“Dred Scott 150 Years On”: This audio segment (available in both RealPlayer and Windows Media Player formats) — featuring Justice Stephen G. Breyer and Law Professors John McGinnis and Charles Ogletree — appeared on today’s broadcast of the public radio program “On Point.”
“The Hospital Visit, Revisited: The FBI director verifies Mr. Gonzales’s arm-twisting.” This editorial appears today in The Washington Post.
“Cuban spies appeal for US retrial; Five Cubans convicted in the US of spying for Havana have appealed for a retrial, saying they were found guilty because of anti-Castro bias”: BBC News provides this report.
The Associated Press reports that “‘Cuban Five’ Plea for Freedom.”
This evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Five Men in Cuba Spying Case Appeal Convictions” (RealPlayer required).
And today’s edition of The Miami Herald contains an article headlined “‘Cuban Five’ appeal to be heard; The case of five Cubans convicted of spying in 1998 comes up for its third appeals review in Atlanta.”
“Suspended Pa. judge pleads not guilty, says he will retire”: The Associated Press provides a report that begins, “Suspended Superior Court Judge Michael T. Joyce pleaded not guilty Monday to federal charges of mail fraud and money laundering, but abandoned his re-election campaign and said he plans to retire when his term expires in January.”
The Legal Intelligencer provides a news update headlined “Judge Joyce Drops Bid for Retention.”
And The Erie Times-News provides an update headlined “Joyce pulls out of race.”
“[W]e clarify the scope of the waiver of attorney-client privilege and work product protection that results when an accused patent infringer asserts an advice of counsel defense to a charge of willful infringement.” Late this afternoon, the en banc U.S. Court of Appeals for the Federal Circuit issued its decision in In re Seagate Technology, LLC.
“Researcher Taps High Court Over Samples”: The Associated Press provides a report that begins, “A cancer researcher is asking the Supreme Court to block a decision handing ownership of thousands of blood and tissue samples to a university. Dr. William Catalona spearheaded creation of a repository of more than 3,500 prostate tissue samples and 100,000 blood samples during a 27-year career at Washington University in St. Louis.”
My earlier coverage of the Eighth Circuit’s ruling in this case can be accessed here.
Update: The AP is now reporting that “Top Court Judge Rejects Doctor’s Request.”
“Split Third Circuit debates (at extraordinary length) reasonableness review”: Law Professor Doug Berman has this post today at his “Sentencing Law and Policy” blog noting a decision that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
“Vick takes plea deal, avoids additional dogfighting charges”: The Virginian-Pilot provides a news update that begins, “Atlanta Falcons quarterback and Hampton Roads native Michael Vick has accepted a plea deal — and a likely prison sentence — to avoid additional federal charges related to a professional dogfighting operation, according to one of Vick’s attorneys. Vick is going to enter a guilty plea to the felony conspiracy charge next Monday at 10:30 a.m., said Lawrence Woodward, one of Vick’s defense attorneys.”
And CNN.com provides an update headlined “Report: Vick agrees to plea deal, prison possible.”
Access today’s U.S. Supreme Court Order List: The Court has posted it online at this link.
The battle over whether to mandate use of the vaccine for human papilloma viruses may have been intense, and so is the battle over patent rights to that vaccine: The U.S. Court of Appeals for the Federal Circuit issued this ruling today.
“Toy Recalls May Push ‘Medical Monitoring’ Debate; Suits Seek Funds to Test Children Before Injuries Show”: This article appears today in The Wall Street Journal.
Ninth Circuit grants rehearing en banc to consider questions of justiciability and exhaustion in the context of the Alien Tort Claims Act: Over one year ago, on August 7, 2006, I had a post titled “Divided three-judge Ninth Circuit panel reinstates most of the claims of Bougainville, Papua New Guinea residents who allege that they or their family members were victims of numerous violations of international law resulting from Rio Tinto, PLC’s Bougainville mining operations and the 10-year civil conflict that followed an uprising at the Rio Tinto mine” noting a lengthy decision issued that day.
More recently, on April 12, 2007, that same divided three-judge panel issued a revised opinion and dissent that was even longer than the panel’s original decision.
