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Wednesday, May 23, 2007 "Senators join on judgeship interviews": The Richmond Times-Dispatch today contains an article that begins, "Virginia's senators -- from opposing political parties -- are jointly interviewing candidates for two seats on the Richmond-based federal appeals court." Posted at 11:35 PM by Howard Bashman "Goodling Says She 'Crossed the Line'; Ex-Aide Criticizes Gonzales, Justice Officials While Admitting Bias in Hiring": This front page article will appear Thursday in The Washington Post. And The New York Times on Thursday will report that "Ex-Aide Admits Political Slant in Justice Role." "Big Law Firm Won't Face Criminal Charges in Tax Case": The New York Times on Thursday will contain an article that begins, "A ruling by a federal appeals court yesterday could jeopardize a criminal case against former employees of the accounting firm KPMG -- a case that has been cited by prosecutors as the showpiece of a broad investigation into the sale of questionable tax shelters that helped wealthy investors evade billions of dollars in taxes." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Available online at law.com: Marcia Coyle reports that "Federal Circuit Eyes Attorney-Client Privilege Waiver in Key Patent Case." Pamela A. MacLean has an article headlined "7th Circuit: Lawyer Can't Appeal Judge's Critique." And in other news, "N.J. Supreme Court: Dream-Refreshed Recall of Abuse Needs No Expert." Doe v. Kamehameha Schools may have settled, but Law Professor Michael Stokes Paulsen has more to say about the dispute giving rise to that case: You can access his very interesting post today at "Balkinization" by clicking here. Posted at 09:05 PM by Howard Bashman "Goodling Says Politics Was an Issue in Hiring": The Washington Post provides this news update. The newspaper has also posted online this transcript of today's hearing. The Los Angeles Times provides a news update headlined "In House testimony Goodling denies key role in U.S. attorney firings; She points to former Deputy Atty. Gen. Paul McNulty for possible wrongdoing." McClatchy Newspapers report that "Aide testifies that Gonzales discussed firings of U.S. attorneys." law.com reports that "Monica Goodling Admits to 'Crossing the Line'; Denies Major Role in Attorney Firings." The Associated Press provides a report headlined "Goodling: Gonzales Tried to Review Story." Bloomberg News reports that "Goodling Accuses Colleague of Misleading Congress." Reuters reports that "Former Gonzales aide admits 'crossing the line.'" This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Goodling Acknowledges Politicizing Staff Picks" (RealPlayer required). And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Former Gonzales Aide Denies Major Role in Attorney Firings" (transcript with link to audio). "New Supreme Court Rule Would Force Advocacy Groups to Reveal Membership Rolls": law.com's Tony Mauro provides this report. Posted at 05:23 PM by Howard Bashman "National Guardsman's Discrimination Case Dismissed, With Some Regret": Shannon P. Duffy of The Legal Intelligencer provides this news update (free access) reporting on a decision that the U.S. Court of Appeals for the Third Circuit issued yesterday. Posted at 04:52 PM by Howard Bashman "Abortion Foes Criticize One of Their Own": The Associated Press provides a report that begins, "Anti-abortion leaders are accusing one of their own, Focus on Family founder James Dobson, of misrepresenting a Supreme Court decision that upheld a ban on late-term abortions." Posted at 03:30 PM by Howard Bashman "Inquiry of Federal Prosecutor Firings Continues": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:25 PM by Howard Bashman Ninth Circuit denies rehearing en banc in Exxon Valdez punitive damages case: You can access today's order, and accompanying dissents, at this link. My earlier coverage of the divided three-judge panel's original ruling appears at this link. "Texas Horse Slaughter Plants Stay Shut": The AP provides a report that begins, "Two of the nation's three horse slaughter plants appear likely to remain closed after they were apparently denied reprieve by the state Legislature, then turned away by the U.S. Supreme Court." Earlier, The Houston Chronicle reported on Monday that "Texas lawmakers to weigh ban on horse slaughter; Legislature to weigh a repeal of 1949 state ban." "Goodling Denies Major Role in Firings": The Associated Press provides this report. Posted at 11:15 AM by Howard Bashman "Hill Panel to Question Justice Aide Goodling": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." The testimony of former Justice Department White House Liaison Monica Goodling before the House Judiciary Committee is scheduled to begin momentarily. You can access the committee's live webcast by clicking here (RealPlayer required).
