How Appealing

Sunday, September 30, 2007

"Previewing the Supreme Court's New Session": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 11:30 PM by Howard Bashman


"Supreme Court facing a broad array of issues": David G. Savage will have this article Monday in The Los Angeles Times.
Posted at 10:24 PM by Howard Bashman


"Black judge: my sex case anger." Today in The Sunday Times of London, Sarah Baxter has an article that begins, "The Supreme Court justice Clarence Thomas has broken a 16-year silence to reveal the bitterness he feels towards the woman who tried to derail his confirmation by accusing him of sexual harassment."
Posted at 10:20 PM by Howard Bashman


ABC News has posted online Jan Crawford Greenburg's eight-part write-up of her interviews with Justice Clarence Thomas in connection with his new book, "My Grandfather's Son: A Memoir." You can access all eight parts via a web page headlined "Justice Clarence Thomas Speaks Out: Exclusive Analysis, Video Clips and Photos on the Controversial Supreme Court Justice."

Part one is titled "My Grandfather's Son" (for single-page print version, click here).

Part two is titled "The Integrator" (for single-page print version, click here).

Part three is titled "Going North" (for single-page print version, click here).

Part four is titled "A Conservative in Washington -- And the Personal Struggles" (for single-page print version, click here).

Part five is titled "Finding Peace" (for single-page print version, click here).

Part six is titled "Becoming a Judge -- and perhaps a Justice" (for single-page print version, click here).

Part seven is titled "'Traitorous' Adversaries: Anita Hill and the Senate Democrats" (for single-page print version, click here).

And part eight is titled "Rebuilding a Life" (for single-page print version, click here).
Posted at 10:03 PM by Howard Bashman



"Justices Begin Work on a Polarizing New Docket": In Monday's edition of The New York Times, Linda Greenhouse will have an article that begins, "The Supreme Court has so many polarizing cases on the docket for its new term that the deep ideological divisions that characterized the last term are all but certain to remain on display after the justices reconvene on Monday."
Posted at 08:07 PM by Howard Bashman


Philadelphia Phillies 6, Washington Nationals 1: My son and I were at Citizens Bank Park in Philadelphia this afternoon to see the Phillies clinch the National League East division title. To win the division title today, the Phillies had to win their game and the Florida Marlins had to defeat the New York Mets. Before the Phillies even took the field at 1:35 p.m. this afternoon, the Marlins had staked themselves to a 7-0 first inning lead. The Marlins recorded the final out of their 8-1 victory over the Mets when the Nationals were batting with none out in the top of the ninth inning, trailing the Phillies 6-1.

The crowd at the Phillies ballpark has never as this loud as it was in the top of the ninth inning today. The Phillies will now host whichever team wins the National League Wild Card spot, to be determined tomorrow in a one-game tiebreaker game between the San Diego Padres at the Colorado Rockies.

It should be a happy first Monday in October tomorrow at the U.S. Supreme Court, as Justice Clarence Thomas's book officially goes on sale, and as Justice Samuel A. Alito, Jr.'s Philadelphia Phillies celebrate their first playoff appearance since 1993.

You can access the box score of today's Phillies game at this link, while wraps are available here and here.

Update: Monday's edition of The New York Times will contain an article headlined "After a 14-Year Absence, Phillies Head to the Playoffs." The Philadelphia Inquirer provides a news update headlined "We win! Fans erupt in joy." And Ken Mandel, who has covered the Phillies all season for MLB.com, reports that "Phils relish first NL East title since '93; Players, coaches, fans celebrate as 'fairy tale' continues." This blog's occasional Phillies coverage will continue for as long as the team remains in the playoffs, as I have tickets for two games of the Division Series, two games of the League Championship Series, and thus far one game of the World Series.
Posted at 06:20 PM by Howard Bashman



In video coverage available online from CBSNews.com: "Justice Thomas Writes A Book: Supreme Court Justice Clarence Thomas has much to write about in his new autobiography, including his controversial confirmation hearings" and "Steve Kroft's Reporter's Notebook."

On this evening's broadcast of the CBS News program "60 Minutes," Kroft will have two interview segments with Justice Thomas in advance of the official release tomorrow of the book "My Grandfather's Son: A Memoir."
Posted at 08:15 AM by Howard Bashman



"Federal judge disciplined for sexual harassment": The Houston Chronicle today contains an article that begins, "A judicial council has reprimanded federal Judge Samuel B. Kent of Galveston after a four-month secret investigation into serious allegations of a pattern of sexual impropriety and abuse of power. In the most recent incident, Kent is accused of harassing and inappropriately touching his 49-year-old case manager in his chambers in March."

The newspaper also contains an op-ed by columnist Rick Casey headlined "Feds to shred evidence against judge."

And at "The Volokh Conspiracy," Ilya Somin has a post titled "The Ethical Cloud Over Judge Samuel B. Kent."
Posted at 07:55 AM by Howard Bashman



"Court starts term with half its cases chosen": Michael Doyle of McClatchy Newspapers provides this report. Doyle also has related articles headlined "Key election cases on Supreme Court docket" and "Crack vs. powder cocaine sentencing gets Supreme Court hearing."
Posted at 07:45 AM by Howard Bashman


Saturday, September 29, 2007

"Justice Clarence Thomas' Memoir Unveils Bitterness": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:47 PM by Howard Bashman


"The Roberts Court Returns": This editorial will appear Sunday in The New York Times.
Posted at 10:42 PM by Howard Bashman


"In New Book, Justice Thomas Weighs In on Former Accuser": Neil A. Lewis will have this article Sunday in The New York Times.
Posted at 10:40 PM by Howard Bashman


"High court can regain ground; strike voter ID": Cynthia Tucker will have this op-ed Sunday in The Atlanta Journal-Constitution.
Posted at 02:15 PM by Howard Bashman


"A Look Inside the Ultimate Lockup; Top-Security Prison Now Home to Terrorists": The Washington Post on Sunday will contain a front page article that begins, "The most secure federal prison in America has the polished tile corridors of a modern regional high school and the empty stillness of summer break. The marquee inmates -- including Zacarias Moussaoui, the so-called 20th hijacker; 'shoe bomber' Richard Reid; Ted Kaczynski, the Unabomber; FBI agent turned traitor Robert Hanssen; and Terry Nichols, convicted of the Oklahoma City bombing -- wait out their days in cellblocks the warden leads reporters quickly past on the first media tour since the Florence 'supermax' opened 13 years ago."

A couple of weeks ago, I linked here to several similar articles published elsewhere.
Posted at 02:10 PM by Howard Bashman



"New Court Term Begins Monday": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court is set to begin a term that could lead to enhanced rights for terrorism detainees, a ruling against part of a child pornography law and shorter prison terms for crack cocaine dealers. Whatever happened to the court's march to the right?"
Posted at 02:00 PM by Howard Bashman


"Supreme Court Heads Into New Term; Some see rightward drift stalled in array of criminal law cases": law.com's Tony Mauro provides this report.
Posted at 01:55 PM by Howard Bashman


"Texas Planning New Execution Despite Ruling": Ralph Blumenthal and Linda Greenhouse have this article today in The New York Times.

Today in The Austin American-Statesman, Chuck Lindell has articles headlined "Are executions on hold nationwide? Experts weigh implications of Supreme Court's intervention in Texas" and "5 p.m. closing time at Texas court a factor in execution; Lawyer blames office hours on failure of appeal similar to one that suceeded two days later."

The Dallas Morning News reports that "Irving killer's reprieve may slow executions nationwide; But legal experts don't expect moratorium as lethal injection reviewed."

And The Houston Chronicle reports that "Texas executions probably on hold until next year; State awaits High Court ruling on lethal injection."
Posted at 01:50 PM by Howard Bashman



"Legal Aid Offer for Detainees Is Retracted": The New York Times today contains an article that begins, "The American Bar Association said this week that it was backing out of an agreement to find lawyers for Guantanamo detainees because it did not want to 'lend support and credibility' to what it called inadequate legal protections for the 340 men held there."
Posted at 01:40 PM by Howard Bashman


"Clarence Thomas Book Portrays a Tortured Soul": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 01:23 PM by Howard Bashman


"US Supreme Court Opens New Term Monday": Voice of America provides this report.
Posted at 01:18 PM by Howard Bashman


"Toobin v. Supreme Court": Today in The Toronto Globe and Mail, Philip Slayton has this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court."
Posted at 01:17 PM by Howard Bashman


"Justice Thomas Breaks Silence on Bitter Confirmation Hearings; Thomas Speaks Out in New Autobiography, 'My Grandfather's Son'": Liz Marlantes has this report at ABCNews.com.

And today in The Wall Street Journal, Jess Bravin reports that "Justices' Opinions May Compete With a Page-Turner in Bookstores."
Posted at 01:11 PM by Howard Bashman



"Judges seek leeway in prison sentences; The Supreme Court will look at strict rules that are a holdover from the 1980s war on drugs and that legal activists say are unfair": David G. Savage has this article today in The Los Angeles Times.
Posted at 11:34 AM by Howard Bashman


"Judges evaluate an argument on gun access": At "SCOTUSblog," Lyle Denniston has a post that begins, "In a highly unusual order, two judges of the D.C. Circuit Court appeared to have narrowed a major gun control ruling, and in doing so gave their view on a central argument the District of Columbia government has made in its Supreme Court appeal seeking to enforce its flat ban on handguns in Washington, D.C."

On Thursday, Eugene Volokh had a post at "The Volokh Conspiracy" quoting at length from the D.C. Circuit's order. You can view the full text of the order at this link.
Posted at 11:30 AM by Howard Bashman



Friday, September 28, 2007

"Behind the Black Robes: A new book about the Supreme Court focuses on the private lives of the justices; But should they be treated like Britneys in black?" Adam B. Kushner has this essay online at Newsweek.com.
Posted at 11:00 PM by Howard Bashman


"Justice Thomas Lashes Out in Memoir; Book Attacks Liberals and the Media, Breaks Near-Silence on Anita Hill": Saturday in The Washington Post, Robert Barnes, Michael A. Fletcher, and Kevin Merida will have this front page article.

And Mark Sherman of The Associated Press reports that "Justice Thomas Writes Autobiography." Sherman's article begins, "Breaking his 16-year public silence on his bitter confirmation hearings, Supreme Court Justice Clarence Thomas says Anita Hill was a mediocre employee who was used by political opponents to make claims she had been sexually harassed."

As I had anticipated, both The Washington Post and The Associated Press were able to purchase the book at bookstores that placed it on sale before Monday's official release date.
Posted at 10:30 PM by Howard Bashman



"Federal judge disciplined for sexual harassment": Harvey Rice of The Houston Chronicle provides a news update that begins, "A judicial council today reprimanded and admonished U.S. District Judge Samuel Kent, who presides in Galveston, on allegations that he sexually harassed a court employee."

The Galveston County Daily News provides an update headlined "Kent reprimanded after harassment complaint."

And Texas Lawyer provides a news update headlined "5th Circuit Judicial Council Reprimands and Admonishes U.S. District Judge Samuel B. Kent."
Posted at 08:58 PM by Howard Bashman



"U.S. Court of Appeals for the Fifth Circuit Admonishes Judge Samuel B. Kent for Sexual Harassment of a Judiciary Employee": At "The Volokh Conspiracy," Eugene Volokh has this post linking to an Order of Reprimand and Reasons that the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 06:00 PM by Howard Bashman


"Lethal Injection Under Scrutiny": The AP provides a report that begins, "Lethal injection was supposed to be the humane, enlightened way to execute inmates and avoid the pain and the gruesome spectacle of firing squads, the electric chair and the noose. But now it, too, is under legal attack as cruel and unusual, with the U.S. Supreme Court agreeing this week to hear arguments that lethal injection can cause excruciating pain."

And in related coverage, The AP reports that "Hiatus Possible on Texas Executions."
Posted at 05:42 PM by Howard Bashman



"Courts a Tough Road to Gay Marriage": The Associated Press provides this report.
Posted at 04:25 PM by Howard Bashman


The U.S. Congress considers giving more power to partially-retired, senior status federal judges: Congress is continuing to consider proposed legislation known as the Court Security Improvement Act of 2007. The first four titles of the legislation deal with subjects related to the legislation's name, but the fifth and final title consists of "Miscellaneous Provisions."

One of those "Miscellaneous Provisions," contained in Section 503, provides:

Section 296 of title 28, United States Code, is amended by inserting at the end of the second undesignated paragraph the following new sentence: "However, a judge who has retired from regular active service under section 371(b) of this title, when designated and assigned to the court to which such judge was appointed, shall have all the powers of a judge of that court, including participation in appointment of court officers and magistrate judges, rulemaking, governance, and administrative matters."
One question that has arisen is whether a law that purports to give a senior circuit judge "all the powers of a judge" on the court on which he or she serves would thereby enable senior circuit judges to cast votes on whether cases should be reheard en banc and/or to participate in deciding the merits of cases that have been granted en banc review even where the senior judges had not served on the original three-judge panel that issued the initial decision in the case. Thus, the proposed legislation's impact on Sections 46(c) and 294 of Title 28 is apparently of concern to some of the federal appellate judges who have been made aware of this aspect of the proposed legislation.

Whether Section 503 of the Court Security Improvement Act of 2007 would in fact authorize senior appellate judges to vote on whether to rehear cases en banc or to participate in deciding on the merits all cases that have been voted en banc is not immediately clear to me. If readers have views on the subject, feel free to send them along via email. If the concern is a legitimate one, I may write more about this in a future installment of my weekly "On Appeal" column for law.com.
Posted at 02:50 PM by Howard Bashman



"Justice Thomas Speaks Out": This morning, ABC News correspondent Jan Crawford Greenburg has this post at her "Legalities" blog previewing her forthcoming coverage of Justice Clarence Thomas's new book, "My Grandfather's Son: A Memoir."

According to Jan's post, she has conducted "a series of wide-ranging interviews with [Justice Thomas] in several different locations (and states), as well as an extensive interview with his wife, Virginia." Her post advises us "to be on the lookout Sunday night for my substantial dot com piece, which will be posted in several parts on ABCNEWS.com."

Jan's post concludes, "Then, starting Monday morning with Good Morning America, my pieces on Justice Thomas will begin airing on ABC News. We will have a full report on all our platforms: Good Morning America, World News Tonight and a series of lengthy and revealing segments on Nightline, which of course is the perfect place for a closer look at one the most complex, compelling, maligned and misunderstood figures in modern history. I've covered the Court and Justice Thomas for 13 years now, and I can tell you this is something you will not, under any circumstances, want to miss.... I also will be blogging on this throughout the weeks to come. Thomas has much to say, and there will be much to discuss."
Posted at 11:22 AM by Howard Bashman



"U.S. Supreme Court: A history of the hows and whys." Today in The Seattle Times, Kevin J. Hamilton has this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court."

And today in The Seattle Post-Intelligencer, columnist Joel Connelly has an essay entitled "High court moderates may leave after Bush, writer says."
Posted at 10:52 AM by Howard Bashman



"Inside the Supreme Court: Three new books offer rare insight into the world of the 'brethren.'" Stephen R. Reily had this book review last Saturday in The Louisville Courier-Journal.
Posted at 10:44 AM by Howard Bashman


"A new poll tax? Election fraud isn't a problem, but the Supreme Court may OK an ID law that burdens poor and minority voters." Law Professor Daniel P. Tokaji has this op-ed today in The Los Angeles Times.
Posted at 09:08 AM by Howard Bashman


"Supreme Court Recusals: The justices should explain the reasons when they remove themselves from cases." This editorial appears today in The Washington Post.
Posted at 09:03 AM by Howard Bashman


"Nixon, Hoover Bashed Justices in '71 Phone Call": Today's edition of The Washington Post contains an article that begins, "President Richard Nixon described the Supreme Court's June 1971 Pentagon Papers decision as 'unbelievable' and 'stinking,' and vowed 'to change that court,' during an unusually frank telephone conversation on July 1, 1971, with FBI Director J. Edgar Hoover. Referring to the six justices who voted 6 to 3 to permit newspapers to continue publication of material from the once-classified history of the Vietnam War, Nixon said: 'You know those clowns we got on there. I'll tell you I hope I outlive the bastards.'"
Posted at 08:57 AM by Howard Bashman


"Journalist Ross of ABC Ordered To Disclose Sources": Today in The New York Sun, Joseph Goldstein has an article that begins, "A federal judge in New York has ordered a journalist at ABC News, Brian Ross, to disclose the identities of the government sources he relied upon when reporting about the anthrax attacks of 2001. Mr. Ross is now the sixth reporter to have been ordered to give up sources to assist with a civil lawsuit brought by a former Army scientist, Steven Hatfill, whom the government named as a 'person of interest' in the investigation into the deadly anthrax mailings. Mr. Hatfill, who was never charged with the mailings, is suing the federal government for invading his privacy."
Posted at 08:54 AM by Howard Bashman


"Indiana, Faced With Suit, Takes Chaplain Off Payroll": This article appears today in The New York Times.
Posted at 08:50 AM by Howard Bashman


"Verizon Reverses Itself on Abortion Messages": Adam Liptak has this article today in The New York Times.

The Washington Post reports today that "Verizon Ends Text-Message Ban; Abortion-Rights Group Had Been Barred From Network."

And The Los Angeles Times contains an editorial entitled "NARAL's case for net neutrality: The public and Congress should be alarmed over Verizon's attempt to block a pro-choice group's messages."
Posted at 08:45 AM by Howard Bashman



"The New Affirmative Action: Colleges want diversity; Students want diversity; There's just this little problem with the law." This article will appear in this upcoming Sunday's issue of The New York Times Magazine.
Posted at 08:42 AM by Howard Bashman


"A Prosecution Tests the Definition of Obscenity": Today in The New York Times, Neil A. Lewis has an article that begins, "Sometime early next year, Karen Fletcher, a 56-year-old recluse living on disability payments, will go on trial in federal court here on obscenity charges for writings distributed on the Internet to about two dozen subscribers. In an era when pornography has exploded on the Web almost beyond measure, Ms. Fletcher is one of only a handful of people to have been singled out for prosecution on obscenity charges by the Bush administration. She faces six felony counts for operating a Web site called Red Rose, which featured detailed fictional accounts of the molesting, torture and sometimes gruesome murders of children under the age of 10, mostly girls."

The article goes on to report that "What has attracted the attention of First Amendment scholars and lawyers is that Red Rose -- which Ms. Fletcher says is an effort to help her deal with her own pain from child sexual abuse -- was composed entirely of text without any images. Although a narrowly divided Supreme Court said in 1973 that images were not necessary to label a work obscene, there has not been a successful obscenity prosecution in the country that did not involve drawings or photographs since then."

Back on September 28, 2006, I had this post linking to additional press coverage of the case, including an article headlined "Woman charged over 'vile' Web stories" published that day in The Pittsburgh Post-Gazette.

By the way, I think Lewis's article is incorrect in asserting that "there has not been a successful obscenity prosecution in the country that did not involve drawings or photographs" since 1973. As I noted in the October 9, 2006 installment of my "On Appeal" column for law.com -- headlined "Text This: Words Alone Can Violate Federal Obscenity Laws" -- the U.S. Court of Appeals for the Eleventh Circuit on October 4, 2006 issued a decision affirming a criminal conviction for spoken obscenities that did not involve drawings or photographs.
Posted at 08:30 AM by Howard Bashman



"Antiterror Vindication": The Wall Street Journal today contains an editorial that begins, "You probably haven't seen it reported, but the Guantanamo trial system for enemy combatants won a big victory earlier this week."

Of course, careful readers of this blog previously saw it reported here.
Posted at 08:07 AM by Howard Bashman



"KPMG Judge Questions Laws, Tactics Used in Corporate Cases": The Wall Street Journal today contains an article that begins, "The federal judge in the case involving allegedly fraudulent tax shelters marketed by KPMG LLP said it may be time to re-examine laws governing corporate criminal liability and the tactics used by prosecutors to investigate those cases."
Posted at 08:04 AM by Howard Bashman


"Thompson's convictions upheld by appeals court": The Tulsa World today contains an article that begins, "Former Creek County District Judge Donald D. Thompson lost his appeal of his criminal convictions Thursday. Thompson was convicted of four counts of indecent exposure and was ordered to serve four, consecutive, one-year sentences. Prosecutors alleged that he used a penis pump while presiding over trials."

And The Associated Press reports that "Judge's Exposure Conviction Is Upheld."

Yesterday's ruling of the Oklahoma Court of Criminal Appeals is not yet freely available online.
Posted at 07:55 AM by Howard Bashman



"Roberts-led Supreme Court to start 2nd term": Joan Biskupic has this article today in USA Today.
Posted at 07:40 AM by Howard Bashman


"Thomas: Anita Who? Abortion Was Key." This article appears today in The New York Post.
Posted at 07:37 AM by Howard Bashman


"Justice Thomas": Online at Human Events, Armstrong Williams has an essay that begins, "Justice Thomas has just released his much anticipated memoir about his upbringing, years of government service, the confrontational and x-rated Supreme Court hearings and his musings about today's issues. 'My Grandfather's Son' is Justice Thomas' story about his upbringing and how it can be seen throughout his life. Due to my close relationship with this oft-misunderstood man, I am particularly grateful that his story will finally be told. In the book, Justice Thomas addresses Anita Hill, allows us a glimpse into his childhood and gives some insight into his personality."
Posted at 07:34 AM by Howard Bashman


Thursday, September 27, 2007

"U.S. to Allow Key Detainees to Request Lawyers; 14 Terrorism Suspects Given Legal Forms at Guantanamo": This article will appear Friday in The Washington Post.
Posted at 11:18 PM by Howard Bashman


Available online from law.com: An article is headlined "Filing a Malpractice Suit Against a Firm? Better Be Quick About It; Under unanimous Calif. Supreme Court ruling, former clients will have less time to hit their old firms with malpractice suits." You can access today's ruling of the Supreme Court of California at this link.