Today, the Ninth Circuit issued an order granting rehearing en banc in the case.
The battle of Monster versus Freek was moot: On Friday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an order in typescript form vacating that panel’s earlier decision on the merits issued on June 29, 2007.
According to Friday’s order, the dispute had become moot on June 8, 2007, when the parties entered into a settlement agreement. Why neither of the parties brought the settlement agreement to the Ninth Circuit’s attention during the three weeks that followed between the time of the settlement and when the Ninth Circuit issued its ruling is not immediately apparent.
“European Legal Circles Await Ruling by Top Appeals Court on Microsoft”: This article appears today in The New York Times.
“A Quest to Get More Court Rulings Online, and Free”: The New York Times today contains an article that begins, “The domination of two legal research services over the publication of federal and state court decisions is being challenged by an Internet gadfly who has embarked on an ambitious project to make more than 10 million pages of case law available free online.”
“Greasing the Wheels on the Machinery of Death”: You can access at this link (TimesSelect temporary pass-through link) today’s installment of Adam Liptak‘s “Sidebar” column.
“Kentucky Trial Derby”: The Wall Street Journal today contains an editorial that begins, “How’s this for a legal bestseller? Three tort lawyers are accused of defrauding their clients of $62 million. A state judge signs off on the scam, and is rewarded with a cushy job. When the scandal comes to light, the bar association looks the other way and another state judge fails to force the men to return the money. A federal judge finally intervenes and jails all three as flight risks.”
“Dispute Over Monkey Meat Hits on Religious Freedom”: The New York Sun today contains an article that begins, “What started as a late-night talk show joke topic — a New York woman originally from Liberia who was indicted for allegedly trying to smuggle steaks of monkey meat into America via John F. Kennedy International Airport — is shaping up into a potentially major religious freedom dispute.”
“On Tap: Hey, That New Wiretapping Law Isn’t Really So Bad.” Benjamin Wittes has this essay online today at The New Republic.
“The Founders Had an Idea for Handling Alberto Gonzales”: Adam Cohen has this Editorial Observer essay today in The New York Times.
“Insurers believed judge; Indictment indicates companies didn’t verify Joyce’s medical claims”: The Erie (Pa.) Times-News contains this article today. Yesterday’s newspaper reported that “Court suspends judge; Joyce will continue drawing $165,000 state salary while criminal case plays out.” An editorial in yesterday’s newspaper was entitled “Joyce’s suspension swift, appropriate.” And Pat Howard yesterday had an op-ed entitled “Questions in Joyce case go beyond judge’s actions.”
Yesterday in The Pittsburgh Tribune-Review, Jason Cato had an article headlined “State Supreme Court suspends Erie judge.”
The Philadelphia Inquirer reported yesterday that “Pa. court orders judge to step aside.”
And The Associated Press reports that “Pay raise, indictment, could enliven humdrum retention votes.”
“Qualified to Serve: The opponents of appeals court nominee Leslie H. Southwick haven’t made their case.” This editorial appeared yesterday in The Washington Post.
New York Yankees 9, Detroit Tigers 3: At the suggestion of a colleague from northern New Jersey, my son and I and that colleague were at Yankee Stadium this afternoon to see the Yankees defeat the Tigers in convincing fashion. You can access the box score at this link, while wraps from MLB.com are here and here.
Wilmington Blue Rocks 9, Lynchburg Hillcats 8: My son and I tonight both attended our first ever Class A-advanced Carolina League game, as the home team Blue Rocks won in walk-off fashion in the bottom of the 9th on Judy Johnson bobblehead doll night. We had great seats, just two rows from the field in section 11. You can view the box score at this link, while the game log is here.
“Secret Court Asks For White House View on Inquiry; ACLU Seeking Rulings Issued On Warrantless Wiretapping”: The Washington Post contains this article today.
The New York Times reports today that “Court Weighs Making Public Rulings on U.S. Wiretapping.”
The Baltimore Sun reports that “Spy court acts on request by the ACLU; Administration told to respond on wiretap rulings.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Secret court seeks briefing on wiretap orders.”
You can view the court’s order at this link.
