Does Article 36 of the Vienna Convention on Consular Relations create judicially-enforceable rights that may be vindicated by foreign nationals who were arrested and detained without being advised of their right to have a consular officer notified as required by Article 36? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued a decision holding that the answer to that question is “no.”
“Deecy Gray, Douglas Ginsburg”: A wedding announcement that appeared yesterday in The New York Times begins, “Dorothy Stephens Gray, a public relations and government affairs consultant in Washington, was married last evening to Douglas H. Ginsburg, the chief judge of the United States Court of Appeals for the District of Columbia Circuit. Chief Justice John G. Roberts Jr. officiated in the east conference room at the Supreme Court.”
“The Supreme Court and the Butterfly Effect”: Michael C. Dorf has this essay online today at FindLaw.
“A matter of life or death”: The Atlanta Journal-Constitution is in the midst of a four-day series on death penalty prosecutions. Part one of the series appeared in yesterday’s newspaper, while part two appears in today’s newspaper.
“Military back at Law Sch.; Following appeals court ruling, recruiters return for first time in two years”: This article appears today in The Yale Daily News.
“Ex-border agents appeal convictions”: The Washington Times today contains an article that begins, “Two former U.S. Border Patrol agents sentenced to lengthy prison terms for shooting a drug-smuggling suspect have asked a federal appeals court to overturn their convictions, saying they were charged with a nonexistent crime and convicted after the jury was given improper instructions by the trial judge.”
Available online from law.com: An article reports that “2nd Circuit Hears Arguments on Letting NYC’s Gun Suit Go to Trial.”
In other news, an article asks “Will Judges Let Gonzales’ Picks Remain in Play? Next month, federal judges will decide fate of 11 interim U.S. Attorneys.”
And the new installment of my “On Appeal” column is headlined “The Appendix on Appeal: The Good, the Bad and the Ugly.”
“Law dean known as gentleman and a scholar; Respected experience marks Chemerinsky’s long, strange trip to UCI”: The Orange County Register contains this article today. Yesterday’s newspaper, meanwhile, contained an article headlined “Chancellor’s trials have influenced perspective; Early problems with hospital helped initiate Michael Drake into world of leadership.”
And today in The Los Angeles Times, Maura Dolan has an article headlined “Verdict on chief justice’s letter to UCI: not unethical; Because his view was sought, it was OK for George to weigh in on new dean, experts say.”
“Post-9/11 Cases Fuel Criticism for Nominee”: This article appears today in The New York Times.
And The Los Angeles Times today contains an editorial entitled “Don’t rush Mukasey’s confirmation: The president as well as Senate Democrats should not be hasty in confirming a new attorney general.”
“Europe does antitrust its way; The EU’s tough stance in the Microsoft case underscores a policy difference with the U.S.” Jim Puzzanghera has this article today in The Los Angeles Times.
“Closing Guantanamo lockup looks increasingly unlikely; As the 2008 elections approach, many in the GOP are seizing on the detention unit as a get-tough issue”: The Los Angeles Times contains this article today.
“The sting is in the small type: Antiwar T-shirts that list the names of troops killed in Iraq have angered relatives of the dead while fueling a debate over free speech.” This front page article appears today in The Los Angeles Times.
“Larry Craig’s Great Adventure: Suddenly, He’s a Civil Libertarian.” Adam Cohen has this Editorial Observer essay today in The New York Times.
“Justice on the Couch”: Today in The New York Sun, Ann Althouse has this review of Jeffrey Toobin’s new book, “The Nine: Inside the Secret World of the Supreme Court.”
“Hard Case: Job Market Wanes for U.S. Lawyers; Growth of Legal Sector Lags Broader Economy; Law Schools Proliferate.” The Wall Street Journal contains this front page article today.
“Pay gap dismays federal judges; ‘Historic’ number stepping down”: This front page article appears today in USA Today, which also contains an article headlined “Judges pay when their salaries tied to lawmakers’; Raises entangled in political issues, re-election jitters.”
“Fear but Few Facts in Debate on Voter I.D.’s”: Adam Liptak has this “Sidebar” column today in The New York Times.
“Judges may appoint prosecutor to succeed Mckay”: The Seattle Times today contains an article that begins, “With the appointment of interim U.S. Attorney Jeffrey Sullivan about to end, federal judges in Seattle and Tacoma are preparing to name a new U.S. attorney for Western Washington for what may be the first time. Sullivan was named acting U.S. attorney shortly after the Justice Department’s controversial firing of John McKay in December. His appointment will end Oct. 12, along with those of 11 other interim U.S. attorneys, because of legislation passed this spring, according to the Justice Department.”
