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Friday, June 24, 2005 "Specter Aims to Beat Cancer to Guide Judiciary Hearings": This lengthy article will appear Saturday in The Los Angeles Times. Posted at 11:15 PM by Howard Bashman "U.S. Court Backs Bush's Changes on Clean Air Act": Saturday's edition of The New York Times will contain this article. Posted at 11:12 PM by Howard Bashman Available online from law.com: An article reports that "Clarence Thomas to Speak at Ga. Justice's Swearing-in Ceremony." And Alan J. Haus has an essay entitled "Forget 'Grokster' -- Copyright Infringement Remains an 'At Your Own Risk' Activity." "Ashcroft Gone, Justice Statues Disrobe": The Associated Press provides this report. We bloggers did our best to ensure that attention never slipped away from this urgent matter. Posted at 10:50 PM by Howard Bashman Dahlia Lithwick is "Worrying About McAmerica": You can read her latest here at Slate. Posted at 09:10 PM by Howard Bashman "Lawmakers consider providing protections against eminent domain": The Associated Press provides this report from Connecticut. The Wall Street Journal Online offers "A Closer Look at Eminent Domain; What the High Court's Decision May Mean for Homeowners" (pass-through link). The Lincoln (Neb.) Journal Star reports that "Ruling sanctions property seizures." Religion News Service reports that "Experts Warn Houses of Worship at Risk After Court Ruling." The Daily Leader of Brookhaven, Mississippi reports that "Eminent domain ruling surprises area mayors." CNN/Money provides a report headlined "Eminent domain: A big-box bonanza? Court's ruling OKed land grab for business like Target, Home Depot, CostCo, Bed Bath & Beyond." Saturday's edition of The Milwaukee Journal Sentinel will contain an editorial entitled "A troubling court ruling." And Pfizer Inc today issued a press release entitled "Key Facts Regarding U.S. Supreme Court Hearing." "Marshals Service Director Resigns": The Associated Press provides a report that begins, "Under criticism over inadequate security for federal judges, the director of the U.S. Marshals Service announced his resignation Friday." The letter of resignation and the Attorney General's response can be accessed here. "To Confirm Their Judge, Republicans Abandoned Their Ideas": Jonathan Rauch has this essay online today at National Journal. Posted at 06:04 PM by Howard Bashman "Supreme Court upholds appeal in Exxon dealer case": The South Florida Business Journal provides this report. Posted at 06:00 PM by Howard Bashman "Justice Kennedy: Lawyers must defend judiciary from attacks." The Associated Press provides this report. Posted at 05:58 PM by Howard Bashman "An Important Sentencing Ruling from the California Supreme Court: Despite the U.S. Supreme Court's Recent Sentencing Upheaval, California's System is Held to Be Valid." FindLaw commentator Vikram David Amar has this essay today. Posted at 05:54 PM by Howard Bashman "Justice Janice Rogers Brown": Today at CNSNews.com, Larry Pratt has an essay that begins, "Oh, how the liberals love to hate this jurist." Posted at 05:38 PM by Howard Bashman "It's Time for a Tribute: Women voters are losing faith in the GOP; Could Bush win them back with an unexpected pick to lead the Supreme Court?" Eleanor Clift has this essay online this afternoon at Newsweek's web site. Posted at 05:33 PM by Howard Bashman Does a bartender terminated for refusing to wear makeup possess a valid claim for sex discrimination in violation of Title VII? On Wednesday, an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument in Jesperson v. Harrah's Operating Company. You can download the en banc oral argument audio (Windows Media format) by right-clicking on this link and saving the audio file to your computer. Posted at 05:00 PM by Howard Bashman "That the meaning of the United States Constitution depends on its interpretation by judges is so obvious that professions of shock at the idea are hard to take seriously." So writes Anthony Lewis in his review, published in the July 14, 2005 issue of The New York Review of Books, of Floyd Abrams's book "Speaking Freely: Trials of the First Amendment." Posted at 04:45 PM by Howard Bashman "Brownback committee reviews Roe v. Wade": The Wichita Eagle today contains this article reporting on a hearing (link to prepared statements of witnesses) that occurred yesterday before the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Property Rights. Posted at 04:42 PM by Howard Bashman "Giving Chutzpah New Meaning": Jon Wiener has this essay in the July 11, 2005 issue of The Nation. Posted at 04:40 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Jurors Mull Rare Vt. Death Penalty Case"; "Iowa Law Creates Buffer Zone for Molesters"; and "Lawyer