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Friday, October 05, 2007 Available online from law.com: An article reports that "2nd Circuit Reinstates Copyright Claims Against Singer." My earlier coverage of today's Second Circuit ruling appears at this link. And the brand new installment of my "On Appeal" column is headlined "On the Horizon: More Powers for Some Federal Judges?" This earlier post provides links to the relevant statutes and proposed legislation. "Woman wants apology after court scans bra; Security makes her remove garment even though there was no privacy screen": Yesterday's edition of The Coeur d'Alene Press contained an article that begins, "Victoria has no secrets at the federal courthouse. A Bonners Ferry woman said she was forced to remove her bra by court security -- in full view of everyone -- before she was allowed to go inside." Today's newspaper, meanwhile, reports that "Courthouse to have private room for changing." And in other coverage, The Spokesman-Review of Spokane, Washington reported yesterday that "Bra check upsets court visitor." "With Him or Against Him: The black-and-white world of Clarence Thomas has nothing to do with race." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 10:02 PM by Howard Bashman "Justice Souter's Upcoming Autobiography": Scott Moss has this post at "PrawfsBlawg." Posted at 09:45 PM by Howard Bashman "Ogborn awarded $6.1 million in strip-search hoax in Kentucky case against McDonald's": The Louisville Courier-Journal provides this news update. Posted at 03:30 PM by Howard Bashman "Holding Court: Dahlia Lithwick dishes with readers on the Supremes and the start of the new term." Slate has posted online this transcript. Posted at 03:15 PM by Howard Bashman "Third Amendment Rights Group Celebrates Another Successful Year": This article appears online today at the web site of The Onion. Posted at 03:07 PM by Howard Bashman Eleventh Circuit rejects Presidential Airways, Inc.'s effort to dismiss lawsuit brought by survivors of three soldiers in the United States Army who died when the airplane that was transporting them crashed into the side of a mountain in Afghanistan: According to today's lengthy decision, "Presidential entered into a contract with the Department of Defense to provide air transportation and other support services in aid of the military mission in Afghanistan." Posted at 03:02 PM by Howard Bashman "[W]e are inclined to believe that the same Fourth Amendment reasonable suspicion standard that applies to Terry investigative stops should apply to the issuance of a purely investigative warrant to conduct a limited thermal imaging search from well outside the home": In a decision issued today, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit considers what "quantum of evidence required to obtain a warrant solely for the purpose of conducting investigative thermal imaging." Update: Orin Kerr criticizes the ruling in this post at "The Volokh Conspiracy." Today's ruling of the Superior Court of Pennsylvania in an appeal that I argued on behalf of the plaintiffs-appellants on May 22, 2007: On May 22, 2007, I had a post titled "Programming note" that began, "Today, I'll be arguing an appeal before a three-judge panel of the Superior Court of Pennsylvania from a ruling reported on here." Working very closely with plaintiffs' trial attorneys, who had labored skillfully and tirelessly to obtain a jury verdict on behalf of their clients, I was serving as co-counsel on appeal for the plaintiffs, who were appealing from a trial court ruling that had overturned the jury's $3 million verdict in favor of the plaintiffs. Today, a unanimous three-judge Pa. Superior Court panel issued a non-precedential opinion that reinstates the jury's verdict in plaintiffs' favor. You can access today's decision by clicking here. "State's highest court backs lying in politics; Justices say law regulating speech unconstitutional": The Seattle Post-Intelligencer today contains an article that begins, "You just can't keep a politician from lying. In a 5-4 ruling Thursday, the state Supreme Court struck down a 1999 law that banned political candidates from intentionally lying about their opponents. The high court majority said the law was an affront to free speech." And The Seattle Times reports today that "Split court says candidates can lie." Yesterday's ruling of the Supreme Court of