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Sunday, May 19, 2013 "Sotomayor to receive honorary degree": The "Cross Campus" blog of The Yale Daily News has this post today. Posted at 10:56 PM by Howard Bashman "Bigger push on Kansas courts may be coming": John Hanna of The Associated Press has a news analysis that begins, "A prominent conservative Kansas legislator has launched what could become the most aggressive campaign to date to rein in the state Supreme Court after a proposal failed that would have changed how its justices are selected." Posted at 10:44 PM by Howard Bashman "Neb. Court Rejects Off-Campus Search of Student Vehicle": Mark Walsh has this post at the "School Law" blog of Education Week. My earlier coverage of Friday's Nebraska Supreme Court ruling appears at this link. "Kosher prison food lawsuit goes forward": The Miami Herald has this report. My earlier coverage of last Tuesday's Eleventh Circuit ruling appears at this link. "Standing to assert a First Amendment challenge to a sign ordinance that the state has agreed not to enforce": Law professor Kevin C. Walsh has this post today at his blog, "walshslaw." Posted at 10:22 PM by Howard Bashman "Packing the D.C. Circuit: Obama prepares to flood an appellate court with judges it doesn't need." This editorial will appear in Monday's edition of The Wall Street Journal. You can freely access the full text of the editorial via Google News. "Eric Holder's liberation": Josh Gerstein of Politico.com has this report today. Posted at 10:18 PM by Howard Bashman "The Kansas death penalty has cobwebs": The Kansas City Star has this report. Posted at 10:15 PM by Howard Bashman "Beyond the Brady Rule": This editorial appears today in The New York Times. Posted at 09:05 AM by Howard Bashman "Under the U.S. Supreme Court: Islamic law in U.S. courts." Michael Kirkland of UPI has this report. Posted at 08:52 AM by Howard Bashman Saturday, May 18, 2013 "The Corporate-Friendly Court": Lincoln Caplan will have this essay in the Sunday Review section of tomorrow's edition of The New York Times. Posted at 09:30 PM by Howard Bashman "Nebraska Supreme Court limits school searches to campus": Today's edition of The Omaha World-Herald contains an article that begins, "Off-campus parking at Nebraska high schools may be at a premium after a ruling by the state's high court on Friday." You can access yesterday's ruling of the Supreme Court of Nebraska at this link. "Supreme Court asked to intervene in lacrosse case": Today's edition of The Herald-Sun of Durham, North Carolina contains an article that begins, "A trio of former Duke University lacrosse players has asked the U.S. Supreme Court to reverse a lower-court ruling and reinstate their federal civil-rights case against the city and its police." Posted at 10:15 AM by Howard Bashman "A Supreme visit: Chief Justice Roberts makes historic visit to region." The Observer of Dunkirk, New York contains this front page article today. Posted at 09:10 AM by Howard Bashman Friday, May 17, 2013 "Catherine E. Greig's 8-year-prison sentence was justified, federal court rules": John R. Ellement of The Boston Globe has this news update. And The Associated Press reports that "8-year term for Bulger girlfriend upheld in Mass." You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. "Liberty University pivots in health law challenge": Politico.com has this report. Posted at 10:20 PM by Howard Bashman "Justice Sotomayor Urges Immigrant Parents to Aid Their Children's Education": Mark Walsh has this post today at the "School Law" blog of Education Week. My earlier coverage appears at this link. "Judge lets defense lawyers withdraw from Chevron fraud lawsuit": Jonathan Stempel of Reuters has this report. And at Forbes.com, Daniel Fisher has a blog post titled "Judge Grudgingly Lets Donziger's Lawyers Out Of Chevron Case." Fisher has posted a copy of the ruling at this link. "This case requires us to decide whether the police, after seizing a cell phone from an individual's person as part of his lawful arrest, can search the phone's data without a warrant." In a ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued today, the majority held that "such a [warrantless] search exceeds the boundaries of the Fourth Amendment search-incident-to-arrest exception." Posted at 05:56 PM by Howard Bashman "Full Court Press: Perspectives on Covering the Supreme Court." The First Amendment Center posted this video online today. You can also access the video directly via YouTube. "Court: Law applying crack sentences retroactive." The Associated Press has this report. My earlier coverage of today's Sixth Circuit ruling appears at this link. "Plaintiff in excessive-force taser case lists defendant as 'Taser Joe'": John Council has this post today at the "Tex Parte Blog" of Texas Lawyer. My earlier coverage of Wednesday's Fifth Circuit ruling appears at this link. "Judge grants injunction in Ark. abortion ban case": The Associated Press has a report that begins, "A federal judge on Friday granted a request to temporarily block enforcement of a new Arkansas law that bans most abortions 12 weeks into a pregnancy." Posted at 01:35 PM by Howard Bashman "Scene in D.C.: Justice Stevens, Donahue at Citizen Awards." Bloomberg News has this report. Posted at 01:30 PM by Howard Bashman "No-show judge bolsters Chevron's attack on $19 billion judgment; The Ecuadorian judge who awarded the environment judgment against Chevron was a no-show witness for a deposition in Peru": Roger Parloff of Fortune magazine has this blog post today. Posted at 01:15 PM by Howard Bashman "LGBT PC: Being