“Other states watching Ark. lethal injection case”: The Associated Press has a report that begins, “An attorney for four Arkansas death row inmates who are challenging the state’s lethal injection procedure told a federal appeals court panel Thursday that even with new methods in place, the process can cause pain and suffering.”
You can access here (16.8MB mp3 audio file) and here (15.2MB mp3 audio file) the two oral arguments on this subject that the U.S. Court of Appeals for the Eighth Circuit heard today.
“Judicial Selection and Judicial Choice”: Kevin M. Scott and Wendy L. Martinek have posted online at SSRN this paper, in which they “empirically investigate whether [lower federal court] judges who were considered more controversial during their confirmation process are more ideologically-driven in their voting behavior than other (less controversial) judges.” (Via “Legal Theory Blog.”)
“AstraZeneca loses price inflation lawsuit appeal”: The Associated Press has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
After hearing oral argument en banc today in Nordyke v. King, the Ninth Circuit has vacated its submission of that case pending whether the U.S. Supreme Court will grant review of one or more other cases raising the same Second Amendment issue: You can access today’s post-oral argument order of the U.S. Court of Appeals for the Ninth Circuit vacating the submission of the case at this link.
You can download the audio of today’s en banc oral argument via this link (9.00MB Windows Media audio file).
In coverage of today’s en banc oral argument, Bob Egelko of The San Francisco Chronicle has a news update headlined “Court considers county’s right to regulate guns.”
Josh Richman of The Oakland Tribune has a news update headlined “Appeals court grapples with gun rights in East Bay case.”
And at his “Taking Liberties” blog hosted by CBSNews.com, Declan McCullagh has a post titled “Appeals Court Weighs Gun Rights Lawsuit.”
“9/11 Wrongful-Accusation Suit Settled”: Friday’s edition of The New York Times will contain an article that begins, “The United States government has paid $250,000 to settle a lawsuit by an Egyptian man who had been wrongly suspected of assisting the 9/11 hijackers with a two-way aviation radio that a security guard claimed was found in the man’s hotel room overlooking the World Trade Center.”
And The Associated Press reports that “FBI pays wrongly detained Egyptian man $250,000.”
My earlier coverage of the Abdallah Higazy case can be accessed via this link. Coverage from others can be accessed via this link.
In addition, the November 5, 2007 installment of my “On Appeal” column for law.com was headlined “Court Learns Best Way to Keep a Secret Is Not by Posting It on the Internet.”
“Justice Ginsburg hospitalized after feeling faint”: The Associated Press has a report that begins, “Supreme Court Justice Ruth Bader Ginsburg was hospitalized Thursday after becoming ill in her office at the court.” The AP has also posted online the “Court statement about Justice Ruth Bader Ginsburg.”
Robert Barnes of The Washington Post has a blog post titled “Justice Ginsburg at Washington Hospital Center.”
At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Justice Ginsburg Hospitalized.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “Justice Ginsburg in hospital.”
“Panel Previews Upcoming Supreme Court Term”: Daniel Newhauser has this post at “The BLT: The Blog of Legal Times.”
“Illinois Supreme Court: Provena Covenant Medical Center, Illinois Department of Revenue square off over tax-exempt status; Urbana hospital says legislature should decide standard for charity care.” This article appears today in The Chicago Tribune.
“Court: Westboro protest at local Marine’s funeral was protected free speech.” The York (Pa.) Daily Record has this news update.
The Associated Press reports that “Court nixes $5M verdict against funeral protesters.”
And The Maryland Daily Record has a news update headlined “Funeral protesting Westboro Baptist wins on appeal.”
My earlier coverage of today’s Fourth Circuit ruling appears at this link.
“Decatur man charged for trying to blow up Springfield federal building”: The State Journal-Register of Springfield, Illinois has a news update that begins, “A 29-year-old Decatur man arrested on charges of attempted murder of federal employees and attempting to use explosives to detonate a vehicle bomb at the federal building downtown Springfield had his first court appearance this afternoon at that very building.”
