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Sunday, August 27, 2006 "Alito: The life and times of a justice in the making." Because The Newark (N.J.) Star-Ledger is a newspaper whose articles do not remain online for long, I'm going to break with my usual vacation-week practice to note that today's edition of that newspaper contains an article headlined "Alito: The life and times of a justice in the making." The article explains, "With the court in summer recess, Sam Alito and his wife, Martha-Ann, agreed earlier this month to their first interviews since he was confirmed. They talked about the Senate hearings, about her tearful breakdown during a now famous session. He also spoke about the inner workings of one of the most closely watched courts in the nation's history." Meanwhile, rainy weather today in the vicinity of where I'm vacationing has resulted in an actual doubleheader (not one of those separate-ticket, day-night doubleheaders) tomorrow for the Atlantic City Surf baseball team. Friday, August 25, 2006 Programming note: As has happened each of the past four years since I began this blog in May 2002, I am again embarking on a week-long blogging break during the final week in August. If you find yourself in the vicinity of Margate, New Jersey and happen to see someone who resembles the author of this blog, I hope you'll say hello. New posts will appear here on September 2, 2006. Until then, readers are invited to let me know via email of news, court rulings, and developments that might be worthy of mention upon my return. Posted at 10:40 PM by Howard Bashman Available online from law.com: Shannon P. Duffy reports that "Bar Prep Co. Ordered to Pay $11.9M for Copying Multistate Exam Questions; Federal judge finds evidence of illegal copying 'practically leaps from the page.'" My earlier coverage appears at this link. And a news report from Florida is headlined "Did a Federal Judge Cross a Legal Line for His Clerk?" "Making Rain on the Net: Today's Web Offers a Wide World of Marketing Tactics, if You're Savvy." Jason Krause has this article in the August 2006 issue of the ABA Journal. The article contains a lengthy discussion of law blogs and even mentions me at one point. Posted at 10:28 PM by Howard Bashman "Jewish veterans, local ACLU latest to sue over cross": The San Diego Union-Tribune today contains an article that begins, "The local chapter of The American Civil Liberties Union filed suit yesterday to force the Mount Soledad cross to be moved in the latest challenge over the La Jolla landmark's constitutionality. The suit, filed in San Diego federal court on behalf of a national Jewish war veterans organization and three San Diego residents, is the newest development in an increasingly high-profile, 17-year legal battle over the cross." And The Associated Press reports that "ACLU sues federal government in battle over San Diego cross." You can access the complaint initiating suit at this link. "La. Supreme Court upholds extension to file Katrina/Rita insurance claims": Raymond Ward has this post linking to the ruling at his "Minor Wisdom" blog. And in other coverage, The Associated Press reports that "La. High Court Upholds Insurance Laws." Three-judge Tenth Circuit panel rejects facial challenge to the adequacy of the judicial bypass exception to Oklahoma's newly-enacted statute requiring parental notification before a minor may receive an abortion: You can access today's ruling at this link. Posted at 08:33 PM by Howard Bashman "Should the U.S. Court of Appeals for the Ninth Circuit afford a presumption of reasonableness to within-Guidelines criminal sentences?" That was the title of my post from Wednesday of this week reporting on an order granting rehearing en banc in two Sentencing Guidelines cases that day. Today, the Ninth Circuit issued a new order in those cases specifying the precise issues on which rehearing en banc has been granted and welcoming amicus briefs addressing those issues. "La. Limit on Violent Video Games Blocked": The Associated Press provides this report. Update: You can access the opinion at this link. From the October 2006 issue of The Third Branch: An item headlined "Report Details Action On Judicial Accountability" begins, "In August 2006, the Executive Committee of the Judicial Conference sent to Chief Justice John G. Roberts Jr. a status report detailing the Conference's action on judicial ethics and accountability." An item headlined "Advantages of Videoconferencing Grow with Use" notes that "The FJC surveyed 14 appellate court judges on their use and opinions of videoconferencing technology." You can also access online the complete "Report of a Survey of Videoconferencing in the Courts of Appeals." And an item headlined "Access As Easy As Tuning In" begins, "The next time you see someone pop on the headphones and get that faraway look in his or her eyes, don't be so sure it's a tune that's beguiling them. It just may be the latest oral arguments from the Seventh Circuit." "Why I need to see child porn: It's outrageous that academics and reporters like me can be thrown in prison for doing front-line research into pornography." Debbie Nathan has this essay online today at Salon.com. Update: For whatever reason, it appears that Salon.com (at least for the time being) has taken this article off-line. It further appears that at least one blog has reprinted much if not all of the essay. Second update: Salon.com has now posted a "Correction" explaining why the opinion piece has been removed from that web site. "Bar Prep Company Ordered to Pay $11 Mil. for Copying Questions": Shannon P. Duffy of The Legal Intelligencer provides this news update (free access). My earlier coverage appears here. Posted at 03:12 PM by Howard Bashman "What's a Wetland, Anyhow?" This editorial about the U.S. Supreme Court's recent ruling in Rapanos v. United States appears in today's issue of Science magazine. Posted at 01:05 PM by Howard Bashman "Judge J. Clifford Wallace to Receive Prestigious Devitt Award for Judicial Service": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday. Posted at 12:27 PM by Howard Bashman "May we see your photos please?" Fans of the Late Show with David Letterman are likely familiar with that recurring feature. Today, in an opinion you can access here, the U.S. Court of Appeals for the Eighth Circuit addresses whether the U.S. Supreme Court's ruling earlier this year in Georgia v. Randolph applies to a search of a home computer's files for child pornography. In the case decided today, the majority holds that where a husband is arrested at work and denies consent to search his home computer, the wife who's at home with the computer lacks the ability to override the husband's refusal by consenting to the search. The dissenting opinion argues that the Randolph case ought not be applied under the circumstances and that the effect of today's ruling will discourage law enforcement officers "in seeking consent, to bypass the suspect lest the suspect refuse consent, and instead seek only the consent of an authorized co-occupant." The Associated Press is reporting: Now available online are articles headlined "DeLay Says Courts Erred in Ballot Ruling"; "Court Upholds President's Authority"; and "American Indians Advance Trust Case." Posted at 11:04 AM by Howard Bashman Who needs law