“Concern Over Wider Spying Under New Law”: This article will appear Sunday in The New York Times.
Available online from law.com: Tony Mauro reports that “Issue of ‘Strategic Recusals’ Arises in Key Supreme Court Case.”
In other news, “Pa. Supreme Court Suspends Indicted Judge.”
Marcia Coyle reports that “Federal Circuit Denies Appeal by Attorney ‘Wronged’ in Court.” My earlier coverage of last Monday’s ruling appears at this link.
An article reports that “11th Circuit Applies Supreme Court High-Speed Chase Ruling.” You can access last Tuesday’s ruling at this link.
And the new installment of my “On Appeal” column is headlined “You Call That a Notice of Appeal?”
“Padilla Case Offers a New Model of Terrorism Trial”: Adam Liptak has this news analysis today in The New York Times.
“This is high-stakes litigation involving a challenge to procedures adopted by the Secretary of the Interior Department to circumvent the consequences of the Supreme Court’s Eleventh Amendment decision in Seminole Tribe of Florida v. Florida“: So begins a 76-page decision that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today. Chief Judge Edith H. Jones issued the lead opinion, holding that the Secretary of the Interior lacked the authority to promulgate the regulations at issue. Circuit Judge Carolyn Dineen King concurred in the judgment in a separate opinion. And Circuit Judge James L. Dennis issued a lengthy and spirited dissenting opinion.
The U.S. Supreme Court‘s 5-4 ruling from 1996 in the Seminole Tribe case can be accessed via this link.
“Miami jury convicts Padilla in terror trial; Former enemy combatant Jose Padilla and two codefendants were convicted by a Miami federal jury of conspiring to support terrorism abroad”: This article appears today in The Miami Herald.
The New York Times reports today that “Padilla Is Guilty on All Charges in Terror Trial.” The newspaper also contains an editorial entitled “The Padilla Conviction.”
The Washington Post contains a front page article headlined “Jury Convicts Jose Padilla of Terror Charges; Two Co-Defendants Also Found Guilty.” An editorial is entitled “Jose Padilla’s Due Process: The five-year path to a verdict is an indictment of the administration.” And Law Professor Jenny S. Martinez has an op-ed entitled “The Real Verdict on Jose Padilla.”
The Los Angeles Times contains articles headlined “Padilla convicted of all charges; The verdict is a boost for the administration and may encourage prosecution of other enemy combatants” and “Simple phrase was key to case; A 1996 provision making a crime to ‘provide material support’ to terrorists was crucial to the prosecution.” An editorial is entitled “Justice, at last: The conviction of the U.S. citizen who spent more than three years imprisoned as an ‘enemy combatant’ shows terrorists can be tried in civilian courts.” And Law Professor Stephen I. Vladeck has an op-ed entitled “The lost Padilla verdict: What should’ve gone on trial were the administration’s tactics in detaining the one-time ‘dirty bomber’ suspect.”
And The South Florida Sun-Sentinel today contains articles headlined “Miami jury convicts Padilla, two others, of supporting terrorism” and “Unanimous verdict is a partial victory for Bush strategy in war on terrorism.”
“White House Wants More Time on Subpoenas”: The Associated Press provides a report that begins, “The White House on Friday asked a Senate panel for more time to produce subpoenaed information about the legal justification for President Bush’s secretive eavesdropping program.”
“Appeals court OKs lawsuit against Cingular”: Reuters provides this report.
My earlier coverage of today’s Ninth Circuit ruling appears at this link.
“Neas Leaving People for the American Way”: The Associated Press provides a report that begins, “Ralph Neas is stepping down as president of People for the American Way, a liberal organization that has fought President Bush’s conservative judicial nominations.”
And People for the American Way has issued a press release entitled “Neas Announces Decision to Step Down as ‘People For’ President.”
“FBI Director’s Notes Contradict Gonzales’s Version Of Ashcroft Visit”: This front page article appears today in The Washington Post.
And The New York Times reports today that “Notes Detail Pressure on Ashcroft Over Spying.”
“A Marylander to Honor: Remember Hugh Lennox Bond, Not Roger B. Taney.” Charles Lane has this op-ed today in The Washington Post.