against marriage equality doesn't make you a monster." Michael Kinsley has this essay online today at The New Republic. Posted at 01:14 PM by Howard Bashman "Chief Justice Roberts: 'It is great to be back home.'" Buffalo, New York's NPR News station has this report (with audio). And The Buffalo News has an update headlined "Chief Justice Roberts marks 10th anniversary of Jackson Center." Sixth Circuit holds "that the federal judicial perpetuation of the racially discriminatory mandatory minimum crack sentences for those defendants sentenced under the old crack sentencing law, as the government advocates, would violate the Equal Protection Clause." A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this ruling today. Posted at 11:23 AM by Howard Bashman "Stevens: Rationale for Bush v. Gore was 'unacceptable'; The former Supreme Court justice speaks out on John Roberts and the case that decided the 2000 election." Salon.com has this report. Posted at 08:29 AM by Howard Bashman "Discussion: What's Going on at Gitmo?" At 2 p.m. eastern time this afternoon, ProPublica will host this discussion with Carol Rosenberg of the Miami Herald, Ryan J. Reilly of the Huffington Post, and Charlie Savage of The New York Times. Posted at 08:22 AM by Howard Bashman "'Iqbal Effect' on housing, employment cases skews Republican: new study." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 08:17 AM by Howard Bashman Thursday, May 16, 2013 "Federal court hears appeal over Delaware court secrecy": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this news update. You can access the audio of today's oral argument at the U.S. Court of Appeals for the Third Circuit via this link (17.5 MB Windows Media audio file). Update: In other coverage, Reuters reports that "Appeals court questions 'secret justice' in Delaware." "Obama names Utah state judge to 10th Circuit bench; Sens. Hatch, Lee say McHugh's intelligence will serve her well": Thomas Burr of The Salt Lake Tribune has this news update. Posted at 08:52 PM by Howard Bashman "Facebook Tells Court 'Like' Feature Vital to Free Speech": Tom Schoenberg of Bloomberg News has this report. Posted at 04:57 PM by Howard Bashman "Fight Over Obama Appointees May Spur Senate Rule Change": This article will appear Friday in The New York Times. Posted at 04:55 PM by Howard Bashman "Top appeals court nominee sails toward confirmation; He's argued more than two dozen cases before the Supreme Court; Now, Sri Srinivasan could be moving toward a seat on the bench himself": Richard Wolf of USA Today has this report. At "The Note" blog of ABC News, Ariane de Vogue has a post titled "SCOTUS Watch: Keep an Eye on Srikanth Srinivasan." And The Hill has a blog post titled "Senate panel approves Obama nominee for key court post." "Court ruling unsealed in D.C. campaign investigation": The Washington Post has this news update. And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Unsealed Opinion Offers Few Clues on Mayoral Probe." "Sequel to the Fifth Circuit's Quorum Conundrum: Comer v. Murphy Oil II." Law professor Adam Steinman has this post today at "Civil Procedure & Federal Courts Blog" about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued Tuesday. Posted at 03:32 PM by Howard Bashman "Songs for the Supremes": Jess Bravin has this post (pass-through link) today at WSJ.com's "Law Blog." Posted at 03:27 PM by Howard Bashman "Jane Kelly's experience rare on US appeals court": The Associated Press has this report. Posted at 02:31 PM by Howard Bashman "At D.C. Circuit, Contractor Case Merits Take Backseat": Andrew Ramonas has this post today at "The BLT: The Blog of Legal Times." Posted at 02:28 PM by Howard Bashman "Supreme Court Justice Urges Immigrant Parents to Help Children with School": The SchoolBook web site of WNYC Radio has this report (with audio). Posted at 01:18 PM by Howard Bashman "Second appeals court invalidates Obama's NLRB recess appointments": Tal Kopan of Politico.com has this blog post. My earlier coverage of today's Third Circuit ruling appears at this link. "Arkansas Ordered to Face Lawsuit Challenging Abortion Law": Bloomberg News has this report. Posted at 01:00 PM by Howard Bashman "Senate committee approves 3 judicial nominees": The Associated Press has this report. Posted at 12:05 PM by Howard Bashman "The Forty-Year Fight": In today's edition of The Chicago Weekly, Olivia Dorow Hovland has an article that begins, "Ruth Bader Ginsburg's diminutive stature was dwarfed by the marshals that surrounded her as she made her way down the main aisle of the University of Chicago Law School auditorium Saturday afternoon." Posted at 11:54 AM by Howard Bashman "Delaware's Chancery Court seeks to restart 'secret' hearings": Reuters has this report on a case scheduled for oral argument today at the U.S. Court of Appeals for the Third Circuit. Posted at 11:50 AM by Howard Bashman "Cops Should Get Warrants to Read Your E-Mail, Attorney General Says": David Kravets has this post today at Wired.com's "Threat Level" blog. Posted at 11:47 AM by Howard Bashman "To Stop Overreaches Like the AP Debacle, Congress Must Step Up; The judiciary can't fix this: The Supreme Court has a poor track record protecting journalists from the government." Law professor Garrett Epps has this essay online at The Atlantic. And online at Slate, Emily Bazelon has a jurisprudence essay titled "Obama's War on Journalists: His administration's leak investigations are outrageous and unprecedented." "Dotcom: Supreme Court grants leave to appeal." The New Zealand Herald has this news update. Reuters reports that "NZ Supreme Court to