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Wednesday, January 31, 2007 "Love Us! It's no coincidence that the Supreme Court's caseload is down, and the justices' television appearances are up." Dahlia Lithwick will have this essay in the February 2007 issue of The American Lawyer. Posted at 11:30 PM by Howard Bashman "Key Lawmakers Getting Files About Surveillance Program": This article will appear Thursday in The New York Times. The Washington Post on Thursday will report that "Records on Spy Program Turned Over to Lawmakers." The Los Angeles Times provides a news update headlined "White House to share surveillance with Congress." And McClatchy Newspapers report that "Lawmakers receive details of government surveillance program." "Lawsuit challenging U-M undergraduate admissions policy dismissed after 10 years; Plaintiffs will receive $10K each to cover costs; no damages": The Detroit News provides this update. And The Associated Press provides a report headlined "Mich. Affirmative Action Lawsuit Settled" that begins, "A lawsuit that prompted a 2003 U.S. Supreme Court decision over affirmative action admissions policies at the University of Michigan was settled Wednesday, concluding a nearly decade-old legal battle." On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "PBS Launches Documentary on U.S. Supreme Court" (featuring Law Professor Jeffrey Rosen); "Reporter Says Libby, Rove Told Him of Plame's Work" (featuring Nina Totenberg); and "Attorney General Promises to Detail Spying Program." RealPlayer is required to launch these audio segments. "Judge Shelves Gitmo Detainee Cases": The Associated Press provides a report that begins, "Sixteen lawsuits by Guantanamo Bay detainees were put on hold Wednesday by a federal judge who said he may no longer have jurisdiction to hear their cases. U.S. District Court Judge Reggie B. Walton in Washington said the Military Commissions Act, signed into law in October, has left him unable to consider whether the detainees can challenge being held at the Marine facility in Cuba." Posted at 08:24 PM by Howard Bashman "Child porn evidence law upheld by judge; He says courts can intervene to give defendant access": The Associated Press provides a report that begins, "Federal restrictions on access to evidence in child pornography cases is constitutional because courts can intervene if the government doesn't give a defendant 'ample opportunity' to inspect the material, a judge has ruled. U.S. District Judge Robert Payne rejected David L. Knellinger's claim that a provision of the Adam Walsh Child Protection and Safety Act violates his constitutional right to a fair trial. The Richmond man is charged with seven child porn counts. However, the judge also ruled that federal authorities have failed to make Knellinger's computer hard drive 'reasonably available' for examination by defense experts at a government facility. He ordered the government to provide the defense a copy of the hard drive." I have posted online at this link last Thursday's ruling of the U.S. District Court for the Eastern District of Virginia. "Whose War Powers?" Law Professor Noah Feldman will have this essay (TimesSelect subscription required) in the Sunday, February 4, 2007 issue of The New York Times Magazine. Posted at 05:00 PM by Howard Bashman Retired Justice Sandra Day O'Connor ranks first with the Ninth Circuit, but not with the Second Circuit: When the U.S. Court of Appeals for the Ninth Circuit earlier this month issued an opinion from a three-judge panel on which Retired Justice O'Connor sat by designation, she was listed first in the opinion's identification of the three judges who decided the appeal. Today, the U.S. Court of Appeals for the Second Circuit issued the first published opinion from a three-judge panel on which Retired Justice O'Connor sat by designation, and she is listed third in the opinion's identification of the three judges who decided the appeal. Of course, this doesn't conclusively establish that the Second Circuit doesn't like Justice O'Connor as much as the Ninth Circuit. Rather, it merely proves that the different regional federal appellate courts follow somewhat different rules governing the order in which the judges on the three-judge panel that decided the case are listed on an opinion. It would be interesting to see whether the Ninth Circuit would list Justice O'Connor first if the Ninth Circuit's Chief Judge were also sitting on the same three-judge panel. "Group drops Prop 2 lawsuit; U-M admissions plans resolve issue, CIR says": The Ann Arbor News contains this article today. And The Detroit Free Press reports today that "Lawsuit against U-M is dropped." "Indiana Supreme Court visits law school": This article appears today in The Indiana Daily Student. Posted at 03:48 PM by Howard Bashman "Supreme court justice to retire": The Portland Press Herald today contains an article that begins, "Maine Supreme Judicial Court Justice Howard Dana will retire from the bench in March, Chief Justice Leigh Saufley announced Tuesday." Posted at 03:45 PM by Howard Bashman "On TV: PBS Tackles the Supreme Court." This review appears online today at AmericanHeritage.com. Posted at 03:44 PM by Howard Bashman "Harvard Law School to launch Supreme Court and Appellate Litigation Clinic": The Harvard Law School issued this news release yesterday. According to the news release, "Former acting solicitor general Walter Dellinger will lead the clinic." Posted at 03:40 PM by Howard Bashman Lawsuit to desegregate Alabama's system of higher education cannot now be used to secure adequate funding for that State's K-12 public schools: The U.S. Court of Appeals for the Eleventh Circuit issued this decision today. Posted at 03:14 PM by Howard Bashman "Roberts' Reflections Highlight Supreme Court Documentary": Law Professor Stephen Wermiel has this review online at "The Politico." Posted at 03:11 PM by Howard Bashman "South Dakota to Consider Revised Ban on Abortion": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." Posted at 02:45 PM by Howard Bashman Metropolitan News-Enterprise is reporting: Available online today are articles headlined "Court: Employer May Consent to Search of Worker's Computer" and "Ninth Circuit Upholds Convictions in Reservation Fire Death; Concurring Judge Suggests Life-Without-Parole Sentences an 'Extreme Injustice.'" My coverage of those two recent Ninth Circuit rulings can be accessed here and here. "Spying case appeal begins; Judge ruled domestic surveillance is illegal; some expect case to be sent back to Detroit": This article appears today in The Detroit News. And The Associated Press reports that "Anti-terror program subject of constitutional arguments." "Experts Offer Glimpse into Workings of Supreme Court: The Supreme Court's