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Wednesday, May 28, 2008 "George H. Ryan, Illinois ex-governor, is rebuffed by Supreme Court; The justices' refusal to hear an appeal of his corruption conviction means his 6 1/2-year prison sentence stands": David G. Savage has this article today in The Los Angeles Times. The New York Times reports today that "Ex-Governor, Now in Prison, Sees Case End." The Chicago Tribune contains an article headlined "Ryan's final appeal: White House; After Supreme Court rejects bid to hear case, only remaining option is commutation." And The Chicago Sun-Times contains an article headlined "Ryan's hope: Ex-Gov. Thompson to seek presidential commutation for former governor." "State Supreme Court reprimands Ziegler in unprecedented ruling": The Capital Times of Madison, Wisconsin provides a news update that begins, "The Wisconsin Supreme Court reprimanded its newest sitting justice for conflicts of interest during cases she presided over while a circuit judge in Washington County, marking the first time the court issued a decision disciplining one its own." The Wisconsin State Journal provides a news update headlined "Supreme court's newest member reprimanded over conflicts of interest." And The Milwaukee Journal Sentinel provides a news update headlined "Supreme Court reprimands Ziegler." You can access at this link today's ruling of the Supreme Court of Wisconsin. "New York to Back Same-Sex Unions From Elsewhere": This article will appear Thursday in The New York Times. Posted at 10:48 PM by Howard Bashman "Fed appeals court nixes party registration, voter ID ruling": The AP provides an article that begins, "The 5th U.S. Circuit Court of Appeals on Wednesday overturned a ruling that would have forced Mississippians to register by political party and to show photo identification at the polls to be able to vote." You can access today's Fifth Circuit ruling at this link. "Appeals court revives lawsuit against Halliburton": The Associated Press provides a report that begins, "A federal appeals court on Wednesday revived lawsuits against military contractors over a deadly ambush that killed civilian truck drivers in Iraq. The suits filed by truckers and their families accuse Halliburton and a former subsidiary, KBR Inc., of knowingly sending a convoy into a dangerous area where six KBR drivers were killed and several others wounded on April 9, 2004. A federal judge in Houston threw out the lawsuits in September 2006, saying the judiciary can't second-guess the military's battlefield decisions. But the 5th U.S. Circuit Court of Appeals in New Orleans reversed that judge's ruling on Wednesday and sent the three cases back to the lower court for further proceedings." You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. "No verdict in first day of Fieger deliberations": David Ashenfelter of The Detroit Free Press has this news update. Posted at 10:22 PM by Howard Bashman "State high court may give gays another victory; Justices are apparently leaning toward forbidding doctors from denying treatment based on their religious views; Such a ruling would follow the justices' decision to grant same-sex marriages": Maura Dolan of The Los Angeles Times has this news update. Greg Moran of The San Diego Union-Tribune has a news update headlined "High court mulls role of religious beliefs in discrimination claim." And Howard Mintz of The San Jose Mercury News has an update headlined "Lesbian couple denied infertility treatment take case to California Supreme Court." "Same-sex marriages can start June 17": The San Francisco Chronicle provides a news update that begins, "California counties can begin issuing marriage licenses to same-sex couples on June 17, the state's Office of Vital Records determined today. That is a day later than many county officials had assumed and some same-sex couples had booked time slots for weddings on June 16. The decision to issue licenses starting June 17 allows the state Supreme Court the maximum time to consider any challenge to its ruling before it takes effect, according to a letter sent today to county clerks by the Office of Vital Records." And The Associated Press provides a report headlined "State: Gay marriage to begin June 17 in California." "This appeal forces us to choose sides in an emergent circuit split regarding the interpretation of the phrase 'responsibility to engage in fire suppression' as used in * * * the Fair Labor Standards Act": A three-judge panel of the U.S. Court of Appeals for the Third Circuit has today divided 2-1 over whether "paramedics employed by the City of Philadelphia Fire Department have 'legal authority and responsibility' for fire suppression activities within the meaning of the Fair Labor Standards Act" so as to make them exempt from being entitled to receive time-and-a-half pay for working overtime. A Philadelphia-based federal district judge had ruled, in the decision under review, that the paramedics were not entitled to receive overtime pay. Today's majority disagrees, holding that "the plaintiff-appellants in the instant case are not firefighters at all, but are single function paramedics who happen to be employed by a fire department" and thus remain entitled to overtime pay under the FLSA. You can access today's ruling at this link. Interestingly, today's three-judge panel consists of the Third Circuit's longest-serving active judge (an appointee of President Carter) and two of the Third Circuit's newest judges (both appointees of President George W. Bush). It is the Third Circuit's newest judge who is the author of today's dissent. "Prosecutors: Alleged terrorist shouldn't get news." The Associated Press provides a report that begins, "The staff guarding a suspected terrorist could be in danger if he is allowed to watch television news about the wars in Iraq and Afghanistan, prosecutors said. Ali al-Marri, a legal resident alien from Qatar, is the only enemy combatant held on U.S. soil. He was arrested in 2001 and has been held in solitary detention at a U.S. Navy brig near Charleston for nearly five years." Posted at 12:45 PM by Howard Bashman View live today's California Supreme Court oral argument on a doctor's religious objection to lesbian artificial insemination: By clicking here (Windows Media Player required), you can view the