred last month, and I previously linked to coverage of it here and here.
Police dog bites man: And the en banc Eighth Circuit today issues a decision as a result.
“Court Upholds Pentagon Labor Policies”: The Associated Press provides a report that begins, “A federal appeals court said Friday the Pentagon has the authority to pick and choose what labor issues it will negotiate with unions representing more than 600,000 civilian employees. The policy has been on hold since early last year when a federal judge said it eroded collective bargaining rights. The U.S. Court of Appeals for the District of Columbia Circuit overturned that ruling Friday, saying in a 2-1 decision that Congress temporarily authorized the policy change until 2009.”
You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Circuit Judge Brett M. Kavanaugh wrote the majority opinion. in which Senior Circuit Judge Stephen F. Williams joined. Circuit Judge David S. Tatel dissented.
Programming note: In connection with an interesting appeal that I will be arguing next Tuesday before a three-judge panel of the Superior Court of Pennsylvania, I’ll be meeting with co-counsel this morning at their offices in Center City Philadelphia. Additional posts will appear here this afternoon.
“Federal hearing may be pivotal for Abu-Jamal; An appellate court heard his arguments that blacks were excluded illegally from the jury that convicted him of killing a policeman in 1981”: The Philadelphia Inquirer contains this article today.
And The Philadelphia Daily News reports today that “Abu-Jamal attorney requests new trial; He tells appeals panel that prosecutors deliberately kept blacks off ’82 jury.”
“Gonzales falls under renewed assault; Another GOP senator calls for the attorney’s resignation, as two Democrats prepare a no-confidence resolution for the chamber’s vote”: This article appears today in The Los Angeles Times. The newspaper also contains an editorial entitled “Gonzales’ sick-bed appeal: His hospital visit to John Ashcroft shows why the administration shouldn’t get the benefit of the doubt on wiretapping.”
Today in The New York Sun, Josh Gerstein reports that “Comey Testimony May Spell Trouble for White House; Ex-Official Describes Appeal to Ailing Ashcroft on Wiretapping.”
The Washington Times reports that “Gonzales faces Senate no-confidence vote.”
Bloomberg News reports that “Democrats to Offer No-Confidence Vote on Gonzales.”
And The Washington Post contains an editorial entitled “Caller ID: It’s not whether the president called; It’s what he did,” along with an op-ed by Law Professor Douglas W. Kmiec entitled “Testimony in a Teacup: What’s Overlooked in Comey’s Histrionics.”
“Navy lawyer guilty of spilling secrets; A Navy jury convicted a former Guantanamo lawyer of leaking a secret detainee list in 2005 in a verdict that could carry a 14-year prison sentence”: Carol Rosenberg has this article today in The Miami Herald.
And The Virginian-Pilot reports today that “Diaz found guilty of four of five charges over secret documents.”
“Hollywood Ending: White House v. Justice Department: government smackdown.” Benjamin Wittes has this essay online at The New Republic.
And at FindLaw, John W. Dean has an essay entitled “Recent Developments in the Scandal over the Attorney General’s Performance: Alberto Gonzales Displays Contempt for Congress, And Perhaps the Department of Justice As Well.”
“No-Confidence Vote Sought on Gonzales”: This article will appear Friday in The Washington Post.
The New York Times on Friday will report that “Senate Democrats Plan a Resolution on Gonzales.”
And McClatchy Newspapers report that “Senate prepares for a no-confidence vote on Gonzales.”
Available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled “Nixon Rides Again: It’s only illegal when the president agrees it’s illegal.”
And Frank Bowman has a jurisprudence essay entitled “The Icing Is Iglesias: His firing is reason alone for Congress to impeach Gonzales.”
Under what circumstances should a criminal defendant charged with possessing child pornography have access to that evidence? Today the Supreme Court of Washington State issued a decision addressing that question. The decision consists of a majority opinion and a dissenting opinion.
As I noted in this earlier post from January 2007, this question — which arises in federal prosecutions due to the Adam Walsh Child Protection and Safety Act — has also proved complicated for at least one federal court.
In news coverage of today’s Washington State ruling, The Associated Press reports that “WA prosecutors must hand over child porn to defendant.”
The Associated Press is reporting: Now available online are articles headlined “Navy Lawyer Guilty of Detainee Info Leak” and “White House Lawyer Criticize Plame Suit.”