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Monday, April 30, 2007 No surprise -- The Seventh Circuit knows its Easterbrook brothers: In this post from April 2003, I noted a law.com news blurb that referred to "Judge Gregg Easterbrook" of the "6th U.S. Circuit Court of Appeals." In footnote one (on page 5) of this opinion issued today, avid sports fan and Seventh CIrcuit Judge Terence T. Evans demonstrates that he certainly knows his Easterbrook brothers. The footnote concludes that "[f]rom now on, a second-guesser should be called a 'Tuesday Morning Quarterback.'" "High-Speed Case Crashes in High Court; Majority: 11th Circuit shouldn't have relied on plaintiff's version of events belied by videotape." law.com provides this report. Posted at 11:52 PM by Howard Bashman "Video Persuades Justices to Back Police Use of Force to End Chase": Robert Barnes will have this article Tuesday in The Washington Post. Also, in tomorrow's newspaper Robert Barnes and Alan Sipress will have an article headlined "Rulings Weaken Patents' Power; High Court Decides On Two Key Cases." "UVa law students' case picked by Supreme Court": The Daily Progress of Charlottesville, Virginia today contains an article that begins, "A group of University of Virginia law students is venturing into an arena few legal professionals experience as it prepares arguments for a Supreme Court case." Posted at 11:44 PM by Howard Bashman Linda Greenhouse is reporting: In Tuesday's edition of The New York Times, she will have articles headlined "Court Backs Police in Chase That Hurt Driver"; "High Court Puts Limits on Patents"; and "Supreme Court to Hear Appeal of Mexican Death Row Inmate." Posted at 11:37 PM by Howard Bashman Why was Ninth Circuit Judge Alex Kozinski at Santa Clara University School of Law in October 2006 to bash blogs? As revealed here, he was visiting that law school in his capacity as the Heafey Center Distinguished Jurist for 2006. However, at "CU bLAWg," they prefer the pre-anti-blog Kozinski from his appearance on "The Dating Game" (scroll down). That was some kiss hello! "High court: police can use violent means to end high-speed chases; The Supreme Court's 8-to-1 decision involved a Georgia teenager, who sued a police deputy who rammed the teen's speeding car, causing serious physical damage." Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 10:03 PM by Howard Bashman "Supreme Court backs police in high-speed chases": Michael Doyle of McClatchy Newspapers provides this report. Posted at 09:22 PM by Howard Bashman "Supreme Court to weigh fate of Houston teens' killer": The Houston Chronicle provides a news update that begins, "The U.S. Supreme Court agreed today to consider whether one of the six killers of Houston teen-agers Jennifer Ertman and Elizabeth Pena should escape execution because he was denied a chance to get legal assistance from the Mexican consulate. As requested by the Bush administration, the high court will hear arguments in the fall on the case of Jose Medellin, a Mexican citizen sent to Texas death row in the notorious 1993 rape-murder case." Posted at 08:30 PM by Howard Bashman "High Court Sides With Police on Car Chase Injuries": This audio segment (RealPlayer required) appeared this evening's broadcast of NPR's "All Things Considered." Posted at 08:24 PM by Howard Bashman "'Issue Ads' And Common Sense": Stuart Taylor Jr. has this essay in today's issue of National Journal. Posted at 08:17 PM by Howard Bashman "High court hands tech firms patent victory": Patti Waldmeir of Financial Times provides this report. Posted at 05:33 PM by Howard Bashman "Supreme Court Adopts New Standard on Patent Litigation": law.com's Tony Mauro provides this news update. Posted at 05:04 PM by Howard Bashman In memory of Senior Eighth Circuit Judge Donald P. Lay: The Eighth Circuit confirms that Judge Lay passed away peacefully at his home on Sunday, April 29, 2007. I am further told that, in lieu of flowers, donations in his memory may be made to the Muscular Dystrophy Association or the Boy Scouts of America. Posted at 05:00 PM by Howard Bashman Available online from Lyle Denniston of "SCOTUSblog": Lyle has posts titled "Commentary: Do detainees retain any rights?" and "Analysis: A flat new rule on high-speed chases." Posted at 03:58 PM by Howard Bashman "Supreme Court declines to enter fray on detainee trials; Monday's action helps to clear the way for the next military trials against terror suspects at Guantanamo Bay": Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 03:53 PM by Howard Bashman "'Marketplace' Report: Microsoft Patent Dispute." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." Posted at 03:40 PM by Howard Bashman "Romney Assails McCain-Feingold Law": The Associated Press provides this report. Posted at 03:35 PM by Howard Bashman Ninth Circuit rejects challenge to Gilroy (Calif.) Garlic Festival's prohibition against the wearing of gang colors or other demonstrative insignia, including motorcycle club insignia: The only thing more fearsome than a gang member decked out in demonstrative insignia is a gang member decked out in demonstrative insignia who reeks of garlic. You can access today's Ninth Circuit ruling at this link. Posted at 03:11 PM by Howard Bashman Christian evangelists who operate religious outreach with the use of amplified sound in the streets of San Francisco lose their constitutional challenge to San Francisco's enforcement of its noise abatement ordinance: A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this lengthy decision today. Posted at 03:05 PM by Howard Bashman Ninth Circuit rejects constitutional challenge to California's vexatious litigant statute: You can access today's ruling at this link. The challenger to the law's constitutionality appeared pro se on appeal. Posted at 03:00 PM by Howard Bashman Substantive due process "state-created danger" claim cannot succeed where, in reliance on a government physician's bad advice to ignore warning signs of a heart attack, the patient sustains serious injury: A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this ruling today. Posted at 02:55 PM by Howard Bashman "Justices OK deadly force in some police pursuits": David G. Savage of The Los Angeles Times provides this news update. Robert Barnes of The Washington Post provides a news headlined "Supreme Court Sides With Police in Chase Case." And Bill Mears of CNN.com provides a report headlined "Court: High-speed chase suspects can't sue police." "Online Video Clips: Not Just for Porn Anymore." David Lat has this post at "Above the Law." At "The Volokh Conspiracy," Orin Kerr has this related post. At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Let's Go to the Videotape." At "The Indiana Law Blog," Marcia Oddi offers these thoughts. And at the "New York Personal Injury Law Blog," you can access a post titled "US Supreme Court Goes Multimedia -- Video is Part of Decision." My earlier coverage appears here. YouTube, meet SCOTUSTube. Reuters is reporting: James Vicini has articles headlined "Court rules police can't be sued in high-speed chase" and "U.S. court to decide case of Mexican on death row." Also available online are articles headlined "Court won't hear appeal by Guantanamo prisoners"; "US high court loosens patent 'obviousness' test"; "U.S. top court rules for Microsoft in patent case"; "Court won't review same-sex