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Tuesday, April 01, 2008 "Terrorism Interrogators Immune From Prosecution, '03 Memo Says; Since Rescinded, the Document Granted Nearly Unfettered Presidential Power": Dan Eggen and Josh White of The Washington Post have a news update that begins, "Federal laws prohibiting assault and other crimes did not apply to military interrogators who questioned al-Qaeda captives because the president's ultimate authority as commander-in-chief overrode such statutes, according to a newly declassified 2003 Justice Department memo released today." The newspaper has posted online the memorandum, written by John C. Yoo, in two parts: part one and part two. "ACLU: Military Skirting Law to Spy." The Associated Press provides a report that begins, "The military is using the FBI to skirt legal restrictions on domestic surveillance to obtain private records of Americans' Internet service providers, financial institutions and telephone companies, the ACLU said Tuesday." The ACLU today issued a news release headlined "Newly Unredacted Documents Confirm Lack Of Oversight Of Military's Domestic Surveillance Powers; Records Released In ACLU's National Security Letters Lawsuit." In the April 2008 issue of The American Lawyer: The magazine contains an article headlined "Empty Chairs: The Pentagon seeks the death penalty but doesn't appoint counsel." Another article is headlined "For Defendants Alone? The Supreme Court has ruled that FDA approvals preempt many state tort claims, and there may be more preemptions to come." And my friend Denise Howell, author of the "Bag and Baggage" blog, has an essay entitled "On Life Support: Was the formula for a good work/life balance figured out in the 1970s?" "Public forums at heart of 2 cases": Tony Mauro has this analysis online at the First Amendment Center. Posted at 03:43 PM by Howard Bashman "State Courts Unbound": Law Professor Frederic M. Bloom has this interesting article in the March 2008 issue of Cornell Law Review (via "Concurring Opinions"). The article's abstract begins, "We may not think that state courts disobey binding Supreme Court precedent, but occasionally state courts do. In a number of important cases, state courts have actively defied apposite Supreme Court doctrine, and often it is the Court itself that has invited them to." "Bell Atlantic must not be overread." In a decision issued today, Seventh Circuit Judge Richard A. Posner considers the consequences of the U.S. Supreme Court's recent ruling in Bell Atlantic Corp. v. Twombly. On a related note, in the March 2008 issue of Boston College Law Review, Law Professor A. Benjamin Spencer has an article titled "Plausibility Pleading" (via "Concurring Opinions"). "Judge: $1M in Legal Fees for Boehner." The Associated Press provides a report that begins, "A federal judge says House Minority Leader John Boehner can collect more than $1 million in legal fees in his lawsuit against Democratic Rep. Jim McDermott of Washington state. The decision was issued in a decade-long dispute over an illegally taped telephone call. In the 1996 call, Republican leaders discussed an ethics case against then-House Speaker Newt Gingrich, R-Ga. A Florida couple recorded the cell phone call on a radio scanner and McDermott leaked the tape to two newspapers." You can access yesterday's ruling of the U.S. District Court for the District of Columbia at this link. Deer, cotton mouse, woodrat, tree-cactus, marsh rabbit, swallowtail butterfly, silver rice rat, and tree snail defeat FEMA and U.S. Department of the Interior on appeal: The U.S. Court of Appeals for the Eleventh Circuit issued this ruling today. A list of the prevailing parties on appeal can be found in footnote one of the opinion. Posted at 12:02 PM by Howard Bashman "We * * * hold that an employer may violate Title VII if it takes action against an employee because of the employee's association with a person of another race." The U.S. Court of Appeals for the Second Circuit today issued a ruling that vacates the entry of summary judgment against a Title VII claim brought by a white man who alleges that Iona College's decision to terminate his employment as an assistant coach of its basketball team was motivated by his marriage to a black woman. Posted at 11:48 AM by Howard Bashman Happy birthday to Justice Samuel A. Alito, Jr. According to the popular "Today in History" feature from The Associated Press, Justice Alito turns 58 years old today. Also celebrating birthdays today, the Hughes brothers turn 36, while rapper-actor Method Man turns 37. Posted at 09:15 AM by Howard Bashman "Supreme Court won't hear 7 killers' appeals; Execution dates for Mexicans pending ruling on lethal injection": This article appears today in The Houston Chronicle. The Monitor of McAllen, Texas reports today that "Supreme Court won't reconsider Mexican nationals death sentences." Reuters reports that "Mexico protests U.S. ruling on death row case." And The Associated Press reports that "Condemned Mexican Inmates Denied Appeals." "Supreme Court Rules for Delaware in River Dispute": Linda Greenhouse has this article today in The New York Times. The Philadelphia Inquirer reports today that "U.S. Supreme Court sides with Delaware in N.J. dispute." The News Journal of