“The problem of defining ‘wages’ in this case presents a contrast between two possible concepts of faculty tenure at the University.” The majority on a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit today issued an opinion that begins, “The issue in this case is whether early retirement payments made by the University of Pittsburgh to its tenured faculty are taxable as ‘wages’ under the Federal Insurance Contribution Act (FICA)?”
The majority holds that the payments constituted wages and thus were taxable. Third Circuit Chief Judge Anthony J. Scirica dissented in an opinion that concludes: “Accordingly, I would hold payments for the relinquishment of the property right in tenure at the University were not remuneration for employment and were not subject to FICA taxation.” In agreement with today’s dissenter, the trial judge had also held that the payments are not taxable.
“Brian Nichols case — Despite critics, Fuller toils on; Going from retirement to complex case: Superior Court judge took job nobody wanted.” Today’s edition of The Atlanta Journal-Constitution contains an article that begins, “Despite ongoing criticism and being called ‘a fool’ by a peer, the trial judge in the Brian Nichols death penalty case has shown no signs that he’s going to step aside. Nor is he cowering or maintaining a low profile.”
And The Associated Press is reporting that “Prosecutor sues judge over delays in Nichols’ trial.”
Who will want to be a state trial court judge in Virginia now that you can’t flip a coin to decide a case or order a litigant to drop her pants? The Associated Press provides a report headlined “Judge Booted for Flipping Coin to Decide” that begins, “A judge who ordered a woman to drop her pants and decided a custody dispute by flipping a coin was removed from the bench by the Virginia Supreme Court on Friday.”
You can access today’s ruling of the Supreme Court of Virginia at this link.
“Leahy to Oppose Mukasey for AG”: The Associated Press provides a report that begins, “The chairman of the Senate Judiciary Committee said Friday he won’t support Attorney General nominee Michael Mukasey, further undercutting his chances for a quick confirmation, because he hasn’t taken a firm enough stand against torture.”
“Panel OKs Tinder for appeals post”: The Indianapolis Star today contains an article that begins, “The Senate Judiciary Committee on Thursday unanimously approved U.S. District Judge John D. Tinder’s nomination to the federal appeals court. The full Senate must still vote on the Indianapolis native. It’s not clear when that vote might come.”
Vote for best (or should I say “most popular”) law blog in The 2007 Weblog Awards: You can vote once every 24 hours. By clicking here, you’ll be taken directly to the page where you can vote for one of the ten law blog finalists. All the other categories in which voting is also underway can be viewed via this link.
“Undecided Schumer May Be Key to Mukasey’s Chances; Judiciary Chairman Endorsed Justice Nominee but Says He, Like Other Democrats, Is Concerned About Torture Question”: The Washington Post contains this article today. An editorial is entitled “Mr. Mukasey and Torture: The Senate should confirm the former and ban the latter.” And today’s installment of Dana Milbank’s “Washington Sketch” column is headlined “Logic Tortured.”
The New York Times today contains articles headlined “Bush, Defending Justice Nominee, Sees Unfairness” and “Taking All the Credit, and Then Counting the Cost.”
The Los Angeles Times reports that “Bush raises stakes on Mukasey; Democrats’ insistence on a torture declaration is unfair and could leave the Justice Department without a leader, the president says.”
USA Today contains an article headlined “Bush: Mukasey approval needed for U.S. security.”
The Washington Times reports that “It’s Mukasey or no one, Bush warns.”
And The New York Sun reports that “Bush Scolds Congress For Its Treatment of Mukasey.”
“Princeton at risk of losing donor’s gift; In light of dispute, universities may work to ensure donations are spent in accord with requests”: This article appears today in The Yale Daily News.
“Brutality, Disguised: The Supreme Court should end both lethal injection and capital punishment altogether.” The Harvard Crimson contains this editorial today.
“Va. abortion law argued in court; ‘Partial-birth’ procedure is focus of 4th Circuit hearing in Richmond”: This article appears today in The Richmond Times-Dispatch.
And today in The Washington Post, Robert Barnes reports that “Judges Appear Hesitant on Virginia ‘Partial Birth’ Abortion Ban; Supreme Court’s Ruling Allowing Restrictions on Procedure May Not Open Door to Implementation of State’s Statute.”
“Librarians Say Surveillance Bills Lack Adequate Oversight”: The Washington Post today contains an article that begins, “A little-remarked feature of pending legislation on domestic surveillance has provoked alarm among university and public librarians who say it could allow federal intelligence-gathering on library patrons without sufficient court oversight.”
