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Friday, May 09, 2008 Joseph Goldstein of The New York Sun is reporting: An article headlined "Congress Seeks To Protect U.S. Authors" begins, "Congress is taking an even more aggressive approach than New York State in responding to the fining of American journalists and authors for libel by foreign courts." And an article headlined "Gag on 2nd Amendment Is City's Aim in Guns Suit" begins, "Lawyers for Mayor Bloomberg are asking a judge to ban any reference to the Second Amendment during the upcoming trial of a gun shop owner who was sued by the city. While trials are often tightly choreographed, with lawyers routinely instructed to not tell certain facts to a jury, a gag order on a section of the Constitution would be an oddity." "McCain Sings Same Old GOP Song On Justices; Republican Presidential Nominee Parrots Party Lines Bashing Judges": CBS News legal analyst Andrew Cohen recently had this "CourtWatch" column. Posted at 03:25 PM by Howard Bashman The Associated Press is reporting: Now available online, in coverage of cases pending before the U.S. Court of Appeals for the D.C. Circuit, are articles headlined "Reporter challenges ruling over sources in anthrax case" and "Plame seeks to resurrect lawsuit in CIA leak case." An article headlined "Nevada judge accused of demanding royal treatment" begins, "Elizabeth Halverson is a judge. But the way courthouse staffers see it, she expects to be treated like a queen." And in other news, "Kentucky death row inmate: 'I'm ready and I'm sorry'" and "Judge: Jury selection can begin in R. Kelly pornography case." "Judge threatens to suspend war court trial; A military judge agreed with defense lawyers that they should have access to the log that tracked the life of a Canadian brought to the prison camp in 2002, at age 15": Carol Rosenberg has this article today in The Miami Herald. Posted at 09:25 AM by Howard Bashman "Court weighs whether to restrict 'business method' patents": The Associated Press provides a report that begins, "Is a baseball pitcher's method for throwing a curveball patentable? How about a chiropractor's techniques? A federal appeals court wrestled with those kinds of questions Thursday when it considered placing restrictions on patent protections for business practices. The case under review is being closely watched by financial services and software companies." Reuters reports that "US court mulls standard for business method patents." And Dow Jones Newswires report that "Appeals Panel Reviews Standard For Business-Method Patents." You can download the audio of yesterday's en banc oral argument of the U.S. Court of Appeals for the Federal Circuit via this link (55.7MB mp3 audio file). "Send in the clones? Judges should be independent thinkers, not political partisans." This editorial appears today in USA Today. The newspaper also contains an op-ed by Tony Perkins entitled "Restrain judicial activism: Judges should interpret the law and leave legislating to the people." In commentary available from FindLaw: Edward Lazarus has an essay entitled "McCain's Remarks Regarding the Kind of Judges He Would Nominate As President: His Surprising Failure to Take Into Account the Rightward Turn of the Supreme Court and of the Law in Recent History." And Vikram David Amar has an essay entitled "What the Supreme Court's Recent Decision Upholding Indiana's Voter ID Law Tells Us About the Court, Beyond the Area of Election Law." "Obama on judges: Protect the powerless." James Oliphant has this post at "The Swamp" blog of The Chicago Tribune. Posted at 08:45 AM by Howard Bashman "Court orders American Indian to trial for shooting eagle": A more detailed report from The Associated Press on an interesting decision that Tenth Circuit Judge Michael W. McConnell issued yesterday refers to RFRA as the "Religious Freedom Restitution Act." My earlier coverage of the ruling appeared yesterday at this link. Posted at 08:42 AM by Howard Bashman "Bush nominates Va. judge to fill vacancy on 4th Circuit": The Associated Press provides a report that begins, "A federal judge in Virginia is President Bush's pick to fill one of several vacancies on the 4th U.S. Circuit Court of Appeals, widely viewed as the most conservative federal appellate bench in the country. The White House announced Thursday that Bush had nominated Glen E. Conrad to the Richmond, Va.-based appeals court, which has handled some of the country's biggest terrorism cases. Conrad has been a judge on the U.S. District Court for the Western District of Virginia since 2003. If confirmed by the Senate, Conrad would fill the seat of H. Emory Widener Jr., who died last year." You can access Judge Conrad's Federal Judicial Center biography at this link, while the official announcement of the nomination can be accessed here. Yesterday's nomination means that there are two U.S. District Judges with the last name Conrad whose nominations to the U.S. Court of Appeals for the Fourth Circuit are now pending before the U.S. Senate. On July 17, 2007, President Bush nominated Chief Judge Robert J. Conrad, Jr. of the U.S. District Court for the Western District of North Carolina to the Fourth Circuit. Thursday, May 08, 2008 "Republicans on the Senate Judiciary Committee on Wednesday closely questioned the qualifications, driving record and tax-payment history of a Michigan judge nominated to the federal court of appeals that hears cases for Michigan and other Midwestern states." So begins this article published today in The Detroit News. You can now access by clicking here (RealPlayer required) the video of yesterday's hearing of the Senate Judiciary Committee for Sixth Circuit nominees Helene N. White and Raymond M. Kethledge. Update: In other news coverage, Neil A. Lewis of The New York Times reports that "White House and Democrats Move on Ohio Court Plan." Tenth Circuit holds that the Religious Freedom Restoration Act does not preclude the federal government from prosecuting a member of the Northern Arapaho Tribe of Wyoming who shot a bald eagle for use in the tribe's traditional religious ceremony: Circuit Judge Michael W. McConnell was the author of today's unanimous, 44-page opinion. Today's ruling holds that "the Eagle Act and its regulations are the least restrictive means of pursuing the government's compelling interest in preserving the bald eagle." In news coverage, The Associated Press reports that "Court rules against man in bald eagle-religion case." "This case calls on us to address whether veterans who served on ships off the coast of Vietnam during the Vietnam War served 'in the Republic of Vietnam' and thus are entitled to the presumption of service connection if they suffer from one of the listed diseases." A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit today issued this ruling in a case involving claims for Agent Orange-related disability compensation. Today's opinion explains that "[b]y regulation, the Department of Veterans Affairs has interpreted the phrase 'served in the Republic of Vietnam' to mean that the veteran's service must have involved 'duty or visitation' in the Republic of Vietnam in order for the veteran to be entitled to the statutory presumption of service connection." The Court of Appeals for Veterans Claims, however, rejected the agency's interpretation as unduly restrictive. In the decision issued today, the majority holds that "the agency's requirement that a claimant have been present within the land borders of Vietnam