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Monday, December 7, 2009 "Mistrial in Case of Broadcaster Accused of Threats to Judges": This article will appear Tuesday in The New York Times. And law.com has an article headlined "Mistrial in Case of Blogger Accused of Threatening Judges." "As of yet, no circuit court has confronted this issue, and the district courts that have addressed it are badly divided." So explains a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in an opinion issued today. The decision addresses whether a federal statute providing that ""An order remanding [an erroneously removed] case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of removal" allows the award of expenses to be imposed against only the party that removed the case from state court to federal court or also allows the expenses to be imposed against that party's attorney. "Supreme Court takes case of student group that bars gay members; Christian student group cites freedom of religion in disallowing gay members; The college cites its nondiscrimination policy; The Supreme Court has agreed to decide which will prevail": Warren Richey of The Christian Science Monitor has this report. Greg Stohr of Bloomberg News reports that "Christian Group Rebuffed by School Gets Court Review." And James Vicini of Reuters reports that "Supreme Court to hear religious group barring gays case." "Supreme Court takes up 'honest services,' or anti-corruption, law; The Supreme Court will hear arguments Tuesday in two cases that explore whether a federal 'honest services' law is too vague; A third case, to be heard later, involves the anti-corruption methods used in convicting former Enron chief executive Jeffrey Skilling": Warren Richey of The Christian Science Monitor has this report. Brent Kendall of Dow Jones Newsletters reports that "Conrad Black Appeal Could Impact White-Collar Prosecutions." And in related news, Tuesday's edition of The Los Angeles Times will contain an article headlined "Prosecutors to revise charges against Blagojevich; An amended indictment is planned because of another case before the Supreme Court; That case may affect the federal 'honest services' statute, under which the former Illinois governor was charged." "Famous Miranda rights warning could get rewrite": Jesse J. Holland of The Associated Press has this report. You can access the transcript of today's U.S. Supreme Court oral argument in Florida v. Powell, No. 08-1175, at this link. "Supreme Court Briefing in the Year 2030": Orin Kerr has this post at "The Volokh Conspiracy." Posted at 09:20 PM by Howard Bashman "High court weighs constitutionality of corporate audit board; Justices consider whether law violates president's power": Robert Barnes will have this article Tuesday in The Washington Post. Posted at 09:14 PM by Howard Bashman "Brownstown Township man to face assault trial after Supreme Court ruling": The Detroit News has an update that begins, "The U.S. Supreme Court ruled today that Brownstown Township police officers did not violate a man's Fourth Amendment rights when they entered his home during a disturbance six years ago." Posted at 07:35 PM by Howard Bashman "Phelps-Roper loses appeal": The Topeka Capital-Journal has a news update that begins, "The Nebraska Supreme Court has dismissed Shirley Phelps-Roper's latest appeal in a case involving a Nebraska flag-desecration law, but her attorney said the legal battle isn't over." Posted at 07:28 PM by Howard Bashman "Court Spars on Oversight of Agencies": Adam Liptak will have this article Tuesday in The New York Times. The Wall Street Journal has a news update headlined "High Court Weighs Accounting Rules." And Greg Stohr of Bloomberg News reports that "Sarbanes-Oxley Audit Board Questioned by Justices." You can access the transcript of today's U.S. Supreme Court oral argument in Free Enterprise Fund v. Public Company Accounting Oversight Bd., No. 08-861, at this link. "For 9/11 Cases, a Short List of Lawyers": This article will appear Tuesday in The New York Times. Posted at 07:18 PM by Howard Bashman "Mistrial in case of Internet shock jock Harold (Hal) Turner, charged with threatening to kill judges": The New York Daily News has this update. And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Mistrial in Case of Hate Blogger Charged With Judge Threats." "NY judge declares mistrial in NJ blogger trial": The Associated Press has a report that begins, "A judge declared a mistrial Monday in the case against a New Jersey blogger accused of making death threats against three federal judges in Chicago because they wrote a ruling supporting gun control." According to The AP's report, "The only juror to speak to reporters afterward, truck driver Richard Gardiner, said