“State high court waffles on racially charged eyewitness accounts; Supreme Court: Judges don’t have to warn jurors about problems of cross-racial identification.” SeattlePI.com has this report on a ruling that the Supreme Court of Washington State issued today.
The decision consists of a lead opinion announcing the judgment of the court; a concurring opinion; an opinion concurring in the result; and a dissenting opinion.
“MGA Bratz Win Over Mattel Partly Erased by Appeals Court”: Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
And in other coverage, Dan Levine of Reuters reports that “Appeals court sides with Mattel in latest Bratz fight.”
Update: At her “Trial Insider” blog, Pamela A. MacLean has a post titled “Kozinski to Mattel/MGA: Don’t be Bratz.”
And The Associated Press reports that “Court cuts $172 million from Bratz doll verdict.”
“Citi and UBS must arbitrate auction rate case — court; Brokerage argued that client was not a ‘customer’; Court disagrees, says brokerages must arbitrate”: Suzanne Barlyn of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
“Ex-cheerleader’s libel lawsuit in jury’s hands”: The Associated Press has a report that begins, “The attorney for a former Cincinnati Bengals cheerleader who had sex with her underage student is telling jurors they have an opportunity to send a message across the U.S. by finding that a gossip website defamed her in lewd online posts.”
“Rivera’s Record Runs Deep but Is Limited to Social Justice Issues”: Today’s edition of the New York Law Journal contains an article that begins, “A review of Court of Appeals nominee Jenny Rivera’s scholarly writings portrays an attorney intensely proud of her Puerto Rican heritage and deeply concerned with social justice, women’s rights and feminist issues, especially as they impact the Hispanic population.”
“Senate Leaders Finalize Scaled-Back Filibuster Deal”: Sahil Kapur of TPM DC has this report.
Politico.com reports that “Reid, McConnell reach Senate filibuster deal.”
Alexander Bolton of The Hill reports that “Reid and McConnell reach tentative deal to change filibuster rules.”
And Roll Call reports that “Filibuster Deal Reached in Senate.”
You can access the proposed resolutions here and here.
“Inaugural Esdaile Lecture featuring Supreme Court Justice Stephen Breyer”: Boston University School of Law provides live video coverage at this link. The lecture is scheduled to begin at 1 p.m. eastern time today. Additional details can be accessed here and here.
“Judge refuses to dismiss Ten Commandments case, which heads to trial”: Today’s edition of The Pittsburgh Tribune-Review contains an article that begins, “A federal judge will allow the lawsuit against New Kensington-Arnold School District’s Ten Commandments monument to proceed.”
I have posted at this link Tuesday’s ruling of the U.S. District Court for the Western District of Pennsylvania.
“The Long Slog to Legalizing Marijuana in the U.S. Is Just Beginning; Popular support may be rising, but a ruling from a federal appeals court shows that Washington regulators still hold the power”: Andrew Cohen has this essay online at The Atlantic.
“Jurors selected for Orie Melvin trial”: Late yesterday, Paula Reed Ward of The Pittsburgh Post-Gazette had a report that begins, “In jury selection that began this morning, attorneys trying the case against suspended state Supreme Court Justice Joan Orie Melvin agreed upon 12 jurors and four alternates.”
And The Pittsburgh Tribune-Review reports that “Jurors selected in Joan Orie Melvin corruption trial.”
“Top Supreme Court Advocates of the Twenty-First Century”: Kedar Bhatia has this post today at his blog, “DailyWrit.” And you can access his related article at this link via SSRN.
“The Price of a Stolen Childhood: Victims of child pornography can now collect damages directly from those convicted of possessing their images; But how much can restitution help them repair their lives?” Emily Bazelon will have this lengthy cover story in this upcoming Sunday’s issue of The New York Times Magazine.
“In the beginning of the 20th century the great masters of American Jurisprudence — Oliver W. Holmes, Jr., Benjamin N. Cardozo and Professor Roscoe Pound — rejected the jurisprudence of concepts for what they called a jurisprudence of results.” The U.S. Court of Appeals for the Third Circuit today issued a decision from which Senior Circuit Judge Ruggero J. Aldisert concurred in part and dissented in part.
In an interesting passage that begins at page 21 of his opinion, Judge Aldisert explains that “Because this discussion has not often appeared in many judicial opinions, if any at all, I will summarize how the great change came about, a change in the nature of jurisprudence doctrine that our courts have now followed for almost 100 years, a change that was advocated by these great American masters.”
“Is a fetus a person? The Colorado Supreme Court may have to decide.” This lengthy article will appear in tomorrow’s edition of The Denver Westword.
Access online video of Justice Sonia Sotomayor’s appearance on the Univision program, “Al punto, con Jorge Ramos”: The video segments are titled “Sonia Sotomayor del Bronx a la Corte Suprema“; “Las decisiones de la Jueza Sonia Sotomayor“; and “Juez Sotomayor orgullosa de ser latina.”
“Supreme Court won’t hear Bald Knob cross challenge”: The Southeast Missourian has this report.
And The Southern Illinoisan reports that “Atheist’s Cross of Peace lawsuit ends.”
