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Friday, November 30, 2007 Available online from law.com: The brand new installment of my "On Appeal" column is headlined "2nd Circuit Offers Glimpse of Federal Courts' Recusal Process." And Brian Wommack has an essay entitled "Let the People See Justice: For the good of the nation, the Supreme Court's oral arguments belong on television." "Stolt-Nielsen S.A. Wins Amnesty Agreement Case Against the DOJ Antitrust Division": Reuters provides this report. And Dow Jones Newswires report that "Stolt-Nielsen Case Is Dismissed." My earlier coverage appears at this link. "[W]e hold that ... the prosecutor must inform the grand jury whenever the accused clearly and unconditionally indicates to the state that he or she desires to testify before the grand jury." So holds the Supreme Court of Alaska in a decision issued today. Thanks to a reader in Juneau for the pointer. Posted at 05:25 PM by Howard Bashman "Sixth Circuit going en banc on acquitted conduct enhancements!" Doug Berman has this post at his "Sentencing Law and Policy" blog. Posted at 05:00 PM by Howard Bashman U.S. District Court for the Eastern District of Pennsylvania enforces amnesty agreement in favor of Stolt-Nielsen S.A. and against the Antitrust Division of the U.S. Department of Justice by dismissing the criminal indictment against that company and two of its executives: In response to the ruling, the company issued this press release. I have posted online both the trial court's memorandum opinion and the trial court's findings of fact and conclusions of law. "My colleagues should shut up!" The "Washington Whispers" blog of U.S. News & World Report attributes that quote to Justice Clarence Thomas, speaking Wednesday night at Hillsdale College in Michigan. "The Lede" blog of The New York Times notes the quote today in a post titled "Clarence Thomas's Case for Shutting Up." On November 8, 2007, the blog "DailyWrit" had this post purporting to chart how often each Justice starts speaking (although not the volume of what they are saying or its relative value). A PDF version of the chart can be accessed here. Update and correction: Although Hillsdale College hosted the event at which Justice Thomas made these remarks, his talk took place at a hotel in Washington, DC. C-SPAN aired Justice Thomas's remarks on the December 22, 2007 broadcast of "America and the Courts," and you can view that broadcast by clicking here (RealPlayer required). U.S. Court of Appeals chief judge trivia contest -- an answer to question two: Question two -- the most difficult of my four questions -- asked: "The U.S. Courts of Appeals came into existence in 1891 pursuant to the Evarts Act. When was the most recent earlier time, if ever, that the chief judges of the U.S. Courts of Appeals had all been appointed by Presidents from the same political party? For extra credit, identify each of the times this has happened between 1891 and today (assuming that this has ever happened before)." Reader Jason McNamara emailed to correctly note that in 1981 -- between April 6th when Fourth Circuit Chief Judge Clement F. Haynsworth, Jr. took senior status, making Harrison L. Winter the chief judge of that court, and October 1st, when the creation of the Eleventh Circuit caused Charles Clark to become chief judge of the Fifth Circuit -- all of the chief judges of the U.S. Courts of Appeals had been appointed to those courts by Democratic presidents. May a plaintiff obtain a jury trial of a lawsuit removed to federal court pursuant to the Foreign Sovereign Immunities Act if the foreign-government instrumentality becomes privatized before the case reaches trial? In an interesting ruling issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, Judge Richard A. Posner concludes that a lawsuit removed to federal court solely based on the FSIA should not be tried to a jury even if the foreign sovereign defendant ceases to be a foreign sovereign before the time of trial. The case was argued earlier this month, and you can download the oral argument audio via this link (7.14MB mp3 audio file). Just visiting: The U.S. Court of Appeals for the Federal Circuit today posted the following announcement to its web site: "Since September 2006, eighteen judges from circuit and district courts around the country have sat with the Federal Circuit. A list of the visiting judges who have sat with the court can be seen here." No word yet on whether this experiment has caused U.S. District Judges in general to feel better about the Federal Circuit. Posted at 12:44 PM by Howard Bashman Thanks to everyone who emailed answers in response to this morning's "U.S. Court of Appeals chief judge trivia contest": The correct answers to questions one and three, and what I believe to be the correct answer to question four, appear in the two posts immediately below. Thus far, however, I've received only one attempt at guessing the correct answer to the most difficult of the four questions -- question two. Noting that later today all thirteen chief judges of the U.S. Courts of Appeals will have been appointed to those courts by Republican presidents, question two asked: "The U.S. Courts of Appeals came into existence in 1891 pursuant to the Evarts Act. When was the most recent earlier time, if ever, that the chief judges of the U.S. Courts of Appeals had all been appointed by Presidents from the same political party? For extra credit, identify each of the times this has happened between 1891 and today (assuming that this has ever happened before)." The only person thus far to hazard a guess at the answer to this question was the aforementioned reader based in New York City who asked not to be identified further. That reader emailed, "I think the answer to 2 might be never, given FDR's lack of appointments to the 4th and Eisenhower's lack of appointments to the 3rd." U.S. Court of Appeals chief judge trivia contest -- the answer to question four: Question four asked: "Using the same assumption provided for question 3, which of the U.S. Courts of Appeals would be the first to have a chief judge who was appointed to that court by President George W. Bush?" Reader John Bledsoe was the first to correctly respond that George W. Bush appointee William J. Riley stands to become Chief Judge of the U.S. Court of Appeals for the Eighth Circuit in 2010. U.S. Court of Appeals chief judge trivia contest -- answers to questions one and three: Question one asked: "Assuming that Alex Kozinski serves a full seven-year term as chief judge of the Ninth Circuit, which Ninth Circuit judge would become the Ninth Circuit's chief judge seven years from today?" In response, reader David K. Neidert writes, "I believe the answer to Question 1 is Sidney Thomas (and if the circuit was split with California, Hawaii, and Territorial Islands in the 9th and everyone else in the new 12th) then Kim McClain Wardlaw would be Chief Judge of the Ninth and Thomas Chief Judge of the 12th (assuming all judges went to the Circuit containing their respective states)." Question three asked: "Assume that, after Alex Kozinski becomes the Ninth Circuit's chief judge later today, each chief judge of the U.S. Courts of Appeals remains in his or her post until statutorily required to vacate the chief judgeship. Which of the U.S. Courts of Appeals would then be the first to have a chief judge who was appointed to that court by President William J. Clinton?" My "20 questions for the appellate judge" interview with Tenth Circuit Chief Judge Deanell Reece Tacha states that she became chief judge of that court on January 26, 2001. Assuming that First Circuit Chief Judge Michael Boudin's seven-year tenure does not expire