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Thursday, November 5, 2009 "New Hampshire Suit Challenges Mortgage Blogger's Use of Anonymous Sources": The "E-Media Tidbits" blog at Poynter Online has a post that begins, "The New Hampshire Supreme Court heard oral arguments Wednesday in a lawsuit that calls into question the legal protections available to independent Web sites that cover news." Posted at 10:22 PM by Howard Bashman "2 N.C. judges nominated for 4th Circuit; Albert Diaz of Charlotte and Jim Wynn of Cary, both with military ties, could make appeals court less conservative": This article appears today in The Charlotte Observer. Posted at 10:18 PM by Howard Bashman "Gun storage law defended in state's highest court": The Boston Globe has a news update that begins, "The Middlesex district attorney's office argued today in the state's highest court that a state law that requires guns to be stored in locked containers or outfitted with trigger locks is valid. But the attorney for a Billerica man charged with keeping a gun in an unlocked carrying case said the law should be negated by a recent decision of the US Supreme Court." And The Associated Press reports that "Supreme Judicial Court hears challenge to Mass. law that requires guns to be locked in homes." "Posting deputy by defendant is OK, court rules": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A judge did not violate an Oakland man's right to a fair trial on sex and drug charges by placing a sheriff's deputy near him when he testified, the state Supreme Court ruled Thursday." You can access today's ruling of the Supreme Court of California at this link. "We Can't Execute Them: But should we lock up teens for life?" Dahlia Lithwick will have this essay in the November 16, 2009 issue of Newsweek. Posted at 08:22 PM by Howard Bashman "Note to Justices: Specter Saw You on TV." David Ingram has this post at "The BLT: The Blog of Legal Times." Posted at 08:20 PM by Howard Bashman Ninth Circuit considers whether to finally hold a super-duper en banc rehearing: Law professor Orin Kerr has the details in this post at "The Volokh Conspiracy." As the post notes, if Orin's computer crime casebook were a Ninth Circuit judge in regular active service, it would vote "yes." Posted at 06:18 PM by Howard Bashman "Supreme Court wades into mutual fund fee disparity": The Associated Press has this report. Posted at 05:30 PM by Howard Bashman By a vote of 7-4, the en banc Ninth Circuit announces a "newly stated 'abuse of discretion' test": And apparently it's even more difficult to satisfy than the "abuse of discretion" test that it replaces, which, according to the majority, provided "no effective limit on our power to substitute our judgment for that of the district court." You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Seventh Circuit decides copyright dispute involving photographs of Thomas the Tank Engine and his friends: The fictional world of Thomas the Tank Engine contains very little mention of litigation (or of FELA, for that matter). But in the real world, litigation does exist, and today's ruling of the U.S. Court of Appeals for the Seventh Circuit demonstrates that Thomas & Friends don't always end up on the winning side. Posted at 02:42 PM by Howard Bashman "Defense Lawyers in Wone Case Seek to Exclude Uncharged Conduct": Mike Scarcella has this post at "The BLT: The Blog of Legal Times." Posted at 02:30 PM by Howard Bashman In today's mail: Today's mail contained a copy of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia." And, from The Green Bag, I received a Chief Justice John G. Roberts, Jr. "Supreme Court Sluggers" baseball trading card. Federal Circuit enters "Cold War" battle: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit in Cold War Museum, Inc. v. Cold War Air Museum, Inc. at this link. "The TTABlog" previously covered the case in posts you can access here and here. And the ruling of the Trademark Trial and Appeal Board in this matter can be accessed here. "Comment decision in high court's hands": Today's edition of The Nashua Telegraph contains an article that begins, "The New Hampshire Supreme Court heard arguments Wednesday in a free-speech case that calls into question whether media outlets can protect the identities of anonymous online commenters. The case also has potentially broad implications in determining who constitutes the media in an Internet age that has blurred the line between traditional news outlets and bloggers or citizen journalists." Posted at 08:07 AM by Howard Bashman "Court should prevent use of Prop. 9 to take beach": J. David Breemer has this op-ed today in The Houston Chronicle. Posted at 08:04 AM by Howard Bashman "Top court to hear teacher e-mail dispute next week": The Wisconsin Rapids Daily Tribune contains this article today. Posted at 08:03 AM by Howard Bashman "$2.3 million or $800,000 the question in court; Justices consider whether new law applies to contingency fee": Today's edition of The Las Vegas Review-Journal contains an article that begins, "A voter initiative that fundamentally altered medical malpractice litigation in Nevada was the basis of an appeal heard last week by a panel of Nevada Supreme Court justices." Posted at 07:58 AM by Howard Bashman "Lawyers fight law on sex offenders before Ohio Supreme Court": This article appears today in The Columbus Dispatch. Posted at 07:55 AM by Howard Bashman "Former NM high court chief dies during speech": The Associated Press has a report that begins, "Former state Supreme Court Chief Justice Gene Franchini has died while addressing first-year law students at the University of New Mexico. KOB-TV reported that Franchini was giving his annual speech on ethics and the role of a judge Wednesday evening when he collapsed." And KOB-TV reports that "Former state Chief Justice dies giving lecture at UNM." "Butler faces pointed queries at confirmation hearing": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Judge Louis Butler was ready with a quip at his judicial confirmation hearing Wednesday when a Republican senator asked him about losing two elections for Wisconsin Supreme Court." Posted at 07:48 AM by Howard Bashman "Women begin to dominate state appellate courts": This article appears today in The Pittsburgh Tribune-Review. Posted at 07:40 AM by Howard Bashman "Calif. Justices Seem OK With DNA-Based Warrant": law.com has this report. Posted at 07:38 AM by Howard Bashman "Justices, in Aftermath of 2 Murder Cases, Hear Claims of a Process Gone Wrong": Adam Liptak has this article today in The New York Times. Today in USA Today, Joan Biskupic has an article headlined "High court weighs lawsuits against prosecutors; Roberts: Claims could have a 'chilling effect.'" The Omaha World-Herald reports today that "Court weighs legal shield." The Des Moines Register reports that "Court reviews Iowa prosecutors' immunity." law.com's Tony Mauro reports that "High Court Justices Weigh Tradition of Prosecutorial Immunity Against Potential Civil Rights Violations." And the web site of Time magazine has an article headlined "When Is It Legal To Frame A Man For Murder?" "Analysis: Democrats have short memory on judges." The Associated Press has a report that begins, "Ten months into Barack Obama's presidency, Democrats are accusing Republicans of creating 'a dark mark on the Senate' by delaying confirmation of his federal court nominees." Posted at 07:20 AM by Howard Bashman  
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