“For a Power Lawyer, a New High-Wire Act”: The New York Times today contains a profile that begins, “During 40 years in politics, Gregory B. Craig has learned the art of the balancing act.”
Posted at 10:44 AM by Howard Bashman|
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Saturday, January 17, 2009
“For a Power Lawyer, a New High-Wire Act”: The New York Times today contains a profile that begins, “During 40 years in politics, Gregory B. Craig has learned the art of the balancing act.” Posted at 10:44 AM by Howard Bashman“A Texas challenge to the Voting Rights Act: The United States has made progress in fighting discrimination at the polls, but we still need the protections of the Voting Rights Act.” This editorial appears today in The Los Angeles Times. Posted at 10:42 AM by Howard Bashman“Contempt Charges Will Stand In Terrorism-Related Case”: The Washington Post today contains an article that begins, “A federal judge in Alexandria ruled yesterday that she would not throw out contempt-of-court charges against former professor Sami al-Arian, who has refused to cooperate with a terrorism investigation, and set his case for trial on March 9.” Posted at 10:40 AM by Howard Bashman“Justices to Hear 2 Cases Brought Against Schools”: Adam Liptak has this article today in The New York Times, along with an article headlined “High Court to Rule on State Inquiries on Banks.” Today in The Washington Post, Robert Barnes reports that “High Court to Hear Case on Banks, Lending Practices; Justices Also Accept Two Cases On Education.” In The Los Angeles Times, David G. Savage reports that “Supreme Court to hear school strip-search case; The justices will also determine whether a child with a disability must try public education before being reimbursed with taxpayer funds for private school tuition.” In The Arizona Daily Star, Howard Fischer reports that “Strip-search ruling due; US high court takes on case of Safford girl, 13.” James Vicini of Reuters has articles headlined “Supreme court to decide case on school strip search” and “US court to hear NY appeal on bank lending probe.” And Greg Stohr of Bloomberg News reports that “Bank Probes by States Draw U.S. Supreme Court Review.” Posted at 10:33 AM by Howard Bashman“Under Obama, feds may still snoop library files”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “President-elect Barack Obama’s nominee for attorney general has endorsed an extension of the law that allows federal agents to demand Americans’ library and bookstore records as part of terrorism probes, dismaying a national group of independent booksellers.” Posted at 10:20 AM by Howard BashmanFriday, January 16, 2009
“Kneedler Named Acting SG As Garre Leaves to Teach at George Washington Law”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.” Posted at 6:05 PM by Howard Bashman“Supreme Court to Review Special Education, Strip Search Cases”: Mark Walsh has this post at Education Week’s “The School Law Blog.” Posted at 4:37 PM by Howard Bashman“Court to rule on state power over bank bias, 5 other cases”: Lyle Denniston has this post at “SCOTUSblog.” You can access today’s Order List at this link. And The Associated Press reports that “Court will review school strip search for drugs“; “High court takes special ed case“; and “Court to review power to probe national banks.” Posted at 2:12 PM by Howard BashmanAvailable online from National Public Radio: Today’s broadcast of “Morning Edition” contained audio segments entitled “Hearings Continue For Obama’s AG Pick” (featuring Nina Totenberg) and “Obama Faces Calls To Tighten Interrogation Rules.” And yesterday evening’s broadcast of “All Things Considered” contained an audio segment entitled “Expert Urges U.S. Trials For Guantanamo Suspects.” RealPlayer is required to launch these audio segments. Posted at 11:35 AM by Howard Bashman“Jackson Named Acting Law School Dean; Jackson will replace Kagan upon her confirmation as U.S. Solicitor General”: This article appears today in The Harvard Crimson. Posted at 11:05 AM by Howard Bashman“Pay-to-play law garners court’s seal of approval”: The Newark (N.J.) Star-Ledger today contains an article that begins, “The state Supreme Court yesterday gave its approval to New Jersey’s tough pay-to-play law, which is designed to prevent companies that make political contributions from getting favored treatment in state contracts.” And The Associated Press reports that “Law banning pay-to-play survives its first challenge; The state Supreme Court unanimously upheld a limit on awarding contracts to contributors.” You can access yesterday’s ruling of the Supreme Court of New Jersey at this link. Posted at 9:05 AM by Howard Bashman“Bush sees dangers closing Gitmo”: This article appears today in The Washington Times. Posted at 8:57 AM by Howard Bashman“O’Connor adds a light touch to economic event”: Today’s edition of The Arizona Republic contains an article that begins, “The first woman to serve on the U.S. Supreme Court took to the stage at an economic event in Scottsdale on Thursday and proclaimed, ‘We’re back to Keynesian economics.'” Posted at 8:55 AM by Howard Bashman“Court calls warrantless wiretapping legal; The ruling upholds the power of the government to tap international phone calls and intercept e-mails, even when Americans’ private communications may be involved”: David G. Savage has this article today in The Los Angeles Times. The Washington Post