“Study Finds Major Shift in Abortion Demographics”: This article appears today in The Washington Post.
And The Los Angeles Times reports today that “Abortion rate is down, but report cites racial disparity; The decline has been far more dramatic for whites than for blacks and Latinas.”
“Okla. judge who used sex device in court disbarred”: The Associated Press provides a report that begins, “The Oklahoma Supreme Court on Tuesday disbarred a former judge who served prison time for using a sexual device while presiding over trials.”
And The Oklahoman provides a news update headlined “Former judge Donald Thompson disbarred.”
You can access today’s ruling of the Supreme Court of Oklahoma at this link.
“Broadened Customs Powers Could Fuel Congressional Bill”: Josh Gerstein of The New York Sun has a news update that begins, “Without public debate, the federal government recently revoked a two-decade-old policy that limited the ability of customs agents to read and copy documents travelers bring into and out of America, according to newly released memoranda from the Department of Homeland Security.”
“Wine Lovers See Red Over State Laws That Restrict Home Delivery of Bottles”: This article will appear Wednesday in The Wall Street Journal. The article explains that these laws persist despite “a landmark 2005 Supreme Court ruling that struck down as discriminatory state laws that permit in-state wineries to ship to local consumers while denying the same right to out-of-state wineries.”
“The Upcoming Supreme Court Case of Wyeth v. Levine and the Preemption Temptation”: Anthony J. Sebok and Benjamin C. Zipursky have this essay — the first in a two-part series — online at FindLaw.
“Prosecutor in Nichols’ rape case takes stand; Abramson Csehy recounts her fear from defendants’ courthouse rampage”: The Atlanta Journal-Constitution provides this news update.
That newspaper’s print edition today contains an article headlined “Taped shooting played for Nichols jury; Two shots, screams heard; Prosecution, defense make opening statements; replaced juror required to show up.”
Today’s issue of the Fulton County Daily Report contains an article headlined “Courthouse Shooting Case Opens With Audiotape of Gunshots; Jurors hear slain court reporter’s taping of fatal attack; lead defense attorney focuses on accused shooter’s state of mind.”
The New York Times reports that “Trial Opens in Courthouse Killings.”
And The Los Angeles Times reports that “Atlanta courthouse rampage trial begins; Prosecutors are seeking the death penalty for Brian Nichols, an escapee who killed 4 before taking a woman hostage in her home; The 2005 case has been plagued with delays and high costs.”
“Amendment 48 Is Anti-Life: Why It Matters That a Fertilized Egg Is Not a Person.” The Coalition for Secular Government has posted online this essay by Ari Armstrong and Diana Hsieh.
“Two Decades in Solitary”: Today’s edition of The New York Times contains an article that begins, “He is one of New York’s most isolated prisoners, spending 23 hours a day for the past two decades in a 9-by-6-foot cell.”
“For gay father, adoption ruling is ‘a defining moment’; After seven years, a Key West foster dad fulfilled a 12-year-old boy’s greatest dream: to have a real father; In doing so, he may help smash a controversial Florida law.” The Miami Herald provides this news update.
The newspaper has posted the ruling, which issued late last month, at this link.
“Appeals court rejects adoption by lesbian couple; Ky. ruling chides judge in ‘stepparent-like’ case”: This article appeared one week ago today in The Louisville Courier-Journal.
The very next day, that newspaper contained an editorial entitled “Homophobia’s victims.”
You can access the recent ruling of the Kentucky Court of Appeals at this link.
“Bin Laden’s driver still a test case of sorts; Even as the Pentagon resumes pre-trial hearings in the 9/11 case, the military is still dogged by what to do with its lone war court convict”: Carol Rosenberg has this article today in The Miami Herald.
In addition, she has a news update headlined “KSM questions Marine judge at Guantanamo war court; At Guantanamo’s war court, an alleged arch-terrorist questioned his Marine Corps judge and learned he is a Christian, not a Jew.”
