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Saturday, March 31, 2007 "Decision nears for changing athletes' seasons; Supreme Court to look at Michigan case today; rejection would bring new schedules in fall": This article appeared yesterday in The Detroit News. And The Traverse City Record-Eagle reported yesterday that "MHSAA awaits high court ruling; Supreme Court considers season switch appeal." "Eminent domain holdouts sell; Two others still weighing their options": Today's edition of The Cincinnati Enquirer contains an article that begins, "Joy and Carl Gamble Jr. have reluctantly decided to give up plans to move back into the home they spent three years fighting to save from demolition in the landmark Norwood eminent domain battle. Because of serious health concerns, the Gambles have agreed to sell their house in Norwood to Rookwood Partners for $650,000 - or $370,000 more than the value a jury had placed on their property in the early part of the court fight." Posted at 08:25 PM by Howard Bashman "High court won't rule on policy; But another lawsuit planned over county's strip-searches": The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, "A court's ruling protecting Minnehaha County's policy of strip-searching juvenile delinquents will stand, but an opposing lawyer said he'll try the case again with hundreds of new plaintiffs. The U.S. Supreme Court said this week it will not hear the case of Jodie Smook, who as a 16-year-old in 1999 was required to strip to her underwear when she was held at the county's juvenile detention center for violating curfew." Posted at 08:22 PM by Howard Bashman "Pa. high court's burden: Bob Brady's case adds another load for a court that has been perceived as playing politics." The Philadelphia Inquirer today contains an article that begins, "The Pennsylvania Supreme Court has long had its issues - tiffs with the legislature, castigation of critics, even the impeachment in the mid-1990s of an errant justice. But perhaps the most enduring issue has been that it has not always been seen as a bastion of political independence. The decision last year to uphold pay raises for judges - while killing the raise for legislators - only fueled its image as a court too caught up in politics." Posted at 08:20 PM by Howard Bashman Boston Red Sox 7, Philadelphia Phillies 5 (preseason): Dice-K was credited with the win (access the box score at this link), giving up three runs over four innings. He appears to have a deceptive mix of pitches, but he wasn't always throwing them with great control. Not sure if he was featuring the gyroball as that's not a pitch description that the scoreboard at Citizens Bank Park features. The first regular season game for the Phillies is on Monday, and my son and I will be there, as noted in this earlier post. Posted at 05:45 PM by Howard Bashman "Australian Critics See Politics in Detainee Deal": The New York Times on Sunday will contain an article that begins, "In Australia, Prime Minister John Howard is facing accusations that the relatively brief sentence and yearlong order of silence on Guantanamo detainee David Hicks resulted from governmental pressure, charges he dismissed as 'absurd.'" Posted at 05:38 PM by Howard Bashman "The Conscience of the Colonel: Lt. Col. Stuart Couch volunteered to prosecute terrorists; Then he decided one had been tortured." Jess Bravin has this front page article (pass-through link) today in The Wall Street Journal. Posted at 05:35 PM by Howard Bashman And speaking of baseball: I was pleased to note that the Milwaukee Brewers will be playing at home during this year's session of the Seventh Circuit's Judicial Conference, at which I will be speaking. Based on the schedule of events, it appears that my best bet is to catch the game on the afternoon of Sunday, May 6, 2007 between the Brewers and the Pittsburgh Pirates. Although I once attended a Brewers game at Milwaukee County Stadium (versus the Atlanta Braves), I have yet to set foot inside Miller Park. "Judge's jury award cut; High court justice gets $3 million less": The Chicago Tribune today contains an article that begins, "Saying a $7 million verdict 'shocks this judicial conscience,' a trial judge Friday lopped $3 million from the amount a jury awarded to a state Supreme Court justice in a defamation case." The Daily Herald of Arlington Heights, Illinois reports today that "Justice's libel award cut in half; Judge says state chief justice got too much money." And The Kane County Chronicle contains an article headlined "Damages drop in libel case." Update: WSJ.com's "Law Blog" has posted the trial court's ruling granting remittitur at this link. "Testimony keeps Gonzales on the defensive; He's asked to clear one of the fired federal prosecutors; Congress interviews a Justice aide": The Los Angeles Times contains this article today. And Law Professor Douglas W. Kmiec has an op-ed entitled "In defense of Alberto Gonzales: When the attorney general testifies before a Senate committee, he'll have precedent and the Constitution on his side." The Boston Globe reports today that "In Hub visit, Gonzales defends dismissals; AG says firings weren't improper." The newspaper also contains an editorial entitled "An enlarging scandal at Justice." And The New York Times contains an editorial entitled "Avoiding Secret Testimony." "Plea deal gets Australian nine months on terror charges; A military jury decided on a seven-year sentence but was preempted": This article appears today in The Los Angeles Times. And in The Miami Herald, Carol Rosenberg has an article headlined "Aussie captive's deal: freedom by year-end; In a surprise deal, an al Qaeda foot soldier from Australia trades silence on any possible Guantanamo abuse for a nine-month prison sentence in his homeland." "Government argues Jefferson raid valid": Today's issue of The Washington Times contains an article that begins, "FBI agents who raided Rep. William J. Jefferson's Capitol Hill offices last year in a bribery investigation did not violate the law when they seized papers and electronic files, the government argued yesterday in documents filed in the U.S. Court of Appeals for the D.C. Circuit." Posted at 08:15 AM by Howard Bashman "Fenty, Groups Rally Against Court Ruling; Leaders, Youth Activists Decry Bid to Weaken Restrictions": The Washington Post today contains an article that begins, "Standing before about three dozen students and young adults, Ron Moten, the co-founder of the advocacy group Peaceoholics, painted a grim picture yesterday to illustrate why he hopes to save the District ban on handguns." Posted at 08:12 AM by Howard Bashman "An Upcoming Supreme Court Fourth Amendment Decision: Can a Passenger Be Constitutionally Searched After an Unconstitutional Traffic Stop?" Vikram David Amar has this essay online at FindLaw. Posted at 08:00 AM by Howard Bashman Friday, March 30, 2007 "Gonzales Offers Defense on Prosecutors' Dismissals": This article will appear Saturday in The New York Times. Today's newspaper, meanwhile, contains an editorial