“Supreme Court assesses role of arbitration”: Patti Waldmeir has this article today in Financial Times.
The Federal Arbitration Act prescribes deferential judicial review of arbitration awards, so that even an arbitration award that is the result of ordinary errors of law or ordinary errors in fact-finding is not subjected to being overturned by a judge. This case, in a nutshell, presents the question whether, under the FAA, the parties may agree in their arbitration contract to more intrusive judicial review of an arbitration award than the FAA would otherwise allow.
Although that subject may sound rather mundane, the case actually presents a very difficult issue on which the federal courts of appeals have divided. Yesterday’s transcript of oral argument before the U.S. Supreme Court confirms what a difficult and interesting question this case presents.
Today is the last day that you can vote for “Best Law Blog” in The 2007 Weblog Awards: “How Appealing” could use your vote in this popularity contest in order to ensure a respectable showing. Right now, this blog is in fifth place in the voting among the ten finalists. To vote, simply click here and then click on the appropriate oval a couple of times until the current vote results are revealed. This blog is currently only 106 votes behind the fourth place blog and fewer than 500 votes behind the third place blog, so third place is definitely within reach. All you need to do is vote!
“CSU students not ready to make nice – and they don’t have to”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The 417,000 students at California State University’s 28 campuses are expected to be civil to one another, the university says in its policy manual. It sounds innocuous – but a federal magistrate says it’s an unconstitutional restriction on speech when the policy is used to investigate or discipline students, such as the College Republicans whose members stomped on two flags bearing the name of Allah during an anti-terrorism rally at San Francisco State last year.”
“Ex-Gov. Ryan of Illinois Reports to Prison”: This article appears today in The New York Times.
The Chicago Tribune reports today that “Ryan reaches end of road: Prison; Fitzgerald takes issue with claim of innocence, ‘clear conscience.’” Yesterday’s newspaper, meanwhile, contained an article headlined “No fences, no violence, no privacy; Oxford camp lacks cellblocks and offers inmates a walking track, culinary classes.”
And The Chicago Sun-Times reports today that “For the next 6 years, this will be George Ryan’s identity: 16627-424; Former Gov. goes to prison; 73-year-old begins sentence at Wisconsin facility.”
“Two Democrats move to outlaw waterboarding”: McClatchy Newspapers provide this report. In addition, Joseph L. Galloway has an op-ed entitled “Is waterboarding torture? Yes.”
Today in The Los Angeles Times, columnist Rosa Brooks has an op-ed entitled “Torture: the new abortion; The legality of torture takes over as the political litmus test in campaigns and confirmation hearings.”
At FindLaw, Edward Lazarus has an op-ed entitled “Why Attorney General Nominee Michael Mukasey Should Be Confirmed, Even Despite His Refusal to Condemn Waterboarding as Illegal Torture.”
And today in The Harvard Crimson, Joanna Naples-Mitchell has an op-ed entitled “Cowardice on Display: Feinstein and Schumer set a dangerous precedent by endorsing Mukasey.”
“On the bench, it’s the year of the woman”: The Pittsburgh Post-Gazette contains this article today, along with articles headlined “Todd becomes second woman ever elected to state’s top court” and “Superior Court gets 3 from county.”
And The Philadelphia Inquirer today contains an article headlined “Turn-’em-out drive failed – or did it? One advocate of the effort to dump judges claimed victory, saying the ‘body count’ was not the real mark of success.”
“Canadian’s terrorism trial expected to be rocky; As in previous efforts to start the military commissions, problems are likely in the case of Omar Khadr”: This article appears today in The Los Angeles Times.
And yesterday in The Miami Herald, Carol Rosenberg had an article headlined “Some detainees turn in their Korans.”
“Judge targeted for advocacy on immigration”: The Philadelphia Inquirer today contains an article that begins, “A state Superior Court judge, who has been outspoken on the issue of illegal immigration, should be reprimanded and ordered to refrain from similar conduct in the future, according to a complaint filed with the state Judicial Conduct Board. The complaint alleges that Judge Correale Stevens – who on Tuesday won a retention election for a second 10-year term – violated the code of judicial conduct by advocating changes in immigration law at a statehouse rally and at other public events during the last year.”
