|
|
|
Thursday, April 24, 2008 "New guidelines cut sentences for 3,000 crack offenders": Lara Jakes Jordan of The Associated Press has a report that begins, "More than 3,000 crack cocaine convicts have had their prison sentences cut since the federal government eased harsh penalties for drug crimes overwhelmingly committed by blacks. A U.S. Sentencing Commission study released Thursday says it is not immediately clear how many offenders have actually been released from custody after having their sentences reduced." Posted at 05:20 PM by Howard Bashman "Scalia On Bush v. Gore: Get Over It! Supreme Court Justice Tells 60 Minutes It’s Nonsense To Say The Decision Was Politically Motivated." CBS News provides this report. You can view a related video segment by clicking here. And in related coverage, The Associated Press provides a report headlined "Scalia: I'm conservative, but not biased." This Sunday's broadcast of "60 Minutes" will feature Lesley Stahl's interview of Justice Antonin Scalia. "How is an immigration judge to sift honest, persecuted aliens from those who are feigning?" Chief Judge Frank H. Easterbrook today issued this quite interesting ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Posted at 03:55 PM by Howard Bashman "Court Rules Foreign Prisoners Can't Sue State": Joseph Goldstein of The New York Sun has a news update that begins, "Foreign nationals arrested in New York City but never not told of their right to communicate with their consulate can’t sue for money damages, a federal appeals court ruled this morning." My earlier coverage of today's Second Circuit ruling appears at this link. Former Illinois state prisoner has a blog, and -- thanks to a ruling that the Seventh Circuit issued today -- he now also has a viable RLUIPA claim against prison officials who refused to accommodate his request for a non-meat diet: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. In an entertaining concurring opinion that questions the value of the former prisoner's claim, Circuit Judge Terence T. Evans cites to the plaintiff's blog. "Court spares salmon-scarfing sea lions; A federal appeals court injunction issued Wednesday says Northwest states can trap, but not kill, the animals": The Oregonian today contains this article reporting on an order that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued late yesterday. Posted at 02:55 PM by Howard Bashman "Genentech Must Pay $300 Million Award, Court Rules": Bloomberg News provides a report that begins, "Genentech Inc., the world's second- largest biotechnology company, must pay $300 million to a nonprofit medical research center seeking royalty payments for genetically engineered human insulin, a California court ruled. The California Supreme Court in San Francisco today said the company didn't have to pay another $200 million in punitive damages to City of Hope National Medical Center." Reuters reports that "Court upholds $300 mln of award against Genentech." And The Associated Press reports that "Court cuts $200M from royalty judgment against Genentech." You can access today's ruling of the Supreme Court of California at this link. Earlier today, I previewed the ruling in a post you can access here. "Lawyer fears 9/11 mastermind trial will be 'insanity'": CNN.com provides a report that begins, "Prescott Prince is a small-town lawyer who has never taken a death penalty case to trial. Yet he finds himself involved in one of the biggest capital punishment cases this century: He's defending the alleged mastermind of the September 11, 2001, terror attacks, Khalid Sheikh Mohammed." And this past Sunday's edition of The Idaho Statesman contained an article headlined "9/11 trial will test Boise attorneys; Defense team members David Nevin and Scott McKay will be ‘making sure the government plays by the rules’ in the case of Khalid Sheikh Mohammed." Second Circuit holds that the United States' alleged violation of the obligation under Article 36 of the Vienna Convention to inform detained aliens of the prospect of consular notification and access cannot be vindicated by a private action for damages: You can access today's ruling at this link. Posted at 11:30 AM by Howard Bashman "Accused writer of threatening letters enters not guilty plea": The Associated Press provides a report that begins, "A man suspected of writing racially hateful letters to blacks, including U.S. Supreme Court Justice Clarence Thomas and New York Yankees shortstop Derek Jeter, pleaded not guilty in federal court Thursday." Posted at 11:04 AM by Howard Bashman Supreme Court of California to issue its ruling today in City of Hope Nat. Medical Center v. Genentech, Inc. At issue in the case: When an inventor or researcher entrusts a new idea or discovery to another under an arrangement providing for the other party to develop, patent, and commercially exploit the idea or discovery in return for royalties to be paid to the inventor or researcher, does a fiduciary relationship arise between the two parties, a breach of which may support tort, and in an appropriate case punitive, damages, or should the arrangement be treated like an ordinary contractual agreement, a breach of which supports only contract and not punitive damages?After California's highest court agreed to review the case in 2005, Bob Egelko of The San Francisco Chronicle had an article headlined "State's highest court steps in; Genentech dispute over royalties to be heard by justices." Some additional background on the case can be