“In U.S., Expert Witnesses Are Partisan”: Today in The New York Times, Adam Liptak has this article, the latest in his “American Exception” series.

“James takes a step to appeal conviction; But his filing says he’ll represent himself”: Today’s edition of The Newark (N.J.) Star-Ledger contains an article that begins, “Former Newark mayor Sharpe James has filed a notice that he intends to appeal his corruption conviction, but in an unusual twist, his court papers say he’s now representing himself.”

“Gay marriage ruling secures chief justice’s legacy”: The Associated Press provides a report that begins, “California Chief Justice Ronald George has spent more than half his life cultivating an image of a cautious jurist and earning a reputation as a politically skilled court administrator. But his unlikely legacy as gay rights pioneer was sealed May 15, when he heard the roar of a crowd gathered below his office as his majority decision legalizing same-sex marriage was announced.”

As a result, according to the article, “[h]e will likely have to mount an aggressive and expensive campaign to retain his seat in the 2010 election.”

“Federal Judge Wants Fewer Capital Cases”: The New York Sun today contains an article that begins, “A sitting federal judge who is working on a book is calling on the Justice Department to ease off in pursuing the federal death penalty in New York City cases. Speaking at an American Bar Association event yesterday, the judge, Frederic Block of U.S. District Court in Brooklyn, criticized the government for spending millions of dollars in pursuit of death sentences and ignoring what he said were New Yorkers’ views on capital punishment. Washington often seeks death sentences when it has virtually no chance of success, he said, sometimes even over the objections of the local U.S. attorneys tasked with prosecuting the cases.”

As for the book, the article’s final paragraph states, “At yesterday’s panel, Judge Block distributed an excerpt from a book he is writing about the death penalty and other issues in the judicial system.”

“If the Government Plans to Hold Salim Hamdan Indefinitely, Despite His Sixty-Six Month Sentence, What Was the Point of Putting Him on Trial?” Michael C. Dorf has this essay online at FindLaw.

“The Economics of Gay Marriage”: Seventh Circuit Judge Richard A. Posner has this post at “The Becker-Posner Blog.”

Professor Gary S. Becker‘s post in response is titled “Should Gay Marriages be Allowed?”

“Tiffany appeals eBay counterfeiting decision”: The Associated Press provides this report.

“A profile in power: U.S. Judge Amy St. Eve; Rezko judge is a big punch in small package.” This profile of U.S. District Judge Amy J. St. Eve of the Northern District of Illinois appeared yesterday in The St. Louis Post-Dispatch (via WSJ.com’s “Law Blog“).

“In this appeal, we are asked to determine the unusual question whether dogs are ‘livestock.'” The U.S. Court of Appeals for the Ninth Circuit today issued this opinion addressing that question.

The opinion’s opening paragraph concludes, “Despite a gut inclination that the answer might be ‘no,’ resolution of the issue is not so clear, thus precluding summary judgment at this stage of the proceeding. As it turns out, the term ‘livestock’ is ambiguous at best and much broader than the traditional categories of horses, cattle, sheep, and pigs.”

“We are called on to decide whether attorney misconduct towards clients, involving violations of rules of professional conduct binding on the attorney, requires forfeiture of the attorneys’ fees paid to them when, after all righteous furor is vented, the fees were eminently reasonable for the result produced.” So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

On this past Saturday’s broadcast of C-SPAN’s “America and the Courts“: The broadcast featured Justice Anthony M. Kennedy’s remarks at the recent Ninth Circuit Judicial Conference. You can view last Saturday’s broadcast by clicking here (RealPlayer required).

“Juror: Hamdan Didn’t Seem Like Al-Qaida Warrior.” This audio segment (RealPlayer required) appeared on today’s broadcast of NPR’s “Morning Edition.”

And yesterday evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Juror Questions U.S. Pursuit Of Salim Hamdan.”

RealPlayer is required to launch these audio segments.

“Supreme Court grabbed more power in recent term”: Law Professor John Yoo had this op-ed yesterday in The Philadelphia Inquirer.

“Driver’s trial gave courtroom firsts; The first terrorist convicted at trial by military commission was also the first man acquitted of a war crime”: Carol Rosenberg has this article today in The Miami Herald.

And today’s edition of USA Today contains an editorial entitled “Best face of a flawed system: Split verdict in Hamdan case shows trial neither model nor debacle.” In addition, Kenneth Roth has an op-ed entitled “A failed ‘experiment’: Commissions’ unfair rules deliver a shaky verdict rather than justice.”

“Santeria priest won’t let religious freedom be sacrificed; Ernesto Pichardo, co-founder of the first incorporated Santeria church in the nation, files a lawsuit stemming from a police raid during a worship ritual in 2007”: This article appears today in The Los Angeles Times.

“Social Initiatives on State Ballots Could Draw Attention to Presidential Race”: Today’s edition of The New York Times contains an article that begins, “Divisive social issues will be on the ballot in several states in November, including constitutional amendments banning same-sex marriage in Arizona, California and Florida, and limitations on abortion in California, Colorado and South Dakota.”

In commentary available online from FindLaw: Marci Hamilton has an essay entitled “In Colorado Christian University v. Weaver, the U.S. Court of Appeals for the Tenth Circuit Adopts the Incorrect Theory that Religious Individuals Are Entitled to Exemptions from Generally Applicable Laws.”

