|
|
|
Monday, July 31, 2006 "'Super Lawyers' and 'Best Lawyers' Hire Big Guns to Battle Ad Ban; Publishers of legal surveys fight back against unique ethics ruling": law.com provides a report that begins, "Super Lawyers and Best Lawyers in America have retained attorneys with gravitas to attempt to reverse an ethics opinion that put them out of business in New Jersey." You can access law.com's earlier coverage via this link. Posted at 10:40 PM by Howard Bashman "Forget judges, what if jurors had blogs?" Via this post at the blog "Stubborn Facts," I see that two Fridays ago The Associated Press had a report from New Hampshire headlined "Convicted rapist cites juror's blog in appeal." Posted at 10:35 PM by Howard Bashman "Scholars & Scribes Review the Rulings: The Supreme Court's 2005-2006 Term." The Heritage Foundation hosted this event on July 13, 2006. The preceding link allows you to access archived video of the event in both Windows Media and mp3 formats. The second half of the Heritage event was featured on this past Saturday's broadcast of C-SPAN's "America & the Courts." You can view archived video of the broadcast by clicking here (RealPlayer required). "Exotic dancers don't have right to take it all off, high court decrees": Saturday's edition of The Salt Lake Tribune contained an article that begins, "The Utah Supreme Court ruled Friday that the right of exotic dancers to bare all is not a fundamental freedom protected by the Utah Constitution." And Saturday's edition of The Deseret Morning News reported that "Court affirms ban on nude dancing; South S.L. attorney applauds the decision." You can access last Friday's 3-2 ruling of the Supreme Court of Utah at this link. Tour bus "Gone Wild": Apropos of my recent posts titled "Suppression of evidence 'Gone Wild'" and "'Women lose Girls Gone Wild lawsuit,'" additional "Gone Wild" litigation may be in the works as suggested by last Thursday's article in The Iowa City Press-Citizen headlined "Bicyclist trapped under Girls Gone Wild bus; Man was pinned down for nearly 20 minutes" (via "Obscure Store"). Posted at 07:35 PM by Howard Bashman "Federal judge throws out Minnesota's video game law": The Minneapolis Star Tribune provides a news update that begins, "A federal judge on Monday struck down a state law aimed at keeping violent video games out of the hands of Minnesota children, saying the state has shown no convincing evidence that children are harmed by them." And The Associated Press reports that "Federal judge throws out Minnesota's video game law." I have posted online at this link today's opinion by Chief Judge James M. Rosenbaum of the U.S. District Court of the District of Minnesota. "9/11 Trial Exhibits Posted on Website": The Associated Press provides a report that begins, "Photographs of the carnage of Sept. 11 and tape-recorded final phone calls from victims in the World Trade Center were posted Monday by a federal court, a total of 1,202 exhibits from the Zacarias Moussaoui trial." The article goes on to report that "The U.S. District Court in Alexandria, Va., said it is the first criminal case for which a federal court has provided access to all exhibits online." You can access the exhibits online via this link. Defendant alleged to have made false and defamatory statements pertaining to a Pittsburgh-based attorney on the DontDateHimGirl.com web site denies those allegations: Defendant Alesia Roskov filed this Answer, New Matter, and Counterclaim last Friday in the Court of Common Pleas of Allegheny County, Pennsylvania. You can access additional documents filed in the case via this earlier link. Posted at 05:55 PM by Howard Bashman "Texas Republicans Ask to Replace DeLay": The Associated Press provides this report. Posted at 05:42 PM by Howard Bashman "The Haynes Saga": The Richmond Times-Dispatch today contains an editorial that concludes, "The Haynes nomination is dead in all but name. He should withdraw, and make way for a nominee able to win Senate consent." Posted at 05:33 PM by Howard Bashman "Today we issue an opinion holding that an attorney's subjective good intentions may relieve her from liability for sanctions for her objectively reckless pursuit of a patently frivolous claim. Because this holding flatly contradicts the law of this circuit, I must respectfully dissent." So begins a lengthy dissenting opinion issued today by Senior Circuit Judge James C. Hill from the ruling of the majority on a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit. Posted at 05:15 PM by Howard Bashman "A move to salvage a big antitrust case": At "SCOTUSblog," Lyle Denniston has a post that begins, "A newly filed antitrust appeal to the Supreme Court, a significant test of the proof needed to show below-cost pricing to try to drive out a competitor, has been taken off the Court's docket because it was not filed before a deadline." The ruling of a three-judge Sixth Circuit panel in the case can be accessed here. The U.S. Supreme Court's docket entries on the case are available at this link. Access online today's U.S. Supreme Court Order List: It is available at this link. Posted at 04:55 PM by Howard Bashman "High court: No vote for parolees." The Denver Post provides this news update. And The Associated Press reports that "Colo. Court Upholds Ban on Parolee Voting." You can access today's ruling of the Supreme Court of Colorado at this link. Seventh Circuit panel discusses when a motion for summary affirmance is appropriate: A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this opinion today. The opinion states that "When a motion for summary affirmance is appropriate, it should be filed earlier rather than later--not right before the merits brief is due." Today's opinion involves a defendant's sentencing appeal in a criminal case. The federal government filed its motion for summary affirmance days before its merits brief was due. Today's decision holds that the case is not deserving of summary affirmance and that filing a motion for summary affirmance is not an appropriate way to seek to postpone the due date of the Brief for Appellee. "Appeals court hears from lawyers in DeLay ballot battle": The Houston Chronicle provides this news update (via the "Election Law" blog). Posted at 03:10 PM by Howard Bashman "May a public high school prohibit students from wearing T-shirts with messages that condemn and denigrate other students on the basis of their sexual orientation?" Back on April 20, 2006, a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answered that question in the affirmative. Circuit Judge Stephen Reinhardt wrote the majority opinion, while Circuit Judge Alex Kozinski issued a dissenting opinion. My earlier coverage of this ruling appears here and here. Today, the Ninth Circuit issued an order denying rehearing en banc, from which five judges noted their dissent. The next step for this case will likely be a petition for writ of certiorari filed in the