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Friday, February 01, 2008 "Art or Obscenity? Unusual Case Draws Controversy; Child Rape Fiction Case Tests if Writers Can Be Punished Under Federal Obscenity Law." ABCNews.com provides this report today. My most recent earlier coverage appears at this link. Posted at 11:38 PM by Howard Bashman "Snipes not guilty on felony charges, convicted on 3 misdemeanors": The Ocala Star-Banner provides this news update. And The Associated Press reports that "Jury Acquits Wesley Snipes of Tax Fraud." If a mail order company authorizes the U.S. Postal Service to destroy its undeliverable merchandise instead of returning it, the company has not suffered a loss entitling it to restitution if someone steals that merchandise from the Post Office's trash: For those who are wondering what happens to all of the undeliverable DVDs and CDs that BMG Columbia House mails out, this ruling that the U.S. Court of Appeals for the Eighth Circuit issued today provides an answer. Posted at 03:34 PM by Howard Bashman Richard Hatch may have won the reality television show "Survivor," but he did not win his First Circuit appeal from a tax evasion conviction: The U.S. Court of Appeals for the First Circuit issued this 52-page ruling today affirming Hatch's conviction and sentence. Posted at 03:14 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Court Won't Reconsider Guantanamo Ruling" and "Fake Bomb Defendant Cites 1st Amendment." Posted at 02:08 PM by Howard Bashman "Roadblock for Justice nominee": Today in The Chicago Tribune, James Oliphant has an article that begins, "Chicago federal Judge Mark Filip, slated to be the No. 2 official at the Justice Department, is caught in a standoff between Senate Democrats and the Bush administration, putting his nomination on hold. And he can thank one of his home-state senators, Dick Durbin, for it." Posted at 11:52 AM by Howard Bashman Unanimous three-judge Second Circuit panel affirms dismissal of lawsuit alleging that New York State's use of eminent domain for the Atlantic Yards project violates the Public Use Clause of the Fifth Amendment: You can access today's interesting ruling at this link. In early news coverage, The Associated Press reports that "Federal appeals court says Atlantic Yards project can go forward." "Times Reporter Subpoenaed Over Source for Book": The New York Times today contains an article that begins, "A federal grand jury has issued a subpoena to a reporter of The New York Times, apparently to try to force him to reveal his confidential sources for a 2006 book on the Central Intelligence Agency, one of the reporter's lawyers said Thursday." Posted at 11:30 AM by Howard Bashman The U.S. Court of Appeals for the D.C. Circuit today issued an order denying rehearing en banc in Bismullah v. Gates: The order denying rehearing en banc, in this Guantanamo detainee-related case in which the U.S. Supreme Court previously indicated it was looking forward to receiving the D.C. Circuit's views, is accompanied by five separate opinions -- two concurring in the denial of rehearing en banc and three dissenting therefrom. According to today's order, five of the D.C. Circuit's active judges voted to grant rehearing en banc. Because that court currently consists of ten active judges, a majority of six votes was needed to grant rehearing en banc. At "SCOTUSblog," Lyle Denniston has a post titled "No rehearing on major detainee ruling." In September 2007, Lyle previewed the federal government's rehearing request in this post. I had this post about the original three-judge panel D.C. Circuit's ruling in this case on July 20, 2007, the day that opinion issued. "Four judges in the hat for Nichols trial": This article appears today in The Atlanta Journal-Constitution, along with an article headlined "Nichols writer didn't expect fuss." Posted at 09:45 AM by Howard Bashman "Mukasey's Mojo: Yes, he stonewalled on water-boarding, but the attorney general's testimony still revealed something profound about the man himself." Benjamin Wittes has this essay online at The New Republic. Posted at 09:42 AM by Howard Bashman "Stanford's Lessig tackling even bigger battle": This article appears today in The San Francisco Chronicle. Posted at 09:40 AM by Howard Bashman "Surveillance Law Extended For 15 Days": Dan Eggen has this article today in The Washington Post. Posted at 09:36 AM by Howard Bashman "Bush's hedge on bill renews debate over 'signing statements'; Critics worry they may be seen as giving the president authority to disregard laws that have been passed": This article appears today in The Los Angeles Times. Posted at 09:35 AM by Howard Bashman "TiVo Wins Injunction in Patent Fight; Since the 'eBay' ruling, injunctions have been harder to come by": law.com provides this report. The Rocky Mountain News reports today that "Court upholds patent infringement ruling." And Reuters reports that "U.S. patent court rules for TiVo, against EchoStar." My earlier coverage of yesterday's Federal Circuit ruling appears at this link. "Release of 1950s U.S. Grand Jury Transcripts Is Sought in Rosenberg Atomic Spy Case": This article appears today in The New York Times. Posted at 09:05 AM by Howard Bashman "Crime Victims' Right to Object to a Plea Agreement": Paul Cassell has this post at "The Volokh Conspiracy." Posted at 08:50 AM by Howard Bashman "Backlog: Texas Supreme Court justices must dispose of their cases in a more timely manner." This editorial appears today in The Houston Chronicle. Posted at 08:47 AM by Howard Bashman "Ex-high school athlete sues N.J. Supreme Court justice": The Atlantic City (N.J.) Press today contains an article that begins, "A former high school football player is suing a state Supreme Court justice, alleging the justice used his power to intervene in a dispute between his son and the teen. Conor Larkin, who played on the Haddonfield High School football team with Justice Roberto A. Rivera-Soto's then-sophomore son, is seeking unspecified monetary damages in the suit filed Thursday. In July, the state Supreme Court took the rare step of censuring Rivera-Soto for his conduct in the case. The court found that he violated judicial standards while interceding in the dispute." And The Newark (N.J.) Star-Ledger reports today that "Star athlete sues state justice over dispute with son." "Justice Delayed: Judicial confirmations should keep pace with Clinton's final years." U.S. Senator Arlen Specter (R-PA), the ranking Republican on the Senate Judiciary Committee, has this op-ed today in The Wall Street Journal. Posted at 08:33 AM by Howard Bashman "Testimony focuses on campaign work in Wecht trial": Jason Cato has this article today in The Pittsburgh Tribune-Review. And The Pittsburgh Post-Gazette reports today that "More Wecht staffers say errands impaired work." "Bail bond company sees Wesley Snipes as flight risk; Judge refuses firm's motion to be released from actor's bond; jury still deliberating": The Ocala Star-Banner contains this article today. Posted at 08:04 AM by Howard Bashman "Law students protest Bybee's torture memo; Audience members place trash bags on heads during talk by former chief of Bush's Office of Legal Counsel": This article appears today in The Yale Daily News. Posted at 07:55 AM by Howard Bashman "Oregon court upholds award; State justices affirm a $79.5 million verdict against Philip Morris for a second time": Ashbel S. Green has this article, in which I am quoted, today in The Oregonian. Posted at 07:50 AM by Howard Bashman In commentary available online from FindLaw: Scott Gerber and Kevin Hawley have an essay entitled "Blame Canada: The Arguments For and Against Increasing Federal Judicial Salaries." And Vikram David Amar has an essay entitled "The California Supreme Court's Decision on Whether an Employee Can Be Fired For Testing Positive for Off-the-Job, Doctor-Suggested Medical Use of Marijuana." "Alito Stops Short of Thomas, Scalia in Abortion, Religion Cases": Greg Stohr of Bloomberg News provides this interesting report, based in part on Stohr's recent interview with Justice Samuel A. Alito, Jr. Posted at 07:35 AM by Howard Bashman  
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