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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." "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. "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. "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. "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." 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." "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. "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." "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. "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  
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