entitled "Story Time in the Senate." The Washington Post on Saturday will report that "Gonzales Repeats Explanation Of a Marginal Role in Firings." And today's newspaper contains an editorial entitled "Candor at the Capitol: A former aide provides some of the straight answers that have been lacking from the attorney general." The Los Angeles Times today contains articles headlined "Former aide contradicts Gonzales; D. Kyle Sampson tells senators that the attorney general played a key role in talks that led to the firing of U.S. attorneys" and "Gonzales' former aide rode the fast track; Senators balk at D. Kyle Sampson's limited experience as they look into Justice Department firings." And McClatchy Newspapers report that "Scandal gives Democrats a chance to investigate Rove." "A dog's life: What's it worth? Moves to raise the legal status of pets may lead to damage awards; But there are other issues." The Los Angeles Times contains this article today. Posted at 11:12 PM by Howard Bashman "Cover contraception: A federal court creatively interpreted the law to rule that health plans don't have to cover contraception; That could amount to discrimination." This editorial appears today in The Los Angeles Times. Posted at 11:08 PM by Howard Bashman "Georgia public defender system on trial; The high cost of Brian Nichols' death penalty case angers many in the state": The Los Angeles Times contains this article today. Posted at 11:04 PM by Howard Bashman "Gates is pushing to move terror trials from Guantanamo; The Defense secretary says he wants courts in the U.S. to hear the cases": This article appears today in The Los Angeles Times. Posted at 11:02 PM by Howard Bashman "Terror detainee will serve nine-month sentence in Australia": Carol Rosenberg of The Miami Herald provides this report. And The New York Times on Saturday will report that "Australian to Serve 9 Months in Terrorism Case." According to this article, "The agreement for just nine additional months of imprisonment was remarkable for a detainee who, before the plea negotiations, had faced a potential life term and had become an international symbol of many of the 385 detainees here." "Abortion Plan in Mexico City Shakes a Heavily Catholic Land": The New York Times on Saturday will contain an article that begins, "Dominated by liberals, Mexico City's legislature is expected to legalize abortion in a few weeks." Posted at 10:50 PM by Howard Bashman Available online from law.com: An article is headlined "2nd Circuit: To Ban Strip Clubs, Towns Must Show Evidence of 'Negative Secondary Effects.'" My earlier coverage appears at this link. In other news, "DOJ Official Brings Storm by Taking the Fifth in Gonzales Flap." And the brand new installment of my weekly "On Appeal" column is headlined "A User's Guide to Law School Supreme Court Clinics." Dice-K to start tomorrow's preseason game between the Boston Red Sox and Philadelphia Phillies at Citizens Bank Park: And my son and I will be in attendance. Apparently the game is nearly a sell-out, with only standing-room seats remaining. We will also be attending Monday's opening day game against the Atlanta Braves and Thursday's business person's special, also against the Braves. Any readers who felt that I had not attended enough Phillies games in past years may not feel that way this season. More info on Dice-K can be accessed here. The Associated Press is reporting: Now available online are articles headlined "Australian Gitmo Detainee Gets 9 Months"; "Media Chases Details of Hicks' Jail Life"; and "Gonzales Carries on As Attorney General." Posted at 09:10 PM by Howard Bashman "Judicial flap": Beaver County (Pa.) Times today contains an article that begins, "A state Supreme Court justice who thinks topless dancing constitutes free speech in Erie has a different opinion of Pittsburgh lawyers who speak out against the court, a Duquesne University law professor said Thursday." And The York Dispatch today contains an editorial entitled "Arrogance from Pa.'s top court." My most recent earlier coverage, from yesterday, appears at this link. I spoke briefly with Pennsylvania Supreme Court Justice Ronald D. Castille about this matter before the start of the CLE event that he and I (along with many others) attended today at the National Constitution Center. And this latest pay raise-related dust-up will likely be the subject of the April 2007 installment of my "Upon Further Review" column for The Legal Intelligencer. "A 'Real Problem’ for Gonzales? Democrats Still Say Lam Was Tossed for Pursuing Corruption Case." Lawrence Hurley has this article today in The Daily Journal of California. Posted at 08:27 PM by Howard Bashman "Webcasts open a window to Texas Supreme Court; Transparency leads to accountability, new insight": Today in The Houston Chronicle, Mark Trachtenberg has an op-ed that begins, "While the Texas Supreme Court falls below the U.S. Supreme Court in the judicial hierarchy, it leaped ahead of its federal counterpart last week in the transparency of its proceedings." Posted at 08:05 PM by Howard Bashman "Bush names Judge Elrod to 5th Circuit Court of Appeals; Perry appointee to district court would need Senate confirmation": This article appears today in The Houston Chronicle. Posted at 08:02 PM by Howard Bashman "Adult site's legal battle could aid Web hosting services": c|net News.com provides a report that begins, "A federal appeals court ruling in a case involving an adult publisher appears to have delivered broader legal protections for online service providers against lawsuits claiming privacy violations and other illicit behavior by their users." And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Important Holding on Service Provider / Web Site Operator Immunity from State Intellectual Property Lawsuits." My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here. Genital herpes treatment and declaratory judgment: "Patently-O: Patent Law Blog" does its best to generate interest in today's ruling of the U.S. Court of Appeals for the Federal Circuit. Posted at 07:48 PM by Howard Bashman "Ninth Circuit Panel Tosses Sex Tourism Conviction": Metropolitan News-Enterprise provides this report. And The Associated Press reports that "Sex tourism charges dismissed against Bainbridge Island man." My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here. "An officer may not use force solely because a suspect tells him he is incapable of complying with a request during the course of an ordinary pat-down." Circuit Judge Alex Kozinski issued this interesting opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. The decision also holds that the fact that the driver of a car happens to have twenty to twenty-five pens and pencils on his person does not allow a police officer making a traffic stop to reasonably conclude that the driver posed an immediate threat. Posted at 07:35 PM by Howard Bashman "Appeals court strikes down SEC broker exemption rule": Reuters provides this report. The Associated Press reports that "Appeals court overturns SEC rule