union custody case"; and "Top court won't hear power plant pollution rule." Greg Stohr of Bloomberg News is reporting: He has articles headlined "Technology Companies Win as Supreme Court Limits Patent Rights" and "Death Sentences on Mexicans Draw Scrutiny by U.S. Supreme Court." Posted at 02:20 PM by Howard Bashman U.S. Supreme Court sends latest round of impending federal procedural rule changes to Congress: In addition to issuing an Order List and announcing rulings in five argued cases, today the Supreme Court of the United States also sent to the U.S. Congress the amendments to the Federal Rules of Appellate Procedure, Bankruptcy Procedure, Civil Procedure, and Criminal Procedure that will take effect on December 1, 2007 absent any intervening disapproval from Congress. The lone change to the Federal Rules of Appellate Procedure due to take effect this December involves the subject of privacy protection. "Senators Leery of Another Supreme Court Fight": Roll Call today contains an article (subscription required) that begins, "Just over a year after confirming President Bush's second nominee to the Supreme Court, many Senators say they are holding their breath that they won't have to entertain another high court vacancy this Congress, anticipating a battle royal that likely would bring the narrowly divided chamber to a partisan standstill." Posted at 12:54 PM by Howard Bashman "Court Refuses Child Visitation Dispute": The Associated Press provides a report that begins, "The Supreme Court on Monday declined to get involved in a dispute between two former lesbian lovers over visitation rights involving a 4-year-old child." Posted at 12:47 PM by Howard Bashman Ninth Circuit Judge Alex Kozinski versus blogs linkwrap: On Friday, I had a post titled "Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down." More recently, the audio has appeared back online, available here (most relevant audio excerpt) and here (full audio segment; click "listen" at this link's destination to launch audio). The full audio segment also includes Judge Kozinski's interesting explanation of his discovery that David Lat was probably the author of the blog "Underneath Their Robes" before Lat's official unmasking occurred in an article that Jeffrey Toobin published in The New Yorker. A formatted PDF version of the Google cache transcript (which is less than 100% accurate) of that full audio segment can be accessed here. A formatted transcript of Judge Kozinski's complete talk, consisting of a total of four audio segments, is forthcoming. Yesterday, I collected links to all my related earlier coverage in a single post that you can access here. All that remains to be determined is why the audio and transcript of Judge Kozinski's October 2006 talk to Law Professor Eric Goldman's cyberlaw class was removed from the web site of the High Tech Law Institute at Santa Clara Law School once bloggers other than Professor Goldman (see his initial post here) began to link to it and discuss it. I have emailed Professor Goldman on Friday to ask why the material was taken off-line, but I thus far have received no answer. In products liability case, federal district court properly subjected opinions of generalist "expert for hire" to greater scrutiny: According to a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today, "This Court has recognized for some time that expert testimony prepared solely for purposes of litigation, as opposed to testimony flowing naturally from an expert's line of scientific research or technical work, should be viewed with some caution." The ruling affirms the district court's exclusion of the expert's proposed testimony and the entry of summary judgment in the defendant's favor that necessarily followed therefrom. Posted at 11:44 AM by Howard Bashman "FCC Holds Hearing on Media Ownership Rules": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 11:33 AM by Howard Bashman Here's a first -- A U.S. Supreme Court decision issued today has its own accompanying video: Talk about multimedia rulings! The Court's opinion today in Scott v. Harris, No. 05-1631 -- a dispute about the lawfulness of a high-speed police chase captured on video -- appears online at the Supreme Court's web site with this 91.7 MB RealPlayer video file. No word yet from the Court on whether the volume of U.S. Reports in which this decision will appear will include its own embedded video player. Posted at 11:19 AM by Howard Bashman Majority opinion by Chief Justice John G. Roberts, Jr.; dissenting opinion by Justice Samuel A. Alito, Jr.: See today's ruling in United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345. Proving once again that there's nothing like a dormant Commerce Clause solid waste disposal dispute to fracture traditional alliances on the Court. Posted at 11:14 AM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Supreme Court Won't Hear Guantanamo Case"; "Court Takes Death Penalty Case"; "Supreme Court Backs Police in Chase Case"; "Court Favors Microsft in Patent Fight"; "Court Decides Trash Fight"; and "Court Adheres to 2003 Clean Air Rules." Posted at 10:17 AM by Howard Bashman "Court rules on two patent cases, and on high-speed chase": Lyle Denniston has this post at "SCOTUSblog." The Court decided a total of five argued cases today. In Microsoft Corp. v. AT&T Corp., No. 05-1056, you can access the opinion of the Court here and the oral argument transcript here. In KSR International Co. v. Teleflex, Inc., No. 04-1350, you can access the opinion of the Court here and the oral argument transcript here. In Scott v. Harris, No. 05-1631 -- an excessive force, high-speed police chase case from Georgia -- you can access the opinion of the Court here and the oral argument transcript here. In EC Term of Years Trust v. United States, No. 05-1541, you can access the opinion of the Court here and the oral argument transcript here. And in United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345, you can access the opinion of the Court here and the oral argument transcript here. "Court turns down Hamdan appeal, will hear Medellin": Lyle Denniston has this post at "SCOTUSblog." My detailed coverage of the November 2006 ruling of the Texas Court of Criminal Appeals in Ex Parte Jose Ernesto Medellin can be accessed at this link. You can access today's U.S. Supreme Court Order List at this link. "Free Speech and Defamation: When Prior Restraint Is the Right Decision." Today's installment of my "On Appeal" essay for law.com can be accessed at this link. Posted at 10:02 AM by Howard Bashman "Equality vs. quality in schools": Today in The Seattle Times, columnist Jerry Large has an op-ed that begins, "The U.S. Supreme Court is expected to rule this week on a case involving Seattle schools, and I think the odds favor a ruling that race can't be taken into account to address the impact of race." Although it is possible that the U.S. Supreme Court could issue its ruling today, if the decision does not issue today then the next possible date for a ruling would be Monday, May 14, 2007. The Court's calendar for this Term can be viewed at this link. "Divorced parents clash over 12-year-old son's circumcision; Three-year fight - The father, a convert to Judaism, sees it as a matter of religious observance." This article appeared Friday in The Oregonian. Posted at 08:45 AM by Howard Bashman "Bombing suspect's