hear Megaupload evidence appeal." And Joe Mullin of Ars Technica reports that "NZ Supreme Court to hear appeal on whether Dotcom can see US evidence; Government lawyers say Megaupload founder has no need to see documents." Update: In other coverage, at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Kim Dotcom Case to Be Reviewed By New Zealand's Supreme Court; The Megaupload founder has gotten the country's highest court to review a March decision over access to U.S. government documents." "Senate Panel Unanimously Approves Sri Srinivasan For D.C. Circuit Judge": Sahil Kapur has this post at TPM Livewire. And the "Post Poiitics" blog of The Washington Post has an entry titled "Sri Srinivasan approved by Senate Judiciary Committee." Update: In other coverage, at "The BLT: The Blog of Legal Times," Matthew Huisman has a post titled "Senate Judiciary Approves Sri Srinivasan for D.C. Circuit." "Cool Music Soothes Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 10:57 AM by Howard Bashman "Senate panel considers labor board nominees": The Associated Press has this report. Posted at 10:55 AM by Howard Bashman "Ninth Circuit Pooh-Poohs Coupons in HP Printer Case": Scott Graham of The Recorder has this report. My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "We hold that the Recess of the Senate in the Recess Appointments Clause refers to only intersession breaks." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit in an NLRB recess appointment challenge decided today. The majority opinion totals 102 pages, while the dissent clocks in at 55 pages. And in related news, Carlyn Kolker of Reuters reports that "NLRB pursuing settlements, despite Noel Canning decision." "Liberty still pushing its challenge to Obamacare": Politico.com has this report on a case scheduled for oral argument today at the U.S. Court of Appeals for the Fourth Circuit. Posted at 08:42 AM by Howard Bashman "Prison Inmate's Complaint Gets High Court Review; Sixth Circuit ruling in indigent's civil rights case targeted": Tony Mauro of The National Law Journal has this report (free access). Posted at 08:40 AM by Howard Bashman "Facebook's 'Like' Faces Free-Speech Test in U.S. Court": Tom Schoenberg of Bloomberg News has this report on a case scheduled for oral argument today at the U.S. Court of Appeals for the Fourth Circuit. Posted at 08:30 AM by Howard Bashman "Constitution Check: Who has First Amendment rights in the workplace?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center. Posted at 08:26 AM by Howard Bashman "Open Season: Do Laws Against Animal Crushing Videos Violate Free Speech? Ashley Nicole Richards, who filmed herself torturing and killing kittens, puppies, cats and dogs, was the first person brought up on revised federal crush-video charges -- which backfired magnificently." This lengthy cover story appears in the current issue of Houston Press. Posted at 08:24 AM by Howard Bashman "Obama climate agenda faces Supreme Court reckoning": Lawrence Hurley and Valerie Volcovici of Reuters have this news analysis. Posted at 08:20 AM by Howard Bashman "Obama needs a fresh approach to naming judges": Law professor David Fontana has this essay at Politico.com. Posted at 08:14 AM by Howard Bashman Wednesday, May 15, 2013 "Driver's Seat": Linda Greenhouse has this post tonight at the "Opinionator" blog of The New York Times. Posted at 10:32 PM by Howard Bashman "Lawsuit filed against deputy 'Taser Joe'; Ramirez alleges deputies used excessive force against him": In early September 2009, this article appeared in The Alice (Tex.) Echo-News Journal. Today, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling on the case. "Appeals Court Says Judge Went Too Far in Forcing Fire Dept. to Revamp Its Hiring": Today's edition of The New York Times contains this article. My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Roll-Call Reminder: Women May Go Topless." This article will appear Thursday in The New York Times. Posted at 09:03 PM by Howard Bashman "Diversity Without Affirmative Action?" The New York Times has posted this "Room for Debate" discussion online. Posted at 08:57 PM by Howard Bashman "White House Pushes for Media Shield Law": Charlie Savage will have this article in Thursday's edition of The New York Times. Posted at 04:56 PM by Howard Bashman "Only abortion clinic in Miss. fights to stay open": The Associated Press has this report. Posted at 04:32 PM by Howard Bashman "Strongbox and Aaron Swartz": The New Yorker has this blog post today. Posted at 04:15 PM by Howard Bashman "Drakes Bay Oyster states case in court": Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage of yesterday's Ninth Circuit oral argument can be accessed here and here. The Denver Post will report on newly issued Tenth Circuit rulings when it is good and ready: Yesterday, The Denver Post had this article reporting on a ruling that the U.S. Court of Appeals for the Tenth Circuit had issued one week earlier, on May 7, 2013. Posted at 04:05 PM by Howard Bashman "New Questions in Gay Conversion Therapy Appeal": At her "Trial Insider" blog, Pamela A. MacLean has this post reporting on two related orders (here and here) that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 03:50 PM by Howard Bashman "Case to Watch: Supreme Court may take up question of inequitable conduct." Erin Geiger Smith of Reuters has this report. Posted at 03:44 PM by Howard Bashman "Court voids HP printer settlement, cites legal fees": Jonathan Stempel of Reuters has this report on another Ted Frank victory -- this time not only as counsel but also as a named