on standards for brokers." And MarketWatch reports that "Court ruling could force brokers to reclassify fee accounts." You can access today's ruling by a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. The Associated Press is reporting: Now available online are articles headlined "Ugandan Lesbian Seeks U.S. Asylum" and "FBI Chief Errs on Patriot Act Provision." Posted at 05:40 PM by Howard Bashman "Supreme Court to Hear Law School Clinic Case Watson": The University of Virginia School of Law issued this news release on Monday. Posted at 05:35 PM by Howard Bashman Thursday, March 29, 2007 Programming note: Tomorrow I'll be attending this event at the National Constitution Center in Philadelphia. Because the event gets underway early, and because the U.S. Constitution's framers neglected to enshrine the right to free, publicly-accessible wireless internet access, this blog won't be updated again until late in the day on Friday. By then, I will have earned five hours of CLE credit and had lunch in Chinatown with Ben Wittes. Fortunately, the brand new issue of the Harvard Law Review is all about celebrating the judicial greatness of Seventh Circuit Judge Richard A. Posner. You can access lots of interesting reading material from that issue, to keep you busy until I return to the keyboard, via this link. Update: Wittes's forthcoming book, about the federal appellate courts, sounds quite interesting. More details definitely to follow. "Ex-Aide Rejects Gonzales Stand Over Dismissals": This article will appear Friday in The New York Times. And The Washington Post on Friday will contain a front page article headlined "Ex-Aide Contradicts Gonzales on Firings." A related article is headlined "Bush Loyalist Rose Quickly at Justice." And Dana Milbank will have an essay entitled "Taking One for the Team, When He Could Remember." "Justices Weigh Opening New Phase on Guantanamo": Linda Greenhouse will have this article Friday in The New York Times. Posted at 11:15 PM by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Former Gonzales Deputy Contradicts Boss's Story" and "Specter: Gonzales 'Likely Knew' of Confirmation Plan." Today's broadcast of "Talk of the Nation" contained an audio segment entitled "Gonzales: What's the Country Saying?" featuring David G. Savage of The Los Angeles Times. Today's broadcast of "Day to Day" contained an audio segment entitled "Former Gonzales Aide Appears Before Congress" featuring Dahlia Lithwick. And today's broadcast of "Morning Edition" contained audio segments entitled "Sampson to Testify on Fired Prosecutors"; "Goodling's 'Fifth' No Win for White House"; and "Senate Bypassed on Many Key Justice Jobs." RealPlayer is required to launch these audio segments. "The Reluctant Executioner: Kyle Sampson cuts down his ex-boss, Alberto Gonzales." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 11:00 PM by Howard Bashman C-SPAN has posted online today's Senate Judiciary Committee testimony of D. Kyle Sampson: Using RealPlayer you can view online, on-demand both the morning and afternoon sessions. Posted at 10:54 PM by Howard Bashman "N.Y. High Court Affirms Absolute Privilege for Securities Industry's Termination Notices": law.com provides this report. My earlier coverage appears at this link. Federal government files Brief in Opposition to Petition for Writ of Certiorari in Hamdan v. Gates: I have posted a copy of the Brief in Opposition at this link. And at "SCOTUSblog," Lyle Denniston has a post titled "Quick action on Hamdan urged." "Harris County civil judge nominated to federal bench": The Houston Chronicle provides a news update that begins, "A Harris County civil court judge was nominated today to fill a seat on the 5th U.S. Circuit Court of Appeals. The White House has tapped Jennifer Walker Elrod to replace retiring Judge Patrick Higginbotham. To get the seat, she will have to be confirmed by the Senate. Elrod, 40, has presided over the 190th State District Court since 2002. She ran for re-election unopposed last year." Posted at 10:30 PM by Howard Bashman "Neither the text of the Sixth Amendment nor the history of murder trials supports the extension of the Confrontation Clause to testimony relevant only to penalty selection in a capital case." The U.S. Court of Appeals for the Fifth Circuit today upheld a federal death sentence in a decision in which the three-judge panel divided 2-1 over the Confrontation Clause issue. On the Confrontation Clause point, Circuit Judge Jerry E. Smith wrote the majority opinion, in which Circuit Judge Carolyn Dineen King joined. Circuit Judge Fortunato P. Benavides -- who wrote the balance of the lengthy majority opinion rejecting the remainder of the defendant's challenges to the conviction and sentence -- dissented on the Confrontation Clause issue, writing: "I would find that the Confrontation Clause applies to capital sentencing as it is structured under the FDPA and remand this case for resentencing." This is a very lengthy and, at first glance, quite interesting decision. "Congress debates transferring Guantanamo detainees to U.S. sites": McClatchy Newspapers provide this report. Posted at 10:10 PM by Howard Bashman "Gonzales involved in firings, former aide says": The Los Angeles Times provides this news update. McClatchy Newspapers report that "Sampson denies, under oath, U.S. attorneys fired for political reasons." law.com provides a news update headlined "Sampson Contradicts Gonzales' Testimony in Attorney Firings." And CNN.com reports that "Ex-aide contradicts Gonzales on attorney firings." "US detainee tribunals notch wins, raise concerns: Successes include David Hicks's guilty plea this week. But experts say the process is riddled with problems." Warren Richey will have this article Friday in The Christian Science Monitor. Posted at 06:03 PM by Howard Bashman On certified question from the Second Circuit, New York State's highest court holds that statements made by an employer on a National Association of Securities Dealers employee termination notice are subject to an absolute privilege in a defamation lawsuit: You can access today's ruling of the Court of Appeals of New York, that State's highest court, at this link. The Second Circuit's decision certifying this issue to the Court of Appeals of New York can be accessed here. The AP is reporting: Now available online are articles headlined "Ex-Aide: Gonzales Signed Off on Firings"; "Potential Padilla Jurors Show Bias"; and "Deals Unlikely for Others at Gitmo." Posted at 03:14 PM by Howard Bashman "Appeals Court Upholds NWA Strike Ban": The Associated Press provides a report that begins, "A federal appeals court on Thursday upheld an injunction barring a strike by flight attendants at Northwest Airlines Corp., which is operating under bankruptcy court protection." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. President Bush has nominated Jennifer Walker Elrod to serve on the U.S. Court of Appeals for the Fifth Circuit: Currently, Elrod serves as a state district judge in Houston. She has been nominated to fill the vacancy created when Circuit Judge Patrick E. Higginbotham took senior status. A brief biography of Elrod can be accessed here (scroll down). Update: The official notice from the White House is now available at this link. U.S. Court of Appeals for the Ninth Circuit issues decisions involving child-sex tourism and nude pictures of women: In a decision issued today, the Ninth Circuit examines whether a U.S. citizen who began living in Cambodia in 2002, and who in late June 2003 had sex with underage boys there, could be convicted of violating a federal law enacted on April 30, 2003 intended to punish any U.S. citizen "who travels in foreign commerce, and engages in any illicit sexual conduct with another person." The Ninth Circuit affirms the dismissal of the indictment, holding that the statute "only proscribes the conduct of an individual 'who travels in foreign commerce' after the enactment of the statute. Because [the defendant's] travel had ended by April 30, 2003, he is not covered by the provision." And in a separate decision issued today, the Ninth Circuit decides whether defendants sued by Perfect 10, which publishes an adult magazine and operates a subscription-only website, are protected from copyright infringement claims under the safe-harbor provisions of the Digital Millennium Copyright Act. View live, online, this morning's Senate Judiciary Committee hearing on "Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys?--Part III." The hearing, featuring D. Kyle Sampson, former Chief of Staff to the Attorney General of the United States, is scheduled to begin at 10 a.m. eastern time. You can watch live, online, via either the committee's own webcast feed (RealPlayer required) or via C-SPAN3 (using either RealPlayer or Windows Media Player). As I noted here last night, the prepared text of Sampson's opening statement can be accessed at this link. Pennsylvania Supreme Court Justice has reportedly refused invitation to attend event at Duquesne University School of Law honoring Justice Samuel A. Alito, Jr. because one law professor there has been a harsh critic of decision upholding Pennsylvania's judicial pay raise: The Philadelphia Inquirer today contains an article headlined "Supreme rebuke for lawyer who took on Pa. high court." The Harrisburg Patriot-News reports today that "Justice threatened sanctions, courts critic says." And The Pittsburgh Post-Gazette reports today that "Law professor keeping heat on Supreme Court." I previously mentioned Justice Alito's forthcoming visit to Duquesne in this post. "Did Nominee Super-Seal Case? Possible Role In Secret Litigation Questioned." Today in The Hartford Courant, Lynne Tuohy has an article that begins, "The judicial branch is taking unusual measures to expedite release of information on whether chief justice nominee Chase T. Rogers 'super-sealed' one of two court cases involving the same parties in January 2000." Posted at 09:28 AM by Howard Bashman "Law's iron fist not consumer's friend": Columnist Steve Chapman has this op-ed today in The Chicago Tribune about a case now pending before the U.S. Supreme Court. Posted at 09:25 AM by Howard Bashman "A man and his protest sign -- key in case involving police car at anti-war rally; Only demonstrator charged in incident says he was a 'scapegoat'": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Gabriel Meyers and his Styrofoam sign will probably end up as footnotes in the story of Josh Wolf, another formerly anonymous political dissident who has become the longest-ever imprisoned journalist in the United States. But Meyers has paid his own price for his brush with history." Posted at 09:20 AM by Howard Bashman "D.A.s can be sued over jailhouse informants, court finds; Ruling in the case of a man wrongly convicted in slaying, U.S. 9th Circuit finds that district attorneys aren't immune from claims for failing to establish policies and procedures on such witnesses": Today in The Los Angeles Times, Henry Weinstein has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 09:12 AM by Howard Bashman "Ex-Aide to Say Others at Justice Knew of Firings; Department Apologizes to Hill For Any 'Inaccurate' Information": This article appears today in The Washington Post. In addition, Michael Waldman and Justin Levitt have an op-ed entitled "The Myth Of Voter Fraud." Today in The Los Angeles Times, David G. Savage reports that "Gonzales feels heat from GOP senators." The newspaper also reports that "Former Justice official defends firings; The attorney general's former chief of staff testifies today before Congress about the role of politics in dismissals." An editorial is entitled "Sacrificial Lam: Firing U.S. attorneys over politics is bad; Firing them over immigration politics, as may have happened to Carol Lam, is even worse." And Joseph D. Rich has an op-ed entitled "Bush's long history of tilting Justice: The administration began skewing federal law enforcement before the current U.S. attorney scandal." In The Boston Globe, Charlie Savage has articles headlined "AG's top aide expected to back firings; To testify today in D.C. probe" and "Insider's sudden downfall in prosecutors' case familiar to D.C." The newspaper also contains an article headlined "Kennedy: Justice firings are keyed to '08 vote." And Stanley I. Kutler has an op-ed entitled "The 'executive privilege' dodge." USA Today reports that "February letter shows Justice Dept. misled investigators." And The Washington Times contains articles headlined "Ex-Gonzales aide to testify today" and "Gonzales receives mixed Hispanic support." "The Right to Sue Vs. Suing Too Easily; Supreme Court Considers Limits To Investors' Complaints of Fraud": Robert Barnes and Carrie Johnson have this article today in The Washington Post. Posted at 08:45 AM by Howard Bashman "Prosecutors' Slip Keeps Money in Limbo; Court Refuses Restitution Order for Mogul, Says Plea Deal Cites Incorrect Law": This article appears today in The Washington Post. Posted at 08:44 AM by Howard Bashman Qualified or not, now she's a U.S. District Judge: Yesterday, the U.S. Senate, apparently by unanimous consent, confirmed Vanessa L. Bryant to be a U.S. District Judge for the District of Connecticut. My recent earlier coverage of this once-controversial judicial nominee can be accessed here and here. "Ousted Judge in Pakistan Urges Musharraf to 'Respect' Judiciary": The New York Times today contains an article that begins, "In his first public appearance since he was suspended as chief justice nearly three weeks ago, Iftikhar Mohammad Chaudhry insisted Wednesday that the government 'respect and observe the independence of judiciary.'" And The Washington Post reports today that "Ousted Chief Justice Speaks Out in Pakistan; Protesting Lawyers Hail Judge as Hero, Call on President Musharraf to Resign." "Colleagues Help S.D. Judge Stay on Bench": The Associated Press provides a report from South Dakota that begins, "Supreme Court watchers often speculate about aging justices holding off retirement until the election of a president who will