“U.S. Attorney in Minnesota Faces Probe; Prosecutor Accused by Staff of Abuse, Retaliation, Mishandling Classified Material”: This article appears today in The Washington Post.
And on Tuesday, the blog “Eric Black Ink” had a post titled “Paulose under investigation by feds.”
“Severability as Judicial Lawmaking”: David H. Gans, program director of the Floersheimer Center for Constitutional Democracy at the Benjamin N. Cardozo School of Law, has posted this article (abstract with links for download) at SSRN (via “Legal Theory Blog“).
“The Regulation of Judicial Ethics in the Federal System: A Peek Behind Closed Doors.” Law Professor Arthur D. Hellman has posted this article (abstract with links for download) online at SSRN.
“Supreme Politics: A glimpse behind the scenes as the high court of the land moves to the right.” Today in the Book World section of The Washington Post, Edward Lazarus has this review of Jeffrey Toobin’s new book, “The Nine: Inside the Secret World of the Supreme Court.”
Today in The New York Daily News, David Hinckley has a review headlined “Toobin’s ‘The Nine’ traces path of current Supreme Court.”
And as I previously noted here, in the Sunday Book Review of today’s edition of The New York Times, David Margolick has a lengthy review headlined “Meet the Supremes.”
“Justice Thomas offers his story — in his own words”: Michael Doyle of McClatchy Newspapers provides this report.
The book — “My Grandfather’s Son: A Memoir” — is scheduled to go on sale October 1, 2007, although some booksellers may jump the gun and place the book on sale earlier.
“U.S. court backs state ban on horse-slaughtering for human food”: This article appears today in The Chicago Tribune.
My earlier coverage of Friday’s Seventh Circuit ruling appears at this link.
“Nuance and Resolve in Rulings by Attorney General Nominee”: Adam Liptak has this front page article today in The New York Times.
“Congress OKs Fast-Tracked Executions”: This audio segment (RealPlayer required) appeared on today’s broadcast of “Weekend Edition Saturday.”
“Mukasey’s independent streak could mark a turn for the White House; The nominee for attorney general is known for his firm grasp of the law and for not easily backing down”: Sunday’s edition of The Los Angeles Times will contain this article.
“A Defeat for Gay Marriage: Maryland’s legislature should take up the challenge in a Court of Appeals decision.” This editorial appears today in The Washington Post.
“In 2008, Bush v. Gore Redux?” Columnist Bob Herbert has this op-ed today in The New York Times.
The Associated Press is reporting: An article reports that “Law Banning Horse Slaughter Upheld.” My earlier coverage of Friday’s Seventh Circuit ruling appears at this link.
In other news, “Gitmo Ruling Clouds Attorney Access.”
And an article reports that “‘God’ Gets an Attorney in Lawsuit.”
“Government appeals in citizen-detainee case”: Lyle Denniston has this post at “SCOTUSblog.”
“Nine Ways To Read The Nine: Jeffrey Toobin’s new book as a referendum on Supreme Court reporting.” Emily Bazelon and Dahlia Lithwick have this jurisprudence essay online at Slate.
And this past Wednesday’s broadcast of WHYY Radio’s “Fresh Air with Terry Gross” contained an audio segment entitled “Jeffrey Toobin Profiles ‘The Nine’ Inside the Robes.”
“U.S. District Judge Cassell resigns to teach, advocate; The critic of mandatory minimum sentences will take up job at U., litigate for crime victims group”: This article appears today in The Salt Lake Tribune.
And The Deseret Morning News reports today that “Utah’s youngest federal judge resigns.”
“Cassell to step down as federal judge in Utah”: The Deseret Morning News provides an update that begins, “Utah’s youngest serving federal judge has announced he will be stepping down from the bench and returning to teaching law at the University of Utah. On Friday, U.S. District Judge Paul Cassell submitted his letter of resignation to President George W. Bush, informing the president his last day on the bench is expected to be Nov. 5.”
And the “Sentencing Law and Policy” provides a post titled “Breaking news (and SL&P exclusive?): federal Judge Paul Cassell resigning!”
The Associated Press is reporting: An article headlined “Prosecutors Eyeing Wiretap Problems” begins, “The Justice Department is worried that a recent appeals court ruling could make it impossible to use wiretaps to investigate members of Congress in corruption cases.”
And Lara Jakes Jordan reports that “Mukasey Hit Justice Dept on Sentencing.”