in Assassination Plot in Catch 22." Posted at 03:40 PM by Howard Bashman U.S. District Judge refuses to take judicial notice of Jessica Simpson's hotness: "Class Maledictorian" and "Life, Law, Libido" both ask whether the U.S. District Court for the Central District of California has entered an injunction blocking the release of the new "Dukes of Hazzard" movie. See for yourself: I have posted the district court's order here and opinion here. The question of Jessica Simpson's hotness (referenced on page 24 of the district court's opinion), to the extent that it remains relevant, now appears to be pending on appeal before the U.S. Court of Appeals for the Ninth Circuit. Update: An update to the original post at L-Cubed now notes that the litigation has settled (details here, 11th item), making the question of Jessica Simpson's hotness moot from an Article III perspective. "The right court: George W. Bush's quest for conservative justice." At Macleans.ca, Luiza Ch. Savage has this essay. Posted at 02:45 PM by Howard Bashman "On the Eve of an Expected Supreme Court Vacancy": Ralph G. Neas, President of People For the American Way, has issued this press release today. Posted at 02:33 PM by Howard Bashman "Homeowners Lose Eminent Domain Case; Institute for Justice Warns: Supreme Court Leaves Homeowners Vulnerable To Tax-Hungry Bureaucrats & Land-Hungry Developers." The Institute for Justice, which has been involved in the New London eminent domain case from the beginning, issued this press release yesterday and is promoting its Castle Coalition web site in response to yesterday's ruling. Posted at 02:28 PM by Howard Bashman "Supreme Court Retirements Unpredictable": Gina Holland of The Associated Press provides this report. And Reuters reports that "Interest groups gear up for Supreme Court fight." "White House starts search for new justice": This article appears today in The Washington Times. Posted at 01:15 PM by Howard Bashman "Appeals Court Sides With EPA on Plants": The Associated Press provides this report. Posted at 01:12 PM by Howard Bashman "High court upholds eminent domain; Private homes, businesses can be seized as part of economic revitalization; Cities are handed broad powers": Gail Gibson has this article today in The Baltimore Sun, which also contains a related article headlined "Acquisitions fueled a rebirth." The Chicago Tribune reports today that "Ruling on property rights makes owners vulnerable." The San Diego Union-Tribune reports that "Developers score in court; 'Public use' can be financial as eminent domain evolves." The Toronto Globe and Mail reports that "U.S. property laws starting to resemble Canada's, experts say." The Des Moines Register reports that "D.M. projects unfazed by U.S. justices' ruling; The Supreme Court backs a law, like Iowa's, that lets officials take land for redevelopment," while a related editorial is entitled "Court rightly preserves key redevelopment tool; It's OK to take private property for economic renewal." The Honolulu Star-Bulletin reports that "Hawaii leads way to ruling on property seizure; A Supreme Court decision on the taking of property will not affect the state." The Arizona Republic contains articles headlined "Private property ruling stirs concerns; Justices widen cities' power to seize land" and "Court boosts city's leverage; Downtown sites could be condemned." The Arizona Daily Star reports that "Arizona opposition likely to high-court land ruling." The Cincinnati Enquirer contains an article headlined "Court: Cities may seize homes; 'Eminent domain' includes economic development" and an editorial entitled "Court cripples property rights." The Cleveland Plain Dealer reports that "Ruling's impact could be felt soon in local suburbs." The Dayton Daily News reports that "Riverside says court ruling backs its plan; Reclaimed properties to prepare for new development." The New York Daily News contains articles headlined "Home's up for grabs; Ruling ramps up anxiety in city" and "Unfair & un-American, biz cries." The Sacramento Bee reports that "Redevelopment staff pleased in Sacramento." The Indianapolis Star reports that "Ruling's effect on Indiana evaluated; City attorney sees little impact since state's law is different from Connecticut's." The Journal Gazette of Fort Wayne reports that "Local fallout likely limited, officials say." The Philadelphia Inquirer reports that "Eminent-domain ruling dismays N.J., Pa. owners in bulldozers' path." The Harrisburg Patriot-News contains articles headlined "Ruling expands power to take homes; Ruling lets your town take your home" and "State laws can offer protection, opinion says." The Denver Post reports that "Court spurs mixed reaction; Experts say Colo. law restricts use of eminent