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Monday, April 16, 2007 "Ex-Aide Says Gonzales Discussed Firings": This article will appear Tuesday in The New York Times. And Tuesday's edition of The Washington Post will report that "Senate Delays Gonzales Testimony on Firings; After Slayings at College, Judiciary Panel Moves Session on Prosecutors to Thursday." Available online from law.com: An article reports that "Calif. Justices Give Employees a Break on Wage Claims." In other news, "N.Y. Judicial Conduct Commission Throws the Book at Chairman-Author; Commission votes 'no confidence' in Raoul Felder due to statements in book co-authored with comedian Jackie Mason." My earlier coverage appears here. And an article reports that "Suit Over N.Y. Rules on Lawyer Advertising Goes to Trial." In Tuesday's edition of The Christian Science Monitor: An article is headlined "US attorney furor: no end in sight." And in other news, "Wild salmon win respite in US court; Federal judges threaten to breach dams if the government has no recovery plan." "Court won't consider libel law in 'Howling Pig' case": The Rocky Mountain News provides an update that begins, "A University of Northern Colorado student investigated for publishing a satirical online journal may be eligible for damages from the assistant district attorney who approved a search warrant for the student's Ault home, a federal appeals court ruled today. But the three-judge panel of the 10th Circuit Court of Appeals said it will not consider whether Colorado's criminal libel statute is unconstitutional because prosecutors announced shortly after searching his home that they would not file charges against Thomas Mink, author of the journal 'The Howling Pig.'" You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. My earlier coverage of this case appears at this link. Also available online is earlier coverage of the case from "The Volokh Conspiracy" and "InstaPundit." "What Next in the U.S. Attorneys Scandal? What to look for after Gonzales testifies." National Review Online posted this essay by Byron York early today. Posted at 08:15 PM by Howard Bashman "Consenting Adults: The next frontier in the legal battle over abortion is whether women need protection from themselves." Sarah Blustain has this essay online at The American Prospect. Posted at 08:10 PM by Howard Bashman "Supreme Court rejects appeal in racial-slur case": David G. Savage of The Los Angeles Times provides this news update. Posted at 08:04 PM by Howard Bashman Available online from National Public Radio: Today's broadcast of "Day to Day" contained audio segments entitled "Jury Selection Begins in Padilla Trial" and "U.S. Terrorism Cases: Beyond Jose Padilla." And this evening's broadcast of "All Things Considered" contained an audio segment entitled "Senate Panel Postpones Gonzales Appearance." RealPlayer is required to launch these audio segments. "Nifong ignores clues from DNA tests; The SBI tests are no help, so Mike Nifong turns to a private lab; The results there? 'He was not happy with it,' says his former campaign manager." This article -- part three in a five-part series, appears today in The News & Observer of Raleigh, North Carolina. Parts one and two remain available online. Posted at 07:50 PM by Howard Bashman Charlie Savage wins the Pulitzer Prize for National Reporting for his articles on Presidential signing statements: You can access the series of articles at this link. The New York Times provides this list of the "2007 Pulitzer Prizes for Journalism." Congrats, Charlie! Posted at 07:45 PM by Howard Bashman "Court Wrangles With Overtime Pay": The Associated Press provides this report. At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "The Footman Cometh." And at "PrawfsBlawg," Ethan Leib has a post titled "Oral Argument in Coke." "Standard for excluding jurors: Argument 4/17/07." Lyle Denniston provides this oral argument preview at "SCOTUSblog." Posted at 05:40 PM by Howard Bashman Access online the transcripts of today's U.S. Supreme Court oral arguments: The transcript in Long Island Care at Home, Ltd. v. Coke, No. 06-593, can be accessed here. And the transcript in Powerex Corp. v. Reliant Energy Services, Inc., No. 05-85, can be accessed here. The Associated Press is reporting: Now available online are articles headlined "Gonzales Hearing Postponed" and "Jury Selection Begins for Jose Padilla." Posted at 05:27 PM by Howard Bashman "This case strikes an unprecedented blow at the core of Fourth Amendment protections." So writes Circuit Judge Harry Pregerson, dissenting from the Ninth Circuit's denial of rehearing en banc today in Sanchez v. County of San Diego. Eight