hometown shocked; Former neighbors describe Paul Ross Evans as pleasant and polite": The Austin American-Statesman today contains an article that begins, "It was the talk of the barber shop where Lee Tillman got his hair trimmed for a church banquet Saturday: A man who had lived for years in this small East Texas city had been arrested by the FBI, accused of putting a bomb outside an Austin clinic that performs abortions." Posted at 08:44 AM by Howard Bashman "Students Protest Attorney General": The Harvard Crimson today contains an article that begins, "As Attorney General Alberto Gonzales and his classmates posed for a photo at their Harvard Law School reunion Saturday, an odd figure stood behind the photographer. A group of law students, one of whom wore an orange jumpsuit and a black hood, stood at the bottom of the steps of Langdell Hall and shouted to the other alumni to say 'torture' or 'resign' instead of 'cheese.'" And in somewhat related coverage, The Washington Post today contains an article headlined "The Investigated Investigator: Leader of High-Profile Probes Is Under Scrutiny Himself." "Two federal judges hold key to California prison reform; Two veteran jurists may find themselves reluctantly stepping in where there is a political vacuum to address inmate overcrowding": This article appears today in The Los Angeles Times. Posted at 08:27 AM by Howard Bashman "Judge in terror case: Indictment 'very light on facts'; Critics say vague charges have replaced the 'dirty bomb' accusation against Jose Padilla." The St. Petersburg Times contains this article today. Posted at 08:25 AM by Howard Bashman "2,000 stories of regret swayed Court; Testimonials from Florida women figure in a Supreme Court ruling regarding abortion": This article appears today in The St. Petersburg Times. Posted at 08:20 AM by Howard Bashman "Guantanamo Lawyers Predict More Suicides": The Associated Press provides a report that begins, "Lawyers envision more suicides and despair at Guantanamo Bay if the U.S. Justice Department succeeds in severely restricting access to detainees by defense attorneys, virtually the only contact inmates have with the outside world." Posted at 08:15 AM by Howard Bashman "Did Justices' Catholicism Play Part in Abortion Ruling?" Robert Barnes has this article today in The Washington Post. And today in The Chicago Tribune, Law Professor Geoffrey R. Stone has an op-ed entitled "Our faith-based justices." "Petition for rehearing in US v. Lett": This post, providing online access to the petition, appears at the "Sentencing Law and Policy" blog. My earlier coverage of the recent Eleventh Circuit ruling in this case can be accessed here. "Georgia's Shame": The New York Times today contains an editorial that begins, "Every day that young Genarlow Wilson remains in prison for consensual sexual activity is a further indictment against the prosecutors, lawmakers and judges of the Georgia legal system." Posted at 07:48 AM by Howard Bashman "As Blogs Proliferate, a Gadfly With Accreditation at the U.N." This article appears today in The New York Times. Posted at 07:45 AM by Howard Bashman "When Talk Isn't Cheap: Campaign finance regulators say speech isn't free--it's a form of 'contribution.'" John Fund has this essay online today at OpinionJournal. Posted at 07:44 AM by Howard Bashman "Winner Takes Some: The Supreme Court's shift on abortion is not what you think." Benjamin Wittes has this essay online today at The New Republic. Posted at 06:44 AM by Howard Bashman Sunday, April 29, 2007 "Sexual Threats Quiet Some Female Bloggers": This front page article will appear Monday in The Washington Post. Posted at 11:18 PM by Howard Bashman "Cases Keep Flowing in, but the Jury Pool Is Idle": That's the headline of Adam Liptak's "Sidebar" column (TimesSelect temporary pass-through link) that will appear Monday in The New York Times. Posted at 11:10 PM by Howard Bashman "Civil-rights icon Hill nears 100; Richmond native held crucial role in building Brown v. Board case": This article appears today in The Richmond Times-Dispatch. Posted at 10:12 PM by Howard Bashman "The Temptation of Justice Thomas: In his latest anti-abortion opinion, Clarence Thomas hints at a moment of doubt." Evan P. Schultz will have this essay in the April 30, 2007 issue of Legal Times. And in the April 30, 2007 issue of The National Law Journal, American Bar Association President Karen J. Mathis has an essay entitled "Better Judicial Pay: Lawyers must take the lead." Law Professor David Fontana has an essay entitled "Appointing prosecutors:Make it less political." And Dan Small has an essay entitled "Attorney General Gonzales: How to get him to go." "Detainees seek rehearing": Lyle Denniston has this post at "SCOTUSblog." Posted at 07:05 PM by Howard Bashman The Philadelphia Inquirer reports that Philadelphia judge owns unsafe rental properties, and the judge is running for a seat on the Supreme Court of Pennsylvania: That newspaper today contains articles headlined "Dilapidation on his docket"; "Judge's public office, staff used for personal business; A court-paid worker was on the case, collecting rent and signing leases for Berry; He says that will stop"; and "An unreal scheme used in attempt to conceal assets." And in other coverage of this year's Pa. Supreme Court elections, yesterday's newspaper contained a fund raising-related article headlined "Judicial hopefuls treading the line." "Debating the Value of Victims' Rights Laws": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 06:40 PM by Howard Bashman Philadelphia Phillies 6, Florida Marlins 1: The largest attendance at Citizens Bank Park thus far this season was present for the Phillies first Sunday home game of the year, due to the rain-out earlier this month of a Sunday home game against the Houston Astros. Today's large crowd, which included my son and me, nearly witnessed a historic pitching performance, as Phillies starter Jamie Moyer took a no-hitter two outs deep into the top of the seventh inning. The typical no-hitter features at least one or two tremendous defensive plays, and today's game had at least two to offer. Phillies third baseman Abraham Nunez made an amazing defensive play for the second out in the third inning, when the Marlins catcher hit a line drive that glanced off the top of Nunez's glove when he tried to jump as high as possible to make the catch. The ball dribbled just behind Nunez, who turned around, picked it up, and threw out the catcher at first base by a stride on a short-hop that first baseman Ryan Howard easily handled. Moyer ended his chance at a perfect game by walking the first batter in the fourth inning. Hanley Ramirez, who drew the walk, was erased when second baseman Dan Uggla grounded into a fielder's choice. Then third baseman Miguel Cabrera hit a shot into the left field power alley that appeared to be heading for a double, but somehow Phillies left fielder Jayson Werth made an amazing snow-cone catch at the warning track. Uggla at that point was steps away from third base and was resigned to his fate, so Werth upon turning around threw the ball back to shortstop Jimmy Rollins, who then lobbed the ball to first baseman Ryan Howard to record the double play at first base. Thanks to that double play to end the fourth inning, Moyer had faced the minimum number of batters when Cabrera returned to the