“Georgia plea for water goes to Supreme Court; State seeks to reverse an appeals court decision in February that nullified the Army Corps’ OK of increased withdrawals from Lake Lanier”: The Associated Press provides a report that begins, “Georgia asked the U.S. Supreme Court on Wednesday to overturn a February ruling that said the state needs congressional approval to use more water from Lake Lanier to supply the fast-growing Atlanta area. Lanier, which provides most of Atlanta’s water, is at the heart of a nearly two-decade water feud between Georgia, Florida and Alabama.”
“Jury deciding battle over school system’s flag ban; Anderson teen sued after attire led to suspension”: Today’s issue of The Knoxville News Sentinel contains an article that begins, “‘This case is about much more than Tom Defoe.’ That statement by Defoe’s attorney Wednesday was the one thing on which he and his courtroom opponent agree in the legal battle over the Anderson County school system’s quarter-century-old ban on the display of the Confederate flag. It was 18-year-old Defoe who was suspended from Anderson County High School in 2006 after repeatedly refusing, albeit politely, to take off or cover a T-shirt and belt buckle bearing the Rebel battle flag.”
And The Associated Press reports that “Tenn. teen battles school’s Confederate flag ban.”
“Court urged to ignore Manchin brief in DuPont smelter appeal”: This article appears today in The Charleston (W. Va.) Gazette.
The Associated Press reports that “Manchin, DuPont met over appeal of $196M verdict.”
And today’s edition of The Charleston (W. Va.) Daily Mail contains an editorial entitled “A governor should protect rights.”
“Ex-inmate helps make Bush nominee ‘controversial'”: The Associated Press provides a report that begins, “Had this been like most nominations for federal judgeships, the chief lawyer with Corrections Corporation of America might have been packing up his office and heading for the courthouse by now. But a determined opponent – a former prisoner at a Corrections Corporation of America facility in Clifton, Tenn. – has worked tirelessly to see that would not happen. And he may have succeeded.”
“Battle over gun rights — Round 2: Handgun bans under fire after high court’s ruling; Oak Park, Ill., fights back.” Warren Richey has this front page article today in The Christian Science Monitor.
“Adviser to Guantanamo trials faces more criticism”: The Associated Press provides this report.
“Advisor Says Obama Would Consider Changes To Judicial Nominations Process”: Lawrence Hurley of The Daily Journal of California has this post today at his “Washington Briefs” blog.
“In Defense of Looseness: The Supreme Court and gun control.” Seventh Circuit Judge Richard A. Posner has this essay in the August 27, 2008 issue of The New Republic.
“Fincher asserts that the district court erred by not allowing the jury to determine whether his possession of firearms was reasonably related to a well regulated militia and therefore protected by the Second Amendment.” The U.S. Court of Appeals for the Eighth Circuit today issued this opinion, in an appeal in which the defendant argued that the Second Amendment allowed him to possess, without a license, both a machine gun and a sawed-off shotgun.
“We consider here the ability of a copyright holder to dedicate certain work to free public use and yet enforce an ‘open source’ copyright license to control the future distribution and modification of that work.” So begins an opinion that the U.S. Court of Appeals for the Federal Circuit issued today.
“Plaintiffs’ Lawyers Fight Restrictions On Product-Liability Suits”: This article appears today in The Wall Street Journal.
“Appeals court reverses Steinbeck copyrights ruling”: The Associated Press provides a report that begins, “A federal appeals court has reversed a ruling that awarded John Steinbeck’s son and granddaughter publishing rights to 10 of the author’s early works, including ‘The Grapes of Wrath.'”
You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Mukasey won’t pursue charges in Justice Department hiring scandal; The abuses that took place under Alberto R. Gonzales violated civil service rules but were not crimes, the attorney general says”: This article appears today in The Los Angeles Times.
Today in The New York Sun, Joseph Goldstein reports that “Mukasey Will Encourage Rejected Job Seekers To Reapply.”
