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Saturday, August 25, 2007 See you in September! Since this blog began in May 2002, I have spent the final week in August each year on vacation. And this year will be no different. New posts will next appear here on Sunday, September 2nd. In the interim, you may find me here, here, here, here, here, here, or here. Posted at 11:50 PM by Howard Bashman "Petitioners' Briefs Filed in Detainee Cases": Yesterday evening, "SCOTUSblog" published a post that begins, "Lawyers for detainees at Guantanamo Bay filed merits briefs today in Boumediene v. Bush (06-1195) and Al Odah v. United States (06-1196)." You can view those briefs and related amicus briefs both at that post and also via this link. Posted at 11:40 PM by Howard Bashman "Fieger indicted: Illegal donations to Edwards alleged; Lawyer denies charges that include conspiracy, obstruction of justice." This article appears today in The Detroit News, along with articles headlined "Flashy lawyer in spotlight again; From Kevorkian to 'Jenny Jones' cases and his own political battles, Fieger stirs controversy" and "Fieger's troubles may hurt Edwards; Though officials say candidate had no role in the case, charges could damage message." The newspaper also posted online this statement from attorney Geoffrey Fieger and the criminal indictment itself. And The Detroit Free Press today contains an article headlined "U.S. vs. Fieger: He's accused of illegal political donations; Attorney says he's victim of witch hunt." In addition, columnist Brian Dickerson has an op-ed entitled "Fieger's pumped, ready for showdown." Available online from law.com: Shannon P. Duffy reports that "3rd Circuit Slashes Punitive Damages Award; Case involves occupational therapy firm's tortious interference claims against a nursing home management company." My earlier coverage of Thursday's Third Circuit ruling appears at this link. And in other news, "2nd Circuit Rules on Latest Post-'Booker' Issue; Federal appeals court finds notice not required in violation of release conditions." You can access the ruling at this link. "$2 billion refund back in play; FERC must revisit state energy crisis, appeals court rules": This article appears today in The Sacramento Bee. Today in The San Francisco Chronicle, Bob Egelko reports that "Ninth Circuit Court revives California bid for electricity refunds." Bloomberg News reports that "U.S. Must Reconsider Denial of Energy Crisis Refunds." And Reuters reports that "Californians could get $1.3 billion in energy ruling." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "In an unusual move, federal judge seeks spot on state court": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 08:28 PM by Howard Bashman "In Court Ruling, Noriega Is Cleared for Extradition to France": This article appears today in The New York Times. Today in The Miami Herald, Jay Weaver has an article headlined "Noriega extradition hearing can proceed; Former Panamanian dictator Manuel Noriega, who is being released from a Miami-area prison next month, may soon be on his way to France to face money-laundering charges." And The Los Angeles Times reports that "Noriega is cleared for extradition; The former Panamanian dictator can be sent to France once he leaves U.S. prison, a federal judge rules." "Military Says It Can Repair Guantanamo Trial Defects": The New York Times today contains an article that begins, "In an effort to revive the war crimes trials at Guantanamo, military prosecutors argued on Friday in a special appeals court that defects in their cases identified by two military judges in June could be repaired and that the prosecutions could proceed." The Toronto Star reports today that "Khadr case goes to new U.S. review commission." McClatchy Newspapers report that "U.S. urges military appeals court to let detainee's case proceed." And today's broadcast of NPR's "Weekend Edition Saturday" contained an audio segment entitled "Detainee Appeals Court Hears First Case" (RealPlayer required). "Justice for an 'Enemy Combatant': The case of a legal U.S. resident held without charge returns to federal court." The Washington Post today contains an editorial that begins, "The decision by the full U.S. Court of Appeals for the 4th Circuit on Wednesday to rehear the case of alleged enemy combatant Ali Saleh Kahlah al-Marri does not bode well for those the Bush administration has detained in the war on terrorism." Posted at 08:03 PM by Howard Bashman "No rehearing in Summum case": The Deseret Morning News today contains an article that begins, "The 10th Circuit Court of Appeals in Denver has denied a request for a larger rehearing on the issue of the Summum religious group's ability to erect a display next to displays of the Ten Commandments in the city parks of Duchesne and Pleasant Grove. In a published opinion issued Friday evening, 10th Circuit judges were split 6-to-6 on whether to grant requests by Duchesne and Pleasant Grove cities to have all 12 of the 10th Circuit judges rehear the case." And The Salt Lake Tribune reports today that "Summum prevails in appeals court; Judges decline to reconsider decision backing display of Seven Aphorisms." My earlier coverage of yesterday's Tenth Circuit order appears at this link. "Spying Program May Be Tested by Terror Case": Adam Liptak will have this article Sunday in The New York Times. Posted at 07:44 PM by Howard Bashman "This case concerns the reasonable expectation of privacy associated with password-protected computers." So began an opinion that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued on April 25, 2007. My earlier coverage of that ruling appears here. On Friday, the Tenth Circuit issued an order denying rehearing en banc in the case. The order notes that four judges had voted to grant rehearing en banc. Attached to the order is the divided three-judge panel's original decision. Posted at 12:30 AM by Howard Bashman "Appeals court won't review ruling on Summum faith's display of Seven Aphorisms in park": The Salt Lake Tribune provides a news update that begins, "The 10th U.S. Circuit Court of Appeals today declined to reconsider earlier decisions that said parks are public forums and followers of the Summum faith have a right to display their Seven Aphorisms next to the Ten Commandments. In a rare occurrence, the full court split 6-6 on whether to agree to requests by Pleasant Grove and Duchesne to rehear their appeals concerning Summum's right to erect its own monument in public parks. The tie vote lets stand rulings by a three-judge panel in favor of the Salt Lake City-based religious organization." Accompanying Friday's order of the U.S. Court of Appeals for the Tenth Circuit denying rehearing en banc by an equally divided vote are two dissenting opinions, one concurring opinion, and the panel's original rulings from April 2007. Friday, August 24, 2007 "Judges asked to order the return of O.C. men's pot; The medical marijuana users ask the state appellate court to order the return of the drug that doctors recommend they use for pain": The Los Angeles Times contains this article today. Posted at 10:55 PM by Howard Bashman "Role of Telecom Firms in Wiretaps Is Confirmed": This article appears today in The