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Tuesday, July 24, 2007 "Supreme Court Justice Stephen Breyer at the Aspen Institute": C-SPAN describes this past Saturday's broadcast (RealPlayer required) of "America & the Courts" as follows, "Supreme Court Justice Stephen Breyer discusses Democracy and the Court with the New Republic's Jeffrey Rosen at the Aspen Institute in Aspen, CO. He talks about the recent Supreme Court term and his dissent in the school integration cases." In addition, you can view the slightly longer entire event by clicking here (RealPlayer required). "Justice Stevens: 9th Circuit's Reversal Record at High Court 'Misleading.'" Pamela A. MacLean of The National Law Journal provides this report. Posted at 10:27 PM by Howard Bashman "Rosen's 'Restraint': A term review." Today at National Review Online, Matthew J. Franck has an essay that begins, "Jeffrey Rosen has registered some thoughts on the recently concluded term of the Supreme Court that are occasionally interesting and informative." Posted at 10:14 PM by Howard Bashman "Standing General -- Alberto Gonzales: petulant, embarrassing, triumphant." Eve Fairbanks has this essay online at The New Republic. Posted at 09:58 PM by Howard Bashman "This Guy's Still Here?: Gonzales cringes some more before the Senate." Emily Bazelon has this essay online at Slate. Posted at 09:55 PM by Howard Bashman "Gonzales says he didn't pressure Ashcroft; He testifies that his controversial hospital visit came after a meeting with congressional leaders who wanted to continue the warrantless surveillance program": The Los Angeles Times provides this news update. The Washington Post provides a news update headlined "Gonzales Denies Pressuring Ashcroft." And McClatchy Newspapers report that "GOP senator threatens legal action against White House." "$54M Pants Star in Fundraiser": The Associated Press provides a report that begins, "A now-famous pair of pants was the star attraction at a fundraiser Tuesday meant to help pay the bills of a dry-cleaner couple caught in a legal stitch." Posted at 09:00 PM by Howard Bashman "Why Do Some Republican Supreme Court Justices 'Evolve' While Others Don't?" At "Dorf on Law," Law Professor Michael C. Dorf has this post pointing to his new article, "Does Federal Executive Branch Experience Explain Why Some Republican Supreme Court Justices 'Evolve' and Others Don't?" Posted at 08:59 PM by Howard Bashman "Court Stops Longer Drives for Truckers": Jesse J. Holland of The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Update: The New York Times provides a news update headlined "Court Strikes Down Longer Hours for Truckers." "A call for education: Partisan elections for judges called a 'ghastly' practice." The Traverse City (Mich.) Record-Eagle today contains an article that begins, "Former United States Supreme Court Justice Sandra Day O'Connor called on state chiefs to rally around an eroding concept of judicial independence at a closing session of the National Governors Association." Posted at 04:44 PM by Howard Bashman "African American voters in Glades County, Florida, challenge the at-large method of electing members of the County Commission and School Board, claiming that it depreciates their right to vote on account of their race": And today, the majority on a divided three-judge Eleventh Circuit panel reverses the entry of judgment against those voters on their vote dilution claims. Circuit Judge Rosemary Barkett wrote the majority opinion, in which Senior Circuit Judge Alfred T. Goodwin (sitting by designation from the Ninth Circuit) joined. Circuit Judge Gerald Bard Tjoflat dissented from the ruling. Update: Law Professor Rick Hasen -- whose new book "Remedies: Examples & Explanations" arrived in today's mail -- has a post titled "In Important Case that Could End up at the Supreme Court, 11th Circuit, on 2-1 Vote, Orders Trial on Section 2 Vote Dilution Claim from Glades County, Florida." "Lawyers Say Guantanamo Trial a 'Charade'": The Associated Press provides a report that begins, "The first military trial of a terror suspect at Guantanamo Bay in Cuba was a 'charade' played out for the public and media to protect U.S. government interests, Australia's leading lawyers' association said Tuesday." The Law Council of Australia today issued a news release titled "Hicks Report a Reminder of Government's Failure to Protect a Citizen's Rights." And via this link, you can download both the "Final Report of Independent Legal Observer, Lex Lasry QC - 24 July 2007 " and a summary of that report. "The Torture Two-Step: Bush's new torture order and its loopholes." Phillip Carter has this jurisprudence essay online at Slate. Posted at 12:53 PM by Howard Bashman "Fourth Amendment Rights in Files Stored on Password-Protected Websites": At "The Volokh Conspiracy," Orin Kerr has this post about a ruling that the U.S. District Court for the District of Massachusetts issued last Friday. Posted at 12:17 PM by Howard Bashman "FBI feared Cotroni hit; Mob boss was investigated for alleged plot to assassinate chief justice of top U.S. court": Two Wednesdays ago, The Montreal Gazette published an article that begins, "Montreal mob boss Frank Cotroni and high-ranking U.S. mobsters were once investigated for an alleged plot to assassinate the top judge in the United States, according to newly released FBI documents. The investigation into the alleged plot to assassinate Chief Justice Warren Burger of the U.S. Supreme Court began in December 1981 after an informant came forward with details of a jailhouse plot. It ended 15 months later with no charges being laid." And last week, Lara Jakes Jordan of The Associated Press reported that "Mafia allegedly plotted hit on Justice Burger, FBI files show." U.S. Court of Appeals for the Federal Circuit decides patent dispute between two providers of online dispute resolution