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Friday, August 8, 2008 Posner versus Easterbrook on litigation challenging the size of mutual fund advisory fees: On May 19, 2008, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this opinion, written by Chief Judge Frank H. Easterbrook. Today, the Seventh Circuit issued this order denying rehearing en banc in the case, accompanied by a dissent from the denial of rehearing en banc written by Circuit Judge Richard A. Posner, in which a total of five judges joined. Six votes were necessary to grant rehearing en banc. "Ninth Court sides with Snowbowl in San Francisco Peaks dispute": Howard Fischer of The Arizona Daily Star has a news update that begins, "The operators of Snowbowl are entitled to use recycled sewage to make snow on the San Francisco Peaks despite objections of several Native American tribes, the 9th U.S. Circuit Court of Appeals ruled Friday. In a split decision, the court acknowledged arguments by the tribes that the use of artificial snow will decrease the 'spiritual fulfillment' they get from practicing their religion on the mountain. And the land on which the ski resort is located is owned by the federal government. But Judge Carlos Bea, writing for the majority, said that does not run afoul of the federal Religious Freedom Restoration Act." The Arizona Republic has a news update headlined "Snowmaking OK'd at Snowbowl resort." And The Associated Press reports that "Appeals court says snowmaking OK on Ariz. Snowbowl." You can access today's lengthy en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Eight judges joined in the majority opinion, while three joined in a dissent. Circuit Judge William A. Fletcher's dissenting opinion concludes, "RFRA was passed to protect the exercise of all religions, including the religions of American Indians. If Indians' landbased exercise of religion is not protected by RFRA in this case, I cannot imagine a case in which it will be. I am truly sorry that the majority has effectively read American Indians out of RFRA." Protecting the right of disabled NASCAR race attendees to see the most exciting parts of those races from their wheelchairs: The U.S. Court of Appeals for the Ninth Circuit issued this ruling today in a case involving an issue that's already the subject of a circuit split. Posted at 03:35 PM by Howard Bashman "For 'Maverick' Federal Judges, Life Tenure Is Largely Unfettered License": Nathan Koppel has this article today in The Wall Street Journal. Non-subscribers to WSJ.com can access the full text of the article via Google News. In addition, the full text of the article also appears online at this link in PDF format. Posted at 03:05 PM by Howard Bashman "Reneging on a right: By banning same-sex marriages, Prop. 8 would create second-class citizens." This editorial appears today in The Los Angeles Times. Posted at 09:52 AM by Howard Bashman "Bin Laden driver sentenced to 66 months in prison; In a surprise decision, a U.S. military jury sentenced Osama bin Laden's driver to 5 ½ years in prison, knowing that with time served he could be free by New Year's Eve": Carol Rosenberg has this article today in The Miami Herald. Today in The Los Angeles Times, Carol J. Williams reports that "Yemeni gets 5 1/2 years in prison; With credit for time already served, Osama bin Laden's driver should complete his sentence by January." The New York Times reports that "Bin Laden Driver Sentenced to a Short Term." The Washington Post reports that "Bin Laden Driver Gets 5 1/2 Years; U.S. Sought 30." In The Wall Street Journal, Jess Bravin reports that "Bin Laden Driver's Sentence Signals Doubts About Cases." And USA Today reports that "Jury gives Hamdan 5 1/2 years." "Hamdan case sets stage for bigger trials at Guantanamo; The partial conviction may give the tribunal system a credibility boost and help the White House reach its goal: trial by year's end for accused Sept. 11 plotter Khalid Shaikh Mohammed." David G. Savage has this article today in The Los Angeles Times. Posted at 09:40 AM by Howard Bashman "Tactic Used After It Was Banned; Detainees at Guantanamo Were Moved Often, Documents Say": The Washington Post contains this article today. Posted at 09:35 AM by Howard Bashman "Texas's Disdain: In carrying out two executions, the state endangers Americans detained abroad." This editorial appears today in The Washington Post. Posted at 09:33 AM by Howard Bashman "Bolten, Miers Ask Judge to Delay Order; Aides Continue to Contest Subpoenas": The Washington Post today contains an article that begins, "White House Chief of Staff Joshua B. Bolten and former White House counsel Harriet E. Miers yesterday asked a federal judge to delay an order to cooperate with Congress while they appeal the ruling. The court filings indicate that Bolten and Miers will continue to resist subpoenas from the House Judiciary Committee as the Bush administration heads into its final months." Posted at 09:22 AM by Howard Bashman "Ford Told FBI of Skeptics on Warren Commission": This article appears today in The Washington Post. Posted at 09:18 AM by Howard Bashman Pittsburgh-area woman receives no prison time following guilty plea to federal criminal charges of transmitting written obscenities in fictional stories posted to the internet: The Pittsburgh Post-Gazette reports today that "Writer's 'monsters' lead to obscenity sentence." And today in The Pittsburgh Tribune-Review. Jason Cato reports that "Donora woman's child torture stories get her house arrest." I discussed the case in the October 9, 2006 installment of my "On Appeal" column for law.com, headlined "Text This: Words Alone Can Violate Federal Obscenity Laws." "Study Finds Settling Is Better Than Going to Trial": Today in The New York Times, Jonathan D. Glater has an article that begins, "Note to victims of accidents, medical malpractice, broken contracts and the like: When you sue, make a deal. That is the clear lesson of a soon-to-be-released study of civil lawsuits that has found that most of the plaintiffs who decided to pass up a settlement offer and went to trial ended up getting less money than if they had taken that offer." Posted at 08:45 AM by Howard Bashman "What Next for D.C.'s Gun Laws: Congress should intervene to protect the Second Amendment." David B. Kopel and Robert A. Levy have this op-ed today in The Wall Street Journal. Posted at 08:40 AM by Howard Bashman "Millions of Women Who Had Abortions Don't Know It": Columnist Ann Woolner has this essay online at Bloomberg News. Posted at 08:27 AM by Howard Bashman In commentary available online from FindLaw: Sherry F. Colb has an essay entitled "Is Sex a 'Major Life Activity'? Why a Claim of Disability Discrimination Turns on the Answer to this Question." And Anthony J. Sebok has an essay entitled "Massachusetts' Supreme Judicial Court Embraces the 'Loss of a Chance' Doctrine: Why This Key Torts Decision May Convince Other State Supreme Courts to Follow Suit." "Wife of slain judge to get $5.2 million; Fulton payment 'closes another chapter' for Barnes, who lost her husband in '05 courthouse killings": This article appears today in The Atlanta Journal-Constitution. And the Fulton County Daily Report reports today that "Wife of Slain Ga. Judge Settles Claims for $5.2 Million." "In Review of High Court Term, Justice Kennedy Still the Man in the Middle": Marcia Coyle of The National Law Journal has this article today at law.com. Posted at 08:12 AM by Howard Bashman  
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