school? Virginia woman becomes member of the bar through that State's law-reader program: The Free Lance-Star of Fredericksburg, Virginia today contains an article headlined "Raising the bar: New lawyer didn't go to law school; Spotsylvania County woman becomes lawyer through special Virginia program." Posted at 10:58 AM by Howard Bashman Sixth Circuit acknowledges that a motion requesting an extension of time in which to file a notice of appeal can itself serve as a notice of appeal, but the would-be-appellants in the case decided today are unable to benefit from that rule: Circuit Judge Jeffrey S. Sutton issued this decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit. Posted at 10:55 AM by Howard Bashman "Waco ordinance against congregating near schools struck down, anti-abortion protesters celebrate": This article appears today in The Waco Tribune. Chief Judge Edith H. Jones wrote yesterday's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit. Posted at 10:45 AM by Howard Bashman "Bush Administration Opposes Integration Plans; The solicitor general urges the Supreme Court to scrap schools' voluntary programs that exclude some students because of their race": David G. Savage has this article today in The Los Angeles Times. Posted at 08:23 AM by Howard Bashman "U.S. Frees Longtime Detainee; Court Had Ruled In Favor of Turk": The Washington Post today contains an article that begins, "A German native who was imprisoned by the U.S. military at Guantanamo Bay, Cuba, was released Thursday, more than 18 months after a federal judge in Washington ruled there was insufficient evidence to detain him." Posted at 08:20 AM by Howard Bashman Available online from law.com: An article reports that "Baseball a Risky Business -- for Spectators." And Judith A. Moldover has an essay entitled "Maddened by Makeup: Gender-based appearance policies, such as makeup requirements, have some employees donning war paint." "Judge Denies Former CIA Officer's Request To Keep Her Home Address a Secret": Josh Gerstein has this article today in The New York Sun. My earlier coverage is at this link. Posted at 08:00 AM by Howard Bashman "A Clash Between Two Cases Involving Equality and Religious Speech: How the U.S. Court of Appeals for the Fourth Circuit's Decisions Are Inconsistent." Marci A. Hamilton has this essay online at FindLaw. Posted at 07:58 AM by Howard Bashman Minnesota Twins 11, Baltimore Orioles 2: My son and I just returned home from Baltimore, where we attended Thursday night's baseball game at Oriole Park at Camden Yards. When my wife and I were recently at the Minneapolis-St. Paul International Airport, we bought my son a Minnesota Twins t-shirt featuring Joe Mauer's name and number, and my son picked the perfect time to wear the shirt last night, as the player who possesses Major League Baseball's best batting average had a great night, going 3-for-4 at the plate with four RBIs. You can access the box score at this link, while wraps are available here and here. Posted at 12:15 AM by Howard Bashman Thursday, August 24, 2006 Programming note: My son and I will be attending an event this evening in Baltimore that will have me away from the computer for a bit. Additional posts will appear online here on Friday. Posted at 03:05 PM by Howard Bashman U.S. District Court for the District of Columbia denies request by Valerie Plame and Joe Wilson to file their civil action complaint without including their home address: You can access today's ruling by U.S. District Judge John D. Bates at this link. Posted at 03:04 PM by Howard Bashman "[M]ay New Jersey open prisoners' legal mail outside of the prisoners' presence pursuant to a state policy intended to protect the safety and security of its prisons by reducing the risk of anthrax contamination?" Today a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit answers "no" in an opinion that you can access here. Posted at 02:55 PM by Howard Bashman "The judge and the ACLU": This editorial appears today in The Chicago Tribune. That newspaper today also contains an op-ed by Law Professor Geoffrey R. Stone entitled "An independent and fearless judiciary." Penis pump used in court (as evidence): The Chicago Sun-Times reports today that "Evidence ruled sufficient in penis pump case." And The Associated Press provides a report headlined "Officials: Man Says Penis Pump Is a Bomb." National Conference of Bar Examiners wins $11.9 million copyright infringement judgment against owners of PMBR bar review course: Tuesday's ruling of the U.S. District Court for the Eastern District of Pennsylvania can be accessed at this link. The court's ruling also includes the following provision: "Defendants, their employees, and agents are enjoined from taking any Multistate Bar Examination for any purpose other than to obtain bar admission in the jurisdiction in which the examination is being given." Seventh Circuit affirms $4 million Lanham Act verdict in favor of R.J. Reynolds against Cigarettes Cheaper!, operator of a chain of retail outlets that had reimported "gray market" Reynolds products for domestic sale: You can access today's opinion, written by Circuit Judge Frank H. Easterbrook, at this link. Today's ruling also affirms judgments in favor of Reynolds on Cigarettes Cheaper!'s antitrust counterclaims arising under the Sherman and Robinson-Patman Acts. Posted at 12:25 PM by Howard Bashman Today's rulings of note from the U.S. Court of Appeals for the Second Circuit: In a decision issued today, the court rejected a federal criminal defendant's constitutional challenge to the International Emergency Economic Powers Act. The challenge argued that the law did not constitute an appropriate delegation of congressional authority to the executive branch. The defendant had pleaded guilty to transferring money into Iraq on three specific occasions in 1999 and 2000, in violation of Executive Orders and regulations issued pursuant to the IEEPA, but the defendant's plea agreement permitted him to pursue a constitutional challenge to the law. And in a separate ruling issued today, the court reversed a federal district court's order refusing to certify for class action status certain issues presented in a lawsuit challenging Nassau County (N.Y.) Correctional Center's blanket strip search policy for newly admitted misdemeanor detainees. "GMU's law seminars are fruitful and nonpartisan": Today in The Roanoke Times, Charles J. Goetz has an op-ed that begins, "If one believed certain sources, the nation's judges are being brainwashed at propaganda seminars that are staffed by shills and bent to the behest of dirty-money bankrollers." Posted at 11:30 AM by Howard Bashman "Hecht faulted for double standard; Justice is challenging a rebuke for ethics rules he helped write, lawyer charges": The Austin American-Statesman today contains an article that begins, "Texas Supreme Court Justice Nathan Hecht was faulted Wednesday for raising a legal challenge to ethics rules that he helped write only after he was rebuked for violating the standards. Hecht did nothing while five other state judges were rebuked under the same standards in the past six years, said Mark Alexander, lawyer for the state regulatory agency that issued the ethics reprimand." The Fort Worth Star-Telegram reports today that "Attorney says justice had double standard." And The Associated