judges note their dissent from the denial of rehearing en banc. A total of seven judges joined in Judge Pregerson's dissent, while Circuit Judge Alex Kozinski notes that he dissents from the denial of rehearing en banc for the reasons explained in Circuit Judge Raymond C. Fisher's dissent from the original three-judge panel's ruling. My earlier coverage of the three-judge panel's ruling appears here, while The San Diego Union-Tribune's coverage of that ruling can be accessed here. By a vote of 2-1, the panel rejected a constitutional challenge to San Diego County's welfare eligibility program, requiring all welfare applicants to consent to a warrantless home visit as a condition of eligibility. "Padilla Judge: 9/11 OK for Trial Mention." The AP provides this report. Posted at 11:40 AM by Howard Bashman "Court Won't Review Inmate's Letter Case": The Associated Press provides this report. Posted at 10:58 AM by Howard Bashman "Poll: Most Say Politics Motivated U.S. Attorney Firings." The Washington Post provides this news update. The underlying data from the Washington Post-ABC News poll can be accessed here. Posted at 10:55 AM by Howard Bashman "Conservatives to Bush: Fire Gonzales." Time magazine has posted this report today at its web site. Posted at 10:20 AM by Howard Bashman California Supreme Court set to rule today on procedure for certifying class action cases: California's highest court has announced that it plans to issue a decision today in Fireside Bank v. Superior Court of Santa Clara County (Sandra Gonzalez, Real Party). The case presents the following question: May a trial court ever depart from the preferred practice of deciding whether to certify a class action before adjudicating any class claims on the merits, or is the rule against such "one-way intervention" in class actions a firm prohibition applicable in all circumstances?The decision of the California Court of Appeal in the case can be accessed here (Microsoft Word document). The blog "The UCL Practitioner" has previously covered the case in posts that you can access here and here. Today's ruling is scheduled to issue at 1 p.m. eastern time and will be available via this link. Update: You can access today's ruling at this link. "Court grants no new cases": Lyle Denniston provides this report on today's U.S. Supreme Court Order List at "SCOTUSblog." Posted at 10:05 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Gonzales Set to Defend Firing of Prosecutors"; "Long, Winding Road Led to Padilla Trial"; "Gay-Marriage Advocates Switch Tactics"; and "Judicial Crisis Imperils Pakistan's Musharraf" (RealPlayer required). Posted at 09:48 AM by Howard Bashman "The Pace of the Court's Decisionmaking": Tom Goldstein has this post at "SCOTUSblog." Posted at 08:57 AM by Howard Bashman "Overtime case may change pay rules for home care workers": The Chicago Tribune today contains an article that begins, "The U.S. Supreme Court today will hear a case that could affect hundreds of thousands of home care workers and their elderly and disabled clients." Posted at 07:45 AM by Howard Bashman "The N-Word and a Plaintiff's Right to His Day in Court": You can access at this link today's installment of my weekly "On Appeal" column for law.com. Posted at 06:48 AM by Howard Bashman "Gonzales offers prosecutors apology ahead of testimony; Attorney general still defends firings of U.S. attorneys": This article appears today in USA Today. And The Wall Street Journal reports today that "Gonzales Deputy, in Crossfire, Looks for Quiet Exit; McNulty Seeks Job In Private Sector; Scrutiny Intensifies" (free access). "When a Judge Offers an Opinion Away From the Bench": Today in The New York Times, the brand new installment of Adam Liptak's "Sidebar" column (TimesSelect temporary pass-through link) begins, "Judge Wendell L. Griffen sits on the state appeals court here, and he likes to give a lively speech now and then. That may cost him his job." Posted at 06:40 AM by Howard Bashman Online today at FindLaw: Julie Hilden has an essay entitled "A Student Who Posted Profanities About Her School Principal on MySpace Wins Before The Indiana Court of Appeals: Why the State Constitution Protected Her, And How She Would Have Fared Under The First Amendment." And Jonna M. Spilbor has an essay entitled "Closing The Door On the Duke Lacrosse Rape Claims: Why the Accuser Should Be Prosecuted, and The State Should Revamp the Way It Handles False Crime Reports." "Overheated: The Court's EPA ruling won't clean up our air." Benjamin Wittes has this essay online today at The New Republic. Posted at 06:30 AM by Howard Bashman  
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