at some point in the course of his duty constitutes a permissible interpretation of the statute and its implementing regulation, and we therefore reverse the judgment of the Veterans Court." "Court Issues Split Decision In Lucent-Microsoft Dispute": Dow Jones Newswires provide this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 03:48 PM by Howard Bashman "McCain's half-truths about judges": Columnist Linda P. Campbell has this op-ed today in The Fort Worth Star-Telegram. And online at The American Spectator, Quin Hillyer has an essay entitled "Judging McCain." Programming note: I'm among the parents who will be accompanying my son's Latin class on a school trip today. Additional posts will appear here this afternoon. Posted at 07:42 AM by Howard Bashman "Court rules deal violated BP blast victims' rights; $50 million fine in plea bargain for refinery deaths yet to be approved": Today in The Houston Chronicle, Mary Flood has an article that begins, "A federal appeals court ruled Wednesday that the rights of victims of the 2005 BP explosion in Texas City were violated by Houston federal prosecutors and a judge, but the plea bargain they object to remains on the table." Update: You can access yesterday's Fifth Circuit ruling at this link. "GOP slows approval for judgeships; 3 Michigan nominees face tough questions from U.S. senators despite deal with Bush administration": This article appears today in The Detroit News. Posted at 07:33 AM by Howard Bashman Wednesday, May 07, 2008 "The sole question presented on appeal is whether a foreign citizen with no connection to the United States has a right to just compensation under the Fifth Amendment for a taking of property that occurs in a foreign country." A three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling today addressing that question. The plaintiff alleged that she was the sole owner of a cafeteria located on property next to the U.S. Embassy in Tashkent, the capital of Uzbekistan. The plaintiff further alleged that local authorities destroyed the cafeteria at the request of the U.S. Embassy in order to increase the security of the embassy. Today's Federal Circuit ruling affirms the U.S. Court of Federal Claims' dismissal of the lawsuit. "What McCain expects from federal judges: He pledges to nominate jurists who believe in 'clear limits to the scope of judicial power' and who are faithful to the Constitution." This article appears today in The Los Angeles Times. Newsday reports today that "McCain says he'll appoint conservative judges." The Winston-Salem Journal reports that "McCain tries to shore up credentials; He says he will follow Bush's lead with judicial picks." And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "McCain Expresses Support for Conservative Judges" (RealPlayer required). Meanwhile, in commentary, The Baltimore Sun today contains an editorial entitled "Challenging justice: A McCain court would tilt solidly right." Today in The Chicago Tribune, Law Professor Geoffrey R. Stone has an op-ed entitled "McCain's justice: Conservative activism gone wild." And today at National Review Online, Shannen W. Coffin has an essay entitled "Trust But Verify: McCain on judges." "Comedy of errors as war court complex debuts": Carol Rosenberg of The Miami Herald has a news update that begins, "The Pentagon took its new $12 million war court complex out for a test run Wednesday with the arraignment of an alleged al Qaeda propagandist -- and the state-of-the-art facility failed." And The Associated Press reports that "Glitches mar debut of Gitmo courthouse." "Full house for U.S. chief justice at KU": This article appeared last Thursday in The Kansas City Star. The Lawrence Journal-World reported last Thursday that "Chief justice comes in strong off bench; Lecture mixes history lesson, judicial principle, predictions for future and salute to Jayhawks." Last Thursday's edition of The Topeka Capital-Journal contained an article headlined "Chief Justice: Internet brings complex questions." The University Daily Kansan reported last Thursday that "Chief Justice discusses constitution; John G. Roberts Jr., covers Supreme Court decision making; The judge spoke at the Lied Center Wednesday night as part of an annual lecture series." And the KU School of Business last Friday issued a news release headlined "Chief Justice John G. Roberts, Jr. delivers 2008 Vickers Lecture to sold-out crowd." Video of the Chief Justice's lecture may soon be available via that link. "Tough questions for Michigan judges in Senate hearing": The Detroit News provides an update that begins, "A Senate Judiciary Committee hearing ended tensely Wednesday after two Republican senators questioned the qualifications, speeding tickets and tax-payment history of a Michigan judge nominated to the federal court of appeals that hears cases for Michigan and other Midwestern states." And The Associated Press reports that "GOP senators question quick action on judicial nominee." "Court: Gay marriage ban affects partner benefits; Mich. Supreme Court says public employees can't share health care with same-sex partners." The Detroit Free Press provides this news update. And The Associated Press reports that "Mich. high court says gay partners can't get health benefits." You can access today's ruling of the Supreme Court of Michigan at this link. "Portland jury orders Payless to pay Adidas $304.6 million; Attorneys think the award is the largest ever in a trademark infringement case": This article appears today in The Oregonian. And The Topeka Capital-Journal reports today that "Collective Brands hit with $305M trademark violation judgment." The newspaper has also posted online this PDF file consisting of the jury's 44-page verdict, which contains page after page of photographs of the sneakers at issue in the case. "Westboro members miss bond deadline; Still, Westboro Baptist's property may not be confiscated right away": The Topeka Capital-Journal today contains an article that begins, "A missed deadline for two members of Westboro Baptist Church to post bond with a federal court in Maryland doesn't mean their property and the church property will be confiscated immediately." And The Associated Press reports that "Phelpses fail to post bond." "Coverage for reporters: A federal shield law allowing journalists to protect their sources benefits the public in the long run." This editorial appears today in The Los Angeles Times. Posted at 09:08 AM by Howard Bashman "A death sentence voided: The Adam Miranda case shows that the California death penalty costs too much in time, money and justice." Today's edition of The Los Angeles Times contains an editorial that begins, "If a respected entertainment lawyer had not decided 20 years ago to devote a substantial chunk of his life and work to helping a California death row inmate -- for free -- Adam Miranda would be dead by now." My earlier coverage of Monday's ruling of the Supreme Court of California appears at this link. "McCain says he will choose court justices in mold of Roberts, Alito": USA Today contains this article today. Posted at 08:57 AM by Howard Bashman "Prospective juror in pot trial caught smoking marijuana; Woman charged with drug possession on break from trial": This article appears today in The Houston Chronicle. Posted at 08:45 AM by Howard Bashman "As Executions Resume, So Do Questions of Fairness": The New York Times contains this article today, along with an editorial entitled "The Death Penalty Returns." Today in The