Press reports that "Panel Considers Reprimand of Texas Justice." Dwarfs vs. Justices, part three: Following up on my report from the other day, which itself followed-up on this interesting report from Reuters, on Sunday columnist David Grimes had an op-ed entitled "Not stupid no more" in The Sarasota Herald-Tribune. The Kansas City Star on Sunday reported on the results of its own local polling into whether the seven dwarfs are better-known than the nine constitutional expositors. And not to be outdone, Justice Samuel A. Alito, Jr. apparently commented on the matter in recent remarks that he delivered to the graduating class of the Police Academy at Essex County College, according to an article headlined "Police Academy graduates 46 at ECC ceremony" published yesterday in The News-Record of Union, New Jersey. "Slain Lawyer's Wife Testifies in District": The Washington Post today contains an article that begins, "The wife of a lawyer killed this month in a townhouse near Dupont Circle testified yesterday before a grand jury investigating the death, according to a source familiar with the inquiry." Posted at 07:40 AM by Howard Bashman "A Matter of Appearances: Before ruling on the Bush administration's wiretapping program, Judge Anna Diggs Taylor should have disclosed any potential conflicts of interest." This editorial appears today in The New York Times. Posted at 07:25 AM by Howard Bashman "Tax Law Ruling by Court May Encourage New Challenges": Bloomberg News provides this report. Posted at 07:20 AM by Howard Bashman Josh Gerstein is reporting: Today in The New York Sun, he has articles headlined "Doctor in Va. Drug-Trafficking Case Granted New Trial" and "Texas Judge Renews Criticism In Case of Missing Silicosis X-Rays." Posted at 07:15 AM by Howard Bashman Available online from law.com: T.R. Goldman reports that "ABA Rating for 5th Circuit Nominee Angers Specter." In other news, "9th Circuit Rejects Claim That Judge Had Conflict in Trademark Cases." An article reports that "D.C. Police Maintain Focus on House Where Lawyer Was Murdered." And Henry C. Su has an essay entitled "The Future of Obviousness: Supreme Court to examine validity of 'motivation-suggestion-teaching' test in highly anticipated case." Wednesday, August 23, 2006 "Tax Prof Commentary on Murphy": "TaxProf Blog" has compiled lots of interesting comments from tax law professors on yesterday's "bombshell" ruling of the D.C. Circuit, which I initially noted here. Posted at 09:30 PM by Howard Bashman "Unmarried couple want benefits, too; Straight woman files complaint over gay rights": The Associated Press provides a report that begins, "One of the first tests for Washington state's new gay civil rights law has an intriguing twist: The complaint was filed by a heterosexual woman. The state's discrimination watchdogs are investigating the case, which claims unmarried straight people should get the same domestic partner benefits as their gay and lesbian co-workers." Posted at 09:25 PM by Howard Bashman "Indian voters now in two districts; ACLU says judge's redrawing before election 'represents democracy'": This article appears today in The Argus Leader of Sioux Falls, South Dakota. The Associated Press reports that "Panel OKs redrawing districts for reservations." And Law Professor Rick Hasen provides these thoughts at his "Election Law" blog. My earlier coverage appears at this link. "Judge Denies He Had Financial Interest in Two Cases' Litigants": Today in The Daily Journal of California, Amelia Hansen has an article that begins, "Ninth U.S. Circuit Court of Appeals Judge Harry Pregerson defended himself Tuesday against allegations that he had a financial conflict in two trademark cases he ruled in last year." My earlier coverage appears at this link. "Court upholds signature rules for Pa. candidates": The Associated Press provides a report that begins, "A federal appeals court on Wednesday upheld Pennsylvania's signature requirements for minor-party and independent candidates seeking to get on the statewide ballot." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. "Appeal on Lilly trusts is heard; 'Common sense' needed in charities' suit, judge says": This article appears today in The Indianapolis Star. And The Associated Press reports that "Judge Scolds Charities for Lilly Lawsuit." "Justices Uphold Grandparents’ Visitation Act": Asher Hawkins of The Legal Intelligencer provides this news update (free access). And The Associated Press provides a report headlined "Pa. court clarifies grandparent visitation rules" in which I am quoted. Should the U.S. Court of Appeals for the Ninth Circuit afford a presumption of reasonableness to within-Guidelines criminal sentences? Today, the Ninth Circuit has entered an order granting rehearing en banc in two cases presenting that question. The earlier three-judge panel opinions in those two cases can be accessed here and here. Update: The "Sentencing Law and Policy" has this post about today's en banc order. "Rocks and Powder: Will Congress listen to the courts and fix drug sentencing?" Larry Schwartztol has this jurisprudence essay online at Slate. Posted at 04:52 PM by Howard Bashman It's the cat's meow: The Pittsburgh Tribune-Review reports today that "Neighbors' catfight ends up in Jeannette court." And The Associated Press reports that "Judge to Rule if 'Meowing' Is Harassment." The problem with a poorly-phrased Question Presented when the U.S. Supreme Court grants certiorari: In Meredith v. Jefferson County Board of Education, the first question presented on which the U.S. Supreme Court has granted review states: Should Grutter v. Bollinger, 539 U.S. 306 (2003) and Regents of University of California v. Bakke, 438 U.S. 268 (1978) and Gratz v. Bollinger, 539 U.S. 244 (2003) be overturned and/or misapplied by the Respondent, the Jefferson County Board of Education to use race as the sole factor to assign students to the regular (nontraditional) schools in the Jefferson County Public Schools?The puzzling way that the question is phrased has led to some disagreement over whether the Court itself has agreed to consider if Grutter should be overturned or whether the question is merely suggesting that it is the Jefferson County Board of Education that has improperly "overturned" Grutter (and does it necessarily make a difference?). In any event, not only the amicus brief that I linked earlier here, but also the amicus brief filed by the Governor of Florida and Florida's State Board of Education, understand that the Court has granted review to consider whether to overturn Grutter. Update: I have posted at this link the amicus brief filed on behalf of school children from the City of Lynn, Massachusetts who were the plaintiffs/petitioners in Comfort v. Lynn School Committee. "Court uncertain of inmate's plea to be executed; Hubert Michael wants an end to a string of appeals; A court wants another competency hearing": This article appears today in The Philadelphia Inquirer. My earlier coverage appears here. Posted at 03:25 PM by Howard Bashman Yesterday's rulings of note from the Supreme Court of Pennsylvania: The Associated Press provides a report headlined "Court: Nader Must Pay for Election Suit." The ruling that Pennsylvania's highest court issued yesterday consists of a majority opinion; an opinion concurring in part and dissenting