reports today that “Intelligence Court Releases Ruling in Favor of Warrantless Wiretapping.” The New York Times reports that “Court Affirms Wiretapping Without Warrants.” And The Wall Street Journal contains an editorial entitled “The Wiretap Vindication: FISA sets the record straight.” Posted at 8:54 AM by Howard Bashman“Departing CIA chief Hayden defends interrogations; ‘These techniques worked,’ says outgoing Director Michael Hayden; He lists Iran’s nuclear ambitions and Mexico’s drug violence as top challenges to be faced by his designated successor, Leon Panetta”: The Los Angeles Times contains this article today. The Washington Post reports today that “Inquiry Into Interrogations Unlikely; Hayden: Obama Does Not Wish to Investigate Waterboarding.” And The Pittsburgh Post-Gazette reports that “CIA director defends interrogations.” Posted at 8:45 AM by Howard Bashman“Holder calls waterboarding torture; Obama’s nominee for attorney general tells senators in his confirmation hearing that he plans major changes in the Justice Department to fix problems he says were created by the Bush administration”: This article appears today in The Los Angeles Times. In addition, Joseph F. Connor has an op-ed entitled “Terrorists killed my dad: Atty. Gen.-nominee Eric Holder helped pardon terrorists linked to my father’s murder in 1975.” The Wall Street Journal today contains an article headlined “Technique Called ‘Torture’ by Holder.” Bob Egelko of The San Francisco Chronicle reports that “Attorney general-designate backs shield law.” The Associated Press reports that “Obama’s AG pick on track for confirmation.” And Bloomberg News reports that “Holder Urges Fairness for Terror Suspects as Nomination Gains.” Posted at 8:40 AM by Howard Bashman“Bonds’ lawyers seek to restrict evidence”: Today in The San Francisco Chronicle, Lance Williams has an article that begins, “Prosecutors cannot conclusively link Barry Bonds to positive steroid tests seized in a raid on the BALCO laboratory, lawyers for the former Giants slugger say.” And The New York Times reports today that “Bonds’s Lawyers File Motion Seeking Exclusion of Evidence.” Posted at 8:24 AM by Howard Bashman“O’Malley vows to work to end death penalty; He raises idea of putting issue before voters”: This article appears today in The Baltimore Sun. And The Washington Post today contains a front page article headlined “O’Malley Begins Quest To Repeal Death Penalty.” Posted at 8:20 AM by Howard Bashman“Connecticut, Other States Sue To Block ‘Conscience Rule'”: Today’s edition of The Hartford Courant contains an article that begins, “Connecticut and six other states filed a lawsuit Thursday to block an impending federal rule that critics say will allow health care providers to deny care, including emergency contraception to rape victims, with no recourse for patients.” And The Washington Post reports today that “Lawsuits Filed Over Rule That Lets Health Workers Deny Care; Regulation to Protect ‘Conscience Rights’ Called Too Broad.” Posted at 8:11 AM by Howard Bashman“The Fourth Amendment Diluted”: The New York Times today contains an editorial that begins, “With a lamentable 5-to-4 ruling on Wednesday, the Supreme Court carved a new exception to the nearly century-old exclusionary rule, which forbids prosecutors from using evidence obtained by the police as the result of an improper search.” Posted at 8:03 AM by Howard Bashman“Some Ask if Bailout Is Unconstitutional”: This article appears today in The New York Times. Posted at 8:00 AM by Howard Bashman“Private hearings of civil cases likely to be allowed in Rhode Island”: The Providence Journal today contains an article that begins, “The justices of the Rhode Island Supreme Court appear ready to implement rules to effectuate a law that would allow people to hire retired judges to preside over private trials in civil cases.” Posted at 7:58 AM by Howard Bashman“What Does It Mean, in 2009, to Be a Political or Judicial Conservative? In the Midst of a National Paradigm Shift, Defining the Term Is Increasingly Challenging.” Marci Hamilton has this essay online at FindLaw. Posted at 7:44 AM by Howard BashmanThursday, January 15, 2009
“Waterboarding Is Torture, Holder Tells Senators; Justice Dept. Nominee Rejects Bush-Era Policies but Stresses Bipartisanship”: This article will appear Friday in The Washington Post. Friday’s edition of The New York Times will report that “Nominee Wants Some Detainees Tried in the U.S.” The Los Angeles Times provides a news update headlined “Holder calls waterboarding torture, vows Justice reforms; Obama’s nominee for attorney general tells confirmation hearing he will counter political interference; Holder says he is trying to figure out what to do with Guantanamo detainees.” McClatchy Newspapers report that “Obama’s attorney general pick calls waterboarding torture.” The Christian Science Monitor reports that “Holder denounces waterboarding, other forms of ‘torture’; Says an assessment of past political interference with the Justice Department ‘has to be done.’” law.com reports that “Holder Sets Tone as Confirmation Hearings Begin.” From National Public Radio, this evening’s broadcast of “All Things Considered” contained an audio segment entitled “Holder Calls Waterboarding Torture.” Today’s broadcast of “Day to Day” contained an audio segment entitled “What’s Holding Up Eric Holder?” (featuring Dahlia Lithwick). And yesterday’s