U.S. Supreme Court. Update: A reader emails to note (informed by "California Appellate Report") that Circuit Judge Diarmuid F. O'Scannlain's dissent from the denial of rehearing en banc cites to this blog post from Eugene Volokh at "The Volokh Conspiracy." "Fair Weather Friend of the Court: Senator Specter passes the buck to the courts on one of the major issues of the day." Daveed Gartenstein-Ross and Adam J. White have this essay today online at The Weekly Standard. Posted at 11:45 AM by Howard Bashman On cases remanded from the U.S. Court of Appeals for the Federal Circuit to a federal district court located within the geographical boundaries of the U.S. Court of Appeals for the Seventh Circuit, the Seventh Circuit's local rule governing when the case must be reassigned to a different district judge applies on remand: You can access at this link the Federal Circuit's ruling today in Eolas Technologies, Inc. v. Microsoft Corp. The Seventh Circuit's local rule in question can be accessed here. In my "20 questions for the appellate judge" interview with Senior District Judge Milton I. Shadur of the U.S. District Court for the Northern District of Illinois, that Seventh Circuit local rule was the subject of Question 18. "Massachusetts parents' school plea denied": Lyle Denniston has this post at "SCOTUSblog." Posted at 11:28 AM by Howard Bashman "5th Circuit hears DeLay ballot case arguments today; Possible GOP contenders eagerly await the outcome": Today's edition of The Houston Chronicle contains this article. Posted at 10:30 AM by Howard Bashman "Arkansas Court Rules in Favor of Gay Foster Parents": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." My earlier coverage appears here. Posted at 09:22 AM by Howard Bashman "Could Increased Openness in Judges' Decision-Making Depoliticize Confirmations?" The brand new installment of my "On Appeal" column for law.com appears at this link. It is based on the other major theme of my remarks at the recent Eight Circuit Judicial Conference in Brainerd, Minnesota. The first major theme of those remarks was the subject of my column from last week, headlined "Viewing Law Blogs as a Vast Amicus Brief." Those who would prefer to see Brainerd-area images of Paul Bunyan merely need click here and here. "How an Overachieving Law Professor Toppled the President's Terror Tribunals; Katyal: I Never Wanted to Sue the President." T.R. Goldman has this article (free access) today in Legal Times. Meanwhile, those with subscriptions to the online content of Legal Times can also access an Inadmissible item headlined "Dems Rally to Stall D.C. Circuit Nominee" that begins, "Republican efforts to fast-track Peter Keisler’s nomination to the U.S. Court of Appeals for the D.C. Circuit are generating election-season squabbling in the Senate." The transcript of Tony Mauro's recent panel discussion is available online under the headline "2005-06 Supreme Court: The Advocates' View; Four advocates weigh the meaning of Hamdan and the future of the Roberts Court." And in subscription-required commentary, Law Professor Douglas W. Kmiec has an essay entitled "With Reservations: Despite ABA report on signing statements, the president should not enforce an invalid law." Clark Neily has an essay entitled "Banned in Maine: Under a state tuition program, students can pick their school; Just so long as it's not religious." My earlier coverage appears here. And Legal Times reprints one of my recent law.com essays (freely available here) under the heading "Dividing Nine Into Two: The decision to split up the 9th Circuit rests finally with Congress, not the judges." "Court to Hear DeLay Ballot Case Arguments": The Associated Press provides this report. The three-judge panel of the U.S. Court of Appeals for the Fifth Circuit assigned to hear oral argument in this case today consists of Circuit Judges Fortunato P. Benavides, James L. Dennis, and Edith B. Clement. Posted at 07:02 AM by Howard Bashman In today's edition of The New York Times: An article reports that "Study Finds Disparities in Judges' Asylum Rulings." An editorial entitled "Prisoners and Human Rights" begins, "The United States has the worst record in the free world when it comes to stripping convicted felons of the right to vote." And Law Professor Walter Dellinger has an op-ed entitled "A Slip of the Pen" about presidential signing statements. "The ABA's Agenda: The American Bar Association takes another swipe at the Bush presidency." The Wall Street Journal contains this editorial today. And today's newspaper also contains a letter to the editor from ABA President Michael Greco under the headline "A Judgment of Fact: The ABA is strictly nonideological." Both links provide free access. Posted at 06:50 AM by Howard Bashman "N.Y. Lawmakers Aim To Curb Electoral College": This article appears today in The New York Sun. Posted at 06:40 AM by Howard Bashman "Action on Judges Expected to Slow; Calendar, Campaign Conspire": Roll Call today contains an article (subscription required) that begins, "Senate Republicans, facing a major political battle and a tight legislative calendar, said last week that there's little chance they can move any of the remaining controversial judicial nominations before the November elections." And the August 7, 2006 issue of Newsweek contains an article headlined "A Gang Under Siege: They were 'saviors of the Senate'; But the Gang of 14 may pay a price at the polls." "Blawg Review #68": Available online here, at "Jeremy Blachman's Brand New Weblog." Posted at 06:33 AM by Howard Bashman Sunday, July 30, 2006 "Gay Marriage Case Began With Unusual Call": The Associated Press provides this report. Posted at 06:05 PM by Howard Bashman "The Wedding March: Washington's high court dealt gay-marriage advocates another setback; What's next--for both sides." This article will appear in the August 7, 2006 issue of Newsweek. Posted at 06:02 PM by Howard Bashman Philadelphia Phillies 11, Florida Marlins 5: My son and I capped off our series of four Phillies games in one week with a victory for the home team today. Today was Randy Wolf's debut after Tommy John surgery last year. Chase Utley extended his hitting streak to thirty games. And Ryan Howard tied a team record with five walks. Between the bottom of the eighth inning and the top of the ninth, the fans gave Bobby Abreu and Cory Lidle a lengthy ovation because both were traded today to the New York Yankees. You can access the box score at this link, while a wrap is available here. Posted at 05:50 PM by Howard Bashman "Tribe ensnared in abortion battle; S. Dakota reservation ousts leader over her support to build clinic": This article appears today in The Chicago Tribune. Posted at 08:55 AM by Howard Bashman "Borking Predates Bork": Benjamin Wittes has this op-ed today in The Washington Post. Posted at 08:50 AM by Howard Bashman "Case Won on Appeal (to Public)": In the Week in Review section of today's