Wilmington, Delaware reports that "Supreme Court backs Del. in river dispute, says state can block N.J. LNG pier; Justices say First State controls river to Garden State's shoreline." The Newark (N.J.) Star-Ledger reports that "Del. wins border battle over gas pier; Supreme Court upholds block on N.J. project." The Gloucester County Times contains an article headlined "BP: LNG plan still a go in Logan." And The Courier-Post of Cherry Hill, New Jersey contains an article headlined "Del. wins fight over Logan gas facility" and an editorial entitled "Congress should split river down the middle." Coincidentally, the two Justices from New Jersey -- Antonin Scalia and Samuel A. Alito, Jr. -- were the only two Justices to dissent from yesterday's U.S. Supreme Court ruling in favor of Delaware and against New Jersey. "Family Pursues MySpace Sex Assault Suit": The Associated Press provides a report that begins, "The family of a teenage girl who says she was sexually assaulted by a 19-year-old man she met on MySpace.com asked a federal appeals court Monday to revive their lawsuit against the social networking Web site. A federal judge in Austin, Texas, dismissed the $30 million suit in February 2007, rejecting the family's claim that MySpace has a legal duty to protect its young users from sexual predators. U.S. District Judge Sam Sparks also ruled that interactive computer services like MySpace are immune from such lawsuits under the Communications Decency Act of 1996." My earlier coverage of the trial court's ruling appeared in this post from February 14, 2007. "Supreme Court to consider Ten Commandments vs. 'Seven Aphorisms'; Must a city park that displays one monument also permit others'?" David G. Savage has this article today in The Los Angeles Times. Today in The Washington Post, Robert Barnes has an article headlined "With the Commandments, Must City Make Room?" Joan Biskupic of USA Today reports that "Court to consider rules on religious displays." Pamela Manson of The Salt Lake Tribune reports that "Tenet display dispute heads to high court; Justices to hear Utah city's appeal over exhibition of faith group's monolith." And The Deseret Morning News reports that "Justices to hear Pleasant Grove tablets case; Top court to decide city's monument dispute." My most recent post about this dispute, which this blog began covering in July 2002, appeared yesterday at this link. "Judges can still punish acquitted defendants; In refusing to consider a Wisconsin man's appeal, the Supreme Court says jurists can issue prison sentences even if the jury has cleared a defendant of certain crimes": Today in The Los Angeles Times, David G. Savage has an article that begins, "The Supreme Court declined Monday to reconsider a legal rule that might surprise most Americans: Judges can punish defendants for certain crimes even after a jury has acquitted them of those charges." Posted at 08:34 AM by Howard Bashman "Gitmo detainee charged in embassy bombings; A military prosecutor swore out new death-penalty charges against a Guantanamo captive for war court trial in a U.S. Embassy bombing in East Africa": Carol Rosenberg has this article today in The Miami Herald. And on Friday of last week, she had an article headlined "Navy Lawyer: Gitmo trials pegged to political campaign." The New York Times reports today that "Guantanamo Detainee, Indicted in ’98, Now Faces War Crimes Charges." The Washington Post reports that "Detainee Is Charged With Capital Murder in Embassy Bombing." And The Los Angeles Times reports that "Pentagon pursues Guantanamo tribunal for embassy bombing suspect; Ahmed Khalfan Ghailani was indicted by a federal grand jury in 1998 -- so why a military trial? critics ask." "Shades of Gray: Barack Obama has gotten past affirmative action. Have we?" Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 08:19 AM by Howard Bashman "Administration Rebuffed on House Office Search": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes and Susan Schmidt report that "As Jefferson Ruling Stands, Prosecutors Feel Stymied; Justices Decline to Review Decision Against FBI Raid on Congressman's Office, Raising Fears Over Other Inquiries." David G. Savage of The Los Angeles Times reports that "Supreme Court stays out of congressional search dispute; FBI agents had seized documents in Louisiana Rep. William Jefferson's office as part of a graft investigation." The Washington Times reports that "Supreme Court refuses to listen to Jefferson case." The Times-Picayune of New Orleans reports that "Court ruling critical of Jefferson raid stands; FBI overstepped its bounds in House." And at "SCOTUSblog," Lyle Denniston has a post titled "Government rebuffed on Capitol Hill searches." "Colorado Petition Draws Charges of Deception": This article about the Colorado Civil Rights Initiative appears today in The New York Times. Posted at 08:04 AM by Howard Bashman "Oral Argument in DC v. Heller: The view from the Counsel Table." David Kopel has this interesting post at "The Volokh Conspiracy." Posted at 07:58 AM by Howard Bashman "Bush Softens on Spy Bill; Overhaul of FISA May Rest on Move Toward Compromise": This article appears today in The Wall Street Journal. Posted at 07:50 AM by Howard Bashman  
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