“Makah judges talk tough on whalers”: The Seattle Times today contains an article that begins, “No matter what the federal government decides to do with them, the five Makah tribal whalers who illegally killed a gray whale last weekend will still have to face Jean and Emma. That’s Jean Vitalis, chief judge of the Makah tribal court, and Emma Doulik, the associate judge. They’re lifelong residents of Neah Bay and longtime leaders among the Makah. And they’ll be the first to tell you this truth: Reservation justice is not blind.”
“Drake decision prompts outcry; Reached at home Saturday, Chemerinsky says he’s willing to talk to UCI’s chancellor any time about the deanship”: This article appears today in The Orange County Register.
The Los Angeles Times reports today that “Law school deans differ on advocacy roles; Some believe they must curb their activism in the interest of their institution; others say they retain their right to speak freely.”
The Daily Pilot of Costa Mesa, California contains an editorial entitled “Chancellor owes the public answers.”
And The Press-Telegram of Long Beach, California contains an editorial entitled “Withdrawing job offer to legal scholar is an assault on ideas.”
“‘The Nine’: Jeffrey Toobin’s new book peeks inside the sheltered world of the Supreme Court justices; Are the unpredictable personal dynamics among the justices more important than the agenda they brought with them?” Online at Salon, Law Professor Garrett Epps has this review of Jeffrey Toobin’s new book, “The Nine: Inside the Secret World of the Supreme Court.”
“Bush May Name Former Federal Judge to Succeed Gonzales”: The New York Times today contains an article that begins, “A former federal judge from New York has emerged as a contender to succeed Alberto R. Gonzales as attorney general, as the White House moved closer to announcing President Bush’s choice to lead the Justice Department, according to associates of several prospective candidates. The former judge, Michael B. Mukasey, has been cited as a candidate since Mr. Gonzales announced his resignation.”
“Sources: Retired judge may replace Gonzales.” CNN.com provides a report that begins, “A retired federal judge is a leading candidate to replace Attorney General Alberto Gonzales, whose last day on the job was Friday, two sources familiar with the search for a successor told CNN on Saturday. Michael B. Mukasey, 66, was nominated to the bench in 1988 by President Ronald Reagan, and was chief judge until September 2006 for the Southern District of New York — a high-profile U.S. court district that’s one of the nation’s busiest.”
And The Associated Press provides a report headlined “Scrutiny for Possible AG Nominee” that begins, “Conservatives on Saturday lined up for and against potential attorney general nominee Michael Mukasey, the man they believe has ascended to the top of President Bush’s list of replacements for Alberto Gonzales.”
“Va. High Court Breaks New Ground on Tree Liability”: This front page article appears today in The Washington Post.
And The Associated Press reports that “Ruling in tree dispute is voided; Va. Supreme Court reverses precedent, orders new trial.”
You can access yesterday’s ruling of the Supreme Court of Virginia at this link.
“Hearing delay could extend ban on executions; Decision by a federal judge means the court’s ban on executions could stretch to two years; He plans to visit the new death chamber”: Henry Weinstein has this article today in The Los Angeles Times.
Today in The San Francisco Chronicle, Bob Egelko reports that “Judge wants more time to study new injection procedure for inmates.”
And in The San Jose Mercury News, Howard Mintz reports that “Executions still on hold; Judge will visit new death chamber, hold more hearings.”
“Bikers win another chance to argue for their free-speech rights”: Bob Egelko has this article today in The San Francisco Chronicle.
And today in The San Jose Mercury News, Howard Mintz reports that “Court agrees to reconsider garlic-festival decision.”
My earlier coverage of yesterday’s Ninth Circuit order granting rehearing en banc can be accessed here.
“Primed for a Voting Rights Act overhaul: A Texas lawsuit seeks to show that ’60s-era oversight is no longer needed.” Edward Blum has this op-ed today in The Los Angeles Times.
“An epic fight for one man’s clemency: Phillip Emmert, was serving 27 years for a first-time drug offense; He had no chance of a pardon but his supporters tried anyway.” This lengthy article appears today in The Los Angeles Times.
“In Turnaround, Industries Seek Regulations”: The New York Times on Sunday will contain an article that begins, “After years of favoring the hands-off doctrine of the Bush administration, some of the nation’s biggest industries are pushing for something they have long resisted: new federal regulations.”
