“Judge: Ten Commandments Display Can Stay.” The Associated Press provides this report on a decision that the U.S. District Court for the Eastern District of Kentucky issued on Monday.
Posted at 10:03 PM by Howard Bashman|
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Wednesday, September 19, 2007
“Judge: Ten Commandments Display Can Stay.” The Associated Press provides this report on a decision that the U.S. District Court for the Eastern District of Kentucky issued on Monday. Posted at 10:03 PM by Howard Bashman“Thomas’ Memoir – New Revelations Or Mostly Rehash?” Tony Mauro has this “Courtside” column online at Legal Times. Posted at 8:55 PM by Howard Bashman“Telling It Like It Isn’t: John Roberts speaks out. A little.” Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 8:38 PM by Howard Bashman“Yale Law to Allow Military Recruiters”: The Associated Press provides a report that begins, “Yale Law School will end its policy of not working with military recruiters following a court ruling this week that jeopardized about $300 million in federal funding, school officials said Wednesday.” And Yale Law School today issued a statement headlined “Statement of Dean Harold Hongju Koh Regarding Burt v. Gates Decision, September 19, 2007.” My earlier coverage of Monday’s Second Circuit ruling appears at this link. Posted at 8:35 PM by Howard Bashman“Roberts stresses independent judges”: The Post-Standard of Syracuse, New York provides this news update. Posted at 5:54 PM by Howard BashmanIn memoriam: I have received reliable reports that Fourth Circuit Judge H. Emory Widener, Jr. passed away this morning at his home. He was born in 1923, joined the Fourth Circuit in 1972 after having served as a federal district judge for a little over three years, and took senior status in July of this year. Details on funeral arrangements are not yet known. Posted at 5:30 PM by Howard Bashman“Top class-action lawyer to be indicted; Melvyn Weiss, the prominent class-action attorney, is expected to be charged Thursday for his role in a kickback scheme tied to more than 150 investor lawsuits”: Fortune magazine provides this online report. Posted at 4:33 PM by Howard BashmanForthcoming in the September 23, 2007 issue of The New York Times: Law Professor Jeffrey Rosen will have the cover story in The New York Times Magazine, headlined “The Dissenter: Three decades ago, Justice John Paul Stevens was appointed to the Supreme Court as a judicial conservative and moderate Republican; So how did he come to lead the liberal wing of a fiercely divided court?” And in the Sunday Book Review, David Margolick will have a lengthy review headlined “Meet the Supremes” of Jeffrey Toobin’s new book, “The Nine: Inside the Secret World of the Supreme Court.” Accompanying the review will be this graphic. Posted at 3:35 PM by Howard Bashman“Live from Syracuse: Chief Justice Roberts on the First Amendment.” Tony Mauro has this post at “The BLT: The Blog of Legal Times.” Posted at 3:25 PM by Howard Bashman“Senate Rejects Expanding Detainee Rights”: The Associated Press provides this report. Posted at 11:52 AM by Howard Bashman“‘Ask the Author’ with Jeffrey Toobin: Part 2.” This post appears today at “SCOTUSblog.” Posted at 11:23 AM by Howard Bashman“Senate Debates Restoring Habeas Corpus”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR’s “Morning Edition.” Posted at 11:15 AM by Howard BashmanAfter protracted appellate consideration, Second Circuit holds that man convicted of depraved indifference murder under New York law is not entitled to federal habeas relief based on argument that evidence showed the man intentionally killed his victim: My first coverage of this case appeared on November 15, 2005, in a post whose title — “The result of these habeas corpus proceedings is, of course, disturbing. The defendant is set free because he meant to kill his victim” — quoted from a ruling that the Second Circuit had issued that day. Next, as I wrote in this post on June 21, 2006, the original panel decided to certify certain questions in the case to the New York State Court of Appeals, that State’s highest court. Simultaneously, via dissents from that same order, five Second Circuit judges went on record as dissenting from the denial of rehearing en banc as to the panel’s original proposed disposition of the case. Next, on November 16, 2006, New York’s highest court issued its decision holding that the original Second Circuit panel’s ruling had rested on a misunderstanding of New York law. Finally, today, the original three-judge Second Circuit panel has issued a ruling that reaches the opposite result from that panel’s earlier ruling. More specifically, today’s ruling holds that the man