Here’s hoping that life doesn’t imitate “24“: The Associated Press has a report headlined “Oldest US nuke plant could get new license” that begins, “Regulators don’t have to consider the threat of a terrorist attack on the nation’s oldest nuclear power plant, a federal court ruled Tuesday, and a vote on a new 20-year license for it is scheduled for Wednesday.”
You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.
The other Adam Liptak is losing weight thanks to the recession: This past Sunday’s edition of The Boston Globe contained an article that begins, “As a banker who puts together complex loan packages for developers and other high-fliers, Adam Liptak has felt the recession’s pain in the now all-too-familiar ways. But in the months since the credit markets went into piston-lock, he has noticed an unexpected and beneficial side effect: He has dropped 35 pounds.”
“Judge orders Guantanamo informer released”: Josh Gerstein has this post this afternoon at his “Under the Radar” blog at Politico.com.
You can access the order of the U.S. District Court for the District of Columbia at this link.
Update: In other coverage, The Associated Press reports that “Judge orders Guantanamo detainee released.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Detainee informer wins release.”
“Judge Keller’s disclosures omit nearly $2 million in real estate, public records show”: Yesterday’s edition of The Dallas Morning News contained an article that begins, “The presiding judge of the Texas Court of Criminal Appeals, while seeking state aid to defend herself against ethics charges, failed to abide by legal requirements that she disclose nearly $2 million in real estate holdings, according to an analysis of public records by The Dallas Morning News.” And today, the newspaper has an update headlined “Civil, criminal complaints filed against Judge Sharon Keller over real estate holdings.”
The Associated Press reports that “Ethics complaint filed against Keller.”
And at the “Focal Point” blog of The Austin American-Statesman, Chuck Lindell has a post titled “Watchdog group files 2 complaints against Keller.” The blog has also posted “Keller’s 2008 financial disclosure statement“; “Ethics Commission complaint“; and “County attorney complaint.”
“Mixed-Up Names and Mixed Motives at the Supreme Court”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
You can access the transcript of today’s U.S. Supreme Court oral argument in Gross v. FBL Financial Services, Inc., No. 08-441, at this link.
“Supreme Court Upholds Tobacco Award”: Robert Barnes of The Washington Post has this news update.
And Dow Jones Newswires report that “US Supreme Court Dismisses Philip Morris Appeal.”
In praise of Hewlett-Packard‘s customer service: At the start of 2009, I upgraded my office’s computer system to a machine that’s running the 64-bit Windows Vista operating system. As a result, it was also necessary to upgrade my office printer-photocopier-scanner-fax all-in-one machine from the hp LaserJet 3330 to the hp LaserJet 1522nf.
The new printer was performing wonderfully until last Friday, when it began to stop printing documents before all pages had emerged. That issue persisted through yesterday, when the printer also exhibited the dreaded “Scanner Error 5” malfunction code.
Mid-morning yesterday, I called Hewlett-Packard’s toll-free customer service number, where a helpful representative located in Costa Rica had me attempt a number of possible fixes (all to no avail) before offering to supply a replacement printer at no charge. According to the customer service representative, the replacement printer was scheduled to arrive in two to three business days. Fortunately, I had retainer my older printer, which is capable of printing from my current system.
This morning at 10 a.m. — less than 24 hours after a replacement printer had been promised — FedEx delivered the replacement printer, which had been sent overnight from California. That’s the fastest under warranty replacement of technology that I’ve ever had the pleasure to experience.
U.S. Court of Appeals for the Second Circuit issues “chutzpah” footnote: See footnote five (located on page seven of the PDF file) of this opinion issued today (via “Wait A Second!“).
The sentence to which the footnote pertains states, “Despite their flat-out refusal to comply with the District Court’s lawful orders, the Uzans now have the chutzpah to seek post-judgment, equitable relief from complying with those orders.”
“Office of Legal Counsel Nominee Still Awaiting Vote”: Today at “The BLT: The Blog of Legal Times,” David Ingram has a post that begins, “Dawn Johnsen, nominated to be assistant attorney general in charge of the Office of Legal Counsel, may have to wait at least another three weeks for a vote in the Senate.”