And in other news, "2nd Circuit Removes Judge From Case for Repeated Refusal to Document Sentence Grid Departure." You can access today's Second Circuit ruling at this link.
Posted at 11:10 PM by Howard Bashman



"2007-2008 Supreme Court Preview": The American Constitution Society hosted this program yesterday in Washington, DC, and you can view archived video of the program online using either RealPlayer or Windows Media Player.
Posted at 10:03 PM by Howard Bashman


"Supreme Court Preview: Detainee Rights on the Docket." Stephanie Mencimer has this preview online at the web site of Mother Jones magazine.
Posted at 08:54 PM by Howard Bashman


"Coming Monday: A Ninety-Minute Conversation with Justice Clarence Thomas." RushLimbaugh.com provides this transcript from today's broadcast of the Rush Limbaugh Show.
Posted at 08:50 PM by Howard Bashman


The Heritage Foundation, The Federalist Society, and the National Center for Policy Analysis announce the details of Justice Clarence Thomas's book tour: You can view the details by clicking here.
Posted at 08:32 PM by Howard Bashman


"A Preview of the Supreme Court's Next Term": This audio segment (RealPlayer required) featuring David G. Savage of The Los Angeles Times and Law Professor Jeffrey Rosen appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 08:00 PM by Howard Bashman


"Clarence Thomas: Abortion Was Real Issue; Supreme Court Justice Gives First TV Interview To Steve Kroft." CBSNews.com provides this preview of Justice Thomas's appearance Sunday on the CBS News program "60 Minutes."

On Monday, October 1, 2007, Justice Thomas's book -- "My Grandfather's Son: A Memoir" -- will go on sale, although booksellers sometimes place books out for purchase before their official release date.
Posted at 06:03 PM by Howard Bashman



"Supreme Court Preview": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now."
Posted at 05:50 PM by Howard Bashman


"Deal Floated On Liability Of Telecoms; Damages Cap for Those Involved in Secret Wiretapping?" Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 05:30 PM by Howard Bashman


"Verizon Reverses Itself on Abortion Messages": Adam Liptak of The New York Times provides this news update.
Posted at 03:55 PM by Howard Bashman


Now available online, a "Digital Archive of the Papers of Harry A. Blackmun": The archive, which you can access via this link, currently includes cert. pool memoranda from Justice Blackmun's years on the Rehnquist Court, which spanned the 1986 through 1993 Terms.
Posted at 03:10 PM by Howard Bashman


"Pausing the Machinery of Death: The Supreme Court Takes Baze." Law Professor Alison J. Nathan has this commentary online at Jurist.
Posted at 03:05 PM by Howard Bashman


"Sentencing disparity for cocaine under attack; Crack nets users more prison time than powder drug": This article appears today in The Houston Chronicle.
Posted at 03:00 PM by Howard Bashman


"At issue in this case is the right to a jury trial in an admiralty case." So begins a complex but interesting ruling that a unanimous two-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 02:57 PM by Howard Bashman


"Senate Panel Moves Forward on Press Bill": Jesse J. Holland of The Associated Press has an article that begins, "A Senate committee on Thursday decided to push ahead with legislation shielding reporters from being forced to reveal their sources in federal court, despite objections from the federal law enforcement and intelligence community."
Posted at 02:35 PM by Howard Bashman


"Nomination Is a Classic Case of Partisanship": In today's issue of Roll Call, Law Professor Carl Tobias has an op-ed (subscription required) that begins, "On Sept. 6, President Bush nominated Duncan Getchell, a Richmond lawyer, for an opening on the U.S. Court of Appeals for the 4th Circuit. The nominee was not one of the five individuals whom Virginia Sens. John Warner (R) and Jim Webb (D) had earlier proposed to Bush. This nomination is a classic example of divisive partisanship, although the president frequently mouths the platitudes of bipartisanship. Thus, the Commonwealth's Senators and the entire Senate would be within their rights to reject the nominee."
Posted at 02:30 PM by Howard Bashman


"Boulder students protest pledge, under God": The Rocky Mountain News provides this update.

The Denver Post provides a news update headlined "Boulder students protest 'God' in pledge."

And The Boulder Daily Camera today contains an article headlined "Pledging to protest: Some students don't want to hear Pledge of Allegiance during class." The newspaper's web site also provides an update headlined "School won't move pledge, despite student protest."
Posted at 02:25 PM by Howard Bashman



"A Law-Abiding Attorney General? Mukasey's respect for limits on executive power makes him an improvement." Jacob Sullum has this essay online at Reason.
Posted at 02:08 PM by Howard Bashman


"Painting the Court Green: Anti-energy judicial activism." Marlo Lewis has this essay at National Review Online.
Posted at 02:05 PM by Howard Bashman


"Court Won't Declare Chimp a Person": The Associated Press provides a report that begins, "He's now got a human name - Matthew Hiasl Pan - but he's having trouble getting his day in court. Animal rights activists campaigning to get Pan, a 26-year-old chimpanzee, legally declared a person vowed Thursday to take their challenge to Austria's Supreme Court after a lower court threw out their latest appeal."
Posted at 12:15 PM by Howard Bashman


"Money helped Spector more than celebrity; His fortune gave him access to top attorneys and other resources that 99% of defendants could never afford, legal experts say": Henry Weinstein has this article today in The Los Angeles Times.

Also in that newspaper today, columnist Steve Lopez has an essay entitled "Exhibit M: money, money, money" that begins, "If I'm ever tempted to kill someone, please remind me to raise a few million dollars first. It can't hurt. Celebrity music producer Phil Spector had the .38-caliber Cobra in his hand, he had blood on his jacket, the driver heard him say he thought he just killed someone, five women testified that he had brandished guns in their presence, and Spector brushed off his murder rap like a bad wig."
Posted at 08:55 AM by Howard Bashman



"Court clears way for suit against SAG": The Los Angeles Times today contains an article that begins, "In a setback for the Screen Actors Guild, a federal appeals court Wednesday cleared the path for a former employee to pursue a wrongful termination case against the union. The case was brought by Patricia Heisser Metoyer, an affirmative action administrator for the union who was fired in May 2001 after an audit found she had authorized payment of more than $30,000 in grant funds to friends, business partners and her husband's production company."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:52 AM by Howard Bashman



"Courts rebuff most of Vonage's patent arguments; Verizon, Sprint secure wins over Internet phone service company": Today's edition of USA Today contains an article that begins, "A federal appeals court on Wednesday affirmed the bulk of Verizon's patent claims against Vonage, marking another setback for the Internet phone service pioneer."

My earlier coverage of yesterday's Federal Circuit ruling appears at this link.
Posted at 08:48 AM by Howard Bashman



"Judge rejects portion of Patriot Act; The law gives federal agents too much power, the ruling says, supporting Oregon lawyer Brandon Mayfield's challenge": This article appears today in The Oregonian.

The New York Times reports today that "Judge Rules Provisions in Patriot Act to Be Illegal."

And The Washington Post reports that "Patriot Act Provisions Voided; Judge Rules Law Gives Executive Branch Too Much Power."

My earlier coverage of yesterday's ruling of the U.S. District Court for the District of Oregon appears at this link.
Posted at 08:45 AM by Howard Bashman



"Court reverses itself - finds credit agency violated man's rights": Bob Egelko has this article today in The San Francisco Chronicle.

My earlier coverage of Tuesday's Ninth Circuit ruling appears at this link.
Posted at 08:40 AM by Howard Bashman



"FCC pushes review of indecency policy": Today in The Los Angeles Times, Jim Puzzanghera has an article that begins, "The Bush administration will ask the Supreme Court to reinstate a tough broadcast indecency policy that was invalidated by a lower court last spring, the nation's top communications regulator said Wednesday."

My most recent earlier coverage appears at this link.
Posted at 08:38 AM by Howard Bashman



"Ruling gives breast-feeding student extra break in exam": The Boston Globe contains this article today.

The New York Times reports today that "In Reversal, Student Is Given Extra Exam Time to Pump Breast Milk."

And The Harvard Crimson reports that "HMS Student Wins in Court; State appeals court says student can express breast milk into bottle during exam."
Posted at 08:32 AM by Howard Bashman



"Va. Execution Is Likely to Be Delayed; State Has Used Lethal Injection 70 Times": This article appears today in The Washington Post.
Posted at 08:25 AM by Howard Bashman


"Justice Dept.'s warrantless eavesdropping rejected": Declan McCullagh of c|net News.com provides this report.
Posted at 08:09 AM by Howard Bashman


"Verizon Rejects Messages of Abortion Rights Group": Today in The New York Times, Adam Liptak has an article that begins, "Saying it had the right to block 'controversial or unsavory' text messages, Verizon Wireless has rejected a request from Naral Pro-Choice America, the abortion rights group, to make Verizon's mobile network available for a text-message program."
Posted at 08:00 AM by Howard Bashman


"Clarence Thomas's book party": The Hill today contains an article that begins, "Most Washington parties can be crashed with simple name-dropping or the flash of a powerful business card. Next week's book party for Supreme Court Justice Clarence Thomas, however, is off-limits to intruders. 'If you don't have an invite, don't come,' said Armstrong Williams, who will host the party at his Northeast D.C. home."
Posted at 07:57 AM by Howard Bashman


"The Upcoming Supreme Court Lethal Injection Death Penalty Case: How It Will Likely Illustrate the Serious Ideological Divisions That Continue to Separate the Justices." Edward Lazarus has this essay online today at FindLaw.
Posted at 07:45 AM by Howard Bashman


Wednesday, September 26, 2007

"Prisons to Restore Purged Religious Books": This article will appear Thursday in The New York Times.
Posted at 11:17 PM by Howard Bashman


"Gov't Appealing Indecency Ruling": The Associated Press provides a report that begins, "The government will ask the Supreme Court to review an appeals court decision that invalidated the Federal Communication Commission's policy on the broadcast of profanity."

And Variety reports that "FCC seeks Supreme Court review; Agency fights for policy on fleeting expletives."

My earlier coverage of the Second Circuit's ruling from June 2007 appears here, here, and here.
Posted at 11:12 PM by Howard Bashman



"Ky. case may settle issue of execution; Lethal-injection drug combo challenged": The Louisville Courier-Journal contains this article today.

The Lexington Herald-Leader reports today that "U.S. Supreme Court to review lethal injection; Ruling in Kentucky case could have wide effect."

David G. Savage and Henry Weinstein of The Los Angeles Times report that "High court to hear lethal injection case; Justices may ban commonly used chemical concoctions that may cause dying inmates suffering, but ruling would not prohibit practice."

Joan Biskupic of USA Today has a front page article headlined "Justices to weigh lethal injection; Review may affect executions set for fall."

Patty Reinert of The Houston Chronicle reports that "Justices to rule whether method is cruel, unusual."

The Atlanta Journal-Constitution reports that "Court execution review won't move Georgia."

And The New York Sun reports that "Capital Case To Test 9 on Life's Value; Execution Method at Issue, Political Implications Seen."
Posted at 10:44 PM by Howard Bashman



"High court takes case on voter ID in Indiana; Ruling on state law may affect elections across the U.S." This article appears today in The Indianapolis Star.

The Louisville Courier-Journal reports today that "Justices to rule on Indiana's voter-ID law; Critics call rule an unfair burden."

David G. Savage of The Los Angeles Times reports that "Supreme Court to hear voter ID case; A GOP-backed Indiana law requires photo identification to be shown at the polls. In their appeal, Democrats say the policy discourages voters."

Joan Biskupic of USA Today reports that "Supreme Court will consider voter ID law; Concerns clash on rights, fraud."

And The Atlanta Journal-Constitution reports that "U.S. high court case may affect state voter ID."
Posted at 10:28 PM by Howard Bashman



"Supreme Court to Consider Use of Voter ID; Justices Will Also Hear Lethal-Injection Case": Robert Barnes has this front page article today in The Washington Post.
Posted at 10:15 PM by Howard Bashman


"High court botched death reviews; In justifying death sentences, Georgia's Supreme Court has repeatedly cited overturned cases": Today's installment of The Atlanta Journal-Constitution's series on the death penalty can be accessed here.
Posted at 08:40 PM by Howard Bashman


"Judge rules in favor of Mayfield challenge": The Oregonian provides a news update that begins, "A federal judge in Portland declared a portion of the USA Patriot Act unconstitutional Wednesday. U.S. District Judge Ann Aiken ruled that the Patriot Act violated the constitutional ban on unreasonable search and seizure. The decision is a victory for Brandon Mayfield, a Beaverton lawyer mistakenly linked to the 2004 Madrid train bombings because the FBI botched a botched fingerprint match."

And The Associated Press reports that "2 Patriot Act Provisions Ruled Unlawful."

You can access today's ruling of the U.S. District Court for the District of Oregon at this link.
Posted at 08:07 PM by Howard Bashman



"The Law Blog Lunches with Justice Kennedy": Amir Efrati has this post today at WSJ.com's "Law Blog."
Posted at 06:02 PM by Howard Bashman


"Executions Set Despite Ky. Case Review": The AP provides a report from Texas that begins, "Lawyers for a convicted murderer set to die Thursday in the nation's busiest death penalty state hurriedly prepared appeals Wednesday challenging lethal injection after the U.S. Supreme Court announced it would review a Kentucky case on the issue. An execution by lethal injection was also scheduled Thursday in Alabama, with lawyers for the inmate seeking a delay for the same reason. As attorneys for death row inmates scramble, legal experts predict it's unlikely the Supreme Court will impose a national moratorium on lethal injections while it considers the Kentucky case."
Posted at 05:57 PM by Howard Bashman


"Supreme Court candidate also gave back raise, spokeswoman says": The Associated Press provides this report from Pennsylvania.
Posted at 04:37 PM by Howard Bashman


Ninth Circuit overturns preliminary injunction that prohibited defendant "from making any comments that could be construed as to disparage [a trademark]": You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit in Freecycle Network, Inc. v. Oey at this link.

At "The Volokh Conspiracy" blog, Eugene Volokh previously had several posts (see, in particular, here and here) discussing the case and linking to background material.
Posted at 01:34 PM by Howard Bashman



"Court affirms Vonage infringed 2 Verizon patents": Reuters provides this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.

Update: And in other coverage, The Associated Press reports that "Court Partially Affirms Vonage Verdict."
Posted at 01:15 PM by Howard Bashman



"Judge throws out alleged rape victim's federal lawsuit": The Omaha World-Herald today contains an article that begins, "A federal judge threw out a lawsuit challenging a state judge's order barring the use of 'rape' and other words in the trial of a man accused of sexual assault."

And The Associated Press reports that "Judge Tosses Lawsuit Over Word 'Rape.'"

I have posted online at this link yesterday's ruling of the U.S. District Court for the District of Nebraska.
Posted at 10:40 AM by Howard Bashman



"Disney wins lawsuit ruling on Pooh rights; An appellate court says the family of the cartoon character's creator committed 'egregious misconduct' in seeking evidence": This article appears today in The Los Angeles Times.

Bloomberg News reports that "Disney Wins Ruling in 16-Year Battle Over Pooh Rights."

The Associated Press reports that "Court of Appeal denies request to reinstate Pooh lawsuit."

Reuters reports that "California court sides with Disney in Pooh case."

And Variety reports that "Disney wins 'Winnie' royalties war; California court affirms dismissal of 'Pooh' case."

You can access yesterday's ruling of the California Court of Appeal for the Second Appellate District, Division Four, at this link.
Posted at 08:44 AM by Howard Bashman



"Lawyer finds documents suggesting Jesse James couldn’t fight his way out of a lawsuit": Monday's edition of The Kansas City Star contained this article.
Posted at 08:35 AM by Howard Bashman


"Experian 'negligent,' judges say; A federal appeals panel slams the credit reporting firm, saying it should have fixed errors in a Los Angeles man's record": This article appears today in The Los Angeles Times.

Yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit, on panel rehearing, can be accessed here. Circuit Judge Alex Kozinski wrote yesterday's ruling. By contrast, Judge Kozinski dissented from the panel's original per curiam decision, even though that per curiam decision contained stylistic indications that it too had been written by Judge Kozinski.
Posted at 08:30 AM by Howard Bashman



"Does affirmative action hurt minorities? Racial preferences may be setting up many black and Latino law students for failure." Law Professors Vikram Amar and Richard H. Sander have this op-ed today in The Los Angeles Times.
Posted at 08:25 AM by Howard Bashman


"A Street Performer Crusades for the First Amendment": The New York Times today contains an article that begins, "What is the purpose of the First Amendment? That was the question before a judge in Manhattan Criminal Court yesterday, as a street performer named Reverend Billy, a k a William Talen, faced charges of harassing police officers in Union Square Park by reciting the First Amendment to the Constitution."
Posted at 08:22 AM by Howard Bashman


"Nominee for C.I.A. Counsel Withdraws": The New York Times today contains an article that begins, "The White House on Tuesday withdrew the nomination of John A. Rizzo to become the Central Intelligence Agency's top lawyer amid mounting opposition from Democrats over his role in the harsh interrogation of C.I.A. detainees."
Posted at 08:12 AM by Howard Bashman


"Senate Panel to Consider Shield Bill for Reporters": Today in The New York Times, Adam Liptak has an article that begins, "A bill that for the first time would give journalists limited protection from efforts to force them to reveal their sources in the federal courts will be taken up by the Senate Judiciary Committee on Thursday, and its sponsors said its prospects are good."
Posted at 08:09 AM by Howard Bashman


"Dispute Stymies Guantanamo Terror Trials; Chief Prosecutor Claims Interference; Office Is in Disarray": Jess Bravin has this article today in The Wall Street Journal.
Posted at 08:03 AM by Howard Bashman


"New York Cases Emerge as Key in Coming Term": Today in The New York Sun, Joseph Goldstein has an article that begins, "When the Supreme Court kicks off its new term next week with two appeals out of New York, judges and education officials based in the city will be paying close attention."
Posted at 07:55 AM by Howard Bashman


"When Is A Class Action Superior to Multiple Individual Lawsuits?: Part Two in a Two-Part Series on the New Jersey Supreme Court's Decertification of a Nationwide Vioxx Class Action." Anthony J. Sebok has this essay online today at FindLaw. Part one can be accessed here.
Posted at 07:53 AM by Howard Bashman


"Thomas's Impact on Legal Debates Exceeds High-Court Influence": Greg Stohr of Bloomberg News provides this report.

Earlier this month, The West Virginia Record reported that "Thomas talks courts, sports at Marshall."

The Parthenon of Marshall University reported that "Thomas shares views of Supreme Court; Justice speaks to AARP members, public."

And The Associated Press reported that "In W.Va. visit, Clarence Thomas blasts critics of court."
Posted at 07:44 AM by Howard Bashman



Tuesday, September 25, 2007

"4th Circuit's 5-5 Split May Impact Hot-Button Cases; One closely watched case could set precedent on detention of 'enemy combatants' without a trial or the filing of charges": law.com provides this report.
Posted at 11:05 PM by Howard Bashman


Linda Greenhouse is reporting: Wednesday in The New York Times, she will have articles headlined "Justices Agree to Hear Case About Voter ID Laws" and "Justices to Enter the Debate Over Lethal Injection."
Posted at 11:00 PM by Howard Bashman


"Supreme Court to Examine Lethal Injection, Voter Identification; Justices grant 17 new cases, perhaps in response to concerns about shrinking docket": law.com's Tony Mauro provides this report.
Posted at 10:03 PM by Howard Bashman


"Review Doesn't Halt Texas Executions": The Associated Press provides a report that begins, "The nation's busiest death penalty state executed another inmate Tuesday night, undeterred by a Supreme Court review of whether the lethal injection method most states use is cruel and unusual."
Posted at 09:55 PM by Howard Bashman


Jeffrey Toobin is guest-blogging about his new book at "TPMCafe": You can view his posts by clicking here.
Posted at 09:04 PM by Howard Bashman


"Supreme Court agrees to weigh lethal injection executions": Bob Egelko of The San Francisco Chronicle provides this news update.

And James Oliphant of The Chicago Tribune has a news update headlined "High court to hear voter ID, death penalty cases."
Posted at 08:45 PM by Howard Bashman



"High court to hear voter ID case": Joan Biskupic of USA Today provides this news update.
Posted at 05:20 PM by Howard Bashman


"Supreme Court to Consider Lethal Injection": Robert Barnes of The Washington Post provides this news update.

And Joan Biskupic of USA Today has a news update headlined "High court to rule on lethal injections."
Posted at 05:10 PM by Howard Bashman



"Levels of Deception": In the current issue of CQ Weekly, columnist Kenneth Jost has this preview of Stoneridge Investment Partners v. Scientific-Atlanta, a case that will be argued before the U.S. Supreme Court on October 9, 2007.
Posted at 04:40 PM by Howard Bashman


"Supreme Court Considers Lethal Injection, Voter I.D." This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:52 PM by Howard Bashman


"Justices to hear Kentucky lethal-injection case": The Courier-Journal of Louisville provides this news update.

And The Associated Press provides a report headlined "Ky. Inmate Challenges Execution Method" that begins, "Ralph Baze admits he shot a sheriff and a deputy 15 years ago in eastern Kentucky. But he doesn't want his death sentence carried out with the three-drug formula commonly used in lethal injections across the nation. Baze, 52, had been scheduled to be put to death Tuesday until the Kentucky Supreme Court issued a stay of execution earlier this month. Now the U.S. Supreme Court has decided to hear his appeal, agreeing to review the first direct challenge to the constitutionality of how 37 states conduct executions."
Posted at 03:22 PM by Howard Bashman



"Mukasey Security Detail Filed Complaint": The Associated Press provides a report that begins, "Emptying the trash, carrying groceries and toting golf clubs were among duties allegedly assigned to U.S. marshals protecting two federal judges in New York over the last decade - one of whom has been nominated to be the next U.S. attorney general. The valet-like chores were outlined in a complaint two years ago against Michael B. Mukasey, another judge and their wives by deputy marshals assigned to the judges' security details."
Posted at 03:15 PM by Howard Bashman


"Lethal Injection Challenge Gets Top U.S. Court Review": Greg Stohr of Bloomberg News provides this report.
Posted at 01:55 PM by Howard Bashman


Reuters is reporting: James Vicini has articles headlined "Supreme Court to decide photo ID voting law" and "Top U.S. court to rule on lethal injections."

And in related coverage, "US Supreme Court agrees to hear Pfizer patent case" and "Supreme Court says it will hear LG patent case."
Posted at 01:54 PM by Howard Bashman



"Reopening a very old issue": At "SCOTUSblog," Lyle Denniston has a post that begins, "Not since March 17, 1879, has the Supreme Court faced a constitutional test over a method of carrying out the death penalty."
Posted at 01:10 PM by Howard Bashman


"Lawyer requests $750,000; Gordon cites complexity of Jefferson desegregation case": The Courier-Journal of Louisville, Kentucky today contains an article that begins, "The Louisville attorney who helped overturn Jefferson County Public Schools' student-integration policy is asking a federal judge to order the district to pay him $750,000 in fees and bonuses."
Posted at 01:05 PM by Howard Bashman


"Supreme Court to rule on voter ID laws": David G. Savage of The Los Angeles Times provides this news update.
Posted at 01:03 PM by Howard Bashman


"Court Will Hear Lethal Injection Case": The Associated Press provides a report that begins, "The Supreme Court on Tuesday agreed to consider the constitutionality of lethal injections in the case of two death row inmates from Kentucky."