And The New York Times contains an editorial entitled “Mr. Mukasey in Denial.”
“Plame loses appeal of suit against Cheney over leak”: The Washington Times contains this article today.
And Bloomberg News reports that “Cheney, Rove, Libby Win Plame Suit Dismissal Appeal.”
My earlier coverage of yesterday’s D.C. Circuit ruling appears at this link.
“Search and Replace: Congress needs to set the rules for how border agents can delve into travelers’ laptops.” This editorial appears today in The Washington Post.
“‘Rogues’ and Humpty Dumpty Judges”: Thomas R. Eddlem, the so-called “rogue juror” featured in this Boston Globe article from Sunday, has this essay at LewRockwell.com.
And at Eddlem’s “Dangerous Talk Blog,” you can access additional posts on the subject here and here.
My earlier coverage appears at this link.
“Files Show Governor Intervened With Court”: The New York Times today contains an article that begins, “When Gov. Joe Manchin III of West Virginia filed a friend-of-the-court brief in June arguing that the State Supreme Court should review a $382 million judgment against the DuPont Company, he said he was not taking sides, but acting in the interest of due process. Documents from the governor’s office, however, show that Mr. Manchin had consulted with the company before filing the brief, and DuPont officials say the governor even asked them to provide him with a draft brief.”
“War court resumes, readies Canadian’s trial”: Carol Rosenberg of The Miami Herald has this report.
“Halverson ousted; Miley top vote-getter; Incumbents Walsh, Mosley advance”: The Las Vegas Review-Journal today contains an article that begins, “While the Judicial Discipline Commission weighs the fate of embattled District Judge Elizabeth Halverson, voters delivered their own verdict Tuesday, deciding Halverson must go. Halverson, who faces complaints of falling asleep on the bench and harassing her staff, received less than 10 percent of the vote, trailing opponents Stefany Miley and Jason Landess, who will move to the general election in November.”
“Devices for Lawyers: Democrats versus Justices Breyer, Souter and Stevens.” Today’s edition of The Wall Street Journal contains an editorial that begins, “The tort bar’s political work is never done, especially in Congress. Consider the Medical Safety Device Act, introduced this summer in both the House and Senate to overturn the Supreme Court’s sensible 8-1 ruling earlier this year in Riegel v. Medtronic.”
“Women Battling Infertility Find a Friend in the Court”: Today in The Wall Street Journal, columnist Sue Shellenbarger has an essay that begins, “For women struggling with infertility, the unpredictable and time-consuming treatment process can wreak havoc with work schedules, causing conflicts with bosses and triggering reprisals or layoffs. Now, a federal appeals court has come down on the side of women, fortifying legal protections on the job.”
“What Goes Around Comes Around for State Supreme Court Candidate”: law.com provides a report that begins, “A Florida Supreme Court candidate will spend this afternoon being interviewed by the same state panel he attempted to circumvent while serving as a top aide to Gov. Jeb Bush.”
“Should State Attorneys General Use Private Law Firms to Pursue Civil Suits? An Appeal to the California Supreme Court Raises This Hot-Button Issue.” Anthony J. Sebok has this essay online at FindLaw.
“Judge says UC can deny class credit to Christian school students”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A federal judge says the University of California can deny course credit to applicants from Christian high schools whose textbooks declare the Bible infallible and reject evolution.”
The University of California issued this press release in response to the ruling.
You can access last Friday’s ruling of the U.S. District Court for the Central District of California at this link.
“Justice at Gitmo: Releasing Salim Ahmed Hamdan, the former driver for Osama bin Laden, after he has served his time is the right thing; It’s also smart policy.” This editorial appears today in The Los Angeles Times.
“‘Unabomber’ Objects to Cabin’s Use in Newseum Display”: The Washington Post provides this news update.
The Associated Press reports that “Unabomber objects to cabin display at Newseum.”
“The Smoking Gun” web site offers an item headlined “Kaczynski Angered By Predatory Home Loan; Unabomber raps feds for allowing cabin’s display at D.C. museum.”