And The Associated Press reports that “Man charged with plot to bomb Ill. courthouse.”
“Panel: Blogs, help, don’t hinder First Amendment.” This article, in which I am both mentioned and photographically depicted, appears online today at The West Virginia Record.
“Ill. high court OKs ‘Jews only’ inheritance”: The Associated Press has a report that begins, “Proud of his religion and worried about its future, Chicago dentist Max Feinberg wrote a will with an unusual catch: His grandchildren wouldn’t inherit a penny if they married someone who wasn’t Jewish. His decision led to family feuds, lawsuits, countersuits and, on Thursday, an unanimous ruling by the Illinois Supreme Court that Feinberg and his wife were within their rights to disinherit any grandchildren who married outside the faith.”
You can access today’s ruling of the Illinois Supreme Court at this link.
BREAKING NEWS — “Court overturns WBC judgment” in military funeral protest case: The Topeka Capital-Journal has a news update that begins, “A civil lawsuit won by the father of a fallen Marine against members of the Westboro Baptist Church was overturned by an appeals court in Virginia on Thursday. With that, the $5 million judgement and lien on the church’s building and law firm has been dismissed.”
You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit, overturning the judgment on First Amendment grounds by a 2-1 vote, at this link. The third judge on the panel would have overturned the judgment on non-constitutional grounds.
“One of four justices honored with stamp is a local Story”: The Salem News of Beverly, Massachusetts contains this article today.
“Clarence Thomas to speak at W&L’s Lincoln conference”: This article appears today in The News Leader of Staunton, Virginia.
“Redskins litigants press Supreme Court action”: Indian Country Today provides this report.
“Court to hear challenge to gun show ban”: Bay City News has a report that begins, “A long-running challenge to Alameda County’s ban on gun shows at the annual county fair in Pleasanton will go before a federal appeals court in San Francisco on Thursday.”
And at the “Taking Liberties” blog of CBS News, Declan McCullagh has a post titled “Appeals Court To Consider Key Gun Rights Question.”
On page two of this PDF document, you will find the names of the eleven judges who will participate in today’s rehearing en banc of this case in the U.S. Court of Appeals for the Ninth Circuit.
When that court posts online the audio of today’s oral argument, I’ll publish a new post linking to it.
“Bush’s wiretapping goes to court in S.F.” Bob Egelko has this article today in The San Francisco Chronicle.
And The Associated Press reports that “Judge mulling Islamic charity wiretap lawsuit.”
“Supreme Court to weigh depictions of animal cruelty; In a case that pits free-speech defenders against animal rights activists, the justices will consider whether the 1st Amendment should protect depictions of animals being hurt”: David G. Savage has this article today in The Los Angeles Times.
“Courts Wrestle With Searches When the Evidence Is Digital”: John R. Emshwiller will have this article Thursday in The Wall Street Journal about a recent en banc ruling of the U.S. Court of Appeals for the Ninth Circuit.
You can access the full text of the article via Google News.
My earlier coverage of this en banc ruling can be accessed here.
“Administration Won’t Seek New Detention System”: Thursday’s edition of The Washington Post will contain an article that begins, “The Obama administration has decided not to seek legislation to establish a new system of preventive detention to hold terrorism suspects and will instead rely on a 2001 congressional resolution authorizing military force against al-Qaeda and the Taliban to continue to detain people indefinitely and without charge, according to administration officials.”
“Attorneys seek to have convictions voided in videotaped sex assault; Lawyers say key evidence was excluded in a sensational Orange County case involving a former assistant sheriff’s son and two companions”: The Los Angeles Times has a news update that begins, “Attorneys for three men convicted in Orange County 4 1/2 years ago of sexually assaulting an apparently unconscious 16-year-old girl while videotaping the incident asked a state appeals court Wednesday to toss out the convictions.”
Earlier, today’s edition of The Orange County Register previewed the appellate oral argument in an article headlined “Ex-official’s son wants sex offender label lifted; Greg Haidl and 2 others will ask court Wednesday to overturn convictions.”