earlier than that in 2008, then the first Clinton appointee to become a chief judge of a U.S. Court of Appeals will be Tenth Circuit Judge Robert H. Henry. In the unlikely event that Chief Judge Boudin's term ends before Chief Judge Tacha's, then First Circuit Judge Sandra L. Lynch would be the first Clinton appointee to become a chief judge of a U.S. Court of Appeals. A reader based in New York City who asked not to be identified further was the first to email Judge Henry as the correct answer to this question. Update: The July 2001 issue of The Third Branch newsletter states that Boudin became the First Circuit's chief judge in June 2001. Accordingly, the correct answer to this question is Judge Henry of the Tenth Circuit. U.S. Court of Appeals chief judge trivia contest: Later today, after Alex Kozinski becomes chief judge of the U.S. Court of Appeals for the Ninth Circuit, each of the thirteen U.S. Courts of Appeals will have a chief judge who was appointed to his or her current court by a Republican President. President Ronald Reagan is responsible for nine of those appointments, while President George H.W. Bush appointed the people who currently serve as chief judges of the First, Second, Fourth, and Eighth Circuits. The qualifications for becoming the chief judge of a U.S. Court of Appeals, and for determining how long someone can continue to serve as chief judge, are set forth in 28 U.S.C. sec. 45. As noted in this recent Ninth Circuit press release, "The chief judge is the judge in regular active service who is senior in commission of those judges who are (1) 64 years of age or under; (2) have served for one year or more as a circuit judge; and (3) have not served previously as chief judge." And, if another judge then meets the qualifications to assume the post of chief judge, the person serving as chief judge must step down from that post after having served as chief judge for seven years or on reaching the age of 70, whichever comes first. Here are some chief judge trivia questions: 1. Assuming that Alex Kozinski serves a full seven-year term as chief judge of the Ninth Circuit, which Ninth Circuit judge would become the Ninth Circuit's chief judge seven years from today? 2. The U.S. Courts of Appeals came into existence in 1891 pursuant to the Evarts Act. When was the most recent earlier time, if ever, that the chief judges of the U.S. Courts of Appeals had all been appointed by Presidents from the same political party? For extra credit, identify each of the times this has happened between 1891 and today (assuming that this has ever happened before). 3. Assume that, after Alex Kozinski becomes the Ninth Circuit's chief judge later today, each chief judge of the U.S. Courts of Appeals remains in his or her post until statutorily required to vacate the chief judgeship. Which of the U.S. Courts of Appeals would then be the first to have a chief judge who was appointed to that court by President William J. Clinton? 4. Using the same assumption provided for question 3, which of the U.S. Courts of Appeals would be the first to have a chief judge who was appointed to that court by President George W. Bush? Answers to these trivia questions can be sent to me via email. Each person who is the first to respond correctly to any question will be identified by name here at "How Appealing" unless the person asks not to be so identified, in which case some other more generalized description will be used. Update: Since this post was published, I have received answers to each of these questions from various readers. Scroll up to access the posts in which I've published those answers. "The 9th Circuit's new No. 1: Judge Alex Kozinski may have to temper some of his eccentricities to lead the such a complex court." Law Professor Carl Tobias has this op-ed today in The Los Angeles Times. "How Appealing" takes this pre-breakfast (at least on the west coast) opportunity to wish soon-to-be Chief Judge Alex Kozinski a fulfilling and successful tenure in that post. As someone once said, "Don't hate the player." "Whose right to bear arms?" Columnist Paul Greenberg has this op-ed today in The Washington Times. Posted at 09:28 AM by Howard Bashman "Splenda maker getting legal vitriol from sugar firms; A court in L.A. will hear a false-advertising suit; Defendant says buyers know the sweetener is not truly natural": This article appears today in The Los Angeles Times. Posted at 09:25 AM by Howard Bashman "Panel Rebuffs White House Privilege Claim": The New York Times today contains an article that begins, "The Senate Judiciary Committee inched forward Thursday in its struggle with the White House over subpoenas demanding information from current and former Bush administration officials about the firing of several United States attorneys last year." And The Washington Times reports today that "Leahy rejects claim of privilege." "A Case of Trial Lawyers v. Trial Lawyers; Largest Association Sues Upstart, Asserting Ownership of Discarded Acronym": The Washington Post contains this article today. Posted at 09:10 AM by Howard Bashman "A Mixed Blessing for Aspiring Lawyers; High Tuition and Debt Lure Graduates Toward High Pay, Away from Public Service Jobs": This front page article appears today in The Washington Post. Posted at 09:04 AM by Howard Bashman "A Landscaper Is Mauled, and an Outpouring of Sympathy Goes to the Dog": The New York Times today contains an article that begins, "It's man versus beast in Princeton, and the town is in an uproar over a dog on death row. The curious case of Congo, an 85-pound German shepherd sentenced to die for attacking a Honduran landscaper, is making its way through New Jersey's courts." The Trenton Times has provided extensive coverage of this matter in articles headlined "Dog's fate devastates family; Judge orders shepherd destroyed after vicious attack"; "A different view of dog attack; Animal control officer says shepherd was unprovoked"; "Canine's plight stirs up emotions; Rally planned for today as lawsuits, threats ensue"; "No reprieve for Congo; Local judge upholds his decision to have 'vicious' dog destroyed"; "Police: Congo not provoked; Report does not mention owner pulled to ground"; "Congo goes home; Dog released to his family pending appeal of death sentence"; "Congo to get his day in State House"; and "Canine violence bill introduced." "Appeals Court Voids Agreement to Pay Freelancers for Work Published on the Web": This article appears today in The New York Times. Reuters reports that "Court throws out freelance writers' settlement." And Dow Jones Newswires report that "US Appeals Court Vacates Freelancers-Database Operators Pact." My earlier coverage of yesterday's Second Circuit ruling and the accompanying recusal-related decision from two of the three judges on the panel appears at this link. Available online from law.com: Tony Mauro reports that "Chief Justice Declines to Provide Health Update." And Marcia Coyle has an article headlined "High Stakes for Regulated Industry in Supreme Court Pre-emption Cases." "A New Push to Roll Back 'Don't Ask, Don't Tell'": The New York Times today contains an article that begins, "Marking the 14th anniversary of legislation that allowed gay men and lesbians to serve in the military but only if they kept their orientation secret, 28 retired generals and admirals plan to release a letter on Friday urging Congress to repeal the law." Posted at 08:35 AM by Howard Bashman "Court tells cops: Return medical marijuana if drug charges dropped." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Police who confiscate medical marijuana must give it back when drug charges against the user are dismissed, a state appeals court has ruled in a case that could settle a hotly disputed issue of conflicting state and federal drug laws." The New York Times reports today that "Court Orders Police to Return Marijuana." Thursday's edition of The Orange County Register reported that "Court orders Garden Grove police to return pot; Ruling by state appeal judges is a win for medical marijuana patients, advocates say." And The Recorder contains an article headlined "Court to City: Return Pot User's Stash." Associate Justice William W. Bedsworth of California's Fourth District Court of Appeal wrote the decision on behalf of a unanimous three-judge panel. Justice Bedsworth was the June 2004 interviewee in this blog's "20 questions for the appellate judge" feature. He also writes a column called "A Criminal Waste of Space" for the Orange County Lawyer magazine. "How Scruggs Case Came Together: Judge Helped Probe After He Says Bribe Was Offered to Him." Ashby Jones and Peter Lattman have this article today in The Wall Street Journal. That newspaper also contains an editorial entitled "The Trial Bar on Trial." And in other coverage, The Los Angeles Times today contains an article headlined "Katrina lawyer at the eye of a storm; Richard Scruggs' clients wonder what his indictment may mean for the scores of pending cases against their insurance carriers." "Van Hollen has ties to case; Business lobby spent millions on attorney general, Ziegler in elections": The Milwaukee Journal Sentinel today contains an article that begins, "Attorney General J.B. Van Hollen did not withdraw from a state Supreme Court case that was partially bankrolled by a group that spent $2.5 million to get him elected last year. The tax case has generated scrutiny because the same group, business lobbyist Wisconsin Manufacturers & Commerce, spent more than $2 million to elect Annette Ziegler to the Supreme Court in April. Ziegler has remained on the case." Posted at 08:03 AM by Howard Bashman Thursday, November 29, 2007 New state high court justices on the way in Minnesota and Washington: The Minneapolis Star Tribune reported yesterday that "For high court, Pawlenty picks a friend; New Justice Christopher Dietzen helped defend his longtime acquaintance in a 2002 campaign controversy." And The Associated Press reports that "Gov. Gregoire looking for a Supreme Court justice." "Court to weigh disability pay for psychological harm": The Courier-Post of Cherry Hill, New Jersey today contains an article that begins, "Racism, terror and abuse came before the state Supreme Court Wednesday in three compelling cases that are really about on-the-job calamity, though the court's decision will affect legions and could cost taxpayers a bundle." And The Newark (N.J.) Star-Ledger on Monday previewed the oral argument in an article headlined "Disability benefits for mental ills asked; 3 law enforcement officers pursue suits." "A fairer approach to teen sex sentencing; Judges need leeway in non-predator cases": This editorial appears today in The Atlanta Journal-Constitution. Posted at 09:58 PM by Howard Bashman "This case raises First Amendment questions about limiting the participation of non-voters at a New England town meeting." So begins an opinion that the U.S. Court of Appeals for the First Circuit issued today. According to the opinion, "The New England town meeting is a special form of government dating back to the colonial era and often considered an exemplar of pure democracy." At stake in the decision is whether property owners who pay taxes on their land but who are registered to vote elsewhere are entitled to the same right to speak as voters who live in the town of Egremont, Massachusetts. The First Circuit answers "no." That court's opinion explains: "The [plaintiffs] are not registered to vote in Egremont and therefore are not town meeting legislators. The First Amendment does not give non-legislators the right to speak at meetings of deliberating legislative bodies, regardless of whether they own property or pay taxes." "Capano's federal appeal assigned to judge in Philly": The News Journal of Wilmington, Delaware provides an update that begins, "Tom Capano's federal appeal of his murder conviction has been assigned to the chief judge of the federal court in Philadelphia. According to the federal docket in Wilmington, Chief District Judge Harvey Bartle III accepted assignment to the case by e-mail on Nov. 26. Bartle took the case at the request of U.S. Third Circuit Chief Judge Anthony J. Scirica after all three judges in the Delaware district recused themselves from hearing the matter." Posted at 04:50 PM by Howard Bashman "Paterno Earns More Than $500,000 a Year": According to this article from The Associated Press, "The State Employees' Retirement System released Paterno's salary Thursday, more than a week after the Pennsylvania Supreme Court ruled that his salary and other top Penn State officials are public information." This blog's earlier coverage of that ruling appears at this link. "Butler late to reveal tie to case; Attorney served on campaign panel, justice says, after reporters ask": The Milwaukee Journal Sentinel today contains an article that begins, "State Supreme Court Justice Louis Butler did not immediately disclose that an attorney appearing before the court sat on his campaign finance committee and contributed $500 to his election effort, despite his policy of making such matters public." Yesterday's newspaper contained a related article headlined "Ziegler to hear tax case funded by election supporter; State hasn't asked justice to step aside." In addition, today's newspaper contains an editorial entitled "Step aside in this case: State Supreme Court Justice Annette Ziegler should recuse herself from a tax case that involves a major contributor, but Justice Louis Butler needs to do some soul-searching, too." "Georgia ruling on sex offenders prompts other states, including Missouri, to re-examine laws": This article appears today in The Kansas City Star. Posted at 03:22 PM by Howard Bashman Divided three-judge Ninth Circuit panel holds that the DNA Analysis Backlog Elimination Act of 2000 remains constitutional even after Congress expanded that law in 2004 to include as qualifying offenses all felonies: You can access today's ruling at this link. Senior Circuit Judge Betty B. Fletcher dissented in an opinion that begins, "The majority holds, with an air of shrugging inevitability, that without a warrant, without probable cause, indeed without any suspicion whatsoever, the federal government may seize and repeatedly search the DNA of all federal felons on supervised release, regardless of their offense or their likelihood to re-offend. They sanction the inclusion of that DNA in a massive and permanent computer database, the sole purpose of which is to aid generalized criminal investigation. This offends not only the Fourth Amendment but our precedents. I respectfully dissent." "The precise issue on appeal is whether the District Court had jurisdiction to certify a class consisting of claims arising from the infringement of unregistered copyrights and to approve a settlement with respect to those claims. We hold that it did not." So holds the majority on a divded three-judge panel of the U.S. Court of Appeals for the Second Circuit in a ruling issued today. The case in which the decision issued is captioned In re: Literary Works in Elec. Databases Copyright Litig. Also today, two of the three judges on that panel joined in a separate opinion explaining why they chose not to recuse from deciding that case even though they very likely were members of the putative class whose claims were subject to the settlement in question. One of the two judges joined in the