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Wednesday, February 14, 2007 "Justice Kennedy made an unusual appearance before the Senate Judiciary Committee this morning, ostensibly to talk about 'Judicial Security and Independence.'" So begins this post from ABC News correspondent Jan Crawford Greenburg at her "Legalities" blog today. Posted at 11:54 PM by Howard Bashman "Suit against Myspace.com dismissed by judge in Texas": The San Francisco Chronicle provides a news update that begins, "A Texas judge dismissed a lawsuit against MySpace on Wednesday that had blamed the popular Web site for not establishing enough safeguards to protect underage users." The Los Angeles Times provides a news update headlined "MySpace cleared in sexual assault case." The Associated Press reports that "Judge Tosses $30M Suit Against MySpace." And Reuters reports that "MySpace teen suit dismissed by Texas court." I have posted online at this link yesterday's ruling by U.S. District Judge Sam Sparks of the Western District of Texas. "Law would aid journalists but not bloggers": The San Antonio Express-News contains this article today. Posted at 11:44 PM by Howard Bashman "Senate Panel Hears of Ways to Protect Judges": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 07:22 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Tenor Ready for the Supremes"; "Cross-Dressing Lawyer Hangs Up His Dress"; and "Tenn. Custody Case Dragged on for Years." Posted at 06:55 PM by Howard Bashman "US Supreme Court Justice Urges Congress to Raise Judges' Pay": Voice of America News provides this report. Posted at 05:50 PM by Howard Bashman "Kennedy Makes Plea for Higher Judicial Salaries and No Cameras at the Supreme Court": law.com's Tony Mauro provides this report. Posted at 04:15 PM by Howard Bashman "Senate Judiciary Cmte. Hearing on Judicial Security and Independence": C-SPAN has posted online the video of today's hearing, at which Justice Anthony M. Kennedy testified, at this link (RealPlayer required). Posted at 03:58 PM by Howard Bashman On Valentine's Day, the last gasp for Alabama sex toy litigation? A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today ruled that public morality remains a sufficient rational basis, even in the aftermath of Lawrence v. Texas, for upholding the constitutionality of an Alabama statute prohibiting the commercial distribution of devices "primarily for the stimulation of human genital organs." You can access today's decision at this link. In March 2006, law.com published an installment of my weekly "On Appeal" column headlined "11th Circuit's Abuzz With Sex Toy Litigation." "Judge: Defense Misled Court About Libby." The Associated Press provides this report. Posted at 02:37 PM by Howard Bashman "Microsoft settlement to close 'digital divide'": The Des Moines Register provides a news update that begins, "Lawyers announced a settlement of the Iowa class-action case against Microsoft this morning, sending home a Polk County trial jury that has spent nearly three months hearing the complicated civil lawsuit. Details of the settlement won't be announced until a preliminary hearing on April 20." The Associated Press reports that "Microsoft Settles Iowa Antitrust Case." Bloomberg News reports that "Microsoft Settles Iowa Consumer Antitrust Lawsuit." Reuters reports that "Microsoft reaches settlement in Iowa lawsuit." And c|net News.com reports that "Microsoft settles Iowa class action suit." Access online the prepared statements from today's Senate Judiciary Committee hearing on the subject of "Judicial Security and Independence": The written statements available online are from Justice Anthony M. Kennedy; U.S. District Judge D. Brock Hornby; John F. Clark, Director, U.S. Marshals Service; and committee chair Patrick J. Leahy (D-VT). Posted at 02:25 PM by Howard Bashman Today's rulings of note from the U.S. Court of Appeals for the Seventh Circuit: The Seventh Circuit today issued two decisions of note. 1. A man inspired by David Lee Roth at a Van Halen concert to become a street preacher nearly wins his challenge to Vincennes University's "Sales and/or Solicitation Policy" governing uninvited public speakers. You can access today's opinion, written by Circuit Judge Richard A. Posner, at this link. 2. And a ruling written by Chief Judge Frank H. Easterbrook observes that the opposing parties in that case "misunderstand the role of statistical inference" in proving something of consequence in a litigated matter. As a result, Chief Judge Easterbrook undertakes to explain how lawyers should and should not use statistics in court. "Justice Kennedy Says Morale Low Over Pay": The Associated Press provides this report. Posted at 11:38 AM by Howard Bashman Senior Seventh Circuit Judge Thomas E. Fairchild has died at the age of 94: This obituary appears today in The Wisconsin State Journal (via "Althouse"). Posted at 10:40 AM by Howard Bashman "Judges stand by Columbia group's terrorist label; Ruling affirms asset freeze on Islamic American Relief Agency": The Kansas City Star contains this article today. And The Columbia Missourian reports today that "IARA asset freeze is upheld; Judge says Columbia agency is branch of a suspect group." My earlier coverage of yesterday's D.C. Circuit ruling can be accessed here. "Libby's Memory Famously Faulty, Colleague Says": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:20 AM by Howard Bashman "Judicial Security and Independence": That's the title of this morning's Senate Judiciary Committee hearing at which Justice Anthony M. Kennedy is scheduled to testify. The hearing is due to begin at 10 a.m. eastern time, and a live video feed (once the hearing gets underway) can be accessed here (RealPlayer required). Posted at 09:15 AM by Howard Bashman "Magistrate will mediate case of jailed blogger": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge assigned a magistrate as a mediator Tuesday to try to resolve the case of Josh Wolf, the blogger who has been in prison nearly six months for refusing to turn over a videotape of an anarchist protest to a