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Wednesday, June 13, 2007 Available online from law.com: An article reports that "2nd Circuit Upholds Congress' Power to Pass Anti-Bootlegging Law." My earlier coverage of today's Second Circuit ruling appears at this link. And in news from Georgia, "Contrasting Cases Show Murkiness of Sex Law; Genarlow Wilson's win made the news, but another teen sex case looms." "Judge Sues Cleaners for $54 Million for Lost Pants": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 11:05 PM by Howard Bashman "Justice Dept. Reshapes Its Civil Rights Mission": In Thursday's edition of The New York Times, Neil A. Lewis will have an article that begins, "In recent years, the Bush administration has recast the federal government's role in civil rights by aggressively pursuing religion-oriented cases while significantly diminishing its involvement in the traditional area of race." In addition, the newspaper will contain an article headlined "2 Committees Subpoena Ex-Officials on Dismissals." The Washington Post on Thursday will contain a front page article headlined "2 Former Aides to Bush Get Subpoenas; Miers, Taylor Had Roles in Firings Of U.S. Attorneys." The Los Angeles Times provides a news update headlined "Former White House officials subpoenaed in U.S. attorney inquiry; Harriet Miers and Sara Taylor both called to testify next month." McClatchy Newspapers provides reports headlined "White House subpoenas ratchet up confrontation with Congress" and "Ex-Justice Dept. lawyer can't recall his role in controversial policies." And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Ex-Bush Aides Subpoenaed in Fired-Attorney Inquiry" (RealPlayer required). The Associated Press is reporting: Now available online are articles headlined "Alito Offers Support for Speech Rights"; "Horse Slaughterhouse Fights to Stay Open"; "Pants Plaintiff: Customer Always Right"; and "Mass. Lobbyists Prep for Marriage Vote." Posted at 10:00 PM by Howard Bashman In today's edition of The Christian Science Monitor: Warren Richey reports that "Detainee ruling rejects Bush terror-war tactic; An appeals court said Monday it retains jurisdiction to decide military-custody issue." And an article is headlined "Beyond Gonzales: Scrutiny in US attorneys case may shift to Bush staff; The White House could become the new target in the controversy surrounding the dismissal of federal prosecutors." On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Supreme Court: Remaining Cases" (featuring Dahlia Lithwick) and "Thurgood Marshall's Historic Appointment." RealPlayer is required to launch these audio segments. Posted at 05:37 PM by Howard Bashman "Muslim Phila. Police Officer Loses Suit Over Head Scarf": Shannon P. Duffy of The Legal Intelligencer has a news update (free access) that begins, "A Muslim woman who works as a Philadelphia police officer is not entitled to wear a religious head scarf, a federal judge has ruled, because the department's policy that forbids religious garb is designed to maintain 'religious neutrality.'" I have posted online at this link yesterday's ruling of the U.S. District Court for the Eastern District of Pennsylvania. In the Sunday, June 17, 2007 issue of The New York Times: In the forthcoming issue of the Sunday Book Review, Orlando Patterson will have a review headlined "Thomas Agonistes" (TimesSelect temporary pass-through link) of the book "Supreme Discomfort: The Divided Soul of Clarence Thomas," by Kevin Merida and Michael Fletcher. And this forthcoming Sunday's issue of The New York Times Magazine will contain a cover story article headlined "Doctor or Drug Pusher." The article begins, "Ronald McIver is a prisoner in a medium-security federal compound in Butner, N.C. He is 63 years old, of medium height and overweight, with a white Santa Claus beard, white hair and a calm, direct and intelligent manner. He is serving 30 years for drug trafficking, and so will likely live there the rest of his life. McIver has not been convicted of drug trafficking in the classic sense. He is a doctor who for years treated patients suffering from chronic pain." "Court Opinion Becomes Cause for Congress; Democrats Rally Against Dismissal of Woman's Bias Claim": Lawrence Hurley has this article today in The Daily Journal of California. The Associated Press reports that "Ala. worker testifies to Congress on pay discrimination." And The Montgomery Advertiser today contains an editorial entitled "Supreme Court guts equal pay law." C-SPAN has posted the video of yesterday's hearing online at this link (RealPlayer required). "This case presents the question of whether sec. 201(c) of the Copyright Act accords a magazine publisher a privilege to produce a digital compilation that contains exact images of its past magazine issues." So begins an opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today. The Eleventh Circuit's earlier ruling in this case, from March 2001, can be accessed here. Wired News covered this case in articles headlined "Magazine Appeals for CD Archive" and "Mr. Tasini, Meet Mr. Greenberg." "Crisis of Confidence: The latest terror ruling suggests that the courts do pretty well in a crisis." Dahlia Lithwick has this jurisprudence essay online at Slate. Meanwhile, at National Review Online, you can access an editorial entitled "Courting the Enemy." And Andrew C. McCarthy has an essay entitled "Lawfare Strikes Again: The Fourth Circuit's combatant case heralds the return of September 10th." "N.J. Supreme Court sides with Gloucester County man in eminent domain case": The Philadelphia Inquirer provides a news update that begins, "In a decision that could make it harder for towns around the state to seize land, the New Jersey Supreme Court this morning sided with a Paulsboro landowner who had argued that the Gloucester County borough could not seize his land merely because it was vacant. The high court ruled that it is unconstitutional to seize land only because it is 'not fully productive' and could be better used. " You can access today's ruling of the Supreme Court of New Jersey at this link. "White House officials subpoenaed in U.S. attorneys probe": CNN.com provides this report. Bloomberg News reports that "Former White House Officials Miers, Taylor Subpoenaed." And The Associated Press provides a report headlined "Officials: Subpoenas for Bush Figures." U.S. Court of Appeals for the Second Circuit overturns federal district court ruling