"Justice Sandra Day O'Connor dedicates Elon law school":
Elon University in North Carolina issued this news release
today. You can access audio of a portion of Justice O'Connor's remarks by clicking here
News 14 Carolina provides a video report (Windows Media Player required).
And The Associated Press reports that "O'Connor encourages Elon students to defend judiciary."
"Florida to execute killer despite debate":
Reuters provides a report
that begins, "Florida is scheduled to execute a man on Wednesday, whose case touched off a round of legal battles over the use of lethal injection to kill criminals. If the U.S. Supreme Court does not issue another stay, Clarence Hill, 48, will be put to death for the 1982 murder of a Pensacola police officer."
In today's edition of The Newark (N.J.) Star-Ledger:
The newspaper contains an article headlined "No transfer by race in fire department; Federal court rebuffs Newark
." My earlier coverage appears at this link
And in other news, "Med student charged in theft from cadaver; UMDNJ grad accused of giving hand to exotic dancer."
The Associated Press is reporting:
In news from Washington State, "Three seats on the state Supreme Court up for grabs
And an article reports that "Nevada high court reacts to judicial misconduct reports."
"Just how far can CIA interrogators go? Defining limits on 'alternative' interrogation methods is major concern of key US lawmakers." This article
will appear Wednesday in The Christian Science Monitor.
"Rulings Mean Shift Toward Accountability":
law.com's Tony Mauro provides a news update
that begins, "Responding to complaints about judicial junkets and conflicts of interest, the Judicial Conference on Tuesday enacted new rules to force judges to use conflict-checking software and to promptly disclose their participation in privately sponsored seminars for which they are reimbursed."
"Judicial term limits ripped; Ex-governors, Owens slam idea; A leading supporter of Amendment 40 dismisses critics from both parties as 'political insiders'":
The Denver Post today contains an article
that begins, "Colorado's three living former governors and its current chief executive say they oppose a November ballot initiative that would term-limit state Supreme Court justices and Court of Appeals judges."
And The Rocky Mountain News today reports that "Owens, 3 former guvs rip plan for judges."
"Responding to Hamdan: Crafting Legislation to Prosecute Terrorist War Criminals and Preserve Valuable Interrogations."
The U.S. Senate's Republican Policy Committee issued this policy paper
"Federal Judges Step Up Disclosure":
The Associated Press provides a report
that begins, "Federal judges decided Tuesday to require faster and fuller disclosure of their expense-paid trips, a response to criticism that the travel could undermine the public's faith in an impartial judiciary."
My earlier post on this subject appears here.
On today's broadcast of NPR's "Day to Day":
The broadcast contained audio segments entitled "Risks of Redefining Conventions on POW Treatment
" (featuring Dahlia Lithwick) and "Torture Case Puts Spotlight on U.S. Extraditions
." RealPlayer is required to launch these audio segments.
Access online the statement of U.S. Senator Patrick J. Leahy (D-VT), ranking Democratic member of the Senate Judiciary Committee, prepared for delivery at today's Special Executive Business Meeting:
You can access the statement at this link
. The statement appears to contain good news for a certain Third Circuit
nominee but not such good news for a certain D.C. Circuit
No Muppets were harmed in the filming of this appellate court opinion:
At "Above the Law," David Lat comments here
on today's Seventh Circuit
ruling in Piggee
v. Carl Sandburg College
And Paul Mollica comments on the ruling at "Daily Developments in EEO Law."
My earlier coverage appears at this link.
"Gonzales Wants ISPs to Save User Data":
The Associated Press provides a report
that begins, "Attorney General Alberto Gonzales said Tuesday that Congress should require Internet service providers to preserve customer records, asserting that prosecutors need them to fight child pornography."
Divided three-judge Ninth Circuit panel holds that San Diego County's welfare eligibility program, requiring all welfare applicants to consent to a warrantless home visit as a condition of eligibility, does not violate applicants' rights under the United States Constitution, the California Constitution, or California welfare regulations prohibiting mass and indiscriminate home visits:
To quote the first paragraph of the majority opinion slightly out of context, the Ninth Circuit holds that the policy "100% does not violate the United States Constitution, the California Constitution, or California welfare regulations." You can access today's ruling at this link
"Ninth Circuit Decides Padilla v. Lever, Holding 14-1 That Recall Petitions (and likely Initiative Petitions) Need Not Be Translated to Comply with Language Provisions of the Voting Rights Act":
At his "Election Law" blog, Rick Hasen has this post
about today's en banc ruling
of the U.S. Court of Appeals for the Ninth Circuit
"Press Release Regarding the Judicial Conduct and Disability Study Committee Report":
The Public Information Office of the Supreme Court of the United States issued this press release
The so-called "Breyer Committee" report can be accessed here.
At "SCOTUSblog," Lyle Denniston covers the report's release in this post.
"Conference Moves to Enhance Judges' Accountability, Ethical Compliance":
The Administrative Office of the U.S. Courts issued this news release
The news release begins, "The Judicial Conference of the United States today approved two policies aimed at aiding and enhancing judges' compliance with established ethical obligations. The Conference voted to require all federal courts to use conflict-checking computer software to identify cases in which judges may have a financial conflict of interest and should disqualify themselves. It also approved a new policy requiring greater disclosure by both those who provide privately funded educational programs for judges and the judges who attend such programs."