Washington Post, Robert Barnes reports that "Execution Is First Since Ruling; Lethal Injection In Georgia Ends 7-Month Pause." And The Atlanta Journal-Constitution reports that "Killer put to death." "Lawyers for Guantanamo Inmates Accuse U.S. of Eavesdropping": This article appears today in The New York Times. Posted at 08:35 AM by Howard Bashman "My Legal Cameo: Why We Convicted Thurman Stalker; Journal Reporter Goes Behind Scenes as Juror In Movie Star's Case." Wall Street Journal reporter Emily Steel today has this front page article in that newspaper. And The New York Times reports today that "The Pursuer of Thurman Is Convicted." "Court Decision Is Victory For Gay Marriage Backers": Today in The New York Sun, Joseph Goldstein has an article that begins, "Gay marriage advocates have won a partial victory in New York, as the state's highest court has left in place a lower court ruling that recognized a lesbian couple as being married." And The Rochester (N.Y.) Democrat and Chronicle reports today that "County at crossroads over same-sex benefits lawsuit." "Court upholds sanctions in Fieger suit against Mich. judge": The Associated Press provides this report. My earlier coverage of yesterday's Sixth Circuit ruling can be accessed here. Meanwhile, in somewhat related news, The Detroit Free Press reports today that "Lawyer feared Fieger prosecution; Staff bonuses worried him, he testifies." And The Detroit News reports today that "Fieger didn't tell him to hide memo, attorney testifies." Tuesday, May 06, 2008 "FBI comparing blasts for links": The San Diego Union-Tribune today contains an article that begins, "The pipe bomb that blasted through the front of the downtown federal courthouse early Sunday morning wasn't sophisticated, but it was built to kill and was powerful enough to hurl shrapnel two blocks." Posted at 10:55 PM by Howard Bashman "McCain Says He Would Put Conservatives on Supreme Court": This article will appear Wednesday in The Washington Post, along with an editorial entitled "Red Meat, Overdone: John McCain does the federal judiciary a disservice." Posted at 10:45 PM by Howard Bashman "Lynd is first person in U.S. executed since moratorium; Execution delayed for final checks with courts": The Atlanta Journal-Constitution provides this news update. And The Associated Press reports that "Ga. man executed, ending 7-month moratorium." "'Pants Suit' Judge Suing for Job, $1M in Damages": The Associated Press provides a report that begins, "A former judge who lost a $54 million law suit against a dry cleaners over a missing pair of pants is suing to get his job back and at least $1 million in damages." Posted at 06:15 PM by Howard Bashman "Pa. high court orders removal of Philly judge": The Associated Press provides a report that begins, "Pennsylvania's high court has removed a Philadelphia judge because she pleaded guilty to using a bogus Social Security number on credit-card applications 24 years ago." You can access today's ruling of the Supreme Court of Pennsylvania at this link. "Kansas Supreme Court sends Tiller grand jury case back to Sedgwick County": The Wichita Eagle provides a news update that begins, "In a ruling that gave both sides of the abortion rights debate reason to celebrate, the Kansas Supreme Court outlined instructions for a Sedgwick County district judge to follow in determining whether more than 2,000 patient records should be produced by a Wichita abortion clinic. The state's high court unanimously ruled today that while a citizen petitioned grand jury is constitutional, it needs oversight from a trial judge. Kansas is one of only a handful of states that allow such a grand jury." The Kansas City Star provides a news update headlined "Kansas high court upholds grand juries prompted by citizens." And The Associated Press reports that "Court limits grand jury power in abortion case." You can access today's ruling of the Supreme Court of Kansas at this link. "This is prosecutorial misconduct in its highest form; conduct in flagrant disregard of the United States Constitution; and conduct which should be deterred by the strongest sanction available." So concludes a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today, affirming the dismissal of federal criminal indictments against three individuals because the federal prosecutors "egregiously failed to meet [their] constitutional obligations under Brady and Giglio." Posted at 02:45 PM by Howard Bashman "Ga. court denies execution stay to Lynd": The Associated Press provides a report that begins, "The Georgia Supreme Court on Tuesday denied William Earl Lynd's request for a stay of execution, paving the way for him to become the first inmate in the nation to face execution since the U.S. Supreme Court ruled that lethal injection is constitutional. Lynd is scheduled to die at 7 p.m. He was convicted of kidnapping and killing his live-in girlfriend, 26-year-old Ginger Moore, shooting her three times in the face and head nearly 20 years ago." And The Atlanta Journal-Constitution provides a news update headlined "High court rejects appeal of man on death row; William Earl Lynd is scheduled to be executed Tuesday at 7 p.m." "McCain's judicial creed: Stay out of it." James Oliphant has this post at "The Swamp" blog of The Chicago Tribune. The web site of John McCain for President has now posted online the text of today's "Remarks By John McCain on Judicial Philosophy." "Court voids inmate's death sentence; Judge Lance Ito was one of three prosecutors who failed to turn over confession in killing, state justices rule": This article appears today in The Los Angeles Times. And Bob Egelko of The San Francisco Chronicle reports today that "Death sentence overturned for L.A. man." You can access yesterday's ruling of the Supreme Court of California at this link. "Man convicted in sex assault should be freed or retried, court rules; A federal appeals panel finds that a prosecution expert overstated the strength of DNA evidence; The man is serving a life sentence": The Los Angeles Times today contains an article that begins, "A Nevada man sentenced to life in prison for sexually assaulting a young girl should be freed or given a new trial because a prosecution expert exaggerated the strength of the DNA evidence against him, the U.S. 9th Circuit Court of Appeals ruled Monday. The ruling is thought to be one of the first of its kind in the country, experts said." And The Reno Gazette-Journal reports today that "Appeals court tosses rape conviction, criticizes scientist's DNA testimony." You can access yesterday's ruling from a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. "Quiet Va. Wife Ended Interracial Marriage Ban": This obituary appears today on the front page of The Washington Post. In addition, Neely Tucker has written an "appreciation" headlined "Mildred Loving Followed Her Heart and Made History." Today's edition of The New York Times contains an obituary headlined "Mildred Loving, Who Fought Marriage Ban, Dies." The Richmond Times-Dispatch contains an obituary headlined "Wife in interracial marriage case dies; Mildred Loving, 68, helped abolish last piece of segregation." And yesterday, The Free Lance-Star of Fredericksburg, Virginia published an obituary headlined "'Heroine' Mildred Loving dies at 68." You can access the U.S. Supreme Court's ruling from June 12, 1967 in Loving v. Virginia via this link. And you can listen to the oral argument of the case by clicking here. "McCain castigates Obama for voting against