pick an ideologically similar replacement. But some Washington conservatives are questioning whether a federal district judge here is doing the same thing - and getting help from two colleagues who have added some of his cases to their own already heavy caseloads." Posted at 07:40 AM by Howard Bashman "Ex-her might be him, but alimony same": The St. Petersburg Times today contains an article that begins, "In a mixed ruling for Florida's transgendered community, a state circuit judge Wednesday dismissed a Seminole man's request to halt alimony payments because his ex-wife had a sex change. Judge Jack R. St. Arnold knocked down both of Lawrence Roach's arguments: that he shouldn't have to pay alimony because his ex-wife is now a man and therefore legally dead and the argument that it is illegal for a man to pay alimony to a man because Florida does not recognize same-sex marriage." Posted at 06:38 AM by Howard Bashman Wednesday, March 28, 2007 "Gonzales Draws Strong Criticism of Prosecutors": Thursday's issue of The New York Times will contain this article, along with articles headlined "E-Mail Shows Rove's Role in Fate of Prosecutors" and "Former Key Aide Testifies Today on Gonzales's Statements." The Washington Post on Thursday will report that "Ex-Aide to Say Others at Justice Knew of Firings; Department Apologizes to Hill For Any 'Inaccurate' Information." McClatchy Newspapers report that "Justice Dept. apologizes for inaccuracies in early letter to Democrats." And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Gonzales' Ex-Deputy to Testify on Attorney Firings" (RealPlayer required). "Guantanamo Detainee Described as Lost Soul Seeking 'a Way Out'": This article will appear Thursday in The Washington Post. And Thursday in The New York Times, Adam Liptak will have a news update headlined "New Justice System Is a Work in Progress." "Woman who couldn't testify wearing veil sues judge": The Detroit Free Press provides this news update. The Detroit News provides an update headlined "Muslim woman told to remove veil in court files lawsuit." And The Associated Press reports that "Muslim Woman Sues Judge Over Veil." The Associated Press is reporting: Now available online are articles headlined "Scalia and Harvard Professor Trade Barbs" and "Judge: Sex Change Doesn't End Alimony." Posted at 08:32 PM by Howard Bashman "Gonzales aide faces Senate investigators": McClatchy Newspapers provide this report. McClatchy has posted at this link the prepared text of D. Kyle Sampson's opening statement at tomorrow's Senate Judiciary Committee hearing. And The Washington Post provides a news update headlined "Discrepancies on Attorneys' Firings Blamed on Former Chief of Staff." "High court receptive to Wall Street firms' appeal": Reuters provides this report. Posted at 08:23 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Court Case May Impact Shareholder Suits"; "Records Say How CIA Got Padilla Papers"; and "Analysis: Firings Flap Frustrates GOP." Posted at 03:22 PM by Howard Bashman "State Senate Confirms Fitzgerald As Temporary High Court Justice": Asher Hawkins of The Legal Intelligencer provides a news update (free access) that begins, "Philadelphia Common Pleas Trial Division Administrative James J. Fitzgerald III has been confirmed by the state Senate to temporarily fill the Pennsylvania Supreme Court seat left vacant late last year when former justice Sandra Schultz Newman left the bench to join Cozen O'Connor." For those who support so-called "merit selection" rather than popular election of judges, this news means that a whopping 28.57 percent of the Justices now serving on the Supreme Court of Pennsylvania were appointed rather than elected to serve on that court. Access today's nude dancing decision of the U.S. Court of Appeals for the Second Circuit: You can click here to read today's ruling, which constitutes a victory for nude dancing in Hartford, Vermont. In related news, the Google Maps service confirms that a place called Hartford, Vermont actually exists. Posted at 03:10 PM by Howard Bashman "This seemingly straightforward appeal of a denial of disability benefits presents difficult issues involving our standard of review in cases arising under the Employee Retirement Income Security Act. In fact, the issues are so difficult that this case has generated three opinions." So begins a decision that the U.S. Court of Appeals for the First Circuit issued today. The two active First Circuit judges in the panel, although disagreeing over how the appeal should be resolved on the merits, find common ground in calling for the First Circuit to consider the question en banc. The third judge on the panel, Senior Circuit Judge Bruce M. Selya, does not agree that en banc review is merited. He explains: [E]n banc proceedings tend to be notoriously wasteful of scarce judicial resources. There seems to me to be little point in trading a workable and battle-tested standard of review for yet another plunge into the vortex of en banc consideration -- a plunge that threatens to splinter the court and to make the standard of review less transparent. Even if one assumes, for argument's sake, that our standard of review could profit from an attempted clarification with respect to "structural conflict" cases, the unevenness in the decisions of the various courts of appeals strongly suggests that any such undertaking should be left to the Supreme Court (when and if the Justices deem the time propitious).As a Senior Circuit Judge, Selya does not get a vote on whether to rehear this case en banc, but he could elect to participate in an en banc rehearing if one is granted in this case. Posted at 02:57 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral argument: The Court has posted the transcript of oral argument in Tellabs, Inc. v. Makor Issues & Rights, Ltd., No. 06-484, at this link. Posted at 02:52 PM by Howard Bashman "Time to Go": This editorial, calling for the resignation of Attorney General Alberto R. Gonzales, appears today at National Review Online. And Byron York has an essay entitled "What Really Happened in the U.S. Attorneys Mess: A look at the case of Carol Lam." "The American workplace would be a seething cauldron if workers could with impunity pepper their employer and eventually the EEOC and the courts with complaints of being offended by remarks and behaviors unrelated to the complainant except for his having overheard, or heard of, them." So writes Circuit Judge Richard A. Posner on behalf of a unanimous three- judge panel of the U.S. Court of Appeals for the Seventh Circuit today. Today's opinion, replete with discussions of "cat rape," Avon products, and a manager's having referred to a female employee other than the plaintiff as a "fat ass," concludes: The American workplace would be a seething cauldron if workers could with impunity pepper their employer and eventually the EEOC and the courts with complaints of being offended by remarks and behaviors unrelated to the complainant except for his having overheard, or heard of, them. The pluralism