issue of The New York Times, Adam Liptak has an article that begins, "IN some ways, it was a modest decision. A year ago, the United States Supreme Court ruled that a city in Connecticut could use the power of eminent domain to make room for private development. The decision simply applied existing law and deferred to the judgments of local officials. But the outcome was a revolt." Posted at 08:40 AM by Howard Bashman Op-eds published in today's edition of The New York Times: Morris B. Hoffman and Stephen J. Morse have an op-ed entitled "The Insanity Defense Goes Back on Trial." And Dan Savage has an op-ed entitled "Same-Sex Marriage Wins by Losing." Saturday, July 29, 2006 "Hint to Mt. Soledad cross's fate lies in desert; Friends, foes of memorial await result of Mojave case": This article appeared Thursday in The San Diego Union-Tribune. Posted at 09:30 PM by Howard Bashman "Roberts and Alito Misled Us": U.S. Senator Edward M. Kennedy (D-MA) will have this op-ed Sunday in The Washington Post. Posted at 09:28 PM by Howard Bashman "Shut Up, They Explained: The ABA's latest anti-Bush strike." Edward Whelan has this essay in the August 7, 2006 issue of The Weekly Standard. Posted at 09:25 PM by Howard Bashman "School funding suit dismissed; Supreme Court says the Legislature complied with previous orders; The decision could eliminate a campaign issue in the primary, only a few days away": This article appears today in The Kansas City Star. The Topeka Capital-Journal today contains articles headlined "Relief, concern follow dismissal of school finance case"; "For school districts, ruling enables them to resume work; Educators offer opinions on court ruling and what may lie ahead"; and "Day gives glimpse of court's work; Curious Kansans who turned out for ruling 'thrilled' and 'disappointed.'" The Wichita Eagle reports that "Court dismisses school funding lawsuit." The Lawrence Journal-World reports that "After 7 years, litigation is dismissed." You can access yesterday's ruling of the Supreme Court of Kansas at this link, while a related statement from Chief Justice Kay McFarland can be accessed here. "Kent school Bible club dispute becomes a federal case; Court fight centers on 'Christians only' membership limit": Yesterday's edition of The Seattle Post-Intelligencer contained an article that begins, "It seemed a simple idea: two high school girls who wanted to start a Bible club at Kentridge High School. But the once-quiet grumbling over their Christians-only membership plan has now erupted into a full-scale federal case. On Thursday, a three-judge panel of the 9th U.S. Circuit Court of Appeals, meeting in Seattle, sat rapt as lawyers argued on the one hand for religious freedom and, on the other, against allowing discrimination in a public school district." The Ninth Circuit has posted online the oral argument audio at this link (Windows Media format). "Upholding gay-marriage ban may put new spin on court races": This article appeared yesterday in The Seattle Times. Posted at 02:27 PM by Howard Bashman "Court urged to reconsider ruling on Nebraska gay marriage ban": The Associated Press provides a report that begins, "Two advocacy groups asked a federal appeals court Friday to reverse a ruling that reinstated Nebraska's voter-approved ban on same-sex marriage." And the ACLU yesterday issued a press release entitled "ACLU and Lambda Legal Urge Federal Appeals Court to Reconsider Ruling Upholding Nebraska's Extreme Anti-Gay Family Law." You can access here the petition for rehearing en banc filed Thursday in the U.S. Court of Appeals for the Eighth Circuit, the three-judge panel's ruling in the case is here, and my earlier coverage of that ruling is here. "Court denies electric chair appeal": This article appears today in The Lincoln (Neb.) Journal Star. And The Omaha World-Herald reports today that "High court rejects challenge to electric chair." My earlier coverage appears at this link. "Our motto risks becoming 'Over God we fight'": Charles C. Haynes has this essay online at the First Amendment Center. Posted at 02:15 PM by Howard Bashman "Abortion-consent stall riles GOP, pro-lifers": This article appeared yesterday in The Washington Times. Posted at 02:11 PM by Howard Bashman On yesterday evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "IBM Office Accused of Hacking Law Firm" and "Making It on the Outside, After Decades in Solitary" (RealPlayer required). Posted at 01:50 PM by Howard Bashman "Families Challenging Religious Influence in Delaware Schools": This article appears today in The New York Times. Posted at 01:45 PM by Howard Bashman "Judge to Bucs: No more fan patdowns; The team's security policy of patdown searches for fans at home games is unconstitutional, a federal judge rules": The St. Petersburg Times today contains an article that begins, "A federal judge has upheld a ban on security patdowns outside Raymond James Stadium before Tampa Bay Buccaneers games, ruling Friday the practice violates the constitutional rights of fans." And The Tampa Tribune today contains an article headlined "No Pat-Downs At Bucs Games." You can access yesterday's ruling of the U.S. District Court for the Middle District of Florida at this link. "When the Parents Can’t Know": Today in The New York Times, Judith Warner has this op-ed (TimesSelect subscription required) on the subject of parental notification laws for girls seeking abortions. Posted at 11:28 AM by Howard Bashman "Jefferson May Review Papers Seized in Raid; The lawmaker can object over documents the FBI took from his Capitol Hill office in a bribery probe, an appeals court ruled": This article appears today in The Los Angeles Times. The New York Times reports today that "Lawmaker Wins Delay on Review of Evidence." The Washington Post reports that "Jefferson Wins A Round in Court; Lawmaker May Review Seized Papers." And The New Orleans Times-Picayune reports that "Jefferson to get copies of data FBI took; Until judge rules, prosecutors can't peek." "Local scout leaders caught in a dilemma; The group's policy on gays is at root of Phila. dispute": The Philadelphia Inquirer contains this article today. Posted at 11:15 AM by Howard Bashman "Embattled Md. Judge To Retire For Health; Departure Precedes Misconduct Hearing": This front page article appears today in The Washington Post. Posted at 11:05 AM by Howard Bashman "Private I's?: Should the law protect us from kiss-and-tell bloggers?" Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 11:02 AM by Howard Bashman "The Court Under Siege": This editorial appears today in The New York Times. Posted at 10:55 AM by Howard Bashman Friday, July 28, 2006 "Court: Lawyer in Flatley Case Committed Extortion; An attorney for a woman who had accused the 'Riverdance' star of rape threatened to go public with the allegation, justices rule": Maura Dolan has this article today in The Los Angeles Times. law.com reports that "Calif. High Court Slaps Misuse of Anti-SLAPP Laws." BBC News reports that "Dancing star sues rape accuser; Former Riverdance star Michael Flatley has won a court ruling allowing him to counter-sue a woman who sued him for allegedly raping her in Las Vegas." The Associated Press reports that "Michael Flatley Gets Go-Ahead for Lawsuit." And Metropolitan News-Enterprise provides an article headlined "Suit Against Lawyer Alleging Extortion Attempt Not SLAPP--S.C." You can access yesterday's rulings of the Supreme Court of California in these two cases here and here. The Associated Press is reporting: Now available online are articles headlined "Court Blocks Feds on Congressman's Files" and "CBS Appeals 'Wardrobe Malfunction' Fine." Posted at 11:14 PM by Howard Bashman Available online from law.com: An article reports that "2nd Circuit Affirms Ebbers Conviction, 25-Year Sentence; Panel calls sentence 'harsh,' but 'not unreasonable.'" An article is headlined "Save a Cocktail Napkin, Win a Lawsuit; Entertainment lawyers find idea-submission claims worthwhile in the post-'Grosso' world." And the new installment of my "On Appeal" column is headlined "Could Increased Openness in Judges' Decision-Making Depoliticize Confirmations?" Florida Marlins 4, Philadelphia Phillies 1: My son and I attended tonight's Phillies game, the third of four in a one week period that we will have attended between last Sunday night and this Sunday afternoon. Florida's starting pitcher carried a no-hitter through 6 2/3 innings. The only bright spots for the Phillies were that second baseman Chase Utley extended his hitting streak to 28 games in his final at bat, and Ryan Howard smacked another monster home run in his final at bat. On the ride home, we learned that third baseman David Bell, who never developed much of a fan base here, has been traded to the Milwaukee Brewers in exchange for 22-year-old right-handed pitcher Wilfrido Laureano. You can access the box score of tonight's game at this link, while wraps are available here and here. Posted at 11:00 PM by Howard Bashman "Klan Leader's Pipe Bomb Conviction Overturned": Shannon P. Duffy of The Legal Intelligencer provides a news update (free access) that begins, "A Pittsburgh area Ku Klux Klan imperial wizard who was convicted on multiple weapons charges won a partial victory in his appeal today when the 3rd U.S. Circuit Court of Appeals ruled that the 'mere possession' of a pipe bomb does not qualify as a 'crime of violence.'" You can access today's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link. The dissenting opinion, by Senior U.S. District Judge Harold A. Ackerman (D.N.J.), sitting by designation, concludes: "Today, the Court holds that the 'mere' possession of a pipe bomb is not a federal crime of violence. As I read this holding, the 'mere' possession of a car bomb, or a landmine, or an explosive vest, or a 'dirty bomb,' or even a nuclear bomb, would also not constitute a crime of violence, because there would be no substantial risk that the possessor may use physical force against another in the course of committing the offense of possession." "CBS appeals fine for Janet Jackson breast flashing": Reuters provides this report. Posted at 04:18 PM by Howard Bashman "Appeals Court Upholds Ebbers Conviction": The Associated Press provides this report. Posted at 03:20 PM by Howard Bashman "An employer of teenagers is not in loco parentis, but he acts at his peril if he fails to warn their parents when he knows or should know that their children are at substantial risk of statutory rape by an older, male shift supervisor in circumstances constituting workplace harassment." Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Earlier in the opinion, Judge Posner writes: "Nor are American teenage girls such blushing violets that sexual badinage is harassment per se." Finally, a search of Westlaw suggests that this may be the first published judicial opinion in the USA to use the phrase "tittie twisters." Update: "Daily Developments in EEO Law" discusses today's ruling here. "NeXus Journal Blawg Issue": Denise Howell has this post about the current issue of the Nexus journal from the Chapman University School of Law. Posted at 02:40 PM by Howard Bashman U.S. Court of Appeals for the Second Circuit affirms criminal convictions of Bernard J. Ebbers, former Chief Executive Officer of WorldCom, Inc.: You can access today's ruling at this link. The ruling also upholds the 25-year jail sentence imposed on those convictions. Posted at 02:34 PM by Howard Bashman Ninth Circuit grants rehearing en banc in appeal in which a divided three-judge panel ordered a new trial after the defendant was convicted of traveling across state lines with intent to engage in a sexual act with a minor and using an interstate facility to attempt to persuade a minor to engage in sex: A central issue in the case was whether the district court erred in admitting into evidence stories extracted from the defendant's PDA about a father's having sex with his young daughter and the daughter's enjoyment of the experience. The three-judge panel's ruling is available at this link, while my earlier coverage of that ruling is here. Today's order granting rehearing en banc is at this link. Posted at 12:45 PM by Howard Bashman Available today at National Review Online: Ramesh Ponnuru has an essay entitled "Slate’s Hamdan Hoax: Justice Stevens just can't be defended." Rich Lowry has an essay entitled "Judges in Check -- for Now: Is the balance back?" And an editorial entitled "Signing Off" asserts that "[t]he idea that Bush's use of signing statements has created a constitutional crisis is impossible to take seriously." "Neb. Court Rejects Electric Chair Appeal": The Associated Press provides a report that begins, "The state Supreme Court on Friday rejected an inmate's appeal that the electric chair amounts to cruel and unusual punishment, leaving Nebraska as still the only state with electrocution as its sole means of execution." You can access today's ruling of the Supreme Court of Nebraska at this link. "If the Judicial Confirmation Process is Broken, Can a Statute Fix It?" Aaron-Andrew P. Bruhl has this essay (abstract with link for download) online at SSRN (via "Legal Theory Blog"). Posted at 10:54 AM by Howard Bashman D.C. Circuit rejects claim of best-selling author and producer of radio and TV infomercials that Federal Trade Commission press release announcing the settlement of a case the agency brought against him for false and misleading advertising was itself false and misleading: Bloggers who are in the habit of discussing, while linking directly to, primary materials found on the internet may find the following passage from today's opinion to be of interest: Finally, Trudeau asserts that the press release is misleading because it fails to expressly state, as the 2004 Final Order did, that there had been "no findings or admissions of wrongdoing or liability" with respect to Trudeau. 