majority opinion dismissing the case for lack of federal subject-matter jurisdiction, while the other dissented from that outcome. Before deciding what to do, these two judges sought the views of the Committee on Codes of Conduct of the Judicial Conference of the United States, which apparently recommended that both judges recuse. "U.S. Trial Lawyers, Back on Offense, Take On Railroads, China": Bloomberg News provides this report. Posted at 09:40 AM by Howard Bashman "Death is human cost of misreading 2nd Amendment": Columnist Xan White has this op-ed today in The Yale Daily News. Posted at 09:17 AM by Howard Bashman "U.S. judge orders Bush to release records of telecom firm contacts": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge in San Francisco ordered the Bush administration Wednesday to release records of any recent lobbying contacts with telecommunications companies by Dec. 10, in time for a congressional debate on the president's push to protect the firms from suits over electronic surveillance." My most recent earlier coverage appears at this link. "Whose castle? Surprise visits to the homes of welfare applicants in San Diego County are proper and justified." This editorial appears today in The Los Angeles Times. Posted at 09:05 AM by Howard Bashman "NY Man Fights for Anti-Osama Plates": The Associated Press provides a report that begins, "A retired police officer is seeking a court order to force the state Department of Motor Vehicles to drop its demand that he return vanity license plates calling for the capture or death of Osama bin Laden." And The New York Post reported yesterday that "'GETOSAMA' plate man sues DMV." "5th Circuit Council Pressed to Pursue Sex Harassment Complaint Against Federal Judge": Texas Lawyer provides a report that begins, "The woman who alleges that U.S. District Judge Samuel B. Kent of Galveston, Texas, sexually harassed her wants the 5th Circuit Judicial Council to take further action." Posted at 08:33 AM by Howard Bashman "Alleged Nazi Guard Appeals Deportation": The Associated Press provides a report that begins, "Three decades after the federal government began trying to deport a former autoworker accused of helping murder Jewish prisoners in Nazi death camps, his lawyer says his last fight may be at hand. The 6th U.S. Circuit Court of Appeals scheduled oral arguments for Thursday on John Demjanjuk's challenge of a final removal order by an immigration judge." Posted at 08:30 AM by Howard Bashman "Supreme Court Weighs Maine's Tobacco Law": Linda Greenhouse has this article today in The New York Times. And David G. Savage of The Los Angeles Times reports that "Supreme Court weighs Internet sales regulation; The Bush administration opposes restrictions favored by states to prevent minors from buying cigarettes and other products on the Web." Why is this page loading more slowly than usual this morning? If you are having to wait longer than usual for the blog posts on this page to appear on your computer monitor this morning, the law.com headline box in the upper right-hand corner of this page is to blame. It seems that the law.com site is having some problems today, and those problems are why it is taking this page significantly longer than usual to appear. The good news, such as it is, is that those problems do not prevent me from updating this site at my usual rate, so new posts will continue to appear quite regularly for those willing to endure the extra time it is taking for this page to refresh. "5th Circuit extends limits on student speech": Douglas Lee has this essay online at the First Amendment Center. My earlier coverage of last week's Fifth Circuit ruling appears at this link. Wednesday, November 28, 2007 "Massive apartheid case on way to the Court": Lyle Denniston has this post at "SCOTUSblog." Last month, I had this post reporting on the Second Circuit's ruling in the case. As Lyle notes in his post, yesterday the same three-judge Second Circuit panel issued an order explaining why the majority had denied a stay of its ruling. Yesterday's order also includes a dissent from the denial of a stay. In today's edition of The Atlanta Journal-Constitution: The newspaper contains articles headlined "Gory abortion banners stir passions" and "Prosecutor sides with sex offender." Posted at 08:30 PM by Howard Bashman "Maine's Tobacco-Delivery Law Faces Test": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 08:22 PM by Howard Bashman "Government ordered to release documents in controversial death": Geoffrey Fattah of The Deseret Morning News has an update that begins, "On the same day that the federal government moved to block the release of a sensitive government report to a Salt Lake City attorney, the 10th Circuit Court of Appeals rejected the motion to stay and ordered the government to release the documents. Judges with the 10th Circuit were swift in their action, filing an order denying the government's motion to stay pending an appeal of the court's decision to the U.S. Supreme Court, within hours of receiving the motion." And Pamela Manson and Robert Boczkiewicz of The Salt Lake Tribune have a news update headlined "DOJ bid to delay Trentadue probe disclosure going nowhere fast." My earlier coverage of this case appears here and here. "Judge: Feds Must Release Telecom Records." The Associated Press provides a report that begins, "An electronic privacy group challenging President Bush's domestic spying program scored a minor victory when a judge ordered the federal government to release information about lobbying efforts by telecommunications companies to protect them from prosecution." In response to yesterday's order of the U.S. District Court for the Northern District of California, the organization Electronic Frontier Foundation issued a news release entitled "EFF Wins Fast-Track Release of Telecom Lobbying Records; Judge Cancels Friday Hearing, Orders Government to Comply by December 10." Access online today's U.S. Supreme Court oral argument transcript in Rowe v. New Hampshire Motor Transp. Assn., No. 06-457: The Court has posted the transcript at this link. Posted at 04:00 PM by Howard Bashman "An Enigmatic Court? Examining the Roberts Court As It Begins Year Three." This event was held at the Pepperdine University School of Law on the afternoon of October 19, 2007. The very serious wildfires in Malibu, California soon thereafter caused that law school's web site to go off-line for a while. That law school's web site has since come back online, and now it provides access to video of the event. All of the video segments can be accessed via this link. For those who wish to access the video segments directly, you can do so using the following links (Windows Media Player is required to launch these video segments): Part One: "Overview of the Roberts Court" (1 hour and 41 minutes) featuring USA Today Supreme Court correspondent Joan Biskupic; Law Professor Jeffrey Rosen; Law Professor Douglas Kmiec; Law Professor Vikram Amar; Law Professor Kathleen Sullivan; and Dean Kenneth Starr. Part Two: "Roundtable on the work of the Roberts Court in its first two terms" (17 minutes). Part Three: "Supreme Court reasoning on trial" (1 hour and 21 minutes) featuring Ninth Circuit Judges Stephen Reinhardt and Diarmuid F. O'Scannlain, in a mock trial of the reasoning of the Court's decision in Parents Involved v. Seattle School District Number 1. Part Four: "Roundtable on the Roberts effort at consensus, competing methods of constitutional interpretation, judicial personalities, and a quick look at the current docket" (51 minutes). How much in attorneys' fees should it cost to handle an appeal? Obviously, there's no one-size-fits-all answer to that