in part; and a dissenting opinion. Pennsylvania's highest court yesterday also issued decisions in two cases on which I worked. In one ruling, the court by a vote of 5-1 rejected a constitutional challenge to Pennsylvania's grandparent visitation statute. The ruling consists of a majority opinion; a concurring opinion arguing that the "best interests of the child" should be recognized as a fundamental right; and a dissenting opinion by the Chief Justice agreeing with my client's position in the case. Finally, yesterday Pennsylvania's highest court entered an order dismissing, over the dissent of two Justices, review as improvidently granted in the insurance bad faith case of Hollock v. Erie Insurance Exchange. I assisted counsel for the plaintiff in drafting their Brief for Appellee on the merits and in preparing for oral argument in that case. You can access the decision in plaintiff's favor of the Superior Court of Pennsylvania, which now survives undisturbed, at this link. Ninth Circuit holds that attorney-parents are not entitled to attorneys' fees for representing their own children in Individuals with Disabilities Education Act proceedings: You can access today's ruling at this link. Posted at 01:37 PM by Howard Bashman "Racial Engineering in Seattle: Grutter politics." Peter Kirsanow has this essay today at National Review Online. On Monday, a reader emailed to say that he has been "surprised by the lack of attention being paid to the fact that the Court expressly granted certiorari on the question of whether Grutter should be overruled." I have received via email an amicus brief filed in the U.S. Supreme Court last week, on behalf of the Project on Fair Representation at the American Enterprise Institute, the National Association of Scholars, and various law professors, arguing that Grutter v. Bollinger should be overturned, and I have posted the brief online at this link. Update: At "SCOTUSblog," Marty Lederman has a post titled "SG Briefs in K-12 Race-Conscious Admissions Cases" linking to those briefs. "Judge Hardiman considered for federal appeals post": The Pittsburgh Post-Gazette today contains an article that begins, "A judge who has been on the bench in federal court in Pittsburgh for less than three years is now under consideration for a spot on the 3rd U.S. Circuit Court of Appeals." And The Pittsburgh Tribune-Review reports today that "U.S. judge here eyed for court of appeals." "Texas Supreme Court justice defends support of Miers; Hecht said ethics rules being misapplied": This article appears today in The Austin American-Statesman. And The Dallas Morning News reports today that "Justice fights censure over backing of Miers; Hecht accused of going too far in endorsing high court nominee." Earlier today, I collected additional related press coverage at this link. One formerly anonymous lawyer reviews another: In the August 28, 2006 issue of The New York Observer, David Lat (the formerly anonymous author of the blog "Underneath Their Robes") reviews Jeremy Blachman's book "Anonymous Lawyer." As posted online, the review is headlined "Way Better Than Briefs: Legal Minds Turn to Blogs." Posted at 11:00 AM by Howard Bashman "The Success of My Secrets: For a president inclined to ignore Congress and the courts, the best defense is no defense." Jacob Sullum has this essay online today at Reason. And today at National Review Online, Jonah Goldberg has an essay entitled "The Living Constitution's Double Standard: Oh, the irony …." "Sting case prosecutors ask to shield witnesses; Anonymity for translators will prejudice jury, argue attorneys for mosque leader, pizza shop owner": The Times Union of Albany, New York today contains this article, in which I am quoted. Posted at 07:40 AM by Howard Bashman "Texas Justice Defends Support of Miers": The Associated Press provides this report. In local coverage, The Fort Worth Star-Telegram today contains an article headlined "'I would do exactly what I did.'" Yesterday, the newspaper reported that "Texas Supreme Court Justice Nathan Hecht will defend his support for Harriet Miers." And one week ago today, the newspaper reported that "Hecht to defend support for Miers." "Tax Code on Emotional Damages Tossed": The Associated Press provides this report. My earlier coverage appears here. Posted at 07:28 AM by Howard Bashman "Conviction Of McLean Pain Doctor Overturned; Appeals Court Says Judge Erred in Jury Instructions": The Washington Post contains this article today. And The Richmond Times-Dispatch reports today that "Federal appeals court orders new trial for pain specialist." My earlier coverage appears at this link. "Leak Investigation Ordered; How Media Learned About Probe of Pro-Israel Lobbyists Sought": This article appears today in The Washington Post. And today in The New York Sun, Josh Gerstein reports that "Judge Okays Wiretaps and Searches in Aipac Lobbyist Case." "A Law Unto Herself: Judge Anna Diggs Taylor's opinion on the president's warrantless surveillance program helps those who have been arguing against results-oriented, activist judges." Law Professor Ann Althouse (whose blog you can access here) has this op-ed today in The New York Times. And today in The New York Sun, Paul Greenberg has an op-ed entitled "Judge Taylor confuses the constitution," while Thomas Bray has an op-ed entitled "Judge's Strange Ruling." "Judge may have had conflict of interest, group says; She ruled for ACLU in warrantless wiretapping case": Joan Biskupic has this article today in USA Today. The New York Times reports today that "Conflict of Interest Is Raised in N.S.A. Ruling." The Detroit Free Press reports that "Judge in wiretap case under fire; Watchdog claims conflict of interest." And The Associated Press reports that "Domestic Spying Judge's Ties Questioned." "Examining Two Recent Rulings Allowing Suits Against the NSA's Warrantless Wiretapping To Proceed, Despite the State Secrets Privilege": Julie Hilden has this essay today online at FindLaw. Posted at 06:55 AM by Howard Bashman Available online from law.com: Tony Mauro reports that "Chief Justices Sound Alarm on Judicial Elections; Conference of state justices fears issue-based political campaigns sap public confidence in the judiciary." And in other news, "'Super Lawyers' Edict Stayed by N.J. Supreme Court; Advertising and Web posting can go on; so can selection process." Tuesday, August 22, 2006 "U.S. District Judge Who Presided Over Government Wiretapping Case May Have Had Conflict of Interest": The organization Judicial Watch issued this press release yesterday. Posted at 09:08 PM by Howard Bashman "Court orders New Trial for Doctor": The Associated Press provides a report that begins, "A doctor convicted of drug trafficking for prescribing massive doses of OxyContin and other painkillers to his patients will get a new trial." You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. "Limits of Executive Power": Today's broadcast of the public radio program "On Point" contained this lengthy segment (listen in either RealPlayer or Windows Media format) featuring Law Professors Laurence H. Tribe and Douglas W. Kmiec. Posted at 05:10 PM by Howard Bashman "Stock Conflict Cited in 9th Circuit Judge's Trademark Rulings": Last month, law.com posted online an article that begins, "After losing two trademark cases, an attorney for a software