"R.I. court to rule on same-sex marriage": The Providence Journal today contains an article that begins, "Faced with the question of how a lower court should proceed with a divorce case, the state Supreme Court has agreed to hear arguments about whether a same-sex marriage performed in Massachusetts should be recognized in Rhode Island." Posted at 10:05 AM by Howard Bashman "An Online Symposium on Televising the Supreme Court": "First Impressions," an online companion to the Michigan Law Review, offers this interesting online symposium. You can download the complete symposium in PDF format by clicking here. Posted at 09:04 AM by Howard Bashman "Lazar Incompetence Assertion Disavowed": Today in The New York Sun, Josh Gerstein has an article that begins, "A psychologist who testified that a defendant was not competent to stand trial in a federal criminal case against a leading class action law firm now says that assertion was mistaken. Prosecutors have argued that a finding of incompetence on the part of the defendant, Seymour Lazar, 79, would mean that he would be automatically placed in the custody of the attorney general for hospital care, an outcome his lawyers seem eager to avoid." Posted at 09:00 AM by Howard Bashman "Government shouldn't judge morality for us": Monday in The Miami Herald, columnist Leonard Pitts Jr. had an op-ed that begins, "Sherri Williams took sex toys to the Supreme Court last week. Again. The first time was in 2005, but justices declined to hear the case. Williams is hoping for better luck this time. Otherwise, a Valentine's Day ruling by the 11th U.S. Circuit Court of Appeals will stand and a ban on the purchase of sex toys in Alabama -- enacted in 1998 but not enforced pending the outcome of litigation -- will go into effect." Posted at 08:54 AM by Howard Bashman "The American Liberal Liberties Union: The ACLU is becoming very selective about what it considers 'free' speech." Today in The Wall Street Journal, Wendy Kaminer has an op-ed (free access) in which she writes, "One of the clearest indications of a retreat from defending all speech regardless of content is the ACLU's virtual silence in Harper v. Poway, an important federal case involving a high-school student's right to wear a T-shirt condemning homosexuality." Posted at 08:47 AM by Howard Bashman "Goodling: a Power player behind Justice's scenes; The former Justice insider, a mystery to many, is set to testify under immunity in Congress on the U.S. attorneys' firings." This article appears today in The Los Angeles Times. In addition, David C. Iglesias has an op-ed entitled "'Cowboy up,' Alberto Gonzales; A fired U.S. attorney calls on the attorney general to serve the people, not politics." The Washington Post reports today that "Officials Describe Interference by Former Gonzales Aide." And The Atlanta Journal-Constitution today contains an editorial headlined "When blind loyalty transcends duty: Evidence of partisan fervor likely to reveal Gonzales and others were expected to follow suit." Former Justice Department White House Liaison Monica Goodling is scheduled to testify today before the House Judiciary Committee. The hearing will get underway at 10:15 a.m. eastern time, and the committee will provide a live webcast that you can access by clicking here (RealPlayer required). "Guilty of Insufficient Overreaching": Today in The Washington Post, columnist Ruth Marcus has an op-ed that begins, "Patrick Philbin is an unlikely victim of the war on terror. In fact, he's one of its chief legal architects. Philbin's conservative bona fides are unimpeachable. Law clerk for federal appeals judge Laurence Silberman, the ideological godfather of scores of conservative lawyers, then for Supreme Court Justice Clarence Thomas." Posted at 08:30 AM by Howard Bashman "Murderer maintains defiant smile to end; Comer finally gets last wish in execution by lethal injection": This article appears today in The Arizona Republic, along with an article headlined "Reporter details killer's execution." And The Associated Press provides a report headlined "Murderer's last words: 'Go, Raiders.'" My most recent earlier coverage appears at this link. "Louisiana Court Backs Death in Child Rape": Adam Liptak has this article today in The New York Times. And The Times-Picayune of New Orleans reports today that "Death penalty in rape case upheld; Stepdad convicted of assaulting girl, 8." My earlier coverage of yesterday's ruling of the Supreme Court of Louisiana appears at this link. "Court hears prayer issue": The Associated Press provides a report that begins, "A federal appeals court in New Orleans is taking a second look at whether boards that run public school systems can open their meetings with a prayer, as Congress and state legislatures do -- and whether the prayer can mention Christ." Posted at 07:45 AM by Howard Bashman "Google Wins the Right to Display Thumbnails and to 'Frame' Copyrighted Material Used Without Permission: A Mostly Sensible Ruling by the Ninth Circuit Court of Appeals." Michael C. Dorf has this essay online today at FindLaw. Posted at 06:20 AM by Howard Bashman  
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