The ruling of the Supreme Court of Kentucky in Baze v. Rees, which the U.S. Supreme Court this morning agreed to review, can be accessed here. My earlier coverage of that ruling appears at this link.
Posted at 10:57 AM by Howard Bashman



"Breaking News: Supreme Court Grants Cert in Indiana Voter Identification Case." Rick Hasen has this post at his "Election Law" blog.
Posted at 10:26 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Supreme Court to Hear Voter ID Case"; "Court to Consider Technology Patent Case"; and "Court to Review Virginia Drug Case."
Posted at 10:19 AM by Howard Bashman


"Court grants 17 new cases": Lyle Denniston has this post at "SCOTUSblog." Today's Order List can be viewed at this link.
Posted at 10:08 AM by Howard Bashman


"Foreigners can't sue police for violating their legal rights": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Foreigners who are arrested in the United States can't sue police for failing to tell them of their right to contact their consulate, despite a treaty requiring such notification, a federal appeals court ruled Monday."

My earlier coverage of Monday's Ninth Circuit ruling appears at this link.
Posted at 08:10 AM by Howard Bashman



"Ruling paves way for terrorism trials; A military review panel gives U.S. officials the authority to try Guantanamo Bay detainees": This article appears today in The Los Angeles Times.

And The Washington Post reports today that "Court Reverses Ruling on Detainees."
Posted at 08:04 AM by Howard Bashman



"The Case That the President's Reach Exceeds His Grasp": Today in The New York Times, Michiko Kakutani has this review of Pulitzer Prize-winning journalist Charlie Savage's new book, "Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy."
Posted at 07:48 AM by Howard Bashman


"Contingency-Fee Con-Men": Law Professor Lester Brickman has this op-ed today in The Wall Street Journal.
Posted at 07:44 AM by Howard Bashman


Monday, September 24, 2007

"High Court Is Set for High Drama": Marcia Coyle has this article in today's edition of The National Law Journal.
Posted at 11:00 PM by Howard Bashman


"Court Reinstates Terrorism Charges": The Associated Press provides a report that begins, "A military appeals court sided with the Pentagon on Monday, overruling a judge who threw out terrorism charges against a Guantanamo Bay detainee."

Tuesday's edition of The New York Times will report that "Court Advances War Crime Trials."

Carol Rosenberg of The Miami Herald provides a news update headlined "Panel reinstates captive's war charges."

And at "SCOTUSblog," Lyle Denniston has a post titled "Military commissions' powers broadened."
Posted at 10:30 PM by Howard Bashman



"In the chambers of the US Supreme Court: Jeffrey Toobin examines the nine personalities that sit on the nation's highest court." Tuesday in The Christian Science Monitor, Warren Richey will have this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court."
Posted at 09:07 PM by Howard Bashman


"Federal court vacancies yet to be filled": The Providence Journal today contains an article that begins, "U.S. Sen. Sheldon Whitehouse, a Democratic member of the Senate Judiciary Committee, last week said the time might have passed already for the White House to successfully nominate candidates for a vacancy on the U.S. District Court in Providence and for the vacant 1st U.S. Circuit Court of Appeals seat long held by a Rhode Islander."
Posted at 08:50 PM by Howard Bashman


"Mukasey's Role in Terror Detention Is Questioned": Joseph Goldstein of The New York Sun provides a news update that begins, "Following the September 11, 2001 terrorist attacks, a judge who is now President Bush's nominee for attorney general, Michael Mukasey, allowed prosecutors to keep a man behind bars for ten months without any criminal charges being filed against him."
Posted at 08:47 PM by Howard Bashman


"D.C. opposes gun access plea": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:40 PM by Howard Bashman


"A break for bloggers": Today in The Philadelphia Daily News, Dan Gross has an item that reports, "The U.S. Court of Appeals Third Circuit has dismissed blueberry heir Anthony DiMeo III's motion to reverse a lower court's dismissal of the libel/defamation-of-character suit DiMeo filed against blogger Tucker Max."

You can access last Wednesday's non-precedential ruling of the U.S. Court of Appeals for the Third Circuit in DiMeo v. Max at this link.
Posted at 06:08 PM by Howard Bashman



"Judging Controversial Cases: A panel of judges, who ruled in controversial cases, talk about the pitfalls of presiding over high-profile cases, judicial independence and how their lives have changed since the rulings." That was the title of this past Saturday's broadcast of C-SPAN's "America & the Courts" program. You can view the broadcast online by clicking here (RealPlayer required). C-SPAN has also posted online the entire panel discussion (RealPlayer required).
Posted at 04:10 PM by Howard Bashman


"Freud, the FCC & the doctrine of respondeat superior": Online at the First Amendment Center, Ronald K.L. Collins has an essay that begins, "Justin Timberlake and Janet Jackson tarted it up for the 2004 Super Bowl halftime show. Compared to their ribald routine, the resulting legal show was Victorian. When the infamous bustier malfunction case came before the 3rd U.S. Circuit Court of Appeals recently, black robes and dark, pinstriped, buttoned-down, tailored suits were the order of the day."

Ensuring that there would be no possibility of a "wardrobe malfunction," C-SPAN allows you to "watch" the Third Circuit oral argument audiotape by clicking here (RealPlayer required).
Posted at 04:05 PM by Howard Bashman



"6 stories in service of justice; The Orlando federal-courthouse annex is called 'spectacular' in a dedication after years of disagreement": This article appeared Saturday in The Orlando Sentinel.

According to the article, "The six-story courthouse annex was dedicated during an hourlong ceremony that featured 500 guests, a long procession of robed federal judges and speeches from several dignitaries, including U.S. Supreme Court Justice Clarence Thomas." The article goes on to report that "Afterward, Thomas participated in several ribbon-cutting ceremonies with dignitaries and was mobbed like a rock star. He signed autographs, posed for pictures and chatted with the public."
Posted at 03:58 PM by Howard Bashman



Does Article 36 of the Vienna Convention on Consular Relations create judicially-enforceable rights that may be vindicated by foreign nationals who were arrested and detained without being advised of their right to have a consular officer notified as required by Article 36? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued a decision holding that the answer to that question is "no."
Posted at 01:50 PM by Howard Bashman


"Deecy Gray, Douglas Ginsburg": A wedding announcement that appeared yesterday in The New York Times begins, "Dorothy Stephens Gray, a public relations and government affairs consultant in Washington, was married last evening to Douglas H. Ginsburg, the chief judge of the United States Court of Appeals for the District of Columbia Circuit. Chief Justice John G. Roberts Jr. officiated in the east conference room at the Supreme Court."
Posted at 10:28 AM by Howard Bashman


"The Supreme Court and the Butterfly Effect": Michael C. Dorf has this essay online today at FindLaw.
Posted at 09:42 AM by Howard Bashman


"A matter of life or death": The Atlanta Journal-Constitution is in the midst of a four-day series on death penalty prosecutions. Part one of the series appeared in yesterday's newspaper, while part two appears in today's newspaper.
Posted at 08:48 AM by Howard Bashman


"Military back at Law Sch.; Following appeals court ruling, recruiters return for first time in two years": This article appears today in The Yale Daily News.
Posted at 08:42 AM by Howard Bashman


"Ex-border agents appeal convictions": The Washington Times today contains an article that begins, "Two former U.S. Border Patrol agents sentenced to lengthy prison terms for shooting a drug-smuggling suspect have asked a federal appeals court to overturn their convictions, saying they were charged with a nonexistent crime and convicted after the jury was given improper instructions by the trial judge."
Posted at 08:39 AM by Howard Bashman


Available online from law.com: An article reports that "2nd Circuit Hears Arguments on Letting NYC's Gun Suit Go to Trial."

In other news, an article asks "Will Judges Let Gonzales' Picks Remain in Play? Next month, federal judges will decide fate of 11 interim U.S. Attorneys."

And the new installment of my "On Appeal" column is headlined "The Appendix on Appeal: The Good, the Bad and the Ugly."
Posted at 08:32 AM by Howard Bashman



"Law dean known as gentleman and a scholar; Respected experience marks Chemerinsky's long, strange trip to UCI": The Orange County Register contains this article today. Yesterday's newspaper, meanwhile, contained an article headlined "Chancellor's trials have influenced perspective; Early problems with hospital helped initiate Michael Drake into world of leadership."

And today in The Los Angeles Times, Maura Dolan has an article headlined "Verdict on chief justice's letter to UCI: not unethical; Because his view was sought, it was OK for George to weigh in on new dean, experts say."
Posted at 08:28 AM by Howard Bashman



"Post-9/11 Cases Fuel Criticism for Nominee": This article appears today in The New York Times.

And The Los Angeles Times today contains an editorial entitled "Don't rush Mukasey's confirmation: The president as well as Senate Democrats should not be hasty in confirming a new attorney general."
Posted at 08:25 AM by Howard Bashman



"Europe does antitrust its way; The EU's tough stance in the Microsoft case underscores a policy difference with the U.S." Jim Puzzanghera has this article today in The Los Angeles Times.
Posted at 08:19 AM by Howard Bashman


"Closing Guantanamo lockup looks increasingly unlikely; As the 2008 elections approach, many in the GOP are seizing on the detention unit as a get-tough issue": The Los Angeles Times contains this article today.
Posted at 08:16 AM by Howard Bashman


"The sting is in the small type: Antiwar T-shirts that list the names of troops killed in Iraq have angered relatives of the dead while fueling a debate over free speech." This front page article appears today in The Los Angeles Times.
Posted at 08:15 AM by Howard Bashman


"Larry Craig's Great Adventure: Suddenly, He's a Civil Libertarian." Adam Cohen has this Editorial Observer essay today in The New York Times.
Posted at 08:00 AM by Howard Bashman


"Justice on the Couch": Today in The New York Sun, Ann Althouse has this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court."
Posted at 07:56 AM by Howard Bashman


"Hard Case: Job Market Wanes for U.S. Lawyers; Growth of Legal Sector Lags Broader Economy; Law Schools Proliferate." The Wall Street Journal contains this front page article today.
Posted at 07:47 AM by Howard Bashman


"Pay gap dismays federal judges; 'Historic' number stepping down": This front page article appears today in USA Today, which also contains an article headlined "Judges pay when their salaries tied to lawmakers'; Raises entangled in political issues, re-election jitters."
Posted at 07:40 AM by Howard Bashman


"Fear but Few Facts in Debate on Voter I.D.'s": Adam Liptak has this "Sidebar" column today in The New York Times.
Posted at 07:35 AM by Howard Bashman


Sunday, September 23, 2007

"Judges may appoint prosecutor to succeed Mckay": The Seattle Times today contains an article that begins, "With the appointment of interim U.S. Attorney Jeffrey Sullivan about to end, federal judges in Seattle and Tacoma are preparing to name a new U.S. attorney for Western Washington for what may be the first time. Sullivan was named acting U.S. attorney shortly after the Justice Department's controversial firing of John McKay in December. His appointment will end Oct. 12, along with those of 11 other interim U.S. attorneys, because of legislation passed this spring, according to the Justice Department."
Posted at 08:50 PM by Howard Bashman


"U.S. Attorney in Minnesota Faces Probe; Prosecutor Accused by Staff of Abuse, Retaliation, Mishandling Classified Material": This article appears today in The Washington Post.

And on Tuesday, the blog "Eric Black Ink" had a post titled "Paulose under investigation by feds."
Posted at 08:44 PM by Howard Bashman



"Severability as Judicial Lawmaking": David H. Gans, program director of the Floersheimer Center for Constitutional Democracy at the Benjamin N. Cardozo School of Law, has posted this article (abstract with links for download) at SSRN (via "Legal Theory Blog").
Posted at 05:00 PM by Howard Bashman


"The Regulation of Judicial Ethics in the Federal System: A Peek Behind Closed Doors." Law Professor Arthur D. Hellman has posted this article (abstract with links for download) online at SSRN.
Posted at 04:40 PM by Howard Bashman


"Supreme Politics: A glimpse behind the scenes as the high court of the land moves to the right." Today in the Book World section of The Washington Post, Edward Lazarus has this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court."

Today in The New York Daily News, David Hinckley has a review headlined "Toobin's 'The Nine' traces path of current Supreme Court."

And as I previously noted here, in the Sunday Book Review of today's edition of The New York Times, David Margolick has a lengthy review headlined "Meet the Supremes."
Posted at 11:10 AM by Howard Bashman



"Justice Thomas offers his story -- in his own words": Michael Doyle of McClatchy Newspapers provides this report.

The book -- "My Grandfather's Son: A Memoir" -- is scheduled to go on sale October 1, 2007, although some booksellers may jump the gun and place the book on sale earlier.
Posted at 11:04 AM by Howard Bashman



"U.S. court backs state ban on horse-slaughtering for human food": This article appears today in The Chicago Tribune.

My earlier coverage of Friday's Seventh Circuit ruling appears at this link.
Posted at 10:27 AM by Howard Bashman



"Nuance and Resolve in Rulings by Attorney General Nominee": Adam Liptak has this front page article today in The New York Times.
Posted at 09:13 AM by Howard Bashman


Saturday, September 22, 2007

"Congress OKs Fast-Tracked Executions": This audio segment (RealPlayer required) appeared on today's broadcast of "Weekend Edition Saturday."
Posted at 11:22 PM by Howard Bashman


"Mukasey's independent streak could mark a turn for the White House; The nominee for attorney general is known for his firm grasp of the law and for not easily backing down": Sunday's edition of The Los Angeles Times will contain this article.
Posted at 10:55 PM by Howard Bashman


"A Defeat for Gay Marriage: Maryland's legislature should take up the challenge in a Court of Appeals decision." This editorial appears today in The Washington Post.
Posted at 10:54 PM by Howard Bashman


"In 2008, Bush v. Gore Redux?" Columnist Bob Herbert has this op-ed today in The New York Times.
Posted at 10:45 PM by Howard Bashman


The Associated Press is reporting: An article reports that "Law Banning Horse Slaughter Upheld." My earlier coverage of Friday's Seventh Circuit ruling appears at this link.

In other news, "Gitmo Ruling Clouds Attorney Access."

And an article reports that "'God' Gets an Attorney in Lawsuit."
Posted at 10:38 PM by Howard Bashman



"Government appeals in citizen-detainee case": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:15 PM by Howard Bashman


"Nine Ways To Read The Nine: Jeffrey Toobin's new book as a referendum on Supreme Court reporting." Emily Bazelon and Dahlia Lithwick have this jurisprudence essay online at Slate.

And this past Wednesday's broadcast of WHYY Radio's "Fresh Air with Terry Gross" contained an audio segment entitled "Jeffrey Toobin Profiles 'The Nine' Inside the Robes."
Posted at 09:10 PM by Howard Bashman



"U.S. District Judge Cassell resigns to teach, advocate; The critic of mandatory minimum sentences will take up job at U., litigate for crime victims group": This article appears today in The Salt Lake Tribune.

And The Deseret Morning News reports today that "Utah's youngest federal judge resigns."
Posted at 08:55 PM by Howard Bashman



Friday, September 21, 2007

"Cassell to step down as federal judge in Utah": The Deseret Morning News provides an update that begins, "Utah's youngest serving federal judge has announced he will be stepping down from the bench and returning to teaching law at the University of Utah. On Friday, U.S. District Judge Paul Cassell submitted his letter of resignation to President George W. Bush, informing the president his last day on the bench is expected to be Nov. 5."

And the "Sentencing Law and Policy" provides a post titled "Breaking news (and SL&P exclusive?): federal Judge Paul Cassell resigning!"
Posted at 03:30 PM by Howard Bashman



The Associated Press is reporting: An article headlined "Prosecutors Eyeing Wiretap Problems" begins, "The Justice Department is worried that a recent appeals court ruling could make it impossible to use wiretaps to investigate members of Congress in corruption cases."

And Lara Jakes Jordan reports that "Mukasey Hit Justice Dept on Sentencing."
Posted at 02:55 PM by Howard Bashman



To convict someone of the federal crime of "willful failure to pay a past due child support obligation with respect to a child who resides in another State," must the prosecution prove that the defendant knew the child lived out-of-state? A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today issued an interesting decision answering that question "yes."
Posted at 02:47 PM by Howard Bashman


Third Circuit holds that City of Philadelphia health workers did not violate the constitutional rights of a 16-year-old girl or her parents by providing the girl with the emergency contraceptives she requested without notifying her parents: The U.S. Court of Appeals for the Third Circuit issued this ruling today.
Posted at 02:40 PM by Howard Bashman


Ninth Circuit holds unripe a challenge to Alaska Code of Judicial Conduct provisions that caused state judges seeking retention to refuse to disclose their views on a variety of legal and political issues such as abortion and assisted suicide: You can access today's ruling at this link.
Posted at 02:15 PM by Howard Bashman


The constitutionality of strip-searching a 13-year-old female honor roll student with no prior disciplinary problems during school hours and on school premises based on the allegation she had given a classmate a prescription-strength ibuprofen tablet: A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit divided 2-1 on that question in this ruling issued today.
Posted at 02:05 PM by Howard Bashman


"Horse meat was until recently an accepted part of the American diet--the Harvard Faculty Club served horse-meat steaks until the 1970s." So begins an opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Today's very interesting decision rejects on the merits a lawsuit brought by the only remaining facility in the United States for slaughtering horses, which happens to be based in Illinois, against a recently-enacted Illinois law that makes it unlawful to "slaughter a horse if that person knows or should know that any of the horse meat will be used for human consumption."

Some readers may recall that in July 2007, this very same three-judge panel, by a vote of 2-1, issued an injunction pending appeal against enforcement of this law, thereby allowing the slaughterhouse to remain in operation pending today's ruling. My earlier coverage of the opinions in support of and opposed to the issuance of that injunction pending appeal appears at this link. Today's ruling dissolves that injunction.
Posted at 11:58 AM by Howard Bashman



"Talk centers on abortion rights": The Yale Daily News today contains an article that begins, "A recent Supreme Court decision was the impetus for a panel discussion on the future of abortion rights Thursday night. At the event, which was sponsored by the Yale Law Students for Reproductive Justice, three legal experts discussed the state of abortion rights after the April Supreme Court decision in Gonzales v. Carhart, which upheld the federal ban on partial-birth abortion."
Posted at 08:50 AM by Howard Bashman


"W.R. Grace Loses Appeal In Asbestos Mine Case": This article appears today in The Washington Post.

And The Missoulian reports today that "9th Circuit overturns Grace rulings."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:47 AM by Howard Bashman



"Regulating Microsoft": The New York Times contains this editorial today.
Posted at 08:44 AM by Howard Bashman


"Law firm founder indicted; Melvyn Weiss is alleged to have participated in a scheme to make secret payment to plaintiffs in class-action cases": This article appears today in The Los Angeles Times.

The New York Times reports today that "Top Class-Action Lawyer Faces Federal Charges."

The Washington Post reports that "Class-Action Lawyer Weiss Indicted."

And in The New York Sun, Josh Gerstein reports that "Class Action Attorney Melvyn Weiss Is Indicted."
Posted at 08:40 AM by Howard Bashman



"UC Irvine chancellor says he 'bungled' Chemerinsky firing; In an interview, Michael V. Drake insists that his reversal was not prompted by outside pressure": The Los Angeles Times contains this article today.
Posted at 08:35 AM by Howard Bashman


"Rulings by Mukasey Are Called Conservative, Fair": Robert Barnes and Michael A. Fletcher have this article today in The Washington Post.
Posted at 08:30 AM by Howard Bashman


"Critics Right and Left Protest Book Removals": The New York Times today contains an article that begins, "The federal Bureau of Prisons is under pressure from members of Congress and religious groups to reverse its decision to purge the shelves of prison chapel libraries of all religious books and materials that are not on the bureau's lists of approved resources."
Posted at 08:23 AM by Howard Bashman


"Court Allows Boys' Protest via Buttons": The New York Times today contains an article that begins, "A federal district judge ruled on Thursday that two grade-school students here can wear buttons depicting Hitler Youth to protest having to wear school uniforms."

And law.com provides a report headlined "Federal Judge: First Amendment Bars School's Ban on 'Hitler Youth' Badges."

I have posted online at this link Wednesday's ruling of the U.S. District Court for the District of New Jersey.
Posted at 08:20 AM by Howard Bashman



"Power Lineup, Swings From Right": Today in The New York Times, Michiko Kakutani has this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court."
Posted at 08:04 AM by Howard Bashman


Thursday, September 20, 2007

"W.R. Grace can face criminal charges in asbestos deaths": The Seattle Post-Intelligencer provides a news update that begins, "The Ninth U.S. Court of Appeals has ruled that federal prosecutors can reinstitute criminal charges of knowing endangerment against W.R. Grace & Co. and seven of its top or former officials. A conviction on this charge can bring imprisonment of up to 15 years per count."

And The Associated Press reports that "9th Circuit reverses several pretrial rulings in W.R. Grace case."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 11:17 PM by Howard Bashman



"Big Terror Trial Shaped Views of Justice Pick": Adam Liptak has this article today in The New York Times.
Posted at 10:47 PM by Howard Bashman


"UC Irvine's Drake concedes he 'bungled' Chemerinsky matter": The Los Angeles Times provides this news update.
Posted at 08:40 PM by Howard Bashman


"'God' Apparently Responds to Lawsuit": The Associated Press provides this report from Nebraska.
Posted at 08:38 PM by Howard Bashman


"In Reversal of Roles, Weiss Is Indicted; High-Profile Attorney Is Accused of Kickbacks To Class-Action Clients": This article will appear Friday in The Wall Street Journal.

The New York Times provides a news update headlined "Weiss Indicted in Class-Action Kickback Case."

Bloomberg News reports that "Melvyn Weiss, Milberg Co-Founder, Indicted in Probe."

Reuters reports that "US lawyer Melvyn Weiss indicted in kickbacks case."

And The Associated Press reports that "Co-founder of Milberg Weiss indicted for conspiracy."

