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Wednesday, February 27, 2008 "Justices Take Up Battle Over Exxon Valdez Damages": Linda Greenhouse will have this article Thursday in The New York Times. Thursday in The Washington Post, Robert Barnes will have an article headlined "Justices Assess Financial Damages in Exxon Valdez Case; Supreme Court May Reduce Billions Awarded Over Environmental Debacle in Prince William Sound." law.com's Tony Mauro reports that "Supreme Court Could Limit Damages in Exxon Valdez Case; Packed courtroom hears historic 90 minutes of arguments." And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Justices Consider Exxon's Valdez Damages Challenge" (transcript with link to audio) featuring Marcia Coyle. "30-year Supreme Court reporter for NYT, Linda Greenhouse, accepts buyout offer": The Associated Press provides a report that begins, "Linda Greenhouse, who has covered the Supreme Court for The New York Times for 30 years, said Wednesday that she has accepted a buyout package from the newspaper." Posted at 11:04 PM by Howard Bashman Superior Court of Pennsylvania rejects confrontation clause challenge to Pennsylvania statute authorizing videotaped testimony by child witnesses: You can access yesterday's ruling at this link. Posted at 08:42 PM by Howard Bashman "Oil and Water: The Exxon Valdez case runs aground at the Supreme Court." Dahlia Lithwick has this Supreme Court dispatch online at Slate. And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Exxon Makes Case on Valdez for High Court" (RealPlayer required). "Documents Give Insight Into Hicks Case": The Associated Press provides a report that begins, "When young Australian David Hicks got an offer from a Saudi friend to go to Osama bin Laden's camps in Afghanistan in December 2000, he did not think twice." Posted at 05:34 PM by Howard Bashman "The Implications of the Exxon Valdez Oral Argument": Curt Cutting has this post at the blog "California Punitive Damages." Posted at 05:25 PM by Howard Bashman "Supreme Court Hears Exxon Case": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 04:18 PM by Howard Bashman "Exxon makes final pitch to avoid spill penalty": The Anchorage Daily News provides this update. Posted at 03:20 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral argument in Exxon Shipping Co. v. Baker, No. 07-219: You can access the transcript at this link. Posted at 02:55 PM by Howard Bashman "Supreme Court Recusals Because of Stock Ownership": Eugene Volokh has this post at "The Volokh Conspiracy." I just posted a comment over there in response to the post. Posted at 02:48 PM by Howard Bashman In today's mail: Charles Lane's new book, "The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction." Chuck began researching and writing this book while serving as U.S. Supreme Court correspondent for The Washington Post. After completing the book, he returned to that newspaper, where he now serves as an editorial writer. The book has received much praise in advance of its official publication from notable authors including Pulitzer Prize-winning historian David J. Garrow, Jeffrey Rosen, Jan Crawford Greenburg, Dahlia Lithwick, and George F. Will. The book officially goes on sale March 4, 2008, although you can now pre-order it (and save 34 percent off its cover price) via Amazon.com. The Associated Press is reporting: Lara Jakes Jordan reports that "Mukasey Visits Guantanamo." And in other news, "Bush Urges House to Pass Intel Law." "Supreme Court split on Exxon damages; A tie vote is possible as justices debate whether to uphold the $2.5 billion verdict on the 1989 Valdez oil spill": David G. Savage of The Los Angeles Times provides this news update. Greg Stohr of Bloomberg News reports that "Exxon Valdez Award Questioned at U.S. Supreme Court." And James Vicini and Chris Baltimore of Reuters report that "Supreme court hears Exxon Mobil Valdez appeal." "Court Could Limit Exxon Valdez Damages": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court on Wednesday seemed inclined to reduce the $2.5 billion award of punitive damages to victims of the Exxon Valdez disaster." And at "SCOTUSblog," Lyle Denniston has a post titled "Exxon may both lose and win." "Fortunately, we need not decide today whether a seller of drugs or medical devices has a constitutional right to promote off-label uses." Chief Judge Frank H. Easterbrook today issued this ruling -- which contains an interesting discussion of the constitutionality of limits on commercial speech -- on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Posted at 11:54 AM by Howard Bashman "Supreme Court rules against Mayor Kilpatrick": The Detroit News provides an update that begins, "The Michigan Supreme Court in a unanimous decision has declined to hear an appeal from Detroit Mayor Kwame Kilpatrick to keep documents from a