Available online from law.com: Tony Mauro has an article headlined “A Question of Commas in D.C. Gun Case. Period.”
In other news, “Fla. Court Overturns $60 Million Verdict Against Ford in Explorer Rollover Cases.” You can access yesterday’s ruling of Florida’s Third District Court of Appeal at this link.
And in news from Georgia, “New Expert Rule Poses Challenges; Lawyers say ‘Daubert’ rookies should brush up on rules of road.”
Tenth Circuit rejects the Libertarian Party’s challenge to New Mexico’s ballot access provisions: You can access today’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
“Guantanamo Trial Faces Another Hurdle”: The Associated Press provides this report.
“O’Connor on the Temporary Disabled List”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”
And Mark Sherman of The Associated Press has an article headlined “O’Connor: Don’t Elect Judges.”
Access online today’s U.S. Supreme Court oral argument transcript in Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989: The Court has posted the transcript at this link.
“Former Ill. Governor Arrives at Prison”: The AP provides this report.
And The Chicago Tribune provides a news update headlined “Ryan reports to prison.”
“Supreme Court Takes Up Arbitration Case”: Pete Yost of The Associated Press provides this report.
On today’s broadcast of NPR’s “Morning Edition“: The broadcast contained audio segments entitled “Senate Panel Clears Mukasey for Confirmation Vote” and “FBI Decries Ruling Blocking Security Letters” (RealPlayer required).
“Convicted man won’t serve time for ’90 rape”: The Boston Globe today contains an article that begins, “The state’s highest court ruled yesterday that a Lowell man will not have to serve a prison sentence imposed after a 1990 rape conviction because the government waited 16 years before trying to bring him in to serve his time.”
You can access yesterday’s ruling of the Supreme Judicial Court of Massachusetts at this link.
“McCaffery, Todd elected to state high court”: The Associated Press provides a report that begins, “Democrats will soon control Pennsylvania’s highest court, thanks to the victorious campaigns of a former Philadelphia judge who dispensed speedy justice to rowdy football fans in ‘Eagles Court’ and a steelworker’s daughter from western Pennsylvania. Voters also rubber-stamped additional 10-year terms for seven appellate judges, signaling that public disenchantment with the 2005 government pay raises may have run its course.”
Today’s edition of The Pittsburgh Post-Gazette contains articles headlined “Pennsylvania Supreme Court: McCaffery wins; Todd jumps to lead in top court races” and “Pennsylvania Superior Court: Pittsburgh attorney leads appellate race.”
And The Harrisburg Patriot-News reports today that “Judges appear to keep seats.”
“Court hearing on executions in California is postponed”: Bob Egelko has this article today in The San Francisco Chronicle.
Available online from law.com: Shannon P. Duffy reports that “3rd Circuit Rejects RICO Claim Against Archdiocese.” You can access yesterday’s non-precedential ruling of the U.S. Court of Appeals for the Third Circuit at this link.
And in other news, “11th Circuit Panel Sides With Teacher Who Choked Student; Federal appeals court: ‘The justification for some corporal punishment was considerable,’ given student’s actions.” You can access the recent ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
“A Story of Surveillance: Former Technician ‘Turning In’ AT&T Over NSA Program.” This article appears today in The Washington Post.
“Court to rule: Can medical pot user be fired for failing drug test?” Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A divided California Supreme Court grappled Tuesday with the application of the state’s medical marijuana law in the workplace, debating whether an employee who uses pot to cope with pain or illness can be fired for violating federal drug laws.”
And Mike McKee of The Recorder reports that “Calif. Supreme Court May Need Tiebreaker for Pot Dispute; With one justice out with flu, court splits on question of whether employer can fire a medical pot user after a drug test.”
“Board puts faith in ‘In God We Trust’; After months of debate, a Bakersfield school district votes to display posters explaining the motto in 2,300 classrooms and offices”: The Los Angeles Times contains this article today.