chief justice": The Associated Press provides a report that begins, "Republican John McCain castigated Democrat Barack Obama for voting against John Roberts as Supreme Court chief justice in a speech about the kind of judges McCain would nominate." Posted today at the John McCain for President web site is a news release headlined "John McCain's Vision For The Federal Judiciary." Sixth Circuit panel affirms the dismissal of attorney Geoffrey N. Fieger's vindictive prosecution action against Michigan Attorney General Michael Cox: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Coincidentally, Fieger is currently on trial in federal court on criminal charges of having made illegal monetary contributions to John Edwards' 2004 presidential campaign. In news coverage of that trial, The Detroit Free Press reports today that "Lawyer at Fieger's firm tells of FBI visit." The Detroit News reports today that "Lawyer testifies of Fieger prep talk." And last Saturday, The Detroit Free Press contained an article headlined "Lawyer for Fieger isn't taking static; Grumpy old man persona brings bit of humor to court" reporting on attorney Gerry Spence's defense of Fieger in the federal prosecution. "Justice System For Detainees Is Moving At a Crawl; No Sept. 11 Trials Likely Before Bush Leaves Office, Officials Say": This front page article appears today in The Washington Post. Posted at 08:55 AM by Howard Bashman "In One Flaw, Questions on Validity of 46 Judges": Today in The New York Times, Adam Liptak has this installment of his "Sidebar" column. Posted at 08:52 AM by Howard Bashman "Justice O'Connor brings experience, wisdom to Boston; Invited to sit in during cases at US courthouse": This article appears today in The Boston Globe. Today in The Providence Journal, Edward Fitzpatrick reports that "O'Connor hears R.I. land dispute." On Monday, The Arizona Republic reported that "Justice's adobe home slated for preservation." And Saturday's issue of The Minneapolis Star Tribune contained an article headlined "Ex-justice urges judges not to take the money if they run; Sandra Day O'Connor stresses the importance of a judiciary not shaped by donors with deep pockets." "Justice Ginsburg visits Anchorage; Supreme Court jurist speaks at lawyers' convention": The Associated Press provides this report. Posted at 08:45 AM by Howard Bashman "About that word 'abridging' in the First Amendment ..." Ronald K.L. Collins has this essay online at the First Amendment Center. Posted at 08:44 AM by Howard Bashman "Turner v. Safley: high drama, enduring precedent." David L. Hudson Jr. has this essay online at the First Amendment Center. Posted at 08:40 AM by Howard Bashman "A New York Appeals Court Allows Victims of the 1993 World Trade Center Bombing to Recover Massive Damages from the Port Authority: Should The Bombers' Culpability Have Lessened the Damages Award?" Anthony J. Sebok has this essay online today at FindLaw. Posted at 08:30 AM by Howard Bashman Available online from law.com: Tony Mauro has articles headlined "Judge Pay Hike May Be Running Out of Steam; Bill to raise salaries hitting snags in the Senate" and "David E. Kelley's 'Boston Legal' Takes On the Roberts Court." In other news, "Morgan Lewis Adds Texas Solicitor General." An article reports that "Online Pretrial Publicity Draws Fire; Lawyers posting detailed descriptions of ongoing cases may fuel bias, taint jury pool." And in news from Pennsylvania, "Having Sex With Your Entree? Not So Fast, Says Court; Commonwealth Court of Pennsylvania rules against Club Kama Sutra in dispute with city of Philadelphia." You can access last Friday's ruling of the Commonwealth Court of Pennsylvania at this link. "Central Texas man on death row maintains innocence as many believe his trial was unfair": Today's edition of The Dallas Morning News contains an article that begins, "Jurors sentenced Rodney Reed to death after DNA evidence showed he'd had sex with 19-year-old Stacy Stites, found strangled in the brush off a remote country road. But a decade since Mr. Reed, who is black, first proclaimed his innocence, the case that rocked the small Central Texas town of Bastrop remains on appeal -- amplified by an online movement to free Mr. Reed and continued scrutiny of Texas' use of the death penalty in racially charged cases." Posted at 08:20 AM by Howard Bashman "Execution date for teens' killer set for Aug. 5; Medellin's lawyer hopes to stop it, saying client didn't get to talk to consulate": This article appears today in The Houston Chronicle. And The Fort Worth Star-Telegram reports today that "Harris County judge sets execution date." "Lethal injection still set tonight; Clemency denied, but lawyers for killer of girlfriend hope the state Supreme Court will grant a stay today": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "Condemned killer William Earl Lynd was denied clemency Monday, setting him on course to be executed by lethal injection tonight. Unless granted a stay, Lynd will be the first inmate executed nationwide since September when the U.S. Supreme Court decided to hear a challenge to lethal injection procedures. Last month, the court upheld the constitutionality of lethal injection, ending a de facto moratorium on executions." Posted at 08:14 AM by Howard Bashman "Strip clubs ask Texas high court to stop fee collection": The Houston Chronicle today contains an article that begins, "An association representing strip clubs asked the Texas Supreme Court on Monday to stop the state from collecting a new fee that a trial court has ruled unconstitutional." Posted at 08:10 AM by Howard Bashman Monday, May 05, 2008 Justice Antonin Scalia appeared on yesterday's broadcast of C-SPAN's "Q & A": You can now view the video online, on demand, by clicking here (RealPlayer required). Sometime soon, C-SPAN will post a transcript of Justice Scalia's appearance at this link. Posted at 02:45 PM by Howard Bashman "Explosion damages federal courthouse": The San Diego Union-Tribune today contains an article that begins, "A pipe bomb or group of pipe bombs exploded at the Edward J. Schwartz U.S. Courthouse downtown early yesterday, sending shrapnel flying hundreds of yards." And The Los Angeles Times reports today that "Explosion rattles federal courthouse in San Diego; The early-morning blast shatters glass and damages lobby, but no one is injured." "Why We Need a Shield Law": In today's edition of The Washington Post, U.S. Senator Arlen Specter (R-Pa.) has an op-ed that begins, "Attorney General Michael Mukasey is wrong when he says we do not need a federal media shield law." Posted at 09:00 AM by Howard Bashman "Ye Shall Be Judged -- Not": Today in The Washington Post, Michael Abramowitz's "In the Loop" column begins, "President Bush hasn't been having an easy time lately with Congress: One case in point is the ongoing confrontation over his judicial nominations." Posted at 08:55 AM by Howard Bashman "Fiscal Pressures Lead Some States to Free Inmates Early": This front page article appears today in The Washington Post. Posted at 08:54 AM by Howard Bashman "Justice Ginsburg on Women in the Law": You can view this past Saturday's broadcast of C-SPAN's "America and the Courts" by clicking here (RealPlayer required). Posted at 08:25 AM by Howard Bashman Available online from law.com: An article reports that "11th Circuit OKs Suit Based on Sexual Language in Office; Panel allows suit for language derogatory to women -- but not aimed at the plaintiff -- to go forward." You can access