party. You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. "Legal challenges begin against ND abortion laws": The Associated Press has this report. Posted at 02:07 PM by Howard Bashman "The Court Case Looming Behind Angelina Jolie's Breast Cancer Column: The actress's candid op-ed about her mastectomy comes on the eve of a vital ruling over patents for breast cancer genes like hers." Andrew Cohen has this essay online today at The Atlantic. Posted at 10:57 AM by Howard Bashman "'Company Doe' Asks Fourth Circuit to Keep Records Sealed": Mike Scarcella of The National Law Journal has this report (free access). Posted at 10:22 AM by Howard Bashman "Is the Patent System Working or Broken? A Discussion with Four Distinguished Federal Judges." The Federalist Society has posted at this link the video of its event from yesterday. Posted at 10:20 AM by Howard Bashman "Boston Bombing Judge Emerges as Target for Republicans": Bloomberg News has this report. Posted at 07:33 AM by Howard Bashman Tuesday, May 14, 2013 "From breast cancer to gay marriage, can court be moved? Angelina Jolie's decision to get tested for a breast cancer gene mutation, undergo a double mastectomy and then write about it is the latest example of news that could affect Supreme Court justices' views." Richard Wolf will have this article Wednesday in USA Today. Posted at 11:02 PM by Howard Bashman "Court reinstates Fla. inmate kosher meals lawsuit": The Associated Press has this report. The News Service of Florida reports that "Appeals court revives lawsuit of inmate demanding kosher meals." And The Jewish Daily Forward reports that "Parent-Killing Jewish Inmate Wins Round in Kosher Meals Fight; Appeals Court Keeps Bruce Rich's Florida Suit Alive." You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. "Fate of oyster farm in appeals court hands": The Press Democrat of Santa Rosa, California has this news update. The U.S. Court of Appeals for the Ninth Circuit has posted online both the audio and the video (via YouTube) of today's oral argument. Update: In other coverage, Scott Graham of The Recorder reports that "Ninth Circuit Hears Oyster Farm Case." "Senate set for showdown over W.H. nominees": Politico.com has this report. Posted at 08:20 PM by Howard Bashman "Lawyers Press Pentagon to Abide by Detainee Deal": Charlie Savage will have this article Wednesday in The New York Times. Posted at 08:07 PM by Howard Bashman "Eric Holder: White House Considering New Guantanamo Envoy To Help Close Facility." Ryan J. Reilly of The Huffington Post has this report. Posted at 08:00 PM by Howard Bashman "Federal and state regulators clash over Md. gas project": Jeremy P. Jacobs of Greenwire has this report. Posted at 06:14 PM by Howard Bashman "Joan Orie Melvin is resentenced": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "Former state Supreme Court Justice Joan Orie Melvin must pay nearly $128,000 of her personal contributions to her retirement fund to cover fines, costs and restitution stemming from her conviction on public corruption charges." And in this past Sunday's edition of The Pittsburgh Tribune-Review, Brad Bumsted had an essay headlined "The Melvin sentence: Judges protecting judges." "Collegiality, Judging, and the D.C. Circuit": Law professor Aaron Zelinsky has this interesting post today at "Concurring Opinions." Posted at 04:56 PM by Howard Bashman "Is the N.R.A. Un-American?" Stanley Fish had this post last night at the "Opinionator" blog of The New York Times. Posted at 04:46 PM by Howard Bashman "Backlash Whiplash: Is Justice Ginsburg right that Roe v. Wade should make the court cautious about gay marriage?" Emily Bazelon has this jurisprudence essay online at Slate. Posted at 04:44 PM by Howard Bashman "Human rights groups call for end to force-feeding of Guantanamo hunger-striking detainees": Carol Rosenberg of The Miami Herald has this news update. And The Associated Press has a report headlined "Gitmo prisoner: Obama has 'abandoned' detainees." "An Empirical Study of the Effect of Shady Grove v. Allstate on Forum Shopping in the New York Courts": Law professor William H. J. Hubbard has posted this article online at SSRN. Posted at 02:47 PM by Howard Bashman "Genetic Breast Cancer Testing: Big Business, and a Big Lawsuit": Tom Gara has this post today at WSJ.com's "Corporate Intelligence" blog. Posted at 02:44 PM by Howard Bashman "Chief justice denounces pay-to-play reform measure; Nuss says key senator tied judicial raise to support for change in judge selection process": Andy Marso of The Topeka Capital-Journal has a news update that begins, "The Kansas Supreme Court's Chief Justice sent a letter to the state's judges Tuesday condemning as 'distasteful' and 'unacceptable' an influential senator's attempt to make courts funding contingent upon judicial groups getting behind a proposal to change the way Supreme Court justices are selected." Posted at 02:43 PM by Howard Bashman "US appeals panel ponders: what is a pirate?" The Associated Press has this report on a case argued today at the U.S. Court of Appeals for the Fourth Circuit. When that court posts the oral argument audio online, you should be able to access it via this link. Posted at 02:34 PM by Howard Bashman "Supreme Court plays Shakespeare tragedy for laughs": Lawrence Hurley of Reuters has this report. Posted at 02:15 PM by Howard Bashman "Federal court overturns ruling FDNY intentionally discriminated against minority applicants; The decision is a victory for city lawyers, who argued that Federal Judge Nicholas Garaufis had wrongly accused Mayor Bloomberg of willfully failing to end discrimination in the predominantly white ranks of the fire department": The New York Daily News has this update. And The Associated Press reports that "NY appeals court approves of FDNY hiring oversight." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Federal appeals court takes up Marin oyster farm case Tuesday": Yesterday's edition of The Press Democrat of Santa Rosa, California contained this front page article. The oral argument occurred today at the U.S. Court of Appeals for the Ninth Circuit. I will link to the audio when it becomes available online. You can access the briefs filed in the case and certain other material via this link. Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Oyster Farm Fate in Judges' Hands." "W.Pa. abortion clinics struggle under stricter regulations": This article appears today in The Pittsburgh Tribune-Review. Posted at 12:16 PM by Howard Bashman "Federal court rules Anaheim officers didn't use excessive force; A divided U.S. 9th Circuit Court of Appeals rules that the two officers didn't use excessive force in a 2009 incident in which a suspect was fatally shot": Maura Dolan has this article in today's edition of The Los Angeles Times reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 11:27 AM by Howard Bashman "In Abortion Protests, Which to Protect, Children or Speech?" Adam Liptak has this new installment of his "Sidebar" column in today's edition of The New York Times. Posted at 11:24 AM by Howard Bashman "U.S. Porn Company Goes After Hong Kong 'Cloud' Storage Outfit": Scott Graham of The Recorder has this report on an oral argument that occurred yesterday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. You can access the audio of the oral argument by clicking here. "Justices finally say what 'defalcation' means": Lawrence Hurley of Reuters has this report. Posted at 11:04 AM by Howard Bashman "High court asked to resolve split over state AG lawsuits": Andrew Longstreth of Reuters has a report that begins, "The U.S. Supreme Court will meet next week to consider whether to weigh in on a question that has split the judiciary: Do federal courts have jurisdiction over lawsuits filed in state court by state attorneys general on behalf of their citizens?" Posted at 10:26 AM by Howard Bashman "Most vital part of Monsanto opinion may be what wasn't in it": Erin Geiger Smith of Reuters has this report. Posted at 10:24 AM by Howard Bashman "9th Circuit: Order on Cebull investigation 'moot.'" The Associated Press has this report. You can access yesterday's order of the Judicial Council of the Ninth Circuit at this link. Earlier this month, The Great Falls Tribune published an article headlined "District Judge Cebull to serve last day." Monday, May 13, 2013 "Justice Roberts to speak at La Lumiere commencement": The Times of Northwest Indiana has this news update. Posted at 09:55 PM by Howard Bashman "The Supreme Court is About to Get Another Chance to Gut Obamacare: A new case in federal courts, if successful, would maim health-care reform." Simon Lazarus has this essay online today at The New Republic. Posted at 08:46 PM by Howard Bashman "Supreme Court acting serene with unanimous rulings; The Roberts court, often divided 5-4 on controversial cases, finds agreement three more times Monday in a pattern that's becoming familiar": Richard Wolf will have this article Tuesday in The New York Times. Posted at 08:42 PM by Howard Bashman "California prison battle heading to U.S. Supreme Court": Howard Mintz of The San Jose Mercury News has this report. Posted at 08:16 PM by Howard Bashman "Splintered Federal Circuit fails in its essential mission": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 06:21 PM by Howard Bashman "Ginsburg's Roe v. Wade Blind Spot": Lincoln Caplan has this post today at the "Taking Note" blog of The New York Times. Posted at 06:07 PM by Howard Bashman "U.S. Supreme Court Sides with Emory Student Group's Client, Vacates Bankruptcy Decision": Emory University School of Law issued this news release today. Posted at 06:04 PM by Howard Bashman "FBI Exigent Letters Memo Should Be Kept Secret, Justice Department Argues": Matt Sledge of The Huffington Post has this report. Posted at 06:02 PM by Howard Bashman "Is the Patent System Working or Broken? A Discussion with Four Distinguished Federal Judges." The Federalist Society will offer a free webcast of this event starting early tomorrow afternoon eastern time (access link for details). Posted at 05:55 PM by Howard Bashman "Guantanamo Bay: Inside a Legal Nightmare; Author Jess Bravin explores the military prison's tangled history in new book 'The Terror Courts.'" John Knefel has this article online at Rolling Stone. And for those who prefer to listen, John and Molly Knefel's new episode of "Radio Dispatch" includes an interview with Bravin. Posted at 05:52 PM by Howard Bashman Joe Mullin of Ars Technica is reporting: Today, he has reports headlined "Aaron Swartz prosecutors will unseal evidence, but won't name names; Judge: Threats on MIT and US Attorneys' staff mean some redactions are proper" and "New Prenda letter threatens to tell neighbors about porn accusations; Sprawling case may be porn troll's 'last stand,' but it looks massive." Posted at 05:44 PM by Howard Bashman "Uniform Rules Urged On Access to Judicial Papers; Presidential Records Act should serve as guide for public access to federal judges' working records post-bench, law prof proposes": Marcia Coyle of The National Law Journal has this report. Posted at 05:37 PM by Howard Bashman "US government files morning-after pill appeal": The Associated Press has this report. Update: At "SCOTUSblog," Lyle