company is trying to get the rulings thrown out because one of the 9th Circuit judges hearing the case apparently had a financial conflict. Judge Harry Pregerson wrote opinions favoring Time Warner in two cases in which M2 Software fought the multimedia giant over the trademark to the name 'M2.' Mark Pettinari, representing M2 of Los Angeles, says Pregerson owned stock in Time Warner at the time he heard the cases and issued the rulings." Today, the U.S. Court of Appeals for the Ninth Circuit posted online two separate opinions (available here and here) from Circuit Judge Harry Pregerson in which he explains why he was not required to recuse in either case. "Why Should We be 'Boxed In' by the Constitution and Laws of the United States?" At the "Balkinization" blog, Marty Lederman has a post that begins, "In today's Wall Street Journal, Judge Richard Posner laments the fact that the federal courts are available to adjudicate whether the President's chosen methods of fighting the war on terror are consistent with the Constitution and laws of the United States." Posted at 04:45 PM by Howard Bashman First Circuit holds that federal Visual Artists Rights Act of 1990 does not protect site-specific art: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. Posted at 04:00 PM by Howard Bashman "Graham showed courage": This past Sunday's issue of The Herald of Rock Hill, South Carolina contained an editorial that begins, "Sen. Lindsey Graham, R-S.C., is taking heat from some critics for his role in the rejection of William J. 'Jim' Haynes as a candidate for a seat on the 4th Circuit Court of Appeals." Posted at 04:00 PM by Howard Bashman "The Constitution vs. Counterterrorism": Today in The Wall Street Journal, Seventh Circuit Judge Richard A. Posner has an op-ed (pass-through link) that begins, "Last week a federal district judge in Detroit ruled that the National Security Agency's conduct of electronic surveillance outside the boundaries of the Foreign Intelligence Surveillance Act is illegal. As a judge I cannot comment on the correctness of her decision. But I can remark on the strangeness of confiding so momentous an issue of national security to a randomly selected member of the federal judiciary's corps of almost 700 district judges, subject to review by appellate and Supreme Court judges also not chosen for their knowledge of national security." Posted at 01:44 PM by Howard Bashman "Appeals court refuses to reinstate 'top-two' primary in Washington": The Associated Press provides a report that begins, "A three-judge panel of the 9th Circuit U.S. Court of Appeals on Tuesday refused to reinstate Washington's 'top-two' primary system, saying it infringes on the rights of political parties to choose their own nominees." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Update: Law Professor Rick Hasen offers his initial thoughts on the ruling at his "Election Law" blog. "Is a Federal Tax on Damages for Emotional Distress Unconstitutional?" Marty Lederman has this post at the "Balkinization" blog questioning the soundness of today's D.C. Circuit ruling. And "TaxProf Blog" offers these thoughts on the ruling. "Government suffers setback as Padilla terror count tossed; The U.S. government's terrorism case against former 'enemy combatant' Jose Padilla and two other Muslim codefendants suffered a major setback in federal court in Miami": This article appears today in The Miami Herald. Posted at 12:15 PM by Howard Bashman "Constitutional Limits on the Power to Tax": At "The Volokh Conspiracy," Orin Kerr has this post about today's D.C. Circuit ruling, which I blogged about earlier here. And additional coverage of the ruling can be accessed here from Paul Mollica's "Daily Developments in EEO Law." "If one imagines the federal judiciary as running a vast, multi-topic blog - which is not a bad way to view Anglo-American common-law adjudication - the Nigerian-barge ruling would be the latest posting in a lively thread that's been going on for more than a generation." That sentence comes from an article headlined "Redefining fraud: Judicial opining; Reversals in the 'Nigerian barge case' won't help Jeff Skilling; But they revive a debate about what's fraud and what isn't" published in the September 4, 2006 issue of Fortune magazine. Posted at 11:55 AM by Howard Bashman "The record is clear that South Dakota's history of discrimination against Native-Americans has limited their ability to succeed in the state political process. The vestiges of this discrimination remain, dampening Native-American interest in South Dakota politics and affecting the ability of Native-Americans to register, to vote, and to participate in the electoral process." A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit today issued a decision affirming a federal district court's ruling that South Dakota's 2001 legislative redistricting violated Section 2 of the Voting Rights Act by packing District 27 with Native-Americans at the expense of District 26. Posted at 11:30 AM by Howard Bashman "Court reinstates former athletic director's discrimination suit": The Associated Press provides this report. My earlier coverage appears here. Posted at 11:15 AM by Howard Bashman I'm too sexy for my billboard: The Kansas City Star reports today that "Sex-ad billboards will stay; A court knocks down a Missouri law banning adult-oriented signs near state highways." The St. Louis Post-Dispatch reports today that "Court rejects billboard law." And The Associated Press reports that "Court KOs Billboard Law." My earlier coverage appears at this link. "Two Pep Boys Heirs Booted From Trust": Yesterday evening, The Legal Intelligencer posted online this news update (free access) written by Asher Hawkins. As noted in the final version of the article (subscription required) published in today's issue of that newspaper, I'm serving as appellate co-counsel for those two individuals. Posted at 11:02 AM by Howard Bashman "Blogging for Dollars: It's not just a hobby -- some small sites are making big money; Here's how to turn your passion into an online empire." This article appears in the September 2006 issue of Business 2.0 magazine. Posted at 10:58 AM by Howard Bashman The D.C. Circuit orders the Federal Bureau of Investigation to use Google to determine whether the speakers on an audiotape whose production an author seeks under the Freedom of Information Act are dead or alive: You can access today's ruling at this link. On page 17 of today's opinion, Circuit Judge Merrick B. Garland writes for a unanimous three-judge panel: But if that is so, one has to ask why -- in the age of the Internet -- the FBI restricts itself to a dead-tree source with a considerable time lag between death and publication, with limited utility for the FBI's purpose, and with entries restricted to a small fraction of even the "prominent and noteworthy"? Why, in short, doesn't the FBI just Google the two names? Surely, in the Internet age, a "reasonable alternative" for finding out whether a prominent person is dead is to use Google (or any other search engine) to find a report of that person’s death. Moreover, while finding a death notice for the second speaker -- the informant -- may be harder (assuming that he was not prominent), Googling also provides ready access to hundreds of websites collecting obituaries from all over