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Tuesday, February 13, 2007 Programming note: As noted in this earlier post, I'll be attending an event at the National Constitution Center this evening. Additional posts will appear here Wednesday morning. Posted at 04:35 PM by Howard Bashman "Libby, Cheney Avoid Stand in Leak Trial": The Associated Press provides this report. The Washington Post provides a news update headlined "Neither Cheney nor Libby Will Testify." And The Los Angeles Times provides a news update headlined "Libby, Cheney will not testify in leak case." "Florida Mulls Lethal Injection Problems": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:14 PM by Howard Bashman "Decision on appeal to take months; UA team to file petition with high court by end of February": Wednesday's edition of The Pacific Daily News of Guam contains an article that begins, "Guam residents might know within the next few months whether the U.S. Supreme Court will agree to hear an election challenge by Democratic gubernatorial candidate Robert Underwood and running mate Frank Aguon Jr." Posted at 03:12 PM by Howard Bashman "Jones sworn in as high court judge": The Times Union of Albany, New York provides a news update that begins, "Gov. Eliot Spitzer's first nominee to the state's highest court - an African-American Vietnam veteran - was sworn into office this morning in a moving ceremony in Court of Appeals Hall." Posted at 03:10 PM by Howard Bashman "House rejects abortion measure; Cost of state-led legal battle over Roe cited": The Deseret Morning News today contains an article that begins, "The Utah House on Monday voted against funding a multimillion-dollar fight against Roe v. Wade, reverting instead to a ban on abortions that would take effect if another state's legal challenge of the landmark ruling is successful." And The Salt Lake Tribune today contains an article headlined "House: Utah should not lead abortion fight." "Navajo Nation holds court at College": Today's issue of The Dartmouth contains an article that begins, "The Navajo Nation Supreme Court heard the case of Navajo Transport Services, Inc. v. Schroeder in Cook Auditorium Monday afternoon." Posted at 03:04 PM by Howard Bashman "Court Upholds Freeze on Islamic Charity": The Associated Press provides a report that begins, "A federal appeals court on Tuesday upheld the government's decision to freeze the assets of a Missouri-based Islamic charity with alleged links to a foreign group that supports terrorism." My earlier coverage appears here. "DC Circuit thoughtfully weighs in on crack sentencing after Booker": Law Professor Doug Berman has this post at his "Sentencing Law and Policy" blog. My earlier coverage of today's D.C. Circuit ruling appears at this link. Muzak leaps to the foreground of this Seventh Circuit decision: A 23-page opinion that the U.S. Court of Appeals for the Seventh Circuit issued today begins, "When Minnesota Mining and Manufacturing Company, more commonly known as '3M', decided to end its involvement in the background music business, 3M's dealers, including the Sound of Music company, were understandably concerned." Posted at 12:10 PM by Howard Bashman "Anchorage, Alaska, is substantially larger, at 1,961 square miles; relegating all adult businesses to areas where only moose and bears would be available as patrons could not satisfy the first amendment." So writes Seventh Circuit Chief Judge Frank H. Easterbrook today on behalf of a unanimous three-judge panel in rejecting an adult book and video store's challenge to the zoning code applicable to such establishments in Marshall, Illinois. You can access the opinion at this link. Posted at 12:08 PM by Howard Bashman "Court asked to break detainee logjam": Lyle Denniston has this post at "SCOTUSblog." Posted at 11:50 AM by Howard Bashman Eighth Circuit reverses grant of summary judgment in favor of Wal-Mart on EEOC's lawsuit alleging that Wal-Mart violated the Americans with Disabilities Act when it refused to hire a man as a greeter or cashier because of mobility limitations caused by cerebral palsy: You can access today's ruling at this link. Posted at 11:45 AM by Howard Bashman "The Supreme Court Revealed with Jeffrey Rosen and Jan Crawford Greenburg": This event remains scheduled for this evening at the National Constitution Center at the height of the forthcoming winter storm. I am planning to attend. At this very moment, and until noon eastern time, Jan and Jeff are discussing their books live on WHYY Radio's "Radio Times with Marty Moss-Coane." You can listen live using either RealPlayer or Windows Media Player. [Update: The live broadcast has just concluded. You can access the audio online, on-demand in both RealPlayer and mp3 formats.] I am reliably advised that on the afternoon of February 27, 2007, the Jan and Jeff book roadshow will take them to Georgetown Law, where Law Professor Neal K. Katyal (who yesterday spoke in Philadelphia and last week spoke at Dartmouth) will moderate a discussion on their new books. And Jan will join law.com's Tony Mauro and Second Circuit Judge Rosemary S. Pooler in Syracuse, New York on September 17th. Some details can be accessed here. Finally, Professor Rosen appeared on last night's broadcast of "The Daily Show With Jon Stewart" in a segment described by that program as "Jeffery Rosen tells Jon that Supreme Court Justice Antonin Scalia is a huge dick." D.C. Circuit rejects Islamic American Relief Agency's challenge to having been designated as a branch office of a Specially Designated Global Terrorist: You can access today's ruling at this link. Posted at 10:15 AM by Howard Bashman "It has taken many years, but the court finally has concluded that it is authorized to hold, and does hold, that a district court, in sentencing a defendant, may properly take into account the fact that the 100-to-1 ratio embedded in the Sentencing Guidelines for crack-to-powdered cocaine offenses bears no