of our society is mirrored in the workplace, creating endless occasions for offense. Civilized people refrain from words and conduct that offend the people around them, but not all workers are civilized all the time. Title VII is not a code of civility.You can access the complete ruling at this link. Posted at 01:22 PM by Howard Bashman "The YouTube Defense: Human rights go viral." Online at Slate, Andrew K. Woods has a jurisprudence essay in which he writes, "During John Roberts' and Samuel Alito's recent confirmation hearings, senators and pundits debated whether the justices ought to try to gauge public sentiment. After all, critics say, the point of an unelected judiciary is to ensure fidelity to the Constitution, regardless of mass sentiment. In practice, however, judges (especially Supreme Court justices) have enormous discretion in how to resolve legal questions. And in our culture of red alerts and public panic, judges naturally tend to privilege security over individual rights." Posted at 11:50 AM by Howard Bashman "Judge Dismisses Lawsuit Against Rumsfeld": The Associated Press provides a report that begins, "Former Defense Secretary Donald H. Rumsfeld cannot be tried on allegations of torture in overseas military prisons, a federal judge said Tuesday in a case he described as 'lamentable.' U.S. District Judge Thomas F. Hogan threw out a lawsuit brought on behalf of nine former prisoners in Iraq and Afghanistan. He said Rumsfeld cannot be held personally responsible for actions taken in connection with his government job." And Reuters reports that "Judge dismisses Rumsfeld torture lawsuit." You can access yesterday's ruling of the U.S. District Court for the District of Columbia by clicking here (4.5 MB PDF file). "Taxpayer Files Reply Brief in Murphy": This post, providing online access to the reply brief, appears today at the "TaxProf Blog." This case is pending on panel rehearing before the U.S. Court of Appeals for the D.C. Circuit. In its now-vacated original ruling, the three-judge panel held that "insofar as §104(a)(2) permits the taxation of compensation for a personal injury, which compensation is unrelated to lost wages or earnings, that provision is unconstitutional." My coverage of the panel's original ruling, which issued on August 22, 2006, can be accessed here. "Historians lose 'Da Vinci Code' plagiarism appeal": Reuters provides this report. And The Associated Press reports that "Court Says 'Da Vinci Code' Not a Copy." "Tax Cheat Escapes $100 Million Repayment": The Associated Press provides a report that begins, "Poorly written Justice Department documents cost the federal government more than $100 million in what was supposed to have been the crowning moment of the biggest tax prosecution ever." And The Washington Post reports that "Mogul Sentenced to 9 Years For Tax Evasion and Fraud." "Sex change prompts alimony fight": The St. Petersburg Times today contains an article that begins, "In a case that could set precedent for transgendered individuals, a Seminole man asked a Pinellas circuit judge Tuesday to set aside his alimony requirements because his ex-wife is now a man." And The Associated Press reports that "Man Says Sex Change Should End Alimony." "N.H. bill to repeal death penalty fails; Officer's slaying fuels debate": This article appears today in The Boston Globe. And The Concord Monitor reports today that "House rejects death-penalty repeal; Opponents tell story of officer's shooting." "Former Death-Row Inmate Would Get $1.9 Million; If Court Approves, Va. Will Compensate Wrongfully Convicted Man Who Came Within Days of Execution": The Washington Post contains this article today. And The Richmond Times-Dispatch reported yesterday that "Virginia agrees to murder case deal; $1.9 million would go to Earl Washington, cleared in Culpeper woman's death." "Gonzales TV Appearance Sheds No Light on Firings": This article appears today in The Washington Post, along with an article headlined "On the Firing Line: D. Kyle Sampson was a team player; Tomorrow, Alberto Gonzales's former chief of staff will tell a Senate panel who called the shots." The Chicago Tribune reports today that "Gonzales bolts Chicago briefing." The newspaper also contains an editorial entitled "Gonzales is on a thin branch." And The Washington Times reports that "Law firm to help in Justice inquiry." "New Drive Afoot to Pass Equal Rights Amendment": The Washington Post today contains a front page article that begins, "Federal and state lawmakers have launched a new drive to pass the Equal Rights Amendment, reviving a feminist goal that faltered a quarter-century ago when the measure did not gain the approval of three-quarters of the state legislatures. The amendment, which came three states short of enactment in 1982, has been introduced in five state legislatures since January. Yesterday, House and Senate Democrats reintroduced the measure under a new name -- the Women's Equality Amendment -- and vowed to bring it to a vote in both chambers by the end of the session." And The Washington Times reports today that "Democrats revive efforts for ERA." "The Libby Precedent: Why government officials prefer to take the Fifth." The Wall Street Journal contains this editorial (free access) today. Posted at 08:10 AM by Howard Bashman "Failures at FBI Acknowledged; Mueller Accepts Criticism, Proposes Alternative to Controversial 'Letters'": This article appears today in The Washington Post. The New York Times reports today that "Senators Cite F.B.I. Failures as Chief Promises Change." The Los Angeles Times reports that "FBI has some explaining to do; Senators question the bureau's director about abuses of power; He urges them not to gut a Patriot Act provision." USA Today contains articles headlined "FBI chief lobbies for national security letters; In wake of misuse, panel greets plea with skepticism" and "Mueller says U.S. attorneys' firings didn't affect cases." The Washington Times reports that "Senate Judiciary panel questions FBI competence." In addition, Gary Aldrich has an op-ed entitled "Patriot Act debacle." McClatchy Newspapers report that "FBI didn't mean to break the law, Mueller says." The Atlanta Journal-Constitution contains an editorial entitled "Snoops out of control: Lawmakers who let FBI chip away at privacy rights shouldn't be shocked by its use of a sledgehammer." And The St. Petersburg Times contains an editorial entitled "It's time to rein in the FBI's snooping." "Court Case May Impact Shareholder Suits": The Associated Press provides this preview of the case being argued today in the U.S. Supreme Court. And The Chicago Tribune reports today that "Tellabs appeal could hinder investor suits." "The Man Who Would Move the Barnes": The New York Times today contains this article about the Barnes Foundation. The article reports that "The gallery's relocation to a new building on the Benjamin Franklin Parkway, allowed by a December 2004 court decision that overruled the collector's express mandate on the ground of financial exigency, remains