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Friday, April 13, 2007 "Political Resume, Not Court, Stood Out for a Contender": The New York Times on Saturday will contain an article that begins, "Rachel L. Brand, by her own admission, has never prosecuted so much as a traffic case. But in January 2006, when Justice Department officials began to discuss removing some United States attorneys, Ms. Brand was proposed as the top federal prosecutor in the Western District of Michigan, an e-mail message released on Friday shows." Posted at 11:30 PM by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Documents Show Justice Ranking U.S. Attorneys" and "Lawyers, Activists Protest Removal of Pakistan Judge." And today's broadcast of "Day to Day" contained an audio segment entitled "Deleted E-Mails: Gone Forever?" RealPlayer is required to launch these audio segments. "Scalia tells UP tradition must guide court": The Oregonian today contains an article that begins, "Long-standing practices should win out over abstract rules when the U.S. Constitution is interpreted, Supreme Court Justice Antonin Scalia told a crowd of more than 1,500 Thursday at the University of Portland." And The Associated Press reports that "Scalia says he played centrist role in religion cases." "Profs detail Scalia's judicial philosophy": This article appears today in The Chicago Maroon. And for those who can't get enough of Law Professor Stephanos Bibas, you can see another photo of him here. Posted at 09:40 PM by Howard Bashman "Gonzales Aide Suggested Replacements for Attorneys": The New York Times provides a news update that begins, "A Justice Department e-mail released today shows that the former chief of staff to Attorney General Alberto R. Gonzales proposed replacement candidates for seven United States attorneys nearly a year before those prosecutors were fired, in contrast to testimony last month in which the aide said that no successors were considered before the firings." The Washington Post provides a news update headlined "Attorney Replacements Picked Prior to Firings; White House Identified Bush Insiders for Posts, E-mails Show." McClatchy Newspapers report that "Deleting embarrassing e-mails isn't easy, experts say." And law.com's Tony Mauro has an interview headlined "Daniel Metcalfe Says 'Nothing Compares to the Past Two Years.'" "Libby to Appeal Conviction in Leak Case": The Associated Press provides a report that begins, "Former White House aide I. Lewis 'Scooter' Libby said Friday he no longer plans to ask for a new trial in the CIA leak case but still expects to appeal his conviction." Posted at 05:54 PM by Howard Bashman "Prosecuting the Prosecutor: Did the DA in the Duke lacrosse case commit a crime?" Law Professor Joseph Kennedy has this jurisprudence essay online at Slate. Posted at 05:28 PM by Howard Bashman "Court Ruling OKs Mercury Fillings": The Associated Press provides this report. My earlier coverage of today's D.C. Circuit ruling appears at this link. Don't feed the trolls: That remark is commonly found on popular blogs with comments. But, in contrast to internet trolls, today the U.S. Court of Appeals for the Second Circuit has decided a copyright appeal involving troll dolls and so-called "restored" copyrights. You can access today's ruling at this link. Posted at 11:50 AM by Howard Bashman "Protesters in Pakistan Rally for Judge": The Associated Press provides a report that begins, "Protesters burned an effigy of President Gen. Pervez Musharraf and demanded his resignation, as thousands rallied across Pakistan during a court hearing Friday for a top judge removed by the government. Musharraf suspended Ifitkhar Mohammed Chaudhry from his Supreme Court post last month, citing suspicions that he had abused his position." Posted at 10:30 AM by Howard Bashman "Corruption cases above politics, prosecutor says; Biskupic caught in U.S. attorneys fray": This article appears today in The Milwaukee Journal Sentinel. And a related editorial in today's newspaper is headlined "The focus on Biskupic -- Items to consider: He's a career prosecutor; He has pursued political corruption cases against Republicans; He says he is unaware of White House pressure." On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "'Lost' RNC E-Mail Irks Democrats" and "Senate Panel Sets Deadline on Corruption Case" (RealPlayer required). Posted at 10:20 AM by Howard Bashman Bloomberg News is reporting: Now available online are articles headlined "White House Can't Say If Lost E-Mails Include Firings" and "Bush Administration Threatens Veto of Secret Prison Measure." Posted at 10:18 AM by Howard Bashman D.C. Circuit rejects challenge brought by Moms Against Mercury to remove tooth filling compound containing dental mercury from the marketplace until the Food and Drug Administration classifies the compound: You can access today's ruling, which dismisses the action for lack of subject matter jurisdiction, at this link. Posted at 10:13 AM by Howard Bashman Peremptory challenge of visually impaired jurors is not subject to