“Altria Appeal of Smoker Award Dismissed by Top Court”: Greg Stohr of Bloomberg News has this report.
And James Vicini of Reuters reports that “U.S. top court dismisses Philip Morris appeal.”
“Clearing the Smoke from Philip Morris v. Williams: The Past, Present, and Future of Punitive Damages.” In related news (see post immediately below), law professor Thomas B. Colby had this article in the December 2008 issue of The Yale Law Journal (via “Drug and Device Law” blog).
Today’s U.S. Supreme Court rulings in argued cases: The Court today resolved three argued cases.
The first ruling that the Court released today issued in Hawaii v. Office of Hawaiian Affairs, No. 07-1372. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court. You can access the opinion at this link and the oral argument transcript at this link.
The second ruling that the Court released today issued in Rivera v. Illinois, No. 07-9995. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court. You can access the ruling at this link and the oral argument transcript at this link.
Third and finally, the Court today issued a per curiam order dismissing the writ of certiorari as improvidently granted in Philip Morris USA Inc. v. Williams, No. 07-1216. You can access the oral argument transcript at this link. The case was argued on December 3, 2008, suggesting that the decision to dismiss the case as improvidently granted was not reached with typical dispatch. In any event, no dissents from this disposition are noted in the Court’s order.
At “SCOTUSblog,” Lyle Denniston has a post titled “Tobacco punitive verdict stands.”
I guess, at the end of the day, the analysis expressed in the February 11, 2008 installment of my “On Appeal” column headlined “Not Even U.S. Supreme Court Victory Can Vanquish $79.5 Million Punitive Award Against Philip Morris” proved to be correct.
In early news coverage, The Associated Press reports that “Court ends Philip Morris appeal of $79.5M award“; “Hawaii wins land dispute at Supreme Court“; and “Court refuses to throw out murder conviction.”
“Judge blocks Tunkhannock Area sexting charges”: This article appears today in The Times-Tribune of Scranton, Pennsylvania.
I have posted online at this link yesterday’s ruling of the U.S. District Court for the Middle District of Pennsylvania.
For whom the bridge tolls: Today’s edition of The Providence (R.I.) Journal contains an article headlined “Suit contests higher tolls for out-of-state drivers on Pell Bridge.”
“Texas Judge Asks for Dismissal of Charges in Inmate’s Execution”: law.com provides this report.
“Legal Group’s Neutrality Is Challenged”: Today’s installment of Adam Liptak’s “Sidebar” column begins, “Two weeks ago, the American Bar Association’s eight-year exile ended. The Obama administration restored the group to the special status it had enjoyed since the Eisenhower years, and it will once again get early word about potential nominees to the federal bench.”
Liptak’s report links to a paper titled “Bias and the Bar: Evaluating the ABA Ratings of Federal Judicial Nominees,” recently posted online at SSRN.
“Can A True Statement Form the Basis for a Defamation Lawsuit? In a Controversial Ruling, the U.S. Court of Appeals for the First Circuit Says Yes.” Julie Hilden has this essay online at FindLaw.
“Commission to select chief justice nominees for state Supreme Court”: This article appears today in The Providence (R.I.) Journal.
“CNN analyst gives history of Court”: Today’s edition of The Brown and White — the student newspaper of Lehigh University — contains an article that begins, “Jeffrey Toobin, journalist and analyst for CNN, discussed the public and private sides of the U. S. Supreme Court on Wednesday in Packard Laboratory.”
And in other coverage, Lehigh University issued a news release headlined “Toobin offers perspective on presidents and justices.”
This evening at Lehigh, law professor Jeffrey Rosen will deliver this year’s Tresolini Lecture, titled “Obama’s Constitution: The Future of the Supreme Court.”
“McVeigh lawyer Stephen Jones loses tax-break bid; Deduction was claimed in donation of files”: This article appears today in The Oklahoman.
The Enid (Okla.) News & Eagle reports today that “Jones says IRS personally attacked him.”
And The Associated Press reports that “Appeals court rejects tax case of McVeigh’s lawyer.”
This blog’s earlier coverage of last Friday’s Tenth Circuit ruling appears here and here.
“Gun Lobby Files New Suit in D.C. Over Federal Restrictions”: Jordan Weissmann has this post at “The BLT: The Blog of Legal Times.”
