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Thursday, June 01, 2006 "Decision near on U.S. judge": An article published yesterday in The Grand Rapids Press reports that Michigan's Democratic U.S. Senators have "reached an agreement with the White House to end a four-year standoff on judicial nominations" and that "[t]wo openings on the 6th Circuit Court of Appeals would be filled as part of the deal, too." Posted at 05:35 PM by Howard Bashman "Bush to Back Gay Marriage Ban Amendment": The AP provides this report. Posted at 05:04 PM by Howard Bashman "President Celebrates Judge's Swearing-In": The Associated Press provides this report. And The White House has issued a news release entitled "President Attends Swearing-In Ceremony for Brett Kavanaugh to the U.S. Court of Appeals for the District of Columbia." "Anna Nicole Smith: 'Yes, I Am Pregnant.'" The Associated Press provides this report. The news report does not suggest that the father-to-be works at the U.S. Supreme Court. Posted at 03:35 PM by Howard Bashman Go shorty, it's your birthday: "The TTABlog" provides a post titled "CAFC Refuses Rehearing Requests in Lawman Armor Design Patent Appeal." "Patently-O: Patent Law Blog" provides a post titled "CAFC 'Clarifies' Design Patent Jurisprudence but Denies Rehearing En Banc." And the "Shape Blog" offers a post titled "CAFC Denies Rehearing Requests in Lawman Armor Design Patent Appeal" (along with a completely unrelated post titled "U.S. Patent 6,434,757 - Female Standing Urination Cone," replete with animated video). My earlier coverage of the Federal Circuit's orders (available here and here) issued yesterday can be accessed at this link. Do plaintiffs, who are neither incarcerated nor on parole, have their votes "diluted" because of New York's apportionment process, which counts incarcerated prisoners as residents of the communities in which they are incarcerated, and has the alleged effect of increasing upstate New York regions' populations at the expense of New York City's? Today, the en banc U.S. Court of Appeals for the Second Circuit issued a follow-up opinion clarifying that the question found in the title of this post remains open for consideration on remand from that court's recent en banc decision holding that the federal Voting Rights Act does not apply to New York's prisoner disenfranchisement law. My initial coverage of that earlier ruling can be accessed here. Posted at 03:14 PM by Howard Bashman "Interesting Post-Kelo Public Use Case": At "The Volokh Conspiracy," Ilya Somin has this post concerning an appeal now pending before the U.S. Court of Appeals for the Fifth Circuit. Posted at 01:50 PM by Howard Bashman "Muhammad gets 6 consecutive life terms; Penalty seen as insurance in event Virginia death sentence is overturned": The Baltimore Sun provides this news update. And The Washington Post provides a news update headlined "Muhammad Gets 6 Life Terms in Md." "In order to be protected by the [Stored Communications Act], an Internet website must be configured in some way so as to limit ready access by the general public." A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this interesting decision today. Update: At OrinKerr.com, Orin Kerr offers these thoughts on the ruling. "Muhammad Gets 6 Life Terms in Md. Trial": The Associated Press provides this report. And The Baltimore Sun today contains an article headlined "A glimpse into the thinking of sniper jury: Panel member calls deliberations quick, methodical." "This novel case concerns whether the district court properly admitted into evidence The Birth of a Criminal, a published book by defendant Asante Kahari that describes the exact counterfeit-check scheme for which Kahari was found guilty." So begins an opinion that the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 09:50 AM by Howard Bashman "Gideon's Silence: Whatever happened to the right to counsel?" Law Professor Alexandra Natapoff has this jurisprudence essay online at Slate. Posted at 09:32 AM by Howard Bashman "Motion to stop BALCO subpoenas; Chronicle tries to keep reporters from revealing sources": This article appears today in The San Francisco Chronicle. The newspaper has also posted online its motion and supporting brief, along with hundreds of pages of related affidavits. And in other coverage, today in The New York Sun, Josh Gerstein has an article headlined "Former Official Scores Justice Department Tactics." "Blawgs on a Roll: Legal reporting is sometimes decried as boring and inaccurate; But a band of savvy law professors have changed all that." Dahlia Lithwick has this essay in the June 2006 issue of The American Lawyer. Posted at 09:10 AM by Howard Bashman "New York Court Hears Gay Marriage Arguments": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:08 AM by Howard Bashman "R.I. to revisit felons' voting rights; Could 'send message' to other states": USA Today contains this article today. Posted at 07:28 AM by Howard Bashman "High Court Decision Could Hurt Misconduct Probes, Lawyer Says; L.A. County prosecutor at center of ruling limiting whistle-blower rights believes there may now be a disincentive to reporting corruption": This article appears today in The Los Angeles Times. Posted at 07:24 AM by Howard Bashman "First Amendment Sometimes Left at Workplace Door": Columnist Stephen Barr has this essay today in The Washington Post. Posted at 07:18 AM by Howard Bashman "Group Aims to Unveil Ten Commandments; Tablets Under Wraps Near Supreme Court": The Washington Post today contains an article that begins, "A D.C.-based evangelical Christian group has a new idea for promoting the Ten Commandments: putting a monument to the stone tablets across the street from the U.S. Supreme Court." Posted at 07:15 AM by Howard Bashman "Marriage debate enters state's highest court; Passionate arguments made in gay-rights case; decision expected in month": This article appears today in The Times Union of Albany, New York. The New York Times reports today that "Highest Court in New York Confronts Gay Marriage." And The New York Sun reports that "Legislature Is Key On Gay Rites Law, Judges Suggests." Meanwhile, in commentary, USA Today contains an editorial entitled "Just say 'I don't': Senators, eyeing elections, will debate unnecessary ban on same-sex couples," while U.S. Senator Wayne Allard (R-CO) has an op-ed entitled "Protect traditional marriage: Constitutional amendment would protect union between man, woman." "House passes abortion bill with no rape, incest exception; Measure punishes doctor, not mother": The Times-Picayune of New Orleans contains this article today. And The Advocate of Baton Rouge reports today that "House endorses abortion bill; Near-total ban makes exception only in mother’s health." "Glass Artists Face Off in Court": This article appears today in The New York Times. According to the article, "In a 2003 copyright case involving glass art, the United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled against an artist who said another artist had used his design of jellyfish encased in glass. The two designs looked similar, but the court said no one could copyright nature." My coverage of that ruling can be accessed here. "A Tribute to Judge Edward R. Becker (1933 - 2006)": Marci Hamilton has this essay online today at FindLaw. Posted at 06:44 AM by Howard Bashman  
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