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Thursday, June 5, 2008 "KSM in Gitmo: A view of the 'Mastermind.'" Jan Crawford Greenburg has this post at her "Legalities" blog. Posted at 05:08 PM by Howard Bashman "Tabloid Constitutionalism: How a Bill Doesn't Become a Law." Law Professor Brian C. Kalt has posted this article (abstract with links for download) online at SSRN (via "Legal Theory Blog"). The article's abstract begins, "What does it take to get Congress to pass a law? To get a judge to declare a statute unconstitutional? To get your law-review article featured in the National Enquirer? Based on one data point, at least, I can say that two of those three things are difficult. This piece is a follow-up to my 2005 Georgetown Law Journal article, The Perfect Crime. Back then, I argued that there is a fifty-square-mile swath of Idaho - a so-called zone of death - where one can commit crimes with impunity." "Appeals court says apartment owner can sue Jupiter": The Associated Press provides a report that begins, "The federal appeals court in Atlanta says a landlord can sue the city of Jupiter, Fla., for alleged discrimination against Hispanic immigrant tenants through overly aggressive enforcement of the building code." You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. "Court upholds NY judge's removal for jailing 46": The Associated Press provides a report that begins, "New York's top court has upheld the removal of a Niagara Falls city court judge who jailed 46 people after no one would own up to a cell phone that rang in court." You can access today's ruling of the New York State Court of Appeals at this link. "Alleged 9/11 Mastermind Seeks Death Penalty, Martyrdom; Khalid Sheik Mohammed, 4 Others Arraigned in Military Courtroom at Guantanamo": The Washington Post provides this news update. Carol Rosenberg of The Miami Herald has a news update headlined "9/11 mastermind suspect: I want death." Carol J. Williams of The Los Angeles Times has a news update headlined "Alleged 9/11 mastermind asks for death sentence; Khalid Shaikh Mohammed criticizes the proceedings at Guantanamo as 'an inquisition' and says he wants to be a martyr; He and four others are accused of murder in the 2001 terrorist attacks." The New York Times has a news update headlined "Guantanamo Hearing Starting for 9/11 Suspects." Jan Crawford Greenburg and Dennis Powell of ABC News have a report headlined "'I Wish to Be Martyred': KSM Arraigned; Accused Sept. 11 Plotter Khalid Sheikh Mohammed Appears in Court." James Rowley of Bloomberg News reports that "Sept. 11 'Architect' Will Defend Himself at Guantanamo Tribunal." And The Associated Press provides reports headlined "Accused 9/11 mastermind wants death sentence" and "Alleged 9/11 plotter says artist made nose too big." "Those scarred by 9/11 families hope trials bring justice -- and peace; Alleged 9/11 mastermind Khalid Sheik Mohammed and four others are set to be arraigned Thursday": Carol Rosenberg has this article today in The Miami Herald. Posted at 07:40 AM by Howard Bashman "Take Me Out© to the Ballgame®: The biggest fantasy was Major League Baseball's claim that its fans should pay to talk about fantasy baseball." The New York Times contains this editorial today. Posted at 07:38 AM by Howard Bashman "'Cuban 5' fail in appeal of spy case; An appellate court in Atlanta ruled that the 2001 espionage convictions of five Cuban men must stand, but three of their sentences must be reconsidered": This article appears today in The Miami Herald. The Associated Press reports that "Court rules on sentences of 'Cuban 5.'" And Reuters reports that "U.S. court upholds conviction of Cuban spies." Circuit Judge William H. Pryor, Jr. issued a lengthy opinion for the majority on a partially-divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit. Circuit Judge Stanley F. Birch, Jr. concurred in the majority opinion but issued a separate opinion restating his earlier view, in dissent from an earlier en banc ruling in the case, that the defendants' motion for change of venue should have been granted. According to Judge Birch, "Given the technological advances and 24-hour news cycle that have become prevalent in our nation since 1984, I respectfully suggest that this case provides a timely and appropriate opportunity for the Court to address the issue of change of venue in this internet and media permeated century." "Jurors in Max Hardcore porn trial seek clarification": The St. Petersburg Times today contains an article that begins, "Jurors deliberating in the obscenity trial of a Hollywood pornographer sought Wednesday to clarify the meanings of words and phrases in their instructions, including 'morbid and degraded,' 'unhealthy interest in sex,' and 'candid interest in sex.'" And The Tampa Tribune reports today that "Defense Attorney Calls Porn Videos 'Political Expression.'" "Does the Constitution Permit Government to Favor Religion over Nonreligion? Justice Scalia Says Yes." Michael C. Dorf has this essay online today at FindLaw. Posted at 07:15 AM by Howard Bashman Failure to impose any sentence of imprisonment on man convicted of possessing child pornography survives deferential appellate review, Fifth Circuit holds: The U.S. Sentencing Guidelines had indicated a sentence of imprisonment of 46 to 57 months. You can access yesterday's Fifth Circuit ruling at this link. Posted at 07:12 AM by Howard Bashman Greetings from Farmington, Pa.: I arrived at the Nemacolin Woodlands Resort -- where the D.C. Circuit Judicial Conference is taking place this week -- very early this morning. I'm pleased to report that the palatial room in which I am staying appears to have very good wireless internet service. My panel is first on the agenda today, so I'll be offline between breakfast and lunch. According to the conference schedule (linked above), Chief Justice John G. Roberts, Jr. will be speaking tonight and before lunch tomorrow, while Justice Antonin Scalia will be one of tomorrow morning's panelists.  
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