New York Times. And The Los Angeles Times reports today that "Spy chief's disclosures stun Congress; McConnell is criticized for offering once-classified details about the wiretapping program in an interview." You can access the interview transcript at this link. "Prosecutors Push to Resume War Crimes Trials": The New York Times provides this news update. Posted at 08:57 PM by Howard Bashman Bob Egelko is reporting: In today's edition of The San Francisco Chronicle, he has an article headlined "Lawyer: Spy boss undercuts security case by confirming AT&T role." And this afternoon, he has a news update headlined "Federal judge looking to move onto state appeals bench" that begins, "U.S. District Judge Martin Jenkins, whose current docket includes major cases on sex discrimination and global warming, said Friday that he has applied to Gov. Arnold Schwarzenegger for a vacant position on the state appeals court in San Francisco. Jenkins, a former state trial judge in Oakland and a federal judge in San Francisco since 1997, verified a report by the National Law Journal that he has submitted an application for appointment to the First District Court of Appeal. He declined further comment." "N.J. Top Court to Decide Scope of Protection for Sports Spectators": law.com provides this report. Posted at 08:33 PM by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "New Appeals Court Mulls 'Enemy Combatant' Labels" and "Ex-Dictator Noriega In Limbo as Release Looms." Posted at 08:27 PM by Howard Bashman "Judge won't block Noriega's extradition": Jay Weaver of The Miami Herald provides a news update that begins, "A federal judge Friday denied former Panamanian dictator Manuel Noriega's request to halt his extradition to France on money-laundering charges related to his drug conviction in Miami. U.S. District Judge William Hoeveler rejected the former general's argument that because the judge had designated him as a prisoner of war after his sentencing in 1992, he was entitled to be returned to Panama under the Geneva Convention." And The Associated Press reports that "Judge Won't Halt Noriega Extradition." You can access today's ruling of the U.S. District Court for the Southern District of Florida at this link. "Phone call fateful in Padilla conviction; Jurors in Jose Padilla's terrorism trial saw him as a bit player in a South Florida conspiracy to support jihad abroad, but convicted him based on a single phone call": This article appears today in The Miami Herald. Posted at 05:28 PM by Howard Bashman "Fieger, law partner indicted in campaign case; Former Fieger attorney says: 'It's going to be the battle of the titans.'" The Detroit News provides an update that begins, "A federal grand jury has indicted Southfield attorney Geoffrey Fieger and his law partner Vernon (Ven) Johnson of conspiring to make illegal campaign contributions to presidential candidate John Edwards' 2004 campaign. The indictment was unsealed today in U.S. District Court in Detroit. A grand jury, which works in secret, had returned it under seal on Tuesday, officials said. The 30-page, 10-count indictment charges Fieger with conspiracy, obstruction of justice, making illegal campaign contributions and causing false statements." The Detroit Free Press provides a news update headlined "Fieger, partner indicted on campaign finance charges." And The Associated Press reports that "Ex-Kevorkian Atty Charged Over Donations." You can access the indictment, unsealed today, at this link. "White House Defends US Terror Tribunals": The Associated Press provides a report that begins, "The Bush administration argued Friday that discrepancies between the nation's new terror law and the way it is being carried out should not stall one of the Pentagon's first terrorism trials. Arguing before the newly formed U.S. Court of Military Commission Review, government attorneys urged judges to look beyond the letter of the law when deciding whether the military undermined its terrorism tribunals at Guantanamo Bay." Posted at 01:54 PM by Howard Bashman "Judge to rule Monday on Missouri abortion law": The Kansas City Star today contains an article that begins, "A federal judge announced Thursday that he will decide by 5 p.m. Monday whether to delay enforcement of a new Missouri law regulating abortion clinics." And The Associated Press reports that "Planned Parenthood Seeks to Halt Mo. Law." "Schlozman Leaves Justice Dept. Amid Questions": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 10:00 AM by Howard Bashman Thursday, August 23, 2007 "Suit over Fulton strip searches can go forward; Seven former jail detainees may sue; court requires reasonable cause for such searches": Bill Rankin of The Atlanta Journal-Constitution provides this news update about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today. Posted at 11:54 PM by Howard Bashman "The broader question this argument presents is whether, and if so when, a panel of this Court may vary from a specific holding of an earlier one based on the reasoning the Supreme Court used to reach a later decision on a different issue." Eleventh Circuit Judge Ed Carnes issued a very interesting concurring opinion today addressing that question. Posted at 11:50 PM by Howard Bashman "Before us are cross-appeals arising from the reduction of a $30 million punitive damages verdict to $2 million." So states the opinion that the majority on a divided three-judge Third Circuit panel issued today. The majority further reduced the punitive damages award to $750,000, while the dissent laments the difficulty in discerning the "spirit" of an appellate court's mandate. Posted at 11:35 PM by Howard Bashman "Source: Vick will not admit to killing dogs or gambling on dog fights." ESPN.com provides this news update. Posted at 11:30 PM by Howard Bashman "[A]s a matter of first impression, we must decide whether, or under what circumstances, appellate attorney's fees are 'costs on appeal' that a district court may require an appellant to secure in a bond ordered under Federal Rule of Appellate Procedure 7": A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision today. The decision also addresses whether a district court may include in a Rule 7 bond appellate attorney's fees that might be awarded by the court of appeals if that court holds that the appeal is frivolous under Federal Rule of Appellate Procedure 38. "Federal Circuit Will Change Its Web Page Address and Domain Name Effective October 1, 2007": The old web site provides the details here, while the new web site is not yet up and running. Posted at 10:58 PM by Howard Bashman Three-judge Eighth Circuit panel affirms federal district court's rejection of claims that that Missouri law violates the Equal Protection Clause; Title II of the Americans with Disabilities Act of 1990; and section 504 of the Rehabilitation Act of 1973 by disqualifying persons under court-ordered guardianship from voting: You can access today's ruling at this link. Posted at 10:55 PM by Howard Bashman Second Circuit affirms criminal conviction under federal Wild Bird Conservation Act of 1992 for illegally importing black sparrowhawks: You can access today's ruling at this link. Posted at 08:47 PM by Howard Bashman "We hold that the actual-malice