plate as the third batter in the top of the seventh inning. On a 3-1 count, he lined the ball into the left field corner for a double. The no-hitter was no more. The very next batter, however, lined out to second base, ending the inning. Moyer was the lead-off batter in the bottom of the seventh inning, and he hit a line drive of his own into the left field corner for a double, barely reaching second base before the tag. It was his second hit of the game, as he led off the third inning with a pop fly single that froze the left fielder in his tracks. In the bottom of the seventh, Moyer reached third base on a wild pitch, but the next three batters for the Phillies recorded outs that were not productive enough to score him from third. Perhaps running the bases tired Moyer, who had already thrown 86 pitches to that point and is nearly two years older than me. He walked the first Marlins batter in the top of the eighth inning and then, after recording a strikeout, gave up a single to the next batter. With runners at first and second, one out, and Moyer having thrown 100 pitches, his day was over. New-found set-up man Brett Myers came in to record two successive strikeouts, and the eighth inning ended without the Marlins putting any runs on the board. In the bottom of the eighth inning, a double from pinch hitter Greg Dobbs with the bases loaded brought in three more runs for the Phillies, making the score 6-0, and thereby rendering unnecessary for today at least the services of the Phillies recently unreliable closer, Tom "Flash" Gordon. After giving up a meaningless run to the Marlins in the top of the ninth, the game ended with the final score 6-1. Tthe large crowd left happy, whether or not they were carrying a bobblehead Phanatic or enjoyed today's King Tut celebration. Although eleven wins thus far for the month of April will not enable the Phillies to avoid a losing record for April 2007, the past two years the Phillies only achieved ten wins in April. So, this month's record does represent at least a slight improvement. You can access the box score of today's game at this link, while wraps are available here and here. "In Indiana, a fight over 'In God We Trust' license plates; In Indiana, the extra fee for specialty tags doesn't apply to one that invokes the divine; Critics go to court": The Los Angeles Times contains this article today. Posted at 09:42 AM by Howard Bashman "Protesters decry upholding of ban on abortion procedure": This article appears today in The Boston Globe. Posted at 09:40 AM by Howard Bashman Why is today not day three of "Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down"? Because the audio is back online! You can listen by visiting this web page and then, once there, simply clicking on the link labeled "listen." Plus, the written transcript, although less than 100% accurate, remains available online via Google cache. The first reference to "How Appealing" appears shortly after the 14-minute mark of the audio. A bit later in this very same audio segment, Judge Kozinski explains how he determined that David Lat was probably the author of the blog "Underneath Their Robes" before Lat's official unmasking occurred in an article that Jeffrey Toobin published in The New Yorker. My earlier, related posts can be accessed via their respective titles: "Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down"; "Welcome to day two of 'Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down' "; "Ninth Circuit Judge Alex Kozinski talks about blogs"; and "'Judge Kozinski Talks About Cyberlaw.'" "Lethal injection, revealed": The Boston Globe contains this editorial today. Posted at 09:27 AM by Howard Bashman "Ban All the Lawyers: Prisoners at Guantanamo don't really need them, or so says the Justice Department." This editorial appears today in The Washington Post. Posted at 09:25 AM by Howard Bashman "Woman in Escort Case Plans to Name Names in Defense": The New York Times today contains an article that begins, "Deborah Jeane Palfrey has not been at all shy about it: for more than a decade she ran an escort service that catered to upscale clients in the nation’s capital, sending college-educated women to men's homes or hotel rooms." And The Washington Post today contains a front page article headlined "'I Abhor Injustice,' Alleged Madam Says." "Evidence shows Justice Thomas to be interesting on all charges": Today in The St. Louis Post-Dispatch, Harry Levins has this review of the book "Supreme Discomfort: The Divided Soul of Clarence Thomas," by Kevin Merida and Michael A. Fletcher. Posted at 09:15 AM by Howard Bashman "Campaign law dogs McCain; He says he wants to clean up politics; GOP activists say he's muzzling speech": This article appears today in The Milwaukee Journal Sentinel. Posted at 09:10 AM by Howard Bashman "Enron, the Supreme Court and Shareholders on the Brink": Ben Stein has this essay today in The New York Times. Posted at 09:05 AM by Howard Bashman "For $82 a Day, Booking a Cell in a 5-Star Jail": This article appears today in The New York Times. Posted at 09:00 AM by Howard Bashman "Partial-Birth Bigotry: The know-nothing left blames the latest abortion ruling on Catholicism." The Wall Street Journal has posted at OpinionJournal, allowing for free access, this op-ed by Law Professor John Yoo that appeared in The WSJ yesterday. Posted at 08:44 AM by Howard Bashman "Duquesne Univ. Honors Alito": That was the title of last night's broadcast of C-SPAN's "America & the Courts" program. According to C-SPAN's detailed description of the broadcast, "U.S. Supreme Court Justice Samuel Alito receives the Carol Los Mansmann Award for Distinguished Public Service from Duquesne Univ. Law School in Pittsburgh, PA. Third Circuit Chief Judge Anthony Scirica & Justice Alito's wife, Martha-Ann Alito, also make remarks." You can view the broadcast online by clicking here (RealPlayer required). No word yet on whether a certain Pennsylvania Supreme Court Justice will also boycott the webcast of the event. Saturday, April 28, 2007 "Strengthening Abortion Rights": The New York Times on Sunday will contain this editorial. Posted at 11:55 PM by Howard Bashman "82 Inmates Cleared but Still Held at Guantanamo; U.S. Cites Difficulty Deporting Detainees": This article will appear Sunday in The Washington Post. Posted at 11:50 PM by Howard Bashman Ninth Circuit Judge Alex Kozinski talks about blogs: By popular demand, the audio is back online at this link. Simply click "listen" to, um, listen. The portion of the audio quoted in my post titled "Don't hate the player" begins moments after the 14-minute mark of the recording. And the transcript remains available here via Google cache. My other earlier, related posts can be accessed here, here, here, and here. For those planning to attend the law blogging panel at the Seventh Circuit's Judicial Conference in Milwaukee on Monday, May 7, 2007, I'm told that Judge Kozinski's comments about blogs may be among the subjects on the agenda for discussion. "Meeting Jan Crawford Greenburg": At "Patterico's Pontifications," Patterico has a post in which he writes that "Ms. Greenburg is not only a fascinating person, but also someone who is completely down to earth. She is smart, funny, humble, and doesn't take herself too seriously." Indeed. Posted at 09:08 PM by Howard Bashman "Even the most poor can help shape Supreme