“$3.6 billion ruling rejected; State did not prove Exxon committed fraud, court rules”: This article appears today in The Birmingham News.
As I noted in this post from last night, the blog “Alabama Appellate Watch” has posted yesterday’s 125-page ruling of the Supreme Court of Alabama at this link.
“To Marine’s Father, Suit Is More Than Money”: The New York Times today contains an article that begins, “After a year and a half of anger, grief and legal maneuvering, the father of a marine killed in Iraq has said the success of his suit against a fundamentalist sect that picketed his son’s funeral means more than the jury’s $10.9 million damage award on Tuesday.”
The Baltimore Sun today contains articles headlined “Reversal likely in protest verdict; First Amendment applies, experts say” and “Survivors of soldiers thankful for verdict; Families find justice in damage award against Kan. church.” In addition, columnist Jean Marbella has an op-ed entitled “If church doesn’t pay, father still wins.”
And The Topeka Capital-Journal today contains articles headlined “Fallen Marine’s dad wants Phelps property” and “Phelps church vandalized; small firecrackers found.”
“Rules Lower Prison Terms in Sentences for Crack”: This article appears today in The New York Times.
And in The Los Angeles Times, Harlan Protass has an op-ed entitled “Revisit crack sentences: Congress nixed outrageous prison terms for crack offenders, but the decision should be applied retroactively.”
Available online from law.com: An article reports that “Circuits Wary of Plan for Policing Federal Bench.”
And in other news, “Pa. Court Applies Strict Time Bar in Legal Malpractice Case.” You can access the recent ruling of the Superior Court of Pennsylvania at this link.
“Counsel, Legal and Illegal”: In the November 5, 2007 issue of The New Republic, Law Professor Neal Katyal has this lengthy review of Law Professor Jack L. Goldsmith‘s book, “The Terror Presidency: Law and Judgment Inside the Bush Administration.”
“More equity in cocaine sentencing; Revised guidelines lessen disparity in prison terms for crack versus powder”: This article will appear Friday in The Christian Science Monitor.
And The Associated Press reports that “Crack Cocaine Sentencing Go Into Effect.”
“Shrapnel from bullet exploded in judge’s office, forensic expert says”: The Reno Gazette-Journal today contains an article that begins, “A bullet traveled about 515 feet from a downtown Reno parking garage, flew over the Century Theatre building and across the Truckee River before bursting through a courthouse window on the morning of June 12, 2006, a detective testified Wednesday. The bullet shattered into small metal pieces that cut into the skin and clothing of Family Court Judge Chuck Weller and his secretary, Annie Allison, as they stood in his chambers, said Victor Ruvalcaba, a forensic investigator with the Washoe County Sheriff’s Office, during his testimony Wednesday.”
And yesterday, that newspaper contained an article headlined “Targeted judge says he suspected Mack.”
“Ala. Court Cuts $3.6B Verdict Vs. Exxon”: The Associated Press provides a report that begins, “The Alabama Supreme Court on Thursday threw out nearly all of a record $3.6 billion verdict that the state government won against Exxon Mobil Corp. in a dispute over natural gas royalties. In an 8-1 decision, the state’s highest court awarded Alabama $51.9 million in compensatory damages. The court threw out all punitive damages, which made up most of the $3.6 billion verdict, the largest ever in Alabama.”
The blog “Alabama Appellate Watch” has posted today’s 125-page ruling of the Supreme Court of Alabama at this link.
Check out the ten finalists for “Best Law Blog” in The 2007 Weblog Awards: Click here and scroll down some. Voting is scheduled to begin tomorrow.
“States likely to delay executions until ruling; The US Supreme Court’s stay of an execution Tuesday signals a moratorium on lethal injections until it decides a key case”: Warren Richey will have this article Friday in The Christian Science Monitor.
“Bush strongly defends embattled Mukasey”: McClatchy Newspapers provide this report.
“Jailed Gitmo Journalist Gains Support”: The Associated Press provides a report that begins, “A campaign to free a journalist imprisoned at Guantanamo gained support Thursday from the first Muslim member of Congress, who urged authorities to prosecute or release him after more than five years without charges.”