accessed here and here. Ironically, the law firm that employs the lawyers who write the "California Punitive Damages" blog represents the plaintiff seeking to uphold an award of $200 million in punitive damages in this case, showing just how difficult it is for a law firm to be anti-punitive damages all day, every day, without exception. "Republican Senators Block Pay Discrimination Measure": This article appears today in The New York Times. The Washington Post reports today that "Senate Republicans Block Pay Disparity Measure." The Los Angeles Times reports that "Democrats fall short on pay discrimination bill; They fail to overturn a threatened GOP filibuster in the Senate on legislation that would allow more time for employees to file lawsuits in such cases." And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Senate Debates Reversing High Court Pay Ruling" (RealPlayer required). "Bush lawyer tangles with judge over wiretaps; Attorney won't say if Congress can limit president's power": Bob Egelko has this article today in The San Francisco Chronicle. And The Associated Press reports that "U.S. Islamic group argues against warrantless wiretaps." "Caseload, Marital Problems Raised as Factors in Judge's Tirade Over Courtroom Cell Phone; Attorney: Judge's case is chance for N.Y. high court to address for the first time the issue of 'judicial burnout and stress.'" law.com provides this report. Yesterday's edition of The Buffalo News reported that "Niagara Falls judge fights to remain on bench; Restaino's attorney argues on his behalf before State Court of Appeals in Albany." And yesterday's edition of The Niagara Gazette contained an article headlined "Restaino: Awaiting final judgment; State Court of Appeals hears final plea to keep City Court judge on bench." "Court Hears Arguments on Burden of Proof in Age Suits": Linda Greenhouse has this article today in The New York Times. Posted at 09:35 AM by Howard Bashman "Would you believe?" The Associated Press reports that "Florida lawmakers debate offering a Christian license plate." And earlier this month, The Miami Herald reported that "Officials believe new tag should contain cross; Florida lawmakers may approve a new license that includes a cross and the words 'I Believe.'" In the current issue of The Harvard Law Record: The publication contains articles headlined "HLS Wins National Appellate Advocacy Competition" and "ATL's Lat Muses About Professional Responsibility." Posted at 09:15 AM by Howard Bashman "Parents of slain boy drop lawsuit against NAMBLA; Witness incompetent to testify, judge rules": Today's edition of The Boston Globe contains an article that begins, "The parents of Jeffrey Curley, the 10-year-old Cambridge boy raped and smothered by two men who lured him into a car, have dropped their federal lawsuit against a group that advocates sex between men and boys, which the parents contended had incited their son's 1997 murder." Posted at 09:00 AM by Howard Bashman Second Circuit allows New York City residents to remain fat and stupid, until at least next Tuesday: Today's edition of The New York Times contains an article headlined "City Order to List Calories Is Delayed for Appeal" that begins, "A federal appeals judge on Wednesday delayed the enforcement of new city rules requiring calorie counts to be posted alongside prices in some restaurants. The delay, ordered by Judge Robert A. Katzmann, is only until Tuesday, when he said a three-member panel of the Second Circuit Court of Appeals would hear oral arguments on continuing the delay. The rules had been scheduled to take effect on Saturday." Posted at 08:52 AM by Howard Bashman "States rushing to make room for DNA samples; Hiring, building booms precede expansion of genetic collections": This article appears today in USA Today. Posted at 08:47 AM by Howard Bashman "Five Decades of Fighting Over the Constitutionality of the Death Penalty: What Can We Learn from This Lengthy War?" Edward Lazarus has this essay online today at FindLaw. Posted at 08:40 AM by Howard Bashman "Appeals court hears debate on 'Be Happy, Not Gay' T-shirt": Earlier this month, The Daily Herald of Arlington Heights, Illinois published an article that begins, "A federal appeals court heard arguments from attorneys today that could determine whether a Neuqua Valley High School sophomore will be allowed to wear a previously banned anti-gay T-shirt at school. The expedited appeals hearing was requested because of Alexander Nuxoll's desire to wear a shirt bearing the message 'Be Happy, Not Gay' during April 28's National Day of Truth at his Naperville school. The Christian-based event follows the pro-gay National Day of Silence held this year April 25." Late yesterday, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued its decision (in typescript format) in the case. By a vote of 3-0, the panel enters a preliminary injunction allowing Nuxoll to wear the T-shirt. The majority, in an opinion by Circuit Judge Richard A. Posner in which Circuit Judge Michael S. Kanne has joined, views the issue of whether to grant a preliminary injunction as presenting a very close call. Circuit Judge Ilana Diamond Rovner, in an opinion concurring in the judgment, writes "I view this as a simple case." Judge Rovner's must-read opinion stands as a ringing endorsement of the First Amendment rights of young adults in a public school setting. Update: Mark Walsh has this post about yesterday's ruling at "The School Law Blog" of Education Week.  
|
|
|
||||||||||||||