Court decisions": Michael Doyle of McClatchy Newspapers has an article that begins, "Bruce Brendlin has a rap sheet, a drug history and a reasonably good shot at shaping the Constitution." Posted at 08:40 PM by Howard Bashman "At UD, Justice Scalia illustrates 'originalist' view; Court's odd man out doesn't see flexibility in Constitution": This article appears today in The News Journal of Wilmington, Delaware. And The Oregonian today contains an article headlined "Court of opinion weighs U.S. justice's catch; A fish tale - Antonin Scalia released his salmon as required but not before some frowned-upon photos." "Sex, Life, and Videotape: Ultrasound and the future of abortion." William Saletan has this essay online at Slate. Posted at 08:30 PM by Howard Bashman "Echoes from the Gonzales v. Carhart decision: Not simple or neat." Columnist Linda P. Campbell had this op-ed Thursday in The Fort Worth Star-Telegram. Posted at 08:27 PM by Howard Bashman "Still separate after all these years: Five decades after the Supreme Court struck down school segregation, black and white children continue to learn in different worlds; And it could get worse." This article appears in the current issue of The Economist. Posted at 08:23 PM by Howard Bashman "Forced into a Gun Debate": Law Professor Jeffrey Rosen will have this Second Amendment-related essay in the May 7, 2007 issue of Time magazine. Posted at 08:17 PM by Howard Bashman "Court ready to chip away at campaign law?" Tony Mauro has this news analysis online at the First Amendment Center. Posted at 08:14 PM by Howard Bashman "Moral Plots and Subplots in the Latest Ruling on Abortion": Peter Steinfels has this "Beliefs" essay today in The New York Times. And in the May 14, 2007 issue of The Nation, Katha Pollitt will have an essay entitled "Regrets Only" that begins, "So now you know. It really does matter who's President and which party controls Congress. A Democratic-controlled Congress would never have passed the Partial-Birth Abortion Act, which banned intact dilation and extraction abortions and, in flagrant violation of Roe v. Wade, lacked an exception to preserve the health of the woman." "Meese on short list for federal judgeship; Law professor would have to leave College to become a federal judge": The Flat Hat of the College of William and Mary on Friday contained an article that begins, "Alan J. Meese, Ball Professor at the Marshall-Wythe School of Law and co-chair of the William and Mary Committee on Religion at a Public University, has been recommended for a federal court judgeship by three of the state's bar associations." Posted at 08:03 PM by Howard Bashman "Partial-Birth Bigotry": Law Professor John Yoo has this op-ed today in The Wall Street Journal. Posted at 07:55 PM by Howard Bashman "Breyer Stresses Civil Liberties": The Associated Press provides this report. Posted at 07:48 PM by Howard Bashman "U.S. court rebuffs Bush on tuna ban; White House chided for trying to loosen 'dolphin-safe' rules": Bob Egelko has this article today in The San Francisco Chronicle. And Reuters provides a report headlined "U.S. can't alter 'dolphin-safe' tuna rules: court." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. In the current issue of The Harvard Law Record: The publication contains articles headlined "Supreme Court Advocacy Project Moots Issue Ad Regulation" and "Students Protest for Restoration of Habeas Corpus." Posted at 02:48 PM by Howard Bashman The Hartford Courant is reporting: Today's newspaper contains articles headlined "Panel Considers Views On Abortion; Parental Notification Focus Of Hearing" and "Calls Said To Gouge Inmates; Convicts' Families Pay High Rates, But Prisons Collect Little." Posted at 02:35 PM by Howard Bashman "Memo describes installing unconfirmed prosecutors; Justice official asked how to bypass Senate": Charlie Savage has this article today in The Boston Globe. Posted at 02:30 PM by Howard Bashman In jurisprudence essays available online at Slate: Garrett Epps and Dahlia Lithwick have an essay entitled "The Sphinx of Sacramento: Will the real Anthony Kennedy please stand up?" And Emily Bazelon has an essay entitled "The Secret Weapon of 2008: Felons are getting the vote back--and Republicans aren't stopping them." "A Glacial Pace on Warming": The New York Times today contains an editorial that begins, "Weeks after the Supreme Court's momentous ruling that the federal government could and probably should regulate greenhouse gases, pressure for decisive action continues to build." Posted at 12:38 PM by Howard Bashman "Appeal Is Delayed Because Transcripts Might Contain Secrets": The Washington Post today contains an article that begins, "A former National Security Agency employee who was convicted in federal court in Greenbelt of unlawfully possessing classified documents has been unable to file an appeal because federal prosecutors won't allow him or his attorney unconditional access to court transcripts, according to court papers. The reason, according to court filings, federal prosecutors and a legal expert: Some of the material contained in the transcripts could be classified." Posted at 12:03 PM by Howard Bashman "Pain Doctor Is Guilty of Drug Trafficking; In Retrial, Physician Convicted Again of Prescribing Large Quantities of Narcotics": Today's edition of The Washington Post contains an article that begins, "A prominent pain doctor was convicted yesterday for the second time of trafficking in narcotics, handing prosecutors another victory in a nationwide debate over the prescribing of dangerous narcotics to patients who may abuse or sell the medication. Federal jurors in Alexandria found William E. Hurwitz guilty of 16 counts of drug trafficking, determining that he prescribed massive quantities of medicine to patients in chronic pain. The 12-member jury acquitted Hurwitz on 17 other trafficking counts, but Hurwitz faces up to 20 years in prison for each count on which he was convicted." Posted at 12:00 PM by Howard Bashman "Prosecutors Drop Gun Case Against Webb Aide": The Washington Post today contains an article that begins, "Prosecutors yesterday dismissed the case against a top aide to Sen. James Webb who was accused of bringing a loaded pistol into the Russell Senate Office Building." Posted at 11:57 AM by Howard Bashman "Japan Court Rules Against Sex Slaves and Laborers": The New York Times today contains an article that begins, "In two landmark rulings, Japan's highest court on Friday rejected compensation claims filed by former wartime sex slaves and forced laborers from China but acknowledged that they had been coerced by the Japanese military or industry." Posted at 11:45 AM by Howard Bashman "Duke lacrosse case was riddled with holes, report says; The prosecutor did not challenge the accuser about her changing versions of what happened at a team party, North Carolina's attorney general reports": This article appears today in The Los Angeles Times. The News & Observer of Raleigh, North Carolina today contains articles headlined "Report depicts dazed accuser; Mangum was not credible, AG found"; "Team party turned sour early"; and "The lineups that weren't?; City leader says photo arrays didn't qualify; report coming." The Herald-Sun of Durham, North Carolina reports that "Attorney general explains dismissal." The New York Times reports that "'Credibility Issues' Undid Duke