last Monday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. And in other news, "Grand Jury Indicts Texas Supreme Court Justice's Wife on Felony Counts of Arson." My most recent earlier coverage appears at this link. "Texas Supreme Court overturns Mansfield couple's award against homebuilder": Saturday's edition of The Dallas Morning News contained an article that begins, "The Texas Supreme Court ruled Friday in favor of Houston homebuilder Bob Perry, the state's most prolific campaign contributor, in a case homeowner advocates say reflects the influence of big money over elected judges." The Houston Chronicle reported on Saturday that "Court tosses award against Perry Homes; $800,000 given in arbitration case to house owners voided in 5-4 ruling." And The Associated Press reports that "Texas Supreme Court ruling sides with prolific donor." Friday's ruling of the Supreme Court of Texas consisted of the opinion of the court; a concurring opinion; and two opinions concurring in part and dissenting in part (here and here). Sunday, May 04, 2008 "When Law Prevents Righting a Wrong": Adam Liptak has this article in the Week in Review section of today's issue of The New York Times. Posted at 11:38 PM by Howard Bashman "Bomb explodes at federal courthouse in San Diego; The early-morning blast shatters glass and damages lobby, but no one is injured": The Los Angeles Times provides this news update. And The San Diego Union-Tribune provides a news update headlined "Bomber targets San Diego courthouse." According to the article, "The FBI announced Sunday afternoon that the courthouse, on Front Street near Broadway, would be closed Monday." Saturday, May 03, 2008 "Deal Struck on Pakistan Judges; Ruling Coalition Agrees to Reinstate Chief Justice, 60 Others": This article appears today in The Washington Post. And The New York Times reports today that "Agreement Will Restore Court Judges in Pakistan." "Court reinstates death sentence": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court reinstated the death sentence of a self-described professional robber Friday for fatally stabbing two men during the burglary of a Los Angeles-area drug dealer's home in 1982." You can access yesterday's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. "Hey, What About the 24th? The constitutional amendment about voting rights that the Supreme Court forgot." Bruce Ackerman and Jennifer Nou have this jurisprudence essay online at Slate. Posted at 08:30 PM by Howard Bashman "Suits question how Kan. prosecutor handled abortion records": The Associated Press provides this report. Posted at 07:55 PM by Howard Bashman "Zion mans hopes judge will let him change his name to 'In God We Trust'": The Daily Herald of Arlington Heights, Illinois contains this article today. Posted at 07:50 PM by Howard Bashman "After Hiatus, States Set Wave of Executions": This article appears today in The New York Times. Posted at 07:47 PM by Howard Bashman Friday, May 02, 2008 "Writing, Cognition, and the Nature of the Judicial Function": Law Professor Chad M. Oldfather has this article in the April 2008 issue of The Georgetown Law Journal (via "Concurring Opinions"). Posted at 09:00 PM by Howard Bashman "Rational Judicial Behavior: A Statistical Study." William M. Landes and Richard A. Posner have posted this article (abstract with links for download) online at SSRN (via "Legal Theory Blog"). Posted at 08:54 PM by Howard Bashman "Lethal injection: a one-drug alternative?" Lyle Denniston has this post at "SCOTUSblog." Posted at 08:37 PM by Howard Bashman "University of Portland to Honor Circuit Judge Edward Leavy": The U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday. Posted at 05:45 PM by Howard Bashman D.C. Circuit reinstates lawsuit filed by man seeking a court order requiring the Attorney General to act on the man's request to renounce his United States citizenship: You can access today's ruling at this link. In seeking to renounce his citizenship, the man was relying on a statutory provision codified at 8 U.S.C. sec. 1481(a)(6). Posted at 10:52 AM by Howard Bashman "The victim's voice: Statements by a woman murdered by her boyfriend should be allowed to stand in his conviction." Today's edition of The Los Angeles Times contains an editorial that begins, "In a case reminiscent of the story of the boy who killed his parents and then asked for mercy because he was an orphan, the U.S. Supreme Court has been asked to overturn a California man's murder conviction because the victim's statements about his violent nature were read in court. The case is legally more complex than the apocryphal story about the orphan, but the principle is the same: A defendant shouldn't benefit from silencing his accuser." Posted at 10:01 AM by Howard Bashman "Court says feds don't have to reveal names": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The federal government doesn't have to reveal the names of employees involved in a bungled operation to a private watchdog group that doesn't trust official investigations of the incident, a federal appeals court ruled Thursday." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Court Orders Tyson to Suspend Ads For Antibiotic-Free Chicken": The Washington Post today contains an article that begins, "Poultry giant Tyson Foods has 14 days to dismantle a national multimillion dollar ad campaign centered on the claim that its chickens are raised without antibiotics, a federal appeals court in Richmond ruled yesterday." And The Baltimore Sun reports today that "Tyson bid denied for stay on pulling drug-free ads." I have posted online at this link Wednesday's order of the U.S. Court of Appeals for the Fourth Circuit. "Notes From the War on Terror": Today's edition of The New York Times contains an editorial that begins, "For more than a year, President Bush has refused to honor legitimate requests from the Democratic majority in Congress for legal documents that he used to justify ordering the abuse, humiliation and torture of prisoners. This week, the Justice Department finally agreed to show some papers to members of the House and Senate. Sounds like good news? Not so much." Posted at 09:38 AM by Howard Bashman "Al Jazeera TV journalist released; At Guantanamo, a long-held Arab cable news journalist was freed, while a military judge denied a Canadian captive's 'child soldier' defense": Carol Rosenberg has this article today in The Miami Herald. And The New York Times reports today that "Cameraman Is Released From Guantanamo." "Teacher fired for refusing to sign loyalty oath; Cal State system ousts another instructor who objects on religious grounds to a pledge adopted by California in 1952 to root out communists": The Los Angeles Times contains this front page article today. Posted at 09:32 AM by Howard Bashman "McCain's Birth Abroad Stirs Legal Debate; His Eligibility for Presidency Is Questioned": This article appears today in The Washington Post. Posted at 09:27 AM by Howard Bashman "False Claims Gold Rush": The Wall Street Journal today contains an editorial that begins, "Imagine handing the tort bar a huge new lawsuit business, funded with dollars owed to taxpayers. Imagine that those doing this favor are Senate Democrats and Republicans. Welcome to the legal gold rush occurring under the cover of 'reforming' the False Claims Act." Posted at 09:05 AM by Howard Bashman "The verdict on 'Thurgood': It's excellent." This theater review appears today in USA Today. Posted at 09:00 AM by Howard Bashman "Amazon.com