Fifth Circuit reinstates municipal ordinance intended to prohibit smoking in public places in Austin, Texas: You can access today’s ruling at this link.
Posted at 3:54 PM by Howard Bashman
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Friday, March 28, 2008
Fifth Circuit reinstates municipal ordinance intended to prohibit smoking in public places in Austin, Texas: You can access today’s ruling at this link. Posted at 3:54 PM by Howard BashmanPartially divided three-judge First Circuit panel reverses class certifications in MDL consumer action alleging a conspiracy by automobile manufacturers to illegally block lower-priced imports from Canada: You can access today’s ruling of the U.S. Court of Appeals for the First Circuit at this link. Posted at 3:22 PM by Howard BashmanA man is accused of grabbing his own crotch, and a D.C. Circuit appeal ensues: You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Posted at 10:57 AM by Howard BashmanToday at the “Althouse” blog: A post from Ann stating, “I was tempted to write a post about the existential angst of Howard Bashman.” Alas, her discussion of that subject apparently must await another day. Posted at 9:30 AM by Howard Bashman“Ex-Governor of Alabama Is Ordered Released”: The New York Times today contains an article that begins, “Donald Siegelman, former governor of Alabama, was ordered released from prison on Thursday by a federal appeals court, pending his appeal of a bribery conviction that Democrats say resulted from a politically driven prosecution.” The Birmingham News reports today that “Court orders Siegelman free on bond, won’t let Scrushy out on appeal; Scrushy, once labeled flight risk, remains locked up.” And The Montgomery Advertiser reports that “Siegelman granted release from prison.” Last month, the CBS News program “60 Minutes” had this video segment about the prosecution. A transcript of the segment can be accessed here. Posted at 9:17 AM by Howard Bashman“Tapes’ Destruction Hovers Over Detainee Cases”: Today’s edition of The New York Times contains a front page article that begins, “When officers from the Central Intelligence Agency destroyed hundreds of hours of videotapes documenting harsh interrogations in 2005, they may have believed they were freeing the government and themselves from potentially serious legal trouble. But nearly four months after the disclosure that the tapes were destroyed, the list of legal entanglements for the C.I.A., the Defense Department and other agencies is only growing longer. In addition to criminal and Congressional investigations of the tapes’ destruction, the government is fighting off challenges in several major terrorism cases and a raft of prisoners’ legal claims that it may have destroyed evidence.” Posted at 9:05 AM by Howard Bashman“Life term or new penalty hearing ordered for Mumia Abu-Jamal”: This article appears today in The Philadelphia Inquirer, along with articles headlined “Maureen Faulkner reacts to Abu-Jamal decision” and “Abu-Jamal’s defenders irate; detractors see mixed bag.” And today’s edition of The Philadelphia Daily News reports that “Abu-Jamal’s conviction upheld, death sentence questioned.” In addition, columnist Jill Porter has an op-ed entitled “Just let Abu-Jamal rot in jail and get it over with.” My earlier coverage of yesterday’s Third Circuit ruling appears at this link. Posted at 8:48 AM by Howard Bashman“Cyclist a hindrance, agent says”: In today’s edition of The San Francisco Chronicle, Lance Williams has an article that begins, “The federal agent who led the investigation of the BALCO steroids ring said Thursday that his probe stalled for a time because an elite cyclist didn’t tell the truth about the chemist who created the drugs at the heart of the scandal.” And in yesterday’s newspaper, Williams had an article headlined “Cyclist appeared to be shaving face, drug tester tells jury.” That’s apparently newsworthy because the cyclist in question is female. Posted at 8:40 AM by Howard Bashman“Mukasey backs Bush efforts on wiretapping”: Bob Egelko has this article today in The San Francisco Chronicle. And today in The New York Sun, Josh Gerstein reports that “Mukasey Makes Emotional Plea for Surveillance Powers.” The newspaper also contains an editorial entitled “Mukasey’s Emotion.” Posted at 8:34 AM by Howard Bashman“Lockerbie Lawyer Optimistic on Libya Claims Accord”: Bloomberg News provides this report. And The Associated Press reports that “US Weighing Libyan Compensation Offer.” Posted at 8:22 AM by Howard Bashman“The House of Representatives’ Contempt Citation Against White House Officials: Why the U.S. District Court for the District of Columbia Should Opt for En Banc Review.” Carl Tobias has this essay online today at FindLaw. Posted at 6:40 AM by Howard BashmanThursday, March 27, 2008