Case, Report Says." The Washington Times reports that "Report calls Duke rape charges unsupported." And The Associated Press reports that "Duke Lacrosse Case Report Released." You can access the North Carolina Attorney General's Summary of Conclusions report at this link. "Political Appointees No Longer to Pick Justice Interns": The Washington Post today contains an article that begins, "The Justice Department is removing political appointees from the hiring process for rookie lawyers and summer interns, amid allegations that the Bush administration had rigged the programs in favor of candidates with connections to conservative or Republican groups, according to documents and officials." Posted at 10:33 AM by Howard Bashman Available online from law.com: In news from New York, "Panel Defines 'Depicts,' Reinstates Ex-Lawyer's Conviction for Sending Indecent Text Messages." My earlier coverage appears at this link. An article reports that "11th Circuit Weighs School District's Liability for Professional Reference; Federal appeals court examines whether school can be sued for not warning another school about teacher's alleged behavior." In other news, "N.J. Court Says Sports Arenas' Duty of Care May Be Higher During Warm-Ups." Jason McLure reports that "Gonzales Stays but Faces More Questions." And the new installment of my weekly "On Appeal" column is headlined "Free Speech and Defamation: When Prior Restraint Is the Right Decision." Welcome to day two of "Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down": Yesterday, we saw the audio and transcript of the remarks giving rise to this kerfuffle disappear right before our eyes, as I detailed yesterday in this post. Overnight, a reader emailed to note that the transcript of Judge Kozinski's remarks remained online at this link via Google cache. That transcript is not a 100% accurate transcription of the audio file, but it's better than nothing. And I've saved the transcript myself so that I can post it online when the Google cache disappears. [Update: Transcripts of the remaining three parts of Judge Kozinski's talk are also available via Google cache: here; here; and here.] I also have the 32.1 MB mp3 audio podcast file saved, and I'd like to hear from my readers regarding where's the best place for me to upload the audio for free to allow my readership to access it without any bandwidth restrictions on the downloading side. Yesterday, I sent the following email to Law Professor Eric Goldman, who was responsible for having the audio and transcript of Judge Kozinski's October 2006 talk to Professor Goldman's cyberlaw class posted online at the web site of the High Tech Law Institute at Santa Clara Law School: Dear Eric,I sent my email to Professor Goldman at the contact address he features at his blog [egoldman@gmail.com], but thus far he has not written back, although Professor Goldman has made new, unrelated posts to his blogs in the interim. Sooner or later, I'm sure we will get to the bottom of why Professor Goldman and/or the High Tech Law Institute at Santa Clara Law School have taken down the audio and transcript of Judge Kozinski's remarks, but the audio and transcript themselves will undoubtedly remain available through alternate sources such as this blog. Friday, April 27, 2007 "AG releases lacrosse report": The News & Observer of Raleigh, North Carolina provides a news update that begins, "State Attorney General Roy Cooper released a report today outlining how he and special prosecutors in his office concluded that three former Duke lacrosse players were innocent of the charges they battled for a year. The report highlights missteps in the early investigation and provides details that led Cooper to sharply criticize Durham District Attorney Mike Nifong as a rogue prosecutor." And The Los Angeles Times provides a news update headlined "Duke rape accuser was 'impaired,' report finds." You can access the North Carolina Attorney General's Summary of Conclusions report at this link. "C.I.A. Held Qaeda Leader in Secret Prison for Months": The New York Times on Saturday will contain an article that begins, "The Central Intelligence Agency held a captured Qaeda leader in a secret prison since last fall and transferred him last week to the American military prison at Guantanamo Bay, Cuba, officials said Friday." The Washington Post on Saturday will report that "CIA Recently Held Terror Suspect." And The Los Angeles Times provides a news update headlined "Pentagon says it has custody of senior Al Qaeda figure; The Defense Department says he was captured and handed over to the CIA in late 2006 and has been providing critical information about Al Qaeda." "Administration considered firing 12 U.S. attorneys but cut list down": McClatchy Newspapers provide this report. And Saturday's edition of The Washington Post will report that "GOP Lawmaker Told of Plan to Fire U.S. Attorney." In today's edition of The Seattle Times: The newspaper contains articles headlined "State Supreme Court: Talk-radio hosts free to ... talk" and "Court rules against protesters in Westlake mall case." My earlier coverage of these rulings appears at this link. The Associated Press is reporting: Now available online are articles headlined "Cutback on Gitmo Visits Concerns Lawyers" and "Neb.'s New Execution Method Attacked." Posted at 09:18 PM by Howard Bashman In posts of interest at "Balkinization": Sandy Levinson has a post titled "John Roberts on judicial doctrine." And Priscilla Smith, who presented oral argument on behalf of the physician in the U.S. Supreme Court in Gonzales v. Carhart, has a post titled "A Restrained View." "A Carhart II sequel in Second Circuit": Lyle Denniston has this post at "SCOTUSblog." Posted at 09:02 PM by Howard Bashman Second Circuit isn't quite yet ready to reject the challenge to the constitutionality of the federal Partial–Birth Abortion Ban Act of 2003 pending before that court: A divided three-judge panel of the Second Circuit today issued this unpublished order calling for letter briefs addressing the impact of the recent U.S. Supreme Court ruling rejecting essentially identical constitutional challenges to that same federal law. Although the dissent from today's order is undoubtedly correct in opining that there's nothing that the parties can say in reaction to last week's SCOTUS ruling that would alter the outcome of the Second Circuit case at this point, it does appear that the Second Circuit is merely following its usual standard procedure in giving the parties a chance to comment before taking action. It is also worth noting that the author of today's order was the more reluctant of the two votes in favor of striking down the federal law when the Second Circuit issued its original decision in the case. "This case concerns the practice of catching yellowfin tuna by encircling dolphins with purse-seine nets." So begins a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. The issue is whether tuna caught using that type of nets can be labeled "dolphin safe." The federal government would like to answer that question in the affirmative, but today's ruling disagrees. Posted at 01:20 PM by Howard Bashman "A Conversation with Gitmo Lawyer on Proposed DOJ Rules": Amir Efrati has this post at WSJ.com's "Law Blog." Posted at 12:30 PM by Howard Bashman Eleventh Circuit Judge Stanley Marcus has lots to say about