that struck down a 1994 federal law banning the sale of bootleg recordings of live music: You can access today's Second Circuit ruling in United States v. Martignon at this link. The federal district court decision that struck down the federal anti-bootleg law can be accessed here. In July 2005, Inside Counsel magazine published an article headlined "N.Y. Record Store Takes On Anti-Bootlegging Statute; Second Circuit To Rule On Constitutionality Of Law." law.com covered the federal district court's ruling in an article headlined "Anti-Bootlegging Statute Ruled Unconstitutional." The Associated Press reported that "N.Y. judge strikes down anti-bootleg law." And MTV News reported that "Judge Overturns 1994 Law Prohibiting Sale Of Bootlegs; However, ruling just applies to federal law: Bootlegging is still illegal under state laws." Finally, you can access at this link an amicus brief of thirty-one intellectual property and constitutional law professors urging affirmance of the federal district court's decision. "For Criticized Georgia AG, Law's the Law": The Associated Press provides a report that begins, "The angry protests that followed Thurbert Baker's refusal to release an inmate serving a 10-year sentence for a consensual sex act between teens was nothing new for Georgia's attorney general." Posted at 10:33 AM by Howard Bashman "Chronicle sues chief justice": The Kane County Chronicle today contains an article that begins, "The Kane County Chronicle filed a federal lawsuit Tuesday against the chief justice of the Illinois Supreme Court over a defamation verdict that the newspaper says it cannot fairly appeal." The Chicago Tribune reports today that "Newspaper sues judges over lost libel case." The Chicago Sun-Times reports that "Newspaper sues justice over $4 mil. libel case; Accuses him of violating its civil rights." And The Daily Herald of Arlington Heights, Illinois reports that "Newspaper sues state Supreme Court." I have posted online a copy of the newspaper's complaint initiating suit in federal court, and you can access it via this link. And my most relevant recent earlier coverage of this matter can be accessed here and here. The San Francisco Chronicle is reporting: Today's newspaper contains articles headlined "Jailhouse grub gets a bum rap; Paris snubs it, but inmate food must be nourishing, appealing" and "Gay military service out for all to see." Posted at 09:08 AM by Howard Bashman "You Are So F--ing Obscene: The president says it, you say it, your kids say it all the time; So what's the f--ing problem?" SF Gate columnist Mark Morford has this essay online today. Posted at 09:00 AM by Howard Bashman "Camera, legal action! The making of a kung fu flick on Guam turns into court battles on both sides of the sea." The Los Angeles Times contains this article today. Posted at 08:59 AM by Howard Bashman "Padilla jurors listen to wiretaps": This article appears today in The Washington Times. Posted at 08:57 AM by Howard Bashman "Step one: close Guantanamo; Shutting down the prison is a good way for Congress to start restoring American values and international standing." The Los Angeles Times contains this editorial today. Posted at 08:50 AM by Howard Bashman "Georgia will allow lethal execution; Killer to be put to death June 26; nine states have placed such executions on hold over constitutionality": This article appears today in The Atlanta Journal-Constitution. Posted at 08:45 AM by Howard Bashman "Wilson to stay in prison at least till July": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Genarlow Wilson will remain behind bars at least until next month, when a judge will decide whether he should be released from prison pending an appeal in his child molestation case. A bond hearing has been set for July 5 for Wilson, who was sentenced to 10 years in prison for receiving consensual oral sex in 2003 from a 15-year-old girl when he was 17." And Bloomberg News columnist Ann Woolner today has an essay entitled "When Teens Get Jailed for Sex, Justice Takes a Hit." "Nifong had doubts, witness says; An investigator in the Duke lacrosse case tells a State Bar proceeding the DA's private and public demeanor were at odds": This article appears today in The News & Observer of Raleigh, North Carolina. The Durham Herald-Sun today contains articles headlined "Officer testifies Nifong pressed case with inadequate evidence" and "DA backer ejected from court for alleged threats." The New York Times contains an article headlined "Ethics Hearing for Duke Prosecutor." The Los Angeles Times reports that "D.A. in Duke rape case testifies at ethics trial; The North Carolina bar accuses him of misleading the media, lying to judges and withholding evidence." And The Washington Post reports that "Prosecutor Opens Defense of Actions in Duke Case." "Judge Who Seeks Millions for Lost Pants Has His (Emotional) Day in Court": Today in The Washington Post, Metro columnist Marc Fisher has this essay. Posted at 08:30 AM by Howard Bashman "Bush Weighs In Against Investors In Fraud Case": This article appears today in The Washington Post. Posted at 08:27 AM by Howard Bashman "Bush Aides Helped Respond to Firings, E-Mails Show": The Washington Post today contains an article that begins, "Several high-ranking White House officials were closely involved in crafting a public response to the uproar over the firing of a group of U.S. attorneys, according to documents released late yesterday." In addition, columnist Harold Meyerson has an op-ed entitled "Stuff Happens at Justice." And The New York Times today contains an editorial entitled "Silence in the Senate" that begins, "The most remarkable thing about the debate on Attorney General Alberto Gonzales this week was what didn't happen." "Vote-Fraud Demagogues: Americans overwhelmingly support voter ID; Are they are all racists?" John Fund has this op-ed (free access) today in The Wall Street Journal. Posted at 08:04 AM by Howard Bashman "Terror War Legal Edifice Weakens; Courts Chip Away at Bush Administration Detainee Policies": Jess Bravin has this article (free access) today in The Wall Street Journal. Today in The New York Times, Adam Liptak has a news analysis headlined "The Line Between Civilian and Soldier." And The Washington Post contains an editorial entitled "Dealing With Mr. Marri: A court delivers another blow to the administration's untenable rules for suspected terrorists."  
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