The policy requiring greater disclosure by both those who provide privately funded educational programs for judges and the judges who attend such programs can be accessed here. And the Mandatory Conflict Screening Policy can be accessed here.
"In September 2002, Martha Louise Piggee, who was then a part-time instructor of cosmetology at Carl Sandburg College, gave a gay student two religious pamphlets on the sinfulness of homosexuality."
So begins an opinion
that the U.S. Court of Appeals for the Seventh Circuit
The opinion continues, "The student was offended and complained to college officials. After the college looked into the matter, it found that Piggee had sexually harassed the student. It admonished her in a letter to cease such behavior, and the following semester it chose not to retain her." Thereafter, Piggee filed a federal civil rights lawsuit against the college, the members of its board of trustees, and various college administrators, including one "whose offense was to clean out Piggee's refrigerator and throw away her noodles at some point during the spring of 2003."
Today's ruling affirms the federal district court's entry of summary judgment in favor of the defendants.
Dear en banc Third Circuit, Booker eliminates the rationale for Kikumura:
So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit
, in an opinion
by Circuit Judge Richard A. Posner
. Judge Posner's opinion issued today notes that the Third Circuit
itself has recently overruled Kikumura
, but Judge Posner's opinion fails to note that the decision overruling Kikumura
was itself vacated when the Third Circuit granted rehearing en banc
in that case.
As for what's up with Yu Kikumura himself, this recent earlier post provides some details.
On today's broadcast of NPR's "Morning Edition":
The broadcast contained audio segments entitled "Western Voters Consider Property Rights Changes
"; "President Haggles with Senators Over Detainee Treatment
"; and "Canada Finds Citizen Improperly Sent by U.S. to Syria
" (RealPlayer required).
The Tennessean is reporting:
Today's newspaper contains articles headlined "Selection of new high court justice headed to court; Governor is suing judicial commission for 'game playing'
" and "Holton gets execution reprieve; High court upholds judges' stay; killer files own last-minute petition
"Judge Real Is Set to Testify in Washington; Federal Jurist, 81, Faces GOP Calls for Impeachment":
Lawrence Hurley and Drew Combs have this article
today in The Daily Journal of California.
I wrote about this dispute back in May 2006 in an installment of my law.com "On Appeal" column headlined "Exaggerations Plague Debate Over Need for Judicial Inspector General."
"Bush offers concession on terror suspects' rights": This article
appears today in The Washington Times.
The Los Angeles Times reports today that "McCain Stand Comes at a Price; Battling Bush over rules for detainee treatment, senator jeopardizes his courtship of the right."
The Washington Post contains articles headlined "McCain's Stand On Detainees May Pose Risk For 2008 Bid; Opposition to Bush Could Alienate Republican Base" and "Bush Detainee Plan Adds to World Doubts Of U.S., Powell Says; Ex-Secretary of State Defends Conventions." In addition, columnist Eugene Robinson has an op-ed entitled "Torture Is Torture: Bush's 'Program' Disgraces All Americans," while columnist Richard Cohen has an op-ed entitled "Time for Integrity: McCain Should Stick to His Principles."
USA Today contains an editorial entitled "Rules for interrogating terrorists? Yes. Torture? No. Ask those who know firsthand: Geneva Conventions matter." And John D. Negroponte has an op-ed entitled "Support U.S. intelligence: Clarifying our treaty obligations would not harm nation's troops."
Finally, online at OpinionJournal, Brendan Miniter has an essay entitled "When Miranda Met Osama: Will terrorists get lawyers the moment they're captured on the battlefield?"
"State court revives teen abortion law; 1995 act was on hold because of legal wrangling":
The Chicago Tribune today contains an article
that begins, "In a victory for those seeking stricter limits on abortion, the Illinois Supreme Court decided Monday to revive a long-dormant state law that prohibits minors from obtaining abortions without notifying a parent."
"Journalist held in contempt ordered back to jail":
The Associated Press provides a report
from San Francisco that begins, "A freelance video journalist who has refused a federal grand jury's subpoena to turn over his footage of a political protest will return to jail, after an appeals court ordered his bail revoked."
And The San Francisco Chronicle reports today that "Bail revoked for journalist in contempt case."
"A Jurist's Argument for Bending the Constitution": This review
, by Michiko Kakutani, of Seventh Circuit
Judge Richard A. Posner
's book "Not a Suicide Pact: The Constitution in a Time of National Emergency
" appears today in The New York Times.
"Judicial Politics Run Amok":
The New York Times today contains an editorial
that states, "Today's round of judicial elections in Washington State points to the seriousness of the problem and its threat to judicial integrity, independence and impartiality."
"U.S. court stays Wecht trial": This article
, in which I am quoted, appears today in The Pittsburgh Tribune-Review.
And The Pittsburgh Post-Gazette reports today that "U.S. appeals court freezes Wecht's trial; Considers request from ex-coroner to remove judge."
"Two More State Supreme Courts Uphold Grandparent Visitation Laws - Despite the Supreme Court's Holding that They Can Be Unconstitutional":
Joanna Grossman has this essay
online today at FindLaw.