domain, but critics still worry." The Rocky Mountain News contains an article headlined "Area leaders divided over impact of ruling" and an editorial entitled "Dark days ahead for property owners; Supreme Court broadens eminent domain." The Durango Herald reports that "Durango flinches at eminent domain ruling." The Seattle Post-Intelligencer reports that "Washington Constitution limits 'eminent domain' takings." The Deseret Morning News reports that "Justices' ruling favors cities in use of eminent domain; Utah Legislature limits will likely mitigate ruling." The Newark (N.J.) Star-Ledger contains articles headlined "Court rules cities can seize homes; Towns receive expanded powers to foster economic development" and "In 55 N.J. towns, planners watch as the light turns green." The Gloucester County Times reports that "Redevelopment foes remain firm despite eminent domain ruling." The Milwaukee Journal Sentinel contains an article headlined "A looser rein on eminent domain; High court affirms use in developments; local projects may benefit." The Minneapolis Star Tribune reports that "Opinion split over ruling's effect in Minnesota." The Knoxville News-Sentinel reports that "Officials say decision will have little impact here." The Natchez Democrat reports that "Court ruling may affect local communities." The Clarion-Ledger reports that "High court OKs Conn. land seizure; Ruling says federal government has no jurisdiction in state eminent domain cases." The Miami Herald reports that "Ruling on land is vital locally; Hollywood leaders took notice on Thursday when the U.S. Supreme Court upheld state and local governments' power to take private land for economic development." The South Florida Sun Sentinel reports that "Family vows to fight to keep building that Hollywood wants for redevelopment." The Bradenton Herald reports that "Eminent domain ruling not yet a factor in local projects." The Orange County Register reports that "Land seizure upheld; High court eminent-domain ruling favors cities' rights, but California has tough laws." The Press-Enterprise of Riverside, California reports that "Justices dilute land rights; The court says private property can be seized and converted to more profitable private use." The Ventura County Star reports that "California law likely to blunt effects of decision." The San Mateo County Times reports that "Ruling comes too late for Redwood City." The Boston Herald reports that "High court bolsters municipal land grabs." The Huntsville Times reports that "Local governments know issue 'sensitive.'" The Arkansas Democrat-Gazette reports that "Eminent-domain ruling likely backs state law, attorneys say." The Northwest Arkansas Times reports that "City attorney says Supreme Court's ruling on eminent domain likely won't affect Fayetteville development." The Journal News of Westchester, New York reports that "High court ruling stirs IKEA battle memories." The Lexington Herald-Leader reports that "Supreme Court ruling might revive Richmond bid." And The Pantagraph of Bloomington, Illinois reports that "Eminent domain ruling won't affect Normal." In commentary, The Detroit Free Press contains an editorial entitled "Condemnation: Michigan standard a model for other states." The Providence Journal contains an editorial entitled "The little people get hit." And The Bangor Daily News contains an editorial entitled "Takings Advantage." "Disputed tactic stalled court attack response": The Atlanta Journal-Constitution today contains an article that begins, "Two months before the courthouse shootings, Fulton County sheriff's officials changed the way they responded to emergencies at the downtown complex, a change that may have cost valuable time in responding to the crisis -- and perhaps lives." Posted at 11:48 AM by Howard Bashman "Coast Panel's Legitimacy Is Upheld": Maura Dolan has this article today in The Los Angeles Times. The San Diego Union-Tribune reports today that "State high court rules for Coastal Commission." And The Oakland Tribune reports today that "State Supreme Court affirms Coastal Commission's power; Legal challenges halted; board free to continue to make land-use decisions." "Court: Michigan must provide lawyers for poor who plead guilty, appeal." Michael McGough has this article today in The Toledo Blade. Posted at 11:40 AM by Howard Bashman Not a great case for the Nation's most homophonic-phobic judge: At "PrawfsBlawg," Kaimi Wenger considers the precedents that would be in play if a town decided, based on thermal imaging, which homes to condemn for economic redevelopment purposes. Posted at 11:20 AM by Howard Bashman "Supreme Speculation": Howard Kurtz has this essay online at washingtonpost.com. Posted at 11:10 AM by Howard Bashman "Court shifting