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Tuesday, February 27, 2007 "Government by Law, Not Faith": The New York Times on Wednesday will contain an editorial that begins, "The Supreme Court hears arguments today in a case that could have a broad impact on whether the courthouse door remains open to ordinary Americans who believe that the government is undermining the separation of church and state." Posted at 11:25 PM by Howard Bashman "Court to rule on Smith's remains Wednesday": The Palm Beach Post provides a news update that begins, "An appeals court has scheduled 40 minutes of oral arguments from attorneys for Anna Nicole Smith's mother, her companion and a guardian for her infant daughter for Wednesday morning, after which it is expected to rule on whether the remains of the blonde bombshell will be buried in the Bahamas or in Texas." Posted at 11:17 PM by Howard Bashman "Jailers Testify About Padilla's Confinement": This article will appear Wednesday in The New York Times. The Washington Post on Wednesday will report that "Padilla Was Deprived, Not Abused, Court Told." USA Today on Wednesday will report that "Brig officials offer look at Padilla's detention." And BBC News provides a report headlined "Padilla has 'no mental problems'; Jose Padilla was arrested at Chicago airport in May 2002; Jail officials say that a US citizen suspected of being an al-Qaeda conspirator displays no serious symptoms of mental problems." "Justices Hear Arguments on Autism-Case Dispute": Linda Greenhouse will have this article Wednesday in The New York Times. Posted at 11:02 PM by Howard Bashman "Long Island grandmother sues for right to visit grandchild": The Associated Press provides a report that begins, "A wealthy woman, following a related and favorable state Court of Appeals ruling this month, asked a court Tuesday to order her daughter and son-in-law to let her visit her only grandchild." Posted at 10:52 PM by Howard Bashman "PhD student sues over citation for swearing at airport": The Los Angeles Times provides a news update that begins, "If 'Snakes on a Plane' ever films a sequel at John Wayne Airport, actor Samuel L. Jackson better watch his tongue -- unless a potty-mouthed dance student wins a free speech lawsuit filed against Orange County this month." Posted at 10:00 PM by Howard Bashman "'Struck by lightning' 3 times over; Northwestern places 3 grads at one time in prestigious Supreme Court clerkships for only 2nd time ever": This article appears today in The Chicago Tribune. Posted at 09:00 PM by Howard Bashman "Judge says local suspect will stand trial for sodomy": The Bay City Times on Saturday contained an article that begins, "Bay County Circuit Judge Joseph K. Sheeran ruled Friday that even though Michigan law does not explicitly define sex with a dead dog as a crime, charges against a Saginaw man will stand." And last Wednesday, that newspaper previewed the ruling in an article headlined "Judge plans to rule Friday on Bay County dead-dog sodomy case." "Overruling Roe v. Wade: A Post in Three Parts. Part I: Who’s Afraid of John Roberts?" Jessie Hill has this post today at "PrawfsBlawg." Posted at 07:35 PM by Howard Bashman "Abuseless: The Padilla case proves the futility of mistreating prisoners." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 07:32 PM by Howard Bashman "High court to revisit primary-election politics": Tony Mauro has this news analysis online today at the First Amendment Center. Posted at 07:30 PM by Howard Bashman "Supreme Court takes up church-state case; A Wisconsin group says the president's faith-based initiative is illegal; But can taxpayers sue the government over funding?" Warren Richey will have this article Wednesday in The Christian Science Monitor. Posted at 07:28 PM by Howard Bashman "Supreme Reality: High Court and low politics." Thomas Sowell has this essay today at National Review Online. Posted at 05:40 PM by Howard Bashman "Judge: U.S. Can Deny Funds to AIDS Group." The Associated Press provides a report that begins, "A federal appeals court ruled Tuesday that the Bush administration can deny funding to nonprofit AIDS groups that don't publicly disavow prostitution and sex trafficking." My earlier coverage appears at this link. Today's Fourth Circuit rulings of note: 1. Apparently anyone who wishes to register a ".us" domain name must publicly disclose information that would not have to be publicly disclosed in registering a ".com" domain name. In a ruling issued today, the Fourth Circuit dismissed for lack of standing a First Amendment challenge to the disclosure requirement. 