convicted of depraved indifference murder under New York law is not entitled to federal habeas relief based on his argument that the evidence showed he intentionally killed his victim. Interestingly, it appears that today’s ruling relies more heavily on the Second Circuit panel’s reexamination of the record, which revealed that the evidence of intentional killing is not as convincing as the habeas petitioner had been arguing, than on the New York Court of Appeals’ attempted clarification of applicable New York law. Posted at 11:00 AM by Howard Bashman“A True Rightward Turn? The Upcoming Term and the 2008 Elections.” Tom Goldstein has this interesting post at “SCOTUSblog.” Posted at 9:12 AM by Howard Bashman“Md. Ban On Gay Marriage Is Upheld; Law Does Not Deny Basic Rights, Is Not Biased, Court Rules”: The Washington Post contains this front page article today. The Baltimore Sun today contains articles headlined “Court upholds marriage law; Divided judges refuse right to same-sex unions“; “Decision stuns plaintiffs; Same-sex marriage advocates shocked, plan to keep fighting“; and “Md. lawmakers begin preparing for 2008 battle; Clash in legislature seems certain.” And The Washington Times reports that “Maryland’s highest court backs marriage limits.” You can access yesterday’s ruling of the Court of Appeals of Maryland at this link. Posted at 9:05 AM by Howard Bashman“Choice for Attorney General Given Warm Welcome on Capitol Hill”: This article appears today in The New York Times, along with an article headlined “An Old Friend Joins Giuliani in a Spotlight.” The Washington Post reports today that “Democrats May Tie Confirmation to Gonzales Papers.” The Washington Times reports that “Mukasey dealt setback to Justice.” In The Wall Street Journal, Law Professor Douglas W. Kmiec has an op-ed entitled “The Attorney General’s Job.” And The New York Sun contains an editorial entitled “Testing Mukasey.” Posted at 8:56 AM by Howard Bashman“What about Larry? Compare Chemerinsky’s tale with academia’s bashing of ex-Harvard chief Summers.” Law Professor David E. Bernstein has this op-ed today in The Los Angeles Times. Posted at 8:52 AM by Howard Bashman“A Voting Test for the High Court”: Today in The Washington Post, Law Professor Richard L. Hasen — author of the “Election Law” blog — has an op-ed that begins, “At a private conference next Monday, the Supreme Court will consider whether to hear a challenge to Indiana’s new law requiring voters to show photographic identification at the polls.” Posted at 8:38 AM by Howard Bashman“Kerkorian Loses Appeal of DaimlerChrysler Deal Ruling”: Bloomberg News provides this report. The Associated Press reports that “Kerkorian loses in court vs. Chrysler; Lower court rejects billionaire’s claim that he was defrauded in 1998 Daimler-Chrysler merger.” And Reuters provides a report headlined “U.S. court rejects Kerkorian appeal: Daimler.” My earlier coverage of yesterday’s Third Circuit ruling appears at this link. Posted at 8:26 AM by Howard Bashman“Settlements Do Not Deter 9/11 Plaintiffs Seeking Trials”: The New York Times contains this article today. Posted at 8:19 AM by Howard Bashman“Investigation of Milberg Lands a Pivotal Figure; Lerach Agrees to Plea, Could Go to Prison; Gains Forfeited to U.S.” This article appears today in The Wall Street Journal, along with an editorial entitled “Lerach-ed.” Today’s edition of The Washington Post contains a front page article headlined “Guilty Plea to End Crusading Lawyer’s Lucrative Run.” USA Today reports that “‘King of class actions’ pleads guilty in payments case; Lerach says he ‘crossed a line and pushed too far.’” The New York Times contains an article headlined “Another Notch for U.S. Prosecutors.” And in The New York Sun, Josh Gerstein reports that “Fortunes Darken for Lawyer Melvyn Weiss.” Posted at 8:09 AM by Howard Bashman“In Dispute Over Cross, Court Sides With Jewish Veterans”: Today in The New York Sun, Josh Gerstein has an article that begins, “Three members of Congress who led efforts to transfer a large outdoor cross in San Diego to the federal government must turn over some of their official records on the subject to a Jewish war veterans group challenging the Mt. Soledad memorial as an unconstitutional endorsement of religion, a federal judge ruled.” You can access yesterday’s opinion of the U.S. District Court for the District of Columbia at this link, while the accompanying order is here. Posted at 7:57 AM by Howard BashmanTuesday, September 18, 2007