In other coverage, The Los Angeles Times reports today that “Guantanamo judge enlists help of Sept. 11 suspects; Khalid Shaikh Mohammed and three codefendants write letters that reportedly persuade Ramzi Binalshibh to leave his cell and appear in court so the terrorism trial of the five men can proceed.”
And The Washington Post reports that “Judge Lets 9/11 Defendants Urge Detainee to Appear.”
The Associated Press is reporting: Now available online are articles headlined “Feds ask rehearing of reputed Klansman’s acquittal“; “Mass. court reinstates lawsuit against Wal-Mart” (access today’s ruling of the Supreme Judicial Court of Massachusetts at this link); and “Federal court hears appeal on W.Va. valley fills.”
“The question posed by this appeal is whether, under a statute forbidding the carrying and use of guns in connection with a federal crime, the nature of the weapon is to be found by the judge as a sentencing matter or by the jury as an element of the crime.” So begins a decision that the U.S. Court of Appeals for the First Circuit issued today.
The very next sentence of the opinion explains, “Most circuits have said the former; believing ourselves largely constrained by a Supreme Court decision interpreting a prior version of the statute, we reach the opposite result, albeit with some misgivings.”
“Appeals court enters debate over who owns Snowball the deer”: The Oregonian provides this news update.
Ninth Circuit rejects the State of Alaska’s challenge to a moose-related decision of the Federal Subsistence Board: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
You can learn more about the Federal Subsistence Board and the Federal Subsistence Management Program by clicking on those links.
“Interview with Bloomberg News Supreme Court Reporter Greg Stohr”: If you missed this past Saturday’s broadcast of C-SPAN’s “America and the Courts” program, you can view it online, on-demand by clicking here (RealPlayer required). According to C-SPAN’s online summary, “C-SPAN sits down with Bloomberg News Supreme Court Reporter Greg Stohr to discuss the impact the next president could have on the Supreme Court. He also examines the candidates’ judicial philosophies, their views on the Supreme Court & the federal judiciary and their views on issues such as abortion, same-sex marriage and executive power.”
Looking for a law review article that really speaks to you? “FlaLaw Online” yesterday posted a report headlined “Florida Law Review Breaks Ground With Multimedia Article.” The report begins, “For the first time in history, the Florida Law Review has published a multimedia article. The article, Constitutional Advocacy Explains Constitutional Outcomes, was written by Stephen. A. Higginson, an associate professor at Loyola University New Orleans. Higginson included 178 links to audio recordings of oral arguments in front of the Supreme Court.”
You can access the law review article in question, along with related audio, via this link.
“En Banc Federal Circuit Revives Design Patent Law”: Dennis Crouch has this post at “Patently-O” reporting on yesterday’s unanimous, en banc ruling of the U.S. Court of Appeals for the Federal Circuit in Egyptian Goddess, Inc. v. Swisa, Inc.
The Associated Press is reporting: Now available online are articles headlined “Gitmo judge enlists help from 9/11 mastermind“; “Pa.’s record on juvenile lifers put under scrutiny“; and “Ex-Pa. lawmaker takes sex-offender fight to court.”
Song that I heard on the radio yesterday and can’t get out of my head today: “Hurt,” performed by Johnny Cash. And don’t overlook the original, performed by Trent Reznor of Nine Inch Nails. (Lest we be accused of having too narrow of an editorial focus.)
Update: Reznor discussed Cash’s version of the song in this interview posted online at Rollingstone.com.
“Judge won’t drop LA obscenity case after mistrial”: The Associated Press provides a report that begins, “A federal judge has refused to dismiss obscenity charges against an adult film producer after a scandal with the trial judge this summer forced a mistrial. As opening statements were under way at Ira Isaacs’ trial in June, the Los Angeles Times reported that Judge Alex Kozinski had posted sexually explicit materials on his personal Web site. He recused himself and declared a mistrial. U.S. District Court Judge George King ruled Friday that Kozinski properly recused himself and double jeopardy is not an issue if Isaacs is tried a second time. Isaacs’ lawyer, Roger Jon Diamond, said he will appeal King’s ruling.”
