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