responsibility as upholder of the Constitution at times puts it in the spotlight when controversy arises; Two authors of recent books Jeffrey Rosen and Jan Crawford Greenburg discuss the court's place in history and the makeup of the current bench." I previously linked here to online audio of this segment from Monday's broadcast of PBS's "The NewsHour with Jim Lehrer." Now you can also access the transcript and streaming video (Windows Media Player required). Posted at 02:15 PM by Howard Bashman "Justice to Release Spy Program Details": The Associated Press provides a report that begins, "Attorney General Alberto Gonzales said Wednesday he will turn over secret documents detailing the government's domestic spying program, ending a two-week standoff with the Senate Judiciary Committee over surveillance targeting terror suspects." Posted at 01:38 PM by Howard Bashman Getting banned from a federal court's library for misbehavior didn't result in an appealable order: Seventh Circuit Judge Richard A. Posner is the author of today's contribution to this blog's jurisprudence of the library. Earlier entries in this canon can be accessed here and here. Posted at 01:28 PM by Howard Bashman Still searching for that elusive Justice Hamburger: In a review of the PBS program "The Supreme Court" published today in The Los Angeles Times, that newspaper's TV reviewer includes among the list of things that he learned from watching the telecast that "There was a justice named Hamburger and a justice named Frankfurter." As this list of U.S. Supreme Court Justices confirms, there never was any Justice Hamburger. The attempt at humor probably would have worked just as well had the reviewer written that "[t]here was a justice named Burger and a justice named Frankfurter," and it would have had the added benefit of being correct. I've scanned through the transcripts of the four-hour show (available via this link) to try to understand better how a TV reviewer might get the idea that a Justice Hamburger actually existed. At one point, the narrator states, "But try as he might, Chief Justice Burger was not equipped to build a conservative majority on the Court. He was never going to lead the cou[r]t to revolution. The job of leadership would fall to a man who cared for no perquisites--comfy Wallabies on his big feet and a cheeseburger for lunch--Bill Rehnquist." So, the segment contains no mention of any hamburger, but there is a mention of a cheeseburger. At another point in the transcript, one of the many commentators states, "Burger was a ham-handed Chief Justice. He wasn't particularly competent in his opinion writing. It's good to see him go. And no one ever looked back." Apparently ham-handed Burger equals Justice Hamburger. That's as close to an explanation as the transcript of hour four provides. To access the two earlier posts in this Justice Hamburger series, simply click here and here. Update: An internet savvy historian emails to note that a web search reveals a Judge Hamburger whose cottage was flame-broiled in the Great Cape May Fire of 1878. "Ex-con posing as lawyer gets 6-month term; Judge calls actions insult to attorneys": The Chicago Tribune contains this article today. And The Chicago Sun-Times reports today that "Judge ignores apologies, sentences 'lawyer' to 6 months." "Abortion ban back again for debate; This time, bill offers exception for rape": This article appeared yesterday in The Argus Leader of Sioux Falls, South Dakota. Posted at 11:08 AM by Howard Bashman "Government Reply Brief in NSA/FISA Case": Marty Lederman has this post (linking to that brief) at "Balkinization." Posted at 10:50 AM by Howard Bashman "New York sees first death sentence passed for 50 years": This article appears today in The Times of London. BBC News provides a report headlined "Rare death sentence in New York; A convicted murderer has been sentenced to death in New York, the first time the death penalty has been awarded in a federal case there for over 50 years." The Staten Island Advance today contains articles headlined "He gets death; Stapleton street punk taunts slain cops' kin after the verdict" and "Condemned man follows in notorious footsteps." Newsday reports that "Cop killer sentenced to death." The New York Sun reports that "Wilson, Lacking Remorse, Is Doomed." The New York Post contains articles headlined "Fry Baby: Sticks tongue out at widow" and "Police hail justice for their brothers." The newspaper also contains an op-ed entitled "Great to be wrong on fate of murderer" by columnist Steve Dunleavy. And The New York Times, in addition to containing the article I noted here last night, contains an article headlined "In Killer's Courtyard, Drawing Their Own Conclusions." "Reporter's Account Hurts Libby Defense; Miller Testifies of White House Aide's Unmasking of Agent": The Washington Post today contains this front page article. And Howard Kurtz's "Media Notes" column is headlined "Journalist Forced to Reveal Her Methods; Ex-New York Times Reporter Struggles In Libby Questioning." The Los Angeles Times reports today that "Reporter takes stand against source; Judith Miller, jailed in 2005 for protecting Libby, testifies about three talks with Cheney's former aide." The Wall Street Journal reports that "Libby Trial Puts Reporters' Recall To a Severe Test" (free access). USA Today reports that "Reporter's testimony contradicts Libby's timeline; Recalls former Cheney aide discussed CIA officer's identity in June 2003." The New York Sun reports that "Libby Team Attacks Reporter On Date of Plame Disclosure." And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Reporter Miller Returns to Stand at Libby Trial" (RealPlayer required). "Where's the contrition for rendition? Maher Arar, wrongfully deported and tortured in Syria, got an apology from Canada but not the United States." This editorial appears today in The Los Angeles Times. Posted at 08:50 AM by Howard Bashman Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Appeals court adjusts privacy-at-work ruling; Workers have right to expect secure PCs unless given notice" and "Judge won't free journalist jailed for contempt." Posted at 08:45 AM by Howard Bashman "Key charge against Padilla is restored; Federal prosecutors scored a major appellate victory in their terror case against Jose Padilla": This article appears today in The Miami Herald. The South Florida Sun-Sentinel reports today that "Charge is reinstated in al-Qaida suspect case." And The Los Angeles Times reports that "Reversal means Padilla will face waived terror charge; An 11th Circuit panel upholds a conspiracy count that a lower court had ruled redundant." My earlier coverage appears at this link. "Surveillance case to pit strong views; The U.S. argues that the ACLU challenge of Bush's