WSJ.com's "Law Blog" has posted online the indictment at this link.
Posted at 08:34 PM by Howard Bashman



"In the Philippines, Ex-Judge Consults Three Wee Friends; Mr. Floro Loses His Job But Becomes a Celebrity; Using a Little Elfin Magic": Monday's edition of The Wall Street Journal contained an article that begins, "As a trial-court judge, Florentino V. Floro Jr. acknowledged that he regularly sought the counsel of three elves only he could see. The Supreme Court deemed him unfit to serve and fired him last year."

My earlier coverage of this matter, from August 2006, appears at this link.
Posted at 08:20 PM by Howard Bashman



"Judge: No extra break for lactating exam taker; Student sought time to pump baby's milk." The Boston Globe today contains an article that begins, "A Harvard medical student and new mother will not be permitted to take extra break time to pump breast milk during her licensing exam to become a doctor, a judge ruled yesterday."

And The Harvard Crimson reports today that "HMS Mom Won't Get More Time on Exams."
Posted at 07:58 PM by Howard Bashman



"In a Decision Involving O'Hare Airport's Planned Expansion, the U.S. Court of Appeals for the Seventh Circuit Rightly Rejects a Religious Land Use Claim": Marci A. Hamilton has this essay online today at FindLaw.
Posted at 07:45 PM by Howard Bashman


"Chief Justice back in Stoneridge case": Lyle Denniston has this post at "SCOTUSblog."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Chief Justice Back in the Stoneridge Case."
Posted at 04:13 PM by Howard Bashman



"Toobin Gets Inside Dish on Infighting at Radical New High Court": Susan Antilla of Bloomberg News has this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court."
Posted at 03:15 PM by Howard Bashman


"Federal Appeals Judge Widener Dies at 83": The Associated Press provides this report.
Posted at 03:00 PM by Howard Bashman


"Still No Truce on Judges": Roll Call today contains an article (subscription required) that begins, "While Senate Democrats and Republicans have seemingly put aside their swords over Michael Mukasey, few Senators expect the rare detente on the Bush administration's attorney general nominee will translate into a lasting peace in the ongoing battle over executive branch nominations."

And at today's executive business meeting of the Senate Judiciary Committee, committee chairman Sen. Patrick J. Leahy (D-VT) issued this judicial confirmation-related statement (scroll down to third item).
Posted at 02:23 PM by Howard Bashman



Ninth Circuit decides federal government's pretrial appeal in United States v. W.R. Grace, a case in which the government has charged Grace and seven of its executives with criminal conduct arising from Grace's vermiculite operation in Libby, Montana: You can access today's decision, in which the federal government has prevailed in various respects, at this link.

For additional background, the May/June 2000 issue of Mother Jones magazine contained an article headlined "Libby's Deadly Grace."
Posted at 02:11 PM by Howard Bashman



"Chief justice stresses judicial independence; Without it, he says, a society's 'noble promises' of freedom are worthless": This article appears today in The Post-Standard of Syracuse, New York, along with an article headlined "Chief Justice Roberts opens Newhouse III." The newspaper's web site also offers some video coverage of yesterday's event.

And The Daily Orange of Syracuse University today contains articles headlined "Chief Justice Roberts headlines Newhouse III opening"; "'Bong hits' case still haunts Roberts as protestors hit Quad"; "Dedication events engulf campus"; and "Students in Goldstein react to speech they couldn't attend." A related feature provides the responses of students to the question "What is your reaction to Chief Justice Roberts' visit to campus today?" And an editorial is entitled "Roberts' speech dodged First Amendment."
Posted at 10:25 AM by Howard Bashman



"A 4th Circuit Court of Appeals judge from Abingdon, Va., died on Wednesday": The Bristol Herald Courier today contains an article that begins, "Local lawyers and judges alike were shocked Wednesday to learn that a long-respected attorney whose career took him from the courthouses in Bristol Virginia and Abingdon to the 4th U.S. Circuit Court of Appeals in Richmond was dead. Judge H. Emory Widener, 83, died at his Abingdon home around 11 a.m. Wednesday, according to court personnel in Bristol Virginia."

My earlier coverage appears at this link.
Posted at 09:53 AM by Howard Bashman



Wednesday, September 19, 2007

"The Dissenter: Three decades ago, Justice John Paul Stevens was appointed to the Supreme Court as a judicial conservative and moderate Republican; So how did he come to lead the liberal wing of a fiercely divided court?" As I noted in tihs post earlier today, Law Professor Jeffrey Rosen will have this cover story in this upcoming Sunday's edition of The New York Times Magazine.

I have now read the article in full, and it contains much fascinating information.
Posted at 11:05 PM by Howard Bashman



"Judicial Activism": Online at Forbes.com, Emily Schmall has this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court."
Posted at 10:40 PM by Howard Bashman


"Nation's top jurist says independent courts vital to free speech": The Associated Press provides this report.
Posted at 10:35 PM by Howard Bashman


"Prominent Lawyer to Be Indicted": The New York Times on Thursday will contain an article that begins, "Melvyn I. Weiss, a leading class-action securities lawyer, is expected to be indicted as early as today in connection with the kickback scheme that has ensnared his firm, Milberg Weiss, and several former lawyers there, the firm said yesterday in a statement."

Bloomberg News reports that "Milberg Weiss Co-Founder Weiss Faces Criminal Charges."

Reuters provides a report headlined "Attorney Melvyn Weiss to be indicted: law firm."

And The Associated Press reports that "Law Firm Says Partner to Be Indicted."
Posted at 10:23 PM by Howard Bashman



"Mukasey's Not the Man: He'll be a weak attorney general." Bruce Fein has this jurisprudence essay online at Slate.
Posted at 10:14 PM by Howard Bashman


"Daughter of 'Brown' Discusses Case, Civil Rights": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 10:07 PM by Howard Bashman


"Judge: Ten Commandments Display Can Stay." The Associated Press provides this report on a decision that the U.S. District Court for the Eastern District of Kentucky issued on Monday.
Posted at 10:03 PM by Howard Bashman


"Thomas' Memoir - New Revelations Or Mostly Rehash?" Tony Mauro has this "Courtside" column online at Legal Times.
Posted at 08:55 PM by Howard Bashman


"Telling It Like It Isn't: John Roberts speaks out. A little." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:38 PM by Howard Bashman


"Yale Law to Allow Military Recruiters": The Associated Press provides a report that begins, "Yale Law School will end its policy of not working with military recruiters following a court ruling this week that jeopardized about $300 million in federal funding, school officials said Wednesday."

And Yale Law School today issued a statement headlined "Statement of Dean Harold Hongju Koh Regarding Burt v. Gates Decision, September 19, 2007."

My earlier coverage of Monday's Second Circuit ruling appears at this link.
Posted at 08:35 PM by Howard Bashman



"Roberts stresses independent judges": The Post-Standard of Syracuse, New York provides this news update.
Posted at 05:54 PM by Howard Bashman


In memoriam: I have received reliable reports that Fourth Circuit Judge H. Emory Widener, Jr. passed away this morning at his home. He was born in 1923, joined the Fourth Circuit in 1972 after having served as a federal district judge for a little over three years, and took senior status in July of this year. Details on funeral arrangements are not yet known.
Posted at 05:30 PM by Howard Bashman


"Top class-action lawyer to be indicted; Melvyn Weiss, the prominent class-action attorney, is expected to be charged Thursday for his role in a kickback scheme tied to more than 150 investor lawsuits": Fortune magazine provides this online report.
Posted at 04:33 PM by Howard Bashman


Forthcoming in the September 23, 2007 issue of The New York Times: Law Professor Jeffrey Rosen will have the cover story in The New York Times Magazine, headlined "The Dissenter: Three decades ago, Justice John Paul Stevens was appointed to the Supreme Court as a judicial conservative and moderate Republican; So how did he come to lead the liberal wing of a fiercely divided court?"

And in the Sunday Book Review, David Margolick will have a lengthy review headlined "Meet the Supremes" of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court." Accompanying the review will be this graphic.
Posted at 03:35 PM by Howard Bashman



"Live from Syracuse: Chief Justice Roberts on the First Amendment." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:25 PM by Howard Bashman


"Senate Rejects Expanding Detainee Rights": The Associated Press provides this report.
Posted at 11:52 AM by Howard Bashman


"'Ask the Author' with Jeffrey Toobin: Part 2." This post appears today at "SCOTUSblog."
Posted at 11:23 AM by Howard Bashman


"Senate Debates Restoring Habeas Corpus": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:15 AM by Howard Bashman


After protracted appellate consideration, Second Circuit holds that man convicted of depraved indifference murder under New York law is not entitled to federal habeas relief based on argument that evidence showed the man intentionally killed his victim: My first coverage of this case appeared on November 15, 2005, in a post whose title -- "The result of these habeas corpus proceedings is, of course, disturbing. The defendant is set free because he meant to kill his victim" -- quoted from a ruling that the Second Circuit had issued that day.

Next, as I wrote in this post on June 21, 2006, the original panel decided to certify certain questions in the case to the New York State Court of Appeals, that State's highest court. Simultaneously, via dissents from that same order, five Second Circuit judges went on record as dissenting from the denial of rehearing en banc as to the panel's original proposed disposition of the case.

Next, on November 16, 2006, New York's highest court issued its decision holding that the original Second Circuit panel's ruling had rested on a misunderstanding of New York law.

Finally, today, the original three-judge Second Circuit panel has issued a ruling that reaches the opposite result from that panel's earlier ruling. More specifically, today's ruling holds that the man convicted of depraved indifference murder under New York law is not entitled to federal habeas relief based on his argument that the evidence showed he intentionally killed his victim. Interestingly, it appears that today's ruling relies more heavily on the Second Circuit panel's reexamination of the record, which revealed that the evidence of intentional killing is not as convincing as the habeas petitioner had been arguing, than on the New York Court of Appeals' attempted clarification of applicable New York law.
Posted at 11:00 AM by Howard Bashman



"A True Rightward Turn? The Upcoming Term and the 2008 Elections." Tom Goldstein has this interesting post at "SCOTUSblog."
Posted at 09:12 AM by Howard Bashman


"Md. Ban On Gay Marriage Is Upheld; Law Does Not Deny Basic Rights, Is Not Biased, Court Rules": The Washington Post contains this front page article today.

The Baltimore Sun today contains articles headlined "Court upholds marriage law; Divided judges refuse right to same-sex unions"; "Decision stuns plaintiffs; Same-sex marriage advocates shocked, plan to keep fighting"; and "Md. lawmakers begin preparing for 2008 battle; Clash in legislature seems certain."

And The Washington Times reports that "Maryland's highest court backs marriage limits."

You can access yesterday's ruling of the Court of Appeals of Maryland at this link.
Posted at 09:05 AM by Howard Bashman



"Choice for Attorney General Given Warm Welcome on Capitol Hill": This article appears today in The New York Times, along with an article headlined "An Old Friend Joins Giuliani in a Spotlight."

The Washington Post reports today that "Democrats May Tie Confirmation to Gonzales Papers."

The Washington Times reports that "Mukasey dealt setback to Justice."

In The Wall Street Journal, Law Professor Douglas W. Kmiec has an op-ed entitled "The Attorney General's Job."

And The New York Sun contains an editorial entitled "Testing Mukasey."
Posted at 08:56 AM by Howard Bashman



"What about Larry? Compare Chemerinsky's tale with academia's bashing of ex-Harvard chief Summers." Law Professor David E. Bernstein has this op-ed today in The Los Angeles Times.
Posted at 08:52 AM by Howard Bashman


"A Voting Test for the High Court": Today in The Washington Post, Law Professor Richard L. Hasen -- author of the "Election Law" blog -- has an op-ed that begins, "At a private conference next Monday, the Supreme Court will consider whether to hear a challenge to Indiana's new law requiring voters to show photographic identification at the polls."
Posted at 08:38 AM by Howard Bashman


"Kerkorian Loses Appeal of DaimlerChrysler Deal Ruling": Bloomberg News provides this report.

The Associated Press reports that "Kerkorian loses in court vs. Chrysler; Lower court rejects billionaire's claim that he was defrauded in 1998 Daimler-Chrysler merger."

And Reuters provides a report headlined "U.S. court rejects Kerkorian appeal: Daimler."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 08:26 AM by Howard Bashman



"Settlements Do Not Deter 9/11 Plaintiffs Seeking Trials": The New York Times contains this article today.
Posted at 08:19 AM by Howard Bashman


"Investigation of Milberg Lands a Pivotal Figure; Lerach Agrees to Plea, Could Go to Prison; Gains Forfeited to U.S." This article appears today in The Wall Street Journal, along with an editorial entitled "Lerach-ed."

Today's edition of The Washington Post contains a front page article headlined "Guilty Plea to End Crusading Lawyer's Lucrative Run."

USA Today reports that "'King of class actions' pleads guilty in payments case; Lerach says he 'crossed a line and pushed too far.'"

The New York Times contains an article headlined "Another Notch for U.S. Prosecutors."

And in The New York Sun, Josh Gerstein reports that "Fortunes Darken for Lawyer Melvyn Weiss."
Posted at 08:09 AM by Howard Bashman



"In Dispute Over Cross, Court Sides With Jewish Veterans": Today in The New York Sun, Josh Gerstein has an article that begins, "Three members of Congress who led efforts to transfer a large outdoor cross in San Diego to the federal government must turn over some of their official records on the subject to a Jewish war veterans group challenging the Mt. Soledad memorial as an unconstitutional endorsement of religion, a federal judge ruled."

You can access yesterday's opinion of the U.S. District Court for the District of Columbia at this link, while the accompanying order is here.
Posted at 07:57 AM by Howard Bashman



Tuesday, September 18, 2007

"Top Litigator Faces Potential Prison Term": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:05 PM by Howard Bashman


"Furor Ends in Deanship for Liberal Scholar": Adam Liptak has this article today in The New York Times.

The Los Angeles Times today reports that "UC Irvine rehires Chemerinsky as dean; The school's chancellor flies east to re-recruit the legal scholar, whom he had earlier fired."

The Orange County Register reports that "UCI rehires law dean; Campus officials pledge academic freedom at new law school in wake of what some have called 'Chemerinskygate.'"

The Daily Pilot of Costa Mesa, California contains an article headlined "Decision overturned on appeal: UCI Chancellor has been vague on why he changed his mind in re-hiring Chemerinsky as the first dean of UCI’s new law school."

The News & Observer of Raleigh, North Carolina reports that "Professor will be dean after all; UC-Irvine, Duke scholar reconcile."

And The Duke Chronicle reports that "Law prof back in at UC-Irvine; Chemerinsky accepts once-rescinded offer."
Posted at 10:34 PM by Howard Bashman



"CNN's Jeffrey Toobin on the Conservative Court": This interview with Jeffrey Toobin appears today at Time magazine's web site.
Posted at 10:14 PM by Howard Bashman


"Did CIA kidnap vacationer? It's a state secret; At issue is whether the White House has the power to keep an alleged victim from seeking redress in US courts." Wednesday in The Christian Science Monitor, Warren Richey will have an article that begins, "In December 2003, German citizen Khaled el-Masri boarded a bus in Germany for a holiday in Skopje, Macedonia."
Posted at 10:12 PM by Howard Bashman


"The Seven-Year Itch: Mukasey is the Right Attorney General--Seven Years Too Late." Benjamin Wittes has this essay online today at The New Republic.

And National Review Online has an editorial entitled "Judging Mukasey."
Posted at 08:10 PM by Howard Bashman



"Liberal Originalism: The Only Way Liberals Can Compete in Constitutional Interpretation." Law Professors Robert Post and Reva Siegel have this essay online at The New Republic.
Posted at 08:04 PM by Howard Bashman


"ABC interviews Thomas": At his "LawBeat" blog, Mark Obbie has this post noting that ABC News correspondent Jan Crawford Greenburg spent today interviewing Justice Clarence Thomas for an interview that will air on October 1, 2007, the same day that Justice Thomas's new book -- "My Grandfather's Son: A Memoir" -- goes on sale.
Posted at 07:18 PM by Howard Bashman


"Supreme Makeover: Inventing a New Model of Judicial Openness on the High Court?" This event is scheduled to get underway at 4 p.m. eastern time today at the Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University. The event will feature an address by Dahlia Lithwick and a panel discussion with Ben Wittes and Tony Mauro. Mark Obbie, author of the "LawBeat" blog, will serve as moderator. Once the event gets underway, you should be able to access a live webcast by clicking here (Windows Media Player required).

And tomorrow at 2 p.m. eastern time, Chief Justice John G. Roberts, Jr. will be at Syracuse University to deliver the keynote address at the dedication of Newhouse III.
Posted at 03:20 PM by Howard Bashman



"AG Nominee Begins Hill Visits": The Associated Press provides this report.
Posted at 02:58 PM by Howard Bashman


U.S. Court of Appeals for the Third Circuit upholds Delaware federal district court's rejection of Tracinda Corp.'s "merger of equals" securities fraud claim against DaimlerChrysler: You can access today's Third Circuit ruling at this link. Although that ruling against the plaintiff was unanimous, the panel divided 2-1 in affirming the district court's imposition of a half-million-dollar sanction against defendants for discovery violations.
Posted at 02:04 PM by Howard Bashman


"Transcripts of Federal Court Proceedings Nationwide To Be Available Online": The Administrative Office of the U.S. Courts today issued a news release that begins, "The Judicial Conference of the United States today voted to make transcripts of federal district and bankruptcy court proceedings available online through the Judiciary's Public Access to Court Electronic Records (PACER) system."
Posted at 02:00 PM by Howard Bashman


"'Ask the Author' with Jeffrey Toobin: Part 1." This post appears today at "SCOTUSblog."
Posted at 12:11 PM by Howard Bashman


"Court upholds Md. gay marriage law; Md. high court rules state's traditional marriage statute does not violate constitutional rights": The Baltimore Sun provides this news update.

And The Associated Press reports that "Court Upholds Md. Gay Marriage Ban."

You can access today's ruling of the Court of Appeals of Maryland -- that State's highest court -- at this link. Additional background material in the case is available here.
Posted at 12:05 PM by Howard Bashman



"Justice for Detainees: Congress can right a wrong in the war on terrorism." This editorial appears today in The Washington Post.
Posted at 08:27 AM by Howard Bashman


"Microsoft Loss In Europe Raises American Fears": The Wall Street Journal today contains a front page article that begins, "Microsoft Corp.'s stinging defeat in a European courtroom rewrites the rules for competition in Europe, promising tighter scrutiny for dominant companies including several American giants." The newspaper also contains an article headlined "Microsoft Ruling Lifts Stakes For Big Tech Firms" and an editorial entitled "Microsoft's Waterloo."

The New York Times reports today that "Microsoft Ruling May Bode Ill for Other Companies."

The Washington Post reports that "E.U. Court Rejects Microsoft's Appeal; Judges Uphold $690 Million Fine, Requirement to Share Software Information."

The Los Angeles Times reports that "Other U.S. firms may feel Microsoft's pain; Europe's second-highest court rules Microsoft abused its dominance in computer operating systems."

The Seattle Times reports that "Europe not done with Microsoft."

The Seattle Post-Intelligencer reports that "Microsoft must 'change its illegal behavior'; EU antitrust ruling could affect other large companies." And columnist Bill Virgin has an essay entitled "Microsoft antitrust case a fact of global trade."

And USA Today reports that "Microsoft's loss boosts antitrust enforcers."

My initial coverage of yesterday's ruling of the European Court of First Instance appears at this link.
Posted at 08:23 AM by Howard Bashman



"Securities Lawyer Lerach Is Set to Plead Guilty": This article appears today in The Wall Street Journal.

The New York Times reports today that "Guilty Plea Is Expected in Kickbacks at Law Firm."

The Washington Post reports that "Plaintiff Lawyer to Plead Guilty To Conspiracy."

The Los Angeles Times reports that "Top class-action lawyer may plead guilty in kickbacks; William Lerach won billions of dollars in judgments in securities cases against major corporations."

In The New York Sun, Josh Gerstein reports that "Prominent Lawyer Set To Offer Guilty Plea in Federal Investigation."

And Bloomberg News reports that "Lerach to Be Second Milberg Lawyer to Plead Guilty, People Say."
Posted at 08:05 AM by Howard Bashman



"Oregon Legal Battle Ignites Debate on Circumcision": This article appears today in The New York Sun.

The Oregonian last week posted online a news update headlined "Jewish groups join circumcision fight."

And the Union of Orthodox Jewish Congregations of America yesterday issued a press release entitled "OU Joins With Other National Jewish Organizations in Circumcision Court Case." You can view the amicus brief by clicking here.
Posted at 07:50 AM by Howard Bashman



"Caterpillar Escapes Liability For Israeli Bulldozer Operations": Josh Gerstein has this article today in The New York Sun.

Reuters reports that "Court dismisses suit over Israeli bulldozing."

And The Associated Press reports that "9th Circuit refuses to reinstate lawsuit by Corrie family."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 07:44 AM by Howard Bashman



"'The Nine' by Jeffrey Toobin: An opinion-based look at the justices of the U.S. Supreme Court." Pulitzer Prize-winning historian David J. Garrow has this book review today in The Los Angeles Times.

Today in USA Today, Richard Willing has a book review headlined "'The Nine' does justice to Supreme Court history."

In The San Francisco Chronicle, Michael O'Donnell has a book review headlined "'The Nine' offers riveting insider reading on Supreme Court."

And The Concord (N.H.) Monitor contains an article headlined "New book details Souter's sorrow; Author says justice took Bush v. Gore hard."
Posted at 06:42 AM by Howard Bashman



Monday, September 17, 2007

Available online from law.com: Justin Scheck reports that "Lerach to Plead Guilty, Serve 1 to 2 Years; Controversial plaintiffs attorney cuts deal to accept some guilt, and prison term, in long-running Milberg Weiss kickback probe."

An article reports that "Denial of Funds to Yale Law School Upheld Over Military Recruiter Ban." My earlier coverage of today's Second Circuit ruling appears at this link.

In other news, "Chemerinsky's Back In as UC Irvine Law Dean; Nearly 60 UCLA faculty criticized chancellor's decision and asked him to reinstate Duke Law professor as founding law dean."

And Marcia Coyle has articles headlined "Securities Case Before Supreme Court Has Law Firms on Edge; Can firms be sued for fraud, along with chief actor?" and "Federal Prosecutors Want to Shutter Public Access to Plea Agreements."
Posted at 11:10 PM by Howard Bashman



"Mukasey could shape future terrorism trials; The former federal judge, nominated to be the next attorney general, has expressed support for a separate national security court to prosecute detainees": David G. Savage will have this article Tuesday in The Los Angeles Times.