question. But today, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit authorized the recovery of approximately $63,000 in attorneys' fees for defending on appeal a copyright and trademark infringement judgment relating to everyone's favorite farting plush doll, "Pull My Finger Fred." You can access today's ruling at this link. Back on March 20, 2007, I had this post reporting on the Seventh Circuit's earlier merits-related ruling in this case. And the very next day, I had this post providing online access to the appellate briefs and oral argument audio. "Bonds' perjury case goes to BALCO judge": This article appears today in The San Francisco Chronicle. Today in The San Jose Mercury News, Howard Mintz reports that "Bonds case given to new judge; Illston in familiar territory: Handled BALCO prosecutions." And The Associated Press reports that "Barry Bonds Perjury Case Is Transferred." "US raid on factory criticized by court; Callous handling of workers cited": The Boston Globe today contains an article that begins, "Add a federal appeals court to those criticizing how the government handled the March arrest of 361 immigrant workers at a New Bedford leather-goods factory." And The Providence (R.I.) Journal reports today that "Dismissal of raid lawsuit upheld." You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link. "Motormouth: Geoffrey Fieger's fiery tongue has earned him millions; Now it could cost the Detroit Lawyer his career." Terry Carter has this article in the December 2007 issue of ABA Journal magazine. Posted at 01:38 PM by Howard Bashman "The ABA Journal Blawg 100": ABA Journal magazine has issued its "Blawg 100" list. The complete list can be accessed here. Via this link, you can vote for your favorite blawgs in various categories. Votes for "How Appealing" may be cast in the "Generally Speaking" category. And a feature titled "ForeBlawggers: Seven lawyers who started the blawg revolution" includes photos of the bloggers. On a related note, Denise Howell's "Bag and Baggage" blog is today celebrating its sixth birthday. Happy blawgiversary, Denise! "Court Skeptical of Maine Tobacco Law": Pete Yost of The Associated Press provides this report. And Dow Jones Newswires report that "Maine Tobacco Shipping Law Gets Little Sympathy At High Court." "Cover-up case is appealed": Today in The Deseret Morning News, Geoffrey Fattah has an article that begins, "A Salt Lake City attorney will not be getting access to a sensitive government report regarding the mysterious death of his brother in a federal facility anytime soon. A week after the 10th Circuit Court of Appeals rejected the U.S. government's request to reconsider its decision allowing attorney Jesse Trentadue access to the conclusions of an investigation into accusations of a cover-up, attorneys for the President's Council on Integrity and Efficiency filed on Tuesday a motion to stay the court's order, pending an appeal to the U.S. Supreme Court." My earlier coverage of this case appears here and here. "Attorney Yagman sentenced to 3 years for tax evasion, fraud; Convicted of fraud and tax evasion, the lawyer known for taking on the LAPD says government wants to destroy him": This article appears today in The Los Angeles Times. And The Associated Press reports that "High-Profile Lawyer Sentenced for Taxes." "Former N.C. Chief Justice Takes Up Prisoner's Case; Retired Jurist May Argue Before Former Colleagues on Behalf of Man Convicted With Faulty Science": The Washington Post today contains an article that begins, "A North Carolina man who was convicted of murder two decades ago with the help of now-discredited FBI scientific testimony took his quest for a new trial to the state's Supreme Court yesterday -- and enlisted the court's former chief justice to argue on his behalf." The News & Observer of Raleigh, North Carolina reports today that "New trial request hinges on confession; Bullet analysis also called invalid." And The Fayetteville Observer reports that "Lawyers make push for Hunt's innocence." Removal ordered for judge to whom unclaimed cell phone = trip to prison cell: The New York Times reports today that "Panel Rebukes Judge, Citing 'Lunacy' in Court." The Niagara Gazette reports today that "Restaino ordered removed; Commission cites abuse of judicial power in March 2005 incident." The Buffalo News reports that "Restaino ordered removed as Niagara Falls judge; Commission says he abused power." And The New York Law Journal reports that "Judge's Removal Recommended for Prolonged Tirade Over Courtroom Cell Phone." You can access the decision of the New York State Commission on Judicial Conduct at this link. "Supreme Court Is Referee in Delaware River Fight": Linda Greenhouse has this article today in The New York Times. The Philadelphia Inquirer reports today that "Supreme Court hears riverfront arguments; Advocates for N.J. and Del. addressed issues over a planned LNG facility." The News Journal of Wilmington, Delaware reports that "Del., N.J. go to Supreme Court; Justices quiz lawyers over long-running boundary dispute." The Newhouse News Service reports that "Court skeptical on LNG case." And law.com's Tony Mauro reports that "States Spar Over River Rights at High Court." "A Loss for Privacy Rights": The New York Times today contains an editorial that begins, "The Constitution protects individuals against unreasonable searches, but for this protection to have practical meaning, the courts must enforce it. This week, the Supreme Court let stand a disturbing ruling out of California that allows law enforcement to barge into people's homes without a warrant. The case has not prompted much outrage, perhaps because the people whose privacy is being invaded are welfare recipients, but it is a serious setback for the privacy rights of all Americans." Posted at 08:45 AM by Howard Bashman "Court to release same-day recordings of detainee cases": Joan Biskupic has this article today in USA Today. Posted at 08:37 AM by Howard Bashman "Al-Arian Lawyers Brace for New Contempt Charge": Josh Gerstein has this article today in The New York Sun. Posted at 08:35 AM by Howard Bashman "Right judge for sex case investigation?" Today in The Houston Chronicle, columnist Rick Casey has an op-ed that begins, "Chief Judge Edith Jones of the 5th U.S. Circuit Court of Appeals has held a key position in the controversial disciplining of U.S. District Judge Samuel Kent." And today's edition of The Galveston County Daily News reproduces a letter (fifth item) to the ranking Republican on the U.S. House Judiciary Committee from W. Chris Peden, a Republican candidate for U.S. Congress from Friendswood, Texas. The letter begins, "I am writing to ask you to support an impeachment inquiry into the conduct of Galveston’s former District Judge, Samuel B. Kent." "A Choose Life plate for Illinois?" Columnist Phil Kadner has this op-ed today in The Southtown Star. A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard oral argument in the case yesterday, and you can download the oral argument audio via this link (10.1MB mp3 file). The three-judge panel consisted of Circuit Judges Daniel A. Manion, Terence T, Evans, and Diane S. Sykes. During the oral argument, Judge Evans mentions his own sports-related specialty license plate. In advance of the oral argument, the Thomas More Society issued a press release headlined "'Choose Life' Specialty License Plates Go Before U.S. Court of Appeals Today; Three-Judge Panel to Hear Illinois Secretary of State Jesse White's Appeal of Lower Court Order to Begin Producing 'Choose Life' Plates." That organization has also posted online the parties' appellate briefs, and you can access them via this link. In January 2007, I