more to the right; 2 new judges will change the tenor": The Associated Press provides this Sixth Circuit-related report. Posted at 11:05 AM by Howard Bashman "Four years later, her T-shirt is legal; The state Supreme Court throws out a law against wearing police insignias, overturning a Pinellas woman's conviction": This article appears today in The St. Petersburg Times. And The Tampa Tribune reports today that "Wearing Police Clothing Is Legal." You can access yesterday's ruling of the Supreme Court of Florida at this link. Not dead or retired yet: The Washington Post yesterday afternoon published online the following correction: A headline and article summary that appeared to indicate that Supreme Court Chief Justice William H. Rehnquist had either retired or died was inadvertently published on washingtonpost.com and through a washingtonpost.com RSS feed on June 23. The headline and summary have been retracted and no longer appear on the site.More details here, and click here for the screen shot. (Via "Life, Law, Libido.") Update: The headlines remain available here (at least as of this moment; scroll down to the bottom of the page) via Bloglines, but the links themselves fail to bring up the articles. "US judiciary under the gun": The Australian today contains an article that begins, "For all the recent criticism that Australian politicians don't lend enough support to judges at times of controversy or crisis, members of the local judiciary are faring reasonably well compared with their US counterparts." Posted at 10:50 AM by Howard Bashman D.C. Circuit decides major challenge to 2002 regulations under the Clean Air Act: You can access today's ruling at this link. Posted at 10:30 AM by Howard Bashman Angelos Tenth Circuit amicus brief: Via the "Sentencing Law and Policy" blog, you can access a copy of the amicus brief -- "signed by 163 former U.S. attorneys general and retired federal judges and prosecutors *** in support of the appeal to the 10th Circuit by Weldon Angelos, the first-time offender sentenced to 55 years' imprisonment for marijuana sales under federal mandatory sentencing statutes" -- here. Posted at 09:30 AM by Howard Bashman "The Supreme Court Shortlist: The views of the likely candidates to succeed Rehnquist." Emily Bazelon and David Newman have this "assessment" online today at Slate. Posted at 09:18 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": The broadcast included segments entitled "Eminent Domain and Property Rights" (featuring Nina Totenberg) and "Rehnquist's Health Leads to Speculation on Successors." RealPlayer is required to launch these audio clips. Posted at 09:14 AM by Howard Bashman "President's Prerogative: Bush should ignore the Democrats' request." At National Review Online, Edward Whelan has an essay that begins, "The letter from Senate Democrats urging President Bush to 'consult meaningfully with Senators on both sides of the aisle [on judicial nominations] well in advance, especially in the event of a Supreme Court vacancy' is a clever political ploy." Posted at 09:12 AM by Howard Bashman In news and commentary from Texas: The Austin American-Statesman reports today that "'Adios, mofo' is all the rage; Perry catch phrase catches on." And columnist John Kelso has an op-ed entitled "This line will haunt Perry, fo' shizzle." In other coverage, DallasNews.com reports that "Gov's gaffe golden for merchandisers." The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Supreme Court: Irate farmers can't sue U.S." and "Supreme Court refuses appeal in 1993 slaying." Posted at 09:05 AM by Howard Bashman "Court OKs lawyers for indigent defendants; Ruling overturns state appeals law": The Detroit Free Press contains this article today. Posted at 07:28 AM by Howard Bashman "Senate Panel Girds for Abortion Fight; Amid the possibility of a Supreme Court vacancy, witnesses, including 'Roe,' are summoned": This article appears today in The Los Angeles Times. Posted at 07:24 AM by Howard Bashman "Tax court reversal 'incredible'; Judge alters secret finding in fraud trial": The Chicago Tribune today contains an article that begins, "During the 1970s and 1980s, Chicagoan Burton Kanter earned a reputation as one of the nation's top estate tax lawyers, representing an eclectic group of clients, including Hugh Hefner, Bobby Hull and Sam Zell, as well as rock groups Santana and Creedence Clearwater Revival." Posted at 06:54 AM by Howard Bashman "Justices Back Forced Sale of Property; Cities have the authority to clear land for redevelopment even where blight is not an issue, the Supreme Court rules in a 5-4 vote": David G. Savage has this article today in The Los Angeles Times. Today in The Chicago Tribune, Jan Crawford Greenburg reports that "Eminent domain