heightened scrutiny under Batson, D.C. Circuit holds: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Posted at 10:07 AM by Howard Bashman "A Unified Theory of Scandal: The real roots of the U.S. attorney firings." Law Professor Jeffrey Rosen will have this essay (pass-through link) in the April 23, 2007 issue of The New Republic. The final paragraph of Rosen's essay begins, "The disrepute Gonzales has inflicted on the Justice Department stems from a heavy-handed embrace of the theory of the unitary executive." Posted at 08:55 AM by Howard Bashman "2 'high-value' Guantanamo detainees deny terrorism; One, the nephew of 9/11 mastermind Khalid Shaikh Mohammed, says he has been helping the U.S. foil terrorism and deserves leniency": This article appears today in The Los Angeles Times. The Washington Post reports today that "Nephew of 9/11 Mastermind Denies Involvement in the Attacks." And Carol Rosenberg of The Miami Herald reports that "Two detainees deny belonging to al Qaeda; Two alleged terrorists held at Guantanamo denied being al Qaeda members, according to censored transcripts of secret hearings made public by the Pentagon." "Court rules on death penalty, retardation; Even if a defendant's total IQ is normal, a deficiency in a particular area may be enough to bar execution, California justices say": Maura Dolan has this article today in The Los Angeles Times. And in The San Francisco Chronicle, Bob Egelko reports today that "Judges given leeway to assess mental function; Convicts could avoid the death penalty if found to be retarded." You can access yesterday's ruling of the Supreme Court of California at this link. "Duke outcome spurs hope in teen sex case: Lawyer wants new day in court." The Atlanta Journal-Constitution today contains an article that begins, "The attorney for Genarlow Wilson, who is serving 10 years in prison for having consensual sex as a teenager, said Thursday she will serve Georgia Attorney General Thurbert E. Baker with a legal motion to get Wilson another day in court. Attorney B.J. Bernstein said she hoped Baker would follow the lead of North Carolina Attorney General Roy Cooper who, on Wednesday, dropped charges against three Duke University Lacrosse players who had been accused of sexually assaulting a stripper at a party. That case had drawn national headlines, like the case of Wilson, who was convicted in April 2005 of having consensual sex with another teenager and given a 10-year prison sentence. He was 17 at the time, the girl was 15. He has served 27 months as Bernstein has sought to get a new trial." Posted at 08:27 AM by Howard Bashman "Early Verdict on Whitehouse Favorable": The Washington Post today contains an article that begins, "Sen. Sheldon Whitehouse (D-R.I.) was getting needled by his peers from the moment he walked into his first meeting of Judiciary Committee Democrats in early January." Posted at 08:24 AM by Howard Bashman "Rove E-Mail Sought by Congress May Be Missing; RNC Took Away His Access to Delete Files in 2005": This front page article appears today in The Washington Post. The Los Angeles Times reports today that "Controversy escalates over missing e-mails; GOP officials say they're still searching for messages related to investigations of the Bush administration; Democrats focus on Karl Rove's role." The Boston Globe reports that "Subpoenas vowed over 'lost' e-mails." The Washington Times reports that "Senator doubts Bush aides on e-mails." And The New York Sun contains an editorial entitled "Waiting for Gonzales." "Pittsburgh judge will remain on Wecht case": Jason Cato today has this article, in which I am quoted, in The Pittsburgh Tribune-Review. And The Pittsburgh Post-Gazette reports today that "U.S. appeals court rules judge may stay on Wecht case." My earlier coverage of yesterday's Third Circuit ruling appears at this link. "Accusers Recant, but Hopes Still Fade in Sing Sing": The New York Times contains this lengthy article today. Posted at 08:00 AM by Howard Bashman "State Supreme Court upholds Killen conviction; Klansman was found guilty of 3 1964 slayings": This article appears today in The Clarion-Ledger of Jackson, Mississippi. My earlier coverage of yesterday's ruling of the Supreme Court of Mississippi can be accessed here. "Judge To Review Lawyer Ads": Today in The New York Sun, Joseph Goldstein has an article that begins, "New state rules prohibiting certain attorney advertisements will face their first legal test Friday, when a federal judge in Syracuse hears oral arguments on whether the restrictions violate the First Amendment." And The Business Review of Albany, New York reports this week that "Lawsuit challenges attorney advertising rules." "A California Court Upholds Neighborhood-Based School Integration: A Possible Alternative If, As Many Expect, the Supreme Court Strikes Down More Conventional Race-Based Pupil Assignment." Vikram David Amar has this essay online today at FindLaw. My earlier coverage appears at this link. Posted at 07:33 AM by Howard Bashman  
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