Available online from law.com: An article is headlined “N.J. Supreme Court: Punitives for Wrongdoer Only, Not for General Deterrence.” You can access today’s ruling of the Supreme Court of New Jersey at this link. Shannon P. Duffy reports that “Mumia Abu-Jamal’s Death Sentence Overturned, but Conviction Upheld.” My earlier coverage of today’s Third Circuit ruling appears at this link. And in other news, “Office of Legal Counsel Nominee Has Liberal Roots; Steven Bradbury may have started in a vegetarian commune, but the OLC nominee moved right.” Posted at 11:02 PM by Howard Bashman“Protecting Americans’ habeas rights: No matter what the administration says, two U.S. citizens held by the military in Iraq deserve a hearing.” The Los Angeles Times contains this editorial today. Posted at 10:57 PM by Howard Bashman“Court allows Siegelman release from prison pending appeal”: The Associated Press provides a report that begins, “A federal appeals court approved the release of former Alabama Gov. Don Siegelman on bond Thursday while he appeals his conviction in a corruption case. The 11th U.S. Circuit Court of Appeals said the former governor had raised ‘substantial questions of fact and law’ in challenging his conviction.” Posted at 10:50 PM by Howard Bashman“Pulitzer winner to join Yale Law; Linda Greenhouse, Supreme Court reporter for the Times, to become journalist-in-residence”: This article appears today in The Yale Daily News. Posted at 10:45 PM by Howard Bashman“A Lawyer’s ‘Good Day’ at the Supreme Court”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.” Posted at 10:34 PM by Howard BashmanJustice Sandra Day O’Connor acknowledges that she won’t have to wear a thong bathing suit if she visits the state parks of Florida: Details are contained in the update to my post from earlier this month titled “At a minimum, don’t omit ‘at a minimum.’” Justice O’Connor is also in the news today for less provocative reasons. Today’s edition of The Winchester Star contains articles headlined “Former justice receives Byrd service award; Sandra Day O’Connor honored at VMI” and “O’Connor: Clear policy needed for prisoners; Standards of treatment have been blurred in war on terror.” Posted at 10:32 PM by Howard Bashman“Scalia Criticizes News Media”: The Associated Press provides this report. Posted at 10:12 PM by Howard BashmanDispute over how to apply U.S. Supreme Court‘s fractured ruling in Rapanos v. United States gives rise to a dissent from the Eleventh Circuit’s denial of rehearing en banc: Two judges serving on the U.S. Court of Appeals for the Eleventh Circuit joined in this dissent from the denial of rehearing en banc issued today. Posted at 4:44 PM by Howard Bashman“Ninth Circuit Court of Appeals Announces New Clerk of Court”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit yesterday issued this news release. Posted at 4:30 PM by Howard Bashman“City can’t limit liability in Staten Island Ferry crash, court rules”: The Staten Island Advance provides this news update. The Associated Press reports that “Appeals court finds city can be held fully liable in ferry crash.” And the “City Room” blog of The New York Times provides a post titled “Court Finds City Was Negligent in S.I. Ferry Crash.” You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 4:15 PM by Howard BashmanEligibility for deportation for “stalking” conviction is not unconstitutionally vague on its face or as applied, Second Circuit rules: The U.S. Court of Appeals for the Second Circuit issued this ruling today. Posted at 4:11 PM by Howard Bashman“No death for Mumia Abu-Jamal — at least for now”: The Philadelphia Inquirer provides a news update that begins, “A federal appeals court today refused to reinstate the death sentence of world-famous death row inmate Mumia Abu-Jamal, but left intact his murder conviction in the 1981 shooting death of Philadelphia Police Officer Daniel Faulkner.” That newspaper has also collected some of its extensive earlier coverage of the case at this link. The Associated Press provides a report headlined “Court: Mumia Deserves New Hearing.” And BBC News reports that “US court overturns death sentence; A US federal appeals court has overturned the death sentence imposed on former Black Panthers member Mumia Abu-Jamal.” You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link. Posted at 3:58 PM by Howard BashmanProgramming note: I will again be in court today on a client matter. Additional posts will appear here this evening. Posted at 6:40 AM by Howard Bashman“Court Looks at Legal Role for Mentally Ill”: Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that “High Court Weighs Self-Representation.” Joan Biskupic of USA Today reports that “Court weighs self-representation; Justices signal openness to new limits for mentally ill.” And law.com’s Tony Mauro reports that “Supreme Court Hears Case Involving Mentally Ill Defendants Representing Themselves.” Posted at 6:37 AM by Howard Bashman“U.S. Court upholds 10 Commandments on public land”: Reuters provides a report that begins, “A nearly 50-year-old monument inscribed with the Ten Commandments does not violate the Constitution just because it sits nearly alone on public grounds in a Washington city, a federal appeals court ruled on Wednesday.” According to the article, the ruling involves “a 6-foot-tall (1.8-meter-tall) granite monument near the Old City Hall in Everett, Washington, about 25 miles north of