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Tuesday, August 08, 2006 "With DeLay Out, GOP Searches for Write-In Candidate": This article will appear Wednesday in The Washington Post. And The New York Times on Wednesday will report that "DeLay Repeats His Refusal to Run for His Old Seat." "Justice Kennedy and the Meaning of 'Freedom'": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 09:40 PM by Howard Bashman Interesting articles posted online yesterday at SSRN (all via "Legal Theory Blog"): Law Professor Ross E. Davies has an essay entitled "The Other Supreme Court." And no, he's not talking about the one consisting of bobblehead dolls. Law Professor Cass R. Sunstein has an essay entitled "Clear Statement Principles and National Security: Hamdan and Beyond." Law Professors Curtis A. Bradley and Eric A. Posner have an essay entitled "Presidential Signing Statements and Executive Power." And Giacomo A.M. Ponzetto and Patricio A. Fernandez have an essay entitled "Case Law vs. Statute Law: An Evolutionary Comparison." "It could be the most costly piece of punctuation in Canada. A grammatical blunder may force Rogers Communications Inc. to pay an extra $2.13-million to use utility poles in the Maritimes after the placement of a comma in a contract permitted the deal's cancellation." So begins an article headlined "Comma quirk irks Rogers" published yesterday in The Toronto Globe and Mail (via WSJ.com's "Law Blog"). Posted at 09:20 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Court Rejects Nev. Yucca Mountain Appeal"; "DeLay Vows to Take Name Off Texas Ballot"; "Lawyers' Group Attacks Bush Revisions"; and "Judge Declares Lawyer Drunk in Court." Posted at 09:08 PM by Howard Bashman The U.S. Secretary of Labor should file its amicus briefs in a more timely manner: So said the U.S. Court of Appeals for the Fourth Circuit in this order issued today. Posted at 08:35 PM by Howard Bashman "NJ Court Lets Sex Abuse Suit Go Forward": The Associated Press provides a report that begins, "A state law protecting nonprofit organizations from negligence lawsuits does not apply to all sex abuse cases, the New Jersey Supreme Court ruled Tuesday." You can access today's ruling of the Supreme Court of New Jersey at this link. Law Professor Lawrence Lessig argued the case on appeal for the prevailing party, and earlier today he had this blog post about the ruling. Programming note: I have a meeting out of the office this afternoon in connection with a new appellate representation. Additional posts will appear later today. Posted at 12:52 PM by Howard Bashman "We must determine whether an employee has an expectation of privacy in his workplace computer sufficient to suppress images of child pornography sought to be admitted into evidence in a criminal prosecution." A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers that question "no" in an opinion issued today. Posted at 12:50 PM by Howard Bashman Three-judge D.C. Circuit panel rejects the State of Nevada's objections to the construction of an underground nuclear repository at Yucca Mountain, Nevada: You can access today's ruling at this link. Additional background on the Yucca Mountain Repository can be accessed here. Posted at 11:15 AM by Howard Bashman "Court reinstates Rio Tinto lawsuit in U.S." The Associated Press provides this report. Reuters reports that "Islanders win appeal in claim against Rio Tinto." Radio New Zealand International reports that "US court reopens Panguna case against Rio Tinto." The Hagens Berman law firm yesterday issued a press release entitled "Oceanic Islanders Win Appeal in Massive Claim against Mining Giant Rio Tinto for Alleged Ecocide and Human Rights Crimes." That law firm provides additional background about the case at this link. Finally, my earlier coverage appears here. Three-judge Sixth Circuit panel divides over whether a lawsuit asserting that 3M Company had unlawfully monopolized and attempted to monopolize the market for do-it-yourself retail automotive coated abrasives alleged a sufficient antitrust injury: The products that are the subject of the lawsuit are sandpaper, cloth sanding rolls, sanding discs, compounding paper, polishing discs, grinding discs, and finishing paper used in the preparation of automotive surfaces for painting. Today, in an opinion by Circuit Judge Deborah L. Cook, in which Senior Circuit Judge Eugene E. Siler, Jr. has joined, the Sixth Circuit reverses a district court order that had dismissed the case for lack of antitrust standing at the pleadings stage. Circuit Judge Jeffrey S. Sutton dissents in an opinion you can access here. "DeLay to Remain on November Ballot in Texas": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:38 AM by Howard Bashman "State High Court Rejects 'Night Stalker's' Appeal; Convicted serial killer argued he should have been given better lawyers and a longer psychiatric evaluation": Maura Dolan has this article today in The Los Angeles Times. You can access yesterday's ruling of the Supreme Court of California at this link. "Oklahoma's Lethal Injections Called Fatally Flawed": Henry Weinstein has this article today in The Los Angeles Times. Posted at 07:25 AM by Howard Bashman "Gay Marriage Gets Even; Keep the confetti handy, because the tide has turned on same-sex unions": David Ehrenstein has this op-ed today in The Los Angeles Times. Posted at 07:20 AM by Howard Bashman "Court Rules for I.B.M. on Pension": The New York Times today contains an article that begins, "A three-judge appellate panel ruled yesterday that I.B.M. did not discriminate against its older workers when it switched retirement plans in 1999, a long-awaited decision that could help shelter hundreds of companies from possible age discrimination suits." And USA Today reports today that "Court rules IBM pension change didn't discriminate; Plaintiff may take age-bias case to U.S. Supreme Court." My earlier coverage appears at this link. "After Protest, Coast Guard Lets Members Wear Skullcaps": Today in The New York Sun, Josh Gerstein has an article that begins, "In the face of protests on behalf of a chasidic Jew in Rockland County, the Coast Guard has changed its uniform policy to allow service members to wear yarmulkes while on duty." Posted at 06:53 AM by Howard Bashman "The State of the Nation on Same-Sex Marriage: Key Court Losses Mean It May Be Restricted to Massachusetts For Now." Joanna Grossman has this essay online at FindLaw today. Posted at 06:50 AM by Howard Bashman  
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