controversial. The move, which is scheduled for late 2009 or 2010, is opposed by a coalition that includes Merion residents, Barnes students and alumni and suburban legislators. Many art critics have also condemned it." Posted at 07:50 AM by Howard Bashman "Result of Military Trial Is Familiar to Civilians": This article appears today in The New York Times, along with an article headlined "Australian Detainee's Life of Wandering Ends With Plea Deal." The Los Angeles Times today contains an article headlined "Mixed reaction to Hicks' plea bargain; Some call the first such trial at Guantanamo a success; others cite politics and pressure in the Australian terrorism suspect's deal." And The Associated Press reports that "Guantanamo Plea Leaves Questions." Tuesday, March 27, 2007 Available online from National Public Radio: Today's broadcast of "Day to Day" contained audio segments entitled "Will Alberto Gonzales Withstand the Political Siege?" (featuring Dahlia Lithwick) and "Guantanamo Detainee to Face Sentencing." And this evening's broadcast of "All Things Considered" contained audio segments entitled "A U.S. Attorney Is Fired, and Onlookers Wonder" and "Military Officials Discuss Sentence for Hicks." RealPlayer is required to launch these audio segments. "Trafficker or Healer? And Who’s the Victim?" This article appears today in The New York Times. Posted at 10:11 PM by Howard Bashman "The issue in this case is whether lump-sum proceeds received from a sale of future interest in lottery payments should be characterized for income tax purposes as a capital gain or as ordinary income." A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit answers "ordinary income" in a decision issued today. Posted at 08:00 PM by Howard Bashman "Who's Blaming Whom: Where the fingers are pointing in the Bush administration meltdown." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 07:42 PM by Howard Bashman McClatchy Newspapers are reporting: Now available online are articles headlined "Guantanamo prison likely to remain open" and "Critics: still a need to fix Guantanamo court system." Posted at 07:38 PM by Howard Bashman "Gonzales' Support in Congress Slipping": The Associated Press provides a report that begins, "Attorney General Alberto Gonzales' allies on Capitol Hill grew scarce Tuesday as he left it largely to aides to carry out President Bush's order to straighten out the story behind the firing of eight federal prosecutors." Posted at 07:35 PM by Howard Bashman Can President Bush force the Texas judiciary to disregard its rules of procedural default to consider on the merits a Mexican death row inmate's Article 36 Vienna Convention claim? In November 2006, the Texas Court of Criminal Appeals -- that State's highest court in criminal cases -- answered that question "no." I provided detailed coverage of that ruling in this post. Today, in a post you can access here, Lyle Denniston reports at "SCOTUSblog" that the Solicitor General has filed an amicus brief in the U.S. Supreme Court arguing that the Texas Court of Criminal Appeals erred in failing to answer the question "yes." "Whistleblower Suits Limited by Court in Boeing Case": Greg Stohr of Bloomberg News provides this report. Posted at 05:58 PM by Howard Bashman "Wall Street seeks immunity from IPO antitrust lawsuit": MarketWatch provides this report. The Associated Press reports that "Court Weighs Price Setting Case." And Reuters reports that "US high court receptive to Wall St. firms' appeal." You can access the transcript of today's U.S. Supreme Court oral argument in Credit Suisse Securities (USA) LLC v. Billing, No. 05-1157, by clicking here. "Roberts's Salary: Where Does It Stack Up?" Ben Winograd has this interesting post today at WSJ.com's "Law Blog." Posted at 05:45 PM by Howard Bashman Supreme Court of Texas refuses to extend that State's grandparent visitation law to step-grandparents: Last Friday, the highest court of Texas in civil cases issued a unanimous per curiam opinion that begins: In 2005, the Legislature substantially amended the grandparent access statute, codified at Family Code sections 153.432-34. The statute now includes a presumption that a parent acts in his child's best interest, and it permits biological or adoptive grandparents to obtain court-ordered access to a grandchild only if they show that denial of access will "significantly impair the child's physical health or emotional well-being." Id. §153.433(2). We conclude that the trial court abused its discretion in awarding access here because the step-grandfather is neither a biological nor an adoptive grandparent, and the grandmother did not overcome the statutory presumption favoring the children's father.You can access the opinion online in PDF and HTML formats. Posted at 11:15 AM by Howard Bashman "Supreme Court Rules on Whistle-Blowers": The Associated Press provides this report. Posted at 10:48 AM by Howard Bashman "We emphasize that our holding is limited to the unique procedural circumstances presented here." So writes Justice Clarence Thomas in holding that U.S. Supreme Court review was sought in a timely manner, rather than too late, in the case of Limtiaco v. Camacho, No. 06-116, decided today. Although the Justices divided on other issues, the Court's ruling was unanimous on the timeliness issue. The quoted text brought to mind this student comment published in the March 2007 issue of The Yale Law Journal. One more reason to close GITMO -- Copyright infringement? At CNNMoney.com's "Legal Pad" blog, Roger Parloff has an interesting post titled "Tormenting Gitmo detainees with copyrighted music: Is torture a 'fair use'?" Posted at 10:12 AM by Howard Bashman "Court clarifies False Claims Act": Lyle Denniston has this post at "SCOTUSblog." According to Lyle's post, Justice Antonin Scalia delivered the opinion of the Court in Rockwell International Corp. v. United States, No. 05-1272. You can access the oral argument transcript at this link. And in the only other ruling issued today in an argued case, Justice Clarence Thomas delivered the opinion of the Court in Limtiaco v. Camacho, No. 06-116. You can access the oral argument transcript at this link. On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Gonzales Aide to Take Fifth Before Senate Panel" (featuring Nina Totenberg) and "Hicks Pleads Guilty to Supporting Terrorism." RealPlayer is required to launch these audio segments. Bloomberg News is reporting: Now available online are articles headlined "Gonzales Aide to Take Fifth About Prosecutor Firings" and "Hicks Pleads Guilty at Guantanamo to Terrorism Charge." Posted at 09:55 AM by Howard Bashman "Roberts's Supreme Court Falls Behind in Pace of Issuing Rulings": Greg Stohr of Bloomberg News provides a report that begins, "As U.S. Supreme Court cases go, Global Crossing v. Metrophones, an administrative-law tussle over pay-phone fees, hardly looms as a landmark. That's why lawyers in the dispute are so puzzled that almost six months after hearing arguments, the court hasn't ruled. The case has become a symbol