domestic wiretap program is moot": Henry Weinstein has this article today in The Los Angeles Times. Posted at 07:54 AM by Howard Bashman "A judicious beginning": The St. Petersburg Times today contains an editorial that begins, "In one area at least, the White House has acknowledged political reality. With the Senate under Democratic control once again, President Bush has decided not to renominate four of his most controversial nominees to federal appellate court seats." Posted at 07:48 AM by Howard Bashman "For a Nation of Debaters, One Court to Rule Them All": Today in The New York Times, Virginia Heffernan has a review of PBS's "The Supreme Court" that begins, "A four-part program on PBS about the Supreme Court does not have to be boring, or so I believed as I sat down to watch a review copy of 'The Supreme Court,' which begins tonight. Now I believe that such a series does have to be boring." Today in The Washington Post, Tom Shales has a review headlined "'The Supreme Court': PBS Does Justice to History." The Boston Globe provides a review headlined "PBS' look at Supreme Court is captivating and thorough." The Newark Star-Ledger provides a review headlined "PBS presents Supreme Court TV." The Times-Picayune provides a review headlined "The Robe Less Traveled: PBS offers a rare close-up of the judges presiding over the nation's highest court." The Deseret Morning News provides a review headlined "Supremely speaking." The Orlando Sentinel contains an article headlined "PBS courts viewers with justice; A documentary examines and celebrates the high court and its towering legal minds." And The SMU Daily Campus reports that "Kobylka featured in new PBS series." You can access additional reviews and the transcripts of the broadcasts via this earlier link and also here. "Jurors Can't Be Excluded by Nationality, Judge Says": This article appears today in The New York Times. Posted at 07:20 AM by Howard Bashman "Bush Is Not Above the Law": James Bamford has this op-ed today in The New York Times. Posted at 07:12 AM by Howard Bashman "Washington Post Drops Demand To View Cheney's Visitor Logs": Josh Gerstein has this article today in The New York Sun. Posted at 07:03 AM by Howard Bashman Justice Hamburger, Part Deux! "Patterico's Pontifications" has a post titled "I Think You Meant to Say Justice 'Hamburglar'" discussing The Los Angeles Times' error that I earlier noted here. Patterico's post notes that The LATimes review has overlooked some other Justices named after foods -- "Fred M. Venison; Potroast Stewart; and [his] personal favorite: 'Sloppy' Joe Story." The comments to that post note some additional "omissions." Posted at 06:50 AM by Howard Bashman One year ago today: Congratulations to Justice Samuel A. Alito, Jr., who today celebrates the one-year anniversary of his joining the U.S. Supreme Court. This blog's coverage of that day's events can be accessed here, here, here, and here. Posted at 06:45 AM by Howard Bashman Tuesday, January 30, 2007 "Killer of Detectives Gets Death Sentence": The New York Times on Wednesday will contain an article that begins, "A federal jury sentenced a 24-year-old Staten Island man to death yesterday for killing two undercover police detectives in 2003. It was the first successful federal capital punishment prosecution in more than 50 years in New York." Posted at 11:04 PM by Howard Bashman "Ex-Reporter for Times Testifies for Prosecutor Who Jailed Her": This article will appear Wednesday in The New York Times. Posted at 11:02 PM by Howard Bashman "The Inside Man: William & Mary's new president tries to get rid of a cross on campus." Cesar Conda and Vince Haley have this essay online today at The Weekly Standard. Posted at 08:54 PM by Howard Bashman "The Michigan Win: Lessons in a victory over racial preferences." Ward Connerly has this essay today at National Review Online. Posted at 08:50 PM by Howard Bashman "Hiding the Ball": In the February 12, 2007 issue of The Nation, Law Professor David Cole will have an essay that begins, "If you want to know what difference a Democratic majority in Congress makes, consider George W. Bush's recent about-face on warrantless wiretapping. For more than five years, unchallenged by the GOP-dominated Congress, his Administration has been insisting, initially in secret and subsequently in public, that the President has inherent, uncheckable authority as Commander in Chief to spy on Americans without judicial approval." Posted at 08:48 PM by Howard Bashman "Welcome Back to the Rule of Law: Bush makes good on a terrorism case (finally)." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 08:44 PM by Howard Bashman "'The Supreme Court' makes a brief for judiciary; The breezy but fact-filled PBS documentary packs more than 200 years of U.S. history into four hours": This television review will appear Wednesday in The Los Angeles Times. And a review of Law Professor Jeffrey Rosen's companion book to the PBS series -- "The Supreme Court: The Personalities and Rivalries That Defined America" -- appeared today in The Savannah Morning News under the headline "The court of personality." By the way, The LATimes review erroneously (but humorously) states, "There was a justice named Hamburger and a justice named Frankfurter." Chief Justice Warren E. Burger was not widely known by the nickname "Ham" as best as I can tell. On the other hand, this transcript of an Australian radio broadcast contains the assertion (apparently spoken in all sincerity) "There's a famous statement from one of the Supreme Court Justices, Mr Justice Hamburger I think it was, justifying legal sterilisation with the statement 'Three generations of idiots are enough.'" Of course, for reasons noted in this post earlier today, that assertion is doubly wrong. "Stephen Henderson, McClatchy Newspapers, Supreme Court Correspondent talks about his series on death penalty cases in Georgia, Mississippi, Alabama and Virginia." My pal Steve Henderson appeared today on C-SPAN's "Washington Journal," and you can watch his segment online by clicking here (RealPlayer required). I previously linked here to his recent series of death penalty articles. "Reporter Contradicts Libby's Testimony About Agent": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 07:40 PM by Howard Bashman "New Ninth Circuit Decision in Ziegler": Orin Kerr has this post at "The Volokh Conspiracy." My coverage of today's Ninth Circuit ruling, on panel rehearing, can be accessed here. "Custody fallout: Judge scolded; His conduct worked against Chinese parents, court details." This article appeared Sunday in The Commercial Appeal of Memphis. That day's newspaper also contained an op-ed by Chris Peck entitled "He case: microcosm of Memphis." My earlier coverage of the Supreme Court of Tennessee's recent