standard applies to Compuware's breach of contract claim because the contract pertains solely to the publication of protected speech, the claim exclusively relies on arguments grounded in negligence and vague implied contractual duties, and the plaintiff has not suffered a contractual injury but complains only of reputational or defamation-type harm." A lawsuit that plaintiff Compuware Corporation filed against defendant Moody's Investors Services Inc. produced this interesting ruling today by a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit. The dissenting opinion begins, "The extension of First Amendment tort law principles to contract cases is unwarranted and entirely unprecedented, except for a lone bankruptcy court case." Posted at 08:20 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Court Clears Way for Whole Foods Merger" and "Court to Rehear Enemy Combatant Case." Posted at 07:47 PM by Howard Bashman "Killer's Voluntary Death Sentence Upheld": In news from Kentucky, The Associated Press reports that "The state Supreme Court on Thursday unanimously upheld the death sentence of a convicted child murderer who wants to be put to death." You can access today's ruling of the Supreme Court of Kentucky at this link. "Nacchio remains free pending appeal; Former Qwest CEO wins ruling to remain free pending appeal": This article appears today in The Denver Post. The Rocky Mountain News reports today that "Unfettered Nacchio is a free man for now." And The Associated Press provides a report headlined "Court: Nacchio Can Remain Free on Bond." "Padilla sues US officials over confinement; Despite his conviction on terror conspiracy charges, his lawyers say he suffered 'psychological abuse' during military detention": Warren Richey will have this article Friday in The Christian Science Monitor. And online at Reason, Jacob Sullum has essays entitled "The Disappearing Dirty Bomber: Jose Padilla's trial was not so swift, and neither was he" and "The Terrorist Trainee, the Terrorist's Lawyer, and the Pizza Guy." "Viewing Child Porn on Computer Enough For Possession": The Legal Intelligencer provides this news update reporting on a ruling that a divided en banc panel of the Superior Court of Pennsylvania issued today in Commonwealth v. Diodoro. The original three-judge panel ruling in the Diodoro case was a subject of the December 4, 2006 installment -- headlined "Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?" -- of my "On Appeal" column for law.com. Programming note: A busy day out of the office (my son and I will be heading here momentarily) means that new posts won't appear until sometime later today. Posted at 10:02 AM by Howard Bashman Wednesday, August 22, 2007 "Anthony subs for Joyce; Retired Erie County judge tapped to step into Superior Court vacancy": This article appears today in The Erie (Pa.) Times-News. And The Associated Press reports that "Pa. Supreme Court picks substitute for suspended judge." "Court: Overnight truck parking ban illegal." The Miami Herald provides a news update that begins, "The Third District Court of Appeal ruled that the city of Coral Gables can't ban trucks from parking on residential streets overnight. Lowell Kuvin filed the suit in 2003 after being fined $50 for parking his pickup truck, a Ford F-150, in front of his home overnight. The city ordinance allows residents to own trucks, but they must be kept in garages or outside the city at night." You can access today's ruling of Florida's Third District Court of Appeal at this link. "State high court to consider legality of S.F. affirmative action": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The California Supreme Court took up its first affirmative action case in almost seven years today, agreeing to decide the legality of San Francisco's program that grant preferences for minority and female contractors. The court granted a hearing on appeals by two companies that say the city ordinance violates Proposition 209, the 1996 initiative that outlawed race and sex preferences in public contracting, employment and education." And The Associated Press reports that "Justices to decide legality of SF affirmative action program." "Al-Marri case to be reheard": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Fourth Circuit Court on Wednesday agreed to reconsider the question of the President's power to order the capture inside the U.S., and the prolonged detention afterward in a military prison, of a civilian suspected of terrorist ties." Posted at 06:10 PM by Howard Bashman "Ban on Window Peeping Is Sought": The New York Sun provides a news update that begins, "At one time or another, many New Yorkers unwittingly find themselves staring into the window of an adjacent building and spotting a neighbor in a state of undress. It's almost unavoidable among the city's close quarters and some might go so far as to call it a beloved pastime. But it may become illegal under new legislation before the City Council. Council Member Peter Vallone Jr. of Queens is proposing to outlaw voyeurism by extending a state law that forbids non-consensual peeping with cameras to peeping with the naked eye." Posted at 05:00 PM by Howard Bashman The confrontation clause and testimony about the results of blood tests to prove that the defendant had committed the offense of driving while impaired: A divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued an interesting decision in a criminal appeal. The defendant argued on appeal that his confrontation clause rights were violated when the director of a toxicology lab testified about the results of the tests the lab had performed on the defendant's blood sample, because it was other employees of the lab who had performed the actual tests. The majority affirmed the conviction, finding no confrontation clause violation. But Circuit Judge M. Blane Michael issued a dissenting opinion that concluded: "In sum, the laboratory test results admitted against Washington were testimonial statements. Washington therefore had the right to confront and cross-examine the technicians who conducted the tests on his blood. Because Washington was not provided this opportunity, and the government does not contend that the witnesses were unavailable, his Confrontation Clause right was violated." The Associated Press is reporting: Now available online are articles headlined "Growing Pains for Terror Appeals Court" and "Justice Dept. Argues Limits of FOIA Law." Posted at 03:15 PM by Howard Bashman A Federal Circuit ruling that even an economist could love: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a decision holding that the Board of Patent Appeals and Interferences "did not err in concluding that it would have been obvious to combine the known inflation-adjusted loan accounts of Mukherjee with the known balloon payments of Weiner." Posted at 11:40 AM by Howard Bashman "Ford Truck Patents Are Winning Trade Fight": Columnist Cindy Skrzycki has this essay online at Bloomberg News. Posted at 11:25 AM by Howard Bashman "Court overturns ruling on synagogue in Hancock Park": The Los Angeles Times today contains an article that begins, "A federal appeals court Tuesday overturned a lower court's decision that permitted an Orthodox Jewish congregation to operate a synagogue in a residential neighborhood of Los Angeles' Hancock Park area. The U.S. 9th Circuit Court of Appeals ruled that the lower court erred when it dismissed a lawsuit by a neighborhood group. The League of Residential Neighborhood Advocates contended that an agreement between Congregation Etz Chaim and the city of Los Angeles violated zoning laws." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Bad Judgment: The attorney general may soon have unwarranted power in death penalty cases." This editorial appears today in The Washington Post. Posted at 08:15 AM by Howard Bashman "Translating a Ruling Into New Limits for Issue Ads": The Washington Post today contains an article that begins, "In June, Chief Justice John G. Roberts Jr. and a bare majority of his colleagues blew up a key provision of the campaign finance overhaul that Congress passed in 2002. Now the Federal Election Commission has begun to piece together the fragments that remain to answer this question: What can issue-oriented political ads that are paid for with corporate or union cash say before they become a clear appeal to vote for or against a presidential or congressional candidate?" And yesterday, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision addressing the legality of Colorado's citizen-passed campaign finance reform amendment designed to limit the influence of certain types of corporations' general funds on state elections. In coverage of that ruling, The Associated Press reports that "Appeals court affirms Colorado Right to Life ruling." "A Blood Sport Exposed: Vick's Case Puts Dogfighting Culture in the Spotlight." This lengthy front page article appears today in The Washington Post. Posted at 08:04 AM by Howard Bashman "An Unjust Judge": Yesterday in The Washington Post, Nan Aron had an op-ed that begins, "To understand the furor over President Bush's nomination of Leslie Southwick to the U.S. Court of Appeals for the 5th Circuit, one should start with the Goode family of Mississippi." Posted at 07:52 AM by Howard Bashman "A Successful Plan for Racial Balance Now Finds Its Future Uncertain": This article appears today in The New York Times. Posted at 07:50 AM by Howard Bashman "The Warrantless Debate Over Wiretapping": Philip Bobbitt has this op-ed today in The New York Times. Posted at 07:48 AM by Howard Bashman "Jose Padilla Makes Bad Law: Terror trials hurt the nation even when they lead to convictions." Michael B. Mukasey has this op-ed today in The Wall Street Journal. Posted at 07:42 AM by Howard Bashman Today's edition of The Wall Street Journal is reporting: Peter Lattman has an article headlined "Patent Ruling May Help Firms' Defense in Suits." My earlier coverage of Monday's en banc Federal Circuit ruling can be accessed here. And in other news, "Lawyers Gear Up Grand New Fees; Hourly Rates Increasingly Hit $1,000, Breaching a Level Once Seen as Taboo." "Appeals court upholds ban on Bible distribution to fifth-graders": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued yesterday. The trial court's ruling, which the Eighth Circuit affirmed yesterday, can be viewed at this link. Posted at 07:32 AM by Howard Bashman "American Express Pays $3M To Get Appeals Dropped": Josh Gerstein had this article yesterday in The New York Sun. Posted at 07:28 AM by Howard Bashman "Public will see R. Kelly tape; Judge rules video key part of case": The Chicago Tribune provides a news update that begins, "The judge in the R. Kelly child pornography case on Tuesday upheld his ruling allowing the public to view a videotape that allegedly shows the R&B singer having sex with a minor." Posted at 12:03 AM by Howard Bashman Tuesday, August 21, 2007 "Spy Court Gets New Home of Its Own": The Associated Press provides a report that begins, "The nation's spy court is moving from its longtime home at the Justice Department to a nearby federal courthouse, a move that some hope will assert the court's independence even as Congress shifts some of its authority to the Bush administration." Posted at 11:58 PM by Howard Bashman "George Ryan loses appeal, but remains free": The Chicago Sun-Times provides a news update that begins, "Former Gov. George Ryan’s conviction on corruption charges was upheld today by a federal appeals court, but the once-powerful Republican will not have to immediately report to prison. Instead, the 7th Circuit U.S. Court of Appeals late this afternoon ruled that Ryan can remain free as his attorneys continue to appeal the case. Ryan was to report to prison by Friday morning." The Chicago Tribune provides a news update headlined "Ryan will remain free during second appeal." And The Associated Press reports that "Ex-Illinois Governor's Conviction Upheld." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link. Myrtle Beach Pelicans 10, Wilmington Blue Rocks 8: My son and I were back in Wilmington, Delaware this evening to see the Carolina League game between the home Blue Rocks -- the Class A-advanced affiliate of the Kansas City Royals -- and the visiting Pelicans -- the Class A-advanced affiliate of the Atlanta Braves. Although there was plenty of rain in the region today, the game started on time and, fortunately, little more than a steady mist began to fall late in the game, allowing the full nine innings to be played. Yet the inclement weather, or excessive pine tar, prevented George Brett from attending tonight's game, although he was present in bobblehead form as a give-away. You can access online the box score, the game log, and a game recap. Posted at 11:44 PM by Howard Bashman Programming note: I'll be traveling to northeastern Pennsylvania this morning to meet with co-counsel in an appeal that I was recently hired to work on. Additional posts will appear here later today. Posted at 06:30 AM by Howard Bashman "Cheney's Office Says It Has Wiretap Documents": The Washington Post today contains an article that begins, "Vice President Cheney's office acknowledged for the first time yesterday that it has dozens of documents related to the administration's warrantless surveillance program, but it signaled that it will resist efforts by congressional Democrats to obtain them." And The New York Times reports today that "Senator Threatens to Charge White House With Contempt." "Take Al Qaeda to Court": Kelly Anne Moore has this op-ed today in The New York Times. Posted at 06:25 AM by Howard Bashman "Plaintiffs Find Payday Elusive in Vioxx Cases": This article appears today in The New York Times. Posted at 06:24 AM by Howard Bashman Available online from law.com: An article reports that "Patent Defendants Score Big at Federal Circuit; Court clarifies guidelines on willful infringement, waivers of attorney-client privilege." My earlier coverage of yesterday's en banc Federal Circuit ruling can be accessed here. In other news, "Rights Cases Multiply Against Corporations; Growth of global operations, key appellate case lead to upswing." As I previously noted here, there was a significant development yesterday in one of these cases pending on appeal in the Ninth Circuit.. An article reports that "5th Circuit Certifies Major Insurance Questions to Texas High Court." You can access the ruling in question at this link. An