2004 Final Order ¶ 8. As we said above, we do not believe that a reasonable reader could construe the press release as suggesting that there had been such a finding; accordingly, an express disavowal was unnecessary to prevent such a reader from being misled. In any event, the online version of the release -- which is the version upon which Trudeau focuses his attention -- contains a link to the 2004 Final Order, prominently displayed in bold at the top-right corner of the webpage. The link permits any interested reader to compare the release with the order itself, including its disavowal of a judicial finding. See 2004 Final Order ¶ 8. With the terms of the order just two mouseclicks away, any potential misreading of the release can easily be averted.You can access today's D.C. Circuit ruling at this link. The press release at issue in the appeal can be accessed here, while additional records from the proceeding can be accessed via this link. Posted at 10:22 AM by Howard Bashman "Review Panel Clears Chatigny; Report Finds No Bias In Dispute Over Michael Ross Case": Lynne Tuohy has this article today in The Hartford Courant. The Associated Press reports that "Judge cleared of misconduct in handling of Ross appeals." And The Connecticut Law Tribune provides an article headlined "Report: Chatigny Not Motivated By Bias; 2nd Circuit panel finds no misconduct on judge’s part in Ross litigation." This earlier post of mine links to the report and to Wednesday's order; the report is also available online here via the Second Circuit's web site. Finally for now, at the "Crime & Federalism" blog, Connecticut-based attorney Norm Pattis has a post that begins, "I confess wonder and awe at the recent decision of the Judicial Council of the Second Circuit." "On Prosecuting Detainees; Draft Bill Waives Due Process for Enemy Combatants": This article appears today in The Washington Post. Posted at 07:14 AM by Howard Bashman "Judicial Undersight: Don't blame Congress for investigating Judge Manuel Real when judicial self-policing fails." The Los Angeles Times contains this editorial today. Posted at 07:11 AM by Howard Bashman "Signing Off: Presidential signing statements aren't a problem; What Mr. Bush is saying in them is." This editorial appears today in The Washington Post. Posted at 07:05 AM by Howard Bashman "Detainee Abuse Charges Feared; Shield Sought From '96 War Crimes Act": The Washington Post today contains an article that begins, "An obscure law approved by a Republican-controlled Congress a decade ago has made the Bush administration nervous that officials and troops involved in handling detainee matters might be accused of committing war crimes, and prosecuted at some point in U.S. courts." Posted at 07:04 AM by Howard Bashman Thursday, July 27, 2006 "As Populations Swell, Prisons Rethink Supermax": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 09:50 PM by Howard Bashman "Top court upholds man's DUI conviction; Traffic signs' legality at issue in Bowling Green case": This article appears today in The Toledo Blade. You can access yesterday's ruling of the Supreme Court of Ohio at this link. And the court's press release announcing the decision is entitled "Officer’s Observation of Violation of Non-Approved Traffic Sign Can Be Basis for Valid Traffic Stop." "Lesbian's 'don't ask, don't tell' challenge dismissed; ACLU plans to appeal ruling on 19-year Air Force veteran": The Associated Press provides this report from Washington State. I have posted at this link yesterday's ruling of the U.S. District Court for the Western District of Washington. And you can view at this link the complaint that initiated the lawsuit. "For gay-marriage backers, rulings portend long road; In New York and Washington State this month, justices point to state legislatures to decide the issue – a lengthier process": Warren Richey will have this article Friday in The Christian Science Monitor. In today's edition of USA Today, Joan Biskupic reports that "Washington state upholds gay-marriage ban." The Los Angeles Times reports that "Washington Court Upholds Gay-Marriage Ban; In a 5-4 ruling, the state Legislature's 1998 ban is upheld; But three judges in the majority call on lawmakers to revisit the issue and its effects." The San Francisco Chronicle reports that "Washington's top court bars gay marriage; State Constitution grants no such right -- but Legislature could, justices say." The Washington Times reports that "Court refuses to define marriage." The Seattle Times contains articles headlined "Supreme Court upholds state gay-marriage ban"; "Nine justices, six opinions, no consensus"; and "Emotions run high after court's decision." In addition, an editorial is entitled "A missed opportunity on state Supreme Court." And columnist Danny Westneat has an op-ed entitled "Bizarre rationale for bias." The Seattle Post-Intelligencer contains articles headlined "No wedding bells for state's gay couples; Court upholds ban on same-sex marriage"; "Advocates gear up for the next round on gay marriage"; "Decision opens a door for Democrats in Legislature"; "Hawaii 'victory' prompted ban efforts"; and "Anger, disappointment -- and hope -- on Capitol Hill." In addition, an editorial is entitled "Supreme Court: I do's to do." Glen Lavy has an op-ed entitled "The pro-legalization agenda is grounded on flawed premise." And Lisa M. Stone and Patricia Novotny have an op-ed entitled "Ruling doesn't respect equality." The Olympian of Olympia, Washington contains articles headlined "Court upholds gay marriage ban"; "What's next: Ruling doesn't end political debate"; and "Decision puts couples at odds with state." Finally, The News Tribune of Tacoma, Washington reports that "Gay marriage ban belongs to legislators, justices say; In a 5-4 decision, the state Supreme Court upholds lawmakers’ right to ban same-sex marriage; Bills on both sides of the issue look likely for next year." And columnist Peter Callaghan has an op-ed entitled "Like all the rest of us, justices get passionate." "Court Wants More Guantanamo Arguments": The Associated Press provides a report that begins, "A federal appeals court granted a Bush administration request to make more legal arguments over the fate of hundreds of lawsuits filed by detainees held at Guantanamo Bay, Cuba." And at "SCOTUSblog," Lyle Denniston has a post titled "D.C. Circuit to weigh Hamdan impact." "When Eminent Domain Loses: The Ohio Supreme Court strikes a major blow for property rights." Duncan Currie has this essay online today at The Weekly Standard. Posted at 05:11 PM by Howard Bashman "Justice Bypassed: All parental consent laws for abortion include a judicial bypass process; On the ground, in state after state, that process is dysfunctional." Helena Silverstein and Wayne Fishman have this essay online today at The American Prospect. Posted at 05:10 PM by Howard Bashman Judicial Council of the Second Circuit rejects misconduct charges against Chief Judge Robert N. Chatigny of the U.S. District Court for the District of Connecticut arising out of judicial proceedings involving the impending execution of Connecticut death row inmate Michael Ross: Yesterday's order of the judicial council can be accessed at this link, while a 46-page report filed earlier this month by a special committee convened to investigate the charges of misconduct can be accessed at this link. From January of 2005, you can access a Boston Globe article headlined "Conn. delays execution of killer; Conflict of interest with lawyer eyed" and New York Times articles headlined "Killer's Execution Is Delayed Despite Supreme Court Ruling" and "Judge Criticized Killer’s Lawyer Before Reprieve." The transcript of what I previously described as "the quite remarkable teleconference" that Chief Judge Chatigny conducted can be accessed here via The Hartford Courant. "If Daughters Decided: Even Supreme Court justices ruling on major constitutional issues can be swayed by their families; Is that a bad thing?" Reynolds Holding has this essay online at Time.com. Posted at 03:45 PM by Howard Bashman On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Specter Proposes Bill to Challenge President" and "Civil Liberties Groups Oppose Surveillance Bill" (RealPlayer required). Posted at 03:15 PM by Howard Bashman "Remember Judges? The GOP ignores judicial nominations at their peril." Sean Rushton has this essay today at National Review Online. And Robert Novak's syndicated column today is headlined "Republicans Not Capitalizing on Judge Issue." "L.A. Democrat Reluctantly Drawn Into Probe; Sensenbrenner Orders Panel to Investigate Conduct of U.S. Judge Real": Lawrence Hurley has this article today in The Daily Journal of California. Posted at 02:45 PM by Howard Bashman "Threats Against Judges Are on the Rise": The Associated Press provides this report. Posted at 02:30 PM by Howard Bashman Today's rulings of note from the U.S. Court of Appeals for the Ninth Circuit: In a ruling issued today, the Ninth Circuit joined the overwhelming majority of other federal appellate courts in resolving whether the "forum defendant rule" -- which prohibits a defendant from removing a case from state court to federal court based on diversity jurisdiction if the defendant is a citizen of the State where the case was filed -- is a jurisdictional or procedural requirement. Today's ruling holds that the requirement is a waivable, non-jurisdictional defect subject to the 30-day time limit imposed under the removal statute. Today's decision therefore overturns a federal district court's sua sponte remand of a case that was sent back to state court approximately eight months after its removal, in violation of the forum defendant rule, to federal court. And in a second decision issued today, the Ninth Circuit discusses when a resentencing under Booker must be performed by the same federal district judge who imposed the original sentence. Today's opinion holds: "We believe the proper course is for the original sentencing judge to conduct the resentencing, particularly where the judge felt strongly enough to make on-the-record statements about the propriety of the sentence he was required to impose under the Guidelines." In Ninth Circuit-related news from Alaska: The Anchorage Daily News yesterday reported that "Court questions suit against bridge across Newhalen River; Lodge owner claims road violates civil rights, allows easy access to property." The oral argument audio is available here (Windows Media format; right click to save to disk). And The Associated Press provides reports headlined "Urban hunters argue case for access in subsistence suit; 9th Circuit hears appeal on constitutionality of regulations for federal lands" (oral argument audio available here) and "Appeals judges approve drilling for oil in NPR-A; Challengers had tried to limit development on environmental grounds." "Congress vs. another chimera": Yesterday, The Chicago Tribune contained an editorial that begins, "We all know that an epic battle is shaping up between Republicans and Democrats in the November congressional races. But lately, a lot of House Republicans act as though they're running against someone else: the entire federal judiciary." Posted at 10:58 AM by Howard Bashman "Ohio Landowners Win Eminent Domain Case; State's high court rules that a Cincinnati suburb can't seize property to help boost its economy": The Los Angeles Times contains this article today. The Cincinnati Enquirer today contains articles headlined "Coming home to Norwood; Decision a blow to city's recovery"; "Anticipated revenue from tax turns to dust"; "Momentum building for backlash; States already addressing property rights issues"; "Dump it? Build around? Buy them out?"; "Ruling affects other domain cases"; and "'I'm thrilled to own my house again.'" In addition, the newspaper contains an editorial entitled "Big victory for property owners." The Cleveland Plain Dealer contains articles headlined "Court limits eminent domain; Court: Money can't drive eminent domain" and "Ruling pleases lawyers in local domain cases." The Toledo Blade reports that "Justices block seizure of residence; unanimous decision limits use of eminent-domain law." The Columbus Dispatch contains articles headlined "Score one for Ohio property owners; Court: Land seizures can’t be just for economic gain" and "City officials analyzing ruling's effect on future projects." And The Dayton Daily News contains articles headlined "Top court limits eminent domain for developments; Economic improvement alone is not enough reason to take private land, the court rules unanimously" and "Definition of blighted is key for eminent domain cases; Some fear ruling will hurt municipalities' abilities to turn some areas around with private development." "Indictment issued in library foot-kissing; The case was presented directly to the grand jury": This article appeared Tuesday in The Vindicator of Youngstown, Ohio. My earlier, unrelated coverage of a decision of the U.S. Court of Appeals for the Sixth Circuit rejecting an asserted constitutional right not to wear shoes in an Ohio library can be accessed at this link. Posted at 10:38 AM by Howard Bashman Neal Katyal on "The Colbert Report": We learn, among other things, that the "T" in "Katyal" is not silent. You can view the video via "YouTube" by clicking here. Posted at 10:20 AM by Howard Bashman Suppression of evidence "Gone Wild": The Associated Press reports that "Evidence Tossed in 'Girls Gone Wild' Case." You can access yesterday's ruling by clicking here. Posted at 10:12 AM by Howard Bashman In jurisprudence essays available online from Slate: Dahlia Lithwick has an essay entitled "Rational Lampoon: How to make a thorny constitutional question disappear" in which she analyzes yesterday's same-sex marriage ruling (links to that ruling can be accessed via this earlier post) from the Washington State Supreme Court. And Emily Bazelon has an essay entitled "Hamdan Hoax, Part 3: The mistaken defense of Sens. Kyl and Graham." Intermediate appellate court in Texas vacates law professor's conviction for using her car to intentionally run down a bicyclist: You can access at this link yesterday's ruling of the Court of Appeals for the Fifth District of Texas at Dallas. My initial coverage of this matter appeared in July 2004 in a post titled "Law professor gains first-hand experience in criminal law and torts." Post covering the trial, which occurred in June 2005, can be accessed here, here, and here. "Specter takes step to halt Bush signing statements; Says Congress needs power to sue president": Charlie Savage has this article today in The Boston Globe. Posted at 07:37 AM by Howard Bashman "Rules Debated for Trials of Detainees": This article appears today in The New York Times. And The Washington Post reports today that "Proposal Calls for Tribunal-Style Trials; Plan for Detainees Was Created Without Much Input From Military Lawyers." "Administration and Critics, in Senate Testimony, Clash Over Eavesdropping Compromise": The New York Times contains this article today. And The Washington Post reports today that "Officials Urge Law to Allow Eavesdropping; Foreign Calls Routed Through U.S. at Issue." "Lawyer Is Upping the Ante in Claims of Idea Theft in Hollywood": This article appears today in The New York Times. Posted at 07:28 AM by Howard Bashman "U.S. Can Withhold Security Firm Data; The Times loses its bid in court for the names of contractors involved in shootings in Iraq": David G. Savage has this article today in The Los Angeles Times. Posted at 07:27 AM by Howard Bashman "Investors' Class-Action Lawsuits Drop Sharply; Stock Gains, Governance Measures Cited": The Washington Post contains this article today. Posted at 07:25 AM by Howard Bashman "Parental Notification": This editorial appears today in The New York Times. Posted at 07:23 AM by Howard Bashman "Threats up against federal judges; Marshals boost investigator ranks": Today's edition of USA Today contains this front page article, along with a related article headlined "Judges clamor for protection after killings, threats." Posted at 07:10 AM by Howard Bashman "White House Sticks To Wiretap Argument; Despite Backlash, Lawyers Defend Presidential Authority In Letters to Lawmakers": This article (free access) appeared yesterday in The Wall Street Journal. Posted at 07:05 AM by Howard Bashman "Democrats Oppose Bill Denying Attorneys' Fees": Today in The New York Sun, Josh Gerstein has an article that begins, "Democratic lawmakers in the House are expressing strong opposition to legislation that would deny attorneys' fees to individuals and groups who win cases challenging government actions as a violation of the Constitution's prohibition on the establishment of religion." Posted at 07:03 AM by Howard Bashman Wednesday, July 26, 2006 "In U.S. Prisons, Thousands Spend Years in Isolation": National Public Radio today issued this written report. And this evening's broadcast of "All Things Considered" contained two related audio segments entitled "At Pelican Bay Prison, a Life in Solitary" and "Solitary Confinement at Pelican Bay, Part II" (RealPlayer required). Posted at 11:50 PM by Howard Bashman "Ohio Supreme Court Rejects Taking of Homes for Project": Thursday's edition of The New York Times will contain this article. Posted at 11:45 PM by Howard Bashman "Washington Court Upholds Ban on Gay Marriage": This article will appear Thursday in The New York Times. And The Washington Post on Thursday will report that "Washington State Upholds Ban on Same-Sex Marriage." Philadelphia Phillies 6, Arizona Diamondbacks 4: My son and I tonight were a part of the largest crowd ever in the history of Citizens Bank Park, exactly 45,459 fans. They were in attendance not only to see a Phillies victory, but also to obtain this evening's promotional give-away, an American Red Cross Ryan Howard Bobble Figurine. You can access the box score of tonight's game at this link, while wraps are available here and here. Meanwhile, in related news, "Phils trade Fasano to Yankees." "Accordingly, for the foregoing reasons, we conclude that a routine dismissal of a prisoner's complaint for failure to exhaust administrative remedies does not qualify as a strike for purposes of the PLRA." So concludes an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today in a case involving the Prison Litigation Reform Act. Posted at 04:50 PM by Howard Bashman "White House Bill Proposes System to Try Detainees": This article appears today in The New York Times. Posted at 04:40 PM by Howard Bashman "Judge Rejects Customer Suit Over Records From AT&T": Today in The New York Times, Adam Liptak has an article that begins, "A federal judge in Chicago dismissed a class-action lawsuit yesterday against AT&T that claimed it had illegally given information about its customers to the National Security Agency. The judge, Matthew F. Kennelly, based his ruling on the state secrets privilege, which can bar suits that would disclose information harmful to national security." The Chicago Tribune reports today that "Phone records lawsuit dismissed." And The Chicago Sun-Times reports that "Studs Terkel's suit over phone records thrown out." I have posted online at this link a copy of yesterday's ruling of the U.S. District Court for the Northern District of Illinois. "Washington Court Upholds Ban on Gay Marriage": Adam Liptak of The New York Times provides this news update. Posted at 04:05 PM by Howard Bashman "The Roberts Court: What Can This Term Tell Us About the Future of the Court?" That's the title of this week's broadcast of the public radio program "Justice Talking." You can access the audio online in both Windows Media and mp3 formats. Guests on the broadcast, recorded earlier this month at the National Constitution Center in Philadelphia, were Joan Biskupic and Law Professors Richard A. Epstein and Kathleen M. Sullivan. "Presidential Signing Statements": This audio segment (available in both RealPlayer and Windows Media Player formats) featuring former blogger Michelle Boardman and others appeared on today's broadcast of the public radio program "On Point." Posted at 03:44 PM by Howard Bashman "Ohio Supreme Court rules city can’t take property for economic development": The Columbus Dispatch provides this news update. And The Toledo Blade provides a news update headlined "Ohio Supreme Court strikes down eminent domain in economic development." My earlier coverage appears at this link. On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained audio segments entitled "Senate Limits Interstate Abortions for Minors" and "Flexibility Built into Mass. Abortion Law" (RealPlayer required). Posted at 02:33 PM by Howard Bashman On pending federal appellate court judicial nominations: The Wall Street Journal today contains an editorial entitled "An ABA Hit Job: Political payback against a judicial nominee" (free access). Yesterday, a post titled "The Majority Leader on Judges" appeared at Hugh Hewitt's blog. And the Center for Investigative Reporting notes here that yesterday "In a 'Dear Colleague' letter, Majority Leader Frist and Judiciary Committee Chairman Specter send Boyle's explanation of his conflicts of interest to fellow senators." "Payback is ... an obstacle to mootness": Back on April 13, 2006, I published a post bearing that title that stated, in full: Today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reverses the dismissal on mootness grounds of a taxpayers' establishment clause challenge to a grant of money by the Secretary of Education to the University of Notre Dame to be used for a program called Alliance for Catholic Education. Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Terence T. Evans joined. Circuit Judge Diane S. Sykes dissented, writing that she would affirm the district court's dismissal for mootness.Today the Seventh Circuit issued an order denying rehearing en banc in the case, accompanied by a short opinion from the majority on the original three-judge panel clarifying two points in response to the petitions for rehearing. Posted at 02:04 PM by Howard Bashman Chicago arrested and imprisoned the wrong man: Later, after the error was corrected, the man brought a federal civil rights suit against the city's sheriff, and a jury awarded $750,000 in damages. Today, in an opinion that Circuit Judge Frank H. Easterbrook issued on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, the jury's award in favor of the man is reversed. Judge Easterbrook writes: "The Sheriff’s policy is simple: Ignore all claims of misidentification (and any other version of the assertion that a suspect is innocent). It is the same policy that Tommy Lee Jones (portraying a U.S. Marshal) announced in The Fugitive when Harrison Ford's character proclaimed his innocence: 'I don’t care.' A judge had committed Ford's character to prison, and that was that. We hold that it is an entirely lawful policy unless the custodian knows that the judge refuses to make an independent decision or there is doubt about which person the judge ordered held." "The district court correctly held that at this early stage of the oil and gas program in the NWPA of Alaska, the FEIS prepared by BLM did not violate NEPA or the ESA." So concludes an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today, rejecting an environmental challenge to leases of vast reaches of the northernmost part of the State of Alaska, known as the Northwest Planning Area, that would enable oil companies to undertake exploration to determine what sites, if any, can be developed for productive drilling. Posted at 01:42 PM by Howard Bashman "State Supreme Court upholds Defense of Marriage Act": The Olympian of Olympia, Washington provides this news update. Posted at 01:32 PM by Howard Bashman "State Supreme Court upholds gay marriage ban": The Seattle Times provides this news update. Posted at 12:30 PM by Howard Bashman BREAKING NEWS -- The Washington State Supreme Court upholds as lawful that state's Defense of Marriage Act prohibiting same-sex marriage: The lead opinion states: "The two cases before us require us to decide whether the legislature has the power to limit marriage in Washington State to opposite-sex couples. The state constitution and controlling case law compel us to answer 'yes,' and we therefore reverse the trial courts." The six separate opinions issued in the case can be accessed via this link. Washington State's Supreme Court consists of nine justices. Three justices joined in the lead opinion. The Chief Justice, who joined in that lead opinion, also issued a concurring opinion. Two other justices joined in an opinion concurring in the judgment only, thereby giving rise to a total of five votes to uphold the challenged law. The remaining four justices dissented. They all joined in the lead dissenting opinion. One of the four also issued a separate dissent. Two other dissenters joined in a third dissenting opinion. In early news coverage, The Seattle Post-Intelligencer reports that "State's high court upholds ban on gay marriage." And The Associated Press reports that "Wash. Court Upholds Gay Marriage Ban." "Home-taking overruled": The Cincinnati Enquirer provides a news update that begins, "The city of Norwood cannot use 'deteriorating' as a standard for blight to justify the taking of homes by eminent domain, the Ohio Supreme Court ruled this morning." And The Associated Press reports that "High court says city can't take property for economic development." You can access today's ruling of the Supreme Court of Ohio at this link. Justice Maureen O'Connor wrote the opinion on behalf of a unanimous court. Ohio's highest court also issued a news release headlined "Portion of Eminent Domain Law Unconstitutional, Norwood Taking for Development Overturned." Thanks to Will Baude for the pointer. "Washington DOMA Ruling Today": At his "Law Dork" blog, Chris Geidner previews the ruling, which is expected to become available online via this link in about thirty minutes from now. Posted at 10:30 AM by Howard Bashman "'N.Y. Times' Reporter Speaks At Chautauqua": The Post-Journal of Jamestown, New York today contains an article that begins, "Linda Greenhouse is what some Supreme Court watchers have called the 10th justice. She avoided acknowledging the weighty title while speaking before Chautauquans at the Hall of Philosophy on Tuesday, but said 28 years covering the Supreme Court for The New York Times have given her an interesting vantage point." Posted at 09:10 AM by Howard Bashman "Missouri Execution Ban Stands; The state revises its procedure for lethal injections but can't find an anesthesiologist to take part and prevent unnecessary suffering": Henry Weinstein has this article today in The Los Angeles Times. And The Kansas City Star reports today that "New protocol deemed inadequate; Appeals court to decide whether state’s new execution procedure is constitutional." "Church and State": The New York Sun today contains an editorial that begins, "Some parents in Maine are trying to turn up the heat on Justice Kennedy in respect of education and the First Amendment. The parents have filed a petition asking the Supreme Court to overturn Maine's relatively recent exclusion of religious schools from its century-old school choice program." Update: The Institute for Justice yesterday issued a press release entitled "Parents Ask U.S. Supreme Court To End Religious Discrimination & Vindicate Full School Choice." A copy of the petition for certiorari filed yesterday can be viewed at this link, while the Main Supreme Judicial Court's ruling is available here. "Strip the courts": Terence Jeffrey has this essay today at Townhall.com. Posted at 08:30 AM by |