Denniston has a post titled "Government: No promises on 'Plan B.'" "In Commencement Address, Verrilli Offers Lessons Learned": Mounira Al Hmoud has this post today at "The BLT: The Blog of Legal Times." Posted at 02:41 PM by Howard Bashman "Prosecutors Shouldn't Be Hiding Evidence From Defendants: The Supreme Court said so 50 years ago; But there's no real accountability structure to enforce the obligation -- which means innocent people end up sitting in prison." Andrew Cohen has this essay online at The Atlantic. Posted at 01:20 PM by Howard Bashman "What's Left for the Supreme Court": Ariane De Vogue of ABC News has this report. Posted at 01:16 PM by Howard Bashman "D.C. Circuit Weighs Child Pornography Restitution Case": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times." Posted at 01:10 PM by Howard Bashman Josh Gerstein of Politico.com is reporting: Today, he has blog post titled "Judge: Courts too deferential on classified information" and "Guantanamo lawyers demand right to use pens, notebooks, eyeglasses." Posted at 01:06 PM by Howard Bashman "Justice Ginsburg: Roe v. Wade not 'woman-centered.'" This article appeared yesterday in The Chicago Tribune. Update: At The Huffington Post, law professor Geoffrey R. Stone has a related blog entry titled "Justice Ginsburg, Roe v. Wade and Same-Sex Marriage." Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued three decisions in argued cases. 1. Justice Elena Kagan delivered the opinion for a unanimous Court in Bowman v. Monsanto Co., No. 11-796. You can access the oral argument via this link. 2. Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Bullock v. BankChampaign, N.A., No. 11-1518. You can access the oral argument via this link. 3. And Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Dan's City Used Cars, Inc. v. Pelkey, No. 12-52. You can access the oral argument via this link. In early news coverage, The Associated Press reports that "High court rules for Monsanto in patent case." Richard Wolf of USA Today reports that "Supreme Court sides with Monsanto in major patent case; Indiana farmer's effort to replicate soybeans that are resistant to weed killer is determined to be a patent infringement." Adam Liptak of The New York Times has a news update headlined "Monsanto Wins Case on Genetically Altered Soybeans." Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules for Monsanto in genetically modified soybean case." David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court rules in favor of Monsanto in seed-patenting case." Greg Stohr of Bloomberg News reports that "Monsanto Wins Seed Case as U.S. High Court Backs Patent Rights." Lawrence Hurley of Reuters reports that "Supreme Court rules for Monsanto in patent fight." At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Backs Patents on 'Self-Replicating' Technology." And Ariane de Vogue of ABC News has a blog post titled "Indiana Farmer Loses Battle Against Monsanto." "Lawyers worry new measure of mental retardation could prompt more executions": Reuters has a report that begins, "A new standard from the country's leading psychiatric association to diagnose mental retardation could allow courts to execute convicted criminals with IQ scores below 70 more easily, say death penalty lawyers." Posted at 09:53 AM by Howard Bashman "Revised Guantanamo force-feed policy exposed: Al Jazeera's exclusive publishing of a key Guantanamo prison military document lays bare the brutality of force-feeding." Jason Leopold of Al Jazeera English has this report today. Posted at 09:40 AM by Howard Bashman "Q&A: Plaintiffs' lawyer Barry Barnett on the Comcast class action." David Ingram of Reuters has this report. Posted at 09:37 AM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review in one case and called for the views of the Solicitor General in one case. Update: In early news coverage, Lawrence Hurley of Reuters reports that "U.S. justices stay out of stock market indexes copyright fight." "CAFC Hears Oral Arguments in Houston and District of Columbia Section 2(b) Appeals": John L. Welch has this post today at "The TTABlog." Posted at 09:30 AM by Howard Bashman "Gay-Marriage Letdown Looms as High Court Weighs Narrow Ruling": Greg Stohr of Bloomberg News has this report. Posted at 09:25 AM by Howard Bashman Sunday, May 12, 2013 "Brown v. Board site to unveil historic Clark doll; Psychologists Kenneth and Mamie Phipps Clark's tests using children's dolls played a key role in the Brown v Board case": This article appears today in The Topeka Capital-Journal. Posted at 09:51 PM by Howard Bashman "The DNA in your garbage: up for grabs; Drop a hair? Anyone can legally sequence your genetic material -- and privacy experts want to close that gap." Kevin Hartnett has this essay today in the Ideas section of The Boston Globe. Posted at 09:44 PM by Howard Bashman "Robert H. Jackson's law clerk to attend Roberts visit": The Observer of Dunkirk, New York has this report. More information about this upcoming Friday's event can be accessed here. "Among Indian tribes, a division over gay marriage": This article will appear Monday in The Washington Post. Posted at 09:31 PM by Howard Bashman "E Pluribus Me": This evening at the "Opinionator" blog of The New York Times, Timothy Egan has a post that begins, "Logic, thy name is not Ted Cruz. The very junior senator from Texas is a well-credentialed windbag, with degrees from Princeton and Harvard Law, and a stint clerking at the Supreme Court." Posted at 09:26 PM by Howard Bashman "Hospital Mergers Reset Abortion-Access Battle": This article will appear in Monday's edition of The