“Federal judge blocks charges in Pa. ‘sexting’ case”: The Associated Press has this report.
And The Times-Tribune of Scranton, Pennsylvania has a news update headlined “Judge bars DA from charging girls in sexting case.”
I have posted online at this link today’s ruling of the U.S. District Court for the Middle District of Pennsylvania.
“Supreme Court Won’t Revive Va. Anti-Spam Law”: Jerry Markon of The Washington Post has this news update.
And Frank Green of The Richmond Times-Dispatch has a news update headlined “U.S. Supreme Court declines to consider reinstating Va. anti-spam law.”
“Full House for Supreme Court Arguments on Asbestos”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”
You can access the transcript of today’s U.S. Supreme Court oral argument in Travelers Indemnity Co. v. Bailey, No. 08-295, by clicking here.
“Justice O’Connor at Pepperdine”: Benjamin Shatz has this post today at the “en Banc” blog of the Los Angeles Bar Association.”
Last Friday, retired Justice Sandra Day O’Connor was at Pepperdine University School of Law to deliver the third annual William French Smith Memorial Lecture.
Access today’s Order List of the U.S. Supreme Court: The Court today granted review in no new cases. You can access the Order List at this link.
At “SCOTUSblog,” Lyle Denniston provides this coverage.
And The Associated Press reports that “Court won’t revive Va. anti-spam law.”
“A confirmation fight for a challenging job: Perez would face issues of civil rights, Justice morale.” The Baltimore Sun today contains an article that begins, “In the annals of the capital’s acid partisanship, their names are boldfaced: candidates for America’s highest civil rights post who never got confirmed. During the last Democratic administration, conservatives succeeded in blocking Senate approval of Lani Guinier and Bill Lann Lee to head the civil rights division at the Justice Department. Now, they’re gearing up to put Thomas E. Perez, a Maryland lawyer selected for the job by President Barack Obama, through the grinder. Senate sources predict that the state’s labor secretary will be confirmed for the federal post, but history suggests that it won’t be without a fight.”
“A debate swirls over teens’ lurid pictures; Should self-portraits draw harsh penalties?” This article appeared yesterday in The Newark (N.J.) Star-Ledger.
“Why Card Check Is Unconstitutional: Only secret ballots are consistent with the First Amendment.” David B. Rivkin Jr. and Lee A. Casey have this op-ed today in The Wall Street Journal.
“Philadelphia Tour Guides Say Licensing Quiz Treads on Them; Ben Franklin’s 80 Progeny and Other Myths Raised Hackles; Now It’s a Federal Case”: This article appears today in The Wall Street Journal.
“We must guard our free speech fortress: Two Supreme Court cases — one just settled, one upcoming — involve the government’s role in religious expression; Our system’s dirty little secret: Government is already inside, and active, in the free speech arena.” Law professor Richard W. Garnett has this op-ed today in USA Today.
“Author Examines Effects Of Solitary Confinement”: This audio segment (RealPlayer required) featuring Atul Gawande appeared on this evening’s broadcast of NPR’s “All Things Considered.”
In the March 30, 2009 issue of The New Yorker, Gawande has an “Annals of Human Rights” article headlined “Hellhole: The United States holds tens of thousands of inmates in long-term solitary confinement; Is this torture?”
“Palin stands firm on consent; State lawmakers consider compromise requiring parental notification”: This article appeared yesterday in The Anchorage Daily News.
“Error Correction”: Law professor Chad M. Oldfather has posted this article online at SSRN (via “Legal Theory Blog“).
The article’s syllabus begins, “Under most accounts of appellate review, error correction stands with law declaration as the core purposes of the process. Yet while a vast amount of scholarship addresses the process of judicial law creation, error correction has received comparatively little attention.”
“Campus security bills for speakers challenged”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “When a UC Berkeley student group invited a speaker known for his hard-line pro-Israel stance, the university feared clashes with Palestinian supporters and billed the group more than $3,000 for police protection.”
The article reports on the efforts of “the Foundation for Individual Rights in Education, a conservative-leaning group that defends free speech on campus,” to challenge such fees as unconstitutional.