expanded; Court rules cities can seize homes for economic development." In USA Today, Joan Biskupic reports that "Seizing land for private use OK'd; Court backs city vs. homeowners," while a related article is headlined "Property seizures must be in public's good, court warns." In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court upholds eminent domain; Property rights movement suffers narrow defeat," while a related article is headlined "Eminent domain still divisive issue; Ferlo wants to limit what governments can take." The Boston Globe reports that "High court backs seizure of land for development." The Washington Times reports that "Supreme Court backs eminent domain" and "Plans to build baseball stadium in Southeast receive a boost." A related editorial is entitled "A win for big government." The Washington Post reports that "Court Ruling on Land Pleases D.C. Officials; SE Properties Sought for Stadium and Mall." The newspaper also contains an editorial entitled "Eminent Latitude." In The New York Sun, Josh Gerstein reports that "Ruling Allows Governments to Wrest Property from Citizens." The newspaper also contains an editorial entitled "Eminent Danger." Newsday reports that "Land's not your land; Supreme Court rules governments can seize homes from their owners for development." The Day of New London, Connecticut contains articles headlined:
In The Hartford Courant, Lynne Tuohy has an article headlined "5-4, For The Takings; High Court: City Can Seize Homes To Boost Economy," while a related article reports that "'We're Not Leaving, Not By A Long Shot,' Residents Insist." The New Haven Register reports that "Cities can seize homes; Supreme Court rules in New London case." The Record-Journal of Meriden, Connecticut reports that "Decision could help city in redevelopment project." The St. Petersburg Times reports that "Official power to seize land expanded; The Supreme Court narrowly agrees that local governments may take property to foster private development." The newspaper also contains an editorial entitled "Eminent mistake: The U.S. Supreme Court's ruling in Kelo vs. City of New London deals a blow to private property rights and leaves working-class homeowners unprotected" and an op-ed by columnist Robert Trigaux entitled "Your home could be up for grabs: A newly empowered blessing from the Supreme Court to seize private property in the interest of economic development may come in quite handy in the competitive business recruitment wars." The Toronto Globe and Mail reports that "Top court in U.S. rules you can't fight city hall." The Chicago Sun-Times reports that "Court shows homeowners door." The St. Louis Post-Dispatch reports that "High court rebuffs homeowners." The Detroit News reports that "Ruling allows land to be seized; Officials see the return of eminent domain as a potential boost to economic development, but Michigan laws are strict." The Detroit Free Press reports that "Michigan law aids owner in land use; High court backs state constitution." And columnist Brian Dickerson has an op-ed entitled "How Poletown still haunts us." The Oakland (Mich.) Press reports that "Michigan property rights still safe." The Kansas City Star reports that "Land can be taken for private projects, court says; Ruling largely validates Merriam, Kansas City, Kan., actions." The Fort Worth Star-Telegram reports that "Court expands eminent domain." The Houston Chronicle reports that "Home seizure ruling doesn't play in Texas; After decision, an amendment is quickly proposed to limit powers of eminent domain." The Sacramento Bee reports that "Eminent domain powers widened." The Naples Daily News contains articles headlined "Supreme Court ruling could have impact in Collier" and "Lee official: Florida law would protect landowners." The Asbury Park Press reports that "Government right to seize homes upheld; Supreme Court ruling a blow to foes of Long Branch projects." The Daily Texan reports that "Court extends eminent domain to local level; Local leaders can close homes, business for development." The New York Times contains an editorial entitled "The Limits of Property Rights." The Wall Street Journal contains an editorial entitled "Kennedy's Vast Domain: The Supreme Court's reverse Robin Hoods." The Cincinnati Enquirer contains an editorial entitled "Court cripples property rights." And at Tech Central Station, Stephen Bainbridge has an essay entitled "They Can't Take That Away From Me... Unless They Can." "Court Buttresses Eminent Domain; Local Governments Cleared To Take Private Property If Projects Promise Growth": Jess Bravin has this article (pass-through link) today in The Wall Street Journal. Posted at 12:25 AM by Howard Bashman  
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