ruling can be accessed here and here. "Test of Bush's terror-fighting authority heads to higher court; Before the federal appeals judges: What rights does a noncitizen legal resident have when the government names him an enemy combatant?" Warren Richey will have this article Wednesday in The Christian Science Monitor about a case to be argued Thursday before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit. Because the case is being argued in the Fourth Circuit, the identity of the judges on the panel won't be known publicly until the morning of the oral argument, but we do already know that the case is slated to be argued in the "Green Carpet" courtroom, which if memory serves is also the courtroom the Fourth Circuit uses for en banc arguments. "Only a judge would put the word 'showbusiness' in quotation marks": David Pannick, QC has this essay today in The Times of London about two cases now pending before the Supreme Court of California. Posted at 05:44 PM by Howard Bashman "Reporter Judith Miller Testifies in CIA Leak Case": The Washington Post provides this news update. And The Associated Press reports that "Miller Testimony Contradicts Libby Story." "Senators Assert Right to Block Bush on Iraq": The New York Times provides a news update that begins, "Democrats on the Senate Judiciary Committee began laying the constitutional groundwork today for an effort to block President Bush's plan to send more troops to Iraq and place new limits on the conduct of the war there, perhaps forcing a withdrawal of American forces from Iraq. They were joined by Senator Arlen Specter, the Pennsylvania Republican who led the panel for the last two years, in asserting that Mr. Bush cannot simply ignore Congressional opposition to his plan to send 21,500 additional troops to Iraq." Posted at 05:35 PM by Howard Bashman "The Irrational 18-Year-Old Criminal: Evidence that prison doesn't deter crime." Professor Joel Waldfogel has this essay today online at Slate. Posted at 05:33 PM by Howard Bashman "Another defeat for age bias claim on pensions": Lyle Denniston has this post at "SCOTUSblog." My coverage of today's Third Circuit ruling can be accessed here. "Judge Posner assails federal lawyers for poor 'trial' of state law": Law Professor Doug Berman has this post at his "Sentencing Law and Policy" blog. My earlier coverage of today's Seventh Circuit ruling appears at this link. The parties' appellate briefs are not available for download from the Seventh Circuit's web site, but an mp3 audio file of the oral argument can be downloaded here. "Certiorari Briefing in Coltec and Dow Chemical Tax Shelter Cases": This post, providing access to those briefs, appears today at "TaxProf Blog." Posted at 04:10 PM by Howard Bashman U.S. Court of Appeals for the Third Circuit affirms the dismissal of claims alleging that PNC Bank's conversion of its pension plan from a traditional defined benefit plan to a cash balance plan violated ERISA: You can access today's ruling at this link. According to the decision, "The most significant issue on this appeal is whether the district court erred in holding that the PNC cash balance plan does not discriminate against older employees on the basis of their age." Posted at 03:15 PM by Howard Bashman Eleventh Circuit rejects pimp's Commerce Clause challenge to federal convictions for enticing a minor to engage in a commercial sex act and enticing a minor to engage in prostitution: Although the underage prostitute's business was limited to south Florida, today's ruling explains that the pimp supplied her with condoms manufactured overseas and gave her a cell phone over which she conducted business. Also, the prostitute met customers in hotels. These facts sufficed to defeat the pimp's Commerce Clause challenge to his convictions. You can access today's ruling at this link. Posted at 03:12 PM by Howard Bashman "Court Reinstates Key Padilla Charge": The Associated Press provides a report that begins, "A federal appeals court on Tuesday reinstated a key terrorism charge, the only one carrying a potential life sentence, against alleged al-Qaida operative Jose Padilla." The Miami Herald provides a news update headlined "Conspiracy charge reinstated in Padilla case." And The South Florida Sun-Sentinel provides a news update headlined "Court reinstates key charge in Padilla terrorism case." You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Ninth Circuit panel issues more Kerr-ect decision in workplace computer search appeal: On August 9, 2006, Orin Kerr had a post at "The Volokh Conspiracy" titled "Ninth Circuit Mostly Eliminates Private-Sector Workplace Privacy Rights in Computers." My earlier coverage of that ruling appears here. Orin also had two interesting follow-up posts about the petition for rehearing filed in the case, and you can access those posts here and here. Today, that same three-judge Ninth Circuit panel granted panel rehearing and issued a revised opinion recognizing that the employee "retained a legitimate expectation of privacy in his workplace office." The defendant still loses under today's revised ruling, but the decision appears to eliminate some of the initial ruling's language and reasoning that Professor Kerr found troubling. "Why not to shoot a gun into the air for fun": "Boing Boing" answered this question in anticipation of the 2006 New Year's celebration. Some related anecdotes and news stories are collected here. Today -- in an opinion that you can access here -- Seventh Circuit Judge Richard A. Posner adds one more reason to that list: you might end up receiving a longer federal prison sentence. "Unborn child's death may draw a rarely used charge; After beaten woman miscarries, police arrest her boyfriend": This article appears today in The Pioneer Press of St. Paul, Minnesota. Posted at 11:25 AM by Howard Bashman "Court ruling might yield caution among lawyers": Yesterday's edition of The Las Vegas Review-Journal contained an article that begins, "The Nevada Supreme Court's harsh rebuke of a Las Vegas attorney has caught the attention of the state's legal community, and some say the recent opinion could affect the future conduct of trial lawyers and judges alike." You can access last month's ruling of the Supreme Court of Nevada in both HTML and PDF formats. Alito replaces O'Connor who may replace Fielding: The Louisville Courier-Journal today contains an article headlined "O'Connor may mediate dispute; Kentucky land case could mean millions." According to the article, the mediator originally was to have been Fred J. Fielding, who recently reentered government service as White House Counsel. Posted at 11:00 AM by Howard Bashman Get that 'idiot' out of New Jersey's Constitution: One iteration of "idiot" is proving to be more than enough when it comes