the jury voted 9 to 3 in favor of acquittal, with the majority seeing the government's case as weak." In today's mail: A copy of the book "Legislating the War on Terror: An Agenda for Reform," edited by Benjamin Wittes. Posted at 03:48 PM by Howard Bashman "Three Supreme Court Cases Challenge Law Used to Secure High-Profile Fraud Convictions": Tony Mauro of The National Law Journal has this report. Posted at 02:54 PM by Howard Bashman "The Turducken Approach to Privacy Law": In Tuesday's edition of The New York Times, Adam Liptak will have this new installment of his "Sidebar" column. Posted at 02:50 PM by Howard Bashman "Bring On the Show Trial: The justice system needs vindication." Dahlia Lithwick has this essay in the December 14, 2009 issue of Newsweek. Posted at 02:47 PM by Howard Bashman "The '328 patent claims to solve the 'too much' or 'too little' information problem commonly associated with running searches over a network or system--e.g., Google or Westlaw." The patent is at issue in a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 02:22 PM by Howard Bashman "Supreme Court weighs validity of anti-fraud law": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court cast doubt Monday on the validity of part of the anti-fraud law enacted in response to Enron and other corporate scandals early this decade." Posted at 02:11 PM by Howard Bashman "Ohio killer asks appeals court to stop execution": The Associated Press has a report that begins, "A condemned killer scheduled to become the first person in the U.S. put to death with a single drug on Tuesday is asking a federal appeals court to delay his execution." And The Columbus Dispatch has a news update headlined "Killer arrives at Lucasville for first 1-drug execution; Orders cheese pizza, onion rings for last meal." "Suit wants details about cops' online probes": In Saturday's edition of The San Francisco Chronicle, Bob Egelko had this article about a lawsuit brought by the Electronic Frontier Foundation. In addition, EFF has issued a press release titled "Lawsuit Demands Answers About Social-Networking Surveillance; Government Agencies Withholding Information on Data-Gathering from Facebook, Twitter, and Other Online Communities" and has posted online its complaint initiating suit. Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review in two cases. In addition, the Court issued a per curiam opinion in Michigan v. Fisher, No. 09-91. Justice John Paul Stevens issued a dissenting opinion, in which Justice Sonia Sotomayor joined. At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on student religious rights." In early news coverage, The Associated Press reports that "Court to decide if college group must allow gays" and "Court to decide sentencing modification case." "The Media and the Supreme Court: Princeton Univ. hosted a panel of journalists on the relationship between the media & the Supreme Court." You can view this past Saturday's broadcast of C-SPAN's "America & the Courts" by clicking here. Posted at 10:00 AM by Howard Bashman "Robots of future may need a good lawyer": The San Francisco Chronicle contains this article today. Posted at 09:58 AM by Howard Bashman "Supreme Court Hears Sarbanes-Oxley Case": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 07:40 AM by Howard Bashman "A controversial view from the bench": Today in The Boston Globe, Claude R. Marx has this review of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia." Posted at 07:35 AM by Howard Bashman "Texas judge talks historical career, court difficulties": Today's edition of The Daily Texan contains an article that begins, "Wallace Jefferson is often called 'Texas' Barack Obama,' but the Texas Supreme Court justice has been making history long before the president's inauguration. The 46-year-old judge became the first black member of the Texas Supreme Court in 2001 and the court's first black chief justice in 2004. Jefferson discussed his career as well as current issues facing the court at the Bass Lecture Hall at the LBJ School of Public Affairs on Friday." Posted at 07:32 AM by Howard Bashman "Professor Carl Tobias Responds to Senator Orrin Hatch on Judicial Nominations": This essay appears online at FindLaw. Posted at 07:30 AM by Howard Bashman "Casino takes card-counting case to Indiana Supreme Court": The Indianapolis Star contains this article today. Posted at 07:25 AM by Howard Bashman "Weyhrauch case goes to Supreme Court: Question involves 'honest services officials owe to citizens": This article appears today in The Anchorage Daily News. And The Philadelphia Daily News reports today that "28-word federal law, a key tool against corruption here, faces high court scrutiny."  
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