New York Times. Posted at 09:20 PM by Howard Bashman "Aaron Swartz's Father Calls for U.S. Legal Reforms Ahead of MIT Report": Sam Gustin of Time magazine has this article. Posted at 09:16 PM by Howard Bashman "Lives versus Profits": Last week at Project Syndicate, Joseph E. Stiglitz had an essay that begins, "The United States Supreme Court recently began deliberations in a case that highlights a deeply problematic issue concerning intellectual-property rights." Posted at 08:23 PM by Howard Bashman "Bombing Suspect's Lawyer A Quiet Defender Of The Notorious": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday." Posted at 01:33 PM by Howard Bashman "Ex-justices rule current Supreme Court guilty of partisanship": Columnist Brian Dickerson has this op-ed today in The Detroit Free Press. Posted at 01:28 PM by Howard Bashman "Supreme Court adds third case to deliberation over mandatory retirement for PA judges": This article appeared yesterday in The Patriot-News of Harrisburg, Pennsylvania. Posted at 01:26 PM by Howard Bashman "In entire court term, justices see 1 black lawyer": Mark Sherman of The Associated Press has this report. Posted at 01:23 PM by Howard Bashman "Supreme Court weighing public school graduation in a church ; Justices have been deciding for weeks whether to take up a Wisconsin case in which a school district was found to have violated the 1st Amendment": David G. Savage has this article today in The Los Angeles Times. Posted at 01:12 PM by Howard Bashman "Attorney General Holder speaks to UC grads": Today's edition of The San Francisco Chronicle contains an article that begins, "With protesters outside demanding closure of the Guantanamo Bay detention center, U.S. Attorney General Eric Holder on Saturday gave an unambiguous endorsement of the civilian court system to try suspected terrorists, telling UC Berkeley Law School graduates that failing to do so 'would weaken our ability . . . to punish those who target our people.'" Posted at 09:25 AM by Howard Bashman "Under the U.S. Supreme Court: O'Connor regrets Bush vs. Gore. So what?" Michael Kirkland of UPI has this report. Posted at 09:18 AM by Howard Bashman Saturday, May 11, 2013 "G.O.P. Delays on Nominees Raise Tension": Sunday's edition of The New York Times will contain this front page article. Posted at 10:56 PM by Howard Bashman "Ginsburg says Roe gave abortion opponents target": The Associated Press has this report. Posted at 10:51 PM by Howard Bashman "U.S. Court of Appeals backs Metro schools in upholding rezoning ruling; Court finds increased segregation in plan but says it wasn't intentional": The Tennessean contains this article today. This blog's earlier coverage of yesterday's Sixth Circuit ruling appears at this link. "In Guantanamo, Have We Created Something We Can't Close?" This audio segment appeared on today's broadcast of NPR's "All Things Considered." Posted at 08:35 PM by Howard Bashman "America the Clueless: On subjects ranging from Obamacare to the Supreme Court, our body politic isn't especially brainy." Columnist Frank Bruni will have this op-ed Sunday in The New York Times. Posted at 08:33 PM by Howard Bashman "Racism in a Texas Death Case": This editorial appears today in The New York Times. Posted at 08:30 PM by Howard Bashman "Gulag that shames the West: Five years after Obama said he'd shut it, over 100 prisoners -- including a British resident -- are still chained in Guantanamo." David Jones of The Daily Mail (UK) has this report. Posted at 04:30 PM by Howard Bashman "Justice Ruth Bader Ginsburg shows different side to DePaul audience": This article appears today in The Chicago Sun-Times. And The Associated Press reports that "Supreme Court Justice Ruth Bader Ginsburg to discuss Roe v. Wade in Chicago." Additional information on the event can be accessed here. "At Ninth Circuit, Moderates Do the Talking": Scott Graham of The Recorder has this report. Posted at 01:38 PM by Howard Bashman "U.S. appeals court issues divided ruling in software patent case": Erin Geiger Smith of Reuters has this report. And at the "Patently-O" blog, Dennis Crouch has a post titled "CLS Bank v. Alice Corp: Court Finds Many Software Patents Ineligible." My earlier coverage of yesterday's en banc Federal Circuit ruling appears at this link. Friday, May 10, 2013 "Packing the Courts": In the Sunday Book Review section of this Sunday's edition of The New York Times, Jeffrey Rosen will have this review of "The Federalist Society: How Conservatives Took the Law Back From Liberals," by Michael Avery and Danielle McLaughlin. Update: The authors of this book had an article in the April 15, 2013 issue of The Chronicle Review of The Chronicle of Higher Education headlined "How Conservatives Captured the Law." "Ask the author: Marcia Coyle on the Roberts Court." "SCOTUSblog" has posted at this link Ronald Collins's interview of Marcia Coyle. Posted at 05:06 PM by Howard Bashman "Grassley aims for GOP political spin on federal judiciary": Doug Kendall has this post today at "The Great Debate" blog of Reuters. In addition, in the May/June 2013 issue of The Environmental Forum, Kendall and Simon Lazarus have a cover story titled "Broken Circuit: A new breed of activism on the Court of Appeals for the D.C. Circuit -- for environmental cases second in importance only to the Supreme Court and the central venue for high-profile lawsuits -- threatens decades of progress." On the last page of the PDF document, linked immediately above, law professor Jonathan H. Adler has a response essay titled "The D.C. Circuit Is Hardly in Crisis." "DOJ Asks D.C. Circuit to Keep Surveillance