to New Jersey's Constitution, according to an article headlined "Senate panel agrees: No place for 'idiot' in constitution" in today's edition of The Newark Star-Ledger. The offending word in New Jersey's Constitution can be found here (scroll down). For the record, Justice Oliver Wendell Holmes, Jr.'s opinion in Buck v. Bell actually uses the phrase "[t]hree generations of imbeciles," but that isn't how the phrase is always remembered. "My Surreal Day at the Libby Trial": Slate's John Dickerson has this dispatch from the Scooter Libby trial. And at the "LawBeat" blog, Mark Obbie has a related post titled "Participatory journalism, in the best sense." "Bill would force high court TV coverage; Specter wants cameras to film proceedings": Variety provides this report. My earlier coverage appears at this link. On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Fleischer Disputes Libby's Account of Plame Case" (featuring Nina Totenberg) and "Gay Muslim's Case Puts Focus on German Asylum Law." RealPlayer is required to launch these audio segments. Posted at 10:20 AM by Howard Bashman "PBS special takes judicious look at the highest court": This preview appears today in The Pittsburgh Post-Gazette. The Milwaukee Journal-Sentinel today contains a review headlined "Film has day (and more) in court." And the University of Virginia has issued a news release titled "Three U.Va. Law Professors Featured on PBS Supreme Court Series, Which Airs on Jan. 31 and Feb. 7." Additional information about PBS's "The Supreme Court," including links to transcripts of the program's four hour-long episodes and other reviews, can be accessed via this earlier post. "Former Bexar DA crusades against the death penalty; Millsap has become an unlikely voice against executions": The Houston Chronicle contains this article today. Posted at 08:30 AM by Howard Bashman "Ex-Bush Aide, in Testimony, Disputes Libby": Neil A. Lewis has this article today in The New York Times. And a related article reports that "Former Press Secretary Dispels Many Illusions." The Washington Post reports today that "Former Press Secretary Says Libby Told Him of Plame; Fleischer's Testimony On Timing Supports Prosecution's Case." In addition, Dana Milbank's "Washington Sketch" column is headlined "Fleischer Handles Questioning in the Usual Fashion." And columnist Eugene Robinson has an op-ed entitled "The Ba-Da-Boom Crew." The Los Angeles Times contains an article headlined "Fleischer then and now: There's a telling difference; Once an unwavering administration foot soldier, the ex-White House spokesman gives an insider's account." And The New York Sun reports that "Fleischer Says Libby Disclosed CIA Officer's Identity Over Lunch." "Restaurant protest divides state high court; While some justices appear to back restricting a neighbor's statements in the Balboa Island inn case, others seem wary of limiting free speech": Maura Dolan has this article today in The Los Angeles Times. Posted at 08:15 AM by Howard Bashman Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Writers won't be called in Army officer's case; Man who refused to go to Iraq says he was quoted correctly" and "Journalist jailed for 5 months seeking freedom." Posted at 08:14 AM by Howard Bashman "Liberate political speech: The Supreme Court revisits campaign finance reform's most dubious restrictions." This editorial appears today in The Los Angeles Times. Posted at 08:11 AM by Howard Bashman "Habeas corpus and an era of limits: Constitution says those in custody can seek liberty in court, but what of Guantanamo?" David G. Savage has this article today in The Los Angeles Times. Posted at 08:07 AM by Howard Bashman The Atlanta Journal-Constitution is reporting: Today's newspaper contains articles headlined "Bill: 9 jurors to give death; Prosecutors want option for capital punishment when jury's vote is not unanimous" and "Pre-abortion ultrasound debated again; Issue revived after failing to win approval last year." Posted at 08:05 AM by Howard Bashman "Execution put under microscope": This article appears today in The St. Petersburg Times. And The Tampa Tribune reports today that "State Senator May Request Audiotaping Of Executions." "Uighurs' Detention Conditions Condemned; Lawyers' Complaint Part of Effort to Get Expedited Review": The Washington Post today contains an article that begins, "Chinese Uighurs who have been imprisoned for the past month at a new state-of-the-art detention camp at Guantanamo Bay, Cuba, are being held around the clock in near-total isolation, a circumstance their lawyers say is rapidly degrading their mental health, according to an affidavit filed in federal court yesterday." Posted at 07:45 AM by Howard Bashman "Canada's Good Example": The New York Times today contains an editorial that begins, "Canada set an important example of decency when it offered a formal apology and compensation worth millions of dollars to a Syrian-born Canadian citizen who was a victim of President Bush’s use of open-ended detention, summary deportation and even torture in the name of fighting terrorism." Posted at 07:35 AM by Howard Bashman "Miers Leaves White House With No Regrets": The Associated Press provides this report. Posted at 07:28 AM by Howard Bashman "How Will the Roberts Court Deal with Cases Affecting Corporate America? A Recent Decision Regarding the Federal Employer Liability Statute Provides Insight." Anthony J. Sebok has this essay online at FindLaw today. Posted at 06:45 AM by Howard Bashman Monday, January 29, 2007 "Supreme Court: Veteran Supreme Court watchers professor Jeffrey Rosen and ABC legal correspondent Jan Crawford Greenburg discuss their new books." This segment (audio stream via RealPlayer or download in mp3 format) appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 09:50 PM by Howard Bashman "PBS Series Spotlights the Supreme Court's Past and Present Personalities": law.com's Tony Mauro provides this review of "The Supreme Court" on PBS. And Variety has published this review of the program. Additional information about the program, including links to transcripts of the program's four hour-long episodes and other reviews, can be accessed via this earlier post. "Lawyer busted for DUI while driving to pick up client busted for DUI": "The Obscure Store" links here to an article published Friday in The Wisconsin State Journal. Posted at 08:00 PM by Howard Bashman "Ari Fleischer Disputes Libby's Account at Trial": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 07:48 PM by Howard Bashman "Specter Introduces 'Cameras in the Courtroom' Legislation": Senator Arlen Specter (R-PA) issued this news release today. C-SPAN has posted online at this link (RealPlayer required) Senator Specter's remarks today on the floor of the U.S. Senate introducing