“Obama Stands Behind ‘State Secrets’ in Spy Case”: This evening at Wired.com’s “Threat Level” blog, David Kravets has a post that begins, “Hours after the Justice Department announced it would limit its use of the state secrets privilege in new cases, the administration appeared before a federal judge here Wednesday and continued to invoke that defense in a closely watched spy case.”
Available online via SSRN: Law professor David R. Stras has posted online an article titled “The Supreme Court’s Declining Plenary Docket: A Membership-Based Explanation.”
Law professor Robert G. Bone has an article titled “Plausibility Pleading Revisited and Revised: A Comment on Ashcroft v. Iqbal.”
And Brandice Canes-Wrone, Tom S. Clark, and Jee-Kwang Park have an article titled “Judicial Independence and Retention Elections.”
Thanks to “Legal Theory Blog” for bringing these article to my attention.
“Law Shielding Cops Faces Court Challenge”: At Wired.com’s “Threat Level” blog, David Kravets has a post that begins, “A Florida man facing a year in jail for the online posting of a local police officer’s phone number and address is challenging the 37-year-old state law on First Amendment grounds.”
“Bank snafu sets up Gmail privacy clash”: Howard Mintz has this article today in The San Jose Mercury News.
My earlier coverage appears at this link.
“Justice Sotomayor and Baseball”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”
My earlier coverage appears at this link.
“High Court Docket Could Hold Big Surprises; No obvious blockbusters are expected, but sometimes unremarkable cases turn out to be remarkable”: Daniel Fisher has this commentary at Forbes.com.
“David Lat Interviews Steve Brill”: The ABA Journal has posted online this item, featuring video links.
A related post at the ABA Journal’s “Law News Now” blog is titled “Ever the Tough Editor, Am Law Founder Hits Publication’s Websites.”
If one of Brill’s points is that law.com web sites should be more like “Above the Law,” it is ironic that for quite some time Google News has been attributing law.com articles to “Above the Law,” as the example revealed by clicking here confirms.
“Hot-Button Education Appeals Pending in Supreme Court”: Mark Walsh has this post today at “The School Law Blog” of Education Week.
“Why Brooklyn jury will hear case of threats vs. 3 Illinois judges”: The past Sunday’s edition of The New York Daily News contained an article that begins, “The country-crossing trial will be held here because Judge Donald Walter granted a defense request to move the trial of radio show host and blogger Harold (Hal) Turner from Chicago. Defense lawyers said Turner couldn’t get a fair trial in the same courthouse where the three targeted judges work.”
law.com reports that “Trial of Blogger Who Threatened 7th Circuit Judges Moves to N.Y.”
And earlier this month, in related commentary, Gene Policinski — vice president and executive director of the First Amendment Center — had an op-ed entitled “When do words of a rapper or blogger become threats?”
“Fla. court hears alleged tainted legal fees case”: The Associated Press has a report that begins, “In a case watched closely by defense attorneys nationwide, federal prosecutors urged a skeptical appeals court panel on Wednesday to reinstate a money-laundering conspiracy charge against a prominent lawyer accused of illegally accepting more than $5 million in tainted legal fees from a Colombian cocaine baron.”
And at the “Southern District of Florida Blog,” David Oscar Markus has a post titled “Blogging the Ben Kuehne argument in the 11th Circuit.”
“Talking about the future: Panel discusses bloggers and the First Amendment.” This article, in which I am mentioned, appears today in The Parthenon, which is the student newspaper of Marshall University.
“New stamps for 4 Supreme Court justices”: The Associated Press has this report.
“Death penalty upheld in ND college student slaying”: The Associated Press has a report that begins, “A federal appeals court on Tuesday upheld the death sentence of a convicted rapist for the 2003 kidnapping and killing of a University of North Dakota student in a case that led Minnesota and North Dakota to toughen their sex-offender laws.”
And The Grand Forks Herald has a news update headlined “Prosecutors: Glad, not surprised Rodriguez death sentence appeal denied.”
You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