the country, any one of which might resolve that speaker's status as well. See, e.g., http://www.legacy.com (hosting the obituary sites of more than 275 newspapers, including three Louisiana papers); http://www.obituarycentral.com (containing a directory of links to online obituaries and death notices in every state).Notably, however, today's opinion does not require the FBI to use Wikipedia to determine whether the speakers on the tape are dead or alive. Posted at 10:23 AM by Howard Bashman D.C. Circuit declares a provision of the federal tax code unconstitutional as applied: Today's ruling, by a unanimous three-judge panel, holds that "insofar as §104(a)(2) permits the taxation of compensation for a personal injury, which compensation is unrelated to lost wages or earnings, that provision is unconstitutional." You can access the complete ruling at this link. According to today's opinion, written by Chief Judge Douglas H. Ginsburg, "The Sixteenth Amendment simply does not authorize the Congress to tax as 'incomes' every sort of revenue a taxpayer may receive." The opinion goes on to explain: As we have seen, it is clear from the record that the damages were awarded to make Murphy emotionally and reputationally "whole" and not to compensate her for lost wages or taxable earnings of any kind. The emotional well-being and good reputation she enjoyed before they were diminished by her former employer were not taxable as income. Under this analysis, therefore, the compensation she received in lieu of what she lost cannot be considered income and, hence, it would appear the Sixteenth Amendment does not empower the Congress to tax her award.And the opinion concludes In sum, every indication is that damages received solely in compensation for a personal injury are not income within the meaning of that term in the Sixteenth Amendment. First, as compensation for the loss of a personal attribute, such as well-being or a good reputation, the damages are not received in lieu of income. Second, the framers of the Sixteenth Amendment would not have understood compensation for a personal injury -- including a nonphysical injury -- to be income. Therefore, we hold §104(a)(2) unconstitutional insofar as it permits the taxation of an award of damages for mental distress and loss of reputation.This appears to be a significant loss for the federal government, and it will be interesting to see the extent to which other circuits will follow today's ruling. Finally, while today's ruling contains a substantial discussion of the history of what constitutes income for purposes of federal tax law, the opinion will also be of interest to those who study the history of the footnote, as all footnotes contained in the opinion are designated using a single asterisk (*). "State Supreme Court Rejects Appeal of Caregivers Seeking $450,000 Inheritance; Justices rule that helpers may not benefit from changes in wills made by dependent elderly in their final days": This article appears today in The Los Angeles Times. You can access yesterday's ruling of the Supreme Court of California at this link. "DEA's Khat Sting Stirs Up Somali 'Cultural Clash'; The stimulant is widely used in some countries; But in America, it has resulted in 44 arrests": Sam Howe Verhovek has this article today in The Los Angeles Times. Posted at 07:28 AM by Howard Bashman "No Skid Row Accord for City, ACLU; More talks are slated in an effort to resolve a suit over arrests of homeless who camp on sidewalks": This article appears today in The Los Angeles Times. Posted at 07:25 AM by Howard Bashman "A Law Unto Herself: The criminal defense attorney is star-struck, young and unorthodox; But don't be fooled; She's also Ivy League, savvy and successful." Today in The Los Angeles Times, Maura Dolan has this profile of attorney Allison Margolin. Allison's blog can be accessed here. [Update: Because that blog includes an image of a partially naked female, a reader emails to suggest that I note that the blog's link is potentially not safe for work.] Posted at 07:24 AM by Howard Bashman "Teams woo female fans with freebies, but a lawyer cries foul; Dispute's outcome could have ramifications for Major League Baseball": The Boston Globe contains this article today. Posted at 07:20 AM by Howard Bashman "Concern Mounts as Bacteria Resistant to Antibiotics Disperse Widely": This article appears today in The New York Times. Posted at 07:10 AM by Howard Bashman "Prosecutor Wins Right To Damages": The New York Sun today contains an article that begins, "A federal appeals court has ruled in favor of a former Brooklyn prosecutor who was demoted after he said his borough was the best place for a prosecutor to work because 'we've got more dead bodies per square inch than anybody else.'" My earlier coverage appears at this link. "A Victory for Cleaner Air": This editorial appears today in The New York Times. Posted at 06:58 AM by Howard Bashman "Judge Orders Justice Department Investigation of Leak to CBS Report": Josh Gerstein has this article today in The New York Sun. Posted at 06:48 AM by Howard Bashman "Misconceiving Reproductive Rights: The Crucial Difference Between 'Pro-Choice' and 'Pro-Abortion.'" Sherry F. Colb has this essay online today at FindLaw. Posted at 06:45 AM by Howard Bashman Monday, August 21, 2006 "Judge Throws Out Charges in Padilla Case": This article will appear Tuesday in The New York Times. And law.com reports that "Miami Federal Judge Tosses Lead Charge in Padilla Terror Conspiracy Case." The Tenth Circuit demonstrates one method for dealing with the prospective-only flaw found in proposed Federal Rule of Appellate Procedure 32.1 -- pretend the flaw doesn't exist: Proposed Federal Rule of Appellate Procedure 32.1, as approved by both the Judicial Conference of the United States and the U.S. Supreme Court, only requires federal appellate courts to allow citation to unpublished and non-precedential federal judicial opinions issued on or after January 1, 2007. In March 2006, I wrote an "On Appeal" column for law.com criticizing the proposed rule's prospective-only nature. The U.S. Court of Appeals for the Tenth Circuit today posted online its proposed rules effective January 1, 2007. Both those proposed rules and the explanatory memorandum accompanying them ignore that proposed FRAP 32.1 contains the prospective-only limitation by omitting the rule's prospective-only language. The Tenth Circuit is currently a jurisdiction that permits, but discourages, citations to its own non-precedential rulings. It would be useful if the new Tenth Circuit local rule addressed whether that discouragement will continue to apply to that court's non-precedential opinions issued before January 1, 2007. In any event, I anticipate that the court will correct its omission of a portion of proposed FRAP 32.1 in the very near future. Sailing takes him away, but paying federal employment taxes does nothing for him: The U.S. Court of Appeals for the Fifth Circuit today issued its ruling in Christopher Cross, Inc. v. United States. [Apologies in advance should it turn out that this case involves a trucking company rather than the singer, whose web site's home page is here] Some good news for "Best" and "Super" lawyers in New Jersey: The Newark (N.J.) Star-Ledger on Saturday published an article headlined "Court gets into battle on