the legislation. In April 2006, I had a law.com essay headlined "Should Congress Mandate Supreme Court TV? Will original understanding go high-definition?" You can't yet view it on TV, but you can now access the transcripts: The web site that PBS has created in connection with its forthcoming broadcast, this Wednesday night and next Wednesday night, of the program "The Supreme Court" provides access to the transcripts for all four hours of the show. You can access the transcripts at the following links: first hour; second hour; third hour; and fourth hour. You can also access short video previews of each of the four hours via this link. And a related discussion guide for educators contains illustrations by Mark Alan Stamaty. You can access via this link various newspaper reviews of the program. Update: True, the final hour of the program on Wednesday, February 7, 2007 is up against a brand new episode of ABC's "Lost," but at least Comedy Central had the good sense to schedule "The Sarah Silverman Program" (reviewed here in the current issue of The New Yorker) for Thursday nights at 10:30 p.m. eastern time. "'Ask the Author' with Jeff Rosen: Part 2." This post appears today at "SCOTUSblog." Posted at 03:27 PM by Howard Bashman "Government Officials Contradict Libby's Story": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." Posted at 03:24 PM by Howard Bashman Pro se litigant defeats opposing counsel from Weil, Gotshal & Manges in an Enron-related appeal: The U.S. Court of Appeals for the Second Circuit issued this decision today. The ruling resolves the question of what action triggers the 15-day deadline for an appellant to file an opening brief on appeal from a bankruptcy court's ruling. Some background on the underlying dispute that gives rise to today's decision can be accessed here. (This item notes that this particular pro se litigant is also a lawyer, but that doesn't make him any less pro se, does it?) "Killers face uncertain death; Strickland may be sympathetic to claims of mental retardation": This article appears today in The Cincinnati Enquirer. Yesterday's newspaper contained three more death penalty-related articles, and you can access them via this link at the "Ohio Death Penalty Information" blog. "I hope that the Executive Branch revisits this case and, if the facts truly are as they have been made to appear to us, will consider letting the defendants go after a more appropriate term of incarceration." So writes Ninth Circuit Judge Richard R. Clifton in a concurring opinion issued today. Judge Clifton's concurring opinion begins: I write separately to express my dismay at the consequences of the result we reach. Although I concur in the memorandum disposition and join fully in its legal analysis, I find the outcome of this case to be troubling.Today's non-precedential opinion affirming the convictions and sentences can be accessed here. Earlier press coverage of this case can be accessed here and here. "Lawyer's Sin in Court--Disrespect--Gets Visited on Clients. WWJD?" Law Professor Alan Childress has this post today at the "Legal Profession Blog." Posted at 12:20 PM by Howard Bashman "Natural Justice": Law Professor Lawrence B. Solum, who operates the amazing resource known as the "Legal Theory Blog," has posted this article online at SSRN. Posted at 11:12 AM by Howard Bashman "Senate Termination of Presidential Recess Appointments": The final version of Seth Barrett Tillman's essay can now be accessed here at the Northwestern University Law Review's "Colloquy" web site. A response to that essay by Law Professor Brian C. Kalt, titled "Keeping Recess Appointments in Their Place," can be accessed here (abstract with links for download) at SSRN (via "Legal Theory Blog"). A federal appellate perspective on the Super Bowl, part two: In response to this post from earlier this morning, a reader emails: I just read your interesting post on the superbowl & intra-circuit rivalries. With the understanding that you were just forwarding someone else's post, it seems worthwhile to note that this superbowl will actually be the *third* between two teams from different states within the same federal circuit. (Although the second between two teams from different states *currently* within the same federal circuit).This reader is correct, as in 1972 the State of Florida was part of the Fifth Circuit. The Eleventh Circuit came into being on October 1, 1981. Posted at 10:55 AM by Howard Bashman "Update on the Sixth Circuit Litigation Challenging the NSA's Terrorist Surveillance Program": Marty Lederman has this post today at the "Balkinization" blog. Marty's post notes that the three-judge Sixth Circuit panel scheduled to hear oral argument on Wednesday consists of "Judges Alice Batchelder (appointed 1991), Ronald Gilman (appointed 1997) and Julia Smith Gibbons (appointed 2002)." On Saturday, The Cincinnati Enquirer published an article headlined "ACLU frustrated in case opposing phone taps." Recently on C-SPAN's "America and the Courts": This past Saturday's broadcast was titled "Justice Stephen Breyer on the Political Process." And the broadcast from two Saturdays ago was titled "Meredith v. Jefferson County Board of Education." RealPlayer is required to launch these video segments. "In life a soldier, in death a father? Parents of Israeli killed in Gaza Strip win right to inseminate woman he never knew." This article appears today in The Chicago Tribune. And The Associated Press reports that "Family Gets OK to Use Dead Man's Sperm." A federal appellate perspective on the Super Bowl: Attorney Elliot Regenstein, who practices law in Chicago, emails this morning: I don't know if you follow these things carefully, but nobody else has noted that this year's Super Bowl will be only the second ever between two teams from different states within the same federal appellate circuit (the first being Super Bowl IV, an intra-8th Circuit tussle). It's at most the fourth Super Bowl involving teams from within the same circuit -- XXIX (49ers over Chargers) clearly qualified, and XXV (Giants over Bills) might, depending on where you count the Giants.I thank my correspondent for sending this along. You can access at this link a list of the outcomes of the previous 40 Super Bowls. Posted at 10:24 AM by Howard Bashman "Unabomber's act still affects Prof. Gelernter; Computer science prof. opposed to publishing prisoner's writings": This article appears today in The Yale Daily News. Posted at 09:28 AM by Howard Bashman "Madame Justice": At her "Legalities" blog, Jan Crawford Greenburg has a post that begins, "Justice Ruth Bader Ginsburg said in a speech Friday night that she didn't like being 'all alone on the Court,' according to [an] account by the Associated Press." The post also mentions Jan's book