2. Today's second ruling of note reveals the sad truth that your post-auto accident new best friend who wants to take you water skiing, jet skiing, riding horses, and enjoying amusement park rides may in actuality be a private investigator hired by the insurance company that's contesting the severity of the injuries you claim to have sustained in the accident. Even worse, if you obtain a judgment against the private investigator for fraud, intentional and negligent infliction of emotional distress, and unfair and deceptive trade practices, causing the PI to file for bankruptcy, the judgment you recover on those claims remains dischargeable in bankruptcy notwithstanding the fraud exception. "Twist of Feet": At "The BLT: The Blog of Legal Times," Tony Mauro has this post explaining why Justice Stephen G. Breyer was seen "walking with a cane Tuesday as he left the bench." Posted at 03:37 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral argument in Winkelman v. Parma City School Distr., No. 05-983: You can access the transcript at this link. Posted at 03:18 PM by Howard Bashman Second Circuit affirms dismissal of lawsuit challenging Port Washington, New York public high school's policy to report student pregnancies to the principal, the superintendent, and the student's parents: Today's ruling agrees with the district court that the challengers to the policy lack standing. Posted at 03:15 PM by Howard Bashman "Litigation is costly enough without judges' making it more so by throwing open the door to defamation suits against expert witnesses." A neurosurgeon victorious in defense of a malpractice lawsuit decided to turn the tables and sue for defamation the neurosurgeon who served as the plaintiff's expert witness in the earlier lawsuit. The U.S. Court of Appeals for the Seventh Circuit today issued this decision affirming the dismissal of the second lawsuit. Circuit Judge Richard A. Posner wrote the opinion on behalf of a unanimous three-judge panel. Posted at 02:35 PM by Howard Bashman Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "Detainees seek quick Court ruling" and "Establishment Clause redux: Argument 2/28/07." Posted at 02:30 PM by Howard Bashman "Lawyer Argues for Parents' Right to Sue": The Associated Press provides a report that begins, "Parents should not be forced to hire a lawyer to sue public school districts in federal court over the special education needs of their children, the lawyer for parents of an autistic child told the Supreme Court Tuesday." And at WSJ.com's "Law Blog," Ben Winograd has a related post titled "Young Lawyer Jumps Off the Goldstein Track, For Now." In today's mail: The 2007 edition of The Green Bag Almanac & Reader. You can view excerpts from the 2006 edition by clicking here. And a press release announcing The Green Bag's exemplary legal writing honorees for 2006, whose work is featured in the 2007 edition, can be accessed here. Posted at 11:35 AM by Howard Bashman "The Case For A National Security Court": In this week's issue of National Journal, columnist Stuart Taylor Jr. has an essay that begins, "A front-page, February 20 federal appeals court decision moved another big 'enemy combatant' case down the road toward an eventual Supreme Court decision, probably in June 2008. But the outcome, like the current situation, will be unsatisfactory no matter how the justices rule." Posted at 11:10 AM by Howard Bashman "Judge sinks City bid to cap ferry payout; Liability may hit billions": The New York Post today contains an article that begins, "In a ruling that could potentially cost the city billions, a federal judge yesterday refused to limit liability claims in the 2003 Staten Island Ferry crash that killed 11 people." The New York Times reports today that "Judge Rejects Cap on Awards in Ferry Crash." The Staten Island Advance contains articles headlined "No limit on awards for victims in ferry crash; Judge rejects city attempt to cap liability in accident; millions in damages likely" and "For families, ruling soothes the pain, a little." And The New York Daily News contains an article headlined "S.I. ferry victims in Mike plea." You can access yesterday's ruling of the U.S. District Court for the Eastern District of New York at this link. "Court Declares Bosnia Killings Were Genocide": This article appears today in The New York Times, along with an article headlined "Bosnian Muslims View Ruling as Another