article is headlined "D.C. Circuit: Grand Jury Witnesses Can Review Testimony." You can access the ruling at this link. And in other news, "Criminal Attorneys Provide Post-Game Analysis of Padilla Case." Monday, August 20, 2007 "Padilla case lacked key piece of evidence": The Miami Herald provides a news update that begins, "It looked like smoking-gun evidence: a suspected al Qaeda graduation list with Jose Padilla's alleged Muslim name written on it. Had it gone before jurors, the list might have placed Jose Padilla directly at an al Qaeda training camp in Afghanistan in September 2000, just after he had allegedly filled out his application to be a jihad soldier. But prosecutors couldn't introduce the list." Posted at 09:10 PM by Howard Bashman "Dred Scott 150 Years On": This audio segment (available in both RealPlayer and Windows Media Player formats) -- featuring Justice Stephen G. Breyer and Law Professors John McGinnis and Charles Ogletree -- appeared on today's broadcast of the public radio program "On Point." Posted at 08:50 PM by Howard Bashman "The Hospital Visit, Revisited: The FBI director verifies Mr. Gonzales's arm-twisting." This editorial appears today in The Washington Post. Posted at 08:45 PM by Howard Bashman "Cuban spies appeal for US retrial; Five Cubans convicted in the US of spying for Havana have appealed for a retrial, saying they were found guilty because of anti-Castro bias": BBC News provides this report. The Associated Press reports that "'Cuban Five' Plea for Freedom." This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Five Men in Cuba Spying Case Appeal Convictions" (RealPlayer required). And today's edition of The Miami Herald contains an article headlined "'Cuban Five' appeal to be heard; The case of five Cubans convicted of spying in 1998 comes up for its third appeals review in Atlanta." "Suspended Pa. judge pleads not guilty, says he will retire": The Associated Press provides a report that begins, "Suspended Superior Court Judge Michael T. Joyce pleaded not guilty Monday to federal charges of mail fraud and money laundering, but abandoned his re-election campaign and said he plans to retire when his term expires in January." The Legal Intelligencer provides a news update headlined "Judge Joyce Drops Bid for Retention." And The Erie Times-News provides an update headlined "Joyce pulls out of race." "[W]e clarify the scope of the waiver of attorney-client privilege and work product protection that results when an accused patent infringer asserts an advice of counsel defense to a charge of willful infringement." Late this afternoon, the en banc U.S. Court of Appeals for the Federal Circuit issued its decision in In re Seagate Technology, LLC. Posted at 05:30 PM by Howard Bashman "Researcher Taps High Court Over Samples": The Associated Press provides a report that begins, "A cancer researcher is asking the Supreme Court to block a decision handing ownership of thousands of blood and tissue samples to a university. Dr. William Catalona spearheaded creation of a repository of more than 3,500 prostate tissue samples and 100,000 blood samples during a 27-year career at Washington University in St. Louis." My earlier coverage of the Eighth Circuit's ruling in this case can be accessed here. Update: The AP is now reporting that "Top Court Judge Rejects Doctor's Request." "Split Third Circuit debates (at extraordinary length) reasonableness review": Law Professor Doug Berman has this post today at his "Sentencing Law and Policy" blog noting a decision that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today. Posted at 03:50 PM by Howard Bashman "Vick takes plea deal, avoids additional dogfighting charges": The Virginian-Pilot provides a news update that begins, "Atlanta Falcons quarterback and Hampton Roads native Michael Vick has accepted a plea deal -- and a likely prison sentence -- to avoid additional federal charges related to a professional dogfighting operation, according to one of Vick's attorneys. Vick is going to enter a guilty plea to the felony conspiracy charge next Monday at 10:30 a.m., said Lawrence Woodward, one of Vick's defense attorneys." And CNN.com provides an update headlined "Report: Vick agrees to plea deal, prison possible." Access today's U.S. Supreme Court Order List: The Court has posted it online at this link. Posted at 01:35 PM by Howard Bashman The battle over whether to mandate use of the vaccine for human papilloma viruses may have been intense, and so is the battle over patent rights to that vaccine: The U.S. Court of Appeals for the Federal Circuit issued this ruling today. Posted at 01:30 PM by Howard Bashman "Toy Recalls May Push 'Medical Monitoring' Debate; Suits Seek Funds to Test Children Before Injuries Show": This article appears today in The Wall Street Journal. Posted at 01:25 PM by Howard Bashman Ninth Circuit grants rehearing en banc to consider questions of justiciability and exhaustion in the context of the Alien Tort Claims Act: Over one year ago, on August 7, 2006, I had a post titled "Divided three-judge Ninth Circuit panel reinstates most of the claims of Bougainville, Papua New Guinea residents who allege that they or their family members were victims of numerous violations of international law resulting from Rio Tinto, PLC's Bougainville mining operations and the 10-year civil conflict that followed an uprising at the Rio Tinto mine" noting a lengthy decision issued that day. More recently, on April 12, 2007, that same divided three-judge panel issued a revised opinion and dissent that was even longer than the panel's original decision. Today, the Ninth Circuit issued an order granting rehearing en banc in the case. The battle of Monster versus Freek was moot: On Friday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an order in typescript form vacating that panel's earlier decision on the merits issued on June 29, 2007. According to Friday's order, the dispute had become moot on June 8, 2007, when the parties entered into a settlement agreement. Why neither of the parties brought the settlement agreement to the Ninth Circuit's attention during the three weeks that followed between the time of the settlement and when the Ninth Circuit issued its ruling is not immediately apparent. "European Legal Circles Await Ruling by Top Appeals Court on Microsoft": This article appears today in The New York Times. Posted at 08:23 AM by Howard Bashman "A Quest to Get More Court Rulings Online, and Free": The New York Times today contains an article that begins, "The domination of two legal research services over the publication of federal and state court decisions is being challenged by an Internet gadfly who has embarked on an ambitious project to make more than 10 million pages of case law available free online." Posted at 08:20 AM by Howard Bashman "Greasing the Wheels on the Machinery of Death": You can access at this link (TimesSelect temporary pass-through link) today's installment of Adam Liptak's "Sidebar" column. Posted at 08:17 AM by Howard Bashman "Kentucky Trial Derby": The Wall Street Journal today contains an editorial that begins, "How's this for a legal bestseller? Three tort lawyers are accused of defrauding their clients of $62 million. A state