meaningful relationship to a defendant's culpability." So writes D.C. Circuit Judge Judith W. Rogers in a concurring opinion issued today. You can access the court's ruling, issued by a unanimous three-judge panel, at this link. My post mentioning an earlier, similar Third Circuit ruling can be accessed here. U.S. Court of Appeals for the Sixth Circuit adjudicates copyright-infringement-and-ownership action between Sony and the widow of renowned country-music singer and songwriter Roger Miller: You can access today's ruling at this link. Posted at 09:33 AM by Howard Bashman "Britain: Problems remain in Guantanamo war court; Britain's attorney general condemned the latest Pentagon version of the Guantanamo war court; a senior Democratic senator plans to offer a revision today." This article appears today in The Miami Herald. Posted at 08:55 AM by Howard Bashman "Zazzali asks raise for state judiciary; Chief justice sees danger of 'constitutional crisis'": The Newark (N.J.) Star-Ledger contains this article today. Posted at 08:54 AM by Howard Bashman "Libby Lawyers Open Case With Denials by Reporters": This article appears today in The New York Times. The Washington Post reports today that "Journalists Testify That Libby Never Mentioned CIA Officer; Some Say They Learned of Plame's Identity From Other Sources." And Dana Milbank's "Washington Sketch" column is headlined "Star Character Witnesses at Libby Trial." The Los Angeles Times reports that "Journalists take stand in Libby's defense; Bob Woodward and others say the Cheney aide wasn't the one who told them about CIA agent Valerie Plame." In The New York Sun, Josh Gerstein reports that "Libby's Jury Hears Rant Of Diplomat." USA Today reports that "Libby didn't spill name, reporters say; First witnesses for defense testify at former aide's trial." Finally, yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Woodward, Novak: Armitage Was Leak Source" (RealPlayer required) featuring Nina Totenberg. And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Defense Lawyers Paint Libby as Scapegoat" (RealPlayer required) also featuring Ms. Totenberg. "Anniversary of same-sex weddings; 3 years after Newsom ordered city to marry gay, lesbian couples, backers honor the grateful, embattled mayor": The San Francisco Chronicle contains this article today. And The Newark (N.J.) Star-Ledger today contains an article headlined "Drive for marriage amendment launched; Plan bans gay nuptials but not civil unions." "Doctor: Execution flawed at start; It is not known if Angel Diaz suffered any pain during the botched execution." This article appears today in The St. Petersburg Times. And The Gainesville Sun reports today that "Experts testify on botched execution." "Justice defends death penalty": The Washington Times today contains an article that begins, "The U.S. Justice Department is defending the practice of seeking the death penalty in jurisdictions such as the District where local law bars capital punishment, including in the ongoing trial of a D.C. man accused of being an enforcer for a violent drug gang." Posted at 08:27 AM by Howard Bashman "Bill Would Make ISPs Keep Data On Users; Questions Are Raised On Privacy, Practicality": This article appears today in The Washington Post. Posted at 08:24 AM by Howard Bashman "Report Questions Constitutionality of Giving D.C. a Vote": The Washington Post today contains an article that begins, "The research arm of Congress says that legislation to give the District a vote in the House of Representatives is probably unconstitutional, a finding that could jeopardize its chances of passage, officials and analysts said yesterday." Update: The title of the Congressional Research Service's recent report on this subject is "The Constitutionality of Awarding the Delegate for the District of Columbia a Vote in the House of Representatives or the Committee of the Whole." "Supreme Court Justice Alito speaks today at law school": The Tuscaloosa News today contains a newsbrief that begins, "U.S. Supreme Court Justice Samuel Alito will speak to students at the University of Alabama School of Law today at 2 p.m. in the McMillan Lecture Hall at the law school." Posted at 08:07 AM by Howard Bashman "S.E.C. Seeks to Curtail Investor Suits": The New York Times today contains an article that begins, "The Securities and Exchange Commission has begun to take steps on two fronts to protect corporations, executives and accounting firms from investor lawsuits that accuse them of fraud. Last Friday, the commission filed a little-noticed brief in the Supreme Court urging the adoption of a legal standard that would make it harder for shareholders to prevail in fraud lawsuits against publicly traded companies and their executives. At the same time, the agency’s chief accountant told a conference that it was considering ways to protect accounting firms from large damage awards in cases brought by investors and companies." Posted at 08:00 AM by Howard Bashman "NY Senate approves Spitzer's nominee to state's highest court": The Associated Press provides this report. Posted at 07:58 AM by Howard Bashman "Patenting Life": Michael Crichton has this op-ed today in The New York Times. Posted at 07:55 AM by Howard Bashman "Some Judges Open to Cameras in Courtroom": The Associated Press provides a report that begins, "Reflecting on closely watched controversial cases, federal judges say the public would have benefited from televised trials. The judges' comments at an American Bar Association meeting came as lawmakers are considering bills that would open up federal courtrooms, including the Supreme Court, to cameras." Posted at 07:50 AM by Howard Bashman "The Federal Appellate Decision for the Plaintiffs in the Sex Discrimination Class Action Against Wal-Mart: What Will Wal-Mart Do Next?" Anthony J. Sebok has this essay online today at FindLaw. Posted at 06:47 AM by Howard Bashman  
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