federal question jurisdiction to decide a petition to compel arbitration under the Federal Arbitration Act: Almost 80 pages, to be exact, consisting of both a majority opinion and a specially concurring opinion criticizing the binding Eleventh Circuit law on which the majority opinion had no choice but to rely. The specific issue in the case is whether a federal district court has federal question jurisdiction over a petition to compel arbitration if the underlying dispute to be arbitrated itself states a federal question. Apparently four other federal appellate court's have answered "no," but the Fourth and Eleventh Circuits say "yes." The specially concurring opinion concludes, "This important issue which has split the circuits merits more consideration than either this Court or the Supreme Court has given it." "Rough Justice: Behind the scenes with the American advisers to the Iraq v. Saddam Hussein court." This article will appear in the May 2007 issue of the ABA Journal. Posted at 11:48 AM by Howard Bashman Eighth Circuit examines a university's liability for a professor's alleged violation of a student's right to be free from sexual harassment: You can access today's ruling, by a unanimous three-judge panel, at this link. Posted at 11:44 AM by Howard Bashman Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down: Far be it from me to try to explain how or why things happen on the internet, but thanks to a post this morning at "Above the Law" titled "Kozinski on Blogs: 'Hateful Things,'" I note that both the audio and transcript of Judge Kozinski's remarks that I've linked to here and here are now gone from the web. "Above the Law" states that "The audio link is down," but the web site that hosted the audio and transcript remains on-line; all that's unavailable are the audio and text of Judge Kozinski's talk. Perhaps Judge Kozinski's dislike of blogs extends to a dislike of podcasts of his remarks expressing a dislike of blogs. Fortunately, at least as of this moment, you can still download via this link the mp3 audio file in which Judge Kozinski spoke about "How Appealing." [Update: As of shortly after 3 p.m. eastern time, that direct mp3 download likewise no longer functions. Perhaps someone no longer wants this audio file to be readily available.] I've saved a copy of that audio file on my hard drive, allowing me to post it myself if the "Tech LawForum" web site hosted by the High Tech Law Institute at Santa Clara Law School now decides to remove direct access to the mp3 file as well. The "Above the Law" post states, "Why is Kozinski picking on Bashman? How Appealing is the opposite of grandiloquent; it's essentially a just-the-facts clearinghouse for the day's news." At "Patterico's Pontifications," Patterico writes, "Let's hope Kozinski was just kidding. After all, Howard Bashman is the last guy you'd want to pick on for being flowery and self-indulgent -- and his site is tremendously useful. Either Judge Kozinski was kidding, or he just doesn't know what he's talking about here." A judicial law clerk emails, "I'll echo what the California district court clerk said, but this time coming from the Eighth Circuit. There is only one website that has a shortcut on my desktop, and it's How Appealing. You're my morning newspaper for all things legal. Judge wonders how we get PDFs of Supreme Court opinions before they're posted on the Supreme Court website, and it's because of your speed. You certainly are 'the authority' for appellate happenings for this chambers." And from a U.S. Courts email address in the Northern District of Georgia comes an email stating, "Am I the only one who read Judge Kozinski's comments about your blog as having been made very tongue-in-cheek. I interpreted his remarks as a back-hand compliment (since I know that you and he have traded quips over the years), but I see other people who seem to be up in arms over the judge's statement. I am curious to know how YOU interpreted his remarks." Judge Kozinski and I supported opposite sides in the battle over whether to adopt Federal Rule of Appellate Procedure 32.1, which allows parties to cite to unpublished and non-precedential federal appellate court rulings. He was quite personally invested in efforts to defeat that rule, but ultimately the rule change was approved. He and I also disagree over whether the Ninth Circuit should be divided. But, the person who can best explain whether and, if so, why Judge Kozinski doesn't like this blog (or me or my opinions on issues) isn't me. Of course, to the extent that I do publicly express opinions on controversial issues (which isn't often, and typically those issues are controversial only among fellow law geeks), and some people think less of me as a result, that's a risk that I've knowingly and willingly taken. So, there are certainly no regrets here. Update: And this just in from a Chief Judge who's emailing over the BlackBerry: "Just a note to tell you that Kozinski is SO off base, but you already knew that. Better than that, however, his comments were just gigged by Dahlia Lithwick, of Slate -- who is speaking on Blogging at the Annual Conference of Chief Judges. You have a lot of fans in here." On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Court Decision Energizes Abortion Debate on Capitol Hill" and "Medical Progress Shifts the Abortion Debate" (RealPlayer required). Posted at 09:20 AM by Howard Bashman "Penalty for refusing drunk test applies even if driver in parked car, court rules": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A suspected drunken driver can have her license suspended for refusing to be tested for alcohol, even though police only found her passed out in the car and never actually saw her driving, the state Supreme Court ruled Thursday." You can access yesterday's ruling of the Supreme Court of California at this link. "Reflections on the New Abortion Ruling and the Roberts Court": Dorothy Samuels has this Editorial Observer essay today in The New York Times. And today in The Boston Globe, columnist Ellen Goodman has an op-ed entitled "Regulating women." "Dirty words as bad as pictures, court rules": The Journal News of Westchester, New York today contains an article that begins, "Sexually explicit words are just as bad as nude pictures when they're sent to children over the Internet, the state's highest court has decided." Gannett News Service reports that "State's highest court reverses ruling on Internet porn." And The Associated Press provides a report headlined "Court: No need for images to convict on anti-pedophile law." You can access yesterday's ruling of the New York State Court of Appeals -- that State's highest court -- at this link. For those interested in this subject, the October 9, 2006 installment of my weekly "On Appeal" column for law.com was headlined "Text This: Words Alone Can Violate Federal Obscenity Laws." "Spitzer Seeks Raise for Judges, Not Legislators": The New York Times contains this article today. And The Times-Union of Albany, New York reports today that "Raises rise to top of agenda; State senators back measure that would increase pay for judges, and for themselves." "Lam's work honored by county bar association; Dignity after dismissal cited by board member": This article appears today in The San Diego Union-Tribune. Posted at 08:47 AM by Howard Bashman Iowa man was well-liked; the