tour, which gets underway tonight in the Chicago area. Details here. Posted at 09:04 AM by Howard Bashman "Decorum on Appeal: When Judges Are Under Attack." This week's installment of my "On Appeal" column for law.com begins, "Some judges are crooked. Others are idiots. And some ignore or distort the facts and applicable law to reach results more to their liking than the facts and law, honestly portrayed, would allow." Posted at 08:44 AM by Howard Bashman "Journalists to take stand in Libby's perjury trial; Defense might rely on their testimony to show Libby didn't deliberately lie about Plame case": This article appears today in USA Today. Posted at 08:42 AM by Howard Bashman "Series shines a light on Supreme Court": The San Jose Mercury News today contains this review of the PBS program "The Supreme Court," scheduled to air this Wednesday night and next Wednesday night. I have collected additional reviews in posts you can access here and here. "Case pits bald eagle against sacred rites; American Indian tests strict federal protection": This article appears today in The Chicago Tribune. Posted at 08:35 AM by Howard Bashman "Woman's crusade against bar spawns free speech case; Anne Lemen just wants to say what she pleases about a Balboa Island restaurant and bar; A court has forbidden her to, and that sets up a dispute over prior restraint": Today in The Los Angeles Times, Maura Dolan has an article that begins, "The most important free speech case now before the California Supreme Court carries neither the heft of the Pentagon Papers nor the emotion of Nazis seeking to march in Skokie, Ill." Posted at 08:30 AM by Howard Bashman In news from the Iowa Microsoft consumer antitrust class action trial: The Des Moines Register last week published articles headlined "1,100 opted out of Microsoft suit; Some individuals, businesses, schools and nonprofits show support for software maker" and "Judge prohibits questions on Conlin's ties to plaintiffs; The ruling is a blow for Microsoft in the Iowa class-action lawsuit." You can access the trial transcripts via this link. "Stay extends death-row record": The Washington Times today contains an article that begins, "The man who has been on the Texas death row longer than anyone else in history was saved from scheduled execution last week by the U.S. Supreme Court with no specific reasons given for the intervention." Posted at 08:15 AM by Howard Bashman "Author Takes On Civil Liberties Of 1812": The Hartford Courant today contains an article that begins, "Matthew Warshauer is not entirely happy that his first book - a study of Andrew Jackson's suspension of civil liberties in wartime - has gotten national attention. On the one hand, he was excited to read the 5,000-word review in last week's New Yorker that calls his book 'lucid and well-researched.' On the other hand, Warshauer understands that his book's popularity is tied to post-Sept. 11 civil liberties violations." I previously linked here to that review. "Potshot at Guantanamo lawyers backfires; Big firms laud free legal aid for detainees": This article appears today in The Boston Globe. Posted at 08:05 AM by Howard Bashman "Home Is Where Her Hog Is; A couple of years ago, a petrified little pig escaped the butcher, thanks to its new owner; Now the Herndon woman is fighting a zoning law to keep her 140-pound pet at her house": The Washington Post contains this article today. Posted at 08:03 AM by Howard Bashman "Courts Turn to Wikipedia, but Selectively": This interesting article appears today in The New York Times. I mentioned this phenomenon in the July 24, 2006 installment of my weekly "On Appeal" column for law.com headlined "Viewing Law Blogs as a Vast Amicus Brief." "Congress, the Constitution and War: The Limits on Presidential Power." Adam Cohen has this Editorial Observer essay today in The New York Times. Posted at 07:50 AM by Howard Bashman "Google's Moon Shot: The quest for the universal library." Jeffrey Toobin has this "Annals of Law" article in the February 5, 2007 issue of The New Yorker. Yesterday morning, I linked here to a PDF version of this article. "Blawg Review #93": Available here, at "Cyberlaw Central." Posted at 07:38 AM by Howard Bashman Available online at FindLaw: Michael C. Dorf has an essay entitled "Universities Adjust to State Affirmative Action Bans: Are the New Programs Legal? Are They a Good Idea?" And Carl Tobias has an essay entitled "Why Congress Needs to Probe the NSA Domestic Surveillance Program: The Bush Administration's Promise to Secure Prior Warrants Is a Positive Step, But Oversight is Required." Sunday, January 28, 2007 "Weighing the Consequences of Telling Others the Truth": Adam Liptak will have this column (TimesSelect temporary pass-through link) in Monday's edition of The New York Times focusing on the D.C. Circuit's en banc oral argument this past week in the lawsuit captioned Boehner v. McDermott. Posted at 11:22 PM by Howard Bashman "Murphy and the Sixteenth Amendment in Relation to the Taxation of Non-Excludable Personal Injury Awards": Law Professor Joseph M. Dodge has posted this essay (abstract with links for download) online at SSRN (via "Legal Theory Blog"). If there were ever any reason to doubt whether the three-judge panel that originally decided this case was seriously in error, Professor Dodge's article should remove all doubt. At the article's conclusion states at its outset, "The Murphy panel decision should not only be reversed, but it should be condemned in the strongest terms." Fortunately, the three-judge D.C. Circuit panel whose decision is the subject of Professor Dodge's article has recently granted panel rehearing to reconsider that ruling. My earlier coverage of that ruling, and links to other web-based commentary, can be accessed here, here, here, and here. "Conservative Judicial Activism? Inventing a constitutional right to 'medical self-defense.'" Law Professor Robert F. Nagel will have this essay in the February 5, 2007 issue of The Weekly Standard. Posted at 10:58 PM by Howard Bashman "Recent Supreme Court rulings affect local trial; Buttons banned, judge mulls sentencing issue": This article appears today in The Monterey County Herald. Posted at 10:55 PM by Howard Bashman "A Pillar of American Justice": In the February 12, 2007 issue of The Nation, Charles A. Miller will have an essay that begins, "A great American was born 150 years ago. His name was Louis Brandeis. From 1916 to 1939, he served on the US Supreme Court." Posted at 08:42 PM by Howard Bashman "Taps: How do you make Alberto Gonzales stop lying?" This editorial will appear in the February 5, 2007 issue of The New Republic. Posted at 08:40 PM by Howard Bashman "Effort to make court arguments confidential smacks of 'Robitis'": Glenn Gilbert has this op-ed