had this post reporting on the federal district court's ruling in this case. "A test of Maine regulations on Internet tobacco sales to minors; The US Supreme Court on Wednesday weighs whether the state law impedes interstate shipping": Warren Richey has this article today in The Christian Science Monitor. Pete Yost of The Associated Press reports that "Court Considers Internet Tobacco Sales." And Stateline.org reports that "Tobacco case could limit state powers." "Divorce, Religion, and Circumcision: What A Conflict Tells Us About Parental Rights." Sherry F. Colb has this essay online today at FindLaw. Posted at 07:50 AM by Howard Bashman Tuesday, November 27, 2007 "Court Criticizes Mass. Immigration Raid": This article from The Associated Press reports on a ruling that the U.S. Court of Appeals for the First Circuit issued today. Posted at 10:42 PM by Howard Bashman "No right to remain silent: Supreme Court gives cops the power to ignore your right to keep your mouth shut." Law Professor Alan Young has this article in the current issue of NOW Magazine of Toronto. You can access the recent ruling in question of the Supreme Court of Canada by clicking here. "Justice Department might fight Trentadue all the way to Supreme Court": Today in The Salt Lake Tribune, Pamela Manson has an article that begins, "The U.S. Department of Justice wants an appeals court to delay an order requiring it to disclose the details of an investigation into the death of a federal prison inmate. Government lawyers said they need time to decide whether to ask the U.S. Supreme Court to overturn the order." And today in The Deseret Morning News, Geoffrey Fattah reports that "Feds lose round in cover-up case; Court backs Utahn in quest for records on brother's death." My earlier coverage of the Tenth Circuit's ruling appears at this link. "Filipino justice touts growth: High court chief speaks in law conference": Wednesday's edition of The Pacific Daily News of Guam contains an article that begins, "The Pacific Judicial Council's Judicial Conference and Legal Institute continued yesterday with a keynote address from Supreme Court of the Philippines Chief Justice Renato Puno." Posted at 10:20 PM by Howard Bashman "Protocol For Oral Argument Hearing in United States v. Nacchio on December 18, 2007": The U.S. Court of Appeals for the Tenth Circuit issued this order today. The prosecution and the defense are each allowed one Nacchio cheese joke per side during the oral argument. Posted at 09:12 PM by Howard Bashman Making a mockery out of the use of John Doe: A reader based in New York City emails: Here's one to appeal to your intrepid reporter streak.If any of this blog's readers wish to weigh in on this matter, feel free to contact me via email. Posted at 08:28 PM by Howard Bashman "Judge ordered removed from bench over cell phone flap": The Buffalo News provides an update that begins, "A state panel has ordered City Judge Robert M. Restaino removed from the bench for jailing 46 defendants after a cell phone rang in his courtroom and no one would admit to owning it. The Commission on Judicial Conduct, in a ruling released today, voted 9-1 to take Restaino off the job." The Associated Press reports that "Judge Removed Over Cell Phone Jailing." And the "City Room" blog of The New York Times has a post titled "A Judge's 'Inexplicable Madness' Over a Cellphone." You can access the decision of the New York State Commission on Judicial Conduct at this link. Eleventh Circuit grants rehearing en banc in case where a divided three-judge panel of that court had ordered a trial on a Section 2 vote dilution claim from Glades County, Florida: You can access today's order granting rehearing en banc at this link. My post from July 2007 reporting on the three-judge panel's now vacated decision can be accessed here. The U.S. Court of Appeals for the Ninth Circuit attempts to prepare itself for Chief Judge Alex Kozinski: The Ninth Circuit's Public Information Office has issued a news release entitled "Gavel Passing to Mark Changing of the Guard for Ninth Circuit Court of Appeals." At least Judge Kozinski was able to sneak some humor into the news release: "The chief judge of the circuit assumes the position based on seniority. The chief judge is the judge in regular active service who is senior in commission of those judges who are (1) 64 years of age or under; (2) have served for one year or more as a circuit judge; and (3) have not served previously as chief judge. Judge Kozinski also believes that looks count, though he can provide no support for that proposition." Access online today's U.S. Supreme Court oral argument transcript in New Jersey v. Delaware, No. 134 Orig. The Court has posted the transcript at this link. Posted at 04:43 PM by Howard Bashman "Pa. high court cancels final round of 2007 hearings": The Associated Press provides this report. The reason given for the cancellation is that only four of the court's seven Justices would have been available to participate in deciding those cases on the merits. And The Philadelphia Bulletin today published this interesting interview with the Supreme Court of Pennsylvania's next Chief Justice. "NY Court of Appeals Allows Defendants to Privately Question Plaintiff's Doctors": Eric Turkewitz has this post at the "New York Personal Injury Law Blog." You can access today's ruling of the New York State Court of Appeals -- that State's highest court -- at this link. Access online the transcript of today's U.S. Supreme Court oral argument in Knight v. Commissioner, No. 06-1286: The Court has posted the transcript at this link. Posted at 02:32 PM by Howard Bashman "High court hears arguments in N.J.-Del. feud over LNG terminal": The Philadelphia Inquirer provides this news update. The News Journal of Wilmington, Delaware provides a news update headlined "Supreme Court hears Del.-N.J. border dispute." And Mark Sherman of The Associated Press reports that "Delaware River Dispute at Supreme Court." May a municipality exclude religious assemblies or institutions from a particular zone, where some secular assemblies or institutions are allowed, without violating the Free Exercise Clause of the First Amendment or RLUIPA's Equal Terms Provision? A partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit today issued a 96-page ruling addressing that question. Posted at 02:18 PM by Howard Bashman "Court: Contractor owes $5 million to U.S. soldier's family." CNN.com provides a report that begins, "A federal court has ordered a Kuwait-based contractor to pay nearly $5 million in damages to the family of a U.S. military officer killed in Iraq -- a rare court decision holding a contracting company accountable for its actions in the war." You can access this month's ruling of the U.S. District Court for the Northern District of Georgia at this link. "Woman Sues Ex-Fiance's Parents for Reportedly Hiding Their Son's HIV; Though a Jury Awarded Woman Millions, Appellate Court Tossed Verdict": ABCNews.com provides this report on a case now pending before the Supreme Court of Illinois. Posted at 12:10 PM by Howard Bashman The Supreme Court of Nevada is so overworked that it has begun to emit smoke: The Associated Press reported yesterday that "Smoke shuts down Nevada high court." That court's own news release can be accessed here. Separately, Nevada's high court is lobbying for the creation of an intermediate appellate court for that State, as evidenced by the recommendations found in this 55-page report. "'Aux Armes, Citoyens!:' Time for Law Schools to Lead the Movement for Free and Open Access to the Law." Law Professor Ian Gallacher has posted this article (abstract with link for download) online at SSRN. Pages 