Sues To Strike Down New N.Y. Tax Law": Today in The New York Sun, Joseph Goldstein has an article that begins, "Amazon.com is fighting back with a lawsuit trying to strike down New York state's new law forcing the online retailer to collect sales taxes on the state's behalf. The dispute, which is before a state court in Manhattan, is heading toward a constitutional showdown that will center on whether New York State is hindering interstate commerce by imposing on out-of-state companies, such as Amazon.com, the burden of serving as a tax collector for New York." And The New York Times reports today that "Amazon Sues Over State Law on Collection of Sales Tax." "Giuliani's Next Campaign: Appellate Limelight; Recent key additions signal bid to take on established players." This article appears in this week's issue of The National Law Journal. Posted at 08:55 AM by Howard Bashman "Overpaid Judges": The New York Sun today contains an editorial that begins, "If the judges in the State of New York want to understand why the people of the State of New York haven't raised their pay in nearly a generation, let them study the decision handed down this week by Judge Jonathan Lippman in the case involving the first bombing of the World Trade Center. It's hard to recall a decision that is more outrageous. Judge Lippman, whom Governor Spitzer appointed to the First Department, upheld the notion that the Port Authority was 68% liable for the 1993 World Trade Center bombing, while the terrorists were only 32% liable." And yesterday in that newspaper, Theodore Frank had a related op-ed entitled "Blame Port Authority." My earlier coverage of the ruling appears at this link. "Woman can sue Marshall over ban on dancing": Yesterday's edition of The Ashville (N.C.) Citizen-Times contained an article that begins, "A Madison County woman banned seven years ago from a Marshall dance hall on allegations that her gyrations were sexually suggestive has won the right to take her lawsuit against the town to trial. A three-judge panel of the 4th Circuit Court of Appeals in Richmond, Va., issued a ruling Wednesday overturning the 2003 dismissal of Rebecca Willis' lawsuit. The decision means the case can proceed to trial on the question of whether the town violated her constitutional right to equal protection under the 14th Amendment by singling her out and banning her for life from the town’s public music arena, said her attorney, Jon Sasser, of Raleigh." The article also features a photograph of the plaintiff. My earlier coverage of Wednesday's Fourth Circuit ruling appears at this link. "Significant risks: Gonzales v Carhart and the future of abortion law." Pulitzer Prize-winning historian David J. Garrow will have this interesting essay as the lead piece in this year's issue of The Supreme Court Review. Posted at 08:34 AM by Howard Bashman "Behind the Delays in Confirming Judges: What the partisan battles mean to Bush's legal legacy." Emma Schwartz has this article online at U.S. News & World Report. CQ Politics reports that "Leahy's Action on Judges Not What Senate Republicans Had in Mind." And at "The Swamp" blog of The Chicago Tribune, James Oliphant has a post titled "Showdown over federal judges looming." "Marshal faces World Series investigation; Deputies allegedly drove Fox announcers to Fenway": The Boston Globe today contains an article that begins, "Federal authorities are investigating whether the head of the US Marshals Service in Boston assigned deputy marshals, normally charged with tracking fugitives and protecting judges, to ferry Fox Sports broadcasters Tim McCarver and Joe Buck between their hotel and Fenway Park during last year's World Series. The Justice Department's office of the inspector general in Boston is looking into whether Yvonne Bonner overstepped her authority as acting US Marshal in Boston or violated any ethics rules by allegedly ordering her deputies to essentially serve as private taxi drivers, according to two law enforcement officials and other people familiar with the investigation." Posted at 08:18 AM by Howard Bashman Thursday, May 01, 2008 "Ore. court rejects medical costs claim on tobacco industry": The Associated Press provides a report that begins, "The same Oregon court that slapped Big Tobacco with a huge punitive damages award has handed the industry a victory by rejecting a class-action lawsuit for medical monitoring costs in a case where harm had yet to occur. Oregon's high court ruled unanimously Thursday that smokers must show actual harm to make a negligence claim against cigarette manufacturers - not just the possibility they will be harmed." You can access today's ruling of the Supreme Court of Oregon at this link. "6th Circuit to Rehear Major NCLB Case": At "The School Law Blog" of Education Week, Mark Walsh has a post that begins, "A federal appeals court today agreed to re-examine a ruling by a panel of the court that revived a lawsuit challenging the No Child Left Behind Act for imposing unfunded mandates on states and school districts." Today's order grants rehearing en banc of a ruling that a divided three-judge panel issued in January 2008. My earlier coverage of that ruling appears at this link. "Fourth Circuit Decides Two Important Campaign Finance Cases, Raising Issues that Could Get En Banc or Supreme Court Attention": Law Professor Rick Hasen has this post at his "Election Law" blog. Posted at 04:05 PM by Howard Bashman Unanimous three-judge Fourth Circuit panel rejects constitutional challenge to North Carolina's system of voluntary public financing for candidates seeking election to that state's appellate courts: Attorney James Bopp, Jr. was on the winning side of the case mentioned in the post immediately below, but Bopp ends up on the losing side of this ruling, which the U.S. Court of Appeals for the Fourth Circuit also issued today. The judge who wrote the dissenting opinion in the decision discussed immediately below wrote the opinion of the court rejecting the challenge to the public financing of campaigns for appellate judgeships. He was the only judge involved in these two rulings who served on both panels. Divided three-judge Fourth Circuit panel holds unconstitutional various provisions of North Carolina's law governing the financing of political campaigns: You can access today's ruling, on a challenge brought by the organization North Carolina Right to Life, Inc., at this link. Posted at 03:22 PM by Howard Bashman "Federal appeals court won't yet overturn 'Plan B' ruling": Reuters provides a report that begins, "A federal appeals court on Thursday left in place a lower court's ruling that allowed Washington state pharmacists to refuse to sell emergency contraceptive 'morning after' pills on religious grounds." You can access today's order of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. After all, the case did involve trying to recoup from the federal government the value of lost medication to facilitate weight loss and to prevent baldness and erectile dysfunction: The price of liberty can be steep, the U.S. Court of Appeals for the Federal Circuit today reminds AmeriSource Corporation. The concluding paragraph of an opinion that a unanimous three-judge Federal Circuit panel issued today begins, "It is unfair that any one citizen or small group of citizens should have to bear alone the burden of the administration of a justice system that benefits us all. But the war memorials only a short distance from the Federal Circuit courthouse remind us