secret settlement of a whistle-blowers' lawsuit from being made public. The ruling ends the City of Detroit's months-long attempts to conceal the secret details of a deal to keep the embarrassing text messages private." The Detroit Free Press provides a news update headlined "Supreme court backs document release; State's high court won't hear appeal." And The Associated Press reports that "Mich. Court Rejects Detroit Mayor Case." You can access today's order of the Supreme Court of Michigan at this link. The City of Detroit issued this statement in response to the order. Someday, Linda Greenhouse will cease covering the U.S. Supreme Court for The New York Times: In this post at National Review Online's "Bench Memos" blog, Ed Whelan says Greenhouse will conclude her coverage of the Court for The NYTimes at the end of this Term. Posted at 11:20 AM by Howard Bashman "Court rules on pleading age bias case": Lyle Denniston has this post at "SCOTUSblog." And Mark Sherman of The Associated Press reports that "FedEx Workers Can Sue Over Age Bias." Today's only U.S. Supreme Court opinion in an argued case issued in Federal Express Corp. v. Holowecki, No. 06-1322. You can access the ruling at this link and the oral argument transcript at this link. "Minimize the politics in selecting justices": Today in The Detroit Free Press, Cate McClure has an op-ed that begins, "In a recent U.S. Supreme Court case upholding a New York law on the election of judges, several of the justices wrote concurring opinions to pointedly question whether judicial elections promote the perception or reality of judicial independence and excellence. The issue is important to Michigan." Posted at 09:50 AM by Howard Bashman "Attorney: Jailhouse lawyer under investigation for legal help." The Associated Press provides a report that begins, "The prison law clerk who convinced the U.S. Supreme Court to hear a fellow inmate's case is being investigated by South Carolina authorities for practicing law without a license, the prisoner's attorney said. Lawyer Rauch Wise said the state attorney general's office informed him last week they were investigating Michael Ray, a federal inmate in South Carolina." Posted at 09:47 AM by Howard Bashman "NBC game show faces illegal gambling lawsuit": In today's edition of The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "When a Forsyth County couple sent 99-cent text messages trying to win a prize on the NBC game show 'Deal or No Deal,' they engaged in illegal gambling and should get their money back, a lawyer told the Georgia Supreme Court on Tuesday." Posted at 09:44 AM by Howard Bashman "Judge is asked to rescind shutdown of website; Media and public interest organizations tell the jurist that his order violates constitutional provisions against prior restraint of free speech": Today in The Los Angeles Times, Henry Weinstein has an article that begins, "A coalition of media and public interest organizations went to federal court in San Francisco on Tuesday urging a judge to reconsider his order to shut down a muckraking website that publishes leaked documents from businesses and government agencies worldwide." And the organization Electronic Frontier Foundation has issued a news release headlined "EFF, ACLU Move to Intervene in Wikileaks Case; Domain Name Shutdown Harms First Amendment Right to Access Information." You can view the motion to intervene by clicking here. "After 6 years, al Qaeda suspect meets lawyers; In secret detention at Guantanamo Bay, an Al Qaeda suspect saw lawyers for first time since his 2003 capture": Carol Rosenberg has this article today in The Miami Herald. Posted at 09:25 AM by Howard Bashman "Keep crack criminals in prison; A move to revise offenders' sentences should stop until its effects can be weighed": Acting Deputy U.S. Attorney General Craig Morford has this op-ed today in The Los Angeles Times. Posted at 09:23 AM by Howard Bashman "Village sues energy firms for climate change; 23 companies blamed for emissions tied to coastal erosion threat": The Anchorage Daily News today contains an article that begins, "The eroding village of Kivalina in the Northwest Arctic is suing Exxon Mobil and 23 other energy companies for damage related to global warming. The suit was filed Tuesday in the U.S. District Court in San Francisco on behalf of the Native village's federally recognized tribe and its city government, according to lawyers for the village. Kivalina, located on a shrinking barrier island in the Chukchi Sea, says the energy companies should pay to move the village to safer ground." The newspaper has posted online at this link a copy of the complaint initiating suit in federal court. And The New York Times reports today that "Flooded Village Files Suit, Citing Corporate Link to Climate Change." "Door Could Open To Class Actions; Banks watch closely to