25-26 of the article discuss the Second Circuit's efforts last month to restrict access to the original version of that Court's ruling in the Higazy v. Templeton case. Professor Gallacher writes: The incident is disturbing not just because the Higazy case shows how the federal government was able to coerce a false confession from an innocent person, but because it shows that federal courts believe that not only can they release and then retrieve and edit opinions, they believe they have the power to make others restrict access to the information as well, even though it was obtained from the court's own website. This is not the behavior of a governmental body that is taking responsibility for providing accurate, free, and open access to its opinions.The article recommends that "law schools band together in a consortium in order to publish and freely disseminate American common law on the internet." Posted at 11:40 AM by Howard Bashman "Court to Release Audio in Guantanmo Case": The Associated Press provides this report. The press release that the U.S. Supreme Court issued yesterday can be accessed here. Major League Baseball's hope to obtain rehearing from Eighth Circuit in fantasy baseball dispute is reduced to fantasy: The Associated Press reports that "Federal appeals court denies rehearing in fantasy baseball suit." And St. Louis Business Journal reports that "Court denies petitions from MLBAM, MLBPA in fantasy suit." My earlier coverage of the Eighth Circuit's three-judge panel ruling appears at this link. "Justices uphold welfare home searches; The ACLU had challenged a San Diego County policy, saying its warrantless inspections violated privacy rights; The Supreme Court refuses to hear it": David G. Savage has this article today in The Los Angeles Times. The San Diego Union-Tribune reports today that "Court clears welfare home inspections." And The North County Times reports that "County's welfare inspections upheld by Supreme Court; Local officials say decision vindicates house calls." "Viability of sex-offender law in doubt; The lifetime GPS monitoring ordered by Prop. 83 may be too costly and complex to ever fully implement": The Los Angeles Times today contains an article that begins, "Law enforcement leaders who pushed for a ballot initiative requiring sex offenders in California to be tracked by satellite for life are now saying that the sweeping surveillance program voters endorsed is not feasible and is unlikely to be fully implemented for years, if ever." Posted at 09:34 AM by Howard Bashman "Would-be bodysurfer sues to establish a beachhead at Stinson": This front page article, about public access to beaches, appears today in The San Francisco Chronicle. Posted at 09:28 AM by Howard Bashman "Sniper Judge Is Named to Appeals Court": The Washington Post today contains an article that begins, "The judge who oversaw the first trial of Washington area sniper John Allen Muhammad was named yesterday to the Virginia Court of Appeals, and officials said his handling of the case played a key role in the appointment." Posted at 09:25 AM by Howard Bashman "End the Use of Signing Statements: The loophole allowing the president to selectively ignore laws must be closed." The Harvard Crimson contains this editorial today. Posted at 09:14 AM by Howard Bashman "Harris County's fight over Bible display may be over; Supreme Court spurns the case, but monument could still find a home": This article appears today in The Houston Chronicle. And the organization Americans United for Separation of Church and State yesterday issued a news release entitled "High Court Refuses To Re-open Religious Symbol Case." The September 5, 2006 installment of my "On Appeal" column for law.com -- headlined "Monument at Houston Courthouse Tests the Limits of Ten Commandments Rulings" -- discussed the Fifth Circuit's original three-judge panel ruling in the case. In April 2007, after having granted rehearing en banc in the case, the full Fifth Circuit dismissed the case as moot. "Justices Consider a Loss in a 401(k) Plan": Linda Greenhouse has this article today in The New York Times. And David G. Savage of The Los Angeles Times reports today that "High court hears case of lost 401(k) funds; James LaRue says his employer's plan administrator ignored his requests, costing him $150,000; The justices appear divided, and a decision is months away." "Another hearing for Kent's accuser": The Galveston County Daily News today contains an article that begins, "A woman who has accused U.S. District Judge Samuel Kent of unwanted sexual touching will have her case reheard by a disciplinary panel of the 5th Judicial Circuit, her attorney, Rusty Hardin, said late Monday. Late that afternoon, Hardin gave the panel summaries of interviews his team did of 20 people who have had contact with Kent. Hardin claims those interviews show that Kent has misbehaved toward women since shortly after he was named to the federal bench in Galveston in the early 1990s. Hardin said he and his client are asking that the panel refer the matter to the Judicial Council of the United States with a recommendation that Kent be impeached." The Houston Chronicle reports today that "Kent may face worse hurdles in sex misconduct case; Accuser requests it be reheard by a higher authority." And The Associated Press reports that "Woman seeks more punishment for judge accused of sex misconduct." "New Jersey, Delaware dispute their border -- again; The Supreme Court case, set to be heard Tuesday, involves an energy plant whose pier would cross the line": Warren Richey has this article today in The Christian Science Monitor. The News Journal of Wilmington, Delaware yesterday contained an article headlined "Supreme Court to hear more on LNG dispute; Tuesday's arguments are third round." The Courier-Post of Cherry Hill, New Jersey reports today that "High court will hear N.J. border dispute." Kate Coscarelli of The Newark (N.J.) Star-Ledger reports that "NJ, Delaware to square off in court." And the Newhouse News Service reports that "Del. holds N.J. cards in LNG game." "Court to decide detainees' rights; Justices try to balance protection of nation, protection of individual": Today in USA Today, Joan Biskupic has an article that begins, "Supreme Court justices will hear a dispute next week over the rights of Guantanamo detainees that presents a fundamental question of prisoners' ability to be heard in court. The case arises as the justices increasingly exert their authority in terror-related clashes." Posted at 08:11 AM by Howard Bashman Available online from law.com: An article reports that "9th Circuit Reverses Rare Verdict in Securities Class Action." You can access yesterday's Ninth Circuit ruling at this link. And in news from Georgia, "Judge, DA Agree to Deal in Teen Sex Case; Man whose case resembled Genarlow Wilson's allowed out after four years in prison; state high court had upheld 10-year sentence." "Sex offender law in doubt; Residency restrictions may be invalid, but sheriffs want clarification": Bill Rankin has this article today in The Atlanta Journal-Constitution. The newspaper also contains an editorial entitled "Common sense lives: State Supreme Court decision opens the door to more rational sex offender residency rules." In commentary available online at FindLaw: Joanna Grossman has an essay entitled "Why the U.S. Court of Appeals for the Sixth Circuit Rejected a Man's Claim for Relief from Involuntary Fatherhood." My earlier coverage of the Sixth Circuit's ruling appears at this link. And Aviva Abramovsky has an essay entitled "Why a California Court of Appeal Held that Scott Peterson Won't Be Collecting on the Insurance Policy For His Wife and Murder