that individuals have from time to time paid a dearer price for liberties we all enjoy." Accordingly, the Federal Circuit has today affirmed the rejection of AmeriSource's request to recover $150,826.26 from the federal government, representing the lost value of Viagra, Propecia, and Xenacil that the federal government seized in a criminal investigation. "Alleged Driver for Bin Laden Boycotts Military Hearing": The Washington Post contains this article today. And today in The Miami Herald, Carol Rosenberg reports that "Bin Laden's driver can send notes to detainees." "Closing Arguments in Suit on Veterans' Mental Care": This article appears today in The New York Times. And today in The San Francisco Chronicle, Bob Egelko reports that "Vets' case rests with call to overhaul system." "Dead soldiers' parents seek class action for T-shirt lawsuit": The Associated Press provides a report that begins, "A Tennessee couple who lost their son in Iraq want an Arizona merchant to pay more than $40 billion in damages to survivors of soldiers whose names are on the anti-war shirts he is selling online. A complaint seeking class-action status for the lawsuit by Robin and Michael Read says Dan Frazier of Flagstaff has no right to profit from commercial sale of products that use the dead soldiers' names without permission." And last Friday, The Arizona Republic reported that "Tenn. family sues maker of war T-shirt." "Justice Dept. Will Share Interrogation Opinions": The New York Times today contains an article that begins, "In a partial concession to Congressional pressure, the Bush administration agreed on Wednesday to show the Senate and House Intelligence Committees secret Justice Department legal opinions justifying harsh interrogation techniques that critics call torture." And The Washington Post reports today that "Lawmakers to See Secret Documents." John P. Elwood, deputy assistant attorney general for the Office of Legal Counsel, was the Justice Department's representative who testified at yesterday's hearing of the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Property Rights. The title of yesterday's hearing was "Secret Law and the Threat to Democratic and Accountable Government." You can view video of the hearing by clicking here (RealPlayer required). "U.S. Appeals Court Rejects City's Suit to Curb Guns": This article appears today in The New York Times. Today in The New York Sun, Joseph Goldstein reports that "Bloomberg Anti-Gun Suit Suffers a Blow." The New York Daily News reports that "Appeals court dismisses NYC's suit against gun makers." The New York Post reports that "City suit misfires; Gun makers win." And law.com reports that "2nd Circuit Dismisses NYC's Suit Against Gun Manufacturers; Gun makers found insulated under U.S. law." My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Trials and Triumphs on the Road to Justice": The New York Times today contains this review of the new play "Thurgood," which officially opened on Broadway last night. The review calls the play "surprisingly absorbing, at times even stirring." And a review from Hollywood Reporter via Reuters is headlined "Fishburne wins case in rather dry 'Thurgood.'" "Law Professor Accuses Students of Defamation": This article appears today in The New York Times. Posted at 08:38 AM by Howard Bashman "Cuomo Balks in Case on Judges' Pay; Refuses to Lead Defense in Judge Kaye's Lawsuit": Joseph Goldstein has this article today in The New York Sun. Posted at 08:28 AM by Howard Bashman "Feds ask for review of Nacchio case; Responding to a decision to toss Nacchio's conviction, Justice requests a rehearing before the full 10th Circuit": This article appears today in The Denver Post. And The Rocky Mountain News reports today that "U.S. tries long shot on Nacchio; Appeals court asked to affirm 2007 conviction." You can view at this link the federal government's petition for rehearing en banc filed yesterday in the U.S. Court of Appeals for the Tenth Circuit. "Grand jury indicts justice's wife on arson charge": The Houston Chronicle provides a news update that begins, "For the second time, a Harris County grand jury indicted the wife of Texas Supreme Court Justice David Medina, alleging she burned down the couple's Spring home and damaged two neighbors' homes in a fire last year." law.com reports that "Second Grand Jury Looking Into Fire at Texas Justice's House." And The Associated Press reports that "Texas Supreme Court justice's wife re-indicted in house fire." Wednesday, April 30, 2008 San Diego Padres 4, Philadelphia Phillies 2: I was at Citizens Bank Park in Philadelphia this evening with some friends, to watch the Phillies host the Padres on Toyota Jamie Moyer 2007 NL East Champions Bobble Figurine night. Moyer, who happened to be this evening's starting pitcher for the Phillies, recorded his first base hit of the season. Unfortunately, the Phillies did not win the game, and Moyer took the loss. On the bright side, the Phillies are off to their best start in years and are just one-half game out of first place in the National League East. You can access the box score of tonight's game at this link, while wraps from MLB.com are available here and here. Fourth Circuit again reinstates "dirty dancing" plaintiff's equal protection claim: Back on October 7, 2005, I had a post titled "Allegedly provocative dancer banished, due to her supposedly suggestive moves, from dances held at town's community center brings federal civil rights claim and wins a portion of her Fourth Circuit appeal from an order dismissing the case" reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued that day. On remand, following discovery, the federal district court granted summary judgment against the plaintiff on her equal protection claim. Today, however, a unanimous three-judge Fourth Circuit panel, by means of a non-precedential ruling, has reversed the grant of summary judgment and has remanded the case for trial. As a result, it appears that the U.S. District Court for the Western District of North Carolina, at Asheville, will soon need to conduct a "dirty dancing"-related trial. And another Fourth Circuit appeal in this case could result therefrom. "US murky on judges' role in reviewing Guantanamo Bay cases": The Associated Press provides a report that begins, "The Bush administration assured the Supreme Court last December that Guantanamo Bay prisoners who felt they were unfairly being detained could have their cases thoroughly reviewed by a federal appeals court. Now, it's not so clear." Posted at 03:00 PM by Howard Bashman "Abortion ultrasound bill fails on tie vote": The Miami Herald provides a news update that begins, "A proposed law requiring all Florida women seeking an abortion to have an ultrasound -- then have a chance to view the image and have it explained to her -- failed in a tie vote Wednesday after almost 90 minutes of impassioned debate about privacy, pregnancy and women's rights that crossed party lines." Posted at 12:47 PM by Howard Bashman "People of Lesbos take gay group to court over term 'Lesbian'": The Associated Press provides a report that begins, "A Greek court has been asked to draw the line between the natives of the Aegean Sea island of Lesbos and the world's gay women." Posted at 12:10 PM by Howard Bashman Best wishes to the anonymous author of the "Decision of the Day" blog: As this post from today indicates, the blog may have reached its conclusion. Posted at 11:48 AM by Howard Bashman "Circuit Court will make rare