bombs he allegedly mailed to financial institutions, not so much: The Associated Press reports that "Man Accused of Mailing Bombs Well Liked." And The Telegraph Herald of Dubuque, Iowa contains an article headlined "Neighbor: 'The Bishop' bomb suspect a 'super cool' guy; Some who know him say Tomkins was a good family man." "Senate okays civil unions; parties divided; Gov. Lynch has already said he'll sign bill": This article appears today in The Concord (N.H.) Monitor. And The New York Times reports today that "New Hampshire Senate Votes to Allow Same-Sex Civil Unions." "Jurists uphold bar critic's gagging; A Balboa Island woman can be stopped from making defamatory comments about a local bar, the California Supreme Court ruled Thursday": The Orange County Register today contains an article that begins, "A Balboa Island woman who is accused of saying that workers at a neighborhood bar of peddled child porn, had Mafia ties and worked for Satan can be barred from making such comments without having her free-speech rights violated, the California Supreme Court ruled Thursday. The ruling caps a six-year legal saga that stemmed from statements made by Anne Lemen about the Balboa Island Village Inn, a tavern and restaurant open since the 1920s. As a result, slander and libel cases typically resolved with fines could instead be handled through outright bans on defamatory speech, a possibility that worried some observers." Today in The Los Angeles Times, Maura Dolan reports that "State supreme court moves to limit speech; State justices for the first time rule that defendants can be barred from making defamatory statements in the future." And in The San Francisco Chronicle, Bob Egelko reports that "State's top court says statements ruled slanderous can't be repeated." My earlier coverage of yesterday's ruling of the Supreme Court of California can be accessed here. "Probe of White House political operations moves ahead; Special counsel sets up procedures to investigate the firing of a U.S. attorney and missing White House e-mails": The Los Angeles Times contains this article today. And in today's issue of USA Today, Raul Reyes has an op-ed entitled "Why are Gonzales' amigos so silent?" "U.S. Wants to Limit Guantanamo Detainees' Access to Lawyers": This article appears today in The Washington Post. And The New York Times today contains an editorial entitled "After the Lawyers" that begins, "It can be hard to tell whom the Bush administration considers more of an enemy at the Guantanamo Bay detention camp: the prisoners or the lawyers." "Immigration-Related Cases Clog Courts": The Associated Press provides a report that begins, "Immigration-related felony cases are swamping federal courts along the Southwest border, forcing judges to handle hundreds more cases than their peers elsewhere." Posted at 07:50 AM by Howard Bashman Thursday, April 26, 2007 Available online from law.com: Marcia Coyle has an article headlined "Scandal Over U.S. Attorneys' Firing Could Cloud Other Cases; Defense attorneys could raise politics as a factor in a variety of investigations." And in other news, "N.Y. High Court: Davis Polk Didn't Commit Malpractice, Is Entitled to Fee." You can access at this link today's ruling of the New York State Court of Appeals. "Court: Insults can be barred; Balboa Island woman's accusations against bar can be blocked if found defamatory, state Supreme Court says." The Orange County Register provides this news update. My earlier coverage of today's ruling of the Supreme Court of California can be accessed here. "Chief Justice Denies Detainees' Request": The Associated Press provides a report that begins, "Chief Justice John Roberts on Thursday denied a request to step in and prevent cases of prisoners at Guantanamo Bay from being thrown out of court." And at "SCOTUSblog," Lyle Denniston has a post titled "Chief Justice denies detainees' pleas." You can access at this link today's Opinion in Chambers of Chief Justice John G. Roberts, Jr. in his capacity as Circuit Justice for the U.S. Court of Appeals for the D.C. Circuit. "I can't really have breakfast, really enjoy my day, until I hear the great thoughts of Howard Bashman": Thanks to Ninth Circuit Judge Alex Kozinski for the kind -- at least when taken entirely out-of-context -- words. At "The Volokh Conspiracy," Orin Kerr has a post titled "Judge Kozinski and the Blogosphere." At law.com's "Legal Blog Watch," Carolyn Elefant has a post titled "Justice Kozinski Gives a 'Shout-Out' to Howard Bashman." And at "Begging The Question," Milbarge has a post that begins, "Unlike Judge Kozinski, I do check Howard Bashman's site before I eat breakfast every day." And so does Law Professor Rick Hasen. A law clerk who works at a California-based federal district court emails, "If that's all that Judge Kozinski said about your blog, I think he missed the point of what you do. Although I enjoy your light introductions to a topic or event, I read your blog to be timely introduced to events just occurring in the legal world, especially judicial decisions. Your links to just-issued decisions are invaluable, including those authored by Judge Kozinski. More than once, you have identified a case or other legal happening directly relevant to something on which I am working. Don't be discouraged." And a well-known criminal defense attorney based in Atlanta emails, "That quote is hilarious. Why don’t you provide more insight into your view of his lack of pre-occupation with your thoughts? I want to know how long at a time can you go without thinking of him?" The AP is reporting: Now available online are articles headlined "Political Skirmish Over Guantanamo" and "Lawsuit Targets 'Spam Harvesters.'" Posted at 04:33 PM by Howard Bashman "Roberts Pans Texas Death Penalty Opinion": The Associated Press provides a report that begins, "When Chief Justice John Roberts took his center seat for the first time in October 2005, John Paul Stevens, the court's senior justice, wished him 'a long and happy career in our common calling.' This week, Roberts had some words for Stevens, who turned 87 last week. And they were not nearly so kind. In a pointed dissent from decisions overturning death sentences for two Texas inmates, Roberts accused Stevens of engaging in revisionist history." Later, the article notes that "Justice Anthony Kennedy, by contrast, is having the kind of year most judges only dream about.... Kennedy is a robust 31-1 in signed opinions issued since the court began its current term in October. He is 12-0 in 5-4 cases, the only justice in that narrow majority each time in cases concerning abortion, the death penalty and global warming." In free speech-related rulings from the Supreme Court of Washington State: The Seattle Times provides a news update headlined "State high court rules Westlake Center had a right to limit war protesters" that begins, "In a 7-2 vote on free speech, the state Supreme Court ruled that Westlake Center officials were within their right to ask Iraq war protesters to lower their picket signs walking between the mall and the monorail station." And The Seattle Post-Intelligencer provides a news update headlined "Court: Rights of anti-war protesters in Westlake were not violated." Today's ruling in Sanders v. City of Seattle consists of a majority opinion, a concurring opinion, and two dissenting opinions (here and |