I have posted at this link a copy of last Friday’s ruling of the U.S. District Court for the Central District of California denying a mistrial. One might presume that if the defendant takes an immediate appeal to the Ninth Circuit, as he is allowed to do, that the case would be heard by appellate judges from outside of the Ninth Circuit sitting by designation.
“Vote ‘no’ on Amendment 48”: The Denver Post today contains an editorial that begins, “Colorado voters should reject a proposed amendment to the state constitution that would define a fertilized human egg as a human being. Such a change would usher in a host of legal problems, contradict U.S. Supreme Court decisions on the meaning of the 14th Amendment to the U.S. Constitution, and undoubtedly be rejected by the courts.”
“Law firm follows founder’s path; William Lamb pursued his vision in Chester County, success on own scale”: This article appeared yesterday in The Philadelphia Inquirer.
“Nichols trial loses juror on Day 1; Opening statements come 3 1/2 years after courthouse shootings”: The Atlanta Journal-Constitution provides this news update.
And The Associated Press reports that “Ga. courthouse shooting trial opens, security high.”
“Court: US govt can’t block detainee photos release.” The Associated Press provides a report that begins, “An appeals court says the federal government must release 20 photographs of U.S. soldiers and detainees in Iraq and Afghanistan that were demanded by a civil rights group seeking to expose abuse. The federal appeals court in New York on Monday rejected the government’s claim that releasing the photos would endanger the lives or physical safety of U.S. troops and civilians in Iraq and Afghanistan.”
You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“History on the side of accused judge; Only 7 have been removed from office”: Richard Rainey had this article yesterday in The Times-Picayune of New Orleans.
Also in yesterday’s newspaper, Drew Broach had an essay entitled “A rank odor in the judge’s chambers.”
“Nichols case has system in bind; Twists, turns and lawsuits cause expenses to mount and give fuel to political fights over funding for indigent defendants”: Today’s edition of The Atlanta Journal-Constitution contains an article that begins, “The destruction caused by the Brian Nichols case has gone beyond the four people he killed and beyond the five he carjacked. It’s also gone beyond the people he assaulted in the hours between his unprecedented escape from the Fulton County Courthouse on a windy Friday morning and his surrender 26 hours later at a Duluth apartment complex. Those 26 hours three-and-a-half years ago may have been the death-knell of Georgia’s then-newly created system to eliminate inequities in a hodgepodge of indigent defense systems.”
“Dodd, Democrats Question Lack of Court Access in Rescue Plan”: Greg Stohr of Bloomberg News provides this report.
“State suit puts Abbott system in the balance”: The Newark (N.J.) Star-Ledger today contains an article that begins, “The names atop New Jersey Supreme Court Docket No. 42170 have become synonymous with the controversial debate over the funding of public education that has raged in New Jersey for 30 years.”
“Fair trial at issue in Nacchio appeal; 9-judge panel to hear arguments over key witness”: Saturday’s issue of The Rocky Mountain News contained this article.
And The Wall Street Journal reports today that “Nacchio Conviction Gets Second Review” (access full text via Google News).
“Ginsburg Speaks on Women in Law; Justice fields questions on fifty-fifth anniversary of female enrollment at HLS”: This article appears today in The Harvard Crimson. You can learn more about the event by clicking here.
“Victorious Senate Democrats Could Target Eminent Domain”: Today’s edition of The New York Sun contains an article that begins, “A Democratic takeover of the Senate in November could result in changes to the state’s eminent domain law, possibly complicating several of the city’s largest development projects.”
“Senate Hearing on Judge Nominees Collapses in Disarray Over DOJ ‘Torture’ Memos”: Pamela A. MacLean of The National Law Journal provides this report.
“Rich Bitch: Should pets be allowed to inherit millions?” Jeffrey Toobin has this “Annals of Law” essay in the September 29, 2008 issue of The New Yorker.
“The Modesty Contest: Where Obama and McCain stand on executive power.” Emily Bazelon has this jurisprudence essay online at Slate.