systems: You can access today's non-precedential ruling, which details how these systems work, at this link. Posted at 12:05 PM by Howard Bashman "[W]e revisit an issue last addressed by us 15 years ago: what is the effect of a forum selection clause on a complaint that asserts claims arising under the Copyright Act?" The U.S. Court of Appeals for the Second Circuit issued this decision today, in a lawsuit brought by the musician professionally known as Pete Rock. Posted at 11:50 AM by Howard Bashman "Highlights of the Supreme Court Term: How Has the New Conservative Majority Affected the Court?" You can now access online the audio of this week's broadcast of the public radio program "Justice Talking." The program featured ABC News correspondent Jan Crawford Greenburg and Law Professors Richard W. Garnett and Geoffrey R. Stone. You can stream the audio in Windows Media format or download the audio in mp3 format (23.3MB). "Attorney General Has a Second Date with Congress": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." The testimony of Attorney General Alberto R. Gonzales before the Senate Judiciary Committee began today at 9:30 a.m., and you can view the hearing live, online by clicking here (RealPlayer required). "Justice Saylor pleads his case to the public": The Philadelphia Inquirer today contains an article that begins, "Pennsylvania Supreme Court Justice Thomas Saylor sounds nostalgic these days, as he recalls what the state's 40-year-old judicial retention system used to be - a nonpartisan, merit-based election that could be waged for the price of a postage stamp." The Harrisburg Patriot-News reports today that "Saylor touts record in pursuit of 2nd court term." And The Associated Press reports that "Pay-raise dissenter says motivation was principle, not politics." Earlier, on Sunday, The Pittsburgh Tribune-Review published an item headlined "Feds fine knife-carrying justice." "Novel does no honor to judge; Ex-clerk skewers Phila. jurist": This article appears today in The Philadelphia Inquirer. Posted at 09:10 AM by Howard Bashman "Adidas' use of kangaroo hide is illegal, California justices say": Maura Dolan has this article today in The Los Angeles Times. The San Francisco Chronicle reports today that "Soccer shoes of kangaroo hide booted; State Supreme Court upholds sales ban on beloved footwear; retailers predict black market." Josh Richman of The Oakland Tribune reports that "Court reaffirms California's ban in kangaroo case; 'We will continue to sell our products,' Adidas spokeswoman says." Bloomberg News reports that "Adidas Kangaroo Shoes Can Be Outlawed in California." And Reuters reports that "Adidas kangaroo shoes illegal in California." My earlier coverage of yesterday's Supreme Court of California ruling appears at this link. "Defense at Padilla Trial Raises a Dispute Over Translations": This article appears today in The New York Times. And The Los Angeles Times reports today that "Padilla defense disputes FBI transcripts; A language expert questions the meanings of purported code words and testifies that references to Allah are typically neutral 'fillers.'" "Noriega case hinges on judge in Miami; The fate of convicted Panamanian former strongman Manuel Antonio Noriega -- including his status as a prisoner of war -- is in the hands of a federal judge in Miami": Jay Weaver has this article today in The Miami Herald. And The South Florida Sun-Sentinel reports today that "Manuel Noriega's attorneys want ex-dictator back in Panama." "House Panel Nears A Legal Clash With Bush Over Firings; Gonzales to Tell Senators He Will Not Quit": This article appears today in The Washington Post. The Los Angeles Times reports today that "House panel plans a vote on contempt; The White House chief of staff and ex-counsel refuse to comply with congressional subpoenas in the probe of U.S. attorney firings." And The Washington Times reports that "Gonzales stays to fix 'problems' at Justice." "Prosecutors Challenge Dismissal; Judge Had Ruled That Search for Interpreter Took Too Long": The Washington Post today contains an article that begins, "Prosecutors in Montgomery County said yesterday that they intend to ask an appellate court to overturn a judge's dismissal of a case against a Liberian immigrant charged with raping a young girl. The judge had ruled that repeated delays caused by the court's failure to find an interpreter fluent in the accused man's native dialect had violated his right to a speedy trial." Posted at 08:25 AM by Howard Bashman "No Objections Here: Supply-and-Demand Has Top Law Firms' 'Summer Associates' Hitting Pay Dirt Without Breaking Much of a Sweat." This article appears today in The Washington Post. Posted at 08:20 AM by Howard Bashman "Superhero Lawyer Ads Are Ruled Fit for TV": Today in The New York Sun, Joseph Goldstein has an article that begins, "Citing the First Amendment, an upstate federal judge is allowing lawyers to once again televise gimmicky ads, scrapping the efforts of top state judges who banned much attorney advertising in the name of the dignity of the legal profession." The Post-Standard of Syracuse, New York reports today that "'Heavy Hitters' knock down rules on lawyers' ads." And The New York Times reports that "Lawyers Get Court Approval for Pop-Up Ads on Internet." My earlier coverage appears at this link. "School Choice and Racial Balance": Today in The Wall Street Journal, Paul E. Peterson has an op-ed (paid subscription required) that begins, "Schools that admit students on the basis of race run afoul of the Constitution, wrote Chief Justice John Roberts in the recent Supreme Court case, Parents v. Seattle." Posted at 07:52 AM by Howard Bashman "Milberg Defense: Ethics Breach Trumped Up." Josh Gerstein has this article today in The New York Sun. Posted at 07:45 AM by Howard Bashman  
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