Law Memo Secret": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times." Posted at 04:52 PM by Howard Bashman "D.C. Circuit Grapples with Judicial Independence Case": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times." Posted at 03:08 PM by Howard Bashman "Appeals Court Upholds Nashville Student Assignment Plan": Mark Walsh has this post at the "School Law" blog of Education Week reporting on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 03:00 PM by Howard Bashman "Judge sets resentencing hearing for Joan Orie Melvin; Judge says he will address technicality, but sentence will not really change": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "The judge who sentenced a former state Supreme Court justice to three years house arrest has scheduled a resentencing hearing for Tuesday." And Adam Brandolph of The Pittsburgh Tribune-Review has a news update headlined "Judge says he will resentence former Justice Melvin next week 'out of extreme caution.'" "Female HLS Graduates Enter a Job Market Dominated by Men": This article -- part three in a three-part series -- appears today in The Harvard Crimson. Posted at 02:33 PM by Howard Bashman "The N.L.R.B.'s Contested Poster": Today's edition of The New York Times contains an editorial that begins, "The subject of the latest outrageous ruling by the United States Court of Appeals for the District of Columbia Circuit is an 11-by-17-inch poster." Posted at 02:30 PM by Howard Bashman "Federal court defends judicial conference at Georgia resort": Jamie Dupree of The Atlanta Journal-Constitution had this post last night at his "Washington Insider" blog. Posted at 02:19 PM by Howard Bashman "'Look, you may hate me': 90 minutes with John Steele, porn troll; Says Judge Wright's Star Trek references were 'beneath the dignity of the court.'" Joe Mullin of Ars Technica has this interview. Posted at 01:00 PM by Howard Bashman "Man who stripped at Portland International Airport fights $1,000 fine from TSA": This article appears today in The Oregonian. According to the article, the case could eventually reach the U.S. Court of Appeals for the Ninth Circuit. Posted at 12:53 PM by Howard Bashman "'Morning-After' Pill Judge Won't Delay Ruling for Appeal": Bloomberg News has this report. And The Associated Press reports that "Judge in NYC refuses to suspend his Plan B ruling." "Chamber Of Commerce Is Big Winner With Increasingly Conservative Supreme Court": Sahil Kapur of TPM DC has this report. Posted at 12:44 PM by Howard Bashman En banc Federal Circuit issues decision addressing the patentability of a computer-assisted business method that reduces risks in financial situations: Today's en banc ruling of the U.S. Court of Appeals for the Federal Circuit begins with a one-paragraph per curiam opinion stating: Upon consideration en banc, a majority of the court affirms the district court's holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. sec. 101. An equally divided court affirms the district court's holding that the asserted system claims are not directed to eligible subject matter under that statute.In addition to that short per curiam opinion, six judges issued separate opinions. Last month, Erin Geiger Smith of Reuters wrote about the case that the en banc Federal Circuit decided today in an article headlined "In gene case, Supreme Court to again address patent eligibility." "Appeals court rules that Righthaven lacked standing to sue over copyrights": This article appears today in The Las Vegas Sun. And Erin Geiger Smith of Reuters has an article headlined "Assignment to sue for copyright not enough for standing -- appeals court." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "High court's hospital merger ruling could spur antitrust challenges": Terry Baynes of Reuters has a report that begins, "A ruling this year by the U.S. Supreme Court in a hospital merger case could embolden federal regulators to bring more antitrust challenges against healthcare deals, said Sara Razi, a deputy assistant director at the Federal Trade Commission." Posted at 12:25 PM by Howard Bashman "Altering a culture in which much of the bar had come to believe that briefing schedules were issued only to be automatically extended until convenient for counsel to file a brief was difficult." The U.S. Court of Appeals for the Second Circuit today issued an interesting per curiam ruling reminding counsel that repeated extensions of time in which to file a brief are disfavored, even for exceptional circumstances. Unlike many courts, however, the Second Circuit initially allows counsel to more or less set the original timetable for briefing an appeal. Posted at 11:47 AM by Howard Bashman "How Vacancies on the D.C. Circuit Court Are Swaying Policy in America: The court's judges are obstructing appointments to a key regulatory body; But since the Senate won't confirm Obama's own judicial picks, the appointments will stay stuck." Law professor Garrett Epps has this essay online today at The Atlantic. Posted at 07:53 AM by Howard Bashman Thursday, May 9, 2013 "Ex-'Dora the Explorer' Can't Unwind Settlement With Nickelodeon; An appeals court declines to rip up a $500,000 settlement made by Caitlin Sanchez": At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post reporting on a summary order that the U.S. Court of Appeals for the Second Circuit issued Tuesday. Posted at 11:06 PM by Howard Bashman "Navy lawyer leaving case of waterboarded USS Cole bombing suspect": Carol Rosenberg of The Miami Herald has this report. Posted at 11:03 PM by Howard Bashman 
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