Victim, Laci." My earlier coverage of that ruling appears at this link. Monday, November 26, 2007 In the December 6, 2007 issue of The New York Review of Books: Law Professor David Cole has a review titled "The Man Behind the Torture" of Law Professor Jack L. Goldsmith's book, "The Terror Presidency: Law and Judgment Inside the Bush Administration." In addition, the publication also contains a very interesting item headlined "'The Supreme Court Phalanx': An Exchange," consisting of two letters to the editor responding to Ronald Dworkin's essay "The Supreme Court Phalanx" and Dworkin's response to those letters. The U.S. Supreme Court has authorized the release of same-day oral argument audio in the Guantanamo detainee cases to be argued December 5, 2007: Tony Mauro has this post at "The BLT: The Blog of Legal Times." The oral argument will feature a former Solicitor General against the current Solicitor General. Posted at 05:55 PM by Howard Bashman You can now access online the contents of Cato Supreme Court Review, 2006–2007: Via this link (via "Instapundit"). Posted at 05:50 PM by Howard Bashman "Race-Baiting on the Ballot: Immigration isn't the only explosive racial issue facing voters in the coming election year -- the anti-affirmative action movement is pushing 2008 ballot initiatives across the country; Is economic populism the antidote?" Dana Goldstein has this essay online today at The American Prospect. Posted at 04:52 PM by Howard Bashman "200 Reasons Why the Election Matters: The future of the federal judiciary is at stake on November 4, 2008." Terry Eastland has this essay in the December 3, 2007 issue of The Weekly Standard. Posted at 04:40 PM by Howard Bashman "The Most Mysterious Right": In the current issue of The New Republic, Law Professor Cass R. Sunstein has this review of Law Professor Mark V. Tushnet's new book, "Out of Range: Why the Constitution Can't End the Battle over Guns." Posted at 04:35 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral argument: The Court has posted today's argument transcript in LaRue v. DeWolff, Boberg & Associates Inc., No. 06-856, at this link. Posted at 03:27 PM by Howard Bashman "Reconsidering Judicial Supremacy: From the Countermajoritarian Difficulty to Constitutional Transformations." Professor Allison M. Martens has this article in the September 2007 issue of Perspectives on Politics. Posted at 02:50 PM by Howard Bashman Available online from C-SPAN: This past Saturday evening's edition of "America & the Courts" was titled "Judge Janice Rogers Brown Discusses the First Amendment's Future" (RealPlayer required). And, in case you missed it, you can now access online the video of the "Federalist Society 25th Anniversary Dinner" (RealPlayer required). The video segment begins with Chief Justice John G. Roberts, Jr.'s delivery of the 2007 Barbara K. Olson Memorial Lecture. "Scalia to Join Supreme Court Book Club; Don't expect a tell-all: Justice is working on guide for lawyers." Tony Mauro has this "Courtside" column in this week's issue of Legal Times. According to the article, "Without fanfare or publicity, Scalia and Bryan Garner, the legal writing guru, have joined to co-author a book on the art of persuading judges, both orally and in written briefs." And yes, the article reports that the book will contain a section discussing the use of legislative history. "Retirement-Fund Suits May Be Permitted by U.S. Supreme Court": Greg Stohr of Bloomberg News provides a report that begins, "U.S. Supreme Court justices signaled they will let participants in 401(k) retirement plans file lawsuits claiming their accounts were mishandled." And The Associated Press reports that "Justices Deal With Retirement Plan Case." In re your mother: Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, today issued a decision in an appeal that he characterizes as an "in rem" suit in which the thing being litigated over is the plaintiff's mother. The opinion contains discussion of the so-called probate and domestic relations exceptions to federal court subject-matter jurisdiction. Posted at 11:58 AM by Howard Bashman Five U.S. citizens who were were subjected to border screening procedures normally reserved for suspected terrorists after attending the Reviving the Islamic Spirit Conference at the Toronto Skydome lose appeal seeking expungement of all data resulting from the searches: The U.S. Court of Appeals for the Second Circuit issued this ruling today. In earlier news coverage, The Associated Press reported in December 2004 that "Islamic Group Protests Detention at Border." And in April 2005, The New York Times reported that "Five Muslims to Sue U.S. Over Border Detentions." The Washington Post reported that "Muslims Detained at Border Sue U.S. Homeland Security." And BBC News reported that "Muslims sue US over border stop; Five American Muslims detained for more than six hours at the Canadian border have filed a lawsuit against the US Department of Homeland Security." "Mother can keep birth 'a secret'; A woman who became pregnant after a one-night stand has been given the right to keep the birth a secret from the father": BBC News provides this report. Saturday's edition of The Guardian (UK) contained an article headlined "Court upholds woman's right not to tell father about baby; Mother kept pregnancy a secret from everybody; Girl born after one-night stand put up for adoption." Saturday's edition of The Independent (UK) reported that "Judges rule birth can be kept secret." Saturday's edition of The Mirror (UK) reported that "Mum wins right to keep tot secret." And The Scotsman on Saturday reported that "Mother can keep birth of child secret from father." You can access Friday's ruling of the Court of Appeal Civil Division for England and Wales at this link. The appellate court's lead opinion, written by Lady Justice Arden, begins, "This appeal concerns a child of a young unmarried mother who was placed for adoption at birth and the question is whether the local authority should make inquiries to see if any of the child's birth family would be suitable carers. The mother is against it. She did not tell them about her pregnancy or the birth. The father was a one-night stand. The particular features of this case are (i) a young unmarried mother; (ii) a child born as a result of a sexual encounter on one occasion with someone with whom the mother had no other relationship; (iii) a clear view by the mother that she wishes the child to be placed for adoption and (iv) the mother has never cared for the child." "Six non-Hawaiians intervene in OHA suit": The Honolulu Advertiser today contains an article that begins, "A group of non-Hawaiians want their say in a court case against the Office of Hawaiian Affairs that asks the state agency to spend its money helping only those with 50 percent or more Native Hawaiian blood." Posted at 10:50 AM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Court Won't Review San Diego Home Hunts"; "Court Declines Mich. Faith-Based Case"; and "Court Rejects Ala. Death Row Challenge." Posted at 10:47 AM by Howard Bashman "Court will not review welfare searches": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the U.S. Supreme Court -- which includes a summary affirmance in Rabiee v. Dietz, No. 07-375 -- at this link. "Success of Washington parties often depends on how many Supreme Court Justices attend": The San Francisco Sentinel provides this report. Posted at 09:05 AM by Howard Bashman "Unfit to execute: States know that their lethal injection procedure may cause excruciating pain, yet they defend it anyway." Law Professor Eric Berger has this op-ed today in The Los Angeles Times. Posted at 08:54 AM by Howard Bashman |