of John Roberts's second year as chief justice, one in which the court has fallen well behind its typical schedule." Posted at 09:42 AM by Howard Bashman "Supreme Court to review child pornography law; The provision would make it a crime to send computer messages that offer illicit images, even when no pornography exists": David G. Savage has this article today in The Los Angeles Times. Posted at 06:48 AM by Howard Bashman "FBI Provided Inaccurate Data for Surveillance Warrants": This article appears today in The Washington Post. Posted at 06:44 AM by Howard Bashman "Australian's Guilty Plea Is First at Guantanamo": The Washington Post contains this front page article today. The New York Times today contains an article headlined "Plea of Guilty From Detainee in Guantanamo." The Los Angeles Times reports that "Australian pleads guilty at Guantanamo; David Hicks admits to material support of terrorism. He says he did not commit a violent act." In The Miami Herald, Carol Rosenberg reports that "Guantanamo captive to plead guilty." And in The Wall Street Journal, David B. Rivkin Jr. and Lee A. Casey have an op-ed entitled "The Gitmo Blues: Closing Guantanamo would hurt the war effort, and wouldn't appease the critics anyway" (free access). "Aide to Gonzales Won't Testify About Dismissals": This article appears today in The New York Times. An editorial is entitled "Time for Answers." And Law Professor Neal Katyal has an op-ed entitled "Prosecution Complex." The Washington Post reports today that "Aide to Gonzales Won't Testify; Counselor Cites Fifth Amendment Right in Refusal" and "GOP Groups Told to Keep Bush Officials' E-Mails; Democrat Cites Investigation of Firings." The Los Angeles Times reports that "Gonzales clarifies role in firings; The attorney general says he had a part, but that he did not help decide which prosecutors to dismiss." USA Today contains articles headlined "Gonzales aide to take the 5th in hearing; Move abandons Justice pledges of cooperation" and "Poll backs subpoenas of Bush aides." The Chicago Tribune reports that "Fitzgerald questions await Gonzales." And The Washington Times reports that "Justice official to invoke 5th Amendment." "Retrial of Pain Doctor Begins in Va." The Associated Press provides a report that begins, "A prominent pain-management doctor accused of prescribing high doses of drugs such as morphine and OxyContin to patients went on trial for a second time Monday. William E. Hurwitz, 61, was convicted in 2004 of drug trafficking, among other charges, and sentenced to 25 years in prison, but a federal appeals court last year tossed the conviction and ordered a new trial." Posted at 06:27 AM by Howard Bashman "Justices Hear Arguments About Pacts on Pricing": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Justices Revisit Manufacturer's Right to Set Retail Price of Goods." David G. Savage of The Los Angeles Times reports that "High court appears split on price fixing; Several justices say a repeal of a 1911 rule could mean consumers will pay more; Antonin Scalia and others say the law is outdated." And in USA Today, Joan Biskupic reports that "Court ponders cost of dropping price rule; Justices ask whether change would topple discount stores." Monday, March 26, 2007 "White House prods justices into retail arena": David G. Savage of The Los Angeles Times provides this news update. Posted at 10:40 PM by Howard Bashman "Justices Agree to Revisit Child Pornography Laws": Linda Greenhouse will have this article Tuesday in The New York Times. And Reuters reports that "High court to review securities fraud case." Available online from law.com: An article is headlined "9th Circuit: Suit-Happy Past Doesn't Hobble Plaintiff's ADA Case." And in other news, "Federal Courts See Slight Easing of New Caseloads; Judiciary to ask Congress for 67 more judgeships." "Section 102 of the Rehabilitation Act does not contain the necessary 'clear-statement' requiring a waiver of Eleventh Amendment immunity if the State of Texas accepts federal funds for this program." So concludes a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a decision issued today. Posted at 10:24 PM by Howard Bashman Available online from National Public Radio: Today's broadcast of "Morning Edition" contained audio segments entitled "Gonzales Attracts More Critics Inside GOP" and "Guantanamo Hearing Tests New Rules." Today's broadcast of "Day to Day" contained an audio segment entitled "White House Stands by Gonzales." And this evening's broadcast of "All Things Considered" contained audio segments entitled "Australian Detainee Has Hearing at Guantanamo"; "How Did a Kangaroo Skinner Get to Guantanamo?"; and "Dems Allege Interference in Phone-Jamming Case." RealPlayer is required to launch these audio segments. "Terror Suspect Pleads Guilty at Gitmo": The AP now provides an updated report that begins, "An Australian terror suspect pleaded guilty Monday to a war-crime charge of providing material support to terrorism. David Hicks was the first detainee to face prosecution under revised military tribunals set up after the Supreme Court found the Pentagon's previous system for trying Guantanamo prisoners unconstitutional. He is accused of fighting alongside al-Qaida in Afghanistan." Posted at 09:08 PM by Howard Bashman McClatchy Newspapers are reporting: Now available online are articles headlined "Gonzales aide to invoke the Fifth in testimony"; "Who is Monica Goodling?"; and "Respected U.S. prosecutor faces a conservative backlash." Posted at 09:04 PM by Howard Bashman "Terror suspect sent to Guantanamo": Carol Rosenberg of The Miami Herald provides a news update that begins, "For the first time since September, the Pentagon added a new detainee to the captive population here, announcing on Monday the arrival of an alleged al Qaeda operative named Abdul Malik." Posted at 09:00 PM by Howard Bashman "Australian faces U.S. military judge in Guantanamo": Reuters provides this report. The Associated Press reports that "Detainee Arraigned During Gitmo Hearing." And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Prisoner Faces New Tribunal Process at Guantanamo Bay" (transcript with links to audio) featuring Carol Rosenberg of The Miami Herald. "Analysis: What's best for consumers -- price or service?" Lyle Denniston has this post today at "SCOTUSblog." And The Associated Press reports that "Court Weighs Price Setting Case." The U.S. Supreme Court heard oral argument today in two cases. The case that is the subject of these news reports is captioned Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, and you can access the oral argument transcript by clicking here. The other case in which the Court heard oral argument today is captioned Bowles v. Russell, No. 06-5306, and you can access the transcript by clicking here. "U.S. top court to rule on child pornography law": James Vicini of Reuters provides this report. And The Associated Press provides reports headlined "Court Agrees to Review Child Porn Law" and "Court Nixes Appeal by American Indians." You can |