“Top Litigator Faces Potential Prison Term”: This audio segment (RealPlayer required) appeared on this evening’s broadcast of NPR’s “All Things Considered.” Posted at 11:05 PM by Howard Bashman“Furor Ends in Deanship for Liberal Scholar”: Adam Liptak has this article today in The New York Times. The Los Angeles Times today reports that “UC Irvine rehires Chemerinsky as dean; The school’s chancellor flies east to re-recruit the legal scholar, whom he had earlier fired.” The Orange County Register reports that “UCI rehires law dean; Campus officials pledge academic freedom at new law school in wake of what some have called ‘Chemerinskygate.’” The Daily Pilot of Costa Mesa, California contains an article headlined “Decision overturned on appeal: UCI Chancellor has been vague on why he changed his mind in re-hiring Chemerinsky as the first dean of UCI’s new law school.” The News & Observer of Raleigh, North Carolina reports that “Professor will be dean after all; UC-Irvine, Duke scholar reconcile.” And The Duke Chronicle reports that “Law prof back in at UC-Irvine; Chemerinsky accepts once-rescinded offer.” Posted at 10:34 PM by Howard Bashman“CNN’s Jeffrey Toobin on the Conservative Court”: This interview with Jeffrey Toobin appears today at Time magazine’s web site. Posted at 10:14 PM by Howard Bashman“Did CIA kidnap vacationer? It’s a state secret; At issue is whether the White House has the power to keep an alleged victim from seeking redress in US courts.” Wednesday in The Christian Science Monitor, Warren Richey will have an article that begins, “In December 2003, German citizen Khaled el-Masri boarded a bus in Germany for a holiday in Skopje, Macedonia.” Posted at 10:12 PM by Howard Bashman“The Seven-Year Itch: Mukasey is the Right Attorney General–Seven Years Too Late.” Benjamin Wittes has this essay online today at The New Republic. And National Review Online has an editorial entitled “Judging Mukasey.” Posted at 8:10 PM by Howard Bashman“Liberal Originalism: The Only Way Liberals Can Compete in Constitutional Interpretation.” Law Professors Robert Post and Reva Siegel have this essay online at The New Republic. Posted at 8:04 PM by Howard Bashman“ABC interviews Thomas”: At his “LawBeat” blog, Mark Obbie has this post noting that ABC News correspondent Jan Crawford Greenburg spent today interviewing Justice Clarence Thomas for an interview that will air on October 1, 2007, the same day that Justice Thomas’s new book — “My Grandfather’s Son: A Memoir” — goes on sale. Posted at 7:18 PM by Howard Bashman“Supreme Makeover: Inventing a New Model of Judicial Openness on the High Court?” This event is scheduled to get underway at 4 p.m. eastern time today at the Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University. The event will feature an address by Dahlia Lithwick and a panel discussion with Ben Wittes and Tony Mauro. Mark Obbie, author of the “LawBeat” blog, will serve as moderator. Once the event gets underway, you should be able to access a live webcast by clicking here (Windows Media Player required). And tomorrow at 2 p.m. eastern time, Chief Justice John G. Roberts, Jr. will be at Syracuse University to deliver the keynote address at the dedication of Newhouse III. Posted at 3:20 PM by Howard Bashman“AG Nominee Begins Hill Visits”: The Associated Press provides this report. Posted at 2:58 PM by Howard BashmanU.S. Court of Appeals for the Third Circuit upholds Delaware federal district court’s rejection of Tracinda Corp.’s “merger of equals” securities fraud claim against DaimlerChrysler: You can access today’s Third Circuit ruling at this link. Although that ruling against the plaintiff was unanimous, the panel divided 2-1 in affirming the district court’s imposition of a half-million-dollar sanction against defendants for discovery violations. Posted at 2:04 PM by Howard Bashman“Transcripts of Federal Court Proceedings Nationwide To Be Available Online”: The Administrative Office of the U.S. Courts today issued a news release that begins, “The Judicial Conference of the United States today voted to make transcripts of federal district and bankruptcy court proceedings available online through the Judiciary’s Public Access to Court Electronic Records (PACER) system.” Posted at 2:00 PM by Howard Bashman“‘Ask the Author’ with Jeffrey Toobin: Part 1.” This post appears today at “SCOTUSblog.” Posted at 12:11 PM by Howard Bashman“Court upholds Md. gay marriage law; Md. high court rules state’s traditional marriage statute does not violate constitutional rights”: The Baltimore Sun provides this news update. And The Associated Press reports that “Court Upholds Md. Gay Marriage Ban.” You can access today’s ruling of the Court of Appeals of Maryland — that State’s highest court — at this link. Additional background material in the case is available here. Posted at 12:05 PM by Howard Bashman |
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