|
|
|
Monday, July 21, 2008 "Louisiana seeks change on death penalty": At "SCOTUSblog," Lyle Denniston has this post on the rehearing petition that the State of Louisiana filed today in Kennedy v. Louisiana. And The Times-Picayune of New Orleans provides a news update headlined "Jeff DA will fight to execute child rapists." Refusing to look beyond statutory text to also consider legislative history, the Fifth Circuit creates a circuit split regarding whether a plaintiff must prove an adverse effect on competition to establish a violation of Packers and Stockyards Act sections 202(a)-(b): Today's ruling, by a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, can be accessed here. Today's majority opinion acknowledges that it creates a circuit split and that "the great weight of authority in our sister Circuits is to the contrary." Presumably those advocates desperate for additional U.S. Supreme Court face-time will now begin scurrying to represent the losing parties in the case. Posted at 05:35 PM by Howard Bashman "Justice Dept. Agreed to Grill Reporter, Then Balked": Josh Gerstein of The New York Sun has a news update that begins, "Over the government's objections, a federal judge is making public details of the Justice Department's internal deliberations about whether to force a Washington Times reporter to identify his sources for reporting about planned charges in a Chinese espionage case." Posted at 05:17 PM by Howard Bashman "U.S. Judge Charles L. Brieant dies, ruled in many notable cases": The News Journal of Westchester, New York provides this update. Posted at 04:25 PM by Howard Bashman "JQC recommends public reprimand for appeal judge": Saturday's edition of The St. Petersburg Times contained an article that begins, "No Florida judge ever has been disciplined for something he wrote in a court opinion, but a divided Judicial Qualifications Commission panel Friday recommended a public reprimand for 1st District Court of Appeal Judge Michael E. Allen." Saturday's edition of The Pensacola News Journal contained an article headlined "Board chides judge; Panel finds that Allen's criticism harmed judiciary." And The Associated Press reports that "Panel Recommends Florida Judge Be Reprimanded; Appellate judge Michael Allen insinuated a judge was corrupt." Last Friday, the Hearing Panel of Florida's Judicial Qualifications Commission submitted its Findings, Conclusions and Recommendations to the Supreme Court of Florida. And today, the Supreme Court of Florida issued this scheduling order governing further proceedings in the case. I wrote about this case in the May 14, 2007 installment of my "On Appeal" column for law.com, headlined "When Should a Judge Face Discipline for What an Opinion Says?" "Habeas Corpus And Bin Laden's Driver": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:50 PM by Howard Bashman "Mukasey Asks Congress to Write New Rules on Detainees": The Washington Post provides this news update. The New York Times has a news update headlined "Administration Calls for Action on Detainees." And Lara Jakes Jordan of The Associated Press has an article headlined "Mukasey: Congress should set rules for detainees." C-SPAN has posted video of the Attorney General's remarks at this link (RealPlayer required). "Court tosses FCC 'wardrobe malfunction' fine; The ruling releases CBS from paying a $550,000 penalty levied for Janet Jackson's breast-baring incident during the 2004 Super Bowl halftime show; It's also a blow to the FCC's indecency policy": Jim Puzzanghera of The Los Angeles Times has this news update. The New York Times has a news update headlined "Court Throws Out Super Bowl Fine." Reuters reports that "Court overturns CBS fine over Janet Jackson." And Bloomberg News reports that "CBS Wins Court Ruling Throwing Out $550,000 FCC Fine." My earlier coverage of today's Third Circuit ruling appears at this link. "Some evidence excluded as war trial opens": Carol Rosenberg of The Miami Herald has a news update that begins, "A military judge without explanation on Monday excluded from the trial of Osama bin Laden's driver any FBI or other interrogations of him at Bagram Air Base in Afghanistan, then began seating a military jury in the first U.S. war crimes tribunal since World War II." The Washington Post has a news update headlined "Detainee's Trial in Military System Begins." And The Associated Press reports that "Former bin Laden driver pleads not guilty." "Court tosses FCC 'wardrobe malfunction' fine": The Associated Press provides a report that begins, "A federal appeals court on Monday threw out a $550,000 indecency fine against CBS Corp. for the 2004 Super Bowl halftime show that ended with Janet Jackson's breast-baring 'wardrobe malfunction.'" You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. According to the majority opinion, written by Third Circuit Chief Judge Anthony J. Scirica, "The sanctions stem from CBS's live broadcast of the Super Bowl XXXVIII Halftime Show, in which two performers deviated from the show's script resulting in the exposure of a bare female breast on camera, a deceitful and manipulative act that lasted nine-sixteenths of one second. CBS transmitted the image over public airwaves, resulting in punitive action by the FCC." The opinion holds that the Federal Communication Commission's apparently new policy of treating fleeing images of indecency more harshly than fleeting indecent utterances to be arbitrary and capricious under the Administrative Procedure Act. The opinion's conclusion begins: In finding CBS liable for a forfeiture penalty, the FCC arbitrarily and capriciously departed from its prior policy excepting fleeting broadcast material from the scope of actionable indecency. Moreover, the FCC cannot impose liability on CBS for the acts of Janet Jackson and Justin Timberlake, independent contractors hired for the limited purposes of the Halftime Show, under a proper application of vicarious liability and in light of the First Amendment requirement that the content of speech or expression not be penalized absent a showing of scienter."The majority opinion remands the matter to the FCC for further proceedings. Circuit Judge Marjorie O. Rendell dissents from this aspect of the ruling, arguing that the FCC remains free to declare its future policy applicable to fleeting indecent images without exposing CBS to the burden and expense of further administrative proceedings in this case. Posted at 10:45 AM by Howard Bashman "Historic first terror trial opens at Guantanamo Bay, Cuba; Hamdan case tests special courts for 'illegal enemy combatants'": Warren Richey has this article today in The Christian Science Monitor. Yesterday in The Miami Herald, Carol Rosenberg had an article headlined "Much to learn about Hamdan, whose trial begins Monday." The Washington Post reports today that "Detainee's Trial in Military System Begins Today." And USA Today reports that "Jury selection today in Gitmo trial; Bin Laden aide may face life in prison." "U.S. Supreme Court Justices John Paul Stevens and Antonin Scalia spoke at the Seventh Circuit Court of Appeals Judicial Conference": You can view this past Saturday's broadcast of C-SPAN's "America & the Courts" by clicking here (RealPlayer required). Posted at 08:14 AM by Howard Bashman Available online from law.com: Tony Mauro reports that "Law Professor Challenges Tale About Blackmun and Race; George Mason professor's article addresses popular conceptions about late Supreme Court justice's 'Flood v. Kuhn' decision." Law Professor Ross E. Davies has made his article, titled "A Tall Tale of the Brethren" (abstract with links for download), available for download via SSRN. And an article reports that "Lawyer Wins Lengthy Fee Fight With Former Client at Texas Supreme Court."  
|
|
|
||||||||||||||