“Who’s Afraid of Voter ID?” This editorial appears today in The Wall Street Journal.
“Bush Administration Aiming To Ease Surveillance Concerns”: The Washington Post today contains an article that begins, “The Bush administration, facing withering criticism over its temporary foreign intelligence wiretap law, has launched a campaign to assure Democratic lawmakers that the law will not result in domestic surveillance without a court order, and at the same time it has indicated that it is willing to consider changes.”
“UCI reportedly working on a deal to rehire Chemerinsky; Days after the legal scholar was rejected as law school dean, talks are in progress; He is noncommittal”: This article appears today in The Los Angeles Times.
Available online from law.com: Tony Mauro has an article headlined “Is Olson Too Partisan to Run the Justice Department? Former SG has strong legal credentials and a loyal following inside DOJ, but his hyperpolitical past makes Democrats balk.”
In other news, “2nd Circuit Gives Narrow Reading to Causes of ‘Ineffective Assistance.’” You can access Wednesday’s Second Circuit ruling at this link.
Shannon P. Duffy has an article headlined “3rd Circuit: Some ERISA Cases May Need More Scrutiny.” You can access yesterday’s Third Circuit ruling at this link.
And the brand new installment of my “On Appeal” column is headlined “Federal Judges to Appellate Attorneys: What’s Your Point?”
“Ruling boosts O’Hare plan to move suburban cemetery”: Each of the first two paragraphs of this article published today in The Chicago Tribune contains an obvious error.
My earlier coverage of yesterday’s Seventh Circuit ruling appears at this link.
On this evening’s broadcast of NPR’s “All Things Considered“: Nina Totenberg had a book review segment entitled “Toobin’s ‘The Nine’ Reveals Politics of High Court.”
The broadcast also contained an audio segment entitled “Gonzales Bids Justice Department Farewell.”
RealPlayer is required to launch these audio segments.
“Reporters get first look inside mysterious Supermax prison”: CNN.com provides this report from ADX Florence.
Wednesday’s issue of The Canon City (Colo.) Daily Record reported that “Supermax opens doors for rare tour.”
And in related coverage, Wednesday’s edition of The Pueblo Chieftain reported that “9/11 just another day for convicted terrorist.”
“Mamma mia, that’s-a spicy meat-a-ball!” And a very expensive one too, as noted in this article from CNN.com focusing on a new report from the Inspector General of the Department of Justice titled “Department of Justice Conference Expenditures.”
“Gonzales Leaves Justice Department”: The AP provides this report.
“Giuliani Has Conservative Ally in Olson”: The Associated Press provides a report that begins, “In his campaign to win over Republican conservatives, presidential hopeful Rudy Giuliani has a persuasive ally in Theodore Olson, a high-profile lawyer often mentioned as a possible replacement for departing Attorney General Alberto Gonzales.”
“Rosenstein up for federal judge; Background checks done on U.S. attorney for Maryland”: The Baltimore Sun today contains an article that begins, “Maryland’s top federal prosecutor is in the final stages of the process to fill a vacancy at the U.S. Court of Appeals for the 4th Circuit, according to sources close to the procedure.”
Ninth Circuit grants rehearing en banc in challenge to Gilroy (Calif.) Garlic Festival’s prohibition against the wearing of gang colors or other demonstrative insignia, including motorcycle club insignia: As I observed on April 30, 2007 when the original three-judge panel issued its ruling rejecting that challenge, “The only thing more fearsome than a gang member decked out in demonstrative insignia is a gang member decked out in demonstrative insignia who reeks of garlic.”
Today’s order granting rehearing en banc can be accessed here, while I collected additional coverage of the three-judge panel’s ruling at this link.
Pleading a claim of patent infringement under the doctrine of equivalents in the aftermath of Bell Atlantic Corp. v. Twombly: A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this decision today.
“Prison Library Purge”: Columnist Michael Gerson has this op-ed today in The Washington Post.
“Gonzales Ready to Leave the Stage”: The Washington Post today contains an article that begins, “After nine months of noisy controversy over his troubled tenure, Attorney General Alberto R. Gonzales is leaving office quietly today with a low-key farewell address to Justice Department employees in Washington.”
