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Monday, July 09, 2007 "Senate OKs Judge Who Attended Gay Union": The Associated Press provides this report. This evening, the U.S. Senate approved the nomination of Janet T. Neff to be a U.S. District Judge for the Western District of Michigan by a vote of 83-4. You can access at this link The New York Times wedding announcement that gave rise to the controversy. Posted at 11:55 PM by Howard Bashman "State Supreme Court moves up Genarlow Wilson hearing": The Atlanta Journal-Constitution provides a news update that begins, "The Georgia Supreme Court has voted to hold a hearing more than two months earlier than originally planned in the case of a Douglas County man who is serving a 10-year prison sentence for receiving oral sex from a 15-year-old girl when he was 17. A hearing is now set in Genarlow Wilson's case for July 20 at 10 a.m." And The Associated Press reports that "Court Expedites Appeal in Teen Sex Case." "A controversy is brewing over Snapple labels; Suit disputes 'all natural' claim": This article appeared last Friday in The Newark (N.J.) Star-Ledger. Posted at 06:00 PM by Howard Bashman "He Says He Owns the Word 'Stealth' (Actually, He Claims 'Chutzpah,' Too)": A little over two years ago -- on July 4, 2005 -- The New York Times published an article that begins, "Can a man own a word? And can he sue to keep other people from using it? Over the last few years, Leo Stoller has written dozens of letters to companies and organizations and individuals stating that he owns the trademark to 'stealth.' He has threatened to sue people who have used the word without his permission. In some cases, he has offered to drop objections in exchange for thousands of dollars. And in a few of those instances, people or companies have paid up." One such lawsuit today resulted in a decision from the U.S. Court of Appeals for the Seventh Circuit. And the lead defendant being sued for using the word "stealth" to market a product happens to be Hall of Fame baseball legend George Brett, whose company sells a wooden baseball bat that is called "Stealth" (sixth item). Because the case involves George Brett and baseball bats -- and because today's decision was written by Circuit Judge Terence T. Evans, who is one of the Seventh Circuit's most avid sports fans -- it comes as no surprise that the opinion begins with a thoughtful remembrance of the pine tar incident. Judge Evans's opinion provides a link to this YouTube clip of the incident. Other coverage is available from MLB.com (here and here) and ESPN.com. For TimesSelect subscribers, much additional coverage can be accessed via the web site of The New York Times: "Brett Homer Nullified, So Yankees Win"; "Fans Savor Game's Fine Print"; "A Piece of Wood is Much Coveted"; "Kansas City Wins Protest on Canceled Homer"; "Text of League President's Ruling in Brett Bat Case"; "Angry Yankees Defend the Rules and Umpires"; "How Baseball Became Unstuck by a Rules Dispute"; "Resumed Game Ends in 5-4 Yankee Loss to Royals"; "Anger Dies; Bat Lives On"; and "The Pine-Tar Incident: 10 Years Ago Brett Lost His Grip and a Home Run." "Bush Denies Congress Access to Aides; Move Sets Up Showdown With Congress Over Executive Power": The Washington Post provides this news update. The New York Times provides a news update headlined "Bush Denies Congress Access to Aides." The Los Angeles Times provides a news update headlined "White House says it won't hand over documents on attorney firings." Reuters reports that "W. House dares Congress to fight in court." Bloomberg News reports that "Bush Directs Ex-Aides Not to Testify About Firings." And The Associated Press provides this report. You can access the "Communication to Congress on President's Assertion of Executive Privilege" at this link. "When court's out, school's in for Supreme Court justices": Michael Doyle of McClatchy Newspapers provides this report. Posted at 02:54 PM by Howard Bashman The White House offers its views on the permissibility of having I. Lewis "Scooter" Libby serve his sentence of supervised release even though his sentence of imprisonment has been commuted: You can view the letter from White House Counsel Fred F. Fielding -- dated Friday, July 6, 2007 but filed with the U.S. District Court for the District of Columbia today -- at this link. Posted at 02:30 PM by Howard Bashman "Former Texas Supreme Court Justice John Hill dies": The Houston Chronicle provides this news update. And The Austin American-Statesman provides a news update headlined "John Hill, former Texas chief justice and attorney general, dies; A winner thrice, he became first Democratic nominee to lose for governor in 100 years." "Woman Sues Porn Star Over Name": KPRC Local 2 of Houston provides this report. Posted at 02:20 PM by Howard Bashman "Crater first raises a frontal attack on the constitutionality