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Tuesday, October 14, 2008 Now-vindicated previously dissenting judge of the day: On April 13, 2006, the following post appeared at this blog: Payback is ... an obstacle to mootness: Today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reverses the dismissal on mootness grounds of a taxpayer's establishment clause challenge to a grant of money by the Secretary of Education to the University of Notre Dame to be used for a program called Alliance for Catholic Education. Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Terence T. Evans joined. Circuit Judge Diane S. Sykes dissented, writing that she would affirm the district court's dismissal for mootness.Now, two years, six months, and one day later, following a GVR from the U.S. Supreme Court, that same three-judge panel has unanimously joined in an opinion written by Circuit Judge Sykes dismissing the case as moot. Posted at 09:14 PM by Howard Bashman "The Roberts Court at Age Three": Dean Erwin Chemerinsky has posted this article online at SSRN (via "Legal Theory Blog"). Posted at 08:44 PM by Howard Bashman "Courts hears NC minority voting rights lawsuit": Mark Sherman of The Associated Press has an article that begins, "Supreme Court justices appeared reluctant Tuesday to expand protections of a landmark voting rights law in a case from North Carolina." And at "SCOTUSblog," Lyle Denniston has a post titled "Line-drawing and drawing lines in politics." The U.S. Supreme Court has posted online the transcripts of all three cases argued today: Bartlett v. Strickland, No. 07-689; Pearson v. Callahan, No. 07-751; and Oregon v. Ice, No. 07-901. "Appeals court rules against ban on Qualcomm chips": The Associated Press provides a report that begins, "A federal appeals court Tuesday ruled that the International Trade Commission's ban on imports of cell phones with chips made by Qualcomm Inc. overstepped the commission's authority." Reuters provides a report headlined "Appeals court vacates ITC ban against Qualcomm." And Brent Kendall and Roger Cheng of Dow Jones Newswires report that "US Court Vacates Ban On Cellphones Using Qualcomm Chips." You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. "Court hears arguments in landmark tobacco case": Hope Yen of The Associated Press has an article that begins, "A federal appeals court expressed skepticism Tuesday that a landmark ruling that cigarette makers deceived the public for decades about smoking risks could be supported under racketeering laws." Update: And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appellate Judges Critical of Landmark Tobacco Decision." "Sunny Day. The Chief Dissents. A Touch of Noir." Tony Mauro has this post at "The BLT: The Blog of Legal Times." And Mark Sherman of The Associated Press reports that "Roberts channels his inner Raymond Chandler." Both items report on a dissent from the denial of certiorari that Chief Justice John G. Roberts, Jr. issued today. "Free Press fights to protect reporter's sources": Today's edition of The Detroit Free Press contains an article that begins, "The Free Press sought Monday to prevent a former federal prosecutor from attempting to obtain the identity of a reporter's unnamed sources in a 2004 story. David Ashenfelter, who covers federal courts for the paper, has been ordered to answer questions posed by lawyers representing ex-prosecutor Richard Convertino." And The Associated Press reports that "Detroit reporter fights deposition over sources." "Dissent blocked in DeLay case, justice says; Accusation is latest twist in already political legal battle": The Austin American-Statesman today contains an article that begins, "A 3rd Court of Appeals justice is accusing Chief Justice Ken Law of refusing to file her dissent in a politically charged case involving two associates of former U.S. House Majority Leader Tom DeLay. Justice Jan Patterson, a Democrat, is asking the Texas Supreme Court to intervene." Posted at 11:57 AM by Howard Bashman Second Circuit issues decision addressing circumstances where the attorney-client privilege will be deemed waived when the advice of counsel is placed in issue: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 11:04 AM by Howard Bashman "Three face court over kangaroo t-shirts": Reuters provides a report that begins, "Three people who showed up at Singapore's supreme court in T-shirts printed with a kangaroo dressed in a judge's gown will be brought to court for contempt, Singapore's attorney general said on Tuesday." Posted at 10:52 AM by Howard Bashman "Supreme Court allows Troy Davis execution": Bill Rankin of The Atlanta Journal-Constitution provides this news update. And The Associated Press reports that "High court turns down Ga. death row inmate." "Court clears way for Davis execution": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the Supreme Court of the United States at this link. "U.S. Court of Appeals will hear cases here": This article appeared Sunday in The Buffalo News. Posted at 09:30 AM by Howard Bashman "Letters outline Nichols' escape plot; Murder suspect tells Connecticut correspondent he loves her and that they will meet after he throws off police by planting 'clues' on the Silver Comet Trail": The Atlanta Journal-Constitution contains this article today. Posted at 09:10 AM by Howard Bashman "A 'light' lawsuit: The Supreme Court should side with tobacco companies." This editorial appears today in The Los Angeles Times. Posted at 09:07 AM by Howard Bashman "Justice Ginsburg to discuss court's 'lighter side' with provost, Oct. 23": Princeton University recently issued this news release. Posted at 08:47 AM by Howard Bashman "Stuck in Hotel Guantanamo: Cleared for release, Chinese Muslim detainees deserve asylum in USA." USA Today contains this editorial today. In response, U.S. Senator Lindsey Graham (R-S.C.) has an op-ed entitled "A dangerous precedent: Releasing Uighurs into U.S. could imperil Americans, detainees." "Lawyers Criticize Quality of Guantanamo Interpreters; Fairness of Sept. 11 Trials Said to Be Undermined": This article appears today in The Washington Post. Posted at 08:37 AM by Howard Bashman "A Majority In Connecticut Poll Backs Gay Marriage Ruling": The Hartford Courant contains this article today. Posted at 08:34 AM by Howard Bashman "Staring Down the Barrel: the Rise of Guns in China; In a Nation That Bans Guns and Celebrates Them, Armed Criminals and Hunters Pose New Problems for Authorities." This article appears today in The Wall Street Journal. And yesterday at "The BLT: The Blog of Legal Times," Joe Palazzolo had a post titled "Fee Dispute in Gun Case Heats Up." "SC: MILF deal unconstitutional." Inquirer.net provides a report from the Philippines that begins, "The Supreme Court has declared unconstitutional the Memorandum of Agreement on Ancestral Domain (MOA-AD) between the government and the Moro Islamic Liberation Front (MILF)." Reuters reports that "Top Philippine court says deal with rebels illegal." And The Associated Press reports that "Top Philippine court rejects Muslim autonomy deal." "Volkswagen Wins U.S. Appeals Court Ruling Over Trial Locations": Bloomberg News provides this report. Posted at 08:09 AM by Howard Bashman "Court to hear appeals in landmark tobacco case": Hope Yen of The Associated Press has an article that begins, "The tobacco industry is asking a federal appeals panel to overturn a landmark ruling that could open the door to more lawsuits from smokers claiming they were harmed because they were deceived by cigarette companies." The case will be argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit. "Greenhouse talks Supreme Court": This article appears today in The Yale Daily News. Posted at 07:58 AM by Howard Bashman Available online from law.com: Tony Mauro has an article headlined "Can McCain or Obama Turn the Supreme Court? Legal scholars predict the outcome on key issues if a U.S. Supreme Court justice steps down in the next four years." An en banc ruling that the U.S. Court of Appeals for the Fifth Circuit issued last Friday (see my earlier coverage at this link) has resulted in articles headlined "5th Circuit Grants Mandamus on Venue Dispute in Eastern District" and "5th Circuit Ruling Shoots Down IP Rocket Docket." An article reports that "Connecticut's Same-Sex Marriage Ruling Draws on California's." And in other news, "Pa. High Court to Eye Law Firm Partnership Questions."  
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