That newspaper also contains today’s installment of Al Kamen’s “In the Loop” column, headlined “A Tree in AG Contender’s Past Could Needle Democrats.”
“Brotherly Bonds Fail to Sway Appeals Court”: The New York Times today contains an article that begins, “In a decision that somehow managed to bring together karaoke, laser tag, exotic dancers and rabbinical consultations, a federal appeals court ruled yesterday that a lower court had erred in saying the College of Staten Island could not deny official recognition to a Jewish fraternity simply because all of its members were male.” The article goes on to report that “Indeed, in its tone and language, the ruling seemed to suggest that it had probably been a while since the circuit judges last watched ‘Animal House.’ It discussed the inner workings of the Greek system with an oddly clinical approach (‘The fraternity selects its members,’ one passage reads, ‘through a process called “rush”‘) and betrayed a decided unfamiliarity with rituals that would be well known to almost any alumnus of the Big Ten.”
And The New York Daily News today contains an article headlined “Staten Island college can ban ‘men-only’ frat – court.”
My earlier coverage of yesterday’s Second Circuit ruling appears at this link.
“A Bad Beginning in Irvine”: The New York Times today contains an editorial that begins, “A law school would be mighty fortunate to have Erwin Chemerinsky, a distinguished Duke Law School professor, as its dean.”
The Washington Post reports today that “Scholars Decry Law School’s About-Face on New Dean.”
And The Los Angeles Times contains articles headlined “Furor disrupts plans for UCI school of law; The decision to drop Erwin Chemerinsky as dean could delay the 2009 opening” and “UC Irvine chancellor’s admirers are ‘at a loss’; Praised as thoughtful and ethical, Michael Drake has left colleagues puzzled by his dismissal of Erwin Chemerinsky; ‘There has to be more to the story,’ one says,” along with the text of “A letter to UCI Chancellor Michael V. Drake; Posted on a website for UC Irvine students, faculty and staff, this letter was signed online by 160 people in four hours.”
In addition, The Los Angeles Times contains an op-ed by UC Irvine Chancellor Michael V. Drake entitled “Why I let Chemerinsky go: I made a management decision — not an ideological or political one — to rescind the job offer.” And Law Professor Erwin Chemerinsky has an op-ed entitled “Dumped over an Op-Ed: Ordeal is a lesson in academic freedom.”
“Borking Mr. Olson: President Reid gives AG orders to the White House.” This editorial appears today in The Wall Street Journal.
“View from the bench: Roberts seeks to inspire in UM lectures.” The Missoulian today contains an article that begins, “Referencing the work of acclaimed Montana writer Norman Maclean on Thursday, Chief Justice of the United States John Roberts Jr. sought to inspire and encourage a future generation of lawyers, comparing the fundamentals of their chosen profession to firefighting.”
You can access the audio of the Chief Justice’s remarks yesterday at University of Montana School of Law by clicking here.
“How An Upcoming Supreme Court Case Illustrates and Continues the Court’s Current Interest in ‘Jurisdictional’ Questions”: Vikram David Amar has this essay online today at FindLaw.
Available online from law.com: An article reports that “2nd Circuit Rejects All-Male Fraternity’s Bid for Official Recognition.” My earlier coverage of today’s Second Circuit ruling appears at this link.
And Justin Scheck reports that “9th Circuit Judges Define Moral Turpitude.” My earlier coverage of yesterday’s Ninth Circuit ruling appears at this link.
“Inflatable Rat Case Goes to NJ Court”: The Associated Press provides a report that begins, “The state Supreme Court has dealt with gay marriage, education funding and abortion rights – and now, it can add ‘inflatable rat’ to the list.”
“Tickets to see chief justice sell out in minutes; Students arrive early to grab limited spots for address in Hendricks”: This article appears today in The Daily Orange of Syracuse University.
In addition, the newspaper contains an editorial entitled “Robert’s speech needed better promotion.”
“Roberts Compares Lawyers to Firefighters”: The Associated Press provides a report that begins, “Chief Justice John Roberts on Thursday compared attorneys to firefighters, telling a law school gathering that both have to jump into tough situations to contain problems. Roberts, who suffered a seizure earlier this summer, looked fit and energetic as he spoke to about 1,000 people at the University of Montana law school event.”
Also available online are video coverage of the Chief Justice’s remarks and some additional information about the event.
