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Tuesday, November 17, 2009 Programming note: I'll be waking up very, very early on Wednesday morning to travel to Washington, DC to participate in the "Justice and Journalism" program at the Newseum. Depending on the availability of wireless internet access and program protocol, additional posts may not appear here until Wednesday evening. Posted at 10:14 PM by Howard Bashman "Second Amendment Protects All Americans, Supreme Court Told": Declan McCullagh has this post today at his "Taking Liberties" blog hosted by CBSNews.com. Posted at 10:00 PM by Howard Bashman "Report Released On W.Va. Judicial Reform": Today's edition of The Wheeling News-Register contains an article that begins, "A committee to reform West Virginia's courts suggests a pilot program to publically fund one state Supreme Court race in 2012. The Independent Commission on Judicial Review commissioned by Gov. Joe Manchin in April released its report Monday on how best to improve the public's perception of justice in West Virginia's courts." Today's edition of The Charleston (W. Va.) Daily Mail contains an article headlined "Judicial report takes gradual approach to reform." The Associated Press reports that "Panel proposes 2nd appeals court for W.Va." And The West Virginia Record reports that "Judicial Reform panel submits report." You can access the final report of the West Virginia Independent Commission on Judicial Reform at this link. "Moyer, others want justice selection changed": Today's edition of The Columbus Dispatch contains an article that begins, "Chief Justice Thomas J. Moyer has been elected to the Ohio Supreme Court four times. That's at least two times too many, he figures." Posted at 08:54 PM by Howard Bashman Articles of interest available online at SSRN: Law professor Richard A. Epstein has an article entitled "NRA v. City of Chicago: Does the Second Amendment Bind Frank Easterbrook?" (via "Legal Theory Blog"). Law professor Amy E. Sloan has an article entitled "The Dog that Didn't Bark: Stealth Procedures and the Erosion of Stare Decisis in the Federal Courts of Appeals" (via "Legal Theory Blog"). And Stefanie Lepore has an article entitled "The Development of the Supreme Court Practice of Calling for the Views of the Solicitor General" (via "Legal Theory Blog"). "Justice Scalia speaks about Constitution in Ohio": The Associated Press has this report. Posted at 08:27 PM by Howard Bashman "Alleged 9/11 plotters 'stoic,' polite on learning of New York trial": Carol Rosenberg of The Miami Herald has this news update. And Wednesday's edition of The New York Times will contain an article headlined "Illinois Town Divided Over Moving Terror Suspects." "Obama court nominee David Hamilton clears Senate hurdle; A Republican effort to stall an Obama appeals court nominee failed Tuesday; A full Senate vote on Judge David Hamilton is set for Wednesday": Warren Richey of The Christian Science Monitor has this report. The Journal Gazette of Fort Wayne, Indiana has a news update headlined "Senate agrees to allow vote on Hoosier judicial nominee; Lugar votes to stop GOP filibuster." The Birmingham News has an update headlined "Jeff Sessions loses vote, makes his point." The Mobile Press-Register has a news update headlined "U.S. Sen. Jeff Sessions' bid to filibuster federal court nominee fails." Bloomberg News reports that "Obama Judge Selection Advances as Senate Clears Way for Debate." And Politico.com reports that "Senate ends debate over judicial nominee." "Court Upholds Restriction on Fifth Avenue Parades": A.G. Sulzberger has this post at the "City Room" blog of The New York Times. My earlier coverage of today's Second Circuit ruling appears at this link. "Md. city aims for balance with Dred Scott plaque": The Associated Press has this report. The Frederick (Md.) News-Post has an update headlined "Dred Scott plaque dedicated at City Hall." And today's edition of The Baltimore Sun contains an article headlined "Recognition for Dred Scott, wife; Frederick places bronze plaque near monument to Taney, who decided slave's fate." "Controversial court nominee survives Senate test": The Associated Press now has an updated report that begins, "Democrats on Tuesday crushed a Senate filibuster against a controversial appeals court nominee, demonstrating to Republicans they can't stop President Barack Obama from turning the federal judiciary to the left. The 70-29 vote limited debate over the qualifications of U.S. District Judge David Hamilton of Indiana, and assured his elevation to the Chicago-based appeals court." Posted at 05:05 PM by Howard Bashman "Does death for 9/11 plotters offend federalism?" Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Posted at 04:40 PM by Howard Bashman "Democrats poised to end GOP court filibuster": The Associated Press has this report. Posted at 04:20 PM by Howard Bashman "Defendant's Words May Help 9/11 Case": Jess Bravin has this article today in The Wall Street Journal. And CBS News legal analyst Andrew Cohen today has a "CourtWatch" column entitled "What Could Go Wrong at KSM Trial, and How to Avoid It." Second Circuit rejects argument that a ban on "new" parades along Fifth Avenue in New York City violates the First Amendment: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Proving, once again, that in fact everybody does not love a parade. "Impeachment hearings open today for Judge Thomas Porteous": The Times-Picayune of New Orleans provides this report. And The Associated Press reports that "House panel opens impeachment hearings vs. judge." "NY lawyer in terror case ordered to prison": The Associated Press has a report that begins, "A federal appeals court has ordered a civil rights lawyer convicted in a terrorism case to begin serving her prison sentence. The 2nd U.S. Circuit Court of Appeals in Manhattan on Tuesday also upheld Lynne Stewart's conviction." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit in United States v. Lynne Stewart, et al., at this link. Each of the three judges on the three-judge panel issued an opinion. "City officials win ruling on airport advertising deal": Bill Rankin has this article today in The Atlanta Journal-Constitution. And The Associated Press reports that "Atlanta prevails in airport advertising lawsuit." You can access yesterday's per curiam ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. "Mich. affirmative action ban to be challenged in U.S. court of appeals": This article appears today in The State News, the student newspaper of Michigan State University. The Detroit Free Press reports today that "Affirmative action ban to be debated in court." The Associated Press reports that "Court to consider Mich. affirmative action ban." And in The Detroit News, columnist Laura Berman has an essay entitled "Proposal 2 challenge continues." "Can KSM Get a Fair Trial?" CBS News legal analyst Andrew Cohen has this essay online at "The Daily Beast." Posted at 10:12 AM by Howard Bashman "Judges Calabresi and Easterbrook Face Off on How to Interpret Statutes": Jeff Jeffrey had this post Saturday at "The BLT: The Blog of Legal Times." And "Josh Blackman's Blog" provides this coverage, featuring YouTube video clips of the debate. "Black Firefighters Move to Intervene in Ricci v. DeStefano": Daniel Schwartz has this post today at his "Connecticut Employment Law Blog." Posted at 09:57 AM by Howard Bashman "R.I. judicial selction process needs transparency": Columnist Edward Fitzpatrick has this op-ed today in The Providence Journal. Posted at 09:54 AM by Howard Bashman "Goal of New ABA Website: All the Federal Decisions that Are Fit to Print." The ABA Journal's "Law News Now" blog has this post. Posted at 09:45 AM by Howard Bashman "DNA evidence useless in Jovin murder case; DNA tainted by lab technician, eliminating crucial lead in decade-old murder case": This article appeared yesterday in The Yale Daily News. Posted at 09:40 AM by Howard Bashman "Cases on Life Terms for Juveniles": You can view this past Saturday's broadcast of C-SPAN's "America & the Courts" online and on-demand by clicking here. Notwithstanding the title of this installment, the bulk of the broadcast (beginning at 23:40) consists of a discussion among Pennsylvania-based judges and news media titled "The Third Branch Meets the Fourth Estate." Additional photographs from that event can be accessed at this link. Coincidentally, I'll be among the participants at a somewhat similar event scheduled to occur tomorrow at the Newseum in Washington, DC. "Supreme Court urged to end bail hearing 'cone of silence'; Media argue ban violates free speech, but governments say measure ensures fair trial": Today's edition of The Toronto Star contains an article that begins, "Sweeping publication bans at bail hearings put 'a cone of silence' around a judicial system that should be open to public scrutiny at the very early stages, lawyers told the country's top court. In one of the first major challenges to a 1976 criminal code provision, the Toronto Star, Associated Press, CBC and other media outlets urged the Supreme Court of Canada on Monday to strike down the law that makes a ban on information at bail hearings mandatory if requested by the Crown or an accused." The Toronto Sun has an article headlined "Taking the publication ban fight to the top court," which links to this related court filing. Canwest News Service reports that "News organizations ask top court to allow more bail information." And The Associated Press reports that "Canada Supreme Court hears media appeal." "GOP weighs filibuster of Obama judicial nominee": This article appears today in The Washington Times. Today's edition of The Journal Gazette of Fort Wayne, Indiana reports that "Lugar defies colleague, goes to bat for judge." The Indianapolis Star reports that "Lugar defends Obama's pick of Hoosier for appeals court." The Los Angeles Times contains an editorial entitled "Time for a ruling on judge: David F. Hamilton, nominated to the 7th Circuit Court, has been held up by partisan politics; But such delays also interfere with the administration of justice." The New York Times contains an editorial entitled "Obama's Judicial Nominations." And The Washington Post contains an editorial entitled "Giving hypocrisy a bad name: Republicans slammed filibusters of Bush judicial nominees; Now they see things differently."  
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