of AEDPA. He claims that ... a provision of AEDPA limiting the grounds for federal habeas relief for prisoners convicted in state court, violates the Suspension Clause and interferes with the independence of federal courts under Article III." A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued this decision rejecting those challenges. Posted at 12:50 PM by Howard Bashman Obviousness and "the discovery that blood from a newborn infant's umbilical cord is a rich source of a type of stem cells useful for rebuilding an individual's blood and immune system after that system has been compromised": A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit today issued this 76-page decision in a patent dispute. Posted at 11:42 AM by Howard Bashman "Did a Federal Appeals Court Avoid Tackling the Real Issues Behind Football Fan's Lawsuit? 11th Circuit rules that season ticket-holder can't object to being searched upon entering stadium." Today's installment of my "On Appeal" column for law.com can be accessed at this link. Posted at 09:00 AM by Howard Bashman "Epic Battle Shapes Up in Capital; A Test of Privilege for White House": Josh Gerstein has this article today in The New York Sun. Posted at 08:59 AM by Howard Bashman "Police stifle bill on discipline hearings access": The San Francisco Chronicle today contains an article that begins, "Legislation that would increase Californians' access to police disciplinary records by rolling back a 2006 state Supreme Court ruling appears to be dead for the year -- the victim of formidable law enforcement opposition." Posted at 08:57 AM by Howard Bashman "Sex, lies and audiotapes: Douglas prosecutor crossed a line when he tried to intimidate mother of teen in Wilson case." The Atlanta Journal-Constitution today contains an editorial that begins, "At a basic level, the Genarlow Wilson case and the ensuing controversy represent the consequences of crossing boundaries." Posted at 08:45 AM by Howard Bashman "Quiet hero lets truth speak loudly": Columnist Robyn Blumner had this Guantanamo-related op-ed yesterday in The St. Petersburg Times. Posted at 08:37 AM by Howard Bashman "Lawmakers to work on shutting down Guantanamo facility; Senate amendment would grant legal rights to detainees": This article appears today in USA Today. Posted at 08:30 AM by Howard Bashman "Fight over Thou Shalts won't wilt; Fargo council hands down its word, but foes vow to move biblical marker": Today's issue of USA Today contains an article that begins, "A Ten Commandments monument will remain on the lawn outside City Hall in Fargo, N.D., for now, but the City Commission's recent vote to keep it there won't end controversy over the marker." Posted at 08:14 AM by Howard Bashman "Clarence Thomas Is Right": At his "Think Again" blog, Stanley Fish has a post (TimesSelect subscription required) that begins, "On June 25th the Supreme Court held in Morse v. Frederick that it was alright to discipline a high school student because he and some of his friends had unfurled a banner reading 'Bong Hits 4 Jesus' at a school-sponsored event." Posted at 08:11 AM by Howard Bashman "Last Term's Winner at the Supreme Court: Judicial Activism." Adam Cohen has this "Editorial Observer" essay today in The New York Times. Posted at 08:07 AM by Howard Bashman "Fitzgerald May Testify on Prosecution of Libby Case, Leahy Says": Bloomberg News provides this report. And The Washington Times reports today that "Democrats call Libby 'silenced.'" "New View of Brown v. Board Unlikely To Sway One Judge": Today in The New York Sun, Joseph Goldstein has an article that begins, "Before becoming one of the country's legendary trial judges, Jack B. Weinstein played a supporting role in one of the 20th century's defining court cases." Posted at 07:54 AM by Howard Bashman "The Supreme Court's 'Bong Hits 4 Jesus' First Amendment Decision: How Its Betrayal of Free Speech Principles May Have Influenced A Recent Federal Appellate Decision." Julie Hilden has this essay online today at FindLaw. Posted at 07:42 AM by Howard Bashman "State secrets privilege: Congress, make it qualified." Sharon Bradford Franklin has this essay in today's issue of The National Law Journal. Posted at 07:41 AM by Howard Bashman In today's issue of Legal Times: Tony Mauro has an article headlined "At the High Court, Sometimes It's Personal" that begins, "The timbre of Donald Verrilli Jr.’s voice changes when he argues a pro bono case to the U.S. Supreme Court." And in other news, "Conservatives Fear 4th Circuit Slipping Away; Inaction from the White House and gridlock on the Hill leave four slots sitting vacant." "Third Strike: A Supreme Court ruling on Guantanamo that the Bush administration can't sidestep?" Benjamin Wittes has this essay online today at The New Republic. Posted at 07:32 AM by Howard Bashman  
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