If you think that Carter G. Phillips had fun uttering profanities before a three-judge panel of the U.S. Court of Appeals for the Second Circuit last December, he may soon get to reprise his performance before the nine Justices of the U.S. Supreme Court: At “SCOTUSblog,” Lyle Denniston has a post titled “Court asked to block expletives on the air” reporting on this petition for writ of certiorari that the federal government filed today.
My earlier coverage of the Second Circuit oral argument, which occurred on December 20, 2006, appears at this link. According to one press account of that oral argument, “the judges may have been reluctant to swear in court, but Fox attorney Carter Phillips said ‘fuck’ and ‘fucking’ and ‘shit’ almost immediately in outlining the case, as if to get the words out, on the table and unabashedly part of the conversation.”
Thanks to C-SPAN, you can view and listen to the Second Circuit oral argument by clicking here (RealPlayer required).
A divided three-judge Second Circuit panel issued its ruling in this case in June 2007, and my posts covering that ruling can be accessed here, here, and here.
“Mukasey nomination sparks debate at alma mater Yale”: The Yale Daily News contains this article today.
“William K. Stevens: 1917-2007; Longtime attorney and estate specialist; He was a brother of Supreme Court Justice John Paul Stevens.” This obituary appeared yesterday in The Chicago Tribune.
“Bush criticizes Democrats on Mukasey nomination; He defends his pick for attorney general for refusing to say whether he thought coercive interrogation techniques were torture”: The Los Angeles Times provides this news update.
The Washington Post provides a news update headlined “Bush Backs Attorney General Nominee.”
And The New York Times provides a news update headlined “Bush Moves to Save Mukasey Nomination.”
You can access a transcript of President Bush’s remarks at this link.
“Plea for bail in high-profile jury misconduct case”: Lyle Denniston has this post at “SCOTUSblog” on the emergency application for continued bail that former Illinois Governor George H. Ryan, Sr. and co-defendant Lawrence E. Warner have filed.
“State Court Upholds Fla. Executions”: The Associated Press provides a report that begins, “Florida’s Supreme Court ruled Thursday that the state’s lethal injection procedures are not cruel and unusual, which could clear the way for an execution scheduled for this month.”
You can access today’s ruling of the Supreme Court of Florida at this link.
“G’town students court the Supremes”: The Georgetown Voice today contains an article that begins, “Though not wearing costumes, the 17 Georgetown students huddled around the GUTS bus stop in front of Leo’s at 6:30 a.m. on Wednesday had woken up early for a special Halloween treat: a private meeting with Associate Justice Stephen Breyer.”
“As a matter of federal constitutional law, a criminal suspect does not have a right to keep her mug shot and the information contained in a police report outside of the public domain–and least of all from legitimate requests for the information from the press.” A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today issued a decision that begins, “Dorothy Bailey claims that the Port Huron Police Department violated her constitutional right to privacy by disclosing her name, hometown, photograph, phone number and husband’s occupation after prosecutors charged her in connection with a drunk-driving accident.”
Information disclosed to the press included that Ms. Bailey’s husband worked as an undercover law enforcement officer, and in fact he was employed as an undercover deputy sheriff in the drug task force unit of the St. Clair County, Michigan Sheriff’s Department.
Circuit Judge Jeffrey S. Sutton was the author of today’s ruling.
“The facts of this case read like a novel in that they involve the resurrection of an inventor thought to be deceased.” This decision issued today demonstrates what passes for excitement these days in the U.S. Court of Appeals for the Federal Circuit.
“U.S. Supreme Court hears case of convicted Minnesota sex offender”: This article appears today in The Minneapolis Star Tribune.
“Protest hits home for Texas judge who refused to hear late appeal”: Yesterday’s issue of The Daily Texan contained an article that begins, “A group of activists opposing the death penalty rallied outside Judge Sharon Keller’s home in North Austin Tuesday night. Keller presides over the Texas Court of Criminal Appeals and refused to accept a late death penalty appeal on Sept. 25, which resulted in Michael Richard’s execution.”
And The Fort Worth Star-Telegram yesterday contained an editorial entitled “Hello? Hello?! Criminal justice.”
“Scott Peterson can’t collect on murdered wife’s insurance, court rules”: Bob Egelko has this article today in The San Francisco Chronicle.
And The Modesto Bee reports today that “Policy goes to Laci Peterson’s mother; Appellate court panel sees no reason to delay payout.”
You can access yesterday’s ruling of the California Court of Appeal for the Fifth Appellate District at this link.