lawyers' advertising" that begins, "The state Supreme Court yesterday weighed in on the ongoing battle in the New Jersey's legal community over attorney advertising. The court put the brakes on a ruling last month by the Committee on Attorney Advertising that prohibits lawyers from touting their inclusion on two lists -- 'Super Lawyers' and 'Best Lawyers in America.'" And The Associated Press reports that "N.J. high court gives 'Super Lawyers' temporary reprieve." My earlier coverage can be accessed here and here. In the interest of full disclosure, I have been designated a Pennsylvania "Super Lawyer" in the appellate category in 2005 and 2006, and in 2005 the Pennsylvania Super Lawyers magazine contained an article about me written by that publication's staff. "The Novelist and His Old Boss Meet Again, in the Courtroom": On July 13, 2004, The New York Times published an article that begins, "According to Robert C. Reuland's lawyer, his rights were violated when the Brooklyn district attorney, Charles J. Hynes, fired him as an assistant district attorney after he made a few incendiary comments to a magazine writer. But according to a lawyer representing Mr. Hynes, Mr. Reuland is a liar with a 'condescending, arrogant attitude' who 'acts like a spoiled child' and had no business being a prosecutor." Ultimately, as reported in a NYTimes article from September 2004 headlined "Ex-Prosecutor Can Collect Jury Award, Judge Rules," a federal court jury awarded $30,000 in favor of the former prosecutor turned novelist. The Associated Press's report on the jury's verdict was headlined "Mixed verdict in former N.Y. prosecutor's free-speech suit." Today, a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued an opinion affirming the jury verdict. The NYTimes in July 2004 published a profile of the novelist headlined "Caught Between the Law and the Written Word." And the novelist's web site can be accessed here. "Judge throws out terror charge in Padilla case": The Miami Herald provides a news update that begins, "The U.S. government's high-profile terror case against Jose Padilla and two other Muslims has suffered another serious setback as their Miami trial looms in January." And CNN.com reports that "Judge drops Padilla terror charge; Prosecutors told to choose between two remaining counts." You can access last Friday's ruling of the U.S. District Court for the Southern District of Florida at this link. The "Southern District of Florida Blog" provides this coverage of the ruling. "Supreme Court Suspends Jailed Texas AG": The Associated Press provides this report. You can access at this link the Order List that the Supreme Court of the United States issued today. "The Ninth Circuit Court of Appeals hears oral argument in Keshishian v. Gonzales": That oral argument, which occurred last Wednesday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, was featured on this past Saturday's broadcast of C-SPAN's "America & the Courts." You can view the program online, on-demand by clicking here (RealPlayer required). The three-judge panel consisted of Circuit Judges Alex Kozinski, Diarmuid F. O'Scannlain, and Jay S. Bybee. Posted at 03:44 PM by Howard Bashman Seventh Circuit adopts a presumptive sanction of $4,000 for a frivolous tax appeal: On July 5, 2006, I had a post titled "Circuit Judge Frank H. Easterbrook has harsh words both for tax protesters filing frivolous appeals and for the U.S. Department of Justice's Tax Division, which may have overstated the cost of responding to such appeals" about a ruling issued that day. In that earlier ruling, the Seventh Circuit asked the parties to file additional memoranda concerning the legal services for which the United States must pay to defend frivolous appeals in tax-protest cases. In a follow-up ruling issued today, Circuit Judge Easterbrook has more harsh words for the Tax Division. Today's bottom-line, as before, is that the Seventh Circuit has rejected the Tax Division's request to set the presumptive sanction in tax-protest cases at $8,000. "Ex-Athletic Director Loses Sex Bias Case; Judge rules Lafayette College didn't improperly fire plaintiff": In July 2003, Shannon P. Duffy had this article (free access) in The Legal Intelligencer. Today, a unanimous two-judge panel of the U.S. Court of Appeals for the Third Circuit affirmed in most respects but reinstated the plaintiff's claim under Title IX in accordance with the U.S. Supreme Court's recent ruling in Jackson v. Birmingham Board of Education. You can access today's Third Circuit ruling at this link. Posted at 02:54 PM by Howard Bashman Seven dwarfs may be more well-known than U.S. Supreme Court Justices, but judge from the Philippines who claimed to have consulted imaginary mystic dwarfs proves unable to retain his post: Recently, I linked here to a Reuters report headlined "Snow White's dwarfs more famous than US judges: poll." At about the same time, from the Philippines, The Manila Standard was reporting that "Dwarfs can’t help 'paranormal judge.'" And The Manila Times provided a report headlined "SC on 'dwende' judge." The ruling that the Supreme Court of the Philippines issued earlier this month refused to reconsider that court's ruling from March 2006. Following the earlier ruling, the court issued a press release entitled "Judge Separated from Service Due to Psychosis." In other press coverage, BBC News reported on Friday that "Filipino 'dwarf' judge loses case; A Philippines judge who said he consulted imaginary mystic dwarves has failed to convince the Supreme Court to allow him to keep his job" (via RNLA's "Judicial Confirmation Blog"). Agence France Presse reports that "Mystic dwarf judge sacked." And The Washington Post Online's "OFF/beat" blog offers these thoughts. Finally, in coverage of the earlier ruling, The Manila Times reported that "Judge with spirit 'pals' dismissed." In today's mail: An advance reading copy of "Confirmation Wars: Preserving Independent Courts in Angry Times," by Benjamin Wittes. And from The Green Bag, a certificate entitling me to one Justice Anthony M. Kennedy bobblehead doll. "Not Qualified: The American Bar Association and its role in our confirmation process." Ed Whelan has this essay in the August 28, 2006 issue of National Review. Posted at 11:32 AM by Howard Bashman Unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit holds unconstitutional a Missouri criminal statute that regulates advertising by businesses offering sexually explicit entertainment or materials: You can access today's ruling at this link. Posted at 11:22 AM by Howard Bashman "Finding a Friendly Court Is Not So Easy": In the Week in Review section of yesterday's issue of The New York Times, Jonathan D. Glater had an article that begins, "Planning a legal battle on a big constitutional case would seem to have little in common with making a real estate decision, but any lawyer will tell you that often the same thing matters in both arenas: location. When lawyers at the American Civil Liberties Union were deciding where to file their case against the Bush administration's policy of wiretapping the international communications of some Americans without a court warrant, they chose Detroit, more specifically the United States District Court there." Posted at 10:35 AM by Howard Bashman "Alito touts ECC police academy grads; There is a