The New York Times on Tuesday will contain articles headlined "Democrats Tie Confirmation to Inquiries" and "Washington Outsider With Many Sides."

And The Washington Post on Tuesday will contain articles headlined "With Justice Pick, Bush Steers Clear of a Fight" and "Giuliani-Mukasey Bond Goes Back to the 1970s."
Posted at 11:04 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Lawyers Give AG Nominee Strong Marks"; "Weighing the Mukasey Nomination" (featuring Law Professors Jonathan Turley and Douglas Kmiec); "Mukasey Nomination Finds Friends on Hill"; and "White House Took Care in Vetting Mukasey" (featuring Nina Totenberg).

RealPlayer is required to launch these audio segments.
Posted at 10:54 PM by Howard Bashman



"Independence Daze: The litmus tests for Michael Mukasey's conservative critics." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:54 PM by Howard Bashman


"Should teachers be allowed to pack a gun? The case of an Oregon teacher fighting for the right to take a gun to school for protection from her ex-husband." Tuesday's edition of The Christian Science Monitor will contain this article.
Posted at 08:45 PM by Howard Bashman


"For A.G., an old hand at terror war; Michael Mukasey, Bush's pick for attorney general, was a tough, conservative judge-- with liberal admirers": This article will appear Tuesday in The Christian Science Monitor.

McClatchy Newspapers report that "Bush's pick for attorney general garners widespread support."

And Legal Times reports that "Bush Reaches Outside Washington for Attorney General; Former federal judge Mukasey noted for his experience with terrorism cases and lack of ties to administration."
Posted at 08:40 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Bush taps Ex-Judge to Head Justice Department" (featuring Emily Bazelon); "Ex-U.S. Attorney Offers Insights on Mukasey"; "Restoring Detainees' Habeas Corpus Rights" (featuring Dahlia Lithwick); and "Microsoft Loses Court Fight."

RealPlayer is required to launch these audio segments.
Posted at 04:50 PM by Howard Bashman



"Pres. Bush Nominates Michael B. Mukasey as U.S. Attorney General": C-SPAN has posted online this video (RealPlayer required) of this morning's announcement.
Posted at 04:42 PM by Howard Bashman


"Measuring Mukasey: He's no pushover, but will Bush's pick for AG rein in the administration on executive power?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 04:38 PM by Howard Bashman


Turning "statues" to "statutes": See, federal appellate judges are only human.
Posted at 03:25 PM by Howard Bashman


"Chemerinsky is back as UC Irvine dean": Just when you thought that this story couldn't get any weirder, The Los Angeles Times provides this news update.

The Orange County Register provides a news update headlined "UCI rehires law dean; Statement says chancellor, Erwin Chemerinsky pledge to adhere to 'principle of academic freedom' in founding law school."

And the University of California, Irvine has issued this joint statement.
Posted at 02:35 PM by Howard Bashman



"Nine days into [a federal criminal] trial, however, the proceedings took an unexpected and unsettling turn when a juror complained to the district judge that the word 'GUILTY' had mysteriously appeared written in the notebook she had been using during the trial." I guess you would call that foreshadowing, as the defendant ultimately was found guilty by a jury which included that juror. Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a ruling that grants the defendant a new trial.
Posted at 02:15 PM by Howard Bashman


"It is not the role of the courts to indirectly indict Israel for violating international law with military equipment the United States government provided and continues to provide." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a decision issued today.

According to today's ruling, the plaintiffs sued Caterpillar, Inc. in federal court in Seattle after their family members were killed or injured when the Israeli Defense Forces demolished homes in the Palestinian Territories using bulldozers manufactured by Caterpillar.
Posted at 02:08 PM by Howard Bashman



"Mukasey Has Long Terror Resume": The Associated Press provides a report that begins, "Retired judge Michael Mukasey is intimately familiar with the nation's legal battles over terrorism. He played a central role in such cases for over a decade - much of that time getting around-the-clock protection from armed guards."
Posted at 02:00 PM by Howard Bashman


In today's mail: Pulitzer Prize-winning journalist Charlie Savage's new book, "Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy."
Posted at 12:20 PM by Howard Bashman


"Mukasey May Draw Scrutiny For Role in Secret Detentions": Josh Gerstein has this article today in The New York Sun.
Posted at 11:00 AM by Howard Bashman


"Bush Picks Mukasey As Attorney General": The AP provides this updated report.

Update: The AP has now posted online this transcript of this morning's nomination announcement.
Posted at 10:45 AM by Howard Bashman



"Major Terror-Financing Trial Wrapping Up": The Associated Press provides a report that begins, "The Holy Land Foundation for Relief and Development was once the largest Muslim charity in the United States, but federal prosecutors argue that underneath its surface lay an ominous goal: financing international terrorism."
Posted at 10:41 AM by Howard Bashman


Second Circuit orders entry of judgment in favor of Secretary of Defense in lawsuit brought by faculty members at Yale Law School alleging that the Solomon Amendment violated plaintiffs' First Amendment rights: You can access today's ruling in Burt v. Gates at this link.
Posted at 10:37 AM by Howard Bashman


"Ex-detainees base lawsuit on religion; 1993 law being used in Gitmo abuse case": James Oliphant had this article Sunday in The Chicago Tribune.
Posted at 09:44 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Retired N.Y. Judge Touted as Next Attorney General"; "New DOJ Head Must Ease Through Confirmation" (featuring Cokie Roberts); and "Pakistan High Court Weighs Musharraf Re-election Bid."

RealPlayer is required to launch these audio segments.
Posted at 09:20 AM by Howard Bashman



"Bush To Tap Mukasey for Justice; Schumer Suddenly Turns Guarded": Joseph Goldstein has this article today in The New York Sun. And in related coverage, on July 26, 2006 Goldstein had an article headlined "As Judge Leaves for Law Firm, His Legacy Is Remembered."

And The Los Angeles Times reports today that "Ex-jurist in line to replace Gonzales; Bush is reportedly ready to nominate Michael Mukasey, a retired federal judge, as the next attorney general."
Posted at 07:38 AM by Howard Bashman



"European Court Rejects Microsoft Antitrust Appeal": The New York Times provides a news update that begins, "In a stinging rebuke to the world’s largest software maker, the second-highest European court rejected today a request by Microsoft to overturn a 2004 European Commission antitrust ruling that the company had abused its dominance in computer operating systems."

The Wall Street Journal provides a news update headlined "EU Court Rejects Microsoft Appeal; Decision Has Implications For Further Cases Involving Microsoft and Other Firms."

The Associated Press reports that "EU Court Upholds Microsoft's $613M Fine."

Reuters reports that "Microsoft suffers stunning EU antitrust defeat."

Bloomberg News reports that "Microsoft Loses Appeal Against EU Antitrust Order."

And BBC News reports that "Microsoft loses anti-trust appeal."

You can access today's ruling of the European Court of First Instance at this link.
Posted at 06:44 AM by Howard Bashman



"One Move Puts Future of Law School in Doubt": You can access today's installment of Adam Liptak's "Sidebar" column at this link (TimesSelect temporary pass-through link).
Posted at 06:35 AM by Howard Bashman


Available online at FindLaw: Scott Moss has an essay entitled "The Newly-Founded U.C. Irvine Law School's Firing of New Dean Erwin Chemerinsky: Why It Violates the Constitution, Destroys the School's Reputation, and Jeopardizes Its Accreditation."

And Julie Hilden has an essay entitled "The Attacks on 'Violent' Video Games" and 'Torture Porn' Films: Two Different Strategies to Try to Get Around First Amendment Protections."
Posted at 06:33 AM by Howard Bashman



Sunday, September 16, 2007

"Bush Expected to Name Judge as Gonzales's Successor": Monday's edition of The New York Times will contain an article that begins, "President Bush has decided to nominate Michael B. Mukasey, a former federal judge from New York who has presided over several high-profile terrorism trials, as his next attorney general, and is expected to announce the selection Monday, according to several people familiar with the decision."

And The Washington Post on Monday will contain a front page article headlined "Ex-Judge Is Said to Be Pick At Justice; Democrats Likely To Accept Him as Attorney General."
Posted at 11:08 PM by Howard Bashman



"Diverse litigants side with Gitmo captives; With the Supreme Court poised to decide another Guantanamo case, foreign and domestic lawyers, lawmakers, diplomats and others are filing briefs defending the rights of the captives": Carol Rosenberg has this article today in The Miami Herald.
Posted at 11:04 PM by Howard Bashman


"European Verdict on Appeal by Microsoft Expected Monday": This article will appear Monday in The New York Times.
Posted at 11:00 PM by Howard Bashman


"Bush Picks Mukasey As Attorney General": The Associated Press provides this report. The official announcement is expected tomorrow.

The New York Times provides a news update headlined "Bush Expected to Name Judge as Gonzales's Successor."

And The Washington Post provides a news update headlined "Bush Settles on Mukasey to Replace Gonzales; Appointment of Retired Federal Judge Could Come on Monday."
Posted at 07:59 PM by Howard Bashman



"Makah judges talk tough on whalers": The Seattle Times today contains an article that begins, "No matter what the federal government decides to do with them, the five Makah tribal whalers who illegally killed a gray whale last weekend will still have to face Jean and Emma. That's Jean Vitalis, chief judge of the Makah tribal court, and Emma Doulik, the associate judge. They're lifelong residents of Neah Bay and longtime leaders among the Makah. And they'll be the first to tell you this truth: Reservation justice is not blind."
Posted at 03:40 PM by Howard Bashman


"Drake decision prompts outcry; Reached at home Saturday, Chemerinsky says he's willing to talk to UCI's chancellor any time about the deanship": This article appears today in The Orange County Register.

The Los Angeles Times reports today that "Law school deans differ on advocacy roles; Some believe they must curb their activism in the interest of their institution; others say they retain their right to speak freely."

The Daily Pilot of Costa Mesa, California contains an editorial entitled "Chancellor owes the public answers."

And The Press-Telegram of Long Beach, California contains an editorial entitled "Withdrawing job offer to legal scholar is an assault on ideas."
Posted at 03:22 PM by Howard Bashman



"'The Nine': Jeffrey Toobin's new book peeks inside the sheltered world of the Supreme Court justices; Are the unpredictable personal dynamics among the justices more important than the agenda they brought with them?" Online at Salon, Law Professor Garrett Epps has this review of Jeffrey Toobin's new book, "The Nine: Inside the Secret World of the Supreme Court."
Posted at 03:08 PM by Howard Bashman


"Bush May Name Former Federal Judge to Succeed Gonzales": The New York Times today contains an article that begins, "A former federal judge from New York has emerged as a contender to succeed Alberto R. Gonzales as attorney general, as the White House moved closer to announcing President Bush's choice to lead the Justice Department, according to associates of several prospective candidates. The former judge, Michael B. Mukasey, has been cited as a candidate since Mr. Gonzales announced his resignation."
Posted at 08:15 AM by Howard Bashman


Saturday, September 15, 2007

"Sources: Retired judge may replace Gonzales." CNN.com provides a report that begins, "A retired federal judge is a leading candidate to replace Attorney General Alberto Gonzales, whose last day on the job was Friday, two sources familiar with the search for a successor told CNN on Saturday. Michael B. Mukasey, 66, was nominated to the bench in 1988 by President Ronald Reagan, and was chief judge until September 2006 for the Southern District of New York -- a high-profile U.S. court district that's one of the nation's busiest."

And The Associated Press provides a report headlined "Scrutiny for Possible AG Nominee" that begins, "Conservatives on Saturday lined up for and against potential attorney general nominee Michael Mukasey, the man they believe has ascended to the top of President Bush's list of replacements for Alberto Gonzales."
Posted at 05:02 PM by Howard Bashman



"Va. High Court Breaks New Ground on Tree Liability": This front page article appears today in The Washington Post.

And The Associated Press reports that "Ruling in tree dispute is voided; Va. Supreme Court reverses precedent, orders new trial."

You can access yesterday's ruling of the Supreme Court of Virginia at this link.
Posted at 03:00 PM by Howard Bashman



"Hearing delay could extend ban on executions; Decision by a federal judge means the court's ban on executions could stretch to two years; He plans to visit the new death chamber": Henry Weinstein has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Judge wants more time to study new injection procedure for inmates."

And in The San Jose Mercury News, Howard Mintz reports that "Executions still on hold; Judge will visit new death chamber, hold more hearings."
Posted at 02:54 PM by Howard Bashman



"Bikers win another chance to argue for their free-speech rights": Bob Egelko has this article today in The San Francisco Chronicle.

And today in The San Jose Mercury News, Howard Mintz reports that "Court agrees to reconsider garlic-festival decision."

My earlier coverage of yesterday's Ninth Circuit order granting rehearing en banc can be accessed here.
Posted at 02:45 PM by Howard Bashman



"Primed for a Voting Rights Act overhaul: A Texas lawsuit seeks to show that '60s-era oversight is no longer needed." Edward Blum has this op-ed today in The Los Angeles Times.
Posted at 02:40 PM by Howard Bashman


"An epic fight for one man's clemency: Phillip Emmert, was serving 27 years for a first-time drug offense; He had no chance of a pardon but his supporters tried anyway." This lengthy article appears today in The Los Angeles Times.
Posted at 02:35 PM by Howard Bashman


"In Turnaround, Industries Seek Regulations": The New York Times on Sunday will contain an article that begins, "After years of favoring the hands-off doctrine of the Bush administration, some of the nation's biggest industries are pushing for something they have long resisted: new federal regulations."
Posted at 01:47 PM by Howard Bashman


"Who's Afraid of Voter ID?" This editorial appears today in The Wall Street Journal.
Posted at 01:40 PM by Howard Bashman


"Bush Administration Aiming To Ease Surveillance Concerns": The Washington Post today contains an article that begins, "The Bush administration, facing withering criticism over its temporary foreign intelligence wiretap law, has launched a campaign to assure Democratic lawmakers that the law will not result in domestic surveillance without a court order, and at the same time it has indicated that it is willing to consider changes."
Posted at 09:07 AM by Howard Bashman


"UCI reportedly working on a deal to rehire Chemerinsky; Days after the legal scholar was rejected as law school dean, talks are in progress; He is noncommittal": This article appears today in The Los Angeles Times.
Posted at 09:05 AM by Howard Bashman


Friday, September 14, 2007

Available online from law.com: Tony Mauro has an article headlined "Is Olson Too Partisan to Run the Justice Department? Former SG has strong legal credentials and a loyal following inside DOJ, but his hyperpolitical past makes Democrats balk."

In other news, "2nd Circuit Gives Narrow Reading to Causes of 'Ineffective Assistance.'" You can access Wednesday's Second Circuit ruling at this link.

Shannon P. Duffy has an article headlined "3rd Circuit: Some ERISA Cases May Need More Scrutiny." You can access yesterday's Third Circuit ruling at this link.

And the brand new installment of my "On Appeal" column is headlined "Federal Judges to Appellate Attorneys: What's Your Point?"
Posted at 11:15 PM by Howard Bashman



"Ruling boosts O'Hare plan to move suburban cemetery": Each of the first two paragraphs of this article published today in The Chicago Tribune contains an obvious error.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 08:45 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": Nina Totenberg had a book review segment entitled "Toobin's 'The Nine' Reveals Politics of High Court."

The broadcast also contained an audio segment entitled "Gonzales Bids Justice Department Farewell."

RealPlayer is required to launch these audio segments.
Posted at 08:32 PM by Howard Bashman



"Reporters get first look inside mysterious Supermax prison": CNN.com provides this report from ADX Florence.

Wednesday's issue of The Canon City (Colo.) Daily Record reported that "Supermax opens doors for rare tour."

And in related coverage, Wednesday's edition of The Pueblo Chieftain reported that "9/11 just another day for convicted terrorist."
Posted at 08:15 PM by Howard Bashman



"Mamma mia, that's-a spicy meat-a-ball!" And a very expensive one too, as noted in this article from CNN.com focusing on a new report from the Inspector General of the Department of Justice titled "Department of Justice Conference Expenditures."
Posted at 06:25 PM by Howard Bashman


"Gonzales Leaves Justice Department": The AP provides this report.
Posted at 05:22 PM by Howard Bashman


"Giuliani Has Conservative Ally in Olson": The Associated Press provides a report that begins, "In his campaign to win over Republican conservatives, presidential hopeful Rudy Giuliani has a persuasive ally in Theodore Olson, a high-profile lawyer often mentioned as a possible replacement for departing Attorney General Alberto Gonzales."
Posted at 02:33 PM by Howard Bashman


"Rosenstein up for federal judge; Background checks done on U.S. attorney for Maryland": The Baltimore Sun today contains an article that begins, "Maryland's top federal prosecutor is in the final stages of the process to fill a vacancy at the U.S. Court of Appeals for the 4th Circuit, according to sources close to the procedure."
Posted at 02:10 PM by Howard Bashman


Ninth Circuit grants rehearing en banc in challenge to Gilroy (Calif.) Garlic Festival's prohibition against the wearing of gang colors or other demonstrative insignia, including motorcycle club insignia: As I observed on April 30, 2007 when the original three-judge panel issued its ruling rejecting that challenge, "The only thing more fearsome than a gang member decked out in demonstrative insignia is a gang member decked out in demonstrative insignia who reeks of garlic."

Today's order granting rehearing en banc can be accessed here, while I collected additional coverage of the three-judge panel's ruling at this link.
Posted at 01:48 PM by Howard Bashman



Pleading a claim of patent infringement under the doctrine of equivalents in the aftermath of Bell Atlantic Corp. v. Twombly: A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this decision today.
Posted at 12:05 PM by Howard Bashman


"Prison Library Purge": Columnist Michael Gerson has this op-ed today in The Washington Post.
Posted at 08:32 AM by Howard Bashman


"Gonzales Ready to Leave the Stage": The Washington Post today contains an article that begins, "After nine months of noisy controversy over his troubled tenure, Attorney General Alberto R. Gonzales is leaving office quietly today with a low-key farewell address to Justice Department employees in Washington."

That newspaper also contains today's installment of Al Kamen's "In the Loop" column, headlined "A Tree in AG Contender's Past Could Needle Democrats."
Posted at 08:28 AM by Howard Bashman



"Brotherly Bonds Fail to Sway Appeals Court": The New York Times today contains an article that begins, "In a decision that somehow managed to bring together karaoke, laser tag, exotic dancers and rabbinical consultations, a federal appeals court ruled yesterday that a lower court had erred in saying the College of Staten Island could not deny official recognition to a Jewish fraternity simply because all of its members were male." The article goes on to report that "Indeed, in its tone and language, the ruling seemed to suggest that it had probably been a while since the circuit judges last watched 'Animal House.' It discussed the inner workings of the Greek system with an oddly clinical approach ('The fraternity selects its members,' one passage reads, 'through a process called "rush"') and betrayed a decided unfamiliarity with rituals that would be well known to almost any alumnus of the Big Ten."

And The New York Daily News today contains an article headlined "Staten Island college can ban 'men-only' frat - court."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 08:04 AM by Howard Bashman



"A Bad Beginning in Irvine": The New York Times today contains an editorial that begins, "A law school would be mighty fortunate to have Erwin Chemerinsky, a distinguished Duke Law School professor, as its dean."

The Washington Post reports today that "Scholars Decry Law School's About-Face on New Dean."

And The Los Angeles Times contains articles headlined "Furor disrupts plans for UCI school of law; The decision to drop Erwin Chemerinsky as dean could delay the 2009 opening" and "UC Irvine chancellor's admirers are 'at a loss'; Praised as thoughtful and ethical, Michael Drake has left colleagues puzzled by his dismissal of Erwin Chemerinsky; 'There has to be more to the story,' one says," along with the text of "A letter to UCI Chancellor Michael V. Drake; Posted on a website for UC Irvine students, faculty and staff, this letter was signed online by 160 people in four hours."

In addition, The Los Angeles Times contains an op-ed by UC Irvine Chancellor Michael V. Drake entitled "Why I let Chemerinsky go: I made a management decision -- not an ideological or political one -- to rescind the job offer." And Law Professor Erwin Chemerinsky has an op-ed entitled "Dumped over an Op-Ed: Ordeal is a lesson in academic freedom."
Posted at 07:52 AM by Howard Bashman



"Borking Mr. Olson: President Reid gives AG orders to the White House." This editorial appears today in The Wall Street Journal.
Posted at 07:48 AM by Howard Bashman


"View from the bench: Roberts seeks to inspire in UM lectures." The Missoulian today contains an article that begins, "Referencing the work of acclaimed Montana writer Norman Maclean on Thursday, Chief Justice of the United States John Roberts Jr. sought to inspire and encourage a future generation of lawyers, comparing the fundamentals of their chosen profession to firefighting."

You can access the audio of the Chief Justice's remarks yesterday at University of Montana School of Law by clicking here.
Posted at 07:35 AM by Howard Bashman



"How An Upcoming Supreme Court Case Illustrates and Continues the Court's Current Interest in 'Jurisdictional' Questions": Vikram David Amar has this essay online today at FindLaw.
Posted at 07:30 AM by Howard Bashman


Thursday, September 13, 2007

Available online from law.com: An article reports that "2nd Circuit Rejects All-Male Fraternity's Bid for Official Recognition." My earlier coverage of today's Second Circuit ruling appears at this link.

And Justin Scheck reports that "9th Circuit Judges Define Moral Turpitude." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 10:54 PM by Howard Bashman



"Inflatable Rat Case Goes to NJ Court": The Associated Press provides a report that begins, "The state Supreme Court has dealt with gay marriage, education funding and abortion rights - and now, it can add 'inflatable rat' to the list."
Posted at 10:48 PM by Howard Bashman


"Tickets to see chief justice sell out in minutes; Students arrive early to grab limited spots for address in Hendricks": This article appears today in The Daily Orange of Syracuse University.

In addition, the newspaper contains an editorial entitled "Robert's speech needed better promotion."
Posted at 10:45 PM by Howard Bashman



"Roberts Compares Lawyers to Firefighters": The Associated Press provides a report that begins, "Chief Justice John Roberts on Thursday compared attorneys to firefighters, telling a law school gathering that both have to jump into tough situations to contain problems. Roberts, who suffered a seizure earlier this summer, looked fit and energetic as he spoke to about 1,000 people at the University of Montana law school event."

Also available online are video coverage of the Chief Justice's remarks and some additional information about the event.
Posted at 10:35 PM by Howard Bashman



"Court sides with Chicago on grave-moving plan; O'Hare expansion foes vow to continue fight": The Chicago Tribune provides this news update.