Albany sitting": The Times Union of Albany, New York today contains an article that begins, "Court junkies, take notice. For the first time in recent memory, the U.S. Court of Appeals for the 2nd Circuit -- an appellate court in the federal system -- is coming to Albany next month to hear cases." According to the article, this marks the first time since 1994 or 1995 that the Second Circuit has heard oral argument outside of New York City. Posted at 11:22 AM by Howard Bashman Second Circuit holds that the Protection of Lawful Commerce in Arms Act requires dismissal of New York City's lawsuit, against manufacturers and wholesale sellers of firearms, seeking injunctive relief to inhibit the diversion of guns into illegal markets: You can access today's ruling, by a divided three-judge panel, at this link. At the blog "Wait A Second!" Stephen Bergstein discusses the ruling in a post titled "Statute prohibiting lawsuits against gun industry is constitutional." Update: The Associated Press reports that "Appeals court tosses out NYC lawsuit against gun industry." "Justices come off the bench to chat; Possibly signaling a new era of openness, Scalia and several court colleagues are granting interviews": James Oliphant has this article today in The Chicago Tribune. Posted at 11:08 AM by Howard Bashman "Bin Laden's driver 4th to boycott military trials; Despite a judge's pleas, Osama bin Laden's driver Salim Hamdan apologetically declared a boycott of his trial at Guantanamo Bay": Carol Rosenberg has this article today in The Miami Herald. The Washington Post reports today that "Guantanamo Detainee Rejects Court Procedure." And The New York Times contains an article headlined "An Apologetic Boycott in Good-Natured Banter." "Florida abortion bill debate gets hypothetical; The Senate debate over a bill that would require women seeking abortions to first pay for a sonogram turned to hypothetical scenarios": This article appears today in The Miami Herald. Posted at 09:30 AM by Howard Bashman "Supreme Court is rejecting broad legal challenges; Its ruling on Indiana's voter ID law signals that the justices want evidence of actual violations of constitutional rights": David G. Savage has this article today in The Los Angeles Times. Posted at 09:25 AM by Howard Bashman "State Asks Supreme Court to Permit Execution; Defense Objects to Lethal Drug Protocol": Today in The Washington Post, Robert Barnes has an article that begins, "The U.S. Supreme Court will consider next month whether to allow Virginia to set an execution date for a death row inmate who contends that the commonwealth's lethal injection procedures do not meet the standards that the court recently found constitutional." Posted at 09:22 AM by Howard Bashman "Lawyer Urges Canada to Try a Citizen Held by U.S. Forces": This article appears today in The New York Times. The Toronto Globe and Mail reports today that "Khadr a typical Canadian, lawyer says; In first appearance before parliamentary committee, defence team pushes for repatriation of Canadian accused of killing U.S. soldier." And The Toronto Star contains an article headlined "Canada is Khadr's 'only hope'; Accused war criminal wouldn't be a risk if returned, his U.S. military lawyer tells Commons committee." "Judge Dismisses Connecticut's Challenge to Education Law": The New York Times today contains an article that begins, "A federal judge has dismissed a closely watched challenge to President Bush's signature education law, ruling that the State of Connecticut failed to prove that federal officials had forced it to spend its own money to comply with the law’s requirements." And The Hartford Courant reports today that "Last Of State's No-Child Suit Dismissed." You can access at this link Monday's ruling of the U.S. District Court for the District of Connecticut. "Montana Museum Board Breached Duty, Court Says": Today's edition of The New York Times contains an article that begins, "The Montana Supreme Court dismissed on Tuesday the board of the Charles M. Bair Family Museum in Martinsdale, Mont., saying it breached its fiduciary duties by closing the museum in 2002." The Billings Gazette reports today that "Board erred in closing Bair museum, high court rules; Ruling orders trustee to replace board members." And The Great Falls Tribune reports today that "Ruling will keep Bair home open." You can access yesterday's ruling of the Supreme Court of Montana at this link. In addition, the briefs filed in the case can be accessed via this link. "Foreign Law and the First Amendment: How British courts threaten free speech in America." Floyd Abrams has this op-ed today in The Wall Street Journal. Posted at 08:40 AM by Howard Bashman "Judicial Nominee Argued Against Education Dept." Today in The New York Sun, Joseph Goldstein has an article that begins, "A lawyer who recently argued a case at the U.S. Supreme Court against the city's Department of Education has been nominated for a federal judgeship in New York." And today in The Salt Lake Tribune, Pamela Manson reports that "Bush picks SLC trial lawyer Waddoups for federal judgeship." You can view the official announcement of yesterday's federal judicial nominations at this link. "Rambus Wins on Shredding Appeal": law.com provides this report. And Reuters reports that "Rambus says court sides with it in Samsung suit." You can access yesterday's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. "Tension Mounts Over U.S. Bench Vacancies; A total of 28 nominees await approval; some deals are being made": Pamela A. MacLean has this article in this week's issue of The National Law Journal. Posted at 08:09 AM by Howard Bashman "Kennedy v. Louisiana and the Lessons of a Supreme Court Oral Argument": Sherry F. Colb has this essay online today at FindLaw. Posted at 08:05 AM by Howard Bashman Tuesday, April 29, 2008 "Port Authority Liable in 1993 Trade Center Attack": The New York Times on Wednesday will contain an article that begins, "A state appeals court ruled on Tuesday that the Port Authority was liable for damages caused by the 1993 World Trade Center bombing, because it knew about but chose to ignore 'an extreme and potentially catastrophic vulnerability that would have been open and obvious to any terrorist who cared to investigate and exploit it.'" And The Associated Press reports that "Agency loses appeal in 1993 World Trade Center bombing case." You can access today's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link. "State appeals ceded lands ruling to U.S. Supreme Court": The Honolulu Star-Bulletin provides this news update. And The Honolulu Advertiser provides a news update headlined "State appeals ceded lands ruling." "Sun-Times, Trib ask court to unseal R. Kelly documents, proceedings": The Chicago Sun-Times today contains an article that begins, "News organizations asked the Illinois Supreme Court on Monday to order a judge to unseal court documents and proceedings in R&B star R. Kelly’s child pornography case." Posted at 11:00 PM by Howard Bashman "Judge in veil case to issue written ruling; Woman takes case to federal court; lawyer says rights violated": The Detroit Free Press provides a news update that begins, "A Muslim woman who lost a small-claims suit in Hamtramck district court in 2006 after she refused to remove her religious veil during testimony took her case before a federal judge today, hoping to overturn the district judge's decision and establish precedent in eastern Michigan courtrooms." Posted at 08:32 PM by Howard Bashman |