moment of silence for slain detective Shields": Last Thursday, The Newark (N.J.) Star-Ledger contained an article that begins, "Supreme Court Justice Samuel A. Alito Jr. yesterday called law enforcement one of the highest forms of public service and said the field has experienced marked improvement over recent years." Posted at 10:32 AM by Howard Bashman "The Garter Belt," nude dancing, and res judicata: Thanks to a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, the new week begins with a nude dancing decision. Unlike most nude dancing decisions, however, this morning's ruling principally concerns whether a state court's rejection of a constitutional challenge to a Michigan town's ordinance that prohibits nudity at "any establishment licensed or subject to licensing by the Michigan Liquor Control Commission" should preclude a topless dancer at the establishment (Leggs Lounge, owned by The Garter Belt, Inc.) from challenging the ordinance as unconstitutional in federal court. The majority holds that preclusion applies. Circuit Judge Ronald Lee Gilman's dissenting opinion begins, "The majority's decision in this case leads to an unnecessarily broad and perverse result--that once the Michigan courts have determined that a state statute complies with the federal Constitution, the federal courts are precluded from ever passing on the issue." "Justice will grind to a halt with 9th Circuit vacancies": This editorial appeared last Friday in The Times-News of Twin Falls, Idaho. Posted at 08:25 AM by Howard Bashman In today's issue of Legal Times: The publication contains articles headlined "Has Time Softened D.C. Circuit Nominee Peter Keisler's Partisan Edges? A Foot Soldier Of the Revolution: Keisler a Key Player in Terrorism and Tobacco" and "Judge Slams Lawyers For Role in Hiding Tobacco Risks" (both free access). Posted at 08:22 AM by Howard Bashman "Affirmance, Reversal and the NSA Wiretap Case: Ruling on domestic surveillance refocuses attention on trial court opinions' impact on appellate proceedings." The brand new installment of my weekly "On Appeal" column for law.com can be accessed here. Posted at 07:30 AM by Howard Bashman "Who Owns the Back of a Baseball Card? A legal ruling hits it out of the park." Law Professor Jack Williams has this op-ed today in The Los Angeles Times. Posted at 07:28 AM by Howard Bashman "Columbia-Educated Doctor Will Argue He Had To Help Al Qaeda": This article appears today in The New York Sun. Posted at 07:25 AM by Howard Bashman "A judicial hit piece": The Washington Times contains this editorial today. And yesterday, The Chicago Tribune contained an editorial entitled "Eavesdropping within the law." Also in yesterday's newspaper, Law Professor Jonathan Turley had an op-ed entitled "NSA ruling much like a pig in parlor." "Lethal Injection -- Still Lethal: Fighting the death penalty by calling lethal injection 'cruel' misses the crucial objection." This editorial appears today in The Los Angeles Times. Posted at 07:14 AM by Howard Bashman "Contesting the Bar to Asylum; The Justice Department asks for review of a Congolese woman's case; Activists say the denial implies rape is OK in investigations": Henry Weinstein has this article today in The Los Angeles Times. Posted at 07:11 AM by Howard Bashman "At Guantanamo, Caught in a Legal Trap; 6 Algerians Languish Despite Foreign Rulings, Dropped Charges": This front page article appears today in The Washington Post. Posted at 07:05 AM by Howard Bashman "British Law Against Glorifying Terrorism Has Not Silenced Calls to Kill for Islam": The New York Times contains this article today. Posted at 07:00 AM by Howard Bashman "1 in 8 murderers halted their appeals to speed execution": This article appears today in USA Today. Posted at 06:58 AM by Howard Bashman "Blawg Review #71": Available online here, at "QuizLaw." Posted at 06:45 AM by Howard Bashman Sunday, August 20, 2006 Available online from National Public Radio: Today's broadcast of "Weekend Edition Sunday" contained an audio segment entitled "Legal Precedent and the Bush-Gore Ruling." Yesterday's broadcast of "All Things Considered" contained audio segments entitled "Negotiator of '98 Deal Weighs New Tobacco Ruling" and "Ruling Sounds Death Knell for 'Light' Cigarette." And Friday's broadcast of "All Things Considered" contained an audio segment entitled "Debating the Fate of Domestic Wiretapping" featuring Law Professors Jeffrey Rosen and Douglas W. Kmiec. RealPlayer is required to launch these audio segments. "Dismissal of Lawsuit Against CU Appealed": The Associated Press provides a report that begins, "Lawyers for a woman who alleges she was raped by University of Colorado football players or recruits in 2001 have filed an appeal of a federal judge's dismissal of her lawsuit against the school." Posted at 09:08 PM by Howard Bashman "Court: Members of Congress not immune from discrimination suits." McClatchy Newspapers provide this report. My earlier coverage appears here. Posted at 08:23 PM by Howard Bashman "Blogging lawprofs, go back to your law review articles": Ann Althouse today has a post at her blog that begins, "Over at Balkinization, lawprof Larry Tribe writes a long-winded post defending Judge Anna Diggs Taylor's opinion in ACLU v. NSA. He thinks we bloggers have gone too far criticizing her, when there's so much reason to criticize the administration." Posted at 08:10 PM by Howard Bashman Philadephia Phillies 12, Washington Nationals 10: My son and I had the pleasure of attending this afternoon's baseball game at Citizens Bank Park. By the end of the fourth inning, the Phillies enjoyed a 10-1 lead. But that comfortable margin was not to last long, as the Nationals only trailed 10-8 after batting around in the sixth inning. And by the middle of the eighth inning, the Phillies' lead was only one run. The Phillies had themselves batted around in the third inning, perhaps explaining how a game that lasted only eight and a half innings took three hours and thirty-seven minutes to complete. You can access the box score at this link, while wraps are available online here and here. Next on the baseball agenda for my son and I -- attending this Thursday's game at Camden Yards in Baltimore, where the Orioles will be hosting the Minnesota Twins. That game will feature a Melvin Mora bobblehead give-away. "Sept. 11 plaintiffs wait for answers, resolution; Nearly 5 years later, lawsuits are stalled": This article appears today in The Boston Globe. Posted at 09:28 AM by Howard Bashman "U.S. Measures Anti-Terror Laws vs. Britain's; Some in the GOP want a more flexible system, such as that used to uncover an alleged plot; Critics say such changes would trample rights": The Los Angeles Times contains this article today. Posted at 09:25 AM by Howard Bashman Saturday, August 19, 2006 "The Bloggerati response to Judge Taylor's ruling in the NSA Case": Law Professor Laurence H. Tribe has this guest post today at the "Balkinization" blog. Posted at 11:58 PM by Howard Bashman "GOP Sees Strategic Advantage in Court Loss on Wiretapping; Keeping terrorism the topic of the day is thought to exploit a vulnerability of Democrats -- who'd rather talk about Iraq": Maura Reynolds has this article today in The Los Angeles Times. The Washington Post reports today that "Ruling Against Wiretaps Further Sharpens Partisan Divide." |