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 05:42 PM by Howard Bashman



"Webb has pair of fights on his hands; He may block judge pick and will push again for more time off for troops": The Richmond Times-Dispatch today contains an article that begins, "Sen. Jim Webb is taking a stand that could kill President Bush's nomination of Richmond lawyer E. Duncan Getchell Jr. to a federal appeals court."

That newspaper today also contains an op-ed by Law Professor Carl Tobias entitled "Senators' Suggestions Are Ignored."
Posted at 03:35 PM by Howard Bashman



"Executive Power": On today's broadcast of the public radio program "Here & Now," Pulitzer Prize-winning journalist Charlie Savage of The Boston Globe discusses (RealPlayer required) his new book, "Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy."
Posted at 02:14 PM by Howard Bashman


"Desegregation Stamp to Be Issued": The Associated Press provides a report that begins, "A 1946 court ruling that helped pave the way for the nation's school desegregation will be commemorated Friday with a new U.S. postage stamp." You can view an image of the postage stamp and access additional information by clicking here.
Posted at 02:07 PM by Howard Bashman


"Cemetery can be moved for O'hare, court rules": The Daily Herald of Arlington Heights, Illinois provides a news update that begins, "A federal appeals court today dealt a devastating blow to opponents of O'Hare Airport expansion when it ruled a small cemetery near Bensenville could be bulldozed by the city of Chicago."

And ABC7Chicago.com reports that "O'Hare Expansion moves forward; Court rules on last legal hurdle."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 02:00 PM by Howard Bashman



"D.C. resident seeks right to have working rifles, shotguns": At "SCOTUSblog," Lyle Denniston has a post that begins, "A D.C. resident who successfully challenged the city of Washington's strict gun control law asked the D.C. Circuit Court on Wednesday to allow him and other residents to have immediate access to rifles and shotguns -- in functioning condition -- for self-defense. His lawyers argued that the D.C. government, in an appeal to the Supreme Court, had conceded that the ban on such working firearms was unconstitutional, so the lawyers argued it should be blocked by court order."

The court filing that is the subject of Lyle's post can be accessed here.
Posted at 01:52 PM by Howard Bashman



"Pentagon Censors 9/11 Suspect's Tape": The Associated Press provides a report that begins, "The Pentagon has censored an audio tape of the suspected mastermind of the Sept. 11 attacks speaking at a military hearing - cutting out Khalid Sheikh Mohammed's justification for waging jihad against the United States. After months of debate by several federal agencies, the Defense Department released the tape Thursday. Cut from it was 10 minutes of a more than 40-minute closed court session at Guantanamo Bay to determine whether Mohammed should be declared an 'enemy combatant.'"

The audio can be accessed online via this link (scroll down).
Posted at 11:52 AM by Howard Bashman



Second Circuit overturns preliminary injunction prohibiting a state university from enforcing its policy restricting official recognition to student groups that do not discriminate on the basis of gender against a college fraternity that admits only males: Today's ruling recognizes that although a college fraternity may have a First Amendment right of associative freedom to only admit males, that does not require subjecting to strict scrutiny, in order to withstand judicial review, the state university's policy restricting official recognition to student groups that do not discriminate on the basis of gender.
Posted at 11:40 AM by Howard Bashman


Will penile plethysmograph testing still be used in treating sex offenders in 2021? Uncertainty over the answer to that question today led the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit to reject as unripe a recently-convicted federal criminal defendant's challenge to that aspect of his supervised release conditions. The sentence of imprisonment that the defendant received means that the earliest he could be subjected to such testing is in the year 2021.
Posted at 11:25 AM by Howard Bashman


"Court: MDs need not say 'abortions kill'; Jersey decision on doctors' advice could have ripples throughout U.S." Kate Coscarelli has this article today in The Newark Star-Ledger.

And The New York Times reports today that "New Jersey's Top Court Rejects Suit on Abortion."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 09:23 AM by Howard Bashman



"UC Irvine aborts hiring Chemerinsky as law school dean; The constitutional scholar says university officials told him the deal was off to head the new school because he was too 'politically controversial'": Garrett Therolf and Henry Weinstein have this article today in The Los Angeles Times.

The newspaper also contains an editorial entitled "UC Irvine's cowardice: Rescinding Erwin Chemerinsky's job offer as the school's founding law dean was an act of self-destructiveness." Law Professor Douglas W. Kmiec has an op-ed entitled "In Chemerinsky's defense: No matter what your politics, UC Irvine's treatment of the legal scholar was wrong." And columnist Dana Parsons has an op-ed entitled "Excuse for UCI's fumble on law school dean not good enough."

law.com reports that "Calif. Law School Dumps Chemerinsky as Founding Dean; In wake of $20M gift from prominent Republican, officials decide scholar's politics are incompatible with offered job."

Meanwhile, in coverage from North Carolina, The Raleigh News & Observer today contains an article headlined "Prof too divisive for deanship? UC-Irvine withdraws its offer to Duke's Chemerinsky."

And The Duke Chronicle reports that "Chemerinsky loses offer at UC-Irvine; Deanship rescinded due to political views."
Posted at 09:17 AM by Howard Bashman



"California Supreme Court lets stand free-speech ruling for student": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The state Supreme Court rejected the Novato school district's challenge Wednesday to a ruling that upheld a high school journalist's right to write an anti-immigrant editorial and affirmed California's strong legal protections for students' free speech."
Posted at 09:10 AM by Howard Bashman


"U.S. Court Backs States' Measures to Cut Emissions": The New York Times today contains an article that begins, "A federal judge in Vermont gave the first legal endorsement yesterday to rules in California, being copied in 13 other states, that intend to reduce greenhouse gases emitted by automobiles and light trucks."

The Washington Post reports today that "Carmakers Defeated On Emissions Rules; States Can Set Standards, Judge Says."

The Los Angeles Times reports that "States gain sway on emissions curbs; A federal judge in a suit by automakers against Vermont bolsters California's effort to limit pollutants."

The Wall Street Journal reports that "Court Roils Auto-Rules Debate; Vermont Wins Right To Limit Emissions; Nationwide Ripples."

In The San Francisco Chronicle, Bob Egelko reports that "Federal judge gives boost to states on limiting vehicle emissions."

USA Today reports that "Judge says states can regulate emissions."

And The Rutland Herald reports that "'Green' car decision puts Vt. in spotlight."

My earlier coverage of yesterday's ruling of the U.S. District Court for the District of Vermont appears at this link.
Posted at 09:04 AM by Howard Bashman



"Four State Judges Sue Over Lack of Pay Raises": This article appears today in The New York Times.

And law.com reports that "N.Y. Judges' Suit Seeks 26 Percent Raise, Retroactive Pay."
Posted at 08:54 AM by Howard Bashman



"White House May Name Rosenstein To Appeals Court": The Washington Post today contains an article that begins, "U.S. Attorney Rod J. Rosenstein, Maryland's top federal prosecutor, is in the late stages of being vetted as a possible nominee to fill a long-standing vacancy on a federal appeals court in Richmond, law enforcement sources and people who have been questioned as part of the process said."
Posted at 08:48 AM by Howard Bashman


"Battle Over Calorie-Posting May Widen": The New York Times today contains an article that begins, "The restaurant industry seemed buoyed when a federal judge this week struck down a city health regulation that would have required nearly 2,400 New York City restaurants to post calorie information on their menus. But the ruling may backfire on the industry, leading to a broader range of restaurants' being bound by a nearly identical menu-labeling requirement."
Posted at 08:40 AM by Howard Bashman


Tenth Circuit delivers Hummer bummer: In a ruling posted online late yesterday, the U.S. Court of Appeals for the Tenth Circuit affirmed a federal district court's denial of a preliminary injunction that General Motors Corporation had sought against Urban Gorilla, LLC in a lawsuit alleging that Urban Gorilla's "body kits" infringe upon and dilute GM's trade dress rights in its Hummer line of vehicles.
Posted at 08:13 AM by Howard Bashman


"A Model of a Modern Attorney General: The limitations of legal judgment in the war on terror." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:04 AM by Howard Bashman


"Key Democrats Vow to Block Bush Nominee": The Associated Press provides a report that begins, "Senate Democrats will block Ted Olson from succeeding Alberto Gonzales as attorney general if President Bush nominates him, Majority Leader Harry Reid said Wednesday."

The Washington Post reports today that "Reid Says Senators Would Block Olson; Choice for Attorney General Awaited."

The New York Times reports that "Bush Is Warned on a Gonzales Successor." The newspaper also contains an editorial entitled "The Next Attorney General."

And in The Daily Journal of California, Lawrence Hurley has an article headlined "Can Professional Olson Pave the AG Way For Political Olson?"
Posted at 06:42 AM by Howard Bashman



Wednesday, September 12, 2007

"Jury Can Hear Part of Flight 93 Tape": The AP provides this report.
Posted at 04:20 PM by Howard Bashman


"Senate Republicans Wary of Olson Choice": The Associated Press provides a report that begins, "Senate Republicans warned the White House Wednesday that it's not a good time for a fight with Democrats over a new attorney general and predicted there would be one of President Bush nominates former Solicitor General Ted Olson."
Posted at 03:12 PM by Howard Bashman


"Inside the 'Terror Presidency'": Today's broadcast of the public radio program "On Point" included this segment (available online in both RealPlayer and Windows Media Player formats) featuring Jack Goldsmith and Benjamin Wittes.
Posted at 03:05 PM by Howard Bashman


"Judge Rejects Carmakers' Emission Suit": The Associated Press provides a report that begins, "A federal judge on Wednesday ruled that states can regulate greenhouse gas emissions from vehicles, rejecting automakers' claims that the state rules are pre-empted by federal law and that technology can't be developed to meet them."

You can access today's ruling of the U.S. District Court for the District of Vermont at this link.
Posted at 02:51 PM by Howard Bashman



"Child Beheading Conviction Overturned": The Associated Press provides a report that begins, "A man condemned for killing and beheading his common-law wife's three children had his conviction overturned Wednesday by a divided Texas Court of Criminal Appeals. In a 5-4 ruling, the state's highest criminal appeals court said John Allen Rubio's conviction and death sentence four years ago were improper because statements from his common-law wife, Angela Camacho, erroneously were allowed into evidence."

Today's ruling of the Texas Court of Criminal Appeals -- that State's highest court in criminal cases -- consists of a majority opinion and a dissenting opinion. A fourth judge on the court appears to have dissented without opinion.
Posted at 02:25 PM by Howard Bashman



"Docs not required to say abortion is killing, top NJ court rules": Kate Coscarelli of The Newark Star-Ledger provides this news update.

And The Associated Press reports that "NJ Court Scraps Trial on Abortion Data."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 02:15 PM by Howard Bashman



Two wrongs may not make a right, but do two crimes not involving moral turpitude when committed separately become morally turpitudinous when committed together? A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued this ruling addressing a question of immigration law.
Posted at 02:04 PM by Howard Bashman


"New UC Irvine Law School Hires Chemerinsky as Dean, Then Fires Him for Political Reasons": This post appears today at "Brian Leiter's Law School Reports" (via WSJ.com's "Law Blog").
Posted at 01:50 PM by Howard Bashman


"Attorneys Ask Court to Declare Death Penalty 'Cruel and Unusual' Punishment for Child Rapist; Louisiana Man Is Only Inmate on Death Row for a Nonhomicide Offense": ABCNews.com provides this report.
Posted at 11:47 AM by Howard Bashman


"Justice Thomas to go on 60 Minutes": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Legal Times has confirmed that Supreme Court Justice Clarence Thomas has agreed to be interviewed by the CBS News show 60 Minutes later this month to kick off promotion of his new autobiography, set for publication October 1."

That's right, Justice Clarence Thomas's new book, "My Grandfather's Son: A Memoir," will go on sale on the first Monday in October, 2007. It should be a fascinating read. Some additional details about the book are available at this link.
Posted at 10:45 AM by Howard Bashman



"The Newer Textualism: Justice Alito's Statutory Interpretation." Elliott M. Davis has this note in the Summer 2007 issue of the Harvard Journal of Law & Public Policy.
Posted at 10:27 AM by Howard Bashman


"Momentary Indecision": At her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has this post providing additional insight into the White House's decision-making process in selecting a new Attorney General.
Posted at 10:22 AM by Howard Bashman


"Judge Throws Out New York Rule Requiring Restaurants to Post Calories": This article appears today in The New York Times.

Today in The New York Sun, Joseph Goldstein reports that "Court Rebuffs Mayor's Plan on Fast Food."

And The New York Daily News reports that "Judge strikes down rule forcing restaurants to post calories."
Posted at 08:54 AM by Howard Bashman



"Extension of Microsoft Antitrust Pact Requested": The Washington Post today contains an article that begins, "In an eleventh-hour request, a group of six states and the District yesterday asked a judge to extend the terms of Microsoft's antitrust settlement through 2012. Most of those provisions are scheduled to expire in November."
Posted at 08:48 AM by Howard Bashman


"The next attorney general should unite, not divide; Whomever takes over the Justice Department must end political abuses": U.S. Senator Patrick J. Leahy (D-VT), chairman of the Senate Judiciary Committee, has this op-ed today in The Los Angeles Times.
Posted at 08:45 AM by Howard Bashman


"Intelligence Chiefs Back A Guantanamo Reversal": The Washington Post today contains an article that begins, "The Bush administration's top intelligence officials have all filed declarations to a federal appeals court -- including two classified top-secret -- warning that its recent ruling ordering the release of information about detainees at Guantanamo Bay, Cuba, will cause grave harm to national security."
Posted at 08:33 AM by Howard Bashman


"CBS Appeals Punishment for Super Bowl Incident": The New York Times contains this article today.
Posted at 08:25 AM by Howard Bashman


"Slots parlors and pay raises: Cappy's legacy on high court; The chief justice's exit will mean another new face on a panel facing significant change." This article appears today in The Philadelphia Inquirer, along with an article headlined "Chief justice seat awaits Castille; Ralph J. Cappy's plan to retire sets the stage for the scrappy former D.A."

The Pittsburgh Post-Gazette today contains an article headlined "Pa. Chief Justice Cappy, 64, to retire early at end of year; 'I believe it is time to go.'"

The Pittsburgh Tribune-Review contains an article headlined "State chief justice leaving shaky legacy" and an editorial entitled "The Cappy retirement."

And in The Philadelphia Daily News, columnist John Baer has an op-ed entitled "There goes da judge, but why?"
Posted at 08:15 AM by Howard Bashman



"Federal Appeals Court Struggles With Al-Arian Case": Josh Gerstein has this article today in The New York Sun.

And The Florida Times-Union of Jacksonville today contains an article headlined "Virginia terrorism case has hearing in Jacksonville; Can the man be kept in jail for refusing to testify to a grand jury?"
Posted at 07:55 AM by Howard Bashman



"Why Bush Is Eyeing Theodore Olson": The New York Sun today contains an article that begins, "If the buzz around Washington is correct, and Theodore Olson is nominated to be the new attorney general, Democrats may rue that they do not have Alberto Gonzales to kick around anymore. The appointment of Mr. Olson would send a clear signal to Congress that President Bush is not about to go soft during his last 15 months in office. He may have lost a loyal Texan friend in Mr. Gonzales, but the return of Mr. Olson to government would show that the president is determined to maintain his ideological equilibrium."

And The Wall Street Journal reports today that "Attorney General Nominee May Face Fight in Congress."
Posted at 07:52 AM by Howard Bashman



"A Federal District Judge Holds the Amended Patriot Act Unconstitutional": Michael C. Dorf has this essay online today at FindLaw.

And The Washington Post today contains an editorial entitled "Patriot Act Balancing Act: A ruling on gag orders in terrorism investigations falls short."
Posted at 07:47 AM by Howard Bashman



Tuesday, September 11, 2007

Available online from law.com: Shannon P. Duffy reports that "3rd Circuit Judges Grill DOJ Attorney in CBS 'Wardrobe Malfunction' Case; Government lawyer argues that Jackson and Timberlake were legally CBS employees during controversial Super Bowl show."

Marcia Coyle reports that "Exxon Valdez Case Brings $2.5B Damages Fight to Supreme Court; Almost 20 years after the Alaskan oil spill, the case isn't over yet."

And in other news, "Pa. Supreme Court Chief Justice to Step Down From Bench."
Posted at 11:57 PM by Howard Bashman



"Officials Cite Danger in Revealing Detainee Data": The New York Times on Wednesday will contain an article that begins, "The nation's top intelligence officials have told a federal appeals court in recent days that a July ruling requiring the government to disclose virtually all its information on Guantanamo detainees could cause 'exceptionally grave damage to the national security.'"
Posted at 11:55 PM by Howard Bashman


"Bush Is Nearing a Choice to Lead the Justice Dept." The New York Times on Wednesday will contain an article that begins, "The White House is closing in on a nominee to replace Attorney General Alberto R. Gonzales, with former Solicitor General Theodore B. Olson considered one of the leading candidates, administration and Congressional officials said Tuesday."
Posted at 11:53 PM by Howard Bashman


"Bush Nearing Attorney General Pick": The Associated Press provides this report.
Posted at 05:50 PM by Howard Bashman


"Death penalty for child rape challenged": At "SCOTUSblog," Lyle Denniston has this post about a petition for writ of certiorari filed today.

My earlier coverage of the May 2007 ruling of the Supreme Court of Louisiana appears here and here.
Posted at 04:25 PM by Howard Bashman



"Sept. 11 Changed the Law, Way We Talk About It": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:10 PM by Howard Bashman


"Court: Release or Retry Death Row Inmate." The AP provides a report that begins, "A death row inmate convicted of setting a fire that killed five children must be released or retried because his constitutional rights were violated when his confession was used at trial, a federal appeals court panel ruled Tuesday."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 02:37 PM by Howard Bashman



"States Seek Extra Oversight of Microsoft": The Associated Press provides a report that begins, "A group of states led by California asked a federal judge Tuesday to extend court oversight of Microsoft Corp.'s business practices for five more years. The request comes as the antitrust settlement reached in 2002 between Microsoft, the federal government and 17 states is scheduled to expire Nov. 12. Microsoft has been under the supervision of the U.S. District Court for the District of Columbia for the past five years and has had to report regularly on its compliance with the settlement."
Posted at 01:54 PM by Howard Bashman


In today's mail: A copy of "The Nine: Inside the Secret World of the Supreme Court," by Jeffrey Toobin.

Amazon.com still shows September 18, 2007 as the book's official release date, so I thank Doubleday Books for sending a copy of the book so early.
Posted at 12:55 PM by Howard Bashman



"Overturn Super Bowl 'wardrobe malfunction' fine, CBS tells court here": The Philadelphia Inquirer provides this news update.

And The Associated Press reports that "Court Hears Jackson Costume Malfunction."
Posted at 11:50 AM by Howard Bashman



When confessing crimes to God, don't cut-out the middleman: Does Michigan violate the First Amendment by denying the clergy-penitent evidentiary privilege to a criminal defendant who confessed to committing her crimes in journal entries written directly to God? The U.S. Court of Appeals for the Sixth Circuit addressed that question in an opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel.
Posted at 11:20 AM by Howard Bashman


"Cappy to leave high court": The Philadelphia Inquirer provides a news update that begins, "Pennsylvania Supreme Court Chief Justice Ralph J. Cappy is stepping down from the state's highest court at the end of the year and will be replaced as chief by Justice Ronald D. Castille, the former district attorney of Philadelphia."
Posted at 10:45 AM by Howard Bashman


"Patriot Act is fair, U.S. argues; Attorneys for Brandon Mayfield say the threat of terrorism shouldn't threaten individual rights": This article appears today in The Oregonian.

And The Associated Press reports that "Ore. Lawyer in Court Over Patriot Act."
Posted at 10:30 AM by Howard Bashman



"James Brown Case Sparks Ill. Law Change": The Associated Press provides a report that begins, "A failed lawsuit accusing James Brown of rape has led lawmakers to change a portion of Illinois rape laws. The law, which was signed Monday and takes effect Jan. 1, suspends the statute of limitations when the victim has been intimidated or manipulated into staying quiet."
Posted at 10:18 AM by Howard Bashman


"The White House could announce as early as Wednesday its nominee to replace Attorney General Alberto Gonzales, and former U.S. Solicitor General Theodore Olson has emerged as a leading candidate": So writes ABC News correspondent Jan Crawford Greenburg in a post that appeared yesterday evening at her blog, "Legalities." According to Jan's post, "Olson is considered the stronger and more experienced candidate, but concerns that his confirmation hearing could turn into a partisan brawl have not gone away, sources said."
Posted at 08:42 AM by Howard Bashman


"The Supreme Court Phalanx": In the September 27, 2007 issue of The New York Review of Books, legal philosopher Ronald Dworkin has a lengthy essay that begins, "The revolution that many commentators predicted when President Bush appointed two ultra-right-wing Supreme Court justices is proceeding with breathtaking impatience, and it is a revolution Jacobin in its disdain for tradition and precedent."
Posted at 08:40 AM by Howard Bashman


"Appeals court upholds death sentence; A juror's reciting Bible verses did not taint the verdict for Stevie Lamar Fields, a panel rules": Henry Weinstein has this article today in The Los Angeles Times.

Today in The New York Times, Adam Liptak reports that "Jury Consulted the Bible, but Death Sentence Stands."

And in The San Francisco Chronicle, Bob Egelko reports that "Court restores death penalty for 30-year-old killing of USC student."

My earlier coverage of yesterday's en banc Ninth Circuit ruling appears at this link.
Posted at 08:30 AM by Howard Bashman



"More reasons to shield journalists: A ruling ordering reporters to name their confidential informant illustrates the need for a shield law." This editorial appears today in The Los Angeles Times.
Posted at 08:25 AM by Howard Bashman


"Former Law Adviser Speaks Out On Bush": Today in The New York Times, Michiko Kakutani has this review of Jack Goldsmith's new book, "The Terror Presidency: Law and Judgment Inside the Bush Administration."
Posted at 08:15 AM by Howard Bashman


"Democrats See Politics in a Governor's Jailing": The New York Times today contains an article that begins, "House leaders are beginning an investigation this week of the prosecution of Don Siegelman, the former Democratic governor of Alabama who was imprisoned in June on federal corruption charges. The case could become the centerpiece of a Democratic effort to show that the Justice Department engaged in political prosecutions."