federal grand jury." Posted at 08:37 AM by Howard Bashman "Libby and Cheney Won't Testify, Says the Defense": The New York Times contains this article today. The Washington Post today contains a front page article headlined "Libby Defense to Rest Without Testimony by Him or Cheney." The Los Angeles Times reports that "Libby, Cheney will stay off the stand; The surprise decision eliminates what was seen as a key element of the former White House aide's defense." In The New York Sun, Josh Gerstein reports that "Libby Team Reverses Its Course; Defendant, Vice President Will Not Take the Stand." Yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Libby and Cheney Won't Take Stand in Leak Case" featuring Nina Totenberg. And today in The Boston Globe, columnist Alex Beam has an essay entitled "Libby trial -- when memory doesn't serve." "With Kagan, Law School Celebrates; Dean tears up amid 'I (Heart) EK' shirts donned by law students": This article appears today in The Harvard Crimson. Posted at 08:14 AM by Howard Bashman "Lack of Black Bench Nominees Criticized; No African-Americans in 62 openings for U.S. trial judgeships": law.com provides this report. Posted at 08:10 AM by Howard Bashman "Teacher Faces Jail Over Pornography on Class Computer": The New York Times today contains an article that begins, "Julie Amero, a substitute teacher at a middle school in Norwich, Conn., said she had simply wanted to e-mail her husband. The authorities contend that she was -- purposely or, perhaps, carelessly -- exposing 11- and 12-year-old students to pornography rather than teaching them English." The Associated Press reports that "Norwich substitute is 'scared'; Teacher denies guilt in porn case." Earlier, PC World columnist Steve Bass had an essay entitled "Teacher Faces Prison for Pop-Up Infested PC; Crazy, but true: Woman convicted of exposing minors to porn, could serve 40 years." And The Register (UK) reported that "Security pros work to undo teacher's conviction; 'This machine should not have been on the Internet.'" "Bill Would Restore Detainees' Rights, Define 'Combatant'": This article appears today in The Washington Post. Posted at 07:50 AM by Howard Bashman "Lawyers Defend Christian Prison Program in Iowa": The New York Times today contains an article that begins, "Lawyers for Prison Fellowship Ministries and its affiliate, the InnerChange Freedom Initiative, appeared before the United States Court of Appeals for the Eighth Circuit in St. Louis yesterday to defend the constitutionality of an evangelical Christian rehabilitation program they operate in a state prison in Iowa." The St. Louis Post-Dispatch reports today that "Ex-justice O'Connor on panel hearing prison ministry case." And The Des Moines Register today contains an editorial entitled "Redo prison ministry to uphold Constitution; Faith-based treatment can't discriminate." In addition, Rox Laird has an essay entitled "Signs point to compromise; Notes on Prison Ministries trial," while in yesterday's newspaper Laird had an essay entitled "Case from Iowa is new battle front in church-state war." The three-judge panel of the U.S. Court of Appeals for the Eighth Circuit that heard oral argument yesterday in Americans United For Separation of Church and State v. Prison Fellowship Ministries consisted of retired U.S. Supreme Court Justice Sandra Day O'Connor and Circuit Judges Roger L. Wollman and Duane Benton. You can download in mp3 format the audio of yesterday's appellate oral argument via this link. I previously posted online at this link the federal district court ruling under review, and I linked to press coverage of that ruling here, here, and here. "Judge Reprimands Reporter for Tactics in Obtaining Documents": Today in The New York Sun, Joseph Goldstein has an article that begins, "A federal judge castigated a New York Times reporter yesterday for allegedly stealing sealed court documents that later became the basis for two front-page scoops about a pharmaceutical company." The New York Times reports today that "Judge Rules Drug Documents Must Be Returned to Eli Lilly." And law.com reports that "N.Y. Federal Judge Faults Leak of Sealed Zyprexa Documents." You can access yesterday's ruling of Senior U.S. District Judge Jack B. Weinstein of the Eastern District of New York at this link. "Terror suspect's claim: Too traumatized for trial; Lawyers for Jose Padilla say torture in custody left him mentally unfit to go to court; Federal prosecutors say allegations of abuse have 'no merit whatsoever.'" This article appears today in USA Today. And The Associated Press reports that "Padilla Hearing Is Delayed." "The Need for Continuing Congressional Scrutiny of Credible Claims that Bush Administration Hiring and Firing of U.S. Attorneys Has Been Improperly Politically-Based": Carl Tobias has this essay online today at FindLaw. Posted at 06:58 AM by Howard Bashman "Alito traces court's history": This article appears today in The Tuscaloosa News. And The Crimson White today contains an article headlined "Alito: Oral arguments important to Court." Last night's event at the National Constitution Center: Last night's event featuring ABC News correspondent Jan Crawford Greenburg and Law Professor Jeffrey Rosen discussing their new books (see here and here, respectively) was very interesting and featured a good-size turnout despite the inclement weather. The audio from last night's event will eventually become available for download here as a podcast, and C-SPAN's "Book TV" was on hand to videotape the event for a future broadcast. Following the event, I had the pleasure of a lovely dinner with the author who ended up staying overnight in Philadelphia. The other author, who was celebrating a birthday yesterday, had the foresight to return to the Washington, DC area last night, thereby avoiding Philadelphia's version of this morning's ice storm. "Alito: Getting a word in not easy for new justices." The Associated Press provides this report from Tuscaloosa, Alabama. Posted at 12:03 AM by Howard Bashman  
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