judge signs off on the scam, and is rewarded with a cushy job. When the scandal comes to light, the bar association looks the other way and another state judge fails to force the men to return the money. A federal judge finally intervenes and jails all three as flight risks." Posted at 08:14 AM by Howard Bashman "Dispute Over Monkey Meat Hits on Religious Freedom": The New York Sun today contains an article that begins, "What started as a late-night talk show joke topic -- a New York woman originally from Liberia who was indicted for allegedly trying to smuggle steaks of monkey meat into America via John F. Kennedy International Airport -- is shaping up into a potentially major religious freedom dispute." Posted at 08:00 AM by Howard Bashman "On Tap: Hey, That New Wiretapping Law Isn't Really So Bad." Benjamin Wittes has this essay online today at The New Republic. Posted at 07:55 AM by Howard Bashman Sunday, August 19, 2007 "The Founders Had an Idea for Handling Alberto Gonzales": Adam Cohen has this Editorial Observer essay today in The New York Times. Posted at 11:02 PM by Howard Bashman "Insurers believed judge; Indictment indicates companies didn't verify Joyce's medical claims": The Erie (Pa.) Times-News contains this article today. Yesterday's newspaper reported that "Court suspends judge; Joyce will continue drawing $165,000 state salary while criminal case plays out." An editorial in yesterday's newspaper was entitled "Joyce's suspension swift, appropriate." And Pat Howard yesterday had an op-ed entitled "Questions in Joyce case go beyond judge's actions." Yesterday in The Pittsburgh Tribune-Review, Jason Cato had an article headlined "State Supreme Court suspends Erie judge." The Philadelphia Inquirer reported yesterday that "Pa. court orders judge to step aside." And The Associated Press reports that "Pay raise, indictment, could enliven humdrum retention votes." "Qualified to Serve: The opponents of appeals court nominee Leslie H. Southwick haven't made their case." This editorial appeared yesterday in The Washington Post. Posted at 08:54 PM by Howard Bashman New York Yankees 9, Detroit Tigers 3: At the suggestion of a colleague from northern New Jersey, my son and I and that colleague were at Yankee Stadium this afternoon to see the Yankees defeat the Tigers in convincing fashion. You can access the box score at this link, while wraps from MLB.com are here and here. Posted at 08:48 PM by Howard Bashman Saturday, August 18, 2007 Wilmington Blue Rocks 9, Lynchburg Hillcats 8: My son and I tonight both attended our first ever Class A-advanced Carolina League game, as the home team Blue Rocks won in walk-off fashion in the bottom of the 9th on Judy Johnson bobblehead doll night. We had great seats, just two rows from the field in section 11. You can view the box score at this link, while the game log is here. Posted at 10:35 PM by Howard Bashman "Secret Court Asks For White House View on Inquiry; ACLU Seeking Rulings Issued On Warrantless Wiretapping": The Washington Post contains this article today. The New York Times reports today that "Court Weighs Making Public Rulings on U.S. Wiretapping." The Baltimore Sun reports that "Spy court acts on request by the ACLU; Administration told to respond on wiretap rulings." And at "SCOTUSblog," Lyle Denniston has a post titled "Secret court seeks briefing on wiretap orders." You can view the court's order at this link. "Concern Over Wider Spying Under New Law": This article will appear Sunday in The New York Times. Posted at 03:20 PM by Howard Bashman Available online from law.com: Tony Mauro reports that "Issue of 'Strategic Recusals' Arises in Key Supreme Court Case." In other news, "Pa. Supreme Court Suspends Indicted Judge." Marcia Coyle reports that "Federal Circuit Denies Appeal by Attorney 'Wronged' in Court." My earlier coverage of last Monday's ruling appears at this link. An article reports that "11th Circuit Applies Supreme Court High-Speed Chase Ruling." You can access last Tuesday's ruling at this link. And the new installment of my "On Appeal" column is headlined "You Call That a Notice of Appeal?" "Padilla Case Offers a New Model of Terrorism Trial": Adam Liptak has this news analysis today in The New York Times. Posted at 09:44 AM by Howard Bashman Friday, August 17, 2007 "This is high-stakes litigation involving a challenge to procedures adopted by the Secretary of the Interior Department to circumvent the consequences of the Supreme Court's Eleventh Amendment decision in Seminole Tribe of Florida v. Florida": So begins a 76-page decision that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today. Chief Judge Edith H. Jones issued the lead opinion, holding that the Secretary of the Interior lacked the authority to promulgate the regulations at issue. Circuit Judge Carolyn Dineen King concurred in the judgment in a separate opinion. And Circuit Judge James L. Dennis issued a lengthy and spirited dissenting opinion. The U.S. Supreme Court's 5-4 ruling from 1996 in the Seminole Tribe case can be accessed via this link. "Miami jury convicts Padilla in terror trial; Former enemy combatant Jose Padilla and two codefendants were convicted by a Miami federal jury of conspiring to support terrorism abroad": This article appears today in The Miami Herald. The New York Times reports today that "Padilla Is Guilty on All Charges in Terror Trial." The newspaper also contains an editorial entitled "The Padilla Conviction." The Washington Post contains a front page article headlined "Jury Convicts Jose Padilla of Terror Charges; Two Co-Defendants Also Found Guilty." An editorial is entitled "Jose Padilla's Due Process: The five-year path to a verdict is an indictment of the administration." And Law Professor Jenny S. Martinez has an op-ed entitled "The Real Verdict on Jose Padilla." The Los Angeles Times contains articles headlined "Padilla convicted of all charges; The verdict is a boost for the administration and may encourage prosecution of other enemy combatants" and "Simple phrase was key to case; A 1996 provision making a crime to 'provide material support' to terrorists was crucial to the prosecution." An editorial is entitled "Justice, at last: The conviction of the U.S. citizen who spent more than three years imprisoned as an 'enemy combatant' shows terrorists can be tried in civilian courts." And Law Professor Stephen I. Vladeck has an op-ed entitled "The lost Padilla verdict: What should've gone on trial were the administration's tactics in detaining the one-time 'dirty bomber' suspect." And The South Florida Sun-Sentinel today contains articles headlined "Miami jury convicts Padilla, two others, of supporting terrorism" and "Unanimous verdict is a partial victory for Bush strategy in war on terrorism." "White House Wants More Time on Subpoenas": The Associated Press provides a report that begins, "The White House on Friday asked a Senate panel for more time to produce subpoenaed information about the legal justification for President Bush's secretive eavesdropping program." Posted at 08:57 PM by Howard Bashman "Appeals court OKs lawsuit against Cingular": Reuters provides this report. My earlier coverage of today's Ninth Circuit ruling appears at this link. "Neas Leaving People