oral argument live, online. Posted at 12:05 PM by Howard Bashman "Don't believe Fieger, jury told; Defense counters that U.S. is out to get him": Today in The Detroit Free Press, David Ashenfelter has an article that begins, "A federal court jury is expected this morning to start deciding the fate of controversial Southfield criminal lawyer Geoffrey Fieger and law partner Vernon (Ven) Johnson. U.S. District Judge Paul Borman is instruct the jury on the law at 10 a.m. before sending jurors into a room to decide whether the men broke the law when they recruited 64 people to contribute a total of $127,000 to John Edwards' 2004 presidential campaign and reimbursed them with law firm funds. In court Tuesday, prosecutors and defense lawyers spent five hours trying to bring jurors around to their point of view." And The Associated Press reports that "Judge to give jury instructions in Geoffrey Fieger campaign finance trial in Detroit." "Michigan House bans partial birth abortion; Bill to end partial birth practice now goes to Granholm's desk, where it is likely to be vetoed": This article appears today in The Detroit News. And The Associated Press reports that "Michigan House votes to ban partial birth abortions." Emily Litella was pleased to learn that thespians were largely unaffected by these physicians' refusal to perform artificial insemination: The North County Times today contains an article headlined "State's high court to hear local case of civil rights clash" that begins, "Can doctors cite religious beliefs in refusing to provide a nonemergency treatment to gays and lesbians? The question, which stems from a North County case that some say pits religious freedoms against protection from discrimination, is at issue Wednesday as California's highest court hears arguments from both sides. Some argue that the case, a clash of civil rights, has landmark potential that could reverberate throughout the state. The hearing comes just two weeks after the same court split 4-3 in favor of legalizing gay marriage. The question before the court is whether a doctor has a constitutional right to cite religious grounds in refusing to perform a medical procedure because of the patient's sexual orientation, or whether state law precludes such discrimination." And ABC News provides a report headlined "Doctors Deny Lesbian Artificial Insemination; 'You Can't Opt Out of the Law Because of Your Religious Beliefs,' Says Lambda." The Supreme Court of California is scheduled to hear oral argument in the case today, and the California Channel plans to televise the oral argument and make it available online via this link (Windows Media Player required), beginning at noon eastern time, 9 a.m. pacific time. The Second Circuit hears oral argument on The Associated Press's request to obtain the identities of hundreds of Guantanamo Bay detainees: By clicking here (RealPlayer required), you can view the May 17, 2008 broadcast of C-SPAN's "America and the Courts" program. After the Second Circuit's oral argument concludes, you can watch Tom Goldstein speak for approximately thirty minutes about building an appellate practice. Posted at 09:30 AM by Howard Bashman "Supreme Court gives workers protection from retaliation; The justices rule that employees who say they were punished for complaining of bias can sue for damages": David G. Savage has this article today in The Los Angeles Times. Today in USA Today, Joan Biskupic reports that "High court's rulings on bias protect workers, respect past." law.com's Tony Mauro reports that "High Court OKs Suits Against Retaliation Over Workplace Claims." On yesterday evening's broadcast of NPR's "All Things Considered." Nina Totenberg had an audio segment entitled "High Court Holds Steady on Bias Cases" (RealPlayer required). And yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained this report featuring Marcia Coyle (RealPlayer required) about the rulings. "Please, Is This $1 or $100? A federal appeals court has ruled, properly, that American currency discriminates against the blind because the bills are too hard to tell apart." This editorial appears today in The New York Times. Posted at 09:07 AM by Howard Bashman "Judge Gives Terror Victims a Victory Over Iran; Rules in Case Involving Artifacts Held by Chicago Museums": Josh Gerstein has this article today in The New York Sun. Posted at 08:55 AM by Howard Bashman "'9/11 hero' takes over prison camp; A Navy officer who entered the burning Pentagon on Sept. 11 to save lives has been named head of the complex that houses terror suspects": Carol Rosenberg has this article today in The Miami Herald. Posted at 08:44 AM by Howard Bashman "GE Suffers a Redaction Disaster; General Electric's sensitive information easy to access behind black veil": law.com provides a report that begins, "Lawyers involved in the class action sex discrimination case against Fairfield, Conn.-based General Electric in 2007 would rather you not read passages from various filings. After all, the plaintiffs' firm, Sanford, Wittels & Heisler in Washington, D.C., took the time and effort to black out reams of pages in numerous briefs to make them inaccessible to the public -- or so they thought." Posted at 08:40 AM by Howard Bashman "Hearsay, the Sixth Amendment, and Framers' Intent: The U.S. Supreme Court Hears Argument in Giles v. California." Sherry F. Colb has this essay online today at FindLaw. Posted at 08:35 AM by Howard Bashman "Justice In A Time Of Terror: Despite Past Failures In Legal War On Terror, It's Not Too Late To Get Things Right." CBS News legal analyst Andrew Cohen has this CourtWatch column. Posted at 08:30 AM by Howard Bashman "Tenn. man on death row despite high court ruling": The Associated Press provides a report that begins, "Multiple sclerosis has Paul House in a wheelchair. A tenacious prosecutor has him on death row, deemed too dangerous to be released two years after the U.S. Supreme Court said he likely isn't guilty. That closely watched ruling, which made it easier for inmates to get new hearings on DNA evidence that emerges after their trials, and the fallout from it have left House in limbo while a prosecutor methodically battles every effort from the courts to have him retried." Posted at 08:27 AM by Howard Bashman  
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