And in yesterday's newspaper, Adam Cohen had a related Editorial Observer essay entitled "The Strange Case of an Imprisoned Alabama Governor."
Posted at 08:08 AM by Howard Bashman



"Appeals Court Likely Split on Death Penalty Law": Today in The New York Sun, Joseph Goldstein has an article that begins, "The state's highest court, which struck down New York's death penalty statute three years ago, is now considering whether to reinstate capital punishment. An appeal by the last inmate on New York's death row, John Taylor, reached the seven judges of Albany's Court of Appeals yesterday. Over five hours of oral arguments, it became clear that the three years since the court struck down the state's death penalty provision have not erased divisions within the court over whether it ruled correctly in 2004."
Posted at 08:05 AM by Howard Bashman


"'Wardrobe malfunction' goes to court": Reuters provides this report.

According to this notice, the oral argument is scheduled to get underway at 9:30 a.m. today in the Third Circuit's Ceremonial Courtroom.
Posted at 08:00 AM by Howard Bashman



"Father: Hicks focuses on future as he awaits release; Jailed Australian renounces Islam, considers college." USA Today contains this article today.
Posted at 06:48 AM by Howard Bashman


"Deal Means AT&T's Logo Will Race NASCAR Tracks Until 2009": law.com provides this report.
Posted at 06:42 AM by Howard Bashman


"The New Jersey Supreme Court Decertifies a Vioxx Class Action": Anthony J. Sebok has this essay, part one in a two-part series, online today at FindLaw.
Posted at 06:40 AM by Howard Bashman


Monday, September 10, 2007

"New York's High Court Hears Death Penalty Arguments": Tuesday's edition of The New York Times will contain an article that begins, "Prosecutors argued on Monday before New York State’s highest court that the lone man remaining on the state's death row should face execution despite a landmark 2004 court ruling that effectively invalidated the state's death penalty law."
Posted at 10:50 PM by Howard Bashman


"Reaganites Reconsider": Pulitzer Prize-winning reporter Charlie Savage, the national legal affairs correspondent for The Boston Globe, has this essay in the September 24, 2007 issue of The Nation.

Charlie's brand new book is titled "Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy."
Posted at 08:15 PM by Howard Bashman



"The Other General: Ted Olson for DOJ." Kate O'Beirne has this essay today at National Review Online.
Posted at 08:08 PM by Howard Bashman


"Rush to Judgment: The fight to fill judicial vacancies grows ever weirder." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:57 PM by Howard Bashman


"Under the Robes: Secrets of the Supreme Court; New Book's Revelation: Souter Almost Quit After 2000 Recount Fight." ABCNews.com provides this report (via "Above the Law").
Posted at 05:54 PM by Howard Bashman


"Pa. Tries to Toss Libby Law License": The Associated Press provides a report that begins, "The Pennsylvania Supreme Court took a step Monday to suspend the law license of I. Lewis 'Scooter' Libby Jr., the former White House aide convicted of lying and obstructing justice in a probe into the leak of a CIA operative's identity."

You can access last Friday's order of the Supreme Court of Pennsylvania at this link.
Posted at 05:50 PM by Howard Bashman



This 2008 wall calendar devoted to the U.S. Supreme Court will provide you not only with the first Monday in October, but also with every other day of the year: Today's mail included a lovely 2008 wall calendar that, according to an enclosed transmittal letter, is the first ever devoted to exploring the Supreme Court -- its history, architecture, cases, and people.

law.com's Tony Mauro developed the idea for and text of the calendar, and Museum Concepts of Arlington, Virginia is the calendar's publisher. A portion of the proceeds from the sale of the calendar will go to the Supreme Court Historical Society. You can learn more about the calendar and place an order for it both here and here.
Posted at 02:44 PM by Howard Bashman



"Super Bowl Striptease Back on Stage": The Associated Press provides a report that begins, "A federal appeals court on Tuesday will consider whether a notorious 'wardrobe malfunction' that bared singer Janet Jackson's breast during a televised 2004 Super Bowl halftime show was indecent, or merely a fleeting and accidental glitch that shouldn't be punished."
Posted at 02:22 PM by Howard Bashman


Divided three-judge Third Circuit panel holds that that court's ruling from 1990 in United States v. Kikumura is no longer good law and thus a district judge may employ the preponderance standard to find facts justifying large sentencing enhancements: You can access today's ruling at this link.

Ironically, the majority in today's ruling notes that by holding that Kikumura no longer remains good law, the Third Circuit is disagreeing with rulings from both the Eighth and Ninth Circuits. Various other federal appellate courts have already agreed with the conclusion that the Third Circuit reached today.
Posted at 02:20 PM by Howard Bashman



By a vote of 9-6, en banc Ninth Circuit panel upholds death sentence imposed on California inmate Stevie Lamar Fields: You can access today's ruling at this link. The jury's use of biblical passages while deliberating created much fodder for discussion in today's en banc majority and dissenting opinions.
Posted at 02:00 PM by Howard Bashman


On recent broadcasts of C-SPAN's "America & the Courts": The broadcast from two Saturday's ago was titled "Supreme Court Review." law.com's Tony Mauro moderated a stellar panel. The program starts approximately seven minutes into this video segment (RealPlayer required). I previously linked here to the transcript of the event.

And this past Saturday evening's broadcast was titled "Role of the Courts in Times of War" (RealPlayer required). C-SPAN has also posted online the complete panel discussion from the recent Ninth Circuit judicial conference in Honolulu at this link (RealPlayer required).
Posted at 09:25 AM by Howard Bashman



"Conservatives denounce governor’s pick for the Missouri Supreme Court": This article appeared Saturday in The Kansas City Star.

And The St. Louis Post-Dispatch reported on Saturday that "Blunt picks new high court judge."
Posted at 09:18 AM by Howard Bashman



"Thong politics: The history of shortsighted laws to control young people's underpants." Professor Jill Fields has this op-ed today in The Los Angeles Times.
Posted at 09:15 AM by Howard Bashman


"The liberty/security debate: From FISA fixes to appointing a new attorney general, Congress will have many opportunities to have an honest, open discussion." This editorial appears today in The Los Angeles Times.
Posted at 09:12 AM by Howard Bashman


"Missouri abortion law under review; Facilities that regularly provide first-trimester terminations -- including the pill version -- may be regulated as outpatient surgical centers; Two of the state's three clinics would have to close": The Los Angeles Times contains this article today.
Posted at 09:07 AM by Howard Bashman


"Nursing Mother Goes to Court for Exam Time": This article appears today in The New York Times.
Posted at 09:00 AM by Howard Bashman


"Court Cloaked in Secrecy Shows a Hint of Openness": You can access today's installment of Adam Liptak's "Sidebar" column at this link (TimesSelect temporary pass-through link).
Posted at 08:38 AM by Howard Bashman


"New Focus on the Effects of Life Tenure": Linda Greenhouse has this Supreme Court Memo today in The New York Times.
Posted at 08:35 AM by Howard Bashman


"Prisons Purging Books on Faith From Libraries": The New York Times today contains an article that begins, "Behind the walls of federal prisons nationwide, chaplains have been quietly carrying out a systematic purge of religious books and materials that were once available to prisoners in chapel libraries. The chaplains were directed by the Bureau of Prisons to clear the shelves of any books, tapes, CDs and videos that are not on a list of approved resources."
Posted at 08:35 AM by Howard Bashman


"Class in New Jersey": The Wall Street Journal today contains an editorial that begins, "Gadzooks, good news from New Jersey, and concerning a lawsuit no less. The state's Supreme Court ruled late last week that lawsuits filed against Merck & Co. for its Vioxx painkiller can't be consolidated into a giant class action suit."

Last Friday's issue of The Newark Star-Ledger reported that "Court rejects Vioxx class suit."

You can access last Thursday's ruling of the Supreme Court of New Jersey at this link.
Posted at 08:33 AM by Howard Bashman



"D.C. attorney known for work on high-profile cases; Sen. Larry Craig of Idaho joins clientele list that includes Michael Vick, Monica Lewinsky's mom": This article appears today in USA Today.

And The New York Times reports today that "Sting Charges Against Craig Harsher Than Some."
Posted at 08:12 AM by Howard Bashman



"Highest Court To Hear Appeal, Decide Fate of Death Penalty": Today in The New York Sun, Joseph Goldstein has an article that begins, "The state's highest court today will hear an appeal by the last inmate on New York's death row. In the process, the Court of Appeals, which sits in Albany, will decide the future of capital punishment in New York State, legal analysts say."

The New York Daily News reports today that "Last man on N.Y.'s Death Row to plead for his life."

The New York Post contains an article headlined "'00 Fiend's Bid for Life."

And The Associated Press reports that "Man in limbo on death row in NY awaiting decision on his fate."

Today's oral argument before the New York State Court of Appeals -- that State's highest court -- is scheduled to begin at 9:30 a.m. eastern time, and the court is planning to post a link to a live webcast of the oral argument on its web site's home page approximately fifteen minutes before that time.
Posted at 08:10 AM by Howard Bashman



Sunday, September 09, 2007

"Appeals court says requirement to attend AA unconstitutional": Saturday in The San Francisco Chronicle, Bob Egelko had an article that begins, "Alcoholics Anonymous, the renowned 12-step program that directs problem drinkers to seek help from a higher power, says it's not a religion and is open to nonbelievers. But it has enough religious overtones that a parolee can't be ordered to attend its meetings as a condition of staying out of prison, a federal appeals court ruled Friday."

You can access Friday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:12 PM by Howard Bashman



"Appellate justice remembered as a modest, giving man; Jurists, former students, lawyers and family gather after Judge Paul Boland's unexpected death": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 08:55 PM by Howard Bashman


"Extradition Fight Blocks Noriega Release": The Associated Press provides this report.

And today in The New York Times, Everett Ellis Briggs has an op-ed entitled "Our Man in Panama."
Posted at 08:54 PM by Howard Bashman



"Taking the Guilt Out of the Death Penalty": You can access at this link (TimesSelect temporary pass-through link) the installment of Dan Barry's "This Land" column that appears today in The New York Times.
Posted at 08:10 PM by Howard Bashman


"Mom defends daughter's right to blog speech": The Waterbury (Conn.) Republican-American contained this article in last Wednesday's edition.

My earlier coverage of the recent ruling of the U.S. District Court for the District of Connecticut appears at this link.
Posted at 08:07 PM by Howard Bashman



"For Mexican Trucks, a Road Into the U.S." This article appears today in The New York Times.

And The Associated Press reports that "Mexico Sends 1st Long-Haul Trucks to US."
Posted at 07:52 PM by Howard Bashman



"The Truth and Alberto Gonzales": Clark Hoyt, public editor of The New York Times, today has this essay in that newspaper.
Posted at 07:40 PM by Howard Bashman


Philadelphia Phillies 8, Florida Marlins 5: My son and I were back at Citizens Bank Park this afternoon, where we saw the home team jump out to an 8-0 lead over the visiting Marlins.

Phillies starting pitcher Jamie Moyer was making the 600th major league appearance of his career, and he held the Marlins without a hit until one out in the top of the fourth inning, when Marlins right fielder Jeremy Hermida reached first base safely on a softly hit ground ball to third base after Chase Utley, making a rare appearance as first baseman for the Phillies, dropped the ball on a throw that otherwise may have just beaten the batter to the bag on a bang-bang play.

After having attended Friday night's game at Turner Field in Atlanta, where Braves pitcher John Smoltz took a no-hitter into the top of the 8th inning, I was just a little disappointed that Moyer's chance this afternoon at a no-hitter disappeared on a play that easily could have been called an error on Utley.

But in the top of the sixth inning, the Marlins lead-off hitter smacked a legitimate double off of the wall in left field, and later that half-inning three different batters hit home runs, including two that reached the second deck in right field. After the third home run of the inning made the score 8-5, Moyer was pulled from the game, having pitched five and one-third innings. Fortunately, for the second day in a row, the Phillies bullpen was able to hold the Marlins scoreless for the remainder of the game after the starting pitcher had departed.

You can access the box score of today's game at this link, while wraps from MLB.com are here and here. Today's Phillies victory allows the team to move just two games back of the San Diego Padres in the National League wild card standings, vaulting the Phillies over the Los Angeles Dodgers for second place in the wild card race.
Posted at 07:33 PM by Howard Bashman



"Gitmo Panels Struggle to Assess Facts": The Associated Press provides a report that begins, "After years of indefinite confinement, many detainees at Guantanamo Bay say they feel they may never receive justice, according to transcripts of hearings obtained by The Associated Press. Fewer than one in five of detainees allowed a hearing last year even bothered to show up for it."
Posted at 05:58 PM by Howard Bashman


Saturday, September 08, 2007

"Judge in sex assault case sued by alleged victim": The Lincoln (Neb.) Journal-Star today contains an article that begins, "In the latest legal twist in the sexual assault prosecution of a Lincoln man, the woman at the center of the case sued the trial judge this week because he barred 'rape' and other words from the courtroom. Tory Bowen, 24, said in the complaint filed in federal court that Lancaster County District Judge Jeffre Cheuvront violated her First Amendment right to free speech by barring the words 'rape,' 'victim,' 'assailant,' 'sexual assault kit' and 'sexual assault nurse examiner' from the trial of Pamir Safi."

And The Associated Press reports that "Woman Sues Judge for Banning Words."
Posted at 09:33 PM by Howard Bashman



"Iran Must Pay $2.6 Billion for '83 Attack": The Washington Post today contains an article that begins, "A federal judge yesterday ordered Iran to pay more than $2.6 billion to nearly 1,000 family members and a handful of survivors of a 1983 bombing of a Marine barracks in Lebanon that killed 241 soldiers. The ruling brought cheers and tears from survivors but faces long odds of being fulfilled."

Reuters reports that "U.S. judge orders Iran pay $2.6 billion for 1983 attack."

And The Associated Press reports that "Iran Rejects U.S. Ruling on 1983 Attack."

The U.S. District Court for the District of Columbia has posted online both yesterday's opinion and the accompanying judgment.
Posted at 09:30 PM by Howard Bashman



"White House defends nominee for 4th Circuit; Neither Warner, Webb recommended Getchell in bipartisan judge picks": This article appears today in The Richmond Times-Dispatch.
Posted at 09:24 PM by Howard Bashman


"SLC attorney wins case on appeal; Court rules that most of the info detailing his brother's death in Oklahoma jail in 1995 can be released": The Salt Lake Tribune contains this article today.

And today's edition of The Deseret Morning News contains an article headlined "Salt Lake attorney wins point in cover-up case" that begins, "The 10th Circuit Court of Appeals has knocked a hole in the wall of secrecy built up around federal law enforcement agency investigations. In a 35-page ruling issued Friday, the court said Salt Lake City attorney Jesse Trentadue is entitled to information in a federal report that may show Department of Justice officials conducted a cover-up surrounding his brother's death in a federal prison."

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 09:14 PM by Howard Bashman



"Enron's Skilling asks court to throw out all his convictions": This article appears today in The Houston Chronicle.
Posted at 08:57 PM by Howard Bashman


Available online from law.com: An article reports that "3rd Circuit to Hear CBS' Appeal Over Indecency Fine for Janet Jackson's Super Bowl Stunt; More is at stake than the network's financial hit, as FCC's power over broadcasters is challenged."

In other news, "Comcast Loses on Appeal in Fees Case; 11th Circuit rules that the customers' arbitration agreements with the cable company are unenforceable in the case." You can access Tuesday's Eleventh Circuit ruling at this link.

An article headlined "Are Plaintiffs Attorneys Becoming Targets?" begins, "Michigan attorney Geoffrey Fieger was recently indicted on campaign finance charges, the fourth high-profile plaintiffs attorney to face federal criminal charges in the past 14 months. The string of charges has caught the ire of the plaintiffs bar, with many well-known trial attorneys alleging that the federal government is targeting them."

And next Monday's brand new installment of my "On Appeal" essay is headlined "How Should a Federal Appellate Court Decide Whether an Appeal Should Be Orally Argued?"
Posted at 08:45 PM by Howard Bashman



"Bush Expected to Nominate Attorney General Next Week; Former Solicitor General Is Called a Leading Candidate": The Washington Post today contains an article that begins, "President Bush is expected to choose a replacement for Attorney General Alberto R. Gonzales by the middle of next week, and former solicitor general Theodore B. Olson has emerged as one of the leading contenders for the job, according to sources inside and outside the government who are familiar with White House deliberations. Other candidates still in the running include former deputy attorney general George J. Terwilliger III and D.C. Circuit Court of Appeals Judge Laurence H. Silberman, according to the sources, who declined to be identified because of the sensitivity of the discussions."
Posted at 07:45 PM by Howard Bashman


Friday, September 07, 2007

In the interim, you could read an appellate brief: As WSJ.com's "Law Blog" notes in this post today, lawyers for former Enron executive Jeff Skilling have asked the U.S. Court of Appeals for the Fifth Circuit to accept an opening brief for appellant that runs nearly 237 pages. That's just a little more than 4.28 times the size of the maximum length of an opening brief for appellant that may be filed without the court's permission. As a result, Skilling's lawyers have asked the Fifth Circuit for permission to file their longer than normal brief. Stay tuned.
Posted at 06:23 PM by Howard Bashman


Programming note: I've really been enjoying my visit to Atlanta, and this evening a former colleague and I will be heading to Turner Field to watch the Atlanta Braves host the Washington Nationals.

Midday Saturday I'll be returning home, so additional posts will appear here later tomorrow.
Posted at 05:50 PM by Howard Bashman



"Panel to study state's judicial election laws": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "California's chief justice, citing the increasing influence of money and partisan politics on judicial campaigns elsewhere, has created a commission to study possible changes in the state's judicial election laws."

And yesterday's edition of The Press-Enterprise of Riverside, California reported that "Inland judges keep tabs on impartiality."
Posted at 05:47 PM by Howard Bashman



"Book Says Souter Almost Left Court": Mark Sherman of The Associated Press provides a report that begins, "Justice David Souter contemplated resigning from the Supreme Court because he was so upset by the decision that sealed the 2000 presidential election for George W. Bush, a new book says."
Posted at 02:02 PM by Howard Bashman


"Senator Lott drawing fire again on race from civil rights groups": The Hill today contains an article that begins, "When Sen. Dianne Feinstein (D-Calif.) broke ranks and voted with Judiciary Committee Republicans in August to back the most contentious judicial nominee of the 110th Congress, she surprised nearly everyone with a stake in the battle. Everyone, perhaps, except Republican Whip Trent Lott of Mississippi."
Posted at 12:38 PM by Howard Bashman


"Bush federal judge pick criticized; Getchell was not on joint list of nominees favored by Sens. Warner, Webb": This article appears today in The Richmond Times-Dispatch.

The Virginian-Pilot reports today that "Bush snubs Virginia's senators in pick for judge seat."

And The Washington Post reports that "Bush's Picks for Court Spur Criticism by Warner, Webb."
Posted at 11:28 AM by Howard Bashman



Thursday, September 06, 2007

The White House today announced two nominations for the U.S. Court of Appeals for the Fourth Circuit: The nominees are E. Duncan Getchell, Jr., of Virginia; and Steve A. Matthews, of South Carolina.

In early news coverage, The Associated Press reports that "Webb expresses frustration with Bush's nomination for 4th Circuit Court."
Posted at 11:12 PM by Howard Bashman



"Judge Invalidates Patriot Act Provisions; FBI Is Ordered to Stop Data-Collection Tactic": This front page article will appear Friday in The Washington Post.

In Friday's issue of The New York Times, Adam Liptak will have an article headlined "Judge Voids F.B.I. Tool Granted by Patriot Act."

And law.com reports that "Federal Judge Rules Unconstitutional Parts of Patriot Act."

You can access today's ruling of the U.S. District Court for the Southern District of New York at this link.
Posted at 11:05 PM by Howard Bashman



"Justice Department Official Resigns": The Associated Press provides a report that begins, "Assistant Attorney General Peter D. Keisler, who oversaw the Bush administration's lengthy legal fight over the rights of prisoners at Guantanamo Bay, announced his resignation Thursday as head of the civil division."

The AP report notes that Keisler remains as a nominee to the U.S. Court of Appeals for the D.C. Circuit.

Today's press release from the U.S. Department of Justice can be accessed here.
Posted at 10:57 PM by Howard Bashman



"Judge says rules that snared Fieger unfair": This article appears today in The Detroit Free Press.

My earlier coverage of Tuesday's ruling of the U.S. District Court for the Eastern District of Michigan appears at this link.
Posted at 10:54 PM by Howard Bashman



"Judge reinstates gang-rape lawsuit against CU": The Rocky Mountain News provides an update that begins, "Lisa Simpson cried Thursday when she learned an appeals court revived her lawsuit claiming she and another co-ed were gang-raped at a University of Colorado football recruiting party."

The Denver Post provides a news update headlined "Court lets Simpson suit against CU proceed" that begins, "A lawsuit by two women who claimed they were sexually assaulted at a 2001 party attended by University of Colorado football players and recruits was reinstated today by the U.S. 10th Circuit Court of Appeals. The opinion overturned a ruling by U.S. District Judge Robert Blackburn, who ruled in April 2005 that the two women had not proven that the university was 'deliberately indifferent' to the risk that players and recruits would assault them."

The Boulder Daily Camera provides a news update headlined "Judges: CU had policy of showing recruits 'good time.'"

And The Associated Press reports that "U. of Colo. Sex Assault Lawsuit Revived."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 10:44 PM by Howard Bashman



"Firing over Web site of nude wife upheld; Police officer not protected by free speech, judges rule": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Arizona Daily Star, Howard Fischer has an article headlined "No job for Chandler cop fired in sex-site case; Appeals court nixes bid to return to work."

Metropolitan News-Enterprise reports today that "Court Rejects Suit by Police Officer Fired for Role in Sex Videos; Ninth Circuit Panel Rebuffs Arizona Man’s First Amendment, Privacy Claims."

And Reuters reports that "Arizona cop loses job over porn."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 06:38 PM by Howard Bashman



Third Circuit sees potential merit in poultry workers' lawsuit alleging that Tyson Foods, Inc. violated the Fair Labor Standards Act in failing to pay the workers for time they spend "donning and doffing," as well as washing, their work gear: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 06:30 PM by Howard Bashman


"Legal groups putting God on the docket; Christian advocacy is flourishing as new law field for faithful": This article appeared yesterday in The Chicago Tribune.
Posted at 06:25 PM by Howard Bashman


"Court rules on Mojave cross": The Press-Enterprise of Riverside, California provides a news update that begins, "An appellate court today upheld a federal judge's 2005 ruling that a proposed land-swap to preserve a Christian cross located in a remote area of the Mojave National Preserve violates the separation of church and state."