And John W. Dean has an essay entitled “Judge Bates Slams the Bush White House’s Claims of Congressional Immunity: Why There May Be No Consequences for the White House, Despite the Clear Ruling.”

“Expert Panel Debates What Presidential Candidates Should be Saying About Judicial Selection”: You can view video of the program, from the American Bar Association’s 131st annual meeting in New York City, by clicking here.

“Hamdan Jury Felt Evidence Didn’t Back U.S. Claim; Sentence Wasn’t Verdict on Tribunals, Juror Explains”: Jess Bravin has this article today in The Wall Street Journal.

“War Crimes System Is Still on Trial”: This news analysis appears today in The New York Times. The newspaper also contains an editorial entitled “The United States v. the Driver.”

Today in The Miami Herald, Carol Rosenberg has an article headlined “Driver’s sentence perplexed press room.”

And The Washington Post contains an editorial entitled “Trial by Tribunal: Osama bin Laden’s driver should be freed.”

“Reduce partisan fight over judges, lawyers urge”: Mark Sherman of The Associated Press has this report.

The ABA Journal’s blog covers the ABA Annual Meeting: You can access posts titled “Scalia: Legal Writing Doesn’t Exist” and “Ken Starr, Drew Days Discuss Revealing Supreme Court Term.”

“Former Nichols judge critical of DA”: The Atlanta Journal-Constitution today contains an article that begins, “The former judge in the Brian Nichols’ murder trial, Hilton Fuller, said Saturday that prosecutors share the blame with defense attorneys for all the delays and millions of dollars spent in the case.”

And Mark Sherman of The Associated Press has an article headlined “Judge: Prosecutors drove costs of Ga. capital case.”

“Homeschooling OK, appeals court says”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A state appeals court lifted the cloud it had cast on the homeschooling of 166,000 California children and ruled Friday that parents have a right to educate their children at home even if they lack a teaching credential.”

And The Los Angeles Times reports today that “Parents may home-school children without teaching credential, California court says; Gov. Schwarzenegger praises the reversal by the 2nd District Court of Appeal as a victory for students and parental rights.”

You can access Friday’s ruling of the California Court of Appeal for the Second Appellate District at this link.

“Detainee May Not Go Free After Sentence; U.S. Still Might Hold Hamdan as ‘Combatant'”: Sunday’s edition of The Washington Post will contain this front page article.

“Birth Control Fears Addressed; HHS Chief Says Draft Rule Is Not Redefining Abortion”: This article appears today in The Washington Post.

“Prosecutors Clear Hatfill in Anthrax Case”: The Washington Post contains this article today.

“With Fewer Terror Trials, Manhattan Court Quiets Down”: This article appears today in The New York Times.

“The Supreme Court Can’t Ignore the Facts: Their decision on child rape must be reconsidered.” Stuart A. Smith has this op-ed today in The Wall Street Journal.

“What the President Should Look for in a Judicial Nominee”: This blog post appears online at the ABA Journal’s web site.

You can view photos taken at the American Bar Association’s 131st annual meeting, in New York City, via this link.

Posner versus Easterbrook on litigation challenging the size of mutual fund advisory fees: On May 19, 2008, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this opinion, written by Chief Judge Frank H. Easterbrook.

Today, the Seventh Circuit issued this order denying rehearing en banc in the case, accompanied by a dissent from the denial of rehearing en banc written by Circuit Judge Richard A. Posner, in which a total of five judges joined. Six votes were necessary to grant rehearing en banc.

“Ninth Court sides with Snowbowl in San Francisco Peaks dispute”: Howard Fischer of The Arizona Daily Star has a news update that begins, “The operators of Snowbowl are entitled to use recycled sewage to make snow on the San Francisco Peaks despite objections of several Native American tribes, the 9th U.S. Circuit Court of Appeals ruled Friday. In a split decision, the court acknowledged arguments by the tribes that the use of artificial snow will decrease the ‘spiritual fulfillment’ they get from practicing their religion on the mountain. And the land on which the ski resort is located is owned by the federal government. But Judge Carlos Bea, writing for the majority, said that does not run afoul of the federal Religious Freedom Restoration Act.”

The Arizona Republic has a news update headlined “Snowmaking OK’d at Snowbowl resort.”

And The Associated Press reports that “Appeals court says snowmaking OK on Ariz. Snowbowl.”

You can access today’s lengthy en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Eight judges joined in the majority opinion, while three joined in a dissent.

Circuit Judge William A. Fletcher‘s dissenting opinion concludes, “RFRA was passed to protect the exercise of all religions, including the religions of American Indians. If Indians’ landbased exercise of religion is not protected by RFRA in this case, I cannot imagine a case in which it will be. I am truly sorry that the majority has effectively read American Indians out of RFRA.”

Protecting the right of disabled NASCAR race attendees to see the most exciting parts of those races from their wheelchairs: The U.S. Court of Appeals for the Ninth Circuit issued this ruling today in a case involving an issue that’s already the subject of a circuit split.

“For ‘Maverick’ Federal Judges, Life Tenure Is Largely Unfettered License”: Nathan Koppel has this article today in The Wall Street Journal. Non-subscribers to WSJ.com can access the full text of the article via Google News. In addition, the full text of the article also appears online at this link in PDF format.

“Reneging on a right: By banning same-sex marriages, Prop. 8 would create second-class citizens.” This editorial appears today in The Los Angeles Times.