And The Bakersfield Californian contains articles headlined “Controversial posters may cost $12,000” and “Poster vote prompts pastor to quit interfaith group presidency.”
“Senate Committee Approves Mukasey Nomination”: This article appears today in The New York Times, along with an article headlined “A Firsthand Experience Before Decision on Torture.”
The Washington Post reports today that “Mukasey Bid Survives Division on Senate Panel.”
The Los Angeles Times reports that “Committee sends Mukasey nomination to Senate floor; A judiciary panel approves Bush’s selection for attorney general; The confirmation vote is expected within two weeks.”
USA Today reports that “Judiciary panel votes to recommend Mukasey confirmation to full Senate.”
law.com reports that “Mukasey Nomination Heads to Full Senate; Two Democrats help push nomination forward, in spite of protests.”
And today in The Wall Street Journal, Law Professor Alan Dershowitz has an op-ed entitled “Democrats and Waterboarding: The party will lose the presidential race if it defines itself as soft on terror.”
“Judge Allows Abu Ghraib Lawsuit Against Contractor”: The Washington Post today contains an article that begins, “A federal judge in Washington ruled yesterday that a civil lawsuit alleging abuse and torture at the Abu Ghraib prison in Iraq can go forward against a U.S. military contractor, setting the stage for what could be the first case in a U.S. civilian court to weigh accountability for the notorious abuses in 2003. U.S. District Judge James Robertson denied CACI International’s motion to dismiss a civil lawsuit on behalf of more than 200 Iraqis who at one time were detained at the Abu Ghraib prison. The Iraqis allege that the contracted CACI interrogators took part in abuses and that the company should be held liable for the harm inflicted on the detainees.”
You can access yesterday’s ruling of the U.S. District Court for the District of Columbia at this link.
“Job Bias Case Turns on Filing Right Form”: Linda Greenhouse has this article today in The New York Times.
Today in The Washington Post, Robert Barnes reports that “Justices Scold EEOC for Lapses In Age Discrimination Lawsuit.”
And in USA Today, Joan Biskupic reports that “Supreme Court takes federal agency to task in age bias case; Justices review how complaints are dealt with.”
“Agent Orange disability fight revisited in court; Could affect 800,000 ‘blue water’ Vietnam vets, who served offshore”: USA Today contains this article today.
“State justices hear arguments about custody, circumcision; Dad, who is the custodial parent, wants his son, 12, to have surgery; mom disagrees”: The Oregonian contains this article today.
And today in The New York Sun, Josh Gerstein reports that “Ore. Court Mulls Circumcision Case.”
“Teen Wins Fight for Antiabortion Club at School; Officials Reverse Decision After Lawsuit Is Filed”: This front page article appears today in The Washington Post.
And The New York Times today contains an article headlined “Telling the Stories Behind the Abortions.”
“Independence Day: How Michael Mukasey’s squishiness on water-boarding became laudable intellectual independence.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Torture Still Hot Topic as Mukasey Advances”: This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening’s broadcast of NPR’s “All Things Considered.”
“Muhammad’s Six Convictions Upheld in Md.; Judge Compares Blanket of Fear To That Cast by Jack the Ripper”: This article appears today in The Washington Post.
And The Baltimore Sun reports today that “Md. appeals court upholds six sniper murder convictions.”
You can access yesterday’s ruling of the Court of Special Appeals of Maryland at this link.
Airing tonight on PBS, the Frontline documentary “Extraordinary Rendition”: More details are available at the program’s web site.
And today’s broadcast of the public radio program “Here & Now” contained this audio segment (RealPlayer required) about the program.
“Maneuver gave Bush a conservative rights panel”: Today in The Boston Globe, Charlie Savage has an article that begins, “The US Commission on Civil Rights, the nation’s 50-year-old watchdog for racism and discrimination, has become a critic of school desegregation efforts and affirmative action ever since the Bush administration used a controversial maneuver to put the agency under conservative control.”
“Senate Judiciary Committee Executive Business Meeting on A.G. Nominee Mukasey”: C-SPAN has posted the video online at this link (RealPlayer required).