Washington State consists of a majority opinion, a concurring opinion, and a dissenting opinion. Update: Eugene Volokh criticizes the ruling in this post at "The Volokh Conspiracy." "The question presented, one of first impression in the courts of appeals, is whether an action for infringement by one co-author of a song can be defeated by a 'retroactive' transfer of copyright ownership from another co-author to an alleged infringer." So begins today's ruling of the U.S. Court of Appeals for the Second Circuit in the case captioned Sharice Davis v. Mary J. Blige, et al. Posted at 10:58 AM by Howard Bashman "The school of very hard knocks: Inside the mind of a Supreme Court justice." The October 6, 2007 issue of The Economist contains an article that begins, "He's powerful. He's conservative. His daddy was an oil man. He found God and stopped drinking in middle age. The certainty and simplicity of his world view infuriate his many opponents. George Bush? No. The autobiography that is making the American left wobble with rage this week is by Justice Clarence Thomas, the only black member of the Supreme Court." Posted at 10:50 AM by Howard Bashman "Will the Sixth Circuit consider acquitted conduct enhancements en banc?" At his "Sentencing Law and Policy" blog, Doug Berman has this post noting the Sixth Circuit's issuance today of a short opinion in which all three panel members note their agreement that rehearing en banc should be granted to consider the question. Posted at 10:44 AM by Howard Bashman So you weren't invited to Justice Clarence Thomas's book party, hosted by Armstrong Williams? Don't despair, C-SPAN's "Book TV" was there. You can watch the festivities on C-SPAN2 Saturday night and again on Sunday morning. Click here to access the broadcast schedule. Posted at 08:40 AM by Howard Bashman "Appeals court revives deep-vein thrombosis suits against airlines": Bob Egelko has this article today in The San Francisco Chronicle. Bloomberg News reports that "Court upholds dismissal of claims over blood-clot risk." And the Central Valley Business Times reports that "Airlines may be off the hook for DVT deaths, injuries." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Gitmo: America's black hole; A lawyer for prison detainees is struck by how the immoral mistreatment of inmates has become so mundane." Clive Stafford Smith has this op-ed today in The Los Angeles Times. Posted at 08:33 AM by Howard Bashman "Fired teacher receives help from ACLU; Chesterfield being sued over dismissal for using body parts as paintbrush": This article appears today in The Richmond Times-Dispatch. And The Associated Press reports that "Va. Teacher Fired for Buttocks Art Sues." "Foes of D.C. Handgun Ban Seek Supreme Court Review; Both Sides Want Rulings on D.C. Law Reconciled": Robert Barnes has this article today in The Washington Post. Posted at 08:15 AM by Howard Bashman "Senate confirms Harris County judge for appeals court": The Houston Chronicle today contains an article that begins, "The Senate has confirmed Harris County state District Judge Jennifer Walker Elrod to the U.S. 5th Circuit Court of Appeals." Posted at 08:04 AM by Howard Bashman "SJC mulls remedy for a sentence not served": The Boston Globe today contains an article that begins, "Middlesex prosecutors came under fire yesterday from the state's top jurists, who demanded to know why a Lowell man has remained free for the past 16 years when he should have spent at least two years behind bars for a 1990 rape conviction." Posted at 08:00 AM by Howard Bashman "The Angriest Justice": The New York Times today contains an editorial that begins, "Justice Clarence Thomas's new autobiography dredges up his 16-year-old battle with Anita Hill and fulminates against liberal groups, Democratic senators and others who opposed his nomination." Posted at 07:58 AM by Howard Bashman "Why Two Museums Are Now Going at It Hammer and Tongs; One in Alaska Shows Tools, One in Los Angeles, Art; Will Mr. Pahl Get Nailed?" This front page article appears today in The Wall Street Journal. Posted at 07:54 AM by Howard Bashman "How Much Can the Government Revise Copyright, Without Running Afoul of the First Amendment and the Copyright Clause?" Julie Hilden has this essay, part one of a two-part series, online today at FindLaw. Posted at 07:33 AM by Howard Bashman  
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