And The Associated Press reports that "Appeals court again rules against Mojave cross."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 06:18 PM by Howard Bashman



Oral argument becomes somewhat more difficult to obtain in the Second Circuit: While I was away on vacation last week, that federal appellate court issued this order.
Posted at 01:18 PM by Howard Bashman


"Judge rules groups that pushed Prop 2 can't intervene in affirmative action case": The Detroit News provides an update that begins, "The group that backed Michigan's ballot drive that banned affirmative action in much of the public sector may not intervene in a court case challenging the constitutionality of the ban, a federal appeals court ruled today."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 01:15 PM by Howard Bashman



"Judge Strikes Down Part of Patriot Act": The Associated Press provides a report that begins, "A federal judge struck down parts of the revised USA Patriot Act on Thursday, saying investigators must have a court's approval before they can order Internet providers to turn over records without telling customers."
Posted at 01:12 PM by Howard Bashman


"May the payor of a bribe to a state official conspire with that official to extort property from himself in violation of the Hobbs Act?" A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit answered that question "no" in an opinion issued today. Circuit Judge Jeffrey S. Sutton is the opinion's author.
Posted at 01:08 PM by Howard Bashman


Programming note: I am traveling to Atlanta this morning, where tomorrow I'll be speaking at the Federal Bar Association Annual Meeting and Convention. Additional posts will appear later today.
Posted at 06:20 AM by Howard Bashman


Wednesday, September 05, 2007

"Va. Tech Victims' Families Weigh Suits Against State; State's Immunity May Be Subjected To Challenge": This article will appear Thursday in The New York Times.
Posted at 11:47 PM by Howard Bashman


"Despite DNA Test, Prosecutor Is Retrying Case": Thursday's edition of The New York Times will contain this article.
Posted at 11:44 PM by Howard Bashman


"Derailing Southwick may take filibuster": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 10:05 PM by Howard Bashman


"[W]e conclude that the government's evidence concerning Mr. Schaefer's use of the Internet, standing alone, was not sufficient to establish that the child-pornography images at issue moved across state lines." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit in a ruling issued today. According to the decision, "we decline to assume that Internet use automatically equates with a movement across state lines." The ruling is a victory for Denver-based Assistant Federal Public Defender Howard A. Pincus, lead counsel for the defendant-appellant on appeal. Pincus and I worked as co-clerks many years ago for the same judge on the Third Circuit.
Posted at 09:07 PM by Howard Bashman


"Book says Souter mulled resignation after Bush v. Gore": So states this post at the "Yeas & Nays" blog at Examiner.com, previewing Jeffrey Toobin's forthcoming book, "The Nine."

And The Manchester (N.H.) Union Leader today contains an article headlined "Did Souter cry over 2000 recount vote?"
Posted at 08:42 PM by Howard Bashman



The Associated Press is reporting: An article headlined "Judge Scolds U.S. on Wiretapping Records" reports on a decision that the U.S. District Court for the District of Columbia issued today in the case captioned Electronic Privacy Information Center v. Department of Justice.

And in other news, "Some Lawmakers Wary of Surveillance Law."
Posted at 03:44 PM by Howard Bashman



"Judge rules for Fieger; Federal edict strikes down state court rules used to discipline lawyer": The Detroit News today contains an article that begins, "Embattled Southfield attorney Geoffrey Fieger scored a victory Tuesday when a federal judge in Detroit declared unconstitutional Michigan court rules that were used to discipline him."

And The Associated Press reports that "Judge Sides With Ex-Kevorkian Lawyer."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of Michigan at this link.
Posted at 03:40 PM by Howard Bashman



"Noriega Lawyers Ask to Block Extradition": The Associated Press provides this report.
Posted at 02:30 PM by Howard Bashman


By a vote of 2-1, three-judge Ninth Circuit panel holds that the City of Chandler, Arizona did not violate police officer's First Amendment rights by terminating him for "participating in (performing in, recording and purveying) a sexually explicit website with his wife": You can access today's Ninth Circuit ruling at this link.

The majority opinion's "Discussion" section begins, "The major issue before us is whether Ronald Dible's First Amendment right to freedom of speech was violated when he was terminated for maintaining and participating in a sexually explicit website with his wife, Megan Dible. In fact, for all practical purposes, the other issues in this case hinge on the decision of that issue. We will, therefore, consider it first and consider the other issues raised by the Dibles thereafter."

Senior Circuit Judge William C. Canby, Jr. dissented from the majority's unwillingness to hold that the officer's firing violated the First Amendment. Judge Canby writes in his separate opinion: "Now, I recognize that pornography, although apparently popular, is not a very respected subject of First Amendment protection in many quarters. The majority opinion here reflects that distaste, variously characterizing Dible's expressive activities as 'vulgar,' 'indecent,' 'sleazy,' and 'disreputable.' But vigorous enforcement of the free speech guarantee of the First Amendment often requires that we protect speech that many, even a majority, find offensive. Pornography, and sexual expression in general, is protected by the First Amendment when it does not constitute obscenity (and there is no showing that Dible's expression meets that extreme standard). We should accept that fact and accord Dible's expression the constitutional protection to which it is entitled."
Posted at 02:20 PM by Howard Bashman



"Beatty takes his place in history on Supreme Court; Will take oath as second black state high court justice since Reconstruction": The Spartanburg (S.C.) Herald-Journal today contains an article that begins, "Spartanburg's Don Beatty will be sworn in as a South Carolina Supreme Court justice this afternoon, taking his place in history as the second black man to sit on that bench since Reconstruction."
Posted at 11:58 AM by Howard Bashman


The remainder of the alphabet was sadly unavailable for litigation: The U.S. Court of Appeals for the Second Circuit issued its ruling today in the case captioned ABC v. DEF. The opinion explains how the case came to have that unusual caption. Demonstrating that being toward the start of the alphabet isn't all bad, ABC has achieved a partial victory in today's ruling.
Posted at 11:40 AM by Howard Bashman


"May a municipal jail, consistent with the Due Process Clause of the Fourteenth Amendment, withhold a portion of an inmate's canteen-account funds in order to cover the costs of booking, room and board without providing the inmate with a hearing before it withholds the money?" So begins an opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit. The court's answer to that question is "yes."
Posted at 11:11 AM by Howard Bashman


"Microsoft Patent Win in Court May Cut Its Chances in Congress": Bloomberg News provides a report that begins, "Microsoft Corp.'s success in reversing a $1.52 billion trial loss was the latest in a series of court victories that may undermine its chance for broad changes in U.S. patent law this year."
Posted at 11:08 AM by Howard Bashman


"Muslim sues O.C. over right to wear head scarf; Deputies asked the woman to remove her head covering while in custody in O.C." The Los Angeles Times today contains an article that begins, "A Muslim whose religious practice requires that she cover her head in public sued the Orange County Sheriff's Department on Tuesday, alleging her rights were violated when jail officials forced her to remove a head scarf while locked up for about eight hours."

And The Orange County Register reports today that "Muslim woman sues sheriff; Woman says religious rights were violated when deputies forced her to remove her head scarf."
Posted at 09:42 AM by Howard Bashman



"D.C. Case Could Shape Gun Laws; Supreme Court Is Asked to Uphold Ban": Robert Barnes and David Nakamura have this front page article today in The Washington Post, which also contains an editorial entitled "The District Appeals: The city defends its gun law -- and opens the door to a definitive reading of the Second Amendment."

And The Washington Times reports today that "City asks high court to uphold gun ban."
Posted at 09:37 AM by Howard Bashman



"Murder case turns on 41-year diagnosis: Did a 1966 shot cause an officer’s death? A medical fight looms." The Philadelphia Inquirer contains this article today.
Posted at 09:32 AM by Howard Bashman


"New Book Details Cheney Lawyer's Efforts to Expand Executive Power": This front page article appears today in The Washington Post.
Posted at 08:50 AM by Howard Bashman


"Broadcom wins antitrust appeal against Qualcomm": Reuters provides this report.

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 08:44 AM by Howard Bashman



"Hawaii Ferry Sits Idle Amid Protests and Court Rulings": This article appears today in The New York Times.

The Honolulu Advertiser reports today that "Kauai court asked to bar Hawaii Superferry."

And The Honolulu Star-Bulletin reports that "Superferry saga moves to courts; Legal action taken by Kauai and Maui groups will be heard tomorrow."
Posted at 08:32 AM by Howard Bashman



"Court upholds CIA's power to keep president's daily briefing secret": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Oakland Tribune, Josh Richman reports that "Court lets old CIA briefs stay secret; Vietnam-era intelligence can sidestep Freedom of Information Act."

In The New York Sun, Josh Gerstein reports that "Presidential Briefings May Be Kept Secret."

And Reuters reports that "Even 40 years later CIA briefings to stay secret."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:15 AM by Howard Bashman



"Appeals Court Dismisses Elevator Antitrust Suit": This article appears today in The New York Sun.

My earlier coverage of yesterday's Second Circuit ruling can be found at this link.
Posted at 07:54 AM by Howard Bashman



Tuesday, September 04, 2007

"Exhibit A in Painting Court as Too Far Right": Wednesday in The Washington Post, Robert Barnes will have an article that begins, "Lilly Ledbetter's pay discrimination case before the Supreme Court raised no constitutional quandaries and never received much attention. Until it was decided."
Posted at 11:54 PM by Howard Bashman


"Sex, Drugs & a Federal Prosecution: The shabby case against Dr. Bernard L. Rottschaefer." Radley Balko has this essay online at Reason.
Posted at 09:10 PM by Howard Bashman


"Parker v. District of Columbia: DC Gun Ban Case." The Federalist Society hosted this online debate last week (via "InstaPundit").
Posted at 09:05 PM by Howard Bashman


Tenth Circuit reinstates First Amendment challenge to section 514 of the Uruguay Round Agreements Act, by means of which Congress reinstated copyright protection for some foreign works already in the public domain: Law Professor Lawrence Lessig argued the appeal that produced this decision today from a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.

Additional background on the case -- Golan v. Gonzales -- can be accessed here, here, and here.
Posted at 08:52 PM by Howard Bashman



"This appeal presents important questions regarding whether a patent holder's deceptive conduct before a private standards-determining organization may be condemned under antitrust laws and, if so, what facts must be pled to survive a motion to dismiss." So begins the ruling of the U.S. Court of Appeals for the Third Circuit today in Broadcom Corp. v. Qualcomm Inc.
Posted at 05:58 PM by Howard Bashman


"Alan Morrison, back in the saddle": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:00 PM by Howard Bashman


"Schools Await Princeton Donor Ruling": The Associated Press provides a report that begins, "Colleges around the country are closely watching for a key ruling in a bitter legal battle between Princeton University and a disgruntled alumnus who claims the school misspent the millions his family left the school in 1961."
Posted at 04:05 PM by Howard Bashman


"[The defendant] maintains that the district court judge who imposed the sentence should have recused himself after [the defendant] obtained the judge's home telephone number and left at least one threatening message prior to his sentencing." Today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit rejects that argument, holding that "the district judge reasonably construed [the defendant's] threatening phone message as an attempt to manipulate the court system which did not warrant his sua sponte recusal."

According to the decision, the defendant had been convicted "for mailing threatening communications and threatening the President of the United States."
Posted at 02:40 PM by Howard Bashman



"For nearly half a century, the CIA has each day sent the President a highly classified summary of the most important and timely intelligence relating to this country’s national defense and foreign policy priorities." So begins the first paragraph of a decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

The opinion's first paragraph goes on to state (some citations omitted): "We must decide in this case whether two of these reports -- known as the President's Daily Brief (PDB) -- from the administration of President Lyndon B. Johnson are exempt from disclosure under the Freedom of Information Act (FOIA). We hold that the CIA has provided ample justification that the disclosure of the two PDBs would reveal protected intelligence sources and methods, and thus these PDBs are protected by FOIA exemption 3 and the National Security Act."
Posted at 02:27 PM by Howard Bashman



"D.C. Asks Supreme Court to Back Gun Ban": Robert Barnes and David Nakamura of The Washington Post provide this news update.
Posted at 02:18 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "D.C. Appeals to Supreme Court on Gun Law" and "Convicted Peeper Sues to Get Porn Back."
Posted at 02:15 PM by Howard Bashman


"Ruling On Blog Rant Troubling": Columnist Rick Green has this op-ed today in The Hartford Courant. The op-ed focuses on a decision that U.S District Judge Mark R. Kravitz of the District of Connecticut issued last Friday. Judge Kravitz's opinion begins:
Social networking websites and blogs (or web logs) have in recent years become an important part of the lives of young people, and many adults. But as some have come to discover to their chagrin, postings on such sites and blogs are often very public and the statements and information posted can have consequences for the blogger.
Saturday's issue of The Courant contained an article headlined "Judge Rules On Student's Slur" reporting on the decision.
Posted at 11:24 AM by Howard Bashman


"Second Amendment case reaches Court": At "SCOTUSblog," Lyle Denniston has a post that begins, "Relying upon strong rhetoric and the argument that access to handguns is a direct threat to peoples' lives in the Nation's capital, the District of Columbia government urged the Supreme Court on Tuesday to spare the city's gun control law from nullification under the Second Amendment." That blog has posted both the cert. petition and accompanying appendix online.
Posted at 11:18 AM by Howard Bashman


In re Elevator Antitrust Litigation goes up to the Second Circuit, which affirms the dismissal of that lawsuit: You can access today's ruling at this link. Only time will tell whether plaintiffs will next seek to have their case ascend to the U.S. Supreme Court.
Posted at 11:10 AM by Howard Bashman


"At 11th Circuit, What Happens at Oral Argument Stays at Oral Argument: A look at a federal appellate court's rule denying access to oral argument audiotapes." Today's installment of my "On Appeal" column for law.com can be accessed here.
Posted at 10:12 AM by Howard Bashman


The U.S. Court of Appeals for the D.C. Circuit has redesigned the home page of its web site: You can access the redesigned home page at this link.
Posted at 10:08 AM by Howard Bashman


"Exacting Donors Reshape College Giving": The Washington Post contains this front page article today.
Posted at 08:30 AM by Howard Bashman


"Appeals Court Finds Ugly Implications in City's Anti-Truck Law; Class, Not Aesthetics, May Be Real Issue, Judges Suggest in Overturning Code": This article appears today in The Washington Post.

My earlier coverage of last month's ruling of Florida's Third District Court of Appeal can be accessed here.
Posted at 08:25 AM by Howard Bashman



"Fighting for Our Handgun Ban": Today in The Washington Post, Adrian M. Fenty and Linda Singer have an op-ed that begins, "As mayor and attorney general of the District of Columbia, we were deeply disappointed this year when the U.S. Court of Appeals for the D.C. Circuit declared that the District's longstanding handgun ban violates the Second Amendment. Today we are asking the U.S. Supreme Court to review the decision in that case, which we think threatens public safety and is wrong on the law."
Posted at 08:22 AM by Howard Bashman


"Control of Dances Is at Issue in Lawsuit": This article appears today in The New York Times.
Posted at 08:04 AM by Howard Bashman


"The Wrong Answer in Connecticut": The New York Times today contains an editorial which argues that "The appeal of a 'three strikes and you're out' law is understandable, but these laws have proven to be blunt instruments that cause more injustice than they prevent."
Posted at 07:55 AM by Howard Bashman


"Conscience of a Conservative": In the Sunday, September 9, 2007 issue of The New York Times Magazine, Law Professor Jeffrey Rosen will have an article that begins, "In the fall of 2003, Jack L. Goldsmith was widely considered one of the brightest stars in the conservative legal firmament. A 40-year-old law professor at the University of Chicago, Goldsmith had established himself, with his friend and fellow law professor John Yoo, as a leading proponent of the view that international standards of human rights should not apply in cases before U.S. courts."
Posted at 07:52 AM by Howard Bashman


"Defense for Islamic Charity To Call Witnesses": Josh Gerstein has this article today in The New York Sun.

The Los Angeles Times on Sunday reported that "Holy Land federal witnesses go uncalled; Prosecutors rely on FBI and Israeli testimony to make their case against the charity; The defense begins Tuesday."

And last Friday's edition of The Dallas Morning News reported that "Government rests in Holy Land trial; Defense in terror financing trial to call first witness next week."
Posted at 07:47 AM by Howard Bashman



"DNA backlog piles up for FBI; Samples increase by 80,000 in '06": Richard Willing has this front page article today in USA Today, along with an article headlined "DNA lag leaves potential for crime; Samples have yet to be analyzed."
Posted at 07:40 AM by Howard Bashman


"In Chertoff's record, shades of politics; His past at Justice may be a hurdle if he's picked to succeed Alberto Gonzales as attorney general": David G. Savage and Tom Hamburger will have this article Tuesday in The Los Angeles Times.
Posted at 12:00 AM by Howard Bashman


Monday, September 03, 2007

"9/11 Lawsuits Will Get Their Day in Court": This article will appear Tuesday in The New York Times.
Posted at 11:58 PM by Howard Bashman


"Government opposes release of secret court orders": Lyle Denniston has this post today at "SCOTUSblog." You can access the federal government's brief at this link.
Posted at 09:07 PM by Howard Bashman


"Gonzales Case Echoes FDR's AG Problems": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:04 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": Back on August 22, 2007, I reported here on an interesting ruling that a divided three-judge Fourth Circuit panel issued that day.

The November 2007 issue of the Tulane Law Review will contain an article by Stephen Aslett addressing this very issue at length. The article is titled "Crawford's Curious Dictum: Why Testimonial Nonhearsay Implicates the Confrontation Clause" (abstract with links for download).
Posted at 04:24 PM by Howard Bashman



"Blawg Review #124; Labor Day Special Historical Edition": Available online here, today at "George's Employment Blawg."
Posted at 04:17 PM by Howard Bashman


"A Labor Fools' Day Story": ABC News correspondent Jan Crawford Greenburg has this post at her "Legalities" blog about the front page story today in The Washington Post focusing on a new book about the Bush presidency. The book reports that Chief Justice John G. Roberts, Jr. had suggested to President Bush that Harriet E. Miers be nominated to fill the vacancy created on the U.S. Supreme Court when Justice Sandra Day O'Connor retired.

Jan and I will both be in Atlanta later this week to speak at the Federal Bar Association Annual Meeting and Convention.
Posted at 04:08 PM by Howard Bashman



"Shield law lets press do its job": The St. Petersburg Times today contains an editorial that begins, "A small victory for press freedom occurred before Congress went on its summer break when a bill to create a federal shield law passed the House Judiciary Committee on a voice vote."
Posted at 02:42 PM by Howard Bashman


"It's Been A Wild Ride For AG's Chief Aide": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 02:35 PM by Howard Bashman


"What the Constitution says about Iraq: Congress and the courts must recommit to the legislative branch's sole authority to declare war." Mario M. Cuomo has this op-ed today in The Los Angeles Times.
Posted at 02:30 PM by Howard Bashman


"Czech Bill On Child Porn Faces Resistance; Unlike Most of E.U., Possession Is Legal": This article appears today in The Washington Post.
Posted at 02:11 PM by Howard Bashman


Chief Justice John G. Roberts, Jr. rejects book's account that he suggested President Bush nominate Harriet E. Miers to fill the vacancy created when Justice Sandra Day O'Connor retired: An updated version of today's front page article published in The Washington Post can be accessed here.
Posted at 01:50 PM by Howard Bashman


"Court: Mexican Trucks Program to Proceed." The Associated Press provides a report that begins, "The Bush administration can go ahead with a pilot program to allow as many as 100 Mexican trucking companies to freely haul their cargo anywhere within the U.S. for the next year, a federal appeals court ruled Friday."

Reuters reports that "Mexico trucks to roll on U.S. highways."

And The Arizona Republic reports today that "Teamsters continue to battle Mexican trucks."

You can access Friday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:05 AM by Howard Bashman



"Whales get blown off: Federal court says Navy can do sonar testing." Bob Egelko had this article Saturday in The San Francisco Chronicle.

The Los Angeles Times on Saturday reported that "Court gives Navy go-ahead to use sonar off coast; Appellate ruling gives the go-ahead for training off the Southland coast, despite concerns that whales may be harmed."

And The Honolulu Star-Bulletin today contains an editorial entitled "Appeals court ruling on Navy sonar sits on fragile ground."

You can access last Friday's decision of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:58 AM by Howard Bashman



Sunday, September 02, 2007

"Roberts Suggested Miers, Book Says; Author Delves Inside Bush Controversies": The Washington Post on Monday will contain a front page article that begins, "John G. Roberts Jr., now the chief justice of the United States, suggested Harriet Miers to President Bush as a possible Supreme Court justice, according to a new book on the Bush presidency."
Posted at 11:58 PM by Howard Bashman


"With the Bench Cozied Up to the Bar, the Lawyers Can't Lose": Last Monday's installment of Adam Liptak's "Sidebar" column can be accessed here (TimesSelect temporary pass-through link).

The essay begins, "Dennis G. Jacobs, the chief judge of the federal appeals court in New York, is a candid man, and in a speech last year he admitted that he and his colleagues had 'a serious and secret bias.' Perhaps unthinkingly but quite consistently, he said, judges can be counted on to rule in favor of anything that protects and empowers lawyers."
Posted at 11:55 PM by Howard Bashman



"New Terrorism Court: U.S. v. Omar Ahmed Khadr." Speaking of appellate court oral argument audio available online (see my post immediately below), C-SPAN has posted online at this link (RealPlayer required) the recent oral argument held before the U.S. Court of Military Commission Review in United States v. Khadr.

I previously collected press coverage of this oral argument at this link.
Posted at 11:52 PM by Howard Bashman



"At 11th Circuit, What Happens at Oral Argument Stays at Oral Argument: A look at a federal appellate court's rule denying access to oral argument audiotapes." The brand new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 11:45 PM by Howard Bashman


"The Mess He Left Behind: Gonzales's successor will face daunting challenges at a scandal-plagued agency." Emma Schwartz will have this article in the September 10, 2007 issue of U.S. News & World Report.

And in this upcoming week's issue of Legal Times, Pedro Ruz Gutierrez and Tony Mauro will have an article headlined "DOJ Seeks to Recover From Gonzales' Tenure; Many observers say the attorney general leaves behind a Main Justice in disarray."
Posted at 11:42 PM by Howard Bashman




From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Decision of the Day

de novo

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

INTEL DUMP

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

LawBeat

Legalities

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek