Available online from law.com:
Pamela A. MacLean of The National Law Journal reports that "Judicial Advisers Line Up Behind Obama, McCain; Influential attorneys on both sides look to reshape federal bench
And Shannon P. Duffy reports that "Splenda Awarded Injunction Against Generic Sweetener."
"Nichols' lawyers ask for shorter work week; Judge in Fulton Courthouse murder case says no":
The Atlanta Journal-Constitution provides this news update
And law.com reports that "Judge Rejects Final Bids to Delay Trial of Ga. Courthouse Shooter; Questions over defense motion to boot county prosecutors off the case and plan to move case won't stop voir dire."
Articles and papers of interest available for download via SSRN: Steven G. Calabresi
and Sarah E. Agudo have posted an article titled "Individual Rights Under State Constitutions When the Fourteenth Amendment Was Ratified in 1868: What Rights are Deeply Rooted in American History and Tradition?
" (abstract with link for download; via "Legal Theory Blog
Thomas Colby has posted an article titled "Clearing the Smoke from Philip Morris v. Williams: The Past, Present, and Future of Punitive Damages" (abstract with links for download; via "Legal Theory Blog").
Paul Hughes has a paper titled "Not a Failed Experiment: Wilson-Saucier Sequencing and the Articulation of Constitutional Rights" (abstract with link for download; via "Legal Theory Blog").
And Larry Alexander and Saikrishna Prakash have an article titled "Tempest in an Empty Teapot: Why the Constitution Does Not Regulate Gerrymandering" (abstract with links for download; via "Legal Theory Blog").
"The question whether the equitable doctrine of laches may bar a claim for copyright infringement that was filed within the statute of limitations has generated a circuit split and is a question of first impression in this circuit."
In a Scientology-related ruling
issued today, the U.S. Court of Appeals for the Eleventh Circuit
holds that "[o]nly in the most extraordinary circumstances will laches be recognized as a defense" to a claim for copyright infringement.
"Shocking Ruling From The Seventh Circuit: 'Less' Doesn't Mean 'More.'"
Sean Costello has this post
at the "Drug and Device Law" blog.
My earlier coverage of last month's Seventh Circuit ruling appears at this link.
"Court keeps cell tower backup rules on hold":
The Associated Press has this report
on a ruling
that the U.S. Court of Appeals for the D.C. Circuit
"The Election and the Supreme Court--Possible Vacancies Ahead?"
Doug Kmiec has this post
at Slate's "Convictions" blog.
If the Chief Justice can quote Bob Dylan, then surely a D.C. Circuit Judge can quote Jimi Hendrix:
And you don't have to look beyond the first line of D.C. Circuit
Judge Janice Rogers Brown
's opinion issued today
for the lyric in question.
"US war crimes court to resume at Guantanamo":
The Associated Press provides this report
And Carol Rosenberg of The Miami Herald has a news update headlined "ACLU: Treasury Dept. is stonewalling Gitmo attorneys."
"McCain newly assertive on judicial philosophy": This article
appears today at Politico.com.
"The (Chief) Justice League: Has Roberts really engineered a Supreme detente?"
Lester Feder has this "Campaign Desk" item
online at the Columbia Journalism Review.
"Abu-Jamal seeks new trial in Phila. officer's slaying":
Today in The Philadelphia Inquirer, Emilie Lounsberry has an article
that begins, "Pennsylvania death-row inmate Mumia Abu-Jamal has asked a federal appeals court to reconsider the decision that denied him a new trial in the 1981 slaying of Philadelphia Police Officer Daniel Faulkner."
My earlier coverage of the Third Circuit's ruling from March 2008 appears here and here.
May a criminal defendant who has chosen to represent himself at trial without the assistance of counsel elect, through disruptive conduct that causes him to be removed from the courtroom, to forfeit his ability to cross-examine adverse witnesses?
The U.S. Court of Appeals for the Second Circuit
, in a ruling
issued today, suggests that this question is worthy of U.S. Supreme Court
"A Historian, a Lawyer, and the Heller Decision":
Yesterday, Bloggingheads.tv posted online this diavlog
consisting of a discussion between Jack Rakove
and Eugene Volokh
Rakove's recent Chicago Tribune op-ed about the case was entitled "Scalia's selective history."
"Judge sends rambling lawsuit back for a rewrite; Lawyers aren't particularly known for brevity, but Vancouver, Wash., lawyer Dean Browning Webb has taken wordiness to new extremes, according to a federal judge who ordered Webb to tighten his 465-page lawsuit": This article
appeared last Friday in The Seattle Times.
And The Associated Press reports that "Wash. judge tells verbose lawyer to make it snappy."
I have posted online at this link the recent ruling of the U.S. District Court for the Western District of Washington.
"Scholars & Scribes Review the Rulings: The Supreme Court's 2007-2008 Term."
The Heritage Foundation will be hosting this event
beginning at 10 a.m. eastern time today. According to that organization's web site, video of the event (once it begins) can be viewed live, online using either RealPlayer
or Windows Media Player
Update: Now that the event has ended, you can access the video online, on-demand by clicking here (Windows Media Player required).
"Put War Powers Back Where They Belong":
James A. Baker III and Warren Christopher have this op-ed
today in The New York Times.
"Compromising the Constitution":
The New York Times today contains an editorial
arguing that "[t]he Senate should reject a bill this week that would needlessly expand the government's ability to spy on Americans and ensure that the country never learns the full extent of President Bush's unlawful wiretapping."
The newspaper also contains a related op-ed by Morton H. Halperin entitled "Listening to Compromise."
"State high court denies new trial for Iraq vet":
Bill Rankin has this article
today in The Atlanta Journal-Constitution. According to the article, "The grisly Muscogee County murder loosely inspired the movie, 'In the Valley of Elah
You can access yesterday's ruling of the Supreme Court of Georgia at this link.
"Registry law called 'unfair to homeless'; Sex offenders are required to list an address, even if they don't have one":
Today in The Atlanta Journal-Constitution, Bill Rankin has an article
that begins, "Georgia's sex offender registry law should be struck down because it makes homelessness a crime, a lawyer told the state's highest court on Monday."
"Court Nominee Accused of Plagiarism Won't Withdraw":
The Washington Post contains this article
And, as I previously noted in this post, last Friday in The New York Times, Adam Liptak had an article headlined "Copying Issue Raises Hurdle for Bush Pick."
"9/11 Families Lose Bid To Search For Remains": This article
appears today in The New York Times.
And today in The New York Sun, Joseph Goldstein reports that "Judge Rules for City on Search for September 11 Victim Remains."
You can access yesterday's ruling of the U.S. District Court for the Southern District of New York at this link.
Available online from law.com:
Tony Mauro reports that "Souter Causes Stir With Footnote in 'Exxon' Case; What did the justice mean with brief reference to Exxon paying for studies?
And in other news, "Judge Calls Lawyers Greedy but Panel Approves Fees; 11th Circuit judges issue three separate opinions on reward for foster care case." My earlier coverage of last Thursday's Eleventh Circuit ruling appears at this link.