Seattle.” You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. The opinion also contains an appendix consisting of several photographs. Posted at 6:32 AM by Howard Bashman“Appeal Allows Lawsuits by Ground Zero Workers”: This article appears today in The New York Times. And Joseph Goldstein of The New York Sun reports that “Court Clears Way for 9/11 Illness Lawsuit.” You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 6:25 AM by Howard Bashman“A Recent Supreme Court Decision on the Vienna Convention Reaffirms that Justice Stevens, at Eighty-Eight, Remains A Force to Be Reckoned With”: Edward Lazarus has this essay online today at FindLaw. Posted at 6:18 AM by Howard Bashman“Constitutionally Incorrect: Barack Obama is just the latest person to get the history of the Constitution wrong by ignoring the Reconstruction amendments.” Doug Kendall has this essay online at The New Republic. Posted at 6:15 AM by Howard BashmanWednesday, March 26, 2008
“Court Hears Arguments on Americans Held in Iraq”: Linda Greenhouse has this article today in The New York Times. Today in USA Today, Joan Biskupic reports that “Justices mull limits on rights of detainees.” Last Friday, Jess Bravin of The Wall Street Journal previewed the oral argument in an article headlined “U.S. Prisoners Fight Transfer; Military Wants 2 in Iraq To Be Tried by Baghdad; Supreme Court to Rule.” Online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined “Jail of Two Cities: The Supreme Court gives the right to habeas corpus a swirly.” From National Public Radio, yesterday’s broadcast of “Morning Edition” contained an audio segment entitled “High Court Hears Cases of U.S. Citizens Held in Iraq” featuring Nina Totenberg. And yesterday’s broadcast of “Day to Day” contained an audio segment entitled “Court Weighs Rights of Americans Arrested in Iraq” featuring Dahlia Lithwick. RealPlayer is required to launch these audio segments. And at “SCOTUSblog,” Lyle Denniston has a post titled “A simple argument made confusing.” You can access the transcript of yesterday’s U.S. Supreme Court oral argument in Munaf v. Geren, No. 06-1666, at this link. Posted at 11:44 PM by Howard Bashman“Mukasey Goes to Court to Argue a Terrorism Case”: This article appears today in The New York Times. The Washington Post today contains an article headlined “After a Lifetime in Law, a First Day in Court.” David G. Savage of The Los Angeles Times reports that “Supreme Court hears war-on-terrorism cases; Justices sound as if they will rule on the side of the Bush administration in case of the ‘Millennium Bomber’ and a U.S. citizen who was arrested by U.S. forces in Iraq.” Yesterday’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Attorney General Argues First Supreme Court Case” (RealPlayer required). And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Mukasey’s Moment.” You can access the transcript of yesterday’s U.S. Supreme Court oral argument in United States v. Ressam, No. 07-455, at this link. Posted at 11:30 PM by Howard Bashman“Affirmative Action Foes Push Ballot Initiatives; Activists, With Eyes on November, Focus on Five States”: Today’s edition of The Washington Post contains an article that begins, “Sixteen months after voters in Michigan voted to kill affirmative action in the public sphere, opponents of preferences based on race and gender are pushing five more states to ban the practice.” Posted at 11:15 PM by Howard Bashman“Why have Clinton and Obama ducked gun control issue?” David Lightman of McClatchy Newspapers has an article that begins, “When Supreme Court justices debate the legality of the District of Columbia’s ban on handguns in coming weeks, their file will include a legal brief from Vice President Dick Cheney, Arizona Sen. John McCain and 54 other senators asking that the law be overturned. But they won’t find anything from Democratic Sens. Hillary Clinton of New York or Barack Obama of Illinois. They didn’t sign the rival brief from other members of Congress who back the tough handgun restrictions.” Posted at 10:54 PM by Howard Bashman“Firing of library worker causes uproar; Aide’s dismissal after she alerted police to a patron allegedly viewing child porn has roiled the Central Valley town of Lindsay”: This article appears today in The Los Angeles Times. And today’s edition of The Visalia Times-Delta contains articles headlined “Retired judge may mediate library dispute” and “Manuals offer little guidance on illegal computer use.” Posted at 10:48 PM by Howard Bashman“Appeals court will reconsider homeschooling ruling”: Bob Egelko of The San Francisco Chronicle provides a news update that begins, “A state appeals court has agreed to reconsider its decision last month that barred homeschooling by parents who lack teaching credentials, raising the possibility that the judges will change a decision that has infuriated homeschool advocates nationwide. The Second District Court of Appeal in Los Angeles granted a rehearing Tuesday at the request of a couple who have taught their eight children at home without credentials.” Posted at 10:47 PM by Howard Bashman |
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