And the Newseum today issued a press release headlined “Unabomber Ted Kaczynski Protests Newseum Exhibit.” You can take an online tour of the Unabomber’s cabin via this link.
“Juror’s challenge raises legal issue”: This article appeared Sunday in The Boston Globe.
According to the article, “To a casual observer, the question in the Boston courtroom might merely have been the musing of a juror with some knowledge of American history. But US District Court Judge William G. Young said the note and others that followed represented something he had never seen in 30 years as a judge: a rogue juror challenging the legitimacy of a criminal law used to prosecute a defendant. Young was so alarmed by the actions of Thomas R. Eddlem, a 42-year-old technology coordinator at a Catholic high school and former John Birch Society official, that he recently wrote a 43-page memorandum plumbing the history of ‘jury nullification’ and how it threatens democracy.”
You can access the opinion of U.S. District Judge William G. Young of the District of Massachusetts at this link.
“To rule and rescue”: This past Saturday’s edition of The Santa Fe New Mexican contained an article that begins, “Two of federal appellate Judge Paul J. Kelly’s favorite things to do are play golf and dash in and out of burning buildings.”
In July 2004, Tenth Circuit Judge Paul J. Kelly participated in this blog’s “20 questions for the appellate judge” feature. You can read his interview at this link.
“Attorney general sees systemic partisanship in Justice hiring”: Marisa Taylor of McClatchy Newspapers has this report.
The New York Times provides a news update headlined “Mukasey Won’t Pursue Charges in Hiring Inquiry.”
The Washington Post provides a news update headlined “Illegally Rejected Justice Dept. Applicants May Get Another Look.”
The Associated Press provides a report headlined “Mukasey: No prosecutions in Justice hiring scandal.”
Reuters reports that “Mukasey rules out prosecutions from hiring scandal.”
And Bloomberg News reports that “Aides in U.S. Hiring Scandal Won’t Be Prosecuted, Mukasey Says.”
You can view the video of the Attorney General’s remarks today at the American Bar Association’s 131st annual meeting in New York City by clicking here.
“South Dakota Vote Draws Attention”: The Wall Street Journal today contains an article that begins, “Two years after a strict abortion ban here was overturned by voters, backers have brought a similar measure — but one laced with complexities that could bode well for its passage, and ultimately could bring about the challenge to Roe v. Wade desired by abortion foes nationwide.”
“No decision on Exxon Valdez interest payments”: The Associated Press provides a report that begins, “The Supreme Court has declined to decide whether Exxon Mobil Corp. must pay interest to victims of the nation’s worst oil spill that would roughly double the $507 million judgment the high court approved in June. In a brief order Tuesday, the court said the 9th U.S. Circuit Court of Appeals, based in San Francisco, should decide the matter of interest arising from the 1989 Exxon Valdez disaster.”
Greg Stohr of Bloomberg News reports that “Exxon Valdez Interest Issue Left Unresolved by Court.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Court declines to rule on Exxon interest.”
You can access the judgment that the U.S. Supreme Court issued today at this link.
“This appeal presents questions of first impression for our Court: (1) Under what circumstances may a plaintiff file a complaint using a pseudonym? and (2) What standard governs our review of a district court’s decision to permit or deny a request to file under a pseudonym?” A three-judge panel of the U.S. Court of Appeals for the Second Circuit today issued this decision addressing those questions in a case captioned Sealed Plaintiff v. Sealed Defendant #1.
“US court won’t resurrect lawsuit in CIA leak case”: The Associated Press provides a report that begins, “A federal appeals court has refused to resurrect a lawsuit that former CIA operative Valerie Plame brought against members of the Bush administration.”
You can access today’s ruling, by a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, at this link.
“F.B.I.’s Use of Phone Records Shows Need to Protect the Press, Senators Say”: The New York Times contains this article today.
“In Guantanamo, Locals Adapt to Life With an Unwelcome Neighbor”: This article appears today in The New York Times.