for the American Way": The Associated Press provides a report that begins, "Ralph Neas is stepping down as president of People for the American Way, a liberal organization that has fought President Bush's conservative judicial nominations." And People for the American Way has issued a press release entitled "Neas Announces Decision to Step Down as 'People For' President." "FBI Director's Notes Contradict Gonzales's Version Of Ashcroft Visit": This front page article appears today in The Washington Post. And The New York Times reports today that "Notes Detail Pressure on Ashcroft Over Spying." "A Marylander to Honor: Remember Hugh Lennox Bond, Not Roger B. Taney." Charles Lane has this op-ed today in The Washington Post. Posted at 08:27 PM by Howard Bashman "Judge Says Cleaners' Bid Not Frivolous": The Washington Post today contains an article that begins, "The judge who sent Roy Pearson packing gave him a final sendoff yesterday. In a written order, D.C. Superior Court Judge Judith Bartnoff offered her take on the efforts by the Northeast Washington dry cleaners to collect attorneys' fees stemming from Pearson's failed lawsuit over a pair of pants. They were hardly frivolous, as Pearson had claimed, she said." Posted at 08:24 PM by Howard Bashman "Kerr and Lederman Battle it Out Over FISA and the Supreme Court At BloggingHeads TV": Orin Kerr has this post at "The Volokh Conspiracy" noting a new episode of Bloggingheads.tv featuring him and Marty Lederman. Posted at 05:33 PM by Howard Bashman "Murphy Seeks En Banc Review of D.C. Circuit Panel's Decision": "TaxProf Blog" provides a post that begins, "The attorneys for Marrita Murphy today filed a Petition for Rehearing En Banc in the D.C. Circuit, requesting that the full court review the three-judge panel's July 3, 2007 decision in Murphy v. IRS, No. 03cv02414, which upheld the taxation of Mrs. Murphy's compensatory personal injury award (and rejected the panel's original decision in Murphy v. IRS, 460 F.3d 79 (D.C. Cir. 8/22/06))." You can view the rehearing petition at this link. Posted at 05:22 PM by Howard Bashman Divided three-judge Third Circuit panel holds that federal law preempts state consumer fraud claims relating to the advertising of the drug Nexium: You can access today's ruling at this link. As the majority opinion explains, "On February 11, 2005, the plaintiffs filed a putative class action against Zeneca, alleging that Zeneca's marketing campaign for Nexium was deceptive because it misleadingly advertised Nexium as an improvement on Prilosec." "Pa. Supreme Court suspends judge accused of insurance scam": The Associated Press provides a report that begins, "The state Supreme Court suspended Superior Court Judge Michael T. Joyce, who was indicted earlier this week on federal charges of cheating two insurance companies out of $440,000." Today's order of the Supreme Court of Pennsylvania can be viewed at this link. In related coverage, The Erie Times-News reports today that "Bar panel to reconsider election nod" and "Joyce faces arraignment." "FTC Appeals Whole Foods Ruling": The Associated Press provides this report. Posted at 01:12 PM by Howard Bashman Pleading a sincerely held religious belief in the aftermath of Bell Atlantic Corp. v. Twombly: A divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this interesting decision today. Circuit Judge Ed Carnes wrote the majority opinion, from which Circuit Judge Gerald Bard Tjoflat dissented. Posted at 01:10 PM by Howard Bashman "In this case, we consider whether a class arbitration waiver in New Cingular Wireless Service Inc.'s standard contract for cellular phone services is unconscionable under California law, and whether the Federal Arbitration Act preempts a holding that the waiver is unenforceable." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. The opinion's next two sentences state, "We hold that the waiver is unconscionable, and, thus, unenforceable, and that the invalidation of the contract provision is not preempted by the Federal Arbitration Act. Accordingly, we reverse the district court's order compelling arbitration." Circuit Judge Stephen Reinhardt issued the opinion on behalf of a unanimous three-judge panel. "Congress Mulls Salary Raise for Judiciary; Some Oppose Tinkering With Federal Bench's Pay": Lawrence Hurley has this article today in The Daily Journal of California. Posted at 12:42 PM by Howard Bashman "Padilla Conviction Feeds Debate": Today in The Wall Street Journal, Jess Bravin has an article that begins, "Jose Padilla's conviction in Miami on charges of helping Islamic extremists and plotting overseas attacks marked a victory for the Justice Department's aggressive campaign to bust suspected terrorist cells. It also is likely to feed an already fevered debate about the use of wiretapping by the federal government." The newspaper also contains an editorial entitled "The Padilla Verdict." "Religious Rights on Trial as Circumcision Case Reaches Oregon's High Court; AJCongress Counsel: 'We Have To Win This Case, and Win it Big.'" Wednesday's issue of The Forward contained an article that begins, "The highest-level case in American history involving the right to circumcision is slated to be heard this fall, when the Oregon Supreme Court rules on whether a father can have his 12-year-old son undergo the procedure." Posted at 08:55 AM by Howard Bashman "The Nerve! Suing the Red Cross Over the Red Cross." Bloomberg News columnist Ann Woolner has this essay today. Posted at 08:54 AM by Howard Bashman "State judge accused of insurance fraud to run for retention": This article appears today in The Pittsburgh Post-Gazette. And today in The Pittsburgh Tribune-Review, Jason Cato reports that "Charged Pa. judge to seek 2nd term," while columnist Eric Heyl has an op-ed entitled "My verdict? This judge likely surfed into trouble." "City Takes Philippines to Court Over Property Taxes": Today in The New York Sun, Joseph Goldstein has an article that begins, "After pursuing the governments of India and Mongolia up to the U.S. Supreme Court over a property tax dispute, lawyers for New York City will head to a lower court on Friday to press a similar case against the Philippines." Posted at 08:02 AM by Howard Bashman "Lawyers in Wonderland: How good lawyers sprout whiskers and top hats after drinking too much national-security punch." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 07:40 AM by Howard Bashman Thursday, August 16, 2007 Available online from law.com: The transcript of a recent event moderated by Tony Mauro appears under the headline "Reading the Roberts Court: Four advocates discuss the Court's first full term under Roberts and the emergence of Kennedy." In other news, "Federal Indictment Looms Over Pa. Superior Court Judge's Retention Race." My most recent earlier coverage appears at this link. Pamela A. MacLean reports that "7th Circuit Breaks With Six Circuits Over Waiver of Appeal." My earlier coverage of last month's Seventh Circuit ruling appears at this link. And an article reports that "Fla. Legal Elite Hope to Get Judges a Little Respect; Group wants to bring judges back in public's good graces after embarrassing blunders and judicial abuse and misconduct." "Staff: Judge slept on job; Hearing transcripts reveal allegations against Halverson." This article appears today in The Las Vegas Review-Journal. The hearing transcripts can be accessed online via this link. The U.S. Supreme Court has issued a "Memorandum to Counsel" about the forthcoming revisions to that Court's rules: You can access the five-page memorandum at this link. Among other things. the memorandum suggests that the Court will begin making electronically-filed briefs available for access over the Court's own web site. Posted at 10:30 PM by Howard Bashman "Documents Detail Ashcroft-Gonzales Confrontation; Mueller's Notes Chronicle Legal Dispute Over Wiretapping Program": The Washington Post provides this news update. And The New York Times provides a news update headlined "Notes Detail Visit to Ashcroft's Hospital Room." You can view the notes in question by clicking here. "Padilla found guilty in terror trial": Jay Weaver of The Miami Herald provides this news update. The New York Times provides a news update headlined "Jose Padilla Convicted on All Counts in Terror Trial." Jose Padilla and co-defendants have been convicted on all counts: So reports CNN. Sentencing is scheduled to occur on December 5, 2007. In early online coverage, The Associated Press reports that "Padilla Is Convicted in Terrorism Case." And CNN.com reports that "Jury finds Padilla guilty on terror charges." Update: Attorney David Oscar Markus was in the courtroom when the verdicts were read, and you can access his live-blogging of the court proceeding at the "Southern District of Florida Blog." Ninth Circuit examines the confrontation clause implications of deporting a key witness for the prosecution who then refuses to return for the defendant's retrial: You can access today's ruling at this link. Shortly after oral argument on appeal, the Ninth Circuit panel issued this order seeking supplemental briefing, including amicus briefs, on the questions presented in the case. Posted at 01:34 PM by Howard Bashman "[N]one of the costs listed as taxable under Rule 39(e) are recoverable in an affirmed-in-part/reversed-in-part case unless the appellate court so indicates." This ruling that the U.S. Court of Appeals for the Eighth Circuit issued today discusses the proper application of Federal Rule of Appellate Procedure 39(e). Posted at 01:17 PM by Howard Bashman "Pa. Judge Accused of Bilking Insurers": The Associated Press provides a report that begins, "An appeals court judge was indicted on charges of scamming $440,000 from insurers by claiming he suffered debilitating injuries in a car crash, even while he golfed, skated and went scuba diving, federal prosecutors said." The AP also reports that "Indicted judge to continue campaign for retention." The Erie (Pa.) Times-News reports today that "Feds indict judge; House, plane, motorcycle were ill-gotten gains, charges say." WSEE-TV provides this video report (Windows Media Player required). And GoErie.com provides this audio (Windows Media Player required) of yesterday's statement by the U.S. Attorney for the Western District of Pennsylvania. "Verdict Reached in Padilla Terror Case": The Associated Press provides a report that begins, "A verdict was reached Thursday in the trial of Jose Padilla and two co-defendants charged with supporting al-Qaida and other violent Islamic extremist groups overseas. The jury verdict was scheduled to be read at 2 p.m. EDT before U.S. District Judge Marcia Cooke in Miami's downtown federal courthouse, according to an announcement from her chambers." Posted at 12:50 PM by Howard Bashman Access online the audio of yesterday's Ninth Circuit oral arguments in the NSA surveillance cases argued under the caption Hepting v. AT&T Corp. You can download the audio file via this link (13.9MB Windows Media audio file). Posted at 10:10 AM by Howard Bashman "Secrecy Lawsuits Tricky to Prosecute": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 10:05 AM by Howard Bashman "Don't rush to execution: California must reject the U.S. attorney general's effort to bend death penalty rules." Law Professor Erwin Chemerinsky has this op-ed today in The Los Angeles Times. Posted at 09:00 AM by Howard Bashman "Judges asked to dismiss wiretap suits; AT & T customers seek damages from the firm and an Islamic charity says the spying program is illegal": Henry Weinstein has this article today in The Los Angeles Times. Today in The San Francisco Chronicle, Bob Egelko reports that "Classified evidence debated; Court likely to allow suit against AT&T, reject wiretap case." The Washington Post reports that "Judges Skeptical of State-Secrets Claim." And in The San Jose Mercury News, Howard Mintz reports that "Judges signal White House will have to defend spying." "Celeb does the time, leaking photo may be a crime": The Los Angeles Times today contains an article that begins, "Amid concern over the frenzy of entertainment blogs and tabloids competing for inside information on Paris Hilton's days in jail and Mel Gibson's tirade during a drunk-driving arrest, state lawmakers have taken steps to clamp down on some forms of checkbook journalism. A bill wending its way through the Legislature would make it a crime for law enforcement or court employees to profit by releasing confidential information gathered in criminal investigations or unauthorized photographs of people in custody." Posted at 08:40 AM by Howard Bashman The Washington Times is reporting: Today's newspaper contains articles headlined "Group fights lesbian 'divorce'" and "In imams' suit, status of 'John Does' in dispute." Posted at 08:27 AM by Howard Bashman The Hartford Courant is reporting: Today's newspaper reports that "State Appeals Ruling That Allows Inmates Free Copies; FOI Commission Voided Policy On Documents." And yesterday's newspaper contained an article headlined "Remarks From The Past Revisited; Nominee Lauded Strom Thurmond" that begins, "State Appellate Court nominee John R. Downey's praise of longtime segregationist Sen. Strom Thurmond as a 'great American' four years ago has now surfaced as an issue in his legislative confirmation." "Court Ruling Backs City On Suing Gun Stores": The New York Sun today contains an article that begins, "In a decision that could prompt large cities around the country to pursue legal action against out-of-state gun dealers, a federal judge in Brooklyn yesterday wrote that he has jurisdiction to rule on a lawsuit brought by New York City against out-of-state stores that sold guns used by criminals in the city." And The Atlanta Journal-Constitution today contains an article headlined "Judge: NYC can sue Georgia gun sellers." You can access yesterday's ruling of the U.S. District Court for the Eastern District of New York at this link. "Bush Sides With Business Over Lawsuits": The Wall Street Journal today contains an article that begins, "The Bush administration formally weighed in on the side of business in a closely watched Supreme Court case, finalizing the battle lines in a case that has big implications for Wall Street. The administration's position is largely at odds with the Securities and Exchange Commission, which earlier this year took the side of the shareholder plaintiffs. The case centers on whether shareholders can sue to hold th |