today in The Oakland Press of Pontiac, Michigan. Posted at 04:55 PM by Howard Bashman "Judge 'Supreme Court' on merits, not on its limits": The Orlando Sentinel today contains this review of the PBS program "The Supreme Court," due to air this Wednesday. The Oregonian today contains a review headlined "Don't rush to judgment on 'The Supreme Court'; The PBS special, which covers the institution's complex history and issues, really is exciting stuff." The Arizona Republic contains a review headlined "5 reasons to watch PBS' 'Supreme Court.'" And The Honolulu Advertiser reports that "KHET to air discussions tied to 'Supreme Court.'" I previously linked here to Pulitzer Prize-winning historian David J. Garrow's review of the television program and related book. I have watched on DVD the first two hours of the PBS program, and I enjoyed the second hour more than the first. Those first two hours are scheduled to air together this Wednesday, with the final two hours of the broadcast scheduled to air one week later. Update: The DePaulia reports that "Law to share insight in television series." And Indiana University has posted online a press release headlined "IU law professor to appear on PBS' 'The Supreme Court.'" "The Truth About Clarence Thomas: He's an independent voice, not a Scalia lackey." This op-ed by ABC News correspondent Jan Crawford Greenburg, which originally appeared in last Monday's edition of The Wall Street Journal, is now freely available online at this link via OpinionJournal. Jan's tour in support of her new book takes her to the Chicago area tomorrow and Tuesday. "Are Prisons Driving Prisoners Mad?" This article will appear in the February 5, 2007 issue of Time magazine. Posted at 03:50 PM by Howard Bashman "Libby trial shows unsealed lips in CIA; Though the agency has sought to protect covert identities, the leak case reveals that the secrecy rules are sometimes ignored": The Los Angeles Times contains this article today. Posted at 12:28 PM by Howard Bashman "Convict's slow road to death; Ronald Chambers' lethal injection date has been delayed more than 30 years as the legal process takes its course": This article appears today in The Los Angeles Times. Posted at 12:25 PM by Howard Bashman "Church-state 'wall' coming back down?" The Washington Times contains this article today. Posted at 12:18 PM by Howard Bashman "From Court To Jester: Without Dissent, Alfalfa Club Honors Sandra Day O'Connor." This article appears today in The Washington Post. Posted at 12:10 PM by Howard Bashman "In the Penalty Phase, All One's Secrets Revealed": According to an article published today in The New York Times, "The degree of scrutiny afforded a capital defendant is enough to mortify anyone who has ever been a child, dated a girl, gotten a haircut or tried to dress fashionably. This is the full probe. All your secrets revealed. Some defendants consider it either more agonizing than death, a sentence no federal jury in New York has prescribed for a half-century, or at least worth a big gamble to avoid." Posted at 11:55 AM by Howard Bashman "Scalia Dons the Robes of a Scholar for a Day": This article appears today in The New York Times. Posted at 11:54 AM by Howard Bashman "Google's Moon Shot: The quest for the universal library." Jeffrey Toobin will have this "Annals of Law" article in the February 5, 2007 issue of The New Yorker. Posted at 09:14 AM by Howard Bashman "Free speech at hub of judge, panel clash; Jurist argues that Constitution, court ruling protect his off-the-bench remarks": The Arkansas Democrat-Gazette today contains an article that begins, "In his fight with the state panel that disciplines judges, Appeals Court Judge Wendell Griffen claims his controversial political remarks are protected by a U.S. Supreme Court decision. The outspoken jurist isn't the first to claim the 2002 decision, Republican Party of Minnesota v. White, shields speech by judges when they are off the bench. Legal scholars say a broad interpretation of the court's opinion could save Griffen from censure, but the few courts in other states that have tested the decision haven't always been sympathetic to those claims, at least when cases center on campaign promises made by candidates for judgeships, a situation a little different from Griffen's case." Posted at 08:57 AM by Howard Bashman Saturday, January 27, 2007 "Mack loses control of family trust": The Reno Gazette-Journal today contains an article that begins, "A family trust that Darren Mack set up for his three children was taken out of his control and placed under the administration of a man who helped murder victim Charla Mack try to get Mack's assets during their divorce, according to a state judge's order. Mack's lawyer, Mark Wray, immediately appealed the ruling to the Nevada Supreme Court." And in somewhat related news, The Associated Press reported on Wednesday that "Reid makes courthouse security priority after Reno sniper attack." "Abortion loophole or legal prudence? The mental-health exception to limits on late-term procedures was key to Kline's case." The Kansas City Star today contains an article that begins, "Sometime in August 2003, a 22-year-old woman had an abortion in Wichita. She was seven months pregnant. Her name and her story are unknown. But the reason her doctor gave to justify the late-term abortion is now at the center of Kansas' abortion debate. That reason: The woman was seriously depressed." Posted at 04:50 PM by Howard Bashman "Rell says she will name a new chief justice nominee soon": The AP provides this report from Connecticut. Posted at 04:47 PM by Howard Bashman "Abortion doctor continues his fight": The Associated Press provides a report that begins, "Abortion doctor LeRoy Carhart is entrenched in what he calls a 'never-ending battle' - one that anti-abortion advocates have strongly urged him to surrender." Posted at 04:45 PM by Howard Bashman "Lawyer suited for tough inquiries to replace Harriet Miers; Democrats' rise created need to replace White House counsel, officials say": This article will appear Sunday in The Austin American-Statesman. Posted at 04:40 PM by Howard Bashman "Retardation appeals in limbo, years after ruling": The Houston Chronicle today contains an article that begins, "Five years after the U.S. Supreme Court banned the execution of mentally retarded killers, 16 death row inmates from Harris County are still waiting to have their appeals on the issue resolved." Posted at 04:35 PM by Howard Bashman "ACLU wants access to sealed wiretap filings; The government calls the group's NSA case moot; Papers backing that motion are secret": Henry Weinstein has this article today in The Los Angeles Times. And The New York Times today contains a related editorial entitled "The Bait-and-Switch White House." |