Defeat." And The Toronto Globe and Mail reports today that "Genocide ruling angers Bosnian Muslims; Serbia not directly responsible for slaughter but failed to prevent it, world court says." You can access yesterday's ruling of the International Court of Justice at this link. Condition that recipients of aid from the U.S. government for HIV/AIDS relief efforts worldwide have a policy opposing prostitution and sex trafficking does not violate the First Amendment rights of those aid recipients: A unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued this ruling today. Posted at 10:22 AM by Howard Bashman "Ruling may constrain researchers; State high court says journalists and scholars can be held liable for privacy invasion if they misrepresent themselves to obtain information": Maura Dolan has this article today in The Los Angeles Times. Today in The San Francisco Chronicle, Bob Egelko reports that "Top state court rules in key privacy case." And David Kravets of The Associated Press reports that "Justices OK lawsuit against researcher accused of privacy breach." You can access yesterday's ruling of the Supreme Court of California at this link. "Free speech: more important than eating your spinach; Free expression is under attack by vegetables and the California legislators who eat them." This editorial appears today in The Los Angeles Times. Posted at 08:17 AM by Howard Bashman "Judge Dismisses Juror in Libby Trial": Neil A. Lewis has this article today in The New York Times. The Washington Post reports today that "Juror Is Dismissed From Libby Trial; She Got Information Outside Court; Panel of 11 to Continue." The Los Angeles Times reports that "Libby juror dismissed; panel of 11 continues deliberations; The woman was exposed to information about the trial of Dick Cheney's former chief of staff." In The New York Sun, Josh Gerstein reports that "Libby Juror Dismissed From Case." And USA Today reports that "Deliberations in Libby trial proceed with only 11 jurors." "Psychologist: Padilla fit for trial." This article appears today in The South Florida Sun-Sentinel. And The Los Angeles Times reports today that "Padilla prosecutors can't cite purported terror manual; It advises behavior shown by the terror suspect, they argued; But the judge in his competency hearing rejects it as evidence." "Testing the line between despotism and a free society": Today in The Boston Globe, columnist Scot Lehigh has an op-ed that begins, "Habeas corpus is now headed back to the US Supreme Court, in a case that will prove a fundamental test of US justice." Posted at 07:58 AM by Howard Bashman "High Court to Hear Case for Autistic Boy": The Associated Press provides this report. Posted at 07:45 AM by Howard Bashman "Director of 'Sex, Lies and Videotape' Is Cut From Real Role as Sex-Trial Juror": This article appears today in The New York Times. Posted at 07:44 AM by Howard Bashman "Canada's Move to Restore Rights": The New York Times today contains an editorial that begins, "The United States was not the only country to respond to the horror of the Sept. 11 terrorist attacks with policies that went much too far in curtailing basic rights and civil liberties in the name of public safety." Posted at 07:40 AM by Howard Bashman "Justices mull liability in police chase; The Supreme Court seems likely to shield officers if they ram a speeding car off a road to protect the public": David G. Savage has this article today in The Los Angeles Times. Today in The Washington Post, Robert Barnes reports that "Justices Weigh Police Chase Video; Tape Is at Heart of '01 Crash That Left Fleeing Suspect Paralyzed." In USA Today, Joan Biskupic has an article headlined "High court case could change car-chase rules; Issue: What can police rightly do?" And The Atlanta Journal-Constitution reports that "Police rules of pursuit scrutinized in 2 cases." "License to speak: 'Choose Life' plates promote adoptions, spur healthy debate." Tom Brejcha has this op-ed today in USA Today, which also contains a related editorial entitled "Put messages on bumper stickers, not license plates; Plates started as vehicle IDs; it's a good place to finish." Posted at 06:35 AM by Howard Bashman "The Supreme Court's Decision to Overturn a $79.5 Punitive Damages Verdict Against Philip Morris: A Big Win, But One With Implications That May Trouble Corporate America." Anthony J. Sebok has this essay online today at FindLaw. Posted at 06:30 AM by Howard Bashman  
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