broadcast of “All Things Considered” contained an audio segment entitled “Holder May Face Grilling At Confirmation.” RealPlayer is required to launch these audio segments. Finally, online at Slate, Dahlia Lithwick has an essay entitled “Holder Steady: The Senate confirmation hearings prove bruising chiefly for Al Gonzales.” Posted at 11:14 PM by Howard Bashman“Outgoing CIA director defends detainee interrogation program”: Jonathan S. Landay of McClatchy Newspapers provides this report. And in related news, The Associated Press reports that “Gitmo detainee lawyers raise torture allegations.” Posted at 10:47 PM by Howard Bashman“Modesty and Power: The Problem With Judicial Review.” In the current issue of The New Republic, Seventh Circuit Judge Richard A. Posner has this review of Philip Hamburger‘s new book, Law and Judicial Duty. Posted at 10:35 PM by Howard Bashman“Judge dismisses spring break smut suit”: Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “When Julie Amanda Tilton went to Daytona Beach during spring break, she competed in a number of risque contests at a local motel before hundreds of observers, some taking photos. The Florida woman eventually filed a federal lawsuit after learning that footage of the contests had been posted on the Internet. But on Thursday, the federal appeals court in Atlanta ruled against Tilton, effectively ending her suit seeking damages from the hotel, the owner of a video company and others.” Circuit Judge William H. Pryor, Jr. wrote today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit on behalf of a unanimous three-judge panel. The appellate court’s opinion begins, “This appeal concerns whether videos and photographs of Julie Amanda Tilton participating in activities during spring break in Daytona Beach, Florida, when she was seventeen years and ten months old, involve ‘sexually explicit conduct.'” Posted at 9:10 PM by Howard Bashman“Jackson To Serve as Acting Dean of Harvard Law School”: The Harvard Crimson provides a news update that begins, “Howell E. Jackson, the former vice dean for budget at Harvard Law School, will serve as the acting dean of the Law School upon the United States Senate’s confirmation of Dean Elena Kagan as U.S. Solicitor General, University President Drew G. Faust announced today.” Harvard’s official announcement can be accessed here. Posted at 5:11 PM by Howard BashmanOne interesting tidbit from the Kozinski-Lat podcast that I linked to last night: At twenty-three minutes and forty seconds into the recording (56.1MB mp3 audio file), Chief Judge Alex Kozinski observes that the U.S. Court of Appeals for the Ninth Circuit is not only the westernmost, northernmost, and southernmost circuit, but it’s also the easternmost circuit. So take that, U.S. Supreme Court — you may get to have the last word on legal issues, but the Ninth Circuit’s got you surrounded! Posted at 3:25 PM by Howard Bashman“More Charges Sought in Wone Murder Investigation”: This post appears this afternoon at “The BLT: The Blog of Legal Times.” Posted at 2:35 PM by Howard Bashman“Appeals court sides with J&J in stent dispute”: The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 2:33 PM by Howard Bashman“You got it wrong,” the Seventh Circuit tells the First, Fifth, Sixth, Eighth, Ninth, Tenth, and Eleventh Circuits: Today the U.S. Court of Appeals for the Seventh Circuit refuses to become the eighth circuit to hold that a federal district court may sentence someone to serve time in a “residential reentry center” as a discretionary condition of his supervised release in disregard of the plain language of 18 U.S.C. sec. 3583(d), which, at the relevant time, specifically omitted this condition from a list of permissible discretionary conditions. Because the federal government is on the losing side of today’s ruling, this case appears to be quite cert.-worthy should U.S. Supreme Court review be sought. Posted at 2:30 PM by Howard Bashman“Smiling Photos from Inside the Supreme Court”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.” Update: The web site of the Office of the President-Elect has posted high-resolution photos from yesterday’s visit here, here, and here. Posted at 2:13 PM by Howard Bashman“One of Minnesota’s largest law firms is before us, requesting that we overturn judgments that it committed legal malpractice and breached fiduciary duties owed to a client.” So begins a lengthy opinion that a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today. Posted at 11:44 AM by Howard Bashman“Intelligence Court Rules Wiretapping Power Legal”: Eric Lichtblau of The New York Times has a news update that begins, “A federal intelligence court, in a rare public opinion, is expected to issue a major ruling validating the power of the president and Congress to wiretap international phone calls and intercept e-mail messages without a court order, even when Americans’ private communications may be involved, according to a person with knowledge of the opinion.” Update: You can now access online the redacted opinion (for alternate download source click here) and the order (for alternate download source click here) making the opinion public. Senior First Circuit Judge Bruce M. Selya, in his capacity as Chief Judge of the United States Foreign Intelligence Surveillance Court of Review, is the author of the opinion. Posted at 11:38 AM by Howard Bashman |
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