see if a couple's legal struggle with their lender will launch a new front in the battle over troubled mortgages": Today's edition of The Washington Post contains an article that begins, "A federal appeals court is nearing a decision on a battle between Chevy Chase Bank and a Wisconsin couple that could for the first time enable homeowners across the country to band together in class-action lawsuits against mortgage firms and get their loans canceled." Posted at 09:07 AM by Howard Bashman "A Case-by-Case Ruling on Discrimination": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Ruling May Aid Those Charging Age Bias." David G. Savage of The Los Angeles Times has an article headlined "No ruling from justices in age-bias case; The Supreme Court fails to say whether co-worker testimony should be allowed and returns the matter to the trial judge." And The Kansas City Star reports that "Supreme Court rules on Sprint age discrimination case." "In Wiretap Law's Stead, Uncertainty": The New York Times today contains an article that begins, "All last week, intelligence officials fielded calls from nervous lawyers for the country's phone companies. With a wiretapping law allowed to lapse in Congress, they were no longer certain what they were supposed to do when the government came to them with a wiretapping order, administration officials said." Posted at 08:55 AM by Howard Bashman "Court Decision Could Affect Wis. Appeal": The Associated Press provides a report that begins, "An accusatory letter penned by a woman who turned up dead ultimately helped a jury convict her husband. But it also could be what gets him a new trial in the nearly 10-year-old case." Posted at 08:52 AM by Howard Bashman "A tortured defense: The guessing game is over; We know the U.S. government OK'd and utilized waterboarding; So what -- if anything -- are we going to do about it?" Jonathan Turley has this op-ed today in USA Today. Posted at 08:44 AM by Howard Bashman "A lot rides on how 'flood' defined; La. justices hear arguments on Katrina's waters": This article appears today in The Times-Picayune of New Orleans, along with an article headlined "Insurance law's intent is key for high court." And The Advocate of Baton Rouge reports today that "Katrina cases get hearing; La. high court gets issue of wind-water damage." "Do you have a legal right to own a gun? It's been a divisive issue for decades; Finally, the Supreme Court weighs in." Joan Biskupic has this front page article today in USA Today. Posted at 08:20 AM by Howard Bashman "Case may change how published works used; Photographer sues National Geographic over photo reused in CD compilation": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Twelve federal judges heard arguments in Atlanta on Tuesday in an 11-year-old lawsuit that could have wide repercussions for the publishing industry. The 11th U.S. Circuit Court of Appeals considered the merits of a suit filed by a freelance photographer who sued National Geographic magazine for using his photographs in the publication's 1997 30-disc CD-ROM anthology. The hearing drew a packed house to the Elbert P. Tuttle U.S. Court of Appeals Building downtown, including former U.S. Attorney General Griffin Bell. Representing National Geographic was former Independent Counsel Kenneth Starr, author of the 1998 report to Congress that led to the impeachment of President Bill Clinton." And today's edition of the Fulton County Daily Report contains an article headlined "1976 Copyright Law Meets 21st Century in Case Before 11th Circuit; In closely watched case, court debates whether to join 2nd Circuit position or set its own path and a road to Supreme Court." "19 years later, Exxon Valdez case heads to closure; Alaskans say it has dragged on too long": James Oliphant has this article today in The Chicago Tribune. Today in The Wall Street Journal, Jess Bravin has an article headlined "Watershed for Punitive Awards: High Court Decision On Exxon Valdez Could Ripple Far." The Anchorage Daily News reports that "'Shame pole' points at Exxon; Court will hear oil giant's last arguments today." The Los Angeles Times contains a front page article headlined "Exxon Valdez oil spill lingers in Alaska; In one fishing village, residents say they've never recovered from the 1989 disaster; Now the Supreme Court is hearing arguments on whether the company should pay $2.5 billion in punitive damages." The Seattle Times reports that "19 years after Exxon spill, it's fishermen's big day." Mark Sherman of The Associated Press reports that "Supreme Court to Hear Exxon Valdez Case." Greg Stohr of Bloomberg News reports that "Exxon Valdez Spill Reaches U.S. Supreme Court After 19 Years." And Agence France Presse reports that "Two decades on, US high court takes up Exxon Valdez oil spill case."  
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