“Michigan’s newest justice takes seat on Supreme Court”: The Detroit News has an update that begins, “Bridget Mary McCormack was sworn in as Michigan’s newest Supreme Court justice Wednesday afternoon in a festive and traditional investiture ceremony attended by family and friends. McCormack, who left a University of Michigan law professorship to join the state’s highest court, was the top vote-getter among candidates for two eight-year seats. She’s the only member of the court not to have served as a judge before her election.”
“Supreme Court Justice Clarence Thomas finishes his thought”: Robert Barnes of The Washington Post has this news update.
“Reid, McConnell Close To Filibuster Reform Deal”: Sahil Kapur of TPM DC has this report.
And Thursday’s edition of The New York Times will contain an article headlined “Bipartisan Filibuster Deal Is Taking Shape in Senate.”
“FDA Won’t Appeal Free-Speech Marketing Decision”: The Wall Street Journal has this news update. You can freely access the full text of the article via Google News.
“Misconceptions”: Linda Greenhouse has this post at the “Opinionator” blog of The New York Times.
“Justice and Prosperity”: Today’s edition of The New York Times contains an editorial that begins, “When Chief Justice John Roberts Jr. congratulated President Obama after he completed his oath of office on Monday, Americans heard the cordial, affirming voice that regularly fills the courtroom of the Supreme Court.”
“Aaron Swartz’s supporters hack MIT site again”: This article appears today in The Boston Globe.
Today’s edition of The Tech, MIT’s student newspaper, contains articles headlined “MIT DNS hacked; traffic redirected; Emails sent to KAIST, other traffic redirected to Harvard” and “MIT Aaron Swartz report to be released ‘in a few weeks.’” The second of those articles links to additional materials pertaining to MIT’s review of the events preceding Aaron Swartz’s suicide, which you can access here, here, and here.
Declan McCullagh of c|net reports that “MIT review into Aaron Swartz’s death complete in ‘a few weeks’; Massachusetts Institute of Technology, under fire for its role in the felony prosecution of Internet activist who downloaded academic papers, elaborates on its ongoing internal probe.”
Clay Shirky has a blog post titled “Remembering Aaron by taking care of each other.”
At The Huffington Post, Gareth Price has a blog entry titled “Aaron Swartz: A Libertarian Dilemma,” while Justin Beach has a blog entry titled “Was Wikileaks the Root of Aaron Swartz’s Problems?”
MarketWatch columnist David Weidner has an essay titled “Aaron Swartz believed a wrong made a right; If he didn’t want to pick a fight, why bother at all?”
Peter Martin of The Sydney Morning Herald has an essay titled “Hacker’s suicide a warning to those seeking to punish copyright breaches; Harsh penalties for violating websites’ terms of service are hugely out of proportion.”
At Inside Higher Ed, Rob Weir has an essay titled “Free Comes with a Price Tag.”
In today’s edition of The Daily Reveille of Louisiana State University, David Scheuermann has an essay titled “In wake of Aaron Swartz’s death, professors should consider open access.”
And Electronic Frontier Foundation has a blog post titled “Part 2: EFF’s Additional Improvements to Aaron’s Law.”
“Yes, it was a joke by Supreme Court’s Thomas”: Jonathan Stempel of Reuters has this report.
My coverage from earlier today appears at this link.
Update: Elsewhere, Ariane de Vogue of ABC News has a blog post titled “Mystery Solved: Justice Clarence Thomas Cracked Joke About Harvard Law School.”
“GOP Senators Delay Hearing on D.C. Circuit Nominee”: At “The BLT: The Blog of Legal Times,” Todd Ruger has a post that begins, “Senate Republicans are holding up the nomination of Sri Srinivasan for the U.S. Court of Appeals for the D.C. Circuit, saying they want to know more about his role in the abrupt settlement of a Fair Housing Act case a year ago.”
“Immigration fallout from saying no to ‘Obamacare'”: The Associated Press has this article reporting on “an unintended consequence of how last year’s Supreme Court decision changed the Medicaid provisions of President Barack Obama’s health care law.”
“Blogger contests ex-cheerleader’s libel suit”: The Associated Press has this report.
“Jury selection begins in Joan Orie Melvin corruption trial”: The Pittsburgh Tribune-Review has this news update.
And Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined “Seven jurors selected for Orie Melvin trial.”
What does an official U.S. Supreme Court oral argument transcript have in common with the Congressional Record (at least if you’re a Justice)? Apparently you can revise and extend your remarks. See page 42 of the newly revised official transcript of oral argument in Boyer v. Louisiana, No. 11-9953, to find the latest version of what Justice Clarence Thomas said after seven years of silence.
“U.S. Supreme Court Justice Sonia Sotomayor signs copies of her memoir in Houston”: Brenda Sapino Jeffreys has this post at the “Tex Parte Blog” of Texas Lawyer.
“Courts as Managers: American Tradition Partnership v. Bullock and Summary Disposition at the Roberts Court.” Alex Hemmer has this essay (available in both HTML and PDF) today at YLJ Online.
“Judge Arthur Gajarsa joins WilmerHale as senior counsel”: Reuters has this report.
“Former Michigan Supreme Court justice expected to plead guilty”: This article appears today in The Detroit News.
“Senate Democrats Moving Quickly on Judicial Nominees”: Todd Ruger has this post at “The BLT: The Blog of Legal Times.”
“can’t get enough of #scotus wandering out into the world. @kevinomccarthy’s portrait of badass Sam Alito.” Robert Barnes of The Washington Post has a tweet linking to this photograph.